Subscription   Feedback   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Articles Highlights TMI Notes SMS News Newsletters Calendar Imp. Links Database Experts Contact us More....
Extracts
Home List
← Previous Next →

Commissioner of Customs, Kandla Versus M/s. Luna Infraprop Pvt. Ltd.

Refund of SAD / Additional Duty - Validity of Sale transaction Entitlement of Exemption benefit Adjudicating authority sanctioned refund claim of 4% additional duty Commissioner (Appeals) dismissed appeal against Adjudication order on ground that refund sanctioned was not in violation of condition of Notification No.102/2007-Cus as Respondents had made sale transactions only on paper Held that:- from agreement to supply it was clear that Respondents passed title of goods and certificates .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

5 (8) TMI 121 - SUPREME COURT OF INDIA] held that eligibility to exemption determined by prescribed method should not be denied based on other criteria No dispute that Respondents paid additional duty of customs and also paid VAT therefore, benefit of exemption notification cannot be denied Decided against revenue. - Appeal No. C/11025/2014-DB; C/Cross/13352/2014 - Order No. A/10532 / 2015 - Dated:- 7-5-2015 - Hon ble Mr. P.K. Das, Member (Judicial) And Hon ble Mr. H.K. Thakur, Member (Techn .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

contractor through International Competition Bidding process, agreed to do erection, procurement and commissioning of the said plant. The Respondents imported a consignment described as Gas Turbine and Generator Unit & MSD Unit 1 & 2, Lubricants, Inlet Support/Steel Structure paid additional duty of customs (4% CVD) as per Section 3(5) of the Customs Tariff Act, 1975 at the time of importation. The goods were sold to M/s GIPL. The Respondents filed refund claim of 4% additional duty of C .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the Respondents had made the sale transactions only on paper. By the impugned order, the Commissioner (Appeals) rejected the appeal filed by the Revenue. Hence, the Revenue filed this appeal. 2. The learned Authorised Representative for the Revenue submits that refund of Customs duty is eligible on SAD for sale of the said goods. There was no sale transaction between the Respondents and GIPL. It is revealed from the contract that GIPL entered into contract with foreign suppliers for supply of ma .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ue. 3. The learned Counsel on behalf of the Respondent drew the attention of the Bench to the relevant portion of the agreement to establish that the Respondents passed the title of the goods to M/s GIPL by raising invoices. He also placed the certificate issued by the Government of NCT of Delhi, Department of Trade & Taxes, New Delhi, certifying that the Respondents sold the goods to M/s GIPL and paid CST. He further relied upon the various case laws and filed written submissions with compi .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

on shall be given, if the following conditions are fulfilled:- (a) the importer of the said goods shall pay all duties, including the said additional duty of customs leviable thereon, as applicable, at the time of importation of the goods; (b) the importer, while issuing the invoice for sale of the said goods, shall specifically indicate in the invoice that in respect of the goods covered therein, no credit of the additional duty of customs levied under sub-section (5) of section 3 of the Custom .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

of the imported goods in respect of which refund of the said additional duty is claimed; (iii) documents evidencing payment of appropriate sales tax or value added tax, as the case may be, by the importer, on sale of such imported goods. The jurisdictional customs officer shall sanction the 3. refund on satisfying himself that the conditions referred to in para 2 above, are fulfilled. 5. The main contention of the learned Authorised Representative for the Revenue is that there was no sale of the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ngaged in the business of undertaking procurement of supply of power plant equipment and GIPL desired to purchase certain equipments and materials. The Respondents passed the title of the goods and certificates to the project authority by raising invoices. For the proper appreciation of the case, the relevant portion of the order of Commissioner (Appeal) are reproduced below:- 5.3 The chart clearly reveals that with or without applying FIFO method, CST in respect of Invoice No.329/24.03.2012 was .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

n the objection raised by the appellant-department in this regard. 6. Appellant-department has also argued that the CA has issued his certificate without verification of records to facilitate the respondent for filing refund claim in time. This was mainly due to the aforesaid allegation that CST was paid only after filing of the refund claim whereas the CA certificate certifies payment of CST beforehand. In view of the factual position discussed supra, appellant-department s argument against the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

