Update as on July 14, 2014

RECENT JUDGMENTS:

High Court of Bombay:

·          Ramesh Ramchandra @ Dhenu Rathod vs. The State of Maharashtra  [11.07.2014]

·          Municipal Corporation of Greater Bombay, through General Manager Bombay Electric Supply and Transport Undertaking vs. General Secretary, BEST Workers Union  [11.07.2014]

·          Commissioner of Income Tax-4, Mumbai 400 020 vs. M/s Hindustan Organics Chemicals Ltd., Mumbai 400 002  [11.07.2014]

·          K and M Sheltors Private Ltd. vs. Mrs. Poonam V. Punjabi And 3 Ors.  [09.07.2014]

·          The Commissioner of Income Tax-7, Mumbai 400 020 vs. M/s Diageo India Pvt. Ltd.  [09.07.2014]

·          The State of Maharashtra vs. Anil S/o Jagannath Pawar  [11.07.2014]

·          Laxmanrao Mahadeo Nikose vs. Narayan Mahadeo Nikose & Ors.  [08.07.2014]

RECENT STATUTES:

·          Place of Provision of Services (Amendment) Rules, 2014

·          Point of Taxation (Amendment) Rules, 2014

·          Service Tax (Determination of Value) Amendment Rules, 2014

·          Service Tax (Amendment) Rules, 2014

·          Project Imports (Amendment) Regulations, 2014

·          Pan Masala Packing Machines (Capacity Determination and Collection of Duty) Second Amendment Rules, 2014

·          CENVAT Credit (Sixth Amendment) Rules, 2014

·          Central Excise Valuation (Determination of Price of Excisable Goods) Amendment Rules, 2014

·          Central Excise (Third Amendment) Rules, 2014

RECENT NOTIFICATIONS:

·          Seeks to amend Pan Masala Packing Machines (Capacity Determination and Collection of Duty) Rules, 2008

·          Seeks to amend Cenvat Credit Rules, 2004

·          Seeks to amend Central Excise Valuation Rules, 2008

·          Seeks to amend Central Excise Rules, 2002

·          Seeks to specify class of persons for the purposes of section 23A of the Central Excise Act, 1944

·          Seeks to amend Notification No. 49/2008-CE (NT), dated 24th December, 2008

·          Seeks to amend notification No. 230/86-Customs, dated the 3rd April, 1986 so as to notify concerned State Governments as sponsoring authority for Metro Rail Projects covered under the Project Import Regulations, 1986

·          Seeks to amend notification No. 51/96-Customs, dated the 23rd July, 1996 so as to provide flexibility in securing registration from DSIR to avail duty benefit for setting up of R&D units

·          Seeks to exempt from customs duty goods required for the National AIDS Control Programme funded by GFATM

·          Seeks to amend notification No. 84/97-Customs, dated the 11th November, 1997 so as to allow transfer/sale/re-export goods imported prior to 1.3.2008 for use in projects financed by the UN or an international organization

·          Seeks to amend notification No. 21/2012 Customs, dated the 17th March, 2012 so as to make necessary changes in the specified entries therein

·          39/96-Customs, dated the 23rd July, 1996 so as to omit the words ‘Portable X-ray machine/system’ and to provide exemption for goods imported by NTRO

·          Seeks to amend notification No. 14/2012 Customs, dated the 17th March, 2012 so as to provide for levy of secondary and higher education cess on CVD portion of customs duty leviable on imported IT products

·          Seeks to amend notification No. 13/2012 Customs, dated the 17th March, 2012 so as to provide for levy of education cess on CVD portion of customs duty leviable on imported IT products

·          Seeks to amend notification No. 10/2008 Customs, dated the 15th January, 2008 so as to delete tariff item 3903 19 90 in respect of CECA

·          Seeks to amend notification No. 09/2012 Customs, dated the 09th March, 2012 so as to increase the variation levels in respect of re-import of cut and polished diamonds

·          Seeks to amend notification No. 27/2011 Customs, dated the 01st March, 2011 so as to increase the export duty on Bauxite from 10% to 20%

·          Seeks to amend notification No. 01/2011-Customs, dated the 06th   January, 2011 so as to reduce BCD to 5% and CVD to Nil on machinery for initial setting up of solar energy production projects

·          Seeks to amend notification No. 81/2005-Customs, dated the 08th September, 2005 so as to reduce BCD to 5% on machinery required for setting up of compressed bio-gas (Bio-CNG) projects

·          Seeks to amend notification No. 12/2012-Customs, dated the 17th March, 2012 so as to make necessary changes in the specified entries therein

·          Seeks to amend notification No. 24/2005-Customs dated 1st March 2005 so as to levy BCD @ 10% on specified telecommunication products not covered under the ITA

·          Seeks to specify the class of persons for the purposes of section 96A of the Finance Act,1994

·          Seeks to amend the Place of Provision of Services Rule, 2012, to prescribe or modify the place of provision of services for certain specified services

·          Seeks to amend the Point of Taxation Rules, 2011, to prescribe the point of taxation for the services on which person liable to pay service tax is the recipient

·          Seeks to notify the interest rate applicable in cases of delayed payment of service tax for the purposes of section 75 of the Finance Act, 1994

·          Seeks to amend the Service Tax (Determination of Value) Rules, 2006 so as to prescribe the percentage of service portion in respect of works contracts, other than original works contract

·          Seeks to amend the notification No.30/2012-ST dated 20th June,2012, so as to prescribe, the extent of service tax payable by the service provider and  the recipient of service, for certain specified services

·          Seeks to amend the Service Tax Rules,1994 so as to prescribe,- (i)  the person liable to pay service tax for certain specified services and (ii)  mandatory e-payment of service tax for all the assessees, with effect from 1st October, 2014

·          Seeks to amend notification No. 26/2012- Service Tax, dated 20th June, 2012, so as to make necessary amendments in the specified entries prescribing taxable portion   and the conditions for availing the exemption therein

·          Seeks to amend notification No.12/2013-ST dated 1st July, 2013, relating to exemption from service tax to SEZ Units or the Developer

·          Seeks to amend notification No. 25/2012- Service Tax, dated the 20th June, 2012, so as to amend certain existing entries granting exemption on specified services and inserting new entries for granting exemption from service tax on specified services

RECENT BILL:

·          The Andhra Pradesh Reorganisation (Amendment) Bill, 2014

RECENT FOREIGN COURT DECISIONS:

England & Wales High Court (Chancery Division) Decision:

·          Carewatch Care Services Ltd v Focus Caring Services Ltd & Ors [2014] EWHC 2313 (Ch) (11 July 2014)

England & Wales High Court (Queen’s Bench Division) Decisions:

·          Alanni Haynes v Kingston Hospital NHS Trust [2014] EWHC 2321 (QB) (11 July 2014)

·          Halcyon House Ltd v Caroline Baines & Ors [2014] EWHC 2216 (QB) (11 July 2014)