Monday, 13 July 2015

India Passing Through A Challenging Phase Especially In Exports: Dgft

India is passing through a "challenging phase", particularly in exports, but underscored government's commitment on ensuring ease of doing business, Director General of Foreign Trade (DGFT), Pravir Kumar said in Chennai on Sunday.

"Right now, we are passing through a challenging phase, particularly in exports. In the past six months, there have been global issues, global turmoil also... so the exports are not doing as well as we would like to," he said.

Addressing an Open House organised by Federation of Indian Export Organisations (FIEO) Chennai, Kumar said even "winning sectors" have been facing problems in the past few months, reports media.

However, the government is prepared to face the situation as "we have the inner strength and depth to absorb," any such short-term problems.

Certain "external" factors such as the "problem in Greece or problem in China" are beyond our control, but "we have to live with it," and come up with innovative ways to circumvent the problems arising out of these, he added.

However, at the internal level, the government's endeavour should be to make things easy, and "the best we can do is make trading easy," he said.

"You must be aware that the government has come up with the new foreign trade policy and you realise that the main thrust of the new foreign trade policy is on ease of doing business, making trading easy," he added.

Reducing the number of documents required for export-import is "just one of the steps" by the government in its endeavour to make ease of doing business, he said.

Meanwhile, the DGFT also recalled his department launching online payment of fee yesterday, which again is a part of efforts to ensure ease of doing business.

Further, the Revenue Department is working on a single window clearance system for customs procedures and once this takes shape in about six months it would be a major initiative, he added.

Kumar also urged exporters to do trade with countries which had signed Free Trade Agreements with India.

Source:- smetimes.in



Steel Imports Jumps 50% In First Three Months; Consumption Up 7.1%

Growth in consumption, JPC said: "Such growth stemmed both from rising production for sale (up by 2.8%) and most importantly, imports (up by 53.1%) during this period and in general, is in sync with the overall growth trends noticed in major macroeconomic parameters -- the IIP and the Core Sector Index."

India's steel imports surged over 53% in the April-June quarter of the current fiscal indicating that domestic producers continue to face pressure from cheap inbound shipments from countries such as China, Japan and Korea.

Steel consumption however grew by 7.1% to 20.10 million tonnes (MT) in the first quarter of 2015-16 helped by cheaper imports and increased production of saleable steel, shows the latest data by Joint Plant Committee (JPC), under the Steel Ministry.

Total finished steel imports grew 53.1 per cent to 2.545 MT in April-June as against the year-ago period. But imports in June 2015 were down 4.7 per cent at 0.873 MT from May. Compared to June last year, imports rose by 49.5 per cent. In the fiscal 2014-15, imports grew 71 per cent to 9.32 MT compared to 2013-14, making India a net importer of the metal.

To check rising imports, the government last month raised basic customs duty (BCD) on some long and flat steel products by 2.5%. Import duty on flat steel products was increased to 10% from 7.5%, while for long steel products it was raised to 7.5% from 5%.

During June itself, India slapped anti-dumping duty of up to $316 per tonne on imports of certain steel products from three countries, including China, to protect domestic producers from below-cost inbound shipments.

On growth in consumption, JPC said: "Such growth stemmed both from rising production for sale (up by 2.8%) and most importantly, imports (up by 53.1%) during this period and in general, is in sync with the overall growth trends noticed in major macroeconomic parameters -- the IIP and the Core Sector Index."

Domestic steel consumption fell by 3.3% in June this year to 7.175 MT against last month, but was up 6.6% compared to June 2014, it added. The export of total finished steel fell by 31.7% in April-June 2015-16 to 0.991 MT against the year-ago period.

Exports in June increased by 14.1% to 0.32 MT compared to May 2015, but decreased by 25% against June 2014. Production for sale of total finished steel registered a growth of 2.8% at 23.71 MT during April-June compared to the same period of last fiscal.

In the first quarter of 2015-16, crude steel production grew by only 0.9% to 22.511 MT against the same quarter of 2014-15. ISP Producers (SAIL, RINL, TSL, Essar, JSWL and JSPL) together produced 11.765 MT, while the rest -- 10.746 MT -- came from Other Producers.

Crude steel production by ISP Producers grew by 4.3% compared to the same period of last year, but that by the Other Producers saw a decline of 2.7% during the same period.

Source:dnaindia.com



Cotton Counter Looks Up On Increase In Export Demand

There has been a sudden spurt in export demand for cotton from some of the overseas markets, which has helped firm up cotton prices in recent times. While prices of the benchmark Shankar 6 variety has jumped three per cent to Rs 9,617 a quintal from Rs 9,336 nearly two-three weeks ago, cotton futures for near-month delivery saw 1.3 per cent gain at Rs 9,665 a quintal on the Multi-Commodity Exchange. The market hopes for even higher demand in the days ahead.

However, Indian Cotton Federation (ICF) feels export demand still remains sluggish. With China, the top destination for Indian cotton, remaining inactive in importing the commodity, exports are unlikely to see significant growth this year. In the 2014-15 season that started in October 2014, the cotton supply situation is likely to remain the same as in the 2013-14 season, ICF feels.

Cotton is predominantly a monsoon or kharif season crop. It is planted from the end of April through September and harvested during the winter. India accounts for about one-third of the global cotton area. Two-thirds of India’s cotton is produced in states like Odisha, Maharashtra, Madhya Pradesh and Gujarat, where much of the crop is rain-fed. North India, comprising Punjab, Haryana and Rajasthan, produces cotton under irrigated conditions and accounts for 15 per cent of total production. Andhra, Karnataka and Tamil Nadu contribute 30 per cent down south.

The latest cotton report released by the US department of agriculture (USDA) suggests India’s cotton output is expected to decline for the second consecutive year to 37.5 million bales in the marketing year 2015-16 mainly due to a likely drop in yields on account of delayed sowing, weather issues and low realisations.

For the 2014-15 marketing season (August-July), USDA has forecast cotton output to be 38 million bales, while the government has projected it at 35.3 million bales (one bale equals 170 kg of cotton).

India’s cotton output is projected to be 37.5 million bales from 12 million hectares harvested, the USDA report said. The Cotton Advisory Board, on its part, said the country’s total production during 2013-14 stood at 39 million bales and ICF estimates the production for 2014-15 at around 38.7 million bales.

These numbers need to be seen in the light of the recently-released report of the International Cotton Advisory Committee (ICAC), which said the world’s cotton area is expected to decline by 6 per cent to 31.3 million hectares in 2015-16 due largely to lower prices in 2014-15. In India, the cotton area is projected to decrease by 5 per cent to 11.6 million hectares in 2015-16, the report said, adding that, falling prices for competing crops and a modest increase in the MSP may forestall a greater decline.

India exported 90 lakh bales of cotton in 2013-14. Exports are likely to end up at nearly 45 lakh bales this year with 35-37 lakh bales already exported as of June 30.

According to textile industry sources, India is losing its market share in cotton and man-made fibre (MMF) categories, as most of the products are made of coarse cotton yarn and MMF prices are at least 25 per cent higher than the rates prevailing in the competing countries. Under the “make in India” initiative, the government has lined up an ambitious plan for putting up a modern apparel/garment manufacturing centre in each of the northeast states. Analysts feel the focus on domestic manufacturing should raise local demand of cotton considerably.

Source:mydigitalfc.com



Assessee may claim refund arising due to clerical mistake without challenging the assessment order

Excise & Customs : Where duty has been paid based on incorrect exchange rate, there is no need to challenge assessment order in appeal/revision; assessee may claim refund arising due to application of correct exchange rate without challenging assessment order

Delhi Vidhansabha hikes upper cap of VAT on certain goods including liquor, petrol and cold drinks

VAT/DELHI : Delhi Value Added Tax (Second Amendment) Bill, 2015

Sum incurred on repairing of roads to facilitate movement of goods manufactured by assessee was allo

IT: Sum incurred on repairing of roads to facilitate movement of goods manufactured by assessee was allowable

India: Thermal Coal Imports Soar 23% At 12 Major Ports

Import of thermal coal jumped 23 per cent to 24.08 million tonnes at 12 major ports in the first quarter of the fiscal, even as the government continues to push for boosting domestic production of the fuel.

