Valuation of composite goods under VAT laws
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 ...
Dated: Nov 17, 2015
Industrial/ Institutional Consumers – the argument continues
By Shweta Kathuria
The Department of Consumer Affairs (Legal Metrology Division) by notification dated 14-5-2015 amended the Legal Metrology (Packaged Commodities) Rules, 2011 (“PC Rules”). The PC Rules were framed to safeguard the interest of consumers by ensuring that the dealers cannot take undue advantage of innoc...
Dated: Jun 15, 2015
Industrial/ Institutional Consumers – Complicating the uncomplicated
By Sagar Singhal & Shweta Kathuria
The great Chinese philosopher Kong Qiu, famously known as Confucius, once said - “Life is really simple, but we insist on making it complicated”. This has exactly happened after the recent amendment made in the Legal Metrology (Packaged Commodities) Rules, 2011 (“PC Rules”) regarding packages supplied to “industrial consumers” and “institu...
Dated: Aug 13, 2013
Pre-packed commodity - The controversy continues
By Divya Jain
“Metrology is the science of measurement, embracing both experimental and theoretical determinations at any level of uncertainty in any field of science and technology.” [International Bureau of Weights and Measures (BIPM)].
The Legal Metrology Act, 2009, enacted in April, 2011, repeals the over three-decades-old cumbersome Standards of Weights & Measures Act, 1976. There a...
Dated: Feb 24, 2012
Tax Amicus: November 2012
Applicability of Sales tax on an agreement to sell under-construction flat, in the light of the recent Bombay High Court decision, is the topic of discussion this month. CESTAT has held that export goods conforming to DGFT criteria are not liable for confiscation and that refund of central excise duty is available in case MRP is reduced at the depot. This issue of "Tax Amicus" also covers Order...
Tax Amicus: June 2012
Tax liability in respect of hire-purchase transactions under various State laws is discussed at length in this issue. The article argues that there is double taxation on processing fees/documentation charges and that standardization of practices and uniformity is the need of the hour. In Central Excise, abatement quantum has been revised for several electronic items for the purpose of MRP based...
Tax Amicus: May 2012
This issue of "Tax Amicus" carries article pointing to certain anomalies in MRP based valuation/assessment of cosmetics less than 10g or 10ml. "Ratio decidendi" covers CESTAT orders holding Special CVD refund as admissible on goods imported and transferred on right to use basis and that Cenvat credit as available based on provisionally assessed Bill of Entry and on the services used in wind mil...
若需要较早的文档请参阅档案部分