Thursday, 25 July 2013

DGFT Policy Circular No 02 (RE-2013/2009-14) dated 26-07-2013

Government of India

Ministry of Commerce and Industry

Directorate General of Foreign Trade

Udyog Bhavan, New Delhi-110011


Policy Circular No.2 (RE-2013)/2009-2014


Dated the 26th July, 2013


To


All Development commissioners, SEZ

All Licensing Authorities.

All Custom Authorities.


Subject: Validity of IEC for Export Oriented Unit (EOU) or units in Special Economic Zone/Electronics Hardware Technology Park(EHTP)/Software Technology Park(STP)/Bio-Technology Park(BTP) after de-bonding: Review of Policy Circular 26/ dated 11.8.2008.


Under Policy Circular No.26 dated 11.8.2008 , at the time of de-bonding and converting to DTA unit, a 100% EOU surrenders its IEC to the concerned Development Commissioner of Special Economic Zone (from where it obtained IEC) for cancellation. Thereafter, the firm approaches the concerned RA for issue of a fresh IEC against the same PAN Number. On the other hand, when a DTA unit converts into a 100% EOU unit, its IEC issued by RA continues to remain valid.



  1. The issue has been reviewed. It is felt that the existing arrangement can be improved to reduce transaction cost. Accordingly, it has been decided that an IEC will remain valid irrespective of a firm’s status as a DTA unit or an EOU or a SEZ/ EHTP/STP/BTP unit and the procedure to be followed in case a firm/unit is de-bonded and converted to DTA is as under:

    1. A unit, which is in EOU or in SEZ/EHTP/STP/BTP after de-bonding will not surrender the IEC obtained from its jurisdictional DC, SEZ.

    2. The jurisdictional DC, SEZ will send the original IEC file to concerned RA of DGFT after de-boding.

    3. RA becomes the custodian of such file and will allow de-bonded unit to make necessary modification in IEC.

    4. The de-bonded unit to be eligible for benefits from the RA as per FTP.




  2. It is reiterated that when a DTA unit converts itself into an EOU or a unit in SEZ/EHTP/STP/BTP, the IEC issued by the RA would continue to be valid even after such conversion.




(G. Parthasarathi)

Joint Director General of Foreign Trade

E-mail : parthasarthi.g@nic.in

(Issued from F. No. 01/93/180/38/AM 09/PC- 2(B)


Fate of application for sec. 80G exemption couldn’t be sealed without hearing the assessee

IT: Before rejecting application for granting exemption under section 80G deduction, Commissioner should give assessee reasonable opportunity of being heard


Report of Valuation Officer is binding on AO but not on CIT(A) and ITAT

IT: Where Assessing Officer in terms of provisions of section 50C(2) referred valuation of property to Valuation Officer, he was bound by Valuation Officer's report in case it was lower than value assessed by stamp valuation authority, whereas said report was not binding upon Commissioner (Appeals) or Tribunal


Here's what not to miss while filing income tax returns

The hardest thing in the world to understand is the income tax." - Albert Einstein


If it looked difficult to Albert Einstein, then what can be expected of lesser mortals?


One can imagine that how difficult it is for the layman to understand the income tax laws. So I thought of sharing this with you that the care you should take while filing your income tax returns.


Also read: Having trouble in filing returns? Here's a checklist


In this article I intend to discuss the items of income, which are taxable. But we forget to include the same in our income tax returns. Thus these remain unaccounted in our return of income due to sheer ignorance.


Incomes normally not included by us in our income:


Notional income in respect of more than one house property


We are allowed to have only one house property as self-occupied with annual value as nil. So, in case we own and use more than two properties for self-occupation, we are required to exercise an option to treat one of the houses as self-occupied for income tax purpose. A notional rent in respect of the additional house property should be offered and used for self- occupation though no rent is actually received by us.

Most of us think that since no rent is received on such property, we are not liable to pay any tax on that extra house property. The notional rent is the rent which the property is expected to fetch if actually let out.


This happens in cases where you stay in one house and the other house is occupied by your parents or other relative on which you do not receive any rent. Please consult your chartered accountant in ensuring that your tax treatment of additional property is correct.


Gifts or other benefits received by the person carrying on business


Many businessmen receive various gifts whether in the tangible form or intangible form from their business associates in the course of the business. Though the non tangible gifts are not reflected in the books of accounts but these are taxable as business income.


