Committee set up to review service tax refund to exporters
A three member committee, consisting of the Director General of Service Tax, the Commissioner of Service tax in the CBEC office, and Director TRU, has been set up to review the modality of service tax refunds to exporters. The CBEC has issued Circular No. 156/7 /2012-ST dated 9 April 2012 to this effect. The committee will review the scheme for electronic refund of service tax to exporters that was notified under notification 52/2011-ST dated 30 December 2011. The terms of reference of the committee are to (a) evolve a scientific approach for the fixation of rates in the schedule of rates for service tax refund; and (b) propose a revised schedule of rates for service tax refund, taking into account the revision of rate of service tax from 10% to 12% and also movement towards ‘Negative List’ approach to taxation of services. The circular can be seen at http://www.servicetax.gov.in/circular/st-circular12/st-circ-156-2012.htm
The document discusses various topics related to international travel including:
- The need for a passport and visa when traveling abroad
- Visa requirements depending on citizenship and destination country
- The importance of phrase books and knowing some of the local language when visiting a foreign country
- Safety tips like using money belts, choosing secure accommodations, and being aware of pickpockets and muggers
- Factors to consider when choosing a travel buddy like compatible schedules, finances, and travel goals
This document contains a student's homework assignment that includes several sections:
1) 10 quick math questions with answers
2) A short story about a boy named Mark who learns to play baseball from another boy named Max
3) A table with numbers and colors
4) Definitions of six bones in the human body
5) The student notes doing math practice on Sumdog, reading a book, having spelling words, and hoping their teacher likes their homework.
El documento propone el rediseño de los accesos peatonales y vehiculares a la Unidad Educativa Nacional Napo, ubicada en la Avenida Quito, mediante la construcción de un puente peatonal, el tratamiento de cerramientos y aceras, y la consolidación de paradas de buses. Esto forma parte de un proyecto mayor de regeneración urbana de la Avenida Quito.
This document contains a list of vocabulary words related to travel, including amenities found in hotels like air conditioning, mini bars, and private terraces. It also includes common travel items such as cameras, guidebooks, rucksacks, and suntan cream. Various payment methods are referenced at the end, including credit cards, ATM cards, and traveller's checks. The vocabulary list is presented to students by a teacher named Mrs. Cardona for a unit on travel.
El documento presenta información sobre varios eventos y convocatorias relacionadas con la educación y la ciencia. Entre ellas se encuentran: becas Fulbright para posgrados en Estados Unidos, la Semana de la Ciencia organizada por estudiantes de la Facultad de Ciencias, un taller sobre sistemas embebidos, la Semana de Vacunación en las Américas, becas para estudiantes universitarios de grado e investigación, y un curso de animación 2D para estudiantes.
The document discusses various topics related to international travel including:
- The need for a passport and visa when traveling abroad
- Visa requirements depending on citizenship and destination country
- The importance of phrase books and knowing some of the local language when visiting a foreign country
- Safety tips like using money belts, choosing secure accommodations, and being aware of pickpockets and muggers
- Factors to consider when choosing a travel buddy like compatible schedules, finances, and travel goals
This document contains a student's homework assignment that includes several sections:
1) 10 quick math questions with answers
2) A short story about a boy named Mark who learns to play baseball from another boy named Max
3) A table with numbers and colors
4) Definitions of six bones in the human body
5) The student notes doing math practice on Sumdog, reading a book, having spelling words, and hoping their teacher likes their homework.
El documento propone el rediseño de los accesos peatonales y vehiculares a la Unidad Educativa Nacional Napo, ubicada en la Avenida Quito, mediante la construcción de un puente peatonal, el tratamiento de cerramientos y aceras, y la consolidación de paradas de buses. Esto forma parte de un proyecto mayor de regeneración urbana de la Avenida Quito.
This document contains a list of vocabulary words related to travel, including amenities found in hotels like air conditioning, mini bars, and private terraces. It also includes common travel items such as cameras, guidebooks, rucksacks, and suntan cream. Various payment methods are referenced at the end, including credit cards, ATM cards, and traveller's checks. The vocabulary list is presented to students by a teacher named Mrs. Cardona for a unit on travel.
El documento presenta información sobre varios eventos y convocatorias relacionadas con la educación y la ciencia. Entre ellas se encuentran: becas Fulbright para posgrados en Estados Unidos, la Semana de la Ciencia organizada por estudiantes de la Facultad de Ciencias, un taller sobre sistemas embebidos, la Semana de Vacunación en las Américas, becas para estudiantes universitarios de grado e investigación, y un curso de animación 2D para estudiantes.
