Staying Updated Customs, FTP and WTO newsletter

Similar documents
Staying Updated Customs, FTP and WTO newsletter

Staying Updated Customs, FTP and WTO newsletter

Staying Updated Customs, FTP and WTO newsletter

Staying Updated Customs, FTP and WTO newsletter

Staying Updated Customs, FTP and WTO newsletter

Staying Updated Customs, FTP and WTO newsletter

Staying Updated Customs, FTP and WTO newsletter

Staying Updated. Customs, FTP & WTO Newsletter. March Volume 15 Issue 12. In the Issue

Staying Updated Customs, FTP and WTO newsletter

Staying Updated Customs, FTP and WTO newsletter

Staying Updated Indirect tax newsletter

Staying Updated Customs, FTP and WTO newsletter

Staying Updated Indirect tax newsletter

Staying Updated Indirect tax newsletter

Staying Updated Indirect tax newsletter

Staying Updated Indirect tax newsletter

Staying Updated Indirect tax newsletter

Staying Updated Customs, FTP and WTO newsletter

Staying Updated Indirect tax newsletter

Staying Updated Indirect tax newsletter

Staying Updated Indirect tax newsletter

Customs, FTP & WTO Newsletter

Staying Updated Indirect tax newsletter

Staying Updated Customs, FTP and WTO newsletter

Staying Updated Indirect Tax Newsletter

Staying Updated Customs, FTP and WTO newsletter

Staying Updated Indirect Tax Newsletter

Staying Updated Indirect tax newsletter

Categorisation of mutual fund schemes

EY Tax Alert. Executive summary

Staying Updated Indirect Tax Newsletter

GST Council releases draft amendments to GST Laws for public comments

APA roll back rules announced

Indirect Tax Newsletter

INDIRECT TAX UPDATES RSA Legal Solutions 11 th August 2017

Tackling the unknown Insider trading compliance

Staying Updated Indirect Tax Newsletter

2015 (1) TMI CESTAT NEW DELHI

2011-TIOL-443-HC-MAD-CUS IN THE HIGH COURT OF MADRAS. C.M.A.No.3727 of 2004, W.P of 2011 and W.P of 1998 and CMP.No.

HC denies refund of SAD paid on import of coil sheets sold after corrugation as proflex roof

EY Tax Alert. Executive summary

The manufacturer or the service provider may procure the inputs or capital goods with the intention of using the same

REFUND UNDER SERVICE TAX

Financial Resolution and Deposit Insurance Bill, 2017: Key highlights

PwC s Insurance Insights. Analysis of regulatory changes and impact assessment for March 2018

Fast-tracking UK-India ties

The applicant was to design the curtain wall and façade, supply all materials, erect, install, inspect, test and commission the entire subcontract

THE POWER OF BEING UNDERSTOOD

Taiwan Business Group Working together to strengthen your business

Tribunal decides on taxability of conversion of company into an LLP

Paper-11 Indirect Taxation

Sharing insights. News Alert 13 February Revisionary powers available to CIT invalid where AO adopts either perfectly correct or a possible view

PKMG LAW CHAMBERS. ADVOCATES AND SOLICITORS INDIRECT TAX LAW REPORT ADVISER. Mr. Pradeep K. Mittal. B.Com., LL.B.

Chapter 6. Customs Valuation

Business support/marketing support activities undertaken by Indian subsidiary do not create a PE in India for the foreign company

Sharing insights. News Alert 28 February TPO not justified in recalculating royalty based on his own interpretation of term, Net Sales.

CBIC issues notifications and orders to give effect to the decisions taken in 31st GST Council meeting and issues clarificatory circulars

INTRODUCTION TO CUSTOMS DUTY TYPE OF CUSTOM DUTIES

PwC ReportingInBrief MAT Ind AS committee additional recommendations on main issues relating to first-time adoption

Interim Budget Highlights and boosters

Government notifies valuation rules and timelines for one-time compliance window under Black Money Taxation Act

Central KYC What it means for investors and institutions November 2017

Use of Berry ratio as PLI upheld

Mere presence of a subsidiary and virtual projection of the enterprise in India, absent other relevant factors No PE in India

Sharing insights. News Alert 1 July CBDT issues revised guidance on contract R&D centres. Background.

