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 →

M/s Bhalaria Metal Craft Pvt. Ltd., Shri Hetendra Bhalaria Versus Commissioner of Central Excise, Thane-II

SSI exemption - Goods cleared to merchant exporter and domestic consumption - Circular No. 648/39/2000-CX dated 25.7.2000 - Held that: - In the case of Vadapalani Press [2007 (3) TMI 151 - CESTAT, CHENNAI] wherein it was held that In Circular No. 212/96-CX., dated 20-5-1996, the Board simplified the export procedure for SSI units. Where the export of goods cleared from SSI unit was effected through a merchant-exporter, the certificate in "Form-H" issued by the latter was accepted as proof of exp .....

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 goods which was used for packaging of export goods were also treated as removal for export through merchant exporter and the same was held not to be includible in the domestic clearance. With the views taken in the above judgments, the interpretation of the adjudicating authority that in the appellants case the goods were not directly exported from the appellants unit is incorrect and the same cannot be accepted - Appeal allowed - decided in favor of the assessee. - E/2344 & 2369/06 - A/881 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

exemption. They are supplying the goods to merchant exporter in addition to the clearances made to their domestic buyers. They have not included the clearance value in respect of supply made to merchant exporter treating the same as export clearances. Accordingly, the remaining clearances, which were made to their domestic buyer, they claimed SSI exemption as the aggregate value of such clearances was within the SSI exemption limit of ₹ 100 lakhs. The appellant claimed that against the sup .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

In the present case, the goods were sold to merchant exporter and have not directly exported. As regards other proof of export provided by the merchant exporter, the adjudicating authority contended that the proforma invoice issued by the merchant exporter is of pre-dated than the date of clearance of goods by the appellant, therefore, whatsoever export documents submitted are not relevant to the clearances made by the appellant. Accordingly, the said clearance was not considered for the purpose .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

spute that in respect of all the clearances made to merchant exporters. The merchant exporters have provided Form 14B and/or Form H. Therefore, all such documents submitted to the Department is sufficient as proof of export. As regards the contention of the adjudicating authority that the goods should have been exported directly is mis-leading for the reason that the goods were sold to the merchant exporter and in turn merchant exporters has exported the goods and in respect of the same goods Fo .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

also prove that the goods supplied by the appellant have been exported through merchant exporter. The only reason for rejecting these documents by the adjudicating authority that the proforma invoice issued by merchant exporter are pre-dated i.e. before the clearance of the goods from the appellants premises. In this regard, he submits that it is general practice that for the purpose of processing the export in the Custom House, the exporter has to submit documents such as proforma invoice, Bill .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

erefore, correlation is clearly established between the supplies of appellant and export of the same goods by the merchant exporter. He further submits that the merchant exporter namely, M/s Bhalaria Steel Corporation has also given certificate that the goods supplied by the appellant to them during the period April, 2002 to February, 2003 were physically exported by them and in respect of the same Sales Tax exemption Form 14B along with copies of Bill of Lading were submitted to the appellant. .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

7) ELT 574 (Tri) (f) Universal Packaging - 2011 (264) ELT 147 (Tri) (g) Vadapalani Press - 2007 (217) ELT 248 (Tri) 3. Shri V.K. Agarwal, learned Addl. Commissioner (AR) appearing on behalf of the Revenue reiterates the findings of the impugned order. He emphatically submits that as regards Form 14B/Form H, the Board has clarified that these documents can be accepted as proof of export only in case when the goods are directly exported from the manufacturer. In the present case it is admitted fac .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

export invoices claimed to be as invoices in respect of the goods cleared by the appellant is not correct for the reason that the clearance of goods after the date of invoice is not related to the proof of export claimed by the appellant. Therefore, on both the counts, the appellant failed to prove export of goods and demand is rightly confirmed by the adjudicating authority. 4. We have carefully considered the submissions made by both sides. We find that the appellant is availing SSI exemption .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

request to accept Sales Tax documents as proof of export for the supplies made to other domestic manufacturers who use the said goods in manufacture/packing of goods for export. Further, it has also been requested that the value of such clearances may be excluded from the total value of domestic clearances for the purpose of availing SSI exemption. 2. The matter has been examined by the Board. The Central Excise Manual provides that in the case of export by exempted units through merchant export .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

