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    <title>2018 (9) TMI 983 - CESTAT  ALLAHABAD</title>
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    <description>Small scale exemption was held unavailable where goods were cleared under customers&#039; brand names and used by those customers in their final products, following the settled Supreme Court position. The extended period of limitation was found unjustified because prior Tribunal rulings and the existing departmental circular supported the assessee&#039;s understanding, showing bona fide belief and no suppression or mala fide conduct. Penalty was therefore held unsustainable for the same reasons. The exemption claim failed on merits, but the demand was confined to the normal limitation period and the matter was remitted only for re-quantification of the surviving demand.</description>
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      <title>2018 (9) TMI 983 - CESTAT  ALLAHABAD</title>
      <link>https://www.taxtmi.com/caselaws?id=367247</link>
      <description>Small scale exemption was held unavailable where goods were cleared under customers&#039; brand names and used by those customers in their final products, following the settled Supreme Court position. The extended period of limitation was found unjustified because prior Tribunal rulings and the existing departmental circular supported the assessee&#039;s understanding, showing bona fide belief and no suppression or mala fide conduct. Penalty was therefore held unsustainable for the same reasons. The exemption claim failed on merits, but the demand was confined to the normal limitation period and the matter was remitted only for re-quantification of the surviving demand.</description>
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