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    February 28, 2007
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    SSI exemption limit raised, expanding central excise relief for small scale industries effective from April.
    The SSI exemption limit under central excise has been raised, expanding the turnover threshold qualifying small scale industrial undertakings for exemption under the SSI scheme, and the amended threshold applies prospectively from the stated implementation date.
    February 28, 2007
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    Valuation for job work: transaction value of principal's sale governs excise duty liability, subject to unrelated parties.
    Valuation for excise on goods manufactured by a job-worker is based on the sale value at which the principal manufacturer sells the goods, replacing cost-plus-job-charge valuation; duty liability remains with the job-worker. If the principal sells for delivery at removal from the job-worker's factory, the transaction value at which the principal sells applies, subject to unrelated parties and sole consideration. If sold from a different place, the normal transaction value of contemporaneous sales by the principal applies under the same conditions.
    February 28, 2007
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    Cenvat credit rules updated to allow education cess credit, tighten documentation, permit limited return rectification and require credit reversal.
    Amendments to the CENVAT Credit Rules, 2004 permit credit of Secondary and Higher Education Cess on inputs and capital goods usable only for education cesses; require prescribed invoice particulars for credit with supervisory discretion to allow credit when certain particulars are missing but goods/services are received and accounted for; allow assessees to rectify returns within a limited period; and mandate reversal of credit for inputs and goods where a product or service becomes exempt or the assessee opts for full conditional exemption, while excluding reversal of input service credit in those cases.
    February 28, 2007
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    Mandatory e payment and expanded definition of duty tighten CENVAT payment and invoicing compliance, with new penalties for fabricated documents.
    The Rules amend the definition of duty to include amounts payable under the CENVAT Credit Rules, allow payment of such amounts with monthly duty dues, mandate electronic payment for high-value payers, require invoices to show the jurisdictional division address, expand remission powers, reduce the minimum monetary penalty, and create penal liability for issuance of CENVAT invoices without delivery or for fabrication of excise and shipping documents that produce ineligible benefits.
    February 28, 2007
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    RSP based assessment expanded to computer and consumer-electronics items, subjecting them to MRP-based central excise duty.
    Extension of RSP based assessment to specified information-technology and consumer-electronics goods brings personal computers, printers, monitors, keyboards, scanners, mice, ink cartridges with print head assemblies, fax machines, modems, and set-top boxes under MRP-based central excise duty by amending the Third Schedule of the Central Excise Act.
    February 28, 2007
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    Excise exemption withdrawal: specified goods and regional pan masala exemption removed, with prior clearances protected if conditions met.
    Withdrawal of excise duty exemptions is announced for a specified list of goods, bringing those clearances under standard excise treatment from the effective date. The earlier regional exemption for pan masala containing tobacco is withdrawn for subsequent clearances, while clearances prior to the effective date remain protected only if they satisfy the conditions of the original notification.
    February 28, 2007
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    Excise duty changes implement sector-specific exemptions and adjusted rates affecting goods from food to cement and tobacco.
    Budget 2007, effective 1 March 2007, introduces targeted central excise exemptions and changes in effective duty rates: full exemptions for specified low-priced food items, certain water treatment devices, biodiesel, memory and optical storage devices; reduced rates for specific consumer goods, textiles inputs and petroleum ad valorem components; extended R&D procurement exemptions subject to registration; revised tobacco specific rates and conditional exemption filing for small unbranded biris; and dual excise rate bands for cement tied to declared retail sale price with assessment rules for bulk and smaller pack pricing.
    February 28, 2007
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    Service tax exemptions for specified providers and deliveries, enabling conditional relief for RWAs, clinical testing, digital cinema and incubators.
    Service tax exemptions introduced in Budget 2007 exempt resident welfare association contributions below a prescribed monthly threshold, technical testing and analysis of newly developed drugs on human participants by contract research organisations, and digital cinema delivery services when content is electronically delivered after encryption; additionally, services by Technology Business Incubators and Science and Technology Entrepreneurship Parks, and certain services within incubatee premises, are exempt subject to prescribed information submission and qualifying conditions.
    February 28, 2007
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    Reverse charge on sponsorship services applies only when the recipient is located in India, shifting liability accordingly.
    Immediate changes: original registration certificate no longer required for amendment; a self certified copy suffices and the department will cancel the earlier original when issuing an amended certificate. Self adjustment of excess service tax is permitted under conditions excluding disputes on law, taxability, classification, valuation or exemptions, limited to adjustments in the succeeding period and subject to intimation to the Superintendent; centralised registration allows broader self adjustment for branch payment delays. A revised ST 3 may be filed within a short prescribed period. From the later effective date, reverse charge on sponsorship services applies only if the recipient is located in India and registration thresholds have been raised by amended notifications.
    February 26, 2007
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    Club services taxability: amendment subjects services provided by clubs or associations to service tax, overriding prior precedents.
    The question is whether services provided by clubs or associations to members are subject to service tax. Earlier tribunal and high court rulings held such member services were not taxable, but those decisions predate a 2005 legislative amendment. The 2005 amendment brought services of club or association within the ambit of service tax for transactions arising after the amendment, thereby changing the tax treatment of member-provided services and overriding earlier precedents for post amendment cases.
    February 12, 2007
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    Job work procedures: prescribed invoice, duty and recordkeeping conditions may increase compliance burdens and litigation risk.
    Removals of inputs and goods for job work are subject to Commissioner imposed conditions per the circular: invoices with date/time left blank, specified duty payment procedures, transmission of invoice copies to the job worker who records date/time before clearance, duty rate fixed at the rate in force on re removal, valuation at the manufacturer's sale value, and mandatory recordkeeping by manufacturer and job worker.
    February 12, 2007
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    Cenvat Credit rule: exemption notifications disapplied where input credit taken, forcing proportionate credit accounting by manufacturers.
    Manufacturers of both dutiable and exempt goods may either apportion Cenvat Credit proportionately on common inputs or take full credit and reverse a prescribed percentage on exempted goods; authorities have accepted both routes. A departmental circular invokes an exclusionary clause in Notification No. 30/2004 CE, stating the notification does not apply where input duty credit has been taken under the Cenvat Credit Rules, thereby restricting the exemption for manufacturers who have availed input credit and leaving proportionate apportionment as the practical option.

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