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    Export of Goods - Refund of Service Tax paid on Services under notification 41/2007 - Where to file the refund claim:
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    The Finance Bill, 2008 received the assent of the President of India on the 10th May, 2008
    Refund of service tax to the exporters under Notification no 41 of 2007 ST to be given by the Central Excise officers
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May 13, 2008
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Landlord liability limited: leasing premises alone does not justify customs penalty where no involvement is shown.
Penalty under section 112 cannot be imposed solely because premises were let out; landlord produced rent agreement and residence proof and lacked material connection to smuggled goods. Conversion of Advance Licence shipping bills to Drawback requires compliance with clause 3(d) and demonstrated non-utilisation conditions. Refunds based on depreciation including duty-paid value are barred by unjust enrichment absent proof duty was not passed on. Proper tariff classification must follow Chapter Notes; the imported brimstone was classifiable under Heading 25.03. High Court must direct tribunal to refer questions of law rather than decide them on a statutory reference.
May 13, 2008
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Interest on delayed duty: fixed daily penal charge struck down, interest limited to statutory monthly rate.
One decision examines the charge on delayed duty, finding the fixed daily penal component invalid and limiting interest on delayed payment to the statutory monthly rate; another treats duty paid high tensile steel straps used to secure fully packed export coils as packing material qualifying as inputs for input credit where received in factory premises and used in dispatch. Additional rulings address abatement under a compounded levy scheme where machinery was non operational due to external seizure; inclusion of non returnable packing materials in assessable value of packaged liquor; and characterization of suppliers issuing only manufacturing instructions as not manufacturers for duty calculation on job work production.
May 13, 2008
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Business auxiliary service classification confirms commission agents fall within its scope, not clearing and forwarding services.
Services of commission agents are treated as business auxiliary service from 1-7-2003; mere procurement of orders for a principal on commission does not amount to providing services as a clearing and forwarding agent, which requires engagement in clearing and forwarding operations. Separately, recipient-based liability for import of services applies only from 1-1-2005; for periods before that date liability could not be fastened on the recipient.
May 13, 2008
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Refund jurisdiction for service tax on exported goods clarified, enabling exporters to know where to file refund claims.
Refund of service tax on services used in the export of goods applies where a merchant exporter cannot avail cenvat credit. Uncertainty existed about the proper jurisdiction for filing and processing such refund claims. Administrative guidelines were issued to clarify the competent jurisdiction for filing and the mechanism for processing refund claims under the refund notification, aiming to remove confusion and facilitate claim submission and adjudication by designated offices.
May 13, 2008
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Tax recovery measures strengthened through task force coordination and procedural steps increased arrears collection efficiency nationwide.
A centrally led Tax Recovery Cell (TAR) and nodal officers executed a structured Action Plan-including nodal/zonal reviews, steps to vacate judicial stays, filing early hearing applications, circulation of favourable orders, immediate enforcement where unrestrained, and ongoing monitoring of field formations-to accelerate recovery of tax arrears in coordination with investigative directorates and field offices.
May 11, 2008
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Customs valuation principles require systematic sequential application of valuation rules before enhancement of declared value.
Claims for refund of warehousing interest are distinct from customs duty and may be refundable; customs valuation demands systematic, sequential application of valuation rules before enhancing declared value; technical assistance and trademark fees not being pre-conditions of sale are excluded from transaction value; settlement is barred where goods are seized on reasonable belief of smuggling; demurrage is not includable in assessable value where CIF includes freight and cannot be retrospectively added.
May 10, 2008
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Service tax on associated enterprise transactions required on accounting crediting or debiting; timing fixes tax liability and reporting.
The Act amends liability for transactions between associated enterprises so that service tax is payable by the person liable even if consideration is not actually received, becoming due on the earlier of crediting/debiting the amount in the books or receipt of payment; Rule 6(1) is clarified to include amounts credited or debited to any account, including suspense accounts, as payment received for taxable services.
May 8, 2008
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Service tax refund procedure assigned to Central Excise; exporters must file claims with Assistant or Deputy Commissioners.
Refund claims for service tax on taxable services used in the export of goods under Notification No.41 of 2007-ST are to be processed by Central Excise formations, and exporters must file such claims with the Assistant Commissioner or the Deputy Commissioner of Central Excise.
May 8, 2008
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Steel price rollback and temporary price hold to address inflation, paired with proposals on exports and input allocations.
Major steel producers implemented immediate domestic price reductions on flat products and on rebars and structurals, applicable to steel consumed in India and held for three months. They requested government consideration of policy measures including no export duty on steel, priority allocation and renewal of iron ore and coal mines and assured gas supply, establishment of clearance-resolution mechanisms, an ad valorem export duty on iron ore for conservation, excise duty reduction on steel passed to consumers, PSU input price reductions and prioritisation of domestic supply, suspension of auctions causing speculative prices, and maintenance of current rail freight classifications. The Prime Minister agreed to examine the proposals.
