Leaf No: 73 Month : Apr - May Year : 2016

Greetings from Team SA!

 Finance Bill, 2016 has received the assent of the President on 14th May, 2016.

 Standard Operating Procedures (SOP) on Good Samaritans notified.

 The growth rate forecast as per Asian Development Bank (ADB) is at 7.4% in 2016-17 as against 7.6% during 2015-16.

 250 Aayakar Seva Kendras (ASK) have been set-up throughout the country to function as single window units for redressal of taxpayer grievances in a time - bound manner.

 Government proposes to relax / amend the Employees' Provident Fund Scheme to enable loss-making and sick PSUs to continue to run their own PF Trusts.

 Government has started the process to set up a National Committee on Trade Facilitation (NCTF) in the country to coordinate and implement the World Trade Organisation’s Trade Facilitation Agreement (TFA) aimed at easing customs norms to expedite global trade flows.

 The Food Ministry is considering revoking its order for compulsory export of 3.2 million of sugar and is open to lower import duty in order to keep prices of the commodity under control.

 Parliament passes The Insolvency & Bankruptcy Code, 2016.

 Import Data Processing and Monitoring System (IDPMS).

 Foreign Exchange Management (Remittance of Assets) Regulations, 2016.

 Foreign Exchange Management (Transfer or Issue of Security by a Person
Resident outside India) (Third Amendment) Regulations, 2016
.

 Foreign Exchange Management (Deposit) Regulations, 2016.

 Foreign Exchange Management (Exports of Goods and Services) Regulations, 2015.

 Consolidated Public Notice regarding Procedure for grant of Factory/Warehouse Stuffing Permission to the Exporters.

 Implementation of Single Window and Integrated Declaration of Bill of Entry for imports.

 Creation of Zonal office of Directorate General of Tax Payer Services (DGTS) at Chennai.

 Air Public Notice No.13/2016 Procedure for investigation of SVB of related party import cases and other cases by the Special Valuation Branches.

 Air Public Notice No.12/2016 Procedure of renewal of SVB orders and ongoing SVB inquiries under Circular No.11/2001Cus dated 23.02.2001.

 Specifying the class of goods which shall be deposited in a special warehouse licensed under sub-section (1) of the said section 58A of the Customs Act, 1962.

 Warehoused Goods (Removal) Regulations 1963.

 Warehouse (Custody and Handling of Goods) Regulations, 2016.

 Special Warehouse (Custody and Handling of Goods) Regulations, 2016.

 Public Warehouse Licensing Regulations, 2016.

 Private Warehouse Licensing Regulations, 2016.

 Special Warehouse Licensing Regulations, 2016.

 Benefit of MEIS on exports of Tamarind Kernel Powder under ITC (HS) Code 13023290.

 Grant of relaxation of ILC with Regional Authorities with reference to Notification No. 38 dated 5th Feb. 2016.

 Benefit under Incremental Export Incentivisation Scheme (IEIS) notified.

 ST - 3 returns filing date extended till 29.4.2016.

 Sub - committee of the High level Committee on the issue of imposition of Central Excise duty on articles of jewellery in the Union budget 2016 - 17 constituted.

 Extension of time limit for taking Central Excise registration by a jewellery establishment and payment of central excise duty for the assessee jeweller.

 Withdrawal of Circulars on excisability of bagasse, aluminium / zinc dross.

 Clarification on segregation of impurities viz. iron, steel, rubber, plastic, dust etc. from honey grade brass scrap.

 Relaxation of Know Your Customer (KYC) norms.

 Carriage of coastal cargo from one Indian port to another port in vessels carrying out coastal runs.

 Insistence on documents of registration where not required.

 Re-crediting Bond value in online running bond at destination Air Cargo Complex.

 Amendment to Ch IX of the Customs Act, 1962 - removal of goods from a customs station - instructions regarding affixation of one-time-lock.

 Amendment to Ch IX of the Customs Act, 1962 – Bond required to be filed under section 59 of the Customs Act, 1962.

 D.O letter of Shri S. Kumar, Commissioner of Customs addressed to field formations.

 Simplified procedure for units engaged in Maintenance, Repair and Overhaul of aircrafts notified.

 Routers for MRP assessment notified.

 Infrastructure cess in various export / rebate notifications with reference to the definition of duty notified.

 References to Clean Energy Cess replaced with Clean Environment Cess.

 References to sub-clauses to clause 159 of the Finance Bill, 2016 replaced with sub-sections to section 162 of the Finance Act, 2016 in Notification No. 1/2016 – IC.

 References to sub-clauses to clause 159 of the Finance Bill, 2016 replaced with sub-sections to section 162 of the Finance Act, 2016 in the Notification No. 24/2016.

