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Excise / VAT / CST

Central Excise – Cestat Ahmadabad: Penalty is not imposable as Cenvat credit was reversed with interest without utilization.

Central Excise – Cestat Ahmadabad: Cenvat Credit fraudulent availed merely on the strength of invoices without physical receipts of the goods shall attract penalty under Rule 26 of Central Excise Rule 2002.

Central Excise – Cestat Ahmedabad: Availment of Cenvat credit on the strength of photocopies of invoices is just a procedural lapse and cannot be made the basis to disallow the credit – Order denying credit is set aside.

Central Excise – Cestat Ahmedabad: Goods were supplied along with the invoices, there is no fraudulent passing of CENVAT Credit – Penalty set aside.

Central Excise – Cestat Ahmadabad: Warehoused raw materials even though were not used in manufacture by 100% EOU but were intended to be used for manufacturing purposes, hence interest payable only after expiry of 3 year...

Central Excise – Cestat New Delhi: No Cenvat reversal required on selling of electricity generated out of waste – Impugned Order set aside.

Excise – Cestat Ahmedabad- As refund of deposit was sanctioned within three months from the date of application - Not entitled for interest.

Excise – Cestat Ahmedabad: As per the statutory mandate of Section 11BB of the Act the department is under legal obligation to sanction the refund claim along with interest after the expiry of 3 months from the date of f...

Central Excise – Cestat Ahmedabad – Personal penalty of 5 Lacs cannot be imposed on the Chairman and MD of the company who is not looking after the accountal of the goods manufactured – only token penalty can be levied –...

Central Excise – Cestat Ahmedabad: Revenue cannot appropriate demand towards penalty and interest from the sanctioned rebate claim when the demand case is pending before the tribunal – Impugned Order is liable to set asi...

Central Excise –Cestat New Delhi-Adjustment cannot be exercised for demand of tax/interest/penalty from the refundable amount.

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