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    <title>2021 (7) TMI 402 - PRINCIPAL COMMISSIONER OF CUSTOMS &amp; CENTRAL TAX (APPEALS-I) HYDERABAD</title>
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    <description>A declaration under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 was held not barred merely because search and investigation took place after 30.06.2019, and the later non-payment of the discharge amount did not by itself make the declaration ineligible. The adjudicating authority was also required to verify the company&#039;s CENVAT credit claim on the basis of underlying records, since substantive entitlement could not be denied only for non-filing of returns; the matter was remanded for fresh consideration and recomputation of liability. Penalties on the company&#039;s officers under Section 78A of the Finance Act, 1994 were sustained because service tax had been collected but not remitted and their responsibility and knowledge were established.</description>
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      <description>A declaration under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 was held not barred merely because search and investigation took place after 30.06.2019, and the later non-payment of the discharge amount did not by itself make the declaration ineligible. The adjudicating authority was also required to verify the company&#039;s CENVAT credit claim on the basis of underlying records, since substantive entitlement could not be denied only for non-filing of returns; the matter was remanded for fresh consideration and recomputation of liability. Penalties on the company&#039;s officers under Section 78A of the Finance Act, 1994 were sustained because service tax had been collected but not remitted and their responsibility and knowledge were established.</description>
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