Thursday, 10 April 2014

China Reports Unexpected Fall In Exports, Imports

China reported an unexpected contraction in exports in March, raising the danger of job losses as Beijing tries to overhaul its slowing economy.


Trade data on Thursday showed exports fell 6.6 percent from a year earlier, well below analysts' expectations of growth in low single digits. Imports contracted by 11.3 percent, highlighting the weakness in Chinese growth.


China's leaders are counting on relatively strong export growth this year to help support employment while they try to build up domestic consumption and reduce reliance on investment in factories and infrastructure. Unexpectedly weak exports could undermine those efforts.


In a sign of official concern about job losses, the Chinese leadership launched a mini-stimulus last month based on higher spending on construction of railways, low-cost housing and other projects.


Some analysts have cautioned this year's trade figures are distorted by comparison with unreliable data issued last year. They say exporters last year inflated the value of goods sold abroad as a way to evade Chinese currency controls and bring extra money into the country.


"While the export data will add to worries among policymakers and in the market about growth slowing down precariously or China losing competitiveness, we would caution against such interpretations," said RBS economist Louis Kuijs in a report.


Kuijs said that with data distortions factored out, China's exports in March might have grown by as much as 5.2 percent, on par with South Korea.


March's trade decline came after exports shrank by 18.1 percent in February.


China's global trade balance returned to a surplus of $7.7 billion after running a deficit in January and February.


"Improving conditions in developed economies should continue to support Chinese exports," said Julian Evans-Pritchard of Capital Economics in a report. "In contrast, we expect import growth to remain relatively weak as slowing investment spending is likely to weigh on imports of commodities and capital goods."


Source:- timesofindia.indiatimes.com





Indian Steel Imports Dip 31Pct In 2013-14

PTI reported that India's steel imports declined by a whopping 31.3% last fiscal to 5.44 million tonne due to subdued economic growth and exchange rate volatility.


Joint Plant Committee, a unit of the steel ministry, said in a report that "Import of total finished steel showed a southward trend, declining by 31.3% YoY in April to March period of 2013 to 2014 at 5.445 million tonne."


Imports were down in March by 34.2% to 0.437 million tonne compared to the same month a year ago.


JPC said that "Such trends were driven by factors like slowdown in domestic economy, exchange rate volatility, relative prices, global downswing and bilateral agreements among others."


Lower imports helped India remain a net exporter of total finished steel in 2013 to 2014.


Exports were up by 4.1% last fiscal at 5.59 million tonne. JPC said that rupee volatility, different economic conditions, mismatched demand-supply situation during the period helped domestic firms ship more steel abroad.


Indian steel makers produced 85 million tonne finished steel, up 4.1% last fiscal ended March 31st, helped by a 9.5% growth in production by main producers such as SAIL, RINL and TATA Steel.


However, steel consumption growth rate hit the lowest in 4 years at 0.6% to 73.93 million tonne in 2013 to 2014 impacted by slower expansion of the domestic economy and lower imports.


Source:- steelguru.com





Govt To Miss Indirect Tax Rev Target By Rs 17,648 Cr In Fy14

The government is likely to miss revised indirect tax revenue target by about Rs 17,648 crore in the 2013-14 fiscal year due to economic slowdown, a senior government official has said.


"Provisional indirect tax collections show that the department will miss revised estimate of indirect tax collection target by about Rs 17,648 crore," Central Board of Excise and Customs (CBEC) chairperson J M Shanti Sundaram told CNBC-TV18.


"I think reasons are also there. The growth in manufacturing sector and other sectors have not been good. That has already been in papers so inspite of that we have done the best we could do," she added.


As per revised estimate, during 2013-14, the government had proposed to collect Rs 5,19,770 crore.


As per the Budget Estimate, it was Rs 5,65,252 crore.


On Parthasarathi Shome headed Tax Administration Reform Commission (TARC) proposal of amalgamation of Direct Tax and Indirect Tax Departments, Sundaram said: "Any suggestion by TARC, which would impact the structure of the collecting agencies, the two departments (CBDT and CBEC), I think, are need to be viewed with little care and would in fact I think would be beyond the mandate of TARC itself."


TARC set up by the Finance Ministry to suggest measures to prevent economic offences among other things is looking into amalgamation of Direct Tax and Indirect Tax Departments.


The TARC was given the tenure of 18 months time to give its final report which will go to the next government for follow up action.It is likely submit its first report by May end.


Source:- mydigitalfc.com





Rupee Opens 0.4% Lower At 60.33 Per Dollar

The Indian rupee on Friday opened lower tracking losses in Asian currencies and ahead of Index of Industrial Production (IIP) data. The domestic currency opened at 60.33 per dollar, down 0.4% from its Thursday’s close of 60.07.


India’s equity benchmark Sensex index was trading at 22,642.05 points on BSE, down 0.32%.Most Asian currencies were trading lower, with the Indonesian ruphiah down 0.83%, Malaysian ringgit down 0.44%,Taiwan dollar down 0.26% and the Philippines peso down 0.18%.


Since the beginning of this year, the rupee has gained 2.45% against dollar, while foreign institutional investors have bought $4.76 billion from local equity markets.


The yield on India’s 10-year benchmark bond was trading at 9.014%, compared with its Thursday’s close of 9.001%. Bond yields and prices move in opposite directions.


The dollar index, which measures the US currency’s strength against major currencies, was trading at 79.395, up 0.02% from its previous close of 79.383.The government will issue the IIP data at 5.30pm on Friday.A Bloomberg poll showed that the IIP will grow 1% in February as against 0.1% in January.


Source:- livemint.com





Distribution of liquors purchased from distilleries amounted to sale; not liable to ST

Service Tax : Procurement of Liquor from various manufacturers who were distilleries, brewery, blending unit based upon rate contract entered for supplies every year on outcome of participation in tenders and distribution thereof amounts to 'trading'/'sale' and is, therefore, not liable to service tax


No abuse of dominance by a Mfg. Co. when there were many Cos. dealing with similar products in relev

Competition Law : Where there were number of fitness equipment and treadmill manufacturing companies operating in India with more number of retailers than OP, OP would not be said to be dominant player in market of sale of treadmill


TP study couldn't be allowed to reduce profits eligible for deductions under section 10B

IT/ILT : It is not permissible for Assessing Officer to work out deduction under section 10A on basis of arm's length price determined by Transfer Pricing Officer


Wednesday, 9 April 2014

RBI allows hassle-free forward contracts booking upto USD 2,50,000; issues new reporting form for th

FEMA/ILT : Risk Management & Inter-Bank Dealings:Booking of Forward Contracts - Liberalisation


RBI bans fresh foreign investment in T-bills and Govt. securities with maturity of less than a year

FEMA/ILT : Foreign Investment In India In Government Securities


Initial subscription in PPF can be paid by e-payment; initial minimum subscription in PPF fixed at R

IT/INDIAN ACTS & RULES : Public Provident Fund Scheme (Amendment) Rules, 2014 - Amendment in Paragraph 4


Time Deposit Accounts to be renewed automatically on maturity in a CBS branch, New Post Office Rules

IT/INDIAN ACTS & RULES : Post Office Time Deposit (Amendment) Rules, 2014 - Amendment in Rule 6


New Post Office Monthly Account Rules: Interest on saving deposit can be credited at any CBS Post Of

IT/INDIAN ACTS & RULES : Post Office Monthly Income Account (Amendment) Rules, 2014 - Amendment in Rule 8 and Omission of Rule 6


Date of clearance of cheque in Post Office Saving Account to be deemed as date of deposit

IT/INDIAN ACT & RULES : Post Office Recurring Deposit (Amendment) Rules, 2014 - Amendment in Rule 6


Easy route to withdraw sum on closure of saving a/c from any CBS Post Office branch if interest isn’

IT/INDIAN ACTS & RULES : Post Office Savings Account (Amendment) Rules, 2014 - Amendment in Rule 9


FinMin allows e-payments for deposit schemes of post office equipped with CBS platform

IT/INDIAN ACTS & RULES : Post Office Savings Bank General (Amendment) Rules, 2014 - Amendment in Rules 2, 4, 5, 6, 8 and 15


Investment made by NBFCs in group Cos. via AIF or VCF to be reckoned for computing net owned funds;

NBFCs : Investment Through Alternative Investment Funds - Clarification on Calculation of NOF of an NBFC


Penalty upheld as assessee made voluntary disclosure only after unearthing of impugned docs from thi

IT: Where assessee voluntarily made disclosure of additional income only after he was confronted with documents recovered from another assessee, petition against order of Commissioner whereby application for waiver of penalty under section 273A(4) was rejected, was not maintainable


Trading Revives On Cotton Market

Renewed buying interest at the lower level from exporters and some millers on Tuesday generated activity on the cotton market where underlying sentiment also indicated firmer tone.


Floor brokers said that lesser arrivals of Indian cotton yarn in the local market due to appreciation in Indian rupee value generated some buying interest from needy mills and exporters.


Similarly, the rise in Indian currency’s value also reduced exports of cotton yarn to Chinese market as export parity becomes somewhat uncompetitive for Indian exporters.


