Change of corporate management after approved resolution plan - writ maintainable; property attachment not 'transfer' under PBPT; Section 32A protecti...
Annuloplasty band classification as implanted therapeutic appliance, not anatomical replacement, resulting in classification under tariff heading for ...
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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