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    <title>2009 (10) TMI 798 - CESTAT NEW DELHI</title>
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    <description>A retrospective amendment supplying machinery for enforcement of an existing excise/Cenvat obligation was treated as applicable to pending proceedings, because it was procedural and did not create a fresh liability; the demand was therefore held recoverable. The earlier objection that recovery was not possible for want of an express machinery provision was rejected, and the Revenue&#039;s position on restoration of the demand was accepted. Penalty, however, could not be sustained for non-payment of the amount in the absence of a clear statutory basis authorising such punishment for the relevant period; the penalty was therefore set aside.</description>
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    <pubDate>Thu, 15 Oct 2009 00:00:00 +0530</pubDate>
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      <title>2009 (10) TMI 798 - CESTAT NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=155083</link>
      <description>A retrospective amendment supplying machinery for enforcement of an existing excise/Cenvat obligation was treated as applicable to pending proceedings, because it was procedural and did not create a fresh liability; the demand was therefore held recoverable. The earlier objection that recovery was not possible for want of an express machinery provision was rejected, and the Revenue&#039;s position on restoration of the demand was accepted. Penalty, however, could not be sustained for non-payment of the amount in the absence of a clear statutory basis authorising such punishment for the relevant period; the penalty was therefore set aside.</description>
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      <pubDate>Thu, 15 Oct 2009 00:00:00 +0530</pubDate>
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