2 CA Bimal Jain

CA Bimal Jain - Page 146

Dept cannot initiate proceedings when assessee had time to fulfill statutory obligations

Bharat Enterprises Vs. The Commissioner of Customs (Seaport-Export) [Madras High Court]

The Hon’ble Madras High Court observed that the Petitioner was granted a time period of 8 years to fulfil the export obligations. However, the Department had initiated the proceedings before the expiry of stipulated period of 8 years. Therefore, the Hon’ble High Court held that initiation of proceedings in such a case was completely a...

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Posted Under: Custom Duty |

Cenvat Credit on plastic crates used for safe transportation of finished goods is allowable

The Cenvat Credit on plastic crates were used for safe transportation of finished goods is allowable even it is not being used in or in relation to the manufacture of final products CCE, Noida Vs. Denso India Ltd. & Another [2014 (9) TMI 635 – Allahabad High Court] Denso India Ltd. & Another (the Respondent) […]...

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Posted Under: Custom Duty |

Duty paid by one unit should be allowed as Cenvat credit to the another unit

Commissioner of Central Excise, Pune-II Vs. Mishal Zinc Industries Pvt. Ltd. and Indo Deutsh Metallo Chemique Ltd. [2014-TIOL­1 725-CESTAT-MUM] The Respondents are manufacturer of White Zinc Oxide and having two units (a) Mishal Zinc Industries Pvt. Ltd (the Unit 1) and (b) Indo Deutsch Metallo Chimique Ltd (the Unit 2) [the Respondents]...

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Posted Under: Custom Duty |

Amount retained under Sales Tax Incentive Scheme would be part of Assessable Value

The Central Board of Excise and Customs has issued an instruction F. No. 6/8/2014- CX.1 dated September 17, 2014 in terms of the judgment of the Apex Court in case of Super Synotex India Ltd. [2014-TIOL-19-SC­CX] on the issue of abatement of Sales Tax under an abatement scheme where the Assesse has been allowed to […]...

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Posted Under: Custom Duty |

Service Tax already deposited cannot be demanded again from a person who has taken over the business

In the instant case, Essar Projects Ltd. (Essar) sold the entire business pertaining to their ‘Construction Division’ to Essar Construction (I) Ltd. (the New Company), w.e.f. June 30, 2006 as per ‘Business Transfer Agreement’. The Department contended that amount received by the New Company on account of the services rendered post...

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Posted Under: Custom Duty |

Service tax on GTA services can be demanded from specified consignor or consignee, who is liable to pay freight

The Hon’ble CESTAT, Ahmedabad, held that as per Rule 2(1)(d)(v) of the Service Tax Rules, if consignor or consignee is one of the specified entities, then person liable to pay Service tax would be person liable to pay freight. Since consignor i.e. EOL was a factory as per Factories Act and a company under Companies Act, GTA service prov...

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Posted Under: Custom Duty |

Service tax Refund cannot be denied on the ground that same was not shown as ‘receivable’ in Balance Sheet

Refund of Service tax on services not provided cannot be denied on ground that same was not shown as ‘receivable’ in Balance Sheet Radico Khaitan Ltd. Vs. Commissioner of Service Tax, Delhi [(2014) 48 taxmann.com 340 (New Delhi – CESTAT)] Radico Khaitan Ltd.   (the Appellant) entered into an agreement with Diageo Radic...

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Posted Under: Custom Duty |

Department legally obligated to preserve seized goods seized

The Hon’ble High Court relied on the case of State of Gujarat Vs. M.M. Hazi Hasan [AIR 1967 SC 1885] and ordered the Revenue to hand over the exact quantity of the goods seized to the Petitioner as shown in the seizure list or pay equivalent money for the quantity of the seized goods at the present market rate to the Petitioner....

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Posted Under: Custom Duty |

Clarification on major issues pertaining to refund of Cenvat credit to Exporters

We are sharing with you the recent judicial pronouncement of the Hon’ble Bangalore CESTAT in the case of Apotex Research Pvt. Ltd. & Others Vs. CC, Bangalore-Cus & Others [2014-TIOL-1836-CESTAT-Bang] wherein 56 Appeals were heard together and the Bangalore Bench of the CESTAT passed an interim order on 16 Common/ Legal Issues pertaining...

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Posted Under: Custom Duty |

Notional interest cannot be added to value of taxable services

There is no provision in Service tax law for deeming notional interest on security deposit taken as a consideration for leasing of the immovable property. Therefore, in the absence of a specific provision in law there is no scope for adding any notional interest to the value of taxable service rendered. ...

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