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Corporate News *  Service tax penalty can’t survive when assessee acted on dept.’s own view of non-taxability: Delhi High Court. *  GST section 74 extended limitation questionable when form 26AS mismatch was already known: Karnataka High Court grants interim relief. *  CGST demand prima facie impermissible after state GST settlement under section 128A: Bombay High Court. *  Supreme Court asks GSTAT to sympathetically consider delay as taxpayers pursued remedy before wrong forum. *  Supreme Court stays Tripura High Court ruling protecting genuine buyers from ITC denial over supplier’s GST default. *  Diary entries alone can’t prove clandestine removal of goods: CESTAT quashes excise penalty on steel trader. *  Customs could investigate preferential tariff claims even before sec. 28DA: Delhi High Court. *  Customs dept. relied on fake AI generated case laws: supreme court quashes Rs. 425.28 crore penalty. *  No GST exemption in affiliation and annual registration charges for admission or conduct Of examinations: GSTAT. *  Mere invoices, cheque payments insufficient to establish genuine movement of goods: GSTAT restores Rs. 43.44 lakh ITC demand. *  Consolidated GST show cause notice covering multiple financial years is not without jurisdiction: Delhi High Court. *  Construction of independent houses on separate plots not taxable as ‘Residential Complex’ without common facilities: CESTAT. *  GST penalty exceeding statutory maximum unsustainable; Allahabad High Court quashes ? 50,000/- penalty after taxpayer filed return and paid late fee. *  GST order against standard chartered bank passed without hearing set aside by Bombay High Court. *  Retracted statements can’t be relied upon without cross-examination: CESTAT quashes gold confiscation. *  Burden to prove misclassification lies on customs department: CESTAT. *  CESTAT quashes Rs. 98 lakh excise demand on clearance of used refractory brick scrap. *  Service tax demand on irrigation works quashed: Karnataka High Court rules sale of goods component not taxable as service. *  GSTAT restores tax and penalty for transporting iron scrap without E-way bill citing intent to evade tax. *  Madras High Court stays GST recovery from directors without opportunity to show cause under section 89. *  Madras high court stays GST recovery notice against directors; finds prima facie case on applicability of section 79(1)(c). *  Procedural lapses can’t justify harsh punishment without serious customs breach: CESTAT quashes customs broker licence revocation. *  Service tax payable on land leasing and sports complex charges: CESTAT. *  Settled customs dispute can’t be reopened through Article 226 challenge to interest liability: Delhi High Court. *  Mere facilitation of customs clearance can’t establish knowledge of smuggling: Madras High Court. *  GST registration cancellation stayed: Allahabad High Court questions 99% ITC utilisation cap under rule 86B. *  Composition scheme lapses automatically on crossing Rs. 1.5 crore turnover: GSTAT. *  Gujarat High Court quashes GST cancellation orders after officer relied on non-existent AI-generated case laws. *  Importers liable for customs duty benefits availed through manipulated scrips: Delhi High Court. *  Procedural E-way bill lapse alone can’t justify penalty where genuine transaction and absence of tax evasion are established: GSTAT.
Subject News *  Documentary evidence dominates probe, further custody unwarranted: mumbai court grants bail in Rs. 22.44 crore customs duty evasion case. *  Business premises can’t remain sealed for non-participation in GST search: Allahabad High Court. *  GST pre-deposit must be refunded proportionately when taxpayer partly succeeds in appeal: Bombay High Court. *  Supreme Court grants 30 days to file GST appeal; keeps pre-deposit issue open due to deposit in parallel CGST proceedings. *  GST demand can’t exceed amount proposed in SCN: Allahabad High Court quashes Rs. 20.47 Crore order. *  Hundreds-of-crores GST demand and heavy 10% pre-deposit no ground to bypass statutory appeal: Punjab & Haryana High Court. *  Delhi High Court refuses to entertain challenge to gold confiscation due to statutory appeal remedy and unexplained delay. *  Procedural error in customs broker licence inquiry can be rectified through remand: Delhi High Court. *  GSTR-2A mismatch alone can’t justify ITC denial without invoice-wise verification; personal hearing mandatory: GSTAT. *  GST order passed without uploading personal hearing notices violates sec. 75(4): Allahabad High Court. *  TAX EVASION - Sec. 74 GST SCN quashed for not spelling out fraud, wilful misstatement or suppression: Allahabad High Court. *  STPI’s SOFTEX certification and NoC charges taxable as business support services: CESTAT. *  Suspicion can’t replace proof: CESTAT quashes penalty in alleged gold-smuggling operation. *   Limitation runs from communication of order: Madras High Court upholds rejection of delayed GST Appeals. *  Rajasthan High Court quashes GST demand over unsigned show cause notice. *  ITC recovery upheld where supplier failed to deposit GST: Rajasthan High Court. *  Customs commissioner’s empowered to make port trust liable for duty on pilfered goods: Supreme Court. *  Rectification proceedings can’t be used to challenge an uncontested GST assessment through a writ petition: Andhra Pradesh HC. *  GST proceedings against deceased proprietor unsustainable without notice to legal heir: GSTAT. *  Mere availment of ineligible self-assessed ITC doesn’t amount to suppression without evidence of fraud or wilful misstatement: GSTAT. *  Disposal of mining overburden by entity authorised by mining lease holder constitutes taxable service: CESTAT. *  Toll plaza data not mandatory for ITC refund: GSTAT. *  Disputed GST fraud allegations require investigation: Punjab and Haryana High Court makes interim bail absolute in alleged fraud and GST fraud case. *  Non-manufacturer contractor liable to deposit excess excise duty collected from buyer: CESTAT. *  GST order can’t reject taxpayer’s reply as “not satisfactory” without reasons: Madhya Pradesh High Court. *  Uncorroborated statements can’t establish alleged diversion of duty-free goods: CESTAT. *  Erection services were not liable to service tax prior to 10th september 2004: CESTAT. *  Sec. 74 GST notice must spell out statutory ingredients for invoking extended tax demand proceedings: Allahabad High Court. *  No jurisdictional bar under section 6(2)(b) in parallel CGST SGST proceedings: Delhi High Court refuses to bypass GST appeal remedy. *  Madras High Court remits GST demand for fresh adjudication after taxpayer claims it was unaware of SCN following business closure.  

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Publish Date: 27 Feb, 2009
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Implications of Third Stimulus Package.

Implications of Third Stimulus Package

The third stimulus package was announced by the Government on 24.02.09. Following are the implications of the same:

 1.)       Reduction in general rate of excise duty and service tax:- 

 

The Government has reduced the rate of Excise Duty and Service Tax. The rate of basic excise duty is reduced from 10% to 8% on all articles except petroleum products, specified rated items and tobacco products. The change has been made vide notification no. 4/2009-CE dated 24.2.2009.

The rate of Service Tax has also been reduced from 12% to 10% vide notification no. 8/2009-ST dated 24.2.2009. The new rates are effective from 24.2.2009. Now the following will be the rates of Excise duty and service tax:-

 

 

 

Excise Duty (%)

Service Tax (%)

Basic Rate

8

10

Education Cess

0.16

0.20

SHE Cess

0.08

0.10

Total effective rate

8.24

10.30

 

General reduction in Excise Duty rates by 4 per cent, which was brought into effect from December 7, 2008, has now been extended beyond March 31, 2009

 

2.)        Retention of the rate of central excise duty on goods currently attracting ad valorem rates of 8 per cent and 4 per cent, respectively

 

 There has been no change in the rate of excise duty which is levied at the concessional rates of 4% and 8%. Prior to this change, the effective rates of duty on these goods were 4% & 8% by virtue of Exemption Notifications. Now the rate of basic excise duty is reduced to 8% but no change has been made in the goods (like disposable needles and syringes) already attracting duty @ 8% by virtue of exemption notification. The effect is as if the notification has been withdrawn from these goods as now the basic excise duty itself is levied @ 8%.  

 

 3.)        No change in rate of service tax levied under the Composition Scheme of Works Contract Service:

 

Under the Works Contract Service, the service provider has an option either to pay service tax at full rate and utilise Cenvat credit or he can opt for payment of service tax @ 4% under the Composition Scheme. At the time, this scheme was implemented the rate of service tax was 12% and the scheme was implemented at a very attractive rate of 2%. Only after one year, the rate under composition scheme was increased to 4%. There is no option to opt out of the composition scheme once it is opted in respect of a particular contract. This increase in rate under composition scheme made the construction companies re-think about their decision of opting under composition scheme but there is no option left with them. Now the situation has become still worse as the basic rate of service tax has been reduced to 10%. Now the service tax under composition scheme which was looking favourable has become bitter as the other options like Construction of Commercial complex or Installation and commissioning services are now more favourable to the construction companies. The effective rate of service tax on these options after abatement comes 3.3% which is lower than service tax under composition scheme which is 4%. Hence, it is a true case of promissory estoppel.      

 

4.)       No change in rate of excise duty prescribed for compound levy scheme:

 

Under the compound levy scheme, the duty is not levied on the clearances of the goods but is levied on the production capacity of the factory. Fixed duty is payable on the number of machines installed. The Patta/Patti units as well as pan masala manufacturing units fall under the purview of this scheme. The rate of excise duty has come down from 16% to 8% in the last 12 months, but there is no change in the rates prescribed under Compounded Levy Scheme.

 

5.)        No change in rate of 10% reversal for excise duty and rate of 8% reversal for service tax under Rule 6 (3) of the Cenvat Credit Rules, 2004:

 

Rule 6 (3) of the Cenvat Credit Rules, 2004 provides for reversal of 10% of the value of exempted goods in case common inputs are used for manufacturing dutiable as well as exempted goods and separate records are not maintained by the manufacturer. Similarly, a service provider has to reverse 8% of the value of exempted services if he is providing both taxable service and exempted service and opts not to maintain separate records. When this rate of reversing 10% on the value of exempted goods was prescribed, the rate of basic excise duty was 16%. Now the rate of basic excise duty has come down to 8%, but there is no change in the rate of reversal. As such, if the manufacturer pays excise duty on the exempted goods – it will be favourable rather than claiming exemption and reversing the amount under rule 6 of the Cenvat Credit Rules, 2004. Similarly, in case of service provider also, the rate of reversal is 8% which is kept intact but the basic rate of service tax has been reduced from 12% to 10%.

 

6.)         Duty on bulk cement reduced:

 

The duty on bulk cement was 10% or Rs.290 per tonne, whichever is higher. The duty on bulk cement has been reduced to 8% or Rs. 230 per tonne, which ever is higher. This will definitely give a boost to the real estate sector.

 

7.)       Exemption from Customs duty:

 

Exemption from basic customs duty on Naptha imported for generation of electric energy is now being extended beyond March 31, 2009.

 

8.)       Key sectors with 2% excise duty cut

 

Following are the key sectors in which reduction in prices is expected due to duty cuts:

 

Sector

Expected price reduction

Steel

Rs 500 -600 per tonne

Aluminum

Rs 1,500 -1600 per tonne

Commercial Vehicles

Rs 10,000 - 30,000 per vehicle

Tyres

Rs 200 - Truck tyre; Rs 25 - Car tyre

Cement (only on bulk cement)

Rs 60 - 100 per tonne

Household appliances

21" Flat CTV price to be lower by Rs 150

Organic Chemicals

Caustic soda - Rs 500/tonne; soda ash - Rs 290-320 per tonne

Petrochemicals

Rs 700 - 1,000 per tonne

 

9.)       Key sectors with 2% service tax cut

 

Following are the key sectors in which reduction in prices is expected due to Service tax cuts:

 

1.      Construction

2.      Media & entertainment

3.      Telecom Services

4.      Hotels

5.      Airline Services

6.      Healthcare Providers

 

 

10.)     Key sectors where duties remain unchanged

 

Following are the key sectors in which the duties remain unchanged:

 

1.      Textiles

2.      Paper

3.      Petroleum products

4.      Cars & two-wheelers

 

Impact:

 

The benefits of the above-mentioned measures will be passed on to the consumers resulting in a marginal reduction in cost of services and reduced prices of commercial vehicles, household appliances and commodities such as steel, aluminum and cement.

While the housing segment is expected to marginally benefit due to lower cost of inputs (steel, cement), the end consumer will benefit from lower prices of products and services (including lease rentals).

However, these measures are unlikely to spur demand/consumption, given weak consumer sentiments. Player profitability is expected to remain unaffected in most sectors leading to an overall neutral impact across key sectors.

 

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