India: Indirect Tax Newsletter – June 2015



  • The Central Government (CG) has extended levy of anti-dumping duty on Polytetrafluoroethylene (PTFE) falling under tariff item 3904 61 00 of the First Schedule to the Customs Tariff Act, 1975 originating in, or exported from, Russia until 2 May 2016.

    (Ref: Notification No 17/2015-Cus (ADD) dated 1 May 2015)
  • The CG has extended levy of anti-dumping duty on Morpholine falling under tariff item 2933 39 17 of the First Schedule to the Customs Tariff Act, 1975 originating in, or exported from, the People's Republic of China and the European Union for a further period until 19 September 2016.

    (Ref: Notification No 18/2015-Cus (ADD) dated 18 May 2015)
  • The CG has levied anti-dumping duty on Sodium Citrate falling under Chapter 29 of the First Schedule to the Customs Tariff Act, 1975 originating in, or exported from, the People's Republic of China for a period of five years from 20 May 2015 onwards.

    (Ref: Notification No 19/2015-Cus (ADD) dated 20 May 2015)
  • The CG has levied anti-dumping duty on Pentaerythritol falling under Chapter 29 of the First Schedule to the Customs Tariff Act, 1975 originating in, or exported from, Russia for a period of five years from 22 May 2015 onwards.

    (Ref: Notification No 20/2015-Cus (ADD) dated 22 May 2015)
  • The CG has levied anti-dumping duty on Cast Aluminium Alloy Wheels or Alloy Road Wheels of a size in diameters ranging from 12 inches to 24 inches used in motor vehicles falling under Chapter heading 8708 of the First Schedule to the Customs Tariff Act, 1975 originating in, or exported from, the People's Republic of China, Korea RP and Thailand for a period of five years from the date imposition of provisional anti-dumping duty from 11 April 2014 onwards.

    (Ref: Notification No 21/2015-Cus (ADD) dated 22 May 2015)
  • The CG has levied anti-dumping duty on USB Flash Drives falling under Chapter 84 and 85 of the First Schedule to the Customs Tariff Act, 1975 originating in, or exported from, the People's Republic of China and Chinese Taipei for a period of five years from 22 May 2015 onwards.

    (Ref: Notification No 22/2015-Cus (ADD) dated 22 May 2015)
  • The CG has levied anti-dumping duty on Purified Terephthalic Acid including its variants- Medium Quality Terephthalic Acid (MTA) and Quality Terephthalic Acid (QTA) falling under tariff item 29173600 of the First Schedule to the Customs Tariff Act, 1975 originating in, or exported from, the People's Republic of China, the European Union, Korea RP and Thailand for a period of five years from the date imposition of provisional anti-dumping duty from 25 July 2014 onwards.

    (Ref: Notification No 23/2015-Cus (ADD) dated 27 May 2015)

Central Excise

  • The CG, in exercise of its powers, had issued notification amending the CENVAT Credit Rules, 2004 (CCR). A proviso to sub-rule (7) clause (b) of Rule 3 of CCR has been inserted to permit utilisation of credit of Education Cess and Secondary and Higher Education Cess paid on inputs or capital goods received in the factory of manufacture of final product or input services on or after 1 March, 2015 for payment of duty of excise leviable under First Schedule to the Central Excise Tariff Act, 1985.

    (Ref: Notification No 12/2015-CE (N.T.) dated 30 April 2015)
  • The CG, in exercise of its powers, has amended the notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 6/2005 Waters. Consequently, exemption from additional duty of excise has been withdrawn on water including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured.

    (Ref: Notification No 29/2015-Central Excise dated 22 May 2015)
  • The CG has issued a clarification that dealer registration under excise is not mandatory for direct transport of goods from manufacturer or importer to consignee and CENVAT credit can be availed on the basis of the original invoice issued by the manufacturer or registered importer.

    (Ref: Circular No. 1003/10/2015-CX dated 5 May 2015)

Service tax

  • Service tax rate has been increased from 12.36% (including Education cesses) to 14% with effect from 1 June 2015.

    (Ref: Notification No 14/2015 – ST dated 19 May 2015)

Value Added Tax (VAT)

  • The Government of Gujarat has amended the Gujarat Value Added Tax Rules, 2006, providing for, inter alia, benefits to any sick industrial unit registered by the Board for Industrial & Financial Reconstruction, subject to conditions mentioned in G.R. of the Industries and Mines Department No. MIS-102012- 593970-I dated 8 July 2013.

