E-way Bill Trial Phase Extended for Inter and Intra-State Goods Movement Due to Tech Issues; New Date Pending Notification.

E-way Bill Trial Phase Extended for Inter and Intra-State Goods Movement Due to Tech Issues; New Date Pending Notification.

GST
In view of difficulties faced by the trade in generating e-way bill due to initial technological glitches, it has been decided to extend the trial phase for generation of e-way bill, both for inter and intra state movement of goods. It'll be applicable from a date to be notified – CBEC
TMI Updates – Highlights, quick notes, marquee, annotation, news, alert

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GST TAXABILITY

GST TAXABILITY
Query (Issue) Started By: – CA BIJENDER KUMAR BANSAL Dated:- 2-2-2018 Last Reply Date:- 3-2-2018 Goods and Services Tax – GST
Got 2 Replies
GST
QUERY – One person purchases the online software license eg Antivirus keys. All keys come in email. The person sell those keys to Indian customers. Whether he needs to pay gst on import of goods as receiver.? Payment made by him through his credit card
Reply By MARIAPPAN GOVINDARAJAN:
The Reply:
In my view, yes, he is to pay

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E WAY BILL

E WAY BILL
Query (Issue) Started By: – raja raja Dated:- 2-2-2018 Last Reply Date:- 3-5-2018 Goods and Services Tax – GST
Got 4 Replies
GST
Dear Experts ,
Please guide me how to generate e way bill at situation
1)Material sending on supplier own vehicle
2)Material sending through unregistered transporter
Reply By Rajagopalan Ranganathan:
The Reply:
Sir,
Rule 138 (2) of CGST Rules, 2017 stipulates that " where the goods are transported by the registered person as a consi

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Seeks to exempt Integrated tax and Goods and Services Tax compensation cess on imported goods from the whole of levy of Social Welfare Surcharge.

Seeks to exempt Integrated tax and Goods and Services Tax compensation cess on imported goods from the whole of levy of Social Welfare Surcharge.
13/2018 Dated:- 2-2-2018 Customs -Tariff
Customs
Miscellaneous Exemption Notifications
Cus
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(Department of Revenue)
Notification No.13/2018- Customs
New Delhi, the 2nd February, 2018
G.S.R. 116 (E). – In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962) read with 1[section 110 of Finance Act, 2018 (13 of 2018)], the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts the goods specified in the First Schedule to the Customs Tariff Act,

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Seeks to postpone the coming into force of the e-way bill rules

Seeks to postpone the coming into force of the e-way bill rules
11/2018 Dated:- 2-2-2018 Central GST (CGST)
GST
CGST
CGST
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise and Customs
Notification No. 11/2018 – Central Tax
New Delhi, the 2nd February, 2018
G.S.R. 141 (E):- In exercise of the powers conferred by section 164 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Government hereby rescinds, except as respe

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Rescinding the Haryana Government Excise and Taxation Department Notification No.04/ST-2 dated 09th January, 2018 under the HGST Act, 2017

Rescinding the Haryana Government Excise and Taxation Department Notification No.04/ST-2 dated 09th January, 2018 under the HGST Act, 2017
31/ST-2 Dated:- 2-2-2018 Haryana SGST
GST – States
Haryana SGST
Haryana SGST
HARYANA GOVERNMENT
EXCISE AND TAXATION DEPARTMENT
Notification
The 2nd February, 2018
No. 31/ST-2.- In exercise of the powers conferred by section 164 of the Haryana Goods and Services Tax Act, 2017 (19 of 2017), the Governor of Haryana hereby rescinds, except as r

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Nexus India Capital Advisors Pvt. Ltd. Versus Commissioner, CGST, Kolhapur

Nexus India Capital Advisors Pvt. Ltd. Versus Commissioner, CGST, Kolhapur
Service Tax
2018 (3) TMI 863 – CESTAT MUMBAI – TMI
CESTAT MUMBAI – AT
Dated:- 2-2-2018
APPLICATION Nos. ST/COD/93245, 93279/17-Mum, APPEAL Nos. ST/87980, 88034/17-Mum – A/85267-85268/2018
Service Tax
MR. S.S. Garg, Member (Judicial)
Shri Jayesh Gagri, C.A., for appellant
Shri M.P. Damle, Assistant Commissioner (AR), for respondent
For the reasons stated in the applications, I condone the delay in filing both the appeals. Since the issue involved in both the appeals is identical and is in a narrow compass, I proceed to decide the appeal by this common order.
2. Briefly the facts of the present case are that the appellant is registered with the