According to brokers, all these factors are developing in favour of Pakistani spinners who had been recently under pressure due to dumping of Indian cotton yarn in domestic market and in Chinese market.


Meanwhile, the unsold stocks of cotton held by ginners are also rapidly falling and market sources believe that presently around 700,000 bales are available in the country and may completely exhaust by end of next month.


The New York cotton market opened the week on easy note where all the future contracts ended with fresh falls.


The Karachi Cotton Association (KCA) spot rates were firm at previous level.


Trading on ready counter picked up slightly, and the following deals were reported to have changed hands: 480 bales, Yazman Mandi, at Rs6,435; 2000 bales, Rahimyar Khan, at Rs6,500; 400 bales, Shahir Sultan, at Rs6,600; and 1,000 bales, Sadiquabad, at Rs6,600.


Source:- dawn.com





Capital Stuck In Refund Regimes: Ptea Chief Urges Government To Relieve Financial Stress

Pakistan Textile Exporters Association (PTEA) has urged the government to ease financial stress as 25 to 30 percent working capital has been stuck up in various refund regimes. Textile industry is the only hope for revival of country's economy which is currently jolted by high cost of doing business. The government should provide level-playing field to double its existing share in global textile trade.



Talking to newsmen after chairing an emergent meeting of textile exporters here on Tuesday, PTEA Chairman Sheikh Ilyas Mahmood pinpointed the various bottlenecks plaguing textile exports and said that most ticklish issues are severe liquidity crunch as billions of rupees of textile exporters are stuck up in various refund regimes. Finance is imperative to run the wheel of industry but without this, no one could even think to run industry, he added. GSP plus facility has brought the hope of a significant jump in textile exports but lack of necessary funds is hurting the outcomes of this duty waiver relief. Terming rising cost of production another major hurdle in export promotion, he said that prices of raw materials and inputs have sky rocketed making our products uncompetitive in international market. Textile industry in Punjab is facing the issue of competitiveness not only with rival countries but also within the country.



Ahmad Kamal, former Chairman PTEA said that GSP plus trade incentives had opened a big window of opportunity for Pakistan to not only push its textile exports to the world but also produce a trade surplus to help the government overcome its current account woes. Giving example, he said that Bangladesh has increased its textile exports from $5 billion to almost $27 billion in last eight years after obtaining free market access to EU and is aiming for $40 billion in next few years.



Azhar Majeed, former Chairman PTEA pointed out that regional countries are providing a lot of subsidies and incentives to its textile sector to remain competitive in international market. Recently, India in a bid to give stiff competition to Pakistan, has flexed its muscles by proposing huge subsidies to its textile exporters and announce seven percent relief to its textile exporters for EU and US markets. Indian textile exporters will have two percent tax relief under Duty Credit Scrip to land their goods in EU and US markets with an increase of five percent in rebate, cumulatively a seven percent relaxation.



Rana Arif Touseef, former Chairman PTEA added that incentives under Technology Upgradation fund Scheme, Focus market scheme and Interest Subvention Scheme are available to Indian textile exporters. Various Indian states are also providing additional incentives (subsidies) to attract investment in their state. Regional rivals are also getting not only constant supply of gas and electricity but also on cheep rate.


Source:- brecorder.com





South Carolina Companies Looking To Increase Exports To India

Indian-American South Carolina Governor Nikki Haley will lead a high-level delegation to India later this year, aimed at significantly increasing the American state's exports to the country.


Haley, the only second Indian-American Governor of an American State, would be making stops in New Delhi, Punjab, Mumbai and Chennai during her visit in November.


"This mission will be vital in continuing to build relationships with Indian companies and laying the groundwork for increasing our exports to the nation," South Carolina Commerce Secretary Bobby Hitt said in a statement.


During Haley's first term, South Carolina has emerged as one of the most favored destinations for Foreign Direct Investment (FDI).


IBM-Plant Location International's 2013 report recognized South Carolina, for the second year in a row, as the top per- capita recruiter of jobs tied to FDI in the US.


From 2011-2013, foreign-based companies contributed 36 per cent of new jobs and 60 per cent of investment recruited to South Carolina.


Companies based in Japan, Germany, France, China and Canada represented the top five contributors to foreign-direct investment in South Carolina from 2011-2013.


During the same period, India ranked 16th in capital investment, said the South Carolina Department of Commerce.


As a result, Haley and her team decided to target India to increase export and attract foreign direct investment by making a focused trip to India, which would last for 10 days in November.


Investment by US companies in India and vice versa has been on the rise. In 2012, US FDI in India was $ 28.4 billion, representing a 15.3 per cent increase from 2011.


This investment is led by professional, scientific, technical services, manufacturing finance/insurance, and the information sectors, according to statistics made available by the Office of the US Trade Representative.


At the same time, India FDI in the US was $ 5.2 billion, up 6.7 per cent from 2011. India's direct investment in the US is primarily concentrated in the professional, scientific, and technical services, and banking sectors.


By export value, India is South Carolina's 16th highest trade partner, according to US Department of Commerce, International Trade Administration.


Exports from South Carolina to India last year totaled $ 352 million, up from $ 110 million in 2005. This ranks South Carolina 14th in the US for total exports to India.


In general, exports to India represent a growing market. The US exports to India have more than doubled since 2006, from $ 9.6 billion to $ 21.8 billion.


Source:- economictimes.indiatimes.com





SC sets aside restraint order of SEBI as respondent was not trading in Indian market for long time

SEBI : Where respondent had not traded in Indian Market for a longtime and SEBI's restraint order against him was not given effect to, impugned order of SAT setting aside SEBI's order was justified


India March Coal Imports Rise 42% On Month: Interocean

India imported around 14.9 million mt of coal at 21 major ports in March, up 41.7% from February, according to data released Monday by Indian ship broker Interocean.


The March imports included 11.3 million mt of thermal coal, up 35.9% from February, and 3.6 million mt of coking coal, up 63.4%.


Mundra port on India's west coast received the highest coal shipments last month at 3.7 million mt, up 56.9% from February. It also received the highest steam coal shipments at 11.3 million mt, up 36% from February.


Paradip port on the east coast received the most coking coal last month at 751,987 mt up 14.4% on the month.


The surveyed ports were: Kandla, Mundra, Bhavnagar, Pipavav, Bedi, Magdalla, Dahej, Dharamtar, Haji Bunder, Jaigarh, Goa, Mangalore, Tuticorin, Ennore, Karaikal, Krishnapatnam, Kakinada, Gangavaram, Vizag, Paradip and Haldia.


Most of the coal was imported from Indonesia, South Africa, Australia and the US. Adani Enterprises, Bhatia Coal, JSW Group, Coastal Energy and Steel Authority of India Limited were the main importers.


Source:- platts.com





Steel Imports Dip 31% In Fy14 To 5.44 Mt

ndia's steel imports declined by a whopping 31.3 percent last fiscal to 5.44 MT due to subdued economic growth and exchange rate volatility.


"Import of total finished steel showed a southward trend, declining by 31.3 percent year-on-year in April-March period of 2013-14 at 5.445 MT," Joint Plant Committee (JPC), a unit of the steel ministry, said in a report.


Imports were down in March by 34.2 percent to 0.437 MT compared to the same month a year ago.


"Such trends were driven by factors like slowdown in domestic economy, exchange rate volatility, relative prices, global downswing and bilateral agreements among others," JPC said.


Lower imports helped India remain a net exporter of total finished steel in 2013-14.


Exports were up by 4.1 percent last fiscal at 5.59 MT.


JPC said rupee volatility, different economic conditions, mismatched demand-supply situation during the period helped domestic firms ship more steel abroad.


Indian steel makers produced 85 MT finished steel, up 4.1 percent last fiscal ended March 31, helped by a 9.5 percent growth in production by main producers such as SAIL , RINL and Tata Steel .


However, steel consumption growth rate hit the lowest in four years at 0.6 percent to 73.93 MT in 2013-14 impacted by slower expansion of the domestic economy and lower imports.On April 07, 2014, Steel Authority of India closed at Rs 70.90, down Rs 0.45, or 0.63 percent. The 52-week high of the share was Rs 75.35 and the 52-week low was Rs 37.65.


Source:- moneycontrol.com





Erroneous decision can't be reheard in review plea; mere apparent mistakes can be corrected in such

Excise & Customs : In exercise of review jurisdiction, it is not permissible for an erroneous decision to be 'reheard and corrected', as review court does not sit in appeal over its own order; only apparent mistakes can be corrected and new facts/evidences can be considered


Total share capital couldn't be held as unexplained if only some investors didn't respond to confirm

IT : Addition can be made only for amount which pertained to those subscribers/investors to share capital whose particulars could not be verified and who did not respond to notices issued by Assessing Officer


Whistleblower Questions Central Excise Department's Mass Promotion

The Central Board of Excise and Customs (CBEC), in a March 31 order, promoted 110 officers to the grade of assistant commissioners. The order, signed by Amarjit Singh, deputy secretary, government of India, reached offices across the country within a couple of days.


A whistleblower in Karnataka shared, on condition of anonymity, with TOI a copy of the circular with the list of promoted officers. He argued that the order was passed more than three weeks after the model code of conduct came into effect following the Election Commission's announcement of the poll schedule.