f the above Circular, it is seen that the above procedure is primarily applicable in respect of small scale exempted units to export their goods either directly or through merchant exporter and documents prescribed by Sales Tax Department is Form H or ST-XXII Form or any other equivalent Sales Tax Form is acceptable as proof of export. The adjudicating authority interpreted the Circular in a manner that the goods should be supplied directly from the unit itself. As per the facts of the present 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

eafter, the merchant exporter export the goods and for that reason the Sales Tax Department issue Form H and Form 14B in respect of the goods supplied by the manufacturer to the merchant exporter. The Board has very consciously prescribed the aforesaid Sales Tax Form as proof of export for the reason that the said Forms are issued by the Sales Tax Department only in respect of those goods, which are exported. In respect of the goods supplied by the appellant, the merchant exporters have obtained .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

nd defeats the entire objective of the simplified export procedure prescribed by the Board. It is very obvious that in case of merchant exporter, the manufacturer supplier does not have locus-standi to export the goods directly from his factory. It always happens that first goods purchased by the merchant exporter and thereafter merchant exporters do all the procedures such as preparation and filing of documents for export to the Customs authority. Therefore, the assumption of the adjudicating a .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

have also perused the certificates issued by the merchant exporter, which fortify the claim of the appellant that the goods cleared by them have been exported and it cannot be brushed aside particularly when the appellants have submitted Form-H/Form-14B. Since Sales Tax forms have been considered by Board as proof of export, no further documents are required for the purpose of proof of export. 5. The very same issue has been considered in the various judgments as cited by the learned Counsel. In .....

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 plastic hangers to the following units under Form H except Serial No.1 1. M/s. Network Clothing Company (P) Ltd., Tirupur 2. M/s. Amstrong Knitting Mills, Tirupur 3. M/s. C.S. Garments, Tirupur 4. M/s. Stanfab Apparels, Chennai 5. M/s. R.R. Leather Products Pvt. Ltd., Chennai etc. 6. M/s. BNT Innovations, Tirupur 7. M/s. Gomathi International, Tirupur 8. M/s. Fulchand & Sons, Mumbai. These hangers have been exported along with garments by the above mentioned units. The corroborative docum .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

dentally issued for clarifying the simplified export procedure available to exempted SSI unit. Though the assessee have not cleared the hangers directly from the factory premises, the Form H furnished is taken as an evidence to conclude that the hangers have been exported from the units mentioned above. On the basis of these documents, I am of the opinion that the assessee is entitled for deduction of the value of hangers cleared to these units from the total value of clearances in terms of Noti .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

f of export by the exempted SSI units. The Board has clarified that the documents prescribed by the Sales Tax Department viz. H-Form or ST-XXII Form or any other equivalent Sales Tax Form will be accepted as proof of export. In the present case, Revenue has not disputed that the appellant placed sufficient material in the nature of H-Form or ST-XXII Form, Sales Tax Assessment Order as proof of export. There is no dispute that the Hangers were exported with garments by the merchant exporter. Thus .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

at any point of time. 8. In view of the above discussion, in Appeal No.E/1091/2005, we set aside the impugned orders and the appeal is allowed. In Appeal No. C/160/2005, the impugned order passed by the Commissioner (Appeals) is set aside and the adjudication order is restored. Both the appeals are allowed. 5.1 In the case of Hare Krishna Boxes Pvt. Ltd. (supra), this Tribunal considered an identical matter as under: - 4. We have given careful consideration to the submissions. Essential facts 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

vant SSI notifications. In determining the aggregate value of clearances, they did not take into account corrugated boxes which were cleared to merchant-exporters for being used as packing material for vegetables and fruits which were exported out of the country. In this context, they produced Sales Tax Forms (G-I Forms upto 1-4-2005 and H-Forms from 1-4-2005) as proof of export of the corrugated boxes cleared to merchant-exporters. These facts are not in dispute. On these facts, the question ar .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

upplementary Instructionswas also considered alongwith certain circulars of the CBEC and it was held that the assessee in that case was entitled to reckon clearances of the subject goods (packing materials) to merchant-exporters as clearances for export and hence to exclude the same from computation of aggregate value of clearances of specified goods for home consumption under the relevant SSI exemption notifications. The decision rendered in Vadapalani Presss case was not challenged by the depa .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

that the facts of the present case are materially different from those of Amar Packaging (supra) or Universal Packaging (supra). In this scenario, is our considered view that the Revenue is precluded from taking a different stand. The show-cause notice in question and also the adjudicating authority in the present case heavily relied on para 4.1.2, Chapter 7 of Central Excise Manual of Supplementary Instructions for alleging that the benefit of using sales tax forms under the Central Sales Tax .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