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entral Excise Act, 1944 as made applicable to the Service Tax vide Section 83 of the Finance Act. Being aggrieved by the order-in-original, the appellant filed appeal before the Commissioner (Appeals) and the Commissioner (Appeals) dismissed the appeal being time barred and not maintainable under Section 85 of the Finance Act.
3. Heard both the parties and perused the records.
4. Learned counsel for the appellant submitted that the impugned order is not sustainable in law as the same has been passed by wrongly interpreting the provisions of the Act. He further submitted that the order-in-original dated 19.5.2015 was received by the appellant on 20.5.2015 and thereafter the appeal was filed to the Commissioner (Appeals) on 20.7.2015. He fu

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er considering the submissions of both the parties and perusal of the record, I find that the original authority passed the order on 19.5.2015 which was received by the appellant on 20.5.2015 and as per the period prescribed under Section 85 of the Finance Act, the appeal was to be filed within a period of two months before the Commissioner (Appeals). Further, I find that the last date to file the appeal was 19.7.2015 which was a Sunday i.e. a non-working day for the Central Government offices. In such a case, the last date for filing the appeal would shift to the next working day i.e. 20.7.2015 on which date the appeal was admittedly to have been filed. Therefore, I am of the view that in fact the appeal was filed within the limitation of

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M/s. Universal Cables Ltd. Versus Commissioner of GST, Central Excise, Customs, Jabalpur

M/s. Universal Cables Ltd. Versus Commissioner of GST, Central Excise, Customs, Jabalpur
Central Excise
2018 (3) TMI 1229 – CESTAT, NEW DELHI – TMI
CESTAT, NEW DELHI – AT
Dated:- 2-2-2018
Excise Appeal No. 51817 of 2017 – FINAL ORDER NO. 50691/2018
Central Excise
Mr. Justice (Dr.) Satish Chandra, President And Mr. V. Padmanabhan, Member (Technical)
Shri Dhruv Tiwari, Advocate for the Appellants
Shri S K Bansal, AR for the Respondent
The present appeal is filed by the appellant against the Order-in-Original No. 24/2017 dated 31.8.2017. Disputed period is September, 2012 to April, 2016.
2. Brief facts of the case are that the appellant is engaged in the manufacturing of insulated wires and cables which attract central excise duty under Chapter 85 of the Central Excise Tariff Act, 1985. The appellant cleared the final products after paying the Central Excise duty and also discharged VAT/CST under MPIIPAS.
3. With this background, we heard Shri Dhruv Tiwari a

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r hearing both sides and on perusal of record, it appears that the identical issue has come up before the Tribunal in the case of M/s. Pioneer Engineer Industries vs. CCE, Indore [Final Order No. 50392/2018 dated 25.1.2018 ] where it was observed that-
5. A5. After hearing both sides and on perusal of record, it appears that the identical issue has come up before the Tribunal in Shree Cement Ltd. vs. CCE, Alwar (Final Order No. 50189-50191/2018 dt. 18.01.2018) where it was observed that -fter hearing both sides and on perusal of record, it appears that the identical issue has come up before the Tribunal in Shree Cement Ltd. vs. CCE, Alwar (Final Order No. 50189-50191/2018 dt. 18.01.2018) where it was observed that –
“7. We have heard both sides at length and perused the appeal record. As out lined above, the appellants are covered by the Investment Promotion Schemes of the Rajasthan Government. In terms of the various schemes of the Rajasthan Government, the appellants are required t

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that after 01/07/2000, unless the sales tax/VAT is actually paid to the good, no benefit towards excise duty can be given in terms of Section 4(3)(d). However, we note that the Tribunal in the case of Welspun Corporation Ltd. (Supra) has distinguished the decision of the Apex Court in the light of Gujarat VAT Act, 2003. In the Welspun Corporation Ltd. case, the assesse had opted for remission of tax scheme under which a portion of the VAT paid was remitted back to the assessee. The Tribunal held that such subsidy amounts are not required to the included in the transaction value.
9. In the present case we know that for the initial period the assessees are required to remit the VAT recovered by them at the time of sale of the goods manufactured. A part of such VAT is given back to them in the form of subsidy in Challan 37 B. Such Challans are as good as cash but can be used only for payment of VAT in the subsequent period. In terms of the scheme of the Government of Rajasthan payment

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Rescission, in the Notification No. F.NO. FIN/REV-3/GST/1/08(Pt-1)/19 dated the 29th December, 2017 – Seeks to postpone the coming into force of the e-waybill rules.

