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Tax Amicus: July 2015

Tax Amicus of July 2015 covers an article on ‘GST and centralized registration’. In this article the author briefly discusses and shares thoughts on the probable impact of GST on service providers who have opted for centralized service tax registration at present.

Notification and Circular section under Customs portion covers notification amending the Courier Imports and Exports (Clearance) Regulations, 1998 to enable export of goods of value up to Rs. 25000 through courier, under the Merchandise Exports from India Scheme (MEIS). DGFT Circular has clarified that goods shall not be denied import clearance on account of expiry of Nomination Agency Certificate at the time of clearance, when the same was valid on the date of shipment/dispatch from the supplying country.

Under Ratio Decidendi, this issue summarises Madras High Court judgment wherein it has been held that Extra Duty Deposit (EDD) cannot be asked to be deposited by the appellate authority at the time of remand. Allahabad High Court has ruled that power under Section 110 of the Customs Act cannot be exercised to freeze bank account and no conditions can be imposed on an individual pursuant to Section 110A to allow operation of bank account pending an order of the adjudicating authority. Reports on such orders can be seen by going through the newsletter.

Central Excise portion of this Amicus covers CBEC notification on guidelines prescribing conditions and procedures for issue of invoices, preserving records in electronic form and authentication of records and invoices by digital signature under the Central Excise and Service Tax law. Ratio Decidendi under this section highlights Supreme Court Order holding that Rules of Interpretation of Central Excise Tariff might not be applicable if exemption notification required a different understanding. Order passed by Delhi Bench of Customs, Excise & Service Tax Appellate Tribunal (CESTAT) on availability of Cenvat credit on inputs used in production of electricity cleared to the power grid when said electricity is returned back after synchronization, is also included in this issue of Tax Amicus.

Service Tax portion brings to readers summary of CBEC Circular providing fresh guidelines to departmental officers on detailed manual scrutiny of Service Tax Returns. Ratio Decidendi under Service Tax contains several important orders and judgments like Mumbai CESTAT order holidng that only rights which are registered with the trademark or patent authorities are considered as intellectual property rights for the purpose of liability under IPR service and Karnataka High Court order holding that adjudication is to be completed before initiating steps for recovery, as mere investigation by the department is not sufficient to conclude that tax was to be recovered.

On Value Added Tax (VAT), Notification & Circular section covers a circular issued under Rajasthan VAT Act clarifying liability of a sub-contractor and notification issued by Commissioner of VAT, Delhi prescribing return in respect of the entities or persons engaged in providing facility of e-commerce through their web portals. Tripura High Court Order holding that right to use is transferred in the transaction where set-top boxes are given to the customers during provision of DTH service and Maharashtra Sales Tax Tribunal Order observing that sale is not in course of import even where the assessee placed back to back orders on his foreign vendors for purchases of the goods ordered by the customers in India, are the two important cases brought to readers under Ratio Decidendi of VAT portion of this issue of Tax Amicus.

July, 2015/Issue-49 July, 2015/Issue-49
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