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Representations
Representations by GCCI to government authorities
Representation for removal of unintended anomaly in the Advance Authorisation Custom Duties exemption Notifications from 2002 till the current one viz. 96/2009-Cus dated 11-09-2009, as amended
Representation for removal of unintended anomaly in the Advance Authorisation Custom Duties exemption Notifications from 2002 till the current one viz. 96/2009-Cus dated 11-09-2009, as amended

Status : Favorable action from the Board and respective Ministries is expected. Date: 15/10/2013
Representation to provide single NOC for Factory Stuffing and or Self Sealing to Exporters by Central Excise for all Inland Container Depots falling within same jurisdictional Commissionerate.
At Sanand, Ahmedabad, a new Inland Container Depot (ICD) is established and in operation since 2009. The exporters wanting to clear their factory stuffed/self sealed export shipments through ICD Sanand Customs are facing difficulty in obtaining fresh No Objection Certificate (NOC) from concerned Excise range and division for their factory stuffed/ self-sealed cargo. The reason being their past NOC for the referred cargo is obtained and valid for particular (already existing) ICD/Port Customs. Gujarat Chamber represented to Chief Commissioner of Central Excise and Customs and Technical section of Ahmedabad Commissionerate to issue instructions that the respective Excise Divisions/Commissionerates issue single NOC once “ONETIME” for any exporter approaching Excise office which can be made valid for stuffing cargo at factory and can be custom cleared from any of ICDs/Customs Ports covered under same Custom Commissionerate rather than issuing separate NOCs for each ICD in the same Commissionerate. Chamber also represented to issue instructions that NOCs issued already for exporters are deemed to be made valid for factory stuffing permission for export any other ICD covered under the same Jurisdictional Commissionerate.

Status : Favorable action from the Commissionerate is expected. The matter will also be taken up by GCCI in next coming PGRC meeting. Date: 15/10/2013
Recommendation related to Road, Transport and Highway to Dr. Tushar Chaudhary, Hon’ble Minister of State, Ministry of Road, Transport and Highway, Government of India
Considering the irregularities due to lack of transparency and accountability in the operations of toll booths, GCCI proposed to formulate a regulatory mechanism and make it operational with statutory existence and powers of regulation and administration in line with SEBI, TRAI, IRDA etc. and named as “TOLL Regulatory Authority of India (TRAOI)”.GCCI recommended that the advance technology solutions (like RFID) should be inducted for toll collections, accounting, self auditing and monitoring.We proposed a medical fitness certificate should be made mandatory for the driver license holder at the time of issuance, as well as renewal of license. The vehicle safety standards, inspection and certification should also be made mandatory at regular intervals say every five years. The following proposals were also made for the growth of the sector: a. Increasing public funding for transportation in its Five Year Plans b. Replace various road transport related taxes/levies (road tax, goods tax, passenger tax) etc. by a single composite tax to reduce collection cost and compliance cost of vehicle owners/operators. c. Phase out Central Sales Tax to GST at the earliest. d. Provide tax credit for the inter-state movement of goods under State VAT.

Status : Recommendations were duly submitted to Dr. Tushar Chaudhary, Hon’ble Minister of State, Ministry of Road, Transport and Highway, Government of India Date: 27/09/2013
Representation for the Waiver of Expected Imposition of Export Duty and Grant of Incentives to Cotton growing farmers
The Ministry of Textiles, Government of India, has recommended imposition of 10% duty on cotton in quantities in excess of a declared ‘exportable surplus’.GCCI firmly believes that when cotton is freely importable at zero duty, there should be no reason for restriction on exports, and that too in what is likely to be a record production year. GCCI has submitted a memorandum depicting the current scenario of cotton industry and requestedthe Government of India on the below given points: • Granting relief in the inputs for the cultivation of cotton crop and • Reconsider the matter of imposition of the export duty and • Restructure the subsidy and banks loan interest relief to the farmers.

