Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  Dept. Can’t Classify Product as Zarda Scented Tobacco After Repeatedly Approving It As Chewing Tobacco: CESTAT *  Mere Uploading Of GST Order On Portal Is Not “Valid” Service: Tripura HC *  CGST Can Proceed Even If SGST Closed Similar Case Earlier: Delhi HC *  SC upholds 28% GST on online gaming with retrospective effect. *  West Bengal Govt cuts E-way Bill Threshold limit to Rs. 50,000 for intra-state goods movement. *  Criminal Prosecution Under Central Excise Act Can’t Continue After CESTAT Sets Aside Duty Demand on Merits: Punjab & Haryana High Court. *  Madras High Court Quashes GST Assessment Orders for Denial of Personal Hearing; Remands Matter Subject to 10% Deposit *  Ex Parte GST Order: Madras High Court Directs Immediate Removal of Bank/ITC Attachment Upon 25% Deposit *  J.K. Cement Receives GST Demand Order of Rs 8,02,113/- from Ahmedabad Tax Authority *  Delhi Police EOW Busts Alleged Rs. 128 Crore GST Fake Invoice Network. *  REPLY TO SCN CAN’T BE TREATED AS “EMPTY FORMALITY”: ORISSA HIGH COURT QUASHES GST DEMAND OF RS. 57.30 LAKH *  Challenge to CGST Provisions restricting ITC to Bonafide Purchasers : Allahabad HC issues notice *  CBIC Notifies Revised Customs Tariff Values for Edible Oils, Gold, Silver, Brass Scrap and Areca Nuts *  Delhi HC Orders Removal of GST Attachment After Statutory 1 Year Period Expired *  GSTAT Extends Relaxed Appeal Filing Guidelines till December 31, 2026 *  AO fails to Provide Import - Export Data from DGFT to Taxpayer for Reconciliation *  Gold, Silver Imports To Get Costlier As Govt Raises Customs Duty To 10%  *  GSTAT Enables Pre-Payment Access to Document Upload and Checklist for GST Appeal Filing *  GST Portal Restrictions Can’t Override Statute: Gujarat HC Allows Cross-State Transfer Of CGST ITC After Amalgamation *  Centre Revises HS Codes for Large Diameter Steel Pipes Used in Oil & Gas Pipelines *  Customs Duty Liability Arises On Warehouse Clearance Date: Supreme Court *  Government lifts export ban on de-oiled rice bran *  CESTAT Grants 12% Interest on Pre-Deposit for Investigation from Date of Deposit till Refund and Denies Interest on Interest. *  Government Overhauls GST Classification Framework for Non-Alcoholic Beverages; Fruit Juice Drinks, Milk-Based Beverages and Caffeinated Drinks to Attract Revised 5% and 40% GST Rates from May 1, 2026 *  India’s gross GST collections hit a record Rs 2.42 lakh crore in April, up 8.7% *  Customs clearance stalled, revenue hit over MRP dispute *  Shipping Corporation explores Middle East routes as Hormuz tensions disrupt cargo movement *  India, Kenya signs MoU for exchange of pre-arrival customs information *  No demand of Taxes under Reverse Charge if Tax Already Discharged by Service Provider under forward charge *  The India-New Zealand Free Trade Agreement, signed "once-in-a-generation" deal that eliminates tariffs on 100% of Indian exports to New Zealand