April 29, 2008
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Price stability and anchored inflation expectations guide policy, with active liquidity management and regulatory reform measures.
The Reserve Bank's policy prioritises Price Stability and anchored inflation expectations while supporting growth, committing to active demand management of liquidity through CRR adjustments and open market operations, preserving flexibility under the LAF, and keeping key policy rates unchanged; concurrently it advances market, credit-delivery and prudential reforms including introduction of STRIPS and currency futures, eased priority-sector mechanisms and strengthened supervisory frameworks for consolidated and cross-border supervision.
April 28, 2008
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Additional customs duty refund allowed within a limited filing period, subject to single-claim rule and unjust enrichment checks.
Refunds of the 4% Additional Duty of Customs must be filed with the Centralized Refund Section and will be acknowledged and listed online. Claims are allowable up to one year from payment, with only a single claim per Bill of Entry; part-quantity claims are restricted. No interest is payable on delayed refunds. Refunds require examination for unjust enrichment, supported by a statutory auditor/chartered accountant certificate where necessary. Only duties paid on or after the notification date qualify, and amounts paid via DEPB scrip should be recredited to the relevant DEPB scrip rather than refunded in cash.
April 27, 2008
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Pre-show cause notice payment of tax and interest bars penalty when bona fide doubt on taxability exists.
Payment of service tax together with interest before issuance of a show cause notice removes the need to initiate penalty proceedings, and a bona fide doubt about taxability constitutes a reasonable cause relevant to declining to impose penalty under the penalty provision.
April 25, 2008
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Entitlement to DEPB confirmed for exports made before withdrawal, using the DEPB rate prevailing on shipment date.
Exports shipped prior to the date of withdrawal or suspension shall receive DEPB benefit at the rate prevailing on the date of shipment, so exports made before issuance of withdrawal notices remain eligible for DEPB.
April 25, 2008
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Service tax refund entitlement for exporters depends on whether taxed services were specified by the notification and its effective date.
Allowance of refund claims concerns exporters' entitlement to reclaim service tax paid on services later specified in the notification; eligibility depends on whether the taxed service is one of the services specified by the notification and the effective date of insertion for that service, with listed services (insurer services, export facilitation services, technical testing and analysis, inspection and certification, transport from inland container depots to port, and specialized cleaning of export containers) treated as covered from the notification's effective date.
April 18, 2008
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Limitation on service tax demands: extended period requires proof of mala fide evasion, otherwise notices are unsustainable.
Section 73(3) requires proof of mala fide evasion before invoking the extended limitation for service tax show cause notices; genuine reasons or bona fide doubt on liability prevent issuance beyond the normal limitation, and a co operative society that is not a commercial concern cannot be treated as such for levy of Security Agency Services, rendering demands confirmed against it unsustainable.
April 17, 2008
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Refund claim timelines: reporting and escalation required when not finalised within short prescribed periods, with priority for small and medium exporters.
CBEC directed field formations to ensure expedited payment of refund claims for service tax attributable to exported goods, instituted a monitoring framework requiring Commissioners to report claims not finalised within an initial short period to the Chief Commissioner and to escalate further-delayed claims to CBEC, and instructed prioritised disposal for small and medium exporters.
April 16, 2008
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Tariff value notification establishes US dollar per tonne reference prices for specified imported edible oils, brass scrap, and poppy seeds.
Notification No. 37/2008-Customs (N.T.) dated 16 April 2008 fixes tariff values in US dollars per metric tonne for specified imports, listing values for edible oils (crude and refined palm oil and palmolein, crude soybean oil), brass scrap (all grades), and poppy seeds to serve as reference import valuation figures for customs clearance.
April 16, 2008
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Supply to SEZs permitted despite cement export ban as such transfers qualify as deemed exports.
A Central export prohibition on cement was modified by a subsequent notification permitting supply of cement to SEZ units because supplies to SEZs are treated as deemed exports, so transfers to SEZs are allowed despite the export ban.
April 15, 2008
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Service Tax Return Preparer Scheme invites stakeholder input on qualifications, selection, training and conduct for preparers.
A committee will frame a Service Tax Return Preparer Scheme to define eligibility, selection, incentives, training and certification, code of conduct, performance review and the manner of preparation and furnishing of service tax returns; stakeholder submissions are invited to inform final scheme modalities.
April 14, 2008
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Evasion of duty: criminal proceedings may be initiated against customs officers where complaint prima facie discloses an offence.
Allegations that a customs officer and others used fictitious firms to claim duty drawback on over invoiced exports and made corroborative statements raised charges under the amended evasion provision which criminalises knowing participation in fraudulent evasion, dealing in goods liable to confiscation, and attempted export of such goods; on a prima facie consideration the court found the complaint discloses an offence and refused to quash proceedings.

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