Denial of Preferential Treatment under SAFTA overturned where unchallenged Country of Origin certificate warranted exemption under Notification benefi...
Continuing offence of money-laundering: discharge set aside and proceedings reinstated where laundering continued after inclusion of predicate offence...
Refund of unutilized CENVAT credit was claimed on closure of the manufacturing unit. Interpreting Rule 5 of CCR, 2004 as amended w.e.f. 01.04.2012, it was held that refund is statutorily permissible only where credit remains unutilized due to exports under bond/LUT, and not for "any other reason" as was possible prior to the amendment; being a creature of statute, the forum could not extend refund to factory closure, and the claim was rejected, leading to dismissal of the appeal. The contention that the adjudication travelled beyond the SCN was rejected since the SCN expressly proposed rejection under Rule 5 read with Section 11B. - CESTAT
Refund of unutilized CENVAT credit was claimed on closure of the manufacturing unit. Interpreting Rule 5 of CCR, 2004 as amended w.e.f. 01.04.2012, it was held that refund is statutorily permissible only where credit remains unutilized due to exports under bond/LUT, and not for "any other reason" as was possible prior to the amendment; being a creature of statute, the forum could not extend refund to factory closure, and the claim was rejected, leading to dismissal of the appeal. The contention that the adjudication travelled beyond the SCN was rejected since the SCN expressly proposed rejection under Rule 5 read with Section 11B. - CESTAT
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