Tuesday, 23 September 2014
SC: No violation of service rules by whistleblower, an IAS officer, on filing of writ petition again
Salary paid by overseas HO to expatriate employees working exclusively for Indian branch is fully de
No further addition to be made in survey proceedings if addition was already made in original assess
HC advises Commercial Tax Officer to follow set time-limit to take consequential action in case of i
CBDT seeks inputs from officials on its instructions containing allocation of work amongst CIT(Judic
CBDT reconstitutes DRP panel at Kolkata
No reassessment on basis of audit report as it couldn’t be regarded as info indicating escaped incom
HC directed revenue to lift attachment of bank accounts as ITAT had already granted stay against tax
CBEC releases guidelines on structure, administrative set-up and functions of Audit Commissionerates
Madhya Pradesh Govt. amends VAT Rules; revises Form 10 and forms for work contractors/composition de
CBEC takes a leaf out of CBDT's book; mandates transfer of refund/rebate claim into bank account of
Revisional proceedings by Joint Commissioner upheld as assessee had misused from XVII for concession
Order of DRP without considering objections of assessee is a 'non-speaking' order; set aside by ITAT
Even employee’s contributions to PF are deductible if paid by employer before due date of filing ret
HC sanctioned amalgamation scheme as it was in interest of Co. and IT department didn't raise object
Monday, 22 September 2014
Manufacturer couldn’t be deemed as job-worker merely due to professional control of buyer over raw m
MCA tweaks norms for DIN, excludes requirement of PAN in data bank of eligible independent directors
Contribution towards approved group gratuity scheme of LIC is a deductible exp. under section 36(1)(
Particulars in Form A4 are essential for verifying unfructified sales as well as refund claim on unf
SC: HC couldn’t quash complaint against dishonour of cheque merely for want of proof of service of n
No TDS liability of assessee on fees charged by NR bank for ‘LOC’ if it had privity of contract with
Commission paid to foreign agents for procuring export orders was outside the ambit of 'FTS'
Electric control panel manufactured by appellant was plant and machinery; eligible for lower rate of
HC set aside block assessment proceedings as AO failed to record satisfaction within 2 years of sear
Tribunal's order directing penalty is valid from the date when it is passed and not from date of its
No denial of TDS credit on its non-appearance in ITD system of department if Form No. 16A was issued
CBEC instructs department to appeal against cases involving levy of SAD on imports made under DEPB S
Delhi CESTAT lists out instances in which appeals can be admitted for credit adjustment against mand
Goods detained by Commercial Tax officer due to undervaluation to be released subject to payment of
Disclosure of additional income in revised return after filing of block return would attract penalty
Technical payments to AEs couldn’t be held as nil if payments under technical agreement were duly ap
Transfer of employees as per circular in force couldn’t be withdrawn due to subsequent change in pol
No prejudice caused to petitioners on change of BIFR bench as they availed of opportunity to put for
CBDT extends 80% rate of depreciation on windmills and devices running on wind energy installed afte
Sunday, 21 September 2014
No dismissal of appeal on grounds of delay as assessee became aware of assessment order quite late
Disallowance of bogus commission paid to agent in previous year could trigger reopening of cases of
Tribunal could extend stay after passing speaking order that delay hadn’t taken place due to fault o
No penalty if assessee offers undisclosed income to tax in return filed pursuant to search of anothe
HC directs Assessing Authority to gather info from assessee’s agent regarding alleged concealed purc
CLB quashed applicant’s frivolous plea asking for copy of annual accounts as he had failed to pay re
Deductor couldn't be treated as an assessee-in-default if deductee was not liable to pay taxes due t
Saturday, 20 September 2014
Tribunal is empowered to extend stay even for delay beyond 365 days after passing speaking order
Receipts of all institutions of one society are to be clubbed together to check limit of 1 crore und
Officer-in-charge rightly ordered seizure of goods when certain undeclared goods were found in truck
Share transactions supported by broker's note, share certificate and demat statement couldn't be hel
Contractee validly reimbursed only ST paid in cash as contract provides for reimbursement on proof o
ITAT denies depreciation as assessee failed to prove that asset was used in his business operations
