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2018 (8) TMI 773 - AT - Central ExciseManufacture - activity of packing, repacking, labeling, re-labeling of spare components and assemblies of Hydraulic Excavators - effect of the Finance Act, 2012 - Held that:- The appellant was not liable to pay any Excise duty on the activity of packing, repacking, labeling, re-labeling of spare components and assemblies of Hydraulic Excavators prior to 28/05/2012 when the Finance Act, 2012 received the assent of the President. It is an admitted fact that the said amount of excise duty relating to the aforesaid activity having been paid on 07/07/2011 i.e much before coming into effect of the Finance Act, 2012 - the appellant is not liable to pay any interest - the penalty under Section 11AC read with Rule 25 of Central Excise Rules, 2002 also set aside. Penalty u/s 77 and 78 of FA - Held that:- There is no element of fraud, suppression or contumacious conduct or falsification of records on the part of the appellant, hence the appellant is not liable to pay any penalty under Section 78 or under Section 77 of the Finance Act, 1944 - penalty set aside. Appeal allowed - decided in favor of appellant.
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