Monday, 19 May 2014

Thai Gold Imports Plunge Amid Political Deadlock

Gold shipments to Southeast Asia’s biggest consumer are forecast to contract by as much as half this year, a sign the unprecedented Asian demand that helped stem last year’s rout in prices is weakening.


Thailand’s purchases may be 150 to 200 metric tons because of falling prices and the country’s political crisis, according to YLG Bullion International Co., the largest local importer. They fell 78 percent in the first quarter from a year earlier and totaled 314 tons in 2013, valued at about $13 billion.


Consumption across Asia reached a record in 2013 even as some investors in the U.S. and Europe lost their faith in bullion as a store of value. Prices snapped a 12-year bull market, the longest in at least nine decades. Holdings in exchange-traded products backed by gold are contracting and Goldman Sachs Group Inc. says prices will keep retreating.


“Investors have a reduced appetite for gold as prices are expected to fall further this year, while returns are much lower than investing in equities,” Pawan Nawawattanasub, the chief executive officer of YLG, said in a May 7 interview in Bangkok. “As the local economy becomes sluggish amid the political uncertainty, and with the downward trend in gold prices, people would rather save money than spend it.”


Gold rose as much as 15 percent this year, before paring about half those gains. Bullion traded at $1,295.24 an ounce today, for an annual advance of 7.8 percent. The metal slumped 28 percent in 2013, the biggest annual loss since 1981. The Standard & Poor’s 500 Index reached a record this month, while Stoxx Europe 600 Index advanced to the highest since 2008.


Gold consumption in Thailand, the biggest user in Asia after China and India, expanded 73 percent to 140.1 tons last year, according to World Gold Council data. Imports were higher than local consumption in 2013 as some bullion was re-exported, including jewelry.


World consumer demand rose 21 percent to 3,864 tons in 2013 as usage in China, the largest, surged 32 percent to 1,065.8 tons, an all-time high. Across Asian countries tracked by the council, including India, China, Japan and Southeast Asia, consumption expanded 25 percent to 2,434 tons.


Demand in China in 2014 may drop to the 2012 level, Dick Poon, the general manager at Heraeus Metals Hong Kong Ltd., said in a May 8 interview. Sales at Hong Kong jewelers fell about 30 percent from a year earlier during the Golden Week break that began May 1, according to Haywood Cheung, president of the Chinese Gold & Silver Exchange Society. Demand last year was special after prices slumped into a bear market, he said.


Imports by India, the second-largest consumer, may total 650 tons to 700 tons in the 12 months started April 1 from 650 tons a year earlier, Rajesh Khosla, the managing director of MMTC-PAMP India Pvt., the country’s biggest refiner, said last month. The government will probably keep some form of curbs on imports after the elections to control the current account deficit and defend the rupee, he said in an interview.


Thailand has had a caretaker administration since December amid a multi-year tussle between rival groups over control of the government. The deadlock, marked by violent street clashes, has caused consumer confidence to slump to an almost 13-year low, and credit-rating companies warned that prolonged unrest threatens to damage an already fragile economy.


The crisis has crippled many of the main economic drivers, hurting private consumption and tourism. Data from the government today showed the economy shrank 2.1 percent in the first quarter from the previous three months.


While the political impasse makes it hard for businesses to make investment decisions, consumers still seem to have a positive view on the gold price, said Victor Thianpiriya, a commodity strategist at Australia & New Zealand Banking Group Ltd. in Singapore.


Imports of bullion nearly doubled to 10.6 tons in March from February, according to the data from the Ministry of Commerce. That may mean demand is starting to improve, Thianpiriya wrote in an e-mail.


“The sharp increase in gold buying last year is a clear indication of the demand response to lower prices,” Thianpiriya said. While prices continued to drop, hurting confidence in gold as an investment, Asia demand isn’t temporary and will continue to support prices, he said.


Thai consumption may drop this year to the 2012 total of about 80 tons, Albert Cheng, the WGC’s Far East managing director, said in an e-mail. Purchases will extend declines as long as India continues to impose high import taxes designed to curb inflows of goods such as jewelry from Thailand, he said.


India raised tariffs on overseas bullion three times last year, and tightened financing to rein in a record current-account deficit and defend the rupee. The government also increased the import tax on gold jewelry.


Bullion prices will extend losses as the U.S. Federal Reserve trims its stimulus program, according to Goldman Sachs. The metal will drop to $1,195 in three months and $1,050 in a year, the New York-based bank said in a May 13 report.


Holdings in the SPDR Gold Trust, the largest bullion-backed ETP, dropped to 780.46 metric tons on May 12, the lowest level since January 2009, data compiled by Bloomberg show. The assets fell 41 percent last year.


The number of Thai investors trading gold is significantly lower this year as many still hold bullion bought last year, said Pawan, who last year correctly estimated imports of more than 300 tons. Local demand this year is mainly driven by consumers buying necklaces and small-sized bars, she said.


“If prices continue on a downward trend, gold demand will remain slow,” Pawan said. “We could see investors returning into the market, building up positions, if prices fall to $1,100.”


Source:- businessweek.com





Temporary Closure Of Odisha Iron-Ore Mines To Hike Indian Import Dependency

India’s Supreme Court order temporarily shutting down almost half of the iron-ore-producing mines in Odisha, which was issued last Friday, was expected to trigger a sharp rise in imports of the resource, reversing the current falling trend.


The Supreme Court order closing down 26 mines across the province followed its previous verdict that mines under ‘deemed second or subsequent renewal’ had been operating illegally.


The closure of the mines would bring down iron-ore production from Odisha by about 40-million tonnes a year. The court order would entail a halt in operations of six of Tata Steel's mines, two of Steel Authority of India Limited (SAIL), two of Orissa Mining Corporation and one of Aditya Birla Group subsidiary, Essel Mining.


In 2013/14, the eastern Indian coastal province produced an estimated 70-million tonnes of iron-ore from 56 operational mines.


According to Tata Steel and Federation of Indian Mineral Industries, the court order would seriously impact supply of raw material for the steel industry, both in terms of availability and prices, with several steel plants in the province dependent on iron-ore from the region forced to resort to high-cost imports of iron-ore.


The fall in domestic supplies and forced import dependency would also reverse the current falling trend in iron-ore imports.


During 2013/14 Indian imports of iron-ore fell to a five-year low at 420 000 t, down 86% over the previous year when imports had touched 3.05-million tonnes.


Over the last one year, higher availability from domestic mines and steadily falling international prices had resulted in an average $11/t fall in the local price of iron-ore lumps and a $6/t average fall in the local price of high-grade fines (iron content 63.5% and above).


However, according to FIMI, the trend would be reversed following the closure of mines in Odisha.


According to analysts, Tata Steel and SAIL, two of the country’s largest steel producers, would be most impacted by the mines closure. Tata Steel would have one lease still valid in the province, which would produce a maximum of 1.2-million tonnes a year, while SAIL would have two valid leases with maximum production capacity of 3-million tonnes a year.


Tata Steel, with domestic production capacity of about 10-million tonnes a year, sourced an estimated 75% of its ore requirement from captive mines in Odisha. While no information was available of the company’s existing inventory of the raw material, analysts said that the steel producer would have to source ore from open market auctions within the country and also resort to imports.


To curb illegal mining, the Supreme Court imposed a ban on mining in the southern province of Karnataka and in Goa, on the western coast. The ban on mining in these two regions slashed Indian iron-ore exports by 85% pushing India down to tenth slot from third on the list of the largest ore-exporting countries.


The court lifted the ban on mining in Goa on April 22, following a similar move in Karnataka earlier. But mining operations in these two producing regions were yet to get back on the rails.


Source:- miningweekly.com





ESIC couldn't go against rehab scheme framed by BIFR to deny waiver of damages payable by petitioner

CL: Where BIFR sanctioned scheme for rehabilitation and scheduled payment due to ESIC, ESIC could not later on raise demand of interest due


No sec. 68 additions on receipt of loan from father when his credibility to pay loan was proved

IT: Where assessee had entered into an agreement for sale and it was clear from facts that assessee had understated transaction and consideration had been passed over and above what had been stated, Assessing Officer rightly accepted value adopted for stamp duty as sale consideration and made addition under section 69B


Industrial cables with capacity of 11,00 volts are liable to VAT at 5% as per Delhi VAT Act

CST & VAT : Where assessee was engaged in manufacture of industrial cables having capacity of 1100 volts, said cables were classifiable under Entry No. 40 of Schedule III of Delhi Value Added Tax Act, 2004 and thus attracting rate of tax at 5 per cent


Cutting and polishing of diamond amounts to ‘manufacture’ for purposes of sec. 80-IC deductions

IT: Cutting and polishing of diamond amounts to manufacturing or production of article or thing and, therefore, an assessee, engaged in said activity, is entitled to claim deduction under section 80-IC


Payment to NR assisting in overseas shoot was subject to Article 14 of Indo-Thai DTAA; not taxable i

IT/ILT: Payment made for shoot carried out abroad to a foreign company which has no Permanent Establishment (PE) in India, is not taxable in India as per Indo-Thailand DTAA


Levy of service tax on services in restaurant is valid

Service Tax : Article 366(29)(f) enabling levy of VAT on 'deemed sale' of food, etc. cannot bar imposition of service tax on service rendered by a restaurant; hence, imposition of service tax on service element in restaurant transactions was valid but pleas of double taxation was not considered, as same was not raised by assessee


SAT deleted penalty for not closing trading window prior to board meeting as AO didn’t assert any vi

SEBI: Where Adjudicating Officer imposed penalty upon appellant-company for not closing trading window prior to board meeting of appellant-company, in view of fact that in impugned order on one side it was held that Compliance Officer was liable for not closing trading window and, on other hand it was held that Compliance Officer had not violated any of regulations, impugned order making appellant company liable for not closing trading window could not be sustained


Case remanded to AO as he had made additions for undisclosed income without verifying facts

IT: Matter remanded since addition as undisclosed income was subject to ascertainment of facts on proper verification by Assessing Officer


Sunday, 18 May 2014

Cenvat credit couldn’t be denied to assessee because service provider did not pay taxes to Governmen

Cenvat Credit : Non-payment of Service Tax liability by service provider to Government, prima facie, cannot be held a ground for denial of credit at end of assessee when assessee has paid entire invoice amount to service provider


HC slams AO for invoking sec. 50B when slump sale was effected prior to introduction of such provisi

IT: Where a company 'S' took over business of assessee-company prior to 1-4-2000 and thereupon assessee received an amount of Rs. 4.50 crores from 'S' and it had bifurcated said amount towards trade mark and technical know-how, copyright and non compete compensation, in given situation it was a case of slump sale and since sale had taken place prior to introduction of section 50B, above amount could not be subjected to tax in hands of assessee under head 'capital gain


Textile Sector Add Value And Don’T Hint At A Bailout, Says Govt

In view of power shortages and the Pakistan rupee’s appreciation against the dollar, the textile industry has demanded that the government must do ‘something’ to avoid an industry-wide shutdown.