aiming SSI benefit in respect of clearances thereof for home consumption was entitled to use H-Form as a proof of export in respect of the materials cleared to merchant-exporters for being used for packing other goods for export, in the context of claiming exclusion of such clearance from computation of aggregate value of clearances of specified goods for home consumption under the relevant SSI notification. It is pertinent to note that the interpretation rendered by the Tribunal in respect of t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

rd and hence not acceptable. We, therefore, are inclined to follow the view taken in Vadapalani Press (supra), and to allow these appeals. For the sake of brevity, we reproduce hereunder paras 5 and 6 of the judgment in Vadapalani Press : 5. After giving careful consideration to the submissions, we have found substance in the claim of the appellants that CBEC themselves had accepted "Form-H" certificates as proof of export vide Circulars No. 212/46/96-CX dt. 20-5-1996 and No. 648/39/20 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

serially numbered H-Forms/ST-XXII form or equivalent Sales Tax form. After the goods have been exported by the merchant-exporters, the latter issues these forms to the manufacturers of the goods. The merchant-exporters in turn have to account all these serially numbered forms to the Sales Tax Department by furnishing a proof that the goods have been exported out. These proofs are in the form of presentation of the Shipping Bill duly completed by the customs, bill of landing, foreign exchange 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

s facility is available only in respect of the exempted units which undertake exports themselves or through merchant exporters directly from the unit itself. The facility is not available for the supplies made to any other domestic manufacturer who may or may not export its finished products." The clarification in the italicized sentences of para 4.1.2 were taken from the Boards circular dated 25-7-2002 ibid and ld. SDR has laid emphasis on the same and has argued that a Form-H certificate .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

rstood conjointly with the relevant provisions of the Central Sales Tax (Registration and Turnover) Rules, 1957. Rule 10(a) of the CST (R&T) Rules, 1957 reads as under : "A dealer may, in support of his claim that he is not liable to pay tax under this Act in respect of any sale of goods on the ground that the sale of such goods is a sale in the course of export of these goods out of the Territory of India within the meaning of sub-section (3) of Section 5, furnish to the prescribed aut .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

hat the Revenue has accepted the fact that the sale of printed cartonsby the appellants to the said customers was a sale in the course of export of the goods out of India. The above rule contemplated export of the goods by the purchaser. By no stretch of imagination can it be said that the above rule contemplated retention of possession of the goods by the dealer (appellants in the present case) for its direct exportation from their own premises by the buyer (M/s. A.V. Thomas Co. or other simila .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

en specified in items (1) and (2) of the Schedule below supplied in pursuance of my/our Purchase Order No. (ANNEXURE ENCLOSED) Purchased from you as per bill/cash memo/Challan No. (ANNEXURE ENCLOSED) dated (ANNEXURE ENCLOSED) for ₹ 88,64,004.15 have been utilized by me/us in the packing of the goods exported by me/us outside the territory of India, as per the details given in item (3) to (6) of the said schedule." The Schedule to the above certificate described the goods as "boxe .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

were furnished in a tabular statement annexed to the document. Such a document was liable to be accepted as proof of export by the appellants' customer, of the cartons supplied by the appellants. It would not cease to be proof of export by mere reason of the fact that the exportation was done by the customer from his own premises and not directly from the appellants' factory. Therefore, we are of the view that the interpretation given by learned SDR to the Boards Circular No. 648/39/2002 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

. In that case, corrugated boxes supplied by the said party (SSI unit) were used by their buyer for packing shoes, which were exported. The Tribunal held that such clearances of corrugated boxes by the SSI unit were not to be included in the aggregate value of clearances by the unit for the purpose of claiming the benefit of SSI exemption. The Revenue has no case that the Tribunals decision in Radhey Paper Udyog dated 27-1-2005 was not accepted. Earlier decision to the same effect, of the learne .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

rt, where proof of export was not furnished within 6 months, exceeded exemption limit, they should take Central Excise registration and follow the regular A.R. 4/A.R. 5 procedure. Where proof of export was furnished within 6 months, the clearances made for export were not to be added to clearances for home consumption. Circular No.648/39/2002-CX. affirmed the position and further clarified that the above facility was available only in respect of exempted units which undertook exports themselves .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

mputation of aggregate value of clearances in a given financial year, it is within exemption limits, it is an exempted unit. In this sense, the appellants remained an exempted unit, thereby satisfying the first condition proposed by SDR. Circular No.648/39/2002-CX. specifically refers to goods manufactured and cleared by SSI unit for packing of other goods for export. This circular deals with Form-H procedure as applicable to SSI unit selling goods to a merchant-exporter. This would mean that it .....

