Tuesday, 29 December 2015

India's Silver Import To Set A New Record This Year

 Silver import in India is likely to set a new record in this calendar year due to rapid change in consumer preferences from imitation jewellery and artefacts made of alternative materials to silver.

Data compiled by precious metals consultancy Smaulgld.com showed India’s total silver import at 5,819 tonnes between January and September.

On an annualised basis, however, total silver import in calendar year 2015 is estimated at 7,759 tonnes, the highest ever India has imported in any calendar year so far, registering a rise of around 10% from the previous year. During the calendar year 2014, total import of silver was recorded at 7,083 tonnes.

Rising import of silver in India indicates a rapid change in consumers’ preferences over the last three years ever since its price started to fall. Unlike in the past, consumers now see a resale value in any form of silver purchase including jewellery, artefacts and investments products like coins and bars.

“As the trend shows from the volume of import between January and September, silver import in India will set a new record this year,” said Mohit Kamboj, President, India Bullion and Jewellers Association (IBJA), on the sidelines of World Silver Council inauguration here.

After a staggering 19.31% decline in 2014, silver prices fell by nearly 8% in 2015. This means, the downward cycle in commodities has made silver affordable for consumers with a price decline of over 26% in the last two years to $14.32 an oz today from the level of $19.47 on January 1, 2014.

Similar price decline was seen in local currency as well. Price of silver at Zaveri Bazaar is quoted at Rs 34,200 a kg now, a decline of 22% from the level of Rs 43,800 a kg on January 1, 2014.

“A large chunk of imported silver goes for retail consumption for jewellery and artefacts. The industry has witnessed a number of imitation jewellery consumers getting diverted towards silver ornaments due to falling prices. This does not mean that the demand of imitation jewellery has completely evaporated. But, their average annual growth has declined in favour of silver jewellery,” said Rahul Mehta, managing director, Silver Emporium, a silver jewellery and artifacts’ manufacturer and retailer in Zaveri Bazaar here.

As a consequence, there has been a rapid shift in silver consumption in the last 10 years. Global silver demand for industrial use has slumped to 54% of global output in 2015 versus 69.4% in 2005 and India is no exception. Similarly, demand from silverware/jewellery has risen to 25.4% to 26.5% and bars and coins from 5.2% to 19.5%.

“The industry needs promotion of silver jewellery and artefacts; similar to the World Gold Council does for gold. Once World Silver Council starts promoting silver ornaments and other articles, India’s silver demand and import would zoom further,” said Mehta.

Meanwhile, under the aegis of IBJA, the World Silver Council was launched to protect the interest of silver miners, importers, refiners, traders, jewellers and all other directly and indirectly linked with the white precious metal.

Along with the World Silver Council, the IBJA also launched two other initiatives — First Step Foundation for fulfilling its corporate social responsibility and Skill Development Council to help enhance the skills of the Karigars in the industry. These initiatives were launched at the hands of Ram Nath Kovind, Governor of Bihar.

Source:business-standard.com



Notice can be affixed at main door of assessee’s premises if he refuses to receive it

IT: Where Income Tax Officer deputed two Inspectors to make personal service of notice under section 148 upon assessee but assessee refused to receive said notice and, thereafter notice was affixed at main door of assessee's clinic, there was valid service of notice under section 148 upon assessee

Monday, 28 December 2015

Revisional proceedings under UP Trade Tax Act couldn't be objected even if such act was repealed b

CST & VAT : Uttar Pradesh VAT - Where U.P. Trade Tax Act had been repealed on 1-1-2008 by U.P. VAT Act and in meanwhile Assessing Authority made assessment of assessee for period 1-4-2007 to 31-12-2007 on 9-11-2009 under provisions of U.P. Trade Tax Act, remedy of revision provided under section 10B of repealed Act would survive repeal

No addition on basis of stocktaking if stock was valued on basis of cost or market price, whichever

IT: Where assessee had calculated valuation of closing stock on basis of cost price or market price, whichever is lesser, which was always permissible as per principle of accountancy and Settlement Commission accepted true and full disclosure made by assessee, on basis of stock taking, Assessing Officer could not make addition of an amount covered by such disclosure

No TDS liability of banks if FD is made on directions of Court during pendency of proceedings: CBDT

IT : Section 194A of The Income-Tax Act, 1961 - Deduction of Tax at Source - Interest Other than Interest on Securities - Notified Institution – TDS Under Section 194A on Interest on Fixed Deposit Made on Direction of Courts

Grading and certification of diamonds isn't manufacture

Excise & Customs: Activities of : (a) grading, (b) inscription; and (c) invoicing of diamonds i.e., diamond-certification cannot amount to manufacture of diamonds, as there is no change in essential character of diamond owing to said activities; however, issue whether same would amount to 'service' was left open

Additional Principal Secretary to the Prime Minister included in Search-cum-Selection Committee of S

SEBI/INDIAN ACTS & RULES : SEBI (Terms and Conditions of Service of Chairman and Members) Amendment Rules, 2015 – Amendment in Rule 3

Registration of a trust can’t be cancelled even if it was indulged in certain commercial activities

IT: Proviso to section 2(15) cannot be basis for cancellation of registration under section 12A

Rbi Sets Rupee Reference Rate At 66.13 Against Dollar

MUMBAI: The Reserve Bank of India on Monday fixed the reference rate of the rupee at 66.1380 against the US dollar and 72.5534 for the euro.

These rates were 66.20 and 72.41, respectively, on December 23.

According to an RBI statement, the exchange rates for the pound and the yen against the rupee were quoted at 98.6911 and 54.92 per 100 yens, respectively, based on reference rates for the dollar and cross-currency quotes at noon.

The SDR-rupee rate will be based on this rate, the statement added.

Source:- timesofindia.indiatimes.com



FinMin issues report of committee on revitalizing public private partnership model of infrastructure

CORPORATE LAWS : Report of the Committee on Revisiting and Revitalising Public Private Partnership Model of Infrastructure

Gold Imports Lose Steam, Fall 36.5% To $3.5 Billion In November

NEW DELHI: Gold imports shrank 36.5 per cent to $3.53 billion in November on the back of falling prices of the yellow metal, something that will keep the country's current account deficit (CAD) in check.

The prices have been declining at global as well as domestic markets.

The gold imports stood at $5.57 billion in November 2014, according to commerce ministry data. The figure for November this year is the highest in the current fiscal.