Status : Representation has been duly submitted to Shri Anand Sharma,Hon’ble Minister of Commerce & Industry,Department of Commerce, Ministry of Commerce & Industry,Government of India, New Delhi Date: 26/09/2013
Representation to extend the due date for furnishing the tax audit report and return under section 44AB
GCCI represented to Hon’ble Finance Minister, Shri P. Chidambaram; Hon’ble Minister of State(Revenue), Shri J. D. Seelam; Dr. Sudha Sharma, Chairperson of Central Board of Direct Taxes, Chief Commissioners of Income Tax (Ahmedabad) for extending the due date for furnishing the tax audit report and return as per Section 44AB (i.e. September 30, 2013) at least by one month due to heavy rains led to flood-like situation in many parts of Gujarat. Even the e-filing of return and report has been made mandatory for the first time.

Status : The board considered the representation and issued order extending the due date for furnishing Tax Audit Report by one month i.e. October 31, 2013 and also allowed to file manually within the due date. The due date for filing return has been extended by 14 days i.e. October 14, 2013. Date: 18/09/2013
Letter sent to Hon’ble Chief Minister Shri Narendra Modi, Hon’ble Speaker Shri Vajubhai Vala and Hon’ble Urban Development Minister Smt. Anandiben Patel regarding rates of allotment for setting up Development Oriented Sankuls
A letter was sent to Hon’ble Chief Minister, Hon’ble Speaker and Hon’ble Urban Development Minister requesting that the rates of allotment of land for setting up Development Oriented Sankuls should be as per the existing Jantri rates.

Date: 04/09/2013
Letter to GERC Chairman regarding undue additional infrastructure charges recovered by DISCOMs
A letter was sent to the GERC Chairman regarding undue infrastructure charges recovered by the DISCOMs in addition to the fixed charges. It was mentioned in the letter that costs for infrastructure are already included in the fixed charges recovered by DISCOMs, and hence additional infrastructure charges are duplicating and undue.

Date: 04/09/2013
GCCI’s Comments on the Draft National Land Reforms Policy
A memorandum was sent to Shri B.B. Srivastava, Secretary, Ministry of Rural Development, Government of India, in response to the Draft Land Reforms Policy. The memorandum contained suggested modifications in the draft policy to ensure inclusive development. The memorandum was also submitted to Hon’ble Minister ShriJairam Ramesh at a meeting held with him.

Date: 02/09/2013
Letter sent to Vice Chairman of Gujarat Maritime Board
A letter was sent to Shri A.K. Rakesh, Vice Chairman of Gujarat Maritime Board, requesting reduction in WFR rates in order to encourage the Trans-shipment industry. Gujarat has ample opportunity to develop the trans-shipment industry due to existence of large number of smaller and medium sized ports.

Date: 31/08/2013
Memorandum of suggestions for new Gujarat IT Policy
A memorandum was sent to ShriMaheshwarSahu, Addl. Chief Secretary detailing GCCI’s suggestions for the new “Gujarat IT Policy” being proposed to be announced by the Government. The memorandum analyzed the current needs of the IT industry in the state and suggested incentive schemes for further promoting the industry.

Date: 26/08/2013
Letter sent to Chief Commissioner of Service Tax regarding issuance of show-cause notices to assessees who have already filed returns
A letter was sent to the Chief Commissioner of Service Tax informing that frequent show-cause notices are being issued even to assesses who have filed returns and request was made to look into the matter on an urgent basis.

Date: 21/08/2013
Representation letter sent to Hon’ble Minister for Urban Development Smt. Anandiben Patel regarding changes and clarifications required in the Impact Fee rules.
A representation letter was sent to Hon’ble Minister for Urban Development Smt. Anandiben Patel regarding changes and clarifications required in the Impact Fee rules. The letter suggested modifications in the rules in areas such as permissible FSI, margin and parking related rules.

Date: 19/08/2013
Memorandum submitted jointly by GCCI and FIA in the MSME Advisory Board meeting
A memorandum highlighting the issues faced currently by the MSMEs in the state, and suggestions for resolving them was submitted by GCCI and FIA to the Dy. Industries Commissioner for discussion in the MSME Advisory Board Meeting.

