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Employee stock-shortage penalties do not constitute consideration for services, preventing GST collection under Schedule II in employment relationship...
CESTAT held that the Commissioner's re-determination of assessable value was unsustainable as the premium addition was computed without objective, verifiable data contrary to Rule 10(2) of the CVR, 2007; the Clarksons Shipping Weekly data submitted by the appellant company is admissible and the matter is remanded to the adjudicating authority to verify that data and redetermine freight, insurance and premium from the port of loading to NMP, then quantify differential duty. Confiscation of the goods is affirmed due to misdeclaration of country of origin. Penalty under s.112(a) CA, 1962 on the appellant company is sustained; imposition of penalty under s.114AA on the company is unwarranted and set aside. Personal penalty on the Vice President is set aside for lack of evidence. Appeal disposed by remand.
CESTAT held that the Commissioner's re-determination of assessable value was unsustainable as the premium addition was computed without objective, verifiable data contrary to Rule 10(2) of the CVR, 2007; the Clarksons Shipping Weekly data submitted by the appellant company is admissible and the matter is remanded to the adjudicating authority to verify that data and redetermine freight, insurance and premium from the port of loading to NMP, then quantify differential duty. Confiscation of the goods is affirmed due to misdeclaration of country of origin. Penalty under s.112(a) CA, 1962 on the appellant company is sustained; imposition of penalty under s.114AA on the company is unwarranted and set aside. Personal penalty on the Vice President is set aside for lack of evidence. Appeal disposed by remand.
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