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Exemption under Notification No.6/2002 to the goods manufactured at site of the construction for use in the construction work at such site and the goods supplied for use by the Railways, cannot be denied. - Tri
Maintainability of settlement application – Despite the assessee informing the Commissioner, that it had paid the filing fee and would file the settlement application within a week, the Commissioner proceeded to pass an order in utter haste. - HC
Recovery of service tax while appeal is pending before tribunal - recovery notice published in Daily News Paper ‘Dainik Bhaskar’ dated 28-1-2012 - writ petition dismissed. - HC
First appellate authority rejected the appeal for non-compliance with the pre-deposit of 25% - the appellant is directed to deposit 25% of the service tax liability confirmed by the adjudicating authority. - Tri
If the goods were not intercepted, the same would have been cleared without claiming the ownership as the actual owner of the goods viz. digital cameras and wrist watches. Therefore, the goods are liable for confiscation - Tri
TDS u/s 194C(2) - payments made to the labourers through the Sardars/Munshis - the provision of section 194C do not apply to the payments/expenditures incurred by the assessee. - Tri
Undisclosed profit from unaccounted sales - CIT(A) was fair and reasonable while applying the G.P. Rate at 20% on the undisclosed sales. - Tri
Addition u/s 68 - no person will gift 50% of his capital to a person with whom he has no relationship, blood relation or friendship. - onus is on the assessee to prove genuineness - Tri
Retraction of statement - nothing has been brought on record by the assessee to substantiate its stand as to how it was prevented in making retraction immediately after survey & the retraction was made after a gap of almost 5 months. - Tri
Reopening of assessment - Any inference not backed by material would only be a conjecture or surmise. Thus no merit in the Revenue's case qua denial of claim u/s.10A on account of contravention of section 10A(2)(iii) - Tri
Roads, flyovers, bridges etc. constructed and owned by the assessee and utilized in its business of providing infrastructure would constitute plant and would be entitled to depreciation. - Tri
Arbitration procedures - right to appointment of Arbitrator - the respondent had forfeited its right to appoint the arbitrator after the expiry of statutory period. - HC
Cenvat Credit - Supply to SEZ - Amendment to rule 6 - whether retrospective or prospective - the amendment is clarificatory in nature - held as retrospective - HC
Rebate claims under Rule 18 - Export - original and duplicate copies of the ARE-1 forms were lost by their CHA and the Petitioner had lodged an FIR - all other conditions met - rebate allowed - HC
Levy of service tax - The petitioner has adopted a non-cooperative attitude and collected mob on the spot and sensitized them of the requirement of law and threatened the officers, while the search continued. - against the assessee. - HC
Levy of service tax on packaging activity - palletizing of cargo for export - the packing done by the appellant forming part of “cargo handling service” is not the type of packing referred to in sub-section (76b). - HC
Additions u/s 68 - AO could not shift the burden back onto the Assessee Company without producing any tangible material to doubt the veracity of the documents furnished by the assessee. - HC
MAT - for computation of adjusted book profit, the provisions of sec.14A cannot be imported into clause (f) of the Explanation to sec. 115JB. - Tri
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1
Accessories (Condition) Rules, 1963
2
Baggage Rules, 1998
3
Customs (Advance Rulings) Rules, 2002
4
Customs (Appeals) Rules, 1982
5
Customs (Attachment of Property of Defaulters for Recovery of Government Dues) Rules, 1995
6
Customs (Compounding of Offences) Rules, 2005
7
Customs (Import of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rules, 1996
8
Customs (Publication of Names) Rules, 1975
9
Customs (Settlement of Cases) Rules, 2007
10
Customs Tariff (Determination of Origin of Goods under the Agreement on Global System of Trade Preferences among Developing Countries) Rules, 1989
11
Customs Tariff (Determination of Origin of Goods under the Agreement on SAARC Preferential Trading Arrangement) Rules, 1995
12
Customs Tariff (Determination of Origin of Goods under the Comprehensive Economic Cooperation Agreement between the Republic of India and Republic of Singapore) Rules, 2005
13
Customs Tariff (Determination of Origin of Goods under the Comprehensive Economic Partnership Agreement between the Republic of India and Japan) Rules, 2011
14
Customs Tariff (Determination of Origin of Goods under the Free Trade Agreement between the Democratic Socialistic Republic of Sri Lanka and the Republic of India) Rules, 2000.
