Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
Vicarious liability for dishonoured company cheques may extend to non-signatory directors where complaints contain foundational responsibility avermen...
The HC allowed the appeal, holding that the insertion of Section 5A(1A) in the Central Excise Act, 1944 is prospective, not clarificatory. Prior to the amendment, the appellant had the option to forego the exemption on final products and pay duty to claim CENVAT credit on inputs. However, post-amendment, manufacturers of exempted excisable goods are prohibited from paying duty, precluding them from claiming CENVAT credit. The Tribunal erred in upholding the demand of CENVAT credit where the appellant had paid duty on final products and utilized input credits.
The HC allowed the appeal, holding that the insertion of Section 5A(1A) in the Central Excise Act, 1944 is prospective, not clarificatory. Prior to the amendment, the appellant had the option to forego the exemption on final products and pay duty to claim CENVAT credit on inputs. However, post-amendment, manufacturers of exempted excisable goods are prohibited from paying duty, precluding them from claiming CENVAT credit. The Tribunal erred in upholding the demand of CENVAT credit where the appellant had paid duty on final products and utilized input credits.
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