Fraud-based GST assessment cannot stand without allegations of fraud, wilful misstatement or suppression; proceedings must follow normal classificatio...
The CESTAT adjudicated on various demands and penalties imposed on the appellants. The key findings are: The demand on account of undervaluation of goods cleared to two non-existent dealers was upheld along with interest and penalty equal to duty. The benefit of exemption notification was denied proportionately for traded goods, and the matter was remanded for re-quantification. The substantial demand for alleged clandestine removal of Fatty Acid in the guise of Refined Palm Oil was set aside due to lack of evidence. The penalties imposed on the directors were reduced considering their roles and the offenses established.
The CESTAT adjudicated on various demands and penalties imposed on the appellants. The key findings are: The demand on account of undervaluation of goods cleared to two non-existent dealers was upheld along with interest and penalty equal to duty. The benefit of exemption notification was denied proportionately for traded goods, and the matter was remanded for re-quantification. The substantial demand for alleged clandestine removal of Fatty Acid in the guise of Refined Palm Oil was set aside due to lack of evidence. The penalties imposed on the directors were reduced considering their roles and the offenses established.
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