Rescission, in the Notification No. F.NO. FIN/REV-3/GST/1/08(Pt-1)/19 dated the 29th December, 2017 – Seeks to postpone the coming into force of the e-waybill rules.
FIN/REV-3/GST/1/08(Pt-1)/079 Dated:- 2-2-2018 Nagaland SGST
GST – States
Nagaland SGST
Nagaland SGST
GOVERNMENT OF NAGALAND
FINANCE DEPARTMENT
(REVENUE BRANCH)
F.NO. FIN/REV-3/GST/1/08(Pt-1)/079
NOTIFICATION
Dated: 2nd February, 2018
In exercise of the powers conferred by section 164 of the Nagaland Goods and Se

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In order to clarify Appointment of Appellate Authority under the HGST Act, 2017.

In order to clarify Appointment of Appellate Authority under the HGST Act, 2017.
N0.1943-ET-4-2018/1534 Dated:- 2-2-2018 Haryana SGST
GST – States
Excise and Taxation Commissioner
Haryana, Panchkula
Endst.N0.1943-ET-4-2018/1534
Dated 02.02.2018
Order
Sh. R.B.S. Tewatia, Additional Commissioner of State Tax at the Head Office, Panchkula, is hereby appointed as the Additional Commissioner of State Tax (Appeals)-cum-Appellate Authority for the State of Haryana as defined in clause (8)

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Reorganization of customs Commisionerate, Visakhapatnam consequent to transferring the Customs functions hitherto handled by Central Excise Officers post implementation of GST

Reorganization of customs Commisionerate, Visakhapatnam consequent to transferring the Customs functions hitherto handled by Central Excise Officers post implementation of GST
PUBLIC NOTICE 05/2018 Dated:- 2-2-2018 Trade Notice
Customs
OFFICE OF THE PRINCIPAL COMMISSIONER OF CUSTOMS
CUSTOM HOUSE: PORT AREA: VISAKHAPATNAM – 530035
F. No: S10/20/2017- GP
Date 02-Feb-2018
PUBLIC NOTICE 05/2018
Subject: Regarding.
*****
Attention of all Importers, Exporters, Custom House Brokers, Steamer Agents, Custodians/Customs Cargo Service Providers, Trade Associations/Chamber of Commerce, and the Public is invited to the Notification no. 82/2017 – Customs (N.T.) dated 24-Aug-2017 issued by the Central Board of Excise and Customs specifyi

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tnam Municipal Corporation of Visakhapatnam in the state of Andhra Pradesh.
Additional Commissioner, or Joint Commissioner, or Deputy Commissioner, or Assistant Commissioner, of Customs working under the control of the Principal Commissioner of Customs, Visakhapatnam.
3. Further in exercise of the powers conferred by sub-section (1) of section 4 of the Customs Act, 1962 (52 of 1962), the Central Board of Excise and Customs, made amendments to notification no. 82/2017-Customs (N.T.) dated 24-Aug-2017, and issued a fresh Notification No. 03/2018-Customs (N.T.) dated 10-Jan-2018 expanding the Area of Jurisdiction under Principal Commissioner of Customs, Visakhapatnam and added the below mentioned areas.
Sl. No.
Newly added Areas
1
Contai

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Special provision for exemption from service tax in certain cases relating to services provided or agreed to be provided by Goods and Services Tax Network, retrospectively.

