<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2013 (10) TMI 233 - CESTAT NEW DELHI</title>
    <link>https://www.taxtmi.com/caselaws?id=237778</link>
    <description>Clearances of goods bearing another person&#039;s brand name were excluded from the aggregate value for small scale exemption eligibility because Notification No. 8/2003-C.E. expressly excluded branded clearances that were ineligible under paragraph 4; the fact that such goods may have been exempt under another notification did not change that computation. The assessee therefore had a prima facie case on merits. The demand was also prima facie time-barred, as the notice was issued well after the relevant period and the department&#039;s prior notice showed knowledge of the facts, making the extended period unavailable. On both grounds, pre-deposit was waived and stay was granted.</description>
    <language>en-us</language>
    <pubDate>Mon, 23 Sep 2013 00:00:00 +0530</pubDate>
    <lastBuildDate>Wed, 27 May 2015 14:28:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=200185" rel="self" type="application/rss+xml"/>
    <item>
      <title>2013 (10) TMI 233 - CESTAT NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=237778</link>
      <description>Clearances of goods bearing another person&#039;s brand name were excluded from the aggregate value for small scale exemption eligibility because Notification No. 8/2003-C.E. expressly excluded branded clearances that were ineligible under paragraph 4; the fact that such goods may have been exempt under another notification did not change that computation. The assessee therefore had a prima facie case on merits. The demand was also prima facie time-barred, as the notice was issued well after the relevant period and the department&#039;s prior notice showed knowledge of the facts, making the extended period unavailable. On both grounds, pre-deposit was waived and stay was granted.</description>
      <category>Case-Laws</category>
      <law>Central Excise</law>
      <pubDate>Mon, 23 Sep 2013 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=237778</guid>
    </item>
  </channel>
</rss>