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 →

Bumi Hiway (India) Private Ltd. Versus Commissioner of Customs, Chennai

Benefit of Exemption S.230 of Notification No.21/2002-Cus. benefit of notification was rejected both by adjudicating authority as well as by LAA on ground that appellant cannot be considered as person who has been awarded contract by NHAI and they are only contractor or sub-contractor appointed by STPL(SPV/Concessionaire) - Asphalt Mixing Plant Held that:- At per letter, it is clearly stated that pursuant to Assignment Agreement, STPL has awarded contract to appellant for roadwork STPL h .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Assesse. - Appeal No. C/348/2003 - Final Order No.40713/2015 - Dated:- 23-6-2015 - Shri R. Periasami, Technical Member and Shri P.K. Choudhary, Judicial Member, JJ. For the Petitioner : Shri A.K.Jayaraj, Advocate For the Respondent : Ms. Indira Sisupal, AC (AR) ORDER Per R. Periasami 1. Appellant filed appeal against the impugned order dt.25.7.2003 passed by Commissioner of Customs (Appeals), Chennai. 2. The brief facts of the case are that appellant filed warehouse Bill of Entry for import of .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

lants submitted that they are eligible for the exemption notification No.21/02-Cus. for import of said machines which are used in construction of national highway. He explained the Sl.No.230 of Notification covers goods falling under Chapter 84 or any other chapter and the machines are covered in Sl.No.18 of the list, and they complied with condition No.40 of the said notification. 3.1 He drew our attention to para-5 of the order-in-original where the adjudicating authority clearly came to the 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

ed to the appeal paper book. The first agreement is dt.27.3.2001 viz. Concession Agreement entered into between National Highways Authority of India (NHAI) and CIDB Inventures SDN BHD (Malaysia) [CIDBI, for short]. He relied clause (D) of the agreement that the SPV as the entity which shall undertake, fulfil and perform the obligations and exercise the rights of as per this agreement. The definition of "Concessionaire", "Contractor", "EPC Contract" are set out in th .....

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 at 2.1 2.3, 2.4 and 2.5, STPL (SPV) has been assigned full rights, duties and obligations under the concession agreement entered on 27.3.2001 between NHAI and CIDBI. He further submits that this assignment agreement shall form an integral part of the concession agreement dt.27.3.2001. He submits that based on this, the appellant entered into an agreement viz. EPC Contract dt.20.9.2001 with STPL.The appellants have been conferred as a contractor appointed as per Concession Agreement of NHAI for .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

llant on 30.7.2001 and relied relevant clauses at page 176 of Paper Book. 3.4 He submits that NHAI issued a letter dt.18.2.2002 addressed to Deputy Commissioner of Customs and specifically recommended for exemption on the import of Asphalt Mixing Plant model Speco TSAP -1550FFW including accessories for the above work as per Govt of India, Ministry of Finance Notification No.16/2000 dt.1.3.2000. Therefore, the appellants have rightly claimed the benefit of exemption notification under Sl.No.230 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

eal as reported in 2009 (247) ELT 776 (Tri.-Chennai). He submits that both are identical imports and covered under the NHAI authority for execution of project of widening of National Highway and therefore pleaded that they are eligible for the exemption benefit. 4. On the other hand, Ld. A.R for Revenue reiterates the findings of adjudication order. She submits that adjudicating authority has rightly denied the benefit of exemption as Sl. No.(iii) of Condition No.40 of the notification has not 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

e years from the date of their importation. She further submits that as per clause (iii) of the notification benefit is admissible only to a person who is part of the contract. In this case, appellant is not mentioned as a contractor in the agreement entered between NHAI & CIDBI. She submits that appellant-importer is a sub-contractor of the contractor. She relied on the Supreme Court judgement rendered in the case of Gammon India Ltd. Vs CC Mumbai 2011 (269) ELT 289 (SC) where the Supreme 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

halt Mixing Plant Model Speco TSAP-1550FFW" and claimed the benefit of Exemption Notification No.21/2002 under Sl.No.230. The benefit of notification was rejected both by the adjudicating authority as well as by the LAA on the ground that appellant cannot be considered as a person who has been awarded the contract by NHAI and they are the only the contractor or sub-contractor appointed by STPL(SPV/Concessionaire). Appellants contended that they are contractors of STPL created as Special Pur .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

