TAXWIZ 1st Oct, 2021 - Swamy Associates
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
TAXWIZ 1st Oct, 2021 Last fortnight had been a happening one, with several notifications and circulars having been issued to implement various recommendations of the 45th GST Council meeting. With every GST council meeting turning out to be a mini budget, professionals and all stakeholders have to spend their mid-night oil to read understand the last minute changes. It would be better if such changes are introduced with sufficient time for the industry to assimilate the changes in their systems. www.swamyassociates.com swamy associates
Table Of Content
1 GST Case Laws
2 Notifications & Circulars
3 GSTN Portal Updates
4 News
5 Customs
6 The Legacy
7 From our Knowledge House
www.swamyassociates.com swamy associatesGST CASE LAWS
UOI VS CUMMINS
1TECHNOLOGIES INDIA PVT
LTD AND OTHERS 2021-TIOL-
245-SC-GST-LB
3
RATEK PHEON FRICTION
TECHNOLOGIES PVT LTD AND
ORS 2021-TIOL-1879-HC-ALL-
GST
Supreme Court did not agree to
the Dept's move to transfer all Taxpayers cannot be saddled
writ petitions filed before various with any civil consequences
High Courts challenging the arising from the non-
Constitutional validity of Section functioning or improper or
16(2)(C), to Supreme Court . irregular functioning of the
Direction given to HCs to dispose GST Portal. Requirement to
the cases expeditiously. obtain evidence of every
SUO MOTO COGNIZANCE FOR attempt made to submit Form
EXTENSION OF LIMITATION GST TRAN-1 or TRAN-2
2M.A. No. 665/2021 in SMW(C)
No. 3 /2020
In computing the period of
introduced by revenue
authorities by way of the
Circular “is arbitrary and
limitation for any suit, appeal, therefore unenforceable” in
application or proceeding, the the absence of any
period from 15.03.2020 till requirement either under the
02.10.2021 shall stand excluded Act or the Rules. HC allows a
and the balance period of batch of petitions permitting
limitation remaining as on the assessees to
15.03.2021, if any, shall become submit/revise/re-revise the
available with effect from Form GST TRAN-1/TRAN-2
03.10.2021. Notwithstanding the manually with the
actual balance period, all persons Jurisdictional officer and in
shall have limitation of 90 days case of no objections, the
from 3.10.21. If the balance period same may be permitted to be
available is more than 90 days filed online.
then the longer period shall apply.
www.swamyassociates.com swamy associatesGST CASE LAWS
4
SRI SHEL SINGH PUROHIT
2021-TIOL-1870-HC-KAR-GST 6GAYATRI AGRO AGENCIES
2021-TIOL-1847-HC-MUM-GST
No reasons are set out for
The confiscation of goods is in
disapproving the TRAN-1 claims by
the nature of mala prohibita as
the ITGRC Committee and since it
contradistinguished from mala
reflects non application of mind,
in se. The HC allows release of
the order cannot be sustained.
goods to owner pending
Petitioner allowed to file revised
confiscation proceeding
TRAN 1 electronically and
subject to payment in terms of
manually.
Sec 130 of CGST Act, 2017.
5
SUNNY MOTORS 2021-TIOL-
1877-HC-ORISSA-GST
7 STERNE INDIA PVT LTD 2021-
TIOL-1853-HC-KAR-GST
In a case of alleged availment
Petitioner could not file TRAN of ITC based on fake invoices,
1 due to some unavoidable HC sets aside provisional
and unforeseen circumstances attachment order of
within the extended due date petitioner's bank account on
and Respondents were the ground that formation of
directed to permit filing of opinion by the Commissioner
TRAN 1 either electronically or cannot be accepted in the
accept the Form manually on absence of substantial
or before 01.11.2021. materials and statement
recorded from the petitioner
cannot form the basis.
www.swamyassociates.com swamy associatesGST CASE LAWS
8 SRI TUTAN SAHA
AND ORS 2021-VIL-679-TRI 11 AMNEAL PHARMACEUTICALS
PVT LTD 2021-VIL-44-AAAR
The impugned order dismissing GST is not applicable on the
the appeal on the ground of activity of collection of
limitation is set aside by the HC employees' portion of amount
based on the Hon'ble SC's by the appellant and paying
Cognizance for Extension of full amount to Canteen
Limitation order. Service Provider as there is no
9
supply.
