CUSTOMS &
INTERNATIONAL TRADE
Customs
Notification
No. 35/2013-Cus.dated July 18, 2013
Amends
Notification No.46/2011-Cus. dated June 01, 2011 to allow import of self copy
paper etc. from ASEAN countries & Philippines at reduced tariff.
Notification
No. 36/2013-Cus. dated July 22, 2013
Amends
Notification No. 12/2012-Cus. dated March 17, 2012 to allow any importer to
import Liquefied Natural Gas and Natural Gas for supply to a generating company
for generation of electrical energy at nil rate of customs duty.
Notification
No. 37/2013-Cus. dated July 22, 2013
Amends
Notification No. 46/2011-Cus. dated June 01, 2011 to include Hilsa Fish
imported from Myanmar under India-ASEAN Free Trade Agreement
CENTRAL
EXCISE, SERVICE TAX, VAT & GST
Central
Excise
Notification
No. 22/2013-CX dated July 29, 2013
Exempts
scheduled formulations as defined under the Drugs Price Control Order, 2013
dated May 15, 2013 and which are subjected to re-printing, re-labelling,
re-packing or stickering in a premises not registered under the Central Excise
Act, 1944 (“the Excise Act”) from payment of whole of excise duty
subject to satisfaction of conditions prescribed therein.
CCE Vs.
Rajshree Sugars & Chemicals Ltd. [2013-TIOL-577-HC-MAD-CX]
The High Court
of Madras held that Cenvat Credit cannot be denied on the ground that molasses
is not an input in the manufacture of sugar. In terms of proviso to Rule 57F of
the Central Excise Rules, 1944, credit of duty allowed in respect of any input
can be utilised towards payment of duty on any other final product irrespective
of whether such inputs have been used actually in manufacture of such final
product.
Gularia Chini
Mills Vs. Union of India [2013-TIOL-568-HC-ALL-CX]
The
High Court of Allahabad held Rule 6 of the Cenvat Credit Rules, 2004 (“the
Credit Rules”) provides that if Cenvat credit has been taken on inputs
which are used for manufacture of dutiable and exempted final products then
assessee is required to reverse proportionate Cenvat credit or pay 10%/5%
amount of value of exempted final products. Electricity is not excisable goods
under Section 2(d) of the Excise Act. Therefore, Rule 6 of the Credit Rules is
not applicable.
Service Tax
Maharashtra
State Electricity Distribution Co Ltd. Vs. CCE [2013-TIOL-1080-CESTAT-MUM]
The
CESTAT held that vacancy in government departments are well known and cannot be
a reason for non-filing of appeals within prescribed statutory time limits.
Accordingly, application for condonation of delay was rejected.
CCE
Vs. Kumbhi Kasari SSK Ltd. [2013-TIOL-1085-CESTAT-MUM]
The
CESTAT held that buffer
stock subsidy received by assessee from Government of India is not on account
of services rendered by assessee to Government of India but as a compensation
for loss of interest, cost of insurance etc. incurred on account of maintenance
of stock. Accordingly, service tax is not payable on the same.
Entry Tax
& VAT / GST
Canon India Private Limited Vs. State of Tamil Nadu
[2013-VIL-53-MAD]
The High Court of Madras held that inkjet
cartridges and toner cartridges are parts and accessories of printer which is
peripheral to a computer system. Therefore, inkjet cartridges and toner
cartridges would be covered under Entry Nos. 22 & 24 of Serial No. 68 of
the First Schedule of the Tamil Nadu Value Added Tax Act, 2006 (“the Tamil
Nadu VAT Act”).
USA Agencies Vs. Commercial Tax Officer
[2013-VIL-55-MAD]
The High Court
of Madras upheld the constitutional validity of Section 19(11) of the Tamil
Nadu VAT Act and held that legislature consciously enacted Section 19(11) of
the Tamil Nadu VAT Act with avowed object of incorporating time frame for
availing Input Tax Credit before end of financial year or before ninety days
from the date of purchase whichever is later. The provision is for safeguarding
interest of revenue and to prevent cascading effect of tax burden on ultimate
consumer.
Seema Enterprises Vs. Commercial Tax Officer
[2013-VIL-53-ALH]
Goods in
transit were intercepted and seized on presumption that same may be unloaded
inside the State of Uttar Pradesh on account of previous history of
transporter. The High Court held that neither transit declaration form was
found to be non-genuine or improper nor any detail relating to the goods
furnished in transit declaration form was found to be incorrect. Further, there
is absolutely no material on record to presume that the goods may be unloaded
inside the State of Uttar Pradesh. Therefore seizure of goods was illegal. Each and every
transaction has to be examined independently on its own merit and past conduct
is wholly irrelevant.
Petroleum under
GST ambit, but alcohol & tobacco out for now [Business Standard,
July 31, 2013]
The Centre and the states have agreed to
keep petroleum under the GST regime, while alcohol and
tobacco might stay out of new tax regime.