All Pakistan Textile Mills Association (Aptma) – country’s biggest lobbying group of textile sector – has published advertisements in newspapers, reminding the government about the contribution of the industry and the problems of power outages especially in Punjab. About two weeks ago, Aptma urged the government to provide rebate to textile exporters whose profits have shrunk since January due to the rupee appreciation.


Aptma believes its demands are not tantamount to an effective bailout.“No, this is not a bailout demand. We want the government to supply proper electricity and gas to textile industries which is our right,” Aptma Chairman Yasin Siddik told The Express Tribune.


Commerce Minister Khurram Dastgir, on his visit to Aptma House two weeks ago, floated questions like what should be the level of government interference in the textile sector and what should it do to increase value addition. His point of government’s interference was directed towards the old rivalry between cotton yarn and fabric producers and the producers of finished garments and other value-added products.


Many economists believe the government should not be in the business of doling out favours to one sector of the economy at the cost of another. The commerce minister’s stress was exactly on this same point when he made it clear that the government was not in a position to give out subsidies or rebates to the textile sector.


Dastgir pointed out that the experiences of previous Pakistani governments’ show that most of the time subsidies went in to the pockets of those who did not need them while the deserving failed to get their due share.


Federal Minister for Textile Industry Abbas Khan Afridi has recently spoken in favour of finished textile goods exporters and said that he has urged the government to facilitate this sector in the upcoming budget.


When contacted, Afridi was not available for comment. Same was the case for Dastgir.On the other hand, Siddik said that he supported the textile minister’s view on finished goods producers and wanted to see growth in its exports.


“The whole textile chain should get some support especially the value-added textile sector,” Siddik said, while commenting on whether the government should extend a helping hand or not.


Pakistan is far behind its competitors like India, China and Bangladesh in producing finished textile products. There are over 950 textile items that are traded worldwide. Out of those Pakistan exports only 13 items despite having a complete textile chain that its competitors lack. Still, the textile minister believes that this could be raised to 100 items with some value-addition.


The share of the finished knitted and woven garments in Pakistan’s textile exports remained almost the same over a decade as garment exports contributed 29.2% in the total textile exports of $12.3 billion in fiscal year 2012, virtually unchanged from the 29% in FY02. In FY13, it rose slightly to 29.53% of the total textile exports.


Despite the gloomy performance, the present government believes that it should give highly subsidised loans and concessions in import duties on textile machines to spur investment in the sector.


However, it is quite clear that a lot depends upon the private sector to meet requirements of the EU’s 27 conventions to increase exports under the GSP Plus scheme.


Source:- tribune.com.pk





Sec. 10A deduction to be allowed before setting off losses and depreciation of non-eligible business

IT : Deduction under section 10A has to be allowed before setting off unabsorbed loss and depreciation of non-eligible business unit of assessee


Progress On $1.6Bn Six Lng Carriers Brightens Nigeria’S Export Prospect

With the ongoing construction of six additional liquefied natural gas (LNG) ships for the Nigeria LNG Limited (NLNG) expected to be concluded by the end of 2016, Nigeria’s effort to consolidate its position as one of the largest exporters of LNG in the world is taking shape.


Steel cutting on the first of the project’s LNG carriers took place on April 25, 2014 at Samsung Heavy Industries’ (SHI) Geoje shipyard in South Korea, according to Braemar Engineering, the specialist maritime engineering consultancy appointed to act as shipping consultants to Bonny Gas Transport Limited (BGT), the wholly-owned subsidiary of NLNG responsible for transporting NLNG’s output over the Atlantic to Europe and the Americas.


Braemar Engineering will oversee the building of the six LNG carriers, from design to delivery, with completion of the project anticipated at the end of 2016.


NLNG had in 2012 said it would seek funding to expand its shipping subsidiary BGT, which currently has 24 LNG ships. Last year, BGT ordered six new vessels at the cost of $1.6 billion from both Hyundai Heavy Industries (HHI) and SHI to boost its shipping capacity. Four of the vessels are being built by Samsung and two by Hyundai.


“The inception of this project began nearly 12 months ago, and we are pleased to now be in a position to make details known to the marketplace,” Geoff Green, chief executive officer, Braemar Engineering, said last week.


“This project is the fusion of Braemar Engineering’s expertise in the LNG sector with Nigeria LNG’s core values of integrity, teamwork, excellence and caring for people to create a long-term partnership offering benefits to both the industry and to the Nigerian community,” he said.


NLNG Limited, which recently exported its 3,000th cargo of LNG from its Bonny Island terminal, is planning to expand plant capacity by 40 percent by building a new production line at a cost of around $15 billion. The company plans to refurbish existing plants as it seeks to produce around 40 million tonnes of LNG each year in the foreseeable future.


“NLNG intends to consolidate its position as one of the largest producers and exporters of LNG in the world, maintaining its position as a major and strategic supplier. Currently, NLNG delivers some 8 percent of the world’s LNG supply,” the company said in its ‘Facts and Figures on NLNG 2013’.


Already, the shale gas boom in the United States (US) has impacted on the country’s LNG exports as imports of LNG from the US have dropped significantly.


Industry analysts have said that Nigeria’s share of the LNG market could significantly fall as the increasing availability of LNG from US and East Africa reaches into the Asian region, the top destination for the fuel, stressing the need for Nigeria to intensify efforts to attract long-term buyers.


Emeka Duruigbo, oil and gas professor, Thurgood Marshall School of Law, United States, who was in Nigeria recently, told BusinessDay that with the shale gas revolution occurring in the US right now, Nigeria was almost disappearing from the radar, such that it might not even get any supply orders from the US.


“But Nigerian gas will still be needed, but it means it has to start looking for new markets, get closer to China, India, all these emerging economies that need more energy, but that’s more work and some of those people may not have the purchasing power the way the US has to pay and so Nigeria may have to start selling at a discount,” he said.


In fulfilment of Nigerian Content Development activities agreed between BGT and HHI as contained in the contract for the construction of two new LNG carriers for BGT, 180 Nigerians would be trained in different aspects of ship building and construction, said NLNG, adding that of the 180 technicians travelling to South Korea for the three-month programme, the best 28 would remain to join in the construction of the six new vessels.


NLNG has long-term supply contracts with buyers in Italy, Spain, Turkey, Portugal and France and also sells on-the-spot market to buyers in Japan and South Korea, among others.


Nigeria, Africa’s top oil producer and world’s fifth biggest LNG exporter, currently has LNG production capacity of 22 million metric tonnes per annum (mtpa) and is expected to ramp up when a seventh train comes on stream. The Train 7, which is still awaiting final investment decision (FID) by the stakeholders, is expected to lift the total production capacity to 30 mtpa.


The country holds the largest natural gas reserves in Africa but has limited infrastructure in place to develop the sector. Uncertainties in Nigeria’s investment policies and regulatory framework are said to have caused a slowdown in oil and gas exploration activity and delays in project development, including LNG projects.


Nigeria, which is home to the world’s ninth biggest gas reserves and one of the world’s largest LNG export terminals, in 1989 established the NLNG to harness the nation’s vast natural gas resources and produce LNG and natural gas liquids for export.


Source:- businessdayonline.com





India Inc's Q4 Earnings Fuel Recovery Hopes

INDIA Inc’s earnings for the March quarter appear to be in recovery mode, with bottomline growth better than the past three quarters as companies benefited from lower input costs and slower rise in interest expenses.


Net profits for a sample of 763 companies (excluding banks and financial institutions) were up 57.35% y-o-y compared to the 19.59% rise seen in the third quarter of FY14. However, the bottomline was boosted by exceptional items that led to a sharp rise in net profit at Tata Steel and Adani Power, excluding which net profit growth moderates to 18.37% – still the best in the last four quarters.


Tata Steel's net profit in the March quarter stood at R1,036 crore compared to a loss of Rs 6,529 crore in Q4FY13 on account of exceptional charges related to impairment recognition on some of its steel assets in Europe and Thailand. Similarly, Adani Power, which recognised R1,842 crore of revenues in view of the CERC order granting compensatory tariff, also reported a profit of R2,850 crore compared to a loss of R426.57 crore in the corresponding quarter of the previous fiscal.


The bottomlines seem to have received support from lower tax expenses reported by corporate India, which fell 10.60% on account of several companies writing back additional taxes they paid earlier. Also, interest costs as a percentage of operating profit at 18.42% stood at the lowest in last six quarters while raw material costs as a percentage of net sales were the lowest in last three quarters at 46.75%.


However, earnings still continue to be driven by export-oriented companies with four IT majors —TCS, Infosys, Wipro and HCL Technologies — together reporting 47.7% growth in net profit. Excluding them, along with Tata Steel and Adani Power from the sample, net profit growth declines to 11.01%.


Tech Mahindra, just like its software counterparts, delivered a strong performance with revenues rising 34.3% y-o-y and Ebitda increasing 39% on the back of 70-bps y-o-y improvement in operating margin.


Sales growth, which recovered to 15.31% from 12-13% in the preceding quarter, remained subdued due to the overall slowdown.


With retail inflation steadily remaining over 8%, urban consumers continued to remain tight-fisted. While Asian Paints outperformed expectations with domestic


volume growth of around 15% led by higher growth in tier-2 and tier- 3 cities, Nestle India registered subdued revenue growth, with domestic sales growing at 3.4%, the lowest in a decade. Similarly, though Bajaj Auto benefited from rupee depreciation, total volume declined 4.6% y-o-y with domestic bike sales falling 11% y-o-y, with revenue growth of 4%.


The fall in input costs remains the only saving grace for the majority of firms. Emami benefited from lower raw material prices that resulted in gross margins improving by 790 bps y-o-y even as its domestic volumes declined 10% due to seasonality and de-stocking of distributor inventory. ABB did well on containing costs with operating margin improving 150 bps y-o-y to 6.94%, the highest in the last 16 quarters, but revenues fell 7.2% on account of delayed offtake by customers.


