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Cabinet approves 309 Km long new line between Mumbai and IndoreKGST - As is trite law, a suit filed prior has to be adjudicated so as to bar a suit filed subsequently & that doctrine of res judicata is inapplicable without a previous adjudication: HCCabinet approves seven major schemes for improving farmers' lives and livelihoodsGST - Adjournment was granted for two weeks but the proper officer passed the orders before the period was over - Orders set aside and matter remanded: HCCabinet approves one more semiconductor unit under ISMTurkey keen to join BRICS in effort to look beyond WestGST - Shipping bill can be considered as an application for refund of IGST in terms of rule 96: HCCabinet approves Digital Agriculture Mission with outlay of Rs. 2817 CroreIndia’s manufacturing PMI marginally down to 57.5 in AugustGST - Petitioner is permitted to pay amounts assessed in 24 equal monthly instalments together with interest - Recovery proceedings to be kept in abeyance: HCCCPA imposes penalty of Rs 5 Lakh on Shankar IAS AcademySC sets up Judge-headed panel to sort out protesting farmers’ grievancesGST - S.80 - Instalment facility granted to pay defaulted tax - If petitioner commits any default in payment of even a single instalment, it is open to respondents to proceed for recovery: HCPM to be on official tour to Singapore & Brunei between Sept 3 to 5GST - Allegation is that petitioner availed ITC in contravention of s.16 - Petitioner submits that they paid output tax without utilising ITC in question - Matter remanded: HCCBDT issues transfer order of 17 Addl / JCITsCBDT promotes 6 IRS officers as CCITThe making of an 'Input Service Distributor'President Murmu unwraps new Insignia and flag of Supreme Court of IndiaCBIC amends Sea Cargo Manifest & Transshipment Regulations‘Kavach’ system to be deployed in mission mode: Rail MantriMoS unveils New Single Unified Pension Form for Senior CitizensGST mop-up in August month rises to Rs 1.75 lakh crore

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Cesses on Excise Duty - Is there no levy?


ECS and HS ECS by EOUs for DTA clearance

It is a clear miss on exempting cess for EOU’s DTA clearance

As rightly pointed out by the Author in terms of proviso to Sec.5A of CEA unless otherwise specifically exempted the exemption will not be applicable to EOUs. Intention may be not to levy cess but it has to be expressed according to section provisions.

At least at the time of deleting Sl.no.1A & 1B of Notification No.23/2003-C.E. dated 31.03.2003 this thought would have come to the minds of law makers.

Added non-clarity on provision is explanation by TRU that since there will be no levy of cesses the entries have been deleted in Notification No.23/2003-C.E

Posted by

G.Mani

govindan_mani govindan_mani 16/03/2015

 

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