"11 November 2015" Archive

Principal manufacturer eligible to take credit of duty so paid by job-worker

High Court held that credit of duty paid by job-worker can be availed by the principal manufacturer, even if job-worker forgoes exemption and pay duty on semi-processed goods returned to the principal-manufacturer....

Read More
Posted Under: Excise Duty |

Prices charged by job-worker cannot be regarded as understated where principal manufacturer has given loan to job-worker

Supreme Court held that the advance of Rs. 4.5 Crores was given by Nestle to the Respondent for purchase of machinery and it was only a loan transaction independent of the trading relationship between the parties...

Read More
Posted Under: Excise Duty |

Cenvat credit can be availed by manufacturer on strength of invoices issued by supplier of inputs showing manufacturer's name as consignee and name of dealer as buyer

The Hon’ble CESTAT, Mumbai held that invoices, on the basis of which Cenvat credit was availed was issued by manufacturer-supplier and the Appellant's name is clearly appearing as consignee, therefore the invoices in question are squarely covered by clause (a) of sub rule 1 of Rule 9 of the Credit Rules. ...

Read More
Posted Under: Excise Duty |

Provision of reversal of Cenvat credit under Rule 6 of Credit Rules not applicable on export of exempted goods under bond

The Hon’ble CESTAT Mumbai held that since the exempted goods were brought back into the factory after testing and subsequently, exported under Bond, therefore, by virtue of Rule 6(6)(v) of the Credit Rules, the provisions of sub-rule (i), (ii), (iii) & (iv) of Rule 6 are inapplicable....

Read More
Posted Under: Excise Duty |

Customs Dept need not go deep into matter and by hair-splitting and semantic niceties deny benefit of Exemption Notification: SC

That at the time of import, the required Certificate was not produced is not a very strong ground for denying the benefit of Exemption Notification; There is a plethora of decisions in which various Courts and Tribunals have accepted the production of Certificate even after the importation for granting benefits;...

Read More
Posted Under: Excise Duty |

'Flipkart' facilitating sale and purchase of goods through online portals is Not liable for VAT

Online service providers like 'Flipkart' facilitating sale and purchase of goods through online portals cannot be considered as dealer of goods - Not liable for VAT. Flipkart Internet (P.) Ltd. Vs. State of Kerala [(2015) 62 taxmann.com 387 (Kerala)]...

Read More
Posted Under: Excise Duty |

No VAT on brand franchisee fee without transfer of effective control over brand

The Hon’ble High Court of Karnataka held that it is settled law that Sales tax can’t be attracted until effective control is transferred. Since CBUs did not get effective control over the brand name as such, it could not be considered as sale of intangible goods....

Read More
Posted Under: Excise Duty |

Composition scheme benefit cannot be denied on post-sale construction by dealers who are engaged in both construction & sale

High Court of Andhra Pradesh held that if dealers engaged in the construction and sale of residential apartments, houses, buildings or commercial complexes, exercise an option, and comply with the conditions stipulated in Section 4(7)(d) of the Andhra Pradesh VAT Act and Rule made thereunder...

Read More
Posted Under: Excise Duty |

Preservation of stem cells by cord blood banks is exempted only w.e.f. February 17, 2014

Preservation of stem cells by cord blood banks is exempted only w.e.f. February 17, 2014/ Exemption Notification will have prospective effect when nothing specifically mentioned in the Notification as such. Life Cell International (P) Ltd. Vs. Union of India (MADRAS HIGH COURT)...

Read More
Posted Under: Excise Duty |

No Service tax on amount of lease rent equalization shown in Balance Sheet

Reliance Infratel Ltd. Vs. CCE (CESTAT Mumbai) Reliance Infratel Ltd. was engaged in the business of providing 'passive wireless telecom infrastructure'. The Appellant and its associated enterprise entered into an MOU whereby the Appellant granted Associated enterprise an indefeasible right to use 80% of the total capacity of its optic fi...

Read More
Posted Under: Excise Duty |