An Economical Insight, China
• China continues to hold the World economy in suspense.
• Consumption of commodities has dropped on account of a slowdown sin consumption and the question is upto what extent are the Chinese Banks are saddled with Bad Debts.Non performing Loans are 140 Billion Yuan.
• An estimate puts the figure of public debt at 23 Trillion ‘Renminbi’.ie. US$ 3.70 Trillion.
• This is 208% of China’s GDP.The foreign reserves are 3.50
• “Renminbi” is the official currency of China and “Yuan” is the name of a Unit of the Renminbi currency.
• China holds us $ 1.24 billion of US Govt. treasuries.
• In August US $ 150 billion capital left China.
• Chinese products have become cheaper on account of the depreciation and now the goods are being dumped
Is the Economy in a tailspin?
Despite a steep drop in crude oil prices and Steep rupee depreciation,
• Exports have steadily declined in the last 14 months;
• Bulks of national domestic investment are household savings and these have dropped from 34% in 2005 to 28% in 2015.
• The Non performing assets of banks have risen at a rate sharper than the new advances made by the banks.
• Actual investment in infrastructure has been only Rs 42,000 crores lower than Rs. 44,500 crore in 2005-06. India needs $1 billion investment in infrastructure.
• The manufacturing sector has grown at abysmally low rates of 2% to 5% and a mere 0.1% in the July-September Quarter
• The rural economy is facing the third successive failure of monsoons and prices of rural products have sky rocketed.
• Unseasonal rains have damaged standing crops. Sugar crops have withered and are being fed as cattle feed. Farmers continue to get unreasonable prices for their produce and the Mandis make all the gains.
• Rural demand has dropped which has effected all the Companies.
• Nearly 72% Bankers interviewed by E&Y , believe that the NPA position is going to worsen over the next two years. Lapses in due diligence of the Borrower have resulted in the BANK LOANS TURNING UN PRODUCTIVE. Is AMTEK AUTO just the tip? JP INFRA has been downgraded to JUNK rating after defaulting on repayments
• Of the manufacturers interviewed by FICCI, only 25% intend investing in capacity. Demand is expected to remain soft. Aggregate deposits have grown at 11.4% and Credit at 13.3%
Govt. imposes 20% safeguard duty on Import of select Steel Products:
• Government has imposed provisional safeguard duty of 20 per cent on import of certain categories of steel with a view to protect domestic producers from recent surge in inward shipments.
• This order (imposing duty) comes into effect immediately and a notification in this regard has been issued. This duty will be applicable for a period of 200 days, during which period the inquiry would be completed by Directorate General of Safeguards.
• The duty will apply on specified categories of steel from all countries over the last few weeks there has been a sudden surge of steel import into the country and therefore DG Safeguard has embarked upon an inquiry.
• The government is considering increasing the FDI limit in private banks to 100% from the existing 74 %.
• FDI norms being relaxed for sectors such as medical devices, defence and construction activities.
Currently FDI investment is US $ 950 billion.
TAXATION ASSESSMENT UPDATES
Notification of the Income Computation Disclosure Standards (ICDS)[Notification no. 32/2015, dated [31.03.2015]
As per the provisions contained u/s 145(2), the central Govt. is empowered to notify in the official gazette from time to time, INCOME COMPUTATION & DISCLOSURE STANDARDS s(ICDS) to be followed by any class of assesses or in respect of any class of income.
Accordingly, the central govt. has notified 10 ICDS to be followed by all assesses following the mercantile system of accounting for the purpose of computation of income income chargeable to tax under the following two heads:
1. Income under the heads “Profits and gains of business or profession’’; and
2. “Income from other sources’’. The aforesaid 10 ICDS are as follows:
I. ICDS 1: Accounting policies;
II. ICDS 2: Valuation of inventories;
III. ICDS 3: Construction contracts;
IV. ICDS 4: Revenue Recognition;
V. ICDS 5: Tangible fixed Assets;
VI. ICDS 6: The effects of changes in foreign exchange rates;
VII. ICDS 7: Government Grants;
VIII. ICDS 8: Securities;
IX. ICDS 9: Borrowing costs;
X. ICDS10: Provisions, contingent liabilities and contingent assets.
I-T department receives 2 crore returns on e-filing portal till September 7.
The income tax department has received 2.06 crore returns, up 26.12 per cent, on its e-filing portal as of September 7 - the last day for filing the returns by individuals.
In the forthcoming asssessment year , the IT Forms will come pre filled with Assesssee information , 26 AS details, AIR information and other data captured from PAN, Aaadhar and Bank details
MAT wil not be applicable on foreign companies who do not have permanent residence and office in India and those covered under DTAA.
Disclosure of overseas assets
• The 90 days compliance window to declare assets overseas expires on 30th Sept. after which the income tax department will commence stiff penal proceedings against individuals who have not declared such assets.
• The penalties are 60% on compliance before 30th Sept. and 120% and imprisonment, on compliance after Sept.30th.
• In a major move providing relief to income tax assesse CBDT has proposed sending email notices to assesses and save them from a personal interface with the Assessing Officer , to do away with the harassment that assesses have to face in the department.
• The Income tax Dept. has sent out notices to 15 lac individuals who have transacted in property worth Rs 30 lacs and more and not declared the transaction in their IT returns.
Latest case laws relating to Income tax
1. Benefit of carry forward of set off of loss - restriction u/s 80 - even though it had very genuine and reasonable cause for not filing return of income for A.Y. 2004-05 on or before the due date u/s. 139(1) of the Act. It is not possible to allow relief to the assessee based on equitable considerations.