These include gifts like paid holidays or gifts of various valuable items. Please tell your chartered accountants about such gifts and comply with the law fully.


Capital gains on units of mutual funds switched:


For those of us who invest in mutual funds schemes do shift from one scheme to another scheme of the same fund house due to poor performance of the scheme. As this transaction of shifting from one scheme to another is not routed through your bank account, your chartered accountant (CA) may not even get to know about such switch.


You might have forgotten about such switch by the time of filing of your income tax return. The switch affected by you may be in respect of units held for less than a year or for more than a year.


Gains made on short-term units and long-term units entail different tax treatment. Even the tax treatment is different between debt schemes and equity oriented funds. Please ensure that the capital gains on such switches are disclosed to your chartered accountant to that the same are included in your income.


Interest received on bank’s savings account and fixed deposits:


There are other incomes too which people normally consider as non-exempt without any limit like interest on saving bank account and on fixed deposit. As per the present law only in respect of interest on saving bank account you can claim deduction and that too upto Rs 10,000.


So include the interest on saving bank account above Rs. 10,000 in your income as well as all the interest on your fixed deposits with various banks. Even in cases where fixed deposit has been renewed, you are supposed to include the interest for the year in current year’s income.


If you are following receipt basis of accounting even the full interest on renewed FD is taxable as the interest on such renewed fixed deposit is deemed to have been received in the year of renewal.


Even in case cases where tax is deducted on interest on such FD, you are supposed to include the income in your income and claim credit for TDS. The interest is taxable at the applicable rate and the same may not be the same as the rate on which the bank has deducted TDS.

Income earned on investment of minor child:


As per the current income tax laws, the income of a minor child is clubbed in the income of the parent whose income is higher. The money received as gift by the child is invested by parent in bank fixed deposits in the name of the child.


The interest on such FD or any other investment made is earned by the minor is to be included in the income of the parent. However an amount upto Rs. 1500 is exempt in respect of each year for every child.


So please ensure that all the above income discussed above is included in the return of income which you are filing now so as to fully comply with the law.

This will certainly make your life easier.


If you are looking at discussing some other aspects of income tax or for any other income tax related queries, please get in touch with me at the email address given below.





Recipient of GTA service can claim abatement if transporter’s declaration about non-availment of cre

ST : Recipient of goods transport agency's services may take abatement of 75 per cent only if he obtains a general declaration from transporters as to non-availment of Cenvat credit by them


CCI: No abuse of dominant position if opposite party wasn’t the dominant player in supply of bearing

Competition Act : Where tender issued by Railways did not impose a condition that bearings in pulley must be of INA brand and opposite party, stockist of INA bearing, did not hold any dominant position in relevant market, opposite party had not contravened provision of section 4


No concealment penalty for bogus gift unless it’s accompanied by bogus info by assessee

IT: Where assessee had furnished particulars of gift in return of income and no details furnished in return was found incorrect, non-acceptance of genuineness of gift could not be ground to levy penalty under section 271(1)(c)


Eepc India Seeks Tax Exemption On Export Income

25 Jul, 2013


KOLKATA: Engineering exporters today said they would approach the Prime Minister's Council on Trade and Industry seeking reintroduction of tax exemption on export income to boost competitiveness of Indian shipments in global markets.



"This (exemption) needs to be seriously considered if the government wishes Indian engineering exports to compete against Chinese manufacturers in the world market," EEPC Chairman Aman Chadha said.




EEPC India (formerly Engineering Export Promotion Council) was set up in 1955 under the sponsorship of Ministry of Commerce & Industry for export promotion of engineering goods, projects and services from India.



Engineering exports declined by 7.53 per cent in the first quarter of the current fiscal despite currency depreciation as the benefit was negated by the rising cost of production due to currency volatility, he said.



He said several countries were resorting to non-trade barriers and using anti-dumping methods to make Indian exports uncompetitive.



"This is a major worry as both USA and EU are now targeting Indian engineering goods. Earlier, raw materials like stainless steel bars and wires were targeted and now finished products like threaded rods are being also investigated," Chadha said.



He said: "We must also try to (use) counter dumping by restricting imports of these countries or at least investigating the exports of their products to India." PTI ; investors poorer by Rs 13,577 crore



Sent at 5:58 PM on Thursday babina.wahengbam: ------------ poli lead Poverty nos preliminary, BJP has no right to condemn: Shukla



New Delhi, Jul 25 (PTI) As controversy over poverty figures refuses to die down, government today said the latest estimates were just a preliminary assessment by an expert group and BJP has no right to condemn as population of poor has dwindled faster during UPA regime.