Special provision for exemption from service tax in certain cases relating to services provided or agreed to be provided by Goods and Services Tax Network, retrospectively.
Clause 104
Bill
SERVICE TAX
Finance Bill, 2018
104. Special provision for exemption from service tax in certain cases relating to services provided or agreed to be provided by Goods and Services Tax Network, retrospectively.
(1) Notwithstanding anything contained in section 66B of Chapter V of the Finance Act, 1994 (32 of 1994), as it stood prior to its omission vide section 173 of the Central Goods and Services Tax Act, 2017 (12 of 2017) (hereinafter referred to as the said Chapter), no service tax shall be levied or collected in respect of taxable s

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GST exemption on services rendered to foreign flag vessel in Indian Port

GST exemption on services rendered to foreign flag vessel in Indian Port
Query (Issue) Started By: – Pratap Kulhari Dated:- 1-2-2018 Last Reply Date:- 3-2-2018 Goods and Services Tax – GST
Got 7 Replies
GST
We render inspection services to foreign companies for foreign flag vessel in Indian Port.
The Foreign Company is based in Foreign and the Place of supply of the service is on the Vessel (Foreign Entity) in Indian Port.
The invoice is raised to the foreign entity and money is received from foreign in USD.
IS this exempted from GST (services) and under which clause?
Guidance is solicited from all.
Reply By KASTURI SETHI:
The Reply:
Place of Supply is in taxable territory India. Only receipt of foreign exchange will not

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owledge purpose. Thanks in advance
Reply By KASTURI SETHI:
The Reply:
Inspection service has been supplied in Indian territory and the same is consumed in India. Territory matters a lot.
Reply By Alkesh Jani:
The Reply:
Sir, I do agree with your point of view, but I only mean to say that If proper clarification like first point of departure and services crossed the customs frontier, amount received in foreign exchange, all together can be summed up for putting up the strong case for exemption. Please correct me, if mistaken
Reply By KASTURI SETHI:
The Reply:
Dear Alkesh,
Don't you find the difference between the phrases, "Inspection of vessel' and "Services on board" (service on vessel) ?
Discussion Forum

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E-way Bill in case of Motor Vehicles

E-way Bill in case of Motor Vehicles
Query (Issue) Started By: – ROHIT GOEL Dated:- 1-2-2018 Last Reply Date:- 3-5-2018 Goods and Services Tax – GST
Got 3 Replies
GST
Whether E-way bill is required in case of purchase of motor vehicle by ultimate consumer (unregistered person)? If yes, then what will be the vehicle number and Transporter ID in Part B of GST EWB 01 and who will fill part B of prescribed form.
Reply By MARIAPPAN GOVINDARAJAN:
The Reply:
If the said vehicle is transported in another vehicle then the said vehicle number and the transporter ID sare to be placed in part B of the EWB 01.
Reply By Ganeshan Kalyani:
The Reply:
In my view e way bill is not required as generally customer takes delivery of the vehicle

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E-WAY BILL – BILLED TO & SHIPPED TO

E-WAY BILL – BILLED TO & SHIPPED TO
Query (Issue) Started By: – SAFETAB LIFESCIENCE Dated:- 1-2-2018 Last Reply Date:- 3-5-2018 Goods and Services Tax – GST
Got 5 Replies
GST
Respected Experts,
Our company is in Pondicherry. We are placing orders through agents in chennai and the materials are coming from Mumbai or Gujarat or Hyderabad.
A is the manufacturer B is the agent C is us and user (Company). A has to raise Tax Invoice as Billed to B and Shipped to C. We were informed that at present Two e-way bills to be issued. One is raised by A and for the movement from Mumabi to Chennai and another e-way bill raised by B for the movement from Chennai to Pondicherry. Is right ? Also we were informed both e-way bills to be carrie

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INPUT ON HUMAN HEALTH SERVICES

INPUT ON HUMAN HEALTH SERVICES
Query (Issue) Started By: – knr varma Dated:- 1-2-2018 Last Reply Date:- 3-5-2018 Goods and Services Tax – GST
Got 10 Replies
GST
Manufacturing Company providing emergency health services to staff at working unit, Company paying gst for above services. Company can avail input credit on health services
Reply By Alkesh Jani:
The Reply:
Sir, from my point of view ITC for health service is not available in terms of Section 17(5)(b) of CGST Act, 2017. The health services has been specifically mentioned for non-availment of ITC.
Reply By KASTURI SETHI:
The Reply:
Health services have been completely exempted from GST. On which input service you have paid GST ?Mention specifically.
Reply By Alkesh J

