Respected Dipak Shah,
In this newsletter, we summarize the important amendments, Case laws and current issues in the field of indirect taxes of the past week. We hope this newsletter help you to abreast of all the latest happening in the indirect tax discipline and information needs. We look forward for your feedback at pradeep@capradeepjain.com. |  | | Publish Date:29/09/2012 | PJ/Weekly Newsletter/2012-13/026 | | Tickers | | Subject News | | • | Simplify laws for easy tax collection: CVC | | • | Govt hopeful of meeting tax targets | | • | FM abolishes import, excise duties on non-subsidised LPG cylinders | | • | India's $360 bn export target unlikely as demand weakens | | • | State govt reluctant to ban gutkha, may tell HC as much | | • | Are by-products and waste products excisable? | | • | Man held with 8kg of gold at Sanganer airport | | • | Pending cases for clubbing of advance authorizations of prior to 31.3.12 disposed of [See policy circular no. 05(RE-2012)/2009-14] | | • | Meeting tax revenue projections through self-assessment | | • | IRDA moots tax sops for life insurers | | • | Goods & Services Tax 'bigger than second generation reforms' | | • | Value still the basis for Customs duty, even if material expands in volume | | • | Steel imports grow 40% to 3.35 mt in April - August | | • | Anti-dumping duty imposed on Paracetamol [See Notification No. 42/2012-Cus(ADD)] | | • | Anti dumping duty imposed on resin & other organic substances if imported from China, Indonesia, Mal aysia & Shrilanka [See Notification no. 43/2012-Cus(ADD)] | | • | Anti-dumping duty on paracetamol imports from China extended by 1 more year | | • | Anti-dumping duty on paracetamol imports from China extended by 1 more year | | • | GST is More Effective and Efficient Substitute for Plethora of Indirect Taxes: FM | | • | New Credit Card Services Available to Tax Preparation Service Providers | | • | Conduct study on perception of corruption: CVC to IT, Excise | | • | Service tax on AC and first class rail fares from Oct.1 | | • | Chidambaram sharpens tax axe for the big fish | | • | Kingfisher owes Rs 60 Cr. in service tax outstanding: Tax dept | | • | Refund of taxes on farm machinery raw materials | | • | The anti-d umping duty on imports of Presensitised Positive offset aluminium Plates/PS plates from China PR extended upto 23.09.2013 [See Notification no. 44/2012-cus(ADD)] | | • | Chief commissioner will have jurisdiction over an order passed by an officer subordinate to Commissioner (Appeals) [See Notification no. 85/2012-cus] | | • | Adjudicating authority appointed [See Notification no. 86/2012-cus(NT)] | | • | Adjudicating authority appointed [See Notification no. 87/2012-cus(NT)] | | • | Adjudicating authority appointed [See Notification no. 88/2012-cus(NT)] | | • | Adjudicating authority appointed [See Notification no. 89/2012-cus(NT)] | | • | Importers shall be able to import various items under ISFTA from all EDI ports [See Notification no. 16/(RE-2012)/2009-14] | | • | Service tax refund may pose a problem to rail passengers | | • | No service tax on rail tickets before Oct. 1 | | • | Refund procedures for service tax simplified | | • | Bring down excise, service tax to 8%, Kelkar panel recommends | | • | Chidambaram abolishes duty on non-subsidised LPG cylinders | | • | Condonation of delay of 730 days is also allowed when there was bonafide belief that there will be common appeal by firm and partner {See PJ/Case Laws/2012-13/1236 in what's new} | | • | Whether the pick up and drop facility of employees by bus is liable to service tax {See PJ/Case Laws/2012-13/1237 in what's new} | | • | Whether appellate commissioner order sanctioning refund should be deemed to be order passed under Sub-Section (2) of Section 11B {See PJ/Case Laws/2012-13/1238 in what's new} | | • | Whether Modvat credit on rejected goods is admissible on party's own invoice {See PJ/Case Laws/2012-13/1239 in what's new} | | • | Is manufacturer eligible to take Cenvat credit on Insurance premium paid by labour Contractor {See PJ/Case Laws/2012-13/1240 in what's new} | | &# 8226; | No amount can be retained by department without confirmed demand- refund allowed {See PJ/Case Laws/2012-13/1241 in what's new} | | • | Whether Service Tax on treatment and recycling of effluents and solid waste by club or association only is exempted{See PJ/Case Laws/2012-13/1242 in what's new} | | • | Interest is payable on taking of credit. There is no requirement of mesa rea for imposition of Penalty under Rule 15 of CCR, 2004 {See PJ/Case Laws/2012-13/1243 in what's new} | | • | Whether the assessee as a builder i s liable for the service tax on Construction of Residential Complexes when there is no intermediary in between {See PJ/Case Laws/2012-13/1244 in what's new} | | • | On success of the appeal of the appellant, whether the appellant could take suo moto credit of pre-deposit {See PJ/Case Laws/2012-13/1245 in what's new} | | | | | |