Planning Minister Rajeev Shukla also made it clear that the reduction in poverty would not mean benefits to fewer people as subsidy outgo would continue to serve over 67 per cent population of the country.



"Subsidy is no longer limited to the official poverty line and entitlement is wider," Shukla said, adding that the latest estimates were "not government's announcement or assessment".



Saying government has got something to do with poverty numbers is completely wrong, he said.



According latest estimates of the Planning Commission, the poverty ratio has declined by 15.3 per cent to 21.9 per cent in 2011-12 from 37.2 per cent in 2004-05 on account of increase in per capita consumption.



These estimates are based on a methodology suggested by a committee headed by renowned economist Suresh Tendulkar, which factored in spent on health and education besides calorie intake for tabulating number of poor.



Shukla said government had appointed a panel headed by Prime Minister's Economic Advisory Council's Chairman C Rangarajan to revisit the Tendulkar methodology and it is expected to submit its report by middle of the next year.



Taking BJP head on, he said during NDA regime the poverty numbers were less than 30 per cent based on a methodology which did not factor in expenditure on health and education.



The minister said that BJP members have no right to condemn the government over the poverty estimates as UPA rule saw decline in poverty by 2.2 per cent per year as against a mere 0.8 per cent in NDA regime.


Source:-economictimes.indiatimes.com





Service tax to be excluded from gross receipt for computing presumptive income under sec. 44B

IT/ILT : Amount of service tax, being in nature of statutory payment which does not involve any element of profit, cannot be included in gross receipts for purpose of computing presumptive income of assessee under section 44B


Kolkata Port Trust Bags Best Container Port Award

Jul 25, 2013


KOLKATA: The Kolkata Port Trust (KoPT) was adjudged the 'Container Handling Port of the Year' among all major ports in the country at the 5th South East Cargo & Logistics Awards 2013 ceremony in recognition of its excellence in container handling in 2012-13.



The award was received by I Jeyakumar, deputy chairman, KoPT at Chennai. After receiving the award, KoPT chairman RPS Kahlon said that the port has been holding third position in respect to container traffic among the 12 major ports in the country.



The Kolkata port has also registered the highest percentage of growth among major container handling ports in the country. In 2012-13, KoPT handled 6,00,235 TEUs of containers as compared to 5,52,241 TEUs in 2011-12.



During June, 2013, the M V Blue Moon created an all time record for Kolkata Dock System of highest one-leg parcel load by carrying 944 TEUs. She carried 489 TEUs in the return leg, thereby recording an exchange of 1,433 TEUs in one voyage.



Commodities that contributed to the growth in export container cargo are rice, ferro silicon, wheat, jute and jute products, engineering products and cast iron goods. The increase in imports was brought about by electronic goods, machineries, chemicals and Nepal-borne general cargo.



"To attain customer satisfaction, KoPT has introduced various customer/user friendly measures leading to improvement in efficiency and quality of service. It has also introduced several customised packages including rationalisation of port tariff," Kahlon said.


Source:-timesofindia.indiatimes.com





India: Government Considers Onion Export Bans

25-Jul-2013


With onion prices continuing to rise across the country, the Government may be compelled to consider placing a temporary ban on exports among other policy intervention.



Officials are understood to be meeting soon to consider the possibility.



“The committee of Joint Secretaries will examine all factors, including the movement of domestic prices, the reason for rising prices, existing international prices and the onion stock in the country before taking a view on the matter,” an official said.

"Onion prices have risen to over Rs 40 a kg in the retail market, especially after heavy rains hit transportation."



Heavy rain in production areas is a large factor in the rises. Easing is expected from October when fresh crops will enter the market.



Usually around 10% of total production is exported.


Source:-www.freshplaza.com





High Acreage, Lower Export Demand To Affect Soymeal Prices

25 Jul, 2013


KOLKATA: Soymeal prices in India are likely to come under pressure following higher acreage and lower exports demand. As on July 18, soybean acreage stood at 110 lakh hectares across India as against 86.2 lakh hectares last year, according to data from Solvent Extractors Association of India.



"Soymeal price has been on the decline since May 2013 as exports demand dropped, thereby increasing domestic supply. With monsoons above normal in key soybean areas and acreage higher compared to last two years, the prices are likely to remain subdued. We believe, the price could well drop below Rs. 28,000 per tonne on ex-Indore basis," said Mr Raju Choksi, Vice President (Agro Commodities), Anil Nutrients Ltd.



