Section 73(b) of the Finance Act, 2011 as applicable to Spare parts and Components of Construction Equipment - Regarding.

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....the retrospective levy of excise duty on packing, repacking of parts, components and assemblies of goods falling under tariff item 8426 41 00, 8427, 8429, 8430 10 vide Section 73(b) of the Finance Act, 2011. 3. The records of the discussion held in the meeting and the decision taken is enclosed for implementation and necessary action. This issues with the appeal of JS (TRU-I). Enclosure Record of Discussion in the Meeting on the Section 73(b) of the Finance Act, 2011 issues as applicable to spare parts and components of construction equipment held on 10th August 2011 at North Block, New Delhi A meeting of Commissioners of Central Excise having units manufacturing auto components in their jurisdiction was held on 10-8-2011 a....

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....dustry association is that if duty is charged on the packing, repacking, labelling, re-labelling & other such activities retrospectively, credit of duty paid on "inputs" brought into the "factory" during the period and used in or in relation to manufacture of that products that were cleared during the period from 29th April, 2010 to 8th April 2011 should also be permitted. It was agreed by all the participants that CENVAT credit is available subject to the production of necessary duty paying documents prescribed in the Rules. The credit of eligible duties can then be utilized for payment of excise duty on final products in terms of section 73(b) of the Finance Act, 2011. 5. As regards the exclusion of opening stocks of spare parts a....