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    <title>2002 (10) TMI 114 - CEGAT, COURT NO. II, NEW DELHI</title>
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    <description>Under Notification No. 1/93-C.E., small scale exemption was available where the manufacturer used its own registered brand name, even if the same mark was also used by another person for different goods. The exclusion in paragraph 4 was held to operate only when the other person used the same brand name on identical goods, so that the products became commercially indistinguishable in the market. On that basis, the assessee with its own brand registration was entitled to exemption, while the remaining matters were remitted for disposal on the factual issue of brand-name similarity.</description>
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      <link>https://www.taxtmi.com/caselaws?id=48926</link>
      <description>Under Notification No. 1/93-C.E., small scale exemption was available where the manufacturer used its own registered brand name, even if the same mark was also used by another person for different goods. The exclusion in paragraph 4 was held to operate only when the other person used the same brand name on identical goods, so that the products became commercially indistinguishable in the market. On that basis, the assessee with its own brand registration was entitled to exemption, while the remaining matters were remitted for disposal on the factual issue of brand-name similarity.</description>
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