Pre-trial bail granted where custodial period, documentary prosecution, and magistrate-triable offence favor release subject to surety and no witness ...
Allowability of Salary Exemptions: Form 16 entries can substantiate HRA and other salary exemptions, and home loan interest is deductible for a self-o...
Capital gains exemption: payment for plot, architect fees and bona fide commencement of construction can satisfy utilisation requirement and secure re...
Savings clause in the GST regime permits initiation and...
Electricity consumptionbased clandestine production estimates under the repealed Central Excise Act found insufficient; demand quashed and appeals allowed
Contents
Summary
Note
Bookmark
Share
✓ Copied successfully !
Print
Print Options
For full text, please login
Login to TaxTMI
Verification Pending
The Email Id has not been verified. Click on the link we have sent on
Savings clause in the GST regime permits initiation and continuation of proceedings under the repealed Central Excise Act; therefore proceedings instituted postappointed day remain valid. Estimation of clandestine production and removal solely from electricity consumption is legally insufficient without additional corroborative factors; consequently calculations based only on consumption cannot sustain a duty, interest or penalty demand. Reliance on precedents where courts rejected electricitybased production estimates supports quashing such demands. The impugned demand based exclusively on electricityconsumption metrics was set aside and the appeals allowed.
Savings clause in the GST regime permits initiation and continuation of proceedings under the repealed Central Excise Act; therefore proceedings instituted postappointed day remain valid. Estimation of clandestine production and removal solely from electricity consumption is legally insufficient without additional corroborative factors; consequently calculations based only on consumption cannot sustain a duty, interest or penalty demand. Reliance on precedents where courts rejected electricitybased production estimates supports quashing such demands. The impugned demand based exclusively on electricityconsumption metrics was set aside and the appeals allowed.
Note: It is a system-generated summary and is for quick reference only.