Friday, June 12, 2015

[aaykarbhavan] Judgments and Information, , CLI GSTR ,









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GOODS AND SERVICE TAX REPORTS (GSTR) HIGHLIGHTS


ISSUE DATED 15.6.2015

Volume 32 Part 7


SUPREME COURT


F High Court within its jurisdiction to correct legal position without interfering with facts recorded by Settlement Commission : Union of India v. Asahi India Safety Glass Ltd. p. 460

F Where no good reason to reject analysis report and certificate and samples drawn for testing by Inspector contrary to Indian Standard 436, provisional assessment based on analysis of samples drawn not sustainable : Tata Chemicals Ltd. v. Commissioner of Customs p. 468

F Expression "deems it necessary" in section 18(1)(b) means that proper officer to have good reason to subject imported goods to tests : Tata Chemicals Ltd. v. Commissioner of Customs p. 468

F Amendment to rule 9(2), proviso (ii) of 1988 Rules entitling authorities to add one per cent. of free on board value of goods on account of loading, unloading and handling charges irrespective of whether or not actual cost of such services ascertainable, arbitrary and violative of article 14 : Wipro Ltd. v. Assistant Collector of Customs p. 504




HIGH COURT


F Failure by Appellate Tribunal to consider or follow binding precedent under identical facts for past period amounts to judicial indiscipline : Sunbel Alloys Co. of India Ltd. v. Union of India (Bom) p. 478





CESTAT ORDERS


F When facts within knowledge of both sides no presumption as to suppression of facts and extended period of limitation cannot be invoked : Surya Fine Chemicals v. CCE (Trib.-Chennai) p. 492





STATUTES AND NOTIFICATIONS



F C. B. E. C. Circulars :
Circular No. 12/2015-Customs, dated 9th April, 2015-Four per cent. SAD refund claim-Regarding p. 241

Circular No. 13/2015-Customs, dated 13th April, 2015-Setting-up of "customs clearance facilitation committee" (CCFC)-Regarding p. 242

Circular No. 14/2015-Customs, dated 20th April, 2015-Foreign Trade Policy 2015-2020-Salient changes in schemes of reward or incentive/advance authorisation or DFIA/EPCG or post export EPCG-Regarding p. 245

Circular No. 15/2015-Customs, dated 18th May, 2015- Dispensing with SDF form-Regarding p. 249

Circular No. 16/2015-Customs, dated 19th May, 2015-Simplified transit procedure for relief supplies destined to Nepal-Regarding p. 250

Circular No. 17/2015-Customs, dated 26th May, 2015- Import, trading and re-export of rough diamonds by notified entities in Bharat Diamond Bourse, Bandra Kurla Cargo Complex, Mumbai-Regarding p. 255

Circular No. 1001/8/2015-CX.-8, dated 28th April, 2015-Clarification on rebate of duty on goods cleared from DTA to SEZ-Regarding p. 258

Circular No. 1003/10/2015-CX, dated 5th May, 2015-Clarification regarding Cenvat credit in transit sale through dealer-Regarding p. 260

Circular No. 183/2/2015-ST, dated 10th April, 2015-Clarification on rate of service tax-Regarding p. 263

F Notifications :
Central Excise Act, 1944 : Notification under section 5A(1) : Concessional rate of duty on specified goods : Amendments p. 267

Exemption to goods manufactured by Central Government factories : Amendments p. 266

Customs Act, 1962 : Notification under section 25(1) : Effective rates of basic duties for specified goods : Amendments p. 265

Exemption to specified goods exported out of India : Amendments p. 266

Customs Tariff Act, 1975 : Notification under section 9A(1) and (5) : Anti-dumping duty on import of morpholine from China PR, European Union and USA p. 269

Anti-dumping duty on polytetrafluoroethylene (PTFE) from Russia : Amendments p. 268



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