Personne ne conteste que les technologies sont omniprésentes dans la vie de nos étudiants - et de la nôtre aussi! Une fois ce constat fait, comment un collège peut-il en tirer parti? Nous vous suggérons pendant ce webinaire de faire un portrait des lieux pour voir comment les services aux étudiants peuvent intégrer les technologies dans leurs projets et s’en servir pour rejoindre les étudiants. Nous illustrerons notre propos par ce qui se fait dans le réseau des cégeps et ailleurs, puis nous ferons de la prospection sur ce qui nous attend dans les prochaines années.
The document discusses various rights that children should have, including the right to relax and play, the right to be educated, the right to have a name, the right to safe water, the right to not engage in child labor, the right to housing, and an overall right to basic rights and protections. It presents brief arguments for each of these rights and some of the negative consequences children face when these rights are not upheld, such as disease, injury, or death. The document is a collection of short passages advocating for children's rights on various topics.
RBC Media Holding owns multiple media products with unique audiences that do not overlap. These include print media, RBC TV, and internet resources. The total audience of all RBC resources exceeds 91 million people per month. RBC.ru is the largest business portal and ranked #1 among information agencies and #5 in advertising effectiveness. Since 2009, RBC.ru's monthly audience has grown three times to 19.9 million people in March 2012 while maintaining audience quality.
This document lists 10 commercial real estate properties for sale in Berlin and other parts of Germany, providing the price and annual rental yield for each. The properties range in price from €1,569,000 to €5,640,000 and have rental yields ranging from 6.66% to 8%, with many noted as having long-term tenants and good locations.
Dos canciones fueron mencionadas en el programa de radio El Mañanero del 25 de agosto. La primera canción es "No hago otra cosa que pensar en ti" interpretada por Susan Ferrer para el álbum Entre él y Yo en 2012. La segunda canción es "Ya no puedo morir más" interpretada por Armando Rosas e incluida en la banda sonora de la película La mitad del mundo también en 2012.
5 Design provides an online 3D shopping platform to address customers' problems with existing online stores like high prices, bad experiences, and lack of interactivity. Their solution is an interactive online store offering great deals on products that can be viewed in 3D. Their competitors include Myntra, Flipkart, Letsbuy, Homeshop18 and Naaptol. The founding team consists of 4 students studying engineering, computer science, pharmacy and finance.
This document provides frequently asked questions about using the ObiMobile editor to create mobile apps. It covers questions about creating apps, templates, inserting widgets like timers and galleries, and basic functions like adding images and links. Key templates mentioned include blank, ready-made, master page, and list templates. Functions covered include uploading images, inserting images, tables, lists, links, and widgets.
CESIM: Ecole Supérieure d'Ingénierie Informatique à Tanger.
Approche pédagogique: apprentissage par projet.
Présentation des activités et ateliers organisés pendant les études.
Présentation des projets initiatives réalisés par les étudiants du CESIM.
Présentation des chaines youtube du CESIM
http://www.cesim.ma
CCH Practice / Workflow Management with Comprehenssive Audit, ROC, Consultanc...Pramod Kudtarkar
CCH ProSystem India provides software solutions for accounting and tax professionals to help manage workflows, practice management, timekeeping, document management, and auditing. The software includes features like job management, resource allocation, timesheet tracking, and reporting. It aims to help professional practices improve organization and control over client services and deadlines through system-driven processes.
We have developed XBRL with advance technology of Semantic, which extracts data from word, excel and PDF. You do not have to do data entry. It is online software and you do not require installing and training. You can complete your XBRL filing in just 30 MIN. It is fastest XBRL
The document provides updates on recent changes in indirect taxation in India. It summarizes that the Finance Act 2012 has been enacted and service tax rules for settlement and compounding of cases have been notified. It also summarizes that the CBEC has issued a transfer order for Commissioners and excise notifications have been rescinded. Additionally, it summarizes that the CESTAT has upheld service tax demands on EPC projects for irrigation canals.
Anshul faced difficulties in running the Excise Module in SAP B1. These included:
• Data integrity issues to meet the requirements of Excise, and using multiple and customized software
• Non-availability of required data in ERP to generate Excise reports appropriately. E.g. RG-23D page number and serial number were missing.