Analyse. Quantify. Resolve. Dispute Advisory Services

WELCOME TO NATIONAL CMA PRACTITIONERS ON DELIBERATIONS ON CMA PRACTICE - EMERGING SCENARIO NEW DIMENSIONS IN INDIRECT PRACTICE

P2P lending guidelines A step towards sustainable alternative lending

EY Tax Alert. Executive summary

IMPORTS UNDER GST. Duty Calculation:

VERENDRA KALRA & CO INDIRECT TAX REVIEW MARCH 2016 CUSTOMS EXCISE SERVICE TAX VALUE ADDED TAX. Inside this edition. Like always, Like never before

EY Tax Alert. Executive summary

EMS Technologies Pvt Ltd Vs CC & CE (Dated: September 28, 2016)

Tribunal Special Bench rules on principle of base erosion

Joint Venture and Shareholder Dispute Advisory Services

EY Tax Alert. Executive summary

Sharing insights. News Alert 22 April Use of hotel rooms for the purpose of business could result in a permanent establishment. In brief.

Government issues another set of FAQs on one time compliance window scheme of The Black Money Taxation Act, 2015

PwC ReportingInBrief. Payment of Gratuity (Amendment) Act, 2018

PwC s Insurance Insights. Analysis of regulatory changes and impact assessment, July 2018

Customs Valuation. Valuation of Imported/Export Goods where no Tariff Values fixed:

PwC s Insurance Insights. Analysis of regulatory changes and impact assessment for April 2018

Indirect Tax Newsletter

Investigate. Analyse. Resolve. Dispute Advisory and Law Channel Services

Indirect Tax News Update

EY Tax Alert. Executive summary

General Anti- Avoidance Rules notification October 2013

20 th A U G U S T 2018

JULY INDIRECT TAX LAW REPORT PATRON ADVISER ADVISER

Analyse. Quantify. Resolve. Dispute Advisory Services

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CUSTOMS ACT, 1962 RESERVED ON: PRONOUNCED ON: CUSAA 3/2014 & C.M. No.

Tax Insights. from India Tax & Regulatory Services. In brief. In detail. October 31, 2017

PwC ReportingInBrief. Amendments to Ind AS 20, Accounting for Government Grants and Disclosure of Government Assistance

Corporate Treasury Vol. 2 Sources of funds: A treasurer s conundrum

[2016] CESTAT) CESTAT, MUMBAI BENCH

Central Government issues notification for implementation of POEM based taxation for foreign companies

Final notifications issued under section 115JG(1) for conversion of Indian branch of foreign bank into an Indian subsidiary company

GST Council relaxes compliance requirements for small and medium enterprises and gives relief to the exporters

Notifications / Circulars / Clarifications 1 2. Recent Case Laws 3 7. The Central Government has:

EY Tax Alert. Executive summary

Transcription:

Staying Updated, FTP and WTO newsletter January 2015: Volume 17 Issue 10 In the issue In the issue Notifications and circulars The Central Government has extended the benefit of exemption from filing of Bank Guarantee in respect of Advance License/ EPCG schemes, even where the importer has been penalised Classification Optical fibre cables which are not made up of individually sheathed fibres, held to merit classification under CTH 9001 and not under CTH 8544 Valuation When re-determining value of imported goods on the basis of contemporaneous imports, adjustments have to be made for quantity difference Others Mens rea held not required as a condition precedent for levying personal penalty under section 112 (a) of the Act, 1962 Foreign trade policy Notifications and circulars The Central Government has prohibited the import of GSM mobile handsets with duplicate or fake IMEI Goods supplied from DTA to contractors of SEZ units/ developers without payment of duty to be treated as export in view of the Special Economic Zone Act, 2005 and thus, all benefits given on export to be given on supplies to an SEZ levied on imports of all kinds of Synchronous Digital Hierarchy Transmission, originating in or exported from China PR and Israel, till 7 December, 2015 levied on imports of Melamine, originating in or exported from People s Republic of China, till 18 February, 2016