Date: 18/08/2013
Representation regarding removal of duplicating food related provisions in BPMC Act (Gujarat) due to implementation of the Food Safety and Standards Act 2006
A request letter was sent to Hon’ble Minister for Health ShriNitinbhai Patel,Addl. Chief Secretary Shri Rajesh Kishore and Food Commissioner Shri H.G. Koshia requesting issuance of a notification repealing the duplicating food related provisions under the BPMC Act, since the Food Safety and Standards Act 2006 has already been implemented.

Date: 16/08/2013
Letter regarding recovery of CIP at Rs. 5 per square meter
In context of the letter received from FIA, a representation was sent to GIDC Chairman ShriMaheshwarSahu to resolve the matter at the earliest.

Date: 13/08/2013
Letter to Project Manager, NHAI for arranging drainage line on National Highway-8(A) near Chopadva Village
In reference to a letter received from Indo-Brine Industries, a request letter was sent to the Project Manager, NHAI, Palanpur to arrange for drainage line on National Highway-8(A) near Chopadva village.

Date: 13/08/2013
Letter to Hon’ble Minister for Labour and Employment ShriSaurabhbhai Patel informing him about the false representations made in guise of applying Labour Laws
A letter was sent to Hon’ble Minister for Labour and Employment, informing him of cases brought to GCCI’s notice by some of its members. It was mentioned in the letter that false representations are being made citing implementation of labor laws. A request was therefore made to look into the matter to discourage such false allegations so as to avoid inconvenience to the genuine firms.

Date: 12/08/2013
Letter to Addl. Chief Secretary, Industries and Mines Dept. suggesting modifications in the Interest Subsidy Scheme
A letter was sent to ShriMaheshwarSahu, Addl. Chief Secretary, Industries and Mines Dept., GoG suggesting changes in the Interest Subsidy Scheme available to MSMEs under the Industrial Policy 2013. In the letter, it was suggested to condone delay in application due to genuine reasons and allow then to avail benefits of the scheme after charging penalty for delay.

Date: 06/08/2013
Letter to CEO of Ahmedabad Urban Development Authority regarding second revised development plan
A letter was sent to AUDA CEO Smt. D. Thara with a purpose to second the objection raised by Santej Industrial Area Association in relation to the second revised development plan for the city.

Date: 06/08/2013
GCCI’s suggestions for development of the city’s industry submitted in the SWIFT meeting
GCCI submitted suggestions for development of Ahmedabad city’s industry in the Single-Window Industry Follow-up Task Force meeting. GCCI also highlighted some issues faced by the MSMEs in processes such as online registration, land acquisition etc.

Date: 05/08/2013
Letter regarding changes in the new Gujarat Textile Policy sent to Addl. Chief Secretary
A letter was sent to Addl. Chief Secretary, Industries and Mines, GoG, in response to the modifications made in the revised GR of the Textile Policy. A request was made in the letter to also provide benefits of the new policy to units which started production before date of implementation of the policy. Also, suggestions were made to issue notifications required in areas such as VAT concessions andstamp duty exemption certificate etc.

Date: 31/07/2013
Letter to MSME Secretary, GoI for modifying the definition of MSMEs to bring it in line with the current standards
A letter was sent to ShriMadhavLal, MSME Secretary, Govt. of India recommending a change in the definition of MSMEs in line with the current standards of investment. It was mentioned in the letter that the upper limits for investment in Plant and machinery/Equipment need to be revised upwards as the market prices of all machineries and equipment have gone up significantly.

Date: 25/07/2013
Representation on newly inserted sub section 7A in section 11 of VAT with effect from April 1, 2013
Section 11(7A) refers that if the vendor after recovering the amount of VAT, does not pay the amount to government, the buyer will not get input tax credit for that unpaid amount. Thus, the genuine buyer will have to suffer that portion of input tax credit, which is already recovered from him but not deposited by the seller to government. Chamber has represented the issue to the Finance department of State Government and also requested to clarify and assure that this provision will not affect genuine purchase-sell transactions.

