Leaf No: 63 Month : June Year : 2015

Greetings from Team SA!

 FM sets up two high-powered Committees to suggest GST rate and IT preparedness.

 The Union Cabinet gave its approval to introduce a new Bureau of Indian Standards Bill, 2015.

 Union Cabinet gave its approval for launch of “Housing for All by 2022”.

 New Development Bank (NDB), also known as the BRICS Bank, is expected to commence operations and start financing projects by April 2016.

 RBI issues draft norms on rupee-linked bonds overseas.

 The Reserve Bank of India stressed the need for more coordination between financial sector regulators to stop the menace of ponzi schemes.

 Amendments to the Foreign Trade Policy, 2015-2020.

 Entitlement of Status Holders to export freely exportable items on free of cost basis has been limited with immediate effect.

 The minimum price for import of Areca Nuts is enhanced from existing Rs.110/- to Rs.162/- per Kilogram.

 Provision for Import, auction/sale and re-export of rough diamonds in Special Notified Zone (SNZ) is notified.

 Prohibition on import of milk and milk products (including chocolates and chocolate products and candies/ confectionary/ food preparations with milk or milk solids as an ingredient) from China is extended for one more year.

 Export of onions will be subject to a Minimum Export Price (MEP) of US$ 425 F.O.B. per MT.

 Trade in Border Haats across the border of Tripura between India and Bangladesh.

 Amendments to the Handbook of Procedures of FTP 2015-2020.

 Amendments to the Handbook of Procedures of FTP 2015-2020, have been notified, in order to facilitate transitional arrangements of filing of applications and validity of Status Holder Certificate.

 Entitlement of Status Holders to export freely exportable items on FOC basis has been limited with immediate effect.

 Amendment in para 2.55 and 2.56 of Handbook of Procedures of FTP 2015-20.

 Corrigendum to Public Notice No.16 dated 4th June, 2015.

 Format of Bank Guarantee, to be executed with DGFT, for recognition as Pre-Shipment Inspection Agency (PSIA)

 SION for new product ‘Golf Gloves’ made of knitted / Crocheted / Woven / Non - woven fabrics under Textiles Group.

 Supply of a ‘service’ by units located in DTA to SEZ units would be ineligible for rewards under SEIS.

 Clarification regarding clearance of goods after expiry of Nominated Agency Certificate.

 Release of Beta version of online ANF 5A with facility to upload supporting documents (Application for Issuance of EPCG Authorizations).

 Preferential Treatment for Status Holders.

 Release of Beta Version of online ANF 3A with facility to upload supporting documents (Application form for Merchandise Exports from India Scheme)

 Regarding clarification on rate of service tax on restaurant service.

 Common Adjudicating Authority appointed.

 Changes/amendments in the EOU/EHTP/STP/BTP Schemes.

 Creating Awareness of the provisions relating to Settlement of Cases through Settlement Commission, by informing the noticee about the said provisions by a follow up letter after issuance of Show Cause Notice.

 Procedural clarification in respect of the issues relating to the "authorization" of the Commissioners to represent the Union of India and Others in matters before the High Court.

 Notification No. 12/2012 - CE amended.

 Facility of centralized registration to manufacturers of aluminium roofing panel under Rule 9(2) of Central Excise Rules, 2002.

 Kamalasagar (District Sephaijala, Tripura) notified as a Land Customs Station.

 Goods required for the National AIDS Control Programme funded by GFATM exempted from customs duty.

 Amendment to the list of Export categories or sectors ineligible for duty credit scrip entitlement under MEIS as per Notification No. 24/2015.

 Amendment to Notification No. 12/2012 - Customs dated 17/03/2012 so as to increase the BCD on certain iron and steel products.

 Border haat at Kamalasagar, Tripura notified as Land Customs Station.

 Notification No. 47/2015-Customs (N.T.) rescinded.

 Tariff value in respect of Edible oil, Brass, Poppy seed, Areca nut, gold and Silver notified.

 Courier Imports and Exports(Clearance) Regulations, 1998 amended.

 Rate of exchange of conversion of the foreign currency with effect from 19th June, 2015 notified.

 No penalty or interest is leviable for additional assessed tax liability when dealer had sufficient ITC, which could have been adjusted against tax liability - State of Gujarat V Jay Steel and Tubes Traders - 2015 80 VST 530 (Guj).