He also questions the urgency to promote officers on the last day of the financial year since formation of a new government is on the cards.


The order reads: "The President is pleased to promote the officers mentioned in Annexure-I to the grade of Assistant Commissioner of CBEC in Pay Band 3 with Grade Pay of Rs 5,400 on purely ad-hoc basis with immediate effect and until further orders."


NR Madhav Prasad Reddy, an activist from Anekal near Bangalore, late Saturday filed a complaint with the EC, demanding a probe if it violates the code of conduct.


The whistleblower's note reads: "The order of promotion of 110 assistant commissioners of Central Excise (till transfers are decided as per their own policy), signed on 31-03-2014, last day of the year, when election process is under way (not known whether proper clearances from the Election Commission have been obtained, and even if obtained what was the urgency in clearing the list when a new government will be formed and take a justified decision on the matter)."


Source:- timesofindia.indiatimes.com





Rupee Trading A Tad Weak At 60.12

The rupee was trading a tad weak at 60.12 against the dollar at the Interbank Foreign Exchange market due to mild dollar demand from banks and importers.


The domestic unit jumped by 29 paise to 59.82 against the dollar in the opening trade amid IMF’s forecast of improved growth prospects for India.


The rupee hovered in the range of 59.82-60.15 against the dollar during the afternoon trade.


Supported by slightly stronger global growth, improving export competitiveness and implementation of recently approved investment projects, India’s growth is expected to recover from 4.4 per cent in 2013 to 5.4 per cent in 2014, the IMF had said yesterday.


The domestic unit had closed flat at 60.11 per dollar on Monday. The currency market remained closed on Tuesday due to a bank holiday on account of Ram Navami.


A higher opening in the domestic equity market and strengthening of other Asian currencies against the dollar overseas also supported the rupee in early trade, forex dealers said.


The RBI is actively absorbing flows to slow the rupee’s rise since September 2013, whilst simultaneously boosting the foreign reserves stock to ward off bouts of volatility, said Radhika Rao, Economist at DBS Group.


The overnight call money rate, interest rate at which banks borrow money from each other to overcome short-term liquidity mismatches, was trading weak at 8.2 per cent from its previous close of 9.1 per cent on Monday.


Yield on 10-year benchmark 8.83 per cent government bond, maturing in 2023, softened a tad to 9.09 per cent from Monday’s close of 9.1 per cent. Prices of the security were trading slightly higher at Rs 98.29 from Rs 98.27. Bond prices and yields move in the opposite direction.


Source:- thehindubusinessline.com





Prior to 1-7-2012, no sec. 55A valuation if value of asset given by assessee was more than its marke

IT : Prior to 1-7-2012, no section 55A valuation if value of asset given by assessee was more than its market price


Banquet halls or business centres in hotels are 'luxuries'; services provided by them are liable to

CST & VAT: Provision of facility like 'business centre' or 'banquet hall' in a hotel amounts to 'luxury' and all charges therefor including internet charges, public address system charges, etc. are liable to luxury tax


No TP adjustment on reimbursement of advertisement exp. to AE if it was related to export activity o

IT/ILT: Where transaction of sharing advertisement expenditure was an independent transaction but it related to activity of export, entire amount should not be added on ad hoc basis as TP adjustment without following prescribed method


HC rejected winding-up plea against respondent-co. as bona fide dispute was found for withholding of

CL : Where company sincerely believed that claimed amount was not payable and was able to establish that there were bona fide disputes, question of failure and neglect to pay an admitted debt did not arise as claim was neither accepted as a debt nor admitted to be payable


CBEC slams dept. officials for laxity in handling litigation matters; instructs for swiftness in ong

GST : Section 35G, Read With Section 35B, of The Central Excise Act, 1944 - High Court, Appeals To - Improving Departmental Representation in High Court/Cestat


HC rejected appeal on sec. 40A(3) disallowance as this issue was not raised by revenue in prior asse

IT: Where question of disallowance under section 40A(3) was not raised before this Court in earlier appeal of same assessee for earlier assessment year, it could not be raised in subsequent assessment year


Service of adjudication order on authorized signatory of co. was valid service of order under sec. 3

Excise & Customs : Regular employee/authorised signatory of company is an authorised agent within meaning of section 37C read with section 35Q; therefore, personal service of adjudication order on such employee is a valid service under section 37C


HC slams revenue for rejecting books due to fall in GP rate without first verifying reasons of decli

IT: Where explanation for fall in GP rate was not verified by revenue, same could not be a ground for rejection of books of account


Tuesday, 8 April 2014

Assembly of AC plant with readymade parts couldn’t be deemed as manufacture; no sec. 80-IA relief

IT : Where assessee purchased air-conditioners, blowers, freezers, cooling equipments, etc. from market and installed same at customer's place and further it had connected said goods with ducting system and electrical panel controls, it could not be said that assessee was engaged in business of manufacturing of air conditioning plant and, therefore, not entitled to deduction under section 80-IA


No denial of sec. 54EC relief if investments were made above 50 lakhs prior to insertion of such cei

IT: Where assessee had invested huge sum beyond cap much prior to restriction imposed by Government to avail benefit of section 54EC, assessee was entitled to exemption under section 54EC to extent of investment made in long-term specified asset


Veena/Tambura with electrical gadgets is classifiable as Indian musical instruments; not electronic

CST & VAT : Veena, Tambura, Shruti box and Tabala, having electrical gadgets like mike, amplifier and speaker for better voice quality and ability and which are handy, are classifiable as 'Indian Musical Instruments'; not as electronic goods


HC slams AO for attaching bank account and extorting taxes even when assessee had time to file appea

IT: Action of revenue in attaching bank and withdrawing money from bank to recover dues, before expiry of time limit for filing appeal was against elementary principles of rule of law; revenue was directed to refund amount to assessee


No disallowance for TDS default if tax deducted was deposited before due date of filing return

IT : Where assessee deducted tax at source from contractual payments on last day of relevant assessment year and duly deposited same with Central Government before time fixed for filing of return under section 139(1), said payments could not be disallowed by invoking provisions of section 40(a)(ia)


RBI allows FDI in LLPs via capital contribution or transfer of share of profit; notifies form to rep

FEMA/ILT/INDIAN ACTS & RULES : FEM (Transfer or Issue of Security By A Person Resident Outside India) (Third Amendment) Regulations, 2014 - Amendment in Regulations 2 & 5 and Insertion of Schedule 9


IRDA tweaks service norms of its officers and other employees

INSURANCE/INDIAN ACTS & RULES : IRDA (Conditions of Service of Officers and Other Employees) (Third Amendment) Regulations, 2014 - Amendment in Regulations 4 and 9


HC waives off ST penalty as payment of ST was delayed due to acute financial crises of assessee-co.

Service Tax : Where delay in payment of service tax was attributable to sickness of company viz. acute financial constraint, penalty under section 76 was to be waived


Tribunal admitted copy of bill of entry as evidence for remittance of Forex as FERA doesn't state ot

FERA : Provision of section 8(4), did not require that exchange control copy of bill of entry must be furnished to prove that goods against remittance were actually brought in India; same may be proved by appellant by any other means


TP adjustment set aside as comparable of TPO was functionally different and had an odd event of amal

IT/ILT : Where in course of transfer pricing proceedings, TPO made certain addition to assessee's ALP in respect of its business of software development services, in view of fact that in case of one comparable selected by TPO, an extraordinary event of amalgamation took place whereas some other comparables were improper on account of functional difference, impugned adjustment was to be set aside and, matter was to be remanded back for disposal afresh


India Must Accelerate Port Development: Experts

India must accelerate development of its deep sea ports to catch up with its rapidly growing foreign trade, experts attending a maritime conference said here.


They especially highlighted India's challenge in meeting increasing trade volume which calls for massive improvement in domestic transportation and investments in deep-sea ports for handling large size vessels.


"We are seeing some very exciting developments in India but really to keep pace with the rapid growth in India's foreign trade, more is going to be needed," said Christopher Hayman, chairman of the UK-based shipping industry Seatrade, one of the organisers of the conferences and forums taking place in Singapore this week.


"There is trade growth certainly and it is going to generate huge demand for port facilities, especially the container movement into India," he told PTI.


But the challenge for India would be to set up deep-sea ports with capabilities to handle 18,000 Twenty-foot equivalent units (TEUs) size ships as the country's trade volume increases rapidly.


"Indian port expansion is on the way, investment is going in (and) infrastructure is being planned. But it is a big challenge for India. For the time being, there is a lot of catching up to do," he stressed.


He also pointed out that the challenge of handling large-size ships was not only for India but for everywhere as global trade volume increases.


Currently, India's containerised trade was being trans-shipped through neighbouring ports, Colombo's deep-sea port being one of them, and Singapore another, he said.


Meanwhile, a port development expert said India has limited locations to set up deep-water ports, except for Mumbai and some of the islands on the East and West coasts.


India's present containerised exports were shipped through feeder vessels to Colombo and Singapore for trans-shipment to the markets in the Pacific and the East Coast of the US.


