Thursday 16 May 2013

Customs Notification No 54/2013 (NT) dated 16-05-2013

Indian Customs : Rate of Exchange-Customs (N.T.), dated the 16 May , 2013



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ST paid on service of commission agent facilitating sales and marketing of goods is input service

ST : Service tax paid on services of a Commission Agent who facilitated sales and marketing of manufactured goods, is admissible as input service credit


Announcement of substantial acquisition to be made if it exceeds threshold limit even if acquired in

SEBI : Where appellants acted in concert with each other to acquire huge number of shares in excess of stipulated 15 per cent, appellants were obliged to make a public announcement and were liable to penalty on failure to do so


Capital gain invested within extended period for filing of return is also eligible for Sec. 54F dedu

IT : Where assessee paid substantial amount of sale consideration of a residential house for purchase of another residential property within extended period of limitation of filing of return under section 139, his claim for deduction under section 54F was to be allowed


Distributors aren’t liable to pay ST on commission earned when ST on total SIM value is paid by serv

ST : Commission earned by distributors of SIM cards is not liable to service tax when service tax on full value has been paid by telecom service provider


No tax to be deducted from gain accrued to FII on cancellation of forward contract if it isn’t taxab

IT/ILT : Where gain on account of rollover/cancellation of forward cover contract was not taxable in hands of Foreign Institutional Investor as per relevant DTAA, there was no obligation on part of assessee to deduct tax at source


Mea Officials Meet Export Promotion Councils, Business Chambers

New Delhi, May 16 (ANI): Secretary (Economic Relations) Pinak Ranjan Chakravarty held a meeting with various Export Promotion Councils (EPCs) and Apex Business Chambers namely, FICCI, CII, ASSOCHAM and PHD Chamber of Commerce here on Wednesday.



The meeting, convened by the Ministry of External Affairs, was attended by representatives of 26 Export Promotion Councils and the four business chambers.



It follows an earlier meeting chaired by Foreign Secretary Ranjan Mathai in February 2013, wherein it had been decided that regular meetings would be held with the business chambers and other entities to identify focus areas for trade and investments.



The meeting tried to identify the possible thrust regions and products for undertaking export promotion activities. Export Promotion Councils gave recommendations and suggestions on the kind of activities which could be carried out by the missions.



Providing market intelligence was one area in which missions' assistance was found useful and this could be further strengthened. The possibility of investment promotion and business development in the two key sectors of pharmaceuticals and electronics was discussed.



In this context, the main features and incentives under the National Manufacturing Policy and the National Electronics Policy were also outlined.



The Export Promotion Councils identified certain areas and countries, which in their view, could be concentrated upon for market expansion activities.



These included markets of Latin America, Eastern Europe, East Asia and South East Asia. The representatives of EPCs indicated some of the problems being faced by them in different sectors. The participants were assured that their suggestions would be looked into and conveyed to Indian Missions abroad, where necessary.



The Ministry of External Affairs intends to try and draw a roadmap for Indian Missions abroad in the identified core areas of export and investment so that all export promotion activities have a certain focus and are result oriented.



It was also agreed that regular meetings on investments, exports and sectoral issues would be held by the ministry so that these interactions are dynamic and lead to substantial outcomes. (ANI)


Source:-www.newstrackindia.com





Indian Rupee Opens Lower At 54.85 Per Dollar

The Indian rupee opened lower at 54.85 per dollar versus 54.77 yesterday.



Pramit Brahmbhatt, Alpari said, "The rupee is likely to continue its positive streak today supported by hopes of a further rate cut and good dollar inflows into the Indian market. However, the rising trade gap is putting pressure on the current account deficit and that could cap the upside. The range for the day is seen between 54.60-55.10/USD."



The euro stayed around 1.28 to the dollar. Meanwhile, the dollar index was firm above 83.70 levels.


Source:-www.moneycontrol.com





All Above Board | Kolkata Port’S Survival Blues

Earlier this month, the Indian cabinet approved the setting up of a new port at Sagar Island in West Bengal that will be controlled by the central government. The new port may take at least five years, if not more, to become operational, given the pace at which infrastructure projects are developed in India because of the complexities involved in various regulatory approval processes.

Nevertheless, the clearance for the new port could have a significant impact on the future of the nearby Kolkata port, India’s only riverine port and one that’s closely linked to the country’s colonial history. Built by the East India Co., this was the premier port in British India.




Kolkata port has been struggling for several years now with low depth caused by heavy siltation in the Hooghly river that impedes ship movement and the resultant drop in cargo volumes. Kolkata’s cargo volume has dropped from a historic peak of 57.32 million tones (mt) in 2007-08 to 39.88 mt in 2012-13.

Kolkata port has two docks—the one at Kolkata has a depth of 7 metres, while the other at Haldia has a depth of 7.5 metres. At this level, Kolkata is the port with the lowest water depth in India.

At the most, Kolkata/Haldia can accommodate Panamax ships—so called because they can transit the Panama Canal fully loaded. Even these ships have to reduce their load by more than half at other Indian ports to be able to dock at Kolkata/Haldia because of depth restrictions.




This under utilization of capacity is a loss to shipowners while customers have to pay extra to ship cargo into and out of the port.

The Sagar Island port will be run as a company without any of the historical baggage associated with the port at Kolkata, which operates as a trust under the Major Port Trusts Act, 1963. Of course, port experts have cast doubt over the commercial viability of the new port because of the massive investment involved in building rail or road links to evacuate cargo.

