Chartered Accountant
Bookmark and Share
 
 
Corporate News *  Wheat exports to Iran near certainde to help settle fuel import bill *  Forex reserves fall by $1.4 bn *  Incorporation of cos now turns tougher *  India wants quick resolution of EU crisis: Montek *  Consumer inflation surges to 10.36% *  GAAR provisions to be part of DTC, to come into effect in April 2013 *  April CPI food inflation increases to 10.18% *  India Q1 gold jewellery market suffered a 19% drop in demand: WGC *  New taxes drag demand for SEZs  *  As Rupee falls, exporters under pressure to offer discounts *  FM signals tough measures for hard times, austerity coming *  No SEZ status, we want Centre to give benefits: Mamata *  SEZs sputter on infrastructure woes, tax traps *  India to remove 'undue' export subsidies to textile industry *  US poultry industry welcomes Govt moving WTO against India *  India bows to US pressure, cuts Iran oil import by 11% *  Trade deficit can balloon to $262 bn *  Services export up at $12.89 bn in March *  FDI by Indian cos rise 9-fold to $72 bn *  Land acquisition Bill to cover more sectors *  NPPA asks cos to furnish price lists of medicines regularly, many found to be non compliant *  Plan to introduce DTC Bill in next Parliament session: FM *  Bharat Shah’s firm to pay Rs. 24 crore for illicit diamond procurement *  Govt concerned on suggested MSP rise *  Bilateral pacts may help India sustain exports of agri commodities *  Drop levy sugar carry forward norm, say Indian Sugar Manufacturing Association *  India Inc hit by high input costs & low demand, leading to squeeze in earnings & revenue growth *  Gold, silver lose sheen as risk-aversion dominates *  April inflation surge to 7.23% curbs rate-cut hope *  300% jump in gold export industry questions data *  US takes India to WTO over poultry import bar *  India's trade deficit lowest in 12 months *  India to grow at 7.5% in 2012-13: UN *  CAG for new framework for sick PSUs *  Industrial output slumps 3.5% in March; jolts market *  CAIT to launch nationwide campaign for FDI in retail *  Tax tweak may make some consumer goods cheaper *  Ashok Leyland cuts prices by 1% after excise duty relief *  Budget for 2012-13 has been formulated against background of railways' responsibilities in meeting demands of 12th Plan: PMO tweets
Subject News *  Credit taken on Invoices without supply of goods - Imposition of Penalty separately on Partner/Proprietor when penalty imposed on Firm - whether sustianable? {See PJ/Case Study/2012-13/07 in what’s new} *  Brokerage received – whether service tax leviable on reimbursable charges – prima facie case for pre-deposit made out {See PJ/Case Laws/2012-13/1069 in what's new} *  Fixing of rate of redemption fine on imports made in contravention of Legal provisions {See PJ/Case Laws/2012-13/1068 in what's new} *  Disallowing Modvat credit due to valuation done of semi-finished goods by adding Modvat element and rounding off the value to higher figure – whether justified? {See PJ/Case Laws/2012-13/1067 in what's new} *  Import of Goods - valuation by Department on value of non-contemporaneous imports-whether sustainable? - stay granted {See PJ/Case Laws/2012-13/1066 in what's new} *  Compounded Levy Scheme – duty liability can be discharged by utilizing Cenvat credit earned legitimately before opting for compounded levy {See PJ/Case Laws/2012-13/1065 in what's new} *  Board Circular cannot restrict the applicability of Tribunal’s decision in identical matters {See PJ/Case Laws/2012-13/1063 in what's new} *  Limitation – computation of - date of knowledge and date of issuance of SCN is relevant {See PJ/Case Laws/2012-13/1062 in what's new} *  Unjust enrichment - Whether issue of debit notes afterwards will discharge burden of non passing of incidence of duty? {See PJ/Case Laws/2012-13/1064 in what's new} *  Provision of promotion of funding business of bank classifiable under BAS as service provided to bank {See PJ/Case Laws/2012-13/1062 in what's new} *  SAD Refund - whether time limit prescribed by amending Notification no. 93/2008-Cus –  applicable retrospectively? {See PJ/Case Laws/2012-13/1061 in what's new} *  Cenvat Credit – Excess duty paid by Supplier - credit cannot be denied at buyer’s end {See PJ/Case Laws/2012-13/1060 in what's new} *  Notification granting Concessional rate of duty on Imports from Singapore amended - Import of Sanitary Towels (pads) or sanitary napkins at concessional rate {See Customs Tariff Notification No. 36/2012-Cus in what’s new} *  Capital Goods sourced from SEZ are ‘imported goods’ – Benefit under Para 5.2A available for import of spares for such Capital Goods with reduced EO {See DGFT Circular No. 65(RE-2010) in what’s new} *  Credit admissible only on Structural Components of Boilers and not on Angels, Channels used for support: Board clarifies {See Excise Circular 966/2012-Cus in what’s new} *  Gold imports set to fall on demand slowdown *  Government mulls wheat export to sort out storage crisis *  Government may offer incentives on exports of textiles, handloom and leather products *  Don't levy service tax on valuers: High court *  Take action against importer, EOW tells customs dept *  Govt allows import of arecanut by actual user *  SEZ port Codes accorded to 58 SEZs – applications to be filed using these codes {See DGFT Circular No. 64(RE-2010) in what’s new} *  Changes made in conditions & modalities for registration of