TIOL-DDT 2354
16.05.2014
Friday  

THE new CESTAT appeals forms for Central Excise (E.A.-3, E.A.-4, E.A.-5), Customs (C.A.-3, C.A.-4, C.A.-5) and Service Tax (S.T.-5, S.T.-6, S.T.-7) were notified vide notifications 6/2013-Central Excise (N.T.), 37/2013-Customs (N.T.) and 5/2013-Service Tax, all dated 10.04.2013 respectively. These forms were made effective from 1.6 2013.

The very next day, the Board while explaining the salient features of the new forms through Circular 969/03/2013-CX dated: April 11, 2013 also clarified that the old forms may continue to be used for a period of three months from the date of coming into effect of the new forms, i.e. till 31.08.2013 and that from 01.09.2013 onwards, no appeal shall be filed in the old forms.

Be that as it may, the Board had also envisioned that the new forms would ensure quick disposal of cases inasmuch as additional information sought would lead to faster communication between the Tribunal Registry and the appellant, bunching of cases and would also facilitate creation of a comprehensive database.

DDT had extensively covered the subject matter in episodes 2084 & 2085.

We do not know how much of these expectations have been met. DDT has identified some issues with the present forms:

++ In case of appeals to Tribunal, the number of order appealed against should be mentioned in a 21 string alphanumeric number. But the Adjudicating Authorities and the Appellate Authorities are not following this while giving number to their orders, making it difficult for the assessees to fill the same.

++ The present appeal forms have a column for mentioning the interest amount up to the date of filing the appeal. In the absence of any monthly liability indicated by the Adjudicating Authority / Appellate Authority in the orders, assessee cannot fill this column.

++ The present forms do not have a column for mentioning the details of fee paid by the appellant for filing the appeals to Tribunal.

But one thing we know is that the Board is itself unhappy with the new appeal forms.

If it was not so, the Board would not have in less than a year's time sought feedback and suggestions for further improvement, in Board's own words - to make the appeal forms more simple, user friendly and useful for creation of data base!

The CBEC has come out with a note addressed to all stake holders and sought their replies which are to be emailed at  dirjc-cbec@nic.in .

Will the department also fit into the category of ‘stakeholder'?

Incidentally, this letter is uploaded in the Draft Circulars section of the CBEC website presumably on the 16th April, 2014 but for reasons best known the link to the letter was activated only recently!

Letter F.No.390/Misc/46/2011-JC of Director(Judicial), CBEC.

Classification of rice par-boiling machinery  

NEARLY four years ago, after a detailed examination, the Board had come out with a Circular No. 924/14/2010 -CX dated 19.05.2010 clarifying that Rice parboiling machinery and drier which are essentially for use in conjunction with the rice mill will merit classification under heading 8437. Admittedly, the Tariff Rate of duty for this heading is Nil.

Incidentally, this clarification was issued pursuant to a representation made by the Rice Mill Machinery Manufacturers   Association   that   the practice so far followed by the department was not to charge excise duty for many years but suddenly it has been sought to charge duty on these machines by proposing classification under heading 8419.

Now, the Board has had a re-think consequent to a decision dated 15.03.2011 of the CESTAT, Delhi in the case of M/s Jyoti Sales Corporation 2011-TIOL-1498-CESTAT-DEL wherein the Bench had after bringing out a subtle distinction in the goods under reference vis-à-vis that discussed in the Board Circular dated 19.05.2010 concluded that par-boiling plant and drier plant are rightly classifiable under heading 8419.

So, after more than three years, the CBEC shifts the goalpost and says that rice par-boiling machine and dryer would merit classification under CETH 8419 as per Note 2 to Chapter 84.

The earlier Circular No. 924/14/2010-CX dated 19.5.2010 is  rescinded by the Board and it is directed that classification of rice par-boiling machine and dryer should be made under CETH 8419.  

Interestingly, the CBEC also instructs the field formations to take necessary action to protect the revenue interest in respect of past clearances .

But has the CBEC missed taking note of this decision in M/s Jyoti Sales Corporation 2013-TIOL-1034-CESTAT-DEL?

Circular No. 982/06/2014 - CX dated 15th May, 2014.

