Monday, 23 December 2013

Rupee Closes At One-Week High On Rbi Chief's Comments

The rupee strengthened on Monday to its highest level in nearly a week, boosted by the central bank chief's comment on reluctance to "overtighten" monetary policy after leaving interest rates unchanged in a surprise move last week.



Reserve Bank of India Governor Raghuram Rajan said the central bank had tilted towards keeping rates on hold even before November consumer and wholesale price inflation data were released.



In an interview to television channel ET Now, he said when growth is weak, we have to be careful of "over-tightening".



"The governor's comments helped the rupee a bit. At least, the market now thinks that the central bank will consider growth as well when framing monetary policy," said Hari Chandramgethen, head of foreign exchange trading at South Indian Bank.



"I expect some support for the dollar/rupee around 61.65 levels with the pair broadly holding in a 61.60 to 62.40 range until the year-end."



The partially convertible rupee closed at 61.9525/9625 per dollar compared with 62.04/05 on Friday.



The rupee rose to as high as 61.8350 after Rajan's comments, its highest level since December 18.



Traders said gains in the domestic share market throughout the day also boosted sentiment for the rupee.Indian shares edged higher as blue chips gained on continued foreign inflows despite last week's decision by the US Federal Reserve to start reducing its bond purchases, although a fall in Infosys capped broader gains.



Dealers will continue to monitor movements in other Asian currencies and the euro for near-term direction in the absence of any major domestic factors with volumes also lower on account of year-end holidays globally. In the offshore non-deliverable forwards, the one-month contract was at 62.42 while the three-month was at 63.23.


Source:- businesstoday.intoday.in





Liquidator rightly adjudicated claims by leaving bank as no charge against property was created in b

CL: In absence of creation of charge in favour of bank in respect of immovable properties of company-in-liquidation, Official Liquidator would be justified in adjudicating claims by keeping bank excluded in respect of an amount realized from immovable properties


Defects in panchnamas don’t affect validity of search, yet remedial steps are needed to avoid this p

IT: There was certainly lapse and failure to comply with the requirements of search and seizure manual as the panchnama did not contain names of petitioners and does not record any suspension of search, yet such lapses won't affect either the validity of the search or nullify notice under section 153A of the Act


Sec. 35ABB doesn’t deem sums paid on telecom licenses as capital exp., it is operative when exp. is

IT : Sec. 35ABB doesn't deem all the payments under the terms of a telecom license to be capital expenditure


No denial of sec. 10(23C) approval on possibility that assessee would pursue non-charitable objects

IT : Mere possibility that society in future might pursue non-Charitable activities, would not constitute grounds to reject approval under section 10(23C)(vi)


MCA acts stringent towards certifying professionals to curb defective filing leading to high pendenc

COMPANIES ACT. 1956 : Ministry of Corporate Affairs' Advisory to All Certifying Professionals (CA/CS/CMA) on Defect Free Filing of All Eforms in MCA21 Portal in Accordance With Provisions of Companies Act, 1956


Sums paid to truck owners to execute transportation contract won't attract TDS in absence of a sub-c

IT: Where assessee was responsible for entire transportation job assigned by company to assessee and there was nothing on record to show that assessee had sublet his work to other truck owners, provisions of section 194C were not applicable on payment made to truck owners


Sec. 11A doesn't apply to recovery of refund which granted under exemption notification

Excise : Section 11A does not apply to recovery of refund granted under exemption Notification No. 32/99-CE


ITAT upholds postponement of recovery of TDS on salary until verdict of HC was delivered on rule 3

IT: Where assessee did not deposit TDS on perquisites in terms of order of High Court wherein validity of rule 3 of Income-tax Rules, 1962 was questioned and same was still pending for finality, recovery of TDS amount to be postponed till finality of judgment of High Court


Total No. of workers working in similar units to be aggregated to fix up eligibility for sec. 80-IB

IT: Where assessee was having another unit of same activity, workers engaged in such unit was also required to be taken into consideration while computing total number of workers employed by assessee for purpose of section 80-IB deduction


Machinery used for manufacturing of milk products would also be eligible for investment allowance, r

IT: Process of making milk products, i.e., ghee, butter milk, flavoured milk etc., from milk amount to manufacture and, therefore, plant and machinery used for such process are eligible for investment allowance


AO can't slap concealment penalty on assessee merely for claiming exp. on basis of Apex's Court verd

IT: Where assessee under bona fide belief claimed expenditure, disallowance of such expenditure could not result into penalty under section 271(1)(c)


Sunday, 22 December 2013

Only excise authorities can recover customs duty on violation of condition applicable for concession

Customs : In case of goods are imported at concessional rate of duty for Manufacture of Excisable Goods and conditions of concession are violated, jurisdictional Assistant/Deputy Commissioner of Central Excise is empowered to issue notice; hence, notice issued by Commissioner of Customs is bad in law


Tribunal's order won't be interfered if IT department couldn't point out any wrong law in such order

IT/ILT : No interference was required with Tribunal's order where Tribunal deleted disallowance of royalty payment on merits and department could not point out that wrong law had been applied by Tribunal in its order


Broker couldn't be penalized for trading in scrip if no evidence was found to prove manipulation of

SEBI : Simple trading by a broker in a particular scrip without any proved nexus between trades with other so called group of brokers and clients is not per se punishable


Onion Markets Head For Glut Despite Drop In Mep

Notwithstanding the reduction in the Minimum Export Price (MEP) of onions by the Union government, the wholesale markets are heading for a glut and decline in prices after around six months of short-supply and skyrocketing prices.



The MEP, which was $ 1,150 per tonne, was reduced to $ 800 on December 16 and further to $ 350 per tonne on December 20, as wholesale markets in the onion growing regions continued to get flooded with the arrivals of the late Kharif crop. Unlike the Rabi season crop that can be stored for over six months, the Kharif variety is highly perishable and cannot be stored over a month. This compels the farmers to sell it at whatever price it fetches.



The downward revision in the MEP has come after a series of agitations by onion farmers in various parts of Maharashtra, demanding remunerative price for the commodity as prices that had peaked to over Rs 50 a kg in the wholesale markets had crashed to Rs 9 a kg following fresh arrivals.



Officials expect that the lowering of the MEP would enable traders to export more as they would be in a better position to compete in the international markets with their counterparts from Pakistan and China. In the process, the falling prices are expected to rise in domestic wholesale markets, providing relief to farmers.



Though the lowering of the MEP has eased the situation a bit, with the average wholesale price at Lasalgaon - the biggest onion market in the country - rising from Rs 9 to Rs 13 a kg, it might not help in the long run, considering that there is going to be abundant supply of the commodity in the next few months.



In Nashik district alone, the area under onion cultivation in the Kharif season has gone up from 6,626 hectares last year to 17,473 hectares in 2013. On the other hand, the area under onion grown during the late Kharif season has increased from 21,104 hectares in 2012 to 31,197 hectares this year. Consequently, the production of onions is expected to go up from 1.21 lakh tonnes to 3.49 lakh tonnes in the Kharif season and from 3.32 lakh tonnes to 5.92 lakh tonnes in the late Kharif season.



The summer crop that was harvested in April-May and hoarded by traders for better prices (since its shelf life is six months) is exhausted. The wholesale markets are receiving the Kharif crop and early arrivals of the late Kharif crop that will continue to flood the markets till April, when the fresh Rabi crop will be harvested, adding to the abundance in supply.



The situation that prevailed in the last six months, with prices rising and consumers raising hue and cry, is reversing with the fresh arrivals. Now, it is the turn of the farmers to agitate, demanding higher price for the commodity. Organizations like the Swabhimani Shetkari Sanghatana and local politicians are already demanding that the MEP be totally scrapped. Their argument is that removal of the MEP would encourage traders to buy more onions from the domestic markets as they would be able to compete better in the international markets. In the process, the downslide in prices in the wholesale markets would stop providing relief to farmers.



The large-scale fluctuation in onion prices is a result of inconsistent government policies. For instance, even as onions were being hoarded and prices had risen to an all-time high of around Rs 56 a kg in the wholesale markets two months ago, the government did not include the commodity in the Essential Commodities Act, to check hoarding.



Onions had been placed under the Act by the NDA government in 1999 (after debacle in four state polls in 1998). But when the UPA returned to power in 2004, onions were deleted from the commodities listed in the Act. Besides, the state and the Union governments woke up too late this year and did too little to overcome the situation despite clear signals of an onion crisis last summer, considering the drought situation that had affected the area under cultivation.

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Source:- articles.timesofindia.indiatimes.com





Jindal Steel, 13 Others Served Notice On Non-Use Of Coal Blocks

indal Steel and Power Ltd has just 20 days to explain why it has failed to develop coal blocks allotted to it. If it fails to convince the government, it could be penalised, and forfeit its licence.



The coal ministry has served show-cause notices to JSPL and 13 other companies that had failed to develop their allocated coal blocks including Hindustan Zinc on December 20.



When contacted, a JSPL sokesperson said: “We have received the showcause notice. The end use project for this coal block has already been set up long time back. We have taken all the required steps for development of the coal block. We will send a suitable reply to the showcause notice.”



The government had formed an inter-ministerial group last year to review the progress of coal blocks allocated to companies for captive use and recommend action for delays in development of mines.



According to the letters sent to the 14 companies, the coal ministry has demanded to know “…why the delay in development of the coal block (s) should not be held as violation of terms and conditions of the allocation... And why the coal block should not be de-allocated.”



