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Issue Id: 109605
Dear All,Could you please give your views in the following situation on applicability of central excise duty or not?A Ltd. is the manufacturer of ...
Read Full Issue Central Excise
Issue Id: 109590
Dear All,We are in the process of De-bonding of our 100% EOU unit. On De-bonding is it required to pay duty for capital assets acquired, during the ...
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Showing 1 to 5 of 5 Results
Trading activity classified as exempted service can create an additional service tax liability on the value of trading disposals.
Classification of trading as an exempted service makes manufacturers effecting "sale as such" subject to Rule 6(3) compliance: maintain segregated accounts for inputs and input services or follow prescribed alternative payments; valuation for trading is the excess of sale price over cost of goods sold or a specified percentage of cost of goods sold, whichever is higher, thereby creating an additional service-tax payment obligation tied to the value of trading. (AI Summary)
Service Tax
Reverse charge liability can require service receivers to pay tax despite small service provider exemption, unless turnover based relief applies.
Small service provider exemption removes the provider's direct service tax liability where turnover is below the threshold, but when reverse charge applies the obligation shifts to the service receiver, who must pay tax on the full value unless specific turnover based relief for receivers in the preceding year is provided; thus provider exemption does not by itself prevent tax collection under reverse charge. (AI Summary)
Service Tax
Reverse charge on goods transport services hinges on who pays freight and documentary consignment links determining tax liability.
Liability for service tax on road goods transport depends on who is treated as the service recipient and who pays freight: the person who pays or is liable to pay freight in the taxable territory is deemed the recipient, but specified classes (factories, registered societies, cooperative societies, registered excise dealers, bodies corporate, partnership firms) are excluded from reverse charge. A goods transport agency is any person issuing a consignment note for transport by road; if freight is paid to someone other than a GTA the notification does not apply. Documentary connectivity and consignment-note issuance determine whether the transporter or another party must discharge service tax. (AI Summary)
Service Tax
Corporate Identity Number requirement: include CIN on business letters, notices and official publications to ensure statutory compliance.
Section 12(3)(c) requires companies to print their name, registered office address and Corporate Identity Number, plus contact details if any, on all business letters, billheads, letter papers, notices and other official publications; non compliance attracts a daily penalty under section 12(8). The guidance explains that business letters, billheads (invoices), notices and official publications normally include letterheads, external emails and sale invoices, which therefore should carry the CIN, while name boards, internal emails and employee business cards generally need not unless they amount to official publications. (AI Summary)
Corporate Laws / IBC / SEBI
Export documentation: standard procedural steps to obtain shipping bill, EP copy and bank realisation certificate for export benefits.
Primary documentary requirements for export clearance include commercial invoice, packing list, ARE 1, SDF, Annexure C1, Certificate of Country of Origin and any CT1 or fumigation certificates, prepared in multiple copies. The CHA files the shipping bill; customs issues the exchange control copy and let export order enabling carriage and bill of lading issuance. After departure the carrier files the EGM and customs issues the EP copy of the shipping bill. Submission of commercial invoice, bill of lading, FIRC, EP copy, insurance and covering letter to the authorised dealer results in issuance of the Bank Realisation Certificate (BRC/eBRC), which enables claims for export incentives. (AI Summary)
Customs - Import - Export - SEZ