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Archive: 03 February 2015

Posts in 03 February 2015

Declared value of Imported goods cannot be enhanced merely on the basis of NIDB data

February 3, 2015 2595 Views 0 comment Print

Since there was no evidence of higher value of contemporaneous import from same sources and no allegation of mis-declaration of impugned goods, declared value cannot be enhanced merely on the basis of NIDB data. In the present case, Rule 9 of the Valuation Rules cannot be invoked.

Cenvat Credit on erection & installation of machines by Manufacturer

February 3, 2015 3979 Views 0 comment Print

Hercules Hoists Ltd. (the Appellant) was a manufacturer of machinery and parts thereof which were cleared on payment of Excise duty. The Appellant had also taken the responsibility of installing the machinery at the customer’s premises.

In case of inter-unit 'stock transfer' of intermediate goods, doctrine of unjust enrichment would not apply

February 3, 2015 3974 Views 0 comment Print

When the clearances were not on sale but were purely on stock transfer basis, there is no question of Satnoor unit having recovered the incidence of duty from Abu Road unit and, as such, the bar of unjust enrichment would not apply.

Bank a/c cannot be freezed after mandatory pre-deposit payment

February 3, 2015 2278 Views 0 comment Print

In the instant case, an Order was passed by the Ld. Commissioner, Goa confirming Service tax liability on Kala Mines and Minerals (the Appellant). Being aggrieved by the said Order, the Appellant preferred an appeal before the Hon’ble CESTAT, Mumbai by making a pre-deposit of 7.5% of the Service tax demand confirmed in terms of Section 35F of the Central Excise Act, 1944 (the Excise Act).

Service tax on services provided by clubs to its members?

February 3, 2015 13596 Views 3 comments Print

In the instant case, the three Appellants namely Matunga Gymkhana, Tahnee Heights Co-Op Housing Society Ltd. and Mittal Tower Premises Co-Operative Society (the Appellants) were running a club for their members.

Input Service Distributor need not be a ‘manufacturer’ or ‘output service provider’ for availing Cenvat credit

February 3, 2015 868 Views 0 comment Print

Moser Baer India Ltd.(the Appellant) is the manufacturer of CDR, CD Rom, DVDR and DVD Rom, falling under Chapter Heading 85 of the Central Excise Tariff Act, 1985, at their factory situated at Noida. The Head Office of the Appellant, located at Okhla, Delhi is registered as an Input Service Distributer (ISD) in terms of Rule 2(m) of the Cenvat Credit Rules, 2004 (the Credit Rules).

Services of identifying prospective customers in India qualify as export of services

February 3, 2015 1147 Views 0 comment Print

Samsung India Electronics Pvt. Ltd. (the Appellant) was rendering Customer care services to the customers of CDMA mobile phone in India on behalf of Samsung Electronics Company Ltd., Korea (Samsung Korea).

Committee to monitor implementation of Corporate Social Responsibility policies by companies

February 3, 2015 1924 Views 0 comment Print

Constitution of a High Level Committee to suggest measures for improved monitoring of the implementation of Corporate Social Responsibility policies by the companies under Section 135 of the Companies Act, 2013. General Circular no. 01/2015 – Dated: 03.02.2015

EPFO settles more than One crore claims in current financial year

February 3, 2015 375 Views 0 comment Print

EPFO settles more than One crore claims in the current financial year Employees Pension Fund deficit comes down to 2.5% Shri K.K. Jalan, Central P.F. Commissioner while reviewing the performance of EPFO for the month of January, 2015 noted that the organization has settled 11.05 lakh claims. 73% of the claims were settled within 10 […]

Sixth Bi-Monthly RBI Monetary Policy Statement, 2014-15

February 3, 2015 631 Views 0 comment Print

The improvement in industrial activity in November 2014 was broad-based, but continuing contraction in consumer goods production underscores the persisting weakness in consumption demand (even while raising questions about measurement of production). Advance indicators of industrial activity – indirect tax collections; non-oil non-gold import growth; expansion in order books.

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