Alternative statutory remedy and unexplained delay barred writ review of customs confiscation adjudication, leaving merits for appellate consideration...
Authorised courier due diligence protects against penalties where declared exports conceal prohibited goods despite proper documentation and customs p...
Customs-controlled container movement now extends to DP World facilities, subject to segregation, inspections, reconciliation, and EXIM cargo priority...
Appellants wrongfully availed excess Cenvat credit beyond prescribed caps, failing to maintain separate accounts for common inputs/services used for taxable and exempted services during 2008-09 to 2009-10. Cenvat Credit Rules cap credit utilization at 20% for exempted services. Appellants entitled to opt for payment equivalent to credit attributable to inputs/services used for exempted services u/r 6(3A), requiring recalculation. Extended period invoked rightly as appellants deliberately didn't disclose non-maintenance of separate accounts. Penalty u/s 78 warranted for non-payment of service tax, quantum requiring redetermination. Matter remanded for recalculating recoverable credit, interest, and penalty after considering appellants' documents and calculations.
Appellants wrongfully availed excess Cenvat credit beyond prescribed caps, failing to maintain separate accounts for common inputs/services used for taxable and exempted services during 2008-09 to 2009-10. Cenvat Credit Rules cap credit utilization at 20% for exempted services. Appellants entitled to opt for payment equivalent to credit attributable to inputs/services used for exempted services u/r 6(3A), requiring recalculation. Extended period invoked rightly as appellants deliberately didn't disclose non-maintenance of separate accounts. Penalty u/s 78 warranted for non-payment of service tax, quantum requiring redetermination. Matter remanded for recalculating recoverable credit, interest, and penalty after considering appellants' documents and calculations.
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