Transaction value cannot be rejected solely on non-statutory valuation guidelines without corroborative evidence supporting reassessment of final cust...
Cross-examination rights and corroborated evidence limit customs penalties for misdeclaration in genuine import transactions involving documented clea...
Tariff classification of vehicle gear components follows the specific gearing entry, displacing motor-vehicle parts classification and related liabili...
Necessary-party requirements limit impleadment of independent entities, while deferred consideration does not create an appealable adverse determinati...
Food supplement classification requires common parlance and authoritative tests, preventing treatment as proprietary Ayurvedic medicines without suppo...
Specified regulatory authority income receives conditional tax exemption, subject to non-commercial activity, unchanged income character, and return f...
Tax exemption for regulatory authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and return-filing...
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CENVAT credit on MS scrap received under registered dealer invoices was admissible where valid invoices, banking payments, statutory records, transport-service tax and evidence of consumption supported receipt, while manufacture and clearance of finished goods remained undisputed. The Revenue had to prove non-receipt through affirmative evidence and identify an alternative raw-material source; suspicion and incomplete investigation were insufficient. Uncorroborated, contradictory investigation statements could not sustain denial without compliance with Section 9D safeguards. Limited Vahan portal vehicle discrepancies, without examination of vehicle owners or independent evidence, could not establish fictitious transactions. Extended limitation was unavailable because statutory returns and records disclosed the credit and no fraud, collusion, wilful misstatement or suppression with intent to evade duty was proved. Credit reversal, interest and penalties were set aside.
CENVAT credit on MS scrap received under registered dealer invoices was admissible where valid invoices, banking payments, statutory records, transport-service tax and evidence of consumption supported receipt, while manufacture and clearance of finished goods remained undisputed. The Revenue had to prove non-receipt through affirmative evidence and identify an alternative raw-material source; suspicion and incomplete investigation were insufficient. Uncorroborated, contradictory investigation statements could not sustain denial without compliance with Section 9D safeguards. Limited Vahan portal vehicle discrepancies, without examination of vehicle owners or independent evidence, could not establish fictitious transactions. Extended limitation was unavailable because statutory returns and records disclosed the credit and no fraud, collusion, wilful misstatement or suppression with intent to evade duty was proved. Credit reversal, interest and penalties were set aside.
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