Leaf No: 66 Month : September Year : 2015

Greetings from Team SA!

 CBDT extends due date for e-filing Tax Audit Report upto October 31, 2015 on All India basis.

 Suggestions sought by Revenue Secretary regarding tax reforms including Rules and procedures etc.

 Commerce Minister urged the Regional Governments to prepare a roadmap for establishing a South Asian Development Bank.

 The procedure for submission of the Forms by the deductor on account of tax payers seeking non deduction of tax from certain incomes has been simplified.

 Employees Provident Fund Organisation gets SKOCH Award for Smart Governance for its initiatives on UAN Programme and Transformation of Social Security Agenda in India.

 Govt invites feedback on Draft GST Registration, Refunds & payments processes.

 The DEPB scrips on which input tax had already been paid at the time of purchase could be adjusted against the output tax collected or not - N F IMPEX PVT LTD Vs COMMISSIONER OF TRADE & TAXES - 2015 TIOL 2332 HC DEL.

 Separate notice is required for assessment of penalty - Bansal Dye Chem Pvt Ltd Vs CVAT - 2015 TIOL 2315 HC DEL VAT.

 In the course of ERP implementation even if any software comes into existence, the title of the software vests with the client and not with the assessee and they are not goods available in the market and not liable to VAT - State Of Karnataka Vs IBM India Pvt Ltd - 2015 TIOL 2298 HC KAR.

 Whether the two different Assessment officers can take two different views in respect of the same group companies - Giant Cement Trading Pvt Ltd Vs Assistant Commissioner (CT) - 2015 TIOL 2277 HC MAD.

 Reassessment not permissible on mere change of opinion - Assessing officer, after applying mind to materials and grounds and explanation of dealer passing Nil assessment issuing subsequent notice for reassessment on same grounds not valid - B.G Exploration and Production India Limited & Anr Vs State of Gujarat & Ors - 2015 84 VST 1 (Guj).

 Power to revise suo motu given only to Commissioner or Joint Commissioner -Revision by Additional Commissioner not competent - Guntur Communication network Pvt Ltd Vs Additional Commissioner (Legal), Guntur & Ors - 2015 84 VST 162 (T and AP).

 Finding of shortage of material during inspection on which Input Tax Credit availed of and reversal thereof is justified - K.V Seshaiah Chetty & Co Vs State of Tamilnadu - 2015 84 VST 201 (Mad).

 Assessing Authority making inconsistent statements in the Order and denying opportunity to dealer to cross examine witnesses - Order set aside - Sri Lakshmi Granites and Tiles Vs Assistant Commissioner (CT), (FAC) Bhavani Assessment Circle, Bhavani - 2015 84 VST 239 (Mad).

 Service tax levy on services provided by a Goods Transport Agency.

 Streamlining adjudication process.

 Clarification regarding binding nature of circular and instructions.

 Withdrawal of Order under 37B of Central Excise Act, 1944 on classification of Coconut Oil packed in small containers.

 Clarification regarding Refund / Claim of Safeguard Duties as Duty Drawback.

 Reducing / eliminating printouts in Customs Clearance.

 CBEC Invests Principal Commissioners with Powers of Chief Commissioners.

  Notification No.12/2012-Central Excise dated 17.03.2012 amended.

 CBEC Invests Principal Commissioners with Powers of Chief Commissioners.

 Conditions, safeguards and procedure notified for supply of tags, labels, printed bags, stickers, belts, buttons and hangers produced or manufactured in an EOU and cleared without payment of duty to DTA for exports in terms of Para 6.09 (g) of FTP 2015-20.

 CENVAT Credit Rules, 2004 amended.

 Amendments to Notification No.12/12-Cus dated 17.3.2012.

 Rate of exchange of conversion of the foreign currency with effect from 18th September, 2015.

 CBEC Invests Principal Commissioners with Powers of Chief Commissioners.

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

 Provisional safeguard duty levied on Hot-rolled flat products of non-alloy and other alloy Steel in coils of a width of 600 mm or more [heading 7208 or tariff item 7225 30 90] at the rate of 20% for a period of 200 days.

