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Rule 37 amendment - Implications for taxpayersI-T - Re-opening of assessment merits being upheld where assessee never filed ITRs and where assessee is found to have indulged in heavy cash transactions: HCCommittee of Experts onSustainable Finance submits report to IFSCAI-T - Provisions of clause (b) of Section 148A of I-T Act allow 30 days' time for an assessee to file reply to SCN : HCWHO product alert on cough syrup - Probe rolled outI-T - Re-assessment upheld where at time of original assessment, AO was unaware of assessee being accomodation entry operator & it was later discovered that certain transactions escaped assessment: HCRevenue Deficit Grant of Rs 7,183 Cr released to 14 StatesI-T - Amended provisions of Section 154 cannot be applied with retrospective effect in respect of AY which precedes year of amendment of provisions : ITATNational Lok Adalat to be held on Nov 12 across IndiaI-T - Previous history of assessee must be taken into consideration by lower authorities while providing order: ITATDRI seizes 23.23 kg gold being smuggled through N-E Borders, 4 heldI-T - Reassessment initiated on basis of borrowed satisfaction without any independent application of mind by AO, merits to be quashed: ITATGovt amends ethanol-blended petrol scheme - project to be completed within 2 yrs from disbursement of loan by Mar 31, 2023GST - Law doesn't require payment of tax to be made more than once in respect of self-same goods - Respondent ought not to collect tax for second time - Refund ordered: HC66 Child deaths in Gambia - WHO issues alert against India-made 4 cough syrupsGST - Revenue authorities should act sensibly - Causing unnecessary impediment to the free flow of goods and vehicles does cause an unnecessary hindrance to economy: HCIMF boss sees gloomy outlook for global economy, deepening recessionGST - Question whether any amount is owed to petitioner is a highly disputed question of fact - Court declines to exercise its extraordinary jurisdiction: HCIBM to pump in USD 20 bn in chip and quantum computing factory in NY StateCus - The direction as of First Appellate Authority as to remand is set aside and Adjudicating Authority is directed to provisionally release the goods in question: CESTATLawsuit paused; Musk gets time till Oct 28 to wrap up Twitter dealCX - Third party record and statement of Director of M/s PIL cannot be used against appellant both for non-joinder of parties and also failure on part of Revenue to examine Sh. Pankaj Agarwal as its witness in adjudication proceedings: CESTATGovt notifies Credit Guarantee Scheme for Start-upsThai daycare horror - 23 children out of 37 killed by drug-addict sacked police officerAustralian scientists keen to grow plant on moon by 2025Yet another USD 100 mn crypto-theft of Binance coin reportedGoogle unveils new phones and watches; eyes Apple’s marketBiden fine-tunes policy on marijuana; past federal offences chopped offTruss finally says Macron is a ‘friend’ & UK to work closely with France on many issuesLast month mass killing - Suspect killed 11 including his brother, says Canadian PoliceKarnataka HC tosses out Xiaomi’s petition to unfreeze funds locked by EDCBIC notifies Customs exchange rates w.e.f Oct 7, 2022World Bank losing recession-battered optimism; scales down India’s GDP growth to 6.5%Global Economy: A 'leaf' turning from Summer Green to Autumn Red!Nobel in literature awarded to French author Annie Ernaux for her memoire 'The Years’GST - To fructify government's vision of Ease of doing business, officers need to be efficient and accountable: HCDRI seizes heroin worth Rs 80 Cr at Mumbai AirportExport Freight - Taxable from 01.10.2022The ABG Shipyard case - Interplay Between Ibc And Customs ActI-T- Assessee is not eligible to exemption u/s 54B where investment is made in name of grandson of assessee : ITAT
 
Is the 4% additional duty payable under DEPB?

TIOL-DDT 329
24 03 2006
Friday

The 4% additional duty has caused considerable confusion There is no 4% additional duty if the product is exempted from BCD and CVD. Now is DEPB an exemption? Yesterday DDT had promised to bring you an article on this. Our experts analyse the whole issue and conclude that no 4% additional duty is payable in case of DEPB debits. See details in our special today.

4% duty 100% doubts

For the last twenty days we have been flooded with mails with doubts and apprehensions about the 4% additional duty. Apart from the additional burden right across the Board, what worries the stake holders is the absolute lack of clarity and the Boards silence. The Notification No. 29/2006 has amended Notification No. 20/2006 to withdraw the exemption from this 4% to several products covered under various notifications. This has led to some comical situations.

