India: Indirect Tax Newsletter April 1, 2013

Last Updated: 12 April 2013
Article by Amit Kapur

Customs

Notification No. 17/2013-Cus. dated March 26, 2013

Amends Notification No. 69/2011-Cus. dated July 29, 2011 to reduce basic customs duty on import of specified goods from Japan.

Notification No. 18/2013-Cus. dated March 26, 2013

Exemption to import of pulses from payment of custom duties extended upto April 1, 2014.

CENTRAL EXCISE, SERVICE TAX, VAT & GST Central Excise

Ambuja Cements Ltd. Vs. CCE [2013-TIOL- 466-CESTAT-MUM]

The Tribunal observed that captive power plants and manufacturing units are treatable as integrated units. Therefore, assessee is prima-facie entitled to take Cenvat credit of duty paid on inputs/ capital goods and input services received in captive power plant for manufacture of electricity which is further used in the manufacture of cement which is cleared on payment of duty. Accordingly, pre-deposit of duty, interest and penalty is waived.

LSR Speciality Oils Pvt. Ltd. Vs. CCE [2013- TIOL-491-CESTAT-MUM]

The Tribunal held that as per explanation to Rule 2(k) of the Cenvat Credit Rules, 2004 ("the Credit Rules") storage tanks have been specified as capital goods and, therefore, inputs such as M.S. angle and H.R. Sheet which are used in manufacture of storage tank are also eligible for Cenvat credit.

Cenvat credit

Oil & Natural Gas Corporation Ltd. Vs. CCE [2013-VIL-26-BOM]

The High Court of Bombay held that expression "directly or indirectly" employed in definition of 'input service' with regard to use of input service in or in relation to manufacture of final products has a very wide import. Accordingly, Cenvat credit of input service used by ONGC Mumbai Offshore in manufacture of crude oil which is exempted goods would be available as crude oil is subjected to further process of manufacture at Uran plant of ONGC for production of dutiable final products. Production of these dutiable products is possible only on continuous supply of crude oil. However, as ONGC manufactures both dutiable and exempted goods, it would be required to comply with Rule 6 of the Credit Rules and would be entitled to take Cenvat credit only on that quantity of input service which is used in manufacture of dutiable products.

CCE Vs. Paras Motors Mfg. Co. [2013-TIOL- 525-CESTAT-AHM]

Relying on judgment of High Court of Ahmadabad in CCE Vs. Cadila Healthcare Ltd. [2013-TIOL-12-HC-AHM-ST] wherein it has been ruled that service of various agents cannot be stated to be a service used directly or indirectly in or in relation to manufacture of final products or clearance of final products from place of removal, the Tribunal held that Cenvat credit of service tax paid on commission paid to commission agents is not admissible.

CCE Vs. Gujarat Flurochemicals Ltd. [2013- TIOL-508-CESTAT-AHM]

The Tribunal held that assessee is eligible to avail Cenvat credit of service tax paid on services rendered by insurance company on group insurance taken by assessee for employees.

Service Tax

Ultratech Cement Ltd. Vs. CCE [2013-TIOL- 529-CESTAT-MUM]

The Tribunal held that work order given by assessee to transporters clearly indicates that it is for loading and transportation of clinkers and rate for transportation is far higher than that for loading. In transportation, loading and unloading is incidental and, therefore, predominant and essential nature of service is transportation and not 'Cargo Handling'. Therefore assessee should have discharged service tax liability on GTA service availed by it.

VAT / GST

The Commissioner, Commercial Tax Vs. S/s U.P Petrochemicals Complex [2013-VIL-24- ALH]

The dispute before High Court of Allahabad was whether refund of amount which was not deposited by dealer himself but by his agent with return is permissible under Section 42(4) of the Uttar Pradesh Value Added Tax Act, 2008 ("the UP VAT Act"). High Court observed that for the purpose of Section 42(4) of the UP VAT Act payment of tax is relevant and not by whom it is actually paid or deposited. Accordingly, it has been held that if net tax has been deposited on behalf of industrial unit that has been granted exemption under the Utter Pradesh Trade Tax Act, 1948 or the Central Sales Tax Act, 1956, refund of the same is admissible.

Notification No. F.7(433)/Policy- II/VAT/2012/1349-1359 dated March 21, 2013

The Commissioner, Department of Trade & Taxes, Government of NCT of Delhi has notified that for dealers having Gross Turnover of more than or equal to Rs. 10 crores (except dealers dealing in tax free goods), Form T -2 shall come into force with effect from April 1, 2013.

Notification dated March 14, 2013, Commercial Taxes Department, Government of Bihar

The Commissioner, Commercial Taxes Department, Government of Bihar has notified that rate of Central Sales Tax shall be one percent on sale of such products made in the course of inter-State trade or commerce which are manufactured by micro, small and medium industries registered by the industries department.

GST to be introduced by 2014: Parthasarathi Shome

Parthasarathi Shome, Advisor to Union Finance Minister said that he was hopeful that GST would be introduced by 2014.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Similar Articles
Relevancy Powered by MondaqAI
JSA Advocates & Solicitors
 
In association with
Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
JSA Advocates & Solicitors
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions