3 November, 2015
The Joint Committees on Business Processes for Goods & Services Tax (GST), set up by the Ministry of Finance, have given their reports providing a broad outline of the processes to be followed in respect of registration, payments, refunds and in case of filing of returns under the proposed GST regime by the assessees.
13 October, 2015
The Supreme Court of India has held that Anti-dumping duty is not imposable on imports made during the period after the expiry of the provisional anti-dumping duty and before imposition of the final/definitive anti-dumping duty.
The Apex Court held that incorporation of provisional duty in the final duty, in the manner ...
9 July, 2015
New Zealand continues to seek ways to reform its anti-dumping and countervailing duties regime. Last year it had sought views on introduction of a bounded public interest test (Refer, International Trade Amicus, July 2014 issue) and now proposes to lay down the broad parameters and procedure to take into account the effect of AD, on public -...
8 June, 2015
European Union’s Court of Justice has upheld the investigation authority’s conclusion of including non-cooperating domestic manufacturers in the definition of domestic industry for the purpose of injury analysis. Further, noting that provisions under Article 4(1) of the EU’s Basic Regulations [Definition of ‘domestic industry&...
23 December, 2014
India took its first major step on GST when the 122nd Constitutional Amendment Bill, 2014 was introduced in Lok Sabha (House of People) on 19-12-2014. The amendments proposed in the Indian Constitution relate to introduction of Goods and Services Tax across the country.
The Bill is likely to be taken up for detailed discussions in the Budget Session of the Indian Parliamen...
5th June, 2014
The High Court of Punjab & Haryana recently examined warp and weft to judge if HDPE woven fabric is artificial silk [A.R. Plastic P. Ltd. v. State of Haryana]. Disposing the batch of appeals by various dealers, it held that HDPE / PP woven fabric falls within entry 51 of Schedule B of Haryana VAT Act, 2003, (the Act) and is exempt from VAT.
Goods at issue
The appellant s...
8 May, 2014
Delhi High Court has held that in the absence of Rules under Section 9AA(2)(i) of the Customs Tariff Act, 1975, limitation period of one year for making a refund application would be as indicated in Section 27(1B)(b) of the Customs Act, 1962, in the facts of the case. The court in Chandra Prabhu International Ltd. case hence allowed refund of anti-dumping duty, paid earlier under ...
By Noorul Hassan
Currencies across the globe need to have universal application and acceptability and have been given sovereign validity, sanctity by the respective countries that issue them. Each country issues its own unique currency that is valid within its territory. Currencies like the United States dollar and the Euro are accepted in many countries and are freely convertible in almost a...
By Edouard Descotis
The Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade (the “WTO Anti-Dumping Agreement”) provides that anti-dumping duties can be imposed on dumped imports that cause injury to the domestic industry. It also provides guidance to determine the level of remedy which, in any c...
By Varun Chablani
The Government of Tamil Nadu has brought out certain amendments to the Tamil Nadu Value Added Tax Act 2006 (‘the Act’) and the Tamil Nadu Value Added Tax Rules, 2007 (‘the Rules’), with effect from 29th January, 2016 [see end note 1]. From a holistic reading of the amendments it is clear that the legislatur...
By Aayush Singla
In the case of State of Punjab v. Nokia India Pvt Ltd (2014-VIL-23-SC), the Supreme Court held that battery charger of a cell phone is not a composite part of the cell phone but only an accessory and is an independent product. Hence, battery chargers sold along with cell phones were held to be assessable ...
By T.D. Satish
Despite lack of procedural clarity about the conduct of oral hearings, India scores over EC, South Africa and Pakistan by requiring a compulsory hearing.
The One of the most sacrosanct principles of natural justice – the legal maxim of audi alteram partem, requires that no person shall be condemned or punished unless such person is heard. Oral hearing or one to one meetings w...
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