30 03 2015
Monday
DDT 2550-03 03 2015 wrote:
| What is the Service Tax rate? It was announced that Service Tax rate has been enhanced to 14% and there would be no Education Cess. We are told that some people have already started collecting 14% Service Tax as they believe it would have immediate effect under the Provisional Collection of Taxes Act. They were surprised when we told them, that the enhanced rate of Service Tax will be applicable only from a date to be notified after enactment of the Finance Bill. If excise duty is applicable immediately, why not service tax? We explained that Provisional Collection of Taxes Act does not apply to Service Tax. Strange and difficult to comprehend? It must be noted that 14% Service Tax will be applicable from a date to be notified later. |
But it appears that some people still have doubts and it is heard that many people plan to collect 14 per cent Service Tax from 1st April 2015.
The Nagpur Commissioner recently clarified,
It has come to the notice of this office that though the new Service Tax rate of 14% has not yet been given effect, some of the service tax providers have started billing & recovering the amount of Service Tax at the rate of 14% from their customers. This practice is not only completely illegal but amounts to collecting consideration from the general public which is not so required to be collected as Service Tax .
The Commissioner has appealed to bring to the notice of the Department, any such instance.
It must be noted that 14% Service Tax will be applicable from a date to be notified later - after enactment of the Finance Bill. If somebody charges 14% from 1 st April, don't pay.
Nagpur Commissioner - an example for courteous communication : The communication from the Nagpur Customs, Central Excise and Service Tax Commissionerate is an example for courteous correspondence by Government officers.
The Commissioner 'appeals' to bring instances of excess collection to his notice. His office looks forward to your co-operation in this regard . And finally he says 'Help us to help you'.
This is how public servants should behave.
Nagpur Commissionerate Communication.
Registration - Netizens frustrated by ACES
THIS is just one of the mails we get from frustrated service providers who made many attempts to register with the department but found that the ACES system and the Commissionerate were not inclined to get them registered.
|
From: xxx
Sent: Friday, March 27, 2015
To: aces.servicedesk@icegate.gov.in
Subject: Non accessibility of ACES system
Sir,
I am a professional Management Consultant from Mumbai. Attempting to register through ACES for Service Tax registration. For a very long period after entering first page of Form ST 1 the system shows "IT Server down unable to process, please try later".
This is the issue experienced continuously for the last eight hours. Kindly set right the ACES system at the earliest. I am waiting for your immediate action for the smooth functioning of the system and the user friendly atmosphere in ACES system. Hope my grievances will be attended to on priority.
Regards,
xxx
________________________________________________________
Dear Sir/Madam,
Regarding your complaint, it has been logged and escalated to the application team. Once we receive the solution, we will intimate the same to you.
Your complaint ticket number is SD0037xxxx
For further details feel free to call our toll free number 1800 425 4251
Thanks & Regards
Xxx
ACES Service Desk
Toll Free Number: 1800 425 4251
|
IT seems that the problem is still not solved.
We also received a mail from a retired departmental officer, who nowadays wears the robes of a Consultant. He too informed us on similar lines -
|
I wanted to carry out an amendment of Form ST2 for my client. When I tried to do it through ACES, the screen showed a message - "IT Server down. Please try again later. We regret for inconvenience."
I called up the helpdesk number not sure whether someone would answer it - fortunately, they responded - not with a solution but a complaint ticket no.
It is more than three days but the problem continues.
The CBEC field formations were open on Saturday, 28th but could not help me in any manner.
I am wondering, till now, how all are keeping quiet on this issue when the system is non operational with this IT server problem that too for continuously three days during Financial year ending.
I think that the procedure that we followed when I was in service much before the advent of ACES was NEVER DOWN!
I request TIOL through DDT to please take up this issue as far as possible to get it resolved.
|
Yet another Netizen wrote to us:
|
Central Excise Department has undergone major changes since last year. Because of creation of new Commissionerates and promotion of staff, the ACES system required major updations and frequent changes. However after four months from the cadre restructuring and departmental reorganization, the ACES system is not working satisfactorily till date. When field staff as well as higher ups are trying their level best to gather the revenue, there are several service providers waiting for Service Tax registrations since last four months. This is because of the reason that after reorganization most of the officers are unable to see the pending position in respect of the Service Tax Registrations. The officers are helpless and the assessee are worried about the huge interest required to be paid on ST payments. It is learnt that Crores of Service Tax payment is trapped between these registrations pending for issuance.
