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    <title>2017 (11) TMI 1315 - MADRAS HIGH COURT</title>
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    <description>Confectionery packed with the dealer&#039;s name was not treated as branded goods because the printed name identified only the producer and place of production, not a coined mark, brand name, trade name or trade mark. The residuary entry could be used only when the goods could not reasonably fall within a specific entry, and confectionery was expressly covered by the First Schedule at 4%. A clarification issued without notice to the assessee was held unenforceable against it. The higher-rate classification under the residuary entry was therefore unsustainable, and the assessment was quashed with entitlement to refund or adjustment of excess tax.</description>
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      <description>Confectionery packed with the dealer&#039;s name was not treated as branded goods because the printed name identified only the producer and place of production, not a coined mark, brand name, trade name or trade mark. The residuary entry could be used only when the goods could not reasonably fall within a specific entry, and confectionery was expressly covered by the First Schedule at 4%. A clarification issued without notice to the assessee was held unenforceable against it. The higher-rate classification under the residuary entry was therefore unsustainable, and the assessment was quashed with entitlement to refund or adjustment of excess tax.</description>
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