Supply
of goods to merchant-exporter constitutes ‘export clearances’, not includible
in aggregate turnover for purpose of SSI exemption; CESTAT notes that CBEC
Circular No. 648/39/2002-CX allows SSI units to export goods either directly or
through merchant exporter and documents prescribed by Sales Tax Dept. viz. Form
H / equivalent Forms, are acceptable as proof of export; States that CBEC has
very consciously prescribed such Forms as proof of export for the reason that
they are issued by Dept. only in respect of those goods which are exported;
Therefore, interpretation of Adjudicating Authority that goods should have been
directly exported from factory of manufacturer (i.e. assessee) is very narrow
and defeats the entire objective of simplified export procedure prescribed by
the Board, states CESTAT; Accordingly, observes that if the supplies made by
assessee get correlated with details in said Sales Tax Forms, same must be
accepted and certificates issued by merchant exporter fortifying assessee’s
claim cannot be simply brushed aside : Mumbai CESTAT
Subscribe to:
Post Comments (Atom)
Taxation of Intangible assets acquired through business restructuring.
1. Background 1.1 When a company aims to acquire another company's business through amalgamation or demerger, assets or ...
-
LEASE-DEED (A brief Introduction) Lease defined. A lease of immovable property is a transfer of a right to enjoy such property, mad...
-
A new website launched for TDS related matters www.tdscpc.gov.in TRACES – T DS R econciliation A nalysis and C orrection E nabling S yste...
-
Particulars in Part 1 and Part 2 of Step-2 of registration form are required to be exactly the same as reported in the TDS statement. Plea...
-
· Mumbai ITAT in the case of Mukesh Harilal Mehta held that Exemption U/S 54 cannot be denied merely due to mistake by the developer.
-
Earlier this year, the Mauritius Government approved the amendment to the India – Mauritius tax treaty, aligning it with the proposal of th...
-
This Tax Alert summarizes a recent instruction issued by the SEZ Division, Department of Commerce, clarifying various concerns relating t...
-
Slump sale is transfer of one or more business undertakings for a lump sum consideration, without assigning individual values to the each...
-
This Tax Alert summarizes a recent judgement of the Delhi High Court (HC) [1] dealing with the issue of denial of input tax credit (ITC) ...
-
Introduction The law relating to companies is laid down in Companies Act, 2013 and the rules made thereunder and t...
-
An eminent concern within the GST framework pertains to the entitlement of Input Tax Credit (ITC) concerning expenditures associated with In...
No comments:
Post a Comment