Compound levy on SS Patta/Patti units: Controversy continues

Prepared By:

CA Pradeep Jain,

Sukhvinder Kaur, LLB [FYIC]



Introduction:



The issue involved in this piece was dealt by us in an earlier article titled “Controversy on Education Cess and Secondary & Higher Education Cess in SS cold rolled Patta/Patti Industries”. Now we are writing another piece discussing the continuing controversy on the issue of inclusion of or non inclusion of Education cess and SHE cess in excise duty under compound levy on SS Patta/patti & Aluminium circles.

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Cenvat credit on building material: - Tax Expert or Jyotishi

Prepared By: -

CA Pradeep Jain,

Sukhvinder Kaur, LLB[FYIC]

CA Ridhi Anchalia



Introduction: -



This is most interesting remark we got on our article “Amendment on Cenvat on building material: Far from solutions” after the pronouncement of Larger Bench decision in case of Vandana Global Limited [2010-TIOL-624-CESTAT-DEL-LB]. In the aforesaid piece prepared by me along with Sukhvinder Kaur and Neetu Sukhwani, we have opined that after the amendment in the definition of “inputs”, the earlier cases will be decided in favour of manufacturers as the amendment is prospective and not retrospective. But our conclusion was wrong and Larger bench of Delhi Tribunal has given the decision in favour of Revenue. Then comes this interesting Comment. Comments from Readers of our website are always source of our inspiration. This remark has also prompted us to write this second piece on this subject in light of the latest larger bench decision. Read More

Packing the dispute of branded goods on packing material

Prepared By:-

CA. Pradeep Jain,

Sukhvinder Kaur LLB[FYIC]

And CA Ridhi Anchalia

Introduction: -



There are already two articles published on our website www.capradeepjain.com on this issue. The title of these articles was “SSI exemption: - The branded issue” and “Brand name for packing material:- all is well when ends well”. The budget has made further amendment while passing the budget to end the controversy. This amendment has prompted us to write this third piece on this very same issue. We will discuss the issue in brief to have a better understanding of the subject and thereafter will discuss the implications of this amendment,Read More

Non- Melting Controversy on Melting Scrap- Part-II

Prepared By: -

CA. Pradeep Jain

Sukhvinder Kaur LLB[FYIC]

And CA. Ridhi Anchalia



Introduction: -



It is truly said that litigation never stops. Litigation and law are twins and will go along. It is immaterial how perfectly a provision is framed. We have already written an article on the controversy of melting scrap of stainless steel titled as “Non melting controversy on melting scrap”. It can be viewed on our website www.capradeepjain.com.Read More

Non- Melting Controversy on Melting Scrap- Part-II

Prepared By: -

CA. Pradeep Jain

Sukhvinder Kaur LLB[FYIC]

And CA. Ridhi Anchalia



Introduction: -



It is truly said that litigation never stops. Litigation and law are twins and will go along. It is immaterial how perfectly a provision is framed. We have already written an article on the controversy of melting scrap of stainless steel titled as “Non melting controversy on melting scrap”. It can be viewed on our website www.capradeepjain.com.Read More

Job Work: Better late than never

Prepared By:

CA Pradeep Jain

Sukhvinder Kaur, LLB

Introduction: -



In this article, we are discussing the issue of eligibility of a jobworker in availing cenvat credit on inputs used by him in the manufacture of goods on jobwork basis. We have already written two articles on this issue. The first titled “Jobwork, Cenvat & Litigation-Good Job for Consultants” is already available on our website www.capradeepjain .com. In this article, we have discussed how the large demands have been created by the department under Rule 6 of Cenvat credit Rules.Read More

28/2010-CE, Dated: 22/06/2010

 G.S.R.       (E).-    In exercise of the powers conferred by sub-section (1) of section 5A of the Central Excise Act, 1944 (1 of 1944) read with sections 91 and 93 of the Finance (No.2) Act,  2004 (23 of 2004), Read More...