Seeks to prescribe the due dates for furnishing of FORM GSTR-1 for those taxpayers with aggregate turnover upto ₹ 1.5 crores for the months of April, May and June, 2019.

GST – 11/2019 Central GST (CGST) – Dated:- 7-3-2019 – Government of India Ministry of Finance (Department of Revenue) Central Board of Indirect Taxes and Customs Notification No. 11/2019 – Central Tax New Delhi, the 7th March, 2019 G.S.R. 193 (E).- In exercise of the powers conferred by section 148 of the Central Goods and Services Tax Act, 2017 (12 of 2017) (hereafter in this notification referred to as the said Act), the Central Government, on the recommendations of the Council, hereby notifies the registered persons having aggregate turnover of up to 1.5 crore rupees in the preceding financial year or the current financial year, as the class of registered persons, who shall follow the special procedure as mentioned below for furnishing

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Seeks to prescribe the due dates for furnishing of FORM GSTR-1 for those taxpayers with aggregate turnover of more than ₹ 1.5 crores for the months of April, May and June, 2019.

GST – 12/2019 Central GST (CGST) – Dated:- 7-3-2019 – Government of India Ministry of Finance (Department of Revenue) Central Board of Indirect Taxes and Customs Notification No. 12/2019 – Central Tax New Delhi, the 7th March, 2019 G.S.R. 194 (E). – In exercise of the powers conferred by the second proviso to sub-section (1) of section 37 read with section 168 of the Central Goods and Services Tax Act, 2017 (12 of 2017) (hereafter in this notification referred to as the said Act), the Commissio

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Seeks to prescribe the due dates for furnishing of FORM GSTR-3B for the months of April, May and June, 2019.

GST – 13/2019 Central GST (CGST) – Dated:- 7-3-2019 – Government of India Ministry of Finance (Department of Revenue) Central Board of Indirect Taxes and Customs Notification No. 13/2019 – Central Tax New Delhi, the 7th March, 2019 G.S.R. 195 (E).- In exercise of the powers conferred by section 168 of the Central Goods and Services Tax Act, 2017 (12 of 2017) (hereafter in this notification referred to as the said Act) read with sub-rule (5) of rule 61 of the Central Goods and Services Tax Rules, 2017 (hereafter in this notification referred to as the said rules), the Commissioner, on the recommendations of the Council, hereby specifies that the return in FORM GSTR-3B of the said rules for each of the months from April, 2019 to June, 2019,

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The limit of threshold of aggregate turnover for availing Composition Scheme u/s 10 of the CGST Act, 2017 extended to ₹ 1.5 crores. [For certain Hill States, it is ₹ 75 lakhs]

GST – 14/2019 Central GST (CGST) – Dated:- 7-3-2019 – Government of India Ministry of Finance (Department of Revenue) Central Board of Indirect Taxes and Customs Notification No. 14/2019 – Central Tax New Delhi, the 7th March, 2019 G.S.R. 196 (E).- In exercise of the powers conferred under the proviso to sub-section (1) of section 10 of the Central Goods and Services Tax Act, 2017 (12 of 2017) (hereinafter referred to as the said Act),and in supersession of the notification no 8/2017- Central Tax, dated the 27th June, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 647 (E), dated the 27th June, 2017, except as things done or omitted to be done before such supersession, the Cen

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i) Tripura, (viii) Uttarakhand: Provided further that the registered person shall not be eligible to opt for composition levy under sub-section (1) of section 10 of the said Act if such person is a manufacturer of the goods, the description of which is specified in column (3) of the Table below and falling under the tariff item, sub-heading, heading or Chapter, as the case may be, as specified in the corresponding entry in column (2) of the said Table, namely:- TABLE Sl. No. Tariff item, sub-heading, heading or Chapter Description (1) (2) (3) 1. 2105 00 00 Ice cream and other edible ice, whether or not containing cocoa. 2. 2106 90 20 Pan masala. 3. 24 All goods, i.e. Tobacco and manufactured tobacco substitutes. Explanation. – (i) In this T

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Shri Rahul Sharma, Director General of Anti-Profiteering, Indirect Taxes & Customs Versus M/s. Cloudtail India Pvt. Ltd.

2019 (3) TMI 430 – NATIONAL ANTI-PROFITEERING AUTHORITY – TMI – Profiteering – printing cartridges – benefit of reduction in the GST rates not passed on – section 171 of the CGST Act, 2017 – Held that:- It is clear that anyone alleging profiteering can file a complaint. So it is not necessary that the complainant has to purchase the products, Moreover, all the details are available so the question of not considering the compliant do not arise at all. Even the MRP that is manually written happens to be correct MRP as admitted by the respondent. Therefore, the Standing Commitee has rightly forwarded the same the DGAP and the DGAP has accordingly completed its investigation and filed his report.

In the present case, we are concerned with the supplier and the supplier is the respondent who has increased the price even after reduction of GST rate of tax. The passing of the benefit by the distributor or retailer does not rest on the fact that the manufacturer or his supplier should ha

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SHAH, TECHNICAL MEMBER Present:- Mr. Rahul Sharma and Mr. Sachin Taparia for the Applicant No. 1. Ms. Gayatri Verma, Deputy Commissioner, DGAP for the Applicant No. Ms. Sheena Saveen Sr. Manager, Deloitte, Mr. Ankit Mundra Sr. Tax Manager, Cloudtail India Pvt. Ltd., Mr. Mahesh Jaisraj CA Partner, Deloitte, and Ms. Sangita Prakash CA Manager, Deloitte for the Respondent. ORDER 1. The brief facts of the case are that under Rule 128 of the CGST Rules, 2017, a complaint dated 17.05.2018 was filed by the Applicant No. 1 against the Respondent before this Authority alleging that the Respondent had not passed on the benefit of reduction in the GST rate applicable to the printing cartridges (HSN 8443) from 28% to 18% w.e.f. 15.1 1.2017 and had increased their base price, therefore there was no reduction in the price (inclusive of GST @ 18%) charged from the recipients. In support of his allegation, the Applicant No. 1 had submitted copies of the two sale invoices of HP 678 L0S24AA Combo Pack I

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itted that the benefit of reduction in the rate of tax had not been passed on to the recipients by way of commensurate reduction in the price. The Respondent was also asked to suo-moto determine the quantum of benefit not passed on, if any, and indicate the same in his reply to the notice. The DGAP sought extension to complete the investigation, which was extended upto 07.10.2018 by this Authority vide order dated 07.09.2018 in terms of Rule 129 (6) of the CGST Rules, 2017. 4. The DGAP has also stated that, in response to the notice the Respondent vide letter dated 06.08.2018 submitted that he was a retailer and sold the products manufactured by other vendors; that he had no control over the MRP affixed by the manufacturer/ importer; that the manufacturer/ brand-owner (HP) had changed the MRP during the period between July 2017 to December 2017, that HP had first increased the MRP on account of increase in the tax rate from 5% (VAT) to 28% (GST) and also on account of imposition of Cus

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of discount would not amount to profiteering. 5. The DGAP has also informed that the Respondent had submitted the following documents: List of all GST registrations. Details of invoice-wise outward taxable supplies of the said product (other than zero rated) from 01.11.2017 to 31.07.2018 along with certified summary of the same. Copies of GSTR-1I and GSTR- 3B for the period November, 2017 to July, 2018. Copies of two sample sale and purchase invoices of the goods under investigation for the period from July, 2017 to July, 2018. The Respondent also submitted that they had not purchased this product after December, 2017. 6. The DGAP in its report has further informed that during the period between 01 .10.2017 to 31.12.2017, the Respondent had sold 16,248 units of the above product whereas the sales figure had dropped to only 251 units during the period from January, 2018 to July, 2018. An e-mail dated 06.09.2018 was sent to the Respondent by the DGAP to indicate the reasons behind such

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period 01 .10.2017 to 14.11.2017) to ₹ 887.90 (average base price for the sales made during the period 15.11.2017 to 31.07.2018). The Report has also noted that the two invoices referred above showed that the Respondent had offered similar discount of 5%, as earlier, on the increased base price after GST rate reduction w.e.f. 15.1 1.2017. Thus, by increasing the base price of the said goods and also by increasing the cum-tax price charged from the recipients post GST rate reduction, the benefit of GST rate reduction was not passed on by the Respondent to the recipients. 8. The DGAP's Report has also stated that the profiteered amount during the period w.e.f. 15.1 1.2017 to 31.07.2018 came to ₹ 10,79,813.28 The details of which are furnished in the table below:- Product Sales 01.10.2017 to 14.11.2017 (GST@28%) during Sales during 15.11.2017 to 31.07.2018 (GST@18%) Commensurate Price Profiteering (Rs.) Total Profiteering Avg. Base after Discount (Rs.) Qty. Sold Avg. Base

