SIGN IN SUBSCRIBE

News Update

Bengaluru Customs nabs 4 pax with gold powder worth Rs 1.96 CroreKejriwal’s assistant put in police custody for 5 days in Swati Maliwal caseAllahabad HC upholds decision to dismiss judicial officer demanding dowryNawaz Sharif alleges former Chief Justice plotted to oust him as PM in 2017Heavy downpours claim 50 lives in Central AfghanistanSoaring funeral costs compelling people to let go bodies unclaimed in Canada9 pilgrims burnt to death as bus catches fire near Nuh in HaryanaSpain denies dock permission to Indian ship carrying arms to Israel12 Unicorns, over 125 startups commit to onboarding ONDCBEML secures Rs 250 crore order from Northern Coal FieldsBharat Parv celebration takes centerstage at Cannes Film FestivalSteel industry should work towards reducing emissions: Steel SecretaryI-T - Additions framed on account of unexplained cash credit & unexplained money, are not tenable where cash deposits & withdrawals were of personal funds & were done through banking channels: ITATUS says not too many vibrant democracies in the world than IndiaI-T - Benefit of section 11(2) can not be denied merely on reasoning that form 10 is filed belatedly: ITATSwati Maliwal case takes new turn with Kejriwal’s assistant Bibhav Kumar filing FIR against herI-T- Unexplained money - Additions sustained as assessee unable to provide proper explanation for amount withdrawn & subsequently deposited into same bank account: ITATIndia says Chabahar Port to benefit Central Asia and AfghanistanRussia seizes Italy’s UniCredit assets worth USD 463 mnCus - Order re-determining transaction value based on CRCL test report is not correct & hence unsustainable: CESTATPutin says NO to Macron’s call for ceasefire in Ukraine during OlympicsCus - If price is not sole consideration for sale, then transaction value can be rejected under Rule 8 of Export Valuation Rules & then must be redetermined sequentially through Rules 4 to 6: CESTATSC upholds ICAI rules capping number of audits per year
 
CX - CENVAT - Improper dimension of goods mentioned in invoices - no malafide intention can be attributed but this does not mean that penalty needs to be set aside - Penalty u/r 26 of CER, 2002 reduced: CESTAT

By TIOL News Service

MUMBAI, MAY 25, 2016: A penalty of Rs.1,00,000/- imposed u/r 26 of CER, 2002 was upheld by the lower appellate authority and against this order the appellant is before the CESTAT.

It is the case of the department that the appellant had issued "only” the invoices for availment of CENVAT credit by M/s. Cethar Vessels Pvt. Ltd.

Incidentally, the main noticeesettled their case by paying the excise duty and other penalties as well as the interest.

It is, therefore, submitted by the appellant that they being a co-noticee should be exonerated from payment of any penalty. The appellant relies on the amendment made in rule 26 of the CER, 2002 by the Union Budget, 2016 [ 8/2016-CE(NT) refers] wherein it is provided that penal proceedings against co-noticee shall be deemed to be concluded.

The Bench observed -

"6.1 On perusal of the records, I find that the adjudicating authority has imposed penalty of Rs. 1,00,000/- on the appellant. The lower authorities have come to a conclusion that appellant have not mentioned any dimensions of goods supplied hence there was malafide intentions. I find that there may be no malafide intentions but may be due to some genuine reason on the part of the appellant, improper dimensions may have been mentioned on the invoices. This would not mean that the penalty needs to be set aside as there is contravention of rules. While upholding the penalty on the appellant I reduce the penalty from Rs. 1,00,000/- to Rs. 50,000/- and dispose of the appeal as indicated herein above."
 

(See 2016-TIOL-1237-CESTAT-MUM)


POST YOUR COMMENTS
   

TIOL Tube Latest

TIOL Tube
Shri N K Singh, recipient of TIOL FISCAL HERITAGE AWARD 2023, delivering his acceptance speech at Fiscal Awards event held on April 6, 2024 at Taj Mahal Hotel, New Delhi.

TOP NEWS

AR not Afar by SK Rahman

VISION 360



Shri Ram Nath Kovind, Hon'ble 14th President of India, addressing the gathering at TIOL Special Awards event.

TII LATEST

TIOLCORPLAWS LATEST