Subscription   Feedback   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Forum Articles Highlights TMI Notes SMS News What's New Calendar Imp. Links Database More...
Extracts
Home List
← Previous Next →

M/s. Sri Sai Graphics, M/s. Vishwakna Enterprises, M/s. Katke Digital Printers Versus CC, Hyderabad

Confiscation of goods - redemption fine and penalty - Import of second hand Cannon MFD (Digital Multifunctional devices) printers - contravention of condition laid in para 2.17 of the Foreign Trade Policy. - description of goods shown in Bill of Entry is not photocopiers but it is stated as multifunctional Digital machines, copier, scanner (printer). The department had taken the assistance of a Chartered Engineer for examination of the goods and assessment of its value - hereby the value declare .....

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 orders are modified to the extent of setting aside the confiscation of goods and imposition of redemption fine and penalty. - Decided in favor of appellant. - Appeal No.C/2853/2012; C/2854/2012; C/1341/2011 - Final Order No A/30035-30037/2016 - Dated:- 20-1-2016 - Ms. Sulekha Beevi, C.S., Member(Judicial) Shri Y. Sreenivasa Reddy, Advocate for the appellants Shri Venkatesan and Shri Prasad, Authorised representatives for the respondent ORDER [Order per: Sulekha Beevi, C.S.] The issue involved .....

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 make multifunctional copier cum printers. M/s Katka Digital Printers (Appeal No.C/1341/2011) filed Bill of Entry No.2529320 dated 04-01-2011 for clearance of used cannon MFD copiers. Similarly Sri Sai Graphics filed Bill of Entry No.4247842 dated 02-08-2011 for clearance of 113 nos. of second hand Cannon MFD(Digital Multifunctional devices) 3. The goods being second hand and the department not convinced by the declared value, the same were appraised by a Chartered Engineer. All the appellants .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

redeem them on payment of redemption fine and also imposed penalty. Aggrieved by the said order, the appellants preferred appeal before the Commissioner (Appeals) who upheld the confiscation and imposition of penalty. The appellants have preferred the present appeals challenging the confiscation and imposition of penalty. 4. Before entering into the discussion, it would be worthwhile to notice the condition envisaged in para 2.17 of the FTP during the relevant period which is as under: Second Ha .....

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 said condition underwent an amendment wef from 05-06-2012 which reads as under. Import policy Conditions, if any 1. Second Hand Capital Goods Group (a) Restricted category (i) Personal computers / laptops (ii) Photocopier machines / Digital multifunction print & copying machines. (iii) Air conditioners (iv) Diesel generating sets Restricted Allowed to be imported only as per provisions of FTP, ITC(HS), HBP v1, Public Notice or an Authorisation issued for import of the specified second hand .....

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 multifunction copier machines which are nothing but photocopiers with additional devices/functions. Therefore, used photocopiers being restricted, the import of impugned goods without license is contravention of condition 2.17 of FTP read with Section 13 & 11 of Foreign (Development & Regulation) Act, 1992. The learned AR Sri Venkatesan submitted that the goods though described as multifunctional copier cum printers are per se photocopiers. Further, that after amendment, used digital m .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

multifunctional digital photocopying machines. Some models also function as printer, scanner, Xerox etc. with memory function in them. He drew attention to the classification of goods shown in the Bills of entry and contended that the goods imported by appellant are classified under CTH 84433100 while the classification of photocopiers is CTH 84433930. He relied upon the following judgments and pleaded that the confiscation is unjustified. i) Shivam Internationals CC Cochin [2012(286) ELT 545(Tr .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

department had taken the assistance of a Chartered Engineer for examination of the goods and assessment of its value. Thereby the value declared by the appellants was rejected and order was passed enhancing the value basing upon the report/valuation of chartered Engineer. It is not stated anywhere by the expert/chartered engineer that the goods are mere photocopiers classifiable under CTH 84433930 or that the description or classification shown in the Bills of Entry are wrong. The Chartered Eng .....

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 said issue has been considered and settled in the judgments placed before me by the learned counsel for appellants. In CCE Delhi Vs Best Mega International (Supra) the coordinate bench of the Tribunal observed as under: 6. The goods imported are old and used Digital Multifunction Printing and Copying Machines covered by sub-heading 8443 31 00. In terms of the Chartered Engineer Certificate, the remnant life of the machines is more than 5 years and the same are not e-waste fit to be discarded d .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

6-2012, which is the period of dispute in this case, old and used Digital Multifunction Printing and Copying Machines could be imported without licence or not. 6.1. We find that from the Minutes of the Technical Review Committee of Ministry of Environment and Forests held on 16-11-2011 which have been obtained by the respondent from the Ministry under Right to Information Act, it is clear that Government itself treated "Digital Multifunction Printing and Photocopying Machines" as diffe .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

  ↓     Latest Happening     ↓  

Forum: Input tax credit

Forum: Cess paid instead of SGST

Forum: Excise duty credit on finished stock at additional place of business.

Circular: Amendments in Hand Book of Procedures 2015-20 –reg.

News: Cabinet approves Extension of time period of the Scheme "Special Industry Initiative for J&K" (Sll J&K) - Udaan

Highlight: Constitution of National Anti-profiteering Authority (NAA) under GST-reg. - Trade Notice

Highlight: Amendments in Hand Book of Procedures 2015-20 –reg. - Various amendments are made in Chapter-4 of Hand Book of Procedures 2015-2020.

Forum: GST rates on mobile recharge business

Circular: Constitution of National Anti-profiteering Authority (NAA) under GST-reg.

