https://www.taxtmi.com/caselaws?id=248515 Penalty for issuing invoices without actual supply of goods was held inapplicable for the period before insertion of Rule 26(2) of the Central Excise Rules, 2002 on 01.03.2007. The HC noted that the specific penal provision covering such conduct was introduced only from that date, and the earlier provisions invoked by revenue did not extend to mere invoice issuance absent movement of goods. As the facts did not support treatment of the matter as one involving goods liable to confiscation, no statutory basis existed to sustain the penalty for the relevant pre-amendment period. The deletion of penalty was therefore upheld in favour of the assessee. en-us Mon, 19 May 2014 00:00:00 +0530 Mon, 12 Jan 2015 11:46:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=248515 Penalty for issuing invoices without actual supply of goods was held inapplicable for the period before insertion of Rule 26(2) of the Central Excise Rules, 2002 on 01.03.2007. The HC noted that the specific penal provision covering such conduct was introduced only from that date, and the earlier provisions invoked by revenue did not extend to mere invoice issuance absent movement of goods. As the facts did not support treatment of the matter as one involving goods liable to confiscation, no statutory basis existed to sustain the penalty for the relevant pre-amendment period. The deletion of penalty was therefore upheld in favour of the assessee. Case-Laws Central Excise Mon, 19 May 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=248515