Saturday, November 10, 2012

[aaykarbhavan] Fw: Pre-Print Highlights of GSTR from CLI




----- Forwarded Message -----
From: "info@cliofindia.com" <info@cliofindia.com>
To: newsletter@cli.in
Sent: Saturday, 10 November 2012 2:43 AM
Subject: Pre-Print Highlights of GSTR from CLI

CLI
www.cliofindia.com
info@cliofindia.com

GOODS AND SERVICE TAX REPORTS (GSTR) HIGHLIGHTS


ISSUE DATED 12.11.2012

Volume 17 Part 2


SUPREME COURT
ENGLISH CASES
JOURNAL
NEWS-BRIEFS


HIGH COURT



F Services rendered outside India by non-resident not liable to service tax prior to 18-4-2006 when section 66A was introduced : Inductotherm (India) P. Ltd. v. Union of India . . 111

F Where sufficient safeguards incorporated in Tribunal's order to ensure goods fit for human consumption, authorities directed to provisionally release confiscated goods : Avenue Impex v. Commissioner of Customs. . .117

F Goods detained and subjected to tests by port authorities, to be released on being certified fit for human consumption : Unik Traders v. Commissioner of Customs. . 124

F High Court empowered to review its own decision in absence of express provisions : VIP Industries Ltd. v. Commissioner of Central Excise. . .134

F Delay in filing review petition to be condoned on good and sufficient cause shown : VIP Industries Ltd. v.Commissioner of Central Excise. . .134

F Where relief sought before High Court without question of law being framed, debatable : Neminath Fabrics P. Ltd. v. Commissioner of Central Excise . . .146

F Where demand of excise duty dropped, imposition of penalty does not arise : Commissioner of Central Excise v. Krishna Sahakari Sakkare Karkhane Niyamat . . .153

F Cenvat credit of basic excise duty can be utilised for payment of education cess : Union of India v. Kamakhya Cosmetics and Pharmaceutical P. Ltd. . . .155

F Order refusing revalidation of duty credit scrip appealable : P.S.G. Steell P. Ltd. v. Union of India . . . 157

F Where discrepancy in goods common and inseparable two different orders cannot be passed holding one set of goods smuggled : Nivaram Chopaji Devasy v. Union of India . . 160


CESTAT ORDERS



F Higher duty and penalty cannot be recovered under customs law for infringement of other enactments : Computation of duty based on misdeclared value not permissible : Sundaram Finance Ltd. v. Commissioner of Customs . . .81

F Additional Director General and Director of Revenue Intelligence appointed as Commissioner of Customs empowered to assign functions as proper officer to any officer of customs : Sundaram Finance Ltd. v. Commissioner of Customs . . .81

F Where lessor-bank and lessee jointly filing bills of entry, different values for calculating duty and imposing penalty not sustainable : Sundaram Finance Ltd. v. Commissioner of Customs . . 81

F Where matter remanded to verify use of capital goods on which Modvat credit taken, adjudicating authority to identify credits involved in each item and arrive at amount to be disallowed : Kisan Sahkari Chinni Mills Ltd.v. Commissioner of Central Excise . . .103

F Where Department not seeking enhancement of penalty and order becoming final, authority not entitled to go beyond order of remand and impose higher penalty : Kisan Sahkari Chinni Mills Ltd.v. Commissioner of Central Excise . . .103


STATUTES AND NOTIFICATIONS



F Notifications :

F Customs Act, 1962 :

F Notification under section 25(1) :

Exemption to certain goods imported from Singapore : Amendments . . . 21


COMPANY LAW INSTITUTE OF INDIA PVT. LTD.
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T.Nagar, Chennai - 600017.
Phone: (044) 24350752 - 55
Fax: (044) 24322015
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