• Data qualification, validation and error logging features were unavailable, and hence were difficult to meet required statutory obligations.
• Data update capability used to edit, sales return and purchase return
Power given to cost accountant / chartered accountant to inspect records for audit
The government may appoint a cost accountant or chartered accountant for valuation audit or Cenvat credit audit of the accounts of an assessee, under sections 14A and 14AA respectively of the Central Excise Act 1944. Now the government has amended the Central Excise Rules 2002 to provide legal backing for inspection of records by such an auditor. Rule 22 of the Central Excise Rules 2002 has been amended to this effect by notification 22/2012-CE(NT) dated 30 March 2012, which can be seen at http://cbec.gov.in/excise/cx-act/notfns-2012/cx-nt2012/cent22-2012.htm.
The document provides three summaries:
1. The central government has amended exemptions for gold and silver jewelry and goldsmith/silversmith wares made of precious metals.
2. Exports of commercial services has slowed down significantly according to preliminary estimates, with a 3% rise in the last quarter of 2011 compared to 12% in the previous quarter.
3. The proposed section 66D of the Finance Act 1994 outlines a negative list of services that would not be taxable, which includes several government, agricultural, educational and other services.
Flip flop on ban on cotton exports
The Ministry of Commerce banned export of cotton on 5 March 2012. The ban covered even exports against contracts already registered with the Ministry. The reason cited was that exports have already exceeded the target of 8.4 million bales. Accordingly, the CBEC issued circular no. 6/2012-Customs dated 6 March 2012 (http://cbec.gov.in/customs/cs-circulars/cs-circ12/circ06-2012-cs.htm) to its customs formations, instructing them that the export is prohibited, that there will be no transitional arrangements, and that the details of all consignments already handed over to customs for export must be reported. However, upon receiving clarification from the DGFT under its Circular No. 58(RE-2010)/2009-14 dated 09-03-2012, the CBEC issued another circular 7/2012-Customs dated 9 March 2012 (http://cbec.gov.in/customs/cs-circulars/cs-circ12/circ07-2012-cs.htm) instructing its customs formations to allow export of consignments in respect of which ‘let export’ orders were issued upto 2400 hours on 5 March. Finally the DGFT withdrew its ban, by notification no. 106 (RE-2010)/2009-14 dated 12 March 2012. However it requires all registrations to be subjected to re-scrutiny.
The ban had evoked strong protests from growers and ginners in the domestic sector, but had been welcomed by the textile industry. Reports can be seen at http://www.thehindu.com/business/Economy/article2967460.ece.
Refund: Interest is payable if refund paid after 3 months of claim: Bombay High Court
One would think that the law was clear on the issue of the date from which interest is calculated on delayed refunds, but the department took the issue to the high court. The law [Section 11BB of the Central Excise Act 1944, which also applies to service tax refunds, and Section 27A of the Customs Act 1962] provides that if a refund is paid later than three months from the date of application, interest is payable from the date immediately after the expiry of the said three months till the date on which payment is actually made. The date for computing the interest is thus the date immediately after expiry of three months from the date of application for refund. The department, however, took the view that three months are to be counted, not from the date of application, but from the date of the order for refund. This was negatived by Bombay High Court in WP 9100 of 2011 in the case of Union of India v Jindal Drugs (decided on 30 Jan 2012), reported as 2012-TIOL-109-HC-MUM. The court observed that it is a settled position in law that the liability of Revenue to pay interest commences from the expiry of three months from the date of receipt of application for refund and not on the expiry of the said period from the date on which an order for refund is made. The High Court followed the earlier order of the Supreme Court on the point, which had been reported as Ranbaxy Laboratories Limited v Union of India, 2011 (273) ELT 3 (SC).
Refund: Interest is payable if refund paid after 3 months of claim: Bombay High Court
One would think that the law was clear on the issue of the date from which interest is calculated on delayed refunds, but the department took the issue to the high court. The law [Section 11BB of the Central Excise Act 1944, which also applies to service tax refunds, and Section 27A of the Customs Act 1962] provides that if a refund is paid later than three months from the date of application, interest is payable from the date immediately after the expiry of the said three months till the date on which payment is actually made. The date for computing the interest is thus the date immediately after expiry of three months from the date of application for refund. The department, however, took the view that three months are to be counted, not from the date of application, but from the date of the order for refund. This was negatived by Bombay High Court in WP 9100 of 2011 in the case of Union of India v Jindal Drugs (decided on 30 Jan 2012), reported as 2012-TIOL-109-HC-MUM. The court observed that it is a settled position in law that the liability of Revenue to pay interest commences from the expiry of three months from the date of receipt of application for refund and not on the expiry of the said period from the date on which an order for refund is made. The High Court followed the earlier order of the Supreme Court on the point, which had been reported as Ranbaxy Laboratories Limited v Union of India, 2011 (273) ELT 3 (SC).