Status : Finance department of State Government considered the negative impact of the referred section to various genuine purchasers of Gujarat and provided assurance that appropriate administrative steps will be taken in the matter at the earliest. Date: 08/04/2013
Rail Budget Representation 2013-14
Gujarat is one of the fastest growing states in India and therefore to support the growth of the state some of the issues/demands related to freight rates, new trains, extension of routes, rerouting of train, increase in frequency of train, timing of train, stoppage of train, additional coaches, gauge conversion, infrastructure upgrading at railway station, need of level crossing, bridges, tracks, public safety and passenger amenities were put forth in the representation made to the Railway Ministry for the budget 2013-14.

Status : Some of the demands for trains have been approved by the ministry. Date: 26/02/2013
Petitions No. 1267 and 1268 of 2012 filed under Section 62 and 64 of the Electricity Act, 2003 read with GERC (Multi Year Tariff) Regulations, 2011 for True Up of FY 2011-12 and determination of tariff for FY 2013-14 for its Distribution business of Ahmedabad Supply Area
Petitions No. 1267 and 1268 of 2012 was filed under Section 62 and 64 of the Electricity Act, 2003 read with GERC (Multi Year Tariff) Regulations, 2011 for True Up of FY 2011-12 and determination of tariff for FY 2013-14 for its Distribution business of Ahmedabad Supply Area. GCCI requested to give an opportunity of making oral submission on the announced date of hearing. Written submission was made in the matter on 11/03/2013.

Status : In response a hearing of the petition was kept on March 13, 2013 Date: 25/02/2013
Representation to withdraw circular no. 967/01/ 2013 – CX dated 1st January, 2013
The circular no. 967/01/ 2013 – CX dated 1st January, 2013 describes various situations in which recovery can be initiated after stipulated time if no appeal is filed or when the appeal is filed with or without stay with Commissioner (Appeals), CESTAT, High Court or Supreme Court. Even during the pendency of stay application, recovery will be initiated of confirmed demands. We feel that certain actualities like CESTAT’s non availability of Bench to hear the stay application, vacant posts of Commissioner (Appeals), existing work load in their offices, etc were not considered while framing the Circular due to which in most matters stay applications are not heard within a period of 30 days of the filing of appeal. Small and medium players are facing severe difficulties in approaching the High Courts for getting an interim relief against the operation of the Circular. Recovery proceedings pending stay application will result in to undue harassment of members of trade and industry who are already facing the brunt of recessionary condition. It would be unfair if recovery is made pending stay application without any fault on the part of appellants. The circular is leading undue hassle for the industry at large due to unintended consequences and further litigations. Therefore, we requested earliest action of the Board to withdraw circular no. 967/01/ 2013 – CX dated 1st January, 2013.

Status : A clarification from board is awaited. Date: 04/02/2013
Representation to notify ST3 format for the period w.e.f. 1st July, 2012 and due date for 2nd quarter at the earliest
Service Tax Returns for F.Y. 2012-13, was bifurcated in two parts i.e. before negative list regime up to 30.06.2012 and after negative service list i.e. w.e.f. 01.07.2012. Service tax department issued a Notification 47/2012-ST dated 28.09.2012 about ST return for First quarter. In the said notification, it was informed that this time assessee are required to file service tax return for the period April 1, 2012 to June 30, 2012 i.e. quarterly basis instead of half yearly basis. Also, the last date of filing the ST3 return for the first quarter April-June, 2012 was extended by CBEC up to 25th November, 2012 vide Order No 3/2012 dated 15th October, 2012. However, for return 01.07.2012 to 30.09.2012 and thereafter, i.e. after implementation of the Negative List w.e.f. 1st July, 2012, the department came with a clarification on 28.09.2012 that the revised format and last date for filing the ST3 return will be notified separately. We requested the Board to notify the new format of ST3 return for period after 01.07.2012 and due date for 2nd quarter at the earliest.

