CESTAT allowed the appeal concerning excise duty liability on...

CESTAT allowed the appeal concerning excise duty liability on packing/repacking activities of construction equipment parts. The Tribunal held that Wheeled Tractor Loader Backhoe and Vibratory Compactor were not classified as "automobiles" prior to 29.04.2010, therefore no excise duty was leviable on packing/repacking of their parts before this date. Following the Larger Bench decision in Action Construction Equipment, Notification No. 11/2011 was deemed prospective from 29.04.2010. Post-amendment, only WTLB qualified as "automobile" under Serial No. 100A, making excise duty applicable on its parts packing/repacking, which appellants had already paid with interest. Vibratory Compactor remained excluded from Serial No. 100A classification, rendering no excise duty liability on its parts packing/repacking activities throughout the relevant period from 01.06.2006 to 30.06.2011. The Commissioner's impugned order dated 27.02.2012 was set aside.