Likewise, trans-shipment of Indian containerised cargoes was taking place from Dubai for markets in Europe and the US West Coast as well as other destinations, he said.


Source:- business-standard.com





Imports Of Pulses And Edible Oils Becomes Cheaper; Prices To Remain Steady Till Lok Sabha Elections

Consumers fighting a high food inflation have got some breather with the rupee becoming stronger against the dollar. Imports of pulses and edible oils have become cheaper and traders indicate that prices will remain steady till the Lok Sabha elections are over.


India, the biggest consumer of pulses, imports the commodity from countries like Canada, the US, Australia, Myanmar and South Africa.


"In the current fiscal, India is likely to import 2.5 million tonne of pigeon peas compared to 3 million tonne in the previous fiscal. The rupee getting stronger against the dollar will act as an incentive to importers and keep prices at a steady level in the market," said KC Bhartia, director, Indian Pulses and Grains Association.


Bhartia said prices of pulses will hover around Rs 70 per kg at least for next two months. India will be importing less pulses this year as pulses production has been on the higher side this year.


According to government estimates, the country is expected to produce 19.8 tonne of pulses this year, which includes 9.8 tonne of chana crop though the trade says that only 6.5 tonne of chana crop has been produced this year. The cooking oil segment seems to be the biggest beneficiary of a strong rupee, which has inched up to 60 level.


Imports of pulses and edible oils becomes cheaper; prices to remain steady till Lok Sabha elections Angshu Mallik, chief operating officer, Adani Wilmar, said, "We had thought of increasing prices as international prices of cooking oil were going up. But now that the rupee has strengthened, we do not see an immediate price increase. The commodity price has corrected too. And this trend is likely to continue till the general elections." Adani Wilmar sells cooking oil under the brand name Fortune.


Palm oil prices have gone up the most in past two months due to a dry spell in the two producing countries - Malaysia and Indonesia. Warm weather in February and March has affected the crop in these two southeast Asian nations. Reports say that palm oil stockpiles in Malaysia may have declined for a third month in March, falling to the lowest level in three years.


"Prices of palm oil had appreciated by $100 in the past two months. And this trend is likely to continue in the second quarter as well. However, the rupee getting stronger against the dollar will bring some relief to the cooking oil market. Consumers, who are otherwise burdened with inflationary pressure, may not see an immediate hike in prices," said BV Mehta, executive director, Solvent Extractors Association of India.


India is expected to import 10.5 -11 million tonne of edible oil in current oil year (November 1, 2013 to October 31, 2014) to meet its domestic demand. The country consumes 17 -18 million tonne of edible oil annually.


Source:- economictimes.indiatimes.com





Lack Of Clarity On Raw Sugar Exports Vexes Mill Owners

There has been no word on raw sugar export subsidy for April and May which should have been announced about a week ago. The subsidy of Rs 3,300 per tonne was announced for February and March and had to be revised every two months, based on the prevailing exchange rate of the rupee.


Industry veterans fear a delay in physical movement of sugar meant for exports may not firm up domestic prices, which have seen a consistent rally since February.


The Union government announced on February 28 an incentive scheme for raw sugar production for the 2013-14 and 2014-15 sugar seasons. It was meant to help the sugar industry reduce its inventory, improve cash flows and make timely payment to cane farmers.


"The delay in exports can also affect the cash flow of sugar mills and in turn their cane payment," said a private sugar miller from Uttar Pradesh. With the crushing season almost coming to an end, very few new contracts for raw sugar exports are being signed.


Physical shipments of the contracts entered into till now will continue till the rainy season sets in. In the current sugar year from October to November, India has exported about 19 lakh tonne including about 8.5 lakh tonne of raw sugar.


The total shipment in the current season is expected to be 25 lakh tonne, of which raw sugar export is expected to be 11 lakh tonne to 12 lakh tonne. When the incentive was announced on February 28, the rupee was trading at 62.44 against the dollar but has since become stronger.


Although the subsidy works out to be more than Rs 3,300 per tonne due to the appreciation of the rupee, the ministry cannot increase it without cabinet approval. The subsidy for April and May is most likely to remain stable at Rs 3,300 per tonne. Millers, especially the small co-operatives, want clarity about it.


"According to the new exchange rate, the subsidy works out to be Rs 3,800 per tonne. We are happy with Rs 3,300 per tonne but need clarity about it," said an industry source. After remaining subdued for almost a year, domestic prices have improved to Rs 32 per kg from their lowest level of Rs 25 per kg in February. Higher exports will help keep domestic prices firm.


The sugar industry has accused the government of a half-hearted approach while implementing schemes for the sugar sector. "The schemes, it has announced to help the sugar industry, are not fully getting implemented.


As a result, the sugar industry and cane farmers continue to suffer," said a sugar miller from Uttar Pradesh adding, "Only about half of the interestfree loan against the excise duty announced by the government has been disbursed due to the tough conditions included in the scheme."


Source:- economictimes.indiatimes.com





Australia Set To Win Share Of U.S. Beef Exports To Japan

Australia is set to boost beef exports to Japan after the two countries reached a trade agreement, analysts said on Tuesday, snatching U.S. market share and adding to pressure on the United Sates to seal its own trade deal.


Australia and Japan clinched a basic trade deal on Monday to cut import tariffs, with the impact expected to be felt most by Australian beef producers and Japanese car exporters.


"Australian beef exports to Japan should rise," said Vyanne Lai, agricultural economist, National Australia Bank. "The tariffs on Australian beef will be 8 percent lower than on U.S. supplies immediately and will get progressively lower over a number of years."


Japan is Australia's largest customer for beef exports, which make up more than a third of Australia's total A$3.8 billion ($3.52 billion) in agricultural exports to the country, according to government figures.


Australian currently supplies about half of all Japan's imported beef and is set to export about 280,000 tonnes in the 2013/14 season, according to the Australian Bureau of Agricultural and Resource Economics and Sciences.


This is down from nearly 90 percent 10 years ago when U.S. sales to Japan were limited by curbs following a case of mad cow disease, a brain-wasting condition formally known as bovine spongiform encephalopathy.


Under the bilateral free trade deal, tariffs on frozen beef exports to Japan will fall from 38.5 percent to 19.5 percent over 18 years, while tariffs on chilled beef will fall from 38.5 percent to 23.5 percent over 15 years.


The agreement is front loaded and once signed, Australian beef exporters will have an immediate advantage over U.S. sellers, who face the same 38.5 percent tariff.


Japan and the United States are also pushing for a two-way trade deal, a crucial part of a broad U.S.-led Trans-Pacific Partnership (TPP) before U.S. President Barack Obama arrives in Japan later this month.


TRADE MISSES


Despite the gains for beef, Australian farm organsiations expressed disappointment that some other commodities appeared to have won few benefits from the trade deal with Japan.


Australia's small horticulture market should gain, but Australian dairy and sugar producers were the most aggrieved, with high tariffs staying in place.


Australian sugar sales, which account for about a third of Japan's imports, will see lower tariffs for international standard sales, but industry group CaneGrowers Australia said much of Australian exports are specialised grades, on which tariffs will remain at 70 percent.


"We expect to see Australian exports to Japan continue to slide," said Paul Schembri of the Australian Sugar Alliance.


Cheese sales to Japan, worth A$415 million in the 2012/13 season, will have the quota for duty free imports increased, but tariffs on all other sales will remain at 29.8 percent. Dairy farmers said they were extremely disappointed.


Source:- in.reuters.com





Rupee To Us Dollar: Indian Currency Now More Dependent On Inflows Into Equity Markets

Over the near-term, we can see the Indian rupee to US dollar range oscillating between 59.30/50 and 60.50/70.Over the last one week, we have seen the Indian rupee traverse within the range of 59.50/70 and 60.40/50 levels to the US dollar on spot. RBI has shown strong resolve to procure US dollars from the market, evident from the sharp uptick in the FCY reserves. At the same time, RBI has disallowed FIIs from investing in short term govt. debt, which means, from now on, Indian rupee would be all the more dependent on the inflows into the equity markets.


On Monday, the local unit had opened stronger, on the back overnight sell-off in the offshore markets. Offshore continues to drive the Indian rupee and sets its value as onerous regulations in the domestic markets prevents price discovery.


Indian rupee traded to a day’s high of 59.78/79 before reversing course on the back of sell-off global and domestic equity markets. The pair closed around 60.10/11 on spot, after touching a high of 60.22/24 levels on spot. Importer demand and the invisible hand of the sovereign supported the Greenback.


Over the near-term, we can see the pair oscillate between a range of 59.30/50 and 60.50/70, as central bank intervention and FII interest keeps the local unit bracketed.


Overnight, SEBI announced measures to reduce margins on exchange traded currency derivatives segment. We welcome the step. However, we hope that a full restoration of the previous norms will happen. Over the last few years, a number of onerous regulations were put in place on exchange traded segment. As our central bank governor has emphasised in his speeches that there is a for liquid and deep multi asset financial markets, a step in that direction can be to make regulations non-prohibitory and less complicated. We hope that position limits are relaxed and also banks are allowed to participate actively in the exchange traded market. FIIs have just been allowed to hedge their exposure in the ETC. Therefore, in order to allow for deep and liquid exchange traded FX market there has to be ample scope from domestic participants, hedgers, speculators and arbitragers, to also participate actively in the ETC markets.


