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2026 (10) TMI 1473
Case Laws VAT / Sales Tax
Revenue-prejudice requirement limits revision of appellate remand orders; without a recorded adverse revenue impact, revision cannot stand.
Revisional jurisdiction under Section 32(1) of the Andhra Pradesh Value Added Tax Act, 2005 requires a recorded finding that the appellate order is prejudicial to the interests of revenue. An appellate remand for fresh adjudication under the applicable legal position does not, without an identified revenue prejudice, justify revision. A revisional order setting aside such remand without recording that prejudice is unsustainable.

2026 (10) TMI 1474
Case Laws VAT / Sales Tax
First-point taxation keeps petroleum sales within the cess base despite exclusion from the ordinary multi-stage VAT regime.
Schedule II(d) petroleum products are excluded from the ordinary multi-stage VAT mechanism, not from the Tripura Value Added Tax Act, 2004. The proviso to section 3(1)(b) subjects specified goods, including petrol and diesel, to notified first-point tax without input tax credit. Petroleum-product sales turnover, including the sales price and tax levied under the VAT Act, remains within the base for road development cess. The cess regime allows deductions for turnover previously subjected to cess and prohibits a more-than-one-stage levy.

2026 (10) TMI 1475
Case Laws GST
Section 74 Notices Require Fraud Allegations and Foundational Facts; Bare Tax Mismatches Cannot Sustain Extended Recovery Proceedings
Invocation of the extended recovery mechanism for tax short-payment requires a notice to allege fraud, wilful misrepresentation or suppression and disclose foundational facts supporting the assessing authority's satisfaction. Mere tax mismatch or short-payment is insufficient, and mechanical recitation-or complete omission-of those grounds cannot support recourse to that mechanism. A notice lacking those allegations and factual basis is legally invalid, leaving the resulting proceedings without jurisdiction.

2026 (10) TMI 1476
Case Laws Central Excise
MRP-Based Excise Valuation lacked legal support after GST, requiring transaction-value assessment and adjustment of duties.
MRP-based assessment of basic excise duty and National Calamity Contingent Duty under Section 4A lacked legal support from 1 July 2017 to 1 February 2022 because the relevant notification continued to refer to the repealed Central Excise Tariff Act, 1985, without a corresponding post-GST amendment or established continuing operation. Valuation of the excisable goods consequently remained governed by Section 4. Duties and applicable interest are payable on Section 4 valuation, with amounts already paid subject to adjustment. The Section 11AC(1)(a) penalty was set aside.

2026 (10) TMI 1477
Case Laws Central Excise
Rectified goods returned without availing CENVAT credit do not attract duty or penalty under job-work procedures.
Defective goods received under job-work challans under Rule 4(5a) of the CENVAT Credit Rules, 2004 may be rectified and returned without duty liability where no CENVAT credit was availed on the duty paid on their return. In those circumstances, the subsequent return of rectified goods does not attract duty, and no penalty is imposable.

2026 (10) TMI 1478
Case Laws Central Excise
CENVAT credit for steel fabrication inputs remains available when capital goods support dutiable manufacturing within the factory.
CENVAT credit is admissible on duty-paid MS angles, channels, joists, beams and similar steel items where statutory records and technical evidence establish their use in fabricating capital goods, including a DRI kiln and related factory equipment, used to manufacture dutiable final products. Rule 2(k) treats such items as eligible inputs when deployed for fabrication of capital goods within the factory. Item-wise usage records and a Chartered Engineer's certificate support the required nexus between the steel items, machinery fabrication and dutiable production.

2026 (10) TMI 1479
Case Laws Central Excise
Deemed manufacture demand failed after retrospective crane reclassification lacked statutory basis, leaving the original tariff classification undisturbed.
Central excise demand founded on deemed manufacture could not survive because its essential premise-a retrospective reclassification of cranes from Tariff Item 8426 12 00 to Tariff Item 8426 41 00-had failed. Classification under Tariff Item 8426 41 00 was necessary to bring the cranes within Serial No. 100A of the Third Schedule and trigger deemed manufacture for activities involving parts and spares. A show cause notice seeking only a classification change lacked statutory support under Section 11A; the original classification therefore remained undisturbed. The consequential duty, interest and penalty demand was set aside.

