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Whitepaper – June 2017 Issue: Exports in the GST Regime
This piece attempts to elucidate the provisions and procedure for export of goods under the new Goods and Services Tax (GST) regime……….
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Whitepaper – May 2017 Issue: GST on Import of Goods
At present, imports are subjected to customs duties of various kinds, and some of these are allowed as Cenvat credit (input tax credit) on the basis of the bill of entry evidencing payment of the import duties………
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Whitepaper – April 2017 Issue: Input Tax Credit in GST
Goods and services tax (GST) is likely to be introduced from 1 July 2017. ‘Seamless credit’ is being emphasized by government and industry spokespersons alike as one of the most attractive features of this new system of indirect taxation……..
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Whitepaper – March 2017 Issue: Authorised Economic Operator Scheme in Customs
The customs department is on overdrive to promote the authorised economic operator (AEO) scheme. Seminars and one-to-one meetings are being held to persuade entities to opt in……..
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Whitepaper – February 2017 Issue: Transfer of Incentives in Foreign Trade Policy schemes: Two Decided Cases
Under the Foreign Trade Policy, certain of the export incentives are transferable by the exporter to some other person. This raises questions of the applicability of various taxes to the value of such transferred benefits……..
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Whitepaper – January 2017 Issue: Tightening of Customs Law in Budget 2017
Among the noteworthy changes that take place with effect from the date of enactment of the Finance Bill 2017, several have the effect of more stringent customs law……..
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Whitepaper – December 2016 Issue: Shift of Charge in Service Tax
In the General scheme of Service Tax, the person who provides a service takes a registration, observes the required procedures, and pays the service tax to the government……..
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Whitepaper – November 2016 Issue: New Provisions and their implications on Service Tax
Starting from December 1st 2016 a set of notifications that were issued on 9 November 2016 comes into effect to levy service tax on downloads……
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Whitepaper – October 2016 Issue: Service Tax on Participants in a Joint Venture
It is increasingly common to see business ventures in which two or more entities come together for a common object, towards which each makes its unique contribution…..
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Whitepaper – September 2016 Issue: Re-Import of Exported Goods
Goods that were exported out of India may have to be re-imported for reasons like rejection by customer. This paper deals with the commonly encountered customs and central excise issues relating to such goods….
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Whitepaper – August 2016 Issue: Job Work for Export
India is well known to be a popular outsourcing hub for both manufacture and services. Raw materials or semi-finished goods are commonly sent to India for carrying out specified processes…..
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Whitepaper – July 2016 Issue: Service Tax on Activities Connected to Hiring of Equipment
Heavy equipment required for infrastructure and construction contracts is commonly taken on hire and returned after use….
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Whitepaper – June 2016 Issue: Service of Sub-Contractor – Taxable?
The CESTAT, Hyderabad bench, in an appeal filed by Visesh Engineering, has set aside a demand of service tax on services provided by the appellant as…
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Whitepaper – May 2016 Issue: Warehousing in Customs
Customs bonded warehouses are features of all developed countries, to enable importers to store
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Whitepaper – April 2016 Issue: Royalties and Licence Fees
The “Make in India” campaign has put the spotlight on foreign presence in manufacturing in India. This typically involves an Indian subsidiary to which material is supplied from abroad…
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Whitepaper – March 2016 Issue: Service Tax on Educational Institutions
The Customary post-Budget letter on service tax from the Joint Secretary (TRU) in the CBEC contained certain ‘clarifications’. In paragraph 15.7 of the said F. No. 334/8/2016-TRU dated 29 February 2016,…
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Whitepaper – Februrary 2016 Issue: Budget 2016 – Changes in Cenvat Credit Rules 2004
Several beneficial changes have been made in the Cenvat Credit Rules 2004 in this budget to be effective from 1 April 2016…
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Whitepaper – January 2016 Issue : EOU – Exemption for DTA Sale of Products Made of Indigenous Material
This paper looks at the chequered history and latest Supreme Court ruling on the exemption for DTA sales of EOUs which is conditional on the product being wholly made of indigenous raw material…
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Whitepaper – December 2015 Issue: Transfer of Right to Use Goods: VAT or Service Tax?
