Leaf No: 68 Month : November Year : 2015

Greetings from Team SA!

 Extension of date for submission of  returns in Central Excise for the assessees in the state of Tamil Nadu.

 CBDT amends Income Tax Rules, 1962 and inserts rule on issue of notice, summons.

 The Union Cabinet has given its approval to carry out official amendments in "The National Waterways Bill, 2015" which provides for enacting a Central Legislation to declare 106 additional inland waterways, as the national waterways.

 Government has granted “in-principle” approval to a total of 20 National Investment and Manufacturing Zones (NIMZs).

 The Union Cabinet has approved the Real Estate (Regulation and Development) Bill, 2015, as reported by the Select Committee of Rajya Sabha.

 A new facility has been provided for pre-filling of TDS schedule while submitting online rectification request on the e-filing portal to facilitate easy correction or up-dating of TDS details.

 The Indian economy which is currently digitized at 50 % is expected to reach 100 % by 2020 according to Dr Gulshan Rai, National Cyber Security Coordinator, Government of India.

 Interest Equalisation Scheme on Pre and Post Shipment Rupee Export Credit w.e.f. 1st April, 2015.

 Agencies desirous of enlistment in Appendix 2I of Appendices & Aayat Niryat Forms may submit their application as per Annexure I to Appendix 2I to the DGFT instead of the concerned RA.

 Declaration of intent under Merchandise Exports from India Scheme (MEIS).

 Import of Goods into India – Evidence of Import.

 Advance Remittance for Import of aircrafts /helicopters / other aviation related purchases.

 Definitive anti-dumping duty imposed on Carbon Black used in rubber Applications, originating in or exported from China PR and Russia for a period of five years.

 Definitive anti-dumping duty imposed on Melamine Tableware and Kitchenware products originating in, or exported from the Peoples Republic of China, Thailand and Vietnam for a period of five years.

 Definitive anti-dumping duty imposed on Phthalic Anhydride, originating in, or exported from Japan and Russia for a period of five year.

 Definitive anti-dumping duty imposed on import of all kinds of plastic processing or injection moulding machines, also known as injection presses used for processing or moulding of plastic materials, having clamping force not less than 40 tonnes and not more than 1000 tonnes originating in or exported from the People's Republic of China for a period of five years.

 Provisional anti-dumping duty imposed on Methylene Chloride originating in, or exported from the Peoples Republic of China and Russia for a period not exceeding six months.

 Definitive anti-dumping duty imposed on Gliclazide, originating in, or exported from the Peoples Republic of China for a period of five years.

 Provisional anti-dumping duty imposed on Purified Terephthalic Acid, originating in, or exported from the Peoples Republic of China, Iran, Indonesia, Malaysia and Taiwan for a period not exceeding six months.

 Definitive anti-dumping duty imposed on import of Cold Rolled Flat Products of Stainless Steel originating in, or exported from the People's Republic of China, Korea, European Union, South Africa, Taiwan (Chinese Taipei), Thailand and USA for a period of five years.

 Accounting code for payment of Swachh Bharat Cess.

 Clarification regarding leviability of service tax in respect of Seed Testing with effect from 01.07.2012.

 All Industry Rates of Duty Drawback and other Duty Drawback related changes.

 Timely cancellation of bond executed with Customs in advance authorisation cases.

 Amendment to Board Circular regarding guidelines for appointment of common adjudicating authority.

 Suspension of benefits under North East Industrial and Investment Promotion Policy (NEIIPP), 2007 by DIPP and its bearing on Central Excise duty Exemption.

 Minutes of Central Excise Tariff Conference held in Chandigarh on 28th and 29th October, 2015.

 Excise & Service tax payment for the month of November can be paid by December 20th for the assessees of Tamil Nadu.

 The requirement of manufacturing of ships/vessels in a custom bonded warehouse under the provisions of Section 65 of the Customs Act, 1962 for availing duty benefits is removed.

 EOUs are eligible for duty exemption on raw materials/parts consumed in manufacture of certain specified ships/vessels and cleared to DTA, even if such ships/vessels are exempt from basic customs duty and central excise/CV duty.

 Amendment of Notification No. 27/2014-Central Excise (NT), dated 16.09.2014 regarding jurisdiction.

 Notification No. 10/2008 – Customs, dated 15th January 2008 amended.

 The Customs, Central Excise Duties and Service Tax Drawback Rules 1995 amended.

 All Industry Rates (AIR) of Duty Drawback w.e.f. 23.11.2015 notified.

 Rate of exchange of conversion of the foreign currency with effect from 20th November, 2015.

 Tariff Notification in respect of fixation of TV of Edible oil, Brass, Poppy seed, Areca nut, Gold and Silver.

