Revenue authority mandates using scheme-specific reversal procedures, not revising original entries, for instrument-based trade/customs benefits effec...
CESTAT allowed the appeals of the anonymized appellants and dismissed the Revenue's appeal. The Tribunal found that Condition No. 47A of Notification No. 06/2002-C.E., as amended by N/N. 47/2002, was complied with by production of a district magistrate's certificate evidencing intended use of the pipes in a sanctioned water supply scheme; accordingly the assessee was entitled to exemption. A demand under Section 11D was held unsustainable because the goods were exempted and invoices did not separately reflect duty; prior Tribunal precedent applicable to the facts was followed. Consequentially, demands and penalties against the appellant-entity and its senior officer were set aside.
CESTAT allowed the appeals of the anonymized appellants and dismissed the Revenue's appeal. The Tribunal found that Condition No. 47A of Notification No. 06/2002-C.E., as amended by N/N. 47/2002, was complied with by production of a district magistrate's certificate evidencing intended use of the pipes in a sanctioned water supply scheme; accordingly the assessee was entitled to exemption. A demand under Section 11D was held unsustainable because the goods were exempted and invoices did not separately reflect duty; prior Tribunal precedent applicable to the facts was followed. Consequentially, demands and penalties against the appellant-entity and its senior officer were set aside.
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