Leaf No: 82

Month : Jan - Feb

Year : 2017

Greetings from Team SA!

 FM makes little indirect tax proposals in Union Budget in the wake of GST.

 Aadhaar made mandatory for subsidy.

 Government collects Rs 12000 Crore Swachh Bharat Cess during 2015-16 and 2016-17 (April to December).

 The Union Cabinet approves the amendment in the Modified Special Incentive Package Scheme (M-SIPS) to further incentivize investments in Electronic Sector moving towards ‘Net Zero imports' in electronics by 2020.

 Government is committed on bringing GST with effect from 1st July.

 Final GST law is expected to be in the public domain by the end of March, as informed by Mr Ram Tirath CBEC Member, in CII post budget interactive session.

 The Government is not thinking to hike service tax if GST roll out is delayed as stated by Mr Santosh Kumar Gangwar, Minister of State in the Ministry of Finance.

 The Urban Development Minister, Mr V Naidu, has urged the States and the UTs to implement the Real Estate (Regulation & Development) Act, 2016 from the first of May this year, as proposed in the Act.

 Foreign Exchange Management Act, 1999 (FEMA) Foreign Exchange (Compounding Proceedings) Rules, 2000 (the Rules) - Compounding of Contraventions under FEMA, 1999.

 Prohibition on Indian Party from making direct investment in countries identified by the Financial Action Task Force (FATF) as “Non Co-operative countries and territories”.

 Anti-dumping duty, imposed on Saccharine originating in or exported from China PR under Notification No. 07/2012-Customs (ADD), dated the 13.01.2012, extended for a further period of one year.

 Anti-dumping duty, imposed on Nylon Filament yarn originating in or exported from China PR, Chinese Taipei, Malaysia, Indonesia, Thailand and Korea R.P under Notification No. 03/2012-Customs (ADD), dated the 13.01.2012, extended for a further period of one year i.e. upto and inclusive of the 12.01.2018.

 Anti-dumping duty, imposed on Hot Rolled products of alloy or non-alloy steel originating in or exported from China PR, Japan, Korea RP, Russia, Brazil and Indonesia, vide Notification No. 44/2016-Customs (ADD), dt 08.08.2016, extended for a further period of two months.

 Anti-dumping duty, imposed on Cold Rolled Flat Products of alloy or non-alloy steel originating in or exported from China PR, Japan, Korea RP and Ukraine vide Notification No. 45/2016-Customs (ADD), dated the 17.08.2016, extended for a further period of two months.

 Import of Point of sale (PoS) terminal devices, its cells and batteries and labelling requirements thereof.

 D.O. Letter dt. 05-May-2016 from Alok Shukla, JS (TRU-I) - Customs.

 Passing of order under Section 110 of the Customs Act, 1962.

 D.O. Letter from JS (TRU-I) - Excise.

 D.O. Letter from JS (TRU-II) - ST.

 Notification No. 25/2012-ST dated 20.06.2012 amended.

 Service Tax Rules, 1994 amended.

 New entries for granting exemption from service tax on specified services in Notification No. 25/2012 - ST.

 Notification No. 6/2005 - Central Excise dated 1.3.2005 further amended

 Notification No. 42/2008-Central Excise dated 1.7.2008 further amended.

 6% concessional excise / CV duty prescribed on all items of machinery required for (a) initial setting up of fuel cell based system for generation of power or for demonstration purposes and (b) for balance of systems operating on biogas or bio-methane or by-product hydrogen

 Notification No. 12/2012 - Central Excise dated 17.03.2012 amended to carry out budgetary changes.

 Notification No. 16/2010 - Central Excise dated 27.2.2010 amended to carry out budgetary changes.

 Notification No. 30/2008 - Central Excise dated 1.7.2008 amended.

 Notification No. 11/2010 - Central Excise (N.T) dated 27.2.2010 amended.

 CENVAT Credit Rules, 2004 amended.

 Central Excise Rules, 2002 amended.

 High court affirms that a pre-deposit can be passed, even during pendency of second appeal against the orders of dismissal passed by first appellate authority in respect of non deposit of the pre-deposit - HYNOUP FOOD AND OIL INDUSTRIES LTD V STATE OF GUJARAT - 2017-TIOL-191-HC-AHM.

 When the assessee has chosen not to avail the alternative remedy, he cannot be permitted to rush to writ court after the limitation period  - VDB Projects Pvt Ltd V DCCT - 2017-TIOL-317-HC-KAR.

Revenue cannot reverse the ITC of a dealer, merely because, the selling dealer does not report the same - International Flavours & Fragrances India Pvt Ltd Vs ACCT - 2017-TIOL-238-HC-MAD

 When there is no actual sale made by assessee,  no liability can be accrued to the dealer in respect to sale of such goods - Videojet Technologies (I) Pvt Ltd Vs Assistant Commissioner (CT) - 2017-TIOL-262-HC-MAD.

 Amended Section 129E of Customs Act regarding pre deposit would apply to all appeals filed on or after 06th August 2014 - Anjani Technoplast Ltd V Commr of Customs - 2017 TIOL 35 SC CUS.

 When a rig is brought in to India for repair, it cannot be said that activity is an import attracting customs duty - CCE V Aban Loyd Chiles Offshore Ltd - 2017 TIOL 49 SC CUS .

 Activity of filing gases from tanker to cylinder and mixing more than one gases in specified proportion, does not amount to manufacture - CCE vs. Vadilal Gases Ltd - 2017-TIOL-34-SC-CX.

 If the purpose behind requirement of a matter to be heard by a bench of not less than two judges is to be achieved, in event of two judges being unable to agree either on facts or on law, matter should be heard by bench of larger strength instead of referring to third member - Pankajakshi V Chandrika - 2017 345 ELT 438 S.C.

 SC upholds Tribunal decision that ‘External Hard Disks’ are classifiable under Heading 8471 7030 & not under 8471 7020 as Hard disc drive - Fortune Marketing (P) Ltd V CCE., Mumbai - 2017-TIOL-39-SC-CUS.

 Change in management of company and present management unaware of liabilities cannot be reason for seeking exemption from liability to pay confirmed demands against old company - Vikas Hire Purchase Co. Ltd V CCE - 2017 48 STR 4 Ker.

 Person furnishing guarantee is not required to be informed about its invocation unless there is a requirement to said effect - Vivada Corpn. P. Ltd V Central Inland Water Transport Corp. Ltd - 2017 48 STR 13 (Cal.)

 Submission of documents as ARE 1 are only procedural and hence merely on ground of non submission of said documents, rebate claim shall not be rejected - Raj Petro Specialities V UOI - 2017 345 ELT 496 (Guj.)

 Documentary evidence has far greater weightage against oral evidence when there is a contradiction between both - Santogen Textiles Mills Ltd V CCE - 2017-TIOL-219-HC-MUM-CX.

 Period of limitation for filing rectification application before CESTAT starts running from date of dispatch of order and not from date of actual passing of order - Liladhar T Khushlani V Commr of Customs - 2017 TIOL 241 HC AHM CUS.

 Section 11AC cannot have retrospective effect and hence not applicable for show cause notice issued subsequent to date of enforcement of Section 11AC proposing penalty for period prior to said date - CCE Vs. OTIS Elevator Co. Pvt. Ltd - 2017 345 ELT 509 (Bom.)

 

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