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    <title>2004 (3) TMI 453 - CESTAT, MUMBAI</title>
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    <description>Use of a common brand name does not by itself bar small-scale exemption under Notification No. 1/93-C.E. The assessee&#039;s labels were visually distinct, and the record did not establish that &quot;PARKMAN-T&quot; was exclusively owned by another manufacturer. The department failed to discharge the burden of proving exclusive ownership, while the Board&#039;s circular on common brand names supported exemption where the mark is not owned by a particular person. Subsequent registration of the brand in the assessee&#039;s favour further indicated that exclusive ownership by the other unit was not shown. The denial of SSI exemption was therefore unsustainable.</description>
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    <pubDate>Thu, 04 Mar 2004 00:00:00 +0530</pubDate>
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      <title>2004 (3) TMI 453 - CESTAT, MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=110977</link>
      <description>Use of a common brand name does not by itself bar small-scale exemption under Notification No. 1/93-C.E. The assessee&#039;s labels were visually distinct, and the record did not establish that &quot;PARKMAN-T&quot; was exclusively owned by another manufacturer. The department failed to discharge the burden of proving exclusive ownership, while the Board&#039;s circular on common brand names supported exemption where the mark is not owned by a particular person. Subsequent registration of the brand in the assessee&#039;s favour further indicated that exclusive ownership by the other unit was not shown. The denial of SSI exemption was therefore unsustainable.</description>
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      <pubDate>Thu, 04 Mar 2004 00:00:00 +0530</pubDate>
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