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    <title>2005 (9) TMI 19 - CESTAT,MUMBAI</title>
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    <description>A separate registered company retains its distinct corporate personality, and the veil cannot be lifted merely because of a change in shareholding; on the facts, the company was not to be treated as a dummy or facade of the holding entity, so exemption could not be denied on that basis. The commentary also notes that a demand and penalty fail where suppression and mens rea are not established, the relevant period is barred by limitation, and the brand name restriction does not apply when the disputed logo is not used on the final products. On those facts, the duty demand and penalty were unsustainable.</description>
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    <pubDate>Fri, 16 Sep 2005 00:00:00 +0530</pubDate>
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      <title>2005 (9) TMI 19 - CESTAT,MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=1106</link>
      <description>A separate registered company retains its distinct corporate personality, and the veil cannot be lifted merely because of a change in shareholding; on the facts, the company was not to be treated as a dummy or facade of the holding entity, so exemption could not be denied on that basis. The commentary also notes that a demand and penalty fail where suppression and mens rea are not established, the relevant period is barred by limitation, and the brand name restriction does not apply when the disputed logo is not used on the final products. On those facts, the duty demand and penalty were unsustainable.</description>
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      <pubDate>Fri, 16 Sep 2005 00:00:00 +0530</pubDate>
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