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 conditions proposed by learned SDR were satisfied by the appellants. Hence, by ld. SDRs yardstick also, the appellants must be held to have established their case for acceptance of Form-H certificates as proof of export in respect of the "printed carton" ssupplied by them to M/s. A.V. Thomas Co. and other similar customers during the period of dispute. It is ordered accordingly. 5. Having found striking parallel between this case and the case of Vadapalani Press and other similar cas .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

se. 6. Before parting with this case, we have to say something in connection with the reliance placed by the learned Jt. CDR on the Apex Courts judgment in Hari Chand Shri Gopal's case. In that case, the question considered by the Court was whether the respondent was entitled to exemption under Notification No. 121/94-CE in respect of the goods cleared by them for home consumption. The department alleged that the benefit would not be available to the party inasmuch as they had not followed 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

Ltd. v. Collector, 1992 (61) E.L.T. 352 (S.C.). The learned Jt. CDR has today submitted that the Tribunals decision in the case of Vadapalani Press and other similar cases does not reflect the correct law as it was based on the Apex Courts decision in the case of Thermax Pvt. Ltd. (supra), which has been held to be inapplicable in the case of Hari Chand Shri Gopal. In the case of Hari Chand Shri Gopal, the Apex Court noted the facts of Thermax Pvt. Ltd. and found the same to be distinguishable. .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

rgument of the learned Jt. CDR that the corrugated boxes which were excluded from the computation of aggregate value of clearances were not ultimately exported. The only case of the Revenue appears to be that the sales tax forms produced by the assessee did not adequately prove the factum of export. In other words, there is no proper correlation between the exports made by the merchant-exporters and the clearances made by the assessee. According to the learned Jt. CDR, had the goods been directl .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ons as interpreted by this Tribunal have got to be given effect to. We have found the present case to be an appropriate case for giving effect to these instructions. Hence the view taken by us in the foregoing paragraphs. 5.2 In the case of Benara Bearings Pvt. Ltd. (supra), the Tribunal has held as under: - "4.1 I have carefully considered the pleas advanced from both sides. On the basis of the evidence produced to which detailed mention has been given above, I am satisfied that the goods .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

has been submitted. In view of the foregoing discussion, I set aside the impugned order and allow the appeal with consequential relief to the appellants." 5.3 In the case of Merry (supra), this Tribunal has observed as under: - "4. We have considered the submission. We find that though the Commissioner has referred to some discrepancies in the export documents in Para 26 of his order, he has in Para 27 not questioned the export of the goods but has only held that since prescribed proc .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

other. We find the other items are additional items which cannot mean that the goods in question were not exported. Once the goods have been exported then mere not mentioning of the words "export through merchant exporters" cannot result in demand of duty as there is no evidence to show that the goods have been cleared for domestic consumption and have not exported at all. In view of the same, we set aside the order of Commissioner and allow the appeal." 5.4 In the case of Amar P .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

bunal in the case of Vadapalani Press had discussed the Circular issued by the Board from time to time in detail. We find ourselves in respectful agreement with the reason adopted by the Tribunal in Vadapalani Press case in coming to the conclusion in favour of the appellants in that case and accordingly we allow the appeal filed by the appellants with consequential relief. 5.5 In the case of Universal Packaging (supra), a Division Bench of this Tribunal observed as under: - 5. After considering .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

f Rule 19(1), the goods should have been exported from the factory of production and not from elsewhere. We find that the Tribunals decision in Vadapalani Press case contains a pointed answer to this objection of the Revenue. Another ground raised by the Revenue for including the above clearances in the aggregate value of clearance for home consumption is that the documents filed by the assessee did not conclusively prove exportation of the goods. We find that the assessee filed Bills of Lading, .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

convinced that the assessees case stood squarely covered by that judgment. 6. Paragraphs 5 and 6 of the judgment in Vadapalani Press case are reproduced below: "5. After giving careful consideration to the submissions, we have found substance in the claim of the appellants that CBEC themselves had accepted "Form-H" certificates as proof of export vide Circulars No. 212/46/96-CX., dt. 20-5-1996 [reported in 1996 (14) RLT M84] and No. 648/39/2002-CX., dated 25-7-2002 [reported in 20 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

