2009 (1) TMI 162

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....s from the factory exceeded Rs. 3 crores during the last preceding financial year and as such, they were not eligible for the benefit of the notification in the next financial year. The said allegations were made by taking into account the clearances of medicines manufactured by the appellant in their factory under the brand name or trade name of their loan licensee. The appellant took a stand that in terms of para 3(a), clearances bearing the brand name or trade name of another person, which are ineligible for the grant of exemption under this notification, shall not be taken into account for the purposes of determining of aggregate value of clearances of home consumption. Inasmuch as the goods being manufactured by them on behalf of loan ....

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....in the appellants' argument in absence of any tangible evidence showing that they had not given their factory on hire to other manufacture but the Branded goods were manufactured by them out of raw material supplied by the Loan Licencee. Therefore, the appellants case is not covered under Para 3(a) of the Notification No. 9/2003." 4. As is clear from the above, the legal position in respect of interpretation of notification stand accepted by the appellate authority. The same is also not disputed by the ld. Advocate. The legal position which emerges is that if the factory of the assessee is given on hire basis to various loan licensees, who manufacture the medicament themselves under their own brand name, then the total clearances being m....