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
The newsletter provides updates on UK Adjudicators, including:
- Their panel of adjudicators has grown and now includes international members.
- They were the 7th largest panel of UK adjudicators in the latest report.
- Upcoming conferences on adjudication and arbitration in Edinburgh and London are announced.
- They are supporting the Dispute Resolution Board Conference in Cape Town.
- A case study summarizes a recent court decision that ruled an adjudicator's decision was unenforceable due to a breach of natural justice.
- An update on recent cases in Malaysia confirms the Construction Industry Payment and Adjudication Act only applies prospectively.
This document summarizes the agenda for a Case Management Discussion regarding the case of Gardiner v EXSTO UK Ltd. The claimant alleges multiple complaints against the respondent, including direct and indirect discrimination, harassment, victimization, discrimination arising from disability, failure to make reasonable adjustments, unfair dismissal, failure to pay notice or holiday pay, and detriment suffered for whistleblowing. The claimant seeks an unspecified financial remedy and requests disclosure of correspondence between the respondent and other parties. Witnesses proposed include individuals from the respondent company and Peninsular Business Services. The claimant estimates the hearing will take 10 days and involves questioning multiple witnesses under oath.
This newsletter provides updates on adjudication and arbitration events and cases in the UK. It discusses two events that were postponed due to the coronavirus pandemic: the launch of the Construction Industry Council's Low Values Disputes Model Adjudication Procedure and a dispute resolution conference in South Africa. It also provides details of an upcoming conference in London in August. Additionally, it summarizes a recent Court of Appeal case involving Steven Walker QC representing Bester Generacion, in which the court confirmed the "dominant purpose test" for legal advice privilege. Finally, it discusses the implications of this ruling for assessing privilege claims, particularly regarding multi-addressee communications.
This document provides guidance on the use of expert witnesses and assessors in family court proceedings in England and Wales. It supplements the Family Procedure Rules regarding experts. The guidance aims to help the court identify when expert evidence is needed, narrow issues in cases, and encourage full disclosure between parties and experts. It also provides direction on obtaining court permission to instruct experts, preliminary inquiries with potential experts, and drafting orders regarding expert reports and testimony.
The document discusses two recent UK legal cases related to construction adjudication and expert witnesses. In the first case, the TCC refused to grant an injunction to stop an adjudication from proceeding due to challenges presented by the coronavirus pandemic. In the second case, the TCC ruled that an expert witness firm owed a fiduciary duty of loyalty to a client, preventing it from taking expert roles adverse to that client on related matters. This second ruling could significantly impact expert witness firms by restricting their ability to take new expert assignments.
This document summarizes decisions made by the SCC Board on challenges to arbitrators from 2013-2015. During this period, 28 challenges were filed out of 567 new arbitrations. The SCC Board was required to make a decision on 14 of the challenges. The document reviews the standard for impartiality in SCC arbitrations, the SCC procedure for handling challenges, and provides brief summaries of 4 challenges that were dismissed by the SCC Board during this period.
The newsletter provides updates on UK Adjudicators, including:
- Their panel of adjudicators has grown and now includes international members.
- They were the 7th largest panel of UK adjudicators in the latest report.
- Upcoming conferences on adjudication and arbitration in Edinburgh and London are announced.
- They are supporting the Dispute Resolution Board Conference in Cape Town.
- A case study summarizes a recent court decision that ruled an adjudicator's decision was unenforceable due to a breach of natural justice.
- An update on recent cases in Malaysia confirms the Construction Industry Payment and Adjudication Act only applies prospectively.
This document summarizes the agenda for a Case Management Discussion regarding the case of Gardiner v EXSTO UK Ltd. The claimant alleges multiple complaints against the respondent, including direct and indirect discrimination, harassment, victimization, discrimination arising from disability, failure to make reasonable adjustments, unfair dismissal, failure to pay notice or holiday pay, and detriment suffered for whistleblowing. The claimant seeks an unspecified financial remedy and requests disclosure of correspondence between the respondent and other parties. Witnesses proposed include individuals from the respondent company and Peninsular Business Services. The claimant estimates the hearing will take 10 days and involves questioning multiple witnesses under oath.