The contraction in imports helped narrow the trade deficit to $9.78 billion in the previous month. It stood at $16.2 billion in November 2014

Source :timesofindia.indiatimes.com



Govt's Cotton Purchases To Plummet As Pakistan Raises Imports

MUMBAI: The government's purchases of cotton are set to plunge 89 per cent in the 2015/16 marketing year as local prices have jumped after crop failures forced neighbouring Pakistan to raise imports from the world's biggest producer of the fibre.

The increase in shipments to Pakistan, Bangladesh and Vietnam will help India trim spending on cotton buys by nearly Rs 14,000 crore ($2 billion) in the year that started on October 1, although the rise in volumes on the international market will cap recent gains in global prices.

"Prices have moved above the MSP (minimum support price) level in most states and farmers are selling to private players," said BK Mishra, chairman and managing director of the state-run Cotton Corporation of India (CCI).

In a scheme to assist India's cotton farmers, the CCI buys raw cotton fibre from them at Rs 4,100 per 100 kg, while in spot markets prices have risen to Rs 4,300 to Rs 4,800.

In the year to September 30, India spent Rs 16,000 crore to buy 8.7 million bales at the MSP as top consumer China started slashing imports.

In the current marketing year, the government purchases were again expected to rise to last year's level due to poor demand from China. But a sudden increase in demand from Pakistan and a decision by India's top producing state Gujarat to buy from farmers at levels higher than the MSP boosted prices and reduced the need for state support.

The government will likely spend just Rs 2,000 crore for procurement of 1 million bales this year, Mishra said.

"We have bought 700,000 bales so far, but henceforth we are expecting a slowdown in purchases due to rising prices."

Spot prices of ginned cotton in India have risen nearly 5 per cent in a month to Rs 33,200 per candy of 356 kg.

"Demand is healthy for Indian cotton from Pakistan and other Asian countries," said Dhiren Sheth, president of the Cotton Association of India, adding that prices could stabilize around the current level.

"India has so far contracted 3.6 million bales for exports, including nearly 2 million bales to Pakistan," Sheth said.

Pakistan's overall cotton imports are seen climbing to at least 4 million bales in the year that started on August 1, from 1.2 million bales in the previous year due to an estimated 25 per cent drop in its own production.

India's cotton exports in the 2015/16 season are expected to rise 18 per cent to 6.8 million bales.

A drop in India's production due to a pest attack and the first back-to-back drought in nearly three decades has also been supporting prices, said Pradeep Jain, a ginner based in Jalgaon in the western state of Maharashtra.

A government body has estimated a 4 per cent drop in India's production in the current year. Traders are estimating a much steeper drop after floods hit cotton growing in the southern state of Tamil Nadu earlier this month.

Source :economictimes.indiatimes.com



November Asian Imports Of Iran Oil Drop 16.2% On India, Korea Cuts

TOKYO: Asian imports of Iranian oil in November fell by the most in nine months with India and South Korea cutting their imports as buyers mainly hold off on raising their purchases after July's landmark agreement on Tehran's disputed nuclear programme.

Imports by Iran's four biggest buyers - China, India, Japan, and South Korea - came to 894,685 barrels per day last month, down 16.2 per cent from the same month a year ago and the sharpest decline since February, government and tanker-tracking data show. However, imports rebounded 11.3 per cent from October.

The decline was mostly in line with loading data at Iranian ports for the arrival month. Exports to Asia are set to rise above 1 million bpd this month.

India and South Korea led the drop in Iranian imports. India's intake declined to 138,100 bpd, down 44.9 per cent from the same time a year ago and the lowest since March, while South Korean imports decreased to 97,200 bpd, down 28.8 per cent and the lowest since July.

Japan's oil imports from Iran in November rose 3.1 per cent from a year earlier to 168,285 bpd, trade ministry data showed on Monday.

Average total imports by the top four Asian buyers have fallen 7.1 per cent to 1.03 million bpd in the first 11 months of the year, the data showed.

Despite the slump in oil prices, Iran has vowed to ramp up crude oil production and reclaim its lost share of exports after international sanctions on the OPEC member are lifted in January 2016.

Iran's crude oil exports could rise by half a million barrels per day within 6-12 months once sanctions against it are lifted, Fatih Birol, Executive Director of the International Energy Agency (IEA), said this month.

The sanctions were introduced to keep Iran's exports at around 1 million bpd, down from 2.5 million bpd in 2011, and force Tehran to the negotiating table over its disputed nuclear activities. Western powers say the activity is a cover for building nuclear weapons, which Iran has consistently denied.

Under the accord reached in Vienna on July 14, Iran will be subject to longer-term restrictions on its nuclear programme in return for the removal of US, UN and European sanctions.

Source :economictimes.indiatimes.com



India's 2015/16 Palm Oil Imports Set For Smaller Gain Vs Soyoil

KUALA LUMPUR: India's palm oil imports will rise marginally in the year to October 2016 from current record highs as the commodity's discount to soyoil narrows on output worries, making it less attractive for buyers in the world's top edible oils consumer.

Palm oil prices have been outperforming soybean oil since August, gaining about 8 percentage points more on a threat to yields from what analysts have termed a "monster" El Nino weather pattern. Plentiful world soybean supplies have further tightened the price spread.

With palm becoming less competitive, India's purchases will climb only 100,000 tonnes to 9.7 million tonnes this marketing year, while soyoil purchases will surge 40 percent to 4.2 million tonnes, said Zia Ul Haq, trading manager at an edible oils procurement company IFFCO (S.E.A.) Sdn Bhd.

"The soyoil market is expected to be under pressure due to ample world supply while palm is trying to hold at current price levels," the trading manager said, explaining the tighter price spread. "Traders are expecting palm production to drop and the El Nino impact to kick in during the second quarter next year."

Palm prices soared 57 percent in 2009 partly due to an El Nino, which typically brings crop-damaging dry weather across Southeast Asia. Benchmark futures are currently near an 18-month top of 2,490 ringgit ($579.07) per tonne.

Higher demand from the biofuel sector for blending purposes will keep palm oil prices elevated, the trading manager said, dragging further on demand for the tropical oil.

Indonesia has been pushing for greater local use of edible oil-based biodiesel to cut its fossil fuel import bill and create more demand for palm oil, of which it is the world's biggest producer and exporter followed by Malaysia.

This comes at a time when global soybean oil output is expected to hit an all-time high of around 51 million tonnes in 2015/16, according to data from the U.S. Department of Agriculture (USDA).

Reflecting these fundamentals, the spread between soyoil and palm prices has narrowed about $40 over three weeks. Traders believe this could impact India's import demand.

The country consumes 18-19 million tonnes of vegetable oils annually and , of which about 9 million is palm oil.

