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VAT - If notice for completing assessment issued within limitation, then assessment order is within time even if passed beyond period of three years: HCGST - Cancellation of registration of GST has cascading effect on all other businessman who are receiving the goods from the registered person - Delay in filing appeal is condoned as petitioner has already made pre-deposit: HCGST - Impugned order was not reflecting under the tab 'view notices and orders' - Consequently, petitioner being unaware of the same could not contest validity within limitation period - Order set aside: HCGST - Respondents are well within their rights to levy GST on the royalty paid by the mineral concession holder for any mining concession granted by the State: HCDRI canon - Sleuths in SnagACC appoints two new Members for CBICJharkhand Assembly polls – voting underway for 43 seatsIndia-Russia discuss cooperation in Pulses tradeMHA tells House Panel that only 38 civilians lost their lives in North-East in 2023; skips mention of ManipurBoost for Make in India - Integrated Manufacturing Cluster coming up at GayaBangladesh seeks help for Interpol for arresting ousted PM HasinaNFRA recomments revising SCQ1, SQM1 & SQM2 standardsElon Musk, Vivek Ramaswamy to run new Department of Government Efficiency in USAPFRDA invites bid for System Integrator for PFRDA Connect websiteTaliban appoints Ikramuddin Kamil as Acting Consul at MumbaiWith 11% growth, PSBs perform well in 1st half of FY 2024-25CBIC notifies Customs Tariff rates for Gold, Silver and crude oilCBDT notifies PNG Regulatory Board under Section 10(46A)(a) of I-T ActCBIC notifies ICD at Jajpur, OdishaI-T - Non-addition of any income on account of same being interest commensurate with TDS deposits, or making further enquiries would not confer PCIT with jurisdiction to pass an order u/s 263 : HCI-T - If there is settlement arrived at between members of Hindu undivided family, then cost with reference to acquisition of property would have to be assessed as per Sec 49(1)(i): HCI-T - Joint venture undertaking which was awarded a contract for full-fledged development of Airport, can be said to be 'developer' eligible for deduction u/s 80-IA(4): HCI-T - If tax is deductible at source, then assessee shall not be called upon to pay tax himself to extent to which tax has been deducted from that income: HCI-T - Revenue authorities are not justified in continuing retention of books of accounts and other documents contrary to provision of Sec 132(8): HCI-T- Power of revision is unwarrantedly exercised where it is based on incorrect assumption of facts: ITATST - Software imported and sold by the Appellant is import and sale of goods and is not exigible to service tax: CESTATST - Once Appellant had paid VAT on the sale of goods, service tax cannot be demanded on such sale of goods: CESTATST - Burden of proving that assessee suppressed facts with intent to evade payment of Service Tax is clearly upon the Department; is necessary for the Department to illustrate any positive act of suppression on assessee's part: CESTATCus - Where imported motor vehicle is registered & certified for compliance with Central Motor Vehicle Rules , then separate EC Type Approval Certificate under Import Licensing Note to Chapter 87 of Customs Tariff Act 1985, is not needed: CESTATCus - Substantial benefit of tax exemption cannot be denied based on procedural lapse alone; confiscation of imported vehicle is not tenable where no mis-declaration of description or classification or quantity, is involved: CESTAT

MESSAGE BOARD

   

AV of imported goods - inclusion of packing & labeling costs


RSP based valuation of imported goods

Sir,
It seems that the proviso to Section 3 of the Customs Tariff Act,1975,read with notification issued under Section 4A of Central Excise Act,1944 provides for the valuation of imported goods on which it is mandated to declare RSP,for the purpose of levying CVD.

rrkothapally rrkothapally 21/08/2014

 
Re :RSP based valuation of imported goods

Sir, the labelling is required in case of goods are subjected to CVD on RSP. Since goods are coming in a unit container in packed condition already but without MRP label. Therefore, MRP is declared by the importer in India.I think the foreign supplier is not supposed to paste MRP on the goods to be sold in India. Re-packing is done only to the extent of declaring the MRP. Not the packing of goods in to some separate container altogether.

Instead there are instances where the MRP is declared very low but the selling price in the market is high. THe small gadgets coming from China. I bought one gadget which sits on the car sterio to play USB, MRP was Rs. 10/- but the selling price was Rs. 400/- negotiable upto 250/- and when I checked many other such items, similar story was there. Automobile parts, mobile phones, gadgets, electrical items etc which are sold on a lumsum price only in the market. CBEC should drive the ecercise of buying these products on sample basis from markets like Delhi, Mumbai and then catch those importers who are evading big amount of customs duties.

Arbind Aggarwal

Arbind Aggarwal 21/08/2014

 

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