Monday 10 June 2013

Rupee Hits New Low Of 58.35

Moving from bad to worse, the rupee onTuesday fell by 19 paise to hit a new all-time low of 58.35 against the US dollar in early trade on the Interbank Foreign Exchange on heavy capital outflows amid high current account deficit.



Forex dealers said besides strong dollar’s demand from banks and importers, firming dollar against other currencies on the back of strong economic data, mainly put pressure on the domestic unit.



The rupee sank by a staggering 110 paise to close at its lifetime low of 58.16 against the dollar on Monday. The local unit has fell over nine per cent in the past six weeks.


Source:-www.thehindu.com





Rupee Slide To Help Boost Steel Cos’ Export Revenues

10-Jun-2013


KOLKATA: The plunge in rupee value will provide much needed respite to domestic steel companies which are struggling in the face of shrinking margins and low demand.



The latest drop, the worst performing Asian currency since April 1, 2013 will make India steel more competitive abroad prompting steelmakers to boost export revenues. At the same time, it will make imports relatively costlier and will help curb the recent surge in steel imports.



"The rupee fall is likely to be beneficial for steel companies. It will give us the opportunity to explore exports markets aggressively. I will also discourage imports of steel products coming into the country," Sushil Maroo deputy managing director, JSPL said.


Source:-economictimes.indiatimes.com





India's Coffee Exports Down 2.85% So Far In 2013

10-Jun-2013


India's coffee exports have declined by 2.85 per cent to 172,480 tonnes so far in the 2013 calender year due to weak global prices, according to the Coffee Board. The country had exported 177,555 tonnes in the same period of January-June last year.



"Coffee exports have come down slightly as global prices were less attractive," a senior Coffee Board official said. While international prices have been falling for much of the year, global supplies have exceeded demand. Since last month, prices have further come under pressure as farmers in Brazil are harvesting new coffee crop even as they have not finished selling last year's supplies, the official explained.



The export realisation was down at Rs 1,47,555 per tonne between January and June first week of this calendar year, as against Rs 1,46,991 per tonne in the same period last year.



In terms of value, total coffee exports were down at Rs 2,545 crore as against Rs 2,609 crore in the review period.



As per the Coffee Board data, the shipment of robusta coffee bean fell marginally to 93,213 tonnes till first week of June 2013, as against 98,863 tonnes in the year-ago period.



Similarly, the export of arabica coffee declined to 35,560 tonnes from 36,843 tonnes in the review period. However, the country re-exported 32,701 tonnes of coffee in the said period, higher than 26,558 tonnes a year ago.



India largely exports its coffee produce to Italy, Germany and Russia. Besides coffee bean, the country also exports instant coffee.



The board has pegged coffee production at 315,500 tonne in the 2012-13 crop year (October-September), a marginal increase of 1,500 tonne over the final estimate of 314,000 tonne in 2011-12.


Source:-www.business-standard.com





'Deemed Export Benefits Available For Supply Of Goods, Not Service Deals'

10-Jun-2013


We have exported a consignment on FOB basis. After the dispatch of the consignment, the shipping line is not delivering the bill of lading (B/L) to us on the ground that one of the forwarders has booked some container for us and has not taken delivery. What can we do now?

As per the law relating to bill of lading, the shipping company is bound to deliver the bill of lading to you upon receipt of the goods. It is a breach of faith if the shipping line takes your goods but does not give you the B/L. You can bring legal action to enforce the obligation of the shipping company. If the shipping company has any claims on you, that can be a subject matter of a separate dispute, but that matter cannot have a bearing on the obligation of the carrier or master or agent of the master or carrier to deliver you the B/L against receipt of goods for carriage to the named destination.



We are a manufacturer of wooden pallets and packing material, supplying to Special Economic Zone (SEZ) units and Export Oriented Units (EOU). We are importing sawn wood from New Zealand by paying customs duty and supplying 100 per cent to SEZ and EOU units for their exports. Is there any provision to avail/claim the duty amount?

I believe the sawn wood you import is an input for manufacture of pallets and packing material that you supply to units in SEZ or to EOU. Supplies to SEZ are treated as physical exports and so you can claim drawback of duties you pay on imported sawn wood, under Section 75 of the Customs Act, 1962 read with the Customs, Central Excise Duties and Service Tax Drawback Rules, 1995. Supplies to EOU are deemed exports and here again, you can claim deemed exports duty drawback as per the provisions in Chapter 8 of the Foreign Trade Policy (FTP). You also have the option to obtain advance authorisation or duty free import authorisation (DFIA) and import the sawn wood duty free, as per Chapter 4 of the FTP read with related Customs notifications no.96/2009-Cus and 98/2009-Cus, both dated 11.09.2009.



