May 11, 2008
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Excise duty liability clarified: enforcement, limited immunity, remand for factual proof, and credit and penalty adjustments.
Excise duty liability was enforced for clandestine removals where duty collected was not deposited, limiting immunity from interest and penalty while granting prosecution immunity upon full payment; reassessments based solely on the grounds framed in a show-cause notice were impermissible if no alternative demand was proposed; failures to issue speaking, reasoned orders breached natural justice. Capital goods credit depends on proof of captive use for mining equipment, with certain accessories allowable and spare parts disallowed; valuation notifications demand clear disclosure and engagement with authorities, affecting limitation and penalties.