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Testing whether a transaction is sale or service

29 September 2016

The High Court of Bombay in [Mahyco Monsanto Biotech (India) P Ltd v. UOI, 2016 (44) S.T.R 161 (Bom.)] examined whether the transaction undertaken by the petitioners would be exigible to service tax or to VAT where the petitioners were involved in different transactions though both urged that their transaction was a ser...

Provisional assessment – India relaxes Customs regime

24th August, 2016

Central Board of Excise and Customs (CBEC) under the Indian Ministry of Finance has simplified the procedure for provisional assessment in case of import of goods, as provided in Section 18 of the Customs Act, 1962.
Differential duty deposit dispensed with
In a major relief to t...

Special Advance Authorisation Scheme for export of apparels, introduced

19 August 2016

Special Advance Authorisation Scheme for promotion of export of apparel articles and clothing accessories of Chapter 61 or 62 of ITC (HS) has been introduced. Notification No. 21/2015-20, dated 11-8-2016 issued by Directorate General of Foreign Trade (DGFT) in the Indian Ministry of Commerce, inserts Para 4.04A in the Foreign Trade Policy 2...

Revised Excise Returns – Provisions in force from 17-8-2016

19 August 2016

Central Board of Excise and Customs (CBEC) has notified the effective date for operation of provisions regarding filing of specified revised returns under Central Excise Rules, 2002.
As per new sub-rules 12(8) and 17(7) inserted for this purpose, revised monthly return of production and removal of goods can be submitted...

Setoff under VAT when sales also made to exempted units

19 August 2016

Allahabad High Court has held that Section 4-BB of the Uttar Pradesh Trade Tax Act, 1948 (UPTT Act), which provides for set-off of tax, did not make any distinction between sales made to exempted units and taxable sales, i.e. set-off is not restricted to only those sales upon which tax was levied or collected.
The Court in this appea...

Exemptions – Obligations after recession of notification

29 July 2016
Recently two different High Courts in India have, in separate decisions, considered the question of continuation of obligations, under the exemption notifications, after the said notification has been rescinded.
Obligations when not continuous

Madras High Court has held that ...

Cenvat credit not to be denied for technical lapse

29 July 2016

In line with the spirit of upcoming GST law, Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has reiterated that Cenvat credit is not to be denied on technical ground. It has also been held that lack of vehicle number on the invoice is not relevant.

Cenvat credit on invoices issued by non-registered inpu...

Uniform price does not prove charging of tax from buyers

28 July 2016
Supreme Court has held that uniform pricing cannot be a ground to hold that the assessee was charging sales tax on the sale price of goods manufactured in the exempt unit. The assessee was engaged in manufacture of blended packet tea in its factory at Dharwad in Karnataka, wherein it was granted sales tax exemption for five years from t...

Refund – Limitation when amount deposited on audit objection

28 July 2016

The assessee had deposited a sum as service tax with department on audit objection raised. Subsequently, show cause notice was issued demanding payment of service tax along with interest which included the amount deposited at audit objection stage. Demand was later dropped and assessee sought refund of amount deposited by him. Issue for consi...

GST in India – ‘Supply’ defined

15 June 2016

The taxable event for levy of Goods and Services Tax (GST) is ‘supply’ and hence Section 3 of the Model GST Act, released by the Finance Ministry yesterday (14th June 2016), covers the meaning and scope of ‘supply’.

The specific inclusions under the term ‘supply’ are as under: ...

GST Model Law in India – Credit mechanism specified

15 June, 2016

Model Goods & Services Tax Act has been released by the Indian Finance Ministry on 14th of June. The Model Law amongst other details also provides mechanism for taking Input Tax Credit (ITC) in respect of defined inputs, capital goods and input services. The terms inputs and input services have been defined in a wide manner to cover g...

India prepares for GST – Model Act released

15 June 2016

The Model Goods & Services Tax (GST) Act as prepared by the Empowered Committee has been released by the Indian Ministry of Finance on 14th of June.

The Constitutional (One Hundred and Twenty-Second) Amendment Bill, 2014, to empower the Indian government to levy such tax, which will subsume presently levied Centr...

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