    (Ref: Notification No. (GHN-17) VAR-2015(36) / TH dated 18 May 2015)
  • The Government of Himachal Pradesh has specified a FORM VAT – XV for filing returns electronically, as opposed to the earlier FORM-I.

    (Ref: Notification No. EXN-F(10)-8/2013-Loose dated 15 May 2015)
  • The Government of Rajasthan has notified the procedure for early processing of refund of excess of input tax over output tax to dealers whose turnover of interstate sales in the previous year was more than 50% of total turnover. The said notification allows for disbursement of such refund claims within a period of 30 days from the filing of the application specified therein.

    (Ref: Notification No. F.16(1110)VAT/CCT/13-14/Pt./1698 dated 12 May 2015)
  • The Government of Telangana has amended Schedule – IV (list of goods taxable @ 5%) to include auto–components sold to automobile manufacturing units located within the state.

    (Ref: Notification No. G.O. MS. No. 50 dated 06 May 2015)
  • The Government of Uttarakhand has extended the operation of Notification No. 786/2011/74(120)/XXVII (8)/05 dated 18 July 2011 up to 31 March 2016 or the date of introduction of Good and Services Tax (GST), whichever is earlier. The notification dated 18 July 2011 provided for exemption to information technology goods. Further, "mobile handsets" has also been included in the list of information technology goods by this extension.

    (Ref: Notification No. 383/2015/74 (120)/ XXVII(8)/05 dated 02 May 2015)
  • The Government of Maharashtra had notified the provisions of the Maharashtra Tax Laws (Levy, Amendment and Validation) Act, 2015 in March 2015 (amendments). For ease of reference, recently a circular has been issued capturing various amendments along with the effective date for each of such amendments.

    (Ref: MVAT Trade Circular 6T of 2015 dated 14 May 2015)
  • The Government of Maharashtra has further simplified the procedure required for registration under the Maharashtra Value Added Tax Act, 2002 and the Central Sales Tax Act, 1956. The erstwhile procedure required the assessee to appear before the registering authority for verification. Under the revised procedure, the assessee is no longer required to appear before the registering authority. All the documents required for registration are now allowed to be uploaded electronically. The requirement for physical submission and verification has been done away with. Further, the assessee now has an option of paying the fees through e-payment also.

    (Ref: Circular No. 5T of 2015 dated 06 May 2015 read with Circular No. 7T of 2015 dated 19 May 2015)
  • The Government of Andhra Pradesh has mandated a system for declaration of goods being transported. With effect from 1 May 2015, the transporter shall ensure that all incoming or outgoing goods are covered by eWaybills. Manual CST Waybills are not permitted henceforth.

    (Ref: Circular No. CCT's Ref.No.Enft/E3/455/2015 dated 05 May 2015)
  • The Government of Andhra Pradesh has issued instructions on apportionment of excess net credit carried forward (NCCF) by registered dealers in view of the reorganization of the states of Andhra Pradesh and Telangana. The salient points are as follows:

    • In respect of the NCCF relating to dealers registered in both states, who were originally registered in Telangana, but have taken registration in Andhra Pradesh also after bifurcation, should be allowed to avail the credit carry forward in Telangana only.
    • The dealers who were originally registered in the Andhra Pradesh, but have taken registration in the Telangana also after bifurcation, should be allowed to avail the credit carry forward in the State of Andhra Pradesh only.
    • In respect of dealers migrating from one state to the other, NCCF may be claimed in the state to which they have migrated, after the appointed day.
    (Ref: Circular No. CCT's Ref. No. AI(1)/12/2014 dated 12 May 2015)
  • The Government of Kerala has extended the last date for filing option for the payment of compounded tax under Section 7 of Kerala General Sales Tax Act, 1963 and Section 8 of Kerala Value Added Tax Act, 2003 for the year 2015-16 to 05 June 2015. Similarly, the last date for filing application for renewal of registration under these statutes for the year 2015-16 has been extended till 20 May 2015.

