Saturday, January 19, 2013

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




----- Forwarded Message -----
From: "info@cliofindia.com" <info@cliofindia.com>
To: newsletter@cli.in
Sent: Saturday, 19 January 2013 7:22 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 21.1.2013

Volume 18 Part 3


ENGLISH CASES
CESTAT ORDER
JOURNAL
NEWS-BRIEFS


SUPREME COURT


F Whether Cenvat credit permissible on duty-paid low sulphur heavy stock used as input for manufacture of fertilizer, matter referred to larger Bench : Commissioner of Central Excise v. Gujarat Narmada Valley Fertilizers Co. Ltd. . . . 191


HIGH COURT


F Penalty cannot be imposed on assessee-company for transactions done by original company : Commissioner of Central Excise v. Xenon . . . 149

F Demand set aside after five years without ascertaining whether inputs used for manufacture of final products, matter remanded : Commissioner of Central Excise v. Jindal Vijayanagar Steel Ltd. . . . 156

F Where payment of excess duty by mistake, and assessee not passing on burden of duty on customers, entitled to refund of duty : Commissioner of Central Excise v. Jineshwar Malleable and Alloys . . . 159

F Interest leviable under section 11AB of 1944 Act on short-payment or short-levy of duty on date removal of goods : Commissioner of Central Excise v. Presscom Products . . . 163

F Power of Appellate Tribunal to grant stay of order incidental and ancillary to appellate jurisdiction : Commissioner of Central Excise v. Indian Oil Corporation . . . 175

F Where pleadings of policy holder that model premium stated in schedule inclusive of tax not controverted, Insurance company not entitled to claim service tax separately : Max New York Insurance Co. Ltd. v. Insurance Ombudsman . . . 186

F Existence of alternate remedy not bar to maintaining writ petition on violation of principles of natural justice : Gaunir Impex P. Ltd. v. Commissioner of Customs . . . 198

F Where existence of high seas sales contract between importer and company, liability for revenue arrears of other persons cannot be fastened on importer : Leo Enterprises v. Commissioner of Customs . . 202

F Where delay of pre-deposit was condoned and entire amount paid in instalments, order dismissing appeal for failure to comply with the direction to pre-deposit set aside : Aggarwal Steel Rolling Mills and Metal Industries v. Customs, Excise and Service Tax Appellate Tribunal . . 206


STATUTES AND NOTIFICATIONS



F C. B. E. C. Circulars :

Circular No. 29/2012-Customs, dated 7th December, 2012-Functional control of special valuation branches-Regarding . . . 50

F Rules :

Service Tax (Fifth Amendment) Rules, 2012 . . . 51

F Notifications :

F Central Excise Act, 1944 :

Notification under section 5A(1) :

Withdrawal of duty exemption in respect of goods for setting up of mega/ultra mega power projects : Corrigendum . . . 66

F Customs Act, 1962 :

Notification under section 7(1)(aa) :

Appointment of customs ports for specified purposes : Amendments . . . 64

Notification under section 14 :

Exchange rate of foreign currency for import/export of goods with effect from 17th November, 2012 . . . 61

Notification under section 14(2) :

Rates of basic customs duty on specified goods : Amendments . . . 60, 63

Notification under section 25(1) :

Withdrawal of duty exemption in respect of goods for setting up of mega/ultra mega power projects : Corrigendum . . . 66

F Customs Tariff Act, 1975 :

Notification under section 8C(1) :

Levy of safeguard duty on import of carbon black from China . . . 64

Notification under section 9A(1) and (5) :

Anti-dumping duty on import of caustic soda from Saudi Arabia, Iran, Japan and United States of America . . . 77

Anti-dumping duty on import of coumarin from China PR : Corrigendum . . . 65

Anti-dumping duty on imports of cold rolled flat products of stainless steel (400 series) having a width below 600 mm. . . . 67

Anti-dumping duty on imports of melamine from European Union, Iran, Indonesia and Japan for a further period of 5 years . . . 74

Notification under section 9A(5) :

Anti-dumping duty on new/unused pneumatic non-radial bias tyres, etc., in pursuance to sunset review investigation . . . 70


COMPANY LAW INSTITUTE OF INDIA PVT. LTD.
No. 2, Vaithyaram Street,
T.Nagar, Chennai - 600017.
Phone: (044) 24350752 - 55
Fax: (044) 24322015
info@cliofindia.com
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