ITAT directs TPO to make afresh TP adjustment in accordance with directions issued by it earlier
ITAT directs TPO to make afresh TP adjustment in accordance with directions issued by its earlier
Penalty under Rule 96ZO can be lesser than duty; mandatory penalty equivalent to duty is unconstitut
Handwritten statements corroborated with other docs couldn’t be said to be obtained under coercion u
Friday, 19 September 2014
Prior to 1-7-2010, licensing of duty free shops within airport amounted to renting of immovable prop
AO couldn’t make disallowance by resorting to rectification proceedings for debatable issues
SEBI enhances fee for settlement of administrative and civil proceedings by two-folds
Imparting training to students in Nautical Science and Marine Engineering was liable to service tax
No deemed dividend on receipts pursuant to family settlement even if assessee had substantial intere
HC keeps winding-up plea in abeyance after knowing that respondent-co. was making profits
Charterer of ship can't be alleged as conduit if relevant docs proves it's position; treaty benefits
HC grants reasonable time to department for pursuing revisional remedy against order of Tribunal
Acquirer-Co. not liable to pay non-compete fee to public shareholders if it was paid to promoters of
CBDT seeks inputs from officials to improve quality of assessment orders and to reduce litigation
ITAT allows sec. 54 relief for two flats as their layout plan indicated that both were used as a sin
HC denies to relax delay in making drawback claim by assessee as act of non-reversal of credit was d
To compute ALV AO has to determine standard rent of property if it isn't fixed under Rent Control Ac
Indexation benefit available from the year in which asset was held by previous owner to compute cost
Electronic portable ticketing machine is not an IT product; liable to 12.5% VAT under residuary entr
DIT asks Nodal officers to transfer out PAN from old/orphan jurisdictions to jurisdictional AOs
HC disallows business expenses of ‘Liberty’ as it had already transferred its business to franchisee
Pre-delivery inspection charges not includible in excisable value if second inspection was made at b
CBEC rescinds old orders relating to appointment of officers and their jurisdiction issued under ST
Govt. constitutes National Advisory Committee for formulation of accounting policies/standards
Royalty income offered by NR at lower tax rate without any assessment to be deemed as escaped income
No denial of service tax refund merely on the ground that it wasn’t shown as receivable in books, sa
HC imposes exemplary cost on petitioner for filing winding-up plea with a mala-fide intention
Thursday, 18 September 2014
HC directs revisional authority to pass fresh order under Karnataka Sales Tax Act after hearing asse
SC: Unabsorbed depreciation is to be adjusted only against export income for computing sec. 10B reli
China May Slow But India Still Loves Coal
New Chinese government coal import regulations designed to cut air pollution could mean more drops in exports for the coal mining industry.
Experienced mine cost data analyst and head of coal at AME Group, Linda Taglieri, said China's announcement had already impacted the thermal coal market.She said China's imports had already fallen by 12% in the first part of this year.
Ms Taglieri told attendees at the Queensland Government-organised Major Projects Conference on Thursday it would be a trend for China as the country moved in the direction of renewable energy and against coal.
But she said there was demand for thermal coal in India.Ms Taglieri said the country's coal was currently sourced from Indonesia, but if India wanted to improve its efficiency it could look to Australia.
A senior figure from Indian mining giant Adani Group who is based in Australia, Sandeep Mehta, said India offered the biggest possibility for coal export.The Ports at Australia Adani chief said India would have a need for coal in the foreseeable future, and "as much of it as we can get".
Mr Mehta said both coal and gas would be critical for India's future.He is part of the team working on the Carmichael Mine in the Galilee Basin.Mr Mehta said the project had the potential to be Australia's largest coal mine.
Source:- gladstoneobserver.com.au
Civil courts can order for reconstruction of lost records
AO couldn’t allow notional depreciation while computing capital gains on sale of seized assets by ba
Govts Supporting Subsidies In Cotton, Says Global Body
Across ten countries, Government support to cotton has continued to be high. Subsidies include direct support to production, border protection, crop insurance and minimum support price mechanism.