SHRI TYRES 2021-VIL-693-MAD
Impugned order under Section
73 set aside as the same was not
12 BEML LIMITED 2021-VIL-42-
AAAR
The mere fact of entrustment
of tasks through a single
preceded by Forms GST DRC-01 contract would not make it a
and GST DRC-01A as per Rule ‘composite supply’ under
142 of CGST Rules, 2017. Section 2(30) of the CGST Act
and nature/ substance of the
10 PYARELAL GALAR 2021-VIL-
683-MP
contract must be considered.
Therefore, the supplies made
by each of the four cost
Appeal dismissed exparte as the centers i.e. supply of
counsel did not appear. The HC intermediate cars, installation
remanded the case to the and commissioning, supply of
Appellate Authority to pass fresh spare parts and inspection and
order after hearing the removal of deficiency services
petitioner. respectively, which are not
artificial creation, are to be
considered as independent
supplies of goods and service
and holding the same as
naturally bundled is not
acceptable.
www.swamyassociates.com swamy associatesGST CASE LAWS
13
ADAMA INDIA PRIVATE LIMITED
2021-VIL-355-AAR
No ITC on CSR Activities as the
15B.G.
CONSTRUCTION
SHIRKE
TECHNOLOGY PVT LTD 2021-
VIL-363-AAR
amended definition of CSR
activities in terms of Companies Maharashtra AAR holds that
(CSR Policy) Amendment Rules, managerial and leadership
2021 excluded activities services by
undertaken in pursuance of Registered/Corporate Office to
normal course of business of a its Group
company. Companies/construction sites
registered in different States
14
PETRONET LNG LTD 2021 (9) TMI
1058 - AUTHORITY
ADVANCE RULING, GUJARAT
FOR
(branches) is “supply of service”
in terms of Section 7 read with
entry 2 of Schedule I of CGST
Act, 2017 even when the
Regasification of LNG amounts charges are made on lump sum
to job work service attracting basis.
GST @ 12%.
www.swamyassociates.com swamy associatesNOTIFICATIONS & CIRCULARS
NOTIFICATION - 15.09.2021 to 30.09.2021
NO DATE GIST
35/2021- 24.09.2021 Amendment made to CGST Rules with respect to
Central Aadhar authentication. Aadhar Authentication
Tax made mandatory for filing refund claims and
application for revocation of cancellation of
registration.
ITC-04 to be filed annually for taxpayers having
aggregate turnover of less than Rs. 5 Crores in
preceding FY and it is be filed bi-annually by
others.
With effect from 01.01.2022, filing of GSTR 1 will
be blocked if the GSTR 3B has not been filed by
the registered person in the preceding month.
With effect from a date yet to be notified, refund
to be disbursed in the bank account, which is
linked with the same PAN.
For refund of tax paid under wrong head, refund
can be claimed within 2 years from the date of
payment made in correct tax head
36/2021- 24.09.2021 Specified persons such as Government
Central Departments, PSUs, the person who is not a
Tax citizen of India, etc. who are already registered
under the GST law, are excluded from the
requirement of getting Aadhaar Authentication.
www.swamyassociates.com swamy associatesNOTIFICATIONS & CIRCULARS
NOTIFICATION - 15.09.2021 to 30.09.2021
NO DATE GIST
06/2021- 30.09.2021 Changes in GST rates for various services with
Central effect from 01.10.2021
Tax
Rate
07/2021- 30.09.2021 Changes in exemption from, GST for services with
Central effect from 01.10.2021
Tax
Rate
08/2021- 30.09.2021 Changes in CGST Rates for various goods with
Central effect from 01.10.2021
Tax
Rate
09/2021- 30.09.2021 Exemption to Seeds, fruit & spores used for
Central sowing with effect from 01.10.2021
Tax
Rate
10/2021- 30.09.2021 RCM on essential oils other than those of citrus
Central fruit with effect from 01.10.2021
Tax
Rate
11/2021- 30.09.2021 Concessional rate of GST extended to fortified
Central Rice Kernel for free distribution under schemes
Tax like ICDS.