USDA data shows India's palm oil imports rose 16 percent to a record 9.1 million tonnes in 2014/15, while soyoil arrivals surged 50 percent.

Leading vegetable oils analyst Dorab Mistry, however, said that higher soyoil use by India would drive up prices of the commodity, tilting the balance in palm oil's favour once again.

"Soyoil has limited availability. The bean is only 18-19 percent oil, you'd have to crush a lot to get a small amount of oil,"


Palm oil prices have been outperforming soybean oil since August, gaining about 8 percentage points more on a threat to yields from what analysts have termed a "monster" El Nino weather pattern. Plentiful world soybean supplies have further tightened the price spread.

With palm becoming less competitive, India's purchases will climb only 100,000 tonnes to 9.7 million tonnes this marketing year, while soyoil purchases will surge 40 percent to 4.2 million tonnes, said Zia Ul Haq, trading manager at an edible oils procurement company IFFCO (S.E.A.) Sdn Bhd.

"The soyoil market is expected to be under pressure due to ample world supply while palm is trying to hold at current price levels," the trading manager said, explaining the tighter price spread. "Traders are expecting palm production to drop and the El Nino impact to kick in during the second quarter next year."

Palm prices soared 57 percent in 2009 partly due to an El Nino, which typically brings crop-damaging dry weather across Southeast Asia. Benchmark futures are currently near an 18-month top of 2,490 ringgit ($579.07) per tonne.

Higher demand from the biofuel sector for blending purposes will keep palm oil prices elevated, the trading manager said, dragging further on demand for the tropical oil.

Indonesia has been pushing for greater local use of edible oil-based biodiesel to cut its fossil fuel import bill and create more demand for palm oil, of which it is the world's biggest producer and exporter followed by Malaysia.

This comes at a time when global soybean oil output is expected to hit an all-time high of around 51 million tonnes in 2015/16, according to data from the U.S. Department of Agriculture (USDA).

Reflecting these fundamentals, the spread between soyoil and palm prices has narrowed about $40 over three weeks. Traders believe this could impact India's import demand.

The country consumes 18-19 million tonnes of vegetable oils annually and , of which about 9 million is palm oil.

USDA data shows India's palm oil imports rose 16 percent to a record 9.1 million tonnes in 2014/15, while soyoil arrivals surged 50 percent.

Leading vegetable oils analyst Dorab Mistry, however, said that higher soyoil use by India would drive up prices of the commodity, tilting the balance in palm oil's favour once again.

"Soyoil has limited availability. The bean is only 18-19 percent oil, you'd have to crush a lot to get a small amount of oil,"

Source :economictimes.indiatimes.com



SC remanded matter back as certain docs allegedly on records were not considered by Tribunal

Excise & Customs : Supreme Court remands back issue of 'exclusion of transit insurance in computing excisable value', as certain invoices allegedly on record were not considered by Tribunal in passing final order

Credit on capital goods already received can't be denied on basis of subsequent amendment to law

Cenvat Credit : Subsequent amendment cannot, in any manner, be interpreted to take away right of assessee to take credit of capital goods already received prior to amendment; hence, credit of capital goods received prior to amendment cannot be denied relying upon such amendment

Running micro-finance business on commercial lines isn't charitable in nature

IT : Where assessee was carrying on micro finance business in a commercial manner so as to earn profit and there was no iota of charity carried on by it, its case was hit by proviso to section 2(15) and it was not entitled to exemption under section 11

Sunday, 27 December 2015

Additional Principal Secretary to the Prime Minister appointed as whole time member of SEBI

SEBI/INDIAN ACTS & RULES : SEBI (Terms and Conditions of Service of Chairman and Members) Amendment Rules, 2015 – Amendment in Rule 3

No public offer required on increase in voting right due to forfeiture of shares: SEBI

SEBI/INDIAN ACTS & RULES : SEBI (Substantial Acquisition of Shares and Takeovers) (Fourth Amendment) Regulations, 2015 – Amendment in Regulation 10

'Ultratech' gets excise duty exemption on clinker captively consumed for manufacture of cement

Central Excise : Where assessee, a manufacturer of cement [final product], also manufactured clinker (intermediate product) and consumed same in same factory for manufacture of cement and during period 2004 to 2011 it cleared cement to SEZ units/developers without payment of duty, assessee was eligible for exemption from excise duty on clinker

Exp. incurred by solicitor on medical treatment of his eyes is personal expense; disallowable

IT: Expenditure incurred on medical treatment of eyes is personal in nature

Value of goods sold on credit basis to be reduced by interest on receivables if such interest was in

Excise & Customs : Where an assessee offers cash discount for immediate payment, it is clear that interest on receivables relating to credit period offered is also inbuilt into price and therefore, assessee is entitled to deduction in respect of interest on receivables inbuilt into price

Saturday, 26 December 2015

Formula under Rule 8D for common interest exp. is inconsistent with legislative intent: HC

IT : Variable 'A' prescribed in the formula in Rule 8D(2)(ii) (to make disallowance in case of common interest expenditure) would exclude both interest attributable to tax exempt income as well as taxable income.

HC set aside unreasoned order of CESTAT passed without even recording revenue's contentions

Service Tax/Excise/Customs : Where Tribunal held assessee's contentions to be correct without assigning any reasons and, without even recording revenue's contentions, dismissed revenue's appeals, said order was liable to be set aside and matter remanded back for consideration afresh

No denial of Sec. 80-IA relief just because power is captively consumed by assessee in its business

IT : Benefit under section 80-IA cannot be denied to assessee, merely because power generated by its power undertaking was consumed at home or by other business of assessee and was not sold to outsiders

No CVD on DTA clearances by EOU if excise duty is exempt in India

Excise & Customs : For computing excise duty equal to customs duty on DTA clearances by EOU, CVD component of notional customs duty would be taken as Nil, if excise duty in India is exempt on 'no-cenvat condition'

No CVD on DTA clearances by EOU if excise duty in India on it is exempt

Excise & Customs : For computing excise duty equal to customs duty on DTA clearances by EOU, CVD component of notional customs duty would be taken as Nil, if excise duty in India is exempt on 'no-cenvat condition'

Friday, 25 December 2015

Loss/gain on FCCBs due to forex fluctuation as on balance sheet date is capital in nature

IT : Shares acquired cannot be treated as land or building, plant or machinery etc., but only as 'cost of project' for purpose of allowing deduction under section 35D

Discontinuation of supply of drugs to distributor for short span of time wouldn't amount to unfair t

Competition Act: Where a drug manufacturer had unilaterally and voluntarily stopped supply of drugs to informant distributor for a short span of time due to business exigencies it could not be said that it was in contravention of provisions of section 3

