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TMI Blog2005 (10) TMI 26X X X X Extracts X X X X X X X X Extracts X X X X ..... dividend – Exemption not deniable - E/1042/2003 - 1830/2005 - Dated:- 24-10-2005 - [Order per : S.L. Peeran, Member (J)]. - The Revenue is aggrieved with the OIA Nos. 230/2003 and 231/2003-CE., dated 31-7-2003 dropping the demands confirmed by the Additional Commissioner denying the benefit of Notification No. 08/2001, dated 1-3-2001. The grounds for denying the benefit of SSI Notification was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ity hold by the Government of India also as a joint venture. He has noted that merely because the Annual Report stated that M/s. HLL had some business interest in the respondents company that by itself will not make both the units as one and the same. He also, after examination, held that there is no financial flow back from M/s. Modem Food Industries Ltd. to M/s. HLL except any amount that M/s. H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Notification and as they were having 74% of the share in the respondent's company, therefore, the benefit of SSI exemption cannot be granted to the respondent. 3. On a careful consideration and after due hearing of both sides, we do not find any infirmity in the impugned order. The Commissioner (Appeals) has noted all the factors which are relevant for deciding the issue. The respondent is a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n behalf of one or more manufacturers, had exceeded rupees seventy-five faiths in the preceding financial year." In the present case, the Notification in question does not have the said clauses. The Notification No. 8/2001 in para (v) lays down that - "where a manufacturer clears the specified goods from one or more factories, the exemption in his case shall apply to the correct value of clear ..... X X X X Extracts X X X X X X X X Extracts X X X X
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