The companies that got notices include AES Chhattisgarh Energy Pvt Ltd for Sayang coal block, Madhya Pradesh State Mining Corp for Morga-I coal block and Hindustan Zinc for Madanpur (South) coal block.



The ministry has also asked companies “to furnish a detailed status note on the progress of end use plant(s) (EUPs) for which the coal block was allocated.”



The ministry recently issued notices to eight companies, including Adani Power, Jayaswal Neco, for delays in mine development.


Source:- hindustantimes.com





Steel Firms Struggle As Auto Makers Turn To Local Parts

Indian steel companies are seeing high demand from auto makers owing to their indigenization drive and expect it to accelerate with economic growth seen to pick up pace after the general election next year.Demand for automotive steel such as inner components and outer body parts comprises just 7-8 million tonnes (mt) a year out of India’s total production of about 78 mt, but is growing at 10-20% a year even as overall demand growth lags economic growth.

Little wonder then that top steel companies are increasing their manufacturing capacity to entrench themselves in this segment and several have roped in foreign partners for the high-technology products needed.

“Everybody has a programme to double the capacity,” said Nittin Johari, whole-time director, finance, Bhushan Steel Ltd, which has been making auto-grade steel for the past 15 years. “This sector has been growing for the last so many years… The growth will accelerate after one year.”

Johari said the outlook for 2014 is that the incoming government will spur economic growth and interest rates may drop, which could help recover demand for automobiles, and thus for auto steel as well.

Annual car sales in India, the second fastest expanding auto market after China, plunged to the lowest in a decade in April and is expected to remain depressed for the full fiscal year ending 31 March.

Car sales fell 8% to 142,849 units in November compared to a year ago, according to Society of Indian Automobile Manufacturers (Siam). Yet, demand for steel from auto companies rose fast as they choose to buy steel locally rather than import it to cut costs.

“Steel companies are aggressively targeting import substitution as it has become expensive to import steel owing to the weaker rupee,” said Goutam Chakraborty, an analyst at Emkay Global Financial Services Ltd. The rupee has depreciated by 12% against the US dollar this year.

“Many foreign auto companies are comfortable buying from steel companies from their own countries in the local market—so that is another factor driving localization,” Chakraborty added.

South Korean steel maker Posco sells steel imported from Korea but processed in India. Japan’s Nippon Steel and Sumitomo Metal Corp. has a joint venture with Tata Steel Ltd for manufacturing 600,000 tonnes of automotive cold-rolled sheets. Another Japanese company JFE Steel Corp. has a joint venture with JSW Steel Ltd to manufacture auto-grade steel.

Double targets

Leading steel companies are not just doubling capacities, they are also coming up with more products.

“Tata Steel sells around 1mt of flat products to the automotive industry and we expect it to double in next five years,” said a spokesperson from Tata Steel. “The company currently has a leading market share position and would like to maintain this position by enriching its product mix (skin or exposed auto body panels and high-tensile products).”

Tata Steel has invested in new technologies—for example, continuous annealing process line—to meet the growing needs of customers who were dependant on imports thus far.

Bhushan Steel sees its auto steel capacity rising to 4-4.5 mt in five-seven years from 2.2 mt now, Johari said.

Steel Authority of India Ltd (SAIL) supplies about 0.5 mt of steel to the auto sector and this is expected to double after modernization, its spokesperson said.

To get closer to their auto clients, companies are setting up processing plants in the auto plant hubs, top steel companies said.

“We are in the process of establishing more service centres near various auto hubs,” SAIL’s spokesperson said.

JSW Steel is setting up four processing centres to meet demand for flat steel across India, a company official said.

Local sourcing

As part of a larger strategy to pare costs, car market leader Maruti Suzuki India Ltd plans to reduce imports to $1.6 billion in fiscal 2015 from $2.5 billion in fiscal 2012, Mint reported in September 2012.

The key components targeted for localization are diesel engines and transmission components. Content sourced from local vendors makes up as much as 96% of Maruti Suzuki cars. But at least 30% of the content is imported by the vendors, who are compensated by Maruti for the adverse impact of any currency fluctuations.

Other firms, too, have set aggressive localization targets to pare costs.

Hero MotoCorp Ltd, India’s largest two-wheeler brand, has also launched a cost-saving drive, which, among other things, encourages vendors to source raw materials such as high-grade steel locally, according to a Pune-based supplier to the company, who did not want to be named.

To stave off the risk associated with currency fluctuation, car makers such as the local arm of Toyota Motor Corp., Honda Motor Co., and Nissan Motor Co. are also working on increased local sourcing.


Source:- livemint.com





No TDS on disbursement of Government aid even if it is in shape of payment of patient's medical bill

IT : Where low income group patients were provided aid by State Government under a scheme but bill were raised in name of patients and payment were made by State Government on behalf of such patients, section 194J was not attracted


A Big Push To ‘Made In India’ Cars

In a sign of its growing stature in car manufacturing, India is emerging as an export hub of global auto firms not just for small cars but also for big cars such as mid-size sedans and utility vehicles (UVs). Export of big vehicles has been on the rise as an increasing number of global brands are now selling India-built sedans and UVs in other markets.



During April-November 2013, exports of sedans reported a growth of 29 per cent at 77,987 units when compared with 60,512 units in a year-ago period. Share of big cars in total car exports has increased to 21 per cent from about nine per cent in March 2012.



Export of entry-level sedans (include Hyundai Accent, Maruti Swift Dzire and Toyota Etios sedan) and mid-size sedans (Nissan Sunny, Volkswagen Vento and Ford Fiesta, among others) grew by 28 per cent and 31 per cent, respectively, during the period.



In 2012-13, exports of these vehicles more than doubled at 91,478 units when compared with 43,903 units in the previous year, according to statistics of Society of Indian Automobile Manufacturers (SIAM).



“Sedan and UV exports from India have indeed been showing a rising trend. Manufacturers have ramped up their capacity for these vehicles due to the increasing domestic demand and have also concurrently started focusing on exports to optimally utilize their capacities,” Ajay Srinivasan, director, CRISIL Research, told The Hindu.



“While it is little early to say that India has started establishing itself as a manufacturing base for high-end cars, we do visualize the strong growth in sedan and UV exports to continue. The same factors that have made India an attractive small car manufacturing hub – huge size of the domestic market giving economies of scale in manufacturing, strong growth potential, and ample availability of labour and engineers – make India a potent force in the exports of high-end cars as well,” he added. The biggest start was provided by Nissan when it started exporting India-built premium sedan Sunny in January 2012. Nissan has been shipping Chennai-built both hatchback Micra and Sunny to various markets.



Europe’s largest car maker Volkswagen has also been selling ‘Made in India’ Vento across three continents. Recently it started shipping the cars to Mexico, which will become the single largest export market for Volkswagen India.



Along with sedans, UVs are also scripting a success story with their exports increasing to 23,556 units from 4,793 units during April-November 2012 period. Currently, Renault is the largest UV exporter from India, followed by Ford and Mahindra & Mahindra.



Both Renault and Ford have drawn up major export plans for their premium compact SUVs Duster and EcoSport, respectively. Chennai-built Ford EcoSport is being sold in 10 markets. While India’s small car export story is intact, export of bigger cars is also expected to grow strongly as the global OEMs have started realising that vehicles produced here can be sold anywhere in the world, competitively. Mr. Srinivasan also believes that increasing number of car makers would get into exports of high-end cars from India in the future. “Focus on exports also helps manufacturers better manage downturns in the domestic market,” he added.


Source:- thehindu.com





Plan Seeks Reduction In Duty For Imported Wines

The Indian Grape Processing Board has submitted a proposal to the Union government seeking a three-slab reduction in import duty for imported wines, instead of directly cutting it down from 150% to 40%. The board has said the cut will result in more inflow of imported wines in the country causing a notional loss for the wine sector to the tune of Rs 5,000 crore.



The board will also submit another proposal to the Centre to discuss the possibility of the country becoming a member of international organisations like the World Wine Trade Group (WWTG) and the Asia-Pacific Economic Cooperation (APEC) to promote wine and encourage bilateral trade of wine with other countries along with removing trade barriers among other things.



Jagdish Holkar, chairman of the board, said he had raised the issue before the member countries of the WWTG, including the non-European Union (EU) countries, in a recent meeting in Washington DC so that the board could get global support.



"The Union government is in talks with the EU to bring down import duties to 40%, which is drastic. If the duties are directly brought down to 40%, then India will become a dumping ground for imported wine. Therefore, we are trying to exert pressure on the government to rethink its decision to reduce import duty keeping in mind the global platform," he said.



Holkar said membership of the WWTG and APEC will help the country facilitate exchange of information as well as develop expertise in removing trade barriers. "For instance, Thailand has high import duties of 300%-400% on wine, which makes it difficult to enter the market there. Also, bilateral trade in case of wine, which does not exist currently, can also become a possibility if India becomes a member of these organisations," he said.


Source:- timesofindia.indiatimes.com





Follow The Reasoning On Deferred Litigation

Official litigation policy says in revenue matters, an appeal shall not be filed if the amount involved is not very high or is less than the monetary limit fixed by the revenue authorities. It also states appeals shall not be filed if the matter is covered by a series of judgments of the tribunal in question and the high courts, which have held the field and not been challenged in the Supreme Court (SC).



It also says no appeal shall be filed where the assessee has acted in accordance with the long-standing practice and also merely because of a change of opinion on the part of the jurisdictional officers.



