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Proper-officer jurisdiction under UPGST penalty provisions upheld; participation on merits prevents bypassing the statutory appellate remedy through w...
Transitioned CENVAT credit may validly satisfy mandatory pre-deposit requirements for legacy service tax appeals through Electronic Credit Ledger debi...
Building-plan sanction charges require statutory authority; unauthorised fees and GST were quashed, while labour cess must follow prescribed collectio...
Pure-agent exclusion fails where hotel booking facilitators receive third-party services themselves, making entire customer consideration taxable as r...
Transfer pricing requires evidence for AMP transactions, functionally reliable comparables, and appropriate aggregation or Berry Ratio benchmarking me...
Panchnamas drawn during search were held unreliable because the panch witnesses were not shown to be local inhabitants, no reason was recorded for using distant witnesses, and they were not examined or made available for cross-examination. Statements recorded under section 14 were also treated as inadmissible because the mandatory procedure under section 9D was not followed before relying on them in adjudication. Once the panchnamas, statements and diary were excluded, there was no sufficient evidence to prove that the appellant was the manufacturer of the alleged clandestinely produced pan masala and gutkha or liable for duty, interest, penalty or confiscation. The demand for the later period failed, and the department's appeal for the earlier period was also dismissed.
Panchnamas drawn during search were held unreliable because the panch witnesses were not shown to be local inhabitants, no reason was recorded for using distant witnesses, and they were not examined or made available for cross-examination. Statements recorded under section 14 were also treated as inadmissible because the mandatory procedure under section 9D was not followed before relying on them in adjudication. Once the panchnamas, statements and diary were excluded, there was no sufficient evidence to prove that the appellant was the manufacturer of the alleged clandestinely produced pan masala and gutkha or liable for duty, interest, penalty or confiscation. The demand for the later period failed, and the department's appeal for the earlier period was also dismissed.
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