The Finance Bill 2010-11 provided for creation of a corpus called National Clean Energy Fund to invest in entrepreneurial ventures and research in the field of clean energy technologies. Subsequent to the budget announcement, the Central Board of Excise & Customs (CBEC) issued a notification dated June 22, 2010 to notify the Clean Energy Cess Rules, 2010.

The government today said indirect tax collections for FY2010-11 have exceeded the revised estimate of Rs 3.34 lakh crore for the fiscal on the back of strong economic activities and the partial withdrawal of fiscal stimulus measures. According to Central Board of Excise and Customs (CBEC) Chairman S Dutt Majumder, the Finance Ministry expects at least Rs 7,000 crore more than the revised estimate for the last fiscal.

The government will set up seven Indirect Tax Ombudsmen for quick redressal of grievances relating to customs, excise and service taxes. These adjudicating offices will be set up in Delhi, Mumbai, Kolkata, Chennai, Bangalore, Ahmedabad and Lucknow. The decision was approved in a meeting of the Union Cabinet chaired by Prime Minister Manmohan Singh, which also approved the Indirect Tax Ombudsman Guidelines, 2011.

NOTIFICATION NO. 13/2011 – CENTRAL EXCISE (N.T.)- The CENVAT credit in respect of input service shall be allowed, on or after the day on which the invoice, bill or, as the case may be, challan referred to in rule 9 is received: Provided that in case of an input service where the service tax is paid on reverse charge by the recipient of the service, the CENVAT credit in respect of such input service shall be allowed on or after the day on which payment is made of the value of input service and the service tax paid or payable as indicated in invoice, bill or, as the case may be, challan referred to in rule 9:

The chemicals namely ZYGLO-ZP-4B and 9C RED concentrate were received in bulk packing of 205 litre of drums and those were repacked into small packs of 1 kg. and cleared as ‘trading goods’ without payment of duty. the Deputy Commissioner had made an order on 03-02-1998 in respect of one of the items covered thereunder and held that there was no suppression of facts as the respondent firm has already brought the matter to the notice of the Jurisdictional Assistant Collector. The show cause notice dated 29.3.2000 was time barred and it was rightly set-aside by the Tribunal.

The Union Cabinet today approved creation of seven posts of Indirect Tax Ombudsman to be located at Delhi, Mumbai, Chennai, Calcutta, Bangalore, Ahmedabad and Lucknow in the HAG + scale of Rs.75,500-80,000/- and the supporting staff. The Indirect Tax Ombudsman Guidelines, 2011 has also been approved.

Please refer to D.O.F. No. 275/68/91-CX.8A (Pt.), dated 17.-1.1992 addressed by the Member (Central Excise) to all Principal Collectors, and to all Collectors of Customs and Central Excise vide which a copy of Cabinet Secretariat’s O.M. No. 53/3/6/91-Cab. dated 31.12.1991 was circulated pertaining to constitution of a committee to give clearance to the disputes between the Government Department and another and one Government Department and a Public Sector Enterprises and Public Enterprises themselves before these are agitated in a Court/ Tribunal. Reference is also invited to subsequent O.Ms issued by the Cabinet Secretariat and the Circulars/ Instructions issued by the Board from time to time on this issue.

The government is considering to roll back 10 per cent excise duty on branded garments, due to large scale protest by industry bodies in many parts of the country, including West Bengal, which goes to polls next month. “The excise duty on readymade garments is being opposed heavily, especially in West Bengal. It might be rolled back ,” a Finance Ministry official told PTI.

Now CBEC has clarified that, “The exemption provided under Notification.17/2006-Central Excise (NT) dated 01.08.2006 and Notification No. 39i2004-Central Excise (NT), dated 25.11.2004, as amended, is available to interalia assessee who paid duty of excise less than Rs.1crore including the amount paid by utilization of CENVAT credit. It is, therefore, clarified that the assessees or class of assessees who are not required to file the ER-4, ER-5 & ER-6 returns because of the above exemption, are not required to file such returns electronically even if the duty paid by them including the amount paid by utilization of CENVAT credit in the preceding financial year exceeds Rs.10l acs.”

SC rejects claim of firms using HSD in captive units- The Supreme Court (SC) has dismissed a batch of appeals by various companies claiming credit of duty paid on high speed diesel oil used in their captive electricity generating plants. The Rajasthan high court had earlier rejected their contention in the case, Sangam Spinners Ltd vs Union of India. Their argument was that they had acquired accrued and vested right and it could not be taken away retrospectively by an Act of Parliament, in this case, the Finance Act, 2000. Since the companies were unable to pass on the burden to the customers, they would have to bear the entire burden themselves, and that too retrospectively, and therefore such a provision violated Article 14 of the Constitution (equality). The revenue authorities, on the other hand, contended that the 2000 Act was not a validating Act, but explanatory in nature in order to clarify and put in proper perspective the legal position as some tribunals had misinterpreted departmental notifications. The Supreme Court ruled that the subsequent changes made by Parliament were clarificatory and the companies were not entitled to the credit of duty.