Handling of coking coal, which is used mainly for steel-making, however remained nearly stagnant with less than 1 per cent increase in the period at 8.17 MT, according to the Indian Ports Association (IPA).

These 12 major ports had handled 19.62 MT and 8.10 MT of thermal and coking coal, respectively, in the first quarter of the previous fiscal.

Altogether, they handled 32.25 MT coal during the April-June quarter of the current fiscal as against 27.72 MT in the same quarter of the previous fiscal.

Coal is the mainstay of India’s energy programme as 70 per cent of power generation is dependent on the dry fuel, while Coal Minister Piyush Goyal has been emphasising the need to increase the production by state-run Coal India.

India is the third-largest producer of coal, after China and the US, and has 299 billion tonnes of resources and 123 billion tonnes of proven reserves, which may last for over 100 years.

India has 12 major ports — Kandla, Mumbai, JNPT, Marmugao, New Mangalore, Cochin, Chennai, Ennore, V O Chidambarnar, Visakhapatnam, Paradip and Kolkata (including Haldia) which handle approximately 61 per cent of the country’s total cargo traffic.

Thermal coal is used in power generation and with the world’s largest miner Coal India, which accounts for over 80 per cent of the domestic requirement consistently failing to meet its target as well as demand of the firms, the power plants resort to imports.

Less production coupled with increased demand from power firms is further widening the demand-supply gap in the country, which is likely to widen to 185.5 MT in 2016-17.

Coal India could record barely a 31 MT increase in coal production in four years from 2010 to 2014, but in 2014-15, it recorded an increase of 32 MT. For the current fiscal, CIL’s production target has been fixed at 550 MT.

CIL missed the production target for 2014-15 by 3 per cent recording an output of 494.23 MT. The company’s output target was 507 MT for the fiscal. In 2013-14, the company had clocked production of 462.53 MT against a target of 482 MT.

In 2012-13, Coal India produced 452.5 MT of coal, falling short of the 464 MT goal. The Centre has announced plans to boost Coal India’s annual production to the level of 1 billion tonnes by 2019 to meet growing fuel demand.

Source:hellenicshippingnews.com



Punjab Govt reduces penalties for wrongly claimed refund of VAT

VAT/PUNJAB : Punjab Value Added Tax (Third Amendment) Rules, 2015 – Amendment in Rule 52B

Delhi Vidhansabha hikes upper cap of VAT on certain goods including liquor, petrol and diesel

VAT/DELHI : Delhi Value Added Tax (Second Amendment) Bill, 2015

Rupee Opens Lower At 63.45 Against Us Dollar

The Indian rupee on Monday weakened against the dollar as the Index of Industrial production (IIP) numbers for May were below expectations.

The local unit opened at 63.45 per dollar. At 9.09am, the home currency was trading at 63.46, down 0.10% from its previous close of 63.40. Industrial production grew by 2.7% in May 2015 against expectations of 4.4%, led by a sharp fall in capital goods and consumer goods data.

The Sensex index gained 0.28% or 77.92 points to 27,739.32 points in pre-opening trade. Among the Asian currencies, Hong Kong dollar lost 0.004%, Indonesian rupiah gained 0.113%, Japanese yen gained 0.180%, Malaysian ringgit lost 0.184%, Philippine peso lost 0.182%, Singapore dollar lost 0.059%, South Korean won lost 0.244%, Taiwan dollar gained 0.097% and Thai baht lost 0.141%.

The yield on India’s 10-year benchmark bond was trading at 7.89% compared with its Friday’s close of 7.80%. Bond yields and prices move in opposite directions.

Since the beginning of this year, the rupee has lost 0.68%, while foreign institutional investors have bought $13.26 billion from local equity and bond markets.

The dollar index, which measures the US currency’s strength against major currencies, was trading at 96.014, down 0.001% from the previous close of 96.025.

Source:livemint.com



CBDT lays down procedure for e-filing of return without sending ITR-V under 'Electronic Verification

IT/ILT : Section 139D of the Income-Tax Act, 1961 – Return of Income – Ereturns – Electronic Verification Code (EVC) for Electronically Filed Income Tax Return

Buyer may take credit of duty paid on non-excisable inputs

Cenvat Credit : Duty paid on non-excisable goods by supplier cannot be denied as credit in hands of buyer, because law does not require buyer to assess dutiability of goods and then, take credit; buyer may take credit of 'duty paid' irrespective of 'duty payable'

Appellate authorities rightly held that sale transaction of assessee was slump sale: Karnataka High

IT : Where both appellate authorities on consideration of entire material on record had concurrently held that sale was a slump sale placing reliance on order passed by Tribunal in connection with sister concern of assessee wherein on identical facts similar transaction was held as slump sale, no interference was called for

Sunday, 12 July 2015

Non-payment of duty due to bona-fide belief based on statement of Finance Minister doesn't attract e

Excise & Customs : Extended period of limitation cannot be invoked where : (a) non-payment of duty was due to bona fide view based on statement of Finance Minister seeking to withdraw duty; and (b) all details were supplied to department within a few days of asking for information

No denial of sec. 54F relief when assessee gets multiple flats from builder under joint development

IT : Where in terms of development agreement, assessee handed over physical possession of property to builder allowing it to enjoy 60 per cent of land in lieu of 40 per cent of constructed area, it was to be concluded that transfer took place in year in which said agreement was entered into

Banks to report restructured agricultural loans due to natural calamities to Credit Information Comp

BANKING : Data Format for Furnishing of Credit Information to Credit Information Companies and Other Regulatory Measures

India To Be Honda’S Parts Export Hub, Eyes Rs. 1,100Cr In Fy16

Japanese car maker Honda Motor Co., Ltd plans to make India an export hub for auto components by enhancing supply from New Delhi to its various international operations, while it also looks to enhance overseas shipping of global models produced in the country.

The company, which exported auto components worth Rs.722 crore in 2014-15, is looking for over 50% increase to Rs.1,100 crore in the ongoing fiscal by adding more countries such as the US, China and Canada to its basket. “We have been exporting a lot of components from India. We are definitely looking to increase exports from here as we want to make it a global export hub,” Honda Cars India President and CEO Katsushi Inoue told PTI.

Honda’s exports of auto components from India has been gradually increasing. In 2013-14, its component exports had a turnover of Rs.420 crore. It ships different engine parts, forgings and transmissions along with others, which are produced at its Tapukara plant in Rajasthan to a host of global operations.

These include Japan, Thailand, Malaysia, Indonesia, Philippines, Taiwan, Vietnam, UK, Brazil and Mexico. Soon, it will start exporting components to its operations in US, China and Canada. Inoue said Honda was very much in consonance with Prime Minister Narendra Modi’s Make in India initiative.

“Honda’s expectations from India is very high. There is a huge potential ahead...Currently it’s the fourth biggest market for us after the US, China and Japan,” he added. On exports of cars from India, he said Honda will look to increase the volumes but “it will be to right hand drive countries”.

Honda Cars India exported 8,403 units last fiscal while in 2013-14 it had shipped out 5,798 units across various markets. In the first quarter of the current fiscal, the company has already exported a total of 1,858 units. Keeping with its focus on exports, the company, which had recently re-launched its premium hatchback Jazz in India had started exporting the model ahead of its launch here.

The company also exports models like hatchback Brio, compact sedan Amaze, mid-sized sedan City and multi-purpose vehicle Mobilio. Honda Cars India Ltd (HCIL) exports mostly to South Africa and neighbouring countries Nepal and Bangladesh. It is exploring other options to increase the export market.

