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    <title>2023 (8) TMI 1134 - CESTAT AHMEDABAD</title>
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    <description>Goods bearing the brand name of another person were excluded from SSI exemption under Notification No. 08/2003-CE, because the exception for components or parts cleared as original equipment was not met and the prescribed procedure was not followed; the exemption claim therefore failed. In relation to the co-appellant, penalty under Rule 26 was not sustainable because the dispute was one of notification interpretation, the clearances were made under invoices to organised buyers, and no mala fide intention was found; the penalty was accordingly set aside. The connected appeals thus resulted in a mixed outcome.</description>
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      <description>Goods bearing the brand name of another person were excluded from SSI exemption under Notification No. 08/2003-CE, because the exception for components or parts cleared as original equipment was not met and the prescribed procedure was not followed; the exemption claim therefore failed. In relation to the co-appellant, penalty under Rule 26 was not sustainable because the dispute was one of notification interpretation, the clearances were made under invoices to organised buyers, and no mala fide intention was found; the penalty was accordingly set aside. The connected appeals thus resulted in a mixed outcome.</description>
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