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2018 Mr. Rahul Sharma and Mr. Sachin Taparia appeared on behalf of the Applicant No. 1 while the DGAP was represented by Ms. Gayatri Verma, Deputy Commissioner, and the Respondent was represented by Ms. Sheena Saveen, Sr. Manager Deloitte, Mr. Ankit Mundra, Sr. Tax Manager Cloudtail India Pvt. Ltd., Mr. Mahesh Jaisraj CA, Partner Deloitte and Ms. Sangita Prakash CA, Manager Deloitte. On the request of the Respondent, further hearings were granted on 26.11.2018 and 05.12.2018. 11. The Respondent has filed detailed written submissions on 22.11.2018 and 29.11.2018. In his submissions dated 22.11.2018, referring to the DGAP Report, the Respondent has submitted that he had already filed his reply vide his letter dated 06.08.2018 before the DGAP. In addition, he had made the following submissions with respect to the Report submitted by the DGAP. He has claimed that the DGAP has framed the Report on certain assumptions which were incorrect and several key aspects and facts having bearing on t

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application is given below: 13. The Respondent has also stated that in the Letter sent to the Members of the Standing Committee on Anti-Profiteering by the Secretary (NAA) vide his letter 22011/NAA/20/2018/122, dated May 18, 2018, this fact had been reconfirmed. The Respondent has also enclosed extract of the relevant portions of the letter which is reproduced below:- Sub – Information received by NAA regarding profiteering by HP Printer- reg. Please find attached herewith a complaint against HP printers regarding increase in unit price of HP Printer canridge (via Amazon) having the unit price as ₹ 688/- on 4.10.17 and after GST reduction from 28% to 18% unit price on 09.12.2017 was ₹ 911/- 14. He has also claimed that in the Minutes of the Standing Committee Meeting held on May 25, 2018, the application filed against M/S HP Printers has been discussed and forwarded for further investigation although the above Applicant had not made any specific allegations against the Resp

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8.00 Actual price difference (42.59) 68.27 Price difference % on sales price (6.51%) 7.88% Price difference % on MRP (3.96%) 5.90% *Exclusive of GST/ taxes 15. The Respondent referring to the two invoices (shown in the table given above) filed by the Applicant No. 1 has also claimed that he had no control over the MRP affixed by the Brand owner i.e. HP India and he was just a retailer dealing with the products manufactured or imported by the brand owner. He has further claimed that the product in question had not been imported by him. Quoting the circulars of the Legal Methodology department, he has claimed that as per the provisions of the Legal Metrology Act, 2009, it was the duty of the manufacturer/ importer to determine the MRP and to affix MRP label on the products. He has further submitted that the MRP of the product was changed by HP India the brand owner on two occasions. The MRP was ₹ 1076 upto 30th June 2017 (pre-GST), from 01.07.2017 to 14.11.2017 the MRP was increase

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as well. He has further claimed that the Applicant No. 1 must have purchased the product only when the MRP of the product was ₹ 1,076 and subsequently when it was revised to ₹ 1,158 and there did not seem to be a purchase made by the Applicant when the MRP was increased to ₹ 1,239. Thus, the Applicant was unaware of the fact that there was an increase in the post-GST MRP and the sale price by HP India to ₹ 1,239 and this fact was ignored by the DGAP in his Report in spite of furnishing a certificate obtained from the brand owner about change in MRP. He has also furnished the details of pre and post GST MRPs as under:- Particulars Pre-GST Post-GST (w.e.f. 01.07.2017) Post-GST (w.e.f. 15.11.2017) Basic Customs Duty – 5% 5% Countervailing duty ( CVD ) 10%* – VAT 5% – GST – 28% 18% Effective pre-GST incidence of taxes 15.5% – Effective post-GST incidence of taxes – 34.4 23.9 Change in effective rate 18.9% (10.5%) MRP of product** 1,076 1,239 1,158 16. The Respondent

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he also submitted that in compliance with the anti-profiteering regulations, the brand owner, HP India had reduced the MRP of the product from ₹ 1,239 to ₹ 1,158, post the reduction in the rate of tax in November 2017. He has also emphasised that at no given point of time the Respondent had sold the above product at a price more than the reduced MRP of ₹ 1,158 after 14.11.2017. He has also further claimed that because of voluntary, non-binding discounts to the customers for various business reasons, the Respondent had continued to sell his product to his customers at a price lower than the reduced MRP. Based on the above facts the Respondent has claimed that he had not profiteered since the actual price of the product was well below the entitled margin. He has further claimed that discounts was his prerogative as had been decided by the Authority in the case of Flipkart (Case no 5/2018 dated July 18, 2018) = 2018 (7) TMI 1490 – NATIONAL ANTI-PROFITEERING AUTHORITY whe

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tted that at the time of transition into GST, the a stock of 1 ,067 units of the product as of July 1, 2017 and similarly HP India as well as the distributors i.e. M/s. Savex Technologies Private Ltd. and M/s. Compuage Infocom Limited would have had stock bearing pre-GST MRP of ₹ 1,076. Though the MRP was increased by the HP India from ₹ 1,076 to ₹ 1,239 on the implementation of CST on July 1, 2017, it normally took about 3-4 months for the product imported to move from HP India to the Distributors and then to the retailers to be sold finally to the end customer through the supply chain. Further, the Respondent had submitted that he had purchased 23,307 units in the month of July 2017 and August 2017 from Savex Technologies Private Ltd. and Compuage Infocom Limited at ₹ 696.78 and there was no purchase post August 14, 2017 and before the date of sale, i.e., October 4, 2017. The above two companies had stocks of the products as of July 1, 2017 which were sold to

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to ₹ 1,239 effective July 1, 2017, the continued to receive the pre-GST imported stock for a period of another 45 days and he had taken another 3 to 4 months to liquidate the opening stock as well as the purchases of pre-GST and post GST imported stock. He has further justified the fact that the Respondent had sufficient pre-GST MRP stock when the supply was made to the above Applicant by providing the stocks available with him at different points of time as is given below in the table:- Particulars Quantity Opening stock as on July 1, 2017 1,067 Quantity purchased between July 1, 2017 to August 14, 2017 at ₹ 696.98 (combination of pre-GST MRP and post-GST MRP stock) 27,625 Quantity sold upto September 30, 2017 (net of sales returns) (17,064) Stock as on September 30, 2017 11,628 Supplies made between October 1, 2017 to October 4, 2017 including supplies to the Applicant 1,166 19. He has also claimed that the above Applicant was unaware that the product sold to him during A

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798 2,013 Sales made in November 2017 (net of sales returns) (4,613) Stock as on November 30, 2017 2,899 Supplies made from December 1, 2017 to December 9, 2017 including supplies to the Applicant 753 Thus, it has been contended that because the Applicant No. 1 did not make any purchase of product with MRP of ₹ 1,239, it appeared to him that there had been an increase in the MRP. However, the fact was that the MRP had been reduced from ₹ 1,239 to ₹ 1,158. He has also produced the details of purchases as given below to substantiate his claim which is authenticated with the CA certificate. Amount in Rs. Period Total purchase cost (excluding taxes) Qty purchased Purchase price per unit* (B) (C) D = (B)/(C) July 1, 2017 to August 14, 2017 1,92,39,708 27 ,625 696.46 October 31, 2017* 6,96,460 1,000 696.46 October 25, 2017 to December 14, 2017 25,59,186 3,207 798.00 2,24,95,354 31,832 *Purchase on October 31, 2017 is pertaining to a one-off single invoice for purchases made

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n account of increase in BCD and transition stock credit benefit of CVD being passed on as per Section 140 (3) of the CGST Act, 2017. It is normal for large organization to revise their selling price to reflect such changes only on fresh stock imported/ manufactured post the rate changes and not in respect of the stock existing in the supply chain and that was probably why the purchase price was increased post mid-August 2017 as opposed to July 1, 2017 itself. 21. The Respondent has further submitted that depending upon various factors like festival sales, inventory position, competitor strategy, market penetration, customer loyalty or other similar business reasons, he had decided not to sell the product on its MRP and provided voluntary discounts/benefits to his customers for a particular duration of time. These benefits were discretionary and he was not under any statutory obligation to provide them or to withdraw them. He had analysed the price difference of the product sold to the

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0% Entitled margin 144 183 Entitled margin % on MRP 13.40% 15.83% *Price difference is solely the difference in the sale price and purchase price. This is before factoring other direct and indirect expenses. ***ExcIusive of GST/ taxes Note 1 – Invoice issued against order dated September 23, 2017 – During the Great Indian Festival sale – wherein the company gives additional discounts Note 2 – Invoice issued against order dated December 6, 2017 – During normal sales wherein discounts are offered at lower levels Actual average Price difference on sales post November 15, 2017 Amount in Rupees Particulars Amount Average selling price including taxes post-rate change (as arrived in the report based on sales made for the period November 15, 2017 to July 31, 2018) 1,047.72 Less: Taxes (GST @ 18%) 159.82 Average selling price excluding taxes 887.90 Purchase price 798.00 Price difference 89.90 Price difference % of selling price 10.3% 22. The Respondent has also stated that in the retail indust