Though some large infrastructure-related players showed strong earnings, smaller infra firms continued to struggle due to falling revenues and rising interest costs. Tata Steel reported robust 14.7% y-o-y growth in consolidated operating profit to R5,011 crore led by its domestic operations, which recorded the highest-


On the other hand, Gammon India's revenues fell 30% y-o-y while interest costs rose 21.66%, widening its net loss to R173.6 crore from R125 crore in the March quarter. NCC too reported an 11% fall in operating profit while interest costs rose 21.1% y-o-y. Though Adani Power reported a near six-fold jump in Ebitda, finance costs rose 22% y-o-y to R1,165 crore while total gross debt stood at R39,768 crore, up 5.73% y-o-y.


Tech Mahindra's management has given guidance for a positive demand outlook with no dramatic changes in client budgets, but the ABB management highlighted that while some uptick was seen in the metals industry, overall industry scenario remains sluggish.


The poor industrial growth numbers — IIP growth for fy14 was -0.1%, first-ever contraction since 1981 — suggest earnings growth will pick up meaningfully only gradually.


Source:- financialexpress.com





Provisional Anti-Dumping Duty Imposed On Phenol Imports From Us, Chinese Taipei

The Finance Ministry has imposed provisional anti-dumping duty on all phenol imports from the US and Chinese Taipei.The provisional anti-dumping duty will be valid for six months and has been levied based on the recommendations of the designated authority in the commerce ministry.


Hindustan Organic Chemicals Ltd (HOCL) had filed the petition seeking anti-dumping duty on phenol imports from the US and Chinese Taipei.


In the case of Chinese Taipei, the anti-dumping duty levied by the revenue department ranged from $ 46.07 per tonne to $ 193.9 per tonne depending on the exporter.


The revenue department has imposed an anti-dumping duty of $146.09 per tonne on all producers and exporters of phenol from the US.


Phenol is a basic organic chemical used in phenol formaldehyde resins, laminates, plywood, particle boards, bisphenol-A and pharmaceuticals.


Source:-thehindubusinessline.com





Gold Jewellery Exports Rise Again In April

Gold jewellery exports from India rose for a third consecutive month in April as raw material supplies improved after the Reserve Bank of India (RBI) allowed more banks to import bullion.


Struggling with a ballooning trade deficit, India last year imposed a record duty of 10 percent on overseas purchases of gold, the second-biggest expense in its import bill. That hit gold jewellery exports, with shipments in the fiscal year that ended in March dropping around 40 percent.


But jewellery exports in April continued to build on a firm trend, registering a 14.69 percent rise to $604.42 million, the Gems and Jewellery Export Promotion Council said in a statement.


"Supply condition has improved a little bit...if supplies improve more, exports will grow further," said Rajiv Jain, past chairman of the council.


India imported 50 tonnes of gold in March, which acted as a buffer for the following months, Jain said, when the country witnessed lower imports due to restrictions imposed on cash due to elections. India imported 30 tonnes of gold in April.


Total gems and jewellery exports fell 6.8 percent to $2.5 billion.


The amount of gold jewellery shipped by India is directly related to its imports after the country enforced the so-called 80/20 rule in July, making it mandatory to export a fifth of all gold imports.


Meanwhile, the RBI has indicated that it aims for a slow and steady removal of restrictions as the current account deficit comes under control.Silver jewellery exports unexpectedly fell 36.85 percent to $111.12 million in April, after displaying a strong trend last year.


Source:- zeenews.india.com





Foreign Trade Policy Expected After Budget

The Ministry of Commerce and Industry is expected to announce the new five-year foreign trade policy (2009-14) after the Budget as it seeks to boost manufacturing and exports, among other things.



"The Directorate General of Foreign Trade (DGFT) is already doing stakeholder consultations. It is expected that the new FTP would be announced only after the Budget. It would help in giving final touch to the policy.


Source:- ptinews.com





Assessee couldn't seek adjudication on merits if he had already claimed benefit of payment of duty p

Excise & Customs: If assessee's stand is that duty was paid in full with interest, even before issuance of notice and no proceedings could, therefore, have been initiated; his stand that duty must be adjudicated on merit was invalid


TP addition ordered on basis of avg. margin of profit yielding products as no benchmark found for im

IT/ILT : Where assessee, engaged in manufacturing raw material of perfumes, declared operating loss of 2.1 per cent on export of Acsantal Crude whereas, TPO relying upon operating margin of 25.93 per cent earned by assessee's unit where Acsantal Crude was allegedly manufactured, made addition to assessee's ALP, extreme view so taken by TPO was to be rejected with a direction to benchmark transaction in question on basis of average profit margin earned on all products manufactured by assessee


No violation of FERA if NR parent co. issued a credit note to Indian branch for sum otherwise not pa

FERA : Where non-resident parent company issued credit notes in favour of its Indian branch which was instead of being paid to it in India was adjusted against amount payable by latter to former, in view of fact that so called payments which were to be received were not owed to Indian branch office question of seeking general or special permission from RBI under section 16 did not arise


Saturday, 17 May 2014

Sum paid to merged bank in excess of its net worth is an intangible asset and eligible for depreciat

IT : Where having regard to a scheme of merger, assessee-bank had taken over four banks along with their assets and liabilities, consideration paid on account of excess of liabilities of merged banks over realizable values of assets taken over was liable to be treated as an 'intangible asset' within meaning of section 32(1)(ii)


No evasion penalty under Punjab VAT when goods receipt contained bill No., names of consignee and co

CST & VAT: Where assessee sent a consignment of goods from Moga to Mandi Gobindgarh through a truck with invoice for sale to one 'N' in Delhi along with goods receipt of goods carrier and Assessing Authority having noticed that in goods receipt destination was shown from Moga to Mandi Gobindgarh instead of Delhi imposed penalty under section 51(7)(b) of Punjab Value Added Tax Act, 2005 upon assessee holding that an attempt to evade tax was made by it, since bill number, value of goods, names of


Sec. 80P relief denied to a primary co-operative society

IT: Where on going through bye laws of assessee society it was evident that its principle business was banking, its paid up share capital and reserve were 1 lakh or more and by laws of co-operative society did not permit admission of any other co-operative society as a member, it was a primary co-operative bank and therefore hit by provisions of section 80P(4), hence not entitled to exemption under section 80P(2)(a)(i)


Alleged misappropriation of funds couldn’t be deemed as application of income if trust itself offere

IT: Where assessee, a charitable trust, had itself offered misappropriated fund as its additional business income, said additional income could not be held as application of income under section 11


RBI allows certain class of entities to raise ECBs from indirect foreign equity holders under automa

FEMA/ILT : External Commercial Borrowings (ECB) From Foreign Equity Holder - Simplification of Procedure


Co. directed to register transfer of share in favour of petitioner as refusal wasn’t made on suffici

Company Law: Where registered holder of shares had filed affidavits supporting claim of petitioner and petitioner had also filed sufficient documentary evidence to prove title of shares-in-question which had not been controverted by respondent company, reasons attributed by respondent company could not be held as a sufficient cause for refusal of transfer of shares in favour of petitioner


HC slams AO for issuing reassessment notice before recording his satisfaction; reassessment quashed

IT : Where notice seeking to reopen assessment was issued prior to recording of reasons, said notice being invalid, reassessment proceedings initiated in pursuance of same deserved to be quashed


Period for reservation of co's name extended in cases whose due date expired when MCA services were

COMPANIES ACT, 2013 : Section 7 of the Companies Act, 2013 - Incorporation of company - One time opportunity for extension of period of reservation of name


6 months period specified for export of goods without payment of duty doesn’t apply to filing of exp

Central Excise : Notification dated 26-6-2001 providing for export within six months from date of removal from factory/warehouse does not apply to filing of original documents; hence, where said documents are seized by customs and delay in filing is attributable to such seizure, export benefit cannot be denied to assessee


Sec. 195 applies to sum paid to IT assessee only; No TDS from membership fee paid to International P

IT/ILT : Membership fee contribution payable by assessee to International Press Institute is not liable to deduction of tax at source under section 195


Friday, 16 May 2014

CCI drops anti-abuse proceedings against Metlife as it had less share in ULIP market in India

Competition Law: Where OP insurance company did not enjoy a dominant position in relevant market for ULIPs in India, proceedings alleging abuse of dominance were to be closed


Reassessment after 4 years couldn’t be made at behest of audit party as complete examination was mad

IT: Where Assessing Officer completed scrutiny assessment after examining every aspect of assessee's case in detail, in view of proviso to section 147, he could not initiate reassessment proceedings after expiry of four years from end of relevant assessment year merely at behest of audit party


Interest could be levied during reassessment of VAT even when penalty was not levied under Karnataka

CST & VAT : Where Assessing Authority had reassessed assessee under section 39 of Karnataka Value Added Tax Act, 2003 and raised additional tax demand upon it and also levied interest under section 36 on it, it could not be contended that it was only when penalty under section 72(2) was levied upon assessee, interest under section 36 could be levied


Return filed intentionally with wrong jurisdictional officer would be akin to non-filing of return

IT : If assessee files return with an office which has no connection or concern with assessment of income of assessee, it will be treated as no filing of return


[Indian Customs Order] : Appointment of Common Adjudicating Authority

F.No.437/24/2014-Cus IV


Government of India


Ministry of Finance


(Department of Revenue)


Central Board Excise & Customs


*****


New Delhi, dated the 16th May, 2014


ORDER


In terms of Notification No.15/2002-Customs (N.T.) dated 07.03.2002 ( as amended) issued under sub-section (1) of section 4 of the Customs Act, 1962 (52 of 1962), the Board hereby assigns the Show Cause Notice http://ift.tt/TdiHl8 dated 30.10.2013 and Corrigendum http://ift.tt/1oZczqz dated 06.12.2013 issued by Additional Director General, Directorate of Revenue Intelligence, Zonal Unit, Ahmedabad in the case of M/s Mcfills Enterprises Pvt. Ltd., 501, Shikhar, Near Railway Crossing, Navrangpura, Ahmedabad and others to the Commissioner of Customs, Ahmedabad, Custom House, Near All India Radio, Navrangpura, Ahmedabad-380009 for the purpose of adjudication.


