April 2017 Newsletter

CENTRAL EXCISE  Rule 5, CCR 2004, provides for refund of unutilized accumulated CENVAT credit against export of goods and the rule does not discriminate between physical exports out of India and deemed exports made within Indian territory. Therefore, deemed exports are also eligible for refund – CCE V. Benzo Chem Industries Pvt. Ltd – 2017 Read More

March 2017 Newsletter

SERVICE TAX Exemption - The ST exemption under Entry 9(b) of MEN for services provided to educational institution is applicable only to Pre-school education institution and higher secondary schools w.e.f from 1st April 2017 –Notification No. 10/2017-Service Tax, dated 8th March 2017 Exemption – Exemption available to service provider on Online Information Data Access and Read More

February 2017 Newsletter

CENTRAL EXCISE  Where the goods were manufactured and sent for test. In terms of Rule 16(2) of Central Excise Rules, 2002, the process carried out  on the return of goods to premises does not amount to manufacture – Skoda Auto India Pvt Ltd Vs CCE – 2017 (2) TMI 259. Even though there is a Read More

January 2017 Newsletter

CENTRAL EXCISE Transfer of ownership of captive power plant installed within the factory shall not be deemed as removal. The term “removal” contemplates physical removal. Precedent referred J.K. cotton and spinning weaving mills Ltd. 1987(10) TMI 51 SC – CCE Vs Bhilai Steel Plant – 2017 (1) TMI 293 CESTAT New Delhi. In case of Read More

December 2016 Newsletter

FOREIGN TRADE POLICY CASES Installation of Capital Goods under EPCG Scheme Beetal Teletech Limited V. CC, New Delhi – 2016 (12) TMI 633 Issue: In this case, the petitioner holds the letter from DGFT for EO fulfilment. The Revenue denies the benefit under Notification no.110/95 contending that the goods exported are not manufactured in a Read More

November 2016 Newsletter

FOREIGN TRADE POLICY CIRCULARS Circular No. 50/2016-Customs   All industry rate of Duty Drawback The revised AIR Rate of Duty Drawback is notified which came into force from 15th Nov 2016. (Refer: Article) CASES Duty Drawback Toyo Ink India Pvt. Ltd. Vs CC New Delhi 2016 (11) TMI 138 Issue: Benefit of Duty Drawback under All Industry Read More

October 2016 Newsletter

FOREIGN TRADE POLICY CIRCULAR F.No.605/71/2015-DBK dated 14th Oct 2016 Rationalization of procedure in handling EO under EPCG Authorisations i) The Customs authorities are directed not to replicate verification of EO when it is already done by RA’s except in random 5% cases. ii) In case of endorsement of shipping bill or BoE or in case of non-EDI Shipping Read More

September 2016 Newsletter

LEX TAXARE – SAPAA’s Insights FOREIGN TRADE POLICY NOTIFICATION Public Notice No.32/2015- 2020 Addition & Enhancement in MEIS Eligibility with immediate effect. Export of various goods which were not notified earlier are now eligible for MEIS Duty Reward Scrips. Reward Rates are enhanced for certain goods. CIRCULAR Policy Circular no.2/2015- 2020 Merchant exporter is eligible Read More

August 2016 Newsletter

LEX TAXARE – SAPAA’s Insights Greetings from SAPAA! A journey of a thousand miles begins with a single step. We at SAPAA thought it’s time to start something new and trust the magic of beginnings. Here we are presenting our first Publication- Lex Taxare which brings to you the latest updates and other prominent cases. Read More