Leaf No:    011
Month:  February
Year:  2011


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latest news

#   Excise Law Times ( ELT) and Taxindiaonline (TIOL) were conferred with the WCO Certificate of Merit on the eve of the International Customs Day, for thier meritorious contribution in the field of Customs.

#   Exemption for goods imported in relation to organising International Cricket Council World Cup 2011 

#   Instructions issued for following up on bank realisation certificate for claiming draw back benefits ... Click here for the Instruction


#   Instructions issued to initiate appropriate penal proceedings against Central Excise assesses who default in filing of various returns ...Click here for the Instruction 

#   Report of the Task Force on Transaction Cost in Exports released. The Task Force had recommended that an All Industry Service Tax Rate refund (like All Industry rate of Duty Drawback) be formulated. 



circulars & notifications


#   Customs, Central Excise and Service tax Drawback Rules, 1995 amended ...Click here for Notification

#   Norms for execution of bank guarantee relaxed in respect of Advance Authorisation/Duty Free import authorisation/EPCG ....Click here for Circular

#   List of services entitled for benefit under Served From India Scheme amended..Click for Public notice


genie in aladdin’s lamp
CCE, Visakhapatnam vs M/s Metha & Co (2011-TIOL-17-SC-CX) :  The much debated ‘relevant date’ from ‘date of knowledge’ of Department for issuing show cause notice has been put to rest by the Apex Court. In a far reaching judgment, it has been held that the Department has the powers to issue show cause notice within five years from date of knowledge....Click here for copy of Judgment
P C Paulose & M/s Sparkway Enterprise vs CCE & C (2011-TIOL-06-SC-ST): Collection of entry fee in airport on behalf of Airport Authority of India has been held to be a taxable service... Click here for the Judgement.
M/s SBEC Sugar Limited & Another vs. UOI & Others (2011-TIOL-16-SC-CUS) : Section 15(1)(b) would be applicable only when the goods are cleared from the warehouse under Section 68 of the Act, i.e., within the initially permitted period or during the permitted extended period. It is trite to say that when the goods are cleared from the warehouse after the expiry of the permitted period or its permitted extension, the goods are deemed to have been improperly removed under Section 72(1)(b) of the Act, with the consequence that the rate of duty has to be computed according to the rate applicable on the date of expiry of the permitted period under Section 61 ... Click here for the Judgement.
CCE, Pune I vs Eaton Industries (P) Ltd (2011-TIOL-166-CESTAT-MUM): Relevant date for filing refund of credit in respect of Export of service is date of receipt of payment for services exported and not date of rendering service ... Click here for the CESTAT Order.
Micropure Parenterals Private Limited vs. CCE, Thane I (2011-TIOL-176-CESTAT-MUM)  No excise duty payable on goods manufactured and retained in factory for testing purpose....Click here for the CESTAT Order.
SIFY Technologies Limited vs. CCE & ST, LTU,  (2011-TIOL-123-CESTAT-MAD) Transactions between Associated Enterprise is taxable from 16-05-2008 and not retrospectively ...Click here for the CESTAT Order.


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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editor’s desk -sindhu

Dear Readers,

Greetings from Team SA!

It is February and the medias are busy with ‘discussions’, ‘anticipations’, ’suggestions’ and ‘recommendations’ on Budget 2011-12. For a lay man, the budget is nothing more than a direct mandate as to what he cannot afford. For commerce and industry it is time to pull up thier socks and gear up for another year of lack of clarity on what has been given and aggrieve over what has not been given and for the intelligentia, its a good time pass, debating and dissecting the ‘to be budget over various channels ...

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sa corner

Budget Wishlist   - g. natarajan

Amend the definition of “input service” under Cenvat Credit Rules, 2004, to put an end to the never ending disputes on eligibility of various services. Let all taxable services consumed by a manufacturer of excisable goods and provider of output service be declared as input service, keeping in mind the fundamental mantra of value added tax regime which is being aimed at. Further it is a simple logic that nobody would spend Rs.110 to avail a credit of Rs.10...

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taxationext . . .


“Nothing can stop an idea whose time has come””

-  Victor Marie Hugo

If the First Draft Paper by the Empowered Committee (FDP) is the Holy Bible, the Department of Revenue is the Holy Church, where the Bible is preached! The Department of Revenue (DoR) has given their commentary on the FDP, wherein, they had assented in some, dissented in some and appended to some...         

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before parting ... -jk




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