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. In the instant case company is providing health services and is not a medical practitioner moreover, clinical establishment is required. In view of above company has to pay GST and ITC is not available. Please correct me.
Reply By KASTURI SETHI:
The Reply:
Dear Querist,
Pl. see legal meaning of the terms. a clinical establishment, an authorised medical practitioner or para-medics. Concept will be clear. After looking into dictionary, if concept is not clear to you, then ask again.
Reply By MARIAPPAN GOVINDARAJAN:
The Reply:
I endorse the views of Shri Kasthuri Sethi.
Reply By Alkesh Jani:
The Reply:
Sir, thanks a lot now I am clear Thanks again
Reply By Ganeshan Kalyani:
The Reply:
Health service is exempted from GST.
Reply B

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E-way bill

E-way bill
Query (Issue) Started By: – Ganeshan Kalyani Dated:- 1-2-2018 Last Reply Date:- 3-5-2018 Goods and Services Tax – GST
Got 4 Replies
GST
E-way bill is implemented from today i.e. 01.02.2018 for interstate movement of taxable goods. The goods which are exempted vide notification 2/2017-CTR are exempted from e way bill as well.
For intra state some states have implemented from today and some have deferred for few months.
All collegues querist are requested to take note of

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Clarification regarding applicability of GST on Polybutylene feedstock and Liquefied Petroleum Gas retained for the manufacture of Poly Iso Butylene and Propylene or Di-butyl para Cresol

Clarification regarding applicability of GST on Polybutylene feedstock and Liquefied Petroleum Gas retained for the manufacture of Poly Iso Butylene and Propylene or Di-butyl para Cresol
By: – CASanjay Kumawat
Goods and Services Tax – GST
Dated:- 1-2-2018

[Circular No. 29/3/2018-GST, dated 25.01.2018]
Background:
Manufacturers of Propylene or Di-butyl para Cresol and Poly Iso Butylene have stated that the principal raw materials for the manufacture of such goods are Liquefied p

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Corrigendum – Notification No. 6/2018-Central Tax (Rate), dated the 25th January, 2018

Corrigendum – Notification No. 6/2018-Central Tax (Rate), dated the 25th January, 2018
F.No.354/1/2018-TRU Dated:- 1-2-2018 Central GST (CGST) Rate
GST
CGST Rate
CGST Rate
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(Department of Revenue)
Corrigendum
New Delhi, the 1st February, 2018
G.S.R. 106 (E). – In the notification of the Government of India, Ministry of Finance (Department of Revenue), No.6/2018-Central Tax (Rate), dated the 25th January, 2018, published in the Gazette of

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Corrigendum – Notification No. 7/2018-Integrated Tax (Rate), dated the 25th January, 2018

Corrigendum – Notification No. 7/2018-Integrated Tax (Rate), dated the 25th January, 2018
F. No. 354/1/2018-TRU Dated:- 1-2-2018 Integrated GST (IGST) Rate
GST
IGST Rate
IGST Rate
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(Department of Revenue)
Corrigendum
New Delhi, the 1st February, 2018
G.S.R. 107 (E). – In the notification of the Government of India, Ministry of Finance (Department of Revenue), No.7/2018-Integrated Tax (Rate), dated the 25th January, 2018, published in the

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Corrigendum – Notification No. 6/2018-Union territory Tax (Rate), dated the 25th January, 2018

Corrigendum – Notification No. 6/2018-Union territory Tax (Rate), dated the 25th January, 2018
F.No.354/1/2018-TRU Dated:- 1-2-2018 Union Territory GST (UTGST) Rate
GST
UTGST Rate
UTGST Rate
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(Department of Revenue)
Corrigendum
New Delhi, the 1st February, 2018
G.S.R. 108 (E). – In the notification of the Government of India, Ministry of Finance (Department of Revenue), No.6/2018-Union territory Tax (Rate), dated the 25th January, 2018,

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Proactive Plast Pvt. Ltd. Versus State of U.P. And 2 Others

Proactive Plast Pvt. Ltd. Versus State of U.P. And 2 Others
GST
2018 (2) TMI 663 – ALLAHABAD HIGH COURT – TMI
ALLAHABAD HIGH COURT – HC
Dated:- 1-2-2018
Writ Tax No. 87 of 2018
GST
Hon'ble Pankaj Mithal And Hon'ble Saral Srivastava, JJ.
For the Petitioner : Mr Nishant Mishra
For the Respondent : C.S.C.
ORDER
Heard Sri Nishant Mishra, learned counsel for the petitioner and Sri C.B. Tripathi, Special Counsel for the State of U.P.
The petitioner is aggrieved by the seizure of his goods vide impugned order dated 20.01.2018 passed under Section 129(1) of the U.P. Goods and Services Tax Act, 2017 (hereinafter referred to as the U.P.G.S.T.).
The submission is that as admittedly the seized goods were in transit f