In the case of CCE vs Techno Economic Services Pvt Ltd [2010(255) ELT 526 (Bom)], the Bombay high court observed the Central Board of Direct Taxes had taken a policy decision in March 2000 not to file appeals or references wherein the tax effect is less than the amount prescribed in the instructions issued from time to time. This was to reduce litigation before the HCs and the SC. The decision has definitely reduced the volume of litigation, enabling officers to concentrate on cases involving heavy stakes.



The HC asked the Central Board of Excise and Customs (CBEC) to adopt a similar policy, for these and related reasons, including reducing the burden on the courts and on the revenue department.



Accordingly, on October 20, 2010, the CBEC prescribed monetary limits below which an appeal shall not be filed in tribunals/courts on excise, customs and service tax matters. The Finance Act, 2011, gave necessary powers to CBEC to do so with effect from the earlier date.



The monetary limits were revised on August 17, 2011. Accordingly, the department is not to file appeals before a tribunal where the duty/tax amount is less than Rs 5 lakh. The limits for not filing appeals before HCs and the SC are Rs 10 lakh and Rs 25 lakh, respectively. These limits also apply for matters involving refunds.



However, the monetary limits will not be a consideration on matters before the revisionary authority in the finance ministry or where the constitutional validity of the provisions of an Act or Rule is under challenge or where a notification or instruction or order or circular has been held illegal or unconstitutional. Also, decisions or judgments not challenged in appeal or accepted by the department for reasons of monetary limit do not have precedent value.



The relevant laws make it abundantly clear that no person, being a party in appeal, shall contend that the department had acquiesced in the decision on the disputed issue by not filing an appeal, where an appeal has not been filed by the department following instructions issued for not filing one below the monetary limit.



CBEC recently reiterated this point and advised its counsels/representatives in the tribunal to plead that a judgment accepted for reasons of low amount should not be relied upon by the appellate forum.



So, the trade must take note that on all matters involving amounts less than the monetary limits prescribed, the department is at liberty to agitate the issue in subsequent proceedings till the matter is settled on merits.


Source:- business-standard.com





Over 40% Groundnut Shelling Units Down Shutters

Lack of export demand for peanuts in the international market has posed a major threat for the groundnut shelling units in Saurashtra.Moreover, industry sources informed that new export regulations for shelling units has also adversely affected the business.



Since the beginning of the current season in October 2013, shelling units of Gujarat have not received good business from overseas buyers. Exporters are demanding peanuts at lower rate, which is not viable for shelling units.



"We have disparity in price as exporters are demanding groundnut for Rs 51 per kg but our production cost is about Rs 53 a kg. In this condition business is not viable and as a result shelling units have to close their operations", said Mukund Shah, president of Gujarat Oilseeds Processors Association (GOPA).



According to Shah, there are more than 2,000 groundnut shelling units of in Gujarat. Out of these about 40 per cent units are not operational. The rest of the units are also operating at reduced capacity.



The trade body also held responsible, the registration rules for lower business.



As per DGFT notification dated January 3, 2013, exports of groundnut have been subjected to registration with APEDA along with controlled Aflatoxin level certificate issued by APEDA recognized laboratories.



Shah said, "New rules for shelling units is very costly and time-consuming. Hence small shelling units can not afford it. Some of the shelling units have already changed operations and shifted to other commodities."



"Overall demand in the international market for Indian peanut has declined due to heavy selling by the USA as they have large carry-over stock of groundnut. But we are hopeful that demand will prop up after January 2014.", said Kishor Tanna, President of Indian Oilseed and Produce Export Promotion Council (IOPEPC).



According to market sources, Africa is also offering peanuts at the lower rate.



As per IOPEPC data, during April to October 2013, India has exported about 211,765 tonnes groundnut. Last year in same period it was 341,678 tonnes. This year export has declined by 129,913 tonnes mainly after government's notification.



Vikram Duvani, managing director, Rachana Seeds Industry, Junagadh said, "Demand from China and other Asian countries are very nominal and in the near future, there is no hope for good demand for Indian peanuts."



Meanwhile, Arrival of groundnut has increased to 150,000 bags (1 bag = 35 kg) in Gujarat. Price of groundnut is ruling at Rs 600-725 per 20 kg. The IOPEPC has estimated kharif groundnut production fir this year at 4.91 million tonnes from five states - Gujarat, Rajasthan, Andhra Pradesh, Karnataka and Tamil Nadu - which account for close to 90 per cent of total output. This is higher by 2.1 million tonnes as compared to Kharif 2012, when the crop was only 2.81 million tonnes in these states, owing to monsoon failure.



The, Solvent Extractors' Association of India recently issued a kharif crop estimate of the Central Organization for Oil Industry & Trade. The report stated kharif groundnut production for 2013-14 would be 4.71 million tonnes, against last year's 2.62 million tonnes.



For Gujarat, it has estimated the production at 2.5 million tonnes.


Source:- business-standard.com





Gold Facing First Annual Price Drop Since 2000

Barring a late price surge, gold's value will suffer its first annual drop since the start of the millennium, while the precious metal risks further losses in 2014.Gold stood at $1,205 an ounce Friday on the London Bullion Market, down almost 27 percent in 2013 on weaker demand and easing inflation -- snapping twelve years of uninterrupted annual price growth.That leaves gold, whose twin drivers are jewellery demand and investment buying, set for its the first annual price loss since 2000 when its value had fallen by 5.6 percent.




"There are two distinct factors behind the gold price decline this year," Macquarie banking group analyst Matthew Turner told AFP.

"The first one is obviously the investor sell-off," he said, citing a sharp slump in demand from so-called exchange-traded funds (ETFs) that allow investment without trading on the futures market.

According to Turner, ETFs are on course to have sold 840 tonnes of gold this year with the metal's haven status dented by signs of economic recovery despite ongoing strains across the eurozone.

Gold's value took a knock during 2013, also from growing speculation that the US Federal Reserve would start to scale back its quantitative easing (QE) stimulus programme that propped up the world's biggest economy by billions of dollars.

Gold in June hit a three-year low at $1,180.50 an ounce on Fed speculation, before bouncing back.

It came close to matching this level at the end of last week as the US central bank ended months of speculation by finally announcing it would start to scale back its stimulus next month.

Turner said gold demand had fallen for a variety of reasons, including "a growing anticipation of the Fed ending QE... a reduced sense of crisis around the world and the fact that inflation has fallen in most countries this year, especially in the US".

He added: "This last point is very important -- the concept of QE leading to inflation has not really happened." Gold is seen also as a hedge against rising prices.

Fed tapering of its $85-billion-a-month QE policy is meanwhile set to boost the greenback, making dollar-priced gold more expensive for countries using other currencies, further weighing on demand.

Gold has been pushed lower also by rising supply, Turner said, noting that global gold mine output was increasing amid falling purchases by central banks.

In a further blow, the government of top consumer India has hiked gold customs duty three times this year to curb imports and rein in its current account deficit.

"In the very near term, Fed monetary policy stimulus will continue to be the big driver of gold prices, with improving economic data in the US increasing bets of (further) stimulus withdrawal," said National Australian Bank (NAB) economist James Glenn.

The US central bank last Wednesday announced that it would cut QE by $10 billion (7.3 billion euros) a month to $75 billion from the start of 2014. Analysts are forecasting further $10-billion cuts throughout the course of next year.

While NAB predicts that the price of gold will drop to $1,050 an ounce by late 2014/early 2015, Commerzbank is forecasting the metal to reach $1,400 by the end of next year as global monetary policy stokes inflation.

"Gold is... likely to gain greater acceptance again from Western investors as a means of hedging against a loss of purchasing power due to inflation and currency devaluation," they said in a research note.


Source:- nation.com.pk





Rupee Inches Up To 61.94 Per Dollar At Open

The Indian rupee was trading higher at 61.94/95 per dollar on Monday morning compared with its close of 62.04/05 on Friday, tracking slight gains in most Asian currency markets.

Traders will monitor the domestic stock market for further cues on the direction of foreign fund flows. The benchmark BSE Sensex was trading flat almost 50 points higher in early trade. The MSCI index of Asian shares ex-Japan rose 0.4%.

Asian currencies were trading mixed versus the dollar. The US currency extended losses against the yen and euro on profit-taking Monday following solid gains last week, but analysts said upbeat sentiment over the improving US economy would continue to provide long-term support.

Traders expect the pair to hold in a 61.80 to 62.20 range during the session.

Meanwhile, the benchmark 10-year bond yield falls 3 basis points to 8.77% after Prime Minister’s Economic Advisory Council chairman C. Rangarajan was quoted as saying inflation is easing in December.

According to media reports, Rangarajan said headline inflation and retail inflation will ease to 6.5% and 9.2%, respectively, in December on falling vegetable prices.

Longer-dated US treasury debt prices rose on Friday, which are also providing some support to bonds.