While Amaze, Jazz and City are manufactured at the Tapukara facility, other models like Brio and Mobilio are rolled from its Greater Noida factory. Commenting on the Indian market, Inoue said: “Indian market is growing, the young generation is entering car market. It is an important market for us.”

Source:livemint.com



Jnpt On Govt’S Radar Before World Bank’S 2016 Report

With the World Bank’s Doing Business report 2016 to be released soon, the ministries of finance and shipping are in urgent talks to improve the functioning at the Jawaharlal Nehru Port Trust (JNPT), which handles over 50 per cent of India’s container trade.

The spotlight on the JNPT port is in wake of the Doing Business report of 2015, which ranked India at 126 out of 189 countries under the ‘Trading Across Borders’ component, based on the export and import taking place at the JNPT Port, Mumbai.

“The ranking by the World Bank was done on the basis of three parameters including number of documents required for export/import; time taken in the process of export/import; and cost of exporting /importing a consignment. The revenue secretary and the shipping secretary met recently to discuss the measures which need to be taken on an urgent basis,” a government official told The Indian Express.

Among the many challenges, lack of buffer yards and parking areas for containers, high parking charges, lack of e-delivery of orders and single-window clearance are the most prominent ones at JNPT.

JNPT handled 4.12 million TEUS in 2013 and handles approximately half of India’s containerised throughput. The World Bank report said that in India (Mumbai), exporting a standard container of goods requires seven documents, takes 16 days and costs $1,120. Importing the same container of goods requires 10 documents, takes 20 days and costs $1,250.

“After the meeting it has been decided to convince private container terminal – Nhava Sheva International Container Terminal (NSICT) and Gateway Terminals India (GTI) – to construct new parking lots and operate them on pay and park basis. Permanent solution for reducing the congestion is construction of a flyover to the port and that will take some time. Meanwhile the JNPT has been asked to widen roads to the port within 2-3 months,” the official added.

In fact, several Japanese companies recently took up the issue of inadequate infrastructure. “The shipping lines charge exorbitantly… The ministry has urged the shipping lines to move to automated system of e-delivery orders and bring down the cost,” the official said. Currently only 9 of 34 shipping lines issue e-delivery orders.

To streamline the movement of containers, a railway line at the port and a 6-8 lane evacuation corridor is proposed at Rs 3,200 crore to be operational in 2-3 years.

Source:financialexpress.com



Duty On Wheat Imports Is A Retrograde Step

The food ministry’s move to impose 10% import duty on good quality wheat for enabling sale of the government’s poor quality wheat procured this year is laughable, to say the least, and irrational any way. Apparently, the view is that unless market buys lower quality wheat at the official price and policy, the government will block import of good wheat that is being currently imported at a lower price by the trade in southern India.

The greatest single ambiguity is that if Maggi noodles could be banned for non-compliance with specifications, why the sale of low quality wheat is being promoted by virtually denying acquisition of superior cereal from abroad (currently Australia) at cheaper prices by millers/traders, especially from southern India. The huge difference in wholesale prices prevailing in the south and the rest of India justifies imports on commercial prudence.

Normally, south Indian millers blend superior quality wheat with low quality grains as “filler”, so that customised flour (atta) for maida/rava/suji or bread/bakery making could be produced. The superior variety has suffered severe shortfall this year due to unseasonal rains in Madhya Pradesh. If the government decides to clamp down on production of such customised flour, low quality wheat that could be used as “filler” cannot also be easily consumed.

Thus, the government itself disables consumption of its wheat.

By official admission, about 30% of the 27 million tonnes (or 8 million tonnes) bought this year (2015-16) by the government is of poor quality. It remains unclear if most of grains procured “under relaxed norms (URN)” is classified as “poor quality” or URN wheat is somewhat superior to the “poor quality”. Does poor quality mean inedible for human consumption? Of the 4 million tonnes offered under OMSS till May 2015, only 5,000 metric tonnes could be sold. Is the questionable quality the prime reason for tardy disposal?

A Times of India report of January 29, quoting FCI officials, mentions that 90% of the 27 million tonnes of wheat procured this year URN—24 million tonnes—equivalent to the annual production of Australia, carries higher percentages of shrivelled, broken grains and lacks lustre. Such wheat is suitable for making chapatis (unleavened flat bread) but it suffers from shorter shelf life and needs to be consumed in less than a year.

To clear the confusion, the government may come out with facts and figures of availability of (1) good quality, (2) URN, and (3) inedible grains for human use. Any alternative course of action for their evacuation can be evaluated and planned thereafter.

The government has not notified any differential between good and lower quality grains. There is no pick-and-choose option. It is a matter of common sense that a commodity with varying specifications cannot be sold at the same price when the authorities themselves have determined a large tonnage as “of lower quality”.

Wheat of URN or lower parameters at OMSS price of Rs 1,550 per quintal plus freight and incidentals costs around Rs 1,900 per quintal in south India, versus imported grain at Rs 1,850 per quintal. Though these two qualities are not mutually comparable, still the value of better type of imported produce is cheaper. Since the WPI wheat inflation is down to about 3%, the imposition of 10% implies that the government is spurring inflation domestically, simply because holdings stuck with FCI or state governments are to be bailed out due to lack of ideas for their disposal.

Indian wheat consumption sans export is about 85 million tonnes per annum. The import of half to one million tonnes in southern India is not likely to accelerate disposal process of FCI or the government of about 20 million tonnes by adding 10% duty component. The government may also have to weigh in the political consequences of distributing “poor quality” wheat under PDS. Is there any rationalisation for penalising consumers because producers were protected? Should PDS consumers become guinea pigs for using substandard wheat, simply because it is subsidised?

For the open market sale, the government has to reduce the price for saleability in the market. That can be determined by open auction without any pre-fixation to OMSS of Rs 1,550 per quintal. The rate of disposal is directly dependent on the minimum price acceptable in open market for lower/poor quality grains.

Lustre loss wheat was classified of lower category in 2002-03 and was offered as “feed wheat”, for which there is abundant demand in India and abroad. About 4 million tonnes was exported at discounted values of 20-25% from the normal values. The authorities should have the courage of declaring suboptimal quality as feed wheat. For example, if OMSS of such wheat is discovered at, say, Rs 1,100 per quintal, the rate of disappearance will be phenomenal.

The problem in the bureaucratic set-up is no official agency is prepared to discount the price as the loss will have to be booked with reasonable justifications. But burdening 10% duty on wheat import may mean some action on paper, even though it may defy the objective.

The government must come out transparently with various qualities and quantities it has stocked, declare poor quality as feed wheat, apply calibrated discount to lower quality wheat, and then sell locally. If still the consumption does not pick up, it can export 5-6 million tonnes as feed wheat at global market price. Let the good grain be distributed under PDS to avoid political complications and shun the levy of import duty.

Source:financialexpress.com



India Passing Through A Challenging Phase Especially In Exports: Dgft

India is passing through a "challenging phase", particularly in exports, but underscored government's commitment on ensuring ease of doing business, Director General of Foreign Trade (DGFT), Pravir Kumar said in Chennai on Sunday.

"Right now, we are passing through a challenging phase, particularly in exports. In the past six months, there have been global issues, global turmoil also... so the exports are not doing as well as we would like to," he said.

Addressing an Open House organised by Federation of Indian Export Organisations (FIEO) Chennai, Kumar said even "winning sectors" have been facing problems in the past few months, reports media.

However, the government is prepared to face the situation as "we have the inner strength and depth to absorb," any such short-term problems.

Certain "external" factors such as the "problem in Greece or problem in China" are beyond our control, but "we have to live with it," and come up with innovative ways to circumvent the problems arising out of these, he added.

However, at the internal level, the government's endeavour should be to make things easy, and "the best we can do is make trading easy," he said.

