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Corporate News *  The GSTN has issued an Advisory dated 21.04.2026 about the introduction of an Offline Tool for the Invoice Management System (IMS)  *  CBIC extends due dates for filing of FORM GSTR 3B  for the month of April 2026 *  Interest cannot be imposed in adjudication order, if not demanded/quantified in show cause notice : Allahabad HC *  Wheelchairs with toileting facility eligible for exemption: CESTAT affirms customs duty exemption to importer *  Industries urge GST council to allow inverted duty refunds on input services *  Tamil Nadu GST dept introduced virtual hearing facility for GST appeals under under section 107 of the TNGST act: detailed guidelines  *  CIC urges authorities to implement GST evasion complaint tracking system *  Even if the assessee opts "NO" for personal hearing in form DRC-06 ,The mandatory requirement under section 75(4) to grant opportunity of hearing cannot be waived:Gujarat High Court  *  Glufosinate imports curbs imposed by govt *  Government extends Re-import period for exported cut & polished diamonds *  CIC flags lack of tracking system for tax evasion complaints,urges GST authorities to improve transparency *  No Custodial Interrogation needed in GST fraud case based on documentary evidence already in Department's Possession : Chattisgarh HC *  Orders under section cannot be sustained if passed without considering the taxpayer's objections and without granting a personal hearing:Gujarat High Court *  Mere cancellation of supplier's registration cannot,by itself,justify denial of ITC or cancellation of the recipient's registration:Bombay High Court *  High Court sets aside GST notice citing factual errors and natural justice violations *  Provisional Bank Attachment under Section. 110 of Customs Act Unsustainable Beyond Statutory period without Extension order: Bombay HC orders to defreeze accounts *  Post Clearance MRP Alteration by Distributor Does not attract Differential Customs Duty: CESTAT *  DGFT Expands scope of 'Screws' classification under RoDTEP Scheme  *  E-way bills surze to all time high of 140.6 million in March *  GST Exemption Allowed on Pure Labour Services for Standalone Houses: AAR  *  GST Payable Only on Margin in Second-Hand Car Sales, Subject to Strict Conditions and No ITC Claim: AAR *  DGFT rolls out procedure for allocation of calcined coke *  GST portal update : Pre-deposit amount now editable in Appeals *  J&K HC declared TMT scrap a 'Specified Good' eligibile for GST refunds under Support Scheme  *  Pigmy agents are employees of banks; no GST can be levied on commission  paid to them : Karnataka HC *  DGFT Revises HS Code Description for Screws Under RoDTEP *  GST Registration Cancellation Invalid Without Proper Service of Notice: Allahabad High Court. *  Bengaluru CGST | GST Backlog Appeals Deadline Fixed at June 30, 2026 *  No Time Bar on Refund of Service Tax for Services Not Rendered: CESTAT  Remands Indiabulls Case for Unjust Enrichment Check. *  Supreme Court Holds Renewable Energy Incentive Must Benefit Generators, Not Be Adjusted in Tariff
Subject News *   Delhi HC Quashes Order, Says Reminder Cannot Validate Improperly Served GST SCN *  KARNATAKA HIGH COURT REMANDS GST SHORTFALL MATTER DUE TO ABSENCE OF PERSONAL HEARING   *  CESTAT cancels confiscation and penalties on imported computer cabinet cases: Custom duty restricted to 111 surplus units *  Deposit of tax during search or investigation cannot be treated as 'Voluntary Payment' : Bombay High Court *  Section 76 of the CGST cannot be invoked where the tax has already been duly deposited, even if through another registration of the same entity: Madras High Court *  Sec 74 allows use of material regardless of source; illegality or flaws in section 67 search do not vitiate valid adjudication: HC *  Inter-State transfer of ITC on Amalgamation permissible as given under section 18(3) read with rule 41 of the CGST rules, 2017: Gujarat High Court *  HC: No GST on commisson paid to Pigmy Agents *  IGST refund denial on illegible bill of lading invalid absent chance to furnish docs; merit reconsideration in appeals directed: HC *  ITC is not admissible on GST paid on leasehold rights of land used fpr setting up an air seperation plant: AAAR,Tamil Nadu *  GST: No penalty under Section 74 after voluntary ITC reversal due to non-existent supplier : High Court *  TN AAAR denies GST ITC on Land Lease under Sec. 17(5)(d) for setting up plant and machinery *  GST proceedings quashed as notices sent to old address, despite updated address in registration *  Importer Can’t Be Penalised for Alleged IGCR Procedural Lapses Without Evidence of Departmental Error: CESTAT *  Structured Healthcare Training Not ‘Charitable Activity’, 18% GST Payable: AAR  *  CESTAT As The Appellate Authority For Central Sales Tax Disputes: A Paradigm Shift Under Finance Act, 2023 *   Rs. 25K Cost Imposed On SGST Joint Commissioner for Attaching Bank  Accounts Without Forming Mandatory “Opinion”: Bombay HC *   Ex-Parte GST Order Without Hearing Violates Natural Justice: Karnataka  High Court Quashes Adjudication and Bank Attachment.  *   Retrospective GST Cancellation Can’t Invalidate Genuine Transactions:  Jaipur Commissioner (Appeals) Quashes Rs. 95,670 ITC Demand. *   GST Pre-Deposit Non-Compliance: Allahabad High Court Allows Appeal  Subject to Rs. 30 Lakh Balance Deposit, Recognises Offline Filing. *  Documentary Nature of Evidence: Allahabad High Court Grants Bail in Rs. 32.66 Crore Fake ITC Fraud Case *  Supreme Court Flags Systemic Bias in Army’s Permanent Commission Process for Women Officers *  Re-Determination of Land Compensation Can Be Based on Appellate Court Awards, Clarifies Scope of S. 28-A: Supreme Court. *  Supreme Court Imposes Rs. 5 Lakh Costs On Rent Authority Officer For Acting Beyond Jurisdiction. *  DGGI Meerut | Court Denies Bail to Accused in Claiming Fake ITC And Export Refunds *  Denial of GST Rate Revision Benefit to Contractor Violates Article 14: Rajasthan HC *  GST Registration Cancellation for Non-Filing of Returns: Gauhati High Court Directs Restoration on Compliance. *   Supreme Court Quashes FEMA Adjudication Orders, Revives Proceedings at  Show Cause Stage. *   Higher Rank, Harsher Punishment Justified: Supreme Court Restores Dismissal  of Bank Manager in Misappropriation Case. *   Limitation for Export Refund to Be Counted from Foreign Exchange Realisation,  Not From Export Invoices Issuance: CESTAT  