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ters relating to inspection, search and seizure under the said Act.
Rule 138 of the Rules framed under the Central G.S.T. provides that till such time E-Way bill system is developed and approved by the Council, the Government by notification may specify the documents which are to be carried with the consignment of goods. In exercise of the said power a notification has been issued which provides for the carrying of E-Way bill with the goods in transit but the same is applicable has been enforced w.e.f. 1st February, 2018 and not before.
Simultaneously, U.P.G.S.T. also contains similar provisions and in exercise of the power under Rule 138 of the Rules framed under the U.P.G.S.T. by a notification dated 21.07.2017 has made E-Way bill manda

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RP Techsoft International Pvt. Ltd. Versus Union of India And The Commissioner of Central GST And Central Excise, Thiruvananthapuram

RP Techsoft International Pvt. Ltd. Versus Union of India And The Commissioner of Central GST And Central Excise, Thiruvananthapuram
Central Excise
2018 (3) TMI 350 – KERALA HIGH COURT – 2018 (13) G. S. T. L. 265 (Ker.)
KERALA HIGH COURT – HC
Dated:- 1-2-2018
W. P. (C). No. 40371 of 2017
Central Excise
MR. A. MUHAMED MUSTAQUE, J.
For The Petitioner : Sri. M. Gopikrishnan Nambiar Sri.P.Gopinath Sri.K.John Mathai Sri.Joson Manavalan Sri.Kuryan Thomas Sri.Paulose C. Abraham
For The Respondent : Sree Lal N. Warrier, SC,
JUDGMENT
The petitioner claim that they procure IT products and install the products in the premises of customers after customizing it according to the choice and options of such customers.
2. The petitioner claims to have paid service tax for the service undertaken by them. Their activities include purchasing from different vendors and integrate such components of hardware and software to make such products suitable for the customers. According

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d the point of law involved in the matter with respect to the facts and therefore, this Court cannot invoke its power under Article 226 of the Constitution as an appellate authority to interfere with such assessment order.
5. Learned counsel for the petitioner submitted that the Commissioner committed a grave jurisdictional error in passing the order. According to the learned counsel, it is overlooking facts involved in this matter, the Commissioner passed the order. Learned counsel particularly submitted that the Commissioner only had adverted to the point of law involved without referring to the factual situation involved. According to him, there is no corelation between the law discussed by the Commissioner with the facts involved and therefore, the matter should be remitted back for reconsideration.
5. At the first instance I can say that the order is not legally sustainable. As adverted in the impugned order itself, it has to be shown that the petitioner has manufactured goods.

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sideration as a 'manufacturer of goods' or not.
6. The petitioner's case is that they have provided service to different customers in the assessment year and each of such services would depend upon the requirement of such customers. The main activity, according to the petitioner, is the supply and installation of goods purchased from the vendor by integrating such goods to the need of such customer. Therefore, in such situation, the Commissioner will have to examine each of such activities on a focal point whether it fall within the meaning of manufacturing goods or not. In view of the fact that the Commissioner had not adverted to the vital aspect, it is necessary to remand the matter back to the Commissioner for reconsideration.
7. The power of the Commissioner would depend upon the factual situation. In that sense, without adverting to the factual situation, the Commissioner could not have exercised the power. That means the Commissioner had erred in exercising the jur

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Saraiwwalla Agrr Refineries Ltd., Versus CCE, C & ST, Hyderabad-II And Commissioner of Central Excise, Customs and Service Tax, Guntur, Nellore And Rangareddy – GST