"You must be aware that the government has come up with the new foreign trade policy and you realise that the main thrust of the new foreign trade policy is on ease of doing business, making trading easy," he added.

Reducing the number of documents required for export-import is "just one of the steps" by the government in its endeavour to make ease of doing business, he said.

Meanwhile, the DGFT also recalled his department launching online payment of fee yesterday, which again is a part of efforts to ensure ease of doing business.

Further, the Revenue Department is working on a single window clearance system for customs procedures and once this takes shape in about six months it would be a major initiative, he added. Kumar also urged exporters to do trade with countries which had signed Free Trade Agreements with India.

Source:smetimes.in



Rupee Depreciates Against Us Dollar

Rupee depreciated 6 paise to 63.45 against dollar in intraday trade today. The domestic unit had settled flat at 63.39 against the US currency on Friday. Dollar index, which tracks the movement of dollar against a basket of major world currencies, stood at 96.03.

Euro fell 0.30 per cent to 1.11 against the greenback as uncertainty over Greece continues, with the debt-ridden country and international creditors failing to break the deadlock over the bailout terms. Greece has now been given a new deadline to pass new laws as a condition for negotiations on a bailout.

Source:economictimes.indiatimes.com



Act of non-payment of service tax after its collection can't be claimed to be done under a bona fide

Service Tax : Non-payment of collected service tax and showing NIL tax liability in returns, cannot be regarded as done under a bona fide belief; hence, penalties under sections 76 to 78 cannot be waived by resort to section 80

Grant of sec. 10B exemption on interest on FD is a mistake apparent from record; rectification allow

IT : Where interest earned by assessee from deposits with bank, electricity board and on staff advances did not have direct or immediate nexus with its business undertaking, grant of interest under section 10B was a mistake apparent from record and, hence, intimation under section 143(1) was rectifiable under section 154

Filing of docs of registration of charge proved that debenture trustee had pari passu charge over Co

CL : Where necessary documents for registration of charge under section 125 in favour of appellant in respect of immovable properties of respondent No. 1 company had been submitted by company, appellant held pari passu charge as secured creditor in properties of company

Saturday, 11 July 2015

RBI issues directions for approval of acquisition or transfer of control of NBFCs

NBFCs/INDIAN ACTS & RULES : Non-Banking Financial Companies (Approval of Acquisition or Transfer of Control) Directions, 2015

RBI notifies new annual returns forms for non-deposit taking NBFCs with assets size below 500 crores

NBFCs : Returns to Be Submitted by NBFCs (Asset Size below Rs.500 Crore)

CBDT upset with frivolous filing of appeals by officials; reiterates its stance of filing appeals in

IT : Filing of appeals on merits – Observation of courts – Instructions to it department to ensure optimal utilisation of available resources to obtain maximum benefit out of litigation

Govt. notifies manner of computing foreign holding in an Indian Insurance Company

INSURANCE/INDIAN ACTS & RULES : Indian Insurance Companies (Foreign Investment) Amendment Rules, 2015 – Amendment in Rule 2

CBDT announces guidelines for NGOs seeking Sec. 11 exemption on providing relief to earthquake victi

IT : Section 11, read with Section 12AA, of the Income-Tax Act, 1961 – Charitable or Religious Trust – Exemption of Income from Property Held under – Standard Operating Procedure (Sop) for Making Application for Claim of Tax Exemption under Section 11(1)(C) in Respect of Remittance of Money/relief Articles by Indian Ngos/charitable Organisations for Earthquake Hit People in Nepal

Govt. designates City Civil court no. 22, Mumbai for issuing order for seizure of book, records u/s

SEBI : Section 26A of the Securities & Exchange Board of India Act, 1992, Read with Section 26A of the Securities Contracts (Regulation) Act, 1956 and Section 22C of the Depositories Act, 1996 - Special Courts - Establishment of - Notified Special Court

CCI hikes lump sum monthly remuneration of experts and professionals including research associates

COMPETITION ACT/INDIAN ACTS & RULES : Competition Commission of India (Procedure for Engagement of Experts and Professionals) Amendment Regulations, 2015 – Amendment In Regulation 6 and Schedule III

NR entities can undertake single brand retail trading of specific brand through more than one Co. in

FDI/FEMA/ILT : Consolidated FDI Policy Circular of 2015 – Clarification on FDI Policy on Single Brand Retail Trading1

CBEC releases new system for detailed manual scrutiny of service tax returns

ST LAWS : Return – Revised Guidelines for Scrutiny of ST-3 Returns

A matter can't be decided by relying on earlier decision of Tribunal which is challenged in High Cou

CST & VAT: Gujarat VAT - Where Tribunal had remanded matter to First Appellate Authority with direction to decide appeal of assessee following its decision rendered in case of ONGC Ltd., since appeal against decision in case of ONGC Ltd. was pending before High Court, Tribunal could not have insisted for disposing of appeal following its decision

Delay condoned as there was unintentional delay in filing of appeal

CST & VAT : Haryana VAT - Where against order of Commissioner, assessee filed appeal before Tribunal late by 155 days along with application seeking condonation of delay and submitted that due to different levels of decision making authorities, there was delay in taking final decision of filing appeal before Tribunal, there was sufficient cause for delay in filing appeal

AO gets flak from ITAT for making sec. 14A disallowance by giving retro-effect to Rule 8D

IT : Disallowance made by Assessing Officer under section 14A by applying rule 8D on exempt income earned by assessee for assessment year 2006-07, would not be sustainable as rule 8D applies from assessment year 2008-09 and it not being retrospective would have no application

Input credit of insurance services may be taken on basis of insurance policy

Cenvat Credit : Input service credit of marine insurance services meant for export goods may be taken on basis of insurance policy, if such policy contains all requisite particulars including registration number and component of service tax

Non-availability of ads of medical relief camps provided by trust won't lead to denial of its regist

IT: Where assessee-society was carrying out charitable activities by organizing medical relief camps for underprivileged sections of society, it could not be refused registration under section 12A on grounds that there was no evidence of holding such camps by way of advertising, etc., or that it did not have complete address of persons getting relief through such camps

Summon order issued under sec. 630 was quashed as board resolution by which complaint was filed was

CL : Where board resolution on basis of which a complaint under section 630 was filed against petitioner was itself under dispute, complaint was not to be dismissed but summoning order passed by trial Court in that complaint was to be quashed

Management/IT courses not recognized by law aren't vocational training courses; liable to service ta

Service Tax : Courses in field of Information Technology, Marketing, Personnel Management, Human Resources Development, etc. which were not recognized by law are liable to service tax and they are not eligible for exemption in respect of 'vocation training'

Case of co. was transferred for coordinated investigation at a place where director of Co. had purch

IT : Where during survey it was found that managing director of assessee-company, had purchased plots in his name and his wife's name in Hyderabad and paid consideration from account of assessee-company and from their individual accounts, assessment case of assessee was transferred to Hyderabad for coordinated investigation

Sum paid to check design/quality of Fire protection system wasn't 'FTS' as it didn't satisfy make av

IT/ILT : Where Finnish enterprise merely provided services to assesse-Indian company to ensure that HV AC, Electrical and Fire Protection systems to be installed by contractor at assessee's factory were of suitable design and quality, such services did not 'make available' any technical knowledge, skill or experience assessee nor was it consisted of development and transfer of a technical plan or technical design to assessee; thus, payments made to Finnish enterprise did not constitute FTS

Return of defective final goods in factory may be recorded as fresh inputs for taking credit thereof

Excise & Customs : Since rule 16 does not prescribe any records, return of defective final products may be accounted for as fresh inputs; and if assessee has shown issuance thereof, then, in absence of any evidence from revenue, they are deemed to have been subjected to re-manufacture

ITAT interprets Article 15 of India-Finland DTAA for supervisory services rendered by Finish enginee