Now March is about to end and if these registrations are not issued within day, there will be setback to the revenue target fixed by the CBEC.
You are requested to take up the issue at right forum in the interest of Nation's revenue.
|
Here is the heart-rending agony of another Netizen.
|
The Finance Minister has announced with much fanfare that Excise registration would be issued within two days. But even after two months, I am yet to get a registration, let alone a communication in this regard.
All around there is Revenue drive, but I want to pay excise duty, but being thwarted because of devil may care attitude of the officials. They simply don't care, and are callous to the needs of the industry. It breaks the spirit of the entrepreneur. For a simple registration, I have to wait for two months, and no communication so far. How shameful and regrettable. The high sounding slogan of the Honourable Prime Minister "Make In India" has fallen on deaf ears. But let them not apply brake on entrepreneur endeavour and break our spirits. It is very disheartening. I am running a one man show, if my legitimate application is not honoured and if I am made to run from pillar to post for a simple registration, how the hell I am going to make in India.
|
In this case, DDT contacted the ADG, Systems and the concerned Commissioner. The Commissioner was very kind to arrange the registration immediately. Another Commissioner whom we tried to contact was very busy in a meeting and his secretary promised that the Commissioner would call back. We are eagerly waiting for a week for that call! We contacted some Commissioners and some ACES officials, all of whom said that there were no pending registration applications and they asked for specific cases, which we were specifically told by many frustrated applicants not to reveal, for obvious reasons.
In his D.O. letter F. No. 201/24/2013-CX.6, dated 03 03 2015 (DDT 2552 - 05 03 2015), the CBEC Advisor Mr. SB Singh told the Chief Commissioners that registration has to be given within two days of application and that pending registrations have to be cleared by 15th March 2015. CCs were required to send a report to the Board on the number of applications pending for more than two days, by 16 th March. They must have all sent their nil reports or not bothered about the advisor's letter.
DDT hopes that the ACES/CBEC/Commissionerates get their act together and do the needful - after all 31st March is the last date for payment of taxes too!
Central Excise - Digital Records - Board Proposes to issue Notification and Circular - Invites Feedback
IN Para 120 of his Budget Speech 2015, the Finance Minister said, the assessees under central excise and service tax will be allowed to issue digitally signed invoices and maintain electronic records. These measures will cut down lot of paper work and red tape.
Accordingly, Rules were amended to provide for issue of digitally signed invoices and preservation of records in electronic form.
Now the CBEC proposes to issue a Notification and a Circular to specify the conditions, safeguards and procedures for issue of invoices and preserving records in electronic form and authentication of records and invoices by digital signatures. Board wants feedback from the Trade and Departmental Officers.
The Finance Minister says - These measures will cut down lot of paper work and red tape. And exactly opposite of that is what the Board proposes.
If you want to maintain electronic records:
1. You will have to get a Class 2 or Class 3 digital signature.
2. Before going electronic, you have to submit details of your name, digital signature, etc. to the DC/AC with a copy to the Range Superintendent. It is not mentioned whether this information can be sent by e-mail.
3. Electronic records are to be maintained separately for each factory.
4. The Department can ask you for printouts of the electronic records and invoices. Pray, why? What are you going to do with the tons of printed paper? And your FM says he is going to save paper.
The Board also proposes to prescribe the procedure for verification of electronic records.
The Board draft notification starts with, In exercise of powers conferred by sub rule (5) of rule 10 and sub rule (9) of rule 11 of the Central Excise Rules, 2001, (hereinafter referred to as the said rules).....
1. They want to derive power from the Central Excise Rules, 2001, which do not exist! Thankfully, the Draft Circular mentions the correct rules - CER, 2002.
2. ( hereinafter referred to as the said rules) ..... after this, there is no word “rules” mentioned anywhere in the notification. It is a normal practice in Government to write these words routinely whenever they refer to any rules. This proves again how careless they are in drafting the LAW.
CBEC F. No.224/44/2014-CX.6., Dated: March 27 2015 .(with the draft Notification and Circular)
Income Tax - Public Grievances - Be careful, PM is watching - Chairperson alerts PCCs
THE status of pending public grievances with the Income Tax Department was reviewed by the Prime Ministeron 25 th March through video-conferencing with Revenue Secretary and the Chairperson of CBDT. During the meeting, the PM expressed dissatisfaction about delays in responding to public grievances by IT Officers as well as about the harassment meted out to the taxpayers and officious behaviour of the Income Tax Officers.
The Chairperson tells the Principal Chief Commissioners that the PM was assured that redressal of public grievances is one of the priority areas of the Income Tax Department.
