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CBIC denotifies one ICD in MaharashtraFM meets AIIB delegation; calls for mechanism to share sectoral best practicesAir India-Vistara merger complete; merged entity to operate over 5600 weekly flightsNational Test House develops LED tower light for use in extreme conditionsCus - At no point of time Codes No. 29214920 and 29215940 have been excluded from schedule to MEIS Scheme - Reasons assigned for denial of benefit are contrary to Notification No. 38/2015-2020 r/w P.N no. 12/2015-2020: HCPM Jan Dhan Yojana - Govt urges stakeholders to conduct re-KYCFM Sitharaman to meet State FMs for GST Council meet on Dec 21-22; decision on GST on life insurance/health insurance premium likely; pre-Budget issues to be decided upon as wellST - CENVAT - Not producing the documents, which may be necessary for substantiating a claim, does not fall in the exception of 'suppression of facts': HCCOP 29 at Baku - UN chief urges nations to pay for clean technology or face human activity-induced catastrophe; heads of some most pollution economies absent; global carbon market okayed for carbon credits tradingCX - Even if an application is not moved, the department would be obliged to refund the amount to person concerned from whom the excess amount has been received unlawfully after the provision has been declared ultra vires: HCAir pollution in South Asia - UNICEF rings alarm bells for Lahore residents; warns of devastating effects on pregnant women & childrenVAT - Merely because payment is deferred by State in terms of works contract, same is no ground for a dealer to seek exemption from taxes under MP Commercial Tax Act and MP Entry Tax Act: HCJiribam district encounter - 2 Meitei men dead, 6 go missing following killing of 10 alleged militants from Kuki-Zo communityVehicle One-time Tax - Notification requires tax to be paid on or after 14.10.2022 for becoming entitled for exemption - Merely because tax was paid on 13.10.2022 and registration was done on 18.10.2022 does not guarantee benefit: HCForeign Minister S Jaishankar calls for urgent resolution of one-sided balance of trade between India & RussiaRule 96(10) of CGST Rules, 2017 - A Historical PerspectiveI-T- Delay in filing ITR be condoned where during relevant period, the assessee, a doctor, was engaged in work on account of on-going COVID 19 pandemic & where the assessee suffered personal losses in such period: HCFTA awareness key to reach USD 2 Trillion trade goal: GoyalI-T- As is trite law, once resolution plan is approved, any claims that were not lodged before resolution professional during insolvency proceedings are extinguished: HCCoast Guard delegation meets Sri Lankan counterpart; combating maritime crime tops agendaI-T - Tax authorities are not entitled to tax entire transaction, but only income component of disputed transaction, to prevent possibility of revenue leakage: HCNew fire-resilient Dicliptera flower species discovered in Western GhatsI-T - No demand can be raised against deductee on account of failure to deposit amount of Tax Deducted at Source by deductor: HCMassive fire accident at oil refinery in Gujarat claims one lifeI-T- Exemption from Excise duty does not fall in the definition of income as envisaged under Section 2(24)(xviii) of the Act: HCUS President-elect Donald Trump choses hawk Mike Waltz as NSAI-T- Income tax cannot be levied on hypothetical income & only real income can be taxed; no tax can be charged on an amount which is not actually earned: HCED raids locations in West Bengal & Jharkhand in money laundering matter also involving illegal immigration of people from Bangladesh

MESSAGE BOARD

   


Tinkering with duty Credit provisions

A restriction of availment of 95 percent of Modvat Credit in respect of inputs was imposed in 1998 but this cap was withdrawn in 1999 vide Notification No. 21_99-C.E. _N.T. dated the 28th February, 1999. Hundred percent Credit of duty in respect of Capital Goods was available in the same financial year under the Modvat Scheme relating to Capital Goods introduced in 1994 but it was made allowable with restriction of 50 percent for one financial year and remaining 50 percent for the next financial year in the Cenvat Scheme introduced with effect from 01-04-2000. The tinkering with duty Credit provisions has resulted in a lot of litigation.
*Shashwat Jain

shashwat jain 26/09/2014

 

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