Saraiwwalla Agrr Refineries Ltd., Versus CCE, C & ST, Hyderabad-II And Commissioner of Central Excise, Customs and Service Tax, Guntur, Nellore And Rangareddy – GST
Central Excise
2018 (3) TMI 838 – CESTAT HYDERABAD – TMI
CESTAT HYDERABAD – AT
Dated:- 1-2-2018
E/30967/2016, E/30968/2016, E/2101/2012, E/26181/2013, E/20216/2015, E/22027/2015, E/31158/2016, E/31159/2016, E/31160/2016, E/31161/2016, E/31162/2016, E/31155/2017, E/31298/2017 – FINAL ORDER No. A/30233-30245/2018
Central Excise
MR. M.V. RAVINDRAN, MEMBER (JUDICIAL) AND R. MADHU MOHAN DAMODHAR, MEMBER (TECHNICAL)
[Order per: Bench]
Appeal Nos. E/30967 & 30968/2016 are directed against Orders-in-Appeal Nos. HYD-CEX-002-APP-013 and 014-16-17 CE dated 22.07.2016.
2. When these two matters were called out, Learned Counsel Shri Anwar Ali submits that similar/identical matters of the very same appellants are pending before this Bench for adjudication.  He produces the list of appeals.  We called for

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Agrr Refineries Ltd.,
Commissioner of Customs, Central Excise & Service Tax, Nellore
OIA No. VIZ-EXCUS-003-APP-022-16-17 dated 26.08.2016
7.
E/31160/2016
Saraiwwalla Agrr Refineries Ltd.,
Commissioner of Customs, Central Excise & Service Tax, Nellore
OIA No. VIZ-EXCUS-003-APP-023-16-17 dated 26.08.2016
8.
E/31161/2016
Saraiwwalla Agrr Refineries Ltd.,
Commissioner of Customs, Central Excise & Service Tax, Nellore
OIA No. VIZ-EXCUS-003-APP-024-16-17 dated 26.08.2016
9.
E/31162/2016
Saraiwwalla Agrr Refineries Ltd.,
Commissioner of Customs, Central Excise & Service Tax, Nellore
OIA No. VIZ-EXCUS-003-APP-025-16-17 dated 26.08.2016
10.
E/31155/2017
Saraiwwalla Agrr Refineries Ltd.,
Commissioner of Central Tax, Guntur- GST
OIA No. VIZ-EXCUS-003-APP-023-17-18 dated 17.07.2017
11.
E/31298/2017
Saraiwwalla Agrr Refineries Ltd.,
Commissioner of Central Tax, Rangareddy  GST 
OIA No. HYD-EXCUS-RRC-APP-010-17-18 (APP-I) dated 14.09.2017
On perusal of the same

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these appeals the appellant had claimed the benefit of the same notification for non discharge of Central Excise duty on the products as indicated herein above.  We reproduce the ratio from the Larger Bench decision headed by the Honble President as contained in paragraph No. 10 & 11:
“10. In view of the ratio adopted by the Apex Court while arriving at the above decisions, the point for consideration in the present dispute is the gums, waxes and fatty acid that emerge as a by-product can be considered as a products arising out of a manufacturing process.  The appellants are engaged in converting crude rice bran oil into refined rice bran oil.  In effect the processes undertaken by them are towards this intended final product.  For producing refined rice bran oil, the gums and waxes available in the crude rice bran oil are to be removed by de-guming and de-waxing.  Thereafter by a process of de-acidification/de-odourisation, by distillation the refined oil

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e intermediating stages also.  The point for consideration is whether these are to be considered as manufactured goods for excise levy based on the statutory definition for manufacture or should be considered as manufactured goods based on the likely value they may command while selling.  We are clear that the value that a product may or may not fetch cannot be a determinative factor to decide whether the same is a manufactured final product/by product or a waste/refuse arising during the course of manufacture of final products.  This much is clear from the ratio of the Apex Court decision in Indian Aluminium Co. (supra).  While no general guidelines can be laid down to decide when a product will be treated as a waste or a by-product, in the present set of facts the products under consideration are clearly not in the nature of by-products emerging during the course of manufacture.  The process of manufacturing refined vegetable oil is essentially by removing th

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The Arunachal Pradesh Goods and Services Tax (Thirteen Amendment) Rules, 2017.

