Indirect Tax Newsletter - November 1, 2012

Profession:JSA Advocates & Solicitors
 
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CUSTOMS & INTERNATIONAL TRADE Customs

Notification No. 57/2012-Cus. dated October 18, 2012

Amends Notification No. 39/96-Cus., dated July 23, 2012 to provide for exemption upto November 25, 2012 on import of machinery, equipments, instruments, components, spares, jigs, fixtures, dies, tools, accessories, computer software, raw materials and consumables required for the Long Range Surface to Air Missile ("LR-SAM") Programme of the Ministry of Defence from custom duty leviable thereon.

Sanjivani Non-ferrous Trading Pvt. Ltd. Vs. CC&CE [2012 (284) ELT 559 (Tri. Del.)]

Assessee paid higher amount of custom duty. On discovery of mistake, assessee filed for re-assessment of bill of entry within stipulated time period of six months. Reassessment order was passed on July 13, 2007 and assessee filed an application for refund of excess duty paid on July 30, 2007. Refund application was rejected on the ground of limitation. Referring to Section 27 of the Customs Act, 1962 ("the Customs Act"), the Tribunal allowed refund claim of assessee on the ground that where duty becomes refundable as a consequence of judgment, decree, order or direction, limitation shall commence from the date of such judgment. Therefore, period of limitation was held to commence from the date of order of reassessment.

Vasco Da Gama Distilleries Pvt. Ltd. Vs. CCE [2012 (284) ELT 417 (Tri. - Mumbai)]

The Tribunal held that merely because assessee obtained higher discount from foreign supplier as compared to other importers, it, by itself, cannot be a reason for rejection of transaction value under Section 14 of the Customs Act.

CENTRAL EXCISE, SERVICE TAX, VAT & GST

Central Excise

Notification No. 38/2012-CE dated October 18, 2012

Amends Notification No. 64/95-CE, dated March 16, 1995 to provide for exemption upto November 25, 2012 to machinery, equipments, instruments, components, spares, jigs, fixtures, dies, tools, accessories, computer software, raw materials and consumables supplied to LR-SAM Programme of Ministry of Defence from excise duty leviable thereon.

Sudhir Deoras Vs. CCE [2012 (284) ELT 326 (Jhar.)]

The High Court of Jharkhand held that authority issuing summons under Section 14 of the Central Excise Act, 1944 ("the Excise Act") must issue summons to a witness only when the authority considers it necessary for summoning. The High Court also observed that before summoning a person from a company registered under the Companies Act, 1956 to give evidence under Section 14 of the Excise...

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