This newsletter provides updates on adjudication and arbitration events and cases in the UK. It discusses two events that were postponed due to the coronavirus pandemic: the launch of the Construction Industry Council's Low Values Disputes Model Adjudication Procedure and a dispute resolution conference in South Africa. It also provides details of an upcoming conference in London in August. Additionally, it summarizes a recent Court of Appeal case involving Steven Walker QC representing Bester Generacion, in which the court confirmed the "dominant purpose test" for legal advice privilege. Finally, it discusses the implications of this ruling for assessing privilege claims, particularly regarding multi-addressee communications.
This document provides guidance on the use of expert witnesses and assessors in family court proceedings in England and Wales. It supplements the Family Procedure Rules regarding experts. The guidance aims to help the court identify when expert evidence is needed, narrow issues in cases, and encourage full disclosure between parties and experts. It also provides direction on obtaining court permission to instruct experts, preliminary inquiries with potential experts, and drafting orders regarding expert reports and testimony.
The document discusses two recent UK legal cases related to construction adjudication and expert witnesses. In the first case, the TCC refused to grant an injunction to stop an adjudication from proceeding due to challenges presented by the coronavirus pandemic. In the second case, the TCC ruled that an expert witness firm owed a fiduciary duty of loyalty to a client, preventing it from taking expert roles adverse to that client on related matters. This second ruling could significantly impact expert witness firms by restricting their ability to take new expert assignments.
This document summarizes decisions made by the SCC Board on challenges to arbitrators from 2013-2015. During this period, 28 challenges were filed out of 567 new arbitrations. The SCC Board was required to make a decision on 14 of the challenges. The document reviews the standard for impartiality in SCC arbitrations, the SCC procedure for handling challenges, and provides brief summaries of 4 challenges that were dismissed by the SCC Board during this period.
This document discusses call analysis as a technique for understanding customer service interactions beyond just statistics. It describes call analysis as involving the assessment of real recorded calls by experienced evaluators to provide an in-depth understanding of what is happening on calls, how customers are treated, and whether the right processes are followed. The document uses the example of CR Market Research conducting call analysis for Tower Hamlets, analyzing 100-250 calls every six months and providing detailed reporting and feedback to help identify best practices, training needs, and areas for improvement.
Employing cloud ian moyse - workbooks - whitepaperITpreneurs
2012 is rumored to be the tipping point for cloud. For the last four to five years, we have heard that cloud (Internet-delivered solutions) is about to go mainstream. However, this year it’s not just the hype, but also the real user benefits that are driving cloud adoption.
Alyson Bandemer is presenting her senior project to the judges at Creekview High School. She has been torn between pursuing psychology or business in college, but working at McDonald's has opened her eyes to how much she enjoys business. Her senior project product is a book of paperwork from her job at McDonald's that demonstrates how franchises are better run today than in the past. Through her project, she has learned that she has a passion for leadership and running a business.
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
Web 2.0 Strategies and Tactics for WritersDon Lafferty
This is the slide deck from the presentation I did in March of 2014 at the Greater Lehigh Valley Writer's Group's annual conference, The Write Stuff Conference. This is for writers wondering how they should use social media and web based marketing tools to build platform and market their work.
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”
The document discusses international taxation issues arising from retrospective amendments made to tax laws. Some key points discussed include:
1. A person who had never deducted taxes on computer software in the past now has to go back and undo those mistakes due to retrospective amendments, even though he was not aware of them previously.
2. There are concerns about the validity of reopening past assessments and the impact on investors' views of India due to continuous litigation arising from retrospective amendments.
3. Definitions related to taxation of indirect transfers of Indian assets and concepts like royalty, software, and satellite transmissions have been expanded and applied retrospectively.