Rules for refund of anti-dumping duty
Anti-dumping duty, while worked out by the designated
authority on the basis of dumping margin, is generally notified as a specific amount. In other words, the notification will require that on all imports of the specified item from the specified exporter / country, a fixed duty of Rs xx will be levied and collected. However section 9AA of the Customs Tariff Act 1975, under which the duty is levied, allows for refund if the anti-dumping duty is in excess of actual margin of dumping in a particular case. In practice, the procedure for determination of whether refund was eligible was not clear, and the field formations lacked the necessary expertise to process such a claim.
Service tax exemption for transport of goods by rail
Notifications have been issued to continue the exemption for service tax on transport of goods by rail. See http://www.servicetax.gov.in/notifications/notfns-2k11/st49-52-2k11.pdf.
Personne ne conteste que les technologies sont omniprésentes dans la vie de nos étudiants - et de la nôtre aussi! Une fois ce constat fait, comment un collège peut-il en tirer parti? Nous vous suggérons pendant ce webinaire de faire un portrait des lieux pour voir comment les services aux étudiants peuvent intégrer les technologies dans leurs projets et s’en servir pour rejoindre les étudiants. Nous illustrerons notre propos par ce qui se fait dans le réseau des cégeps et ailleurs, puis nous ferons de la prospection sur ce qui nous attend dans les prochaines années.
The document discusses various rights that children should have, including the right to relax and play, the right to be educated, the right to have a name, the right to safe water, the right to not engage in child labor, the right to housing, and an overall right to basic rights and protections. It presents brief arguments for each of these rights and some of the negative consequences children face when these rights are not upheld, such as disease, injury, or death. The document is a collection of short passages advocating for children's rights on various topics.
RBC Media Holding owns multiple media products with unique audiences that do not overlap. These include print media, RBC TV, and internet resources. The total audience of all RBC resources exceeds 91 million people per month. RBC.ru is the largest business portal and ranked #1 among information agencies and #5 in advertising effectiveness. Since 2009, RBC.ru's monthly audience has grown three times to 19.9 million people in March 2012 while maintaining audience quality.
This document lists 10 commercial real estate properties for sale in Berlin and other parts of Germany, providing the price and annual rental yield for each. The properties range in price from €1,569,000 to €5,640,000 and have rental yields ranging from 6.66% to 8%, with many noted as having long-term tenants and good locations.
Dos canciones fueron mencionadas en el programa de radio El Mañanero del 25 de agosto. La primera canción es "No hago otra cosa que pensar en ti" interpretada por Susan Ferrer para el álbum Entre él y Yo en 2012. La segunda canción es "Ya no puedo morir más" interpretada por Armando Rosas e incluida en la banda sonora de la película La mitad del mundo también en 2012.
5 Design provides an online 3D shopping platform to address customers' problems with existing online stores like high prices, bad experiences, and lack of interactivity. Their solution is an interactive online store offering great deals on products that can be viewed in 3D. Their competitors include Myntra, Flipkart, Letsbuy, Homeshop18 and Naaptol. The founding team consists of 4 students studying engineering, computer science, pharmacy and finance.
This document provides frequently asked questions about using the ObiMobile editor to create mobile apps. It covers questions about creating apps, templates, inserting widgets like timers and galleries, and basic functions like adding images and links. Key templates mentioned include blank, ready-made, master page, and list templates. Functions covered include uploading images, inserting images, tables, lists, links, and widgets.
CESIM: Ecole Supérieure d'Ingénierie Informatique à Tanger.
Approche pédagogique: apprentissage par projet.
Présentation des activités et ateliers organisés pendant les études.
Présentation des projets initiatives réalisés par les étudiants du CESIM.
