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India’s manufacturing PMI marginally down to 57.5 in AugustKGST - 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: HCSC sets up Judge-headed panel to sort out protesting farmers’ grievancesGST - Adjournment was granted for two weeks but the proper officer passed the orders before the period was over - Orders set aside and matter remanded: HCPM to be on official tour to Singapore & Brunei between Sept 3 to 5GST - Shipping bill can be considered as an application for refund of IGST in terms of rule 96: HCGST - Petitioner is permitted to pay amounts assessed in 24 equal monthly instalments together with interest - Recovery proceedings to be kept in abeyance: HCGST - 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: HCGST - 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 / JCITsPMLA - Statement given by accused, while under custody in PMLA case to investigating officers of ED incriminating oneself in another money laundering case would be inadmissible in evidence: SC (See 'TIOLCorplaws')CBDT 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 MantriI-T - Re-assessment cannot be commenced when there is no failure on assessee's part to make full and true disclosure of material facts during original assessment: HCHeavy rains in AP & Telangana; 26 NDRF teams deployedMoS unveils New Single Unified Pension Form for Senior CitizensGST mop-up in August month rises to Rs 1.75 lakh crorePresident Murmu says Culture of adjournment needs to be amended for speedier justiceIndia Post Payments Bank providing financial inclusion to remote areas17 killed in Russian copter crashI-T - Amount paid by assessee for obtaining mining rights in e-auctions, can be countenanced as income of assessee: HCOMCs hike LPC cylinders cost by Rs 39

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Dealer Registration mandatory for transit sale, says Chief Commissioner - Ease of Doing Business?


Dealer's registration

PCC's office has failed to appreciate that:
1. The proviso applies only “..if the goods are …sent ….on the direction of the registered dealer,....”. The department is trying to apply the proviso even when the goods are sent on direction of those who are not registered.

2. There are several persons who get entire production done from Job-workers where the job-worker avails credit and pays duty. (For instance loan licensees in pharma). These persons are not engaged in trading activity.

3. The department won't grant registration unless there is a godown. Thus, even while the proviso allows delivery directly to the customer, the person will need a godown merely for the sake of getting registration. Obviously, the officer would demand godown capable of storing & handling the goods in question.

4. Would eligibility to Cenvat Credit be controlled through C.Excise Rules?

In any case, Board should clear the ambiguity before the audit objections and show cause notices start pouring in.

- Sanjay Dwivedi, Advocate

Sanjay R Dwivedi 05/05/2015

 

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