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- Whether penalty under extended period of limitation can be invoked in subsequent show cause notices, when not invoked in first show cause notice ?
Whether penalty under extended period of limitation can be invoked in subsequent show cause notices, when not invoked in first show cause notice ?
Issue Favourable to Tax Payer ?:- yes
Held - We find that the demand for October 2003 to September 2008 has been, thus, curtailed and the present demand leading to the impugned order relates to the period thereafter till 2012 for which show-cause notice was issued on 15th April 2014. We also find from the impugned order that the adjudicating authority has relied upon the decision of the Hon'ble Supreme Court in Nizam Sugar Factory v. Collector of Central Excise, A.P. [2006 (197) E.....
Issue Favourable to Tax Payer ?:- no
Held - As pointed in Tecumseh Products India Ltd. vs. C.C.E., Hyderabad 28; in Fedders Lloyd Corporation Pvt. Ltd. vs. C.C.E., New Delhi and in Modipon Fibre Company vs. C.CE.. Meerut, apart from the decision of the apex Court in Uniworth Textiles Ltd., the extended period of limitation could not be invoked when there is a bona fide dispute between the parties in regard to issues as to tax liability; where the department was aware of the essen.....
Issue Favourable to Tax Payer ?:- yes
Held - Allegation of suppression of facts against the appellant cannot be sustained. When the first SCN was issued all the relevant facts were in the knowledge of the authorities. Later on, while issuing the second and third show cause notices the same/similar facts could not be taken as suppression of facts on the part of the assessee as these facts were already in the knowledge of the authorities. We agree with the view taken in the aforesai.....
- Whether reimbursement of expenses is leviable to GST?
- Whether input tax credit is admissible if invoice/debit note does not appear in Form GSTR-2A/2B or tax is not paid by supplier ?
- Whether marketing and sales promotion services to customers located outside India is intermediary or export of services ?
- Whether order / show cause notice is valid if passed without pre-show cause notice consultation or GST DRC-01 (summary SCN) or GST DRC-01A (tax intimation notice) ?
- Whether recovery proceedings can be initiated if assessee is willing to file an appeal ?
- Whether input tax credit can be transferred to the transferee entity in case of an inter-state business transfer ?
- Whether interest is payable for the period during which the reply to the deficiency memo remains pending ?
- Whether combined show cause notice can be issued covering multiple financial years ?
- Whether tax can be recovered by Department without prior intimation in Form DRC-01D ?
- Whether a penalty equal to 200% of the tax amount can be demanded in case of detention or seizure of goods ?