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rofiteering would be grossly incorrect. Entitled Margin Amounts in Rs. Particulars Post GST (July 1, 2017) Post rate change (November15, 2017) MRP 1 ,239.00 1,158.00 Price without tax 967.97 981.36 Procurement price 798.00 798.00 Entitled margin 169.97 183.36 Entitled margin % of MRP 14% 15.83% Entitled margin % on selling price 17.56% 18.68% 23. The Respondent has also re-iterated that the invoices under consideration in the notice had been raised under two different circumstances. While the first invoice dated 04.10.2017 reproduced below was raised during the festive promotion sale, the other has been raised during a period where he was operating at business as usual . The invoice under question pertained to the sale made by him during a promotional event run by Amazon, which was conducted between September 21, 2017 and September 24, 2017. The invoice provided by the above Applicant had clearly captured the order date as September 23, 2017, which fell within the duration of the Great

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should consider the fact that on an online marketplace where it was common practice to issue discounts, the fact that the product was a discounted one should not be ignored. 25. It is also submitted that the procurement price had increased from ₹ 696 to ₹ 798 in the month of October 2017, and if the Respondent had continued to sell at the average base price of ₹ 705.90, as envisaged by the DGAP, he would have incurred a loss. For the 5,028 units sold by him during the period November 15, 2017 to July 31, 2018, they would have incurred a loss of ₹ 4,62,576 as could be seen from the table below:- Amount In Rs. Particulars Amount Average base price pre-rate change (as arrived in the report based on sales made for the October 1, 2017 to November 14, 2017) 705.90 Purchase price 798.00 Margin (92.00) 26. He has also submitted that the DGAP had ignored the fact that the copy of the application filed along with the copies of the invoices, made available to him, did not

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ded to pursue the application further. This submission made by him to the reply to the notice issued by the DGAP had been ignored in the Report. 27. He has further submitted that the Report has erred in the methodology adopted for computation of the profiteering amount. He has further submitted that the average base price per unit for the period prior to the rate change had been computed based on the sale data for 1.5 months alone. The amount has been arrived at based on sales details for the period October 1, 2017 to November 14, 2017 alone, as could be seen from the table given below. Instead the average base price per unit for the period prior to the rate change should have been calculated on all the sales made from July 1 , 2017 to November 14, 2017. The average base price per unit in respect of sale of the product from July 1, 2017 to November 14, 2017 was ₹ 710.78 and not 705.90, as has been stated in the DGAP Report and out of the 5,028 units sold between November 15, 2017

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eering Average base price after discount Qty. Sold Average base price after discount Qty. Sold Actual selling price B C D E F=118% of D G-118% of B H=[F-G] 705.90 11471 887.90 5028 1047.72 832.96 214.76 28. The Respondent has contended that the profiteered amount should be calculated on the basis of the difference between the commensurate base price and the average base price after discount without considering the tax element as the differential tax element has anyway been deposited by him with the Government on a monthly basis as had been declared in the GST returns. Instead the formula in Column H should have been H=D-B instead of H=F-G . Further, it has been submitted that the Report had not considered the sales returns. If all these submissions were considered, he has claimed that the amount profiteered, if any, should be restricted to ₹ 7,82,425.60. The revised amount as given in Table B with the exact amount of profiteering is shown below:- 1. Reduction in amount profiteere

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iteered 9,15,096.00 8,91,263.28 *Based on sales made between November 15, 2017 to July 31, 2018 **Based on sales made between October 1, 2017 to November 14, 2018 ***Based on sales made between July 1, 2017 to November 14, 2018 3. Reduction in amount profiteered after considering sales returns Amount in Rs. Particulars Amount Amount Average base price per unit after discount* (A) 887.90 887.90 Average base price per unit after discount** (B) 710.78 710.78 Profiteering per unit 177.26 177.26 Quantity sold 5,028 4,414 Total amount profiteered 8,91,263.28 7,82,425.60 *Based on sales made between November 15, 2017 to July 31, 2018 * *Based on sales made between July I, 2017 to November 14, 2018 Rectified table as provided by the Respondent Product Sales during 1.10.17 to 14.11.17 (GST @28%) Sales during 15.11.17 to 31.07.18 (GST@18%) Commensurate price Profiteering Total profiteering (Rs.) Average base price after discount Qty. Sold Average base price after discount Qty. Sold Actual sellin

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rding the MRP of the product in the complaint while the MRP had been manually mentioned, after confirming that the Applicant was not a purchaser of the goods. He once again emphasised that Section 128 required every Application filed must be complete in all respects. An application filed without sufficient proof or purchase could not be considered a valid application. In the current proceedings, the Application filed was with respect to an alleged increase in MRP of the product. He has also submitted that the above Applicant neither in the complaint nor during the hearing has provided any proof regarding the MRP which he had disputed. The Applicant had merely manually mentioned the MRP after confirming that he had not even purchased the goods. The Respondent has also reproduced the extract of the sale details (reproduced below) where manual MRP has been mentioned and stated that the details of the order placed, pack shot etc. were key factors to determine the facts of the case. 30. He

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as made out. b. With regard to the Respondents submission that the applicant had not provided any proof regarding the MRP of the product disputed in the complaint and that MRP had been manually mentioned, even after confirming that the applicant isn't a purchaser of the goods, the DGAP quoting Rule 129 (1) of the CGST Rules, 2017, has stated that the present complaint was examined by the Standing Committee in its meeting held on 25.05.2018, wherein the complaint was found fit for investigation and it was decided to forward the same to the DGAP for investigation. c. The complainant had enclosed copies of invoices issued by the Respondent since the transaction invoice was issued by M/s. Cloudtail India Pvt. Ltd., the investigation was carried out against the Respondent. With regard to the issues that MRP was decided by the brand owner and there had been change in MRP post GST implementation, the DGAP submitted that the profiteering has been calculated on the transaction value (after

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m ₹ 705.90 (average base price for the sales made during the period 01.10.2017 to 14.11.2017) to ₹ 887.90 (average base price for the sales made during the period 15.11.2017 to 31.07.2018). He has also stated that it was the Respondent's own statutory responsibility and obligation to pass on the benefit of reduction in the GST rate to his customers and the Respondent was required to sell the said goods at the pre 15.11.2017 base price and charge lower GST @ 18% on such base price. He has also mentioned that the issue of change in MRP was not taken into consideration for profiteering calculation. e. With regard to the issue that the average base price per unit for the period prior to rate change should have been considered based on sales data for the period 01.07.2017 to 14.1 1 .2017, the DGAP has submitted that Section 171 (1)of the Central Goods and Service Tax Act, 2017 required that a reduction in rate of tax on any supply of goods or services or the benefit of input

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revision) could not be determined. 32. We have considered the Report of the DGAP and the submissions made by the Respondent and other materials placed on record. The mandate of the Authority as per Section 171 of the CGST Act, 2017 read with Rule 127 of the CGST Rules, 2017 is to examine and determine as to whether- i) any reduction in rate of tax on any supply of goods or services or the benefit of ITC has been passed on to the recipient by way of commensurate reduction in prices, ii) to identify the registered person who has not passed on the benefit of reduction in the rate of tax on supply of goods or services or the benefit of ITC to the recipient by way of commensurate reduction in prices. 33. The Respondent has raised the following objections on the complaint itself which are being dealt in the following paras:- (i) Firstly, the Respondent, as discussed in para 12 to 14 above, has submitted that the proceedings initiated should be deemed infructuous as the complaint under Secti

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al purchaser and the claim of the Applicant stands invalidated as crucial details were missing and the MRP was also written manually. Rule 128 (2) of the CGST Rules, 2017, reads All applications from interested parties on issues of local nature shall first be examined by the State level Screening Committee and the Screening Committee shall, upon being satisfied that the supplier has contravened the provisions of Section 171, forward the application with its recommendations to the Standing Committee for further action . Further Rule 137 (c) of the CGST Rules reads that interested party includes- a. suppliers of goods or services under the proceedings; and b. recipients of goods or services under the proceedings; c. any other person alleging, under sub-rule (1) of rule 128, that a registered person has not passed on the benefit of reduction in the rate of tax on any supply of goods or services or the benefit of input tax credit to the recipient by way of commensurate reduction in prices.