Status : Status : The due date for Second quarter duly notified as March 25, 2013 and later extended till April 15, 2013. Revised format for second quarter was made available online in first week of March,2013. Date: 04/02/2013
Representation of State Budget suggestions for the year 2013-14
A pre-budget memorandum for the state budget was presented by GCCI to the State Finance Minister. The memorandum had various suggestions, out of which the important ones included proposed reduction in VAT rates for various items, reduction in the electricity duty and recommendations for returns related issues, for implementation of Goods and Service Tax, Entry tax, Professional Tax, suggestions related to RTO, suggestions for budget allocations, etc.

Status : The State Budget Memorandum was duly submitted to Hon’ble State Finance Minister Shri Nitinbhai Patel. Date: 30/01/2013
Representation regarding Power Cut Issues and Substation Requirement in Thangadh to Hon’ble Minister of State for Energy & Petrochemicals
Thangadh occupies dominant position in the field of Ceramic Industries. There are about 150 industrial units in Thangadh engaged in the manufacturing of sanitary wares, ceramic wall tiles, stoneware, electrical porcelain etc. PGVCL caters to the needs of about 20000 consumers and 24 villages. There is acute problem of power cut in Thangadh and nearby villages resulting in hardship for all, particularly industries, big and small, as production had dipped to an all-time low. In order to address the issue of power requirement, we put forth the need to install separate substation one for Thangadh and another for rural areas.

Status : The matter is represented to Hon’ble minister in a personal meeting and is being taken into consideration. Date: 22/01/2013
Representation of Union Budget suggestions for the year 2013-14
A pre-budget memorandum for the union budget was presented by GCCI to Hon’ble Finance Minister. The memorandum had various suggestions related to direct and indirect taxes, out of which the important ones included suggestions related to corporate tax rate, MAT, personal taxation, procedural issues, excise duty exemption limit to small scale service providers, simplification of custom duty structure, basic exemption limit to service provider, etc.

Status : The Union Budget Memorandum was duly submitted to Hon’ble Finance Minister Shri P. Chidambaram. Date: 05/01/2013
Representation to restore earlier exemption of services provided by the cold storages
In so far as agricultural infrastructure is concerned, Cold storage is one of the most significant essentials and so clarity in taxation thereof must be done with greatest care. Until July 01, 2012, Cold Storage Industry was explicitly exempt from Service Tax as the liability will be indirectly on the cultivators or farmers. However, with the introduction of negative list based service tax legislations, certain horticulture produce have been included under Service Tax. Cold Storages do not know which horticulture produce has been included under Service Tax or not because they do not know and cannot know whether the particular produce has come for storage after processing, such as Kishmish, Turmeric, Red Chilly, Cashew Nuts, Almonds, Cloves, Dates, Tamarind, Chilgoza etc. We have come to know that even cold storage curd and butter have been included under Service Tax. We have attached herewith a clarification issued by the Office of the Commissioner, Central Excise and Service Tax, Lucknow, which exempts storage of Gur, Rab, Imli pulp and Cashew nut for your reference. As of now our country has been deficient in quality storage infrastructure owing to which a large portion of agricultural produce gets washed out. Therefore, transparency in taxation is desirable for the service taxability of cold storages. There are more than 6000 cold storage units in India, out of which 90% units store potato. Other units store spices, Kirana, Ayurvedic produce, Eggs, Fruits, Dry fruits, onion flakes etc. More than 50% of other units would be exempted from threshold limit of Rs 10Lacs, only the rest of units (for about 300) are suffering from burden of service tax. We therefore urge you to exempt cold storage service from service Tax. We requested Chairman, Central Board of Excise and Customs, to restore the earlier exemption vide section 65(102) of non taxability of service provided by cold storages.

Status : Due action from Board is awaited in the subject matter. Date: 10/12/2012
Representation for LTP units due to removal of separate lighting meter as per the revised tariff structure.
A good number of units are working under LTP 3 tariff with 100 KW as their contracted load. Earlier, they had separate meter for single phase factory lightning. In the revised tariff structure, the separate meter has been removed and both the demands are merged together. Those units who have got 100 KW as their motive power sanctioned and also 2 to 5 KW for lighting purposes have to now switch over to HT or to bring down their combined load to 100 KW. This has created innumerable hardship to these units as they are small scale with limited space and cannot afford HT power. Also any reduction in demand their production target. GCCI represented to the concern authority that the new law should not be applicable to this type of units. It is a big dent in their budget.

