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Duty paid in earlier settled proceedings cannot be claimed as refund merely for different stand of SC in another assessees case

January 15, 2016 540 Views 1 comment Print

The Hon’ble Supreme Court held that no such writ petition to claim refund of duty, interest and penalty was maintainable when the proceedings in respect of the Respondent had attained finality and the amount was recovered.

Regarding Transaction value of identical goods taken as assessable value of imported goods

January 15, 2016 2089 Views 0 comment Print

Transaction value of identical goods can be taken as assessable value of imported goods in terms of Rule 4 of the Customs Valuation Rules only after making an adjustment of commercial and comparable effects- Richemont India Pvt. Ltd. Vs. CC, New Delhi [2015 (12) TMI 1043 (NEW DELHI – CESTAT)]

Charges for technical knowhow wouldn’t be includable in the value of the imported goods if it isn’t condition to import of goods

January 15, 2016 1039 Views 0 comment Print

Hon’ble CESTAT, Chennai held that the charges of technical knowhow cannot be included in the value of imported goods in terms of Rule 9 of the Customs Valuation Rules where these expenses aren’t condition to sale of the imported goods.

Order after a Personal Hearing should be passed expeditiously and within a reasonable time: HC

January 15, 2016 504 Views 0 comment Print

The Hon’ble High Court of Bombay held that the Hon’ble Apex Court has emphasized time and again that the Orders pursuant to a Personal Hearing either by the Court or the Tribunal or any quasi-judicial body ought to be passed expeditiously and within a reasonable time.

Assessee can claim CST rate on plant, machinery etc. used in Works contract execution by including in CST registration certificate

January 15, 2016 1119 Views 0 comment Print

Nagarjuna Construction Co. Ltd. was engaged in the business of Works contracts such as construction of bridges, flyovers, roads and multi-storied buildings across the India. Being a Works contractor, the Petitioner applied for registration under the CST Act and also claimed CST registration in respect of machinery, tools and equipment such as hydraulic mobile cranes,

GST – Overview, RNR, Open Issues by CA Bimal Jain

January 5, 2016 4254 Views 0 comment Print

Watch the video to enrich your knowledge regarding the present status and updates on GST. With the intention of throwing light on areas to be worked upon for the GST Laws – CGST, SGST and IGST, this presentation made by CA Bimal Jain on GST – Overview, RNR, Open Issues by CA Bimal Jain at the International Indirect Tax & GST Conference organised by the PHD Chambers of Commerce on December 17, 2015, focuses on following various suggestions/ issues.

Bankruptcy Bill 2015 to bring unified Insolvency & Bankruptcy Code

December 30, 2015 792 Views 0 comment Print

The Government, on Monday, December 21, 2015, introduced the Insolvency and Bankruptcy Bill, 2015 (the Bankruptcy Bill), proposing to enact a single bankruptcy code setting deadlines for processing insolvency cases. Once enacted, not only will it improve the ease of doing business in India, it will also ensure better debt recovery for creditors.

No Penalty if assessee's activity is held to be not liable to Service tax

December 30, 2015 2122 Views 0 comment Print

Penalty is levied only when any Service tax has not been paid by reason of fraud, etc., hence, when assessee’s activity is held to be not liable to Service tax, question of imposition of penalty cannot arise- Jubilant Agri & Consumer Products Ltd. Vs. Customs, Excise & Service Tax Appellate Tribunal [2015 (64) taxmann.com 35 (Allahabad)]

Lawmakers Let Another Gst Opportunity Go Abegging With Washout Of Winter Session

December 30, 2015 480 Views 0 comment Print

GST has been missing several deadlines in the past. Perhaps, the only major reform both India and the World were looking at from the Parliament’s winter session was the passage of the 122ndConstitutional Amendment Bill, 2014 (122nd CAB or GST Bill), which promised to bring in the biggest indirect tax reform in the Country ever happened.

Inputs / Capital goods used in R&D and Quality Control Laboratory for input testing, final product samples eligible for Cenvat credit

December 30, 2015 8550 Views 0 comment Print

Subic Innovative Plastics (P.) Ltd. (the Appellant) had taken Cenvat credit on inputs and capital goods used in Research and Development (R&D) and Quality Control Laboratory situated in the factory premises.

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