Manas Joshi

Excise Duty on Freight & Insurance Charges When Recovered Separately

Excise Duty - Manas Joshi Central Excise Duty is one of the oldest tax in India having history of more than 70 years, but still we are finding it difficult to answer many questions. In this article, I am trying to discuss one of the fundamental questions regarding chargeability of central excise duty on outward freight and insurance […]...

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Service Tax on TDS In Case of Import of Service

Excise Duty - As you all are aware that as per the general principle of service tax law, the liability to pay service tax lies on the service provider but as per Section 68(2) of Finance Act, 1994 read with Rule 2(1)(d)(G) of Service Tax Rules, 1994 in certain cases specifically mentioned therein, there is a reverse charge mechanism whereby the liabili...

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CENVAT Credit On Canteen Service Post 2011 – Yes, You May

Excise Duty - As we all are aware that the definition of input service under Cenvat Credit Rules, 2004 has been amended drastically w.e.f. April 2011 and because of such drastic amendments, majority of interpretations and settled positions have taken U-turn. One of the settled position was CENVAT credit on canteen service was allowed prior to April 201...

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Export to Nepal in INR and FOC export – whether excise duty benefit is available

Excise Duty - Receipt of foreign currency plays a very vital role in development of the economy of any of the country and therefore, many of the countries maintain foreign exchange reserves in order to meet international payment obligation including sovereign and commercial debts, financing imports etc. ...

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CENVAT Credit On Debit Note…??… YES

Excise Duty - If I make this sentence without referring to any supporting reference then probably I would be wrong. But thanks to the Delhi Bench of the Hon’ble Tribunal which has allowed CENVAT credit of input service on the basis of Debit Note raised by the service provider. This is one of the rarest judgments which I recently came across and there...

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Recent Posts in "Manas Joshi"

Excise Duty on Freight & Insurance Charges When Recovered Separately

Manas Joshi Central Excise Duty is one of the oldest tax in India having history of more than 70 years, but still we are finding it difficult to answer many questions. In this article, I am trying to discuss one of the fundamental questions regarding chargeability of central excise duty on outward freight and insurance […]...

Read More
Posted Under: Excise Duty |

Service Tax on TDS In Case of Import of Service

As you all are aware that as per the general principle of service tax law, the liability to pay service tax lies on the service provider but as per Section 68(2) of Finance Act, 1994 read with Rule 2(1)(d)(G) of Service Tax Rules, 1994 in certain cases specifically mentioned therein, there is a reverse charge mechanism whereby the liabili...

Read More
Posted Under: Excise Duty |

CENVAT Credit On Canteen Service Post 2011 – Yes, You May

As we all are aware that the definition of input service under Cenvat Credit Rules, 2004 has been amended drastically w.e.f. April 2011 and because of such drastic amendments, majority of interpretations and settled positions have taken U-turn. One of the settled position was CENVAT credit on canteen service was allowed prior to April 201...

Read More
Posted Under: Excise Duty |

Export to Nepal in INR and FOC export – whether excise duty benefit is available

Receipt of foreign currency plays a very vital role in development of the economy of any of the country and therefore, many of the countries maintain foreign exchange reserves in order to meet international payment obligation including sovereign and commercial debts, financing imports etc. ...

Read More
Posted Under: Excise Duty |

CENVAT Credit On Debit Note…??… YES

If I make this sentence without referring to any supporting reference then probably I would be wrong. But thanks to the Delhi Bench of the Hon’ble Tribunal which has allowed CENVAT credit of input service on the basis of Debit Note raised by the service provider. This is one of the rarest judgments which I recently came across and there...

Read More
Posted Under: Excise Duty |

Cenvat Credit on CHA Service Used For Export of Goods

Manas Joshi One fine morning, my mobile rang and my client asked me “Sir, can I take CENVAT credit on CHA services used for export of goods?” Officers are disallowing our credit”. Since law is very clear, I immediately gave positive reply to my client and discontinued our conversation. Then I thought do we really […]...

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Posted Under: Excise Duty |

Removal of Goods as Such and Restricted Related Cenvat Credit Provision

It has been a very common practice in the manufacturing industry to remove raw materials as such i.e. without using in manufacturing activity. One of the common reasons for as such removal is that such raw materials do not satisfy the quality which is required for manufacturing the finished goods. In such a case, the manufacturer returns ...

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Posted Under: Excise Duty |

SSI Be Cautious In Case of Branded Goods

The Hon’ble Supreme Court in its decision dated January 14, 2013 in the case of CCE v/s M/s Australian Foods India (P) Ltd. held that even though goods manufactured by Small Scale Industries (SSI) do not physically bear brand name or logo but such manufactured goods are sold from branded sale outlets,...

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Re-Export of Goods Imported Under Concessional Rate – Enjoy Double Benefit & Do Not Pay Duty

A manufacturer can import capital goods under the provisions of IGCR. However, a situation may come where a manufacturer is required to re-export the imported capital goods may be “as such” or after using for some period. In such a case, a manufacturer needs to obtain permission from the Assistant / Deputy Commissioner of Central Exci...

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Posted Under: Excise Duty |

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