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    <title>2015 (10) TMI 2525 - CESTAT MUMBAI</title>
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    <description>Concessional duty under exemption notifications was held available where the goods carried the mark &quot;CMS&quot; after a valid assignment of the trademark to the assessee. The material distinction was between mere permission to use another&#039;s brand name and a deed of assignment transferring ownership; only the former would ordinarily attract the brand-name exclusion. As the mark had been assigned for a fixed period and the assessee&#039;s products were not connected with the assignor&#039;s products, the brand-name bar did not apply. The duty demand, interest and penalties were therefore unsustainable.</description>
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      <link>https://www.taxtmi.com/caselaws?id=185470</link>
      <description>Concessional duty under exemption notifications was held available where the goods carried the mark &quot;CMS&quot; after a valid assignment of the trademark to the assessee. The material distinction was between mere permission to use another&#039;s brand name and a deed of assignment transferring ownership; only the former would ordinarily attract the brand-name exclusion. As the mark had been assigned for a fixed period and the assessee&#039;s products were not connected with the assignor&#039;s products, the brand-name bar did not apply. The duty demand, interest and penalties were therefore unsustainable.</description>
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