CBIC issues Instruction on Incidence of NCCD for Calculation of Brand Rate of Duty Drawback [Read Circular]

The Central Board of Indirect Taxes and Customs (CBIC), on Tuesday, issued an instruction on the incidence of National Calamity Contingent Duty (NCCD) for calculation of Brand Rate of duty drawback. The incidents are elaborated...

‘Nimbooz’ is not Lemonade: CESTAT allows Excise Duty Exemption to Pepsico [Read Order]

The Customs Excise and Service Tax Appellate Tribunal ( CESTAT ), Chennai observed that the brand Nimbooz is not lemonade and allowed excise duty exemption. The appellant is engaged in the manufacture of aerated water...

No Marginal Relief in case of Health and Education Cess: CBDT [Read Circular]

The Central Board of Direct Taxes (CBDT) has clarified that no marginal relief shall be available in Health Cess (HC) and Education Cess (EC). EC is an additional levy on the basic tax liability. The...

Exemption of Particular Duty does not Automatically Exempt Other Duty or Cess imposed by Different Legislation for a Different Purpose: SC [Read Judgment]

The Supreme Court of India ruled that when a particular kind of duty is exempted, other types of duty or cess imposed by different legislation for a different purpose cannot be said to have been...

Madras High Court allows Transitional Credit of Education Cess, SHE Cess and Krishi Kalyan Cess into GST [Read Judgment]

The Madras High Court has allowed the Transitional Credit of Education Cess, Secondary and Higher Education Cess and Krishi Kalyan Cess into the Goods and Services Tax ( GST ). The petitioner is registered as...

Surcharge and Education Cess are not Tax, hence, cannot be included for Computing Tax Effect: ITAT [Read Order]

The Income Tax Appellate Tribunal recently proclaimed that Surcharge and Education Cess are not tax and therefore, it should not include for computing tax. The tribunal noted that the tax effect of Rs. 90,000/- and...

Surcharge and Education Cess can be Calculated after Deducting the MAT Credit from Assessed Income: ITAT Hyderabad [Read Order]

The Income Tax Appellate Tribunal (ITAT) Hyderabad bench, on Friday held that Surcharge and Education Cess should be calculated only after deducting the MAT credit under Section 115JAA of the Income Tax Act, 1961. The...

Education Cess paid alongwith Excise Duty is Refundable in cases where no Duty is Payable, says Supreme Court [Read Judgment]

A two-judge bench of the Supreme Court, on Friday held that the manufactures who paid excise duty in terms with the exemption notification No. 20/2007-Ex can claim refund of education cess and higher education cess...

No Refund of Education Cess & Secondary Education Cess to Cairn India, rules Rajasthan HC [Read Judgment]

While giving a major Setback to petroleum Company Cairn India, the division of bench Rajasthan High Court has rejected the Company’s refund claim towards the Education Cess and Secondary and Higher Education Cess worth Rs....

“Levy of Education & HSE Cess on Crude Oil is Illegal since It is not a Duty of Excise”: Gujarat HC [Read Judgment]

In a recent judgment Gujarat High Court has held that Crude Oil Cess imposed under the Oil Industry (Development) Act, 1974 is not excise duty and hence, Education Cess and Higher Secondary Education Cess cannot...