(R.P.Singh)


Director (Customs)


Copy to:-


(i) The Additional Director General, Zonal Unit, Ahmedabad, Rupen Bungalow, near Jain Merchant Society, Paldi, Admedabad-380007


(ii) The Commissioner of Customs, Ahmedabad, Custom House, Near All India Radio, Navrangpura, Ahmedabad-380009.


(iii) The Additional/Joint Commissioner of Customs (Import), Nhava Sheva, Jawaharlal Nehru Custom House, Nhava Sheva, Post-Uran, Dist: Raigad-400707


(iv) The Additional/Joint Commissioner of Customs, Inland Container Depot (ICD), Tughlakabad, having his office at Commissioner of Customs, Inland Container Depot (ICD), Tughlakabad, New Delhi.


(v) The Additional/Joint Commissioner of Customs (Import), Chennai, Custom House, 60, Rajaji Salai, Chennai-600001.


vi) The Additional/Joint Commissioner of Customs, Petrapole Land Customs Station, Commissionerate of Customs (Preventive) Kolkata, Custom House, 15/1, Strand Road, Kolkata-700001.


(vii) The Deputy/Assistant Commissioner of Customs, Kandla, having his office at Custom House, Near Balaji Temple, Kandla-3703210


(viii) The Additional/JointCommissioner of ICD, Sabarmati Ahmedabad having his office at Custom House, Near All India Radio, Navrangpura, Ahmedabad-380009.


(ix) webmaster.cbec@icegate.gov.in





[Indian Customs Order] : Appointment of Common Adjudicating Authority

F.No.437/45/2014-Cus IV


Government of India


Ministry of Finance


(Department of Revenue)


Central Board Excise & Customs


*****


New Delhi, dated the 16th May, 2014


ORDER


In terms of Notification No.15/2002-Customs (N.T.) dated 07.03.2002 (as amended) issued under sub-section (1) of section 4 of the Customs Act, 1962 (52 of 1962), the Board hereby assigns the Show Cause Notice F.No. VIII/26/04/2013-DRI-HRU dated 20.02.2014 issued by Additional Director General, Directorate of Revenue Intelligence, Chennai Zonal Unit, Chennai in the case of M/s Shree Krishna Enterprises, Plot No.96, Seshachala Co-operative Housing Society, 1st Floor, East Maredpally, Secunderabad to the Commissioner of Customs (Import), Chennai Sea Port, Custom House, No.60, Rajaji Salai Chennai-600001for the purpose of adjudication.


(R.P.Singh)


Director (Customs)


Copy to:-


1. The Additional Director General, Directorate of Revenue Intelligence, 25, Gopalakrishna (Iyer) Road, T. Nagar, Chennai, 600017.


2. The Commissioner of Customs (Import), Chennai Sea Port, Custom House, No. 60, Rajaji Salai Chennai-600001.


3. The Commissioner of Customs, Hyderabad-II, Kendriya Utpad Shulk Bhavan, Basheerbagh, Hyderabad.


4. The Commissioner of Customs (Port-Import), Custom House, Harbour Estate, Tuticorin 628004.


5. webmaster.cbec@icegate.gov.in





[Indian Customs Order] : Appointment of Common Adjudicating Authority

F.No.437/44/2014-Cus IV


Government of India


Ministry of Finance


(Department of Revenue)


Central Board Excise & Customs


*****


New Delhi, dated the 16th May, 2014


ORDER


In terms of Notification No.15/2002-Customs (N.T.) dated 07.03.2002 (as amended) issued under sub-section (1) of section 4 of the Customs Act, 1962 (52 of 1962), the Board hereby assigns the Show Cause Notice F.No. DRI/MZU/NS/INV-04/12-13 dated 23.10.2013 issued by Additional Director General, Directorate of Revenue Intelligence, Mumbai Zonal Unit, Mumbai in the case of M/s J.J. Enterprises, A 705, Om Siddhivinayak CHS, Sec 2A, Charkop, Kandivili (W), Mumbai & others to the Commissioner of Customs (Import), Jawaharlal Nehru Custom House, Mumbai for the purpose of adjudication.


(R.P.Singh)


Director (Customs)


Copy to:-


1. The Additional Director General, Directorate of Revenue Intelligence, Mumbai Zonal Unit, UTI Building, 13, Vithaldas Thackersey Marg, New Marine Lines, Mumbai-400020.


2. The Commissioner of Customs, (Import), Jawaharlal Nehru Custom House, Nhava Sheva, Raigad, Mumbai.


3. The Commissioner of Customs (Import), Custom House, Chennai


4. webmaster.cbec@icegate.gov.in





[Indian Customs Order] : Appointment of Common Adjudicating Authority

F.No.437/23/2014-Cus IV


Government of India


Ministry of Finance


(Department of Revenue)


Central Board Excise & Customs


*****


New Delhi, dated the 16th May, 2014


ORDER


In terms of Notification No.15/2002-Customs (N.T.) dated 07.03.2002 (as amended) issued under sub-section (1) of section 4 of the Customs Act, 1962 (52 of 1962), the Board hereby assigns the Show Cause Notice http://ift.tt/1oZcza9 dated 30.10.2013 issued by Additional Director General, Directorate of Revenue Intelligence, Zonal Unit, Ahmedabad in the case of M/s Jay Chemicals Industries Ltd., Jay House Panchvati Circle, Ambawadi Circle, Ellisbridge, Ahmedabad and others to the Commissioner of Customs, Ahmedabad, Custom House, Near All India Radio, Navrangpura, Ahmedabad-380009 for the purpose of adjudication.


(R.P.Singh)


Director (Customs)


Copy to:-


(i) The Additional Director General, Zonal Unit, Ahmedabad, Rupen Bungalow, near Jain Merchant Society, Paldi, Admedabad-380007.


(ii) The Commissioner of Customs, Ahmedabad, Custom House, Near All India Radio, Navrangpura, Ahmedabad-380009.


(iii) The Additional/Joint Commissioner of Customs, Mundra, Port User Building, Mundra Port and SEZ, Mundra,


(iv) The Additional/Joint Commissioner of Customs (Imports), Jawaharlal Nehru Custom House, Nhava Sheva, Post-Uran, Dist: Raigad-400707


(v) The Additional/Joint Commissioner of Customs (Imports), Mumbai Sea, New Custom House, Ballard Estate, Mumbai- 400001.


(vi) The Commissioner of Customs (Prev.), Amritsar, having his office at Custom House, C.R. Building, The Mall, Amritsar- 143001.


(vii) The Deputy/Assistant Commissioner of Customs, Ahmedabad, Custom House, Near All India Radio, Navrangpura, Ahmedabad 380009.


(vii) webmaster.cbec@icegate.gov.in





[Indian Customs Order] : Appointment of Common Adjudicating Authority

F.No.437/41/2014-Cus IV


Government of India


Ministry of Finance


(Department of Revenue)


Central Board Excise & Customs


*****


New Delhi, dated the 16th May, 2014


ORDER


In terms of Notification No.15/2002-Customs (N.T.) dated 07.03.2002 ( as amended) issued under sub-section (1) of section 4 of the Customs Act, 1962 (52 of 1962), the Board hereby assigns the Show Cause Notice F.No. DRI/MZU/G/Inv-08/09-10 dated 28.03.2014 issued by Additional Director General, Directorate of Revenue Intelligence, Mumbai Zonal Unit, Mumbai in the case of Misuse of export incentive schemes by a group of firms in the export of Fabric to the Commissioner of Customs (Export), Jawaharlal Nehru Custom House, Nhava Sheva, Post Uran, Distt. Raigad, Maharashtra for the purpose of adjudication.


(R.P.Singh)


Director (Customs)


Copy to:-


1. The Additional Director General, Directorate of Revenue Intelligence, Mumbai Zonal Unit, UTI Building, 13, Vithaldas Thackersey Marg, New Marine Lines, Mumbai-400020.


2. The Commissioner of Customs, (Export ), Jawaharlal Nehru Custom House, Nhava Sheva, Tal. Uran, Dist Raigad.


3. The Commissioner of Customs, Custom House, (Export), New Custom House, Ballard Estate, Mumbai


4. The Commissioner of Customs (Exports), Air Cargo Complex, Sahar, Andheri (East), Mumbai-400059


5. The Commissioner of Customs (Muland CFS and General), NCH, Ballard, Estate, Mumbai


6. The Commissioner of Customs (Import), ICD, Tughlakabad, New Delhi


7. The Commissioner of Customs, Kolkata Sea Port, Customs House, 15/1, Strand Road, Kolkata.


8. The Commissioner of Customs, Mundra Port, Custom House, Near Balalji Tample, Kandla


9. The Commissioner of Customs, Customs (Export), Custom House, 60, Rajaji Salai, Chennai


10. The Commissioner of Customs, Air Cargo, (Exports), New Custom House, New Delhi.


11. The Commissioner of Customs, Kandla Port, Custom House, Near Balalji Tample, Kandla.


12. The Commissioner of Customs, in-charge of ICD, Patparganj, having his office ICD, Tughlakabad, New Delhi.


13. The Commissioner of Customs, in-charge of ICD, Sabarmati, Ahmedabad, Custom House, Near All India Radio, Navrangpura, Ahmedabad.


14. The Commissioner of Customs, in-charge of ICD, Faridabad, New CGO Complex, Faridabad.


15. webmaster.cbec@icegate.gov.in





No ST exemption on services provided within ‘other port’ if exemption was available for ‘port’ and ‘

Service Tax : Where exemption under Notification No. 31/2010-S.T. was granted only to 'port' and 'airport' and not to 'other port', which was separately defined, services provided within 'other port' were not exempt


HC admitted winding up of co. when it failed to discharge any dues of petitioner-Bank

Company Law: A company which was prima facie liable to be wound up could not be permitted to pick and choose creditors whose dues they wished to discharge and where they had failed to pay even a small fraction of dues payable to petitioner Bank, winding up petition was to be admitted


ITAT deletes TP adjustment of guarantee fees charged from AE as same was deleted in earlier year as

IT/ILT: Following order passed by Co-ordinate Bench of Tribunal in assessee's own case relating to earlier assessment year, adjustment made by TPO in respect of commission charged by assessee from its AE for giving bank guarantee in order to enable foreign bank to grant loan to AE, was to be set aside


HC comes to rescue of department rep.; directs department to appoint assistant to senior advocate

IT: Court Procedure : Where after filing departmental appeal, Advocate on record was designated as Senior Advocate, new Advocate on record must be appointed to assist Senior Advoacte


NR’s capital gains are taxable at concessional rate under Proviso to sec. 112(1); Cairn’s judgment f

IT/ILT: The first and second proviso to section 48 can't be said to be granting the same relief or benefit - Both provisos are neither identical nor they serve the same purpose - Hence, benefit of Proviso to section 112(1) is allowable to non-resident availing of benefit of first proviso to section 48


Source Says Coal India Plans To Import 6-7 Mln Tn Coal Fy15

Coal India Ltd has finalised its long pending import tender and is looking to import 6-7 mln tn of the commodity in 2014-15 (Apr-Mar) on which it will charge a 2% margin on landed cost to buyers in India, said a senior Coal India official.