lly numbered H-Forms/ST-XXII form or equivalent Sales Tax form. After the goods have been exported by the merchant-exporters, the latter issues these forms to the manufacturers of the goods. The merchant-exporters in turn have to account all these serially numbered forms to the Sales Tax Department by furnishing a proof that the goods have been exported out. These proofs are in the form of presentation of the Shipping Bill duly completed by the customs, bill of lading, foreign exchange remittanc .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ity is available only in respect of the exempted units which undertake exports themselves or through merchant exporters directly from the unit itself. The facility is not available for the supplies made to any other domestic manufacturer who may or may not export its finished products." The clarification in the italicized sentences of para 4.1.2 were taken from the Boards circular dated 25-7-2002 ibid and ld. SDR has laid emphasis on the same and has argued that a Form-H certificate would n .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

as the Boards clarification as to the manner of exportation has to be understood conjointly with the relevant provisions of the Central Sales Tax (Registration and Turnover) Rules, 1957. Rule 10(a) of the CST (R&T) Rules, 1957 reads as under : "A dealer may, in support of his claim that he is not liable to pay tax under this Act in respect of any sale of goods on the ground that the sale of such goods is a sale in the course of export of these goods out of the Territory of India within .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

did not obtain such exemption from payment of sales tax. This would mean that the Revenue has accepted the fact that the sale of 'printed cartons' by the appellants to the said customers was a sale in the course of export of the goods out of India. The above rule contemplated export of the goods by the purchaser. By no stretch of imagination can it be said that the above rule contemplated retention of possession of the goods by the dealer (appellants in the present case) for its direct e .....

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 3-1-2005) certified as under :- "Certified that the goods the Particulars whereof have been specified in items (1) and (2) of the Schedule below supplied in pursuance of my/our Purchase Order No. (ANNEXURE ENCLOSED) Purchased from you as per bill/cash memo/Challan No. (ANNEXURE ENCLOSED) dated (ANNEXURE ENCLOSED) for ₹ 88,64,004.15 have been utilized by me/us in the packing of the goods exported by me/us outside the territory of India, as per the details given in item (3) to (6) 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

ing exports which were required to be mentioned in the Schedule to each certificate were furnished in a tabular statement annexed to the document. Such a document was liable to be accepted as proof of export by the appellants' customer, of the cartons supplied by the appellants. It would not cease to be proof of export by mere reason of the fact that the exportation was done by the customer from his own premises and not directly from the appellants' factory. Therefore, we are of the view .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

customers. We find that, in the case of M/s. Radhey Paper Udyog (supra), there was an identical factual situation. In that case, corrugated boxes supplied by the said party (SSI unit) were used by their buyer for packing shoes, which were exported. The Tribunal held that such clearances of corrugated boxes by the SSI unit were not to be included in the aggregate value of clearances by the unit for the purpose of claiming the benefit of SSI exemption. The Revenue has no case that the Tribunals 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

was accepted as proof of export and it was provided that, in case clearances from SSI unit for home consumption plus clearance for export, where proof of export was not furnished within 6 months, exceeded exemption limit, they should take Central Excise registration and follow the regular A.R. 4/A.R. 5 procedure. Where proof of export was furnished within 6 months, the clearances made for export were not to be added to clearances for home consumption. Circular No. 648/39/2002-CX. [reported in 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

exempted unit for a given financial year if it has enjoyed SSI exemption in the previous year. If, by excluding the clearances made by such a unit for export from the computation of aggregate value of clearances in a given financial year, it is within exemption limits, it is an exempted unit. In this sense, the appellants remained an exempted unit, thereby satisfying the first condition proposed by SDR. Circular No. 648/39/2002-CX. specifically refers to goods manufactured and cleared by SSI uni .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

wn goods for export cannot be called manufacturer-exporters insofar as the cartons are concerned. They can only be called 'merchant-exporters' of the cartons. Thus both the conditions proposed by learned SDR were satisfied by the appellants. Hence, by ld. SDRs yardstick also, the appellants must be held to have established their case for acceptance of Form-H certificates as proof of export in respect of the "printed cartons" supplied by them to M/s. A.V. Thomas Co. and other si .....

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