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2012 (1) TMI 120 - AT - Central ExciseDuty demand - Held that:- The fixed assets of M/s. Jain Biscuits Industries Ltd. were purchased by the appellant on 19-4-2001. By this time, the old Central Excise Rules, 1944 had been rescinded and new Central Excise Rules, 2001 had been notified vide Notification No. 9/2001-C.E. (N.T.), dated 1-3-2001. We notice that the decision in the case of Macson Marbles Pvt. Ltd. (2003 (11) TMI 71 - SUPREME COURT OF INDIA) relied upon by Revenue, was given with reference to Rule 230(2) of Central Excise Rules, 1944. Further, it was a case where department proceeded to attach plant and machinery which belonged earlier to the defaulter. Nothing is coming out from case records that any attachment of plant, machinery or excisable goods has been done in this case. The effect of the impugned order of the lower authority is to hold the appellants liable to pay revenue arrears of M/s. Jain Biscuits Industries Pvt. Ltd. without examining the issue whether the appellant is a successor in business of M/s. Jain Biscuits Industries Pvt. Ltd. and without attaching any property mentioned in the said provision. Further there is the issue that a legal provision brought into statute in 2004 cannot apply to a transaction done on 19-4-2001 - Decided in favour of assessee.
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