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...
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CESTAT allowed the appellant's appeal, finding that denial of CENVAT credit was improper. The tribunal determined that non-filing of ST-3 returns was not intentional but resulted from technical issues beyond the appellant's control, specifically delayed provision of login credentials by the department. The adjudicating authority and appellate commissioner erroneously disallowed CENVAT credit without properly considering the appellant's circumstances. The tribunal emphasized that statutory CENVAT credit benefits cannot be withdrawn merely due to procedural non-compliance when the failure was not willful. The show cause notice was deemed deficient as it failed to quantify the service tax amount, further supporting the appellant's position.
CESTAT allowed the appellant's appeal, finding that denial of CENVAT credit was improper. The tribunal determined that non-filing of ST-3 returns was not intentional but resulted from technical issues beyond the appellant's control, specifically delayed provision of login credentials by the department. The adjudicating authority and appellate commissioner erroneously disallowed CENVAT credit without properly considering the appellant's circumstances. The tribunal emphasized that statutory CENVAT credit benefits cannot be withdrawn merely due to procedural non-compliance when the failure was not willful. The show cause notice was deemed deficient as it failed to quantify the service tax amount, further supporting the appellant's position.
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