Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Specified income of Baddi Barotiwala Nalagarh Development Authority receives conditional tax exemption, retrospectively covering its designated assess...
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CESTAT held that Central Excise officers possess jurisdiction to issue show cause notices for recovery of customs duty from EOUs under their administrative control, affirming the validity of notifications and circulars delegating such authority. However, the department failed to substantiate the clandestine removal allegations with credible evidence or proper documentation, rendering duty demands unsustainable. Procedural lapses, such as expired warehousing licenses during stock transfers between EOUs, were deemed insufficient to justify duty recovery. Consequently, demands and penalties related to shortages and clearances were set aside. The tribunal remanded issues concerning duty on deemed exports to certain parties for fresh adjudication. The appeal was allowed in part, quashing most demands while directing reconsideration of specific deemed export claims.
CESTAT held that Central Excise officers possess jurisdiction to issue show cause notices for recovery of customs duty from EOUs under their administrative control, affirming the validity of notifications and circulars delegating such authority. However, the department failed to substantiate the clandestine removal allegations with credible evidence or proper documentation, rendering duty demands unsustainable. Procedural lapses, such as expired warehousing licenses during stock transfers between EOUs, were deemed insufficient to justify duty recovery. Consequently, demands and penalties related to shortages and clearances were set aside. The tribunal remanded issues concerning duty on deemed exports to certain parties for fresh adjudication. The appeal was allowed in part, quashing most demands while directing reconsideration of specific deemed export claims.
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