Rate
12/2021- 30.09.2021 Exemption to specified medicines used in COVID-
Central 19 extended upto 31.12.2021.
Tax
Rate
www.swamyassociates.com swamy associatesNOTIFICATIONS & CIRCULARS
Circular - 15.09.2021 to 30.09.2021
NO DATE GIST
159/15/20 20.09.2021 Clarifies that intermediary does not include a
21-GST person who supplies such goods or services or
both or securities on his own account. Therefore
sub-contracting is not an intermediary service.
160/16/202 20.09.2021 ITC on debit notes pertaining to FY 2020-21 shall
1-GST depend on the date of Debit note.
No physical copy of invoices required to be carried
wherever e-invoicing applicable.
Refund of unutilised input tax credit shall not be
allowed in case where the goods exported out of
India are subjected to export duty. This
restriction shall be applicable only if some export
duty has to be paid at the time of export of goods.
161/17/202 20.09.2021 To clarify that a person incorporated in India
1-GST under Companies Act, 2013 and person
incorporated under the laws of any other country
are to be treated as separate legal entities and
therefore are not merely establishments of
distinct persons”
162/18/20 25.09.2021 Relevant date for refund claim of tax paid under
21- GST wrong head is 2 years from the date of payment
of tax under the Correct head. With respect to old
application , it has been clarified that 2years will
commence from 24.09.2021
www.swamyassociates.com swamy associatesGSTN Portal Updates Advisory for Taxpayers regarding generation of EWB where the principal supply is Supply of services. 1. Representations have been received from various trade bodies stating that they are not able to generate EWB bill for movement of those goods where their principle supply is classifiable as a service, since there is no provision for generating E-way Bill by entering SAC (Service Accounting Code-Chapter 99) alone on the E- way bill portal. 2. To overcome this issue, the taxpayers are advised as below: a) Rule 138 of CGST Rules, 2017, inter alia, states “Information to be furnished prior to commencement of movement of goods and generation of e-way bill.-(1) Every registered person who causes movement of goods of consignment value exceeding fifty thousand rupees….” Thus, E way bill is required to be generated for the movement of Goods. b) Therefore, in cases where the principal supply is purely a supply of service and involving no movement of goods, the e-way bill is not required to be generated. c) However, in cases where along with the principal supply of service, movement of some goods is also involved, e-way bill may be generated. Such situations may arise in cases of supply of services like printing services, works contract services, catering services, pandal or shamiana services, etc. In such cases, e-way bill may be generated by entering the details of HSN code of the goods, along with SAC (Service Accounting Code) of services involved. www.swamyassociates.com swamy associates
GSTN Portal Updates On demand fetching of Bill of Entry details from ICEGATE Portal 1. To help importers of goods, and recipients of supplies from SEZ, search Bill of Entry details, which did not auto-populate in GSTR-2A, a self-service functionality has been made available on the GST Portal that can be used to search such records in GST System, and fetch the missing records from ICEGATE. 2. Please note that it usually takes 2 days (after reference date) for BE details to get updated on GST Portal from ICEGATE. This functionality should, therefore, be used if data is not available after this period. Note: The reference date would be either Out of charge date, Duty payment date, or amendment date - whichever is later. 3. Taxpayers can follow the below steps to fetch the requisite details: Login to GST Portal Navigate to Services > User Services > Search BoE Enter the Port Code, Bill of Entry Number, Bill of Entry Date and Reference Date and click the SEARCH button. Note: The reference date would be either Out of charge date, Duty payment date, or amendment date - whichever is later. If the BoE details do not appear in the Search results, click on the QUERY ICEGATE button, at the bottom of the screen, to trigger a query to ICEGATE. History of fetched BoE details from ICEGATE along with status of query are displayed after 30 minutes from the time of triggering the query. www.swamyassociates.com swamy associates
GSTN Portal Updates
On demand fetching of Bill of Entry details from ICEGATE
Portal
4. For records of type IMPG (Import of Goods), details of: Period
for Form GSTR-2A (system generated Statement of Inward
Supplies); Reference Date; Bill of Entry Details like Port Code, BoE
Number, BoE Date & Taxable Value; and Amount of Tax would be
displayed.