Subject News *  Consignment Sales Can’t Be Reclassified as Inter-State Sales Based on Pre-Agreement Evidence: CESTAT *  Exporter Can’t Be Denied Advance Authorization Benefit Due To ICEGATE Technical Glitch: Delhi High Court *  No GST Demand For Mere Wrong Set-Off Of IGST Credit Under CGST And SGST Heads: Kerala HC. *  Cenvat Credit Can’t Be Denied on Input Services Having Nexus With Manufacturing Activities: CESTAT *  Pending Proceedings Can’t Survive Without Saving Clause: Calcutta High Court Quashes GST Demand of Rs. 6.28 Crore After Omission of Rule 96(10) *  Madras HC Quashes GST Demands on TASMAC (Tamil Nadu State Marketing Corporation) Bar Licence Fee *  GST Proceedings Cannot Survive Omitted Rule Without Saving Clause: Calcutta HC *  Provisional Release Can’t Be Denied Solely On Dept. Suspicion Of Misclassification And Undervaluation Of Imported Goods: CESTAT *  Businesses Should Not Be Kept Outside GST Regime Without Due Process: Gauhati High Court *  Punjab & Haryana HC Directs Reconsideration of Contractors’ Claim for Additional GST Payment After Tax Rate Hike From 12% to 18% *  S. 108 Statements Can’t Be Sole Basis Without Following Section 138B Procedure: CESTAT *  Bombay High Court Frames Key Questions on Mandatory Distribution of ITC U/s 20 CGST Act *  Filing of Annexure-B for Refund Applications involving Accumulated ITC using the offline utility in GST portal: GSTN *  No Service Tax on Parent Company’s Un-Invoiced Cost Allocations Without Actual Service or Consideration: CESTAT  *  Calcutta High Court Upholds GST Classification of Polypropylene Leno Bags as Plastic Products *  DRC-01 Summary Can’t Replace Mandatory SCN: Gauhati High Court *  GSTAT Issues Major Bench Allocation Framework; All Appeals to First Go Before Division Bench *  ITC Blocking Without Reasoned Order Violates Rule 86A; Punjab & Haryana HC Directs Release of Credit *  Allahabad HC Refuses Bail to CGST Superintendent In Rs. 70 Lakh Bribery Case *  S.130 Can’t Be Invoked Without Prior Tax Determination U/s 73/74: Allahabad High Court Quashes GST Confiscation Proceedings *  SC grants Bail to Rs 54cr GST case  *  Karnataka HC Sets Aside Duplicate GST Orders, Orders Fresh Hearing on GSTIN Cancellation *  DRC-01 Summary Can’t Replace Mandatory SCN: Gauhati High Court *  Transfer Of Unutilized ITC After Amalgamation - Supreme Court Issues Notice *  PUNJAB & HARYANA HC QUASHES GST CANCELLATION NOTICE FOR FAILURE TO PROVIDE CBIC ENQUIRY REPORT *  LICENSE FEE, TECHNICAL ASSISTANCE CHARGES NOT INCLUDIBLE IN CUSTOMS VALUE UNLESS THEY ARE A CONDITION OF SALE: CESTAT *  DELHI HC ORDERS REMOVAL OF GST ATTACHMENT AFTER STATUTORY 1 YEAR PERIOD EXPIRED *  CUSTOMS BROKER CAN’T BE FAULTED JUST BECAUSE EXPORTER’S GST REGISTRATION WAS PREVIOUSLY CANCELLED: CESTAT   *  Supreme Court Dismisses Review Plea Against Delhi HC Ruling Holding Real Operator Behind Fake GST Firms Liable As ‘Taxable Person  *  GST Appeal Can’t Be Rejected Merely Because DRC-07 Was Not Uploaded On Portal: Bombay High Court  