2026 (10) TMI 1480
Case Laws Central Excise
Corporate penalty limits prevent Rule 26(2) sanctions against private companies when alleged paper invoices lack reliable evidence.
Penalty under Rule 26(2) of the Central Excise Rules, 2002 is confined to an individual or naturally living person and cannot be imposed on a private limited company as an artificial corporate entity; the corporate penalty was therefore set aside. Allegations that invoices were issued without actual supply require reliable evidentiary support. Where invoices were recorded in returns, payments were received through banking channels, and the principal reliance was on a delayed vehicle owner or driver statement while evidence was absent for several invoices, the alleged paper supplies were not established and could not sustain a penalty.

2026 (10) TMI 1481
Case Laws Central Excise
SVLDR Scheme benefit extends to separately penalised persons when the principal party receives corresponding relief.
SVLDR Scheme benefit available for a principal party's dispute can correspondingly extend to persons separately penalised in the same circumstances, even without independent scheme applications. Comparable Tribunal decisions supported extension of that benefit, and no contrary authority was identified. Separately penalised appellants consequently qualify for corresponding scheme relief and consequential relief.

2026 (10) TMI 1482
Case Laws Central Excise
Extended limitation for interpretative CENVAT credit disputes fails, while normal-period credit requires proof of actual use.
Extended limitation cannot sustain a CENVAT credit demand where eligibility turns on a bona fide interpretative dispute concerning inputs used to fabricate or support capital goods, rather than suppression or deliberate non-disclosure; the extended-period demand is therefore unsustainable. Inputs used in fabrication, repair or maintenance of capital goods, including integral structural supports, may qualify for CENVAT credit. Normal-period entitlement, however, requires reliable evidence of the inputs' actual use, such as adequate documentary material or Chartered Engineer certification. Credit for the normal period remains subject to factual verification where that evidentiary burden is not discharged.

2026 (10) TMI 1483
Case Laws Central Excise
Extended-period limitation requires factual adjudication of a time-bar objection before the demand can be sustained.
Extended-period limitation required factual adjudication because the assessee disputed whether the demand was time-barred. The Tribunal had stated that the extended period applied but had not addressed the limitation objection or resolved the underlying factual dispute from the material on record. No final determination on limitation was made. The Tribunal must examine the available factual record and decide the limitation issue before sustaining the demand on the extended-period basis.

2026 (10) TMI 1484
Case Laws Central Excise
Captive electricity generation supports CENVAT credit where power serves connected manufacturing units and is neither sold nor diverted externally.
CENVAT credit on furnace oil used in a captive power plant remains available where the electricity is exclusively consumed by connected manufacturing units and a jetty forming part of final-product manufacture. Separate registrations and physical distance between units do not defeat eligibility where electricity is neither sold nor diverted outside the manufacturing operations. Inputs may generate intermediate electricity through a job-work arrangement, and non-compliance with prescribed job-work procedure is a procedural irregularity that does not override substantive credit entitlement. As the credit is substantively admissible, penalties for wrongly availed credit are unsustainable.

2026 (10) TMI 1485
Case Laws Service Tax
Fixed facility charges included in gas assessable value are not consideration for taxable tangible-goods supply.
Fixed facility charges recovered with vacuum insulated storage tanks formed part of the transaction value of gas supplies where they were included in the assessable value for central excise duty under binding Board clarification. As the charges were subjected to excise duty as part of the gas value and identical arrangements had been previously determined on that basis, they were not separate consideration for supplying tangible goods for use without transfer of possession and effective control. Consequently, service tax could not be demanded on those charges as a taxable tangible-goods supply service.