 The ITC (HS) code of 1-Phenyl-2- Propanone in Schedule 2 of ITC (HS) Classification of Export and Import Items has been amended.

  Export of rice of seed quality has been moved from ‘Free’ to ’Restricted’ category.

 The list of Organisations under Policy Condition 1 of Chapter 88 of ITC (HS), 2012 – Schedule – 1 (Import Policy) stands updated.

 Para 2.63 of HBP 2015 - 20 amended.

 The export promotion responsibility for Sesame seed and Niger seed is being shifted from Shellac and Forest Products Export Promotion Council (SHEFEXIL) to Indian Oilseeds and Produce Export Promotion Council (IOPEPC).

 M/s International Society for Small and Medium Enterprises (ISSME) is enlisted under Appendix 2E of FTP, 2015-2020 for issuing Certificate of Origin (Non-Preferential).

 Declaration of intent under MEIS Scheme.

 The quantity of sugar to be exported to EU under CXL Quota and to USA under TRQ upto 30.09.2016 has been notified.

 ONLY SUPREME COURT *

  Exemption from SAD is not available for domestic sale of imported commodities which are exempted from sales tax - Commr of Customs vs Seiko Brushware India - 2015 TIOL 203 SC CUS.

 Central government has no power to make rules for levy of Anti dumping retrospectively for period between expiry of provisional Anti dumping duty and imposition of final Anti dumping duty - Commr. of Customs vs GM Exports & Ors - 2015 TIOL 209 SC CUS.

 Printing of logo and name of product of manufacturer in GI paper purchased from market amounts to manufacture as after such process end use is confined only to specific product of the particular manufacturer – CCE vs Fitrite Packers - 2015 TIOL 235 SC CX.

 Buyer of assets of Corporation pursuant to the winding up order cannot be saddled with past excise duty liability of such corporation in absence of sale of business as a going concern - Jaiprakash Associates Ltd Vs. UOI - 2015 TIOL 2013 HC ALL CX.

 Assesee using brand name of foreign company through deed of assignment is using the same on its own right and hence cannot be held as using brand name of another person so as to be denied benefit of SSI exemption notification - CCE Vs. Otto Bilz India Pvt Ltd - 2015 TIOL 217 SC CX.

 Royalty paid by seller to buyer for using brand name of buyer does not constitute additional consideration and is not includible in assessable value - Lakhanpal Ltd Vs. CCE - 2015 TIOL 224 SC CX.

 Rule 6 of Cenvat Credit Rules, 2002 does not bar assessee from utilizing accumulated credit under Cenvat Credit Rules, 2001 - CCE Vs. New Swadeshi Sugar Mills - 2015 323 ELT 222 (S.C.)

 Amended provisions of Section 11B is not applicable to cases where though order of refund has been passed , implementation is pending as on date of amendment - CCE Vs. Dalmia Cement Bharat Ltd - 2015 TIOL 204 SC CX.

 Explanation-II which is appended to Rule 2(2) of the Customs Valuation (Determination of Price of Imported Goods) Rules, 1988 would make a ‘related person’ as a sole distributor only if it falls within the criteria of this sub-rule. Therefore, mere sole distributorship is not the conclusive consideration. It has also to be demonstrated that the case falls in one of the clauses mentioned in Rule 2(2) out of the clauses stipulated therein - Commissioner of Cus.(Imports), Mumbai Vs Bayer Corp. Science Ltd - 2015 (324) E.L.T. 17 (S.C).

 If a particular product is substantially for the care of skin and simply because it contains subsidiary pharmaceutical or antiseptic constituents or is having subsidiary curative or prophylactic value, it would not become medicament and would still qualify as the product for the care of the skin - Commissioner of Central Excise, Chennai-IV Vs Hindustan Lever Ltd - 2015 (323) E.L.T. 209 (S.C)

 Exporters/appellants are entitled to both the rebates on inputs and final products under Rule 18 and not one kind of rebate - M/s Spentex Industries Ltd. Vs Commissioner of Central Excise & Ors - 2015 TIOL 239 SC CX.

 

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