Source:- indianexpress.com





Monday, 7 April 2014

Haryana Govt. notified declaration form for SEZ dealers purchasing goods at zero rate of tax

CENTRAL SALES TAX & VAT/INDIAN ACTS & RULES : Haryana Value Added Tax (Second Amendment) Rules, 2013 - Amendment in rules 2, 19, 56, 79, Form Vat-B3, Form Vat C-3, Form VAT-D2 & Form VAT D3 and insertion of rule 21A


Haryana Govt. relaxes obligation of dealers to issue sale invoices for cash sales of up to Rs 1,000

CENTRAL SALES TAX & VAT/INDIAN ACTS & RULES : Haryana Value Added Tax (Amendment) Rules, 2014 – Amendment in rule 54


ITAT Upheld levy of penalty for tax audit default as assessee failed to furnish bona-fide reasons fo

IT: Where value of speculative share transactions exceeded prescribed limit for tax audit under section 44AB, levy of penalty under section 271B for tax audit default was justified


HC upheld rejection of fourth adjournment sought by assessee after three successful adjournments

Excise & Customs : Where assessee was not serious and was seeking repeated adjournments, there was no fault on part of Tribunal in not allowing fourth adjournment; however, considering facts, one more change could be given to assessee


Kbp Holds Rally Against Government Policies Today

The Kissan Board Pakistan (KBP) central Punjab is holding a big protest rally against the government's anti agriculture polices, high electricity tariff, and privatisation of the essential state enterprises on the G.T. road near river Chenab Bridge at 11 am today. The rally will be led by KBP Chief Sardar Zafar Hussein Khan Information secretary Khalid Ranjha, district leader Soofi Muhammad and Chaudhry Muhammad Riaz. Farmers of Sialkot, Gujarat and Gujranwala districts are participating in the rally.


President KBP central Punjab Noor Elahi Tatla said here on Sunday that the government had adopted anti-agriculture policies in case of strategic wheat, cotton, rice, sugarcane in particular and entire agriculture in general. He alleged that the influential owners of the sugar mills belonging to ruling and the opposition parties had not paid billions of rupees to the poor sugarcane growers for their produce. The growers had been running from pillar to the post and approaching the management of the sugar mills, the cane commissioner and the local administration demanding payment of their dues but had failed to get their hard earned money. Their patience is touching the limit, he added.


He said the wheat crop is being harvested but the government has not yet announced the upward support price despite tremendous increase in cost of production over the years. Besides the government has also not fixed the flat rate of electricity for the irrigation tube-wells to give relief to the farmers which is more dangerous than the drone attack on the rural economy.


He said that the rulers had bought the potato vegetables and fruits and other agriculture commodities from the farmers on cheap rates with the help of the administration. They are now exporting these commodities and earning huge profits without passing on any benefit to the growers. He said that the farmers and growers are convinced the government has increased the cost of production of essential food items and commodities by levying general sales on the agriculture in puts.


He said the farming community had been strongly protesting against the government's move to give India status of Most Favourite Nation (MFN) whereas India is an enemy country, which had been hatching conspiracies to stop supply of rivers' water to Pakistan and ruin its agriculture. On the other hand, our rulers were asking the Pakistani growers to compete with the Indian farmers who were provided electricity at extremely cheap prices and subsidies on diesel while in Pakistan farmers were facing long load shedding and expensive agricultural inputs.


Listing demands of the farmers Tatla said that the government should immediately arrange payment to the sugarcane growers by the sugar mills, announce support price of the wheat, reduce tariff of electricity and provide same incentives to the farmers which are given to the Indian farmers by the Indian government to make prices of agriculture commodities competitive before giving MFN status to India.


Source:- brecorder.com





Food Companies Add Value To Exports

A lot is happening across the spectrum of food business. Output and local sales of food items are growing, boosting profits of companies. Besides, food export earnings are up and import bills down, creating a food trade surplus.


Food exports — at $3.15 billion in July-February FY14 (8MFY14) — are 9pc higher than those in 8MFY13. On the other hand, food imports are down 10pc to $2.73 billion over this period, resulting in a food trade surplus of $420 million.


This surplus has emerged due to many factors. Most noteworthy are the increase in average export prices of rice, fruits and vegetables; growth in seafood exports after the lifting of the EU ban in August 2013; and a big jump in export of oilseeds, nuts and kernels, both in terms of volumes and forex earnings.


“It’s for the first time that the country exported about 50,000 tonnes of oilseeds, nuts and kernel in just eight months of this fiscal, and earned in excess of $67 million, mainly because of higher sunflower and canola oilseed output,” points out one leading exporter.


In the year-ago period, the export totaled 17,000 tonnes, and earnings were just below $21.5 million.Earnings from Basmati rice rose 6pc to $412 million, even though export volumes shrank 9pc. Similarly, forex earnings through exports of non-Basmati rice soared 30.6pc to $1.04 billion, despite a low expansion of 4.6pc in shipments.


“Better packaging; increased sales to the Middle East, China, Europe, Africa and Central Asia; growth in exports of par-boiled and brown rice; and better overseas marketing by leading food companies pushed up the average export price of rice,” says a local exporter.


For quite some time, Engro Foods has been purchasing large amounts of paddy from growers — 137,000 tonnes in 2012, and 190,000 tonnes in 2013. After processing it, the company is making big local sales of rice, and is also exporting it. In 2013, its exports totaled 23,500 tonnes, and local sales stood at around 35,000 tonnes.


The launch of the ‘Rymah’ brand of rice in the UAE last year helped the company boost its exports there, officials say. Rymah is available in 2kg, 5kg, 10kg and 20kg packs.


Meanwhile, exports of fruits and vegetables fetched $338 million and $139 million in 8MFY14 respectively, showing year-on-year increases of 23 and 11pc, despite the decline in export volumes of 3.9 and 3.3pc. This means that higher per-unit price was in play in this case as well.


Former chairman of the Pakistan Fruits and Vegetable Exporters Association Abdul Waheed says $180 million worth of kinnow exports also made a difference.


The Al-Shaheer Corporation, a leading meat exporter, and its subsidiary, Meat One, have given a great boost to exports of beef and mutton, particularly to Gulf countries. The trend continues.


On the poultry side, K&Ns has lately made big strides both in meeting local market requirements and in successfully branching out in the US by making an initial investment of $5 million.


Currently, poultry meat export is not shown separately in the monthly food trade data of the Pakistan Bureau of Statistics. But industry sources say poultry meat is mainly exported to Afghanistan, Central Asia and GCC.


For some time, healthy developments have also been seen on the food import front. Comparing July-February FY14 data with year-ago statistics shows that import volumes of tea remained static at 87,000 tonnes.


Imports of soybean oil slipped 2.4pc to about 35,600 tonnes, and since this happened at a time when prices were low, the import bill declined by a much bigger 20pc to about $37.4 million.


Meanwhile, import volumes of palm oil, at around 1.5m tonnes, also remained more or less unchanged from the year-ago level. And as global palm oil prices were down, import payments shrank by 12.5pc to $1.228 billion. Similarly, imports of pulses, at $186 million, were 22pc lower from the last year, thanks chiefly to higher local output.


All the above-listed factors helped in trimming the overall food import bill by 10pc for 8MFY14.


Edible oil imports have remained static because of increased availability of oilseeds. But the amount of imported tea did not go up, because of smuggling of the beverage into the country under the garb of Afghanistan transit trade, businessmen say.


Food companies have lately been performing well for a variety of reasons, the most notable rising awareness of quality conscious consumers. Stock prices of food companies listed on the KSE rose more than 60pc in 2013.


“If we need to ensure that the growth of food companies translates into higher exports and contributes to food trade surplus, we will have to focus more on exports of value-added food products,” says a senior executive of Shan Food Industries, which exports ready-to-use packaged spices.


“On the other hand, we will also have to work more on import-substitution projects like cultivation of tea in KP, or growing of olive trees in the Potohar region and Balochistan.”


Source:- dawn.com





Seafood Export Crosses 1 Million Tonne

Seafood export from India crossed 1 million tonne for the first time and the earnings crossed $4.5 billion during 2013-14, according to provisional estimates of the Marine Products Export Development Authority [MPEDA].


An increase of $1billion was recorded in just 12 months as exports were $3.5 billion during 2011-12 and 2012-13, a 30% rise.


In Rupee terms, the estimates indicate earnings of Rs 20,000 crore. In 2012-13 India exported 928,215 tonne of seafood, valued at 18,856.26 crore and in 2011-12 these were 862,021 tonne and Rs 16,597.23 crore respectively.


MPEDA now targets earnings of $10 billion by 2020.


This promising performance was due to two major factors - serious fall in the production and export of shrimp from South East Asian countries and the lowering of countervailing duty [CVD] on Indian shrimp in USA.


Production in South East Asian countries had been affected badly due to the spread of a disease called Early Mortality Syndrome [EMS]. Supply from Thailand, world's second largest shrimp producer, dropped around 50% from their normal production size of 500,000 tonne per year. Likewise, other leading producers like Vietnam and Malaysia have been hit badly.