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by Section 171 of the CGST Act, 2017, to pass on the benefit of reduction in tax. In the present case, we are concerned with the supplier and the supplier here is the Respondent who has increased the price even after reduction in the GST rate of tax. The passing of the benefit by the distributor or retailer does not rest on the fact that the manufacturer or his supplier should have passed on the same benefit to him first. 36. The Respondent has further alleged that when the two invoices filed by the Applicant were compared, it appeared that the Applicant must have purchased the product only when the MRP of the product was ₹ 1,076 and subsequently, when it was revised to ₹ 1,158 and it seemed that there was no purchase made by the Applicant when the MRP was increased to ₹ 1,239. Thus, the Applicant was unaware of the fact that there was an increased post-GST MRP and sale price by HP India to ₹ 1,239 and this fact was ignored by the DGAP in his Report. Therefore,

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This statistics itself clearly shows that when the MRP reduced from ₹ 1 , 239 to ₹ 1,158, the procurement price remaining the same and with GST rate of tax being reduced from 28% to 18%, the Respondent had increased his selling price by ₹ 13.39 per unit and on this increased price GST of 18% has also been collected. As claimed by the Respondent he could not take advantage of the reduction in the rate of tax to increase his profit margins. The benefit of reduction in rate of tax has to be necessarily passed on to the recipients. Moreover, the DGAP has rightly taken the transaction value of the supplier which was the price that was charged by the Respondent from his recipients which excluded the impact of discounts. 37. The Respondent has further submitted that there had been an increase in the procurement price after introduction of GST with rate of tax being 28% on the products in question. The rate of change of tax from 28% to 18% had been w.e.f. 15.11.2017. Therefor

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hence the contention of the Respondent made in this behalf cannot be accepted. With regard to the sale returns of 614 units the Respondent has not filed any documentary proof to show that these units were supplied and returned during the period in question. Hence, the benefit of these units cannot be extended. 38. The contention of the Respondent that the DGAP has arrived at the profiteered amount by taking into account the cum tax prices and he should have taken the average base price without tax since the tax amount had already been paid to the Government, does not hold good as already discussed, the Respondent has not only increased his base price but has also collected GST on the increased base price. The recipient has to be given the benefit of the increased base price and the increased tax collected from him. Therefore, the profiteered amount is arrived at as shown in the table below. Product Sales during 01.07.2017 to 14.11.2017 (GST @28%) Sales during 15.11.2017 to 31.07.2018 (

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of ₹ 10, 79,813.28 in the Consumer Welfare Fund of the Centre and the respective States as per the provisions of Rule 133 (3) (c) of CGST Rules, 2017. Further the Respondent is directed to deposit the above amount as per the provisions of Rule 133 (3) (c) in the ratio of 50:50 in the Central and the State Consumer Welfare Funds. Accordingly the Respondent is directed to deposit an amount of ₹ 5,39,906.64 in the Central CWF and the balance in the State CWFs as given below. The above amount shall be deposited within a period of 3 months from the date of receipt of this order. S. No State Qty Nos. Profiteering per Unit Profiteering by the states Rs. 1 Andaman & Nicobar 3 214.76 322.14 2 Andhra Pradesh 75 214.76 8053.50 3 Arunachal Pradesh 3 214.76 322.14 4 Assam 16 214.76 1718.08 5 Bihar 27 214.76 2899.26 6 Chandigarh 18 214.76 1932.84 7 Chattisgarh 15 214.76 1610.70 8 Goa 41 214.76 4402.58 9 Gujarat 165 214.76 17717.70 10 Haryana 283 214.76 30388.54 11 Himachal Pradesh 1

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Corrigendum to Circular No. 76/50/2018-GST dated 31st December, 2018 issued vide F.No. CBEC- 20/16/04/2018-GST

GST – F. No. 20/16/04/2018 -GST – Dated:- 7-3-2019 – Corrigendum to Circular No. 76/50/2018-GST F. No. 20/16/04/2018 -GST Government of India Ministry of Finance Department of Revenue Central Board of Indirect Taxes and Customs GST Policy Wing New Delhi, Dated the 7th March, 2019 To, The Principal Chief Commissioners/ Chief Commissioners/ Principal Commissioners/ Commissioners of Central Tax (All) The Principal Director Generals/ Director Generals (All) Madam/Sir, Subject: Corrigendum to Circular No. 76/50/2018-GST dated 31st December, 2018 issued vide F.No. CBEC- 20/16/04/2018-GST- Reg. Vide serial number 5 of Circular No. 76/50/2018-GST dated 31st December, 2018, it was clarified that the taxable value for the purposes of GST shall inclu

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f GST on Tax collected at source (TCS) under the provisions of the Income Tax Act, 1961? 1. Section 15(2) of CGST Act specifies that the value of supply shall include any taxes, duties cesses, fees and charges levied under any law for the time being in force other than this Act, the SGST Act, the UTGST Act and the GST (Compensation to States) Act, if charged separately by the supplier. 2. It is clarified that as per the above provisions, taxable value for the purposes of GST shall include the TCS amount collected under the provisions of the Income Tax Act since the value to be paid to the supplier by the buyer is inclusive of the said TCS. Read 5. What is the correct valuation methodology for ascertainment of GST on Tax collected at source

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M/s. Ambika Cotton Mills Ltd. Versus Commissioner of GST & Central Excise, Madurai

2019 (3) TMI 449 – CESTAT CHENNAI – TMI – Withdrawal of SCN and issuance of fresh SCN for the same period – time limitation – Held that:- We do not understand how the department could withdraw the show cause notice and issue a fresh SCN case for the very same period. The Larger Bench in the case of Agauta Sugar Chemicals [2010 (9) TMI 16 – CESTAT, NEW DELHI] has considered the validity of show cause notice issued and adjudicated after the amendment in 2003 / 2004. It did not discuss a situation in which a fresh show cause notice is issued, where already show cause notice is pending. On perusal of the adjudication order, we do take note of the fact that the adjudicating authority has started the order by stating that the proceedings arise out of show cause notice dated 30.8.2001. However, in the operative portion, it is stated by him that this show cause notice stands abated and treated as withdrawn due to issuance of the show cause notice dated 27.10.2004.

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n manufactured by them. The appellant did not pay service tax as a recipient of the service of erstwhile Goods Transport Operators Service during the period from 16.11.1997 to 1.6.1998. A show cause notice dated 30.8.2001 was issued for payment of service tax of ₹ 479,751/- under section 73(a) of the Finance Act, 1994 besides demand of interest and proposal to impose penalties under sections 76 and 77 of the Act ibid. The appellant had filed Writ Petition No. 27077/2003 before the Hon ble High Court of Madras against the letter dated 16.9.2003 issued by the department informing the appellant to pay up the demand raised in the show cause notice. The main contention taken in such writ petition was that there is no provision to demand tax on service recipient. Later, the said issue as to liability of service recipient to pay service tax reached the Hon ble Supreme Court and vide judgment in Laghu Udyog Bharati Vs. Union of India – 1999 (112) ELT 365 (SC). The Apex Court held that th

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cause notice dated 30.8.2001. Though it is noted that the proceedings arise out of show cause notice which was issued earlier, later in the operative portion of the order, it is stated that the proceedings initiated by show cause notice dated 30.8.2001 abates and are treated as withdrawn. That these are contradictory. She explained when the earlier show cause notice was issued there was no provision for fixing the liability on the service recipient to discharge the service tax. The liability to pay service tax as per statute was on the service provider. Later, the Service Tax Rules brought forth changes to treat the customer of goods transport operator as the person to pay the service tax. Thus it introduced liability for discharging service tax on the service recipient in the case of Goods Transport Operators Service. This was challenged before the Hon ble Supreme Court wherein the said Rule was held ultra vires. Thus the first show cause notice issued in 2001 is against law and ther

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issued invoking extended period. 3. Further, that even the retrospective amendment only validated the recovery of demand for which proceedings have been already initiated. In the present case, the show cause notice itself was issued when there was no authority to issue such notice and therefore the amendment will not help the department to contend that the second show cause notice is saved by the validation clause. The clause only validates the recovery of demand but does not give authority to issue fresh show cause notice for which an earlier show cause notice has already been issued. It is also submitted by her that various High Courts including the jurisdictional High Court has held that show cause notice issued in this regard outside the period between 10.9.2004 and 13.11.2004 were invalid. She relied upon the decision of the Hon ble Madras High Court in the case of PSL Ltd. in CMA No. 2637 of 2017 dated 23.10.2017. 4. The ld. AR Jagan Babu appeared and argued on behalf of the dep

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horized by the statute after its amendment and its collection from the recipients of the service is also authorized by the statute even for the past period by way of retrospective amendment. The Apex Court has upheld the validity of such retrospective amendment. Therefore the second show cause notice has been issued after the amendment which fixed the liability on the service recipient to pay the service tax. The second show cause notice being validated under the statute, the confirmation of demand and interest is legal and proper. 5. Heard both sides. 6. We do not understand how the department could withdraw the show cause notice and issue a fresh SCN case for the very same period. The Larger Bench in the case of Agauta Sugar Chemicals has considered the validity of show cause notice issued and adjudicated after the amendment in 2003 / 2004. It did not discuss a situation in which a fresh show cause notice is issued, where already show cause notice is pending. On perusal of the adjudi

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ax was to be collected from such person and in such manner as was to be prescribed and such person was to be treated as the person responsible for collecting the Service tax. (iv) By notification bearing No. 41/97-S.T., dated November 5, 1997, the levy was made effective from November 16, 1997. (v) By Notification bearing No. 42/97-S.T., dated November 5, 1997, Rule 2(1)(d)(xvii) of the Service Tax Rules, 1994 ( the Rules ) was made treating the customer of the goods transport operator as the person responsible for collecting the Service tax. 1998 (i) By notification bearing No. 49/98-ST dated June 2, 1998, exemption was granted in respect of goods transport service. (ii) By the Finance (No. 2) Act 1998, the provisions in the Act relating to levy of service tax on goods transport service were done away with. July 27, 1999 The Hon ble Supreme Court in Laghu Udyog Bharati v. Union of India – 2006 (2) S.T.R. 276 (S.C.) = 1999 (112) E.L.T. 365 (S.C.) held, inter alia, that Rule 2(1)(d)(xvi