Comments

Publish Date: 02 Aug, 2014
Print   |    |  Comment

AMENDMENT IN RULE 6(8) OF CCR: TREATING MALARIA PATIENT WITH THE MEDICINE MEANT FOR TYPHOID

AMENDMENT IN RULE 6(8) OF CCR: TREATING MALARIA PATIENT WITH THE MEDICINE MEANT FOR TYPHOID

 

An article by:

CA. Pradeep Jain
CA. Preeti Parihar
CA. Vaibhav Bothra

 

Introduction:

Budget, 2014 is said to be the first step of Modi Government towards “Achhe din”. However, to the Central Excise and service tax assessees it has come up with mixed feelings. It has fulfilled few desires by bridging certain lacunas, while some still exists despite fact that the same set of provision has been amended keeping intact that lacuna. One such amendment has been made in the rule 6(8) of the Cenvat Credit Rules, 2004 which has been discussed herein.

 
The past: 

Sub-rule 8 was inserted in Rule 6 of the CENVAT Credit Rules, 2004 by Notification No. 28/2012-CE NT dated 20.06.2012. This rule reads as follows:-

(8) For the purpose of this rule, a service provided or agreed to be provided shall not be an exempted service when:-

(a) the service satisfies the conditions specified under rule 6A of the Service Tax Rules, 1994 and the payment for the service is to be received in convertible foreign currency; and

(b) such payment has not been received for a period of six months or such extended period as maybe allowed from time-to-time by the Reserve Bank of India, from the date of provision. [emphasis supplied]

The funny effect of this rule was that the export of service was not treated as exempted service if the payment in foreign exchange has not been received within six months. This means where the payment for export of service is not received within prescribed period, it will not be treated as exempted service and thus, provisions of rule 6 of Cenvat Credit Rules, 2004 are not applicable. However, if such payment is received within due time, the service will be treated as exempted service and provisions of rule 6(3) will be applicable. It is but obvious that this would not have been the intention of the law makers but the framing of rule speaks this only. The intention of law makers would have been that if the payment is not received within 6 months then it shall be treated as exempted service and the service provider will have to reverse the cenvat of input services used in provision of such export of service. But the language of rule 6(8) came out to be defective and since last two years it is the same and waiting for suitable amendment.

 
Amendment in rule 6(8) by Budget, 2014

The amendment sought by clause (b) of rule 6(8) is still awaited. However, in this budget, the government has added a clause (c) to rule 6(8) which only to give rise to more confusion instead of resolving the earlier confusions. The new clause reads as follows:

Provided that if such payment is received after the specified or extended period allowed by the Reserve Bank of India but within one year from such period, the service provider shall be entitled to take the credit of the amount equivalent to the CENVAT credit paid earlier in terms of sub rule (3) to the extent it relates to such payment, on the basis of documentary evidence of the payment so received.”.

This new proviso states that where the service provider has earlier made reversal under rule 6(3) of the Cenvat Credit Rules, 2004 on account of non receipt of convertible foreign exchange within specified period and thereafter such payment is received, the service provider would be entitled to avail the credit of amount reversed/paid under rule 6(3) on the basis of Bank Realisation Certificate.

Impact of amendment:-

While inserting the new clause (c), the lacuna existing in rule 6(8)(b) has not been touched. According to the existing language of rule 6(8), if the payment is not received within specified period, the service shall not be treated as exempted service and accordingly no reversal will be required under rule 6(3) of the Cenvat Credit Rules, 2004. However, if the payment is received within specified period, it will come under purview of rule 6(3). The insertion of clause (c) has been done by ignoring the existing language of rule 6(8)(b); the intention of law makers have been kept in mind. In fact, as per existing language, the clause (c) will not at all come into play and there would be no need of recredit since the timely receipt of foreign exchange will lead to reversal under rule 6(3) and non receipt of foreign exchange in due time will take the service out of purview of rule 6(3) and thus, no reversal will be required under rule 6(3) of Cenvat Credit Rules, 2004.

 
While departing:

The exercise made by government in issuing the notification for inserting clause (c) in the rule 6(8) is worthless. There was no need of inserting clause (c) till the lacuna is there in the clause (b) of this rule. Insertion of clause (c) facilitates the assessees to avail such reversed Cenvat which in actual was never reversed. It is as if treating the patient of malaria with the medicine meant for typhoid. Also, the lacuna in clause (b) was not noticed by most of the people but this amendment may bring this lacuna in the eyes of people, including the departmental officers too. Thus, the two year old lacuna may now prove harmful to the health of service providers exporting their services and duly receiving the convertible foreign exchange in prescribed time.

Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com