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    <title>2006 (9) TMI 402 - CESTAT, NEW DELHI</title>
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    <description>Exemption under Notification No. 1/93-C.E. was denied because the goods bore another person&#039;s brand name, and the notification was applied on a strict footing without implying any captive-use exception. The binding Supreme Court interpretation was treated as decisive, and the earlier contrary view in Prakash Industries was noted as overruled. In the stay application, closure of the factory was held insufficient by itself to justify complete waiver of pre-deposit, particularly where the duty demand was comparatively small. Interim protection was therefore made conditional on deposit of the duty amount, while limited protection was granted against the penalty demand.</description>
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      <link>https://www.taxtmi.com/caselaws?id=120087</link>
      <description>Exemption under Notification No. 1/93-C.E. was denied because the goods bore another person&#039;s brand name, and the notification was applied on a strict footing without implying any captive-use exception. The binding Supreme Court interpretation was treated as decisive, and the earlier contrary view in Prakash Industries was noted as overruled. In the stay application, closure of the factory was held insufficient by itself to justify complete waiver of pre-deposit, particularly where the duty demand was comparatively small. Interim protection was therefore made conditional on deposit of the duty amount, while limited protection was granted against the penalty demand.</description>
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