1996 (4) TMI 137

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....rnment on April 1, 1977 being G.S.R. 163 (E). In that notification the Government exempted clinical samples cleared by a manufacturer of patent or proprietary medicines falling under Item No. 14E of the First Schedule to the Central Excises and Salt Act, 1944, (1 of 1944) from the whole of the duty excisable thereon. This exemption was subject to following provisions : such clearances in any mo....

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.... The manufacturer was defined in the explanation to mean : (a) where it is a company within the meaning of the Companies Act, 1956 (1 of 1956), a company (i) which does not hold any share in the capital of any foreign company, and (ii) no part of the capital of which is held by a foreigner or a foreign company, (b) where it is a (i) the firm has no interest in any foreign firm, and ....

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....manufacturer the respondent must not hold any share in the capital of any foreign company and no part of the capital of the respondent company must be held by a foreigner or a foreign company. If the second condition is not fulfilled the respondent does not cease to be a manufacturer. The High Court has rightly held that the word `and' between (i) and (ii) of the explanation must be read as conjun....