The foreign agents provide service to the exporters. However the services are provided outside India. They meet the prospective buyer outside India, they promote the products of the exporter outside India. For Service Tax to be leviable and payable, the services must be provided “in India”, except in the state of Jammu & Kashmir.
The right to Information Act, 2005 declares that the purpose of the Act is to “ promote openness, transparency and accountability in administration and in relation to matters connected therewith”. Thus the Act is fundamental in making the administration transparent and accountable. However, the result can be achieved only if public is aware of their rights and willing to exercise those rights.
Section 14 of the Central Excise Act and Section 108 of the Customs Act empower officers to summon person, ask questions from persons summoned and record their statement. These statements are legally admissible as evidence in various judicial and quasi-judicial proceeding. Further the persons summoned are legally required to state the truth. These Sections imposes legal duties on the persons summoned, and have wide ranging legal implications, the authors are of the view that the persons summoned under these sections must have a right to consult a legal practitioners of choice at the time of recording of these statements. However the settled position of law is against the view of the authors.
The Supreme Court held in Poolpandi that a person being interrogated under Section 14 of the Central Excise Act or under Section 108 of the Customs Act is not an accused nor can he plead that there is a possibility of being made an accused in future. Hence, he has no right to ask for his advocate presence during enquiry. The whole logic of this judgment fails when the first question is asked from a person summoned, an answer of which is likely to implicate the person summoned in any offence.
The Central Excise law prescribes a time and procedure to pay the duty. When some amount is paid not as per that procedure or at time different from the time of payment of duty, such payment cannot be treated as duty paid under Central Excise. The issue was decided by the Gujrat High Court in Parle International Ltd. V/s VOI [2001 (127) ELT 329 (Guj.)], wherein the Hon’ble Court held that,
It may be noted that rod/bar and wire falls under different heading of CETA. It means that the legislature have treated these two products as two distinct and different products. When the legislative intent of the Parliament is clear about treating these two products differently, it cannot be said that they are same products. The above “Test of different heading” was applied by the Hon’ble Supreme Court in Lal Woolen and Silk Mills Ltd. V/s CCE, Chandigarh [1999 (108) ELT 7(S.C.)], wherein the Hon’ble SC held,
The petitioner was being prosecuted for an offence under Customs Act for the last 12 years. The value of the offending goods was Rs. Eight lakhs (approx). 20% of the value of goods comes out to be approx 1.6 lakhs. The compounding authority comes to the conclusion that out of 1.6 lakhs and 10 lakhs, 10 lakhs is higher and hence imposed a compounding amount of Rs. 10 lakhs.
There was a demand against the company. The duty demand was confirmed against which the assessee filed appeal before the Commissioner (Appeal). In the meantime, the assessee deposited the amount vide debit entry in RG23A part-II. When the appeal was decided in the favour of the assessee, the assessee informed to the department and took credit of the amount it deposited earlier. Demand was raised, and the tribunal held that such re-credit of amount is recoverable and imposed penalty on the assessee.
THE much-awaited order of the Karnataka High Court on the question of liability to deduct tax at source on payments made to non-residents for the purchase of software to be used in business is finally out. The order passed on 24th September, 2009 was made available only on 17th November, 2009.
Please refer to our circulars UBD.CO.BPD. (PCB) No. 32/09.39.000/2007-08 dated February 25, 2008 on Know Your Customer (KYC) Norms/ Anti-Money Laundering (AML) Standards/Combating of Financing of Terrorism and UBD.CO. BPD. (PCB) No. 1/12.05.001/2008-09 dated July 02, 2008 on Prevention of Money Laundering Act, 2002 –Obligation of banks in terms of Rules notified there under.
