Authentication of paper assessment orders upheld, while qualifying repairs, consumables and vendor advance write-offs remain deductible business claim...
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...
The High Court ruled that the petitioner's entitlement to avail Input Tax Credit under the CENVAT Credit Rules, 2004 cannot be denied, as long as the credit was validly earned. The court relied on the Supreme Court's decision in Collector of Central Excise, Pune v. Dai Ichi Karkaria Ltd., which held that validly earned credit is indefeasible and cannot be reversed, except in cases of illegal or irregular credit. Regarding the procedural irregularity u/s 140 of the CGST Act, 2017, the court condoned it, citing the Supreme Court's decision in Commissioner of Sales Tax, UP v. Auraiya Chamber of Commerce, Allahabad, which held that procedures are aids to justice, not obstacles. Consequently, the impugned order was quashed, and the petition was allowed.
The High Court ruled that the petitioner's entitlement to avail Input Tax Credit under the CENVAT Credit Rules, 2004 cannot be denied, as long as the credit was validly earned. The court relied on the Supreme Court's decision in Collector of Central Excise, Pune v. Dai Ichi Karkaria Ltd., which held that validly earned credit is indefeasible and cannot be reversed, except in cases of illegal or irregular credit. Regarding the procedural irregularity u/s 140 of the CGST Act, 2017, the court condoned it, citing the Supreme Court's decision in Commissioner of Sales Tax, UP v. Auraiya Chamber of Commerce, Allahabad, which held that procedures are aids to justice, not obstacles. Consequently, the impugned order was quashed, and the petition was allowed.
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