CENEX UPDATE – 12.06.2020

CX - Proceedings initiated on charges of clearing goods without issuing invoice are not sustainable, where based solely on third party evidence & if SCN is issued after 4-year gap: CESTAT

ST - Based on audit objection, appellant paid tax with interest - SCN issued after more than year - s.73(3) of FA, 1994 applies - no SCN should have been issued for penalty: CESTAT

Cus - Provisions of s.27 do not contemplate returning of refund claims - If at all the application is defective, it would only be an irregularity not illegality – interest payable from date of filing refund application: HC