The Tribunal held that default under the loan agreement existed independently of the arbitral award challenge. It ruled that absence of a stay on the award allows initiation of insolvency proceedings.
The court denied bail after finding that the applicant’s involvement in the alleged GST fraud could not be ruled out based on investigation records. The ruling highlights that prima facie evidence and seriousness of allegations outweigh claims of false implication at the bail stage.
The Tribunal held that allowing retention of the amount would amount to preferential recovery. It directed refund to the insolvency estate and limited the claim to the admitted amount.
The Tribunal ruled that penalties under relevant provisions were unjustified since the credit was lawfully availed. The decision reinforces that penalties cannot stand without a valid underlying demand.
The tribunal examined whether goods confiscated as prohibited could be cleared domestically after a policy change. It held that beneficial amendments apply retrospectively, allowing home consumption upon payment of duty.
The Tribunal held that CENVAT credit cannot be denied merely for non-submission of challans when supplier certification and evidence of tax payment exist. The ruling clarifies that substantive compliance prevails over procedural lapses.
The tribunal examined whether the quantity of misappropriated inputs could be revised in remand proceedings. It held that unchallenged earlier findings attain finality and cannot be altered. The key takeaway is that remand cannot reopen settled issues without appeal.
The Tribunal held that total business turnover, including non-taxable income, must be considered for exemption eligibility. Since the threshold was exceeded, refund was rightly rejected.
The issue was whether TCS applies to compounding fees collected from illegal mining activities. The court held that Section 206C(1C) applies only where rights are transferred through lease or licence. The key takeaway is that absence of contractual or legal rights excludes TCS liability.
The Tribunal examined whether government grant-in-aid constituted taxable consideration. It held that reimbursement of capital expenditure without service linkage is not liable to service tax.
