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    <title>2017 (5) TMI 1442 - CESTAT BANGALORE</title>
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    <description>Small Scale Industry exemption was available because the goods cleared under the mark TRANSPADE were not shown to bear a brand name belonging to another person. The notification barred the benefit only where the specified goods carried another person&#039;s brand or trade name, and the record did not establish exclusive third-party ownership of TRANSPADE. The mark was used by the appellant and also by the proprietorship concern of the appellant&#039;s Managing Director, which undermined the Revenue&#039;s case that the appellant had adopted someone else&#039;s brand name. On that basis, denial of the exemption was found unsustainable.</description>
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      <title>2017 (5) TMI 1442 - CESTAT BANGALORE</title>
      <link>https://www.taxtmi.com/caselaws?id=343704</link>
      <description>Small Scale Industry exemption was available because the goods cleared under the mark TRANSPADE were not shown to bear a brand name belonging to another person. The notification barred the benefit only where the specified goods carried another person&#039;s brand or trade name, and the record did not establish exclusive third-party ownership of TRANSPADE. The mark was used by the appellant and also by the proprietorship concern of the appellant&#039;s Managing Director, which undermined the Revenue&#039;s case that the appellant had adopted someone else&#039;s brand name. On that basis, denial of the exemption was found unsustainable.</description>
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