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    <title>2023 (4) TMI 599 - CESTAT NEW DELHI</title>
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    <description>SSI exemption under Notification No. 1/2003-Central Excise was not barred where the goods were not shown to be cleared under the brand name of another person. The relevant test was whether the appellants&#039; logos or marks were in fact the brand names of a third party so as to attract the Para 4 embargo. As the trade mark authority treated the logos used by the appellants and the other concern as different and distinct, and the appellants held registration for the logo used, a mere application filed by another concern was insufficient to establish use of another person&#039;s brand name. The appellants were therefore entitled to the exemption.</description>
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      <link>https://www.taxtmi.com/caselaws?id=436573</link>
      <description>SSI exemption under Notification No. 1/2003-Central Excise was not barred where the goods were not shown to be cleared under the brand name of another person. The relevant test was whether the appellants&#039; logos or marks were in fact the brand names of a third party so as to attract the Para 4 embargo. As the trade mark authority treated the logos used by the appellants and the other concern as different and distinct, and the appellants held registration for the logo used, a mere application filed by another concern was insufficient to establish use of another person&#039;s brand name. The appellants were therefore entitled to the exemption.</description>
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