Source:- livemint.com





Trust not acting in violation of sec. 13 if it pays reasonable royalty to its members for using its

IT : Where revenue was not able to establish that royalty paid by assessee was unreasonable, same was to be inferred as adequate and reasonable coming within clause (c) of sub-section (2) of section 13


Saturday, 21 December 2013

Sum paid for copyright in a film for term more than that given in Copyright Act excludes it from ter

IT/ILT : Consideration for perpetual transfer for 99 yrs of copyrights in film is not "royalty"


RBI asks banks to mark NPAs to credit card account dues of which have remained unpaid beyond 90 days

BANKING : Prudential norms on income recognition, asset classification and provisioning pertaining to advances - Credit Card Accounts


RBI asks banks to mark NPAs to credit card account due of which have remained unpaid beyond 90 days

BANKING : Prudential norms on income recognition, asset classification and provisioning pertaining to advances - Credit Card Accounts


Objects of a newly formed trust and not its activities to be examined for granting registration unde

IT: Where trust had approached authority for registration under section 12A within a span of eight months of its formation, only objects of trust for which it was formed would have to be examined for one to be satisfied about its genuineness and not its activities


Power to extend time-limit can't revive already expired assessment

Excise : Where time-limit for framing assessment under Sales-tax law had already expired without any order extending such time-limit, any subsequent order extending period of limitation cannot clothe Assessing Officer with jurisdiction to frame assessment


Sum paid for copyright in a film for a term more than that stipulated in Copyright Act excludes it f

IT/ILT : Consideration for perpetual transfer for 99 yrs of copyrights in film is not "royalty"


SEBI eases FIIs norms; permits FIIs to invest in India using opaque structure to comply with laws of

SEBI : Declaration and undertaking regarding PCC, MCV or Equivalent Structure by FIIs


Ad hoc provision for warranty without any scientific basis shall be disallowed, Madras HC says

IT : Where provision for warranty cost was not created on a scientific basis, same was not allowable


Support services from holding co. not treated as FTS for not satisfying 'make-available' clause

IT/ILT: Services rendered under pretext of routing administrative services treated as 'technical services' – Whether when 'make-available' clause is not satisfied the sum paid for technical services shall not be taxable as FTS under Article 12 of India-Netherland DTAA - Held Yes


SEBI rationalizes periodic call auction mechanism for illiquid scrips

SEBI : Rationalization of periodic call auction for illiquid scrips


Genuine purchases from related party at prevailing market rate rules out sec. 40A(2) disallowances

IT: Where appellate authorities having found that assessee had in fact made purchases but purchase price was inflated, confirmed disallowance to extent of 25 per cent, same did not give rise to any question of law


SEBI seeks adherence to deposit mandate by debt segment members; asks exchanges to employ system for

SEBI : Deposit requirements for members of the debt segment


MCA exempts Vessel Sharing Agreements of Liner Shipping Industry from being treated as Anti-Competit

COMPETITION ACT : Section 3, read with section 54 of the Competition Act, 2002 - Prohibition of Agreements - Anti-Competitive Agreements - Notified agreements which are exempt from provisions of section 3


Trusts registration couldn't be cancelled merely on denial of sec. 10(23C) relief in subsequent year

IT: Registration under section 12A could not be cancelled on basis of denial of exemption under section 10(23C)(vi) in subsequent year


RBI asks banks to create ‘Deferred Tax Liability’ on special reserves created under I-T Act

IT : Deferred Tax Liability on special reserve created under section 36(1)(viii) of the Income Tax Act, 1961


Friday, 20 December 2013

No clandestine removal if excess quantity was in retail packs to avoid breach of weights and measure

Excice : Excess quantity packed in retail packs to avoid violation of Weights & Measures Act doesn't amount to 'clandestine removal' and when such products are liable to duty on basis of MRP declared and not on basis of quantity cleared, supply of such minimal excess quantity does not lead to loss of revenue


Matter remanded as AO taxed exchange reserve without stating reasons to establish its relation with

IT: Where Assessing Officer did not mention reasons as to why exchange variation reserve accounts (EVRA) related to fixed assets, matter would be remanded for fresh adjudication


Service Tax Defaulters To Face Arrest From January 1

Come January 1 and thousands of service tax defaulters who have not bothered to avail of the one time Voluntary Compliance Encouragement Scheme (VCES) are likely to be arrested. VCES is an amnesty scheme for those who have never filed their service tax returns as well as those who have stopped doing so. Launched by finance minister P Chidambaram, the scheme gives benefits like waiver of interest and fine on tax dues to the defaulters who come forward to pay up.



Highly-placed sources told TOI that the Hyderabad zone of the service tax department has got a 'green signal' from the finance ministry to launch the strictest action against defaulters, including arrest and immediate recovery of the money by attaching property or bank accounts.



Meanwhile, the department is leaving no stone unturned to give wide publicity to the scheme slated to end on December 31. Apart from putting up kiosks, mobile teams have been formed to reach various corners of the city in the next two weeks to persuade people to pay the tax. Officials are reportedly working even on weekends. However, sources revealed that the response is still lukewarm despite the closure date being barely 10 days away. "At present, the department is getting one or two odd cases of VCES per day," said an official, adding that recently a leading regional language TV channel paid Rs 80 lakh dues after being issued summons.



Ahead of the massive crackdown, the service tax wing of the Central Board of Excise and Customs has constituted teams to persuade defaulters to file returns. "In the recent past, we were forced to arrest some defaulters in construction, multimedia companies and security agencies. We found that they were not depositing the service tax collected from customers with the department. These are the cases of deliberate and criminal evasion. Apart from such evaders, there are thousands who are yet to get registered with the department while scores have stopped filing their service tax returns," a senior official said.


Source:- timesofindia.indiatimes.com





Self-proclamation of dominance by enterprise in its red herring prospectus won’t prove its actual do

Competition Act : Self acclaims by enterprises in their own documents like red herring prospectus cannot be taken as evidence of dominance per se


Management fee paid to establish new factory isn't operational exp; excludible to determine PLI for

IT/ILT: Where management fees were paid towards setting up of new factory, it would not constitute operational expenses and same should be excluded while computing operating profits of assessee in determining profit level indicator (PLI)


Construction of toilets under a contract and not for social service can't be deemed as 'charitable'

IT: Construction of dry latrines under contract awarded by State development agency cannot be said to be 'charitable purpose' for granting registration under section 12A


India Refined Palm Oil Imports To Surge On Low Prices -Ruchi Soya

India Dec 20 (Reuters) - India is likely to import a record 4 million tonnes of refined palm oil in 2013/14 as export taxes in key supplier Indonesia make it cheaper than the crude variety, an executive at India's top edible oil buyer said.



Indonesia, the world's biggest palm oil producer, in November hiked its crude palm oil export tax to 12 percent for December shipments, compared to 6 percent for the refined variant.



India is the world's largest vegetable oils importer, with shipments traditionally dominated by crude oils which are then refined for the domestic market. But cheaper imports of refined palm oil are keeping local refining capacity idle.



"Going by the current trend it seems imports of RBD (refined, bleached and deodorised) palm oil will be nearly half of total palm oil imports (in 2013/14)," Nitesh Shahra, president of the refinery division of Ruchi Soya told Reuters on Friday.



Indonesia has been selling RBD palm oil at a discount of $20 to $25 per tonne over crude palm oil and could offer higher discounts to boost sales, he said.



India imported 8.3 million tonnes of palm oil in the 2012/13 marketing year that ended on Oct. 31, including a record 2.2 million tonnes of RBD palm oil, data compiled by Solvent Extractors' Association of India (SEA) showed.



Shahra said he hoped the Indian government would increase duty on imported refined palm oil "very soon" to arrest the flow.



Indian Food Minister K. V. Thomas earlier this month said the government is considering tweaking import duties.



The south Asian country fills more than half its edible oil demand through imports, consisting mainly of palm oil sourced from Indonesia and Malaysia. It also buys soyoil from Argentina and Brazil, and sunflower oil from Ukraine.



India's total palm oil imports may drop marginally this year due to a correction in prices of sunflower and soyoil, Shahra said.



"The gap between palm and soft oils - sunflower and soyoil - has narrowed ... hence we are expecting an increase in import volumes of soyoil and sunflower oil."



The country's sunflower oil imports in November surged 153 percent from a year ago as the gap between crude sunflower and refined palm oil narrowed to $115 per tonne, compared to $380 at the same time last year, the SEA data showed.



OILSEED OUTPUT



The country's soybean production in 2013/14 could fall by nearly 14 percent from a year ago to 9.5 million tonnes despite a rise in the acreage, Shahra said.



"Considering there has been crop damage, we think current year soybean production would be around 9.5 million tonnes compared to 11 million tonnes last year," he said.



Key soybean producing states Madhya Pradesh and Maharashtra received heavy rainfall in August and September that initially cut yields and later damaged the harvest.



Soybeans are the main summer-sown oilseed crop in the country and so far supplies in the spot market have been lower than last year as farmers are holding back crops in expectation of price rises.



The drop in soybean production would reduce shipments from Asia's biggest soymeal exporter by around 15 percent in 2013/14, he said.



The country's soymeal exports in 2012/13 eased 4.1 percent from the previous year to 3.5 million tonnes, according to industry group Soybean Processors Association of India (SOPA).



The sowing of rapeseed, the biggest contributor of edible oil in the country, is progressing well due to conducive weather. Indian farmers were cultivating rapeseed on 6.65 million hectares as of Dec. 12, compared with 6.36 million hectares a year earlier, farm ministry data showed.



"If weather remains favourable, rapeseed production could rise to 7 million tonnes this year from 6.5 million tonnes last year," he added. (Reporting by Rajendra Jadhav)


Source:- in.reuters.com





Self-proclamation of dominance by enterprise in its red herring prospectus won't prove is actual dom

Competition Act : Self acclaims by enterprises in their own documents like red herring prospectus cannot be taken as evidence of dominance per se


Indian Rupee Rises 10 Paise To 62.04 Against Us Dollar On Strong Stocks

The Indian rupee recovered after three days of declines to close 10 paise higher at 62.04 against the US dollar today amid gains in local stocks and capital inflows.US Dollar sales by exporters and some weakness in the US currency overseas also supported the rupee.


The Indian rupee opened lower at 62.40 a dollar from the previous close of 62.14 at the interbank foreign exchange market and dropped to 62.45 on sustained dollar demand from importers, mainly oil refiners.