2026 (10) TMI 1486
Case Laws Service Tax
Corroborative proof for service-tax demands defeats ledger-based claims involving an unexecuted hotel project and unsupported extended limitation.
Differential service-tax demands founded solely on mismatches between receipt ledgers and ST-3 returns require corroborative evidence that taxable services were actually provided. Receipts connected with a shelved hotel project, where no construction occurred, are not consideration for Commercial or Industrial Construction Service. Extended limitation requires proof of wilful suppression or deliberate intent to evade tax; non-disclosure alone, particularly where records supported the demand and prior notice existed, is insufficient.

2026 (10) TMI 1487
Case Laws Service Tax
Recognised AME training qualifies as an educational qualification, preventing service tax under commercial training and coaching classification.
DGCA-recognised Aircraft Maintenance Engineering training provided by a registered training centre qualified as an educational qualification under the Aircraft Rules, 1937 and was not liable to service tax under commercial training and coaching service. Rule 133B recognised the institute as a registered training centre, while Rule 61 granted candidates completing AME certification a one-year relaxation from prescribed practical-training requirements. This statutory recognition supported exemption from service tax before and after 2012, rendering the demand under commercial training and coaching service unsustainable.

2026 (10) TMI 1488
Case Laws Service Tax
Reimbursed distributor expenses excluded from taxable value left service receipts below the exemption threshold, eliminating service tax liability.
Reimbursements received by a distributor for sales programmes, promotions and training undertaken for the principal, including reimbursements through SIM cards, recharge coupons and e-recharge vouchers, did not form part of taxable value for service tax. Excluding those expenses from receipts reflected in Form 26AS left the distributor's remaining receipts below the prescribed threshold limit. Consequently, no service tax liability or penalty arose.

2026 (10) TMI 1489
Case Laws Service Tax
Composite works contracts involving material transfer fall under Works Contract Service, preventing taxation as Construction of Complex Service.
Construction of a residential group-housing project involving service performance and transfer or deemed transfer of property in materials constitutes a composite works contract, not service simpliciter. Use of goods, VAT payment and returns, and VAT assessment establish the composite character. Revenue bears the burden of showing that the activity falls outside Works Contract Service. From 1 July 2010, such contracts are specifically taxable as Works Contract Service; Construction of Complex Service does not supersede that classification merely because the contract concerns a residential complex. The service-tax demand was therefore dropped in favour of the assessee.

2026 (10) TMI 1490
Case Laws Service Tax
Mistake-of-law service-tax refunds escape limitation, while amended intermediary rules deny refunds for facilitating overseas goods supplies.
Service tax paid under a mistake of law was treated as outside the limitation period applicable to refund claims under Section 11B where entitlement on merits had been accepted; refund for the earlier period was therefore available. From 1 October 2014, facilitation of goods supply fell within intermediary services, for which the place of provision was the service provider's location under the Place of Provision of Services Rules, 2012. Facilitation services supplied to overseas clients consequently did not qualify for refund for the subsequent period. Omission to specifically cite the amended definition in the show-cause notice did not invalidate proceedings where the allegations were clear.

2026 (10) TMI 1491
Case Laws Service Tax
Service-tax interest and delayed-return penalties cannot survive when the underlying tax demand is entirely dropped.
Where the entire service-tax demand in a show-cause notice is dropped after recognising liabilities already determined and discharged, no basis remains for interest under Section 75 of the Finance Act, 1994 or for a penalty for delayed filing of service-tax returns. Interest and penalty cannot survive independently when no underlying tax liability remains under the notice. The interest demand and delayed-return-filing penalty were therefore unsustainable and set aside.

2026 (10) TMI 1492
Case Laws Service Tax
Book-adjustment service-tax payments prevent repeat demands where government-account records establish valid payment for the relevant period.
Service tax paid through the established book-adjustment mechanism is treated as valid payment for the relevant period, preventing a repeat demand. CBIC instructions recognise that legacy book entries may be impracticable to reverse after Government accounts are finalised and prescribe that duty already paid through book adjustment should not be demanded again. Records of service-tax transfer obtained from the Controller General of Accounts provide the evidentiary basis for establishing payment through this mechanism.

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