Dozen Excise Officers shunted amidst allegations of nexus with evaders

Justice Jasti Chelameswar, Chief Justice of Gauhati High Court transferred to Kerala High Court SV Gangapurwala appointed as Judge of Bombay High Court Akhilesh Chandra, Gopal Prasad andi Mungeshwar Sahoo appointed as Judges of Patna High Court BV Pinto, Bijoor Manohar, K.Govindarajulu and HS Kempanna appointed as Judges of the Karnataka High Court Half a dozen Officers of Goa Customs & CHA apply for anticipatory bail fearing arrest by CBI in duty evasion case of Adani Service Tax Notification No. 17/2010 which exempts the taxable service providing packaged or canned software, intended for single use and packed accordingly amended-Service Tax Notification No.18 Procurement, Import and Export of Prohibited and Restricted Goods by SEZ Units-SEZ Instruction No. 47 Tractors are chargeable to tractor cess in terms of the Tractor Cess Rules, 1992 read with the IDRA Act, 1951-Central Excise Circular No. 916 Authority for Advance Ruling rules the amounts received/receivable by Technopromexport from NTPC under contract for Offshore supply of all plant and equipment including mandatory spares are not liable to tax in India under the provisions of the Income-tax Act, 1961 and DTAA between India and Russia-AIT-2010-79-AAR whether Cess levied under section 5 of Textile Committees Act, 1963 is includable as a component of CVD-AIT-2010-78-HC Export warehousing –Extension of facility at Gautam Budh Nagar in UP and Nagpur in Maharashtra-Central Excise Circular No. 917 Implementation of the provisions of COTP Act, 2003 and The Cigarettes and Other Tobacco Products (Packaging and Labelling) Rules, 2008- Empowering the Customs & Central Excise Officers-Central Excise Circular No. 918 Toilet linen and kitchen linen, of terry toweling or similar terry fabric, of cotton and of other textile materials added in Focus Product Scheme for exports made after 1st Jan 2010-DGFT PN 46 TDS on payment of interest on time deposits under Section 194A of the Income Tax Act by banks following Core-Branch Banking Solutions software-Income Tax Circular No.3 Tariff value for import of Brass scrap is 3732 and for poppy seeds 4640-Customs Non-Tariff Notification No.19 Duty Credit Scrips can also be used / debited towards payment of Customs Duties in case of EO defaults under Authorizations issued under Chapters 4 and 5 of the Policy-DGFT Notification No.32 SC Ruling-the nature of roll over premium charge incurred by the assessee as also the scope and applicability of Section 43A of the Income Tax Act, 1961, in the context of such charges-we find no merit in the contention of the assessee that roll over charges have nothing to do with the fluctuation in the rate of exchange-AIT-2010-75-SC Pre-authentication of excise invoices dispensed with Excise duty on Goggles and OTS cans hiked to 10 per cent av gas and mosquito net impregnated with insecticides subjected to 4 per cent excise Outright exemption from additional duty of customs (of 4%) leviable under sub-section (5) of section 3 of the Customs Tariff Act, 1975 to goods imported in a pre-packaged form and intended for retail sale Benefit of allowing Cenvat credit to be reversed on proportionate basis (when common inputs are used for the manufacture of dutiable and exempt products) extended retrospectively Bad News for flat bookers-unless the entire consideration for the property is paid after the completion of construction (i.e. after issuance of completion certificate by the competent authority), the activity of construction would be deemed to be a taxable service provided by the builder/promoter/developer to the prospective buyer and the service tax would be charged accordingly Bad News for ladies-sanitary napkins & kids diapers subjected to 10 per cent excise excise duty @ 4% imposed on specified IT products like microprocessor other than motherboards, floppy disc drives, CD-Rom drive etc when these items are meant for external use with a computer or laptop as a plug-in device Packaged software or canned software exempted from excise excise duty on Cartons, boxes and cases, of corrugated paper or paperboard manufactured by Standalone manufacturers lowered from 8% to 4% all ceramic tiles, whether manufactured by using electricity for firing the kiln or not, will attract a single excise duty rate of 10% process of drawing or redrawing of aluminium tubes and pipes as amounting to " manufacture" Excise duty on replaceable kits of all domestic water filters except those operating on RO technology reduced from 8% to 4% Excise duty exemption on parts, components and accessories of mobile handsets including cellular phones extended to parts of two accessories namely, battery chargers and hands-free headphones of these devices.

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Dozen Excise Officers shunted amidst allegations of nexus with evaders

AIT News Network

AHMEDABAD. Gujarat which is considered as most lucrative posting for Central Excise Officers has become a battleground of Anti-Corruption investigations close on the heels of Raids organized by DGCEI(Directorate General of Central Excise Intelligence) on Ceramic Units of Morbi.

· During the raids which were planned with a poor strength of Officials that too without help of Police; the Additional Director of DGCEI, Shri Shrawan Kumar and several Officers of his team were beaten up by the Mob and the seized documents were burnt and laptops were destroyed. The Officials had to run for their life and four of them were hospitalised. Lateron the Jurisdictional Officers were called for assistance who reluctantly helped in the matter.

· A Police case has been lodged against mob of 100 odd unknown workers for attacking the Officials. Though some workers have also labeled conter allegations of using third degree methods against the Officials.

· As a fallout of the raids; the blame game has begun within the Department with the Central Excise Commissionerate and DGCEI blaming each other. While DGCEI has alleged non-cooperation by Excise Officials; the Commissionerate Officials have allegedly blamed encroaching into their territory without intimating them and in turn getting injured by the attack of the mob due to ill planned raids.

· Several Senior Central Excise Officials including Commissioner of Central Excise Rajkot, Deputy Commissioners and other Officers have been reportedly transferred on charges of alleged corruption and nexus with the excise evading ceramic tile manufacturing units situated in Morbi, Rajkot. An investigation in the matter has already been initiated by CBEC and if the things do not get sorted out the matter may even go to CBI.

· Mr Vasudeva Commissioner of Service Tax Ahmedabad, who is known for his integrity and unblemished record, has been given additional charge of Commissioner of Central Excise, Rajkot with immediate effect.This is a second instance in last one month where DGCEI has managed to get the jurisdictional Commissioner transferred.

· A Joint Commissioner of Central Excise(Anti-Evasion) posted in Gujarat was recently arrested by CBI while taking huge amount as bribe through his tout for helping an Industrialist in a case booked against him. His tout based in Ahmedabad was also arrested by CBI.

· Deputy Commissioner of Central Excise Rajkot S.P. Gawade has been shunted to NACEN Kolkata while DC, GB Rao has been shunted to DGICCE, Hyderabad. It is also learnt that axe will fall on many more Officers who are also going to be shunted in a day or two.

· Morbi Ceramic Industry is one of the biggest Industrial Zone for manufacturing Ceramic Tile. It is high time FM should consider lowering of excise duty in Budget on evasion prone commodities to attract voluntary compliance. There can be slab system of excise payment where more the turnover; lesser the excise.

· Will not every manufacturer claim that his turnover is higher?

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