Status : A reply from the concerned authority is awaited Date: 25/10/2012
Representation regarding Demand based Tariff and Additional Security Deposit on Electricity
GERC has granted the DISCOMs of GUVNL and Torrent Power Ltd (TPL) the permission to recover demand-based tariff and higher security deposit. GCCI has made a representation to Shri Saurabhbhai Patel, Hon’ble Minister of State for Energy & Petrochemicals, Govt. of Gujarat to become a party to it and represent to GERC in favor of consumers and insist the concerned regulatory authority to WITHDRAW the changed mechanism. This is absolutely uncalled for and will act as a huge burden to the honest paying consumers.

Status : A reply from the Hon’ble Minister’s office is obtained and the request is taken into consideration. Date: 26/09/2012
Representation for providing a 66 KV substation for rural development and to meet the power supply demand in the areas surrounding Ahmedabad.
GCCI represented to GETCO that to meet the demand for power supply in the rural areas, there is a need to install 66 KV Substation surrounding Ahmedabad to meet the requirements in the areas- Chakhala, GIDC Sanand, Madhavpura, Sanand-Viramgam, New C.G Road/Chandkheda

Status : A reply is received that GETCO is in the process of acquiring land for these substations. As soon as land is acquired, substation and lines shall be done. Date: 10/09/2012
Representation regarding the new trains/rerouting of trains in Kutch district
GCCI requested the concerned authority from Western Railway to take into consideration the following demand for new trains/rerouting of trains in Kutch district. 1. Bhuj-Bariely Express Train which runs via. Ahmedabad and Radhanpur alternatively should be made to run via Radhanpur 2. Train running between Bhuj-Dwarka via Morbi- Rajkot and Jamnagar 3. MEMU Train on a routine basis Gandhidham-Bhuj-Nalia Sector in Kutch district

Status : A reply from the concerned authority is awaited. Date: 05/09/2012
Representation to Central Board of Excise & Customs for issue of rent-a-cab services post negative list period
There is no clarity under the new Negative List based service tax regime in respect of non-taxability of service provided by a rent-a-cab operator to another rent-a-cab operator where another rent-a-cab operator pays the due service tax; on abated value; on the service provided to the ultimate service recipient. Since no cenvat credit is allowed when abatement is availed, if the sub contractor’s services are not exempted, this will result in double taxation. Chamber put forth the above issue and represented to the CBEC for due clarification of above provisions.

Status : Due clarification from CBEC is awaited. Date: 30/08/2012
Representation regarding the double-decker A.C. train on Mumbai-Ahmedabad route
The double-decker A.C. train on Mumbai-Ahmedabad route was announced in the 2011-12 railway budget; but it could not be started last year because of delay in getting safety clearance and manufacturing of coaches. Thereafter it was expected to be flagged off by the end of July. However this was not kicked off despite the perquisites such as fixing fares, schedules and conducting trials being done. Then it was expected to commence on August 15, 2012; but the same was pending. Considering the heavy traffic flow between Ahmedabad Mumbai, GCCI requested the concerned authority from Western Railway to start Ahmedabad- Mumbai A.C. double Decker Train at the earliest for the benefit of people.

Status : The first superfast air-conditioned double decker(12931/12932) Ahmedabad-Mumbai express train was flagged off on September 19, 2012. Date: 30/08/2012
Issues related to Western Railway
Gujarat is one of the fastest growing states in India and therefore to support the growth of the state some of the issues/demands related to freight rates, new trains, extension of routes, rerouting of train, increase in frequency of train, timing of train, stoppage of train, additional coaches, gauge conversion, infrastructure upgrading at railway station, need of level crossing, bridges, tracks, public safety and passenger amenities were put forth in the representation made to the General Manager of Western Railway.

