Condonation of delay in filing GSTR-3B returns and entitlement to Section 62 benefit results in withdrawal of assessments and revocation of attachment...
Penalty for estimation of income and disallowances for tax non-deduction clarified: estimation-based penalties not sustainable; additions without conc...
Extended limitation for recovery of alleged inadmissible CENVAT credit was rejected because the assessee had disclosed total credit in statutory returns and was not legally required to furnish invoice-wise particulars; with documents already filed with a refund claim, suppression was not established, so demand beyond the normal period was set aside, while demand within limitation for Apr-Sep 2011 survived. Credit on outdoor catering for Apr-Sep 2011 was disallowed due to post-1-4-2011 statutory exclusion of such services as employee personal consumption. Credit was also disallowed where invoices lacked mandatory service description under Rule 9(2), and for accommodation and gym equipment AMC as excluded personal-use services. Alleged double-demand required factual verification and was remanded; Section 78 penalty was set aside. - CESTAT
Extended limitation for recovery of alleged inadmissible CENVAT credit was rejected because the assessee had disclosed total credit in statutory returns and was not legally required to furnish invoice-wise particulars; with documents already filed with a refund claim, suppression was not established, so demand beyond the normal period was set aside, while demand within limitation for Apr-Sep 2011 survived. Credit on outdoor catering for Apr-Sep 2011 was disallowed due to post-1-4-2011 statutory exclusion of such services as employee personal consumption. Credit was also disallowed where invoices lacked mandatory service description under Rule 9(2), and for accommodation and gym equipment AMC as excluded personal-use services. Alleged double-demand required factual verification and was remanded; Section 78 penalty was set aside. - CESTAT
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4826 
Join Channel 
