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...
The CESTAT partially allowed the appeal, setting aside the confirmed excise duty demand for the extended period of limitation due to time-bar considerations and precedent supporting non-inclusion of retained VAT in assessable value. The appellant was held liable to pay the differential excise duty for the normal period with interest. However, all penalties were waived, and the demand for the extended period was quashed. The tribunal recognized the appellant's eligibility for remission under the State VAT scheme and acknowledged that retained VAT amounts were not payable subsequently, thus not constituting additional consideration for excise valuation under the extended period. The appeal was allowed in part, confirming duty and interest for the normal period but rejecting extended period demands and penalties.
The CESTAT partially allowed the appeal, setting aside the confirmed excise duty demand for the extended period of limitation due to time-bar considerations and precedent supporting non-inclusion of retained VAT in assessable value. The appellant was held liable to pay the differential excise duty for the normal period with interest. However, all penalties were waived, and the demand for the extended period was quashed. The tribunal recognized the appellant's eligibility for remission under the State VAT scheme and acknowledged that retained VAT amounts were not payable subsequently, thus not constituting additional consideration for excise valuation under the extended period. The appeal was allowed in part, confirming duty and interest for the normal period but rejecting extended period demands and penalties.
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