Freight beyond place of removal can't be included in excisable value of goods even if not shown sepa

Excise & Customs : There is no provision in excise law to deny benefit of exclusion of 'freight beyond place of removal' merely because same is not shown separately in excise invoice; hence, freight is not includible in value even if not shown separately in invoice

No reassessment on basis of info received from enforcement dept. if AO failed to examine return file

IT: Where Assessing Officer received information from Enforcement Directorate that in books of assessee there were huge cash deposits which were not explained, he could not reopen assessment on basis of said information alone without even examining as to whether amount in question was reflected in return filed by assessee

Thursday, 24 December 2015

'Virginiamycin' is a vitamin and not an animal feed : SC

Customs : Virginiamycin, a pure chemical, is classifiable as 'Vitamin' and cannot be classified as 'animal feed', as same is not imported in premix condition

AO couldn't impose penalty without bringing out any specific charge for its imposition

IT: Before levying penalty under section 271(1)(c), it is incumbent upon Assessing Officer to state whether penalty was being levied for concealment of income or for furnishing of inaccurate particulars of income

Reassessment notice was invalid when Joint Commissioner had recorded his satisfaction in mechanical

IT: SLP dismissed against High Court's ruling that where Joint Commissioner recorded satisfaction in mechanical manner and without application of mind to accord sanction for issuing notice under section 148, reopening of assessment was invalid

Failure of assessee to prove that NR-agent has no PE in India leads to disallowance of commission fo

IT : In absence of any material on record as to whether non-resident agents appointed by assessee rendered services abroad and they had no business connection in India, question regarding assessee's obligation of deduction of tax at source on payment of sales commission to them was to be disposed afresh

IRDA asks insurers to report compliance with Indian ownership and control criteria by Jan 18, 2016

INSURANCE : Reporting of Compliance With Indian Ownership and Control

Failure to pay ST, penalty is to levied on the total amount of service tax determined by Central Exc

Service Tax : For computing reduced penalty of 25 per cent in section 78, 'service tax assessed or determined under section 73(2)' is taken, which shall include both : (a) sums paid prior to issuance of notice and appropriated in adjudication order; as well as (b) further sums confirmed as payable in adjudication order

An assessee can't be compelled to disclose the source of income of its creditors under sec. 68

IT : In terms of section 68, assessee is liable to disclose only source(s) from where he has himself received credit and it is not burden of assessee to show source(s) of his creditor nor is it burden of assessee to prove creditworthiness of source(s) of said sub-creditors

AO has to record his satisfaction under sec. 153C even if AO of searched person and other person is

IT : Even in cases where Assessing Officer of person searched and assessee who is sought to be assessed under section 153C is same, still Assessing Officer is required to record his satisfaction that assets/documents seized belong to a person (assessee) other than searched person

Wednesday, 23 December 2015

Bright line test can’t be applied to determine ALP of AMP exp.: Delhi HC

IT/ILT : Bright line test (BLT) is not a valid method for either determining the existence of international transaction or for the determination of ALP of such transaction

RBI directs banks and Govt. Accounts Department to disburse 8.7% interest on Special Deposit Scheme

BANKING : Special Deposit Scheme, 1975 – Payment Of Interest For Calendar Year 2015

Kerala Film Federation penalised for denying exhibition of Tamil and Malayalam films in Crown theat

Competition Act : Where evidences showed that exhibition of Tamil and Malayalam films to Informant theatre were denied at behest of OP association representing film theatres in Kerala and OP held position of strength in film industry in Kerala, conduct of OP was anti-competitive and penalty was to be imposed on it

Donations collected in name of Dera treated as unexplained as Dera wasn’t carrying out charitable ac

IT : Where assessee claiming himself to be a Sewadar of Historic Dera, deposited donations received in name of Dera in his own bank account and, moreover, he failed to prove that any charitable activity in terms of section 2(15) was ever carried out by him, authorities below were justified in making addition to his income under section 68 in respect of donations in question

AOs to specify their e-mail address in notices/letters to facilitate e-communication with taxpayers:

IT : Section 119 Of The Income-Tax Act, 1961 – Income-Tax Authorities – Instructions To Subordinate Authorities – Facilitating Taxpayers' Electronic Interface With The Department

CBDT reaffirm its commitment to exempt MAT on foreign Cos; directs disposal of pending MAT assessmen

IT/ILT : Section 115JB Of The Income-Tax Act, 1961 – Minimum Alternate Tax (Mat) – Applicability Of Mat On Foreign Companies For Period Prior To 1-4-2015

Now Pre-2005 banknotes can be exchanged till Jun 30, 2016

BANKING : Withdrawal Of All Old Series Of Banknotes Issued Prior To 2005

HC denied to grant bail to accused under PMLA as he failed to prove that his money wasn't tainted

PML Act: Where applicant was arrested for schedule offence of fraudulent remittance of foreign currency and he failed to prove money received by him was not crime money, bail could not be granted to him during period of investigation

Permission to store goods outside factory premises without paying duty can't be denied without assig

Excise & Customs : Without giving any reason, Commissioner could not deny extension of permission to store goods without payment of duty outside factory premises, when both Range Superintendent and Division Officer found case genuine

Interest rates in India can't be used to determine ALP of loan transaction designated in foreign cur

IT/ILT: Where ALP of an international loan transaction, which was designated in hard currency, is to be ascertained, interest rate on rupee transactions in India is not relevant

SEBI's International Advisory Board meets; discusses on implementing OECD principles of Corporate Go

SEBI : Sixth Meeting Of International Advisory Board Of SEBI

Now top 500 listed Cos. to include 'Business Responsibility Report' in annual returns

SEBI/INDIAN ACTS & RULES : SEBI (Listing Obligations And Disclosure Requirements) (Amendment) Regulations, 2015 – Amendment In Regulation 34

Allotment of shares in lieu of interest liability as per BIFR scheme held as actual payment under se

IT: When pursuant to settlement creditor agreed to convert a portion of interest into shares, it must be treated as extinguishment of liability for purpose of section 43B

CBDT unveils draft guidelines to determine 'Place of Effective Management' of a company

IT/ILT : Section 6 Of The Income-Tax Act, 1961 – Residential Status - Draft Guiding Principles For Determination Of Place Of Effective Management (Poem) Of A Company

IRDA asks insurers to comply with reporting requirement under FATCA and 'Common Reporting Standards

INSURANCE : Registration And Submission Of Information To CBDT For Compliance With Obligations Under Foreign Account Tax Compliance Act (FATCA)/Common Reporting Standards (CRS)