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Publish Date: 02 Jul, 2009
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Expectations from Budget 2009-10

 

Expectations from Budget 2009-2010

 

 

The Budget 2009-2010 is likely to be presented in the first week of July. The said budget is being awaited eagerly by all to see what will be benefit awarded to them. The major concerns for the Finance Minister are stabilizing the Indian economy in this era of global recession and to insulate it from global meltdown. Reduction in fiscal deficit is also to be achieved by the Government.

 

Expectations from Budget:-

 

There are a lot of expectations from the Budget from almost all sectors. Some of the expectations are as under:-

 

Excise Duty & Service Tax: - The excise duty and service tax have been reduced by stimulus packages to boost the economy. The excise duty which was levied @ 14% initially was reduced to 10% and then to 8%. Similarly, service tax was also reduced from 12% to 10%.

 

At this junctures, it seems that the Government has very less option available with it and the Central Excise duty and service tax will be increased again. However, it would not be beneficial to restore the excise duty to 14% and service tax to 12% again. The global recession is still going on and the trade and industry are trying to face this challenge. This will almost reverse the slowly stabilizing economy.

 

Good & Service Tax: - The Government was planning to introduce Goods & Service Tax (GST) from April, 2010. GST will replace the current levy of excise duty & service tax. Now there is talk going on that the applicability of GST may be delayed by one more year. It is also rumored that GST may be applied @ 16%.

 

Looking to the Current economic scenario and the global trends, we will suggest that the Government should wait for one more year and let the deliberations go on the GST. The proposal should be put on the web and a healthy discussion should take place on the same. Thereafter, the same should be implemented. This will prepare everybody for such introduction of new system.

 

Exports: - To boost the decline in export orders, the Government must provide more sops to the exporters. The Government must try to provide exemption from export profits. The refunds of duty given by exporters should also be increased. Further, the refund of service tax paid on services used for exports was proposed last year. But it has proved eye wash for the industry. The numerous conditions for the refund have proved fatal and the exporters did not get the refund in the end. It is suggested that the exporters should be exempted from payment of service tax and monthly return should be filed showing that the services have been used for the exports. The numerous conditions should be waived.

 

DEPB Scheme is required to be extended beyond December, 2009.

 

Cenvat Credit on Capital Goods: - At present Cenvat credit on capital goods is allowed to be taken 50% in the current financial year and the remaining 50% is to be taken in the next financial year.

 

The Cenvat credit on capital goods should be allowed to be taken at 100% in the year of receipt of capital goods in the factory premises. This is in consideration of the present economic scenario. In the recession, the capital goods industry is worst hit. No body expands in the recession. This step will definitely help the capital goods industry and create a demand for them.

 

Small Scale Exemption: - The small scale exemption is granted to industries having aggregate value of clearances in the past year being less than Rs 4 Crores vide Notification No. 8/2003- CE, dated 1.03.2003. The exemption is available from payment of excise duty upto the clearances of Rs 1.5 Crore in the current financial year if the value of clearances during the last financial year did not exceed Rs. 4 crores.

 

The limit of exemption granted should be increased from Rs. 1.5 Crores.

 

Similarly, the SSI exemption granted to service providers should also be increased.

 

Compound Levy Scheme: - The compound levy scheme has been introduced for Patti Patti manufacturing units. The duty has been fixed per cold rolling machine. However, the said rate was fixed taking into consideration the then applicable rate of excise duty @ 16%. Thereafter, the rate of excise duty has been reduced and the current applicable rate is 8%. Accordingly, the duty to be paid under compounded levy scheme is also required to be reduced.

 

Reversal of duty as per Rule 6 of Cenvat Credit Rules, 2004: - As per Rule 6 of the Cenvat Credit Rules, 2004, if an assessee is manufacturing exempted goods as well as dutiable goods and is using common inputs and is unable to keep separate accounts, then he is required to reverse an amount equal to ten percent (10%) of value of the exempted goods. The said rate was fixed when the rate of basic excise duty was 16%. Now, as the rate of excise duty has been reduced to 8%. The rate of reversal under Rule 6 is also required to be reduced as they are now at a disadvantageous position and paying more amount.

 

 

Proportionate reversal method under Rule 6 of Cenvat Credit Rules, 2004: - The method of proportionate reversal given under Rule 6 is very complicated and gives rise to many problems. The said method requires to be simplified so as to reduce the complications arising out of interpretation of the said Rule.

 

Service tax paid on Works Contract Service:- The assessee liable to pay service tax under the works contract service has been given an option to pay service tax @ 4% of the gross amount charged for the works contract vide Works Contract (Composition Scheme for Payment of Service Tax) Rules, 2007 notified by Notification No. 32/2007-ST Dated 22/5/2007.

However, now the rate of service tax has been reduced from 12% to 10%. Therefore, the rate of service tax payable under the Composition Scheme is also required to be reduced as they are paying service tax at a higher rate.

 

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