CBEC clarifies on SCN issuance & proceedings conclusion as per amended penal provisions in Service Tax and Central Excise
Court :
Supreme Court
Brief :
Even though the Board has attempted to reduce the litigation by issuing clarification as to waiver of issuance of SCN and/ or conclusion of proceedings, however the moot question still remains as to when a case should be categorised by the Department as a Non-fraud case. The Department follows stereotype practice in most cases of always alleging fraud, suppression etc., while alleging demand on assessees. Then, under what circumstances, can an assessee avail the benefit of no penalty on payment of tax along with interest, either within 30 days of issuance of SCN under Section 76 of the Finance Act or before issuance of SCN in terms of Section 73(3) thereof.
Citation :
Commissioner of Customs, Mumbai Vs. Virgo Steels [2002(141) E.L.T 598 (S. C.)]
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Judgement posted by
Bimal Jain
Service
FCA, FCS LLB with21 Yrs of Experience inTaxation Indirect and Direct: Education Qualification: B.Com (Hons) Chartered Accountants Company Secretary LLB Qualified SAP FI/CO Consultants Professional Membership: Chairmanof Indirect Tax Committee of PHD Chamber of Commerce Member of Indirec ... Read more
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