5. For records of type IMPGSEZ (Import of Goods from SEZ),
details of: Period for Form GSTR-2A; Reference Date; GSTIN of
Supplier; Trade Name of Supplier; Bill of Entry Details like Port
Code, BoE Number, BoE Date & Taxable Value; and Amount of Tax
would be displayed.
6. Taxpayers are advised to confirm correct details either from BE
documents, or using ICEGATE portal
7. In case of any problem, please create a ticket at the GST
Helpdesk or GST Self-service portal by including following details:
a. complete details of BE records
GSTIN
BE Number
BE Date
Port Code
Reference Date
b. Screenshot of ICEGATE portal with BE record
c. Any error that they may have encountered while using the
“Search BoE” functionality on GST Portal
www.swamyassociates.com swamy associatesNEWS
• Mumbai: 3 GST inspectors • GST Council’s decision to
among 4 held for stealing correct inverted duty
Rs.11 lakh in illegal raid structure to lesson tax
LINK: https://indianexpress.co burden of apparel
m/article/cities/mumbai/mum industry: AEPC
bai-3-gst-inspectors-among-4-
held-for-stealing-rs-11-lakh-in- LINK:
illegal-raid-7516588/ https://www.freepressjourna
l.in/business/gst-councils-
• Opposition-ruled states decision-to-correct-inverted-
demand extension of GST duty-structure-to-lessen-tax-
compensation regime burden-of-apparel-industry-
beyond June 2022 aepc
LINK:https://timesofindia.ind
iatimes.com/business/india- • Cos get relief from GST
business/opposition-ruled- Council’s clarifications
states-demand-extension-of-
LINK:https://timesofindia.in
gst-compensation-regime-
diatimes.com/business/india
beyond-june-
-business/cos-get-relief-
2022/articleshow/86319188.
from-gst-councils-
cms
clarifications/articleshow/86
356468.cms
www.swamyassociates.com swamy associatesNEWS
• States slam FM’s plan to • Differential GST for
not extend GST coconut oil a “replay” of
compensation after June 2009 excise move
2022 LINK:https://www.thehindu.c
LINK: https://www.business- om/business/Industry/differe
standard.com/article/econo ntial-gst-for-coconut-oil-a-
my-policy/states-slam-fm- replay-of-2009-excise-
plan-to-not-extend-gst- move/article36571724.ece
compensation-after-june-
2022-121091900902_1.html
• IPMA expresses concern • Explained: Why has the
over increase in GST on GST Council decided to
packaging material keep fuels outside the
LINK: ambit of the tax regime for
https://timesofindia.indiati now?