Présentation des chaines youtube du CESIM
http://www.cesim.ma
CCH Practice / Workflow Management with Comprehenssive Audit, ROC, Consultanc...Pramod Kudtarkar
CCH ProSystem India provides software solutions for accounting and tax professionals to help manage workflows, practice management, timekeeping, document management, and auditing. The software includes features like job management, resource allocation, timesheet tracking, and reporting. It aims to help professional practices improve organization and control over client services and deadlines through system-driven processes.
We have developed XBRL with advance technology of Semantic, which extracts data from word, excel and PDF. You do not have to do data entry. It is online software and you do not require installing and training. You can complete your XBRL filing in just 30 MIN. It is fastest XBRL
The document provides updates on recent changes in indirect taxation in India. It summarizes that the Finance Act 2012 has been enacted and service tax rules for settlement and compounding of cases have been notified. It also summarizes that the CBEC has issued a transfer order for Commissioners and excise notifications have been rescinded. Additionally, it summarizes that the CESTAT has upheld service tax demands on EPC projects for irrigation canals.
Anshul faced difficulties in running the Excise Module in SAP B1. These included:
• Data integrity issues to meet the requirements of Excise, and using multiple and customized software
• Non-availability of required data in ERP to generate Excise reports appropriately. E.g. RG-23D page number and serial number were missing.
• Data qualification, validation and error logging features were unavailable, and hence were difficult to meet required statutory obligations.
• Data update capability used to edit, sales return and purchase return
Power given to cost accountant / chartered accountant to inspect records for audit
The government may appoint a cost accountant or chartered accountant for valuation audit or Cenvat credit audit of the accounts of an assessee, under sections 14A and 14AA respectively of the Central Excise Act 1944. Now the government has amended the Central Excise Rules 2002 to provide legal backing for inspection of records by such an auditor. Rule 22 of the Central Excise Rules 2002 has been amended to this effect by notification 22/2012-CE(NT) dated 30 March 2012, which can be seen at http://cbec.gov.in/excise/cx-act/notfns-2012/cx-nt2012/cent22-2012.htm.
The document provides three summaries:
1. The central government has amended exemptions for gold and silver jewelry and goldsmith/silversmith wares made of precious metals.
2. Exports of commercial services has slowed down significantly according to preliminary estimates, with a 3% rise in the last quarter of 2011 compared to 12% in the previous quarter.
3. The proposed section 66D of the Finance Act 1994 outlines a negative list of services that would not be taxable, which includes several government, agricultural, educational and other services.
Flip flop on ban on cotton exports
The Ministry of Commerce banned export of cotton on 5 March 2012. The ban covered even exports against contracts already registered with the Ministry. The reason cited was that exports have already exceeded the target of 8.4 million bales. Accordingly, the CBEC issued circular no. 6/2012-Customs dated 6 March 2012 (http://cbec.gov.in/customs/cs-circulars/cs-circ12/circ06-2012-cs.htm) to its customs formations, instructing them that the export is prohibited, that there will be no transitional arrangements, and that the details of all consignments already handed over to customs for export must be reported. However, upon receiving clarification from the DGFT under its Circular No. 58(RE-2010)/2009-14 dated 09-03-2012, the CBEC issued another circular 7/2012-Customs dated 9 March 2012 (http://cbec.gov.in/customs/cs-circulars/cs-circ12/circ07-2012-cs.htm) instructing its customs formations to allow export of consignments in respect of which ‘let export’ orders were issued upto 2400 hours on 5 March. Finally the DGFT withdrew its ban, by notification no. 106 (RE-2010)/2009-14 dated 12 March 2012. However it requires all registrations to be subjected to re-scrutiny.
The ban had evoked strong protests from growers and ginners in the domestic sector, but had been welcomed by the textile industry. Reports can be seen at http://www.thehindu.com/business/Economy/article2967460.ece.
Refund: Interest is payable if refund paid after 3 months of claim: Bombay High Court
One would think that the law was clear on the issue of the date from which interest is calculated on delayed refunds, but the department took the issue to the high court. The law [Section 11BB of the Central Excise Act 1944, which also applies to service tax refunds, and Section 27A of the Customs Act 1962] provides that if a refund is paid later than three months from the date of application, interest is payable from the date immediately after the expiry of the said three months till the date on which payment is actually made. The date for computing the interest is thus the date immediately after expiry of three months from the date of application for refund. The department, however, took the view that three months are to be counted, not from the date of application, but from the date of the order for refund. This was negatived by Bombay High Court in WP 9100 of 2011 in the case of Union of India v Jindal Drugs (decided on 30 Jan 2012), reported as 2012-TIOL-109-HC-MUM. The court observed that it is a settled position in law that the liability of Revenue to pay interest commences from the expiry of three months from the date of receipt of application for refund and not on the expiry of the said period from the date on which an order for refund is made. The High Court followed the earlier order of the Supreme Court on the point, which had been reported as Ranbaxy Laboratories Limited v Union of India, 2011 (273) ELT 3 (SC).