15
Customs Tariff (Determination of Origin of Goods under the Preferential Trade Agreement between the Governments of Member States of the Association of Southeast Asian Nations (ASEAN) and the Republic of India) Rules, 2009
16
Customs Tariff (Determination of Origin of Goods under the Preferential Trade Agreement between the Governments of MERCOSUR Member States comprising the Argentine Republic, the Federative Republic of Brazil, the Republic of Paraguay and the Republica Oriental del Uruguay and the Republic of India) Rules, 2009
17
Customs Tariff (Determination of Origin of Goods Under the Preferential Trade Agreement Between the Governments of the Republic of India and Malaysia) Rules, 2011
18
Customs Tariff (Determination of Origin of Goods under the Preferential Trade Agreement between the Governments of the Republic of India and the Republic of Korea) Rules, 2009
19
Customs Tariff (Determination of Origin of Goods under the Preferential Trade Agreement between the Transitional Islamic State of Afghanistan and Republic of India) Rules, 2003
20
Customs Tariff (Determination of Origin of Other Preferential Areas) Rules, 1977.
21
Customs Tariff (Determination of Origin of Products under the Duty Free Tariff Preference Scheme for Least Developed Countries) Rules, 2008
22
Customs Tariff (Determination of Origin of the United Arab Republic and Yugoslavia) Rules, 1976
23
Customs Tariff (Identification and Assessment of Safeguard Duty) Rules, 1997
24
Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995
25
Customs Tariff (Identification, Assessment and Collection of Countervailing Duty on Subsidized Articles and for Determination of Injury) Rules, 1995
26
Customs Tariff (Transitional Product Specific Safeguard Duty) Rules, 2002
27
Customs Valuation (Determination of Price of imported Goods) Rules, 2007
28
Customs Valuation (Determination of Value of Export Goods) Rules, 2007
29
Customs, Central Excise Duties and Service Tax Drawback Rules, 1995
30
Customs, Excise and Service Tax Appellate Tribunal (Procedure) Rules, 1982
31
Denaturing of Spirit Rules, 1972
32
Foreign Privileged Persons (Regulation of Customs Privileges) Rules, 1957
33
India-Singapore Trade Agreement (Safeguard Measures) Rules, 2009
34
Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007
35
Interim Rules of Origin for Agreement between the Republic of India and the Kingdom of Thailand
36
Notice of Short-Export Rules, 1963
37
Notified Goods (Prevention of Illegal Import) Rules, 1969
38
Publication of Daily Lists of Imports and Exports Rules
39
Re-export of Imported Goods (Drawback of Customs Duties) Rules, 1995
40
Refund of Anti-Dumping Duty (Paid in Excess of Actual Margin of Dumping) Rules, 2012
41
Rule For Acceptance Of Shipping Bill Delivered Under Section 137(A)
42
Rule For Furnishing Of Informations By Customs Officers
43
Rule For Grant Of Port Clearance To Sailing Vessels In Kandla
44
Rules for granting special passes to break bulk in the Customs ports in the States of Mysore and Kerala
45
Rules for granting special passes to break bulk in the ports under the jurisdiction of the [Commissioner of Customs], Saurashtra
46
Rules for granting special passes to break bulk in the said ports in the States of Madras, Pondicherry and Bombay
47
Rules for passing free of import duty baggage in actual use and for the landing of passenger’s baggage and passing the same through the Custom House at Bombay.
48
Rules for passing free of import duty baggage in actual use, and for the landing of passenger’s baggage and passing the same through the ports, Saurashtra
49
Rules for the landing and clearing at the certain ports all the Land Customs Stations and Airports of parcels and packets forwarded by the foreign mails or by passenger vessels or air liners
50
Rules for the shipping of passenger’s baggage and the passing of the same through the Custom Houses
51
Rules of (Determination of Origin of Goods under the Agreement on South Asian Free Trade Area (SAFTA)), 2006
52
Rules of (Determination of Origin of Goods under the Asia-Pacific Trade Agreement, (formerly known as the Bangkok Agreement)) Rules, 2006
53
Rules of Determination of Origin of Goods under the Preferential Trading Agreement between the Republic of India and the Republic of Chile Rules, 2007
54
Specified Goods (Prevention of Illegal Export) Rules, 1969
55
Stamping of Piece-goods and Testing of Yarn Rules, 1949.
56
The relevant articles of the U.N. ( P & I ) Act, 1947 under which exemption from customs dut is allowed to the U.N.O and and their officials
Old Rules and Regulations
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