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…
No Allegation indicating CENVAT Credit Availment w/o Service Tax Payment under RCM: CESTAT relieves Hyundai of Rs. 63 Lakh Penalty
The Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) relieved Hyundai of a ₹63 lakh penalty, ruling that there was no allegation indicating CENVAT credit availment without service tax payment under reverse charge mechanism (RCM). The case involved Hyundai Motor India Ltd., which faced a penalty for allegedly availing CENVAT credit without paying service tax under RCM. The tribunal found that the department failed to provide evidence supporting the allegation. The ruling emphasized that penalties cannot be imposed without concrete evidence of wrongdoing. This decision highlights the importance of thorough investigation and evidence in tax-related cases, providing relief to businesses facing similar allegations.