Kolkata’s main problem is dredging.




It spends about Rs.350-400 crore every year just to maintain the water depth at the current level, and the dredging bill is funded by the Indian government that owns the port. The port, as such, is easily India’s biggest dredging customer.

The only beneficiary of this is state-run dredging contractor Dredging Corp. of India Ltd, which earns more than half its revenue every year from the port. This work is given to Dredging Corp. without calling for competitive bids, in line with government policy.

The approval for the new port at Sagar Island comes as the government is thinking hard about phasing out the dredging subsidy given to Kolkata port over a five-year period.




The money given by the government for maintaining the channel of Kolkata port, it is argued, could well be utilized to set up a modern port at Sagar Island. This is clearly an ominous portent for the Kolkata port.

The withdrawal of the dredging subsidy will pose a big challenge. The port doesn’t have the financial muscle to foot the dredging bill on its own. The revenue earned by the port from handling cargo is spent mostly on paying salaries to its 7,000 employees and liabilities of 30,000 pensioners, apart from routine maintenance.

Low levels of mechanization mean that stevedores with political links hold sway over cargo-handling activities. These stevedores buy annual licences from the port worth about Rs.100,000 each but don’t share any revenue they earn with the port.

The irony is that one of the first mechanized berths at an Indian port was set up at Haldia in 1977.

Kolkata’s cargo woes deepened after state-run oil refiner Indian Oil Corp. Ltd shifted base to Paradip port in Orissa, a few years ago, for import of crude oil to feed its Haldia refinery. Crude oil imported on super tankers is pumped from Paradip to Haldia through a pipeline.




On top of this, the workers at Kolkata port are highly unionized, with the ranks being a stronghold for the Left parties and now the Trinamool Congress as well that governs the state.

It’s no surprise then that Kolkata has witnessed the lowest level of private participation in cargo handling after the Indian government opened the ports sector to non-state entities in the late 1990s.

Only two private berths are currently operating at the port and both are at Haldia, where the depth is marginally deeper than in Kolkata.




Operation and maintenance contractors such as Haldia Bulk Terminals Pvt. Ltd abandoned the project in October, just two years into the 10-year contract citing the worsening law and order situation at the port.

The port has issued tenders for developing at least four cargo-handling berths with private funds but port operators have stayed away from the bidding process because of a high-risk perception.

The message from all this is loud and clear: Kolkata port needs to act fast if it wants to survive. It has to look at ways to trim flab and modernize cargo-handling, particularly containers, if it doesn’t want to be relegated to the status of a barge-handling port. A plan to convert Kolkata into a barge port fell through a few years ago because of opposition from Trinamool Congress, then a key ally of the ruling Congress party-led federal government. Barges require very low depth and can easily call at Kolkata and Haldia.

The port also needs to identify and shut down activities that are not earning any money.

Kolkata’s survival also hinges to a large extent on the commercial utilization of the huge tracts of land it owns. The port is currently in the process of allotting as much as 50 cargo sheds and warehouses of varying dimensions to private parties on an annual-lease basis.




Mumbai port lost is pre-eminence when the government set up the Jawaharlal Nehru port, just a few miles away, in the late 1980s. The Jawaharlal Nehru port now handles significantly more cargo than Mumbai. Will Kolkata port go the same way after the Sagar Island port is developed? India’s oldest port has to figure out what to do before it’s too late.


Source:-www.livemint.com





Ambiguous language in Bill can't be compared with Act ratifying it; SB ruling in Merilyn Shipping's

IT : The provisions of section 40(a)(ia), 1961, are applicable not only to the amount which is shown as payable on the date of balance-sheet, but it is applicable to such expenditure, which become payable at any time during the relevant previous year and was actually paid within the previous year.


AO or Appellate Authority can’t ask for verification of authorization warrant issued for search

IT: Assessing Officer or Tribunal, in appeal, cannot summon and examine warrant of authorization for purpose of examining whether there existed reasons to believe on materials before competent authority to order search under section 132(1)


Format for seeking clarification on the FDI policy issued

FDI : Format for Seeking Clarifications on The FDI Policy Issues


Matter remanded as additional evidences produced before ITAT were not available earlier

IT/ILT : Where assessee in support of its claim for payment of commission to a foreign company, produced certain additional evidence before Tribunal which were not available earlier, matter was to be remanded back for disposal afresh in light of said addition evidence


Authority not bound to pass rectification order to change Co’s name unless resemblance of name is un

CL : Merely because name of a company subsequently registered is identical with or too nearly resembles name of a company which has already been registered, albeit, through inadvertence or otherwise, it does not follow that an order for rectification is bound to be passed


Letting out a car abroad by a foreign company to an Indian co. isn’t liable to ST in India

ST/ECJ : Place of provision of hiring of car, up to a period of 1 month, by a German undertaking is place of location of service provider viz. Germany and is not chargeable to service tax in India


Reassessment on mere retro amendment to any provision isn't valid unless material facts have been wi

IT : Retrospective amendment to any provision cannot be a ground for making reassessment


Customs Notification No 53/2013 (NT) dated 15-05-2013

Indian Customs : Amends Notification No. 36/2001-Customs (N.T.), dated the 3rd August, 2001



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In mortgaged property dues of State owned financial corporations prioritized over the Income-tax due

IT : Dues of State owned Financial Corporation on basis of mortgage will have primacy over realization of dues under Income-tax Act