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18 FAQs: Excise Duty Structure on Ready-Made Garments
Finance Bill, 2016 has imposed excise duty of 2% (without CENVAT credit) or 12.5% (with CENVAT credit) on branded readymade garments and made up articles of textiles of retail sale price of Rs.1000 or more. 

We bring you a set of 18 Frequently Asked Questions (FAQs).

Author : Ashok Bhasin, Partner, Bhasin Sethi & Associates
Date : March 4, 2016
Goods assessed on RSP basis u/s 4A a ‘manufacturing’?
Section 4A of the Act also pertains to valuation of excisable goods, but it is applicable to certain notified items, where the value for the purpose of charging excise duty is based on Retail Sale Price (RSP). Certain abatement as percentage of RSP is also notified by the Central Government. There is one important aspect of Section 4A of the Act i.e., the Central Government can notify only those goods on which it is required under the Legal Metrological Act, 2009 to declare on the package RSP of such goods. This section thereof makes it mandatory that the goods assessed under section 4A of the Act, must be covered under the Legal Metrological Act.
Author : Ashok Bhasin, Partner, Bhasin Sethi & Associates
Date : January 20, 2016
Judicial Tussle over Service Tax on Restaurants
The issue of tax on restaurants / hotels or like institutions is multifaceted and controversial one. The insertion of this Sec.65 (105) (zzzzv) levied the service tax on the supply of the food by restaurant/ hotels or like institutions, as a result the food items sold by restaurants were charged for dual taxes one by Central taxing authorities and other by the State taxing authorities. However, the issue as to whether the sale of food and/or liquor made by Restaurants/ Hotels or like institutions would be levied for sales tax (VAT) by concerned State or leviable to Service tax by central government arisen which till date not resolved and various High Courts are holding different and contrasting view on the issue.  It remains to be seen, if the legislature steps in to remedy this issue.
Author : Mr. Kumar Harshvardhan (Associate, Bhasin Sethi & Associates) and Mr. Sourabh Yadav
Date : February 18, 2015
Place of Removal? – Unsettling the settled scenario

Rule 2 (l) of the CENVAT Credit Rules, 2004 (CCR) prescribes the definition of ‘input service’. Since the inception of this definition, the term “Place of removal” has been used and same has assumed great significance because the CENVAT Credit of input services is available up to the place of removal. The term “Place of removal” was not defined in CCR and the definition was being borrowed from Section 4 of Central Excise Act for the purpose of looking into eligibility of availing CENVAT credit of service tax paid on inputs services.

Author : Ashok Bhasin, Partner, Bhasin Sethi & Associates
Date : December 16, 2014
Stay Applications before CESTAT - End of an era…

The Finance (No. 2) Act, 2014 was enacted on August 6, 2014. As usual, certain amendments in indirect taxes have been made. One of the amendments, which became ‘talk of the town’ is the new provision pertaining to deposit pending appeal in the Central Excise Act, 1944 and the Customs Act, 1962. The new section 35F of Central Excise Act (parallel provision has been made under Section 129E of Customs Act) has been substituted in place of earlier section.

Author : Ashok Bhasin, Partner, Bhasin Sethi & Associates
Date : August 25, 2014
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