contracts with DGFT for export of sugar {See DGFT Circular No. 63(RE-2010) in what’s new} *  Sharad Pawar meets dairy groups on export of milk powder *  TN State to get new port at Kattupalli *  GST: States to bargain hard with individual rates *  Regulations for Cargo Handling in Customs Areas amended – specified authorities notified {See Excise Non-Tariff Notification No. 43/2012-CE(NT) in what’s new} *  Conditions & Modalities for registration of contracts for export of sugar with DGFT notified {See DGFT Circular No. 62(RE-2010) in what’s new} *  Requirement of obtaining Export Release Order from Directorate of Sugar for export under Open general Licence is removed {See DGFT Notification No. 117(RE-2010) in what’s new} *  Imports of PVC Flex Film from two specified parties from China notified to be assessed provisionally till Review of levy of anti-dumping duty on them {See Customs Notification No. 24/2012-Cus(ADD) in what’s new} *  Anti Dumping Duty extended on import of Dry Cell batteries from China for one year pending review of continuing levy {See Customs Notification No. 25/2012-Cus(ADD) in what’s new} *  Anti Dumping Duty withdrawn from "Six Day Light Curing Press for curing bi-cycle tyres" imposed vide Notification levying duty on Tyre Curing Presses from China {See Customs Notification No. 26/2012-Cus(ADD) in what’s new} *  Notification No. 75/2005 exempting imports from Singapore of specified goods amended to revise Tariff headings {See Customs Tariff Notification No. 35/2012-Cus in what’s new} *  Notification No. 74/2005 exempting imports from Singapore amended to revise Tariff headings {See Customs Tariff Notification No. 34/2012-Cus in what’s new} *  Notification prescribing exemption for imports from Singapore amended to revise Tariff headings {See Customs Tariff Notification No. 33/2012-Cus in what’s new} *  Changes made in Notification granting Abatement for various goods under MRP based valuation under Section 4A of CEA, 1944{See Excise Non-tariff Notification No. 23/2012-CE(NT) in what’s new} *  SC upholds Powers of Central Excise officers to issue summons for recording evidence during investigations *  DGFT imposes restrictions on sugar exports *  Indirect tax mop-up rises 10% in April *  Gold smuggling thriving after lull; customs seize metal worth Rs9.3 crore *  Govt considering export of skimmed milk powder *  Review of deemed export chapter in FTP *  No cap likely on sugar export orders *  Financial hardship - unless balance of convenience clearly in favour of waiving pre-deposit, stay cannot be granted even if prima facie case made out {See PJ/Case Laws/2012-13/1059 in what’s new} *  Plea to refer matter to Larger Bench cannot be referred solely on account of prima-facie disagreement with Tribunal’s earlier orders {See PJ/Case Laws/2012-13/1059 in what’s new} *  No SCN can be issued when Service tax with interest paid before issuance of SCN {See PJ/Case Laws/2012-13/1058 in what’s new} *  Clearance of textile machinery parts without duty against invalidation of EPCG licenses - no specific provision granting exemption, only refund of terminal excise duty available {See PJ/Case Laws/2012-13/1057 in what’s new} *  Duty paid u/Protest – Matter in Assessee’s favour - Whether time limit of 6 months u/4th Proviso of Section 27(1) of Customs Act, 1962 applicable to Refund of said duty? {See PJ/Case Laws/2012-13/1056 in what’s new} *  Supply & arrangment for transportation of coal - Whether covered under Clearing & Forwarding Agent Service? {See PJ/Case Laws/2012-13/1055 in what’s new} *  Assessee registered u/BAS since 2004 – Whether for prior period i.e. 2000-2004, demand can be raised by classifying service under C&F Agent Service? {See PJ/Case Laws/2012-13/1055 in what’s new} *  Whether credit is available on outdoor catering service? {See PJ/Case Laws/2012-13/1054 in what’s new} *  Availability of Cenvat Credit only if services utilized in/in relation to output service provided & not for trading activity {See PJ/Case Laws/2012-13/1053 in what’s new} *  Penalty u/Sec. 11AC of CEA, 1944 - Whether can be exempted when suppression of fact & recovery was confirmed u/proviso to Sec. 11A(1)? {See PJ/Case Laws/2012-13/1052 in what’s new} *  Rent-a-cab service – Benefit of Abatement will be available if assessee reverses cenvat credit with interest {See PJ/Case Laws/2012-13/1051 in what’s new} *  Supply, installation, testing & commissioning for electrical, hydraulic & fire systems for underground Barakhamba Road Station (ND) – whether 'Erection, Installation & Commissioning Agency' service? {See PJ/Case Laws/2012-13/1050 in what’s new} *  Whether Education Cess is payable third time on DTA Clearances made by EOU - Appeal dismissed by HC on ground that appeal will lie to Apex Court {See PJ/Case Study/2012-13/06 in what’s new} *  Plan to export grains from central pool may be derailed *  Foreign trade policy to support slowdown-hit sectors this year *  Commercial Tax department to start survey of wedding halls, caterers *  Service tax on railway freight from July 1 *  US, EU question India's special import levies to 'safeguard' domestic industry from import *  Commercial Coaching center selling books, notes etc independently to non-students – whether value of books, notes etc to be included in assessable value of the service? {See PJ/Case Laws/2012-12/1010 in what’s new} *  IBA working on roll out of online transmission of BRCs: DGFT  