mes.com/business/india-
business/ipma-expresses- LINK:
concern-over-increase-in- https://www.thehindu.com/ne
gst-on-packaging- ws/national/explained-why-
material/articleshow/86375 did-gst-council-refuse-to-
551.cms bring-petrol-diesel-under-its-
ambit/article36605404.ece
www.swamyassociates.com swamy associatesNEWS
• GST ‘s ‘inverted’ problem • Aadhaar authentication
LINK: https://www.thehindubu of taxpayers made
sinessline.com/opinion/gsts- mandatory for claiming
inverted- GST refunds
problem/article36636076.ece
LINK:https://www.livemint.c
om/news/india/aadhaar-
• Govt eyeing Rs. 1.15 lakh
authentication-of-taxpayers-
cr monthly GST mop-up:
made-mandatory-for-
Revenue Secretary
claiming-gst-refunds-
LINK: 11632583385840.html
https://www.thehindubusine • Mining, steel
ssline.com/economy/govt- companies may move
eyeing-15-lakh-cr-monthly- court over GST on
gst-mop-up-revenue- royalty, Licence fees
secretary/article36657292.ec LINK:
e https://economictimes.ind
iatimes.com/industry/indl-
goods/svs/metals-
mining/mining-steel-
companies-may-move-
court-over-gst-on-royalty-
licence-
fees/articleshow/8660215
6.cms
www.swamyassociates.com swamy associatesNEWS
• Field officers are • Maharashtra: ‘Other
recovering GST without charges’ collected by
notice: Industry experts builder to attract 18%
LINK: https://www.business- GST
standard.com/article/econom
y-policy/field-officers-are- LINK:https://timesofindia.ind
recovering-gst-without-notice- iatimes.com/city/mumbai/m
industry-experts- umbai-other-charges-
121093000052_1.html collected-by-bldr-to-attract-
18-
• Bengaluru: Firm evades
gst/articleshow/85963066.c
Rs 13 crore GST by
ms
declaring earnings as
ambulance fee; one held • GST collection for
September crosses Rs.
LINK: 1.17 lakh crore, up
https://timesofindia.indiatim 23% year-on-year
es.com/city/bengaluru/firm- LINK:
evades-13cr-gst-by- https://www.livemint.com
declaring-earnings-as- /economy/gst-collection-
ambulance-fee-1- for-september-crosses-rs-
held/articleshow/86662273.c 1-17-lakh-crore-up-23-
ms yearonyear-
11633069201680.html
www.swamyassociates.com swamy associatesCUSTOMS
CASE LAWS
1
BALLARPUR INDUSTRIES LTD
2021 (9) TMI 1012 - SUPREME
COURT
2
Deepak Gopaldas Bajaj
Hon'ble Madurai Bench of
Madras High Court Order
dated 08.09.2021 in WP (MD)
The Tribunal has not looked into No.4032 to 4034/2018
the merits of the appeals at all
on the facetious ground that the Since admittedly the Show
show cause notice did not Cause Notice dated 17.03.2009
contain any basis to doubt the was issued by the Additional
classification of the goods and Director General of Directorate
that while issuing the notice, the of Revenue Intelligence, Chennai
adjudicating authority had not which culminated in the
examined the classification impugned order-in-original
based on the report of the dated 28.08.2014, the said
laboratory. The findings of the proceedings would not stand in
Tribunal are contrary to the the legal scrutiny and therefore,
record and cannot therefore be it is liable to be interfered with.
sustained. Accordingly, the HC quashed the
impugned order-in-original,
even though the writ petition
filed in 2018 did not contain the
ground of jurisdiction, the said
pleas was taken on the basis of
Apex Court’s decision in the case
of Canon India passed during
March 2021.
www.swamyassociates.com swamy associatesCUSTOMS
CASE LAWS
3 5
SINOCHEM INDIA COMPANY MANGLAM ARTS 2021 (9) TMI
PVT. LTD. 2021 (9) TMI 869 - 969 - CESTAT NEW DELHI
BOMBAY HIGH COURT
The alleged mismatch in
The Hon'ble High Court held that description of goods cannot be
the petitioners had prayed for denied by the Department nor
amendment of BOE to amend actually has been denied that it
the GSTIN and the address in the is the invoice of January, 2015
BOE which is squarely covered only which was compared with
under Section 149 of the Act, both said Invoices of 2014. In
and any deficiency in the system view thereof the initial findings
cannot be used by the that the re-examination report
respondent as a shield so as to did not reveal anything about
deny relief to a party; if indeed the description of goods vis-à-vis
the system does not permit, the Invoice No.FACTU 20150005 are
deficiency has to be covered up apparently wrong on the face of
manually until improvements its record. The said findings of
are effected in the system for Original Authority have been
such amendment. confirmed in verbatim by
Commissioner (Appeals) vide the
4
JAIDEEP ISPAT & ALLOYS PVT.