The Arunachal Pradesh Goods and Services Tax (Thirteen Amendment) Rules, 2017.
68/2017-State Tax Dated:- 1-2-2018 Arunachal Pradesh SGST
GST – States
Arunachal Pradesh SGST
Arunachal Pradesh SGST
GOVERNMENT OF ARUNACHAL PRADESH
DEPARTMENT OF TAX & EXCISE
ITANAGAR
–
Notification No. 68/2017-State Tax
The 1st February, 2018
No. GST/23/2017.-In exercise of the powers conferred by section 164 of the Arunachal Pradesh Goods and Services Tax Act, 2017 (7 of 2017), the State Government hereby makes the following rules further to amend the Arunachal Pradesh Goods and Services Tax Rules, 2017, namely :-
(1) These rules may be called the Arunachal Pradesh Goods and Services Tax (Thirteen Amendment) Rules, 2017.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Arunachal Pradesh Goods and Services Tax Rules, 2017, –
(i) in rule 43, after sub-rule (2), the following explanation shall be inserted, namely :-
“Explanation – Fo

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spect of that process or procedure, include manual filing of the said application, intimation, reply, declaration, statement or issuance of the said notice, order or certificate in such Forms as appended to these rules.”;
(iv) after rule 107, the following rule shall be inserted, namely :-
“107A. Manual filing and processing. – Notwithstanding anything contained in this Chapter, in respect of any process or procedure prescribed herein, any reference to electronic filing of an application, intimation, reply, declaration, statement or electronic issuance of a notice, order or certificate on the common portal shall, in respect of that process or procedure, include manual filing of the said application, intimation, reply, declaration, statement or issuance of the said notice, order or certificate in such Forms as appended to these rules.”;
(v) after rule 109, the following rule shall be inserted, namely :-
“109A. Appointment of Appellate Authority – (1) Any person aggrieved by any deci

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s 89(1) and 97A]
Application for Refund (Manual)
(Applicable for casual taxable person or non-resident taxable person, tax deductor, tax collector and other registered taxable person)
1.
GSTIN / Temporary ID
 
2.
Legal Name
 
3.
Trade Name, if any
 
4.
Address
 
5.
Tax period (if applicable)
From   To
6.
Amount of Refund Claimed (Rs.)
Act
Tax
Interest
Penalty
Fees
Others
Total
Central tax
 
 
 
 
 
 
State/UT tax
 
 
 
 
 
 
Integrated tax
 
 
 
 
 
 
Cess
 
 
 
 
 
 
Total
 
 
 
 
 
 
7.
Grounds of Refund Claim (select from drop down) ITC)
(a)
Excess balance in Electronic Cash Ledger
(b)
Exports of services- with payment of tax
(c)
Exports of goods / services- without payment of tax (accumulated ITC)
(d)
ITC accumula

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mic Zone developer has not availed of the input tax credit of the tax paid by the applicant, covered under this refund claim.
Signature
Name –
Designation/Status
SELF- DECLARATION [rule 89 (2)(l)]
I/We ____________________ (Applicant) having GSTIN/ temporary Id -, solemnly affirm and certify that in respect of the refund amounting to Rs. / with respect to the tax, interest, or any other amount for the period fromto-, claimed in the refund application, the incidence of such tax and interest has not been passed on to any other person.
Signature
Name –
Designation/Status
(This Declaration is not required to be furnished by applicants, who are claiming refund under clause (a) or clause (b) or clause (c) or clause (d) or clause (f) of sub-section (8) of section 54.)
8. Verification
I/We hereby solemnly affirm and declare that the information given herein above is true and correct to the best of my/our knowledge and belief and nothing has been concealed therefrom. I

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tax (accumulated ITC) – calculation of refund amount
(Amount in Rs.)
Turnover of zero rated supply of goods and services
Net input tax credit
Adjusted total turnover
Refund amount (1×2/3)
1
2
3
4
 
 
 
 
FORM-GST-RFD-01 B
[See rules 91(2), 92(1), 92(3), 92(4), 92(5) and 97A]
Refund Order details
1.
ARN
2.
GSTIN / Temporary ID
3.
Legal Name
4.
Filing Date
5.
Reason of Refund
6.
Financial Year
7.
Month
8.
Order No.:
9.
Order issuance Date:
10.
Payment Advice No.:
11.
Payment Advice Date:
12.
Refund Issued To : Drop down: Taxpayer / Consumer Welfare Fund
13.
Issued by:
14.
Remarks:
15.
Type of Order Drop Down: RFD- 04/ 06/ 07 (Part A)
16.
Details of Refund Amount (As per the manually issued Order):
 
Marnya Ete
Commissioner to the
Government of Arunachal Pradesh,
Itanagar.
Note : The principal rules were published in the Gazette of Arunachal Pradesh (APGST Rules, 2017), Extraordinary, No. 281, Vol. Naharlagun,

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