India cashed in on this global situation and enhanced its exports to the South East Asian countries. Processing plants in East Asian countries had to depend on imports from India to meet their commitments with European and US importers.


Countries like Vietnam, China and Thailand imported more shipments from India last year, mainly for re-export.


"Rise in local demand in Korea also caused warming up of global prices," said Anwar Hashim, leading exporter and former president of Seafood Exporters Association of India (SEAI).


Spread of EMS also caused shrimp prices to increase across the world and this in turn helped the steep rise in earnings, he added.


However, USA was the largest market for Indian shrimps in dollar terms as the country imported 51.24% of the total Indian shrimp exports. This was followed by 16.10% to South East Asian countries, 15.82% to EU and 4.94% to Japan.


Increase in the production of Vannamei shrimp, rise in the productivity of Black tiger variety of shrimp and increase in export of chilled items also helped to achieve higher exports, MPEDA said.


Washington had reduced CVD to 'nil duty' [0%] in last September. US had imposed CVD at a rate of 5.85% against India and this affected the export very badly during the last couple of years.


The contribution of cultured shrimp to the total shrimp export is 77.68%. Export of cultured shrimp showed a growth of 32.55% in quantity. Vannamei shrimp also showed tremendous growth to 134,372 tonne from 69,565 tonne, amounting to $1,473.91 million from $540.76 Million compared to 2012-13, MPEDA data said.


Source:- business-standard.com





India's 2013/14 Oilmeal Exports Down 9.8 Pct On Year-Trade Body

India's 2013/14 oilmeal exports dropped nearly 10 percent to 4.33 million tonnes, down for a second straight year as shrinking demand for soymeal and poor domestic supplies curbed sales, a leading trade body said on Monday.


Soymeal exports by Asia's No.1 supplier of the animal feed fell about 18 percent to 2.8 million tonnes, with purchases by Southeast Asian nations dropping 27.5 percent to 2.27 million tonnes over the year ended March 31, data from the Solvent Extractors' Association of India (SEA) showed.


In March, India's soymeal exports fell 26 percent from a year ago to 223,204 tonnes, the data showed.


But overseas soymeal sales were up 21.6 percent on month, the first gain since November, as exports to Iran improved.


Source:- in.reuters.com





No. block assessment if search warrant was issued in joint names to search premises belonging to one

IT: Where authorised officer conducted a search under section 132 at residential premises of assessee and thereupon Assessing Officer framed assessment under section 153A upon assessee, since warrant of authorisation had been issued in joint names of three persons to search a place which belonged to assessee and it was not issued in independent name of assessee, provisions of section 153A were not applicable


Payment of salary by Mitsubishi Head Office to employees seconded to India through LO didn't violate

CL : Where foreign Head Office seconded its employees to Indian Liaison Office and salary was paid by Head Office, Indian Liaison Office could not be said to have violated section 8 of FERA


ITAT approves of stamp duty value of land as report of DVO showed higher market value than stamp dut

IT: Where on basis of report of DVO, fair market value was higher than value adopted by stamp valuation authority, Commissioner (Appeals), rightly upheld action of Assessing Officer in adopting value so adopted by stamp valuation authority as full value of consideration received or accruing as result of transfer for purposes of computing capital gain under section 48


HC upheld demand for interest as it wasn't for provisional period but for post finalization of asses

Excise & Customs : For period prior to amendment of section 18 of Customs Act on 13-7-2006 : (a) no interest can be demanded for period when assessments were provisional; but (b) for period post finalization of assessment, demand of interest under section 28AA is valid


Central Excise Department Mass Promotion Under Ec Scanner

The Central Board of Excise and Customs (CBEC), in an order dated March 31 promoted 110 officers to the grade of assistant commissioners. The order, signed by deputy secretary to the Government of India, Amarjit Singh, reached all of its offices across the country within a couple of days.


A whistleblower from within the department in Karnataka has leaked the said circular along with the list of officers who have been promoted, arguing that the order was passed more than three weeks after the Election Commission (EC) brought into effect the model code of conduct.


He also questions the urgency to promote officers on the last day of the financial year, as formation of a new government is on the cards.


The order, a copy of which is with TOI reads: "The President is pleased to promote the officers mentioned in Annexure-I to the grade of assistant commissioner of CBEC in Pay Band 3 with Grade Pay of Rs 5,400 on purely ad-hoc basis with immediate effect and until further orders."


NR Madhav Prasad Reddy, an activist from Anekal near Bangalore, late on Saturday has filed a complaint with the EC, demanding a probe and further action, if the order violates the code.


The whistleblower's note along with the leaked document reads: (sic) "The order of promotion of 110 Asst. Commissioners of Central Excise all same place (till transfers are decided as per their own policy) signed on 31-03-2014 last day of year end, when election process is underway (not known when proper clearances from the Election Commission has been obtained, even has been obtained what was the urgency in clearing the list when new govt. could have formed and taken a justified decision over the matter)."


While the whistleblower has requested anonymity, Reddy told TOI that there could be "connivance among officers and their higher-ups. As of today I am not aware of such a thing, so I have filed a complaint requesting the EC to see if it violates the code of conduct. But once the elections are over, I will take the matter up with departments concerned, or go ahead legally."Sources in the EC, while confirming that the complaint has been filed, said, the commission will refer the matter to Delhi.


Source:- timesofindia.indiatimes.com





Rupee Trading Weak At 60.15 On Capital Outflows

Paring the morning session gains, the rupee was trading weak at 60.15 against the US currency in the afternoon trade due to weak global market and capital outflows from the domestic equity market.


The domestic unit opened stronger at 59.91 against Friday’s close of 60.10 per dollar due to a higher opening in the equity market and dollar selling by banks and exporters.


The domestic unit strengthened to 59.79 during the morning trade on strong inflows combined with dollar selling and a weak euro. However, weak global market amid capital outflows from the domestic equity market weakened the Indian currency to 60.20 against the greenback.


Japanese Nikkei fell to a one-week low, while world stocks slipped from last week’s six-year high led by a decline in technology shares, reports said.


In addition, the euro was under pressure from expectations that the European Central Bank may undertake an asset purchases programme this year to support the economy, thereby easing policy and pushing down its bond yields.


Call rates, bonds


The overnight call money rate, the interest rate at which banks borrow money from each other to overcome short-term liquidity mismatches, was trading higher at 8.15 per cent from Friday’s close of 7.10 per cent.


The yield on 10-year benchmark 8.83 per cent government bond, maturing in 2023, softened a tad to 9.05 per cent from its previous close of 9.06 per cent. Prices of the security were trading slightly higher at Rs 98.54 from Rs 98.49. Bond prices and yields move in the opposite direction.


Source:- thehindubusinessline.com





Reimbursement of service tax not to be included in gross receipts to compute sec. 44BB presumptive

IT/ILT : Service tax being a statutory liability could not form part of gross receipts for purpose of deemed profit under section 44BB


Sums received in excess of capital account of retiring partner were capital receipts and not busines

IT: Additional amounts paid to retiring partners in excess of the capital account are not in nature of any profit or income; hence not taxable


ITAT approves of proportionate sec. 14A disallowance as assessee's major funds were invested in shar

IT: Where assessee claimed that no expenditure was incurred towards exempt income but it was found that major part of available funds was invested in shares of various companies, proportionate disallowance was called for


HC recalled its order as it was passed without hearing applicant resulting into injustice to him

CL: Where patent error is found in order of Court resulting into injustice to a party by not hearing such party, it is always open to Court to exercise its inherent powers to do complete justice to such party by recalling its own order


CESTAT waives penalty on proprietor concern for reasons of family problem or ignorance of law

Service Tax : Where assessee was a proprietor concern, it is quite possible that proprietor might have missed notification or introduction of new service coupled by family problems; therefore, penalties under sections 76 and 78 was to be waived


Assessee couldn't escape capital gains tax by camouflaging 'deed of dissolution' as 'deed of retirem

IT: Where 'Deed of Dissolution' was disguised as 'Deed of Retirement', capital gains taxability under section 45(4) was attracted


Sunday, 6 April 2014

Interest income is residual income if it has no nexus with business; shall reduce losses from sale o

IT : Where assessee-company was engaged in trading of shares and during year it earned interest from advancing loan to an isolated party and suffered loss in trading of shares and claimed set off of loss against interest income, since interest income/gross total income of assessee was chargeable under head 'income from other sources', Assessing Officer was wrong in treating loss in question as speculation loss in accordance with provision of Explanation to section 73


ITAT denied to recall ex parte order as assessee didn't provide definite reason for not appearing du

IT: Where assessee had failed to show that there was a reasonable cause for non-appearance on date of hearing of appeal, applications filed by assessee for setting aside ex parte order and restoring appeal were to be dismissed


Assessee was liable to pay VAT in Gujarat only as his place of registration and payment also was in

CST & VAT : Though place of payment cannot be only factor for determination of place of sale, however, where it is found that assessee was registered in Gujarat only and could not have made sale within any other State and payment was also received in Gujarat, sale can be regarded as having taken place in Gujarat


Duty On Pta Will Make Synthetic Fabrics Costly

Prices of synthetic fabrics manufactured in the country's biggest man-made fabric (MMF) hub here are set to increase by almost 15 per cent with the central government last week imposing anti-dumping duty on the import of purified teraphthalic acid (PTA) - a raw material to manufacture polyester filament yarn.