Status : The matter has been represented by GCCI in the Zonal Railway Users’ Consultation Committee Date: 13/06/2012
Sou Motu Petition about Hon’ble Commission’s Jurisdiction for Determination of Tariff of the Consumers of 1 MW and above
A Sou Motu Petition was submitted to Gujarat Energy Regulatory Commission about Hon’ble Commission’s Jurisdiction for Determination of Tariff of the Consumers of 1 MW and above, in light of consideration of such Consumers as Deemed Open Access Consumers.

Status : The petition has been submitted and the date of hearing for the same is awaited. Date: 11/06/2012
Representation in connection with Cenvat Credit issue to Central Board of Excise and Customs
Goods manufactured by a job worker are exempt from payment of whole of the duty of excise under notification No. 214/86-CE subject to one of the conditions that the Principal Manufacturer (supplier of raw materials or semi-finished goods) uses the job worked goods in or in relation to the manufacture of the final products in his factory or removes from his factory without payment of duty in specified cases. Under these circumstances, it is obvious that the appropriate duty of excise on such job worked goods gets discharged at the end of the principal manufacturer. Accordingly, the job worker should not be liable to pay any amount under Rule 6(3) of CENVAT Credit Rules, 2004. However, because such job worked can be treated as exempted goods going by the definition of ‘exempted goods’ as given in rule 2(d) of CENVAT Credit Rules, 2004 (CCR), there are instances of department demanding payment of duty or amount under rule 6(3) of CCR which is unwarranted. There are series of Tribunal and High Court decisions [CCE v. Bharat Fritz Werner [2007 (218) ELT 177 (Kar.) and CCE v. Sterlite Industries Ltd. [2009 (244) ELT A89 (BBY HC)] holding that such goods are not to be treated as ‘exempted goods’ in the hands of a job worker as the duty liability, if any, ultimately gets discharged by the principal manufacturer including the value of job worked goods. In view of this, to avoid undue demand on job workers and to reduce avoidable litigation, we requested to either issue suitable clarification or amend the rule 6(6) of CCR to include all such exemption notifications like Notification No. 214/86-CE, Noti. No. 8/2005-ST. We requested earliest action in the above regard and also suggested to avoid any such precipitate actions by the department in the relevant exemption notification [e. g. Noti. 214/86] may include a specific mandate that when the benefit of exemption is availed by the job worker, provisions of rule 6(3) shall not apply and no amount will be payable by job worker merely because the benefit of this exemption notification is availed. It is also requested that the Board may kindly issue a clarification that in light of the amendment to rule 6(6) with reference to exemption notification No. 214/86-CE and 8/2005-ST, past cases in which demand for payment of amount or duty under Rule 6(3) is pending, the cases may be disposed in light of the new provisions even for the past period.

Status : Due reply from Board is awaited. Date: 14/05/2012
Representation regarding withdrawal of Cash Handling Charges levied by Banks
Banks levy certain charges on customers for handling the cash if they deposit the same to their account. GCCI strongly believes that such stringent charges should not be implied upon since the bank has its prime duty to handle the cash/cheque of their account holders, irrespective of the volume. Hence, a representation was made by GCCI to Dr. D. Subbarao, Governor – RBI, and Shri Sudarshan Sen, Regional Director – RBI Ahmedabad, to withdraw any such charges in the interest of account holders.

Status : The issue has been represented to RBI in the State Level Inter Institutitonal Committee meeting held Date: 01/05/2012
Representation regarding issue for Importation of Tea
GCCI made a representation regarding issue for Importation of Tea, to Hon’ble Finance Minister Shri Pranab Mukherjee, Govt. of India.The present demand is rising more or less 5% against the 3% production of tea, this creates a short supply. As a result tea producers are taking advantage of this situation, and cascading effects of the above is anticipated to pass on to the end consumers. Therefore, GCCI has proposed to alter the Tea Import Duty structure

Status : A reply from the Hon’ble Finance Minister is awaited. Date: 30/04/2012
Representation to RTO for allowing entry of Heavy Vehicles
A representation was made to the Regional Transport Office to allow entry of heavy vehicles from 1 p.m. to 4 p.m. on the Sanathal Crossroads to Sanand Crossroads, Sanand Crossroads to Ujala Crossroads and Ujala Crossroads to Snanthal Bridge route., since many of the retail traders have their godowns along this route and the prohibition of entry of heavy vehicles is adversely affecting their business.

