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Procedural lapses cannot be ground for denying substantive benefits
Case Law Details
- Case Name
- S.L. Polypack Private Limited Vs Commissioner of CGST & CX (CESTAT Kolkata)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All CESTAT, CESTAT Kolkata
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S.L. Polypack Private Limited Vs Commissioner of CGST & CX (CESTAT Kolkata)
The CESTAT, Kolkata in the matter of M/s. S. L. Polypack Private Limited v. Commissioner of CGST & CX, Howrah Commissionerate [Excise Appeal No.75342 of 2018 dated January 20, 2023] set aside the order denying CENVAT Credit to the assessee and held that, procedural lapses cannot be a ground for denying substantive benefits to the assessee. Further held that, the Show Cause Notice (“SCN”) issued before the passing of such order was barred by limitation.
Facts:
M/s. S. L. Polypack Private Limited (“the Appe...






