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    <title>2010 (2) TMI 621 - CESTAT, NEW DELHI</title>
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    <description>Strict compliance with exemption conditions under Notification No. 4/2006-C.E. was required, and the pre-availment declaration of installed capacity was mandatory; filing it after claiming the benefit did not cure the default, so the exemption was denied. Use of another person&#039;s brand name also attracted the notification&#039;s express exclusion, and an assignment or consent arrangement did not override that bar; on the disclosed facts, suppression was upheld and the extended limitation period, with a second show cause notice for a distinct violation, was sustained. The duty, interest and company penalty remained in force, while the Director&#039;s personal penalty was reduced.</description>
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      <link>https://www.taxtmi.com/caselaws?id=201985</link>
      <description>Strict compliance with exemption conditions under Notification No. 4/2006-C.E. was required, and the pre-availment declaration of installed capacity was mandatory; filing it after claiming the benefit did not cure the default, so the exemption was denied. Use of another person&#039;s brand name also attracted the notification&#039;s express exclusion, and an assignment or consent arrangement did not override that bar; on the disclosed facts, suppression was upheld and the extended limitation period, with a second show cause notice for a distinct violation, was sustained. The duty, interest and company penalty remained in force, while the Director&#039;s personal penalty was reduced.</description>
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