Leaf No: 70 Month : January Year : 2016

Greetings from Team SA!

 Union Budget 2016 - 17 to be presented on 29th February 2016.

 Cochin Port Trust and CONCOR have entered into a MOU for the running of weekly container train service from Irugur ICD, Coimbatore to ICTT Vallarpadam, Cochin Port.

 The Union Cabinet has approved the proposal of the Ministry of Power for amendments aimed at achieving the objectives of Ujwal DISCOM Assurance Yojana (UDAY) in the Tariff Policy which includes 24*7 Power for all.

 The Ministry of Shipping has started ‘Project Green Ports' which will help in making the Major Ports across India cleaner and greener.

 The Finance Minister while delivering the speech at the valedictory session of Platinum Jubilee Celebrations of ITAT stated that Government is looking into the recommendations of Parthasarathi Shome committee with a view to simplify tax administration and also said that a committee has also been set up under Justice R V Easwar to simplify the IT Act.

 Government notifies revised standards for Common Effluent Treatment Plants.

 Atulesh Jindal is new CBDT chairman.

 The Union Cabinet has allowed the Ministry of Railways to form Joint Venture Companies with the State Governments to mobilize resources for undertaking various rail infrastructure projects in States.

 JNPT has extended its Direct Port Delivery (DPD) facility to all its Accredited Client Programmer (ACP) clients with immediate effect.

   Export of Goods and Services – Project Exports.

 Settlement of Export/ Import transactions in currencies not having a direct exchange rate.

 Foreign Exchange Management (Acquisition and Transfer of Immovable Property outside India) Regulations, 2015.

 Foreign Exchange Management (Foreign currency accounts by a person resident in India) Regulations, 2015.

 Foreign Exchange Management (Export & Import of Currency) Regulations, 2015.

 Foreign Exchange Management (Realisation, repatriation and surrender of foreign exchange) Regulations, 2015.

 Foreign Exchange Management (Possession and Retention of Foreign Currency) Regulations, 2015.

 Definition of "Currency", 2015.

 Trade Facilitation Measures by DGFT.

 Strict Adherence to the Notification no.114 dated 12th March 2015 specifying number of mandatory documents required for Export and Import.

 Closure of Advance Authorisation licences as per para 4.16(a) of FTP 2009 -14, pending for want of payment to be received from Foreign currency account of SEZ unit.

 Clarification regarding Minimum Import Price (MIP) on Iron & Steel.

 Instruction on applications for IEC / modification in IEC.

 Procedure for processing pending applications in RA for issuance and transferability of DFIAs.

 Agencies as listed in the Appendix 2G of A&ANF of FTP 2015-20 are valid up till 31st May 2016.

 Applicants can, with immediate effect, submit online application for IEC by uploading only 2 documents, besides their digital photograph.

 Two Pre-Shipment Inspection Agencies (PSIA) are added in Appendix 2G at Sl. No.36 & 37 upto 31st May 2016.

 SCOMET Export permission for 'Stock & Sale' purposes and for export of spare parts.

 Export of Roasted Gram in consumer packs of 1 Kg has been permitted.

 Import of Natural Rubber of all varieties/forms covered under EXIM Code 4001 is allowed only through sea ports of Chennai and Nhava Sheva.

 Facility for import of Natural Rubber under Advance Authorisations issued or revalidated on or after 21.01.2016 will not available up to 31.03.2016.

 Import of Capital Goods is not permitted under EPCG Scheme for generation/transmission of power. It further clarifies the provision.

 Import of Euro – III compliant motorcycle shall be allowed to be imported only till 31/03/2017.

 Minimum Import Price (MIP) is introduced against 173 HS Codes.

 Report of the High Level Committee; recommendation regarding valuation of flats for levy of Service Tax.

 Show Cause Notices issued in relation to levy of CVD on vessels imported for breaking, transferred to "Call Book".

 Refund of Excise duty on purchase of cars by physically handicapped persons.

 D.O. Letter regarding withdrawal of appeals before HC / CESTAT.

