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    Service Tax on Hire Purchase Transactions - Impact of increase in Service Tax Rate
    A circular which is in direct conflict with the notification - a settled issue is once again unsettled
    Customs & Central Excise Revenue collection for the month of July 2008
    Tariff Value of edible oils, brass Scrap and Poppy seeds notified
    Clarification regarding IEC in case of EOU converts into DTA unit or DTA units converts into EOU
    Goods imported from Kingdom of Cambodia and The United Republic of Tanzania shall be subject to concessional rate of duty (Duty free tariff preference...
    Export of Goods and Services- Direct Dispatch of Shipping Documents Realisation and Repatriation of Export Proceeds - Liberalisation
    Excise Duty exemption for goods for Ultra Mega Power Projects
    Goods Transport by Road - Confusions - Classification of Composite Services
    24 FDI Proposals Approved
    Refund of Additional Duty of Customs - Now refund application can be filed within one year
    FEMA - amendments
    Tariff value of edible oils, brass scrap and poppy seeds notified
    Boa for SEZ recommends grant of 23 formal and 6 in-principle approvals
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    August 26, 2008
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    Service tax on hire purchase: tax point is service provision, not later collections, so rate change doesn't apply retroactively.
    The dispute concerned whether an enhanced service tax rate applies to receipts collected after a rate increase under hire purchase agreements entered earlier. The tribunal applied the administrative principle in the CBEC circular that the Time of Taxation is the provision of the service, not later receipts, and therefore declined to apply the higher rate to collections attributable to services provided before the increase.
    August 17, 2008
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    Effect of administrative circulars: statutory notifications prevail, preventing circulars from imposing or restricting exemption conditions.
    The primary issue is whether an administrative circular can alter or restrict a statutory notification; earlier rulings enforced board circulars as binding departmental interpretation, but later decisions and tribunal practice hold that a circular cannot take away from or whittle down a statutorily issued notification, so where a circular directly conflicts with a notification the notification governs and administrative circulars cannot impose new conditions or limit the notification's scope.
    August 17, 2008
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    Revenue collection growth: provisional Customs, Excise and Service Tax receipts reported with comparative prior-year increases.
    Provisional monthly and year-to-date receipts for Customs, Central Excise and Service Tax are reported with corresponding prior-year comparisons and percentage growth rates; Customs shows lower monthly collections but positive year-to-date growth, Excise shows reduced monthly collections with modest year-to-date increase, and Service Tax displays significant monthly and year-to-date growth. The release is factual and excludes cess not administered by the Department of Revenue.
    August 17, 2008
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    Tariff value notification updates import valuation benchmarks for edible oils, brass scrap and poppy seeds affecting customs assessment.
    Notification No.101/2008-Customs (N.T.) dated August 14, 2008 fixes tariff values in US$ per metric tonne for import valuation of specified edible oils, brass scrap (all grades) and poppy seeds. The schedule notes that several edible oil entries remain unchanged and sets distinct tariff benchmarks for brass scrap and poppy seeds to be used by customs for assessment at import clearance.
    August 14, 2008
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    Import-export code change: IEC cancelled on EOU-to-DTA conversion and fresh IEC issued against same PAN.
    Where a 100% EOU with an IEC granted by the Development Commissioner converts into a DTA unit, the existing IEC shall be cancelled and archived; a fresh IEC will be issued to the same PAN by the concerned Registering Authority, and subsequent modifications to the new IEC shall be carried out by that Registering Authority.
    August 14, 2008
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    Duty free tariff preference applies to imports from Cambodia and Tanzania under origin determination rules.
    Goods imported from the Kingdom of Cambodia and the United Republic of Tanzania are eligible for a concessional rate of duty through a Duty Free Tariff Preference for Least Developed Countries. The Central Government issued a notification granting partial exemption from basic customs duties on such imports and separately notified Rules titled Customs Tariff (Determination of Origin of Products under the Duty Free Tariff Preference Scheme for Least Developed Countries), which set the origin criteria and procedural framework for qualification.
    August 14, 2008
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    Direct dispatch of shipping documents: banks may regularize exporters' direct shipments subject to prescribed conditions for repatriation.