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tor as the person liable to pay service tax to the credit of the Central Government. Section 71A was inserted making the customer liable to furnish service tax return within six months from the date on which the Finance Bill, 2003 received the assent of the President. The rule-making power under Section 94 was amended to include the making of rule for furnishing the return under Section 71A. (ii) Rule 7A was inserted in the Rules with effect from May 14, 2003 providing for furnishing of return by the customer of a goods transport operator for the period November 16, 1997 to June 2, 1998 within a period of six months from May 13, 2003 failing which the interest and penal consequences as provided in the Act were to follow. 2004 Section 73 was substituted by the Finance (No. 2) Act, 2004 with effect from September 10, 2004. Prior to the said substitution, it applied to a case where return was to be filed under Section 70 but not where it was to be filed under Section 71A. The substituted

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Composition scheme for supplier of services with a tax rate of 6% having annual turn over in preceding year upto ₹ 50 lakhs under the BGST Act, 2017

GST – States – 2/2019- State Tax (Rate) – Dated:- 7-3-2019 – COMMERCIAL TAX DEPARTMENT NOTIFICATION The 7th March 2019 Notification No. 2/2019- State Tax (Rate) S.O. 47, Dated 7th March 2019.- In exercise of the powers conferred by sub-section (1) of section 9, sub-section (1) of section 11, sub-section (1) of section 16 of the Bihar Goods and Services Tax Act, 2017 (12 of 2017)(herein after referred to as the said Act ), the Governor of Bihar, on the recommendations of the Council, and on being satisfied that it is necessary in the public interest so to do, hereby notifies that the State tax, on the intra-State supply of goods or services or both as specified in column (1) of the Table below, shall be levied at the rate specified in the corresponding entry in column (2), subject to the conditions as specified in the corresponding entry in column (3) of the said table below, namely:- Table Description of supply Rate (per cent.) Conditions (1) (2) (3) First supplies of goods or service

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corresponding entry in column (2) of the said annexure. 2. Where more than one registered person are having the same Permanent account Number, issued under the Income Tax Act, 1961 (43 of 1961), State tax on supplies by all such registered persons is paid at the rate specified in column (2) under this notification. 3. The registered person shall not collect any tax from the recipient on supplies made by him nor shall he be entitled to any credit of input tax. 4. The registered person shall issue, instead of tax invoice, a bill of supply as referred to in clause (c) of sub-section (3) of section 31 of the said Act with particulars as prescribed in rule 49 of Bihar Goods and Services Tax Rules. 5. The registered person shall mention the following words at the top of the bill of supply, namely:- taxable person paying tax in terms of notification No. 2/2019-State Tax (Rate), dated 07.03.2019, not eligible to collect tax on supplies . 6. The registered person opting to pay State tax at the

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ation shall not include the supplies from the first day of April of a financial year to the date from which he becomes liable for registration under the Act. ANNEXURE Serial Number Tariff item, sub-heading, heading or Chapter Description (1) (2) (3) 1 2105 00 00 Ice cream and other edible ice, whether or not containing cocoa. 2 2106 90 20 Pan masala 3 24 All goods, i.e. Tobacco and manufactured tobacco substitutes 2. In computing aggregate turnover in order to determine eligibility of a registered person to pay State tax at the rate of three percent under this notification, value of supply of exempt services by way of extending deposits, loans or advances in so far as the consideration is represented by way of interest or discount, shall not be taken into account. 3. Explanation. -For the purpose of this notification, – (i) tariff item , sub-heading , heading and chapter shall mean respectively a tariff item, sub-heading, heading and chapters specified in the First Schedule to the Cust

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Exemption from registration for any person engaged in exclusive supply of goods and whose aggregate turnover in the financial year does not exceed ₹ 40 lakhs under the BGST Act, 2017

GST – States – S.O. 48 – Dated:- 7-3-2019 – COMMERCIAL TAX DEPARTMENT NOTIFICATION The 7th March 2019 S.O. 48, Dated 7th March 2019.-In exercise of the powers conferred by sub-section (2) of section 23 of the Bihar Goods and Services Tax Act, 2017 (12 of 2017)(hereafter referred to as the said Act ), the Governor of Bihar, on the recommendations of the Council, hereby specifies the following category of persons, as the category of persons exempt from obtaining registration under the said Act, namely,- Any person, who is engaged in exclusive supply of goods and whose aggregate turnover in the financial year does not exceed forty lakh rupees, except, – (a) persons required to take compulsory registration under section 24 of the said Act; (b)

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Prescribe the due dates for furnishing of FORM GSTR-1 for those taxpayers with aggregate turnover upto ₹ 1.5 crores for the months of April, May and June, 2019 under the BGST Act, 2017

GST – States – S.O. 49 – Dated:- 7-3-2019 – COMMERCIAL TAX DEPARTMENT NOTIFICATION The 7th March 2019 S.O. 49, Dated 7th March 2019.-In exercise of the powers conferred by section 148 of the Bihar Goods and Services Tax Act, 2017 (12 of 2017) (hereafter in this notification referred to as the said Act), the Governor of Bihar, on the recommendations of the Council, hereby notifies the registered persons having aggregate turnover of up to 1.5 crore rupees in the preceding financial year or the current financial year, as the class of registered persons, who shall follow the special procedure as mentioned below for furnishing the details of outward supply of goods or services or both. 2. The said registered persons shall furnish the details of

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Prescribe the due dates for furnishing of FORM GSTR-1 for those taxpayers with aggregate turnover of more than ₹ 1.5 crores for the months of April, May and June, 2019 under the BGST Act, 2017

GST – States – S.O. 50 – Dated:- 7-3-2019 – COMMERCIAL TAX DEPARTMENT NOTIFICATION The 7th March 2019 S.O. 50, Dated 7th March 2019.- In exercise of the powers conferred by the second proviso to sub-section (1) of section 37 read with section 168 of the Bihar Goods and Services Tax Act, 2017 (12 of 2017) (hereafter in this notification referred to as the said Act), the Commissioner, on the recommendations of the Council, hereby extends the time limit for furnishing the details of outward suppli

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Prescribe the due dates for furnishing of FORM GSTR-3B for the months of April, May and June, 2019 under the BGST Act, 2017

GST – States – S.O. 51 – Dated:- 7-3-2019 – COMMERCIAL TAX DEPARTMENT NOTIFICATION The 7th March 2019 S.O. 51, Dated 7th March 2019.- In exercise of the powers conferred by section 168 of the Bihar Goods and Services Tax Act, 2017 (12 of 2017) (hereafter in this notification referred to as the said Act) read with sub-rule (5) of rule 61 of the Bihar Goods and Services Tax Rules, 2017 (hereafter in this notification referred to as the said rules), the Commissioner, on the recommendations of the

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M/s. R. STAHL (P) LTD. Versus COMMISSIONER OF GST & CE, CHENNAI OUTER

2019 (3) TMI 609 – CESTAT CHENNAI – TMI – CENVAT Credit – common input service used for trading activity and manufacturing activity – High Seas Sales – Rule 6(3) of CCR, 2004 – Held that:- The high-sea sales has taken place outside the jurisdiction of Central Excise authorities.

The Tribunal in the case of M/s. Rajpetro Specialities Pvt. Ltd., [2019 (2) TMI 7 – CESTAT CHENNAI] had occasioned to analyse the very same issue, where it was held that when High Sea Sales take place outside the territorial waters, it cannot be understood how such sales can be considered as an exempted service (trading) so as to fall within the ambit of Rule 2(e) of the CENVAT Credit Rules, 2004.

When the alleged trading activity has occurred outside the jurisdiction of Central Excise authorities as well as Finance Act, 1994, the demand cannot sustain – appeal allowed – decided in favor of appellant. – E/41885/2018 – FINAL ORDER NO. 40414/2019 – Dated:- 7-3-2019 – Smt. Sulekha Beevi C.S, Judicial

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the demand amount along with interest and also for imposing penalties. After due process of law, the original authority confirmed the demand of ₹ 12,98,151/- along with interest and imposed equal penalty. In appeal, the Commissioner (Appeals) upheld the same. Hence this appeal. 2. On behalf of the appellant, the learned counsel Shri M. Karthikeyan submitted that the allegation is that the appellants have used common input services for trading (high-sea sales) and also manufacturing activity. He explained that the trading has occurred beyond the territorial jurisdiction of Central Excise authorities and, therefore, the said demand alleging that trading is an exempted service cannot sustain. He relied upon the decision of the Tribunal in the case of M/s. Rajpetro Specialities Pvt. Ltd., Vs The Principal Commissioner of GST & CE, Chennai North Commissionerate reported in 2019 (2) TMI 7 – CESTAT Chennai and the decision in the case of M/s. Ramboll Imisoft Pvt. Ltd. Vs Commissione