As per data from Solvent Extractors Association, soymeal exports during April-June 2013 period fell by almost 36% at 4.1 lakh tonnes as against 6.37 lakh tonnes in the corresponding period of last year. The data showed exports to Iran, the biggest importer of soymeal from India, fell by around 13% for the period under consideration.



According to the fourth advanced estimates released by the government on Monday, the soybean crop size was 146.8 lakh tonnes in 2012-13 against 122.14 lakh tonnes in 2011-12. "With higher acreage this year, we believe the crop size could well be close to 160 lakh tonnes or around 10% higher than last year. This would easily put pressure on prices in 2013-14, if exports don't pick up as they did in the last quarter of 2012-13," said Mr Choksi.



Soymeal for new season is being traded at $455 per tonne for delivery during November/December. This is against $545 per tonne for ready delivery.


Source:-economictimes.indiatimes.com





Car Imports Go Into Reverse

Vehicle imports slumped 10.7 percent in the first half, to 526,000 units, as the domestic demand slowdown of the past two years drove up inventories of foreign cars.



Customs figures also show that the decline was the first half-year contraction since 2006, when China implemented its World Trade Organization commitment to lower the import tariff for vehicles to 25 percent.




The figures "indicate that dealers are making efforts to ease their high inventory pressure, as imported vehicle sales in China are still increasing this year, though growth slowed from years before sharply", said Wang Cun, a senior manager of China Automobile Trading Co Ltd, the country's largest vehicle importer.



According to the company, in the first five months, sales of imported vehicles increased 8 percent from a year earlier to 447,000 units, compared with growth of 76.1 percent in 2010, 29 percent in 2011 and 18.7 percent in 2012.



"The high market demand and growing speed made the dealers raise their expectations and order more vehicles from outside China.



"However, the sudden slowdown in the domestic market led to an oversupply, and dealers suffered from increasing inventories from the fourth quarter," said Wang.



"To ease the inventory pressure amid a continued market slowdown, they need to reduce imports," he added.



Statistics from the company show that in May, dealers' average inventories of imported vehicles stood at 2.7 times monthly sales.



"That means the dealers will continue their market promotions, including price cuts and other offers, to cope with the high inventory," said Wang.



According to the company's second-half forecast, the growth rate for imported vehicle sales in the world's largest automobile market will continue to slow to a range of 8 to 10 percent.



By segment, sport utility vehicles continued to dominate the imported sector, with 61 percent of overall sales.



In the first five months, China imported 271,000 SUVs, the only segment that was still increasing, for a gain of 17.3 percent.



In comparison, sedan imports fell 3.5 percent to 159,000 units and imports of multi-purpose vehicles stood at 16,000 units, down 5.2 percent.



The share of vehicles imported from Germany (Mercedes-Benz, Audi and BMW) dipped 3.2 percentage points to 66.5 percent.



Demand for vehicles from the United States surged, lifting their market share by 4.2 percentage points to 12.3 percent in the imported segment.



Wang said that in the second half, there is "potential" in European branded vehicle imports, excluding those from Germany, while the US share will continue to rise.



China's first-half vehicle exports saw a slowdown. Half-year growth ground to a near-halt, slowing from 29.7 percent in 2012 to just 2.29 percent this year.



China's top vehicle exporter, Chery Automobile Co, saw exports fall 49.6 percent in June and 24.82 percent for the first half.



The latest figures from the China Association of Automobile Manufacturers show that in the first half, China's domestic vehicle production and sales both surpassed 10 million units, with year-on-year growth of more than 12 percent.



The association said that the double-digit growth can be attributed to surging demand for passenger vehicles, led by sedans and SUVs.



In the period, 8.66 million passenger vehicles were delivered to Chinese consumers, up 13.8 percent from a year earlier. SUV deliveries surged by more than 40 percent.


Source:-usa.chinadaily.com.cn





EPFO starts registration of digital signatures of employers

NEW DELHI: To facilitate online transfer of PF accounts of employees on changing jobs, retirement fund manager EPFO has started the process of registering digital signatures of employers which is a prerequisite.

According to an official circular issued today, Employees' Provident Fund Organisation (EPFO) has directed its over 120 field offices to depute a nodal officer to facilitate the process of registering digital signatures of the firms.