| Amendments | | | | DGFT |
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| | CIRCULAR |
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| | • 05(RE-2012)/2009-14, Dated: 21/09/2012 |
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| | In Public Notice No. 79(RE-2010)/2009-14 dated 13.10.2011clubbing of the Authorisations issued during Exim Policy period 1992-1997 & 1997-2002 i.e., 1st April 1992 to 31st March, 2002 allowed. This facility was available only till Read More |
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| | | | NOTIFICATION |
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| | • 16(RE-2012)/2009-14, Dated: 26/09/2012 |
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| | Import Licensing Note (4) at the end of Chapter 25 and Import Licensing Note at serial no. (2) of Chapter 68 of ITC (HS) Classifications of Export and Import Items has been deleted by which Import of items under ITC (HS) Codes 25151100 Read More |
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| | | Custom |
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| | TARIFF NOTIFICATION |
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| | • 42/2012-Cus(ADD), Dated: 19/09/2012 |
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| | By Notificat ion No. 99/2007-Customs, dated the 03.09.2007, anti-dumping duty was imposed on 'Paracetamol', falling under heading 2922 originating in, or imported from, the People's Republic of China. Now, therefore, it is notified t Read More |
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| | | | • 43/2012-Cus(ADD), Dated: 21/09/2012 |
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| | Anti dumping duty has been imposed on resin or other organic substances bonded wood or ligneous fibre boards originating in, or exported from, China PR, Indonesia, Malaysia and Sri Lanka Read More |
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| | | | • 44/2012-Cus(ADD), Dated: 25/09/2012 |
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| | Anti Dumping Duty on Pre-sensitized Positive Offset Aluminum Plates originating in, or exported from, China PR and some other countries as mentioned in notification was imposed by Notification No. 108/2007-Cus Dated 25.09.2007. This notific Read More |
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| | | | • 45/2012-Cus(ADD), Dated: 25/09/2012 |
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| | By Notification No. 17/2008, anti-dumping on imports of 'phosphoric acid, technical or food grade (includin g industrial grade)', falling under sub heading 280920 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originat Read More |
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| | | | NON TARIFF NOTIFICATION |
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| | • 85/2012-Cus(N.T.), Dated: 26/09/2012 |
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| | By Notification No.16/2002-Customs (N.T.) dated the 7.03.2002 the Jurisdiction of Customs Appellate Commissioners has been notified. Now this notification is superseded and jurisdiction of Chief Commissioners of Customs has been notified with re Read More |
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| | | | • 86/2012-Cus(N.T.), Dated: 26/09/2012 |
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| | Joint Commissioner or Additional Commissioner of Customs, Custom House, Navrangpura, Ahmedabad, will be adjudicating authority over the Show Cause Notice relating to M/s Aries Dye-Chem Industries, C-1/260, Phase-II, GIDC Vatva, Ahmedab Read More |
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| | | | • 87/2012-Cus(N.T.), Dated: 26/09/2012 |
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| | Joint Commissioner or Additional Commissioner of Customs (Imports), Jawaharlal Nehru Custom House, Nhava Sheva, Raigad, Maharashtra, will be adjudicating authority over the Show Cause Notice pertaining to M/s Jojojem Int Read More |
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| | | | • 88/2012-Cus(N.T.), Dated: 26/09/2012 |