Refund: Interest is payable if refund paid after 3 months of claim: Bombay High Court
One would think that the law was clear on the issue of the date from which interest is calculated on delayed refunds, but the department took the issue to the high court. The law [Section 11BB of the Central Excise Act 1944, which also applies to service tax refunds, and Section 27A of the Customs Act 1962] provides that if a refund is paid later than three months from the date of application, interest is payable from the date immediately after the expiry of the said three months till the date on which payment is actually made. The date for computing the interest is thus the date immediately after expiry of three months from the date of application for refund. The department, however, took the view that three months are to be counted, not from the date of application, but from the date of the order for refund. This was negatived by Bombay High Court in WP 9100 of 2011 in the case of Union of India v Jindal Drugs (decided on 30 Jan 2012), reported as 2012-TIOL-109-HC-MUM. The court observed that it is a settled position in law that the liability of Revenue to pay interest commences from the expiry of three months from the date of receipt of application for refund and not on the expiry of the said period from the date on which an order for refund is made. The High Court followed the earlier order of the Supreme Court on the point, which had been reported as Ranbaxy Laboratories Limited v Union of India, 2011 (273) ELT 3 (SC).
Rules for refund of anti-dumping duty
Anti-dumping duty, while worked out by the designated
authority on the basis of dumping margin, is generally notified as a specific amount. In other words, the notification will require that on all imports of the specified item from the specified exporter / country, a fixed duty of Rs xx will be levied and collected. However section 9AA of the Customs Tariff Act 1975, under which the duty is levied, allows for refund if the anti-dumping duty is in excess of actual margin of dumping in a particular case. In practice, the procedure for determination of whether refund was eligible was not clear, and the field formations lacked the necessary expertise to process such a claim.
Service tax exemption for transport of goods by rail
Notifications have been issued to continue the exemption for service tax on transport of goods by rail. See http://www.servicetax.gov.in/notifications/notfns-2k11/st49-52-2k11.pdf.
Price reduction for late delivery:
conflicting views on excise value
Background: Where excise duty is charged as a percentage of the value of the goods, there are two methods of determining the assessable value. For goods that are under MRP and notified for the purpose of MRP-based assessment under section 4A of the Central Excise Act, there is no difficulty in arriving at assessable value. For other goods, the ‘transaction value’ is the value for assessment, as provided in section 4 of the Central Excise Act. Transaction value means the price actually paid or payable for the goods.
New customs regulations notified
The CBEC has notified the new regulations
regarding electronic filing of shipping bills (http://cbec.gov.in/customs/cs-act/notifications/notfns-2k11/cs-nt2k11/csnt80-2k11.htm) and bills of entry (http://cbec.gov.in/customs/cs-act/notifications/notfns-2k11/cs-nt2k11/csnt79-2k11.htm), and regarding provisional assessment (http://cbec.gov.in/customs/cs-act/notifications/notfns-2k11/cs-nt2k11/csnt81-2k11.htm
Jail
3. A central excise officer can arrest, under section 13 of the Central Excise Act, any person who he has reason to believe to be liable to punishment under the Act. Similarly, a customs officer can arrest, under section 104 of the Customs Act, any person who he has reason to believe is liable to punishment under specified sections of the Act. It is noteworthy here that the arrest is made on the basis of the officer’s perception, and the determination of whether the person really is liable to punishment will be made by a court of
law, much later. The department will urge the court that the person is liable to punishment, the person will contend that he is not liable to punishment, and the court will decide. However, the citizen is deprived of his liberty and subjected to ignominy much prior to determination of guilt or innocence. He thus stands “pre-punished”
Notification v circular, excise v customs:
Factory sealing of containers
Notification 19/2004-CE(NT) provides the procedure for exporting goods under claim for rebate of excise duty under Rule 18 of the Central Excise Rules 2002. The said notification provides an option to the manufacturer-exporter, under paragraph 3(a)(i), to either self-seal his consignment at the factory or have it sealed by the central excise officers. On the other hand, administrative circulars of the CBEC require that exports under ‘free shipping bills’ (in which no export incentives are claimed) are to be self-sealed by the exporter. In a circular dated 8 September 2011 the CBEC has again reiterated that “the facility/ option of examination and sealing of export containers by the Central Excise Officers at the place of dispatch is available to both manufacturer- exporters (except when the export is on free Shipping Bill) and merchant-exporter in respect of the goods exported in terms of Rule 18 or 19 of the Central Excise Rules, 2002.” See http://cbec.gov.in/excise/cx-circulars/cx-circulars-11/952-2k11cx.htm.