Status : The matter is under consideration of the RTO Office. Date: 06/04/2012
Representation regarding FSSA 2006
GCCI made a representation regarding practical issues of Food Safety and Standard Act 2006 to Shri Jay Narayan Vyas, Health Minister, GoG. The food related small businesses in Gujarat state are facing numerous practical issues regarding the act. Therefore, GCCI suggested some immediate amendments within this act in the interest of the State’s food related trade and industry.

Status : An interactive session was held on 16th June at GCCI which was presided over by the Food Commissione Date: 03/04/2012
Pre-Budget Memorandum for State Budget
A pre-budget memorandum for the state budget was presented by GCCI to the State Finance Minister. The memorandum had various suggestions, out of which the important ones included proposed reduction in VAT rates for 8 items, reduction in the electricity duty and recommendations for returns related issues.

Status : The VAT Rates have been reduced for certain items in the State Budget 2012-13. Electricity duty was Date: 02/02/2012
Report on sustainability of MSME units in Gujarat
A representation study was conducted on the sustainability of MSME units in the state, considering the current scenario. After detailed analysis of all the cost components, it was concluded in the study that it will be difficult for the MSMEs to sustain and compete in the long run if the scenario continues. The study paper was submitted to the Honble Minister of State for Industries Shri Saurabhbhai Patel for consideration.

Status : The report has been sent by Hon’ble Minister to the Industries Department. The Industries department Date: 02/02/2012
Representation for the issue of 2 % disallowance of Input Tax Credit (ITC) in Gujarat and other VAT related issues
A detailed study on the 2% ITC disallowance issue and other VAT related issues was conducted with the help of KPMG, and submitted to the Honble Minister of State for Industries Shri Saurabhbhai Patel. The study concluded that the 2% ITC disallowance is causing substantial loss to the states industry and trade, and recommended that this disallowance should be done away with. It also highlighted other VAT related issues and best practices of other states which could be implemented in Gujarat.

Status : The matter is being studied and future course of action is being decided by GCCI. If needed, the mat Date: 02/02/2012
Letter suggesting amendments in the rules related to checking of weights and measures and weighing scales and balance
A representation was made to Shri Rajkumar, Secretary, Food and Civil Supplies Department, Govt. of Gujarat for amendments required in the rules related to checking of weights and measures and weighing scales and balance. In the representation, GCCI had recommended that the extra charge of 50% taken after the due date for checking of electronic balances is unjustifiably high, and a grace period of 3 months should be provided, as was done in the rules applicable earlier.

Status : The rules have been amended by Gujarat Government as per GCCI’s recommendations. Date: 30/08/2011
Representation regarding disparity in Gas Prices
A representation was made to the Shri Saurabhbhai Patel, Honble Minister of State for Industries, regarding disparity in Gas Prices. In the representation, it was mentioned that there is huge disparity between the prices charged by the gas supply companies and the gas with low calorific value is being sold at a high price. This is adversely affecting the progress of many industries, especially the ceramic industries in which gas is mostly used as fuel. It was suggested that a regulatory authority similar to GEDA should be established to regulate and standardize the gas prices.

Status : The matter is under consideration of the Hon’ble Industries Minister. Date: 16/08/2011
Suggestion letter for making Surat Airport fully operational as an International Airport
A suggestion letter was sent to the Honble Minister of State for Civil Aviation Shri Saurabhbhai Patel, as well as Shri Vayalar Ravi, Minister for Overseas Indian Affairs & Civil Aviation, Govt. of India on 19th August 2011 recommending making Surat Airport fully operational as an International Airport. It was mentioned in the letter that looking at the development of Surat and its emergence as the international hub for Gems and Jewellery, Textiles and other industries, it is vital to make Surat fully functional as an international airport in order to facilitate the growing trade.

Status : Surat Airport has been declared a fully-functional international airport in June 2012 Date: 01/08/2011