2010 (2) TMI 1177

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....nue against the order for reduction of penalty from ₹ 1,00,91,579/- to ₹ 65,24,629/-. 2. The appellants, namely M/s. Delux Bearings Limited (DBL in short) are engaged in the activity of packing and re-packing of automobile parts i.e. bal bearings in a unit containers. The activity is covered under the Schedule 3 of the Central Excise Tariff Act, 1985. They are using the brand name 'Delux Bearings" and their product is covered under 'Parts, Components and Assemblies of automobiles'. The MRP system was administered to the products with effect from 01.6.2006 and they are engaged in the process of packing or repacking of such goods in unit containers including the declaration or alteration of retail sale price on i....

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....lseeds Growers Co-op. Union Limited vs. CCE, Ahmedabad reported in 2009 (239) ELT. 317 (Tri.-Ahmd.) wherein this Tribunal has observed as under:- 6. We find that the above reasoning of the appellate authority gives a miss to an important fact that it is not the oil in loose or bulk condition, which has been charged to duty. In fact, oil in bulk or loose condition continues to be chargeable to nil rate of duty on account of exemption Notification even after 01.3.2003. The dispute relates to the duty liability in respect of retail pack. If the oil contained in the retail pack was sold in loose or bulk condition, the same would not attract any duty liability. Further, admittedly, such repacking into retail sale pack was not a manufacturing ac....

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....the appellant firm under Section 11AC. He submitted that in the case of Rajasthan Spinning and Weaving Mills, the Hon'ble Apex Court has held that penalty under Section 11 AC should be equivalent to the duty demand confirmed. Accordingly, he pleaded that duty demand be confirmed and penalty is enhanced equivalent to the duty amount. 5. Heard both sides. 6. We have considered the submission made by both sides. We find that in the case of Banaskantha Dist. Oilseeds Growers Co-op. Union Limited, this Tribunal held that stock present before amendment cannot be held to be leviable to duty, even if the stock is cleared after the date of amendment. In this case the Tribunal has relied on the Apex Court decision in the case of Commissioner vs....