In the 2013-14 season, such support totalled an estimated $6.5 billion (roughly ?40,000 crore), down from a record $7.4 billion in 2012-13, Washington DC-based International Cotton Advisory Committee, an inter-governmental body, said in a report. Subsidies averaged 26 cents a pound in 2013-14, unchanged from the previous year.
The Cotlook A-Index average price in 2013-14 was 91 cents a pound which means that cotton subsidies accounted for close to 30 per cent of the price.
The strong negative correlation between subsidies and prices is well-known. In a year when prices are high, subsidies tend to decline and vice-versa. The decline in subsidy in 2013-14 can be attributed to a rise in price compared with the previous year when the index averaged 88 cents a pound.
And, for the same reason, in countries such as Brazil, India, Pakistan and Mexico, prices were higher than the minimum support price in 2013-14, ICAC said. In addition, in India, the Government made no direct purchase.
Cotton producers in the US receive support in various forms including direct payments, counter-cyclical payments, loan deficiency payments, marketing loan gains and crop insurance. The US cotton producers received about $593 million in direct payments during 2013-14 ($580 million), the report said.
Source:- thehindubusinessline.com
Basmati Exports To Fall As Iran Raises Import Duty To 45%
India’s Basmati rice exports to Iran, the biggest market for the country's long-grain aromatic rice shipment, are expected to fall this fiscal due to a hefty 45% duty on imports, imposed three months ago.
Besides the Iranian government's insistence on certification on Good Agricultural Practices (GAP) and ISO 2200, which deals with food-safety management and packaging protocols have also slowed down the exports.
As per the latest data, in the first four months of current fiscal (April-July 2014), Basmati rice exports have declined 12% to 1.19 million tonne, mainly due to slow down in the shipment to Iran.
Sources said earlier Iran used to impose only 10% duty on rice import. However, it hiked the import duty a couple of months ago to protect its domestic farmers. The Iranian rice produce enters the market by July and August.
“Last fiscal, the exports of Basmati rice to Iran had reached the highest level at 1.4 million tonne and this year, the shipment is expected to be around one million tonne,” said a commerce ministry official.
The official said that depending on the domestic production in Iran, it would review the import duty structure in the next couple of months. Iran imports about 40% of rice requirement and around 80% of the imports is sourced from India.
The commerce ministry official also said an Indian delegation will visit Iran in October to discuss rice export issues. “We need a single-window clearance system for our rice exports to Iran so that shipment is stream-lined and remains sustainable,” said All India Rice Exporters’ Association (AIREA) president MP Jindal,
Meanwhile, Iran has also revised the 'accepted level' of arsenic in basmati rice from 150 ppm (parts per million) to 120 ppm and asked Indian exporters to put a tag on each pack of consignment ensuring traceability in case aresenic level is found more than the specified limit.
Apart from Iran, other key destinations for Indian basmati rice are Saudi Arabia, the UAE, Kuwait and Iraq. Non-basmati rice is exported mainly to African countries, including Benin, Nigeria, South Africa and Senegal.
The value of Basmati rice exports in 2013-14 was at Rs 28,187 crore. The country exported 3.7 million tonne of Basmati rice last fiscal.
India had launched a rupee-settlement mechanism from April 2012 with Iran to avoid sanctions from the US and the European Union.
Source:- financialexpress.com
India Inflicts Tax On Chinese Steel Imports
The new action is to strengthen the domestic steel industries, who has been complaining repeatedly about the increase in cheaper imports of steel products like long and flat coils, especially from China occupies large part of the Indian market. Steel products from other countries like Japan, Ukraine, South Korea is also being imported into the country.
Chief Executives of six major steel companies in India meet up with the Steel and Mine Minister of India, Narendra Singh Tomar, in order to discuss about the companies’ conflict regarding the increasing input cost and slow market condition, and along with that also the increasing problems with cheap imports.
