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    <title>Partly allowed appeal: Rule 6(1) exclusion upheld; tax and service tax confirmed; penalties ss.77,78 set aside, s.80 not applied</title>
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    <description>CESTAT partly allowed the appeal. The tribunal affirmed that Rs.3,73,977 was correctly excluded from assessment under Rule 6(1) of the Central Excise Rules, but upheld a tax demand of Rs.10,75,681 for the post-POTR period and confirmed an additional service-tax liability of Rs.14,84,423 for lack of verifiable CENVAT reversal, all recoverable with interest. Invocation of the extended period was rejected for lack of willful suppression; the demand falls within the normal limitation period. Penalties under ss.77 and 78, FA 1994, were set aside on merits; consequently no waiver under s.80 was necessary. The appeal was therefore partly allowed.</description>
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    <pubDate>Tue, 04 Nov 2025 08:03:32 +0530</pubDate>
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      <title>Partly allowed appeal: Rule 6(1) exclusion upheld; tax and service tax confirmed; penalties ss.77,78 set aside, s.80 not applied</title>
      <link>https://www.taxtmi.com/highlights?id=93870</link>
      <description>CESTAT partly allowed the appeal. The tribunal affirmed that Rs.3,73,977 was correctly excluded from assessment under Rule 6(1) of the Central Excise Rules, but upheld a tax demand of Rs.10,75,681 for the post-POTR period and confirmed an additional service-tax liability of Rs.14,84,423 for lack of verifiable CENVAT reversal, all recoverable with interest. Invocation of the extended period was rejected for lack of willful suppression; the demand falls within the normal limitation period. Penalties under ss.77 and 78, FA 1994, were set aside on merits; consequently no waiver under s.80 was necessary. The appeal was therefore partly allowed.</description>
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      <pubDate>Tue, 04 Nov 2025 08:03:32 +0530</pubDate>
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