201502.28
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Proposed Penal Provisions for Service Tax In Finance Bill 2015- Part -I

At par with the penal  provisions in proposed  Section 11AC for excise  , service tax penalty provisions have  also been proposed for substitution via Finance Bill 2015 . Section 76 to deal with evasion of service tax without fraud or collusion or willful misstatement or suppression of facts . It is pertinent to refer to proposed Section…

201502.28
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Indirect Tax Changes -Budget 2015-2016

Change in Rate Central Excise duty to be rounded off to 12.5 % (from 12.36 %) Service tax to be increased from 12.36 % to 14 %. Date of levy of new rate shall be notified after enactment of Finance Bill 2015 Procedure Changes Online Excise and Service Tax registrations in 2 days Digital invoices…

201502.26
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Assessment on Bill Of Entry Cannot Be Subsided by Subsequent Order By An Equivalent Authority

The matter was argued by Shri Anand Mishra, Advocate In CESTAT, Ahmedabad on 12.01.2015 .It is also reported in 2015(316) E.L.T 495 ( Tri-Ahmd)  . The Honourable CESTAT   laid down the following  ratios : There is no bar against pleading a law point at any stage. Subsequent Additional Commissioner could not have modified the order…

201502.25
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Refund of Unutilised Credit under Rule 5 of CCR,2004 by a 100%EOU

The matter was argued by Shri Anand Mishra, Advocate In CESTAT, Ahmedabad on 06.01.2015 . The appeal was allowed by way of remand for refund of unutilised cenvat credit on exports by a 100% EOU . In The Customs, Excise & Service Tax Appellate Tribunal West Zonal Bench At Ahmedabad Appeal No.E/879/2009-SM [Arising out of OIA No.51/2009(Ahd-II)/CE/ID/Commr(A)/Ahd/1772,…