The document discusses international taxation issues arising from retrospective amendments made to tax laws. Some key points discussed include:
1. A person who had never deducted taxes on computer software in the past now has to go back and undo those mistakes due to retrospective amendments, even though he was not aware of them previously.
2. There are concerns about the validity and impact of retrospective amendments, including on reopening of assessments, revision of orders, and rectification.
3. The amendments have widened the tax base by expanding the definition of royalty to include computer software, databases, and satellite transmission retroactively. This could lead to more litigation.
4. Issues around tax residency certificates, general anti-
Attached Newsletter is an attempt to cover monthly issues relevant in the context of transactions - covers SEBI, Companies Act, Income Tax, Stamp duty and other regulatory changes
Due to the rapid spread of the novel coronavirus disease (COVID-19), India was forced to suspend most of its economic activities, considerably impacted the economy. Given that, suspension of economic activities may trigger debt defaults, the Government attempted to provide various reliefs to business.
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.
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.
The document discusses the establishment of the National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT) in India. Key points:
1) NCLT consolidates powers previously held by multiple forums to resolve corporate disputes more efficiently. It has jurisdiction over matters like corporate restructuring, winding up, oppression and mismanagement that were previously handled by high courts, the Company Law Board, and other bodies.
2) NCLT is expected to reduce delays and provide a single platform to seek various reliefs, but it currently only has 11 benches which may be insufficient.
3) In addition to traditional powers, NCLT also has powers related to company formation,
The Competition Act 2002 provides for prohibition of abuse of dominant position. However, the provisions of unfair trade practices earlier covered by the Monopolies and Restrictive Trade Practices Act, 1969,are not covered under the competition law. The apparent effect of the two being quite similar, there is a considerable possibility that a situation very close to unfair trade practices may be held to be an abuse of dominant position. The difference being very close, the article looks at the penalty handed out to DLF Ltd for abuse of dominant position from this perspective.
Vietnam current investment and trade issues and solutionsDr. Oliver Massmann
The document discusses several current investment and trade issues in Vietnam and potential solutions. It outlines issues with the enforcement and recognition of arbitral awards in Vietnam, with almost 50% being set aside by judges who misunderstand arbitration. It also notes problems with Vietnam's new investment law around obtaining separate investment and enterprise registration certificates and inconsistencies around conditional sectors. Additionally, it raises concerns that a draft circular restricting imports of used equipment could violate trade agreements. The document advocates for improving Vietnam's tax administration system and accelerating the privatization of state-owned enterprises to attract more foreign investment.
This document summarizes and compares the adjudication provisions in two forms of international construction contract - FIDIC's 1999 Red Book and NEC 2005. It finds that while both allow for interim binding dispute resolution to avoid delays, NEC generally provides a more efficient adjudication process. Specifically, NEC mandates a single adjudicator resolve disputes within 4 weeks, whereas FIDIC's Dispute Adjudication Board has 3 members and 84 days to issue decisions. The document also notes several other NEC rules that increase clarity and efficiency in adjudication.
The Competition Act 2002 provides for prohibition of abuse of dominant position. However, the provisions of unfair trade practices earlier covered by the Monopolies and Restrictive Trade Practices Act, 1969,are not covered under the competition law. The apparent effect of the two being quite similar, there is a considerable possibility that a situation very close to unfair trade practices may be held to be an abuse of dominant position. The difference being very close, the article looks at the penalty handed out to DLF Ltd for abuse of dominant position from this perspective.
This newsletter from UK Adjudicators provides updates on security of payment laws and adjudication. It discusses training being offered in 2019 to support applicants to their adjudicator panel. It also summarizes differences between how Australian and English courts treat severing valid parts of an adjudicator's decision from parts affected by jurisdictional error. Additionally, it provides updates on legislation regarding construction retention schemes in the UK and amendments to security of payment laws in New South Wales.
The document discusses three Philippine Supreme Court cases on administrative and constitutional law:
1) De la Llana vs Alba - The Court ruled that the legislature can validly remove judges through a law reorganizing the judiciary, as removal is distinguished from abolition of an office.