The world’s largest coal producer is likely to appoint state-owned trading company MSTC Ltd as designated vendor for importing the coal.


The final decision to appoint MSTC as the vendor will be taken in the next board meeting scheduled later this month, he added.


“We have received orders for importing 6-7 mln tn of coal this year (Apr-Mar). MSTC is most likely to get the mandate to import coal for us, which would be supplied to the power producers who have put in their request

with us,” said the official.


Earlier this year, Coal India had floated a tender for selection of vendor to supply 5-8 mln tn imported coal to various power plants in the country until March 2015.


The estimated value of the work is seen at 30 bln rupees. The largest coal miner in the world intended to import coal on behalf of its consumers at cost plus basis to meet the gap of coal demand to meet 80% fuel supply agreement.


According to the tender norms, the successful bidder will have procured imported coal through tendering for the quantity required for each quarter separately.


Coal India will charge around 2% commission over and above the landed cost of the imported coal from its customers, said the official.


“Typically, MSTC charges 4-10 rupees per tn of imported coal to its customers. But for us the charge is expected to be 3-4 rupees per tn. The power producers will have to pay 2% margin to us.


We will pay MSTC from that 2% margin,” he added. Coal India has been mandated to sign fuel supply agreements for a total capacity of 78,000 MW including cases of tapering linkage, which are likely to be commissioned by March 2015.


In November last year, Chairman and Managing Director S. Narsing Rao had said the company has signed fuel supply agreements for 70,400 MW with power producers.


The company has to supply 65% coal out of the annual contracted quantity under its fuel-supply agreements with power producers for 2013-14 and 2014-15 (Apr-Mar).


The state-owned miner will supply 67% of the contracted quantity in 2015-16 and 75% in the terminal year of the 12th five year plan.


To meet the balance fuel supply obligations, Coal India was asked to import and supply to willing power plants.


Source:- freepressjournal.in





SEBI lays down trading and risk management measures for smooth transition of FPI regime

SEBI : Risk Management Framework for Foreign Portfolio Investors (FPI) Under The SEBI (Foreign Portfolio Investors) Regulations, 2014


CCI orders investigation against 'Google' on charges of its abusive conduct in online search adverti

CL : Where an Informant alleged that Google has indulged in practices resulting in denial of market access to the informant and to other remote tech support companies in the online search advertising market in order to help and assist its own programme 'Google Helpout' and other associate companies such as www.iyogi.com. Google was found to be prima-facie dominant in the relevant market, Commission directed the Director General (DG) to cause an investigation to be made into the matter


Indian Exporters See Eu Ban On Mangoes As An Opportunity To Develop Untapped Markets

While speculation is rife on when the EU ban will be lifted, how it’s affecting the domestic prices of mangoes and the further effects on small-scale farmers, much of the fuss over the blockage of Indian mangoes appears to be largely unsubstantiated.


The ban on mangoes, two types of gourd, eggplant and taro plant came into effect on 1 May after authorities in Brussels found Indian exports contaminated with fruit flies last year.


With less than 10 per cent of Indian mango exports shipped to the EU, Dr Sudhanshu from government export agency APEDA, said the already well-established markets of the Middle East, Asia and the US were still thriving.


“The EU ban is not so much of a bad thing,” said Kaushal Khakhar, CEO of Indian exporter Kay Bee. “With the EU ban in place, there’s now potential for exporters to explore other markets including South East Asia, Australia and New Zealand.”


Taking the optimistic approach, Khakhar said Indian exporters are now focusing on the established trade with the US, and with government talks underway, Kay Bee is hoping to start exporting mangoes to Australia next year. “With the South East Asian market completely untapped, we’re exporting to Hong Kong this year and have our eyes set on Malaysia as well,” said the CEO.


“India needs to strengthen post-harvest treatment to ensure the quality of the produce is in line with the demands of each country,” said Sudhanshu. Citing different treatments needed for different countries, including irradiation treatment for the US and vapour heat treatment for New Zealand, Sudhanshu said ensuring India meets the requirements of the EU depends on what they ask for on their end.


Sudhanshu said the ban is an opportunity for India to strengthen the food safety protocols it already has in place, including the mandatory steps of all perishable goods passing through APEDA-certified packhouses before exporting them.


Of concern is the falling price of mangoes within the domestic market, to be investigated by a five-member committee including Sudhanshu, which will report its findings on 22 May.Despite speculation the EU may have lifted the ban, both sources confirm it is expected to be in place until December 2015.


Source:- fruitnet.com





Update 1-Record Indian Grain Output Will Help New Govt

India is set to harvest a record 264.4 million tonnes of grains in the crop year that ends in June, the farm ministry said on Friday, easing pressure on a new government that may have to deal with poor monsoon rains later in 2014 due to the El Nino weather pattern.


"Record output in wheat and rice provides a breather against the El Nino threat," said Tajinder Narang, a trade analyst.


He added that record output would help the new government continue the country's policy of unrestricted grain exports in the short term.


Opposition candidate Narendra Modi will be the next prime minister of India, with counting trends on Friday showing the pro-business Hindu nationalist and his party headed for a resounding election victory.


Total rice output is expected to hit 106.29 million tonnes in the current crop year, up from 105.24 million tonnes the year before. Wheat output is likely to reach 95.85 million tonnes, compared to 93.61 million tonnes produced a year earlier.


Farmers in India, the world's second-biggest rice and wheat producer, harvested 257.13 million tonnes of grains in the crop year to June 2013.


The weather office on Thursday said annual rains could hit the southern Kerala coast on June 5, roughly five days behind their normal arrival.


Monsoon rains irrigate nearly half India's farmland.


Record rice and wheat output will boost stockpiles, providing a cushion against a possible El Nino, which forecasters around the world say is increasingly likely.


El Nino is a weather pattern marked by heating up of sea surface temperature in the Pacific Ocean, and usually causes droughts in the Asia Pacific including India.


Since grain export restrictions were eased three years ago, India has emerged as the world's top rice exporter and a key supplier of wheat to Southeast Asia and the Middle East.


Source:- in.reuters.com





Supreme Court Orders Temporary Closure Of Some Odisha Iron Ore Mines

The Supreme Court ordered on Friday the temporary closure of nearly half of the iron ore mines in top producing state Odisha due to non-renewal of years-old leases, in a blow to local steel mills that depend heavily on high-quality ore from the state.


Odisha, which allows exports of only half of total iron ore output, produced more than 70 million tonnes in the last fiscal year from 56 operating mines.


The move is unlikely to lift global iron ore prices given the limited flows from Odisha to international markets, but it could force Indian steelmakers to source the raw material overseas and soak up some of a forecast global supply surplus.


The 26 suspended mines produced about 40 million tonnes, said Odisha's mines director Deepak Kumar Mohanty.


"We will abide by the court's decision and work on renewing the licences for the affected mines within the stipulated six months," Mohanty told Reuters.


The verdict could force steelmakers to cut output or import expensive iron ore. Tata Steel Ltd (TISC.NS) and Jindal Steel and Power Ltd (JNSP.NS) are some of the companies that mine and use ore from Odisha. Most of the mining in Odisha is done by state-owned Odisha Mining Corp.


"There's definitely potential for imports because it takes some high-grade tonnes out of the domestic market," said Graeme Train, commodity analyst at Macquarie in Shanghai.


Imports of steel could also rise, helping steelmakers in countries such as South Korea and China. Steel imports have seen double-digit growth in recent years as domestic raw material shortages hurt.


To curb illegal mining, the top court had earlier imposed bans in Karnataka and Goa. The Goa ban imposed in September 2012, coupled with similar curbs enforced earlier in neighbouring Karnataka, have sliced India's iron ore exports by 85 percent, or 100 million tonnes, over the past two years.


Though the bans in Goa and Karnataka have now been lifted, output caps and procedural delays have meant iron ore production remains muted and India continues to be the tenth-largest exporter, slipping from its earlier position of No. 3.


Analysts expect a gradual recovery in Indian iron ore exports over the next two years, but the pace is likely to be modest and far from a record high of more than 117 million tonnes set in the fiscal year through March 2010.


Tata Steel shares were down almost 4 percent on Friday. The company's executive director Koushik Chatterjee said on Wednesday all its mines were operating with all necessary clearances.


Source:- in.reuters.com





Doctrine of unjust enrichment won’t be applicable to refunds relating to periods prior to its introd

Central Excise : Doctrine of unjust enrichment will not be attracted for refunds arising under Rule 9B of Central Excise Rules, 1944 out of finalisation of provisional assessments pertaining to period prior to 25-6-1999 even if assessments are finalised on or after 25-6-1999


TDS under sec. 194C and not under sec. 194-I on hiring charges paid to transporter for voyage of stu

IT : Where assessee took certain vehicles on hire for carrying its students and staff, it was justified in deducting tax at source under section 194C while making payments of hiring charges to transport contractor


Govt Hikes Import Tariff Value On Gold, Silver

The government on Friday hiked the import tariff value on gold and silver to $424 per 10 grams and $650 per kg respectively, in view of volatile global price trends.


Till the first fortnight of May, tariff value on imported gold stood at $422 per 10 grams and silver at $632 per kg.The import tariff value — base price at which customs duty is determined to prevent under-invoicing — is revised on a fortnightly basis taking into account the volatility in global prices.


The reduction in tariff value on imported gold and silver has been notified by the Central Board of Excise and Customs, an official statement said.


In Singapore, gold prices have risen by 0.46 % to $1,294.20 from $1,288 per ounce in last one fortnight. Similarly, silver prices have also increased to $19.36 per ounce from $19.14 per ounce in the review period.


