Sudha Sharma appointed as Member of CBDT Rupee hits a high of 48.73 against Dollar Excise Officers caught burning official files in midight in Aligarh after Income Tax raids on Ponty Chadha SC cancels 122 licences issued by A Raja during his tenure as Telecom Minister Laxman Das is Officiating Chairman of CBDT Tariff Value for import of gold is 556 & for silver 1067 & for Brass Scrap 4078 & for poppy seeds 2205-Customs Non-Tariff Notification No. 10 Fused Silica is classifiable under Tariff Item 32074000-Customs Circular No.3 Additional Commisssioner of Income Tax HA Siddiqui sentenced to 4 years imprisonment for accepting bribe of Rs 1 Lakh by CBI Court in Delhi Exchange Rate for imported goods is Rs 50.20 Per US Dollar & Rs 66 per EURO-Exchange Rate for export goods is Rs 49.40 per US Dollar & Rs 64.40 per EURO HC upholds levy of service tax on booking of flats-The explanation which was inserted by the Finance Act of 2010 clearly brings within the fold of taxable service a construction service provided by the builder to a buyer where there is an intended sale between the parties whether before, during or after construction Authority for Advance Ruling rules super concentrates shall be classified as products of the chemical industry under heading 3824 90 90 of Customs Tariff Anti dumping duty imposed on import of Morpholine from China European Union & USA Anti dumping duty imposed on import of Geogrid/Geostrips/ Geostraps made of polyester or Glass fiber in all its forms from Refund of Anti-Dumping Duty (Paid in Excess of Actual Margin of Dumping) Rules, 2012 notified-Customs Non-Tariff Notification No.5 Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Amendment Rules, 2012-Customs Non-Tariff Notification No.6 Safeguard duty at the rate of 10% ad valorem notified on import of Phthalic anhydride, falling under tariff item 2917 35 00-Customs SG Notification No.1 Customs duty on import of Gold, Silver, Cut & Polished Diamonds hiked Customs duty to be charged at the rate of 2 per cent of Tariff Value on gold and 6 per cent of Tariff Value on silver Tariff Value for import of gold & silver notified-Customs Non-Tariff Notification No.3 Anti-dumping duty on imports ofSilk fabrics 20-100 gms per metre, falling under heading 5007 originating in, or exported from, China-CustomsTariff Notification No. 2 Anti-dumping duty imposed on imports of Nylon Filament Yarn, falling under Chapter 54 ,originating in, or exported from, China, Chinese Taipei, Malaysia, Thailand and Korea RP-Customs TariffNotification No.3 Anti-dumping duty imposed on import of Phosphoric Acid of allgrades and all concentrations (excluding Agriculture/Fertilizer Grade) ,falling under tariff item 28092010, originating in, or exported from, Israel and Taiwan-Customs Tariff Notification No.4 Anti-dumping duty on imports of Cellophane Transparent Film , falling under Chapter 39 , originating in, or exported from, China-Customs TariffNotification No.5 Anti-dumping duty onimports of Saccharin, falling under Chapters 29, 30, 33 and 38 ,originating in, or exported from, China-Customs Tariff Notification No.7 Special Bench of ITAT rules the appellant is not entitled to set off carry forward business loss against the long term capital gain arising on sale of land used for the purpose business ITAT rules Long Term and Short Term gains / losses on sale of equity shares under Portfolio Management Scheme is business income and not Capital Gains HC rules the opinion of the AO may have been legally erroneous but this cannot be a ground for initiation of re-assessment proceedings Anti-dumping duty on ‘Caustic Soda’, originating in, or exported from, Saudi Arabia, Iran, Japan, USA & France-Customs Tariff Notification No.1 Cost Accountants can issue Certificates for the purpose of refund of 4% CVD-Customs Circular No.1 Customs duty on import from ASEAN nations lowered- Customs Tariff Notification No.127 deeper tariff cut on import from Malaysia notified- Customs Tariff Notification No.128 deeper tariff cuts on import from Korea notified- Customs Tariff Notification No.123 deeper tariff cuts on import from Srilanka & Pakistan under SAFTA notified- Customs Tariff Notification No.125 Schedule of Rates for Service Tax Refund to Exporters notified in supersession of Notification No.17/2009-Service Tax Notification No. 52 Customs duty on import of several products from specified countries lowered-Customs Tariff Notification No.113 Anti-dumping duty on ‘Sodium Hydrosulphite (SHS)’, falling under headings 2831 and 2832 , originating in, or exported from, China PR- Customs Tariff Notification No.111 CBEC specifies documents required for Registration of ServiceTax Customs duty on import of 532 Products from Singapore lowered-many products exempted from duty-Customs Tariff Notification No. 106 Government allows Rebate of excise duty on export of goods to Nepal under ARE-1 Procedure w.e.f. 1st March 2012-Central Excise Non-Tariff Notification No.24
Important Links SC HC CESTAT ITAT AAR
CESTAT RULINGS 2009
the documents were not in the name of the assessee's factory situated at Silvassa but the same were issued in the name of the head office of the assessee situated at Mumbai. However, I find that there is otherwise no dispute about the input services received by the assessee. The substantive benefit cannot be denied on the procedural grounds
Cenvat credit with regard to service tax paid by them on the use of mobile phones and maintenance of motor vehicles as input service which is provided by the appellants to their employees / officers. - the mobile phones are all standing in the name of the company and used by the employees in relation to the work only and incidentally can be used for personal work but that by itself is no ground to deny the credit - the appellants are entitled to avail credit as input on the said service availed to the extent of allotted limits
prior to the enactment of Section 66A, there was no authority vested by law on the respondents to levy service tax on a person who is resident in India but who receives services outside India.
it was the appellant who worked out the duty liability, the fact that Revenue did not do any investigation except issuance of show cause notice based upon the profit and loss account, the fact that amount involved can be considered to be a drop in a bucket when the total amount of service tax paid by the appellant is taken into account, I think it is a fit case for invoking Section 80 of Finance Act, 1994 and set aside the penalties imposed on the appellant
as the respondent has not established nexus between any of the four services and the manufacture or clearance of excisable goods, the benefit of CENVAT credit in respect of such service cannot be allowed
If it is found that the main contractor paid service tax on the same service for the same period, there would be no tax liability for the assessee (sub-contractor).
the education cess and higher education cess which was paid alongwith the excise duty in terms of exemption Notification No. 56/02 dated 14.11.2002 are not refundable alongwith the excise duty paid under the said exemption notification.
From the scheme of determining Central Excise Duty on the goods sold by a 100% EOU into DTA, as laid down in the proviso to Section 3(1) of Central Excise Act, 1944, it is clear that the goods manufactured by a 100% EOU have been placed on par with the imported goods and the sale of the goods by a 100% EOU into DTA is on par with import of goods into India. Therefore, if the such sale satisfies the conditions for accepting the transaction value, as prescribed under sub-rule (2) of Rule 4 and the circumstances referred to in Rule 10A are not present, the transaction value of such DTA sales can be adopted as assessable value under Section 14(1) of Customs Act read with Rule 3 of the Valuation Rules.
(i) Whether the invoice price of the flowmeters sold by the PC, (a 100% EOU) into the DTA to SC (related person) is the transaction value for the purpose of payment of excise duty under the proviso to Section 3(1) of the Central Excise Act, 1944 or whether the duty is payable on the sales price of the goods sold by SC to the customers? - (ii) In the alternative, whether the assessable value is to be worked out under Rule 7 of the Customs Valuation (Determination of Price of Imported Goods) Rules, 1988?
CESTAT Rulings Page1
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