In view of the above assurance and the fact that the PM will be personally monitoring status of public grievances on a monthly basis, she exhorts the PCCs to ensure that redressal of public grievances must take utmost priority in their work plan.
She hopes their efforts in this regard will help her to report a much better position of disposal of public grievances in the next meeting with the PM.
Babus should realise that now there is a Prime Minister who is going to keenly watch them - better behave.
CBDT Chairperson D.O.F.No.Dir.(Hqrs)/Ch.(DT)/39(2)/2015., Dated:March 26, 2015
Jurisprudentiol - Recent Supreme Court Judgements
CENTRAL Excise - Modvat/Cenvat Credit - Clearance of inputs after partial process - Motor vehicle parts like bumpers, grills, etc., on which the process of Electro Deposition Coating, namely, EDC took place (which was in the nature of anti-rust so that the shelf life of the said bumpers, grills, etc., would be generally increased), cleared by reversing the credit taken. Revenue demands duty on the value addition (200 crores): Maruti Suzuki (then known as Maruti Udyog), had cleared inputs/ spares after processing, but duty was only paid equivalent to the MODVAT credit taken on these inputs before processing, and hence according to the intelligence gathered by the Central Excise Department, a substantial increase in the value of these inputs has escaped payment of duty on account of value addition in such inputs after processing. More specifically, what was alleged was that various spare parts relatable to motor vehicles procured by it in the form of bumpers, grills, etc., on which the process of Electro Deposition Coating, namely, EDC took place (which was in the nature of anti-rust so that the shelf life of the bumpers, grills, etc., would be generally increased) have escaped duty on account of the value addition of EDC.
A Show Cause Notice was issued on 30.08.2001, demanding a duty of over Rs. 200 crores and was confirmed even by the Tribunal and Maruti is before the Supreme Court. The Supreme Court held: it would be clear that the "input" that is removed from the factory for home consumption is bumpers, grills, etc., being spare parts of motor vehicles procured by the appellant. ED coating which would increase the shelf life of the spare parts and provide anti-rust treatment to the same would not convert these bumpers, etc., into a new commodity known to the market as such merely on account of value addition .
And the appeal was allowed and the demand set aside. The legal battle ran for 14 years.
Please see Maruti Suzuki Vs Commissioner of Central Excise - 2015-TIOL-30-SC-CX
Central Excise - Valuation- Section 4(old) - Value of goods captively consumed - Comparable goods - the proper officer shall make such adjustments as appear to him reasonable, taking into consideration all relevant factors, and in particular, the difference, if any, in the material characteristics of the goods to be assessed and of the comparable goods. Penalty set aside.: The appellant manufactures yarn which is mostly captively consumed in the manufacture of different varieties of fabrics and some yarn is sold in the market. They were paying duty on the captively consumed yarn on the basis of the cost of production of the yarn. For the yarn sold in the market, the duty was paid at the factory gate price. The period covered is 1994 to 1998. The Department felt that this method in calculating the excise duty in respect of the captive consumption was in-appropriate. As per the Department such a duty should have been paid on the same price at which the yarn was sold by the appellant in the market. The Commissioner confirmed a duty demand of nearly Rs. 40 lakhs with equal penalty. The Tribunal confirmed the duty but reduced the penalty to Rs. 5 lakhs.
The Supreme Court observed, “ Since the appellant itself is selling same very yarn in the open market, as per the aforesaid provision the said market value would clearly become the value of the comparable goods produced by the assessee/appellant itself. To this extent there cannot be any quarrel.” The Supreme Court added that the assessee is entitled to adjustment of the costs which are incurred in the sale of the same product in the open market as that cannot be included in the cost in respect of yarn which to be captively consumed. So, the Supreme Court directed the adjudicating authority to rework the duty amount. The penalty was set aside.
Please see Hindustan Spinning & Weaving Mills Ltd Vs Commissioner of Central Excise - 2015-TIOL-29-SC-CX
Banks are open to Public on 31st
ON Friday we reported an ASSOCHAM release that March 28 is holiday on account of Ram Navami followed by Sunday. Then the banks open on March 30 for a day for public and would be out of reach for the general public on March 31 and April 1 due to annual closing.
A Banker informs us that March 31st is a working day for banks and services are available to the public. We are grateful to the concerned banker.
ASSOCHAM may please note.
Until Tomorrow with more DDT
Have a nice day.
Mail your comments to vijaywrite@tiol.in |
Download PDF