 Rate of exchange of conversion of the foreign currency with effect from 22.4.16.

 Vessels carrying exclusively coastal goods exempted from the provisions of section 92, section 93, section 94, section 95, section 97 and sub-section (1) of the section 98 of the said Act.

 Provisions of sections 30 and 41 of the said Act shall apply to vessels carrying exclusively coastal goods operating from berths used by vessels carrying imported goods or export goods.

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

 Whether DEPB licences constitute goods within the meaning of Section 2 (21) of TNVAT 2006 and is sufficient to make the dealer entitled to claim ITC on such purchases – M/s SHAH KANTILAL JAYANTILAL V THE STATE OF TAMILNADU - 2016 TIOL 812 HC MAD.

 Invisible loss of yarn in manufacture - ITC is reversible - Uniform percentage is not to be adopted - Asian Fabrix Private Ltd V Principal Secretary, CT, Chepauk, Chennai & Anr - 2016 90 VST 45 (Mad).

 The foundation work which has been considered as part of works contract in a series of activities which is indivisible cannot be excluded from the definition of 'goods' for the purpose of claiming benefit of sales tax levy - Enercon (India) Ltd Vs State of Karnataka - 2016 TIOL 57 SC.

 When DGFT notification does not prescribe any cap on duty credit granted under Incremental Export Incentivisation Scheme, Circular bringing in such a cap is arbitrary and is liable to be struck down - JSW Steel Ltd V UOI - 2016 334 ELT 222 (Bom.)

 High Court declares clause (g) of SSI Notification which provides for treating clearance to Nepal as home clearance unconstitutional in absence of any amendment to the clause after 01.03.2012 from when onwards clearance to Nepal is on par with Clearance for export to other countries - Ketan Pottery Works V UOI - 2016 334 ELT 206 (Guj.)

 Explanation to Section 32-O providing that concealment of particulars would mean concealment of duty liability from central excise officer is clarificatory in nature and would apply to cases where Settlement commission chose not to entertain petition of assesee who had been imposed with penalty during previous periods when explanation was not inserted - CCE V Rohit Ferro Tech Ltd  - 2016 334 ELT 402 Cal.

 When an assessee opts for settlement, he cannot turn back and challenge order of penalty passed in order of settlement as order of penalty cannot be segregated from the whole order which attained finality - CCE V Vedanta Aluminium Ltd - 2016 TIOL 763 HC KOL CX.

 High Court directs Revenue to adjust excise duty amount paid under service tax code towards excise duty liability of the month - TS-189-HC-2016 (GUJ) - EXC.

 Exemption under Notification 108/95 cannot be denied on ground of supply of goods to individual contractors executing projects funded by international organisations - CCE V CESTAT - 2016 TIOL 764 HC MAD CX.

 Credit of duties paid on packing materials can be availed even without actually packing finished product with such packing material - Nilkamal Ltd V CESTAT - 2016 TIOL 861 HC MAD CX.

 Department cannot take advantage of the amendment to Section 11AB with effect from 11.5.2001 in relation to the show cause notices that emanated before said date - Archana Spinners Ltd V Deputy Commissioner of Central Excise - 2016 TIOL 872 HC MAD CX.

 CESTAT orders passed beyond time limit of 6 months as prescribed under CESTAT Order No.4 dated 17.07.2009 is non est - Magma Fincorp Ltd V UOI - 2016 334 ELT 394 (Cal.)

 Date of knowledge of misdeclaration in one bill of entry cannot be a bar in invoking extended period for similar misdeclaration in different bill of entry - Maldhari Sales Corporation V UOI - 2016 334 ELT 418 (Del.)

 Challenge to circular No.151/2/2012 dated 10.2.2012 dealing with liability of landowner in joint venture arrangement dismissed on merits as well as absence of locus standi for recipient of service to challenge circular - N.Bala Bhaskar Vs. UOI - 2016 TIOL 824 HC MAD ST.

 A mere mechanical reproduction of the language of the proviso to Section 73(1) of the Finance Act, 1994 without particulars of facts and circumstance in support of such allegation does not per se justify invocation of the extended period of limitation - Simplex Infrastructures Ltd V CST - 2016 TIOL 779 HC KOL ST.

 Manufacturer is eligible for credit of service tax paid on outdoor catering service prior to 01.04.2011 - CCE Vs Bharat Heavy Electricals - 2016 TIOL 875 HC MAD ST.

 Provider of works contract service not opting for abatement under Rule 2A of Service tax Valuation Rules is eligible for credit on inputs - CCE V Jiwani - 2016 42 STR 209 Bom.

 

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