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GST Era Pushes Indirect Excise Duty On Textile w.e.f 17th July 2015

  20 Jul 2015   0 comment
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 […]...
Posted Under: Excise Duty |

Primary use prevails over the incidental ones in classification of goods – SC

  19 Jul 2015   0 comment
In the case of M/s. Holostick India Ltd. Vs. Commissioner of Central Excise , Hon'ble Supreme Court held that While classifying a product for excise purpose Primary use of the product will prevails over the incidental ones. It further held that merely because a particular embossed hologram is self adhesive, therefore in all cases, it wil...
Posted Under: Excise Duty |

Does Mistake of fact governed by time limit prescribed U/s. 11B of Central Excise Act, 1944?

  18 Jul 2015   0 comment
Reliance in this regard can be placed on the judicial pronouncement of Hon’ble Kerala High Court in case of GEOJIT BNP PARIBAS FINANCIAL SERVICES LTD [WP(C) No.18126 of 2015 (M)] wherein the assesse is a company inter alia engaged in providing retail financial services....
Posted Under: Excise Duty |

Electronic Records and Invoices in Service Tax

  16 Jul 2015   0 comment
The Finance Act, 2015 had brought two important changes in Service Tax – (i) Issue of electronic invoices and its authentication by Digital Signature [Rule 4C] (ii) Maintenance of records on Electronic Form [Rule 5(4)] CBEC has now issued Notification No. 18/2015-Central Excise dated 06.07.2015 and a Circular No. 224/44/2014-CX dated ...
Posted Under: Excise Duty |

Issue of Service Tax and Excise Bills with Digital Signature & Maintenance of Records in Electronic Format

  14 Jul 2015   0 comment
CA Sujeet Kumar With the advent of Digital India, as and when our PM talks about to make a digital India, the pace of technology has been grown up and everywhere Govt. has emphasized on each and every thing in India should be done with technology or should be kept with the help of technology. […]...
Posted Under: Excise Duty |

Cenvat Credit admissible even if Inputs are discarded during manufacturing process- SC

  13 Jul 2015   0 comment
Whether Cenvat credit on Inputs can be denied when defect in raw material is detected after it undergoes certain process of manufacturing and whether it can be said that such raw material has not been used in the manufacture of final product?...
Posted Under: Excise Duty |

Manufacture Under Central Excise Act

  08 Jul 2015   12 comments
Supplier of Raw Material is not a manufacturer- A raw material supplier is not a manufacturer since s/he/it does not carry out any manufacturing activities. Where a company outsources a job to a 3rd party (job worker) for converting a raw material into an excisable product, the 3rd party, and not the company, is considered as the manufact...
Posted Under: Excise Duty |

CBEC specifies conditions and safeguards for issuing digitally signed invoices and maintaining e-records

  07 Jul 2015   0 comment
The Service Tax Rules, 1994 were amended vide Notification No. 5/2015 – ST dated March 1, 2015 to insert New Rule 4C after Rule 4B thereof. In terms of Rule 4C of the Service Tax Rules, provision for issuing digitally signed invoices, bill or challan has been added along with the option of maintaining of records in electronic form and t...
Posted Under: Excise Duty |

Summary of Amendments in Indirect Taxes by Budget 2015

  06 Jul 2015   1 comment
AMENDMENTS IN CENTRAL EXCISE ACT, 1944-1. Factors of Production for Tobacco Related Products – Explanation 3 to Section 3A- This amendment will enable the Central Government to specify more than one factor relevant to the production of notified goods under Section 3A. Accordingly, Central Government has issued NN 4/2015 & NN 5/2015 date...
Posted Under: Excise Duty |

Export benefits cannot be denied even when export proceeds are not realized

  04 Jul 2015   0 comment
Whether the benefit of export can be denied on account of non-realisation of export proceeds when goods are exported without payment of Excise duty under Bond?...
Posted Under: Excise Duty |

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