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...
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Cenvat Credit case involving invoices issued by Merchant Exporter for services related to fulfilling Minimum Indicative Export Quota and invoices from U.P. Sugar Mills Cogen Association for contribution to install Gateway System. Appellant denied credit on contribution for Gateway System as per Supreme Court ruling disallowing credit on electricity cleared at contractual rates. Credit on Merchant Exporter's invoices disallowed as services unrelated to manufacturing activities, definition of input service amended restrictively in 2011. Extended period invoked correctly as appellant suppressed facts by not disclosing tripartite agreement and availing credit on unrelated services. Penalty under Cenvat Credit Rules upheld for demand related to Merchant Exporter's invoices. Interest demand upheld as credit wrongly availed. Appeal partially allowed.
Cenvat Credit case involving invoices issued by Merchant Exporter for services related to fulfilling Minimum Indicative Export Quota and invoices from U.P. Sugar Mills Cogen Association for contribution to install Gateway System. Appellant denied credit on contribution for Gateway System as per Supreme Court ruling disallowing credit on electricity cleared at contractual rates. Credit on Merchant Exporter's invoices disallowed as services unrelated to manufacturing activities, definition of input service amended restrictively in 2011. Extended period invoked correctly as appellant suppressed facts by not disclosing tripartite agreement and availing credit on unrelated services. Penalty under Cenvat Credit Rules upheld for demand related to Merchant Exporter's invoices. Interest demand upheld as credit wrongly availed. Appeal partially allowed.
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