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 […]
Advocate Anandaday Misshra Recently Honourable Supreme Court had dealt with VAT Appeal Nos 54 &55 (O&M) of 2010 passed by the High Court of Punjab and Hariyana . While disposing Civil Appeal Nos 11486-11487 of 2014 of State of Punjab & Ors Versus Nokia India Pvt. Ltd.,2014-TIOL-100-SC-VAT they held that ……we find that the Assessing Authority, Appellate Authority and […]
Advocate Anandaday Misshra Goods & Service Tax (GST) is a regime of Uniform Tax. A regime in which multiple indirect taxes will be the talk of past and indirect taxes will be subsumed in GST. A. Taxes to be Subsumed in GST The following taxes will be subsumed under GST : Central Taxes 1.Central Excise Duty, […]
1. As per Section 37C(1)(a), it was mandatory on the part of the Revenue to serve a copy of the order of Commissioner of Central Excise (Appeals) by registered post with acknowledgment due to the assessee .