Comments

Select Event :
Article " Hard nut to crack -Service tax refund claim"
Department News


Query

  • Sir,Can a 100 % EOU export goods on payment of duty and claim rebate? please guide with authority.

    No, a 100% EOU cannot export goods by paying duty and later on claiming rebate. They are required to export under bond without payment of duty under R  ...
  • Sir,We are manufacturer, since service has been rendered before 31.03.12 and bill has also been raised before 31.3.12, only the transporter bill i.e post of delivery (LR)and payment received after 1.4.2012,and In the customer Invoice charge service tax 10.3%. kindly advice the effective rate of tax will be 10.30%?

    The query is not clear. We understood the query as under:- You are manufacturer and getting services of GTA. LR raised as well as goods delivered bef  ...
  • Dear Sir, We are supplying the automobiles parts to an automobiles co. we had supplied some parts during the time of Jan- 2012 to March-2012, now automobile company has increased & amended the purchase order retrospectively the price of our parts supplied to them from our co. Now, we have to raise the supplementary invoice due to the rate revision for duty difference but, the rate of excise duty has been change from 10% to 12% from 17.03.2012., So if today, I want to raise the Excise invoice what should be the rate of Excise duty i.e 10 or 12%. Pls. give your opinion on the issue with supporting rules, regulation, case law etc. Regards, Sanjay Sharma

    The rate of duty is payable on the date of clearnace of goods from the factory. Hence the duty is payable @10% in instant case. However, the interest   ...
  • Query The Assessee is a News Paper publishing Company and prints and sale its own newspaper. It has spare printing capacity and at times does printing of News Papers as Job work (above Rs. 10 Lacs) for other small newspaper vendors / Other Publishers. 1. Whether the assessee is liable to charge Service Tax on this Job work? 2. Whether considering the notification No-8/2005, it would be liable to charge Service Tax? 3. Whether this job work of printing can get Service Tax exemption considering the Notification no-14/2004? Please advice.

    No service tax is required to be collected for jobwork done of printing as the Notification No. 14/2004-ST dated 10.09.2004 clearly exempts service pr  ...
  • After 01.04.2008 on which situation service tax credit on outward fright is allowed

    As per clarification given in Board Circular no. 97/8/2007 dated 23-8-2008, the Credit of Service Tax on Outward freight will be allowed if the follow  ...
  • Since service has been rendered & estimate has been given before 31.03.12 but final bill has not been raised till 22nd April 2012. At which service tax rate the invoice should be raised?

    This question relates to point of taxation when there is change in rate of duty. It has two replies depending upon the category of service provided by  ...
  • Respected Sir, Can proceedings of sending show cause notice for levy of service tax, interest and penality be initiated on Legal Rep's after the death of Proprietor. Your expert advice and help shall be highly appreciated.

    There is no provision in the Central Excise law or the rules framed there under for such an action. No action can be taken against the Legal represent  ...
  • I manufacture gold jewellery on gold issued from jeweller(Exporter). My anual labourrecieved is 15 lac.My personel stock is 20 lac&annual sale is 9 lac.Am I liable to servicetax or exciseduty

    The manufacture of Gold is on jobwork basis and for this the supplier is required to obtain registration. The excise duty liability is on the supplier  ...
  • Dear Sir, whether zinc sulphate is classified under heading 283329 (Agriculture grade zinc sulphate ordinarily used as micronutrient) or under heading 31(All goods, other than those which are clearly not to be used as fertilizers).

    The classification of Zinc Sulphate will be under heading 283329 if it is of agriculture grade and is ordinarily used as a micronutrient. Chapter 31 d  ...
  • Sir we purchase Pig Iron from a Unit which is Export Oriented Unit on domestic sale has to pay BCD and CVD their is changes in budget regarding exemption of cess, pls clarify which cess exempted and which is still leviable and can be take credit of the cess.

    The educaiton cess and SHE cess on CVD is exempted but the custom educaiton cess and Custom SHE cess is still applicable. But the credit was available  ...
 
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