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No VAT on free supply of medicines – State Govt. not competent to levy tax on the basis of MRP or any other notional value

December 5, 2015 2677 Views 0 comment Print

Mapra Laboratories Pvt. Ltd. and others (the Petitioners) were engaged in manufacture and sale of medicines and had been regularly filing returns to the concerned Authorities. The Petitioners were claiming an exemption in respect of free of cost supply of medicines to its dealer under a scheme

Transaction value cannot be rejected on the basis of a quotation which gives domestic retail sale price

December 5, 2015 403 Views 0 comment Print

If this were to be accepted, it would cause unimaginable distortion in interpreting the Valuation Law. Hence, confirming demand merely on the basis of quotation, without considering other facts is not sustainable.

Post-importation services could not be added to value of goods imported

December 5, 2015 1262 Views 0 comment Print

Same Engines India Pvt. Ltd. (the Respondent) had imported components of Tractors from Foreign party and filed Bill of Entry stating the price at which the goods were imported and seeking to pay the Customs duty thereon.

Interest, depreciation and profit margin not to be considered for arriving at production cost

December 5, 2015 1665 Views 0 comment Print

Nirma Ltd. & Ors. (the Respondent) was engaged in the manufacture of Linear Alkyl Benzene (LAB) which was cleared by the Respondent to its sister units located in different places and was also used captively in the same factory where the said LAB is manufactured.

Question of foreign exchange realization not arises on export of free replacement of defective goods

December 5, 2015 553 Views 0 comment Print

When export of goods and payment of duty on exported goods is not in question, minor deviations from the fulfillment of the procedural requirements should not be taken into considerations for deciding the fate of a claim.

No penalty on reversal of cenvat credit towards exempted goods after audit objection but before issuance of SCN

December 5, 2015 1876 Views 0 comment Print

In the instant case, Man Structural Pvt. Ltd. (the Appellant) was engaged in manufacturing of dutiable as well as exempted final products. The Appellant has availed Cenvat credit on input/input services but was not maintaining separate accounts for inputs for manufacturing dutiable

No service Tax on Vocational courses

December 5, 2015 5587 Views 0 comment Print

Courses in : (i) Mass Communication, (ii) International Business Management, (iii) Telecom Management, (iv) Information Technology, (v) Management Studies, (vi) Geo-informatics and (vii) Operational Management are ‘vocational courses’ and therefore, exempt from Service tax

Free warranty services provided by vehicle-dealers to vehicle-buyers out of their dealer's margin/handling charges is not liable to Service tax

December 5, 2015 4430 Views 0 comment Print

In the instant case, Chowgule Industries (P.) Ltd. (the Appellant) was a holder of Service Tax Registration under the category of ‘authorized service station’ for Maruti Udyog Ltd. (Maruti). The Appellant had purchased the vehicles from the Maruti and sold to their customers.

If upon a misconception of legal position, assessee had paid tax which he was not liable to pay, then availing Cenvat credit of same cannot be termed as illegal

December 5, 2015 533 Views 0 comment Print

High Court of Madras has held that if, upon a misconception of the legal position, the assessee had paid the tax that he was not liable to pay and such assessee also happens to be an assessee entitled to certain Cenvat credit, the availing of the said benefit cannot be termed as illegal.

CEA led Panel recommends RNR at 15 – 15.5% and eliminating Additional Tax of 1% on inter-state supply of goods

December 5, 2015 1144 Views 0 comment Print

Bracing to roll out the new Indirect tax regime — Goods and Services Tax (GST) from April 1, 2016, the Central Government on June 17, 2015 announced the setting up of two Committees to suggest tax GST rates and to look into IT preparedness for GST. The Government has entrusted Chief Economic Advisor, Dr. Arvind Subramanian—head of one of the two panels—with the task of proposing a Revenue Neutral Rate (RNR), or a rate at which there will be no revenue loss to States under the proposed GST regime.

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