Self-assessment in customs – more responsibility on the importer or exporter
Electronic declaration of imports or exports has been part of the EDI system, and there were regulations under which such declarations were accepted. Now a new set of regulations is proposed, in line with self-assessment. The new draft regulations, now up on the CBEC site, are commensurate with the general trend towards shifting the responsibility to the importer / exporter. The form of declaration is much longer and asks for much more information from the importer / exporter. See the draft circular at http://www.cbec.gov.in/draft-circ/draft-electronicbill.htm
The document discusses several topics related to Indian tax law:
1) The Supreme Court ruled that bail is mandatory for offenses under the Customs Act and Central Excise Act.
2) October 31st to November 4th is observed as Vigilance Awareness Week in India to promote integrity in public service.
3) The deadline for filing service tax returns for April-September 2011 was extended to December 26th to allow for mandatory e-filing.
1. UDYOG TAX NEWS FLASH
15th April 2012
Demand of interest is barred by the same period of limitation as the main amount
It is a settled position that interest is an adjunct of duty / tax. However, if for some reason interest is not
paid, it is to be demanded within the statutory period of limitation prescribed for demand of duty / tax. This
is confirmed by the Delhi High Court in the case of Kwality Ice Cream Company v Union of India, reported in
2012-TIOL-252-HC-DEL-CX [WP (C) No. 14414-14/2006].
Study team to set up a Common Tax Code for excise & service tax
The central government has set up a study team under the
leadership of a retired officer MK Gupta (former Vice-Chairman of
the Settlement Commission) to formulate a common tax code for
central excise and service tax, in the context of the impending
move to GST. The terms of reference of the study team include a
study of the system of input credits to mitigate the cascading effect
of taxation and to make the procedures trade-friendly. Also, any
other measure that will reduce the costs of compliance for business Combo of Indirect
or help in transition towards a comprehensive GST will be
suggested by the team. The study team will interact with various Tax Integratable
chambers of commerce and industry and recognized business and
industry associations representing various segments of the services with Any ERP
and manufacturing sector, as may be required. Government has
directed the Study Team to submit its report by the 30th of Modules of iTAX
September, 2012. http://cbec.gov.in/rhs-misc/pressnote-ctc.pdf.
Excise
Draft circular on excise & service tax returns
Service Tax
The CBEC has placed a draft circular on its website for comments,
on the proposed changes to returns in service tax and central VAT and CST
excise. A single form is proposed, but strangely an assessee who
pays both service tax and excise duties is required to file the TDS & e-TDS
returns separately for each (instruction no. 2). (Probably a slight
restructuring of column 4 of the form would enable single filing.) EOU
The periodicity of both returns is to be synchronised with the
payment of tax / duties, and with each other. The effect will be that SEZ
the assessee will not have to keep track of several different due
dates. The draft circular can be seen at http://cbec.gov.in/draft-
circ/exc-st-ret.htm.
