Saturday, 22 June 2013

EPFO to keep interest rate on PF unchanged at 8.5% in 2013-14

NEW DELHI: Retirement fund body EPFO is likely to pay an interest rate of 8.5 per cent on provident fund deposits for 2013-14 to its over five crore subscribers, the same as provided in 2012-13.

"The rate of interest on PF deposits is unlikely to be changed for the current fiscal at 8.5 per cent," a source privy to the development said.


Employees' Provident Fund Organisation (EPFO) paid 8.5 per cent interest rate to its subscribers in 2012-13 which was higher than 8.25 provided in the 2011-12 fiscal.


The source further revealed that the EPFO office has already worked out the income projections and the feasible rate of return to be provided on PF deposit in the current fiscal.


As per the practice, the EPFO would have to place the proposal before its advisory body Finance and Investment Committee (FIC) after which it is considered by the apex decision making body Central Board of Trustees (CBT)headed by the Labour Minister for taking final call on the matter.


Once approved, the proposal is put before the Finance Ministry for its concurrence.


EPFO has recently reconstituted the CBT and thus the FIC would be constituted again in the next meet of trustees.


According to the source, the CBT meeting is likely to be convened next month as the new Central Provident Fund Commissioner, K K Jalan, who is executive head of EPFO has taken charge.


The source said that one of reason for proposing to keep the rate of interest unchanged for this fiscal is slight drop in government securities yield.


As per the 2008-Investment Pattern adopted by the EPFO, the body can invest up to 55 per cent of its huge corpus of over Rs 5 lakh crore in the state and central securities.





No additions for unexplained credit if genuineness of share application money was proved by assessee

IT: Where all relevant details of share application money were submitted, same could not be added as cash credit under section 68


No TP adjustment if variation between actual profit and profit determined by TPO is within tolerable

IT/ILT : Where arithmetic mean determined by TPO after considering profit margin of comparables was 5.74 per cent whereas assessee's operating profit margin was at 3.41 per cent, arithmetic mean was within +/- range of 5 per cent, and, thus, in view of second proviso to section 92C(2), no adjustment was called for


Matter remanded to verify unavailability of sec. 54EC bonds during limitation period as claimed by a

IT: Where issue of non-availability of REC bonds within specified period of 6 months from date of transfer of property had not been proved, matter of exemption under section 54EC was to be remitted back


Non-profit organizations can’t be taken as a comparables for TP study

IT/ILT : When profit margin of comparable is considered on yearly average basis, profit margin of tested party should also be adopted on similar basis, i.e., yearly average in respect of all transactions


Penalty to be waived off if there was a doubt on the chargeability of service tax

ST : Where, in view of ongoing litigations, assessee was under doubt as to liability to service tax, he is eligible for benefit of waiver of penalty in view of such reasonable cause for non-payment of service tax


Provision for leave encashment made on actuarial basis can’t be disallowed under section 50

IT : Provision made for leave encashment cannot be disallowed on basis of clause (f) of section 43B


Appeal dismissed as assessee had failed to comply with the pre-deposit requirement

ST : Where assessee was directed to make pre-deposit and was also granted extension of time and, even then, it had failed to comply with order of pre-deposit, appeal was liable to be dismissed


Agricultural land isn’t deemed as a cap asset if Municipal Limits are enlarged after issue of CBDT’s

IT : If agricultural land fell beyond 8 kms of municipal Limits on date of publication of relevant CBDT notification but fell within 8 kms on date of sale of land, it would still fall outside term 'capital asset'


IRDA issues clarification on Linked and Non-Linked Insurance Product Regulations

INSURANCE : Clarifications on IRDA (Non-Linked Insurance Products) Regulations, 2013 and IRDA (Linked Insurance Products) Regulations, 2013


Matter remanded to decide taxability of interest paid to Sri Lankan Co. in light of HC's ruling in

IT/ILT : Where assessee paid interest to its parent company located in Srilanka without deducting tax at source, in absence of copy on record of India-Srilanka DTAA showing that interest was not taxable in India or was taxable at concessinal rate, matter was to be remanded back for disposal in accordance with order passed in case of ABN Amro Bank NV v. CIT [2012] 343 ITR 81/[2011] 198 Taxman 376 (Cal.)


ITAT didn’t accept ‘Peak credit’ theory as nature of cash deposits and their utilization stood unexp

IT : Where neither nature of cash deposits in bank nor their utilization stands explained by assessee satisfactorily, his plea that only peak amount of such deposits ought to be subject to tax was not maintainable


ST couldn't be demanded from service provider if same was discharged by his agent

ST: Definition of assessee includes agent; therefore, if service tax liability of service provider has been discharged by his agent, service tax cannot be demanded from service provider