Topic

Extended Period Limitation

4 articlesLatest August 2026
Credit on inputs from units exempt under Notification 01/2010-CE cannot be denied before Rule 12 amendment; extended limitation not available | CENVAT credit eligibility : CESTAT Chandigarh
Case Law Analysis
|Custom, Excise & Service Tax Tribunal

Credit on inputs from units exempt under Notification 01/2010-CE cannot be denied before Rule 12 amendment; extended limitation not available | CENVAT credit eligibility : CESTAT Chandigarh

CESTAT ruled that manufacturers can claim CENVAT credit on duty-paid inputs sourced from units exempt under Notification 01/2010-CE, even for periods before the Rule 12 amendment. The tribunal also rejected the revenue's attempt to invoke an extended limitation period, safeguarding businesses from retroactive credit denial.

Section 73(1) Finance Act 1994 | Extended Period for Service Tax Demand Invalid Without Proof of Wilful Suppression: CESTAT Chennai
Case Law Analysis
|Custom, Excise & Service Tax Tribunal

Section 73(1) Finance Act 1994 | Extended Period for Service Tax Demand Invalid Without Proof of Wilful Suppression: CESTAT Chennai

CESTAT Chennai rules that the extended period under Section 73(1) of the Finance Act 1994 for service tax demands cannot be invoked without concrete evidence of wilful suppression, fraud, or intent to evade tax. The ruling sets a precedent that mere non-filing or interpretational disputes do not justify extended limitation periods, impacting taxpayers facing retrospective demands.

Service Tax RCM | Royalty Withheld by State for Mineral Procurement Under Form M/N Not Taxable: CESTAT Kolkata
Case Law Analysis
|Custom, Excise & Service Tax Tribunal

Service Tax RCM | Royalty Withheld by State for Mineral Procurement Under Form M/N Not Taxable: CESTAT Kolkata

CESTAT Kolkata rules that royalty deductions made by state authorities from contractors under Form M/N for mineral procurement do not trigger reverse charge liability under service tax law. This shields works contract sub-contractors from retrospective tax demands based solely on balance sheet entries, setting a critical precedent for mining and infrastructure contractors nationwide.

Section 112(a) Customs Act | Consistent Past Classification Acceptance Bars Extended Period Duty Demand: CESTAT Chennai
Case Law Analysis
|Custom, Excise & Service Tax Tribunal

Section 112(a) Customs Act | Consistent Past Classification Acceptance Bars Extended Period Duty Demand: CESTAT Chennai

CESTAT Chennai rules that when customs authorities have consistently accepted a tariff classification over years, the department cannot later allege suppression to extend the limitation period for duty demand. This protects importers and logistics firms from retrospective penalties when classifications were openly and repeatedly approved, reinforcing legal certainty in trade compliance.