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2018 (3) TMI 164 - AT - Central ExciseSSI Exemption - assignment of brand name - date of assignment of Brand Name - Held that: - it is settled position of law that once the brand name has been assigned in favor of a person, he will be entitled to clear goods bearing that brand name considering it as his own and will be entitled to the benefit of the SSI Notification - It is not being disputed that the agreement dated 06.10.1998 has granted such assignment but the demand raised is for the period prior to this date i.e. January to September 1998. Upon perusal of the Assignment Agreement dated 06.10.1998, it is seen that in this Agreement there is a reference to the earlier agreement dated 25.08.1997. Further on perusal of a copy of the earlier assignment deed which is on record, we note that the same brand name stands assigned right from 25.08.1997 in favour of M/s Meyer Health Care Pvt. Ltd. Such being the case M/s. Meyer Health Care Pvt. Ltd. will be entitled to the SSI exemption during the disputed period. There is no dispute for the period subsequent to the assignment agreement, M/s Meyer Health Care will be entitled to the SSI benefit - appeal dismissed - decided against Revenue.
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