Concessional penalty for search-disclosed unreconciled jewellery applies where substantive disclosure conditions are met despite omission from origina...
CESTAT dismissed appeals concerning interest claims on refunded CENVAT credit. The appellant reversed credit following show cause notices but without written protest. Though partial credit was later allowed per Tribunal's order dated 04.07.2011, the reversed amount was deemed appropriated as duty payment, not a revenue deposit. The reversal constituted appropriation since it matched the amount proposed in show cause notices. As refunds were processed within the statutory three-month period, no interest liability arose under Section 11BB. The Tribunal distinguished from Pricol Ltd precedent, noting absence of protest during reversal. The amounts were treated as appropriated duty payments rather than deposits under protest, making interest claims untenable.
CESTAT dismissed appeals concerning interest claims on refunded CENVAT credit. The appellant reversed credit following show cause notices but without written protest. Though partial credit was later allowed per Tribunal's order dated 04.07.2011, the reversed amount was deemed appropriated as duty payment, not a revenue deposit. The reversal constituted appropriation since it matched the amount proposed in show cause notices. As refunds were processed within the statutory three-month period, no interest liability arose under Section 11BB. The Tribunal distinguished from Pricol Ltd precedent, noting absence of protest during reversal. The amounts were treated as appropriated duty payments rather than deposits under protest, making interest claims untenable.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4827 
Join Channel 
