Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Business reorganisation requires recognition of successor's modified return; draft orders against dissolved transferor quashed and fresh review direct...
Inadvertent availment of common input service credit did not bar the higher rate of duty drawback where the CENVAT credit was reversed with interest before issuance of the show cause notice. Applying Chandrapur Magnet Wires and Precot Meridian, the HC treated the reversal as curing the prior availment for drawback purposes and rejected the argument that the Supreme Court authority lacked binding force. Emphasising the export-promoting object of drawback schemes, the Court held that a hyper-technical objection was unwarranted and set aside the revisional order, holding the exporter entitled to the applicable drawback rate for the relevant period.
Inadvertent availment of common input service credit did not bar the higher rate of duty drawback where the CENVAT credit was reversed with interest before issuance of the show cause notice. Applying Chandrapur Magnet Wires and Precot Meridian, the HC treated the reversal as curing the prior availment for drawback purposes and rejected the argument that the Supreme Court authority lacked binding force. Emphasising the export-promoting object of drawback schemes, the Court held that a hyper-technical objection was unwarranted and set aside the revisional order, holding the exporter entitled to the applicable drawback rate for the relevant period.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4819 
Join Channel 