The MMF industry in the city contributes to 40 per cent of the nation's synthetic fabric demand by producing around 3 crore metres of fabric every day.


The anti-dumping duty will rein in production of downstream products such as polyester filament yarn, polyester staple fibre and synthetic textiles, industry sources said.


They said PTA imports in the country originate from China, European Union (EU), North Korea and Thailand. PTA is a raw material for the production of polyester chips which in turn are used to produce polyester filament yarn, polyester staple fibre and polyester film. To produce 1kg of polyester staple fibre 0.92kg of PTA is required and to produce 1kg of polyester chips 0.8583 kg of PTA is required.


Industry sources said domestic producers of PTA are acting in an unreasonable manner, which puts additional burden on the user industry. Their sole objective is to earn extra profits on the product by seeking imposition of anti-dumping duty. There is a demand supply mismatch, which according to latest estimates stands at 4,096,952 MT against 3,420,000 MT, they said.


Federation of Indian Art Silk Weaving Industry chairman Arun Jariwala said, "The small spinners in the domestic industry are left with no choice but to purchase PTA from big companies at high rates. The PTA imported from China and European Union is much cheaper. The levy of anti-dumping duty will lead to increase in the prices of polyester yarn and subsequent rise in the prices of synthetic fabrics like saris and dress material."


"We expect the yarn prices to go up by around 10 to 15 per cent in the coming days. Ultimately, the weavers will pass on the price rise to the traders," yarn dealer Rajesh Surana said.


Source:- timesofindia.indiatimes.com





Church spending on religious purposes with no exp. on charitable activities wasn't eligible to sec.

IT: Church spending no money for charitable activity while spending more than 5 per cent of income for religious purpose, would not be entitled for approval under section 80G(5)(vi)


Assessment order held invalid as special audit was directed without an opportunity of being heard to

IT : Where Assessing Officer passed an order under section 142(2A) without giving an opportunity of hearing to assessee and without even considering detailed replies submitted by assessee in response to notice issued earlier, said order being invalid was to be set aside


Sugar Mills Junk Exports Now As Local Market Turns A Sweet Spot

Raw sugar export has become unviable even after export subsidy is included because domestic prices have rallied 24% in the last few weeks. India is likely to re-enter the world market only when global prices increase.


Export contracts have decreased after the rally in domestic prices began in February and peaked in March. Ex-mill prices increased from Rs 25 per kg in February to Rs 32 per kg in April. A range of factors including less pressure on sugar mills to sell sugar as the crushing season is in its closing phase, availability of soft loan from banks as well as production concerns due to El Nino fears along with policy decision is behind the steep increase in prices.


"No new sugar deal is happening as export is not competitive now," said a Mumbai-based exporter. Even after taking the subsidy into consideration, the realisation from raw sugar export for mills is Rs 27.50 per kg while tenders for sale in domestic market ex-Kolhapur are quoting Rs 32 per kg. The physical shipment of earlier deals will go on till the rainy season sets in June, when transportation becomes difficult.


In the current sugar year from October 2013 to November 2014, India has exported about 19 lakh tonne including about 8.5 lakh tonne of raw sugar, said industry sources. The total shipment in the current season are expected to be 25 lakh tonne, of which the raw sugar export is expected to be 11 lakh tonne to 12 lakh tonne.


The year 2013-14 is set to be the fifth consecutive year of surplus production. Ex-mill prices in India, which were about Rs 31 per kg in February 2013, fell to Rs 28 per kg when crushing began in November and crashed to Rs 25 per kg in February. The Central government announced a subsidy of Rs 3,300 per tonne for raw sugar export and interest-free soft loan to enable mills pay farmers.


Abinash Verma, director general of Indian Sugar Mills Association ( ISMA), said, "If world raw sugar prices increase beyond 18 cents per pound, India can re-enter the world market." Currently raw futures are trading at about 17 cents. The global price trend is expected to become clear once Brazil begins crushing this month.


Meanwhile, the Maharashtra State Co-operative Bank, the apex co-operative bank in the state and prime lender to co-operative sugar mills, has increased its valuation of sugar. This will make more liquidity available to mills, which are still crushing sugar.


"Based on sugar prices of the past three months, we have increased valuation to Rs 2,585 per quintal from April 1 from earlier Rs 2,540 per quintal," said Pramod Karnad, managing director, MSC Bank.


Source:- economictimes.indiatimes.com





Iron Ore Imports May Rise In Fy15 Amid Sedate Global Prices

After plunging to a near five year low, iron ore imports in the country could see some traction in the current fiscal following a sharp correction in global prices and recent appreciation in rupee.


Iron ore imports, which had seen record rise in 2012-13 following the mining ban in Karnataka, declined to 4,20,000 tonne in the first 11 months of 2013-14 from 3.05 million tonne (MT) in the previous financial year, a drop of 86.2%.


"Going ahead in 2014-15, this figure should go up to 0.5-0.8 million tonne in 2014-15. This is excluding pig iron or sponge iron" Prakash Duvvuri, head of research at OreTeam, a Delhi-based iron ore research firm said.


Iron ore prices are down 17.5% since the start of the year due to slowing Chinese economy and slackening demand for ore from its steel industry. Average CFR China ore price corrected to $114.82 in March from $134.19 in December. Huge ramp-up in ore production at Australia is likely to further reduce prices to double digit level in the current fiscal. Besides, rupee strengthening to 60 against dollar in recent times from 62 in the beginning of March may help push up ore imports.


"Imports should increase in the coming years but not sharply in 2014-15 because the expansion plans of the steel mills (which normally import) are still going slow and the running capacities of the same mills are less than 75%," Duvvuri said.


"Definitely there is an advantage for the port-based mills to secure raw material from imports rather than domestic market as global prices have dropped to $115-118 levels and rupee has inched up to 60-61 against the dollar. There is a probability that rupee may even appreciate to 57-59 in the coming weeks," Duvvuri added.


In the domestic market although mining has resumed in Karnataka, mines are not producing sufficient ore to meet the overall requirement of local steel producers. "Iron ore lump production has substantially decreased as compared to earlier, which could also be a reason for companies to look at imports," HC Daga president of Federation of Indian Mineral Industries told dna. He stressed that India has enough resources to meet requirement of domestic steelmakers but due to mining ban they had to face severe shortage.


Some of the ports such as Kandla, Mundra, Dharamtar, Paradip are used for importing ore. Lumps are mainly imported from Anglo (South Africa) and pellets from Vale (Oman/Brazil), Rio (Canada), Metinvest & Ferrexpo (Ukraine).


Welspun Maxsteel, now a part of Welspun Infrastructure (after the demerger with Welspun Corp) has been procuring iron ore pellets from Brazil and Oman. The company needs high quality pellets for its directed reduced iron (DRI) plant situated in Salav village at Raigad district of Maharashtra.


Prakash Tatia, president-marketing and raw material procurement at Welspun Maxsteel said that it was quite likely that ore import could go up, but he quickly added that as a buyer they do prefer to purchase ore from local market. He stressed that due to improved availability of pellets in Indian market, imports may not go up sharply.


Ashima Tyagi, senior consultant with Infraline Research said that improved availability of iron ore in local market might also be the factor that is stopping steelmakers from taking advantage of global price correction.


Mining ban is now likely to be lifted from Goa as well, which would improve the availability of ore, although Goa mainly produces low quality ore of 54%Fe. Improved availability of pellets due to imposition of 5% export duty on pellet may also deter steelmaker from imports.


However, there is significant quality difference between pellet quality of India and other countries, claimed Duvvuri. "In India, there are very few pellet producers who can produce over 63+% Fe pellets. The pellets available from VALE (Oman/Brazil) are of good grade 64-65% Fe. Ukraine & Canada supply nearly similar grades."


Source:- dnaindia.com





Gold Imports May Hit 10-Month High In March

India’s gold imports in March are estimated to have risen to nearly 50 tonnes, the most since the Reserve Bank of India’s (RBI’s) import curbs came into force in May last year. According to analysts tracking gold, this surge could have been mainly due to high imports during the last week of the month.


With the yellow metal’s prices moderating and amid expectations that the curbs might be relaxed, market players believe gold imports would stay high for some time.


The precious metal is understood to have arrived in large quantities through official channels, including direct import by export-oriented units, in the last week of March. The rise in flow could have also been because the five banks allowed to import gold have become more active in the business.


On Monday, RBI Governor Raghuram Rajan’s comments hinting at some relaxation in gold import curbs, besides an increased flow of imported gold, helped cool spot market premiums for delivery to $35 an ounce from $45-50 a week earlier.


According to some experts, currency movements have also helped bring down gold prices. T Gnanasekar, director at Commtrendz Research & Fund Management, says: “Domestic gold prices are under pressure due to a falling rupee. The Indian currency is seen appreciating in the coming quarters. The government, now more comfortable on the current account deficit front, could keep the duties intact but remove the conditional export clause. Imports will improve if such a decision is taken before Akshaya Tritiya”.