The local currency rebounded to a high of 62.01 on fresh dollar selling by exporters and strong local stocks. It ended at 62.04, a rise of 10 paise or 0.16 per cent. In the three previous sessions, it had fallen 41 paise.


"The domestic currency opened on a lacklustre note today as all the Asian currencies were trading weak against the US dollar," said Abhishek Goenka, CEO of India Forex Advisors.


"Rupee was seen gaining later during the session on the back of dollar selling by bankers."


The benchmark 30-share S&P BSE Sensex today shot up 371.10 points or 1.79 per cent.


Foreign institutional investors bought shares worth a net Rs 2,264.11 crore yesterday, according to provisional data. Their net purchases today were Rs 990.19 crore.


"The dollar index, which tracks the performance of the greenback versus a basket of six other major units, opened on a strong note but during the day it weakened and at present is trading near yesterday¿s close, which helped the rupee," said Pramit Brahmbhaat, CEO at Alpari Financial Services (India).


Forward dollar premiums dipped further on sustained receipts by exporters.


The benchmark six-month forward dollar premium payable in May dropped to 229-1/2 to 231-1/2 paise from the overnight close of 235-237 paise and far-forward contracts maturing in November slumped to 466-1/2 to 468-1/2 paise from 474-1/2 to 476-1/2 paise.


The RBI fixed the reference rate for the dollar at 62.2420 and for the euro at 84.8774.


The rupee turned positive to end at 101.34 against the pound from 101.79 yesterday and improved to 84.70 per euro from 85.03. It remained firm to settle at 59.41 per 100 Japanese yen from 59.69.


Source:- financialexpress.com





‘Bigg Boss’ not to withhold tax from sum paid to NR assisting in production of programme; AAR refers

IT/ILT: In view of CBDT's Circular No. 715, dated 08-08-1995, services rendered by NR for production of programmes for purpose of broadcasting and telecasting shall be specifically characterized as 'work' for the purpose of section 194C - When such services are categorized as 'work' for Sec. 194C the income therefrom would be treated as 'business income' - Held, Yes – Therefore, payment to a non-resident for production of programmes for the purpose of broadcasting and telecasting shall not be tr


Mere filing of return doesn’t attract bar on filing advance ruling application

IT : Mere filing of ITR does not attract the bar on filing advance ruling application u/s 245R(2)


Services provided via machines without human involvement can't be held as technical services to invo

IT: Section 194J would have application only when technology or technical knowledge of person is made available to other; and not where mere technical systems and/or services are rendered


HC slammed ITAT as it failed to consider admitted grounds of appeal filed by IT department

IT: Where revenue's amended ground of appeal in respect of income from letting out of godowns, etc. was admitted, but not considered in appeal by Tribunal, same required fresh adjudication


Sums paid under protest during investigation tantamount to predeposit; refund thereof is entitled to

Excise : Amounts paid under protest during investigation amount to pre-deposit and any refund thereof would be entitled to interest as per section 11BB of the Central Excise Act, 1944 (even for period prior to introduction of section 35FF)


No concealment penalty due to excess consumption of raw materials if assessee explains reasons there

IT: Where assessee properly explained excess consumption of raw material in relevant year, penalty under section 271(1)(c) could not be imposed on basis of addition of excess consumption of raw materials


Without bringing new facts on record, AO can't allege escapement of income to justify reassessment

IT : Where method adopted by assessee for computing book profit under section 115JB was considered in scrutiny assessment, in absence of any new material before Assessing Officer, reopening of assessment on said issue was not valid


HC sets aside block assessment against employees as seized docs belonged to employer company

IT: Where seized amount belonged to company and, not to employee/agent of company, block assessment proceeding under section 153A against latter was to be set aside


Thursday, 19 December 2013

Delhi High Court rejects TP adjustments on basis of Cost plus mark up on FOB value of exports

IT/ILT: The Assessing officer cannot substitute the method of 'cost plus mark up' with the method of 'cost plus mark up on FOB' value of exports without establishing that assessee bear significant risks or AEs would enjoy geographical benefits


Transaction value of related parties acceptable for excise if it's in line with price charged from o

Excise : Where assessee is selling his produce to independent buyers and also to related person at same prices, rule 8 of Valuation Rules is inapplicable for valuing sales to related party because said rule applies only if there is no sale; payment of duty based on transaction value charged from related party cannot be faulted


Review Marketing Of Agricultural Products

The Reserve Bank of India may have given it some relief by not hiking interest rates despite high inflation in its December monetary review policy, but the fact that India’s Wholesale Price Index jumped to a 14-month high of 7.52 per cent in November should be a cause for worry for the government. Its rise in November mirrors a similar spike in Consumer Price Index that hit 11.24 per cent during the month. The unchecked rise in food prices is the single major driver for this, pushing up food inflation to a 41-month high of 19.93 per cent. Given that food accounts for over 60 per cent of expenses in India’s poor households, it inflicts a “hidden tax” on them.



A significant feature of the current food inflation is its changing contours. While the prices of pulses, sugar and edible oils tended to moderate, those of staple cereals and perishables like fruits and vegetables are pushing it upwards. The blame for this lies with faulty agricultural marketing policies of the Centre and state governments. The Centre should review its open-ended procurement-based food management system that is constraining grain supplies in the market. As recommended by the Commission for Agricultural Costs and Prices, surplus stocks should be offloaded in domestic or export markets. This will bring down open market prices and save Rs 80,000 crore per year in excess storage cost.



Simultaneously, the states should reform their agricultural produce marketing committee (APMC) laws to cut down unduly high marketing costs. In India, the agriculture markets are regulated through the APMC Act in each state. Every APMC can collect market fees from the traders in the prescribed manner on the sale of notified agriculture produce. Although the Centre had come up with a model APMC Act to stimulate organised retail and contract farming in 2010, only 17 states have amended their laws to allow direct marketing, contract farming and markets in the private and co-operative sectors.



Source:- newindianexpress.com





Assessee can opt for any method under sec. 92C for computing ALP if it proves to be the most appropr

IT/ILT : Assessee is at liberty to adopt any of appropriate methods specified in section 92C, as long as it can show it to be most appropriate method for determining arm's length price


Assessee not allowed to argue otherwise as lower authority confirmed additions on method devised by

IT : Where assessee itself contended before lower authority that assessee would earn profit in ratio of 35 per cent on on-money and same should be considered assessee's income, subsequent claim of assessee that it had incurred some expenditure to earn said profit and same should be reduced could not be accepted


Raw Sugar Holds Above 3-1/2 Year Low, Coffee Eases

Raw sugar futures on ICE hovered above a 3-1/2 year low on Thursday, after the Federal Reserve sent stock markets higher with its plan to start scaling back its bond-buying stimulus .



Cocoa was firm, helped by the positive investor sentiment generated by the Fed decision, but coffee eased.



European shares rallied after the Fed accompanied its decision with a promise to keep record low interest rates in place even longer than previously signalled.



"Sugar is looking for any story to stop the rot and it's grabbed this with both hands," said James Kirkup, head of sugar brokerage at ABN AMRO.



ICE March raw sugar futures held above the previous session's 3-1/2 year low, trading up 0.05 cent or 0.3 percent at 15.94 cents a lb at 1518 GMT. The front-month fell to 15.86 cents on Wednesday, its lowest level since July 2010.



Dealers said it was unlikely the bounce was sustainable given the bearish fundamentals of the sugar market, including expectations that government supports in India could increase the volume of Indian sugar supplies on the world market.



India's cabinet will consider interest-free loans to sugar mills, Farm Minister Sharad Pawar said, to help them pay government-set rates to cane growers at a time when sugar prices have fallen.



"If they're going to be helping the Indian sugar industry to export its surplus onto the world market, it's not going to help the world market in price terms, developments there are not helpful," Kirkup said.



March white sugar on Liffe edged down 30 cents or 0.1 percent to $433.10 per tonne, after dipping to $432.10 on Wednesday, the lowest level for the front month since May 2010.



The whites-over-raws sugar premium, a measure of refining profitability, has been subdued for months but looks set to rebound as buyers take advantage of multi-year price lows.



LARGE CROP IN VIETNAM



Liffe March robusta coffee eased $19, or 1.1 percent, to $1,680 a tonne with many expecting a large crop in Vietnam will eventually drive prices down.



Robusta coffee prices are expected to slide after being one of the best performing commodities in recent weeks, analysts said.



Dealers said arabica prices had derived support from the strength of the robusta market and now appeared overvalued given more than ample supplies and the prospect of a huge crop in Brazil next year.



"We hold a bearish stance on arabica due to oversupplied fundamentals," Kona Haque, analyst at Macquarie Capital said.



March arabica futures on ICE fell 1.15 cents or 1.0 percent to $1.1480 per lb.



In cocoa, May futures on Liffe traded up 8 pounds, or 0.45 percent, at 1,769 pounds a tonne, remaining stuck inside its recent range of 1,711 pounds to 1,788 pounds, in which it has traded for over a month.



Dealers said the market lacked clear near-term direction.



"The longer-term picture still retains its constructive potential but in the short term we are very much rangebound and trendless," a U.K.-based broker said.



London's structure was in backwardation, meaning nearby contracts traded at premiums to later dated contracts, indicating expectations of tightening supply.



"The structure is a good sign for the future, that's the type of structure that comes along with bull trends," the broker added.


Source:- brecorder.com/markets





Iron Ore, Met Coal Prices Slump As Australia Ramps Up Exports

The price of iron ore slumped to a 7-week low and metallurgical coal traded at its lowest level since August on Wednesday.