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, the discussions in para 6 of the said order is reproduced below:- The appellant is aggrieved by the rejection of refund claim. The allegation of the Department is that the appellant is engaged in manufacturing as well as trading activity and that common inputs/input services have been used for the manufacturing activity as well as trading activity. Since they did not maintain proper accounts they have to follow the procedure in Rule 6(3). As the appellant did not exercise option to reverse proportionate Credit, they have to pay an amount equal to 6% of the value of exempted services. The High Sea Sale transactions are considered by the Department to be trading activity falling within Rule 2(e) of CCR, 2004. The area beyond 200 nautical miles from the shore is called High Sea‟. The transaction of sale in such cases commences outside the territory of India and is also concluded outside the territory of India. If a buyer (importer) wants to sell the consignment to a third party be

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Notification to give composition scheme for supplier of services with a tax rate of 6% having annual turn over in preceding year upto ₹ 50 lakhs under the HPGST Act, 2017

GST – States – 2/2019-STATE TAX (RATE) – Dated:- 7-3-2019 – EXCISE AND TAXATION DEPARTMENT NOTIFICATION NO. 2/2019-STATE TAX (RATE) Shimla-2, the 7th March, 2019 No. EXN-F(10)-5/2019.-In exercise of the powers conferred by sub-section (1) of section 9, sub- section (1) of section 11, sub-section (1) of section 16 of the Himachal Pradesh Goods and Services Tax Act, 2017 (10 of 2017) (hereinafter referred to as the said Act ), the Governor of Himachal Pradesh, on the recommendations of the Council, and on being satisfied that it is necessary in the public interest so to do, is pleased to notify that the State Tax, on the intra-State supply of goods or services or both as specified in column (1) of the Table below, shall be levied at the rate specified in the corresponding entry in column (2), subject to the conditions as specified in the corresponding entry in column (3) of the said table below, namely:- Table Description of supply Rate (percent) Conditions 1 2 3 First supplies of goods

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ified in the corresponding entry in column (2) of the said annexure. 2. Where more than one registered person are having the same Permanent Account Number, issued under the Income Tax Act, 1961(43 of 1961), state tax on supplies by all such registered persons is paid at the rate specified in column (2) under this notification. 3. The registered person shall not collect any tax from the recipient on supplies made by him nor shall he be entitled to any credit of input tax. 4. The registered person shall issue, instead of tax invoice, a bill of supply as referred to in clause (c) of sub-section (3) of section 31 of the said Act with particulars as prescribed in rule 49 of Himachal Pradesh Goods and Services Tax Rules. 5. The registered person shall mention the following words at the top of the bill of supply, namely:- taxable person paying tax in terms of notification No. 2/2019-State Tax (Rate) dated 07-03-2019 not eligible to collect tax on supplies . 6. The registered person opting to

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ble under this notification shall not include the supplies from the first day of April of a financial year to the date from which he becomes liable for registration under the Act. ANNEXURE Sl. No. Tariff item, sub-heading, heading or Chapter Description (1) (2) (3) 1. 2105 00 00 Ice cream and other edible ice, whether or not containing cocoa 2. 2106 90 20 Pan masala 3. 24 All goods, i.e. Tobacco and manufactured tobacco substitutes 2. In computing aggregate turnover in order to determine eligibility of a registered person to pay state tax at the rate of three percent under this notification, value of supply of exempt services by way of extending deposits, loans or advances in so far as the consideration is represented by way of interest or discount, shall not be taken into account. 3. Explanation. -For the purpose of this notification, – (i) tariff item , sub-heading , heading and chapter shall mean respectively a tariff item, sub-heading, heading and chapters specified in the First Sc

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Seeks to prescribe the due dates for furnishing of FORM GSTR-1 for those taxpayers with aggregate turnover upto ₹ 1.5 crores for the months of April, May and June, 2019.

GST – States – 379-F.T. – 11/2019-State Tax – Dated:- 7-3-2019 – GOVERNMENT OF WEST BENGAL FINANCE DEPARTMENT REVENUE NOTIFICATION No. 379-F.T. Howrah, the 7th day of March, 2019. No. 11/2019-State Tax In exercise of the powers conferred by section 148 of the West Bengal Goods and Services Tax Act, 2017 (West Ben. Act XXVIII of 2017) (hereafter in this notification referred to as the said Act), the Governor, on the recommendations of the Council, hereby notifies the registered persons having aggregate turnover of up to 1.5 crore rupees in the preceding financial year or the current financial year, as the class of registered persons, who shall follow the special procedure as mentioned below for furnishing the details of outward supply of go

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Seeks to prescribe the due dates for furnishing of FORM GSTR-1 for those taxpayers with aggregate turnover of more than ₹ 1.5 crores for the months of April, May and June, 2019

GST – States – 04/2019–C.T./GST – 12/2019 – State Tax – Dated:- 7-3-2019 – GOVERNMENT OF WEST BENGAL DIRECTORATE OF COMMERCIAL TAXES 14, BELIAGHATA ROAD, KOLKATA -700015 NOTIFICATION BY THE COMMISSIONER OF STATE TAX Notification No. 04/2019-C.T./GST Dated: 07/03/2019 No. 12/2019 – State Tax In exercise of the powers conferred by the second proviso to sub-section (1) of section 37 read with section 168 of the West Bengal Goods and Services Tax Act, 2017 (West Ben. Act XXVIII of 2017) (hereafter

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Seeks to prescribe the due dates for furnishing of FORM GSTR-3B for the months of April, May and June, 2019

GST – States – 05/2019–C.T./GST – 13/2019 – State Tax – Dated:- 7-3-2019 – GOVERNMENT OF WEST BENGAL DIRECTORATE OF COMMERCIAL TAXES 14, BELIAGHATA ROAD, KOLKATA -700015 NOTIFICATION BY THE COMMISSIONER OF STATE TAX Notification No. 05/2019-C.T./GST Dated: 07/03/2019 No.13/2019 – State Tax In exercise of the powers conferred by section 168 of the West Bengal Goods and Services Tax Act, 2017 (West Ben. Act XXVIII of 2017) (hereafter in this notification referred to as the said Act) read with sub-rule (5) of rule 61 of the West Bengal Goods and Services Tax Rules, 2017 (hereafter in this notification referred to as the said rules), the Commissioner, on the recommendations of the Council, hereby specifies that the return in FORM GSTR-3B of th

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Seeks to supersede notification No. 1142-F.T. dated 28/06/2017 in order to extend the limit of threshold of aggregate turnover for availing Composition Scheme u/s 10 of the CGST Act, 2017 to ₹ 1.5 crores

GST – States – 380-F.T. – 14/2019-State Tax – Dated:- 7-3-2019 – GOVERNMENT OF WEST BENGAL FINANCE DEPARTMENT REVENUE NOTIFICATION No. 380-F.T. Howrah, the 7th day of March, 2019 No. 14/2019-State Tax In exercise of the powers conferred under the proviso to sub-section (1) of section 10 of the West Bengal Goods and Services Tax Act, 2017 (West Ben. Act XXVIII of 2017) (hereinafter referred to as the said Act), and in supersession of the notification no 1142-F.T., dated the 28th June, 2017, published in the Kolkata Gazette, Extraordinary, Part I, except as things done or omitted to be done before such supersession, the Governor, on the recommendations of the Council, is pleased hereby to specify that an eligible registered person, whose agg

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m, sub-heading, heading or Chapter Description (1) (2) (3) 1. 2105 00 00 Ice cream and other edible ice, whether or not containing cocoa. 2. 2106 90 20 Pan masala 3. 24 All goods, i.e. Tobacco and manufactured tobacco substitutes Explanation. – (i) In this Table, "tariff item", "sub-heading", "heading" and "chapter" shall mean respectively a tariff item, subheading,heading and chapters as specified in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975). (ii) The rules for the interpretation of the First Schedule to the said Customs Tariff Act, 1975 (51 of 1975), including the Section and Chapter Notes and the General Explanatory Notes of the First Schedule shall, so far as may be, apply to

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GST on construction of road services provided to Govt.

GST – Started By: – SHARAD ANADA – Dated:- 6-3-2019 Last Replied Date:- 12-3-2019 – Can a main contractor avail ITC on cement and other materials and capital goods used for construction of road , Dam, etc services provided to Govt. Or it's a block credit U/s 17(5)(c) of CGST Act 2017. Can sub contractor avail ITC on cement and other materials and capital goods used for construction of Road, Dam etc services provided to main contractor who in turn provide services to Govt. Or it's blocked credit u/s 17(5)(c) of cgst act 2017 Can main contractor avail ITC on bills raised by sub contractor? Same issue regarding commercial construction or residential construction to private builder? – Reply By Pavan Mahulkar – The Reply = Input Tax Cre

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immovable property; So, Principal Contractor can avail credit in terms of Works contact services availed from subcontractor as it is used for further supply of works contract service and not blocked u/s 17(5)(c) Principal Contractor or Subcontractor never used goods or services or both on own account Rather they use the same for transferring to employer/Principal contractor Hence ITC not blocked u/s 17(5)(d) So in all the scenario mentioned by you either the WC services are provided to Government or for commercial or resedential construction ITC is available unless the said supply is exempted – Reply By Pavan Mahulkar – The Reply = Further Principal contractor or subcSubcontra never capitalize the immovable property constructed As it has b

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SYNERGY FERTICHEM PVT. LTD Versus STATE OF GUJARAT

