Independent show-cause notices remain separate proceedings, while customs adjudication challenges should ordinarily follow the statutory appellate rem...
Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
Interactive touchscreen panels with integrated computing functions fall under automatic data-processing machines rather than display monitors for cust...
Ex parte injunction service requirements were substantially met, while civil recovery and SFIO investigation into provident fund defalcation continued...
Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distributi...
Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
Pure-agent reimbursements in clearing and forwarding services are excluded from taxable value when qualifying third-party payments are properly record...
CESTAT allowed appeal concerning CENVAT credit on input services under Rule 2(l) of CENVAT Credit Rules, 2004. Tribunal held that sales promotion and brand building services maintained direct nexus with manufacturing, qualifying for CENVAT credit. Extended limitation period was inapplicable as case involved interpretational issues of complex legal provisions. Penalty under Section 11AC and Rule 15 was invalid absent fraud or willful misstatement. Interest under Rule 14 and Section 11AA was not chargeable as conditions for erroneous credit availment were unmet. Tribunal set aside demands, interest, and penalties, noting ER-1 Returns format required only total CENVAT credit reflection, not category-wise breakdown.
CESTAT allowed appeal concerning CENVAT credit on input services under Rule 2(l) of CENVAT Credit Rules, 2004. Tribunal held that sales promotion and brand building services maintained direct nexus with manufacturing, qualifying for CENVAT credit. Extended limitation period was inapplicable as case involved interpretational issues of complex legal provisions. Penalty under Section 11AC and Rule 15 was invalid absent fraud or willful misstatement. Interest under Rule 14 and Section 11AA was not chargeable as conditions for erroneous credit availment were unmet. Tribunal set aside demands, interest, and penalties, noting ER-1 Returns format required only total CENVAT credit reflection, not category-wise breakdown.
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