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If purchase price fixed in first contract subsequently gets revised prior to importation of goods, then Customs duty would be payable on revised price

December 8, 2015 688 Views 0 comment Print

Gupta Steel Vs. Commissioner of Customs, Jamnagar – Supreme Court held that price was genuinely revised & gets reduced by amending the MOA and there was nothing wrong on the part of the Appellant to declare the price in the BOE.

Purchasing dealer need not reverse tax credit unless selling dealer issues credit note for post sales discount and revises his tax liability

December 8, 2015 760 Views 0 comment Print

Challenger Computers Ltd. Vs. Commissioner of Trade & Taxes (Delhi High Court) In terms of the Section 51(a) of the DVAT Act, the selling dealer will issue the credit note to the buying dealer where the sales are subsequently reduced.

Contract for Supplying Smart card with embedded requisite information is contact for labour and service and not for sale

December 8, 2015 1866 Views 0 comment Print

Zylog Systems (P) Ltd. Vs. Additional Commissioner of Commercial Taxes- Where the smart cards are prepared in terms of an agreement with the customer by embedding requisite information, which couldn’t be sold in open market

Cenvat credit of Service tax on Group Insurance premium and mediclaim for existing/retired employees allowable

December 8, 2015 41560 Views 0 comment Print

The Department denied the Cenvat credit to Reliance Industries Ltd. (the Appellant) on the ground that the Service tax paid on the life insurance/ medi-claim policy for the existing employees and retired employees is ineligible as they are not covered under the definition

Cenvat credit admissible despite non-registration with Service Tax Department at the time of availing input services

December 8, 2015 2695 Views 0 comment Print

India Housing (the Appellant), a service provider, took Cenvat credit on certain input services. The Department denied the Cenvat credit on the ground that the Appellant has taken Cenvat credit on the documents which are not the correct documents as per the Rule 9(2) of the Credit Rules.

Supply to high seas vessel is liable to VAT if any territorial nexus exist in State

December 5, 2015 2711 Views 0 comment Print

In the instant case, Raj Shipping (the Petitioner) was engaged in Bunker Supplies which mainly consisted of supply of High Speed Diesel Oil (HSD) to various incoming and outgoing vessels within or beyond the port limits of Mumbai port.

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 3160 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 556 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 1424 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 1977 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.

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