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    <title>2004 (2) TMI 448 - CESTAT, NEW DELHI</title>
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    <description>Small scale industry exemption could not be denied where the record did not establish that clearances, including unaccounted goods, exceeded the prescribed limit in any financial year; the demand based on crossing the limit was therefore unsustainable. The exemption also could not be refused on the ground of use of another person&#039;s brand name, because there was no tangible evidence that the brand belonged to someone else or that ownership by another trader or manufacturer was proved. On both grounds, the consequential confiscation and penalty were also unsustainable, and consequential relief followed.</description>
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      <link>https://www.taxtmi.com/caselaws?id=110942</link>
      <description>Small scale industry exemption could not be denied where the record did not establish that clearances, including unaccounted goods, exceeded the prescribed limit in any financial year; the demand based on crossing the limit was therefore unsustainable. The exemption also could not be refused on the ground of use of another person&#039;s brand name, because there was no tangible evidence that the brand belonged to someone else or that ownership by another trader or manufacturer was proved. On both grounds, the consequential confiscation and penalty were also unsustainable, and consequential relief followed.</description>
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