Notifications and circulars The Central Government has extended the benefit of exemption from filing of Bank Guarantee in respect of Advance License/ EPCG Schemes, even where the importer has been penalised during the previous three financial years, subject to satisfaction of the jurisdictional Commissioner of, regarding revenue s interest. (Circular No. 15/2014- dated 18 December, 2014) The Central Government, in order to simplify custom procedures, has provided an option to importers/ exporters for filing a combined commercial invoice-cum -packing list, provided the same contains the specified fields of normal packing list. (Circular No. 1/2015- dated 12 January, 2015) Classification In Reliance Communications Infrastructure Ltd v CC (2015-TIOL-177- CESTAT-MUM), the Mumbai Tribunal held that optical fibre cables which are not made of individually sheathed fibres, merited classification under tariff heading (CTH) 9001 which covered Optical fibre cables other than those of heading 8544 and not under CTH 8544 covering Optical fibre cables made up of individually sheathed fibres. In Darshan Singh and Co v CC (2015- TIOL-36-CESTAT-DEL), the Delhi Tribunal held that a wheel rim for harvester combines had to be classified under CTH 8433 90 00 of Tariff Act, 1975 and not under chapter 87, which covered wheel rims for commercial vehicles. The Tribunal further held that classification of past imports could not be changed on the basis of doubt due to current consignment. Valuation In CC v Buying Overseas (2015-TIOL- 146-CESTAT-MUM), the Mumbai Tribunal held that at the time of redetermining value of imported goods on the basis of contemporaneous imports, adjustments have to be made for quantity difference. In Can-Pack (India) Pvt Ltd v CC (2015- TIOL-158-CESTAT-MUM), the Mumbai Tribunal held that lumpsum payment of royalty with respect to the usage of trade mark and transfer of technical knowhow could not be added to the value of the imported raw material, so long as the agreements did not stipulate any condition with regard to the source of procurement of raw materials from a specified foreign supplier or related party. 2 January 2015 - Volume 17 Issue 10

Others In the issue In Bhatia Global Trading Ltd and Others v CC (2014-TIOL-2637- CESTAT-Mum), the Mumbai Tribunal held that effective from 6 August, 2014, the Tribunal was barred from entertaining any appeal unless the predeposit as mentioned in the amended section 129E of the Act, 1962 was made. In Shri Vinod Agarwal and Others v CC (2014-TIOL-133-CESTAT-KOL), the Kolkata Tribunal held that mens rea was not required as a condition precedent for levying personal penalty under section 112 (a) of the Act, 1962. In Standard Conduits Pvt Ltd v CC (2015-TIOL-200-CESTAT-MUM), the Mumbai Tribunal held that refund of SAD in terms of Notification No. 102/2007, dated 14 September, 2007, could not be rejected merely on the ground that at the time of filing of refund claim, the appellant had not discharged VAT liability, even though VAT liability was discharged subsequently within the specified period. Once the appellant had complied with all the substantive conditions, rejection of refund claim on technical grounds was not sustainable in law. 3 January 2015 - Volume 17 Issue 10

Foreign trade policy Notifications The Central Government has prohibited the import of GSM mobile handsets with duplicate International Mobile Station Equipment Identity (IMEI) or fake IMEI and CDMA mobile handsets with duplicate Electronic Serial Number (ESN)/Mobile Equipment Identifier (MEID) or fake ESN/MEID. (Notification No. 107(RE-2013)/2009-14 dated 16 January, 2015) The Central Government has removed all the restrictions on import of GSM/ CDMA based vehicle tracking system having a valid IMEI/ ESN/MEID number. Now, no licence is required for such imports. (Notification No. 105(RE-2013)/2009-14 dated 1 January, 2015) In Ultratech Cement Ltd v CCE (2015 (315) ELT 238), the Mumbai Tribunal held that goods supplied from DTA to contractors of SEZ units/ developers without payment of duty had to be treated as export in view of the Special Economic Zone Act, 2005, read with rule 6(6)(i) of the CENVAT Credit Rules, 2004. The Kerala High Court, in GTN Textiles Limited v Union of India (2015 (315) ELT 191), held that the benefits under the Focus Market Scheme(FMS) could not be denied merely for the reason that Directors of exporter company held a substantial interest in some other company which had a liability towards Export Promotion Capital Goods Scheme (EPCG). In VVF Ltd v CCE (2015 (315) ELT 303), the Mumbai Tribunal held that the exemption of SAD was available on stock transfer of goods from EOU to DTA, in case there was no exemption from levy of VAT by the State government, as the condition of exemption notification was fulfilled. The Madras High Court in CC v Pattu Exports Pvt Ltd (2014-TIOL-2340-HC- MAD-CUS), held that in case of failure to fulfil export obligation under erstwhile Duty Exemption Entitlement Certificate Scheme (DEEC), penalty can be imposed even if the payment of duty and interest is made by the assessee on non-fulfilment of export obligation. In New Era Fabric Ltd v CCE (2015 (315) ELT 225), the Mumbai Tribunal held that on clearance of capital goods from EOU, duty was payable on the depreciated value in case such capital goods were once installed and put to use by the unit. 4 January 2015 - Volume 17 Issue 10