 Circular on clearance of Livestock and Livestock products.

 Extending the Indian Customs Single Window to other locations and other Participating Government Agencies.

 Procedure for renewal of SVB orders and ongoing SVB inquiries under Circular No. 11/2001 - Cus dated 23rd February 2001.

 Procedure for investigation of related party import cases and other cases by the Special Valuation Branches.

 Amendments effective 11.2.2016 to the All Industry Rates of Duty Drawback.

 Practice of issuance of Procurement Certificate (P.C) on obtaining countersignature of Jurisdictional AC/DC.

 Process of extension of re-warehousing period of Bonded capital goods.

 Entry numbers 473 and 474 in the table to Notification No. 12/2012 - Cus substituted.

 Notification No.21/2012-Customs dated 17.03.2012 amended.

 Exemption to the goods described in Schedule I annexed to the notification, when imported into India for display or use at an event specified in Schedule II.

 Tariff Notification in respect of Fixation of Tariff Value of Edible Oil, Brass, Poppy Seed, Areca Nut, Gold and Silver.

 Rate of exchange of conversion of the foreign currency with effect from 22nd January, 2016.

 Notification No. 41/2012- ST, dated the 29th June, 2012 amended.

 Notification No. 12/2013- ST, dated the 1st July, 2013 amended.

 Notification No. 39/2012- ST, dated the 20th June, 2012 amended.

 Notifications No.56/2002-CE & No.57/2002-CE both dated 14.11.2002 amended so as to insert a sunset clause of 31.03.2016.

 CENVAT Credit Rules, 2004 amended w.e.f 1.3.2015.

 CENVAT Credit Rules, 2004 amended.

 Section 11C notification isssued on Di - Calcium Phosphate (animal feed grade) of rock phosphate origin.

 Denial of Input Tax Credit to the Manufacturer treating the manufactured goods as “Exempted Goods” is improper - Commercial Tax Officer Vs A Infrastructure Ltd 2016 87 VST 190 (SC).

 Entries pertaining to Chemical Fertilisers and Chemical Fertiliser Mixtures distinct - Turnover Tax exemption - Notification exempting turnover tax on second and subsequent sales of chemical fertilizers cannot be extended to chemical fertilizer mixtures - State of Karnataka Vs Deccan Sales Corporation 2016 87 VST 265 (Karn).

 Registered dealers of Cars manufactured by P, Mumbai having registered office at Cuttack, and branch office at Mumbai. Customers at cuttack placing orders at Branch Mumbai, after purchasing cars from P, Mumbai, sending them to Cuttack, which after preparation of documents handed over to customers - Transactions are interstate sales - Kalinga Auto Centre Pvt Ltd Vs State of Odisha 87 VST 285 (Orissa).

 Dealers appealing against orders of assessment after paying 12.5% disputed tax - Garnishee Notice for recovery of 100 % of disputed tax - Garnishee order issued on Bank irresponsible and negligent. Dealers at liberty to seek damages - Schwing Stetter India Private Limited Vs CTO, Jubilee Hills Circle, Hyderabad 2016 87 VST 300 (T & AP).

 Concessional Rate of Tax - Recognition Certificate - Goods required in manufacture of final product includes not only raw material but also other classes of goods including fuels which includes Diesel Oil - Shree Bhawani Paper Mills Ltd., Vs State of U.P and another 2016 87 VST 393 (All).

 Export of at least 25% of production to markets outside India compulsory for EOU - Kapurthala Beltings Vs State of Punjab and others 87 VST 433 (P&H).

 Physician samples sold to distributors are assessable under Section 4 (1) (a) of the Central Excise Act and not under Rule 6 (b) (ii) of the Central Excise Valuation Rules as found by Revenue - CCE Vs. Sun Pharmaceuticals Inds Ltd 2016-TIOL-10-SC-CX.

 Deposits collected by manufacturer for booking motorcycle from customers does not constitute ‘additional consideration’ for paying excise duty as such deposits had no effect of lowering the sale prices of the motorcycles - CCE Vs. Hero Honda Motors Ltd 2016 -TIOL - 01 - SC - CX.

