Part and accessories if mentioned as goods in specific tariff heading, is to be classified in their respective heading only-Supreme Court M/s Secure Meters Ltd. vs. Commissioner of Customs (Supreme Court), Civil Appeal No.-7526 of 2004, Date of Pronouncement- May 5,2015 Brief of the case: The Hon’ble Supreme court in the case of Secure Meters… Read More »
Anti dumping duty on Imports of Potassium Carbonate NOTIFICATION NO. 40/2015-Cus.,(ADD), Dated: August 12, 2015 Seeks to impose anti-dumping duty on the imports of Potassium Carbonate, originating in or exported from Taiwan and Korea RP for a period of five years GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) NEW DELHI NOTIFICATION NO. 40/2015-Cus.,(ADD),… Read More »
Anti dumping duty on imports of Flax or Linen Fabric NOTIFICATION NO. 39/2015-Cus.,(ADD), Dated- 12th August, 2015 Seeks to levy definitive anti-dumping duty on imports of Flax or Linen Fabric having flax content of more than 50% , originating in or exported from the People’s Republic of China and Hong Kong for a period of… Read More »
Question : Can the Assessee take cenvat Credit on engineering consultancy service used for construction of railway siding which is constructed for transport of coal to captive power plant for generation of electricity ? Construction of railway siding is only to facilitate transportation of coal to assessee’s factory – Transportation of coal is necessary for generation… Read More »
Question : Whether there is a need to declare MRP on cement cleared to builders and Govt.? Answer : Builders, government and RMC (Ready-mix Concrete) producers quality as ‘industrial/institutional buyers’ and there is no need to declare RSP (retail sale price) on cement cleared to them CESTAT, NEW DELHI BENCH Ultratech Cement Ltd. v. Commissioner of Central… Read More »
JUDGMENT OF SUPREME COURT IN CASE OF SRF LTD. V. COMMISSIONER OF CUSTOMS, CHENNAI [2015] 56 taxmann.com 407 (SC) – CLARIFICATION RELATING TO NOTIFICATIONS NO.30/2004-C.E., DATED 9-7-2004; NO.1/2011-C.E., DATED 1-3-2011 AND NO.12/2012-C.E., DATED 17-3-2012, AS AMENDED FROM TIME TO TIME CIRCULAR NO.1005/12/2015-CX, DATED 21-7-2015 It may recalled that the Hon’ble Supreme Court, in the case… Read More »
Issue: Whether refund of CENVAT credit is allowed if input services were used in relation to export and the export proceeds were not realized? Held: Yes,Refund of CENVAT available when export proceeds were not realized M/s P&P Overseas Vs. Commissioner of Central Excise, Excise Appeal Nos. 1307-1308 of 2011, Date of Decision: 29.10.2014, CESTAT –… Read More »
Use of own name on goods does not make them branded Where goods were cleared with superscription ‘manufactured and packed by SVS & Sons’ on packaging, said use of assessee’s own name on goods does not make those goods ‘branded’; said goods can be regarded as cleared without any brand name and eligible for exemption… Read More »
CENVAT Credit when the car is in name of partner of firm should not be denied Credit of insurance/repair of motorcar is available to assessee-firm even if car is in name of partner, provided car is shown as assets in books of firm and depreciation and other expenditure thereon is incurred/borne by firm CESTAT, MUMBAI… Read More »
[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)] Government of India Ministry of Finance (Department of Revenue) New Delhi, the 21st July, 2015 Notification No. 37/2015 – Central Excise G.S.R (E).- In exercise of the powers conferred by sub-section (1) and sub-section (2A) of section 5A of the… Read More »