    (Ref: Circular No. C1-14518/15/CT dated 15 May 2015)
  • The Government of Rajasthan has notified the procedure for amendment of details of the dealer. The procedure requires for submission of an online application to amend dealer details. Further, only in cases of change of (i) principal place of business (ii) bank details; (iii) business manager; (iv) particulars of the partners/directors; (v) surety/security details; (vi) constitution of the firm without dissolution; (vii) opening of a new place of business; and (vii) acquisition of any business, sale or disposal of the business in part, the dealer making application for amendment is required to submit supporting documents/proof to the competent authority within a period of 10 days. In all other cases, no physical submission of supporting documents is required.

    (Ref: Circular No. 01/2015-16 dated 28 May 2015)



  • The Supreme Court (SC) has held that the principle of 'unjust enrichment' will not apply to the refund of a deposit made at the time of redeeming seized goods. The SC held that the said deposit is made as condition of release of confiscated goods and is not a form of duty levied onto the goods at the time of importation. The SC further held that in the present case, the deposit was made pursuant to an interim order of the High Court of Bombay was not 'customs duty'; the appellant is a bona fide purchaser and only got involved subsequent to seizure of purchased goods for alleged undervaluation. Considering the CESTAT's order that no additional customs duty or penalty is payable absent evidence of under-invoicing, the SC held that the appellant is entitled to refund of entire amount with interest @ 13% p.a. The SC placed reliance on CBEC Circular dated 2 January 2002 which clarifies that 'unjust enrichment' principle inapplicable to refund of pre-deposit.

    (Ref: Commissioner of Customs (Import) Raigad & Another vs. Finacord Chemicals (P) Ltd & Others, TS-176-SC-2015-CUST)
  • The Mumbai CESTAT (Mumbai CESTAT) held that royalty paid to its associate companies under Trade Mark License Agreement is not included in the assessable value of imported goods for custom duty. The value of the imported goods is determined in terms of Rule 10(1)(c) of the Customs Valuation Rules, 2007 (the Valuation Rules). The Mumbai CESTAT observed that for inclusion of royalty amount in the assessable value, two conditions under Rule 10(1)(c) must be satisfied which are: (i) royalty is relatable to imported goods; and (ii) royalty is paid as condition of sale of imported goods. Further, the Mumbai CESTAT held that the royalty was not related to the imported raw material, although royalty was related to the finished goods. It observed that only because imported raw materials were contained in the finished goods, it cannot be argued that royalty is related to the imported raw materials (goods). On the above grounds, Mumbai CESTAT allowed the appeal in favour of the assessee.

    (Ref: Sandvik Asia Pvt. Ltd. vs. Commissioner of Customs (Import), Mumbai TS- 167-CESTAT-2015 (Mum)-CUST)
  • The CESTAT Delhi (Delhi CESTAT) affirmed the appellant's view that no duty was payable on spare parts imported to replace damaged parts of machinery even though they were capitalised as part of 'capital goods'. An issue was raised by excise authorities when in principle approval for EOU debonding was granted to the appellant. The Revenue Department alleged that when an assessee capitalizes spare parts, there is double enrichment in the form of depreciation as well as customs duty exemption. The Delhi CESTAT observed that once spare parts are used for replacement of old and worn out machinery parts, they become part of machinery and lose their separate identity; hence, use of spare parts would not increase the value of machinery. The Delhi CESTAT held that at the time of debonding, duty is payable on value of duty free raw material and on depreciated value of imported/indigenous capital goods and that capital goods value cannot be enhanced by value of spare parts used from time to time used replacing old parts.

    (Ref: Century Yarn vs. CCE and ST Indore, TS-189-CESTAT-2015(DEL)-CUST)
  • The CESTAT Kolkata (Kolkata CESTAT) held that benefit of project import would be available where a contract is registered post importation of goods but before clearance from warehouse for home consumption. The Revenue Department contended that the mandatory conditions of Regulations 4 & 5 of Project Import Regulation, 1986 (PIR) were not met since goods were imported prior to registration of contract, and that classification declared at the time of warehousing (by filing into-bond Bills of Entry) could not be altered during clearance for home consumption. The Kolkata CESTAT held that on a reading of the erstwhile provisions of PIR vis-a-vis current provisions, it is clear that a contract should be registered before clearance of imported goods for home consumption. The Kolkata CESTAT observed that clearance of goods for home consumption as mentioned in Regulation (4) of PIR cannot be construed as crossing of the Indian territorial waters and depositing it in the warehouse. Clearance for home consumption here would mean removing the goods from bonded warehouse so as to mix with the mass of goods in India. Accordingly, the appeal was allowed in favour of assessee.

