2006 (3) TMI 19

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..... clearance – Demand on holding company
[Order] - The benefit of SSI exemption under Notification Nos. 175/86-C.E., dated 1-3-86, 1 /93-C.E., dated 28-2-1993 has been disallowed to the appellants herein, who are engaged in the manufacture of inorganic chemicals falling under Chapter 28 of the Schedule to the Central Excise Tariff Act, 1985 on the ground that they were 100% subsidiary company of .....

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..... ems Ltd. [2003 (152) E.L.T. 28 (S.C.)] in the context of Notification No. 85/85- C.E., wherein it was held that if subsidiary had manufactured goods on behalf of the main unit, the value of clearances of all units were required to be clubbed. However we note that during the period in dispute in the present appeal, Notification Nos. 175/86 and 1/93 which were in force and these two notifications do .....

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..... he Nutrine Sweets Pvt. Ltd. decision by submitting that in the present case there is a clear finding that there is mutuality of interest between the appellant and its holding company M/s. Catalyst (India) Pvt. Ltd. it would still make no difference for the reason that, even if it is accepted that there was mutuality of interest, it is the holding company that M/s. Catalyst (India) Pvt. Ltd. which .....

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