However in the national capital, gold prices fell to Rs29,600 per 10 grams on Friday, as compared to Rs30,585 on 1 May.

Due to government curbs, the country’s total gold and silver imports dropped 40% to $33.46 billion in 2013-14, as against $55.79 billion in the previous year.


Gold is the second largest import item for India after petroleum. The government had taken several measures to curb gold shipments to address the high current account deficit.


These measures include raising the import duty to 10% on the metal and also made it mandatory for traders to export 20% of the imported gold.


Source:- livemint.com.





Eu Lifts Five-Year Ban On Imports Of Indian Poultry Meat

Five years after imposing a ban on imports of poultry meat from India based on bird flu fears, the European Union has lifted the ban, whilst maintaining controls.


The European Union (EU) has lifted a five-year ban on the import of poultry meat from India, albeit with conditions, reports Business Standard. To export meat products, treated stomachs, bladders and intestines prepared from fresh meat of domestic poultry, including meat of farmed and wild game birds, exporters need an amended model health certificate, to be issued by the Export Inspection Council of India, the European Commission said.


A transition period of four months - up to 30 September 30 - has been given for consignments with existing health certificates, provided this is signed before 30 July.


“It’s very good news for the Indian poultry sector, as opening exports to the EU will boost overall sentiment. But it will be interesting to see whether any relaxation is made in the quality specifications to commence exports,” said Mohan V.K., general manager (sales and marketing), Suguna Foods.


Faced with the spread of bird flu, the European Union had banned import of poultry meat from India five years ago. These fears have subsided, following India culling millions of chickens.


Relaxation in the quality specifications, as sought by Indian authorities, will help companies resume exports. Currently, India exports various poultry products, including eggs and processed meat, worth INR5 billion a year. Of this, the EU accounts for 20 to 25 per cent.


“Given the quality specifications are very stringent, very few companies will qualify for the export norms set up by the EU. Hence, even if the EU market is opened, the Indian poultry sector won’t be able to gain much. But opening the EU market will boost the overall sentiment for exports to other countries as well,” said Mr Mohan.


The Agricultural & Processed Food Products Export Development Authority has advised Indian exporters to comply with the new norms.


“Currently, India exports only poultry products, including eggs, to European countries. There are few opportunities for exports of poultry meat, owing to stringent quality specifications,” said Balram Jadhav, managing director of Godrej Agrovet Ltd.


Rating agency, ICRA, estimates the poultry sector will report improved margins this financial year, despite volatile realisations, the wide supply-demand disparity across regions and high feed costs.


In 2013, domestic poultry meat production (broiler carcass weight) is estimated to have remained flat at 3.5 million tonnes, with per-capita consumption of 2.8kg a year, while table egg production is estimated to have increased from 66 billion in 2012 to 70 billion in 2013, with per-capita consumption at 57 eggs a year.


In value terms, the overall poultry market is estimated at about INR580 billion at the wholesale price level, indicating value growth of eight per cent compared to 2012.


According to Business Standard, Icra forecasts healthy growth in poultry output through the last decade made India one of the fastest growing markets in this segment, with strong potential due to gap against global per-capita consumption and favourable socio-economic factors.


Source:- thepoultrysite.com





Rbi Spotted Buying Dollars To Halt Rupee Gains: Report

The Reserve Bank of India was likely buying dollars via state-run banks starting around 58.70 rupee levels after the rupee earlier hit its strongest against the dollar in 11 months, three traders said.


The rupee was trading at 58.87/88 per dollar by 11:45 a.m., off its session high of 58.62, its highest since June 19. The currency closed at 59.29/30 on Thursday.


The rupee gained after early counting showed the Bharatiya Janata Party and its allies leading in 335 seats, way above the 272 seats required to win a majority in the lower house.


Traders however said dollar buying was sporadic and not as aggressive as in recent sessions.The BSE Sensex was trading up 3.7 per cent, after earlier rising as high as 6.15 per cent.


Source;- profit.ndtv.com





HC dismisses writ and directs assessee to raise his concern before first appellate authority itself

IT : Where during penency of appellate proceedings before Commissioner (Appeals), assessee filed a writ petition contending that since he was not granted reasonable opportunity of being heard before passing reassessment order, petition was to be disposed of by giving direction to assessee to raise aforesaid ground in appellate proceedings itself


Input credit is available only if exp. has 'direct and immediate link' with onward taxable supply

CST & VAT : It is for assessee to establish that input tax for which it seeks credit is properly due and said requirement is not satisfied by its merely establishing some link between expenditure which gave rise to input tax and an onward taxable supply, but "direct and immediate link"


CLB stayed oppression petition to avoid conflict of decisions as impugned matter was sub-judice in c

CL : Where civil suit was instituted prior in point of time and subject matter of company petition filed under section 397 and civil suit was one and same, to avoid conflict of decisions, proceedings of company petition were to be stayed till disposal of Civil Suit


No reassessment to deny sec. 35D deduction when it was allowed after detailed analysis during assess

IT: Where for several years amortization of deduction under section 35D had already been allowed, that too after scrutiny assessment, same could not be disallowed in current year by reopening


Corrective action could be taken under sec. 154 of Customs Act if excess duty was paid due to ignora

Excise & Customs: Where, at time of clearance of goods, assessee had paid an excess amount of duty in ignorance of binding circular dated 10-11-2008; said omission could be corrected under section 154 of Customs Act


No royalty under India-Singapore DTAA if liability to pay royalty wasn’t borne by PE of NR payer in

IT/ILT: Where assessee, a Singapore based company, made payment for acquisition of right to broadcast cricket matches, in view of fact that liability to pay said amount was not incurred in connection with its PE in India, following order passed by Tribunal in assessee's own case relating to assessment year 2003-04, it was to be concluded that payment in question was not taxable as 'royalty' having regard to article 12(7) of India-Singapore DTAA


No sec. 68 additions for capital introduced by partners unless it was proved as unaccounted income o

IT: Unless Assessing Officer brings material to show that amount brought in firm by partners represents unaccounted income of firm and that partners had no capacity to make such investment, capital brought in firm could not be assessed in hands of firm


Thursday, 15 May 2014

ITAT upheld concealment penalty on foreign co. as its liaison office was engaged in commercial activ

IT/ILT : Concealment penalty be imposed where assessee claimed that its liaison office was acting as a communication channel, but it was found to be performing other business activities which could demonstrate business connection or constitution of a 'Permanent Establishment'


No breach of IT rules on admission of additional evidence by CIT(A) if AO was allowed to comment on

IT: Where Commissioner (Appeals) allowed assessee to produce additional evidence after calling remand report and permitting Assessing Officer to comment on such additional evidence, said order of Commissioner (Appeals) did not require any interference


CLB admitted oppression plea as directors of co. were diverting receipts of right issue to their rel

Company Law : In direct contravention of purpose and object for which scheme of rights issue was issued, making investment by erstwhile directors of company in partnership firm-in-dispute was patently mala fide and oppressive


HC set aside revisional proceedings as there was no basis for alleging evasion of sales under Assam

CST & VAT : Where Commissioner took revisional proceedings against assessee and issued on it a notice under section 36(1) of Assam General Sales Tax Act, 1993 stating that (i) it had shown low profit margin, and (ii) it had suppressed sales to extent of Rs. 11.39 crores, since there was no basis for above grounds for invoking suo motu powers contemplated under section 36, revisional proceedings were liable to be quashed


Pasteurization and packing of milk for dairy to be deemed as manufacture; not liable to service tax

Service Tax : Prima facie, process of pasteurisation and packing of milk is a process necessary to make milk marketable to consumer and is covered by Chapter Note 6 of Chapter 4 of Central Excise Tariff and not liable to service tax


HC upheld detention valid based on other grounds by appliying doctrine of segregation as one of grou

CL : Where detention order was based on multiple or different grounds, even when it was held that detention on one of such ground was illegal, detention order could be upheld on other grounds by applying doctrine of segregation


Contribution to approved superannuation fund isn’t a taxable perquisite until employee is entitled t

IT/ILT/AAA: Employer's contribution to the superannuation fund assures only future benefit to employees and they do not get any vested right at the time of making contribution to the fund - Therefore, such contribution could not be treated as taxable perquisite in the hands employee until they are entitled to receive it


Payment by Oxford India to Sri Lankan resident for promotion of books in its country won’t be taxabl

IT/ILT: Sales promotion services rendered by 'G' for promotion of books and brand name of applicant in Sri Lanka were not technical services as defined in the Act –Such payments were not taxable in India as Article 14 of India-Sri Lanka DTAA provided that such income would be taxable only in the country in which services were rendered


‘Most Favoured Nation’ clause can be referred to interpret treaties and not to import ‘make-availabl

IT/ILT: The applicant contended that in view of Protocol to India-France DTAA, are stricted scope of the term FTS should be applied as provided for in any treaty entered into between India and a third State - Hence, when there was no 'make available' clause in the India-France Treaty, the restricted scope of FTS in the India-UK DTAA had to be applied - Held: Authority held that Protocol or Memorandum can be made use of for interpreting provision of the Treaty -It will be inappropriate to import


To End Misdeclaration, Revenue Loss: Customs Recommends 10 Percent Duty On Import Of Silicon Steel

Pakistan Customs has recommended the Federal Board of Revenue (FBR) to impose 10 percent import duty on commercial import of silicon steel in order to end misdeclaration. Industry sources told Business Recorder on Wednesday that during the last one year import of silicon steel has witnessed notable increase despite the fact that no new investment has been made in silicon steel consuming sector like electric, transformer and fan industry.


Reportedly, a large quantity of Cold Rolled Coils (CRC) is being imported under the umbrella of silicon steel, as there is zero duty on import of silicon whereas some 10 percent duty on CRC. "Some of the commercial importers are involved in misdeclaration and importing huge quantity of CRC by declaring it silicon steel," they added.


FBR has received a large number of complaints in this regard from domestic steel industry, which is demanding some duty on import of silicon steel in order to end misdeclaration of CRC. Sources said that the federal government has given 10 percent tariff protection to domestic CRC Steel manufacturers, which have invested some 200 million dollar in steel sector during the last few years.


However, some of commercial importers/traders started to import CRC steel declaring its silicon steel to avoid paying 10 percent customs duty which resulted in loss of approximately Rs one billion annually to the national exchequer, besides creating serious difficulties for the domestic CRC industry.


