Aug 302014
 

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Service Tax – Dated:- 29-8-2014 – Business Auxiliary Service – even if the service tax liability has been discharged by the recipient of the service, that cannot compen………………

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Aug 302014
 

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Service Tax – Dated:- 29-8-2014 – Waiver of pre deposit – Adjustment of excess credit taken in subsequent year – Bar of limitation – , there is no evidence fo………………

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Aug 302014
 

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IDEA CELLULAR LTD. Versus COMMISSIONER OF C. EX., CUS. & ST., COCHIN – Service Tax – CESTAT BANGALORE – Tri – Waiver of pre deposit – CENVAT Credit – Availment on SIM cards – credit has been denied on the ground that SIM Cards are capital goods classifiable under Chapter CETH 85 – Held that:- appellants purchase the SIM Cards, load the software and thereafter sell it through the dealers and after sale to a customer, the SIM Card is activated and the process of provision of Telecommunication service commences. That being the position, the claim of the appellant that SIM Card is an input for them and is used for providing the output service on a prima facie basis seems to be justifiable. Therefore I consider that the appellant has made out a prima facie case in respect of the amount of ₹ 3,25,168/- and therefore the requirement of pre-deposit of this amount has to be waived. Demand of interest on reversal of cenvat credit – Held that:- From the reading of Section 75 there is no requirement of determination of the amount to be demanded for demanding interest. In any case in this case there is no dispute as regards the amount of credit wrongly taken and it is a fact that by the time department found out about wrong availment, the appellant had become eligible for the credit from 1-4-2008. That being the position, the a claim that duty should have been quantified and demanded (in this case wrongly availed credit) becomes only a technical formality and there is no clear requirement under Section 75 that such a technical formality should be completed for demanding any interest. If this claim is allowed, the provisions of Rule 14 which requires interest to be paid where credit has been wrongly availed becomes meaningless and no interpretation can be given to the law which will defeat the purpose of any of the provisions of the law. appellant has not been able to make out a case for complete waiver – Partial stay granted. – 2014 (8) TMI 896 – CESTAT BANGALORE – 2014 (34) S.T.R. 761 (Tri. – Bang.) – Application Nos. ST/Stay/29210-29211/2013 in Appeal Nos. ST/28521-28522/2013-SM – Misc. Order Nos. 20072-20073/2014 – Dated:- 20-1-2014 – Shri B.S.V. Murthy, Member (T) Shri C.R. Raghavendra, Advocate, for the Appellant. Shri S. Teli, Deputy Commissioner (AR), for the Respondent. ORDER Both the appeals are taken together and a common order is being passed since the issue involved in both the appeals are same. 2. During the period from April 2006 to March 2007, the appellant had received capital goods and took the entire amount of credit instead of taking only 50%. This was found out subsequently and in the impugned order only interest has been demanded for the 50% of the credit taken wrongly and the amount is ₹ 26,03,299/-. The second issue is availment of Cenvat credit on SIM Cards by the appellant. On this issue Cenvat credit of ₹ 1,01,522/- during the period from April 2006 to September 2006 and ₹ 2,23,646/- during the period from October 2006 to September 2007 has been demanded with interest. 3. As regards the second issue namely availment of Cenvat credit of Central Excise duty paid on SIM Cards, the learned counsel submits that the credit has been denied on the ground that SIM Cards are capital goods classifiable under Chapter CETH 85 and therefore credit could not have been taken. It was submitted by the learned counsel that credit has been taken treating the SIM Cards as inputs and he submits that the SIM Cards are essential inputs for providing the output service namely the Telecommunication Service. 4. As regards the second issue namely demand for interest on the excess credit of 50% taken during the period from April 2006 to September 2006, the learned counsel submitted that appellant had not at all utilized the credit till 31-3-2007 and on 1-4-2007 appellant became eligible for the credit of the balance of 50% also. He submits that during the relevant period appellant had credit of more than 4 crores whereas excess credit taken in only ₹ 2.69 crores. Therefore when the credit had not at all been utilized, what has happened is only a book entry and therefore no interest should have been demanded. He relies on the decision of the Hon ble High Court in the case of CCE & ST, LTU, Bangalore v. Bill Forge Pvt. Ltd. [2012 (279) E.L.T. 209 (Kar.) = 2012 (26) S.T.R. 204 (Kar.)] to submit that when credit is taken but not utilized, no interest is payable. He further submits that in the absence of determination of the duty amount as per the Rule 14 of Cenvat Credit Rules, no interest is demandable by invoking the provisions of Section 75 of Finance Act, 1994 which has been made applicable to Central Excise Rules under Rule 14 of Cenvat Credit Rules, 2004. Further he also relies upon the decision of the Tribunal in the case of CCE, Chandigarh v. Groz Beckert Asia Pvt. Ltd. [2009 (240) E.L.T. 222 (Tri.-Del.)] to submit that in the absence of determination of duty demand no interest under Section 11AB can be demanded. Learned AR would rely upon the decision of the Hon ble Supreme Court in the case of Union of India v. Ind-Swift Laboratories Ltd. [2012 (25) S.T.R. 184 (S.C.) = 2011 (265) E.L.T. 3 (S.C.)] to submit that interest is payable and has been rightly demanded. As regards SIM Cards, he would submit that these are capital goods and excluded from the definition of capital goods and therefore credit is not admissible. 5. I have considered the submissions made by both the sides. 5.1 As regards SIM Cards, I find that the appellants purchase the SIM Cards, load the software and thereafter sell it through the dealers and after sale to a customer, the SIM Card is activated and the process of provision of Telecommunication service commences. That being the position, the claim of the appellant that SIM Card is an input for them and is used for providing the output service on a prima facie basis seems to be justifiable. Therefore I consider that the appellant has made out a prima facie case in respect of the amount of ₹ 3,25,168/- and therefore the requirement of pre-deposit of this amount has to be waived. 6.1 As regards the amount involved in respect of capital goods, I find that para 17 of the decision of the Hon ble Supreme Court in the case of Ind-Swift Laboratories Ltd. relied upon by the learned AR clearly lays down the ratio that whether the credit taken is utilized or not, once it is wrongly taken, interest is payable. For better appreciation the paragraph is reproduced : We have very carefully read the impugned judgment and order of the High Court. The High Court proceeded by reading it down to mean that where Cenvat credit has been taken and utilized wrongly, interest should be payable from the date the Cenvat credit has been utilized wrongly for according to the High Court interest cannot be claimed simply for the reason that the Cenvat credit has been wrongly taken as such availment by itself does not create any liability of payment of excise duty. Therefore, High Court on a conjoint reading of Section 11AB of the Act and Rules 3 & 4 of the Credit Rules proceeded to hold that interest cannot be claimed from the date of wrong availment of Cenvat credit and that the interest would be payable from the date Cenvat credit is wrongly utilized. In our considered opinion, the High Court misread and misinterpreted the aforesaid Rule 14………………

