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    <title>2001 (3) TMI 158 - CEGAT, COURT NO. II, NEW DELHI</title>
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    <description>SSI exemption under Notification No. 175/86-C.E. could not be denied merely because the goods bore another person&#039;s brand name, as the department failed to prove that the brand owner was ineligible for the exemption; the assessee therefore obtained relief on this issue. At the same time, common directors, common premises, exclusive supply, management control, sales promotion support, and interest-free advances established mutuality of interest and financial flow back, so the assessee and the marketing company were treated as related persons and the marketing company&#039;s sale price was adopted for valuation. Confiscation was set aside in light of the exemption finding, while the penalty was only reduced and the duty was remitted for requantification.</description>
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    <pubDate>Fri, 23 Mar 2001 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=50534</link>
      <description>SSI exemption under Notification No. 175/86-C.E. could not be denied merely because the goods bore another person&#039;s brand name, as the department failed to prove that the brand owner was ineligible for the exemption; the assessee therefore obtained relief on this issue. At the same time, common directors, common premises, exclusive supply, management control, sales promotion support, and interest-free advances established mutuality of interest and financial flow back, so the assessee and the marketing company were treated as related persons and the marketing company&#039;s sale price was adopted for valuation. Confiscation was set aside in light of the exemption finding, while the penalty was only reduced and the duty was remitted for requantification.</description>
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