Refund of capacity based excise duty can be claimed even if factory was closed for one day

Excise & Customs : In context of capacity based excise duty, there is difference between 'temporary non-production for 15 days or more' and 'closure of factory'; in case of 'closure of factory' for even 6 days, assessee cannot be made liable to pay duty and if duty has already been paid, same is liable to be refunded back to assessee

Debenture-trustee can enforce security interest on behalf of debenture holders under SARFAESI

SARFAESI Act, 2002: Whether the respondent-debenture trustee of three debenture holders viz., (LIC, Canara Band and Oriental Bank of Commerce), which was neither a bank nor a financial institution and was not even registered as Securitisation company u/s 3 of SARFAESI could be treated as a secured creditor within the meaning of section 2(zd) of the SARFAESI Act? If yes, whether it can invoke the provision of SARFAESI for enforcement of security interest? Held- Yes

Payments by inflating purchases can't be deemed as loan or advance under sec. 2(22)(e)

IT : Payment of money by inflating purchases cannot be construed as loan or advance within meaning of section 2(22)(e)

Imports made by assessee, himself, at another port may be regarded as identical goods for custom val

Excise & Customs: In case of undervaluation of goods imported at Chennai port, imports of same goods made by assessee himself at Mumbai port may be regarded as 'identical/similar goods' and may be used to determine customs value of imports at Chennai

India To Save $44 Billion In Crude Oil Imports In Fy16; Case For Reducing Petrol, Diesel Prices?

The continuing slide in global crude oil prices is likely to result in a savings of about $44 billion this financial year for India, according to an analysis by the union ministry of petroleum and natural gas.

In its November 2015 report, the ministry's petroleum planning and analysis cell (PPAC) has said that the country's crude oil imports are likely to be around $69 billion this fiscal, down 39% from $113 billion last financial year. The Modi government could not have asked for more.

Highlights of the report:

Falling crude oil prices

Brent crude averaged $44.29/bbl during November 2015 as against $48.56/bbl during October 2015,w hile the Indian basket crude averaged $42.50/bbl during November 2015 against $46.68/bbl during in October, the PPAC said.

India's decreasing oil import bill

Petroleum products as a percentage of India's total imports stood at 18.8%, down from 21.3% in November 2014. The value of petroleum product imports came down sharply to $2.3 billion in November 2015, from $4.1 billion in November 2014, though the quantity also registered a modest fall.

Petroleum products as a percentage of India's imports for the period April to November 2015 was 21.2% as against 30.7% in the corresponding period last year.

Domestic consumption grows

The country's petroleum consumption grew 6.4% in November 2015, as against 4.9% in November last year.

The cumulative petroleum consumption during the period April to November 2015 grew 9.5% to 10.2 metric million tonnes,  when compared to the corresponding period last year.

Lower domestic production

The domestic crude oil production was 3.3% less in November 2015 at 103 tmt.

For the period April to November 2015, production grew at around 5% compared to the corresponding period last year.

Gross production of natural gas for the month of November, 2015 was 2,716 MMSCM which was lower by 3.9% compared with the corresponding month of the previous year (2,827 MMSCM).

LNG imports

LNG import during the month was 1,748 MMSCM, 18% higher than November 2014  at 1,481 MMSCM.

The cumulative LNG import at 13,889 MMSCM for the current year during April to November, 2015 was higher by 8.6% compared to 12,790 MMSCM during the corresponding period last year.

Oil import dependency up

India's import dependency has gone up from 78.1% during April to November 2014 to 79.9% in the same period this year.

In the absence of any planned shutdown, the capacity utilisation was 108.7% at Indian refineries.

Given these realities, will prime minister Narendra Modi and his finance minister Arun Jaitley take comfort in a rather comfortable fiscal position and reduce levies on petrol and diesel and thereby reduce petrol, diesel prices?

Source :.ibtimes.co.in



For TDS default action can be taken within a reasonable period if no limitation period is prescribed

IT : Before 1.4.2010, there was no limitation period under Section 201 of the Act for initiating action on TDS default. It was only by the Finance Act, 2009, the sub-section (3) to section 201 was inserted to provide for a period of limitation of –

Tribunal can't reverse its order in guise of rectification

IT: In guise of rectifying mistake, Tribunal cannot reverse its order

India's Gold Imports Likely To Jump 11% To 1,000 Tonnes In 2015

 India has already imported 850 tonnes of gold from January-September of 2015 as against 650 tonnes in the first nine-months of last year, according to the All India Gems and Jewellery Trade Federation.

   

Buoyed by a sharp fall in gold prices globally, India is likely to see a jump of 11% in imports of the metal to 1,000 tonnes this year, says a trade body.

According to the All India Gems and Jewellery Trade Federation, the world's second-biggest gold consumer had imported around 900 tonnes in 2014.

"Gold import is estimated at around 1,000 tonnes in 2015 calendar year compared to around 900 tonnes last year. Imports are likely to increase because of low global prices," All India Gems and Jewellery Trade Federation Chairman G V Sreedhar said at an event.

He said imports through smuggling are estimated to be around 100 tonnes this year.

According to the Federation, India has already imported 850 tonnes of gold from January-September of 2015 as against 650 tonnes in the first nine-months of last year.

Gold imports are expected to be 150-200 tonnes in the last quarter as against 300 tonnes in the year-ago period.

The World Gold Council has said in its latest report that India's gold demand in the October-December quarter will be more muted.

"Lingering concerns over the health of the rural Indian economy and local gold prices remaining in close proximity to Rs 27,000 per 10 grams level in recent weeks also give reasons to adopt a prudent outlook for the usual fourth quarter uplift in Indian demand," it had said in the report.

Although the upsurge in demand during July-September period partially compensated for the second quarter's poor turnout, it also ate into 'normal' seasonal demand that would take place between September and November, the report said.

Festival and wedding purchases were brought forward to take advantage of the price dip, therefore, demand towards the end of the year is likely to be correspondingly affected, it added.

Gold is the second-largest import item for India after petroleum. Higher gold import bill adversely affects the country's current account deficit.