2) Tio vs Videogram Regulatory Board - The Court upheld a law creating a regulatory board for the video industry and imposing taxes, finding the law embraced a single subject expressed in its title.
3) People vs Maceren - The Court invalidated an administrative order prohibiting electrofishing, finding the agriculture department exceeded its authority as the underlying law did not expressly prohibit the practice.
AUTOMATIC VACATION OF STAY GRANTED BY TRIBUNALDCIT v. PEPSI FOODS LTD. [2021]...DVSResearchFoundatio
Key Takeaways:
- Background and Overview of Legal Provision
- Facts of the Case
- Contentions of the Assessee and Revenue
- Supreme Court’s Verdict
- Key Learnings and Way Forward
The meeting reviewed the progress of investigations into the NSEL payment crisis and legal challenges. Several court rulings impacted the cases. Agencies were advised to gather evidence of the involvement of NSEL and FTIL management in the scam and defend the cases. Investigating agencies were asked to share information with the Competent Authority to strengthen the legal defense. The meeting discussed implications of the court rulings and next steps for various agencies.
This document discusses call analysis as a technique for understanding customer service interactions beyond just statistics. It describes call analysis as involving the assessment of real recorded calls by experienced evaluators to provide an in-depth understanding of what is happening on calls, how customers are treated, and whether the right processes are followed. The document uses the example of CR Market Research conducting call analysis for Tower Hamlets, analyzing 100-250 calls every six months and providing detailed reporting and feedback to help identify best practices, training needs, and areas for improvement.
Employing cloud ian moyse - workbooks - whitepaperITpreneurs
2012 is rumored to be the tipping point for cloud. For the last four to five years, we have heard that cloud (Internet-delivered solutions) is about to go mainstream. However, this year it’s not just the hype, but also the real user benefits that are driving cloud adoption.
Alyson Bandemer is presenting her senior project to the judges at Creekview High School. She has been torn between pursuing psychology or business in college, but working at McDonald's has opened her eyes to how much she enjoys business. Her senior project product is a book of paperwork from her job at McDonald's that demonstrates how franchises are better run today than in the past. Through her project, she has learned that she has a passion for leadership and running a business.
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
Web 2.0 Strategies and Tactics for WritersDon Lafferty
This is the slide deck from the presentation I did in March of 2014 at the Greater Lehigh Valley Writer's Group's annual conference, The Write Stuff Conference. This is for writers wondering how they should use social media and web based marketing tools to build platform and market their work.
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”
The document discusses international taxation issues arising from retrospective amendments made to tax laws. Some key points discussed include:
1. A person who had never deducted taxes on computer software in the past now has to go back and undo those mistakes due to retrospective amendments, even though he was not aware of them previously.
2. There are concerns about the validity of reopening past assessments and the impact on investors' views of India due to continuous litigation arising from retrospective amendments.
3. Definitions related to taxation of indirect transfers of Indian assets and concepts like royalty, software, and satellite transmissions have been expanded and applied retrospectively.
The document discusses international taxation issues arising from retrospective amendments made to tax laws. Some key points discussed include:
1. A person who had never deducted taxes on computer software in the past now has to go back and undo those mistakes due to retrospective amendments, even though he was not aware of them previously.
2. There are concerns about the validity and impact of retrospective amendments, including on reopening of assessments, revision of orders, and rectification.
3. The amendments have widened the tax base by expanding the definition of royalty to include computer software, databases, and satellite transmission retroactively. This could lead to more litigation.
4. Issues around tax residency certificates, general anti-
Attached Newsletter is an attempt to cover monthly issues relevant in the context of transactions - covers SEBI, Companies Act, Income Tax, Stamp duty and other regulatory changes
Due to the rapid spread of the novel coronavirus disease (COVID-19), India was forced to suspend most of its economic activities, considerably impacted the economy. Given that, suspension of economic activities may trigger debt defaults, the Government attempted to provide various reliefs to business.
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.
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.
