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Cenvat credit available on towers and shelters used for telecom service

15th November

Delhi High Court has recently allowed Cenvat credit on towers, shelters and parts thereof used for providing telecommunication services. The Court in this regard distinguished its judgement from the various judgments of the Bombay High Court.

Not an immovable property

Rejecting Revenue ...

In-bond manufacturing – CBIC consolidates forms and clarifies procedures

22nd October

CBIC has updated procedure for seeking permission for in-bond manufacturing and for maintaining various records. An elaborate Circular No. 38/2018-Cus., dated 18-10-2018 issued for the purpose also prescribes various forms for this purpose and clarifies on duty liability on removal of processed goods from such warehouse.

Art. 12 and 14 of Indo-German and Indo-Swiss DTAAs – Beneficial Article to apply

8th October

The assessee, an Indian company, was making payments to a German individual resident which according to the Revenue fell under the category of ‘Fees for technical services’ as per Section 9(1)(vii) of the Income Tax Act and Article 12 of the Indo-German DTAA and thus, the assessee was under obligation to deduct tax at source as per...

GST (Compensation to States) Act, 2017 is constitutionally valid

5th October

GST (Compensation to States) Act, 2017 and the Rules framed thereunder are constitutionally valid. The Act has been held as not beyond legislative competence of Parliament, as not transgressing the Constitution (101st Amendment) Act and not a colourable legislation.

The court in this regard observed that when Constitution provis...

Anti-dumping duty – DA’s termination order appealable before CESTAT

1st October

Appeal can be filed before CESTAT under Section 9C of the Customs Tariff Act, 1975 in a case where Designated Authority proposes non-imposition of anti-dumping duty.

Delhi High Court in Jindal Poly Film v. Designated Authority in this regard noted that negative final finding order or termination order is determinative, ...

GSTR-1, GSTR-3B and GST TRAN-1 – New due dates notified

Form GSTR-1 for the months of July 2017 till September 2018 can now be filed till 31st of October 2018, both by persons having turnover up to Rs.1.5 crore and more (with certain exceptions). Ministry of Finance has in this regard launched a one-time scheme to waive off late fee payable for delayed furnishing of FORM GSTR-1 for the said period. The Press Release issued for the purpose no...

Transfer pricing - Functional comparability for computing ALP under TNMM

20th August

Delhi High Court has upheld the ITAT decision which in turn had upheld the exclusion of comparables observing that the nature of services provided by assessee under R&I segment were in nature of Knowledge Processing Outsourcing (KPO) and not of Business Processing Outsourcing (BPO), which is functionally dissimilar from some of assessee&rs...

GST rate on various products and services clarified

13th August

CBIC has issued an elaborate circular to clarify on rate of GST on various products, namely, fortified toned milk, refined beet and cane sugar, tamarind kernel powder (modified & un-modified form), drinking water, plasma products, wipes using spun lace non-woven fabric, real zari kasab (thread), marine engine, quilt and comforter, and disc...

SCOMET - Amendments in Appendix 3, procedural relaxations and export authorisations

26th July

The Central Government has made a total of 139 amendments in Appendix 3 to Schedule-2 of ITC (HS) Classifications of Export and Import Items, 2018. Notification No. 17/2015-2020, dated 3-7-2018 has been issued for the purpose.

These amendments have been made to align India’s SCOMET list with the amendments made to Wassenaar ...

CGST and IGST provisions set to be amended

23rd July 2018

Goods and Services Tax Council has, on 21-7-2018, in its 28th meeting approved draft amendments to CGST Act, IGST Act and GST (Compensation to States) Act. These amendments need to be passed by Parliament and State legislatures. Some of the amendments recommended by GST Council are:

High sea sales and s...

India set to increase Customs duty on certain products from USA

21st of June

India will from 4th of August increase Basic Customs Duty (BCD) on certain products originating from the United States of America. According to Notification Nos. 48 and 49/2018-Cus. issued yesterday (20-6-2018), goods falling under Chapter 05 (Artemia), 07 (edible vegetables and certain roots and tubers), 08 (edible fruits and nuts), 28 (inor...

Pre-deposit for second appeal includes deposits made for first appeal

4 June, 2018

Delhi High Court has on 31st of May 2018 held that for filing second appeal before the CESTAT, the assessee is required to deposit 10% of amount of duty/penalty as confirmed by the first appellate authority which is inclusive of 7.5% pre-deposit made for the first appeal. The High Court in this regard was of the view that earlier deposit (for the f...

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