Source :dnaindia.com



IRDA notifies norms on issuance of capital by Indian insurance Companies

INSURANCE/INDIAN ACTS & RULES : IRDAI (Issuance Of Capital By Indian Insurance Companies Transacting Other Than Life Insurance Business) Regulations, 2015

'Event management services' are eligible input services for advertising agency

Cenvat Credit : Event management services availed by advertising agency to procure advertising space in shows, etc. organized by such event managers, is eligible for input service credit in hands of such advertising agency

Advances written off by finance co. are allowable as bad-debts even if same are shown as investment

IT : Where assessee-company advanced money to another company in ordinary course of its business activity of finance and interest on it was assessed as its business income and on issue of debenture by said company amount due to said company could be written off under section 36(1)(vii)

Commissioners to send report of cases on which cost was imposed by CESTAT due to poor adjudication:

EXCISE : Imposition Of Cost By Cestat On Grounds Of Quality Of Adjudication Order

Tuesday, 22 December 2015

Rajasthan Govt. issues new VAT form for declaration of exempted goods purchased by dealers

VAT/INDIAN ACTS & RULES : Rajasthan Value Added Tax (Fourth Amendment) Rules, 2015 – Amendment In Rules 21, 22a, 53 And Form Vat-65; Substitution Of Rule 41 And Insertion Of Form VAT-72

Assessee hadn't taken a wrong credit if it had paid duty on exempted goods when dept. didn't clarify

Cenvat Credit : Where assessee asks department to clarify applicability of exemption and in absence of clarification, proceeds with payment of duty along with benefit of Cenvat credit, then, assessee cannot be said to have 'wrongly taken' credit; hence, even if said goods are later clarified to be exempted and assessee is made to reverse credit, assessee is not liable to pay interest on reversed Cenvat credit

HC rejects Bright Line Test for determining ALP of AMP expenses

IT/ILT : Where the Revenue has been unable to demonstrate some tangible material that there is an international transaction involving AMP expenses between Indian subsidiary and foreign parent, the Revenue cannot proceed to determine ALP of AMP expenses by inferring the existence of an international transaction based on the bright line test

AO couldn't reopen assessment to seek more details of transaction

IT: Where assessee had shown gift of shares to a company, merely because assessee had been called upon by Assessing Officer for verification of value of shares in terms of section 47(iii), it would not enable revenue to resort to section 147

Genuine disputes relating to oppression and mismanagement not referable to arbitration

CL: Disputes raised in a properly filed petition under sections 397, 398, 402 and 403 are not referable to arbitration in accordance with agreement between parties

Co. rending engineering support services isn't comparable with a co. engaged in third party inspecti

IT/ILT : Assessee, which was rendering engineering support services including related design and drawing as per specification of its foreign AE, could not be compared with a company which was engaged in functions of Third Party Inspections (TPI), certification of equipment supplied by vendors and installation of work of contractors of ONGC, other government departments and private sector undertakings

Domestic Milk cans classifiable as 'kitchen articles' and not as 'cans'

Excise & Customs : Domestic Milk cans are classifiable as 'kitchen/household articles' under Heading 73.23 and not as 'cans' under Heading 73.10

Rupee Closes Marginally Higher Against Us Dollar At 66.33

The Indian rupee on Tuesday closed marginally higher against the US dollar, tracking the gains in the Asian currencies markets. This was the sixth consecutive session when the rupee closed higher against the US currency.

The rupee closed at 66.33 a dollar, up 0.03% from its previous close of 66.35. The local currency opened at 66.31 a dollar.

India’s benchmark equity index, BSE Sensex, ended at 25,590.65 points, down 0.56%, or 145.25 points.

The yield on India’s 10-year benchmark bond closed at 7.76% compared with its Monday’s close of 7.772%. Bond yields and prices move in opposite directions.

Traders are cautious in a holiday shortened week ahead.

Markets will remain closed on Friday for Christmas.

Since the beginning of this year, the rupee has weakened 4.9% against the dollar, while foreign institutional investors (FIIs) have bought $2.84 billion from local equity markets and $7.77 billion from the debt market.

Most of the Asian currencies were trading higher against the dollar. The Indonesian rupiah was up 1%, South Korean won 0.39%, China offshore 0.29%, Singapore dollar 0.17%, Taiwan dollar 0.14%, Thai baht 0.14% and Japanese yen 0.13%. However, Malaysian ringgit was down 0.14%.

The dollar index, which measures the US currency’s strength against major currencies, was trading at 98.334, down 0.04% from its previous close of 98.363.

Traders are awaiting the gross domestic product (GDP) and home sales numbers and corporate profits data in the US later in the day, according to a Reuters report.

Brent crude fell for 16 out of 19 trading sessions. Since 25 November, it fell 22.11%. Brent crude was trading at $36.57 a barrel, up 0.63% from its previous close.

China’s leadership signalled that it will take more steps to support economic growth from a 25-year low, including by widening the fiscal deficit and stimulating the housing market. Statements released at the end of the government’s Central Economic Work Conference also highlighted the desire for more “flexible” monetary policy, Bloomberg reported.

Source:- livemint.com



Failure to serve notice can be cured by Sec. 292BB but not failure to issue notice

IT : Failure of Assessing Officer issue notice under section 143(2) is fatal to order of reassessment; such failure cannot be condoned by referring to section 292BB

Kingfisher Airlines, a wilful defaulter can represent through advocate before Redressal Committee

Banking Laws : A Person who is proposed to be classified as a wilful defaulter by a Bank/FI and are given an opportunity of hearing before grievance Redressal Committee (GRC) of said Bank/FI, is entitled to be represented therein through advocates

DRT's jurisdiction to consider securitization application to be decided under RDDB Act and not CPC

SARFAESI: Jurisdiction of DRT to decide a Securitization Application under section 17 of SARFAESI Act, ought to be decided on principles enshrined in section 19(1) of RDDB Act rather than on basis of section 16 of CPC

No custom duty on 'diving equipments' if they were welded onto barge prior to import

Excise & Customs : Where diving equipments were welded onto barge even prior to import and continued to be so welded even when barges were returned back, said 'diving equipments' were eligible to be exempted along with barge

Sec. 14A disallowance not to be added back while computing book profits under Sec. 115JB

IT : While computing book profit for purpose of section 115JB, disallowance made under section 14A as also disallowance under normal provision of Act cannot be added back

Vietnam Cement Exporters Fail To Hit Target

Vietnamese cement producers are struggling to maintain high volumes of cement exports due to falling overseas demand.

According to the Vietnam National Cement Association (VNCA), Vietnamese cement makers have been facing fierce competition from China, the world’s biggest cement producer, which accounted for 60 per cent of the world total output.

Selling at lower prices and trying to boost export whilst facing tough times domestically have led to a spreading malaise across the Asian market, the association added. Competition from overseas producers has prevented Vietnamese cement makers realising this year’s export target of over 20Mt of cement and clinker.

Luong Quang Khai, chairman of Vietnam Cement Industry Corp (Vicem), the country’s leading cement producer which holds 35 per cent of the domestic market, said that its cement exports could only meet 60 per cent of the full-year’s target of 3.5Mt.

