Leaf No: 67

Month : October

Year : 2015

Greetings from Team SA!

 The President of India has promulgated two ordinances - one for constitution of commercial courts and another to amend the Arbitration and Conciliation Act 1996.

 SC rules in favour of prevailing Collegium System; strikes down NJAC Act.

 Finance Minister launched an "e-Sahyog" pilot project which furthers the I-T Department's commitment to work in an e-environment.

 Najib Shah appointed as CBEC Chairman.

 Report of the Joint Committee on Business Process for GST on GST Return.

 Software Export – Filing of bulk SOFTEX-further liberalisation.

 The Regional Bench of CESTAT, Chandigarh to start functioning by accepting filing of appeals w.e.f. 01.12.2015.

 The Regional Bench of CESTAT, Hyderabad to start functioning by accepting filing of appeals w.e.f. 14.12.2015.

 Committee headed by R V Easwar constituted to simplify I-T Act provisions to improve ease of doing business.

 The TRIPS Agreement not to apply to pharmaceutical products in LDCs upto 2033.

 FDI Policy further eased for 15 Sectors including construction & broadcasting.

 Export of finished leather, Wet Blue and EI Tanned leather has been permitted through the ICDs at Jalandhar and Nagpur.

 Additions/amendments in Table 2 of Appendix 3B under the Merchandise Exports from India Scheme (MEIS) are notified.

 Amendment to Para 2.90 (d) of HBP 2015-20.

 Amendment to Para 9.06 of Handbook of Procedure (2015-20).

 Application for Duty Credit Scrips of additional 2% under Market Linked Focus Product Scheme (MLFPS).

 Definitive ADD levied on imports of Plain medium Density Fibre Board of thickness 6 mm and above , originating in or exported from the People's Republic of China, Malaysia, Thailand and Sri Lanka for a period of five years.

 Definitive ADD levied on imports of Front Axle Beam and Steering Knuckles for medium and heavy commercial vehicles, originating in or exported from the People's Republic of China for a period of five years.

 Definitive ADD levied on imports of Hexamine, originating in or exported from the People's Republic of China and UAE for a period of five years.

 Definitive ADD evied on imports of All Fully Drawn or Fully Oriented / Spin Draw / Flat Yarn of Polyester (non-textured and non – POY), originating in or exported from the People's Republic of China and Thailand for a period of five years.

 Continuation of ADD on “Narrow Woven Fabric” falling under heading 5806 of the First Schedule to the Customs Tariff Act, originating in, or exported from, the Peoples Republic of China and Chinese Taipei, imposed vide Notification No. 108/2010-Customs, dated the 6th October, 2010 for a further period of one year.

 Provisional assessment ordered on imports of specified Clear Float Glass originating in or exported from Pakistan, Saudi Arabia and UAE by M/s Tariq Glass Industries Limited, Pakistan (exporter).

  SWACHH BHARAT CESS notified.

 To be levied on all taxable services.

 To be levied @ 0.5% on the value.

 To be effective from 15.11.2015.

 Notification No. 21 / 2015 - ST dated 6.11.2015.

 Notification No. 22 / 2015 - ST dated 6.11.2015.

 Notification Nos. 23 / 2015 - ST dated 12.11.2015.

 Notification No. 24 / 2015 - ST dated 12.11.2015.

 Notification No. 25 / 2015 - ST dated 12.11.2015.

 Press Note on Swachh Bharat Cess.

 FAQ by CBEC on Swachh Bharat Cess.


 Improving Ease of Doing Business Issuance of Electronic Delivery Orders.

 Circular on Valuation of second hand machinery.

 Use of digital signature for submission of documents.

 Guidelines for launching of prosecution in relation to offences punishable under Customs Act, 1962.

 Revised Guidelines for Arrest and Bail in relation to offences punishable under Customs Act, 1962.

 Clarification regarding tower and blades constitute an essential component of Wind Operated Electricity Generators (WOEG).

 Central Excise Guidelines for launching of Prosecution under the Central Excise Act, 1944 & Finance Act, 1994 regarding Service tax.

 Revised monetary limits for arrest in Central Excise & Service Tax.

 Clarification regarding Self - Sealing and Self - Examination of Bulk cargo.

 Speedy disbursal of pending refund claims of exporters of services under Rule 5 of the CENVAT Credit Rules, 2004.

 Taxability of services provided in relation to remittance of money to India from overseas.

 Notification No. 25/2012 - ST amended.

Notification No. 12/2012 - CE amended.

 Cenvat Credit Rules, 2004 amended, so as to allow credit of Education Cess and Secondary and Higher Education Cess to be utilized for payment of service tax in specified circumstances.

 Notification No.42/2001-CE (N.T) dated 26.06.2001 amended to include procedure for export of bulk cargo.

 Notification No. 27/2011-Customs dated 01.03.2011 amended.

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

 Rate of exchange of conversion of the foreign currency with effect from 16th October, 2015.

 Services Exports from India Scheme (SEIS) notified vide Public Notice No. 3/2015-20 dated 1st April, 2015 extended upto 31.03.2016.

 When the Cabinet has taken decision to extend benefit of concessional CST to assessee beyond particular date, delay on part of Excise and Taxation Department to issue concerned notification does not disentitle eligible units from enjoying benefit of notification till date of notification by Department - Lloyd Electric and Engineering Ltd Vs. State of Himachal Pradesh - 2015 324 ELT 248 S.C.

 When the assessee is facing financial crunch in order to make payments relating to tax because of the attachment of its bank accounts, it is reasonable for the department to lift that ban - Shan Holiday Inn Pvt Ltd Vs Assistant Commissioner (CT) - 2015 TIOL 2532 HC MAD.