 Sale price agreed between two competing parties may get depressed, when huge advances are periodically extended and given with the objective that the sale price paid would be lowered but there should be a link between the money advanced and it should be established as the basis for depression of sale price - Commr. of C.Ex., Pune Vs Hindustan National Glass & Industries Ltd. – 2016 332 E.L.T 193 S.C.

 Attachment of bank account of assesse without waiting for reply to show cause notice or without affording opportunity of being heard or without issuing notice of recovery is in gross violation of Rule 3 of Service tax Provisional attachment of Property Rules, 2008 read with Circular dated 01.07.2008 - Kunj Power Project Private Ltd Vs UOI - 2016 41 STR 3 (All).

 There is nothing wrong in utilisation of credit of one unit by another under ISD without pro rata distribution during period prior to amendment to concerned rules - CCE Vs. Dashion Limited 2016-TIOL-111-HC-AHM-ST.

 Writ not maintainable for quashing summons for enquiry into activities of assesse - Siri Restaurant and Bar Vs. - CCE 2016 41 STR177 (A.P).

 Service of adjudication order on a member of family is sufficient service - Jyoti Enterprises Vs. CCE 2016 41 STR 19 (All.).

 Simultaneous penalty under Section 76 and 78 cannot be imposed for the period prior to the amendment of Section 78 with effect from 16.05.2008 - Raval Trading Company Vs.CST - 2016-TIOL-112-HC-AHM-ST.

 Mandatory pre-deposit not applicable for appeals re- filed after rectification when original appeal was filed prior to date of coming to effect of amended provision regarding pre deposit - Roshanlal Gupta and Sons Pvt Ltd Vs. UOI - 2016 331 ELT 239 (Guj.).

 Writ is maintainable against adjudication order inspite of alternate remedy when the very authority to issue show cause notice and further proceedings pursuant thereto has been questioned - Spectra Fashions Vs. UOI - 2016 331 ELT 242 Cal.

 Interest is payable on delayed payment of duty due to price escalation clause when assesse had not filed declaration under Rule 7 (1) for provisional assessment without which the assessment would not be deemed as provisional - CCE Vs. Pre Stressed Udyog India Pvt Ltd 2016 331 ELT 539 (Jhar.)

 Assessee opting for settlement and accepting duty liability cannot challenge penalties on merits as penalty on merits has to be first adjudged in adjudication - CCE Vs. Vedanta Aluminium Ltd - 2016 331 ELT 550 (Cal.).

 Challenge to vires of Notification Nos.34/2015-CE and 37/2015-CE on ground of same being discriminatory set aside - HLG Trading Vs. Union of India 2016 331 ELT 561 (Mad.).

 High Court quashes order of adjudicating authority setting off refund due to assesee against duties under another order where issue is pending in appeal - Larsen and Toubro Ltd Vs. UOI - 2016 331 ELT 353 (Bom.).

 Highcourt remands issue involving formula for calculating trading turnover under Rule 6 (3A) for the period prior to 01.04.2011 to CESTAT - Mercedes Benz India Pvt Ltd Vs. CCE - 2016-TIOL-105-HC-MUM-CX.

 Decision of Board of approval fixing norm of 2% for EOU as maximum permissible limit of sale of rejects/scraps/waste/ remnants in a domestic market has been struck down as arbitrary especially when a higher limit has been prescribed for preceding years by development commissioner - Jain Grani Marmo Pvt Ltd Vs. UOI - 2016-TIOL-03-HC-RAJ-CUS.

 Drawback claim cannot be kept pending indefinitely for reason that assessee had indulged in misdeclaration of same type of goods during later period - JSR International Vs. UOI - 2016-TIOL-25-HC-AHM-CUS.

 Time limit of 12 months prescribed for review under Rule 23(2) of Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995) is subject to extension under Rule 17 (1) - Fairdeal Polychem LLP Vs. UOI - 2016-TIOL-46-HC-DEL-CUS.

 

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