Nguyen Tien Dat, general director of Vissai Cement Group, another major cement and clinker exporter, said that the group was unlikely to attain the same goal set last year.

He claimed that cement exporters from Vietnam were struggling with the rising input cost while the import demand from overseas markets showed no sign of improvement.

Meanwhile, ports in Vietnam used to export from have not yet upgraded to handle large vessels over 20,000dwt. Vietnam’s cement companies must also export via free on-board (FOB) contracts, losing the competitive advantage compared to other peers in the region, including Thailand and China, according to cement analysts StoxPlus.

Vietnam has become the fifth-biggest cement producer and consumer in the world behind China, India, Iran and the US.The country now has 76 cement production lines with a combined output of 81.56Mta.
The Ministry of Construction forecast that Vietnam's sales of cement and clinker will rise 4-7 per cent on year to between 75-77Mt in 2016 despite persistent economic woes.

Source :cemnet.com



Uplinking of own TV channels to satellite is taxable under broadcasting services

Service Tax : Uplinking of own TV channels and earning 'airtime and uplinking charges' is prima facie taxable under Broadcasting services

Provisions relating to bail under PMLA overrides bail provisions of CrPC

PMLA : Section 71 of PMLA provides that the provisions of the PMLA shall have overriding effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force. PMLA has an overriding effect and the provisions of Cr.P.C. would apply only if they are not inconsistent with the provisions of this Act. Therefore, the conditions enumerated in Section 45 of PMLA will have to be complied with even in respect of an application for bail made under Section 439 of Cr.

Time-limit for sec. 54EC investment to be extended automatically on unavailability of desired bonds

IT: Where bonds of assessee's choice were not available throughout stipulated period for investment for claiming exemption from capital gain, time limit to invest in bonds would get automatically extended

Secondary Steel Sector Wary Of Decision To Raise Minimum Import Price

KOLKATA: The secondary steel sector is apprehensive about the government's proposed move to impose minimum import price (MIP) for steel. While falling steel prices, higher electricity costs, and interest burden are already a drag for smaller mills in the secondary sector, they feel that any plan to bring their raw material under the proposed MIP, will affect them. This could lead to heavy defaults on loans and significant jobs losses, since the sector supports some five million people in terms of direct and indirect employment. As per a steel industry report by Bank of America Merrill Lynch, out of the total Rs 2.8 lakh crore of NPAs in the steel sector, some Rs 1.95 lakh crore is with Tier 2 mills and the unorganized sector.

"While MIP is a good move, we would urge the government to implement it in a rational manner that should not harm the secondary steel sector," Prakash Tatia, chairman of Sponge Iron Manufacturers' Association (SIMA) said. Against installed capacity of 50 mt, domestic sponge iron production has been only around 18 mt with capacity utilisation of only 35% in the last 2-3 years.

While domestic steel industry has overall capacity of 105 million tonne (mt), with a crude steel output of close to 91 mt, around 54% of capacity is in the secondary steel sector, Tier-II and local steel units. To ensure the survival of some 2,000 secondary units which are in operation, government should ensure that iron ore and coal is available on affordable and consistent basis. There should also be a pricing mechanism for these raw materials based on export parity, Tatia said.

Some of the secondary units like, slab re-rollers for instance, use continuously cast slabs, not readily available in the country. Currently, slabs worldwide are available at a very reasonable price range between US$ 220-250 f.o.b (free on board), facilitated by the dip in iron ore, coking coal and scrap prices. These units depend on imports and if a MIP higher that the current import price is imposed on slabs it will deal a vital blow to their raw material costs, the SIMA official said. Incidentally import of slabs accounted for 3 lakh tonne out of India's over-9 mt of steel imports last year.

Another section of the steel user industry expected to be affected if the MIP is not imposed rationally are those who use it for critical applications. These special steels have to be necessarily imported and include clad steel, special grade boiler steel, API high-grade steel for high pressure applications and higher width/thickness requirements as well as special auto grade steel.

Source :economictimes



Iran Woos Indian Refiners To Drive Oil Sales In Cut-Throat Market

NEW DELHI: Spurred by the prospect of an end to western sanctions, Iran has agreed to consider Indian demands for steep oil price discounts and other buying incentives, sources said, as it works to rebuild market share in a world awash with crude.

Tehran's return to the market will deepen a global supply glut that has cut benchmark Brent crude prices by two-thirds since 2014, below the lows hit during the 2008 financial crisis and to levels last seen in 2004, leaving producers to battle for market share.

The National Iranian Oil Company's international affairs director, S.M. Ghamsari, met Indian refiners last week, the sources told Reuters, including firms that halted imports from Tehran because of the sanctions.

Rather than quoting its own terms and prices, people involved in the negotiations said the Iranian delegation made the rare move of asking the refiners for proposals that would make their supplies more competitive than those of rivals.

"I haven't seen them as flexible as they were in the recent meeting," said a refinery source who met Ghamsari. "They have sought our feedback on how to make pricing of their crude competitive."

Ghamsari was willing to consider better pricing and sales terms, as well as offering new grades of crude, to boost market share, said four Indian refinery sources with direct knowledge of the talks.

"Naturally, we will see if Iranian oil fits into our model. If it is economical, only then we will go for it," said a source at an Indian refinery that does not buy Iranian oil.

Currently, Iran offers 90-day credit, free shipping and some discounts on crude prices to buyers in India.

India is Iran's second-biggest customer for oil, and at around 4 million barrels per day (bpd) is the world's fourth-biggest oil consumer. The country imports some 80 per cent of its needs and demand is set to rise fast as the economy grows at over 7 per cent a year.

Ghamsari's office in Tehran said he was not available for comment.

CUT-THROAT COMPETITION

No date has been set for the lifting of nuclear sanctions on Iran, but Tehran said on Friday the country will export most of its enriched uranium to Russia in coming days, a key part of a deal reached last year with a group of six world powers.

Iranian exports would go head to head with competitors within the Organization of the Petroleum Exporting Countries (OPEC) like regional rivals Saudi Arabia and Iraq, which produce similar types of crude and have virtually the same trading routes and prices.

"The Saudis and Iraqis are already in the market. If Iran wants to corner their share, it has to offer better terms in the form of discounts and payment conditions," said Ehsan Ul-Haq, senior analyst at London-based consultancy KBC Energy Economics.

"It will be a cut-throat fight for market share among the Gulf producers," Haq said.

Formerly the second biggest OPEC exporter, Iran's crude exports have more than halved to around 1 million barrels per day (bpd) since 2011.

