Team ALA Legal Archive

Case Analysis of “CCE Vs. Madhan Agro Industries (I) Pvt. Ltd”, CIVIL APPEAL NO. 1766 of 2009

Issue: Classification under Central Excise Tariff Act, 1985 Facts: Aggrieved by the orders passed by the Hon’ble CESTAT wherein it was held that the coconut oil manufactured and packed in “small containers” by the Assessees is classifiable under Heading 1513 (coconut oil) and not under Heading 3305 (hair oil) of the Central Excise Tariff Act, …

Simplified GST Return

Return has been simplified by reducing the content of the return and implementation. The key elements of the new mechanism are as follows: (i) One monthly return for all taxpayers except composition dealers and dealers having ‘Nil’ transaction. Return design will be simplified and tax payers shall be also given user friendly IT interface and …

Case Analysis Of “ADITYA SURGICAL CO. Vs. STATE OF KARNATAKA” [2018 (10) GSTL 284 (Kar.)]

Issue:    Classification under KVAT Act, 2003 Facts:  Petitioner was aggrieved by the order by Commissioner of Commercial Tax under Section 59(4) of KVAT, 2003 in which it was held that blood collection monitors, blood storage refrigerators, platelet agaitators with incubators, plasma expressers, plasma and cyrobath will come under the Residuary Entry under Section 4(1)(b)(iii) and …

Benami Transactions: Tracing the evolution of Benami law in India

Meaning of ‘Benami Transaction’: Purchase or holding of properties in the name of another is known in India, as a “Benami transaction”. The word ‘Benami’ literally means ‘without name’. The essential legal characteristic of these transactions is that there is no intention to benefit the person in whose name the transaction is made. The Benamidar …

Procedure provided for Refund of IGST in case of exports which were pending due to mismatch of data

The issue of blocked IGST refunds due to various mismatches in case of Exports on payment of IGST was long pending. The biggest reason for such blockage was mismatch in invoice data between Customs EDI System, i.e., Shipping Bill details and GST Network data, i.e., details of Table 6A of GSTR-1. Procedure for resolution of …

Note on Self-Sealing Procedure for Exporters

Implementation of electronic sealing for containers by exporters under self-sealing procedure has been prescribed by circular 26/2017-Cus dated 1.01.2017, 36/2017-Cus, dated 28.08.2017 and 37/2017-Cus dated 20.09.2017. The revised procedure of the CBEC vide Circular No. 41/2017-Customs dated 30 October 2017 has been notified and the said procedure is to be finally implemented from 8th November 2017. Some …