CENEX UPDATE 18.04.2020

CX - CENVAT credit is allowed in respect of bus utilised for ferrying employees to & from factory, as the same is in connection with assessee's business activity: CESTAT CX - Appellant has neither taken CENVAT credit, nor utilized the same but has only issued a Cenvatable invoice to some other company - Rule 15 of CCR, 2004 is not applicable for imposition of penalty: CESTAT ST - Assessee-company cannot be directed to reverse CENVAT credit availed in respect of inputs used in trading activity of sister units - Only that credit which is attributed to trading activity by assessee is to be reversed: CESTAT ST - Penalties u/s 76 & 78 of FA 1994 are not imposable if no suppression of facts with intent to evade payment of duty is attributed to the assessee & if there are conflicting judgments on the issue at hand: CESTAT Cus - Nothing has been brought on record to show that the Customs officers had connived and abetted in the acts of exporter to claim the drawback fraudulently - penalty rightly dropped: CESTAT