Suppression of facts has to be "Wilful" for recovery of CENVAT Credit

Last updated: 28 August 2021
Quick Summary
The CESTAT Delhi ruled that for CENVAT credit to be recovered due to suppression of facts, the suppression must be 'wilful'. In this case, M/s. Emaar MGF Land Ltd. successfully appealed against an order demanding recovery of CENVAT credit, interest, and penalty. The tribunal found no evidence that the appellant had wilfully suppressed information from the department regarding service tax payments.

Court :
CESTAT, Delhi

Brief :
In M/s. Emaar MGF Land Ltd. v. Commissioner of Central Excise and CGST, Delhi-South [Service Tax Appeal No. 51379 OF 2017 dated August 11, 2021], M/s. Emaar MGF Land Ltd. ("the Appellant") has filed the current appeal for quashing Order-In-Original No. DLI-SVTAX-001-COM-054-16-17 dated March 31, 2017("OIO") which confirmed recovery of Central Value Added Tax Credit ("CENVAT Credit") along with interest and penalty under Section 73(1) of the Finance Act, 1994 ("the Finance Act").

Citation :
Service Tax Appeal No. 51379 OF 2017 dated August 11, 2021

Daily Limit Reached

You have reached your daily limit of 2 Free Judgements

Subscribe to CCI PRO for unlimited access

Why Upgrade to CCI PRO?
  • No Ads
  • WhatsApp Broadcasts
  • Daily E-Newsletter
  • Unlimited Judgements Access
BEST VALUE
2 YEAR PLAN
3,499
(Inclusive of GST)
1 YEAR PLAN
1,999
(Inclusive of GST)
View all CCI PRO benfits

Already a PRO member? Login here for an ad-free experience.

 

Bimal Jain
Published in GST
Views : 99
Share Report Abuse
Comments


Recent Judgments :

  1. Forest Development Tax Demand, Collection and Refund Subject to Final Outcome of Pending Cases
  2. SC : Extended Limitation Cannot Be Invoked Where Department Was Aware of Valuation Facts
  3. SC : Selling Shares While in Possession of UPSI Constitutes Insider Trading Even if No Profit Is Made
  4. SC : Laser Imagers Compatible with Machines Under Different Tariff Headings Classifiable Under CTH 9033
  5. Education Consultancy Services to Foreign Universities Not Intermediary Services; Refund of IGST on Export of Services Allowed
  6. Penalty Cannot Be Confirmed Beyond What is Specified in Statutory Form GST DRC-01
  7. Non-Supply of Field Visit Report Vitiates Rejection of Revocation Application
  8. Alternative Remedy before GSTAT to be Exhausted Despite Allegation that Adjudication Travelled Beyond SCN
  9. ITAT Jodhpur: AO Allows ₹2.61 Crore Deduction under Sections 54EC and 54F; Assessee's Appeal Dismissed as Infructuous
  10. CESTAT Revokes Suspension of Customs Broker Licence for Non-Compliance with Mandatory 15-Day Hearing Requirement

View More Judgments »


Trending Online Classes

view all classess

CCI Pro
Meet our CAclubindia PRO Members
Pro Member DEEPAK MARAPUREDDYDEEPAK MARAPUREDDYPro Member Soumitra PatraSoumitra PatraPro Member DILIPDILIPPro Member Ashwini ThoratAshwini ThoratPro Member Anoop KKAnoop KK
Subscribe to Pro
Join an elite circle of professionals

Browse by Category