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    <title>2005 (11) TMI 431 - CESTAT, NEW DELHI</title>
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    <description>Later omission of Section 3A of the Central Excise Act, 1944 and the corresponding rule did not unsettle a demand and penalty based on an assessment already completed and confirmed before the omission took effect. The key principle is that a concluded assessment is not reopened merely because the enabling provision and subordinate rule are later withdrawn. On that reasoning, the challenge to the confirmed demand and penalty failed, and the appeal was rejected against the assessee.</description>
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      <link>https://www.taxtmi.com/caselaws?id=119350</link>
      <description>Later omission of Section 3A of the Central Excise Act, 1944 and the corresponding rule did not unsettle a demand and penalty based on an assessment already completed and confirmed before the omission took effect. The key principle is that a concluded assessment is not reopened merely because the enabling provision and subordinate rule are later withdrawn. On that reasoning, the challenge to the confirmed demand and penalty failed, and the appeal was rejected against the assessee.</description>
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      <pubDate>Wed, 30 Nov 2005 00:00:00 +0530</pubDate>
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