The facility to upload digital signatures to employers would be available on Online Transfer Claim Portal (OTCP) through EPFO official website.


According to EPFO, the success of online transfer of PF accounts would depend on how many employers register their digital signatures as it is a prerequisite for authentication of the transfer claim.


Taking the first step towards launch of online PF transfer claim facilities, EPFO had earlier this month unveiled the revised transfer claim form for the purpose.


EPFO is likely to start the online PF transfer claim facility by the end of the next month. With this, a subscriber of the EPF scheme would be able to apply online for transfer of PF accounts through his new employer.


The revised 'Transfer Claim Form' can be presented after verification, either through the present employer or the previous employer. Earlier, the form could be submitted after verification only through the present employer.


EPFO has set up a central clearance house to enable subscribers to apply online for PF withdrawal and transfer claim settlements.


During 2012-13, 107.62 lakh claims were settled, out of which 88 per cent of claims were processed within the prescribed 30 days as per the body's citizen charter.


EPFO is expecting 1.2 crore claims in 2013-14, including around 13 lakh PF transfer claims. The body has planned to settle online around 10 lakh transfer claims of tech-savy applicants from industries like IT and other sectors this fiscal.





EPFO starts registration of digital signatures of employers

NEW DELHI: To facilitate online transfer of PF accounts of employees on changing jobs, retirement fund manager EPFO has started the process of registering digital signatures of employers which is a prerequisite.

According to an official circular issued today, Employees' Provident Fund Organisation (EPFO) has directed its over 120 field offices to depute a nodal officer to facilitate the process of registering digital signatures of the firms.


The facility to upload digital signatures to employers would be available on Online Transfer Claim Portal (OTCP) through EPFO official website.


According to EPFO, the success of online transfer of PF accounts would depend on how many employers register their digital signatures as it is a prerequisite for authentication of the transfer claim.


Taking the first step towards launch of online PF transfer claim facilities, EPFO had earlier this month unveiled the revised transfer claim form for the purpose.


EPFO is likely to start the online PF transfer claim facility by the end of the next month. With this, a subscriber of the EPF scheme would be able to apply online for transfer of PF accounts through his new employer.


The revised 'Transfer Claim Form' can be presented after verification, either through the present employer or the previous employer. Earlier, the form could be submitted after verification only through the present employer.


EPFO has set up a central clearance house to enable subscribers to apply online for PF withdrawal and transfer claim settlements.


During 2012-13, 107.62 lakh claims were settled, out of which 88 per cent of claims were processed within the prescribed 30 days as per the body's citizen charter.


EPFO is expecting 1.2 crore claims in 2013-14, including around 13 lakh PF transfer claims. The body has planned to settle online around 10 lakh transfer claims of tech-savy applicants from industries like IT and other sectors this fiscal.





RBI increases minimum daily CRR balance limit to 99% with effect from July 27, 2013

BANKING : Section 42(1) of The Reserve Bank of India Act, 1934 - Change in Daily Minimum Cash Reserve Maintenance Requirement


Prohibition on appointment of sole selling agents for sale of specified drugs extended by 3 years

CL : Section 294AA of The Companies Act, 1956 - Power of Central Government to Prohibit Appointment of Sole Selling Agents in Certain Cases - Prohibition for Appointment of Sole Selling Agents by Companies in Specified Goods - Amendment in Notification No.GSR 601(E), Dated 16-7-2010


ITAT didn't accept meagre allocation of advertisement exp. to assessee as its sales had increased mu

IT/ILT: Where assessee along with its parent company incorporated in Korea entered into an agreement with Global Cricket Corporation (GCC) to sponsor Cricket World Cup 2003 to promote sale of LG products and cost of sponsorship was shared between assessee and its parent company in ratio of 40:60, since assessee's sales had increased by 35.04 per cent during financial year 2002-03 pursuant to sponsorship of cricket event, TPO's action of apportionment of GCC contribution in ratio of 5.40:94.60 be


If pre-deposit order considered assessee’s capacity to pay, it couldn’t be challenged on ground of ‘

ST : If capacity of assessee to pay has been noticed and there is absence of any financial burden, it cannot be construed that there is an undue hardship for assessee to resort to claim waiver of pre-deposit.


Special audit doesn’t contemplate an opportunity beforehand to assessee of being heard

IT : Proviso to section 142(2A) does not envisage any personal hearing to assessee before an order under sub-section (2A) can be passed