 Assessment Order passed after 6 months from the date of visit of the Audit visit report. No permission obtained for extension of time. Barred by limitation - Chandrika Sao Vs Sales Tax Officer, Balasore Range - 2015 81 VST 86 (Orissa).

 Generation of electricity is manufacture. Electricity is goods and coal used in generation of electricity is raw material. Dealer entitled to concessional rate of tax on import of coal into local area for use in thermal plant - Odisha Power Generation Corporation Ltd Vs State of Odisha & Anr - 2015 81 VST 138 (Orissa).

 When an issue is pending before the Revenue authority on remand, it is not justified to approach the High Court by way of a writ and contest against the same issue - Commissioner of Sales tax Vs Arrow Webtex Limited - 2015 TIOL 1481 HC MUM.

 Under Transit Sales u/s 6 (2) of the CST Act, first sale alone will be taxable and the tax on subsequent sales will be exempted if dealers are registered - East Coast Constructions and Industries Ltd Vs Kerala Electricity Board - 2015 TIOL 1492 HC KER.

 Principles of natural justice are grounded in procedural fairness which ensures taking of correct decision and procedural fairness is fundamentally an instrumental good, in the sense that procedure should be designed to ensure accurate or appropriate outcomes. In fact, procedural fairness is valuable in both instrumental and non-instrumental terms - Dharampal Satyapal Ltd. Vs Dy. Commissioner of C.Ex., Gauhati - 2015 (320) E.L.T 3 (S.C).

 For bringing the notification into force and make it effective, two conditions are mandatory, viz., (1) Notification should be duly published in the official gazette, (2) it should be offered for sale on the date of its issue by the Directorate of Publicity and Public Relations of the Board, New Delhi - UOI & Ors Vs M/s Param Industries Ltd & Ors - 2015 TIOL 140 SC CUS.

 If the method of testing of any item of Central Excise Tariff is not mentioned then the Indian standard Institution’s method should be applied. That this would apply to the Custom’s Act as well. If the law requires that something be done in a particular manner, it must be done in that manner, and if not done in that manner has no existence in the eye of law at all - Tata Chemicals Ltd. Vs Commissioner of Cus.(Preventive), Jamnagar - 2015 (320) E.L.T 45 (S.C).

 It is possible to envisage situations where the goods procured for the use as input may become surplus for variety of reasons, but it cannot be automatically said that procurement of excess raw material would, by itself, render the claim of cenvat as fraudulent -Commissioner of Central Excise Vs Finolex Cable Ltd - 2015 (320) ELT 256 (Bom).

 Condoning the delay always advances cause of justice and afford opportunity to parties to contest the case on merits whereas; not condoning the delay results in denial of justice and deprive them of an opportunity - Hindustan Unilever Limited Vs Commissioner of Central Excise, Assam - 2015 (320) ELT 262 (Gau).

 Requirement of pre deposit as per amended provision of Section 35F would apply to all appeal filed on or after 06-08-2014 - Ganesh Yadav Vs. UOI - 2015 TIOL 1490 HC ALL ST.

 MS Plates, Sheets, Angles, Rounds used in conjunction with certain capital goods/machinery, become a part of the machinery as they were used for upkeep of the machinery, CENVAT credit is admissible - Commissioner of Central Excise, Customs and Service Tax, Visakhapatnam-I Vs Jindal Stainless Ltd - 2015 TIOL 1032 CESTAT BANG.

 The provisions of Rule 6(2) read with Rule 6(3)(b) of Cenvat Credit Rules, 2002/2004 would not be applicable in such cases when in course of manufacture of dutiable final products some exempted final products also emerge as inevitable by-product - Commissioner of Central Excise, Jaipur-I/Jalandhar Vs M/s Goyal Proteins.

 Refund on certain services which were not notified on the date of export under Notification No. 41/07-ST or 17/09-ST but were duly notified on the date of claiming of refund allowed, since on the date of claim, the service was duly notified for this purpose, irrespective of the period of export - M/s Fazlani Exports Pvt Ltd Vs Commissioner of Service Tax, Mumbai-I - 2015 TIOL 1088 CESTAT MUM.

 Amendment of the Bill of Entry is permissible under Section 149 of the Customs Act, 1962 even after the goods have been cleared for home consumption provided the said amendment is based on documentary evidence which was in existence at the time when the goods were cleared - Mohit Overseas Vs. Commissioner of Customs - 2015 TIOL 1384 HC DEL CUS.

 

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