The benchmark CFR import price of 62% iron ore fines at China's Tianjin fell to $133.40 a tonne on a level last seen at the end of October, while FOB premium Australian coking coal declined to $136.30 a tonne, the lowest since August 2, according to data provided by SteelIndex.




Pushing prices down were renewed worries whether economic growth in China, the world's number one importer of the steelmaking raw materials, would be sufficient to absorb a massive increase in supply.



China buys roughly 65% of the world's 1.2 billion tonne seaborne iron ore trade and after an astonishing 30% jump in 2013 to an estimated 92 million tonnes absorbs almost a third of all coking coal exports.



Chinese mills are still forging steel at a rate of more than 2 million tonnes per day – almost as much as the rest of the world combined – but the industry suffers from chronic overcapacity and low profitability.The questions now becomes whether surging supply is about to overwhelm demand



Cargoes from the world's largest exporters in Brazil, Australia and South Africa have been edging out generally low-quality domestic supply, with imports into China reaching a record high of 77.8 million tonnes in November, but the questions now becomes whether surging supply is about to overwhelm demand.



New research by Australia's Bureau of Resources and Energy Economics (BREE), the country's official forecaster, show another sharp increase in exports of iron ore and coking coal, which may coincide with a slowdown in China as the country's red hot construction sector cools and the country moves from an investment to a consumer-led economy.



BREE predicts that while Chinese iron ore imports will grow 7.4% next year, the world's top exporter Australia will increase cargoes a whopping 22.1% to 709 million tonnes as projects by Rio Tinto (LON:RIO), Fortescue Metals Group (ASX:FMG) and BHP Billiton (LON, ASX: BHP) come on stream.



Brazil, led by world number one iron ore miner Vale (NYSE:VALE), is set to up exports 9.1% to 352 million tonnes.



India, which has seen exports fall from 120 million tonnes to close to just 11 million tonnes this year, will also re-enter the market as a self-imposed ban on exports expire and stockpiles are sold on.



With more limited supply growth and no new major projects coming on stream, the outlook for the coal price is better.



Chinese imports will increase a still respectable 7.8% and met coal exports will show more modest growth with Australia, which at 168 million tonnes is expected to export three times more than second placed US, growing at just under 4%.



US exports will decline for the the third year in a row, dropping 4.6% in 2014.



Iron ore is second only to the seaborne crude oil trade and represents close to 25% of global dry bulk cargoes with coal a close second.



More than 35% of mined iron ore is shipped and 12% of global coal production is carried by sea.


Source:- mining.com





Cotton Ekes Out Gains After Fed Decides To Taper

CE cotton prices eked out small gains on Wednesday after the Federal Reserve announced it will rein in its massive US stimulus program, signalling its confidence in the economy and boosting hopes for improving retail demand. The most-active March cotton contract on ICE Futures US settled at 83.0 cents per lb, up 0.05 cent, or 0.1 percent after trading in a tight 0.70-cent range on the day.



Volumes were low, with just 6,004 lots of March contracts changing hands. Cotton held onto early gains after the Fed said it would scale back economic stimulus. Wall Street stocks rallied and the dollar rose, rebounding from a quick drop after the central bank's announcement. Growing confidence in the US economy will fuel hopes about growing demand for apparel.



Even so, any pressure on emerging market currencies resulting from the tapering could "change the dynamics of Pakistani imports and Indian exports," said INTL FCStone analysts said. That would make cotton grown in the United States, the world's biggest exporter, even less competitive on the export market, traders warned. Technically, fibers remain close to being overbought, with a relative strength index reading of 65, which leaves the market vulnerable to a correction lower.



Traders were also bracing for weekly export sales due on Thursday, which will give a glimpse into how mill demand responded to last week's move higher. "(Chinese) reserve purchases are still humming along, but mills are showing a growing reluctance to buy," said INTL FCStone analysts.


Source:-brecorder.com





Qe Cut Unlikely To Hurt Indian Stocks

A day after Reserve Bank of India Governor Raghuram Rajan surprised markets by keeping key rates unchanged, it was US Federal Reserve Chairman Ben Bernanke’s turn to surprise the Street by advancing the bond-buying taper to January 2014.



Analysts had expected the US central bank to start the taper in March. The bond-buying programme, popularly known as the third round of quantitative easing (QE3), has seen emerging markets such as India attract $19 billion in foreign institutional investor inflow so far this year. Of this, about $7.5 billion came after September, when the US Federal Reserve (US Fed) decided to postpone the taper to 2014.



Fuelled by this liquidity, the benchmark indices — the S&P BSE Sensex and the CNX Nifty— touched all-time highs.



Andrew Holland, chief executive officer, Ambit Investment Advisors, says: “The announcement does not come as a surprise per se. However, while most expected the taper to start in March 2014, we always believed it could start as early as December-January. My personal view is growth in the US and an improvement in the economy may happen faster than what people are expecting.”



Economists at Bank of America Merill Lynch (BofA-ML) expect a balanced taper of $10 billion at every subsequent Federal Open Market Committee meeting, subject to the Fed’s forecasts. “We expect the Fed to deliver a gradual taper through 2014 and to further strengthen its guidance. We continue to expect the first rate hike in the first quarter of 2016,” says Indranil Sen Gupta, India economist, BofA-ML.



Deven Choksey, managing director and chief executive, K R Choksey Shares and Securities, says, “The most important take-away from the commentary is they have not preset any programme for tapering the quantitative easing. They want to see how the economy shapes up and take a call accordingly. If the economy improves and the recovery is sustainable, the withdrawal will take place in quick succession, else it will be gradual.” So, what is the likely impact on emerging markets, especially India? Will the taper curtail flows? What is the road ahead for equity markets and how will bond yields and the rupee pan out?



BofA-ML believes a recovery in the US will be positive for India. There are three ways in which a US recovery supports India: First, higher growth in the US will raise export demand, narrow India’s current account deficit and spur growth. Second, withdrawal of US easing will likely stabilise oil and other commodity prices and help narrow the current account deficit. Third, stable oil prices should also help contain ‘imported’ inflation pressures. Experts expect dated Brent to settle at $105/barrel in FY15. For emerging markets, the impact will have to be examined from two points — currency viewpoint and outflow of money. Outflow of money on the debt front may accelerate if US bond yields start rising. This will happen only if the US economy is progressing well.



Analysts suggest bond yields in the US will go up gradually. This will take care of the movement in the rupee, which may remain in a range of 61.5/dollar and 62.5/dollar.



“As regards equity markets, the tapering is likely to have a limited impact. We don’t see withdrawal on account of this event. Fortunately, we don’t have froth in our market, with valuations remaining inexpensive. The market’s attention will now shift to the general elections. We believe the Nifty is likely to remain range-bound at 6,050-6,650,” Choksey says.



Indranil Sen Gupta of BofA-ML feels if the markets panic about shrinking G-3 liquidity, the rupee may see some volatility in the short run, given India’s inadequate import cover of 7.5-eight months. “If the dollar trades at about 1.3/euro, we will hold on to our base case of 60-65/dollar. Any sharp up-move in the dollar to, say, 1.2/euro-levels could test the 68/dollar level again. Second, a US recovery should be positive for India and the rest of the world in the medium term. Finally, the rupee typically gains when the Fed begins tightening. The very growth that pushes the Fed into tightening should also whet the risk appetite for investing in relatively high-growth emerging markets such as India,” he says.



Gautam Chhaochharia, head of India research, UBS Securities, says given their base case of the market direction being positive for 2014, the Nifty may touch 6,900 in 2014. He is ‘overweight’ on information technology, telecom, media, oil & gas, private banks and power; ‘underweight’ on auto (two-wheelers), consumer discretionary, infrastructure & capital goods and public sector banks; and ‘neutral’ on auto (four-wheelers), rural-focused consumer staples, metals & mining and pharmaceuticals.



For Bhuvnesh Singh, managing director and head of research, Barclays India, the top picks for 2014 include Infosys, ITC, Lupin, NTPC, Power Grid, Tata Motors and Tata Steel.


Source:- business-standard.com





AO can’t open his office in assessee's front yard and summon him to give statement for IT proceeding

IT: Assessing Officer/Commissioner does not have authority and jurisdiction to open his camp office in residence of assessee and call assessee's attendance in connection with proceedings under Income-tax Act


Stringent Norms De-Pulp Mango Export

Mango export this year is likely to decline, again due to stringent quality norms set by importing countries, including America and Japan, two important markets.



Despite a 12.4 per cent decline in volumes, exports of mangoes in general rose 26.2 per cent in value terms in 2012-13, to Rs 265 crore. In volume, these were 55,585 tonnes in 2012-13, as compared to 63,441 tonnes the previous year.



Japanese authorities are emphasising on a mandatory Vapour Heat Treatment (VHT). US importers want strict pack house inspection (PHC) and handling.



In a letter to the Agricultural and Processed Food Products Export Development Authority (Apeda), the Japanese authority has said it wants to send inspectors for supervision of the processing operation at each VHT facility in India. Imports from India were banned in 1986 because of suspected infestation by fruit flies. Japan lifted the ban in 2006 but exporters did not pursue the market aggressively. Only 67 tonnes were sent to Japan in 2011-12 and, with the VHP and other stringent norms, none at all in 2012-13.



American authorities, meanwhile, have also asked India to register all pack houses and farmers with the authorities here and in the US, with a weekly schedule of exports, for easy inspection and monitoring of Indian facilities.