transit insurance included on the supplies made on CIF basis and all applicable taxes/duties. Further, Article 10.2 which deals with the terms of shipment and title of the equipments, specifies that notwithstanding which party has title, care custody and control of the equipment and loss or damage thereto shall remain with the supplier (respondent) until passed to the buyer at the delivery point. The term delivery point has been defined in Article 1 as any Indian seaport for imports and airport .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

t corporate. Therefore, buyer assumes no responsibility for early payments for supplies or import duties, which in the aggregate, on a quarterly basis, exceed the cumulative total amounts shown in Appendix B, supplier shall provide the buyer at least 25 (twenty five) days prior notice of such early shipment.... 7.4 Respondent has also submitted that Bank of Baroda has financed the power project of their buyer with a project cost of ₹ 909.18 Crores; that the facilities and finance granted b .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

bank deputes their engineer to the project site for periodical inspection of all equipments and the progress of the project before disbursing phased installments of the loan. 7.5 A closer scrutiny of all these documents support their submissions made by the respondent that despite their responsibility for implementation of the whole power project till its final stage of commissioning and final running, the title and care custody of each equipment procured for the project has already been transfe .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

entral Sales Tax Act, 1956. The definition of the term sale as defined under Section 2(g) of the said CST Act states:- sale , with its grammatical variations and cognate expressions, means any transfer of property in goods by one person to another for cash or for deferred payment or for any other valuable consideration, and includes a transfer of goods on the hire-purchase or other system of payment by installments, but does not include a mortgage or hypothecation of or a charge or pledge on goo .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

d has no relevance to the admissibility of refund of 4% SAD as provided under Notification No.102/2007 (supra), once details of goods in the BOE and details of goods in the sales match completely. 6. We find that the sales tax authorities accepted the sale of the goods on the basis of invoices and confirmed the payment of CST. It is revealed from the agreement that the title of the goods was transferred to M/s GIPL as soon as the invoices were raised to M/s GIPL. The sale is completed as soon as .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

It is noted that the sales tax authorities accepted the sale of the goods on the basis of invoices produced by the Respondents. The exemption Notification No.102/2007-Cus stipulates the condition for availing the exemption and determined the prescribed method which were fulfilled by the Respondent. The Hon ble Supreme Court in the case of M/s Vadilal Chemicals Ltd Vs State of Andhra Pradesh 2005 (192) ELT 33 (SC) held that the eligibility to exemption determined by prescribed method should not .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

tificate. There was no other method prescribed under the scheme for determining an industrial unit s eligibility for the benefits granted. The Department of Industries & Commerce having exercised its mind, and having granted the final eligibility certificate (which was valid at all material times), the Commercial Taxes Department could not go beyond the same. More so when the Commissioner, Sales Tax had accepted the Eligibility Certificate issued to the appellant and had separately notified .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

what is new what is new
  ↓     Latest Happenings     ↓  

Forum: GST on RCM on rent in a unregistered state

Forum: COMPOSITION SCHEME

Forum: Input Tax Credit - Reg

Forum: GST Invoice

Article: Websites of Government Departments need lot of improvement. We are noticing detoriations in them for example, case of website of ITAT.

Highlight: Levy of additions tax u/s 115O on distribution of dividend - shares of its profits declared as distributable among the shareholders is not impressed with the character of the profit from which it reaches the hands of the shareholder - not to be bifurcated as agriculture and non-agriculture dividend - SC

Highlight: Rate of GST on old and scrap buses - 28% or 18% - at such initial tender process initiated by the Respondents-KSRTC, the present petitions filed by the petitioners are premature and misconceived and do not require any interference by this Court at this stage. - HC

Forum: Rent a cab operator

Highlight: In view of amendment made u/s 132A of the Income Tax Act, 1961 by Finance Act of 2017, the 'reason to believe' or 'reason to suspect', as the case may be, shall not be disclosed to any person or any authority or the Appellate Tribunal, SC dismissed the appeal of the assessee

Highlight: Validity of Assessment Order - period of limitation u/s 153 (2A) is applicable even if the entire order was not set aside but matter was remanded back for for limited aspects with directions - HC

News: Note ban was a shake-up, achieved its main objectives

Notification: Amendments in the notification No.5/2017- Integrated Tax (Rate) dated the 28th June, 2017.

Highlight: Levying interest u/s 234C - interest is to be charged on the returned income and not on assessed income.