The customs data showed the import of silicon steel jumped by 330 percent to a monthly average of more than 7,600 metric tons during January 2013 to February 2014 up from previous monthly average of 2,300 metric tons during 18 months period from July 2011 till December 2012. In this regard, the CRC Steel manufacturers have held a number of meetings with Ministry of Industries, Engineering Development Board, Federal Board of Revenue and Customs officials and finally Pakistan Customs (Karachi Enforcement) has recommended FBR to impose 10 percent duty on commercial import of silicon steel to stop mis-declaration and enhance revenue collection.


Sources said that customs have recommended duty only on commercial imports in order to ensure availability of cheap raw material to the genuine user/manufacturers. As per the proposal, manufactures will continue to avail the duty exemption. This way the customs' revenue collection would increase by over one billion rupees without affecting the genuine users of Silicon Steel, they informed.


"It is the right time that Ministry of Industries & Production and Engineering Development Board also recommend the same to protect development of steel industry of Pakistan while protecting genuine end users of Silicon Steel by exempting them from duty," they demanded.


It is necessary for the authorities to ensure level playing field for CRC Steel manufacturers as well as stop government's revenue pilferage and increase tax/duty collection, they added. Industry sources said that if the government provide level playing field to domestic steel sector and give confidence to existing companies, they are willing to expand their production capacities, besides bringing new investors in the steel industry.


It is worth mentioning here that Pakistan has one of the lowest per capita annual steel consumptions in the region at 34 kilogram per head compared to 427 kilogram per head in China, 211 kilogram per head in Thailand, 130 kilogram per head in Brazil and 55 kilogram per head in India. It is a well established fact that no country can prosper unless it has its own steel production facilities and sufficient energy generation.


Source:- brecorder.com





Mango Exports To Us Likely To Rise By 42% This Yr

Mango exports from India to the US are likely to increase by 42 per cent to 400 tonnes this year on strong demand, according to the government body APEDA.


Last year, India, the world's largest grower of the fruit, had shippped about 281 tonnes of mangoes to America.


"Mango exports to US would be around 400 tonnes this year," a senior official of the Agricultural and processed Food Products Export Development Authority (APEDA) said.


Mango exports to the US have commenced this month. In the last ten days, the country has exported 50 tonnes of mangoes, mainly 'Alfonso' and 'Kesar' varieties from western India.


The official said that the exports are expected to pick in the coming days with arrival of different varieties of mangoes from various parts of the country.


However, higher exports will depend on supply of quality UP mangoes like 'Dasheri', 'Langda' and 'Chounsa' that will hit the market during monsoon, he added.


Mango exports to the US resumed in 2007. The fruits are exported to the US after the irradiation process, a preservation technology that can reduce the risk of food poisoning and extend shelf-life of food.


Currently, India has only one irradiation unit in Maharashtra with a processing capacity of 10-15 tonnes a day.


Traders and experts said that big volumes of exports to the US cannot take place due to insufficient irradiation centres in the country.


India's overall mango exports in 2014 are expected to be at last year's level of around 60,000 tonnes, while the domestic production is estimated to be around 16 lakh tonnes.


Source:- financialexpress.com





March Tea Output Rises 11 Percent Y/Y: Board

Tea production in March jumped 11 per cent from a year earlier to 52.49 million kg due to higher plucking in top producing Assam state, the state-run Tea Board said on Thursday.



Production in the north-eastern state rose 53.2 per cent from a year earlier to 14.37 million kg, the board said in a statement.



The world's second biggest tea producer exports CTC (crush-tear-curl) grade mainly to Egypt, Pakistan and the UK, and the orthodox variety to Iraq, Iran and Russia.


Source:- economictimes.indiatimes.com





State Plans Pack Houses To Meet Eu Norms

The recent European Union (EU) ban on agro products from India may, in the long run, help you buy pesticide-free vegetables and fruits from the local market.


To meet the stringent EU norms, the state government has plans to set up Agricultural and Food Products Export development Authority (APEDA)-certified integrated pack houses, a senior government official said here on Wednesday.


The 28-member EU imposed the ban on mangoes and vegetables after finding pests in some of the consignments from India.


The ban has hit Kerala's modest Rs 220-crore vegetable and fruit export industry. The state has been exporting pineapple, bananas, spices and red rice to growing markets such as France and Germany in the EU.


State agriculture secretary K R Jyothilal said the EU has low tolerance towards pesticide residue limits unlike in India.


"But once we adhere to EU norms, the farmer is assured of huge profits. This will also in turn encourage him to use lesser pesticides on products meant for the domestic market, as he will find agriculture sustainable,'' the official said.


Kerala has been lacking APEDA-approved pack houses and the government was now planning to start such centres at Ernakulam, Thiruvananthapuram, Kozhikode and Nadukara agro-processing factories.


"We plan to begin APEDA-certified pack houses, where inspectors will conduct lab tests. The department will take the assistance of scientists from Kerala Agriculture University to test vegetables and fruits,'' Jyothilal said.


APEDA chairman Santhosh Sarangi expressed his organisation's willingness to help the state set up pack houses. "The future of agro export industry lies in penetrating niche EU market by delivering quality food products and booking good profits,'' he said.


APEDA, the nodal body affiliated to the Union ministry of commerce and industry, is responsible for developing farm export-based industries, besides providing financial assistance to farm-entrepreneurs. The body also issues standards and specifications for agro-products meant for exports.


Sarangi said the setting up of APEDA-approved pack houses would help farmers export products to European countries with stringent import rules.


The authority chief termed the EU blanket ban on agro products from all Indian states unfortunate since "pests were found in a few consignments. We should be more stringent in our testing methods,'' he said.


Organic food growers, meanwhile, mooted a more holistic view on the EU ban, rather than merely looking at export figures.


"We are still driven by figures. If you look at the number of cancer cases that have increased dramatically in the past decade, one can clearly see a link with the consumption of pesticide-ridden food products,'' C Jayakumar, a trustee of Thanal, which runs an organic bazaar, said.


He said the state should instead promote the cultivation and consumption of organic food for its own citizens or else the cost for healthcare would exceed short-term economic gains.


Source:- timesofindia.indiatimes.com





HC condoned delay in filing appeal as it was a meritorious case involving huge revenue

CST & VAT: Where against order of Tribunal, revenue filed appeal before High Court late by 210 days and sought condonation of delay contending that it was a very meritorious case and amount involved in matter was very huge, considering large amount of revenue involved, delay caused in preferring appeal deserved to be condoned


Taxes paid on upfront fees for borrowing weren’t disallowable when these were included in loan amoun

IT : Where in terms of loan agreement entered into with a bank, assessee agreed to bear tax on upfront fee, since it was a part of entire consideration agreed to be paid, no disallowance could be made in respect of same under section 40(a)(ii)


India's Veg Oil Import Surges 27 Per Cent In April

India's import of vegetable oils, both edible and non-edible, jumped 27 per cent to 832,760 tonnes in April compared with 654,827 tonnes imported in April last year.



Of the total, 819,435 tonnes were edible oils and 13,325 tonnes non-edible oils, The Solvent Extractors' Association of India announced in a statement.



The overall import of vegetable oils during November 2013 to April 2014 fell two per cent to 5,164,991 tonnes compared with 5,279,505 tonnes imported during the same corresponding period.



During the five-months period, the import of refined oil rose three per cent to 898,715 tonnes compared with 874,187 tonnes during the same period of last year.



Import of crude oil declined two per cent and was reported at 4,174,377 tonnes compared with 4,264,576 tonnes registered during the same period of last year.



Palm Oil import also decreased during November 2013-April 2014 to 3,678,593 tonnes from 4,311,057 tonnes during the same period of last year due to disparity in processing, said the association.



However, soft oils import increased to 1,394,499 tonnes from 827,706 tonnes recorded during the same period of last year.



"Indian refiners prefer to import crude soft oils over crude palm oil in India, which has reflected in the pattern of import the last few months," it said.



Stock of edible oils, as of May 1, 2014, at various ports was estimated at 465,000 tonnes, of which CPO accounted for 230,000 tonnes, Refined Bleached and Deodorized Palmolein (70,000 tonnes), Degummed Soybean Oil (40,000 tonnes) and Crude Sunflower Oil (125,000 tonnes) and about 700,000 tonnes in the pipeline.



Total stocks, both at ports and in the pipelines, despite the higher imports during April 2014, was reduced at 1,165,000 tonnes from 1,200,000 tonnes previously.


Source:- bernama.com.my





Texprocil Study Finds Robust Figures For Cotton Yarn Export From India, Outlook Bright

A study conducted by The Cotton Textiles Export Promotion Council, (Texprocil) has revealed that India's cotton yarns exports are meeting their targets barring the seasonal fluctuations generally witnessed every April and inspite of high raw cotton prices.


Statistics revealed by Texprocil show that India exported 1,082 mn kgs of cotton yarn valued at US$ 3.75 billion in the first 10 months (April - January) of fiscal year 2013-14. It is estimated that cotton yarn export for the full fiscal year 2013-14 would be around 1,350 mn kgs valued at US$ 4.70 billaion. The high quality of Indian yarn is ensuring firm orders for Indian mills from the international markets.


Exports of cotton yarn dropped during last three years in the month of April and it happened in 2014 too. One of the reasons, in addition to the high year end exports which cause a drop in April, is the temporary high cotton prices during this period. Last year as well as this year during the month of March and April Indian cotton prices have gone above the international prices for cotton upto 40s count. Current Indian prices are higher than international prices and good quantity imports of 1 1/8 inch cotton are taking place.


There is an increasing anxiety in the industry due to recent developments in Chinese cotton policy since China is the major importer of cotton and cotton yarn from India. Presently, the price difference between Indian and Chinese cotton is quite high with the Indian yarn selling at much lower rates. In fact, prices of Indian cotton yarns after payment of duty and taxes in China are still very much lower than the Chinese domestic yarn prices.


SaysMr Manikam Ramaswami, Chairman, Texprocil, "Given the better quality produced by Indian mills there will always be good exports of Indian yarns taking place, even if the difference between Chinese cotton prices and international cotton prices narrows down substantially. Indian mills need not fear a drop in yarn exports happening beyond the seasonal fluctuations. However profitability of exports will depend upon our price parity with International cotton prices."