Forum: import purchase

Highlight: Sharing of expenses - BAS - promotion of business of group companies - sharing of expenditure for common facilities cannot be treated as service by one to another in such arrangement.

News: RBI Reference Rate for US $

Forum: 3B mistake

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

Circular: Certain Clarifications sought on Construction Services provided in the Real Estate Sector – reg.

News: Anti-dumping duty on import of bus/truck tyres from China

News: Fast-track GST refund, else ₹ 65K cr may be stuck: Exporters

Highlight: It is open to the Settlement Commission to use best judgment in arrival of the figure. Nonetheless it has to explain the manner in which the best judgment figure has been arrived at by the Settlement Commission - HC

Highlight: Deemed dividend u/s 2(22)(e) - advances given to societies - in the absence of legal right of the assessee in the said society the amount advanced cannot be treated as deemed income.

Highlight: When electrical installations are treated as plant and machinery the depreciation has to be allowed @ 25% as per provisions contained u/s 32

TMI Note: Capital Gain - transfer of right in the land or transfer of land itself - addition u/s 50C - Harassment to the honest tax payers

Highlight: Option to avail composition scheme under GST by electronically filing an intimation in FORM GST CMP-02 and FORM GST ITC-03 upto 30-9-2017 - See Rule 3(3A)

TMI Note: Does ICDS apply for the purposes of computing exemption u/s 11 to 13.

Highlight: Voluntary Reporting of Estimated Current Income and Advance Tax Liability - CBDT issues draft notification

TMI Note: Certain ICDS provisions are inconsistent with judicial precedents. Whether these judicial precedents would prevail over ICDS.

Highlight: Provisions of ICDS shall prevail w.e.f. AY 2017-18 to the transactional issues dealt therein over earlier judicial pronouncements.

Notification: Levy of anti dumping duty on New/unused pneumatic radial tyres with or without tubes and/or flap of rubber (including tubeless tyres) having normal rim dia code above 16 originating in, or exported from China PR

News: Voluntary Reporting of Estimated Current Income and Advance Tax Liability

TMI Note: In case of conflict between ICDS and other specific provisions of the Income-tax rules, 1962 governing taxation of income like rules 9A, 9B etc. of the Rules, which provisions shall prevail.

TMI Note: Does ICDS apply to computation of Minimum Alternate Tax (MAT) u/s 115JB of the Act or Alternate Minimum Tax (AMT) u/s 115JC of the Act.

TMI Note: Where a term has not been defined under ICDS, nor under the Act, but has different interpretations given to it by the courts in tax cases, and in ICAI Accounting Standards, which interpretation would prevail while interpreting ICDS.

TMI Note: Whether the provisions of ICDS apply to a non-resident who claims the benefit of a double taxation avoidance agreement (DTAA).

TMI Note: In case any of the ICDS provisions is contrary to a circular or press release issued by the CBDT, which would prevail over the other.

TMI Note: ICDS-I requires disclosure of significant accounting policies and other ICDS requires specific disclosures. Where is the taxpayer required to make such disclosures specified in ICDS.

Notification: Income Computation and Disclosure Standards (ICDS) - New ICDS to be effective from AY 2017-18

News: RBI Reference Rate for US $

Highlight: GST - Detention of goods under transport - discrepancy in documents - the statutory provisions provide a mechanism for adjudication following detention of goods including for the provisional release thereof pending adjudication - HC

Highlight: Reassessment - first few paragraphs of the assessment order dealt with objections and disposed of accordingly - Unfortunately, the manner in which the AO has decided the issue is wholly unsustainable in law - HC

Highlight: Business expenditure u/s 37 - liquidated damage - breach of contract terms - Expenditure was not incurred for any purpose which is an offence or which is prohibited by law - cannot be disallowed - HC

Highlight: Valuation - inclusion of reimbursement of expenses - managing participation of clients in certain mela, fairs, promotional activities etc. - They are liable to service tax on the gross amount received - They cannot restrict their tax liability to only agency commission

Highlight: TDS liability - ITAT confirmed the liability - We do not see how it is possible for us to uphold the order of the Tribunal and when it purports to decide two Appeals of the Revenue by single paragraph conclusion - HC

Highlight: Reopening of assessment - sufficiency of material available with the AO to form a belief that income chargeable to tax had escaped assessment - bogus purchases - seller refused to respond - notice would not be interfered with - HC

Highlight: Exemption u/s 11 - education activities - transport and hostel facilities surplus cannot be considered as business income of the assessee society

News: Draft Notification for insertion of new rule 39A in the Income-tax Rules, 1962 – comments and suggestions-reg.

Highlight: Genuineness of labour wages expenses, embroidery charges, fabrication expenses etc. - getting work done through small workmen who do not have any permanent place of residence - disallowance of ad hoc expenditure deleted.

Highlight: Project import - Since the goods were never used for the purpose for which it was imported, the actual user condition has been violated - Redemption fine and penalty imposed.

Highlight: Penalty u/s 112 (a) - CHA - Lack of due diligence and failure to take more precautions can not, by itself, bring in penal consequences

Highlight: Import of services - GST - The fact that those services were received outside India will not change the fact that the services have been paid for by the beneficiary appellant, who is located in India. - Demand confirmed.

Notification: SEZ for IT/ITES at Madhurwada Village, Visakhapatnam District in the State of Andhra Pradesh - denotified.

Highlight: Merely because payment is received in Indian rupee, it cannot be said that payment against export has not been received in convertible foreign exchange.



|| 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