If a company allows another to use its trade mark, does this attract service tax, or VAT / Central Sales Tax, or both? The problem is historical…
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Whitepaper – November 2015 Issue: Export of Exempted Goods
Generally a manufacturer-exporter can take Cenvat credit on the inputs and services used for manufacture of the export goods and claim refund…
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Whitepaper – October 2015 Issue: Prosecution and Arrest – Customs, Central Excise and Service Tax
The threat of arrest is much misused in customs, excise and service tax. It is therefore salutary to have clarity on when arrest is actually possible….
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Whitepaper – September 2015 Issue: Reimbursements – Service Value and Cenvat Credit
Two kinds of costs are commonly clubbed under the term ‘reimbursements’….
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Whitepaper – August 2015 Issue: Service Tax on Works Contract
The taxation of composite contracts involving services and goods has always been complex and prone to litigation…
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Whitepaper – July 2015 Issue: Excise storm in textile sector (and elsewhere too)
Three notifications issued on 17 July 2015 amended existing exemption notifications by inserting a condition…
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Whitepaper – June 2015 Issue: Goods Transport Agency Tax Paying Liability
Service tax on transportation of goods by road has never been a smooth ride. It was first introduced in 1997 as tax on…
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Whitepaper – May 2015 Issue: Goods and Service Tax (GST) in India
The present essay looks at the salient features of the proposed GST and how it is different from the current system…
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Whitepaper – April 2015 Issue: Indenting dealers – Need for Central Excise registration
A recent amendment to Rule 11 of the Central Excise Rules 2002 has set the cat among the proverbial pigeons. Excise ranges are trying…
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Whitepaper – March 2015 Issue: Relevant date for deciding whether mandatory pre-deposit is applicable
The Kerala High Court, in the case of Muthoot Finance Limited, ordered the appeal to be heard without the mandatory pre-deposit. This was…
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Whitepaper – February 2015 Issue: Place of removal for central excise and Cenvat credit
Under section 4 of the Act, if the goods are sold to unrelated parties for delivery at the time and place of removal, the…
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Whitepaper – January 2015 Issue: Goods & Services Tax: The proposed new Article 246A of the Constitution.
The present constitutional framework for indirect taxation and the changes proposed in the 122nd constitutional amendment…
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Whitepaper – November 2014 Issue: Destruction / Rejection: Excise duty implications.
If there is a hiccup at any point in the sequence, the issue of payment or refund of excise duty raises many legal questions. The normal procedures can be…
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Whitepaper – October 2014 Issue: Reverse Charge Update.
The directors of the retail chain were shocked to receive a notice from the service tax department demanding a large amount…
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Whitepaper – August 2014 Issue: Non-Money Consideration.
The Supreme Court may not have intended this – but its landmark judgment in the Fiat case (CCE versus Fiat India Private Limited…
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Whitepaper – July 2014 Issue: Services Provided through Third Parties.
Many services contracted to be provided by ‘A’ to ‘B’ are actually delivered by a third party ‘C‘. A telephonic helpline is typically one such service…
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Whitepaper – May 2014 Issue: Demystifying options for exempted goods / services.
The Cenvat credit scheme is devised to neutralise the cascading effect of tax on tax. Therefore it is applicable only if the final product is exigible to excise duty / service tax. However, as in real life…
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Whitepaper – January 2014 Issue: Handling uncertainty in service tax liability.
After the closure of the VCES amnesty period, the backlash has begun. Arrests for evasion of service tax have been reported from all parts of the country. The business community is understandably…
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Whitepaper – November 2013 Issue: Dealership Agreements – Excise Duty and Service tax.
A dealership is a business entity authorized to sell the principal’s products in a specified area. It operates by purchasing and reselling the products from the principal. Certain clauses are found in…
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Whitepaper – March 2013 Issue: Bundled Services.
The concept of ‘negative list’ for the taxation of service came in July 2012 with the hope of simplification: no more taxability or rate of tax issues, we thought – everything is taxable. The reality turned out to be…
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Whitepaper – February 2013 Issue: Job work for exempted goods.
Any large manufacturing enterprise outsources some processes, for reasons of the labor-intensive nature of the process, or the space that it requires, or for other operational or commercial reasons…
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Whitepaper – January 2013 Issue: Voluntary payment provision in the central excise, customs & service.
The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity…
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Valuation in Service Tax Rule 5(1) of the Valuation Rules.
The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity…
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EPCG Scheme (Export Promotion Capital Goods).
The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity…
