Pre-existing operational debt disputes require genuine evidence, while undirected running-account payments may be appropriated on a first-in-first-out...
Agency in CNG distribution makes outlet operators commission agents, rendering taxable Business Auxiliary Service rather than purchasing goods for res...
Composite inpatient healthcare supply may retain exemption despite MRP medicine billing, while separate taxable sale characterisation remains disputed...
Working-capital adjustment determines whether software-services transfer-pricing margins fall within the statutory tolerance range, eliminating any ad...
Permanent establishment deductions upheld for expatriate salaries, direct costs and trading losses, while head-office costs require fresh classificati...
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The Appellate Tribunal held that the extended period of limitation for demand of duty could not be invoked as there was no suppression of facts or intent to evade payment of Central Excise duty by the appellants. The manufacture, clearances, and business transactions were duly recorded in books of account maintained by the appellants. The CENVAT credit demand and interest were set aside as the credit was reversed without utilization. No penalty was imposable as there was no intention to evade duty. The personal penalty on the partner was also set aside, following jurisdictional High Court precedents that separate personal penalties on partners in a firm case are unjustified. Consequently, the appeal was allowed.
The Appellate Tribunal held that the extended period of limitation for demand of duty could not be invoked as there was no suppression of facts or intent to evade payment of Central Excise duty by the appellants. The manufacture, clearances, and business transactions were duly recorded in books of account maintained by the appellants. The CENVAT credit demand and interest were set aside as the credit was reversed without utilization. No penalty was imposable as there was no intention to evade duty. The personal penalty on the partner was also set aside, following jurisdictional High Court precedents that separate personal penalties on partners in a firm case are unjustified. Consequently, the appeal was allowed.
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