 There cannot be a uniform rate in respect of invisible loss in relation to all types of manufacturing processes - S.A.Abdul Azeez Co Vs Asst. Commissioner of Commercial Taxes - 2015 TIOL 2413 HC MAD.

 Section 19 (16) of TNVAT Act does not empower the Revenue authorities to revoke the input tax credit availed only on the ground that the selling dealer has not paid the tax - Sri Lakshmi Textiles Vs CCT - 2015 TIOL 2403 HC MAD.

 Revenue officials cannot issue notice for revision of assessment, without even perusing the books of accounts, during the inspection conducted at the place of business of assessee - Indian Hume Pipe Co Ltd Vs Assistant Commissioner (CT) - 2015-TIOL-2412-HC-MAD.

 Penalty not attracted unless dealer with full knowledge of falsity made a representation in form ‘C’ that goods in question are covered in the RC - Yundai Engineering & Construction Co. Ltd Vs Commissioner of Trade Tax, U.P - 2015 85 VST 53 All.

 Construction equipment machinery and tools used for execution of works contract includible in registration certificate - Nagarjuna Construction Co. Ltd Vs Asst Commissioner of Commercial taxes - 2015 84 VST 546 Cal.

 Dealer filing monthly returns in time cannot be denied input tax credit merely for failure to file Form W in time - R.K Knits Vs Assistant Commissioner (CT), Adyar II Assessment Circle, Chennai - 2015 84 VST 521 Mad.

 The "place of removal" under Section 4 of the Central Excise Act, 1944 could only be the places of the manufacturer and can never be the buyers' place - CCE Vs Ispat Industries Ltd - 2015 TIOL 238 SC CX - Click to read a detailed impact analysis by G. Natarajan, Advocate.

 If there is a doubt or two interpretations are possible, one which favours the Department is to be resorted to while construing an exemption notification - M/s Meridian Industries Ltd Vs CCE - 2015 TIOL 262 SC CX.

 Conversion of free shipping bills into drawback shipping bills is permissible only when the exporter is able to satisfy the Commissioner that "for reasons beyond his control" drawback was not claimed - Cargill India Pvt Ltd Vs Commissioner of Customs & CE, Visakhapatnam - II – 2015 TIOL 263 SC CUS.

 A SSI manufacturer can simultaneously avail the exemption for his own branded goods without availing CENVAT and also avail CENVAT credit on third party branded goods on which full duty is paid - Commissioner of Central Excise, Chennai Vs. Nebulae Health Care Ltd - 2015 TIOL 261 SC CX.

 Ready Mix Concrete (RMC) is not the same as Concrete Mix and accordingly RMC manufactured and used at site will not be entitled to benefit of exemption Notification No. 4/97-C.E – Larsen & Toubro Ltd. Vs. Commissioner of Central Excise, Hyderabad – 2015 324 E.L.T. 646 (S.C.).

 In the absence of Revenue establishing, under what circumstances, price escalation was given and whether that was a factor contributing to the depression of price at the time of clearance of the goods, the aforesaid additional amount received at a subsequent stage  cannot be added for the purpose of arriving at the transaction value – Commissioner of Central Excise, Delhi-III Vs. M/s Hitkari Fibres Ltd. – 2015 TIOL 248 SC CX.

 When amount advanced as loan by principal to job worker for purchasing machinery has not influenced trading relationship between them, normal price declared by job worker to be taken as transaction value - CCE Vs. Campco - 2015 324 ELT 27 S.C.

 Provision of Rule 18 of Central Excise Rules entitles Manufacturer/exporter to rebate of excise duties paid both on inputs as wells manufactured product when such finished products are exported on payment of duty - Spentex Industries Ltd Vs. CCE - 2015 TIOL 239 SC CX.

 Exemption from payment of SAD is available even in cases where sales tax payment is deferred on sale of such goods in India - Commr of Customs Vs. Seiko Brushware India 2015 323 ELT 641 S.C.

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 When the Development Commissioner has granted permission to effect DTA sales of ‘marble scrap’ at certain percentage, action of Board of Approval in bringing down said percentage without any criteria is violative of provisions of Foreign Trade Policy - Jain Grani Marmo Private Ltd Vs. UOI - 2015 324 ELT 52 (Raj.).

 Refund of duty paid on goods received back for repair and remaking is not barred by limitation of one year from date of receipt of goods for repair as per Rule 173 L when Section 11B prescribes limitation of one year from date of payment of excess duty as time limit for filing refund - Delphi TVS Diesel Systems Private Ltd Vs. CESTAT - 2015 324 ELT 270 Mad.

 If there is no dispute about the fact that the manufacturing process would result in some kind of a loss such as evaporation, creation of by-products, etc., CENVAT credit shall be allowed on the total quantity of inputs that went into the making of the finished product including such process loss – Rupa & Co. Ltd. Vs. CESTAT, Chennai – 2015 (324) E.L.T. 295 (Mad.).

 Interest on delayed refund is applicable to SAD refund and that Circular No.06/08-Cus to the extent it denies such interest to applicant is ultravires of Section 27A of Customs Act. - Principal Commissioner of Customs Vs. Riso India Pvt Ltd - 2015 TIOL 2384 HC DEL CUS.

 It is held that ‘non-excisable’ word used in second proviso to Clause 6 of Notification No.22/2003-C.E., dated 31.3.2003 and proviso to Clause 3 of Notification No.52/2003-Cus., dated 31.3.2003 will embrace in its expression all ‘zero’ rated finished goods whether on account of full exemption, or ‘Nil’/ ‘Free’ rates, or where no rate is specified under the relevant tariffs – Green Brilliance Energy P. Ltd. Vs. Commr. of C.Ex. & S.T., Vadodara-I – 2015 325 E.L.T. 351 (Tri.-LB).

 

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