IT/ILT : Where five Finnish engineers though belonging to a Finnish entity do not represent that entity in rendering supervisory services by the engineers for erection, commissioning of the plant in India and there is no agreement between the Indian Entity and the Finnish entity, the tests of taxability of IPS in Art 15(1)(a)(90 days or more presence in India in fiscal year and Art 15(1)(b)(fixed base regularly available to him in India) should be applied to each engineer individually. The perio

Construction of temporary shed to store materials for modernization and repairing of factory is elig

Cenvat Credit : Construction of temporary shed within factory premises for storing of cement and steel, etc. for set up, modernization, repair, etc. of factory, is eligible for input service credit

PIL filed against Insurance Co. by its ex-employee due to personal spat alleging violation of FDI no

CL : Where PIL filed by petitioner against insurance company and its executives for alleged violation of FDI regulation was coloured by personal prejudice of advocate of petitioner, petition was to be dismissed

Petty cash received from relatives couldn't be held as unexplained

IT : When credit was taken from family members, amount was petty and had been shown in books of account, then there was no occasion to make addition under section 68

Mere establishing identity of share applicants isn't sufficient to discharge onus under sec. 68

IT : Establishing identity of share applicant is not sufficient to discharge initial onus that lay on assessee under section 68; assessee has to further satisfy revenue as to genuineness of transaction and creditworthiness of share applicant or individual who is advancing amounts

AO doesn't have powers to change the margins set by TPO, unless specific direction is given by DRP

IT/ILT: Company mainly rendering high-end services involving specialized knowledge and domain expertise in field cannot be compared with assessee-company which was mainly engaged in providing low-end services

Maggi Noodles are still exempt under Gujarat VAT Act

CST & VAT : AP VAT : Where Tribunal had exempted 'Maggi Noodles' treating these as 'Sev' and such order wasn't challenged by Department and it proceeded to tax 'Noodles' by treating these as covered under 'Residuary Entry' and not under 'Sev', it could not take a view contrary to that of a Higher Forum, therefore, such order was liable to be quashed.

Advertisement exp. wasn't includible in transaction value if it was incurred by dealer out of genera

Excise & Customs : Clause in dealership agreements requiring dealers to 'make efforts for promoting sales' cannot be treated as a clause imposing legal obligation on dealers to incur certain level of expenses on advertisement; hence, advertisement expenses incurred and borne by dealers cannot form part of value

Delay condoned as there was unintentional delay in filing of appeal

CST & VAT : Haryana VAT - Where against order of Commissioner, assessee filed appeal before Tribunal late by 155 days along with application seeking condonation of delay and submitted that due to different levels of decision making authorities, there was delay in taking final decision of filing appeal before Tribunal, there was sufficient cause for delay in filing appeal

A matter can't be decided by relying on earlier decision of Tribunal which is challenged in High Cou

CST & VAT: Gujarat VAT - Where Tribunal had remanded matter to First Appellate Authority with direction to decide appeal of assessee following its decision rendered in case of ONGC Ltd., since appeal against decision in case of ONGC Ltd. was pending before High Court, Tribunal could not have insisted for disposing of appeal following its decision

Delay condoned as it unintentional delay in filing of appeal

CST & VAT : Haryana VAT - Where against order of Commissioner, assessee filed appeal before Tribunal late by 155 days along with application seeking condonation of delay and submitted that due to different levels of decision making authorities, there was delay in taking final decision of filing appeal before Tribunal, there was sufficient cause for delay in filing appeal

AO gets flak from ITAT for making sec. 14A disallowance by giving retro-effect to Rule 8D

IT : Disallowance made by Assessing Officer under section 14A by applying rule 8D on exempt income earned by assessee for assessment year 2006-07, would not be sustainable as rule 8D applies from assessment year 2008-09 and it not being retrospective would have no application

Friday, 10 July 2015

AO doesn't have powers to change the margins set by TPO, unless specific direction is given by DRP

IT/ILT: Company mainly rendering high-end services involving specialized knowledge and domain expertise in field cannot be compared with assessee-company which was mainly engaged in providing low-end services

Input credit of insurance services may be taken on basis of insurance policy

Cenvat Credit : Input service credit of marine insurance services meant for export goods may be taken on basis of insurance policy, if such policy contains all requisite particulars including registration number and component of service tax

Non-availability of ads of medical relief camps provided by trust won't lead to denial of its regist

IT: Where assessee-society was carrying out charitable activities by organizing medical relief camps for underprivileged sections of society, it could not be refused registration under section 12A on grounds that there was no evidence of holding such camps by way of advertising, etc., or that it did not have complete address of persons getting relief through such camps

Summon order issued under sec. 630 was quashed as board resolution by which complaint was filed was

CL : Where board resolution on basis of which a complaint under section 630 was filed against petitioner was itself under dispute, complaint was not to be dismissed but summoning order passed by trial Court in that complaint was to be quashed

Management/IT courses not recognized by law aren't vocational training courses; liable to service ta

Service Tax : Courses in field of Information Technology, Marketing, Personnel Management, Human Resources Development, etc. which were not recognized by law are liable to service tax and they are not eligible for exemption in respect of 'vocation training'

Case of co. was transferred for coordinated investigation at a place where director of Co. had purch

IT : Where during survey it was found that managing director of assessee-company, had purchased plots in his name and his wife's name in Hyderabad and paid consideration from account of assessee-company and from their individual accounts, assessment case of assessee was transferred to Hyderabad for coordinated investigation

A low risk captive software service provider can't be compared with 'Wipro'

IT/ILT : A low risk captive software service provider cannot compared to high risk bearing companies

Banks to report restructured agricultural loans due to natural calamities to Credit Information Comp

BANKING : Data Format for Furnishing of Credit Information to Credit Information Companies and Other Regulatory Measures

Sum paid to check design/quality of Fire protection system wasn't 'FTS' as it didn't satisfy make av

IT/ILT : Where Finnish enterprise merely provided services to assesse-Indian company to ensure that HV AC, Electrical and Fire Protection systems to be installed by contractor at assessee's factory were of suitable design and quality, such services did not 'make available' any technical knowledge, skill or experience assessee nor was it consisted of development and transfer of a technical plan or technical design to assessee; thus, payments made to Finnish enterprise did not constitute FTS

Return of defective final goods in factory may be recorded as fresh inputs for taking credit thereof

Excise & Customs : Since rule 16 does not prescribe any records, return of defective final products may be accounted for as fresh inputs; and if assessee has shown issuance thereof, then, in absence of any evidence from revenue, they are deemed to have been subjected to re-manufacture

India Mobile And Smartphone Market-Q2-2015

 

Indian Mobile Phone Market Monitor – Q2, 2015

 

The Overall Mobile Phone market in India stood at 60.8 million units in Q2-2015, which is a Q/Q growth of 12.4% and Y/Y decline of 2.5%.

Smartphones contributed 41% of the total mobile phone market with 25 million units in Q2-2015.

After showing a downtrend for two straight quarters, Smartphones market registered Q/Q growth of 23.5% and Y/Y growth of around 30%.

 

 

Ø  Samsung maintained its top position in overall mobile phone market with market share of 18.9%.

 

Ø  In Smartphone segment, although Samsung retained the top position with the market share of 21.5% in Q2-2015 but it witnessed a decline from market share of 28% in Q1-2015. During the same time period Smartphone market has registered Q/Q growth of 23.5%.

 

Ø  Micromax is going steady with its second position capturing market share of 12.6% in overall mobile phone market.

 

Ø  In Smartphone segment, Micromax has notched up its market share to 17.9% in Q2-2015. During Q2-2015 the domestic manufacturing of its smartphones has gone up to 2.5 million units contributing more than 50% of its smartphones portfolio.

