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By Clarification CBEC cannot incorporate a restriction, which does not find place in Drawback Rules

November 18, 2014 1369 Views 0 comment Print

On a careful and conjoint reading of the Drawback Rules, it is found that there is no prohibition set out in the Drawback Rules, which debars an exporter from seeking determination of the Brand Rate of drawback under Rule 7 of the Drawback Rules, merely because at the time of export, he had already claimed the All Industry Rate of drawback under Rule 3 thereof. In fact, the Drawback Rules seem to suggest otherwise.

All Industry Rates of Duty Drawback effective 22.11.2014 – Reg

November 18, 2014 2650 Views 0 comment Print

It has been made explicit that where the claim for Duty Drawback is filed with reference to the rate in the AIR Schedule, an application for fixation of Brand Rate under Rule 7 of the Customs, Central Excise Duties and Service Tax Drawback Rules, 1995 shall not be

Inclusion of Royalty & Licence Fees in assessable value in respect of imported goods

November 17, 2014 2531 Views 0 comment Print

Emitec Emission Control Tech. (I) Pvt. Ltd. (the Appellant) imported certain goods from Emitec Gesellschaft Fur Emissions technologie GmBH (EGM Germany) which is the parent company of the Appellant.

SAD refund cannot be denied merely because invoice do not mention that ‘No Cenvat credit of SAD is admissible’

November 17, 2014 2762 Views 0 comment Print

Chowgule & Company Pvt. Ltd (the Appellant) are the traders who, imported goods by discharging Special Additional Duty of Customs (SAD)under Section 3(5) of the Customs Tariff Act, 1975 and subsequently domestically sold such goods on payment of CST/VAT

CBEC notifies All Industry Rates (AIR) of Duty Drawback w.e.f. 22.11.2014

November 17, 2014 4616 Views 0 comment Print

The tariff items and descriptions of goods in the said Schedule are aligned with the tariff items and descriptions of goods in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) at the four-digit level only.

Service tax in respect of same transaction cannot be demanded again for payment under different category

November 16, 2014 1041 Views 0 comment Print

Coca Cola India Pvt. Ltd.(the Appellant) entered into an Agreement with KPH Dream Cricket Pvt. Ltd. (KPH) for sponsoring the cricket team Kings XI Punjab. On the said contractual consideration, a Service tax of Rs. 37,08,000/- was collected by KPH from the Appellant

Doctrine of unjust enrichment applies to pre-deposit amount & can be substantiated by CA certificate

November 16, 2014 2063 Views 0 comment Print

Siddhi Vinayak Steel Vs. Commissioner of Customs, Mumbai [2014 (10) TMI 689 – CESTAT MUMBAI] Certain goods belonging to Siddhi Vinayak Steel (the Appellant) and lying at Shreenath Warehouse were seized when the SIIB found that certain goods were illegally imported through Chennai port under DEEC license for local market in Mumbai.

Imparting computer education in schools along with providing computers/ accessories is a Works contract and liable to Sales tax

November 16, 2014 1922 Views 0 comment Print

NIIT Limited (the Petitioner) executed a contract dated June 29, 2002 (the Contract) with the Government of Andhra Pradesh for imparting computer education in High Schools in the State of Andhra Pradesh, including leasing of computer hardware, software and connected accessories on Build Own Operate Transfer (BOOT) basis.

Cenvat credit taken on inputs cannot be denied merely because original manufacturer of inputs is not traceable

November 16, 2014 1207 Views 0 comment Print

In the instant case, Kirtida Silk Mills (the Appellant) availed Cenvat credit of duty paid on inputs, which was denied by the Department and the proceedings were initiated for recovery of Cenvat credit wrongly taken.

Cenvat credit allowable on Capital goods used initially in the manufacturing of exempted goods

November 16, 2014 2995 Views 0 comment Print

Cenvat credit allowable on Capital goods used initially in the manufacturing of exempted goods but, at time of receipt, the Assessee had intention to use said Capital goods for manufacturing of both dutiable as well as exempted goods

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