    (Ref: Essar Projects India Ltd. v Commissioner of Customs (Port), Kolkata, TS- 201-CESTAT-2015(Kol)-CUST)

Service tax

  • The Mumbai CESTAT has allowed refund of input service tax credit against export of services even though receipt of consideration was in Indian Rupees (INR). Placing reliance on the relevant regulations issued under Foreign Exchange Management Act, 1999, the Mumbai CESTAT held that receipt of payment in INR from the account of bank situated in any country outside India is a manner of receipt of foreign exchange. Hence, in the present case, wherein the concerned bank issued Foreign Inward Remittance Certificate (FIRC) with specific certification that payment received are in convertible rupees, it would tantamount to receipt of consideration in convertible foreign exchange.

    (Ref: Sun-Area Real Estate Private Limited v. Commissioner of Service Tax, Mumbai-I)


  • The Bombay High Court (Bom HC) has upheld the validity of Notification No. 1513 CR-147 Taxation-1 dated 29 January 2014 and the ensuing Trade Circulars 7T of 2014 dated 21 February 2014 and 12 of 2014 dated 17 April 2014 (amendment). Vide this amendment, provisions of Rule 58 of the Maharashtra Value Added Tax Rules, 2005 (MVAT Rules) were amended to provide for determination of sale price of goods in works contract or construction contracts after permissible percentage deductions, depending on the stage when the developer enters into the contract with the purchaser. The Bom HC perused the entire history of the litigation and held that there is a fine distinction between the "levy of tax" and the "measure of tax." The Bom HC held that the value provided for through the amendment is only a "measure of tax" and the legislature has the latitude to adopt any basis for determining the value of an article for the purpose of assessment of VAT. The Bom HC held that once there is a statutory provision for charging tax, it is open to the delegate to prescribe the formula on which such levy will take place, as it is based on the principle of uniformity, as it has been done for Rule 58 of the MVAT Rules.

    (Ref: Confederation of Real Estate Developers Association of India vs State of Maharashtra, TS-194-HC-2015(BOM)-VAT)
  • The Karnataka High Court (Kar HC) has held that the assessee is not liable to penalty under Section 72 of the Karnataka Value Added Tax Act, 2003 (KVAT), when the assessee voluntarily filed a revised return and paid tax along with interest. In this case, the assessee was not able to ascertain the turnover on account of software issues at the head office. In order to comply with the prescribed statutory period for filing a return, the assessee filed a NIL return. Subsequently, upon determination of the correct turnover, the assessee filed a revised return and paid the dues along with interest. The Revenue Department pressed into action Section 72(2) of the KVAT, which provides for a penalty where the tax liability in the return is understated by an extent of 5% or more. The Kar HC observed that once a revised return filed by the assessee has been accepted by the Department, it completely obliterates the earlier return. The Kar HC held that provisions of Section 72(2) of the KVAT, would only apply to the revised return, and not the NIL return originally filed. Since in the revised return there was no understatement of taxes due, the assessee was not liable to penalty.

    (Ref: Indus Towers Ltd. vs State of Karnataka, TS-173-HC-2015(Kar)-VAT)
  • The Supreme Court (SC) has held that the Revenue Department can go back from a settlement entered into with an assessee on the basis of which the assessee has already discharged tax dues. The assessee (partner in a firm) in this case entered into litigation with the department on account of certain assessments. While the matter was sub judice before the Appellate Tribunal, the assessee wrote a letter to the state finance minister for settlement of the tax dues of the partnership firm. This letter was duly accepted, and on this basis, the concerned authority issued another letter to the assessee quantifying the total dues payable. The Revenue Department challenged this settlement stating it to be illegal. The SC took note of Section 18 and 45 of the Bombay Sales Tax Act, and concluded that there is no provision in the law allowing for such a settlement with an individual partner in respect of dues payable by the firm. The SC further held that there is provision for equity in a taxing statute, and the same must be given a literal interpretation. In the absence of a provision allowing for settlement, the SC held that the Revenue Department is entitled to proceed against the assessee for dues payable.

    (Ref: Pradip Nanjee Gala vs Sales Tax Officer,TS-168-SC-2015-VAT)

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