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    <title>2016 (9) TMI 227 - CESTAT HYDERABAD</title>
    <link>https://www.taxtmi.com/caselaws?id=331966</link>
    <description>Distinct show-cause notices based on different undervaluation allegations can be adjudicated independently, and an earlier merits decision on a related-person notice did not create res judicata or a limitation bar for a later brand-misdeclaration notice. The duty demand on the brand-misdeclaration allegation was therefore sustained. Personal penalty on the managing director could not stand without a clear factual finding of culpability, so it was set aside. Penalty under Rule 26 against the marketing firm was also not sustainable on the facts. The Revenue&#039;s challenge to the finding that the assessee and its marketing agency were not related persons failed, and its appeals were dismissed.</description>
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    <pubDate>Tue, 26 Jul 2016 00:00:00 +0530</pubDate>
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      <title>2016 (9) TMI 227 - CESTAT HYDERABAD</title>
      <link>https://www.taxtmi.com/caselaws?id=331966</link>
      <description>Distinct show-cause notices based on different undervaluation allegations can be adjudicated independently, and an earlier merits decision on a related-person notice did not create res judicata or a limitation bar for a later brand-misdeclaration notice. The duty demand on the brand-misdeclaration allegation was therefore sustained. Personal penalty on the managing director could not stand without a clear factual finding of culpability, so it was set aside. Penalty under Rule 26 against the marketing firm was also not sustainable on the facts. The Revenue&#039;s challenge to the finding that the assessee and its marketing agency were not related persons failed, and its appeals were dismissed.</description>
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      <pubDate>Tue, 26 Jul 2016 00:00:00 +0530</pubDate>
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