Appellate Tribunal Upholds Central Excise Penalty on Embroidered Fabrics Refund Claim The Appellate Tribunal CESTAT, Mumbai rejected the appellant's refund claim and upheld a demand with a penalty under the Central Excise Act. The issue ...
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Appellate Tribunal Upholds Central Excise Penalty on Embroidered Fabrics Refund Claim
The Appellate Tribunal CESTAT, Mumbai rejected the appellant's refund claim and upheld a demand with a penalty under the Central Excise Act. The issue pertained to Additional Duties of Excise on Embroidered Fabrics under the Compounded Levy Scheme. The demands were not sustained following the precedent set by the Supreme Court in the case of Venus Castings. The tribunal granted a full waiver and stay, allowing both parties to request an out-of-turn hearing.
The Appellate Tribunal CESTAT, Mumbai rejected the appellant's refund of Rs. 1,02,536 and upheld a demand of Rs. 1,84,996 with a penalty of Rs. 40,000 under Section 35F of the Central Excise Act, 1944. The issue was regarding the levy of Additional Duties of Excise on Embroidered Fabrics under the Compounded Levy Scheme. The demands were not upheld based on the law laid down by the Supreme Court in the case of Venus Castings. Full waiver and stay were ordered, and both sides can apply for out-of-turn hearing.
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