According to the sources the meeting ended up with a decision of imposing a safeguard tax in all cheaper imports. The heads of companies stated the minister that the last year’s import from China exceeded all the highest records, and so the government should make required pressing to contain the situation.
The steel companies also accused Chinese imports to be lower than required quality standards, under the Quality Control Order 2012 and import classification. The chairman of SAIL, CS Verma stated that, China is exporting TMT bars, which are thermo mechanically treated, are imported to India in lower taxes as well as with export benefits. He also added that many of the Asian countries, including Thailand, have already taken action to contain Chinese imports, and it is already time that India takes action too.
Source:- metal.com
India Nearly Doubles Oil Imports From Iran In Jan-Aug
Fresh figures show that India’s crude oil imports from Iran have increased by nearly 50 percent in January-August compared with the same period in 2013.
According to data from trade sources, New Delhi imported 271,000 barrels per day (bpd) of Iranian crude in the first eight months of this year, which is nearly double the amount it had purchased during the corresponding time span last year.
Figures further indicate that India bought 273,500 bpd of Iranian oil in August, up 30 percent from the previous month and some 81 percent higher than a year ago.
The August rise in India’s oil imports from Iran came after the Indian Oil Corporation, the country’s biggest refiner, shipped in nearly two million barrels of Iranian crude following a two-month gap.
Last month, Reuters cited similar data showing that Indian crude imports from the Islamic Republic rose by around 46 percent in January-July compared with the same period in 2013.
India is the largest buyer of Iran’s crude after China.
Iran has seen a rise in its oil exports following the implementation of an interim nuclear deal between the Islamic Republic and the five permanent members of the UN Security Council - the United States, China, Russia, France and Britain - plus Germany.
The interim agreement has provided Iran with some sanctions relief in exchange for the country having agreed to limit certain aspects of its civilian nuclear work. Part of the sanctions targeted the Islamic Republic’s oil and financial sector.
Source:- presstv.ir
Renews Customs Cooperation Pact
India and China have renewed the agreement for Mutual Administrative Assistance and Cooperation in Customs matters. A fresh agreement was signed by the Chairperson of Central Board of Excise and Custom (CBEC) JM Shanti Sundharam and the Chinese Ambassador to India.
The fresh agreement will help in timely availability of relevant information for prevention, investigation and combating Customs offences. It will assist customs administrations in both the countries to exchange experiences in the techniques and methods of clearance of goods and passengers, exchanging information on new trends of smuggling and in simplification and harmonisation of procedures.
Source:- thehindubusinessline.com
Rupee Ducks Asia Forex Falls To End Higher At 60.83/Dollar
The rupee gained on Thursday tracking a rally in domestic shares on hopes the country would retain its appeal to foreign investors, despite uncertainty about the outlook for US interest rates that hit other emerging markets.
The partially convertible rupee ended at 60.83/84 per dollar, compared to its close of 60.92/93 on Wednesday.The US Federal Reserve on Wednesday renewed its pledge to keep interest rates near zero for a "considerable time," but also indicated it could raise borrowing costs faster than expected when it starts moving.
Although emerging Asian currencies were hit, the rupee gained as Indian shares rose nearly 2 per cent on speculation of strong foreign buying due to improving domestic fundamentals.
"The turnaround in the stock market during the course of the day on back of various rumours changed the outlook for the pair," said Naveen Raghuvanshi, a foreign exchange dealer with DCB Bank in Mumbai.
The rupee's modest gain stood out against the 0.27 to 0.81 per cent fall in the Indonesian rupiah, Korean won, Malaysian ringgit and the Philippine peso.
Foreign funds have bought debt and equity worth nearly $3.10 billion so far in September, as per regulatory data, bringing their total for the year to $33.15 billion.
Some traders said a report from a local news channel that Standard & Poor's would raise its rating on India also boosted shares and bonds, even as analysts said a full grade upgrade is unlikely given that India is at a "negative" outlook.
In the offshore non-deliverable forwards PNDF, the one-month contract was at 61.17/22 while the three-month contract was at 61.76/86.
Source:- profit.ndtv.com