Leaf No: 80 Month : Nov - Dec Year : 2016

Greetings from Team SA!

  GST - An Overview

 ITC & Transitions

 Supply & Valuation

 Demand & Recovery 

 Appeal Provisions

 Revised Model GST Law

 IGST Law

 GST Compensation Law

 FAQs in Assamese

 FAQs in Bangla

 FAQs in Kannada

 FAQs in Punjabi

 FAQs in Telugu

 Anti-dumping duty imposed on the imports of Low Ash Metallurgical Coke originating in or exported from Australia and Peoples Republic of China for a period of five years.

 Definitive anti-dumping duty imposed on Axle for Trailers ”originating in, or exported from Peoples Republic of China.

 Safeguard duty imposed on Hot Rolled flat sheets and plates (excluding hot rolled flat products in coil form) of alloy or non-alloy steel having nominal thickness less than or equal to 150mm and nominal width of greater than or equal to 600mm.

 Minimum Import Price (MIP) for 19 HS Codes under Chapter 72 of ITC (HS), 2012 - Schedule-1 (Import Policy) as detailed in the Annex is extended till 4th February, 2017.

 Inclusion of new Regional Office of DGFT at Vijayawada, Andhra Pradesh in Appendix-1 A of Foreign Trade Policy, 2015-20.

 Amendments in Product Description in MEIS Schedule-Table 2 of Appendix 3B.

 Amendments have been made to the format for Quarterly Report for the Working Units and Annual Progress Report for the Working Units [Annexure III and Annexure IV to Appendix -6E] to monitor the domestic procurement made and corresponding duty foregone.

 Kuth Root having ITC-HS Code 12119046 appearing at Sl.No.506 of Appendix 3B of MEIS schedule is deleted.

 Deferred payment of Customs duty.

 Procedure for clearance of import of metal scrap.

 Revised simplified procedure for fixation of brand rates.

 Elimination of printing of documents.

 Abolition of Mate receipt.

 Guidelines for the sale of seized / confiscated gold.

 Outsourcing by an authorized courier.

 Digital mode of payment while making financial transactions - past assessments.

Point of Sale (POS) devices and goods required for its manufacture exempted.

 Central Excise Notification No. 12/2012 amended.

 CVD exemption on gold coins having gold content not below 99.5% withdrawn.

 Import duty on wheat exempt.

 Tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Silver.

 Rate of exchange of conversion.

 Notification No. 128/2004 - Cus ( N.T) rescinded.

 Courier Imports & Exports (Clearance) Amendment Regulations, 2016.

 LTU, Bangalore to have exclusive jurisdiction to OLI on specified circumstances.

 Place of Provision of Services Rules, 2012 amended.

 Notification No. 25/2012-ST dated 20.06.2012 amended.

 Bank not liable to pay purchase tax for accepting EXIM scrips on payment of premium at 20% of face value of scrips in compliance of directions of RBI - Commercial Tax Officer V State Bank of India - 2016 341 ELT 481 S.C.

 SEZ unit selling manufactured goods using components imported and for which antidumping duty applies, is liable to include value of ADD in saleprice for VAT payment during sales effected from SEZ under TN VAT - Flextroncis Technologies India Pvt Ltd V State of Tamilnadu - 2016 341 ELT 522 Mad.

 Sharing of expense on raw material handling and incineration charges between Group Companies does not constitute provision or receipt of service between parties - Gujarat State Fertilizers and Chemicals Ltd V CCE - 2016 - TIOL - 198 - SC - ST.

 Issue whether ‘baggage charges’ collected by airlines are integral part of main service of transportation of passengers by air and not liable under Transportation of goods by air settled in favour of assessee on Supreme Court - CCE V Jet Airways India Ltd - 2016 - TIOL - 210 - SC - ST.

 Assessee having chosen to contest taxability of service by filing appeal against adjudication order cannot simultaneously contest same by filing suit to declare same activity as exempt from service tax as this would amount to seeking two remedies for same cause of action - State of Rajasthan V UOI - 2016 341 ELT 162 S.C.

 Rule 16 A of Duty Drawback Rules, 1995 which was effective from 06.12.1995 for refund of drawback in case of non realisation of export proceeds is only clarificatory of what is provided under Section 75 of Customs Act and is hence retrospective in nature - Surinder Singh V - UOI - 2016 - TIOL - 189 - SC - CUS.

 Challenge to Regulation 6(1)(1) of the Handling of Cargo in Customs Areas Regulations, 2009 as ultra-vires set aside - Delhi International Airport Pvt Ltd V UOI - 2016 - TIOL - 2732 - HC - DEL - CUS.

 Penalty under Section 116 of Customs Act applies to person in charge of conveyance as well as any agent or any other person acting on behalf of the person in charge of conveyance - Caravel Logistics Pvt Ltd V The Joint Secretary - 2016 - TIOL - 2636 - HC - MAD - CUS.

 High Court directs Department not to use Dr. N.K. Batra report against any noticee for slapping demand on clandestine clearance, unless, the experiment of consumption of electricity is carried out at the factory premises of the very same assessee - Om Shanti Steel and Castings Pvt Ltd V UOI - 2016 - TIOL - 2886 - HC- JHARKHAND - CX.

 Writ Petition maintainable for non payment of interest on refund in case of denial of same inspite of application and repeated request - Swadeshi Polytex Ltd V UOI - 2016 342 ELT 4 All.

 Claim for refund of Terminal Excise Duty against supplies made to EOU during period anterior to Policy circular No.16 dated 15.03.13 is maintainable - Lenovo India Pvt Ltd V UOI - 2016 - TIOL - 2833 -  HC - MAD - CX.

 


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