 

Ø  INTEX, which entered the Top 5 vendors list of overall mobile phone market in Q4-2014, has continued its upward trend to reach 3rd position with 9.6% market share of overall mobile phone market in Q2-2015.

 

Ø  INTEX also maintained its 3rd rank in smartphone segment with market share of 10.2% and sales of over 2.5 million units of smartphones in Q2-2015.

 

Ø  LAVA including Xolo has reached no. 4 position by capturing market share of 8.2% of overall mobile market but it slipped down to 5th position in smartphone segment with 7% market share in Q2-2015.

 

Ø  Lenovo including Motorola has raced up to 4th position in Smartphone segment with 7.6% market share in Q2-2015. Its smartphone models A6000 & A6000-Plus did well to put Lenovo marginally ahead of Lava.

 

Ø  Microsoft-Nokia slipped down to 5th position in overall mobile market, down from 9.4% market share in Q1-2015 to 7.5% market share in Q2-2015.

 

-------------------------------------------------------------------------------------------------------------------------------------------------------

Methods

  • The report covers Imports of Completely Built Units (CBU) of Mobile Phones and also domestic manufacturing/assembling in India.

  • CBU figures are based on actual imports of Mobiles handsets into India. Mobile handsets which are in transit but not received in India by the end of quarter are not taken into account.

  • Domestic manufacturing figures are obtained from Imports of a key component used in mobile phone manufacturing.

 

Cybex Exim solutions Pvt Ltd. tracks Import and Export shipments of India and several other countries.  Cybex prepares analytical reports on various products like Mobile phones, Tablet-PCs, Data Cards, Notebooks etc.

 

Brand-wise Model-wise comprehensive monthly report is available for subscription.

For enquiries, please contact us at amit[@]cybex.in

 



A low risk capitive software service provider can't be compared with 'Wipro'

IT/ILT : A low risk captive software service provider cannot compared to high risk bearing companies

Construction of temporary shed to store materials for modernization and repairing of factory is elig

Cenvat Credit : Construction of temporary shed within factory premises for storing of cement and steel, etc. for set up, modernization, repair, etc. of factory, is eligible for input service credit

PIL filed against Insurance Co. by its ex-employee due to personal spat alleging violation of FDI no

CL : Where PIL filed by petitioner against insurance company and its executives for alleged violation of FDI regulation was coloured by personal prejudice of advocate of petitioner, petition was to be dismissed

Petty cash received from relatives couldn't be held as unexplained

IT : When credit was taken from family members, amount was petty and had been shown in books of account, then there was no occasion to make addition under section 68

Maggi Noodles are still exempt under Gujarat VAT Act

ST : Where Tribunal had exempted 'Maggi Noodles' treating these as 'Sev' and such order wasn't challenged by Department and it proceeded to tax 'Noodles' by treating these as covered under 'Residuary Entry' and not under 'Sev', it could not take a view contrary to that of a Higher Forum, therefore, such order was liable to be quashed.

Indian Mobile Phone Market Monitor – Q2-2015

Indian Mobile Phone Market Monitor – Q2, 2015

 

The overall Mobile Phone market in India stood at 60.8 million units in Q2-2015, which is a Q/Q growth of 12.4% and Y/Y decline of 2.5%.

Smartphones contributed 41% of the total mobile phone market with 25 million units in Q2-2015.

After showing a downtrend for two straight quarters, Smartphones market registered Q/Q growth of 23.8% and Y/Y growth of around 30%.

 

Ø  Samsung maintained its top position in overall mobile phone market with market share of 18.9%.

 

Ø  In Smartphone segment, although Samsung retained the top position with the market share of 21.5% in Q2-2015 but it witnessed a decline from market share of 28% in Q1-2015. During the same time period Smartphone market has registered Q/Q growth of 23.8%.

 

Ø  Micromax is going steady with its second position capturing market share of 12.6% in overall mobile phone market.

 

Ø  In Smartphone segment, Micromax has notched up its market share to 17.9% in Q2-2015 from 12.7% in Q1-2015. During Q2-2015 the domestic manufacturing of its smartphones has gone up to 2.5 million units contributing more than 50% of its smartphones portfolio.

 

Ø  INTEX, which entered the Top 5 vendors list of overall mobile phone market in Q4-2014, has continued its upward trend to reach 3rd position with 9.6% market share of overall mobile phone market in Q2-2015.

 

Ø  Intex also maintained its 3rd rank in smartphone segment with market share of 10.2% and sales of over 2.5 million units of smartphones in Q2-2015.

 

Ø  LAVA including Xolo has reached no. 4 position by capturing market share of 8.2% of overall mobile market but it slipped down to 5th position in smartphone segment with 7% market share in Q2-2015.

 

Ø  Lenovo including Motorola has raced up to 4th position in Smartphone segment with 7.6% market share in Q2-2015. Its smartphone models A6000 & A6000-Plus did well to put Lenovo marginally ahead of Lava.

 

Ø  Microsoft-Nokia slipped down to 5th position in overall mobile market, down from 9.4% market share in Q1-2015 to 7.5% market share in Q2-2015.

 

-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Methods

  • The report covers Imports of Completely Built Units (CBU) of Mobile Phones and also domestic manufacturing/assembling in India.

  • CBU figures are based on actual imports of Mobiles handsets into India. Mobile handsets which are in transit but not received in India by the end of quarter are not taken into account.

  • Domestic manufacturing figures are obtained from Imports of a key component used in mobile phone manufacturing.

 

Cybex Exim solutions Pvt Ltd. tracks Import and Export shipments of India and several other countries.  Cybex prepares analytical reports on various products like Mobile phones, Tablet-PCs, Data Cards, Notebooks etc.

 

Brand-wise Model-wise comprehensive monthly report is available for subscription.

For enquiries, please contact us at amit[@]cybex.in



ITAT interprets Article 15 of India-Finland DTAA for supervisory services rendered by Finish enginee

IT/ILT : Where five Finnish engineers though belonging to a Finnish entity do not represent that entity in rendering supervisory services by the engineers for erection, commissioning of the plant in India and there is no agreement between the Indian Entity and the Finnish entity, the tests of taxability of IPS in Art 15(1)(a)(90 days or more presence in India in fiscal year and Art 15(1)(b)(fixed base regularly available to him in India) should be applied to each engineer individually. The perio

Mere establishing identity of share applicants isn't sufficient to discharge onus under sec. 68

IT : Establishing identity of share applicant is not sufficient to discharge initial onus that lay on assessee under section 68; assessee has to further satisfy revenue as to genuineness of transaction and creditworthiness of share applicant or individual who is advancing amounts

Advertisement exp. wasn't includible in transaction value if it was incurred by dealer out of genera

Excise & Customs : Clause in dealership agreements requiring dealers to 'make efforts for promoting sales' cannot be treated as a clause imposing legal obligation on dealers to incur certain level of expenses on advertisement; hence, advertisement expenses incurred and borne by dealers cannot form part of value

No penalty on wrongly claiming sec. 80-IB relief as its details were disclosed in income-tax return

IT : Where assessee had disclosed complete particulars in respect of its claim for deduction under section 80-IB in its return which were accompanied by audit report, there was neither any concealment of income nor furnishing of inaccurate particulars of income so as to attract penalty under section 271(1)(c)

RBI issues directions for approval of acquisition or transfer of control of NBFCs

NBFCs/INDIAN ACTS & RULES : Non-Banking Financial Companies (Approval of Acquisition or Transfer of Control) Directions, 2015

Thursday, 9 July 2015

RBI notifies new annual returns forms for non-deposit taking NBFCs with assets size below 500 crores

NBFCs : Returns to Be Submitted by NBFCs (Asset Size below Rs.500 Crore)

Expenses incurred in India to convert imported know-how into manufacturing activity weren't liable t

Service Tax : Where assessee incurred development expenses in India for converting imported know-how into manufacturing facility, since said expenses were not paid to foreign entity, no service was rendered to assessee and, therefore, no service tax can be demanded