LTD 2021 (9) TMI 916 - CESTAT
NEW DELHI
Order-under-challenge.
Accordingly, it would be
appropriate to hold that the
Adjudicating Authority below
Refund of differential duty paid has ignored the verification
by utilizing the credit in MEIS report prepared by the
Scrip shall be made in cash. Department itself which is
sufficient reason to falsify the
allegations in the Show Cause
Notice about mismatch.
www.swamyassociates.com swamy associatesCUSTOMS
CASE LAWS
6
770 - CESTAT CHENNAI 7
S.P ASSOCIATES 2021 (9) TMI INDIAN OIL CORPORATION
LTD 2021 (9) TMI 919 - CESTAT
AHMEDABAD
Electronics & Information
Technology Goods (Requirement Even though the amount of
for Compulsory Registration) refund was not shown as
Order 2012 has gone beyond the receivable but it is included in
Act and Rules in imposing a the closing stock as on 31st
restriction from imports. Even March, 2011. The said amount
these restrictions were confined has not become part of
only to printers and plotters. expenditure and therefore,
Multi- Functional Devices were cannot be treated as absorbed
not covered under this order. in the cost of final product. In
The letters and circulars of the the financial year 2011-12
MeitY cannot take the place of admittedly the said amount
law and therefore the goods shown as receivable in the
were not prohibited for import. balance sheet as on 30th
September, 2011. With this fact
it is clear that right from the
closing position of 31st March
till 30th September, 2011 the
amount of refund has not been
absorbed in the cost of final
product. Therefore, the question
of passing of incident of the said
amount does not arise.
www.swamyassociates.com swamy associatesCUSTOMS
CASE LAWS
8
DELHI INTERNATIONAL
AIRPORTS PVT. LTD 2021 (9)
TMI 1130 - CESTAT NEW DELHI
9
JET AIRWAYS (INDIA) LTD
2021 (9) TMI 1134 - CESTAT
CHENNAI
Bare perusal of the Act makes it From the preamble of
clear that the person approved Notification No.46/2017 dated
by competent officer of Customs 30.06.2017 it could be noted
to be the Custodian of goods that whole of additional duty,
lying in customs area is duty integrated tax, compensation
bound for handling of cargo in cess leviable thereon
the Customs area as mentioned respectively under sub-sections
in the sub clause (2)(b) of (1), (3), (5), (7) and (9) of Section
Section 45 till the goods are 3 of Customs Tariff Act, are
removed from the Customs wholly exempt on re-imported
area. As per Section 45(2)(b), air craft engines and parts
the custodian is duty bound to thereof which were exported for
not to permit such goods to be the purposes of repairs/
removed from the customs area reconditioning etc. It is very
except after proper permission. clear that additional duty,
DIAL only has been appointed as integrated tax, compensation
Custodian and even though DIAL cess are exempted and customs
has outsourced the activity to duty would be limited to be
CELEBI, the responsibility of DIAL taxed on the value of the fair
as a custodian continues and cost of repairs carried out
only DIAL has executed including cost of materials used
necessary bond and BG with in repairs, insurance and freight
customs. As such the penalty charges.
imposed on DIAL under Section
117 is proper.
www.swamyassociates.com swamy associatesCUSTOMS
CASE LAWS
10
AVE MARIA ENTERPRISES
2021 (9) TMI 1135 - CESTAT
CHENNAI
On-going through the records of
the case, the provisions of
Section 28 (5) have been fully
complied and have been
endorsed by the authority who
has investigated the case and
issued the show cause notice.
Under these circumstances,
revision of show cause by way of
Corrigendum after such
compliance and subsequent
adjudication of the case is not
permissible. It defeats the very
purpose of the provisions of
Sections 28(5) and Section 28(6)
of the Customs Act, 1962.
