Indirect Tax Latest Judicial Precedents September 2016

  • Category: Erstwhile Indirect Tax Laws
  • Date: 12-09-2016
  • Writers: CA Ashish Chaudhary, CA Ranjni Rao Acharya

HIGH COURT

  1. Amount paid as “tax” by assessee under mistaken belief of fact or law or both, being erroneous and without authority of law, cannot be retained by Government (G.B. Engineers Vs UOI 2016-43-S.T.R.-345-Jhar.)
    • Background: Assessee filed a refund claim for an amount erroneously deposited for the period during which service tax was not leviable on services provided. Department contended that refund claim is time bared as per section 11B of CEA, 1944 read with...
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General Terms and Condition- Refund Policy

  • Category: Erstwhile Indirect Tax Laws
  • Date: 01-09-2016
  • Writer: Hiregange Team

Indirect Tax Latest Judicial Precedents Aug'2016

  • Category: Erstwhile Indirect Tax Laws
  • Date: 01-08-2016
  • Writers: CA Ashish Chaudhary, CA Ranjni Rao Acharya
  1. Assembling of different parts of decorative lamp shades & chandeliers does not amount manufacture(Kapoor lamp Shade Co. 2016(337) E.L.T. 14 (P& H)
    • Background: Assessee procures various components of lampshades & chandelier from a different source and thereafter packs the same in cartons & put thereon its logo. Department considered that the assembling of different parts would amount to manufacture and hence liable to excise duty
    • Issue: Whether assembly of different parts of...
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Indirect Tax Latest Judicial Precedents July 2016

  • Category: Erstwhile Indirect Tax Laws
  • Date: 01-07-2016
  • Writer: CA Ashish Chaudhary
  1. Input Tax credits can be claimed based on invoice value even though goods sold to consumer at discounted price by dealer (Jyoti electronics 2016(336) E.L.T. 517 (Raj)
    • Background: Assessee, dealer of electronic goods, received quantity discount from manufacturer. Goods so purchased were sold at discounted price to the consumer. Assessee took credit of tax charged by manufacturer on gross amount i.e. before discount. Department contended that credit cannot be taken on invoice amount...
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Indirect Tax Latest Judicial Precedents June 2016

  • Category: Erstwhile Indirect Tax Laws
  • Date: 01-06-2016
  • Writer: CA Ashish Chaudhary
  1. Compulsorily availment of exemption not made applicable to service tax (CCE Vs. Federal Mogul TPR India Ltd., Bangalore 2016 (42) S.T.R. 427 (Kar.)
    • Background:Assessee engaged in activity of chrome plating on job work basis. Job work charges exempted from ST if excise duty paid on final products by principal manufacturer. The assessee did not claim ST exemption, availed credit and charged service tax on job work charges. Manufacturer claimed credit of service tax charged by job...
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Recent developments and credit availment by Hotels and Restaurants

  • Category: Erstwhile Indirect Tax Laws
  • Date: 14-05-2016
  • Writer: CA Roopa Nayak

Introduction  

Cenvat scheme is a beneficent piece of legislation and unless it is shown that the items are specifically excluded from the definitions of the terms “inputs”, “input service” or “capital goods”, Cenvat Credit cannot be denied to a manufacturer of final products or provider of output service.   

The cenvat credit cannot be availed on inputs, input services, capital goods which are used to provide exempted services. Rule 2(e) of Cenvat Credit Rules...

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Recent developments and credit availment by Hotels and Restaurants

  • Category: Erstwhile Indirect Tax Laws
  • Date: 14-05-2016
  • Writer: CA Roopa Nayak

Excise impact on jewellery

  • Category: Erstwhile Indirect Tax Laws
  • Date: 03-05-2016
  • Writer: Atul Rathod

Background:-   

In the union budget it was announced that jewelry excluding Silver jewellery other than which stubbed with diamonds and precious stones will be liable to excise duty from 01.03.2016. In order to bring the jewelry people in tax bracket, government started imposing excise duty on jewelry. As per the basic understanding, the liability to pay Central Excise duty is on the person who manufactures the goods irrespective whether he has manufactured on his own or has done...

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Excise impact on jewellery

  • Category: Erstwhile Indirect Tax Laws
  • Date: 03-05-2016
  • Writer: Atul Rathod

Common Errors - Cenvat Credit - Part 1

  • Category: Erstwhile Indirect Tax Laws
  • Date: 03-05-2016
  • Writer: CA Venkatanarayana G M