Established in 1954 as an autonomous, non-profit body dedicated to promotion of exports, Texprocil facilitates the exports from India of raw cotton, cotton yarns and blended yarns, woven and knitted fabrics, home textiles and technical textiles. The Council provides export promotional services to over 3,500 members including composite mills, spinning units, weaving units, knitting units, process houses and merchant exporters who collectively generate billions of dollars of turnover. For more information.


Source:- prnewswire.co.in





India May Back Solar Duties After Probe Finds Dumping

India may recommend duties on US and Chinese solar imports after finding evidence of dumping, broadening a global trade dispute in the $130 billion market.


More than 20 overseas suppliers, including First Solar Inc and Yingli Green Energy Holding Co, sold equipment in India for as little as half the cost as in their home markets and undercut local prices by as much as a third, according to a summary of a 1 1/2 year probe by the Ministry of Commerce & Industry sent to the parties involved and obtained by Bloomberg News.


The document indicates the ministry will recommend duties on imports from the US, China, Taiwan and Malaysia, said Jagdish Agarwal, spokesman for the Solar Independent Power Producers Association, which opposes trade barriers.


If Asia’s third-biggest solar market imposes duties, it would escalate a protectionist trend that’s threatening the viability of projects as they compete against conventional power. The US applied tariffs as high as 250 per cent on Chinese products in 2012, and the European Union followed with its own measures a year later. Australia yesterday announced a dumping probe.


“

India, which had virtually no solar power in 2010, has built $10 billion of projects and driven down the cost of generation by half, making it cheaper today than grid power in Delhi and Mumbai. Tariffs will derail that trajectory, making solar power more expensive and causing projects to fail


Vinay Rustagi, joint managing director of Bridge to India Energy Pvt

India, which had virtually no solar power in 2010, has built $10 billion of projects and driven down the cost of generation by half, making it cheaper today than grid power in Delhi and Mumbai. Tariffs will derail that trajectory, making solar power more expensive and causing projects to fail, said Vinay Rustagi, joint managing director of Bridge to India Energy Pvt, a New Delhi-based consulting company.


‘Wafer-thin margins’

“It will make most large-scale projects, currently developed on wafer-thin margins, unviable,” Rustagi said. Developers, who depend on imports for 90 per cent of panels, could back out of projects, government programs may be scrapped, and India could set itself back two years on its goal to make solar competitive with conventional power, he said.


The document sent out this week was the first indication of which side India’s government is favoring since the start of the probe in November 2012. The dispute pits local panel and cell makers against project developers and overseas manufacturers.


“We disagree that we have dumped imports,” Tempe, Arizona-based First Solar, the largest US panelmaker, said in an e-mailed statement. “The preliminary decision by the Indian authorities, if upheld, would make serving the Indian market very difficult.”


The ministry has until May 22 to decide whether to impose duties before the case expires. Any tariffs it proposes could take six months to implement and may be scrapped by a new government, said Bridge to India’s Rustagi.


Results in national elections will be announced tomorrow. Narendra Modi, the frontrunner who pioneered India’s first incentives for large-scale solar power, has called for a clean-energy revolution during the campaign.


Inferior quality

The document upheld many of the arguments submitted by domestic makers Indosolar Ltd, Websol Energy System Ltd and Jupiter Solar Power Ltd, concluding that “the domestic industry suffered material injury due to dumped imports.”


The ministry dismissed arguments by the opposing side that Indian products are inferior in quality. Opponents including China Sunergy Co, Canadian Solar Inc and JA Solar (JASO) Holdings Co cited World Trade Organization rules, which say an anti-dumping probe can’t be initiated if the producers supporting the application account for less than 25 per cent of national production. Indosolar, Websol and Jupiter account for just 12 per cent, according to the opponents’ submissions.


Project dropped

The value of photovoltaic imports into India has reached $2.4 billion since 2010 when the nation started its solar program, according to commerce ministry data. Domestic manufacturers benefited little from that growth, idling 70 per cent of their production capacity after losing orders to foreign competitors.


Duties won’t create globally competitive Indian manufacturers because they can’t match the scale of Chinese rivals, according to Bridge to India. BlackRock Inc-backed SunEdison Inc dropped a project in India last month on doubts that local producers can meet demand.


The annual production capacity of China’s Yingli, the world’s biggest panelmaker, dwarfs the largest Indian maker by 10 times, according to data compiled by Bloomberg. If India imposes tariffs, developers would probably look to Singapore and South Korean suppliers instead, said Jenny Chase, head of solar analysis for Bloomberg New Energy Finance in Zurich.


Parties involved in India’s anti-dumping probe have until tomorrow to respond to the document.


Yingli spokeswoman Qing Miao wasn’t available when called at her office and didn’t respond to an e-mail requesting comment. JA Solar and Canadian Solar, also among the biggest Chinese exporters to India, didn’t respond to inquiries.


Commerce Secretary Rajeev Kher and D.P. Mohapatra, a director in the ministry who signed the document, didn’t respond to e-mails and phone calls seeking comment.


Source:- eco-business.com





India's Cil Expected To Decide On Imported Coal Contract By End-May

India's largest coal producer Coal India Limited is expected to decide whether to award a contract for thermal coal imports at its next board meeting set for late May, a source said Thursday.


CIL received a single bid from government trading firm MMTC in response to a tender it issued earlier this year to import 5 million mt of thermal coal.


If the board approves the deal, CIL will sign an import agreement with MMTC and specify the quality and quantity of the coal to be imported along with the delivery schedule, the source said.


CIL invited bids from government trading firms seeking 5 million mt of thermal coal imports of any origin on its behalf and supply to various power plants until September 2015. The tender was reissued after it drew no responses in November.


The tender asked for bidders interested in importing, handling and transporting the coal to power plants.


CIL, which produces more than 80% of India's coal output, is facing a shortfall under fuel supply agreements signed with power plants.


The agreements require CIL to meet 80% of the plants' coal needs, with 65% of the contracted amount from domestic sources and another 15% through imports.


It aims to import two types of coal. For the first type, it sought coal of 5,800-6,500 kcal/kg ADB, having 10-20% total moisture as received, 8-20% ash air dried and 0.7-0.9% sulfur air dried.


Specifications for the second type include 5,300-5,800 kcal/kg ADB with up to 32% moisture as received, up to 20% ash air dried and sulfur up to 1% air dried.


Source:- platts.com





‘Outdoor catering service’ not eligible for cenvat credit if number of workers below 250

Cenvat Credit : 'Outdoor catering service' is eligible for credit only if : (a) canteen is provided by manufacturer in discharge of statutory obligation under Factories Act; and (b) cost thereof is factored into cost of production of final product


HC rejects reassessment notice issued merely to get extended time to complete block assessment

IT : Where in course of block assessment proceedings, seized material was available with revenue and thus there was no reason to hold that assessee had failed to disclose fully and truly material facts necessary for assessment, Assessing Officer could not issue notice under section 148 merely to seek extension of period of limitation for completing block assessment


Rules uploaded on MCA portal under Companies Act, 2013 won't be effective until their publication in

CL : Bombay High Court questions application of Rules framed under Companies Act, 2013 from 1-4-2014, without they being notified in Gazette


SC : Order dictated in open Court in criminal case can be recalled or reviewed until it is signed an

SC : Unless the judgment is signed and sealed, it is not a judgment in strict legal sense and, therefore, in exceptional circumstances the order can be recalled and altered to certain extent


Allowing exclusive import into India by ‘Lamborghini’ to one of its group cos. wasn’t anti-competiti

Competition Law: Where OP appointed its group company as exclusive dealer and asked existing dealer to terminate dealership agreement and brought into effect a fresh dealership agreement with new dealer, it could not be anti-competitive


Banking route was not sacred if creditworthiness of lenders weren’t proved; additions for cash credi

IT : Where even though assessee took unsecured loan through cheques, yet he could not establish identity and creditworthiness of lenders, amount of loan was rightly added to assessee's taxable income under section 68


TP addition deleted as functionally dissimilar comparable was chosen by TPO after rejecting suitable

IT/ILT: Where in course of transfer pricing proceedings, TPO made adjustment to assessee's ALP in respect of import of components of automobiles, in view of fact that one of comparables selected by TPO was inappropriate on account of functional difference whereas another comparable rejected had been considered as appropriate comparable by DRP in preceding year, impugned adjustment was to be set aside and matter was to be remanded back for disposal afresh


No concealment penalty under MP VAT Act if discount was claimed by dealer via credit note subsequent

CST & VAT: Where Assessing Authority had disallowed assessee's claim with regard to transportation and freight charges and payment made through credit note and also imposed penalty upon it under section 64(1) of Madhya Pradesh Value Added Tax Act, 2002, in view of law laid down by Supreme Court in a similar context, imposition of penalty was not justified


HC dismissed winding-up plea as petitioner couldn’t prove that respondent had admitted overdue of de

CL: Where from e-mail exchanged between parties there was no clear admission of debt by contracting party, winding-up petition would not be maintainable


Wednesday, 14 May 2014

No penalty if investment in sec. 54EC bonds was made a few days after prescribed time-limit under bo

IT : Where purchase of specified bonds just a few days beyond period of six months was under a bona fide mistake, exemption under section 54EC could be denied but penalty under section 271(1)(c) could not be levied


Case remanded to decide I-T exemption on receipt of incentive bonus to meet exp. on procuring LIC bu

IT : Where assessee, a Development Officer in LIC, received incentive bonus in order to reimburse expenditure required to be incurred for procuring business and claimed that part of incentive bonus was required to be exempted under provisions of Act, Commissioner was directed to decide issue keeping in view decision of Gujarat High Court rendered in case of CIT v. Kiranbhai H. Shelat [1999] 235 ITR 635


Mere dilution doesn’t amount to manufacture unless other ingredients are also added to form a new pr

Central Excise : Mere dilution by way of addition of water does not amount to 'manufacture'; however, where other ingredients are also added in laboratory resulting into new and different products, same shall amount to manufacture


HC upheld sec. 68 addition as assessee failed to substantiate genuineness of loan transaction

IT : Where in support of loan transactions, assessee could not bring any evidence on record including names and addresses of creditors, authorities below rightly concluded that said transactions were bogus and, thus, loan amount was to be added to assessee's income under section 68


Hiring fees received from State Roadways for buses provided to them were liable to ST under ‘rent-a-

Service Tax : Hire charges from State Roadways for buses supplied under specific contract are prima facie liable under 'rent-a-cab service' and not 'supply of tangible goods service