The Delhi Tribunal, in Cheema Spintex Ltd v CC (2015 (315) ELT 140), held that the conversion of shipping bills from one export promotion scheme to another could not be denied if the exporter had given the intimation in time and such conversion was justified and fair. 5 January 2015 - Volume 17 Issue 10

Notifications The Central Government has extended the levy of anti-dumping duty on imports of all kinds of Synchronous Digital Hierarchy Transmission equipment, falling under CTH 8517 62 or 8517 70 of the Tariff Act, originating in or exported from China PR and Israel, upto 7 December, 2015. ( (ADD) Notification No. 01/2015 dated 5 January, 2015) The has imposed a safeguard duty on import of Sodium Citrate into India, falling under CTH 2918 15 20 of the Tariff Act, at the rates mentioned below from all countries other than developing countries, including China. The Central Government has extended the levy of anti-dumping duty on imports of melamine, falling under chapter 29 of the Tariff Act, originating in or exported from People s Republic of China, upto 18 February, 2016. ( (ADD) Notification No. 02/2015 dated 7 January, 2015) Period of Import 31 December, 2014 to 30 December, 2015 31 December, 2015 to 30 December, 2016 31 December, 2016 t0 3o December, 2017 Rate of Safeguard duty 30 % ad valorem 20 % ad valorem 10 % ad valorem (Notification No. 04/2014- (SG) dated 31 December, 2014) 6 January 2015 - Volume 17 Issue 10

CENVAT Service tax VAT/Entry tax/sales tax Delhi Vivek Mishra/Gautam Khattar Ph: +91 (124) 3306000 Mumbai Dharmesh Panchal/S Satish Ph: +91 (22) 6689 1000 Kolkata Gopal Agarwal Ph: +91 (33) 2357 9100/4404 6000 Bangalore Pramod Banthia Ph: +91 (80) 4079 6000 Hyderabad Ananthanarayanan S Ph: +91 (40) 4424 6363 Chennai Harisudhan M Ph: +91 (44) 4228 5000 Pune Nitin Vijaivergia Ph: +91 (20) 4100 4444 Ahmedabad Dharmesh Panchal/Niren Shethia Ph: +91 (22) 6689 1000 About PwC PwC* helps organisations and individuals create the value they re looking for. We are a network of firms in 157 countries with more than 195,000 people who are committed to delivering quality in assurance, tax and advisory services. PwC India refers to the network of PwC firms in India, having offices in: Ahmedabad, Bangalore, Chennai, Delhi NCR, Hyderabad, Kolkata, Mumbai and Pune. For more information about PwC India's service offerings, please visit www.pwc.in. *PwC refers to PwC India and may sometimes refer to the PwC network. Each member firm is a separate legal entity. Please see www.pwc.com/structure for further details. Tell us what matters to you and find out more by visiting us at www.pwc.in For private circulation only This publication does not constitute professional advice. The information in this publication has been obtained or derived from sources believed by PricewaterhouseCoopers Private Limited (PwCPL) to be reliable but PwCPL does not represent that this information is accurate or complete. Any opinions or estimates contained in this publication represent the judgment of PwCPL at this time and are subject to change without notice. Readers of this publication are advised to seek their own professional advice before taking any course of action or decision, for which they are entirely responsible, based on the contents of this publication. PwCPL neither accepts or assumes any responsibility or liability to any reader of this publication in respect of the information contained within it or for any decisions readers may take or decide not to or fail to take. 2015 PricewaterhouseCoopers Private Limited. All rights reserved. In this document, PwC refers to PricewaterhouseCoopers Private Limited (a limited liability company in India having Corporate Identity Number or CIN : U74140WB1983PTC036093), which is a member firm of PricewaterhouseCoopers International Limited (PwCIL), each member firm of which is a separate legal entity.