Administrative fraud classification suspension does not halt independent criminal investigation or warrant-based searches into alleged economic offenc...
Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
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CESTAT allowed the appeal, holding that the ISD's distribution of CENVAT/ITC to the recipient unit was lawful; mere technical defects in supplier invoices (addressed to another unit or absence of non-essential particulars) and reliance on internal CWIP ledgers do not suffice to disallow credit where genuineness is not disproved and corroborative evidence (payments, vouchers, performance proof) exists. The Tribunal found no findings of fabricated invoices, shell suppliers or circular payments and concluded the Department failed to establish the two statutory conditions under Rule 7/ISD provisions. Further, invocation of the extended limitation period was not established, rendering the demand time-barred. Consequently the demand, interest and penalties were vacated.
CESTAT allowed the appeal, holding that the ISD's distribution of CENVAT/ITC to the recipient unit was lawful; mere technical defects in supplier invoices (addressed to another unit or absence of non-essential particulars) and reliance on internal CWIP ledgers do not suffice to disallow credit where genuineness is not disproved and corroborative evidence (payments, vouchers, performance proof) exists. The Tribunal found no findings of fabricated invoices, shell suppliers or circular payments and concluded the Department failed to establish the two statutory conditions under Rule 7/ISD provisions. Further, invocation of the extended limitation period was not established, rendering the demand time-barred. Consequently the demand, interest and penalties were vacated.
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