The document discusses the establishment of the National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT) in India. Key points:
1) NCLT consolidates powers previously held by multiple forums to resolve corporate disputes more efficiently. It has jurisdiction over matters like corporate restructuring, winding up, oppression and mismanagement that were previously handled by high courts, the Company Law Board, and other bodies.
2) NCLT is expected to reduce delays and provide a single platform to seek various reliefs, but it currently only has 11 benches which may be insufficient.
3) In addition to traditional powers, NCLT also has powers related to company formation,
The Competition Act 2002 provides for prohibition of abuse of dominant position. However, the provisions of unfair trade practices earlier covered by the Monopolies and Restrictive Trade Practices Act, 1969,are not covered under the competition law. The apparent effect of the two being quite similar, there is a considerable possibility that a situation very close to unfair trade practices may be held to be an abuse of dominant position. The difference being very close, the article looks at the penalty handed out to DLF Ltd for abuse of dominant position from this perspective.
Vietnam current investment and trade issues and solutionsDr. Oliver Massmann
The document discusses several current investment and trade issues in Vietnam and potential solutions. It outlines issues with the enforcement and recognition of arbitral awards in Vietnam, with almost 50% being set aside by judges who misunderstand arbitration. It also notes problems with Vietnam's new investment law around obtaining separate investment and enterprise registration certificates and inconsistencies around conditional sectors. Additionally, it raises concerns that a draft circular restricting imports of used equipment could violate trade agreements. The document advocates for improving Vietnam's tax administration system and accelerating the privatization of state-owned enterprises to attract more foreign investment.
This document summarizes and compares the adjudication provisions in two forms of international construction contract - FIDIC's 1999 Red Book and NEC 2005. It finds that while both allow for interim binding dispute resolution to avoid delays, NEC generally provides a more efficient adjudication process. Specifically, NEC mandates a single adjudicator resolve disputes within 4 weeks, whereas FIDIC's Dispute Adjudication Board has 3 members and 84 days to issue decisions. The document also notes several other NEC rules that increase clarity and efficiency in adjudication.
The Competition Act 2002 provides for prohibition of abuse of dominant position. However, the provisions of unfair trade practices earlier covered by the Monopolies and Restrictive Trade Practices Act, 1969,are not covered under the competition law. The apparent effect of the two being quite similar, there is a considerable possibility that a situation very close to unfair trade practices may be held to be an abuse of dominant position. The difference being very close, the article looks at the penalty handed out to DLF Ltd for abuse of dominant position from this perspective.
This newsletter from UK Adjudicators provides updates on security of payment laws and adjudication. It discusses training being offered in 2019 to support applicants to their adjudicator panel. It also summarizes differences between how Australian and English courts treat severing valid parts of an adjudicator's decision from parts affected by jurisdictional error. Additionally, it provides updates on legislation regarding construction retention schemes in the UK and amendments to security of payment laws in New South Wales.
The document discusses three Philippine Supreme Court cases on administrative and constitutional law:
1) De la Llana vs Alba - The Court ruled that the legislature can validly remove judges through a law reorganizing the judiciary, as removal is distinguished from abolition of an office.
2) Tio vs Videogram Regulatory Board - The Court upheld a law creating a regulatory board for the video industry and imposing taxes, finding the law embraced a single subject expressed in its title.
3) People vs Maceren - The Court invalidated an administrative order prohibiting electrofishing, finding the agriculture department exceeded its authority as the underlying law did not expressly prohibit the practice.
AUTOMATIC VACATION OF STAY GRANTED BY TRIBUNALDCIT v. PEPSI FOODS LTD. [2021]...DVSResearchFoundatio
Key Takeaways:
- Background and Overview of Legal Provision
- Facts of the Case
- Contentions of the Assessee and Revenue
- Supreme Court’s Verdict
- Key Learnings and Way Forward
The meeting reviewed the progress of investigations into the NSEL payment crisis and legal challenges. Several court rulings impacted the cases. Agencies were advised to gather evidence of the involvement of NSEL and FTIL management in the scam and defend the cases. Investigating agencies were asked to share information with the Competent Authority to strengthen the legal defense. The meeting discussed implications of the court rulings and next steps for various agencies.