Exports to the US fell in quantity terms to 242 tonnes in 2012-13 from 353 tonnes the previous year; however, in value terms, shipments rose to Rs 5.8 crore from Rs 2.2 crore in the same period. The United Arab Emirates and Britain are the two largest importers of mango from India — Rs 163 crore (37,599 tonnes) and Rs 32.5 crore (3,304 tonnes) in 2012-13, respectively.


Source:- freshplaza.com





Rupee Opens At 62.39 Vs Us Dollar Against Thursday's Close Of 62.12

The rupee slipped in the early trade today. It has opened lower by 27 paise at 62.39 per dollar versus 62.12 Thursday. The dollar index gains to 80.7 levels, while the euro is a tad subdued and the yen faces pressure in early trade ahead of the outcome of a Bank of Japan meeting at which policymakers were expected to maintain their commitment to ultra-easy monetary policy.



Himanshu Arora, Religare said that, "Rupee expected to lose versus dollar in short-term as US Fed's decision to commence tapering of bond buying program is expected to hammer the rupee." "Month-end dollar buying by oil companies will also keep the rupee under further pressure. Range for rupee seen between 61.94 -62.55/dollar," he added.



Himanshu Arora, Religare said that, "Rupee expected to lose versus dollar in short-term as US Fed's decision to commence tapering of bond buying program is expected to hammer the rupee." "Month-end dollar buying by oil companies will also keep the rupee under further pressure. Range for rupee seen between 61.94 -62.55/dollar," he added.


Source:- ibnlive.in.com





HC dismissed winding up petition as respondent wasn't deliberately avoiding payment of its taxes due

CL: Where there was nothing on record to show that respondent company was deliberately avoiding to make payment inspite of undertaking, winding up petition against it was to be dismissed


Real estate developer can't be prevented from parting with its fixed assets; such sale isn't a part

IT: Where assessee doing business of purchase and sale of land/developing real estate purchased agricultural land and reflected same in balance-sheet as a fixed asset and later on it had sold said land on profit, merely because land was sold for profit, it could not be said that income arising from sale of land was taxable as profit arising from adventure in nature of trade


RBI releases FAQs on Inflation Indexed National Saving Certificates

IT : FAQs on Inflation Indexed National Saving Securities - Cumulative (IINSS-C)


Courts can’t interfere with powers of SEBI to issue notice seeking safeguarding of interest of inves

SEBI : Notice and direction issued by SEBI to safeguard interest of investors cannot be interfered by Court


Waste or scrap isn't excisable if it isn't a manufactured product

GST : Explanation to section 2(d) of Central Excise Act, 1944 deals with marketability aspect only; therefore, even if end cuttings of wire emerging in course of manufacture of wiring harness is marketable, since it is not a manufactured product, it cannot be liable to duty


Receipts from letting out of property for commercial activities held taxable as business receipts

IT: Receipt on account of exploitation of immovable property by way of complex commercial activity, is business income


Cut and polished granite is mineral; export thereof not be eligible for sec. 80HHC relief

IT : Cut and polished granite would also be a mineral and export thereof would not qualify for special deduction under section 80HHC(2)(b) as it stands prior to amendment by Finance Act, 1991


Cut and polished granite, where's a ; entitled of section 80HHC relief a mineral oil

IT : Cut and polished granite would also be a mineral and export thereof would not qualify for special deduction under section 80HHC(2)(b) as it stands prior to amendment by Finance Act, 1991


Arms imported without license may be sold under sec. 48; sec. 150 not applicable for such sale

Customs : In case arms are sought to be imported without valid license and said arms are detained prior to clearance, then, they may be sold as per section 48 of Customs Act (section 150 does not apply to such sale)


No evasion penalty on wrong availment of credit if credit was reflected in records and returns were

Excise : Where credit is availed by reflecting same in statutory records and proper ER-1 returns are being filed and issue involved was one of legal interpretation of provisions of law, it cannot be said that there was any suppressions or misstatement with any mala fide intent on part of assessee, so as to levy penalty


Wednesday, 18 December 2013

Statement given freely during search puts an estoppel against assessee from retracting; HC affirms a

IT: Where assessee had freely given statement that deposited amount belonged to him and authority had acted on same, assessee could not retract his statement


Now, Onion Over-Supply Leads To Crisis

The government seems to be facing another onion crisis. If just a month ago it was scarcity and high prices that forced the government to almost stop export, this time abundant production and crashing prices is likely to cause unrest among onion growers ahead of the general election.



There were reports of farmers halting business in Nashik on Tuesday as the wholesale price touched Rs 9.5 per kg at Asia's largest onion mandi, Lasalgaon. Though for the past one month farmers' leaders and observers had been maintaining that the huge supply can be addressed only by substantially reducing minimum export price (MEP) for onion or scrap it altogether, the government has now reduced it by about 30%.



In November, the crisis of onion was so acute, with the vegetable selling at Rs 80 per kg, that the government almost stopped export, increasing the MEP to make overseas selling unviable. But with the wholesale price of onion now touching as low as Rs 9-10 per kg and likely to fall to Rs 5 in next one month, the government has taken a U-turn to promote export. The MEP has been reduced from $1,150 per tonne to $800.



While farmers have demanded that it should fall further to $300 so that Indian produce finds takers in the international market, experts feel the government and state agencies' failure to manage the crisis has been exposed.



"It's not something unusual that there is supply shortage between August and November every year. Steps have to be taken to ensure that the fresh kharif onion reaches markets by October. The summer crop is stored to meet the demand during lean months. The government must incentivize creating more storage space for onion. The summer crop (rabi) can be stored for longer duration," said Hari Prakash Sharma, deputy director (statistics) at the National Horticulture Research and Development Foundation.



He added that the government can help provide incentives such as good quality seed and bulbs which will increase the certainty of the fresh produce reaching markets in October.



Meanwhile, there has been a huge reduction in wholesale prices in the past one month at major mandis across the country.



There were reports of farmers halting business in Nashik on Tuesday as the wholesale price touched Rs 9.5 per kg at the Lasalgaon mandi.


Source:-articles.timesofindia.indiatimes.com





Andhra Govt Plans To Link Research Institutions, Academia And Industry

Taking a cue from the Research Triangle Park in North Carolina, the government of Andhra Pradesh is mulling linking research institutions, academia and industry in and around Hyderabad under the umbrella of Research and Innovation Circle of Hyderabad (RICH), said state minister for major industries, sugar, commerce and export promotion J Geetha Reddy on Wednesday.



"RICH will bridge the gap between industry and academia while encouraging applied research and commercialisation. The initiative is aimed at creating an environment where innovation is encouraged and commercialisation of research is promoted and the formation of new enterprises as well as the growth of small enterprises is supported," Reddy said while speaking at the inaugural session of the TiE Entrepreneurial Summit organised by the Hyderabad chapter of The Indus Entrepreneurs (TiE) on Wednesday.



She also pointed out that the government would be creating a fund named, 'Research to Market Fund' to fund entrepreneurial activity. However, she did not reveal the size of the fund or the timeline for setting up of RICH or the fund.



"RICH and RMF will function autonomously but work in tandem. RICH will be the technology and innovations commercialization entity, while RMF will be the investment arm," she said, adding that the prime focus will be on sectors such as life sciences, food and agri-business, clean and green technologies, IT, manufacturing as well as precision engineering in the area of defence and avionics.



Meanwhile, addressing the summit, Andhra Pradesh governor ESL Narasimhan said that budding entrepreneurs must not only focus on making big bucks but also keep their responsibility towards society in mind.



He said there was a pressing need for innovations in the area of education and healthcare in the country and urged entrepreneurs to actively look at these segments as well.



Giving details about the summit, TES 2013 chair and Peepul Capital managing director Srini Raju said that over the course of three days, more than 100 learning and mentoring sessions with entrepreneurs would be conducted. "Through TES, we are trying to bring together venture capitalists, angel investors, small and medium business owners, service providers, aspiring entrepreneurs, foreign delegates and policy makers onto a common platform to understand the opportunities in various sectors, entrepreneurial ecosystem and get motivated from the success stories of successful entrepreneurs and leaders. We feel such a summit can provide a boost to the overall entrepreneurial ecosystem and lead all stakeholders to an inclusive growth path," TiE Hyderabad president Murali Bukkapatnam said.



Among industry experts and investors who participated in the opening day sessions were Ravi Narayan, director, Microsoft Ventures, serial entrepreneur Jorden Woods, who is also the president and co-founder of Silicon Valley Fundraising, former IIT-M incubator CEO Vijay Anand, Nishant Verman of Canaan Partners, Grant Thornton partner Mahadevan Narayanamoni and TalentSprint CEO and managing director Shantanu Paul.


Source:-indiatimes.com





No treaty relief to charterer of ship as chartering party agreement proved owner of ship as freight

IT/ILT : Where one 'P', a Netherlands based shipping company, chartered a ship, which was owned by an Iranian company, and said ship was engaged by assessee to carry goods from Mangalore to other countries and further charter party agreement executed by Iranian company and 'P' showed that 100 per cent freight charges minus 3.75 per cent commission was payable by 'P' to owner of ship and out of commission of 3.75 per cent, 2.5 per cent would go to 'P' and 1.25 per cent to assessee, assessee was a


Concessional rate of duty applies to DTA clearances made by 100% EOU up to 50% of value of same good

Excise : In case of DTA clearances of 'Turbine wheels' by 100 per cent EOU, concessional rate applies to clearances upto 50 per cent of value of export of 'Turbine wheels'; export clearances of 'Bearing Housing Assembly', which is not similar goods, cannot be considered


Presence of other builders offering residential flats in same area rules out dominance of opposite p

Competition Law : Presence of other builders of repute having similar projects in area as launched by OP rules out dominance of OP in relevant market


Car Exports To Eu May Take Another Beating

Car exports to the European Union, which saw a negative trend beginning two years ago, may face another blow starting January 2014 with the EU set to raise the current 6.5% Customs duty to 10%.



