Expenses for overseas film shooting treated as services availed outside India, so no reverse charge service tax liability; cenvat reversals and penalt...
Electricity consumptionbased clandestine production estimates under the repealed Central Excise Act found insufficient; demand quashed and appeals all...
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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