Transferable duty credit scrips validity and bona fide transferee entitlement to exemption upheld where scrips were subsisting at import, appeals allo...
Classification of knocked down motor vehicle component imports: Notification benefit denied because items are standalone non kit parts requiring subst...
Reassessment against a deceased assessee: procedural defect mandates fresh reassessment; nonresponsive petitioner may be treated as legal representati...
Dominant issue: whether CENVAT credit was fraudulently availed. The Tribunal found invoice comparison errors by the lower authority but confirmed that input and output invoices related to different months and that the respondent produced only invoices without proof of payment or service tax remittance; under Rule 4(7) Cenvat Credit Rules, credit required proof of payment and tax liability. Fictitious suppliers and proxy personnel established fraudulent issuance of invoices and thus nullified the credit (fraud vitiates). Consequence: demand of Rs. 20,07,497 reinstated, impugned order set aside and appeal allowed. - CESTAT
Dominant issue: whether CENVAT credit was fraudulently availed. The Tribunal found invoice comparison errors by the lower authority but confirmed that input and output invoices related to different months and that the respondent produced only invoices without proof of payment or service tax remittance; under Rule 4(7) Cenvat Credit Rules, credit required proof of payment and tax liability. Fictitious suppliers and proxy personnel established fraudulent issuance of invoices and thus nullified the credit (fraud vitiates). Consequence: demand of Rs. 20,07,497 reinstated, impugned order set aside and appeal allowed. - CESTAT
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