Updates that Matter (UTM – No. 37) for Income tax, Excise, Customs, GST, Service tax

We are pleased to update you vide UTM’s (Key Update Alerts). Please find hereunder our “Updates that Matter

Service Tax: – Extension of time till 29-04-2016 for filing ST-3 Returns.
Due to difficulties faced by assessees in accessing the ACES application on 25th April, 2016, the Central Board of Excise & Customs hereby, extends the date of submission of the Form ST-3 for the period from 1st October 2015 to 31st March 2016, from 25th April, 2016 to 29th April, 2016.

Order-Instruction No. 1/2016 Dated: – 25-4-2016

DVAT: – Extension of date for filing of fourth quarter return of 2015-16.
The last date of filing DVAT return of fourth quarter of 2015-16, in Form DVAT-16, DVAT-17 and DVAT-48 along with required annexure/enclosures has been extended to 16-05-2016.

(Information as per sources – Unauthenticated – Circular Expected Today i.e. 27th April, 2016)

HVAT: – Another opportunity for Developers and to opt for lump sum scheme under Rule 49-A.
Haryana Government introduced a revised lump sum scheme for builders and developers on 24-09-2015. The scheme provided a simplified and hassle free mode of payment of tax to the developers. Under that scheme, a developer registered under the Haryana VAT Act, who has opted for the scheme was to pay, in lieu of tax payable under the HVAT Act, a lump-sum tax @ 1% of the aggregate amount of the amount specified in the agreement between the buyer and registered developer. A composition developer under the revised scheme was also authorized to make purchases of goods for use in execution of works contract from outside the state @2% against ‘C’ Form.

Some dealers could not opt for the scheme as they could not make up their mind within the limitation period of sixty days. Now there is another opportunity for those registered developers who could not opt for the scheme earlier may now opt for the scheme for the period 01-04-2016 onwards by submitting an application in form CD1 to the appropriate authority latest by 30-04-2016.

Customs: – Seeks to impose definitive anti-dumping duty on Barium Carbonate originating in or exported from China PR for a period of five years.
In exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, read with rules 18 and 20 of the Customs Tariff (Identification, Assessment and collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules,1995, the Central Government, after considering the final findings of the designated authority, hereby imposes on the Barium Carbonate, falling under tariff item 2836 60 00 of the First Schedule to the Customs Tariff Act originating in the countries as specified, exported from the countries as specified, produced by the producers as specified, exported by the exporters as specified, and imported into India, an anti-dumping duty at the rate equal to the amount as specified in the currency as specified and as per unit of measurement.

Notification No. 14/2016 ADD Dated: 21-4-2016

News and Press Release: –
CBEC takes Litigation Management and Dispute Resolution measures; Field formations file applications for withdrawal in 980 and 2174 cases in High Courts and CESTAT respectively as per the new threshold monetary limits prescribed; Out of this , High Courts allow withdrawal in 250 Cases and CESTAT in 202 cases.

News: – Amendment to Provident Fund Act.

A proposal for comprehensive amendment to the Employees’ Provident Funds and Miscellaneous Provisions (EPF & MP) Act, 1952 is under consideration of the Government which, inter alia, includes reducing threshold limit for coverage from 20 to 10 employees under the Act.

This was stated by Shri Bandaru Dattatreya, MoS (IC) Labour and Employment in written reply to a question in Lok Sabha.

Central Excise: – Withdrawal of Circulars/Instruction on excisability of bagasse, aluminum/zinc dross.

Rule 6 of the CENVAT Credit Rule (CCR), 2004 was amended with effect from 01-03-2015 by inserting explanation 1 and explanation 2 in the sub-rule (1) of rule 6. These explanations continue in the present Rule 6 also and are reproduced below for ease of reference:-

“Explanation 1. – For the purposes of this rule, exempted goods or final products as defined in clauses (d) and (h) of rule 2 shall include non excisable goods cleared for a consideration from the factory.

Explanation 2. – Value of non-excisable goods for the purposes of this rule, shall be the invoice value and where such invoice value is not available, such value shall be determined by using reasonable means consistent with the principles of valuation contained in the Excise Act and the rules made there under.”

Consequently, Bagasse, Dross and Skimmings of non-ferrous metals or any such by product or waste, which are non-excisable goods and are cleared for a consideration from the factory need to be treated like exempted goods for the purpose of reversal of credit of input and input services, in terms of rule 6 of the CENVAT Credit Rules, 2004.

Circular No. 1027/15/2016-CX Dated: – 25-4-2016

Central Excise: – Imposition of Central Excise duty on jewellery Constitution of sub-committee of the High Level Committee.

Names of the trade representatives in the Sub-Committee would be decided in consultation of with Dr. Ashok Lahiri, Chairman of the Sub-Committee.

Terms of reference of the Sub-Committee will include the issues related to compliance procedure for the excise duty, including records to be maintained, operating procedures and any other issues that may be relevant.

All associations will be given an opportunity to submit representation before the subcommittee in writing and the all India associations to state their case in person.

Circular No. 1025/13/2016-CX Dated: – 22-4-2016

Customs: – Insistence on documents of registration where not required.

It has been brought to notice that Customs officers are insisting on registration documents from importers on products which do not fall under the purview of the Legal Metrology Act, 2009 and rules made there under. Insistence on such documents has been reported to cause undue delay in the clearance of such consignments.
It is requested that all officers are sufficiently sensitized not to insist on registration documents under Legal Metrology Act, 2009 wherever it is not required.

Order-Instruction No. F. No. 401/69/ 2016- Cus III Dated: – 22-4-2016

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