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 ...
Dated: Apr 15, 2016
No interest if differential duty paid before finalization of provisional assessment
1 January, 2016
The Supreme Court of India has dismissed the Special Leave Petition filed by the Revenue department against the order of the Bombay High Court in a case involving liability to pay interest when the duty was paid before finalization of provisional assessment. The Apex Court in its Order dated 14-12-2015, found absence of any merit in the petition filed by the Reven...
Dated: Jan 01, 2016
PDI and free after sales services charges when not includible in transaction value of vehicles
1 January, 2016
Pre-delivery inspection charges (PDI) and free after sales service charges, which are not charged by the manufacturers of vehicles from the dealers, are not to be included in the transaction value of the vehicles, on which the manufacturer has to pay Central Excise duty.
The Supreme Court has by its Judgement dated 15-12-2015, hence overruled ...
Dated: Jan 01, 2016
New All Industry Rates of Drawback notified
17 November, 2015
Central Board of Excise and Customs (CBEC) has notified new All Industry Rates (AIR) of Duty Drawback which are effective from 23-11-2015, i.e. will be applicable on exports made from 23rd of November 2015. Further, Customs, Central Excise and Service Tax Drawback Rules, 1995 have been amended by Notification dated 16-11-2015 to...
Dated: Nov 17, 2015
Limitation for demand for breach of exemption notification
24 July, 2015
The Bombay High Court has held that demand beyond 5 years cannot be confirmed by invoking bond in case of EOUs. It was observed that even if fraud is of great magnitude and there is admission of involvement, it does not mean that recovery of duty, because of such fraud, can be made at any time under Section 11A of the Central Excise Act, 1944. The High Court b...
Dated: Jul 24, 2015
Mandatory pre-deposit for appeals filed prior to 6-8-2014
16 July, 2015
Rajasthan High Court has agreed with the earlier Order of the court (Paramount Security v. UoI – W.P. No. 12232) which had held that effect of the amendment to Section 35F of the Central Excise Act, 1944 in 2014 cannot be restricted only for appeals filed after 6-8-2014.
According to the earlier order such restricti...
Dated: Jul 16, 2015
Exemption notification – Applicability of Interpretative Rules of Excise Tariff
3 July, 2015
Three Judges Bench of the Supreme Court has, on 1-7-2015, held that Rules of Interpretation of the Central Excise Tariff may not be applicable if the notification (exemption notification) commands and require a different understanding. Holding that rules or principles of interpretation are always subject to context and are not binding commands, the Court rejected the...
Dated: Jul 03, 2015
EOUs – FTP provisions incorporated in Excise notifications
15 June, 2015
Notification Nos. 22/2003-C.E. and 23/2003-C.E. have been amended by Notification No. 28/2015-C.E., dated 15-5-2015 to reflect the new Foreign Trade Policy 2015-20 notified by the Ministry of Commerce on 1st of April. Some of the important changes are,
-
EOUs have been allowed to return, without payment of duty, capital goods tra...
Dated: Jun 15, 2015
Manufacture & excise – Supreme Court lays down guidelines
22 May, 2015
Supreme Court of India has recently delivered three important judgments relating to the question as to whether the process followed by the assessee amounts to ‘manufacture’ for the purpose of imposition of Central Excise duty, which is levied in India on manufactured goods.
No ‘manufacture’ in sterilization of syring...
Dated: May 22, 2015
Finance Act, 2015 comes into force
18 May, 2015
Finance Bill, 2015 has received President’s Assent and Finance Act, 2015 (20 of 2015) is in force from 14 May, 2015.
Major amendments include amendment to Section 28 of the Customs Act, 1962 to provide for non-imposition of penalty if duty with interest is paid within 30 days of receipt of show cause notice. The new provisions, relevant in case o...
Dated: May 18, 2015
Budget 2015 – Penalty provisions relaxed in Excise and Customs
28 February, 2015
Finance Bill 2015 introduced in the Lok Sabha (Lower House of the Indian Parliament) today on 28-2-2015, has proposed certain relaxations in respect of penalty provisions under Central Excise and Customs Laws.
Section 28 of the Customs Act, 1962 is proposed to be amended to provide for non-imposition of penalty if the person to whom a show cause notice has been issued in ...
Dated: Mar 01, 2015
Budget 2015 – Tax rates enhanced but procedures relaxed
28 February 2015
Rate of Central Excise duty, which is levied on goods manufactured in India, have been revised upwards for several items. In its first full Budget presentation since taking office in June last year, the Finance Minister has today (28-2-2015) enhanced the rates of Central Excise duty to 12.5%. There is however a small breather inasmuch as exemption has been provided from the E...
Dated: Feb 28, 2015
若需要较早的文档请参阅档案部分