Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
Company Reversed Wrongfully Availed CENVAT Credit with Interest and Paid Penalty: CESTAT Quashes SCN Invoking Extended Period
The Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has quashed a Show Cause Notice (SCN) invoking the extended period because the company had already reversed wrongfully availed Cenvat Credit with interest and paid penalty. This ruling provides significant relief to the company. The "extended period" allows tax authorities to raise demands beyond the normal limitation period, usually for fraud or suppression. CESTAT found that since the company proactively rectified the error, paid the dues, and penalties, the elements required to invoke the extended period (like suppression with intent to evade) were absent, preventing undue harassment.