Udyog Software (India) Ltd (www.udyogsoftware.com)
Phone: 022-67993535, Email: sales@udyogsoftware.com
The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual
or entity. Although we endeavour to provide accurate and timely information, there can be no guarantee that such information is
accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information
without appropriate professional advice after a thorough examination of the particular situation. Page 1
2. Harmonisation of service tax and central excise registration
The government proposes to revisit the process of registration in both central excise and service tax. A
common process is proposed for both. The requirement of submitting ground plan of the premises is being
reintroduced, and is proposed now for service tax also. (How is it relevant for service tax??) A provision of
cancallation of registration on ground of non-filing of periodic returns is also being introduced. The draft
circular can be seen at
http://cbec.gov.in/draft-circ/registrationcircular.htm
Committee set up to review service tax refund to exporters
A three member committee, consisting of the Director General of Service Tax, the Commissioner of Service
tax in the CBEC office, and Director TRU, has been set up to review the modality of service tax refunds to
exporters. The CBEC has issued Circular No. 156/7 /2012-ST dated 9 April 2012 to this effect. The
committee will review the scheme for electronic refund of service tax to exporters that was notified under
notification 52/2011-ST dated 30 December 2011. The terms of reference of the committee are to (a) evolve
a scientific approach for the fixation of rates in the schedule of rates for service tax refund; and (b) propose a
revised schedule of rates for service tax refund, taking into account the revision of rate of service tax from
10% to 12% and also movement towards ‘Negative List’ approach to taxation of services. The circular can be
seen at http://www.servicetax.gov.in/circular/st-circular12/st-circ-156-2012.htm
Point of taxation – Air tickets issued before 1 April
The CBEC has clarified that where air tickets were issued and
paid for before 1 April, the old rate of service tax, i.e. 10% will be
applicable. This is so even if the payment is made through agents
authorised by the airlines, who remit the amount to the airlines Udyog has been successful
after 1 April, as these agents act for the principal and payment to
them is considered as payment to the principal. If the airlines in integrating iTAX with
have, however, already collected tax at the higher rate and do
not refund the same to the passengers, they will have to pay the following erp
tax to the government at the higher rate, as per the provisions of
section 73A of the Finance Act 1994. The circular can be viewed SAP E.C.C. 6.0
at http://www.servicetax.gov.in/circular/st-circular12/st-circ-
MFG-QAD eB 2.1
155-2012.htm.
BPCS
ICD Kannur notified BAAN FP 7
Kannur has been notified as an inland container depot (ICD) SAGE Accpac ERP
station by notification 32/2012-Cus(NT) dated 11 April 2012
issued under section 7(aa) of the Customs Act 1962. This is the 100 v 5.6
fourth ICD in Kerala and the ninety seventh in India. The
ABAS
notification can be viewed at http://cbec.gov.in/customs/cs-
act/notifications/notfns-2012/cs-nt2012/csnt32-2012.htm.
Adage
Oracle
Udyog Software (India) Ltd (www.udyogsoftware.com)
Phone: 022-67993535, Email: sales@udyogsoftware.com
The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual
or entity. Although we endeavour to provide accurate and timely information, there can be no guarantee that such information is
accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information
without appropriate professional advice after a thorough examination of the particular situation. Page 2
3. ADD on phosphoric acids, persulphates
Provisional anti-dumping duty had been imposed on phosphoric acids manufactured in or exported from
Taiwan or Israel, vide notification 4/2012-Cus (ADD) dated 13 Jan 2012. This notification has been rescinded
by notification 18/2012-CUs(ADD)dated 4 April 2012, and definitive anti-dumping duty has been imposed, at
different rates, vide notification 19/2012-Cus(ADD) dated 4 April 2012.
The central government has also issued notification 20/2012-Cus (ADD) dated 4 April 2012, extending the
anti-dumping duty on peroxosulphates, also known as persulphates, manufactured in or exported from
China or Japan, which was levied under notification 96/2007-Cus dated 29 August 2007. The duty has been
extended upto 18 March 2013.
All three notifications can be seen at http://cbec.gov.in/customs/cs-act/notifications/notfns-2012/cs-
add2012/csadd-18-20-2012.pdf.
India files dispute against USA on steel pipes
On 12 April 2012, India requested consultations with the US under the dispute settlement system concerning
the latter’s countervailing duties on certain steel products (certain grades of steel pipe) from India.
Countervailing duties are levied to offset subsidies given in the country of export, which means that the USA
alleges unfair subsidies that reduce the export price of the goods in question. If the consultations fail to
resolve the issue, India is likely to ask for adjudication by the dispute settlement body. The developments
can be monitored at the WTO site, at
http://www.wto.org/english/news_e/news12_e/ds436rfc_12apr12_e.htm.
A newspaper report on the details of the dispute is available at
http://www.thehindubusinessline.com/industry-and-
economy/article3311622.ece?homepage=true&ref=wl_home.
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Update Written
By Radha Arun,
Consultant To
Udyog Software ( India) Ltd
Udyog Software (India) Ltd (www.udyogsoftware.com)
Phone: 022-67993535, Email: sales@udyogsoftware.com
The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual
or entity. Although we endeavour to provide accurate and timely information, there can be no guarantee that such information is
accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information
without appropriate professional advice after a thorough examination of the particular situation. Page 3