Service permanent establishment requires non-auxiliary services, while arm's-length distributor remuneration precludes further profit attribution in I...
Make-available condition excludes standard SaaS subscription receipts where customers receive no independently usable technical knowledge after subscr...
Anonymous donation classification fails where charitable trusts maintain undisputed donor identity records and evidence corpus contributions' intended...
Transfer pricing method selection favours TNMM where medical-equipment distribution involves substantial post-import value addition and operational ri...
The appellant was issued penalty u/r 26(2) of Central Excise Rules, 2002, alleging that second stage dealers based in Jaipur were issuing cenvatable invoices to the main noticee without delivering goods, which were purchased from first stage dealers and manufactured by non-existent or non-working manufacturers. The Commissioner (Appeals) recorded categorical findings that the main noticee had duly received goods and made duty payment. Tribunal held that when the demand for cenvat credit itself is not maintainable, there is no justification to affirm penalty on the appellant. Following the principles enunciated by Division Bench in Drolia Electrosteel case, where department accepted findings of Commissioner (Appeals), there is no justification to uphold penalty imposition on appellant. The impugned order was set aside and appeal allowed.
The appellant was issued penalty u/r 26(2) of Central Excise Rules, 2002, alleging that second stage dealers based in Jaipur were issuing cenvatable invoices to the main noticee without delivering goods, which were purchased from first stage dealers and manufactured by non-existent or non-working manufacturers. The Commissioner (Appeals) recorded categorical findings that the main noticee had duly received goods and made duty payment. Tribunal held that when the demand for cenvat credit itself is not maintainable, there is no justification to affirm penalty on the appellant. Following the principles enunciated by Division Bench in Drolia Electrosteel case, where department accepted findings of Commissioner (Appeals), there is no justification to uphold penalty imposition on appellant. The impugned order was set aside and appeal allowed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4805
Join Channel
TaxTMI 