Tariff Value of Gold, Silver increased

THE  Government has increased the Tariff value of Gold from 422 USD to 424 USD per 10gms and that of Silver from 632 to 650 USD per kilogram with effect from 15.05.2014. The Tariff values of all Oils have been reduced. Tariff value of Brass scrap sees a slight increase. However, the Tariff values of Poppy Seeds and Areca Nuts refuse to budge. The Tariff values as on  30 .04.2014  and with effect from 15.05.2014  are as under:

Notification No. 42/2014-Cus (NT), Dated: May15, 2014

Appellant wants to persuade 'old legal representative' - seeks adjournment  

EXCUSES can be many for seeking adjournment and this one may top the list!

An appeal filed in the year 2004 was listed for final hearing on 11.02.2013 and at the request of the appellant the case was adjourned to 14.02.2014. On 14.02.2014 when the case was called, the appellant submitted a letter stating that the authorized legal representative, who was representing the matter earlier, has expressed his inability to continue and, therefore, they wanted to engage a new legal representative. Accordingly, the case was adjourned to 4.4.2014 as a last chance. Again, a request was made by letter dated 26.03.2014 seeking adjournment on the ground that another six weeks' time be granted to brief the new legal representative and, therefore, the case be adjourned to 3 rd week of May 2014.

On 04.04.2014, the Advocate appearing for the appellant submits that the appellant needs time to persuade “old legal representative”.

The CESTAT noted that this request is contrary to the submissions made in the letter dated 26.03.2014 and it appeared that the appellant is only interested in delaying the matter.

Nonetheless, the Bench observed that it did not want to encourage any delaying tactics but in the interest of justice, as a last chance, the case was listed for final hearing on 28.05.2014 subject to the appellant paying a cost of Rs.5000/- to the credit of the CCE, Nagpur.

See 2014-TIOL-783-CESTAT-MUM

'Maximum governance, minimum government'

VOTES polled in the nine-phased Lok Sabha elections will be counted today to decide who will form the next government.

Although the Exit polls have shown exit for the grand old party, it is only by noon that a final picture would emerge as to who would be the major players in the 16th Lok Sabha.

It is said that an estimated   Rs. 150 crore of advertising revenue across news channels is riding on counting day what with the 24x7 news channels renovating their studios, designing majestic sets with multiple cameras and giant touch screens for interactive graphics and beaming holograms of their reporters from distant locations.

With catchy words like ‘wave', ‘swings' and ‘vote share' and ‘animated cartoons' coupled with non-stop commentary and analysis by celebrity panelists, we Indians never had it so good.

New power centres, new equations, a new Finance Minister and an all pervasive feel of 'acche din aane wale hain' DDT too looks forward to more action in the days to come. After all, the Union Budget is only more than a month away!

  DDT Cartoon

Jurisprudentiol - Monday's cases

Central Excise

Excise - Valuation - cost of transportation from the place of removal to the place of delivery cannot be included in the assessable value even though cost of transportation has been calculated on average basis and not on actual basis - CESTAT.

DEPARTMENT is in appeal against the order of Commissioner (Appeals) dropping the demand relating to the issue whether equalized freight separately charged to be included in the assessable value in case of sale on FOR destination basis for the period from July, 2000 to February, 2003. Revenue did not accept Commissioner (Appeals)'s order and have came in appeal before the tribunal.

Income Tax

Income tax - Whether when assessee decides not to charge any interest on loans given to third party and loan is recovered after a civil suit is filed, any notional disallowance for said interest is warranted u/s 36(1)(iii) - NO: HC

THE issues before the Bench are - Whether when assessee decides not to charge any interest on loans given to third party and loan is recovered after a civil suit is filed, any notional disallowance for said interest is warranted u/s 36(1)(iii); Whether provisions of Section 2(22) (e) can be invoked, in case there is a genuine business transaction between two entities and funds of the appellant director were infact lying with the company for most of the time and no profit is derived out of the said loan transaction and Whether in that case such a transaction would be considered as of business expediency. And the verdict goes against the Revenue

Service Tax

ST - Services of financial leasing provided to clients - Taxable event occurs when hire-purchase contract is entered - ST to be paid at rate prevailing at time of entering lease agreements & not at time of receipt of EMI - Appeal allowed: CESTAT

THE appellant is a lease finance company and provided services of financial leasing under the category of ‘Banking and Finance' services.  The lower authorities have confirmed a demand of Service Tax of Rs.18.75 lakhs on the lease agreements entered by the applicant with their clients between 16.7.2001 & 13.5.2003 and 14.5.2003 to 10.9.2004 on the ground that the applicant had not discharged the correct service tax liability

See our Columns Monday for the judgements

Until Monday with more DDT

Have a nice weekend.

Mail your comments to vijaywrite@taxindiaonline.com