Do we need to take permission for import on 'lease' basis?

As per Para 2.35 of the FTP, no specific permission of the authorities is required for lease-financed capital goods.



We have supplied goods manufactured by us to a hydro power project that has been commissioned but the implementation was through award of works under international competitive tender invited by the company. Will the excise duty charged by us on plant and machinery be eligible for refund under deemed export benefits?

Deemed export benefits are not available for service contracts but are available for supply of goods required for setting up mega power projects (including specified hydel projects), subject to fulfilment of specified conditions. Where supply is already made without following specified procedures and the project is already commissioned, refund would not be admissible.


Source:-www.business-standard.com





Entities with disparate functions and losses can’t be taken as comparables for determination of ALP

IT/ILT : Companies engaged in functionally different business cannot be taken as comparables


Order of SetCom allowing settlement of case on merits doesn’t require any interference, says HC

IT : Order passed by Settlement Commission directing assessee's application to be proceeded with for disposal on merits did not require any interference


Computers not supposed to be error prone; penalty upheld even after claiming clerical errors in digi

ST : During period from 10-9-2004 to 30-9-2005, only commercial concerns were liable to pay service tax under Business Auxiliary Services; and, there was no intention to levy service tax on sole proprietorship concerns


Tribunal could recall its own order if assessee was prevented from arguing the matter on merits

IT: Where at time of hearing before Tribunal, assessee was prevented from arguing matter on merits, Tribunal committed no error in recalling its own order and placing matter for rehearing


Interest on service tax is payable even if it isn’t demanded in show cause notice

ST : Statutory interest is payable in respect of confirmed demand even if same is not demanded in show cause notice


Evasion of over Rs 4,500 cr in service tax, excise duties: Fin Mi

Increased efforts to check revenue leakage by the Finance Ministry have resulted in detection of over Rs 4,500 crore in service tax, excise and customs duty evasion during last year.


Out of the total Rs 4,744.92 crore of indirect tax evasion detected during April and December last year, officials made a recovery of Rs 531 crore, according to official data.


As many as 592 cases involving service tax evasion of Rs 3,055 crore were detected during 2012-13 up to December. Sustained investigation via issuance of show cause notices among others had resulted in recovery of Rs 435 crore, it said.

The Finance Ministry officials had registered 321 cases of central excise duty evasion involving an amount of Rs 571 crore during the same period of last fiscal, it said.


The officials also made recovery of Rs 96 crore being evaded as excise duty after due investigation into the matter, the data said. A total of 710 cases of customs duty evasion involving Rs 1,118.92 crore were detected between April-September last year, it said.


Representational Image. Reuters

The Finance Ministry is following a zero tolerance policy against tax evaders and has cautioned customs, central excise and service tax defaulters of stringent action.


Ministry officials say sustained efforts had resulted in detection and recovery of such a huge amount in evasion of indirect tax comprising service tax, excise and customs duty.


Investigations have found that companies and individuals were fudging data to avoid service tax. “In some cases, we found that a service provider has not acquired service tax registration number,” said a Revenue department official involved in these cases.


Similarly, in case of excise duty evasion, companies were maintaining wrong data of finished goods so as to evade tariff, the official said. In cases of customs duty evasion, the officials could lay their hands on many ‘fly-by-night’ exporters and importers.

A number of evaders were found to be misusing export promotion schemes such as duty drawback among others, he said. The Ministry has introduced and implemented a first-of-its-kind amnesty scheme for service tax defaulters.


According to the ‘Voluntary Compliance Encouragement Scheme’ (VCES), a defaulter may declare his due tax liabilities, including the cess charges, for a period between October 1, 2007 and December 31, 2012 and pay it to the government after making a truthful declaration and avoid penalty, interest or any other penal proceedings.


The officials have also booked 1,646 cases of narcotics and seized contraband goods worths Rs 164.25 crore between April-September last year.

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Title:- Govt seeks to hide tax levied in GST regime


Dircption:- The Union finance ministry — in consultation with the empowered committee of state finance ministers — is working on a mechanism where the new Goods and Services Tax (GST) regime prices are declared in a manner that would ensure the total tax levied would not be disclosed to consumers.


