Advocate Anandaday Misshra Looking to the ongoing protests and non co-operation movements in the Parliament , the Implementation of Goods & Service Tax (GST) regime in India from 1st April 2016 is in doldrums . Since the factum is that once the GST Bill is passed from Rajya Sabha, it will again take good time to be […]
Advocate Anandaday Misshra What is GST ? The Supreme Court of Canada in a case of Reference re Goods and Services Tax had explained as to what is Goods & Service Tax . The important excerpts are reproduced herein below for better understanding of GST since the Indian GST is a version of Canada GST with a pinch […]
Advocate Anandaday Misshra The era of Goods & Service Tax (GST) has started with three notifications on 17th July 2015. The idea is to check the breaking of chain for the purpose of GST. It is pertinent to note that more or less, similar and/or same proviso has been inserted in 3 notifications i.e. 34/2015-C.E, 35/2015-C.E […]
Advocate Anandaday Misshra GST Bill Lok Sabha has finally passed the GST Amendment Constitutional Bill on 5th May 2015 . The GST Bill no. 192 of 2014 will result the 122th amendment in Constitution of India GST is an indeed path breaking tax reform since 1947 in India . Goods and Service Tax (GST) in India […]
The Notification No. 12/2015-C.E(N.T) dated 30.04.2015 has created a havoc in the industry as to what to do with the unutilized Cess lying as on 28.02.2015 i.e before 01.03.2015.
Advocate Anandaday Misshra The era of appeals have changed from 06.08.2014 when mandatory pre-deposit was introduced via Section 35F of CEA,1944 .Similar provisions exist for customs and service tax as well . In order to understand the implication of such a change, Section 35F is produced herein below and it is broken in parts for better […]
In first and interim budget of Modi Government, first bomb of mandatory aspect fall on all who wanted to exhaust the remedy of appeal. All aspiring appellants who had liability of evasion by way of mala fide act or bona fide had to made stand on same platform for making a mandatory pre-deposit , under Section 35 of CEA,1944 , 129 of the Customs Act ,1944 and service tax was also no exception . Their crime was that they wanted their appeal entertained before Appellate Authority and/or Tribunals.
Advocate Anandaday Misshra Unutilised Credit of CESS Q 1 What will be the fate of credit of Education Cess and Secondary and Higher Education Cess lying unutilized after it being subsumed in basic excise duty ? Answer : Firstly , it will not lapse since no lapsing provision is existing as on date for the same. Secondly , I […]
Advocate Anandaday Misshra Change in Excise & Service Tax Rate Central Excise duty to be rounded off to 12.5 % (from 12.36 %) Service tax to be increased from 12.36 % to 14 %. Date of levy of new rate shall be notified after enactment of Finance Bill 2015. Till the time it is notified the […]
Advocate Anandaday Misshra Recently, Honourable High Court of Allahabad in Central Excise Appeal No. – 444 of 2010 of Commissioner, Central Excise, Meerut-I, Versus M/S Suraj & Company, reported in 2014(36) S.T.R.1252(All.) held that an appeal to High Court is not maintainable against an order of Tribunal which is itself Passed With Consent of both the parties […]
