Leaf No : 36
Month : March
Year : 2013
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Greetings from Team SA!

 Justice G Raghuram, assumed office as president of CESTAT on 13-03-2013.

 Foreign trade policy to be released in first week of April.

 TRAI notifies regulation to limit duration of ads to 12 minutes per hour for TV programmes.

 RBI to introduce ten rupee notes in polymer/plastic on field trial basis.

 Small Savings Schemes: Govt notifies rates of interest effective from April 1, 2013.

 Govt sets up Working Group to draft Sports Development Bill.

 Passport Services - 30000 applications processed daily; TCS contract valid till 2018.

 Govt notifies amendment in Copyright Rules.

 India's exports finally becomes positive in February.

 RBI has prescribed new guidelines for Credit Cards' safety.

 States get Rs 2.91 lakh crore as share from Central pool of taxes.

 Govt cyber networks under attack from hackers from many countries.

sa corner


 Right of consideration in appeal and an application for waiver of pre-deposit is a right conferred by the statute and such right cannot be defeated on the basis of Circular, which contemplates that the recovery can be effected, if stay is not granted within 30 days…M/s. PML Industries Ltd vs CCE -2013-TIOL-201-HC-P&H-CX.





 RBI issues notification for making special arrangements for collection of dues for Income tax and CBEC.

 RBI prescribes liberalisation of procedure for write off of unrealised export bills.

 Fine of Rs.50 lakhs imposed on petitioner for unnecessarily invoking writ jurisdiction and wasting time of High Court...M/s. PGF Ltd & Ors vs. Union of India 2013-TIOL-18-SC-MISC.

 When the tender clearly gives break-up of separate agreements reflecting separate consideration for service and supply portion in a construction contract, mere fact of granting tender though single bidding process does not classify the contract as composite...ITO vs Karnataka Power Transmission Corporation 2013-TIOL-200-ITAT-BANG.


 Circular regarding setting up of private / Public Bonded Warehouses in SEZ/DTA for import and re-export of cut and Polished diamonds, cut and polished coloured gemstones, uncut & unset precious & semi-precious stones.

 Circular governing norms regarding execution of bank guarantee for various export schemes.

 Amendment to Post Export EPCG duty credit scrip scheme and certain other changes related to Foreign Trade Policy 2009-14.

 Amendment to Notification 12/12-Cus.

 Amendment to Notification 39/96-Cus regarding supplies to project ASTRA.

 Amendment to tariff rates of gold & silver notified - Notifications - 30/2013 & 32 / 2013.

 Amendment to Notification 69/11- Cus.

 Rate of exchange conversion w.e.f 22nd March 2013 notified.

 Continuation of Anti Dumping Duty on import of flat base steel wheels.

 Anti Dumping Duty on Meta-phenylenediamine imported from China.

 Last date for submission of ST -3 for period from 01.07.2012 to 30.09.12 extended till 15th April 2013.

 Amendment to Notification No.64/95-CE regarding supplies to Project ASTRA.

circulars notifications

 Amendment in notification relating to export of edible oils.

 Extension of prohibition on export of pulses till 31.03.14.

 Clarification regarding refund of TED on exempted goods collected by oversight.

 Public notice regarding amendments in Appendix 5 of HOP.

vat spot

 Tamilnadu presents tax-free budget for 2013-14.

 Government of Kerala enhances rate of tax on high-end goods from 13.5% to 14.5% in budget 2013-14.

 Karnataka Government issues guidelines regarding refund of wrong e-payments by Karnataka.

 Specified capital goods falling under Central Excise Tariff Chapter 84 notified as capital goods under Karnataka VAT.


 Collection of telephone bills by bank is cash management service and is excluded under Banking or financial service till 31.05.07…CCE vs Federal Bank Ltd – 2013-29-STR-554 (Ker).

 Chit funds are subject to service tax after deletion of exclusion to ‘cash management service’ from 01.06.2007…All Kerala Association of Chit Funds vs Union of India – 2013-29-STR-557 (Ker).

 When there has been a delay in filing appeals before CCE (A) due to fact that appeal has earlier been filed before wrong forum, there is no power on appellate authority to condone delay beyond period prescribed under the Act...Gopinath & Sharma vs CESTAT - 2013-TIOL-189-HC-MAD-ST.

 Goods cleared to SEZ are not exempted goods so as to attract provisions of Rule 6 of Cenvat Credit Rules, 2004…Surya Roshni vs CCE - 2013-TIOL-424-CESTAT-DEL.

 For the period prior to 01.03.11 there is no requirement under Cenvat Credit Rules to reverse credit on value of inputs written-off...M/s. Sanghavi Engineering vs CCE - 2013-TIOL-447-CESTAT-BANG.

 Credit admissible on rent paid for storage of finished products outside factory..Nitcon Industries Private Ltd vs CCE - 2013-TIOL-493-CESTAT-MUM.

 Commissioner (Appeals) is bound to dispose off the stay application before deciding the appeal on merits...Shiv Shakti Re-rolling Mills vs CCE - 2013-TIOL-463-CESTAT-MUM.

 Refund of service tax arising on return of amount collected for providing service is governed not by Sec.11B of CE Act, 1944 but by Rule 6(3) of Service Tax Rules, 1994...Aakash the place to Celebrate vs CST - 2013-TIOL-516-CESTAT-AHM.

 There is no liability under reverse charge when there is only reimbursement of expenses and no consideration for a service…CST vs Heidelberg India Pvt Ltd -2013-29-STR-620.

 For attracting levy under Rent a cab service it is necessary that the owner of vehicle is depossessd and possession of vehicle passes on to person who has taken it for usage during stipulated time...Shree Gayatri Tourist Bus Service vs CCE - 2013-29-STR-499.

 No coercive steps shall be taken for recovery even after six months of expiry of application for stay...Chandra Engineers vs CCE - 2013-TIOL-425-CESTAT-DEL.

before parting...

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