Leaf No : 17
Month : August
Year : 2011
editor’s desk

Greetings from Team SA!

He is all around! In media, posters, websites, blogs, facebook, twitter and hearts of millions of Indians. He is the new national icon. He is Anna Hazare! We all saw the entire nation came out to the streets with infectious excitement to celebrate his Victory only next to the World Cup Win!. Anna Hazare rose to fame not because of stardom, reality shows, business acumen or academic excellence but for a simple fact that he represented and reacted the way a common Indian always wanted to. 

Corruption had become so much a part of daily lives that you have to bear the demon whether you want it or not. Right from normal sepoy to high ranking bureaucrat, a local panchayat president to MPs and MLAs all were reaping the benefits of slowly catching up norm called ‘corruption’. What was brewing inside a common man was not just anger and frustration but a deeply rooted feeling of helplessness which was slowly leading to a feeling of collective cynicism. It was at this point of time that Anna Hazare came as a voice, strong and loud in public to protest against the slow and steady evil of corruption. There is no wonder that it became the single most unifying mass movement in history of India after freedom struggle. Anna indeed was successful in mobilising so far dormant, cynical and apathetic middle class to issues of public importance at large. The campaign had brought back Patriotism and feeling of ‘secular India’ at a time when different religions are at logger heads. Union of civil society for a common cause transcended from ‘history’ to present. We could say India is not just incredible but unpredictable too... 

JAI HIND 

 
 
" intaxicated "

“Whenever there is degradation of dharma and growth of adharma, I embody myself for the protection of the good, for the destruction of the wicked, to establish Dharma and I take forth a body in age after age?”?

- Bhagavad Gita IV: 7-8

Gods Must Be Crazy - Part I

 
 

swamy associates salutes team  anna 

 
genie in aladdin’s lamp

# Hon’ble Supreme Court holds credits note issued to buyer after a period of two years from date of transaction as not sufficient document to claim refund ...Click here for copy of the judgement

# Apex Court holds iron and steel structures used captively for installation of sugar factory is not classifiable as ‘capital goods’ ...Click here for copy of the judgement

# Hon’ble Supreme Court holds royalty charges to form part of transaction value on import of pre recorded music CDs ...Click here for copy of the judgement

# Madras High Court holds no antidumping duty shall be applicable on raw materials imported for export under Quality Based Advance License Scheme ...Click here for copy of the judgement

# Hon’ble Supreme Court holds value of SIM cards to be part of service and hence includible in gross value ...Click here for copy of the judgement

# Mumbai High Court upholds levy of service tax on ‘Renting of immovable property service’ ...Click here for copy of the judgement

# ROM on LB decision of BSBK Pvt Ltd dismissed...Click here for copy of the decision

# CESTAT holds refund under Rule 5 of Cenvat Credit Rules, 2004 does not stipulate correlation between inputs and final products exported ...Click here for copy of the decision

# CESTAT holds pre registration credit on inputs permissible ...Click here for copy of the decision

# CESTAT holds credit is eligible on service tax paid on transportation and clearance of waste generated during course of manufacture of final product ...Click here for copy of the decision

# CESTAT holds manufacturer is eligible for service tax paid on repair and maintenance service of windmills situated away from factory ...Click here for copy of the decisions 

 
 
before parting ...         -jk
bribe & prejudice "
 
 
 
latest news

 Legal Metrology Act, 2009 repealing Standard of Weights and Measures Act 1976 to be effective from Aug 1, 2011.....Follow the link http://fcamin.nic.in/LM-Notification09.pdf.

 Litigation limits for filing appeals before CESTAT revised...Click here for copy of Instruction.


 
 As a prelude to GST, the Finance Ministry has released a concept note providing for negative list of services to be outside purview of service tax...Click here for the Concept Note.

 Draft Circular on service tax implications of revenue sharing arrangements between distributors and theatre owners...Click here for copy of Draft Circular.

 Draft Circular published for opinion and comments on service tax refund to exporters through ICES...Click here for copy of Draft Circular.


 # Madras High Court holds water treatment plant used to treat effluent to produce water for dyeing fabrics can be purchased at concessional rate as capital goods although not directly used in manufacture of goods.... Quality Water Management Systems Private Limited vs. State of Tamilandu ...2011 42 VST 308 (Mad).

# Madras High Court holds the production of agreement with the foreign buyer is not necessary for claiming exemption on export sales.... Win Garments vs. Additional CTO 2011 42 VST 330 (Mad).

# Karnataka Highcourt holds ‘artificially created light energy’ for transmitting data is not ‘goods’ so as to subject to VAT...Bharati Airtel Limited vs. State of Karnataka - 2011 TIOL 518 HC KAR ST.

 
circulars & notifications

EXCISE & CUSTOMS

# Rule 4 of Central Excise Rules, 2002 amended regarding liability of Principal or Job worker as the case may be, on production or processing of goods on job work falling under Chapter headings 61 or 62 ...Click here for copy of Notification.

# E-payment to be mandatory for importers paying customs duty of Rupees One lakh or more per transaction ...Click here for copy of Circular.

# Authorised Economic Operator (AEO) programme in Customs notified... Click here for copy of the Circular.

# CBEC Chairman clarifies on self-assessment apprehensions in Customs ... Click here for copy of the Clarification

# DEPB benefit to cotton exports made on or after 01-10-2010 ...Click here for copy of Public notice .

 

 SERVICE TAX

# Electronic filing of Service tax half yearly returns notified ...Click here for copy of Notification.

# International private leased circuit charges incurred by BPOs/MNCs are classifiable under Business support service ...Click here for copy of Circular .

# Delayed Payment charges collected by stock brokers not to form part of gross amount ...Click here for copy of Circular.

# Issuance of Country of Origin Certificate by Chambers of Commerce classifiable under Technical inspection and certification service ...Click here for copy of Circular.


# ITAT Vizag holds Section 801A(4) deductions can be claimed by constituents of a Joint venture who are executing the work and not by JV who is only a dejure contractor ...Click here for copy of the decision

# Highcourt of Calcutta holds supply of food and beverages to international airlines leaving India amounts to export ...Click here for copy of the judgement

 
disclaimer

The views expressed and the information provided in this newsletter are of general nature and is not intended to address the circumstances of any particular individual or entity. Further the above content should neither be regarded as comprehensive nor sufficient for making decisions. Although we endeavor to provide accurate and timely information, there is no assurance or guarantee in this regard. No one should act on the information or views provided in this publication without appropriate professional advice. It should be noted that no assurance is given for any loss arising from any actions taken or to be taken or not taken by anyone based on this publication.


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team sa
s. jaikumar +91 93400 34455
g. natarajan +91 93400 54477
m. karthikeyan +91 93400 66688
a. p. ravi +91 93400 54466
p. dwarakanath +91 93963 31929
k.s. ramesh +91 93420 45442
sindhu mangat +91 93400 11034
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