Tehran has said it plans to ramp up output by 500,000 bpd once sanctions are lifted, adding to overproduction that is estimated at between half a million and 2 million bpd.

The moves in India follow agreements to extend crude sales with its top two Chinese buyers into 2016.

In India, Iran already supplies oil to Mangalore Refinery and Petrochemicals, Essar Oil and Indian Oil Corp. Reliance Industries Ltd, Hindustan Petroleum Corp, HPCL-Mittal Energy Ltd, Chennai Petroleum Corp and Bharat Petroleum Corp stopped imports from Iran due to sanctions that hit banking channels.

Source :economictimes



Argentina’S Duty-Free Exports Of Soya Oil Fuel Worries Among Indian Extractors


Mumbai,  

In yet another blow to the ailing edible oil industry, the Argentina government has removed export duty on soyabean and soya oil to make their exports competitive and retain its share in global edible oil market where prices are falling.


Pravin S Lunkad, President, Solvent Extractors Association, said the move by newly elected Argentina President Mauricio would have a positive impact on their export but soyabean and soya oil prices have started falling in the international markets.

Indian edible oil industry and farmers are already hit by the 24 per cent increase in edible oil import at 14.4 million tonnes last oil season (November 2014 to October 2015) worth about ?65,000 crore ($10 billion).

“Globally, edible oil prices are at record low levels of 2008 and Indian edible oil producers are unable to compete with rising imports due to high prices they pay for soyabean in India,” he said in a statement on Monday.

Indonesia and Malaysia, the major palm oil producing countries, have set up a council with a common objective to maintain higher price of palm products in the international market and reduce competition amongst them.

India imported nearly 9.5 million tonnes of palm products from Indonesia and Malaysia – almost two-third of total imports in 2014-15.

Both these countries have inverted duty structure where crude palm oil attracts more duty than finished product refined palm oil, affecting the domestic refining sector. This may have serious implication for India in the long run if the government does not take corrective measures, Lunkad said.

The association has asked the Centre to revise the duty difference between crude and refined oils to at least 15 per cent to protect the margins of domestic industry and ensure some value addition within the country.

The Association has made representation with the Commission for Agricultural Costs and Prices to reduce import duty on high oil-content oilseeds such as rapeseed/mustard and sunflower seeds to 5-10 per cent from 30 per cent so that crushing of these can reduce edible oil imports and also enhance oilmeal supply for domestic consumption by feed industry and exports.

“Oilseed imports will not have any impact on the farmers as they are protected with an assured minimum support price of the government,” he said.

 

Source :thehindubusinessline.com



Abatement on construction services available even if free supplies of material not included in gross

Service Tax : Construction work of shops for local authority, which were to be allotted to unemployed people under a state sponsored scheme, is liable to service tax

Job given to wife on accidental death of husband isn't pecuniary advantage under Motor Vehicle Act

IT: Compassionate appointment given to dependent of deceased employee cannot be termed as 'Pecuniary Advantage' under periphery of Motor Vehicles Act and, therefore, amount received on such appointment is not liable for deduction for determination of compensation under said Act

Delhi HC declines to issue directions to investigating agencies to probe FCRA matters against AAP

FCRA/FEMA : Absent any reason why investigating agencies would not look into allegations against AAP(Aam Admi Party) leaders under FCRA/FEMA , Delhi HC declines to issue any directions to the agencies as regards investigation of the allegations and dismisses PIL without expressing any opinion on the merits of the case

CBEC empowers Chief Commissioners to authorize any officer of his zone to appear before Tribunal

EXCISE : Jurisdictional Officer Authorized to Appear Before Cestat Bench for Pleading A Case on Behalf of Department

Monday, 21 December 2015

Neither AO nor TPO can resort to cherry-picking of uncontrolled transactions under CUP method

IT/ILT: While determining ALP under CUP method, if number of comparable uncontrolled transactions are available, it is arithmetic mean of price charged in all such transactions, which is considered for determining ALP of an international transaction; in such a case, neither Assessing Officer nor Transfer Pricing Officer can resort to cherry-picking

CBEC decides to withdraw pending cases before HC/CESTAT if SC has already decided on identical matte

EXCISE : Withdrawal of Cases Pending Before High Court/CESTAT on Basis of Earlier Supreme Court's Decision on Idential Matters

High Court can hear appeal involving issue of 'manufacture'

Excise & Customs : Section 35G only excludes appeal from an order of Tribunal relating, among other things, to 'rate of duty' or to 'value of goods'; it does not exclude appeal against Tribunal order on issue of 'manufacture' therefore, High Court may entertain appeal involving issue of manufacture

CBEC raises monetary limits for filing appeal by revenue

EXCISE : Reduction of Government Litigation – Providing Monetary Limits for Filing Appeals by Department Before CESTAT/High Courts and Supreme Court

Annual disclosure to be made under Reg. 8(3) of takeover code even if there is no change in sharehol

SEBI: Obligation under regulation 8(3) requiring annual disclosures to be made by listed company to stock exchanges is mandatory, even if there was no change in shareholding of persons/promoters set out under regulations 8(1) and 8(2) because not merely shareholding as on last day of financial year but also changes, if any, between current and previous financial year has to be disclosed

Pen drive, networking equipment and printers are part of computer system; eligible for 60% depreciat

IT: Where assessee, engaged in business of process management services for credit cards, paid licence fee in order to get limited right to use a software programme belonging to other company, amount so paid was to be allowed as business expenditure

Credit can't be denied if capital goods are removed from factory due to paucity of space after intim

CENVAT : Where manufacturer had intimated department about shifting of machines to rented premises near factory and submitted proper documents and no job work was done, Cenvat credit could not be denied

Payment of buy-back premium is deductible if buy-back is made to settle dispute between shareholders

IT : Where no income had been accrued or received by assessee on built-up area to be constructed on one plot under an agreement to transfer two plots owned by assessee, same would not be taxable in hands of assessee

Indian agent procuring ad air time for National Geographic & Fox Channel held as agency PE of foreig

IT/ILT : Agent of US based company procuring advertisement airtime for National Geographic Channel and Fox International Channel held as its agency PE in India. Thus, profits attributable to PE of foreign company on sale of advertisement airtime were taxable in India.

Order dismissing appeal in absence of pre-deposit can't be challenged without challenging pre-deposi

Excise & Customs : Where pre-deposit order directing assessee to make a pre-deposit was not at all challenged, same had attained finality and once pre-deposit order has attained finality, dismissal of appeal for non-compliance with pre-deposit condition cannot be independently challenged