Natural justice in insolvency-professional discipline requires disclosed material; notices based on extraneous material and ignored defences are vitia...
Development rights transfers treated as immovable property, while construction abatement applies and repeated non-payment permits extended service-tax...
Recovery of amount of CENVAT Credit short reversed/not paid by the Noticee - The Tribunal upheld the department's position, ruling that the goods cleared under the exemption notification should be considered exempted. Regardless of the lack of change in RSP, the appellant claimed the benefit of the exemption, making the goods exempted for calculation purposes. - However, the Tribunal disagreed with the department's assertion that wrong assessment under self-assessment regime tantamounts to an intention to evade duty. It highlighted that the onus was on the department to prove the elements required for invoking the extended period of limitation. As the entire demand fell beyond the normal period of limitation, it was deemed time-barred and unsustainable.
Recovery of amount of CENVAT Credit short reversed/not paid by the Noticee - The Tribunal upheld the department's position, ruling that the goods cleared under the exemption notification should be considered exempted. Regardless of the lack of change in RSP, the appellant claimed the benefit of the exemption, making the goods exempted for calculation purposes. - However, the Tribunal disagreed with the department's assertion that wrong assessment under self-assessment regime tantamounts to an intention to evade duty. It highlighted that the onus was on the department to prove the elements required for invoking the extended period of limitation. As the entire demand fell beyond the normal period of limitation, it was deemed time-barred and unsustainable.
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