This document summarizes the key provisions around mergers and amalgamations under the Companies Act of 1956 in India. It covers definitions, the roles of various entities in the process like courts and company registrars, requirements around shareholder and creditor approval, effective vs appointed dates of mergers, and other aspects like capital reductions and applicability of securities regulations. The summary is presented as a question and answer format for ease of understanding of the legal concepts involved in corporate mergers and amalgamations.
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
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).
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.
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).
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.
1. UDYOG TAX NEWS FLASH
5 -DECEMBER 2011
High Court strikes down CBEC Res judicata in tax matters
instruction not to follow Tribunal The Delhi High Court in the case
decision mentioned above also considered the
The CBEC issued a circular under section vexed issue of res judicata in tax matters.
37B of the Central Excise Act (which is The department had not appealed against
binding on the officers) on classification of the Tribunal decision in GPL Polyfils.
polyester staple fibre manufactured out of Does this mean, applying the principle of
PET scrap and waste bottles. The res judicata, that it can never take a stand
instructions in the circular were contrary to contrary to this decision? The High Court
a Tribunal decision in the case of GPL considered the precedents on the issue and
Polyfils, reported in 2005 (183) ELT 27, held that
on the same issue. The circular also „…Revenue can prefer appeals or
specifically instructed its officers in take a contrary stand to what has
paragraph 10 of the circular that the been held by the Tribunal even if
Tribunal decision in GPL Polyfils was not they have not preferred an appeal,
a binding precedent. The circular can be when a “just cause” is established
seen at http://cbec.gov.in/excise/cx- and can be shown. Mere fact that
circulars/cx-circulars-10/929-2k10cx.htm. the Revenue has not preferred an
appeal or challenged the same,
The Delhi High Court struck down the said does not bar the Revenue from
paragraph 10 of the circular. It also preferring an appeal or taking a
ordered that the circular as such was not to different stand in another case
be treated as binding, and that the where there is a just cause or it is in
adjudicating officers must take into public interest to do so or when a
consideration the Tribunal decision in GPL pronouncement of the higher Court
Polyfils and see whether it is applicable. is different and / or divergent views
With commendable foresight the court are expressed by the Tribunals or
further took the precaution of ordering the High Courts (other than
that, if a demand is confirmed in similar jurisdictional High Court).‟
facts by holding that the Tribunal decision (paragraph 8 of the judgment)
in GPL Polyfils is not applicable, .the [Shiva Taxfabs Limited v Union of India,
demand is not to be recovered by adopting 2011 (24) STR 525 (Del)]
coercive methods till the stay application
on it is decided by the Tribunal. The High
Court decision is reported as Shiva
Taxfabs Limited v Union of India,
2011(24) STR 525 (Del).
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. UDYOG TAX NEWS FLASH
5 -DECEMBER 2011
New adjudication manual planned no. 235/2011 dated 1 December 2011,
The adjudication manual used to be a available at
closely guarded departmental treasure. I http://cbec.gov.in/deptt_offcr/off-odr-235-
got hold of an ancient copy, falling to 2k11.htm.
pieces, by the good offices of an erstwhile Ms Shanti Sundaram is daughter of well
colleague. The salutary movement towards known economist KPM Sundaram. She
openness in government is seen by the fact has had a distinguished record of service,
that the new draft adjudication manual has and is known to be a knowledgeable and
been put up on the CBEC website for very strict officer, of impeccable integrity.
comments of departmental officers, We are confident that she will use her
professionals, and the general public. tenure at the Board to constructive
purpose.
The paragraph on “Recommendations by
the office Assistants or other subordinates
for the final decision of the cases” is
illuminating. It instructs the officers that
“even the narration of facts in an
adjudication order has to be drafted by the
officer himself”. After this, it spoils the
stern tone by observing that “Office notes
should not, therefore, go to the extent of
recommending the final decision or the
actual penalty, in adjudication of offence
cases.” (Does this mean that the office
notes can go to this extent in demand
cases??) Considering that most of the
orders issued in the department are drafted
by persons subordinate to the adjudicating
officer, one wonders whether the
instruction, even in this suggested form,
will have an impact.