AO's order allowing sec. 80-IA relief on capital receipt wasn't prejudicial to revenue; not liable t

IT : Since allowance of receipts on sale of carbon credit, being a capital receipt which was erroneously allowed for deduction under section 80-IA, did not prejudice interest of revenue, order of Commissioner passed under section 263 was to be quashed

High Court admits winding up plea against Govt. Co. on its failure to pay bills for work done by pet

CL : Where payment of bills for work done was due and payable to petitioner company by respondent Government company, winding up petition for inability to pay debts due to petitioner was to be admitted

Disclosure of more quantity of goods in declaration form than shown in return would invite reassessm

CST & VAT : Assam VAT : Where Assessing Authority passed a reassessment order on assessee, since declaration Form 65A furnished by assessee at check-post disclosed that quantity and value of goods were more than what were furnished in return for relevant assessment year, it was to be held that reassessment order was based on valid material which was found subsequent to assessment

DIT(E) couldn't revoke registration of Cricket Association after Holding that it was doing general p

IT : Where Director (Exemption) had accepted in his order that assessee was carrying on an activity of 'general public utility' in accordance with its objects, order passed under section 12AA(3) cancelling registration was bad in law

GDRs are 'securities'; SEBI has jurisdiction to act against Lead Manager of GDRs issued outside Indi

CL : GDRs would fall within the definition of `securities' as defined under Section 2(h) of the Securities Contracts (Regulation) Act,1956. Though GDRs are issued outside India, such issue is based on the ordinary shares deposited with the domestic custodian bank. Therefore, SEBI has the jurisdiction to act against the Lead Managers of GDR issue and to debar them. SEBI's jurisdiction cannot be denied on the ground that GDRs are issued outside India

CBDT upset with frivolous filing of appeals by officials; reiterates its stance of filing appeals in

IT : Filing of appeals on merits – Observation of courts – Instructions to it department to ensure optimal utilisation of available resources to obtain maximum benefit out of litigation

Mistake of applying concessional tax rate on long-term cap gain in revised return doesn't call for p

IT : Where there was no attempt on part of assessee to show long term capital gain in a different category, merely because a concessional rate of tax was applied in revised return, it would not lead to conclusion that assessee had concealed particulars of income and no penalty could be levied

TDS obligation arises while making provision at the time of quarterly closure and not when actual ex

IT: Statutory provisions of withholding tax clearly envisage deduction of tax at source de hors charge under section 4(1), hence assessee would be liable to deduct tax on provision for expenses created in books of account

India's Push To Curb Steel Imports Could Hit Its Small Mills

Steps by India to protect its large steel makers from a flood of cheap imports could end up closing scores of small, local firms that process the metal, industry analysts and executives said.

These processors currently buy imported steel at up to 20 percent below India's pricier, domestic steel, turning it into finished steel products for industrial use.

But after months of lobbying by its largest steelmakers such as JSW Steel Ltd and Tata Steel Ltd, India last month raised duties on some steel imports by up to 2.5 percentage points, with more increases expected.

India's steel imports had jumped around 70 percent to over 9 million tonnes in the year to end-March, with a surge of cheaper purchases from China accounting for about a third of the total. Imports soared 55 percent in April-May. The duty hike, along with proposed steps to tighten quality controls on steel imports, should curb shipments into the country this year, industry experts said.

While that should help large steelmakers, it will pile more pressure on small steel processors, already grappling with faltering demand as the real estate sector slows. Often family-run, these firms account for almost 60 percent of the India's overall steel sector, according to one industry body.

"If imports get reduced, the integrated steel mills will start charging higher prices, irrespective of international price trends ... secondary steel producers will not be able to survive," said Mohan Gurnani, President of the Federation of Associations of Maharashtra, which represents over 750 small associations and traders.

Steel ministry officials did not immediately respond to requests for comment.

EARNINGS BOOST?

Morgan Stanley estimates that the 2.5-percentage point duty hike could potentially boost Tata Steel earnings per share by 14 percent next year, Steel Authority of India's (SAIL) by 33 percent and JSW Steel by 30 percent.

"Import orders should reduce meaningfully from here as traders will become apprehensive of further increases in duties in some shape or the other," the bank said in a note.

India's largest steelmakers have been badly hit by high debt, interest costs and low appetite. But demand prospects are improving as the country starts a major urbanisation drive under Prime Minister Narendra Modi.

Indian steel consumption rose 7 percent in April-May percent, after growth of 3 percent in the fiscal year that ended in March.

The World Steel Association (Worldsteel) expects Modi's plans, including building 100 new 'smart' cities, to spur steel demand by up to around 6 percent this year..

Most analysts now expect Indian steel prices to remain steady, or rise slightly especially if the rupee weakens further, making steel imports more costly.

Source:- economictimes.indiatimes.com



Imported Cosmetics May Be Fewer With Stringent Control On Animal Testing

You may soon find it difficult to lay your hands on imported cosmetics. Tightening regulatory controls on such brands, the government has asked importers to give an undertaking that their products sold in India have not been tested on animals anywhere in the world.

Last year, India banned testing of cosmetic products and their ingredients on animals in India. However, companies were still found importing products, which had been tested on animals abroad.

The latest move seeking no objection from the supplying country and an undertaking from the original manufacturer of such imported products is to ensure that these products are not tested on animals at all, said an official with the office of the Drugs Controller General of India (DCGI).

DCGI, which regulates pharmaceuticals as well as cosmetics sold in the country, has recently directed all port officers, beauty and hygiene associations as well as state controllers to keep a close check on such products and ensure that importers submit original undertaking from the manufacturer.

Companies flouting the norms are likely to face hefty penalty and punishment, including cancellation of licences for a period of 3-10 years.

In fact, the new rule is applicable even for already registered products. However, in such cases, the undertaking has to say that cosmetics products imported to India "have not been tested on animals on and after 12 November 2014", a recent communication from the DCGI office said.

New applicants for importing cosmetic products to India will also have to submit import registration dossiers to the regulatory agency. "The acknowledgement copies can be produced at the port offices for clearing their consignments," the circular from DCGI office said.

Of late, the penetration of imported brands in the cosmetic segment has increased significantly with many of them commanding huge market share in their categories. While most of these brands are placed in the premium category, many are also available for regular users at reasonable prices.

Source:- timesofindia.indiatimes.com



Indian Onion Loses Second Rank In Global Exports

Onions from India have gained fame worldwide for their pungency and good quality. In the last five years, however, erratic weather and shifting policies on export have left the country behind others. Countries such as China and Pakistan are fast catching up with India both in terms of quality and increase in cultivation.

India ranked second among the top 10 onion exporting countries for several years. However, this position has taken a hit. According to officials from APMC, Nashik, India now ranks fourth in onion export in the world. Earlier China ranked first followed by India. Now China ranks first and countries such as the Netherlands, Mexico, Spain and Pakistan have joined the race.

Moreover, region that India has been traditionally exporting to such as Southeast Asia has also begun to grow onion in addition to exporting the vegetable.

According to sources from National Horticultural Research and Development Foundation (NHRDF), India had topped in export in 2009-10 with 18 lakh tonne. Average export also hovered around 14 lakh tonne. However, in the last five years, onion export from the country has taken a downward turn. In 2014-15, only 10.86 lakh tonne of onions have been exported. The decline has been as much as 20% compared to the previous year.

According to RP Gupta, director, NHRDF, erratic monsoon and uncertainty in supply has resulted in exporters not being able to fulfill their export commitment. “Policies have been such that there is no certainty over export. For two years there has been a ban on onion export and sometimes the MEP is raised. Therefore buyers have begun tapping other sources,” Gupta explained.

One major effect, according to Gupta, is neighboring countries such as China and Pakistan have begun producing onions of the same quality and pungency and their onions are a lot more cheaper in the international markets.

