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

Last updated: 28 August 2021

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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

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1 Year PLAN

1999

(Excl. of GST ₹359)

2 Years PLAN

3499

(Excl. of GST ₹629)

BEST VALUE

3 Years PLAN

4999

(Excl. of GST ₹899)

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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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