Input tax credit conditions remain constitutionally valid, with eligible recipient claims considered under GST circulars and retrospective filing dead...
Bogus donation receipts justified commission income assessment and defeated political-party tax exemption for inaccurate accounts and reporting failur...
Pure reimbursement without income element escapes tax withholding, while delayed withholding and unsupported provisions face deferred or renewed scrut...
Public benefit requirement defeats charitable registration where residents' association services are reciprocal, member-only facilities governed by mu...
Exempt-income expenditure disallowance is confined to investments that actually generated exempt income, while supported business expenses remain dedu...
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The appellant's contention regarding shortage of work-in-progress (WIP) due to dust generated during manufacturing was rejected. The logical conclusion was that final goods were manufactured but lesser quantity was recorded in the final products register, and duty was paid on the recorded quantity, while the remaining quantity was removed clandestinely. The shortage was substantial, and the impugned order correctly held the appellant liable for excise duty u/s 11A, invoking extended period of limitation along with interest and penalty u/s 11AC of the Central Excise Act, 1944. However, the imposition of personal penalty on Shri Tekriwal u/r 26 was set aside as confiscation of goods, a prerequisite for invoking Rule 26, was not undertaken by the Commissioner. The appeal was disposed of accordingly.
The appellant's contention regarding shortage of work-in-progress (WIP) due to dust generated during manufacturing was rejected. The logical conclusion was that final goods were manufactured but lesser quantity was recorded in the final products register, and duty was paid on the recorded quantity, while the remaining quantity was removed clandestinely. The shortage was substantial, and the impugned order correctly held the appellant liable for excise duty u/s 11A, invoking extended period of limitation along with interest and penalty u/s 11AC of the Central Excise Act, 1944. However, the imposition of personal penalty on Shri Tekriwal u/r 26 was set aside as confiscation of goods, a prerequisite for invoking Rule 26, was not undertaken by the Commissioner. The appeal was disposed of accordingly.
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