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Assessee had to pay CST as Sale wasn’t a High Seas Sale since bill of entry included his name as Importer instead of buyer’s name

January 29, 2015 2175 Views 0 comment Print

The Petitioner claimed that impugned sale was effected by transfer of documents of title before the goods had crossed the Customs frontiers of India and hence declared impugned saleas a sale in the course of import/ high sea sales and claimed exemption under Section 5(2) of the Central Sales Tax Act, 1956 (the CST Act) on the turnover of Rs.1,14,86,342/- and Rs.4,05,09,427/- respectively.

Date to Compute Limitation period of 1 year in respect of SAD refund claim arising out of Court Order

January 29, 2015 2437 Views 1 comment Print

Dev International (the Appellant) imported certain goods (impugned goods) and filed two Bills of Entry, both dated July 17,2008 wherein 4% SAD, amounting to Rs.1,11,556.90 was paid. The impugned goods were detained by Central Intelligence Unit (CIU) for investigation.

Service tax on Renting of Building for Hotel

January 28, 2015 8400 Views 0 comment Print

Jai Mahal Hotels (P.) Ltd. (the Appellant) entered into a joint venture agreement dated August 28, 1985 with Indian Hotels Company Limited (IHCL) for running hotel business at immovable property owned by the Appellant.

Benefit of SFIS cannot be denied only on ground that companies were subsidiaries of foreign companies

January 27, 2015 1540 Views 0 comment Print

DGFT denied the benefit of SFIS, as framed under the FTPto the Petitioners and separate communications were sent to the Petitioners withdrawing/recalling the said benefits on the ground that they were subsidiaries of foreign companies

Registration cannot be cancelled without providing sufficient reasons & opportunity of being heard

January 21, 2015 1700 Views 0 comment Print

In the instant case, B. Saravanan (Contractor) [the Petitioner] was a registered dealer under provisions of the Tamil Nadu Value Added Tax Act, 2006 (the Tamil Nadu VAT Act). The Department passed an Order cancelling the Petitioner’s Registration Certificate with retrospective effect (the Impugned Order).

Official Liquidator is a dealer liable to pay Sales tax: SC

January 21, 2015 2205 Views 0 comment Print

Premier Cable Company Ltd. (the Company) registered under the Companies Act, 1956 (the Companies Act) was wound up by an order passed by the Hon’ble High Court and an Official Liquidator (the OL) attached to the High Court was appointed to take charge of the assets and liabilities of the Company and to deal with the same in terms of the Companies Act and the Rules framed thereunder.

Exporter can convert shipping bill under one export promotion scheme to another to avail benefit of scheme

January 21, 2015 1117 Views 0 comment Print

Hon’ble CESTAT, Chennai held that in terms of Section 149 of the Customs Act, the conversion is possible on the documents in existence at the time of export. The shipping bills in the instant case were supported by a certificate from the Chartered Engineer, which was endorsed with the export particulars.

Commissioner (Appeals) cannot enhance penalty without issuing SCN

January 21, 2015 2094 Views 0 comment Print

In the instant case, in the earlier round of proceedings, the Hon’ble CESTAT, Mumbai remanded the matter by an order dated August 11, 2009 and in remand proceedings, the First Appellate Authority enhanced the penalty imposed on John Deere Equipment Pvt. Ltd. (the Appellant) without issuing any Show Cause Notice.

Reversal of Cenvat credit on Returned goods

January 21, 2015 27267 Views 0 comment Print

eturned goods have to be treated as Inputs and the Assessee having shown the issuance of the said Inputs from their RG-1 are deemed to have manufactured final product – Reversal of Cenvat credit cannot be sought

Limitation period U/s. 11B of Excise Act not applies if Service tax was not payable under law

January 21, 2015 3856 Views 0 comment Print

C K P Mandal (the Appellant) is a Charitable Trust. It has two halls which are given on hire for various functions. On hire charges, the Appellant was paying Service tax under the category of Mandap keeper. The Appellant also received donations from caterers and decorators for permitting them to use the halls.

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