SIGN IN SUBSCRIBE

News Update

PLI scheme for electronics manufacturing sees incremental investment of Rs 8,390 CrG20 finance leaders agree to tax super-rich but forum not yet readyDPIIT promotes green logistics industry balancing economic growth and environmentIndia, US ink pact to stymie illegal trafficking of cultural propertyRailways expands tracks by 31,180 kmFroth in Yamuna river: Delhi complains to Centre against UP and HaryanaGovt to enhance reach of Indian Digital Public InfrastructureFormer BJP Minister says BJP has totally failed as Opposition in KarnatakaGovt provides incentives to small tea growersEU penalises 5 countries for infringing budget rulesI-T-Transaction involving transfer of unutilised shares cannot be deemed to be sale of shares so as to attract levy of Long Term Capital Gain u/s 112: ITATChina says Relations with Japan at critical stageST - Once the activity of appellant that is of forfeituring the amount of earnest money is not a declared service, question of retaining said money as consideration for rendering such service becomes absolutely redundant: CESTATEU medicines regulator disapproves Alzheimer’s new drugSC says no restrictions on voluntary name banners along Kanwar route eateriesFM favours debt reduction but sans affecting economic growthKargil Victory Day: PM warns Pak against practising terrorismChina pumps in subsidies worth USD 41 bn into car sectorMisc - Payments made to Government cannot be deemed to be a tax merely because statute provides for their recovery as arrears: SC CBMisc - Royalty not a tax; royalty is contractual consideration paid by mining lessee to lessor for enjoyment of mineral rights & liability to pay royalty arises out of contractual conditions of mining lease: SC CBMisc - Since power to tax mineral rights is provided for in Entry 50 of List II, Parliament cannot use its residuary powers in this subject matter: SC CBCus - Owner of goods has a liability to pay customs duty even after confiscated goods are redeemed on payment of fine - Interest follows: SC

MESSAGE BOARD

   

CX - By keeping in view commercial necessity of appellant and benevolent nature of Rule 16C of CER, 2002, CCE, Pune-IV to grant permission to appellant under Rule 16C of Rules for FY 2015-2016 - Appeal allowed: CESTAT


Permission under Rule 16 C

As per Circular No. 844/02/2007-CX dated 31.01.2007 provisions of Rule 16C had been introduced in order to iron out the difficulties faced by the trade. Hence there is no plausible reason to deny the permission sought under Rule 16 C and there is no revenue loss at all.
In CCE, Tirunelveli Vs Sterlite Industries (2013-TIOL-545-CESTAT-MAD) it was held that permission under Rule 4(6) is a matter not to be left to the discretion of the executive authority. Any executive authority has to exercise the discretion within the frame work of the laws giving him the power and also judiciously.
It is a stumbling block created by the authorities for the smooth business flow by way of denial of such permissions. It is a paradox when 2015 is celebrated by CBEC as the Year of Tax Payers Services, tax payers are put to harassments of these sorts. There is no wonder why Ease of Doing Business ranking of India is worse than Pakistan. If the Govt really intended in spirit the jargons of Make in India, First Develop India etc, such high handed and wrong bureaucratic decisions should be viewed seriously.

Nitin Bhatt 30/07/2015

 

Back

TIOL Tube Latest

TIOL Tube
Dr. Shailendra Kumar, Chairman, TIOL Knowledge Foundation, addressing the gathering

TOP NEWS


AR not Afar by SK Rahman

VISION 360



Shri Ram Nath Kovind, Hon'ble 14th President of India, addressing the gathering at TIOL Special Awards event.

TII LATEST

TIOLCORPLAWS LATEST