The draft adjudication manual can be
perused at http://cbec.gov.in/draft-circ/dft-
adj-manual-29nov11.pdf.
Shanti Sundaram is new CBEC
Member
Ms JM Shanti Sundaram has been
appointed as Member CBEC, and given
the Legal & Judicial charge by office order www.udyogsoftware.com
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. UDYOG TAX NEWS FLASH
5 -DECEMBER 2011
New customs duty rate for textile- Amendment to anti-dumping rules
bottomed footwear imports in the USA The government has notified an
Exporters of footwear to the USA may amendment to the Customs Tariff
note that the rate of duty for most kinds of (Identification, Assessment and Collection
textile-bottomed footwear imported into of Anti Dumping Duty on Dumped
the USA has changed w.e.f. 3 December Articles and for Determination of Injury)
2011. Presidential Proclamation 8742 adds Rules 1995. The amendment omits one
note 5 to chapter 64 of the US tariff word from a rule. Thus, in the definition of
schedule to achieve this. Textile-bottomed „domestic industry‟ in Rule 2(b), it earlier
footwear was hitherto dutiable at much said that where producers in the domestic
lower rates than those with a rubber or industry were related to the exporters or
plastic outer sole. However, by the new importers of the allegedly dumped article
note 5, the constituent material of the outer or were importers themselves, „domestic
sole is to be determined without taking industry‟ will mean the rest of the
account of “textile materials that do not producers „only‟. This „only‟ has been
possess the characteristics usually required omitted. Now it reads that “in such case
for normal use of an outer sole, including the term “domestic industry” may be
durability and strength.” construed as referring to the rest of the
producers.” The amending notification can
Of course, „normal use of an outer sole‟ be seen at http://cbec.gov.in/customs/cs-
and „durability and strength‟ may be act/notifications/notfns-2k11/cs-
relative terms, and subject to nt2k11/csnt86-2k11.htm.
interpretation. The wording of the note
shows us that lack of clarity may not be an
exclusive feature of Indian drafting! Visit
www.udyogsoftware.com
Tyre imports must bear BIS mark / be Call us on
on exempt list 9320124365
The CBEC has issued an instruction dated or
29 November 2011, bearing F.No. 022-67993535
528/109/2011-STO(TU), in which it
instructs it field formations that only tyres
that either bear the BIS mark or are on the Update Written
exempt list for this, available at
By Radha Arun,
http://www.dipp.nic.in, are allowed to be
imported, stored or sold. Accordingly Consultant To
officers must verify the eligibility of the
tyres before clearance of imported tyres.
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
4. UDYOG TAX NEWS FLASH
5 -DECEMBER 2011
New customs regulations notified Past excise waiver for pile liners
The CBEC has notified the new fabricated at construction site for
regulations regarding electronic filing of marine site
shipping bills Section 11C enables the government to
(http://cbec.gov.in/customs/cs- waive excise duty that was not collected in
act/notifications/notfns-2k11/cs- the past due to prevalent practice. In
nt2k11/csnt80-2k11.htm) and bills of entry exercise of this power notification
(http://cbec.gov.in/customs/cs- 23/2011-CE(NT) has been issued waiving
act/notifications/notfns-2k11/cs- excise duty, for the period 1 April 2005 to
nt2k11/csnt79-2k11.htm), and regarding 17 November 2011, on pile liners of
provisional assessment heading 7305 fabricated at the site of
(http://cbec.gov.in/customs/cs- construction for use in the marine site. See
act/notifications/notfns-2k11/cs- http://cbec.gov.in/excise/cx-act/notfns-
nt2k11/csnt81-2k11.htm) 2k11/cx-nt2k11/cent23-2k11.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 4