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2015 (10) TMI 895 - CESTAT MUMBAI

2015 (10) TMI 895 - CESTAT MUMBAI - TMI - Imposition of National Calamity Contingent Duty - Imposition of interest and penalty - Held that:- There is no dispute about the fact that for the pre-budget stock in respect of manufactured goods which have been manufactured before 01.03.2003, NCCD would not be applicable. However, we find that admitted position even from the appellant's side is that the vehicles were not fully finished but substantially finished. It is seen that it is important that th .....

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imposed under Rule 25 of the Central Excise Rules, 2002. In the facts and circumstances of the case, in our considered view, this is not a fit case for imposition of penalty and we accordingly set aside the penalty imposed under rule 25. Interest under Section 11AB is upheld.- Decided partly in favour of assessee. - Appeal No. E/3068/05 - Mum - Dated:- 11-9-2015 - P K Jain, Member (T) And S. S. Garg, Member (J), JJ. For the Appellant : Shri Anjali Hirawat, Adv For the Respondent : Shri H.M. Dixi .....

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for the appellant submits that NCCD is a new levy and as held by the Hon'ble Supreme Court in the case of CCE vs. Vazir Sultan Tobacco Co. Ltd. 1996 (83) ELT 3 (SC) the new levy would be applicable only on the goods manufactured after 01.03.2003. Since some of the vehicles in question were almost manufactured and even though cleared after 01.03.2003, no NCCD is applicable on the said goods. Ld. counsel also submitted that Board vide circular no. 334/1/2003-TRU dated 28.02.2003 in para 17 has .....

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