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Aug 302014
 

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Central Excise – Dated:- 29-8-2014 – Appellant is claiming the benefit of notification No. 24/91 CE, after exhausting the exemption limit in terms of noti………………

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Aug 302014
 

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Central Excise – Dated:- 29-8-2014 – Valuation – 110% of the cost of manufacture under Rule 8 – Where a part of the goods are also being sold t………………

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Aug 302014
 

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Customs – Dated:- 29-8-2014 – Port restriction – The reason for this restriction would be that expertise for examination of such goods would be available………………

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Aug 302014
 

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VAT and Sales Tax – Dated:- 29-8-2014 – Waiver of pre-deposit – Interpretation of Section 18A(5) of the Central Sales Tax Act, 1956 – no pr………………

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Aug 302014
 

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Income Tax – Dated:- 29-8-2014 – Levy of penalty u/s 271D/E – Violation of provisions of section 269SS – journal entries are outside the scope of the relevant penal provisions – completing the “empt………………

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Aug 302014
 

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Income Tax – Dated:- 29-8-2014 – Deemed dividend u/s 2(22)(e) – When SFL is not engaged in the business of money lending, the transaction of the asse………………

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Aug 302014
 

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Income Tax – Dated:- 29-8-2014 – Reopening of assessment u/s 147 – When all material facts were furnished by the assessee, even if the assessee erroneousl………………

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Aug 292014
 

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1,84,68,000 Accounts Opened in more than 70000 Camps Under Pradhan Mantri Jan-Dhan Yojana ; Banks to hold such Camps on Weekly Basis, from 8 am to 8 pm on all saturdays to Achieve the Target of Covering Unbanked Households well in Time – Dated:- 29-8-2014 – Pradhan Mantri Jan-Dhan Yojna, an ambitious programme on Financial Inclusion to cover about 7.5 crore unbanked households in the country was launched here by the Prime Minister yesterday from Vigyan Bhawan. The Prime Minister has also asked that the target of opening 7.5 crore bank accounts is to be completed by 26th January, 2015. Simultaneous launch functions were held in State Capitals and Districts through 79 Mega Camps in presence of the Union Ministers, the State Chief Ministers, MPs/MLAs and other dignitaries. In all more than 70000 camps were held all over the country and 1,84,68,000 accounts were opened. It ha………………