Moreover, the penalty was
imposed under Section 114A,
even though the same was not
proposed in the Show Cause
Notice. Therefore, the impugned
order suffers from legal
infirmities and such an order
cannot be upheld.
www.swamyassociates.com swamy associatesIMPORTANT CUSTOMS NOTIFICATIONS & CIRCULARS
CUSTOMS TARIFF NOTIFICATION– 16.09.2021 to 30.09.2021
NO DATE GIST
44/2021 17.09.2021 The rate of BCD on Lentils (Mosur)
originating in or exported from United States
of America is increased from 10% to 20%.
45/2021 29.09.2021 Exemption of goods pertaining to COVID
Vaccines being imported into India with
effect from 01.10.2021.
CUSTOMS NON-TARIFF NOTIFICATION– 16.09.2021 to 30.09.2021
NO DATE GIST
75/2021 23.09.2021 Notifies Electronic Duty Credit Ledger
Regulations, 2021.
76/2021 23.09.2021 Notifies the manner to issue duty credit for
goods exported under the Scheme for
Remission of Duties and Taxes on Exported
Products.
77/2021 24.09.2021 Notifies the manner of issue of duty credit
for goods exported under the Scheme for
Rebate of State and Central Taxes and Levies.
www.swamyassociates.com swamy associatesIMPORTANT CUSTOMS NOTIFICATIONS & CIRCULARS
CVD NOTIFICATION- 16.09.2021 to 30.09.2021
NO DATE GIST
04/2021 24.09.2021 Levy of CVD imposed on import of
Aluminum Wire /Wire Rod in coil form
having diameter ranging from 9 mm to 13
mm from Malaysia for a period of 5 years i.e
until 23.09.2026.
ANTI DUMPING DUTY NOTIFICATIONS- 16.09.2021 to 30.09.2021
NO DATE GIST
52/2021 22.09.2021 Rescinds the levy of ADD on imports of Tyre
Curing Presses also known as Tyre
Vulcanisers or Rubber Processing
Machineries for tyres, excluding Six Day Light
Curing Press for curing bi-cycle tyres
originating in, or exported from China PR.
53/2021 29.09.2021 Continuation of levy of anti-dumping duty
on imports of Colour coated/pre-painted flat
products of alloy or non-alloy steel from
China PR and European Union.
CUSTOMS CIRCULAR- 16.09.2021 to 30.09.2021
NO DATE GIST
21/2021 24.09.2021 States the temporary measure to ease
containers available presently for export of
containerised cargo and with aim of
promoting export of laden marine
containers.
www.swamyassociates.com swamy associatesIMPORTANT CUSTOMS NOTIFICATIONS & CIRCULARS
DGFT NOTIFICATION- 16.09.2021 to 30.09.2021
NO DATE GIST
28/2015- 23.09.2021 Extension in the Export Obligation period of
2020 specified Advance & EPCG Authorisations till
31.12.2021 subject to additional 5% export
obligation.
29/2015- 23.09.2021 List of eligible services and rates under SEIS
2020 for services rendered in the FY 2019-20 is
being notified. A limit on total entitlement
under SEIS has been imposed for service
exports rendered in the period 01.04.2019
to 31.03.2020, and capped at Rs. 5 Cr per
IEC. Further, it has been notified that the
facility to claim benefits under SEIS on
payments in Indian Rupees shall not be
available for services rendered in the FY
2019-20. It is also notified that the deadline
for submission of SEIS applications for FY
2019-20 shall be 31.12.2021 and late cut
provisions for such applications shall not
apply i.e. SEIS applications for FY 2019-20
will become time barred after 31.12.2021.
30/2015- 23.09.2021 Export of Betel leaves to European Union is
2020 now subject to registration with SHEFEXIL,
the designated Competent Authority for
issuance of health certificate instead of
APEDA.
www.swamyassociates.com swamy associatesIMPORTANT CUSTOMS NOTIFICATIONS & CIRCULARS
DGFT NOTIFICATION- 16.09.2021 to 30.09.2021
NO DATE GIST
31/2015- 23.09.2021 Export Policy of Mercury has been amended
2020 from 'Free' to 'Restricted‘.
F. NO. 24.09.2021 The Production Linked Incentive (PLI)
12015/03/2 Scheme for promotion of MMF Apparel,
020-IT MMF Fabrics and Products of Technical
Textiles has been introduced.