    The Reserve Bank has liberalised export documentation by permitting concerned banks to regularize direct dispatch of shipping documents from exporters to consignees for qualifying shipments, subject to specified conditions to safeguard realisation and repatriation of export proceeds; this extends prior limited exceptions (including SEZ units and advance payment or regular-customer cases) and operates under the Foreign Exchange Management export regulations and the RBI master circular on exports.
    August 14, 2008
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    Central Excise Duty exemption for goods in ultra mega power projects following tariff-based competitive bidding and conditions.
    Central Excise Duty exemption applies to goods procured for Ultra Mega Power Projects using super critical coal thermal technology where power procurement is tied to tariff-based competitive bidding; coverage is limited to projects under the Government of India initiative meeting an installed-capacity threshold, subject to prescribed conditions and effective from Notification No.46/2008-CE dated 14 August 2008.
    August 7, 2008
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    Classification of transport services: CBEC circular treats composite road transport as GTA, affecting CENVAT credit availability.
    CBEC Circular No. 104/07/2008-ST classifies composite road transport services, including packing and time sensitive deliveries under consignment note, as Transport of Goods by Road (GTA) irrespective of billing. This classification may conflict with the statutory priority for specific services such as courier and cargo handling when a service could fall within multiple categories; the Board's circular is binding on revenue officers, producing distributional effects on CENVAT credit availability and prompting potential legal challenges by credit eligible recipients.
    August 6, 2008
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    Foreign Direct Investment approvals announced, with multiple sectoral approvals, several deferrals and two rejections following regulatory review.
    The Finance Minister approved 24 FDI proposals across multiple sectors following FIPB recommendations, authorising subsidiary formations, equity acquisitions, joint ventures, downstream investments via conversions to operating cum holding companies, issuance of partly paid shares and convertible warrants, and ex post facto regularisations. Several approvals invoke Press Note 1 of 2005. Eleven proposals were deferred for further scrutiny, and two proposals were rejected, one for an early repatriation share transfer and one for raising foreign equity in telecommunication services. The notice differentiates approvals involving fresh equity inflows from those restructuring existing foreign participation.
    August 4, 2008
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    Refund limitation for additional customs duty now requires claims within one year after payment where VAT was paid.
    Amendment by Notification No.93/2008 prescribes a one-year limitation for filing refund applications for additional duty of customs where the importer-cum-trader has paid sales tax/VAT on resale; Notification No.102/2007 allowed such refunds without a deadline, and Circular No.6/2008 sets the procedural framework for processing these refunds.
    August 4, 2008
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    Foreign currency account permission expanded; advance remittance rules for rough diamond imports widened; EEFC interest facility withdrawn.
    Foreign companies with Project Offices in India may open an additional foreign currency account to manage currency exposure. Advance remittances for rough diamond imports from specified mining companies are permitted without limits and without bank guarantee or standby letter of credit, with two more companies added to the eligible list. The facility allowing exporters to earn interest on EEFC accounts has been withdrawn effective 1 November 2008.
    August 2, 2008
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    Tariff values set for edible oils, brass scrap and poppy seeds, establishing customs import valuation benchmarks.
    Notification No.99/2008-Customs (N.T.) fixes tariff values in US dollars per metric tonne for specified import goods. It lists chapter headings and descriptions-including crude palm oil, palmolein variants, RBD palm oil, crude soybean oil, brass scrap (all grades) and poppy seeds-and provides the corresponding tariff value for each item, with several edible oil entries noted as showing no change, thereby establishing administrative valuation benchmarks for customs assessment.
    August 2, 2008
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    SEZ approvals advance for IT, biotech, manufacturing and aviation projects across multiple states, including multi product and warehousing zones.
    Board of Approval recommended grant of formal and in principle approvals for establishment of Special Economic Zones across multiple states and sectors, including IT/ITES, Electronic Hardware, Biotechnology, Textiles, Light Engineering and Non conventional Energy. The Board also recommended conversion of certain in principle approvals to formal approvals and granted a formal approval for a large multi product SEZ in Tirunelveli district, Tamil Nadu, to be developed by a joint venture company.

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