Service of notice and contractual debt acknowledgment preserved insolvency admission against a corporate guarantor despite limitation and natural just...
Original works exemption excludes standalone boulder transportation, leaving subcontracted railway-project transport services subject to service tax l...
Annual production capacity determinations excluding stenter galleries support refunds for unconstitutional excise levies without an unjust-enrichment ...
Vicarious liability for cheque dishonour requires specific allegations of responsibility and cheque signatory; generic director allegations cannot sus...
IT Resilience Index requires market infrastructure institutions to automate resilience scoring, early warnings, and continuous service-delivery monito...
CESTAT allowed the appeals and set aside the impugned orders, holding that demands for differential export duty, interest, confiscation and penalties were unsustainable. The Tribunal ruled the post-2011 self-assessment regime could not be applied to transactions predating 08-04-2011, and that under the earlier regime it was incumbent on the proper officer to verify, examine, sample and assess export value when the goods were presented. The Department's failure to draw/test samples, seek clarifications or provisionally assess precluded invocation of the extended limitation period. Further, as the Let Export Order issued 09-06-2008, the demand arising from Notification No.79/2008 was inapplicable. Consequently, the redetermination and attendant fiscal and penal consequences were quashed.
CESTAT allowed the appeals and set aside the impugned orders, holding that demands for differential export duty, interest, confiscation and penalties were unsustainable. The Tribunal ruled the post-2011 self-assessment regime could not be applied to transactions predating 08-04-2011, and that under the earlier regime it was incumbent on the proper officer to verify, examine, sample and assess export value when the goods were presented. The Department's failure to draw/test samples, seek clarifications or provisionally assess precluded invocation of the extended limitation period. Further, as the Let Export Order issued 09-06-2008, the demand arising from Notification No.79/2008 was inapplicable. Consequently, the redetermination and attendant fiscal and penal consequences were quashed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4828 
Join Channel 