32/2015- 25.09.2021 The ports of Ghojadanga LCS (INGJXB) and
2020 Kolkata (INCCU1) have been additionally
included for allowing imports under
Notification No. 20/2015-20 dated
24.08.2021.
33/2015- 28.09.2021 The existing Foreign Trade Policy 2015-2020
2020 which is valid upto 30th September, 2021 is
extended upto 31st March 2022.
DGFT PUBLIC NOTICE- 16.09.2021 to 30.09.2021
NO DATE GIST
25/2015- 28.09.2021 The Hand Book of Procedures, 2015-20
2020 stands extended upto 31.03.2022.
26/2015- 29.09.2021 The deadline to install and operationalize
2020 Radiation Portal Monitors and Container
Scanners in the designated sea ports has
been extended from 30.09.2020 to
31.03.2022.
www.swamyassociates.com swamy associatesIMPORTANT CUSTOMS NOTIFICATIONS & CIRCULARS
DGFT TRADE NOTICE- 16.09.2021 to 30.09.2021
NO DATE GIST
18/2021- 20.09.2021 De-activation of IEC's which have not been
2022 updated after 01.01.2005 in phased
manner.
www.swamyassociates.com swamy associatesTHE LEGACY
1
BANK OF BARODA LTD – 2021
(9) TMI 536 - CESTAT MUMBAI 3
CESTAT NEW DELHI FLEXI CAPS
AND POLYMERS PVT LTD-2021
(9) TMI 917
Taxes included in the CVD and SAD paid during 2018
consideration for availing for regularizing advance
‘brokerage charges’ and authorisation was claimed as
‘custodial charges’ upon buying refund under Section 11B
and selling of ‘securities’ for stands allowed as per Section
compliance with the ratios 142 (3) & (8) of CGST Act,2017.
prescribed for banks in the
4
monetary policy is eligible to be
GUJARAT ALKALIES AND
availed as CENVAT credit.
CHEMICALS LTD - 2021 (9)
GST OFFICERS
TMI 586 - CESTAT
2
MAGMA INDUSTRIES
LIMITED - 2021 (9) TMI 522 -
ALLAHABAD HIGH COURT
AHMEDABAD-
Even though payment of tax
and interest for larger period
SVLDRS- The amount is paid and not contested,
quantified and recorded in since there is no suppression
the statement obtained from of fact or misdeclaration,
the declarant before issuance fraud or intent to evade duty
of SCN is sufficient to settle and the issue is of
the issue under the Sabka interpretation, the penalty
Vishwas Scheme. under section 11AC cannot be
imposed.
www.swamyassociates.com swamy associatesTHE LEGACY
CENTRAL EXCISE AND SERVICE TAX CASE LAWS
5
SUNRISE CONTAINERS LIMITED
-2021 (9) TMI 996 - CESTAT
AHMEDABAD
Legal service - Case filed by
Distiller's Association but bill
received by the appellant -
Cenvat Credit to the extent of
portion of services attributable
to the assessee is eligible.
6
NR AGARWAL INDUSTRIES LTD -
2021 (9) TMI 1193 - CESTAT
AHMEDABAD
Outward transportation of
Hazardous waste generated
during the course of
manufacture is an eligible input
service.
www.swamyassociates.com swamy associatesFROM OUR KNOWLEDGE HOUSE www.swamyassociates.com swamy associates
FROM OUR KNOWLEDGE HOUSE
VIDEO LINK
CBIC Circular 162- Explained https://www.youtube.com/watc
by G. Natarajan, Advocate. h?v=ZsvtPW16vA4
www.swamyassociates.com swamy associatesCONTACT
#18, Rams Flats, Ashoka Avenue
Directors Colony , Kodambakkam
Chennai - 600024.
044-24811147
mail@swamyassociates.com
OTHER LOCATIONS
• Coimbatore • New Delhi
• Bengaluru • Pune
• Hyderabad
www.swamyassociates.com swamy associatesYou can also read
