Request-driven road restoration attracts reverse-charge GST, not governmental-function treatment or compensatory-damages status for business recipient...
Road restoration charges for commercial pipeline works are taxable Government services, with reverse charge liability and no public-function exemption...
Model-wise import cap monitoring cannot justify withholding used multifunction machines where all-India tracking is absent and full security is furnis...
CESTAT partially allowed the appeal concerning CENVAT credit on dumpers/tippers under operating lease. While credit was previously permitted, Notification 25/2010-CE mandated registration in service provider's name for eligibility. As vehicles were registered with lessor SEFPL, not appellant, credit was disallowed. Interest demand upheld per SC's compensatory principle in Pratibha Processors. However, extended period limitation and penalties were set aside due to genuine belief supported by prior favorable rulings before March 2011 notification. CESTAT found no evidence of duty evasion intent, concluding appellant acted under reasonable interpretation of Rule 4(3) during the ambiguous period.
CESTAT partially allowed the appeal concerning CENVAT credit on dumpers/tippers under operating lease. While credit was previously permitted, Notification 25/2010-CE mandated registration in service provider's name for eligibility. As vehicles were registered with lessor SEFPL, not appellant, credit was disallowed. Interest demand upheld per SC's compensatory principle in Pratibha Processors. However, extended period limitation and penalties were set aside due to genuine belief supported by prior favorable rulings before March 2011 notification. CESTAT found no evidence of duty evasion intent, concluding appellant acted under reasonable interpretation of Rule 4(3) during the ambiguous period.
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TaxTMI 
TaxTMI 
of 4918 