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Aug 292014
 

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TIME PERIOD OF CERA AUDIT – Central Excise – Started By: – manan pandya – Dated:- 29-8-2014 Last Replied Date:- 29-8-2014 – RES. SIR,let me know that what is the time period for CERA AUDIT.do they conduct every year ?regards,manan pandya – Reply By Pradeep Khatri – The Reply = Dear Manan,Please refer appended table in this regard.Regards,YAGAY and SUN(Management and Indirect Tax Consultants)Time limit and frequency of EA-2000 audit[C.B.E. and C. Letter F. No. 381/145/2005, dated 6-6-2006] No. Quantum of annual total duty payment in (in cash + CENVAT Credit) Frequency of audit 1. Units paying more than ₹ 3 crore Every year 2. Units paying between ₹ 1 crore and ₹ 3 crores Once every two years 3. Unit………………

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Aug 292014
 

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Change in Tariff Value of Crude Palm Oil, RBD Palm Oil, Others – Palm Oil, Crude Palmolein, RBD Palmolein, Others – Palmolein, Crude Soyabean Oil, Brass Scrap (All Grades), Poppy Seeds, Areca Nuts, Gold and Silver Notified – Dated:- 29-8-2014 – In exercise of the powers conferred by sub-section (2) of section 14 of the Customs Act, 1962 (52 of 1962), the Central Board of Excise & Customs, being satisfied that it is necessary and expedient so to do, hereby makes the following amendment in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 36/2001-Customs (N.T.), dated the 3rd August, 2001, published in the Gazette of India, Extraordinary, Part-II, Section-3, Sub-section (ii), vide number S. O. 748 (E), dated the 3rd August, 2001, namely:- In the said notification, for TABLE-1, TABLE-2, and TABLE-3 the following Tables shall be substituted namely:- TABLE-1 Sl. No. Chapter/ heading/ sub-heading/tariff item Description of goods Tariff value US $ (Per Metric Tonne) (1) (2) (3) (4) 1 1511 10 00 Crude Palm Oil 743 2 1511 90 10 RBD Palm Oil 752 3 1511 90 90 Others – Palm Oil 748 4 1511 10 00 Crude Palmolein 771………………

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Aug 292014
 

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Amends Notification No. 36/2001-Customs (N.T.), dated the 3rd August, 2001 – Customs – 73/2014 – Dated:- 29-8-2014 – [TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART-II, SECTION-3, SUB-SECTION (ii)] Government of India Ministry of Finance (Department of Revenue) (Central Board of Excise and Customs) Notification No. 73/14-CUSTOMS (N.T.) New Delhi, 29th August, 2014 6 Bhadrapada, 1936 (SAKA) S.O. … (E).– In exercise of the powers conferred by sub-section (2) of section 14 of the Customs Act, 1962 (52 of 1962), the Central Board of Excise & Customs, being satisfied that it is necessary and expedient so to do, hereby makes the following amendment in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 36/2001-Customs (N.T.), dated the 3rd August, 2001, published in the Gazette of India, Extraordinary, Part-II, Section-3, Sub-section (ii), vide number S. O. 748 (E), dated the 3rd August, 2001, namely:- In the said notification, for TABLE-1, TABLE-2, and TABLE-3 the following Tables shall be substituted namely:- TABLE-1 Sl. No. Chapter/ heading/ sub-heading/tariff item Description of goods Tariff value US $ (Per Metric Tonne) (1) (2) (3) (4) 1 1511 10 00 Crude Palm Oil 743 2 1511 90 10 RBD Palm Oil 752 3 1511 90 90 Others – Palm Oil 748 4 1511 10 00 Crude Palmolein 771 5 1511 90 20 RBD Palmolein 774 6 1511 90 90 Others – Palmolein 773 ………………

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Aug 292014
 

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India Signs Loan Agreements with World Bank for IDA Assistance of US $ 107 Million for Second Mizoram State Roads Project – Dated:- 29-8-2014 – A Credit Agreement for World Bank (IDA) assistance of US$ 107 million for Second Mizoram State Roads Project (MSRP II) has been signed between the Government of India and the World Bank here today. This Agreement was signed by Shri Nilaya Mitash, Joint Secretary (MI), Department of Economic Affairs on behalf of the Government of India and Mr. Onno Ruhl, Country Director, World Bank, India, on behalf of the World Bank. The project is fully funded through the International Developme………………

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