A Superintendent working in a remote Nepal Border Customs Station wrote to us,

Earlier it was implemented only on dutiable goods and the goods with NIL rate of duty were exempted from this 4%. But now the notification 29/2006-Cus dated 20.03.2006 came. During discussion among our selves it appeared first that the 4% ACD is not applicable on goods being imported from Nepal, Bhutan, Bangladesh. But later on we found that as per the provisions of notifn.no. -29/2006-cus dated 20-03-06, ACD @4% Ad-Val. is imposed on all goods imported irrespective of the fact that the  goods are exempted from BCD as well as ACD under Sec.3(1) of CTA'75.The words used and added in Notifn. 20/2006-cus. dated 01-03-06 that ' Nothing contained in this notification shall apply----'vide Notifin. No. 29/2006-cus dated 20-03-06, is confusing the matter. Since Notifn. No. 20/-2006 - Cus dated 01-03-06 is a notification extending exemption from payment of ACD under Sec.3(5) of the CTA'75,the words used 'nothing contained in the notification shall apply----' shall mean that no exemption is being granted to the goods if imported from the countries mentioned in the annexed notifications.

EDI fails Customs refuses manual filing of BOE

Importers in JN Port Custom House, Mumbai have a problem. They are denied the benefit of an exemption not because they are not eligible, but because the EDI has failed them. It seems after the budget Notification NO. 75/2005 which deals with exemption to goods from Singapore got deleted from the system and when the computer says no, who are appraisers and Commissioners to say, yes? Net Result no exemption.  For the last three weeks importers are being denied the exemption and it seems the Customs authorities are not prepared to accept manual Bill Of Entry. Once the system is updated, will the importers get refund? They may if they challenge the assessment and prove that the duty has not been passed on.

Will the Board/ DG, Systems/ Commissioner do something to help the poor importers who are punished for no fault of theirs?

Vigilance officers given power of Central Excise officers

Superintendent, Appraiser and Inspector in the Directorate of vigilance are conferred with powers of Central Excise officers. Officers of Assistant Commissioner and above in the Directorate already have this power.

NOTIFICATION NO. 7/2006-Central Excise (N.T.), Dated: March 22, 2006

Exemption for Matches certain power operations allowed

Matches, in or in relation to the manufacture of which none of the following processes is ordinarily carried on with the aid of power, namely:

(i) the process of giving-the veneer flats or strips, the configuration of a match box including the outer slide or the inner slide with the use of match paper;

(ii) frame filling;

(iii) dipping of splints in the composition for match heads;

(iv) filling of boxes with matches;

(v) pasting of labels on match boxes or veneers or cardboards;

(vi) packaging were exempted.

Now sl. No. (i) above is deleted which means that the process of giving-the veneer flats or strips, the configuration of a match box including the outer slide or the inner slide with the use of match paper can be carried out with the aid of power and still be eligible for the exemption.

NOTIFICATION NO. 26/2006-Central Excise ., Dated: March 22, 2006

Medicines for export to display Heavy metals within permissible limits

All exporters of purely herbal Ayurveda, Siddha and Unani Medicines (AYUSH) are required to either conspicuously display on the container of purely herbal Ayurveda, Siddha and Unani medicines to be exported the words Heavy metals within permissible limits or furnish the prescribed certificate from an approved laboratory along with other consignment papers. It is the responsibility of the representative of DCG(I) deployed of the Airport/port of shipment to examine and ensure that all exporters of purely herbal Ayurveda, Siddha and Unani medicines comply with this. Board wants Customs officers to take note.

F.No. 450/163/2005-Cus.IV Dated: March 21, 2006.

 Sine die (si'ni di'e)

Without a day specified for a future meeting; indefinitely: Parliament was adjourned sine die yesterday.

A legislative body adjourns sine die when it adjourns without appointing a day on which to assemble again. A court may also adjourn a matter sine die, which means the matter is stayed permanently. This may be due to various reasons, for example, the case is started with a wrong procedure chosen, and then the judge may adjourn the matter sine die so that the party may choose to start the action again with the correct procedure.

++ Appeal on same issue pending in Supreme Court not a ground for adjournment of appeal sine die, as it could result in a situation where majority of litigation could come to a standstill. CEGAT in CENTURY ENKA

++ Adjournment of appeal sine die generally not granted by Appellate Tribunal just because appeal against an earlier order involving identical point of dispute pending before Supreme Court CEGAT in GOWTHAMI SOLVENT OILS PVT. LTD.

++ Issue pending before the Constitutional Bench - Appeal adjourned sine die.   Supreme Court in INDIAN LEADS PRIVATE LIMITED
 
There's no better way of using the imagination than the study of law.

No poet ever interpreted nature as freely as a lawyer interprets truth.

(Jean Giraudoux (1882-1944)

Until Monday with more DDT

Have a nice Day.

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