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| | Joint Commissioner or Additional Commissioner of Customs (Preventive), Sarda House, Bedi Bunder Road, Jamnagar, will be adjudicating authority over the Show Cause Notice pertaining to M/s Faizco, Crossway Complex, 4th&nb Read More |
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| | | | • 89/2012-Cus(N.T.), Dated: 26/09/2012 |
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| | Joint Commissioner or Additional Commissioner of Customs (Import), Jawaharlal Nehru Custom House, Nhava Sheva, Raigad, Maharashtra, will be adjudicating authority over the Show Cause Notice relating to M/s PR Agro Nutri (Pvt.) Ltd Read More |
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| | | | • 90/2012-Cus(N.T.), Dated: 28/09/2012 |
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| | The Tariff Value of Gold, in any form, in respect of which the benefit of entries at serial numb er 321 and 323 of the Notification No. 12/2012-Customs dated 17.03.2012 has now been increased from US$ 563.50 per 10 grams to US$ 573 per 10 grams a Read More |
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| | | Service Tax |
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| | NOTIFICATION |
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| | • 47/2012-ST, Dated: 28/09/2012 |
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| | The Service tax Rules, 1994 has been further amended. It has been notified that every assessee shall submit the Form 'ST-3' by the 25th day of October, 2012 and provided that the same shall cover the period between 1st April&nbs Read More |
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| Case Laws | | | | • | PJ/Case Laws/2012-13/1236 |
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| | Case:- M/S NEW ERA METALS VS COMMISSIONER OF CENTRAL EXCISE, VAPI
Citation: - 2012-TIOL-1232-CESTAT-AHM
Issue: -Condonation of delay of 730 days is also allowed when there was bonafide belief that there will be common appeal by firm and partner. Read More |
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| | | • | PJ/Case Laws/2012-13/1237 |
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Case:- M/S PEARL TRAVELS VS COMMISSIONER OF CENTRAL EXCISE, DAMAN
Citation: - 2012-TIOL-1195-CESTAT-AHM
Issue: - Whether the pick up and drop facility of employees by bus is liable to service tax? Read More |
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| | | • | PJ/Case Laws/2012-13/1238 |
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Case:- COMMISSIONER OF CENTRAL EXCISE & CUSTOMS, HYDERABAD VS M/S SHANTI AUTO (P)
Citation: - 2012-TIOL-1192-CESTAT-BANG
Issue: - 1) Whether appellate commissioner order sanctioning refund should be deemed to be order passed under Sub-Section (2) of Section 11B?
2). whether revenue is liable for payment of interest on account of delay in sanction of refund? Read More |
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| | | • | PJ/Case Laws/2012-13/1239 |
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Case: - COMMISSIONER OF C. EX., MEERUT-II VERSUS POLYPLEX CORPORATION LTD.
Citation: - 2008 (224) E.L.T. 46 (UTTARAKHAND)
Issue: - Whether Modvat credit on rejected goods is admissible on party's own invoice? Read More |
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| | | • | PJ/Case Laws/2012-13/1240 |
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Case:-2012 (279) E. L.T. 423 (Tri. – Bang)
Citation:-Commissioner of Central Excise, Tirupati versus India Cements Ltd.
Issue:-Is manufacturer eligible to take Cenvat credit on Insurance premium paid by labour Contractor? Read More |
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| | | • | PJ/Case Laws/2012-13/1241 |
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| | Case:-Commissioner of Central Excise., Chandigarh versus Shiv Saraswati Steel Industries
Citation:- 2012 (279) E.L.T. 415 (Tri- Del)
Issue:- No amount can be retained by department without confirmed demand- refund allowed. Read More |
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| | | • | PJ/Case Laws/2012-13/1242 |
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| | Case:- VAPI WASTE & EFFLUENT MANAGEMENT CO vs CCE, DAMAN
Citation:-2012-TIOL-1104-CESTAT-AHM
Issue:-Whether Service Tax on treatment and recycling of effluents and solid waste by club or association only is exempted Read More |
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| | | • | PJ/Case Laws/2012-13/1243 |
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| | Case:- Commissioner of Central Excise, Jaipur-I versus Videocon Industries Ltd.