The government wants to hide the tax levied as it fears that if a bill is handed out to consumers containing break-up of prices of the commodity and the levies, it may invite wider criticism since the state and central tax component may add up to as high as 20%.

The proposed GST regime will have a dual tax structure where one will be the central component levied by the Centre, or the central GST, and the other to be levied by the states, or the state GST. In the dual tax structure, the Centre and states would have concurrent jurisdiction and the rate of taxes is likely to be in the range of 10% each. While the basic features of the law would be uniform, the dual model would be implemented through multiple statutes.


"A committee has been set up having members from both finance ministry and the empowered committee to deliberate how the tax could be structured within the cost of product and services," said Sushil Modi, Bihar deputy CM and chairman of the empowered committee of state finance ministers. Modi had on Friday met industry representatives and tax experts to invite their opinion on issues related to the rolling out of the GST.


The finance ministry has asked the National Institute of Public Finance and Policy (NIPFP) to work out revenue neutral rates for both the central GST and the state GST on the basis of data up to 2012-13. Earlier, the NIPFP had given their estimation for revenue neutral rates for state GST, state-wise, based on the 2009-10 data.

It had suggested rates to be 8.45% if the central sales tax (CST) is completely eliminated. At current CST rate of 2%, NIPFP had recommended to keep the state GST at 10.46%. However, the rates vary state-wise — between 5.88% and 17.21%.


While the Centre wants complete elimination of CST when GST is rolled out, the states are demanding to retain the CST at 1%-2% for initial years of the implementation of the GST to make up for their losses for migrating to the new indirect tax regime.





No penalty for delay in filing of PANs of deductees if there was reasonable cause for such failure

IT : Where Tribunal confirmed penalty order passed under section 272A without examining evidence on record showing assessee's inability to file details of tax deducted at source along with PAN of deductees, impugned penalty order was to be set aside and, matter was to be remanded back for disposal afresh


AO had to apply his mind to the objections raised by assessee opposing the reasons behind re-assessm

IT : Assessing Officer has to apply his mind to objections raised by assessee to reopening and has to deal with same in order


If case is restored for denovo assessment, assessee can't insist on preferential disposal of its obj

IT : Where order passed while reopening assessment, was itself wrong and, thus, in revision, case was restored to file of Assessing Officer to reframe assessment de novo, assessee could not contend that objections raised earlier by it should first be disposed of prior to reframing assessment


Govt seeks to hide tax levied in GST regime

The Union finance ministry — in consultation with the empowered committee of state finance ministers — is working on a mechanism where the new Goods and Services Tax (GST) regime prices are declared in a manner that would ensure the total tax levied would not be disclosed to consumers.


The government wants to hide the tax levied as it fears that if a bill is handed out to consumers containing break-up of prices of the commodity and the levies, it may invite wider criticism since the state and central tax component may add up to as high as 20%.

The proposed GST regime will have a dual tax structure where one will be the central component levied by the Centre, or the central GST, and the other to be levied by the states, or the state GST. In the dual tax structure, the Centre and states would have concurrent jurisdiction and the rate of taxes is likely to be in the range of 10% each. While the basic features of the law would be uniform, the dual model would be implemented through multiple statutes.


"A committee has been set up having members from both finance ministry and the empowered committee to deliberate how the tax could be structured within the cost of product and services," said Sushil Modi, Bihar deputy CM and chairman of the empowered committee of state finance ministers. Modi had on Friday met industry representatives and tax experts to invite their opinion on issues related to the rolling out of the GST.


The finance ministry has asked the National Institute of Public Finance and Policy (NIPFP) to work out revenue neutral rates for both the central GST and the state GST on the basis of data up to 2012-13. Earlier, the NIPFP had given their estimation for revenue neutral rates for state GST, state-wise, based on the 2009-10 data.

It had suggested rates to be 8.45% if the central sales tax (CST) is completely eliminated. At current CST rate of 2%, NIPFP had recommended to keep the state GST at 10.46%. However, the rates vary state-wise — between 5.88% and 17.21%.


While the Centre wants complete elimination of CST when GST is rolled out, the states are demanding to retain the CST at 1%-2% for initial years of the implementation of the GST to make up for their losses for migrating to the new indirect tax regime.