DGFT Notifies Procedure For General Authorisation for Export after Repair in India

The Director General of Foreign Trade (DGFT) has notified the procedure for general authorization for export after repair in India (GAER).The export of imported Special Chemicals, Organisms, Materials, Equipment, and Technologies (SCOMET) items to the same entity abroad after repair in India will be allowed on the basis of a one-time GAER subject to post-reporting on a quarterly basis issued by DGFT, subject to the various conditions.The SCOMET items were imported to a designated/authorized...

GST Dept. To Consider Reply to SCN Sent By Assessee Through post and Not Portal: Madras High Court

The Madras High Court has held that the GST Department should consider a reply to a show cause notice even if it is sent by the assessee through the post and not the portal.While rejecting the objection of the department that the postal/physical reply to them shall not be considered, the single bench of Justice M. Nirmal Kumar has directed the department to give an opportunity for personal hearing to the petitioner, hear the objections, peruse the documents submitted and the explanations.The...

DGFT Allows Export Of Flour Made From Imported Wheat

The Director General of Foreign Trade (DGFT) has allowed the export of flour made from imported wheat.The export policy of wheat or Meslin flour (atta), maida, saolina rava (sirgi), wholemeal atta, and resultant atta is prohibited.However, export of wheat flour (atta) will be allowed against Advance Authorisation and by Export Oriented Units (EOUS) and units in Special Economic Zones (SEZs).The procedural conditions to be followed by Advance Authorisation holders will be provided in the Handbook...

Supreme Court Directs Andhra Pradesh To Transfer To Jharkhand CST Collected From Tata Motors In Respect To Sale To APSRTC

The Supreme Court has directed the state of Andhra Pradesh to transfer to Jharkhand the amount of central sales tax deposited by Tata Motors with respect to the sale of buses to the Andhra Pradesh State Road Transport Corporation (APSRTC).The division bench of Justice M.R. Shah and Justice Krishna Murari has observed that after due verification, the amount of central sales tax paid by Tata Motors with respect to the transaction be transferred to Jharkhand immediately on verification. The State...

Department Failed To Pass Re-Assessment Order Within Prescribed Time Limit: Delhi High Court

The Delhi High Court has quashed the show-cause notice and the reassessment order as the department failed to pass the reassessment order within the prescribed time limit.The division bench of Justice Manmohan and Justice Manmeet Pritam Singh Arora observed that the department could not have issued another notice to the petitioner/assessee under Section 148A(b) dated June 2, 2022, after having issued and served the notice on March 31, 2021, under Section 148 of the unamended Act.The court noted...

DGFT Notifies Export Quota Of Broken Rice For LCs Prior To September 08, 2022

The Director General of Foreign Trade (DGFT) has notified the export quota of broken rice for Letters of Credit (LCs) prior to September 8, 2022, for the Financial Year 2022–23.The DGFT notified a quota of 3,97,267 MT for the export of broken rice only for the LCs opened before the notification dated September 8, 2022. For the export during the Fiscal Year 2022-23, the message exchange date between the Indian and foreign bank/swift dates has been prior to September 8, 2022, as per procedure to...

CESTAT Allows Cenvat credit To Satyam Computer For Service Tax Paid On Medical Insurance Premium Of Employees And Their Family

The Hyderabad Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT), comprised of two members Anil Choudhary (Judicial Member) and P. Venkata Subba Rao (Technical Member), has granted Satyam Computer a cenvat credit for service tax paid on insurance premiums for employees and their families.The appellant/assessee assailed the order passed by the Commissioner of Central Excise & Service Tax. As per the order, the CENVAT credit taken by the appellant on the service tax paid...

Combined Wire Rope Not Integral Part Of Fishing Vessel, Attracts 18% GST: Gujarat AAR

The Gujarat Authority of Advance Ruling (AAR) has ruled that combined wire rope is not a part of a fishing vessel but it is used to tie the fishing net with the vessel and 18% GST is applicable.The two-member bench of Amit Kumar Mishra and Milind Kavatkar has observed that goods whenever used as a part of a fishing vessel or vessel attract 5% GST, otherwise, they attract the applicable GST rate of the goods.The applicant, Shakti Marine Electric Corporation, is an authorised wholesale dealer for...

Activity Of Printing Advertisement Content On PVC Material Amount to "Manufacturing", No Service Tax Payable: CESTAT

The Hyderabad Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that the service tax is not payable on the activity of printing advertisement content on PVC material.The two-member bench headed by Justice Dilip Gupta (President) and P.V. Subba Rao (Technical Member) has observed that the activity of printing advertisement content on PVC material which results in printed PVC flex or PVC board would amount to manufacture.The respondent/assessee is in the business of...

Advertisers And Target Audience Are Outside India - Equalisation Levy Not Applicable On Google Ads: ITAT

The Jaipur Bench of the Income Tax Appellate Tribunal (ITAT) has held that an equalisation levy is not payable on advertising payments where advertisers or the target audience are located outside India.The two-member bench of Dr. S. Seethalakshmi (Judicial Member) and Rathod Kamlesh Jayantbhai (Accountant Member) have observed that when the intention of the levy is related to the targeted audience and the party paying the online advertisement has no relation in India, the Equalisation Levy is...

Detention Order not Passed based on Statutory Timelines: Madras High Court Directs Release of Vehicle

The Madras High Court has ordered the release of the vehicle as the department has failed to pass the detention order within the period as provided for under Section 129 of the Tamil Nadu Goods and Services Tax Act, 2017 (TNGST Act) and no show cause notice has been issued within the period of 7 days as set out under Section 129(3) of the TNGST Act.The single bench of Justice Anitha Sumanth has observed that since the statutory show cause notice is to be issued within a period of 7 days from the...

Allegations Of Clandestine Removal Of Goods Merely Based On Entries In Diaries Not Sustainable: CESTAT

The Allahabad Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that the allegation of clandestine removal is merely based on the entries in diaries, etc. is not sustainable.The bench of P. Anjani Kumar (Technical Member) has observed that the department has not adduced any additional evidence, even on a sample basis, to substantiate the allegation of clandestine removal.The appellants/assessee are in the manufacture of iron flats, spring leaves, and agricultural...