Scope of intermediary status for data hosting services: tribunal finds provider not intermediary, services exported and not taxable, limited remand on...
CENVAT credit availability after omission of Rule 12B in textiles confirmed; late addendum to SCN introducing new grounds held time-barred and invalid...
Export of Wheat Flour and related products subject to online allocation, eligibility criteria, non-transferable six-month authorisations and reporting...
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Electricity consumptionbased clandestine production estimates under the repealed Central Excise Act found insufficient; demand quashed and appeals allowed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Savings clause in the GST regime permits initiation and continuation of proceedings under the repealed Central Excise Act; therefore proceedings instituted postappointed day remain valid.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Savings clause in the GST regime permits initiation and continuation of proceedings under the repealed Central Excise Act; therefore proceedings instituted postappointed day remain valid.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.