Contractual tolerance requires consideration; breach recoveries, qualifying public infrastructure services and road works escape service tax liability...
Personal hearing requirements in GST adjudication were satisfied by prior opportunities and written submissions; appellate limitation received writ-pe...
Rule 26 of the Central Excise Rules, 2002 applies to a body corporate because the term "person" is not confined to natural persons; the Tribunal relied on the General Clauses Act and broader statutory context to reject the argument that a company cannot be penalised. Penalty was also sustainable because the goods were liable to confiscation, and actual confiscation was not required where the appellant knew or had reason to believe that undervaluation and duty short-payment had occurred. On the facts already concluded in the common adjudication order, the Tribunal upheld the penalty and dismissed the appeal.
Rule 26 of the Central Excise Rules, 2002 applies to a body corporate because the term "person" is not confined to natural persons; the Tribunal relied on the General Clauses Act and broader statutory context to reject the argument that a company cannot be penalised. Penalty was also sustainable because the goods were liable to confiscation, and actual confiscation was not required where the appellant knew or had reason to believe that undervaluation and duty short-payment had occurred. On the facts already concluded in the common adjudication order, the Tribunal upheld the penalty and dismissed the appeal.
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