adesh and its operation and maintenance on Build-Operator-Transfer(BOT) basis. For the sake of easy understanding, the relevant para 3 and 3.1 of the OIO is reproduced below :- "3. The letter No.15021/2001/Tech/GM(E)/90 dated 18.2.2002, issued by NHAI stated that the importer M/s.Bumi Hiway (India) Pvt. Ltd. are required to import necessary machineries and construction equipment for execution of the contract for Tada-Nellore-BOT PROJECT. Currently, they intend to import an Asphalt Mixing pl .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

appears that, (i) M/s. Speco Limited, Seoul, Korea have sold one unit of Speco Asphalt mixing Plant (model No.TSAP-1550FFW of 124 tons per hour capacity to BHL vide invoice No.01-A-6029 dt.21.2.2002 for USD 281,031.75 CIF. (ii) The goods under import are one unit of Speco Asphalt mixing Plant with capacity upto 124 TPH. (iii) Based on a Memorandum of Agreement (MOA) entered between the National highway Authority of India (NHAI) representing the Government of India and CIDB Inventures SDn Bhd re .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

required to constitute special purpose vehicle (SPV) either by itself or jointly with other parties for the purpose of implementing, the project. They have formed M/s. Swarna Tollway Ltd. (STL) and incorporated it as a special purpose vehicle (SPV) for implementing the project on BOT basis. They have further appointed BIL as sub-contractors to the above work. Accordingly, the importer BHL is claiming the benefit of import duty exemption benefits under serial No.230 of Notification No.21/2002-Cu .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

part of the MOA and acquires the right, duties and liabilities of the Concession Agreement between NHAI and CIDBI. As per clause 2.5 of the assignment agreement, STPL can further assign the concession in favour of its lenders and/or any other party, selected in consultation with NHAI and in accordance with the provisions of the Concession Agreement. Therefore, it is evident that STPL entered into EPC contract with the appellant for execution of the project. On a perusal of EPC Contract dt.20.9.2 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ought out various clauses of the agreement and the MOA signed between Govt of India and Govt of Malaysia and also setting up of SPV and recommended for exemption of duty for import of "Asphalt Mixing Plant Model Speco TSAP-1550FFW" imported by the appellant for executing the project under the Notfn 21/02. At para-4 of the above letter, it is clearly stated that pursuant to the Assignment Agreement, M/s.Swarna Tollway Pvt. Ltd. has awarded the contract to appellant for roadwork. From th .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ld that Joint Venture could be treated as a legal entity with Gammon as constituent and imports were not made by JV and Gammon India is not a person who has been awarded by NHAI and benefit of notification is not available to M/s. Gammon India Ltd. In the present case STPL has been created as Special Purpose Vehicle (SPV) as per the Concession Agreement between Govt of India (NHAI) and the Govt of Malaysia by virtue of Assignment Agreement dt. 29.6.2001 and therefore the Concession Agreement of .....

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: REGISTRETION

Forum: On what Value tax to be deducted at source (TDS)

Highlight: IGST Rate Schedule u/s 5(1) - notifying rates of IGST @ 5%, 12%, 18%, 28%, 3% and 0.25% on supply of goods. - Notification no. 1/2017 as amended vide notification dated 22-9-2017

Notification: IGST Rate Schedule u/s 5(1) - notifying rates of IGST @ 5%, 12%, 18%, 28%, 3% and 0.25% on supply of goods.

Highlight: National Advisory Committee on Accounting Standards - Tenure of the NACAS extended from one year to two years

Notification: National Advisory Committee on Accounting Standards

Forum: Duty Drawback- Urgent

Notification: Central Government appoints the 20th September, 2017 as the date on which proviso to clause (87) of section 2 of the Companies Act 2013, shall come into force - "subsidiary company" or "subsidiary"

Highlight: Restriction on number of layers for certain classes of holding companies - More than two layers of subsidiaries not allowed subject to certain exceptions.

Forum: GST on RCM on rent in a unregistered state

Forum: COMPOSITION SCHEME

Forum: Input Tax Credit - Reg

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

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

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



|| 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