On May 13 last year, the RBI had first asked banks not to import gold on a consignment basis, as imports had surged significantly in the preceding weeks. The import pressure was such that 300 tonnes of gold had been brought into the country in less than two months. This was followed by rules that linked imports with exports — under the 80:20 rule, 20 per cent of imported gold was asked to be exported, while the remaining 80 per cent could be for the domestic market. Along with a 10.3 per cent import duty, these measures significantly brought down gold imports through official channels — even to a virtual halt, as there were certain ambiguities in the rules. Later, imports came down to 51 tonnes in the December quarter.


In the March quarter, however, the imports are expected to be double those in the previous quarter.Besides, the imports of the metal could further rise, as demand is likely to surge around Akshaya Tritiya (May 2), considered an auspicious occasion to buy gold. This demand might only get a boost from low prices in the domestic market.


The price of gold has come down to under Rs 29,000 per 10 grammes, compared with Rs 31,000 a fortnight ago. Standard gold price in Mumbai’s spot market, Zaveri Bazar, closed at Rs 28,950 per 10 g on Saturday.


Source:- business-standard.com





Self-Certification For Bar-Coding For Drug Firms Launched

The government has introduced self-certification for bar coding of secondary and tertiary level packaging of drugs in order to simply the export procedures.


A barcode helps in tracking and tracing the origin of drugs which in turn helps in minimising chances of genuine drugs being considered spurious, sub-standard or counterfeit.


"A self-certification process on compliance of bar-coding requirement on secondary and tertiary level packaging of pharmaceuticals and drugs has been introduced. This will be effective from April, 1 2014," the Directorate General of Foreign Trade (DGFT) has said in a public notice.


The government had asked pharmaceutical companies to build track and trace capability for their exported medicines using barcode technology at three levels of packaging, primary, secondary (like packets) and tertiary (shipper or carton).


Primary level packaging is the first-level product packaging such as bottle, can, jar, tube that contains the item sold.


DGFT said that in this process, an exporter would be required to furnish a written declaration to custom authorities at the time of export regarding compliance of the relevant provisions of bar-coding on secondary and tertiary level packaging on the consignment.


India exports over $10 billion worth of drugs annually. The government wants to increase that figure manifold in the next few years. There is a big market for generics in the developed world.


Industry experts say the only way Indian pharma firms can tap the market is by ensuring quality, and barcoding will help ensure that.


Source:- profit.ndtv.com





Rupee Opens Higher At 59.91 Against Dollar

The Indian rupee on Monday opened higher at 59.91 per dollar against its Friday’s close of 60.09, tracking gains in major Asian currencies.


The Malaysian ringgit was trading up 0.38%, Indonesian rupiah rose 0.17%, Taiwan dollar was up 0.15%, while the Philippines peso jumped 0.15%.

Since the beginning of this year, the rupee has gained 3.37%, while foreign institutional investors have bought $4.42 billion from local equity markets.


The yield on India’s 10-year benchmark bond was trading at 9.055%, compared with its Friday’s close of 9.067%. Bond yields and prices move in opposite directions.

The dollar index, which measures the US currency’s strength against major currencies, was trading at 80.435, up 0.01% from its previous close of 80.423.\


At 9.09am, the rupee was trading at 59.80 per dollar, up 0.47% from its previous close, while India’s equity benchmark Sensex index was trading flat at 22,355.56 points on BSE.


India’s 15th Lok Sabha elections starts on Monday, with the first day of voting in six parliamentary constituencies in the northeastern states of Assam and Tripura. General election to be held in nine phases on April 7, 9, 10, 12, 17, 24, 30, May 7 and 12. The results will be announced on 16 May.


Source:- livemint.com





HC remands back as Tribunal's order simply relied on another judgment without considering facts of c

Service Tax : When Tribunal, without application of mind and without considering facts involved, has rendered judgment by following another judgment, such judgment has to be set aside and remanded back for consideration afresh


CCI approves of combination of steel Mfg. cos as it would not have significant impact on competition

Competition Law : Where informant-UGSL sought for approval of proposed combination relating to its amalgamation with SUSPL and market share of UGSL in steel products was insignificant, proposed combination was not likely to have appreciable adverse effect on competition in India and same was to be approved


No withholding from sum paid to NR agent who was assisting to win a contract to be carried outside I

IT/ILT: Where assessee entered into a contract with an agent in foreign country who did not have PE in India, payment made to agent cannot be construed as income accrued in India


Saturday, 5 April 2014

Full depreciation allowed on structure constructed on leasehold land as it was demolished on expiry

IT/AAA : Where assessee to run its milk parlour put up structure on leasehold land and in next year because of non renewal of agreement entered between assessee and land owner said structure was demolished, expenditure incurred on construction of structure was allowable as revenue expenditure


Services availed by manufacturer of iron at its coal mine to manufacture iron were eligible as input

Cenvat Credit : Services availed by manufacture of iron at its coal mines for obtaining coal to be used in manufacture, are eligible for credit as 'input services', as they are services in relation to procurement of inputs


No withholding tax on freight paid to German Co. as it wasn't taxable as per Article 8 of India-Germ

IT : In terms of article 8 of India Germany DTAA, assessee was not required to deduct tax at source on freight payments made to German carrier in respect of export of goods, - However, payments to Indian agents of German carrier otherwise than on account of airfreight payable to their principal are open to deduction at source under section 194C


RBI confers power to its regional offices for compounding of certain offences under FEMA

FEMA/ILT : Foreign Exchange (Compounding Proceedings) Rules, 2000 - Compounding of Contraventions Under Fema, 1999


Exp. on traffic signals to ensure timely presence of employees in office was allowable under sec. 37

IT/AAA : Where consequent to introduction of Demat scheme, assessee-company paid one time custody charges to NSDL on behalf of its shareholders, expenditure so incurred was to be allowed as deduction under section 37(1)


Beneficial ownership of assets is sufficient to claim depreciation even if it's not followed by regi

IT/AAA : Where in terms of order of Governor of Rajasthan all assets and liabilities of a Government concern were transferred and incorporated in books of assessee-society, since assessee-society was actually using assets in its own right as an owner on and from date of order of Governor, it was entitled to depreciation on assets so transferred


In absence of change in facts international transaction held at ALP by ITAT relying on its earlier o

IT/ILT : Where Tribunal in assessee's own case relating to earlier assessment year accepted profit sharing ratio of 50:50 both on payments made by assessee and receipts of freight from its AEs and thereby concluded that said international transactions relating to receipt/payment of freight were at arm's length price, in absence of any change in circumstances, order so passed was to be confirmed in relevant assessment years as well


Financial statements, Audit and Board report for FY 2014-15 onwards shall follow Companies Act, 2013

COMPANIES ACT, 2013 : Commencement of Provisions of The Companies Act 2013 With Regard to Maintenance of Books of Accounts and Preparations/Adoption/Filing of Financial Statements, Auditors Report, Boad's Report and Attachments to Such Statements and Reports - Applicability With Regard to Relevant Financial Year


No sec. 10(23C) relief to Govt. approved educational unit if it was not funded by Govt.

IT : Where assessee-institute which was approved as Government autonomous body for educational purpose was not wholly or substantially financed by Government during year under consideration, exemption claimed under section 10(23C) (iiiab) could not be allowed


Department can't penalize assessee with demand to recover excess credit claimed by service recipient

Service Tax : Department cannot raised demand against assessee merely because of excess credit having been taken by service recipient


HC denied to consider ‘finance lease’ as a lease transaction due to some contradictory terms in leas

IT: High Court denied to treat lease transaction as 'Finance Lease' due to some questionable terms in lease agreement


No sec. 40A(3) disallowance if payment by cheque could delay supply of essentials and could affect b

IT : Where principal company insisted that on payment by cheque supply would be delayed, cash payment made by agent in bank account of principal had to be allowed


Pendency of normal proceedings don't bar CIT to initiate criminal proceeding against principal offic

IT : Pendency of proceedings under section 201(1) and 201(1A) cannot act as a bar to institution and continuance of criminal prosecution for offences punishable under section 276B


Speaking order is must to finalize an assessment if bill of entry was finally assessed differently f

Excise & Customs: Where Bills of entry are being finally assessed differently from that claimed by importer, principles of natural justice including a speaking order are mandatory


Friday, 4 April 2014

Exemption denied to a trust as construction of commercial building wasn't in its object clause

IT : Where assessee, a charitable trust, claimed exemption under section 11, since funds received by assessee by way of donation had been utilized for construction of commercial building and none of clauses of trust provided for construction of building for charitable activities, it was not eligible for exemption under section 11


HC directs AO to await the finding of larger bench of SC on levy of surcharge in block assessment

IT: Where Assessing Officer in block assessment proceedings levied surcharge under section 113 upon assessee and Tribunal deleted same, order passed by Assessing Officer deserved to be restored with a direction to him to await decision of larger Bench of Supreme Court on a similar issue and to give effect to order only after decision of larger Bench of Supreme Court