Highlight: Accrual of income - sale of right to develop and sell incentive FSI under LOI - till the conditions of LOI are fulfilled transfer is not complete and income does not accrue to the assessee

Highlight: TPA - determination of ALP - TP adjustment by applying Bright Line Test (BLT) is not sustainable on protective basis having no statutory mandate.

Highlight: Safeguard Duty - Advance License Scheme - as there is no exemption from safeguard duty leviable under Section 8C, which is imposed on the goods imported from China, the importer has to pay safeguard duty

Highlight: Manufacture - process of cutting of waste plastic container - Such plastic containers before and after cutting are nothing but waste / scrap - Not a manufacturing activity as no new product emerges.

News: NITI Aayog and Govt. of Assam organizes workshop on health sector reforms in Guwahati; launches SATH- Sustainable Action for Transforming Human Capital

Notification: Seeks to amend notification no. 5/2017- central tax(rate) dated 28.06.2017 to give effect to gst council decisions regarding restriction of refund on corduroy fabrics

Notification: Seeks to amend notification no. 2/2017- central tax(rate) dated 28.06.2017 to give effect to gst council decisions regarding gst exemptions

Forum: GSTR 3B Rectification

Notification: seeks to exempt Skimmed milk powder, or concentrated milk

Notification: Seeks to amend notification no. 2/2017- integrated tax(rate) dated 28.06.2017 to give effect to GST council decisions regarding GST exemptions.

Notification: Seeks to amend notification no. 1/2017- central tax(rate) dated 28.06.2017 to give effect to gst council decisions regarding gst rates

Notification: Seeks to amend notification no. 1/2017- integrated tax(rate) dated 28.06.2017 to give effect to gst council decisions regarding gst rates.

News: Notification Issued For GST Actionable Claim On Branded Food Products

Highlight: Classification printed computer stationary/manifold Business Forms - to be classified under Chapter Heading 4820.00 or under Chapter Heading 4901.90 - items like A4 sheets, advertisement and job card to be classified under Chapter 49

Article: RCM Applicability to persons not liable to get registered us 23(1)

Article: Credit of unsold stock [Section 140(3)] - Actual Credit as well as Notional Credit - Part-I - GST Transitional provisions

News: GST Refund - Blockage of Working Capital of Exporters - earlier also there was a normal blockage of funds for a period of 5-6 months at least

News: Clarification about Transition Credit - ₹ 1.27 lakh crore of credit of Central Excise and Service Tax was lying as closing balance as on 30th June, 2017 - claim of credit of ₹ 65,000 crore is not unexpected

Article: 20 Things You must know about E Way Bills in GST Law

Article: MISTAKES IN DRAFTING

Highlight: The Customs and Central Excise Duties Drawback Rules, 2017 and All Industry Rates (AIRs) of Drawback related changes -reg. - Circular

Highlight: The definition of "subsidiary company" or "subsidiary" u/s 2(87) of the Companies Act, 2013 shall come into force w.e.f. 20-9-2017

Highlight: Central Government notified the All Industry Rates of Duty Drawback Schedule w.e.f. 1.10.2017 - Notification

Notification: All Industry Rates of Duty Drawback Schedule w.e.f. 1.10.2017

Circular: Investment by Foreign Portfolio Investors in Corporate Debt Securities Review

Notification: Exemptions on supply of services under UTGST Act

Notification: Rates for supply of services under UTGST Act

Notification: Exemptions on supply of services under IGST Act

Notification: Rates for supply of services under IGST Act

Notification: List of Exempted supply of services under the CGST Act

Notification: Rates for supply of services under CGST Act

Highlight: Acceptance of deposits by companies from its members - conditions relaxed in case of Specified IFSC Public company and a private company - Rule 3 amended

Notification: Rate of exchange of conversion of the foreign currency with effect from 8th September, 2017

News: Tax Payers Advised To Confirm Identities Of Income Tax Search Authorities

Notification: Amendment in Appendix 3 (SCOMET items) to Schedule- 2 of ITC (HS) Classification of Export and Import Items 2012

Notification: The Customs and Central Excise Duties Drawback Rules, 2017

Circular: The Customs and Central Excise Duties Drawback Rules, 2017 and All Industry Rates (AIRs) of Drawback related changes -reg.



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version