The appellants' contention that pool lifting charges do not add ...

Tribunal Partly Allows Appeals: No Penalties Without Intent, Limits Demand to Normal Period, Confirms Interest on Duties.

July 11, 2024

Case Laws Central Excise AT

The appellants' contention that pool lifting charges do not add value to the marketability of vehicles is unacceptable. The Tribunal's decision in Victory Electricals Ltd. case established that the resultant price after deducting liquidated damages or penalties from the agreed price constitutes the "transaction value" liable for excise duty. Regarding the extended period of limitation and penalty, various show cause notices were issued based on the same financial records. If the department overlooked certain issues earlier, the appellants cannot be blamed, and the extended period cannot be invoked. Imposing penalty without "mens rea" in transaction matters is against settled legal principles. Therefore, the demand is restricted to the normal period, penalty set aside, but interest on confirmed duty for the normal period is payable. The appeals are partly allowed.

View Source

← Previous Next →

The appellants' contention that pool lifting charges do not add ...

Tribunal Partly Allows Appeals: No Penalties Without Intent, Limits Demand to Normal Period, Confirms Interest on Duties.

July 11, 2024

Case Laws Central Excise AT

You may also like:

Sugar syrup having 78.2% sugar content emerged as an intermediary product during biscuit manufacturing, an exempted final product. CESTAT held sugar syrup was marketable...

Demand beyond normal period of limitation - Whether waiver of penalty u/s 80 would mean that no demand can be confirmed beyond the normal period of limitation - stay...

The High Court quashed penalty u/s E-Way Bill violation, classifying goods as ODC due to speed without intent to evade tax. Relying on precedent, mens rea is essential...

Gross violation of CBEC instructions and the precedential value of CESTAT decisions. The Revenue filed an appeal before the first Appellate Authority without specifying...

Confiscation of imported liquor cases, imposition of penalties, and demand of duty. The Tribunal held that there was no intentional misdeclaration or fraudulent intent...

The Appellate Tribunal considered the maintainability of an appeal based on the monetary limit involved and the assessment made by the department. The Tribunal noted...

The High Court held that the circular setting monetary limits for filing appeals before tribunals and courts would not apply in cases involving smuggling where orders...

Valuation - C&F Agency services - reimbursement of the expenditure - demand restricted to normal period - penalty waived - AT

The CESTAT Chandigarh addressed the maintainability of appeals below the monetary threshold limit set by CBIC circulars. The tribunal emphasized the binding nature of...

Levy of penalties under various sections - The Appellate Tribunal, in a consolidated order, addressed several appeals concerning penalties imposed under various sections...

Section 253 of the Income Tax Act governs appeals to the Income Tax Appellate Tribunal (ITAT) against orders passed by tax authorities. The proposed amendment aims to...

CESTAT partly allowed appeal concerning duty demands on DTA sales by SEZ unit. Court held Commissioner of Customs has jurisdiction to demand duty on unauthorized DTA...

The case involved the scope of limited scrutiny and the validity of a notice u/s 143(2) of the Income Tax Act. The assessee's case was selected for limited scrutiny to...

Delayed adjudication of show cause notice without reasonable cause - Delay in finalizing assessments and issuing demand - Classification of goods under appropriate...

GST, a success of vast proportions, decreased tax incidence on common man, reduced compliance burden and logistics cost for trade and industry. Amendments facilitated...

Quick Updates: