Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
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  

Comments

Publish Date: 27 Feb, 2010
Print   |    |  Comment

Large Benefits to Small Scale Units

 

Large benefits to Small Scale Units

 

Prepared By:

CA Pradeep Jain

Sukhvinder Kaur

 

This year budget has brought many good things for the small scale manufacturers. The small scale exemption is contained in notification 8/2003-C.E. dated 01.03.2003. The units opting for such exemption were treated as small scale units. But in this year Budget 2010 has brought amendment to this also. We are discussing the amendments and benefits given to small scale manufacturers in this article and the possible outcome of the same.

 

1.                 Credit of Capital Goods: Prior to this budget, sub rule 2(a) of rule 4 of Cenvat Credit Rules, 2004 provided that 50% of the Cenvat Credit can be taken in the financial year of purchase of the capital goods and 50% of the balance credit was to be taken in the next financial year.

 

Now in the Budget it has been provided that the eligible small scale manufacturers can take 100% credit of these capital goods in the year they have been purchased. As per Notification no 8/2003, the small scale exemption is available to the units whose aggregate value of clearances in the preceding financial year is less than Rs. 4 crores. The unit has to opt for the same. But this new definition of eligible SSI units is introduced. The explanation clarifies that the eligible units are those who are eligible to take the benefit of exemption and whose turnover is less than Rs. 400 Lakhs in preceding financial year. This is to be computed as per clause 3A of notification no. 8/2003 which reads as follows:-

 

3A.  For the purposes of determining the aggregate value of clearances of all excisable goods for home consumption, mentioned in clause (vii) of paragraph 2 of this notification, the following clearances shall not be taken into account, namely:-

 

 (a)    clearances of excisable goods without payment of duty-

 

(i)    to a unit in a free trade zone; or

 

(ii)   to a unit in a special economic zone; or

 

(iii)  to a hundred percent. export-oriented undertaking; or

 

(iv) to a unit in an Electronic Hardware Technology Park or Software Technology Park; or

 

(v)  supplied to the United Nations or an international organization for their official use or supplied to projects funded by them, on which exemption of duty is available under notification of the Government of India in the erstwhile Ministry of Finance (Department of Revenue) No.108/95- Central Excise, dated the 28th August, 1995, vide number GSR. 602 (E), dated the 28th August, 1995.

 

(b)     clearances bearing the brand name or trade name of another person, which are ineligible for the grant of this exemption in terms of paragraph 4.

 

(c)      clearances of the specified goods which are used as inputs for further manufacture of any specified goods within the factory of production of the specified goods;

 

(e)      clearances, which are exempt from the whole of the excise duty leviable thereon under notifications No. 214/86-Central Excise, dated the 25th March, 1986 (G.S.R.547(E), dated the 25th March, 1986), or No. 83/94-Central Excise, dated the 11th April, 1994 (G.S.R. 375(E), dated the 11th April, 1994), or No. 84/94-Central Excise, dated the 11th April, 1994 (G.S.R. 376 (E), dated the 11th April, 1994).]

 

This clause says that the aggregate value of clearances of all excisable goods is to be taken. This does not say whether the goods should be covered under this notification. Thus, it implies that it is available to units who are producing the goods which are ineligible to take SSI exemption. This also applicable to the units who are eligible to avail the SSI exemption but has forgone the same. This is normally done by the units who have industrial customers. Thus such units will also be eligible to take the credit. This is a welcome step.

 

2.       Payment of Excise Duty: In the Budget 2010, it has been provided that the small scale manufacturers (i.e. the units having the annual turnover of less than Rs. 4 crore in the preceding financial year) will have to pay excise duty on a quarterly basis. They are not required to pay duty monthly as was prescribed earlier. The payment of duty at quarterly basis is to be made from 1.04.2010 onwards.

 

3.       Filing of Returns: It had been prescribed in Budget 2010 that the small scale manufacturers are required to file returns at quarterly basis. This facility was already available to SSI units availing exemption under Notification No. 8/2003 cited supra. But now all the eligible small scale manufacturers, whether availing SSI exemption under Notification No. 8/2003-CE or not, are to file quarterly returns. Earlier they have to file within 20 days of close of quarter. But he has to file return within 10 days of close of quarter.

 

4.       SSI exemption on Brand Name: In the Notification No. 8/2003-CE it has been provided that the exemption under this notification will not be available to those units which are affixing the brand name or trade name of another person on their finished goods. However, the dispute arose after judgement of Apex Court in case of Kohinoor Elastic [2005 (188) ELT 3 (SC)]. It was said by the board that the duty will be payable on printed packing materials if the brand name of buyer is printed. Many associations have represented the matter and suitable amendment was done in notification 8/2003 by notification no. 8/2006-CE dated 01.03.2006. This was further amended from time to time to add more products. Thereafter field formations pursued for the earlier period demand and matter was taken up with the Board and retrospective amendment was also issued under Section 11C of Central Excise Act. In the above list of packing materials, two more packing material namely packing bottles and plastic containers are added. Thus, if the units manufacturing plastic containers and plastic bottles who are affixing the brand name or trade name of another person on the same, are eligible to avail exemption under Notification 8/03-CE. But the exemption is available from Feb 27. The department will again gear up to issue demand for the past period. Again representations will be sent and 11C notification will be issued by the Board for these commodities also. History repeats itself.

 

**********

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