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Exemption for supply to R&D establishment

19 May 2016

CESTAT Mumbai has allowed benefit of Notification No. 10/97-C.E. to air-conditioning and refrigeration equipment supplied to Research & Development Organisations namely, Vehicle Research & Development Establishment, and the Electronic & Radar Development Establishment, when the AC system were specially designed and modified, by the...

Lease equalisation levy is not consideration and not liable to Service tax

19 May 2016

To qualify as ‘gross amount charged’ there must be a payment and it must be in the nature of a consideration for a service. The Tribunal in the case of Reliance Infratel Ltd v. Commissioner has held that amount for ‘lease equalisation levy’ which had been entered in the books of accounts of the assesse...

India-Mauritius Double Taxation Avoidance Convention re-cast

17 May 2016

As per Procotol signed on 10-5-2016, India and Mauritius have agreed to certain amendments in the ‘Agreement for avoidance of double taxation and prevention of fiscal evasion with Mauritius’ (DTAC) between the two countries. The DTAC originally signed on 24-8-1982 had been subject to much debate and India was trying to re-negotiate...

DRI officers not empowered to issue notices for imports before 8-4-2011

4 May 2016
The Delhi High Court has held that officers of Commissionerates of Customs (Preventive), Directorate General of Revenue Intelligence (‘DRI’), Directorate General of Central Excise Intelligence (DGCEI) and similarly placed officers, do not have jurisdiction to issue show cause notices under Section 28 of the Customs Act, 1962, in respe...

‘Integrated Declaration’ under the Indian Customs Single Window project

15 April, 2016

In furtherance to the Indian Customs Single Window project, wherein online permissions are being obtained from various govt. agencies, the CBEC has developed ‘Integrated Declaration’, under which all information required for import clearance by the concerned government agencies has been incorporated in the electronic format of bill of e...

Power to extend period for passing assessment order to be exercised within limitation period

15 April 2016

Supreme Court of India has held that when the normal period of limitation for passing assessment order by the Assessing Officer was three years, as per the provisions, the power to extend the period could be exercised within the said period of three years and not after the expiry of this limitation period.

The dispute [State of Pu...

BSS not covers procurement on behalf of group companies under cost sharing arrangement

15April 2016

CESTAT, Mumbai has held that when services are procured for use by several group companies, Valuation Rules do not stipulate any condition as to one on one identification of service recipient and service provider in order to fall within the ambit of 'Pure Agent'.

In the instant case, the assessee procured various services for u...

Valuation – Cost of process carried out at job-worker’s premises after clearance

14 April 2016

The Supreme Court has held that cost relating to bullet proofing of jeeps, undertaken outside the factory by job-workers after clearance of the not-yet bullet-proofed jeeps, is not to be included in the value of jeeps for the purpose of levy of Central Excise duty.

Affirming the Order of the CESTAT, the Apex Court in its order in the ...

Subsidies to reimburse cost incurred in manufacturing and selling products – Profits ‘derived’ from business

28 March 2016

Interpreting the term ‘profits derived from business’ the Supreme Court on 9-3-2016 held that as long as profits and gains emanate directly from the business itself, the fact that the immediate source of the subsidies is the Government would make no difference. The revenue department argued that deduction under Section 80–IB (for i...

Country by Country Reporting (CbCR)

28 March 2016

This reporting requirement has been brought in this budget in line with the recommendations of BEPS Action 13 and effective from April 1, 2016 (AY 2017-18). As per Sec.286(2) , an  Indian company who is a Parent entity (Parent ) or an Alternate Reporting entity (Alternate) which is resident in India should file the Country-by-Country report for...

Budget 2016 – Certain key changes in Customs law & procedures

3 March, 2016

The Indian Finance Minister presented today (29th of February) the Finance Budget for the year 2016-17. The Budget, which usually brings into force various tax proposals of the government for the next year, has brought some important changes in the Customs regime bringing some relief to the importers and exporters.

Order denying provisional release of seized goods appealable before Tribunal

29 January, 2016

Section 110 of the Customs Act empowers a proper officer to seize goods while Section 110A allows an adjudicating authority to provisionally release seized goods pending the order of the adjudicating authority. Five Member Larger Bench of the Tribunal has now held that since an order under Section 110A of the Customs Act can be passed only by an adjudicating auth...

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