Classification of imported salvaged shaft pieces as ship parts confirmed, reassessment time-barred and appeal allowed restoring original classificatio...
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...
Statements recorded under section 14 of the Central Excise Act could not support the demand because the adjudicating authority did not comply with section 9D: it relied on employee and director statements without first examining the makers and recording a proper opinion before admitting them in evidence, so the statements were not relevant to prove the alleged facts and the CENVAT credit demand failed. The extended period of limitation was also unavailable because the disputed transactions were already reflected in the assessee's balance sheets and ER-1 returns, and the department did not establish wilful suppression or intent to evade duty. The Tribunal therefore held the demand time-barred to that extent and set aside the order.
Statements recorded under section 14 of the Central Excise Act could not support the demand because the adjudicating authority did not comply with section 9D: it relied on employee and director statements without first examining the makers and recording a proper opinion before admitting them in evidence, so the statements were not relevant to prove the alleged facts and the CENVAT credit demand failed. The extended period of limitation was also unavailable because the disputed transactions were already reflected in the assessee's balance sheets and ER-1 returns, and the department did not establish wilful suppression or intent to evade duty. The Tribunal therefore held the demand time-barred to that extent and set aside the order.
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