I am directed to invite your attention to the landmark judgement of the CESTAT Larger Bench in the case of Vandana Global Ltd. V/s CCE, Raipur [2010-TIOL-624-CESTAT-DEL-LB] delivered on 30.04.10, on admissibility of credit on capital goods and inputs and to state that the Tribunal has ruled that ‘capital goods’ defined in the CENVAT Credit Rules, in the context of providing credit of duty paid, have to be excisable goods.
As per the procedure agreed, Department of Commerce takes responsibility of having consultation with all concerned Department of the Government of India to create consensus among them and send its recommendation alongwith the no objection of different Departments of the Government of India to MHA for final approval. Ministry of Home Affairs would get the President on the Bill. Development Commissioner of SEZ are advised to send a copy of the communication to the nodal Department of the respective State Government.
(i) in paras (a) and (b), for the words Indian Oil Corporation Limited wherever they occur , the words any public sector oil company shall respectively be substituted; (ii)in the proviso, for the words Indian Oil Corporation Limited at both the places where they occur, the words such public sector oil company shall be substituted.
In cases where the application is filed before realization of export proceeds, Declaration No. 5 of ANF3E does not apply. However, the monitoring of realization of export proceed shall be carried out in terms of Paras 3.11.12 & 3.11.13 of HBPv1.
In exercise of the powers conferred under Paragraph 2.4 of the Foreign Trade Policy, 2009-14 and Paragraph 1.1 of the Handbook of Procedures (Vol.I), the Director General of Foreign Trade hereby makes the following amendments/corrections in the Handbook of Procedures, Vol. 2, 2009-2014, as amended from time to time.
Pursuant to SEBI circular no. MIRSD/DR-1/Cir-16/09 dated November 06, 2009 prescribing the framework governing the market access through Authorised Persons of the stock brokers, SEBI has received representations from the stock exchanges and market participants seeking review of the certification requirements for Authorised Persons. Accordingly, it is decided to rationalize the certification requirements for the Authorised Persons in line with those applicable to the stock brokers and Sub-Brokers.
In exercise of powers conferred under Para 2.4 of the Foreign Trade Policy, 2009-14, the Director General of Foreign Trade hereby makes the following amendments in the Handbook of Procedures.
Notification No. 61/2010-Income Tax Whereas the Central Government in exercise of the powers conferee by clause (iii) of sub-section (4) of section 80-IA of the Income-tax Act, 1961 (43 of 1961) (hereinafter referred to as the said Act), has framed and notified a scheme for industrial park, vide notification of the Government of India in the Ministry of Commerce and Industry (Department of Industrial Policy and Promotion) number S.O.193(E), dated the 30″ March, 1999.
Notification No. 45/2010-Service Tax Central Government is satisfied that a practice was generally prevalent regarding levy of service tax (including non-levy thereof), under section 66 of the Finance Act, 1994 (32 of 1994) (hereinafter referred to as ‘the Finance Act’), on all taxable services relating to transmission and distribution of electricity provided by a person (hereinafter called ‘the service provider’) to any other person (hereinafter called ‘the service receiver’),
Keeping in view the special funding needs of the infrastructure sector, Reserve Bank of India (“RBI”) has issued a Circular (A.P. (DIR Series) Circular No. 4 dated 22 July, 2010) ‘ to liberalise the above refinancing restriction under a Take-out Finance Scheme. The said scheme is applicable to Indian corporates in the seaport and airport, roads including bridges and power sectors (eligible borrowers).
