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2015 (10) TMI 915 - AT - Central ExciseImposition of penalty u/r 26 - Issue of bogus invoices - Held that:- On plain reading of the provisions it is clear that any person who is dealing with the excisable goods in any manner is liable to be penalized under Rule 26 of the Central Excise Rules, 2002. As per the allegation alleged against the appellants it is clear that appellants were not dealing with excisable goods and only issuing the invoices. - To impose penalty the person who is issuing the invoices without delivering the goods the provisions under Rule 26 ibid has been introduced w.e.f. 1-3-2007. Admittedly, during the period when the appellants have issued invoices the said provisions was not there. Therefore, penalty under Rule 26 of the Central Excise Rules, 2002 is not imposable on the appellants under the old provisions relating to the impugned period. - Impugned order is set aside - Decided in favour of assessee.
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