Leaf No: 83 Month : Feb - Mar Year : 2017

Greetings from Team SA!

 Union Cabinet has given its approval for India's accession to the Customs Convention on International Transport of Goods under cover of TIR Carnets (TIR Convention) and for completion of necessary procedures for ratification, for its entry into force.

 Government has said that no one will be deprived of the benefits for lack of Aadhaar.

 CBDT has taken a serious note of the lax approach towards filing of prosecution and clearing of pendency of compounding applications.

 WTO Members hailed the entry into force of the Trade Facilitation Agreement which seeks to expedite the movement, release and clearance of goods across borders and creates a significant boost for the multilateral trading system.

 The Appointment Committee of Cabinet has approved the appointment of B.P.Kanungo to the post of Deputy Governor, RBI.

 Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) (Second Amendment) Regulations, 2017.

 Amendment in the list of Military Stores requiring NOC for export purpose.

 The facility for export and re-import of cut and polished diamonds at zero duty for the purpose of certification / grading has been extended to the authorized offices / agencies in India of laboratories mentioned under paragraph 4.74 of HOP 2015 - 20.

 Paragraph 4.34(i) of FTP 2015-20 related to replenishment of Precious metals is amended.

 Corrigendum to Notification No. 40/ 2015-2020 dated 23.02.2017.

 Amendment in procedure for seeking modification in IEC is notified.

 Deletion of MEIS benefit on Flour, meal and powder of Gaur seeds under Exim Code 11061000.

 Harmonising MEIS Schedule in the Appendix - 3B with ITC (HS), 2017.

 Definitive anti-dumping duty imposed on Seamless tubes, pipes and hollow profiles of iron, alloy or non-alloysteel (other than cast iron and stainless steel), whether hot finished or cold drawn or cold rolled of an external diameter not exceeding355.6 mm or 14" OD originating in,or exported from the People's Republic of China.

GST UPDATES

 IGST and CGST Model Laws approved by the GST Council.

 Centre may try to table the Model GST Bills in the House on March 27.

 GST Council is to meet again on 16th March, 2017.

 GST Council has decided to offer the Composition Scheme to restaurants up to a turnover of Rs 50 lakh but the tax rate would be 5%.

 Expansion of 24x7 Customs clearance and clarification of levy of MOT charges in CFSs attached to 24x7 ports.

 Exemption from drawal of samples for the purpose of grant of drawback to the AEO certificate holders.

 Acceptance of e-BRC of DGFT towards proof of realization of sale proceeds for exports with LEO date upto 31.03.2014 under drawback scheme.

 Guidelines for launching of prosecution in relation to offences punishable under Customs Act, 1962.

 Regarding classification of Selfie Sticks with or without Bluetooth.

 Classification of articles of paper and printing industry.

 Master Circular on Show Cause Notice, Adjudication and Recovery.

 Periodicity of CAS-4 certificates.

 Applicability of service tax on the services by way of transportation of goods by a vessel from a place outside India to the customs station in India w.r.t. goods intended for transshipment to any country outside India.

 Services by the operators of Common Effluent Treatment Plant by way of treatment of effluent from the 1st of July 2012 to 31st of March 2015.

 Service Tax payable by way of admission to a museum.

 Notification No.25/2012 - Service Tax, dated 20.6.2012 amended.

 Notification No.09/2012-Cus reg. enabling authorised offices or agencies in India of the laboratories mentioned under para 4.74 of HBP 2015-20 amended.

 Tariff value in respect of Fixation of tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Silver notified.

 Rate of exchange of conversion of the foreign currency with effect from 17th February, 2017.

 Notification No.62/1994-Customs (N.T.) amended.

 Courier Imports and Exports (Clearance) Amendment Regulations, 2017.

 Notification No. 31/97-Cus (N.T) dated 07.07.1997 amended.

 Amendment of Notification No. 384/86-Cus (N.T) dated 23.07.1986.

 Post - sale discounts through credit notes eligible for deduction - Intention of legislature not to restrict deduction to discount reflected in sale invoice - Southern Motors V State of Karnataka & Ors - 2017 98 VST 207 (SC).

 Gas supplied from Bombay High through pipeline to unit in Gujarat - Dealer under bonafide belief collecting tax under Gujarat Act and depositing with Department, not a case of violation of provision of section 56 - ONGC Ltd.,& Anr V State of Gujarat & Ors - 2017 98 VST 241 (Guj).

 Gases coming in tankers and their repacking/relabeling did not amount to manufacture and mixing of gases and making them available to consumers in small cylinders, did not make gases marketable - Commissioner of Central Excise, Vadodara V Vadilal Gases Ltd - 2017 346 E.L.T. 161 SC.

 Denial of request of cross examination of witnesses in a cursory manner without assigning any reason, not sustainable in view of guidelines of Apex Court in 2015(324) E.L.T. 641(S.C.) – Hindustan Mint & Agro Products P. Ltd. V UOI - 2017 346 E.L.T. 206 ALL.

 Right for retesting of samples is statutorily conferred by Excise Manual of Supplementary Instructions 2005, Chapter XI on Samples, Para 8.89. Denial of this statutory right violates principles of natural justice resulting into serious civil and criminal liability – Katyal Industries V UOI - 2017 346 E.L.T. 218 ALL.

 Endorsement of postal authorities that ‘there is nobody in the factory’ does not amount to refusal or be read as factory is closed. Fresh steps ought to be taken for service in manner prescribed under law - Pioneer Glass Industries V Commissioner of Central Excise - 2017 48 S.T.R. 409 All.

 Definition of goods includes currency and hence seized currency can be released on payment of redemption fine - Commr of Customs V Rajinder Nirula - 2017 346 ELT 9 (Bom.)

 Single application in respect of two show cause notice can be filed before Settlement commission when the notices are in pursuance of common cause of action - Door Deco Industries V CESTAT - 2017 346 ELT 323 (Del.)

 Finding of Fact by Settlement commission not open for examination either by Highcourt or Supreme Court - Standard Shoe Sole and Mould (I) Ltd V CCE 2017 346 ELT 5 (Mad.).

 Sale of coffee and tea through vending machines installed at customer's premises would not fall within ambit of Outdoor Catering Service - Perfect Vending India Pvt Ltd V CESTAT - 2017 TIOL 442 HC MAD ST.

 CA certificate regarding unjust enrichment and other documents on oath should normally be believed unless there are grounds and reasons to disbelieve same - Hero Motocorp Ltd V Commr of Customs 2017 48 STR 225 (Del.)

 Refund due to assesee cannot be withheld merely because Department has filed SLP before Supremecourt against order in favour of assesee - Shiva Shankar Minerals Pvt Ltd V GOI - 2017 48 STR 346 A.P.

 Principle of unjust enrichment is not applicable when amount deposited during investigation is shown in balance sheet under ‘other Current assets’ - CCE Vs. UT Ltd - 2017 48 STR 437 (All.)

 Merely because site formation activity is undertaken on land recorded as agricultural land does not mean that service relating to agriculture has been performed - NKG Infrastructure Limited V UOI - 2017 346 ELT 109 (All.)

 

 

   swamy associates © 2014
mail@swamyassociates.com
www.swamyassociates.com
Find us on google map Disclaimer