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Corporate News *  GST registration cancellation without reasons amounts to ‘Economic Death’ of business: Supreme Court. *  No GST refund if appeal before GSTAT is filed late: Gujarat High Court. *  Mere upload of GST notice on portal not valid service, appeal limitation won’t start: Punjab & Haryana High Court. *  Taxpayer can’t be penalised for missing notices hidden under ‘Additional Notices/Orders’: Calcutta High Court allows fresh adjudication. *  State tax officer can’t issue GST SCN beyond CBIC-assigned jurisdiction: Bombay High Court stays recovery proceedings. *  Earlier 7.5% Pre-Deposit must count towards mandatory 10% for Appeal: Uttarakhand high court quashes CESTAT Order. *  Third Parties can’t challenge GST Advance Rulings merely due to financial impact: Karnataka HC *  GST SCN generated using AI tool quashed: Punjab & Haryana High Court *  Bank Attachment Quashed as Madras HC Quashes GST Order Issued Against Deceased Person *  ITC Blocking Order for Failure to Record ‘Reason to Believe’ U/R 86A Quashed: Allahabad High Court *  Govt Extends GSTAT Appeal Filing Deadline From 30 June to July 31, 2026 *  GST Demand on RWA Stayed: Allahabad High Court Questions Taxability of Electricity Distribution to Flat Owners *  CBIC Clarifies Jurisdiction After GST Registration Transfer: Earlier Proceedings Remain Valid, New Officer to Continue Action *  GST authorities’ certification not mandatory for reimbursement, but tax payment must be proven: Karnataka HC *  Contractor can’t seek gst reimbursement through writ when contract has arbitration clause: Karnataka HC *  Unsigned Order Is No Order in Law: AP HC Quashes GST Assessment Order for Want of Officer’s Signature *  Customs Can’t Levy Rs. 1.36 Crore Cost Recovery Charges Without Proof of Full-Day Officer Deployment: CESTAT  *  12% IGST Payable On Imported Dialysis Machine Parts: CESTAT *  Bombay High Court Admits Challenge to GST Limitation Extension Notifications; Grants Protection Against Coercive Recovery *  Criminal Case Can’t Run Parallel to GST Proceedings on Same Facts: Allahabad High Court *  Allahabad High Court Stays GST Detention Order; Directs Release of Vehicle and Goods on Deposit of Rs. 1.44 Lakh *  Service Tax Can’t Be Levied on Loss-Making Contracts: Gujarat High Court *  GSTN Mandates Ship-to GSTIN in e-Invoice and e-Way Bill APIs; Introduces Voluntary e-Way Bill Closure Facility from August 1, 2026 *  GST Appeal Can’t Be Rejected as Time-Barred When Taxpayer Was Pursuing Rectification Remedy: Telangana High Court *  Absence of E-Way Bill and Transport Documents Justifies Customs Seizure U/s 110: Gauhati HC *  Madras High Court Upholds GST Late Fee and Penalty for Non-Filing of Annual Return, Dismisses Challenge  *  GST Records, Purchase Documents Sufficient to Discharge Burden Under Customs Act: CESTAT Orders Release of 3.65 Kg Gold  *  No Sugar Cess Payable on Sugar Exported Out of India: CESTAT *  Road Construction Services Exempt and SCN Time-Barred: CESTAT Quashes Service Tax Demand Based Solely on Form 26AS  *  ITC Freeze Upheld After GST Dept Find Suppliers Were Allegedly Fake Bill-Trading Entities: Madras HC 
Subject News *  Input service benefits can’t be denied: CESTAT allows export refund despite MMTC acting as Canalising agency. *  No service tax demand without proof of service of SCN: CESTAT. *  Service tax demand quashed as dept. fails to prove service of SCN: CESTAT *  GST : Mere allegation of inadequate consideration of reply not enough to invoke writ jurisdiction: Delhi High Court *  Onerous conditions imposed for provisional release of seized imported goods shouldn’t amount to virtual denial of relief: CESTAT. *  GST SCN without alleging fraud cannot invoke sec. 74: Karnataka High Court quashes adjudication order. *  Extended Limitation Can’t Be Invoked Merely on Form 26AS Data: CESTAT *  Revenue-Sharing with Restaurants Not Taxable as Business Support Service: CESTAT *  R. 6(3) Option Can’t Be Forced on Taxpayer; CESTAT Quashes Rs. 12.36 Crore CENVAT Credit Demand *  Excise Duty | Power Consumption Alone Can’t Prove Clandestine Manufacture: Karnataka High Court *  Madras High Court Examines DGGI’s Authority to Issue GST Penalty Orders Under Section 122, Adds DGGI as Party *  Proceedings under omitted r. 96(10) can’t survive without saving clause: andhra pradesh high court quashes gst refund recovery *  Excise duty power consumption alone can’t prove clandestine manufacture: karnataka high court *  Madras high court rules GST show cause notices must disclose grounds for invoking extended limitation *  Court Can’t Direct Extension GST Return Deadlines or Waive Interest and Penalties: Karnataka High Court *  GST Notifications Can’t Go Beyond GST Council Recommendations: Madras High Court Quashes SCN on Branded Pulses *  Appeal Can’t Be Dismissed for Delay When Dept’s Own Order Mis-states Limitation Period: CESTAT *  No Evidence of KYC or Due Diligence Breach By Customs Broker: CESTAT Quashes Licence Revocation in Export Overvaluation Case *  Glucometers Are Chemical Analysis Instruments Classifiable Under Tariff Heading 9027: CESTAT *  Validity of Post-GST Service Tax Proceedings Upheld: Gujarat High Court Dismisses Challenge to S. 73 SCN *  Rectified GST Refund Applications Can’t Be Rejected as Time-Barred If Original Refund Claim Was Filed Within Limitation: Gujarat HC *  Service Tax Refund Can’t Be Denied as Time-Barred When Levy Itself Is Unconstitutional: Gujarat High Court *  Same Officer Can’t Act As Auditor & Adjudicator: Karnataka High Court *  Karnataka High Court Condones 324-Day Delay, Revives Customs Appeal in Jewellery Pilferage Case  *  Madras High Court Quashes GST Assessment Order Passed Ex Parte Despite Prior ITC Reversal; Lifts Bank Attachment *  Tobacco Process Doesn’t Amount to Manufacturing: Madras High Court Quashes Rs. 1.32 Crore Compensation Cess Demand  *  Recovery Notice Unsustainable After Voluntary Reversal of Unutilised Credit: CESTAT  *  GST | ‘System Generated’ SCN Without Officer Details Invalid: Allahabad HC  *  Electronic Records Without Statutory Certification Requirements Can’t Justify Undervaluation Allegations: CESTAT *  Madras High Court Stays GST Order, Finds Prima Facie Merit in Plea Against S. 74 Proceedings Based on S. 73 Intimation  

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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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