Invoice-based recovery claims remain time-barred despite separate winding-up proceedings, absent valid acknowledgment or part-payment of the disputed ...
Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
Vicarious liability for dishonoured company cheques may extend to non-signatory directors where complaints contain foundational responsibility avermen...
CESTAT, an appellate tribunal, addressed the maintainability of appeals based on a CBIC circular setting a monetary limit. The re-assessment of goods at an enhanced value was reversed, restoring self-assessment. The issue was whether additional consideration was paid to exporters. The onus was on the department to prove declared value. The duty involved in each appeal was below the Rs.50 lakh limit per the circular. Citing a Bombay High Court case, it was ruled that appeals below certain monetary limits should be disposed of accordingly. The department's appeals were deemed not maintainable under the 02.11.2023 instructions. All 7 appeals were dismissed.
CESTAT, an appellate tribunal, addressed the maintainability of appeals based on a CBIC circular setting a monetary limit. The re-assessment of goods at an enhanced value was reversed, restoring self-assessment. The issue was whether additional consideration was paid to exporters. The onus was on the department to prove declared value. The duty involved in each appeal was below the Rs.50 lakh limit per the circular. Citing a Bombay High Court case, it was ruled that appeals below certain monetary limits should be disposed of accordingly. The department's appeals were deemed not maintainable under the 02.11.2023 instructions. All 7 appeals were dismissed.
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