 Sodexo Meal Vouchers are not 'goods' within the meaning of Section 2(25) of the Maharashtra Muncipal Corporation Act and, therefore, not liable for either Octroi or Local Body Tax - Sodexo SVC India Pvt LtdState V State of Maharashtra - TS-677 - SC - 2015 - VAT.

 Goods imported by SEZ unit under duty exemption and stock transferred to other parts of country is liable for purchase tax - Nokia India Sales Private Ltd V AC (CT) - 2015 325 ELT 259 Mad.

 Provision that the assessment deemed to have been made accepting the Return filed by dealer is not unconditional u/s 22 of the TNVAT Act, 2006 - Manickchand Edibile Oils Private Limited V Commercial Tax Officer, Virudhunagar - 2015 815 VST 422 (MAD).

 Notification granting concessional rate of tax to Small or Medium scale manufacturers in the State with capital investment in Plant & Machinery not exceeding Rs.10 Crore and their purchasers impedes free flow of trade - Pasa Assoicates (P) Ltd V State of Chhatisgargh & Anr - 2015 85 VST 439 (Chhatisgarh).

 Joint Commissioner has jurisdiction to invoke suo motu revision proceedings under 63 A of KVAT, 2003 to revise assessment order passed - Projects (India) Ltd V State of Karnataka - 2015 86 VST 205 (Kar).

 Assessee having surplus ITC for adjustment of additional demand - Interest and Penalty not leviable - State of Gujarat V Shiv Industries - 2015 66 VST 88 (Guj).

 Apex Court affirms order of CESTAT business profit retained by brand owner out of payments received from CBU cannot be classified as payment for permitting them to use brand name - CCE V BDA Pvt Ltd - TS - 676 - SC - 2015 - ST.

 Issue whether interest is leviable under Section 11AB of the Act on the differential duty amount paid under supplementary invoices by virtue of price variation clause in the sale contract referred to larger bench - Steel Authority of India Ltd V CCE - 2015 - TIOL - 292 - SC - CX. 

 Money collected by manufacturer from dealers and distributors for purpose of spending on behalf of such dealers and distributors does not constitute additional consideration at the hands of manufacturer - CCE V Reliance Industries Ltd - 2015 325 ELT 468 (S.C).

 Validity of a Show Cause Notice issued under provisions of Central Excise Act cannot be gone in to by a civil court in suit by virtue of specific bar under Section 9 of Code of Civil Procedure - Addnl.D.G, Central Excise V Kiran Machines - 2015 325 ELT 469 (S.C).

 Amendments to EXIM Policy 2002-07 vide notifications in context of misuse of scheme cannot be said to have taken away any vested right of exporters - DGFT V Kanak Exports & Anr - 2015 - TIOL - 275 - SC - EXIM.

 For fulfilling export obligation under EPCG Scheme, exports by other divisions of license holder made after stipulated time cannot be considered - ParasRampuria Synthetics Ltd V Commr of Customs - 2015 325 ELT 221 S.C.

 Claim filed for refund of unutilized credit on export of services with in one year from date of receipt of foreign exchange is not barred by limitation - Commr of Customs V Ratio Pharma India - TS - 623 - CESTAT - 2015 (Mum) - EXC. 

 Pre-deposit made through cenvat account can be refunded to assesee in cash when assessee is not in a position to utilize credit on account of shifting of premises to exempted area - CCE V Birla Textile Mills - 2015 325 ELT 651 (Del).

 Even when education is construed as an ‘industry’, exemption on construction of educational institutions is eligible if it is established that the construction is used for academic purpose and not for commerce - G. Ramamoorthi Constructions India (P) Ltd V Commr (Adj) - 2015 40 STR 632 (Mad).

 100% EOU manufacturing non-excisable or NIL rated finished goods are not entitled for exemption on inputs used since expressions ‘Non Excisable’, ‘NIL rated’ as used in Notifications 22/03-CE or 52/03-CE would mean zero rated finished goods whether exempt under notification or NIL/free rate or no rate mentioned in Tariff - Green Brilliance Energy Private Ltd V CCE 2015 325 ELT 351 (Tri-L.B).

 To maintain one's own equipment, to optimize the usefulness, by maintenance and repair, in the BOOT period is not liable to Service Tax as services rendered to self cannot be taxed - CCE V Shastronics Controls Pvt Ltd - 2015 - TIOL - 2644 - CESTAT - MUM.

 Benefit of exemption from payment of Customs duty under Target Plus Scheme granted vide Notification 33/05-Cus is not to be denied to importer for reason that imported goods were processed through jobworker under Notification 214/86-CE - Silverline Plastpack Pvt Ltd V Commr of Central Excise - TS - 634 - CESTAT - 2015 (AHMD) - CUST.

 Relinquishing title to goods after warehousing period is not valid. On expiry of period of warehousing, goods are treated as improperly cleared attracting applicable duty and interest - Videocon Industries Pvt Ltd V CCE - TS - 649 - CESTAT - 2015 - CUST.

 

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