Indirect Taxes

CBIC issues clarification on applicability of recent changes related to refund under Inverted Duty Structure.

Circular No. 181/13/2022 – GST dated 10-11-2022.

Service tax – Sec. 66A – Consulting Engineering service received from abroad prior to 18-04-2006 was not taxable in the hands of recipient in India under Reverse Charge Mechanism.

C.S.T. Delhi v. Sojitz Corporation – [2022] 144 taxmann.com 100 (SC).

Notice was issued to decide on question as to whether salary paid on secondment of employees is taxable u/s 65(105) of Finance Act, 1994.

Commissioner of GST and Central Excise, Chennai v. Komatsu India (P.) Ltd. – [2022] 144 taxmann.com 91 (SC).

Central Excise – Sec. 4 – Valuation of own manufactured goods along with bought out items sold after packing in one carton, would be in terms of Rule 11 of Central Excise Valuation Rules, 2000, i.e., sale price of both.

Sec. 11 – Extended period of limitation was not invokable when entire issue was in knowledge of department.

Raychem RPG Ltd. v. Commissioner of Central Excise – [2022] 144 taxmann.com 99 (SC).

Bank guarantee required to de-freeze bank account provisionally attached cannot include interest and penalty payable.

Mitansh Impex v. State of Gujarat – [2022] 144 taxmann.com 87 (Gujarat).

Customs – Sec. 48 – Order of NCLAT holding that an issuance of Moratorium Order under Insolvency and Bankruptcy Code, 2016, assets in form of uncleared cargo lying with customs for past many years could not be alienated by Customs Department by auctioning them, could not be interfered with.

Commissioner of Customs v. Ram Swarup Industries Ltd. – [2022] 144 taxmann.com.