Moreover, countries such as Thailand, Indonesia and Sri Lanka who were traditional buyers of the Indian onion have begun to produce onions and also export them. Since the competitiveness has increased, India has not been able to match up both in terms of quality and policies, observers said.

Onion is cultivated in Maharashtra, Gujarat, Madhya Pradesh, Karnataka, West Bengal, Odisha and Tamil Nadu with a total production of some 189 lakh tonnes for all the three seasons. Onion export however account for just 1% of the total production, according to market experts.

Top officials from Lasalgaon, the hub of wholesale onions in the country, say exporters from all over India used to export from Nashik. However, in 1999 the then prime minister Atal Behari Vajpayee first brought the onion under the essential commodities list and thereafter there have been several restrictions.

Source:- financialexpress.com



Lifting Of Sanctions On Iran Could Bring Stiff Competition For Indian Exporters

Indian businessman Pankaj Bansal is losing sleep. He says that any nuclear deal under which global powers lift sanctions against Iran could wipe him out.

"I have been forced to take sleeping pills now to avoid nightmares as my business with Iran has drastically come down," said Bansal, 43, from his base in a teeming commercial district of South Delhi.

Bansal's trading firm, TMA International, has expanded from metals into motors, auto parts and chemicals as rivals were shut out of Iran by Western sanctions aimed at forcing Tehran into a nuclear compromise. Talks to finalise a deal have run deep into overtime but may wrap up on Friday.

He is one of thousands of exporters who enjoyed a three-year run because India did not back the sanctions. In that time, India's exports to Iran doubled to $5 billion, helping to halve its bilateral trade deficit.

Now, they could be forced aside by European and US competitors just as Asia's third-largest economy reels from a 20 per cent export slump prompted by a global slowdown in trade.

The revival of India's historic friendship with Iran, shared with Russia and Venezuela, does hold the promise of long-term trade gains. Yet short-term pain looms for oil buyers and banks that benefited from sanctions-related payment delays.

HELPING HAND

A delegation of Indian exporters met Finance Minister Arun Jaitley last week to lobby for support to help them cope with a revival of competition for the Iranian market. They came away empty handed.

"The lifting of Western sanctions on Iran would have an adverse impact, particularly on non-agricultural commodities," said S.C. Ralhan, president of the Federation of Indian Export Organisations (FIEO).

Yet millions of farmers too would face a hit from the easing of sanctions on Iran, a buyer of basmati rice, soymeal, sugar, barley and meat. Under sanctions, Iran paid a premium of up to 20 per cent over global prices to buy from India.

"Iran is shifting to other suppliers like South American countries. They are supplying at much lower prices compared to India. We cannot compete," said B.V. Mehta, executive director at the Solvent Extractors' Association of India.

EUROPE'S EDGE

Indian exporters say firms from Germany, Italy and France that once dominated in Iran will be back selling consumer products ranging from clothing to cars, and pitching for big-ticket contracts like the delayed Tehran metro.

"Traditionally, Iranians have a liking for European products. With the weakening of the euro, it will not be easy for us to compete," said Rafeeq Ahmed, a Chennai-based exporter who used to head the Indian export federation.

India's oil ministry fears that Iran could award the right to develop the giant Farzad B gas field to Europeans who can deploy the latest technology and commit billions of dollars to modernising the OPEC member state's oil-and-gas infrastructure.

"So far they have not said 'no' to granting development rights of Farzad B field to ONGC," said an oil ministry official, referring to state-controlled Oil and Natural Gas Corp . "But there is no 'yes' also."

Refiners in India, the world's No.4 oil consumer and Iran's top client after China, want Iran to sweeten terms on crude deals to boost imports, which fell by 23 per cent over January-June.

Soruce:- economictimes.indiatimes.com



Marine Products Exports From India Fetches A Foreign Exchange Of $5.5 Billion

The ministry of commerce and industry has stated that during the financial year 2014-15, exports of marine products reached an all-time high of $5511.12 million. Marine product exports crossed all previous records in quantity, rupee value and USD terms. Exports aggregated to 10,51,243MT valued at Rs 33441.61 crores and $5511.12 million. Compared to the previous year, seafood exports recorded a growth of 6.86% in quantity, 10.69% in rupee and 10.05% growth in US dollar earnings.

Frozen shrimp continued to be the major export item in the export basket in terms of quantity and value, accounting for a share of 34.01 % in quantity and 67.19% of the total US dollar earnings. Shrimp exports during the period increased by 18.60%, 16% and 15.54% in quantity, rupee value and USD value respectively. However unit value realization decreased to 10.38$/Kg from 10.65 in 2013-14, a negative growth of 2.59%.

The overall export of shrimp during 2014-15 was to the tune of 3,57,505MT worth $3,709.76 million. USA is the largest market (1,12,702MT) for frozen shrimp exports in quantity terms followed by European Union (81,952MT), South East Asia (69,068MT) and Japan (30,434MT).

The contribution of cultured shrimp to the total shrimp export is 76.45% in terms of US dollar. The export of cultured shrimp has shown positive growth of 21.66% in quantity and 15.53% in US dollar terms.

Source:- timesofindia.indiatimes.com



Travelling services are eligible for credit only it its relation with manufacturing is established

Cenvat Credit : Telephone expenses, courier charges and cargo handling charges have relevancy with business of assessee and therefore, same are eligible for input service credit; however, travelling services and hiring of cars were ineligible in absence of any evidence as to their relation with manufacture/business

TPO to follow case of 'Sony Ericsson' to decide whether AMP exp. of assessee would be an internation

IT/ILT: Where required facts were not on record to decide whether AMP expenses incurred by assessee gave rise to an international transaction, matter was remanded to Assessing Officer/TPO for verification of facts

Rupee Opens Higher At 63.54 Per Dollar

The Indian rupee opened higher by 6 paise at 63.54 per dollar on Thursday versus 63.60 Wednesday.
 
Mohan Shenoi of Kotak Mahindra Bank said, "Developments in China and Greece and its impact on commodities and stocks has resulted in risk-off scenario globally. In this turmoil USD-INR has remained resilient due to strong India macro and Reserve Bank of India (RBI) actions."
 
He further added, "The USD-INR pair is expected to trade today in a range of 63.50-63.80/dollar."

Source:moneycontrol.com



HC grants further extension of 4 weeks to Kingfisher Airlines to comply with clause 41 of listing ag

SEBI: Kingfisher Airlines ('petitioner') prayed for extension of time to comply with clause 41 of listing agreement for publication of the audited financial results for the year ended March 31, 2014 and for the quarter ended June 30, 2014. It was seeking extension on the ground that it failed to comply with such requirement due to not having quorum for holding a Board meeting as the application for security clearance of third director was furnished late, i.e., on August 25, 2014.

Reassessment quashed as ACIT had merely copied reasons recorded by his predecessor without any reaso

IT: Where assessee had disclosed all details regarding working of disallowance under section 14A and working of provision for bad and doubtful debts, impugned notice seeking to reopen assessment was to be quashed and set aside as Assistant Commissioner without giving any reasons had merely copied reasons which had been recorded by her predecessor

Govt. notifies manner of computing foreign holding in an Indian Insurance Company

INSURANCE/INDIAN ACTS & RULES : Indian Insurance Companies (Foreign Investment) Amendment Rules, 2015 – Amendment in Rule 2

Concealment penalty couldn't survive when impugned issue became debatable

IT : Where addition on basis of which penalty was imposed has become doubtful/debatable, penalty imposed under section 271(1)(c) cannot survive

Wednesday, 8 July 2015

Section 11B applies to refund of duty and not to refund of penalty

Excise & Customs : Refund of penalty arising out of appellate order of Commissioner (Appeals) is not governed by provisions of section 11B, as same applies to refund of 'duty' and not to refund of 'penalty'