2019 (3) TMI 432 – GUJARAT HIGH COURT – TMI – E-way bill – confiscation of goods – Procedure to be followed in case where any goods are in transit in contravention of the provision of the Act or the rules made thereunder – Held that:- The attention of the court was invited to the impugned show cause notice dated 1.3.2019, to submit that the same seeks to impose penalty, redemption fine and confiscation under section 130 of the Act without initiating any proceedings under section 129 of the Act, which is not permissible in law – Issue Notice returnable on 8th March, 2019. – R/SPECIAL CIVIL APPLICATION NO. 4730 of 2019 Dated:- 6-3-2019 – MS HARSHA DEVANI AND MR BHARGAV D. KARIA, JJ. For The Petitioner (s) : MR UCHIT N SHETH (7336) For The R

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order thereunder. It was submitted that it is only if there is no compliance of the order passed under section 129 of the Act, that the provisions of section 130 of the IGST Act can be resorted to. The attention of the court was invited to the impugned show cause notice dated 1.3.2019, to submit that the same seeks to impose penalty, redemption fine and confiscation under section 130 of the Act without initiating any proceedings under section 129 of the Act, which is not permissible in law. It was further submitted that the integrated goods and services tax has already been paid on the goods in question at the time of import thereof and that the goods in question are perishable goods with a limited shelf-life. 2. Having regard to the submis

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Chandra Engineers Versus Commissioner, CGST, Delhi-II

2019 (3) TMI 514 – CESTAT NEW DELHI – TMI – Utilization of CENVAT credit – carriage inward – financial year 2007-08 to 2009-10 – Whether a manufacturer having credit balance in his account can utilize that credit for payment of Service Tax on goods transport by road? – Rule 3 (4) of CCR – time limitation – scope of SCN – Held that:- CENVAT Credit can be utilized for payment of Service Tax on any output service – Thus, the reasoning of the adjudicating authority that since GTA do not qualify to be an output service as such is not eligible for Cenvat Credit. Hence payment of Service Tax thereof cannot be made from the accumulated Cenvat Credit is opined as incorrect. Though there are several other proviso attached to this sub-rule (4) but none of those provisos are applicable to the given situation.

There is an explanation that CENVAT credit cannot be utilized for payment of service tax in respect of services where the person liable to pay tax is the service recipient. But this ex

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iscussion, the order under challenge is held not sustainable.

Appeal allowed – decided in favor of appellant. – Excise Appeal No. E/52018/2018-EX [SM] – Final Order No. 50315/2019 – Dated:- 6-3-2019 – MRS. RACHNA GUPTA, MEMBER (JUDICIAL) Present for the Appellant: Mr. Satish Chandra, Prop. Present for the Respondent: Mr. P. Juneja, DR ORDER PER: RACHNA GUPTA Present is an appeal preferred against the order of Commissioner (Appeals) bearing No.252 dated 18.04.2018. The said order is the adjudication to show cause notice No.30179 dated 08.06.2010, which was issued when during the course of audit, Department observed that the appellant has incurred expenses as carriage inward in the financial year 2007-08 to 2009-10 on which the service tax has been paid from the available inputs credit accounts. Denying goods transport agency to be an output service, that the Department proposed recovery of service tax for ₹ 1,06,782/- for period 2007-2010 (upto 31.12.2009) alongwith the inte

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liable to be set aside. 2. While rebutting these arguments, It is submitted by the Department that there is no infirmity in the order under challenge, which is based on the Circular dated 23.08.2007 titled as procedural issues in Service Tax – Circular . It is impressed upon that the Circular includes the issue relating to availment and utilization of cenvat credit clarifying that since the service provided by a goods transport agent for which the consigner or consignee is made liable to pay Service Tax, it does not become an output service for such consigner or consignee. Therefore, the Service Tax payable by the consigner or consignee on transportation of goods by road cannot be paid through credit accumulated by such consigner or consignee. Appeal is accordingly prayed to be dismissed. 3. After hearing both the parties, I am of the opinion as follows:- 4. The question to be adjudicated in the present appeal is: Whether a manufacturer having credit balance in his account can utilize

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output service as such is not eligible for Cenvat Credit. Hence payment of Service Tax thereof cannot be made from the accumulated Cenvat Credit is opined as incorrect. Though there are several other proviso attached to this sub-rule (4) but none of those provisos are applicable to the given situation. 5.1 In addition, there is an explanation that cenvat credit cannot be utilized for payment of service tax in respect of services where the person liable to pay tax is the service recipient. But this explanation got incorporated in this Rule vide Notification No.28 dated 20th June, 2012 with effect from 1st July, 2012. The period here is 2007-08 to 2009-10. Hence, the explanation cannot be made retrospectively applicable to the impugned period for which the above condition holds a good law that cenvat credit may be utilized for payment of Service Tax on any output service (including GTA service). Hon ble High Court of Punjab & Haryana in the case of CCE vs. M/s. Nahar Industrial Ente

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M/s. KLM Pack Versus The Commissioner GST & CCE Pondicherry

2019 (3) TMI 515 – CESTAT CHENNAI – TMI – Validity of SCN – Suppression of facts – extended period of limitation – Held that:- The SCN is not ipso facto adjudication; just a proposal which culminates in the adjudication order and during the adjudication proceedings, the adjudicating authority looks into all aspects of law, facts and explanations offered by the assessee, the final order and the demand follows thereafter and hence the arguments of the Ld. Consultant that for proposing entire demand, in the SCN itself is bad, cannot be accepted and hence, the same is rejected.

One hand, appellant claims that there was no suppression, longer period of limitation should not have been invoked; on the other hand it doesn’t explain difference in closing stock as at the end of the year and the opening stock as of next year. On being pointed out, it admits the duty liability but gives a working as to correct duty liability. Had there not been the show cause notice, the appellant would not

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, 2004 (CCR, 2004) the appellant is required to reverse the Cenvat credit involved on the closing stock of inputs and inputs contained in the finished goods available as on 31.03.2005 and after deducting such amount, credit if any, still remaining, shall lapse. It was alleged by the Revenue that the assessees have not correctly reversed the credit involved in the inputs lying in stock or raw materials in process or finished product as on 01.04.2005 when they opted for availing the benefit of exemption notification. Hence, a Show cause notice dated 09.01.2008 was issued proposing recovery of short payment of duty, interest and penalty under Rule 15(2) of CCR, 2004 read with Section 11 AC of Central Excise Act, 1944. On adjudication, proposals made in the SCN were confirmed and on appeal, the Commissioner (Appeals) rejected the appeal. On further appeal before the Tribunal the matter was remanded to the Commissioner (Appeals) for denovo consideration in the light of specific directions v

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rly, suppression cannot be alleged and the demand is clearly hit by limitation. The Commissioner (Appeals) has not even considered the Board s Master Circular No. 1053/2017-CX dated 10.03.2017, where in it has been clarified that extended period can be invoked only when there are ingredients necessary to justify the demand for the extended period in a case leading to short payment or non-payment of tax. Hence, the onus of establishing these ingredients lies on the Revenue for invoking extended period. Ld. Consultant submitted that Hon ble Supreme Court, Hon ble High Courts and Tribunals have consistently held in the following cases that when assessee is opting for exemption under Notification No. 8/2003, the assessee needs to reverse only the unutilized credit balance on the relevant date and once input credit is taken legally it cannot be denied after the issue of exemption notification. He relied on the following case laws in support of his contentions wherein similar view has been e

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ied on the findings in the impugned order and requested for upholding the same. 4.1 I have heard the rival submissions and have gone through the case laws cited by the Ld. Consultant. The SCN is not ipso facto adjudication; just a proposal which culminates in the adjudication order and during the adjudication proceedings, the adjudicating authority looks into all aspects of law, facts and explanations offered by the assessee, the final order and the demand follows thereafter and hence the arguments of the Ld. Consultant that for proposing entire demand, in the SCN itself is bad, cannot be accepted and hence, the same is rejected. 4.2. I have also gone through the explanation filed by the assessee vide acknowledgement dated 13.03.2008in response to the SCN which is filed along with the appeal memorandum at pages 42-44. In the second page i.e., at running page 43, appellant admits that …….the value for the purpose of calculation if duty should only be on the basic value of

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proposition that there was no suppression or that invoking extended period was wrong. 4.4 Further, in the subsequent paragraph/s appellant also indicates that on account of quality issues some of the material manufactured was rejected by its customer and the same was held back it its stock, with the following explanation: ….therefore, we may have to apply for destruction of this quantity…. If in case we apply for destruction of this material the excise duty involved on the proportionate quantity of raw materials contained therein will be reversed at the time of destruction….. 4.5 Much after this, as noted by the adjudicating authority, appellant did not file any documentary evidence to prove either the destruction as of above, or the reversal as indicated by it in its reply extracted above. Even if it is to be accepted that the reversal would depend on destruction, learned Commissioner (Appeals) in the impugned order observes at paragraph 8 as under:- …. As