Citation:- 2012(279) E.L.T. 438 (Tri-Del)
Issue:- Interest is payable on taking of credit. There is no requirement of mesa rea for imposition of Penalty under Rule 15 of CCR,2004. Read More |
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| | | • | PJ/Case Laws/2012-13/1244 |
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| | Case: - SKYLINE CONSTRUCTION AND HOUSING PVT LTD. Vs COMMISSIONER OF CENTRAL EXCISE, BANGLORE
Citation: -2012-TIOL-1078-CESTAT-BANG
Issue:-Whether the assessee as a builder is liable for the service tax on Construction of Residential Complexes when there is no intermediary in between. Read More |
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| | | • | PJ/Case Laws/2012-13/1245 |
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Case:-M/S SHARDA FORGING AND STAMPING P LTD V/S COMMISSIONER OF CENTRAL EXCISE, GHAZIABAD
Citation: - 2012-TIOL-1216-CESTAT-DEL
Issue:- On success of the appeal of the appellant, Whether the appellant could take suo moto credit of pre-deposit? Read More |
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| | | | Case Study | | | | • | PJ/CASE STUDY/ 2012-13/25 |
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| | There was big dispute on this count between the department and hotel industry. The rooms are booked along with Mandap in the hotel. The department says that room rent is part and parcel of Mandap and the service tax is payable on complete amount. But the Hotel industry says that there was no service tax on rooms at the relevant time and no function takes place in the rooms. Hence, it cannot be treated as Mandap. The CBEC clarified by its circular that Mandap means Halls, rooms etc. let out by Hotels, restaurants for consideration for organizing social, official or business functions are covered within the scope of "mandap", and such hotels and restaurants are covered within the scope of "mand ap keeper". The department relies on the same but the service provider interoperates that circular clearly says that the rooms should be used for organizing functions but no function takes place in the rooms. This is the dispute under current case study. Read More |
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| | | | Queries | | | | • | Sir, As per our contract, the client will deduct 10% amount from our RA Bill and release it after successfully completed of JOB. My Quaries are: 1. Whether the Service tax Will be charged on Gross Amount of Bill or After Deducting Retention amount? Regards, CMA Utpal Kumar Saha |
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| | Service tax will be leviable on gross amount charged i.e. including retention charges because retention charges is also part of value of service. Morever, service tax is payable on invoice raised or payment received whichever is earlier. We have to pay the tax on complete invoice amount. Read More |
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| | | • | Sir, Whether curing of coffe beans on job work charges will attract Service Tax in the new Service Tax regime in view of the fact that plantation is also included as agriculture produce tks krishnas |
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| | The services relating to agriculture or agricultural produce that are specified in the Sl. No. (d) in the negative list are services relating to – • agricultural operations directly related to production of any agricultural produce including cultivation, harvesting, threshing, plant protection or seed testing; • supply of farm labour; • processes carried out at the agricultural farm including tending, pruning, cutting, harvesting, drying cleaning, trimming, sun drying, fumigating, curing, sorting, grading, cooling or bulk packaging and such like operations which do not alter essential characteristics of agricultural produce but makes it only marketable for the primary market; • renting of agro machinery or vacant land with or without a structure incidental to its use; • loading, unloading, packing, storage and warehousing of agricultural produce; • agricultural extension services; • services provided by any Agricultural Produce Marketing Committee or Board or services provided by commission agent for sale or purchase of agricultural produce; The activity 'curing' is covered under the 3rd sl. No. of above exemption but the essential character of this exemption is that "operations which do not alter essential characteristics of agricultural produce but makes it only marketable for the primary market". If the process undertaken by you falls under above category (i.e. essential character of agriculture produce will not change), the service tax will not be applicable. Read More |
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| | | • | Is service tax payable by the authorised service centres on the commission earned on the insurance offered to the their customers. |
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| | Under new concept of negative list, service tax will be leviable when an activity is covered under definition of 'service' and not covered under the negative list and mega exemption notification. 'Service' has been defined in clause (44) of the new section 65B and means – "any activity carried out by a person for another for consideration and includes a declared service." Hence the above mentioned activity in query covers under the definition of Service. Further your activity is neither covered under Negative list nor under Mega exemption Notification 25/2012-ST therefore will service tax be leviable. Read More |
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| | | • | when we sold capital golds where we have show excise duty of the capital goods in ER-1 Return. Please advice |
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| | When Capital goods are sold, it is treated as "as such removed" so its duty should be reversed. In ER-1 under point no. 5 (Details o Cenvat Credit taken and utilized) it is to be shown in column of "credit utilized when capital goods are removed as such. Read More |
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| | | • | Hello, Kindly let me know the service tax rate applicable for sole proprietorship or for women entrepreneur Regards, Anu |
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| | In terms of the charging provisions contained in Section 66B, service tax is levied @ 12.36% on the value of taxable services. Irrelevant of the nature of concern or owner's identity (whether male/female) rate of service tax applicable will be same for all. However there are some services which cover under the definition of 'Service' but are exempt from payment of service tax but that depend upon the nature of service provided. Read More |
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