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2010 (4) TMI 954 - AT - Central ExciseInterpretation of statute - second proviso to para 6 of N/N. 22/2003 dated 31-3-2003 - duty on paper and PVC resin - demand on the ground that finished goods are either not excisable or are exempted or charged to nil rate of duty - Held that: - the finished goods are excisable but were exempted or charged to nil rate of duty. Hence, for the period prior to amendment i.e., 6-9-2004, the appellants are not required to pay the input duty. However, the same is payable on and after 6-9-2004 - the appellants have paid the duty for the subsequent period from 6-9-2004. Penalty - Held that: - Since the issue involves interpretation of the Notification and also the assessments in respect of the EOU is provisional, there is no case of imposition of penalty on the appellants. Appeal allowed - decided partly in favor of assessee.
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