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on 31.03.2005 as indicated by the appellant vide its letter dated 01.04.2005 was ₹ 1,03,975/-. On verification of P & L account of the appellant, the closing stock as on 31.03.2005 was ₹ 17,47,361/- as against the actual figure informed to the revenue. I find from their reply that there is no dispute raised as to the above findings of such a serious mismatch between the closing stock and opening stock, but still works out the balance if any, to be paid as indicated in the earlier paragraphs. 5. One hand, appellant claims that there was no suppression, longer period of limitation should not have been invoked; on the other hand it doesn t explain difference in closing stock as at the end of the year and the opening stock as of next year. On being pointed out, it admits the duty liability but gives a working as to correct duty liability. Had there not been the show cause notice, the appellant would not have come forward so gratefully, as there would not have arisen any oc

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M/s Elegant Chemicals Enterprises Pvt Ltd., M/s Procter & Gamble Hygiene & Health Care Pvt Ltd. Versus CC, CE & ST, Secunderabad – GST, Hyderabad – III

2019 (3) TMI 516 – CESTAT HYDERABAD – TMI – Valuation – mis-declaration of value – job-work – inclusion of amount paid by appellant no.2 as royalty to their parent concern in the value for discharging the central excise duty – period 2004-05 to 2007-08 – time limitation – Held that:- Undisputedly appellant is a job worker for appellant no. 2; manufactures Vicks Action 500 and Vicks Inhalers; discharges the duty liability on the said products based upon the formula of valuation as settled by the Apex Court in the case of Ujagar Prints [1989 (1) TMI 124 – SUPREME COURT OF INDIA] i.e. cost of materials plus job work charges (which includes job workers profit); filed regularly the cost sheets, declarations etc., with the authorities as being job worker of the appellant no.2.

In the absence of any knowledge of any payment made by appellant no. 2 to Procter & Gamble, USA, it cannot be held that appellant had misdeclared the value of the goods manufactured on job work basis. Further, i

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king the extended period for demanding the duty for the period 2004- 05 to 2007-08 is blatantly hit by limitation.

Appeal allowed – decided in favor of appellant. – Appeal No: E/574 & 575/2010 Dated:- 6-3-2019 – Mr. M.V. RAVINDRAN, MEMBER (JUDICIAL) And Mr. P.V. SUBBA RAO, MEMBER (TECHNICAL) Shri Vipin Verma, Advocate for the Appellant(s). Ms. B.V. Siva Naga Kumari & Shri Bhanu Kiran (ARs) for the Respondent. ORDER Per: M.V. Ravindran 1. These two appeals are directed against Order-in-Original No.19/2009-CE-Commr-HYD III/ADJN dated 11-12-2009. Since both the appeals are interconnected they are being disposed of by a common order. 2. The relevant facts that arise for consideration after filtering out unnecessary details are appellant (M/s Elegant Chemicals Enterprises Pvt Ltd.,) is engaged in the manufacture of Vicks Action 500 tablets and Vicks Inhaler as a job worker for appellant no.2 (Procter & Gamble Hygiene and Healthcare Limited) on job work basis. The job work agr

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dated 03-08-2009 was issued for demand of the duty for the period 2004-05 to 2007-08, demanding interest and also seeking to impose equivalent penalty on the appellant and penalty on appellant no.2. Both the appellants contested the show cause notice on merits as well as on limitation. The adjudicating authority after following due process of law, confirmed the demands raised with interest and also imposed penalties on both the appellants. 3. Learned Counsel submits after giving overall facet of the case submits the sequence of events which are reproduced as under: Date Event 19.09.2005 to 22.09.2005 Audit conducted by C & AG 13.10.2006 to 18.10.2006 Audit conducted A.G s Audit Party 12.11.2007 to 15.11.2007 Audit conducted A.G s Audit Party November, 2007 Audit by the Central Excise Audit Group December, 2008 Audit by the Central Excise Audit Group 16.04.1999 SCN issued to the Appellant demanding differential duty on job work valuation 27.09.2005 Appellant submitted details that t

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a proposal to demand differential excise duty on the ground that the valuation is to be done in terms of Rule 10A of the Vauation Rules for the period April 2007 onwards. 30.04.2009 OIO passed adjudicating the SCN dated 06.11.2008 confirming the demand 18.12.2018 Tribunal confirmed the OIO dated 30.04.2009 upholding the demand under Rule 10A for the period April 2007 to February 2008 It is his submission that the show cause notice seeking differential duty demand for the period in question is repetitive and of periodical one as earlier as show cause notices were issued. It is his submission that the valuation method adopted by the appellant for discharge of central excise duty on the goods manufactured and cleared as job worker is in terms of the decision of the Apex Court in the case of Ujagar Prints Vs Union of India [1989 (3) ELT 493 (SC)]. It is his submission that it can be seen from the table that there is overlapping of the demands in the case in hand. He would submit that it i

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rred by limitation in as much, the job work arrangement between appellant and appellant no.2 is within the knowledge of department since 1999, as a valuation dispute itself was raised on the goods manufactured on job work basis; there were regular audits conducted by the departmental authorities and C & AG department wherein job work agreement, manner of valuation of goods, has been examined and no demands were raised. It is his submission that for the period April 2003 – March 2007, proceedings were initiated against the appellant and method valuation adopted for job work manufactured goods is on record the copy of the Order-in-Original dropping demand is enclosed along with the appeal memoranda, and the said order is not contested by the Revenue. It is his further submission that as an alternative, the calculation of the demands is also incorrect as it has not considered the value of the goods cleared under Section 4A i.e. for the items Vicks Action 500 when they were brought int

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impugned order. 4. Learned Principal Commissioner (AR) after giving small picture of the activity undertaken by appellant submits that appellant no. 2 paid royalty charges to Procter & Gamble, USA and that value needs to be included in the value for discharging of central excise duty. She would submit that as per technical know-how and trade mark agreement dated 01.12.2004, between Procter & Gamble, USA and appellant no. 2, there is a transfer of manufacturing technology and know-how and trade mark for which royalty and technical fees are paid. It is the submission that once these amounts are paid towards royalty and technical fees, they have to become a part of assessable value as per the provisions of Section 4 r/w relevant rules of the valuation rules. She would gainfully refer to CBEC No. 619/10/2002 dated 19.02.2002 and submits that it was clarified so. It is her submission that the assessee contended that Rule 6 is not applicable as there is no additional consideration i

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ical submission of cost sheets with the authorities, method in which cost of production was arrived as per manufacturing agreement between appellant and appellant no. 2 was also considered in its correct perspective and has come to a conclusion that the duty liability arises. 5. Considered the submissions made by both sides and perused the records. 6. It transpires from the records that the demand of the differential central excise duty on the appellant and imposition of penalty on appellant no. 2 is based upon the allegation and the findings that appellant no.1 has misdeclared the value of the goods cleared by them. 7. Undisputedly appellant is a job worker for appellant no. 2; manufactures Vicks Action 500 and Vicks Inhalers; discharges the duty liability on the said products based upon the formula of valuation as settled by the Apex Court in the case of Ujagar Prints i.e. cost of materials plus job work charges (which includes job workers profit); filed regularly the cost sheets, de

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ought on record that appellant was aware of payment of royalty charges and technical fees by appellant no.2 to Procter & Gamble, USA and nor there is any allegation in the show cause notice that indicate so. In our view, in the absence of any knowledge of any payment made by appellant no. 2 to Procter & Gamble, USA, it cannot be held that appellant had misdeclared the value of the goods manufactured on job work basis. Further, in the entire proceedings, the Revenue has not disputed that appellant had been filing cost sheets along with the declaration made by appellant no.2 when they manufactured and cleared Vicks Action 500 and Vicks Inhalers from their factory premises. If that be so, alleging that there was a misdeclaration of the value in the case in hand seems to be unfounded and incorrect. 10. Secondly, reading the Apex Court Judgment in the case of Ujagar Prints the discharge of the duty liability by the appellant based upon the cost of material plus job works charges dur

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Prescribe the due dates for furnishing of FORM GSTR-1 for those taxpayers with aggregate turnover of more than ₹ 1.5 crores for the months of April, May and June, 2019

GST – States – CCT/26-2/2018-19/44/4396 – Dated:- 6-3-2019 – GOVERNMENT OF GOA Department of Finance Office of the Commissioner of Commercial Taxes Notification CCT/26-2/2018-19/44/4396 In exercise of the powers conferred by the second proviso to sub-section (1) of section 37 read with section 168 or the Goa Goods and Services Tax Act, 2017 (Goa Act 4 of 2017) (hereafter in this notification referred to as the said Act), the Commissioner, on the recommendations of the Council, hereby extends th

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Prescribe the due dates for furnishing of FORM GSTR-3B for the months of April, May and June, 2019 under the GGST Act, 2017

GST – States – CCT/26-2/2018-19/45/4397 – Dated:- 6-3-2019 – GOVERNMENT OF GOA Department of Finance Notification CCT/26-2/2018-19/45/4397 In exercise of the powers conferred by section 168 of the Goa Goods and Services Tax Act, 2017 (Goa Act 4 of 2017) (hereafter in this notification referred to as the said Act) read with sub-rule (5) of rule 61 of the Goa Goods and Services Tax Rules, 2017 (hereafter in this notification referred to as the said rules), the Commissioner, on the recommendations

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