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20 October, 2014

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Updates that Matter (UTM # 16)

Dear All,

Please find below the “Updates that Matter (UTM # 16)”,

Ø  Service Tax & CE: - CBEC scraps 15 Internal Reports. No benefit of less reporting to assessees.


Ø  Service Tax: - CBEC’s U-Turn on Service tax on Foreign Remittance


Ø  Central Excise :- Reorganisation of CBEC Field Offices



Ø  DVAT :- Sale of Microphones are taxable @ 12.5% and not 5%


Ø  VAT Refund (Delhi) :- Form 12 & Form 13 Prescribed for refunds



Ø  Transfer Pricing :- India-Poland DTAA cuts down tax rates

a)      ST  & CE: - Board has decided to do away with fifteen reports it regularly receives from the field formations. A relief to CBEC officials. Assessee waiting for their share !


CBEC Instructions in F.No.354/156/2014-TRU, Dated: October 10, 2014

b)    ST:  The recent clarification issued by CBEC is a apparent superceding circular to the earlier circular No. 163/14/2012-ST dated 10.7.2012. Circular No. 163 in principle clarified that no service tax shall be applicable in case of foreign inward remittance. Circular No. 180/06/2014 now explains the factual ambit as much larger in the current practice and uses POPS to tax aide!.  


Circular No. 180/06/2014 – ST dated 14.10.2014



c)    CE: CBEC have decided to go ahead with its massive overhaul of field offices with effect from today. Spend the next few days searching for your Central Excise/Service Tax offices, their addresses and the officers..


CBEC Office Order no. 189/2014, Dated: October 14, 2014


d)    DVAT: - Sale of Microphones for speech and sound amplifier and other allied products whose usage by end consumer is not known at the time of sale shall be liable to be taxed @ 12.5% and not under entry No. 41(A)(10) of Schedule III of DVAT Act.


Determination Order No. 367/CDVAT/2014/299           


e)    VAT Refund:- Now, Application for refund arising out of a judgment  of a Court or Tribunal or Value Added Tax authorities shall be filed in Form 12. A certified copy of such judgment or order shall be attached with the refund claim.


Payment of tax, interest, penalty or any other amount due under the Central Sales Tax Act, 1956 or rules framed there-under shall be made in Form 13 in the manner prescribed under the Delhi Value Added Tax Act, 2004 and rules framed there under.”


No. F.3(2)Fin(Rev-I)/2014-2015/DS-VI/784


f)     Transfer Pricing: - Protocol to India-Poland DTAA cuts down tax rates: 10% tax on dividend and interest, 15% tax on royalty and FTS





CA.Ankit Gulgulia (Jain)|B.COM(H), C.A, C.IFRS, C.B.V

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