The move, which would significantly increase costs by around INR 15,000 per car, comes as part of the EU’s new policy of denying preferential tariff to exports from developing nations that have become sufficiently competitive and no longer require a tax incentive.



Meanwhile, Indian auto makers are grappling with the declining demand and profits in the domestic market.



The EU is the single largest trade bloc for car exports from India. Around 40 per cent of India’s total passenger vehicle exports (5.54 lakh units) in FY13 went to the region. Of these, 80 to 90% were small cars.



Nissan-Renault, Hyundai and Maruti Suzuki, followed by Ford and Mahindra are currently among the largest exporters of passenger vehicles from India to the 28-nation union.



The EU’s decision aims at graduating a host of exports from India such as motor vehicles, bicycles, aircraft, mineral products, chemicals, raw hides, skins, leather, ships and boats, from its Generalised System of Preferences, as imports of each of these products from India has reportedly crossed 17.5% of the overall import of the items into the EU from developing countries.


Source:- steelguru.com





Indian Farmers Lack Understanding Of Good Quality Cotton

The Government of India commissioned the Technology Mission on Cotton (TMC) on February 21, 2000 to address the issues of raising productivity, improving quality and reducing the cost of production and thus provide competitive advantage to the textile industry along with ensuring attractive returns to the farmers.


The 10th Plan scheme was operational upto 31.03.2007. However, the Scheme MM III and IV of TMC were further extended in the 11th Five Year Plan for two years i.e. upto 31.3.2009 to accomplish target and completion of the projects.


In order to protect the interests of the farmers, every year, Government fixes the MSP on the basis of the recommendations of the Commission for Agricultural Costs and Prices (CACP). Accordingly, taking into consideration recommendation of the CACP, the support price during 2013-14 for medium staple length cotton has been fixed at Rs.3700/- per quintal and for long staple at Rs.4000/- per quintal.


No specific study on difficulties being faced by cotton growers has been undertaken. However, Government of India had engaged the services of ICRA Management Consulting Service Ltd., in 2011 for assessing the impact of TMC under Mini Missions MM-III & IV.


The study interalia revealed that farmers lacked understanding of good quality cotton and have limited awareness of good harvesting, storage and transportation practices and that there is a scope for education, training of farmers in areas of best farm practices, usage of new technologies and better packing, storage and transportation practices.


Source:- fibre2fashion.com





Gold Artisans Feel The Heat In India

More than 50% of India's million-plus gold industry workforce face a bleak future as high gold prices and heavy import taxes on gold have taken the sheen off the country’s insatiable hunger for the precious metal.



These artisans could soon become jobless if the government continues with its decision to discourage gold imports into the country, say retailers. Pritam Solanki, a bullion retailer from Mumbai said he was forced to cut down his employee complement to just 20 workers from the over 50 employees he had last year.



“Our orders have shrunk massively and it has become impossible to keep people on the rolls any longer. The high prices of the raw stock of gold and the high gold premiums have led to demand coming down from several quarters,'' he said.



He added that, earlier, his store would daily get jewellery orders of around 200 grams, especially in the middle of the year, now, over the last few months, this has fallen to just 25-30 grams.



Most of artisans and goldsmiths come to Mumbai from the eastern Indian state of West Bengal, with nearly a quarter of them moving back to their villages given the lack of jobs, said goldsmiths in Mumbai.



Bengal is the leader in hand made jewellery, followed by Coimbatore in the South and Rajkot, in Gujarat, said Samar Kumar De, committee member of the Gems and Jewellery Trade Federation. He pointed out that the government could prevent high net worth individuals from parking large funds in gold bars to improve the current account deficit situation. This would help cut down imports by around 75-150 tonnes per annum and ensure employment.



“Around 2 million skilled workers are employed in about 40,000 jewellery manufacturing units across one state. They face unemployment as their main raw material, gold, is fast depleting. The restrictions and the confusion regarding gold imports have been impeding raw material supplies to the units,'' says Haresh Soni, chairman of Gems and jewellery trade federation.



He adds that raw material stocks are drying up and that artisans are sitting idle in several units due to non-availability of the raw material.



The slowdown in the jewellery manufacturing industry has meant many artisans have sought alternative employment opportunities to feed their families, said M Jain of the Mumbai Jewellers Association.



Pankaj Parekh, vice chairman of the Gems and Jewellery Export Promotion Council noted that around 4.5 million artisans work in the jewellery manufacturing sector across the country. Of them, almost 1.5 million work for the export segment and 1 million workers tend to work on gold supplied by the grey market.



He added that between February and April, several jewellery units imported more gold than was needed, in anticipation of duty hikes and other restrictions from the government. The excess stock has pared down now, with most retailers exhausting their stock last month, forcing many companies to retrench workers en masse.



He said that the curbs in gold imports have been pushing the price higher and also encouraging smuggling, black marketing, hoarding and panic buying of the precious metal.



Industry estimates suggest that India's stringent strictures on gold imports has rendered jobles more than 500,000 gold artisans, craftsmen and salesmen across the country since June this year. Referring to the jobless figure, the All India Gems and Jewellery Trade Federation has said that India's stiff increase in import duty has worked adversely. ``While gold consumption increased, shortage was created due to slow supply,'' said regional chairman of the Federation Mitesh Khimji.



Among several recommendations sent across to the government, the Federation has encouraged unlocking domestic gold by introducing a disclosure scheme. With an estimated 2,50,00 tonnes of gold locked in Indian households, most of this could be made available to the artisans, rather than have the country indulge in pricey imports.

EASTERN INDIA



In West Bengal too, the government's curbs to control current account deficit, has hit the industry hard. Bachhraj Bamalwa, president of All India Gems and Jewellery Trade Federation said more than 10 million people were involved in the trade, since the majority of the work is handmade jewellery.



"It is a labour intensive industry. Millions of artisans are dependent on this sector for their livelihood. In the absence of any duty differential between articles of jewellery and primary metal, which was 8% in the case of gold jewellery and 4% in the case of silver jewellery in January 2012, there is an apprehension that Indian jewellery makers would not be able to compete with cheaper imports,'' he said.



He added that a majority of the imported jewellery was machine made. To protect the interests of small artisans however, customs duty on articles of jewellery and of goldsmiths’ or silversmiths’ wares was increased from 10% to 15% by the Finance Ministry recently.



However, Bamalwa states that the government's move to revise upward the customs duty on raw gold has nullified this incentive. The nodal agency for jewellers has warned that the ongoing supply shortage could result in more job losses in the sector.


Source:- mineweb.com





Sania Mirja scored game point in IT return; HC confirmed true disclosure of income and deleted conce

IT: Where receipt in question was correctly mentioned in return of income, penalty under section 271(1)(c) could not be imposed


Mere denial of sec. 11 relief won’t invalidates trust registration, rules HC

IT : Mere fact that an income is not exempt under section 11 would not by itself render Tamil Nadu Cricket Association's registration under section 12AA liable to be cancelled


Revenue couldn't object to interest on refund on pretext of assessee's fault if CIT(A) allowed it as

IT: Where Commissioner (Appeals) observed that interest under section 244A was allowed on refund and same was affirmed by Tribunal, it could not be apprehended that they had not verified fact as to whether assessee was in default


A person paying duty and deemed as an assessee is eligible for Cenvat credit

Excise : Where, despite process not amounting to manufacture, by retrospective amendment of rule 16 of Central Excise Rules, 2002, wire drawing units were deemed to be assessee for certain period in respect of duty paid by them, said units were eligible for Cenvat credit as per CENVAT Credit Rules


Income from shares admitted as capital assets in previous year returns can't be taxed as business in

IT: Where shares were shown as capital balance in Income-tax return of previous year as such on sale of shares, sale proceed would be long/short-term capital gain of assessee and not income from business


India-Macedonia ink new DTAA

IT/ILT : Signing of Agreement Between Government of Republic of India and Government of Republic of Macedonia for Avoidance of Double Taxation and Prevention of Fiscal Evasion With Respect to Taxes on Income


CBDT seeks to release legitimate tax refunds; relaxes time-limit for issuance of intimation in refun

IT : Section 143 of The Income-Tax Act, 1961 - Assessment - Issue of Intimation under Section 143(1) Beyond Time


Population of Municipality and not of village Panchayat decides whether asset is a capital asset or

IT : Population of Municipality and not of village Panchayat decides whether asset is a capital asset or not


Excess freight charged by assessee isn’t includible in value of excisable goods

Excise & Customs : Since transportation activity is not connected with manufacturing activity, excess recovery of transportation charges from customers cannot be added to assessable value of excisable goods


MCA exempts contribution to Electoral Trust from separate disclosures under Companies Act, 2013

COMPANIES ACT, 2013 : Section 182 of The Companies Act, 2013 - Political Contributions - Prohibitions and Restrictions Regarding - Clarifications as to Requirements of Disclosure on Part of An Electoral Trust Company of Any Amount or Amounts Contributed by it to Any Political Parties Under Section 182(3)


No extended period against assessee if exemption was withdrawn due to buyer's fault without assessee

Excise & Customs: In case an exemption availed by assessee is withdrawn due to an act of buyer, mere allegation that assessee should have taken necessary steps to ensure non-violation of condition of exemption by buyer, is not sufficient for invocation of extended period, except where violation took place by consent/knowledge of assessee