2. Penalty imposed u/s272A(2)(k) - e-TDS statements filed much later than the due dates - Once the delay in payment of tax is explained satisfactorily penalty u/s. 272A(2)(k) of the Act cannot be levied for the period till payment of tax.
3. Failure to deduct TDS under section 194C - Assessee got transported the sugar cane from the fields of farmers to its premises with the help of transporters - assessee was not at all responsible for transportation of the sugar cane. Thus, section 194C is not applicable.
4. Levy of penalty u/s.271(1)(c) - default u/s. 2(22)(e) - the assessee has no explanation for his conduct in not returning the impugned income - This despite being aware of the provision being attracted - also there is shift in the assessee s stand with time - levy of penalty confirmed.
5. Registration granted u/s. 12A cancelled - If the trustees are misappropriating the funds if they are maintaining false accounts it is open to the authorities to deny the benefit under section 11 of the Income Tax
6. Payment of logo charges: Revenue v/s expenditure- usage of logo by the assessee is only for displaying it on the product manufactured i.e. rubber contraceptives. That too for a limited period as in lieu of payment @ 2% of gross sales- allowed as revenue expenditure.
7. Revision u/s 263: Endless enquiry is not possible and it is for the LD.AO to decide when to end the enquiry. The LD.CIT cannot transgress the jurisdiction U/s 263 of the act by mentioning that no proper enquiry was made.
8. Accrual of income: It was received only as advance for performing projects in future. Advances received cannot be assessed in the year of receipt but has to be assessed in the year of performing contract.
9. Nature of payment received: Royalty or fees for technical services (FTS) – BCCI becomes the owner of that program content produced by the assessee. The job of the assessee ends upon the production of the program content and broadcasting is carried out by some other entity to which license was granted by the BCCI cannot be held as royalty.
10. Claim of exemption under section 11 denied -Assessee is rendering services to its members custom house agents, to carry out their business/professional activities - assessee cannot be considered as a charitable organization.
11. Once the assessee has capitalized the payment in question though the assessee has not deducted the tax at source on such payment, Section 40(a)(i) cannot be invoked for disallowance of depreciation.
12. Loss on account of futures and options set off against the business profit - the entire transaction carried out by the assessee, indicated above, was within the umbrella of speculative transaction. There was, as such, no bar in setting off the loss arising out of derivatives from the income arising out of buying and selling of shares.
12. Deduction u/s 10B - manufacturing activity or not - the process of extraction of rock and converting it into dimensional block had resulted in transformation of the object or article or thing into a new and a distinct object or thing having a different name, character and use - deduction allowed.
13. Just because expenditure is debited in books towards brand building, which it purportedly is, and statutory recognition has since been accorded to such an intangible asset, as a “brand” would not by itself imply that an advantage in the capital field, or of enduring value to the business has, arisen to the assessee upon incurring the expenditure.
Important case laws and judgments :
1. Extended period invoked cannot be more than what is specified in the Act:
In the case of Shri Dharampal Lalchand Chug Vs CCE, it was held by Bombay High Court that the period of limitation prescribed in section 11A of the Act cannot be enlarged. Once it is possible to scrutinise and verify the compliance of the terms and conditions on which the exemption has been issued in this case.
2. Telecom service providers not entitled to avail CENVAT credit on towers, its parts & pre fabricated buildings – HC
In the case of Vodafone India Ltd. V/s. The Commissioner of Central Excise, it was held by Bombay High Court that by following the principles laid down in the case of Bharti Airtel Ltd. v/s Commissioner of Central Excise, a telecom service provider is not entitled to credit of duty paid on towers (in CKD and DKD form), parts of towers, shelter / prefabricated buildings used for providing output service.
3. Trade discount quantified subsequent to clearance in an admissible deduction from transaction value- HC
sIn the case of M/s Shyam Steel Industries & Anr. Vs. Deputy Commissioner of Central Excise and Service Tax & Ors, it was held by Calcutta High Court that discount of any type made known prior to the clearance of the goods but quantified subsequently and passed on to the customers is an admissible deduction from the transaction value and as such the assessment for such transactions may be made on a provisional basis.
4. Section 11A mandatory for recovering refund granted pursuant to the order which subsequently declared as unsustainable- HC
In the case of The CC&CE V/s M/s. Panyam Cements & Minerals Industries Ltd., Kurnool, it was held by Andhra Pradesh High Court that invoking Section 11A is mandatory for recovering the refund granted pursuant to the adjudication order passed under section 11B which subsequently declared as unsustainable.
5. Demand barred by limitation if suppression not proved- HC
In the case of, M/s. Aidees Electronics Pvt. Ltd. V/s. CCE it was held by Madras High Court that if the original authority had invoked the enhanced period of limitation on only one particular ground viz., suppression of fact and the appellate authority had set aside that finding, the larger period of limitation was not available to the Department themselves in view of the fact that the Tribunal did not interfere with the finding of the first appellate authority relating to the only basis on which the enhanced period of limitation was taken recourse to by the Department.
6. Classification of shrink sleeves - the printing was only incidental and the main purpose of the product is to provide tamper protection to the product to make shatter resistance, enhance puncture resistance and tamper proof packing - it is covered by plastic industry.
7. Restoration of appeal - Having found that the present Writ Petition is gross abuse of this Court’s Restoration of appeal - Having found that the present Writ Petition is gross abuse of this Court’s jurisdiction, the order of pre-deposit passed in the year 2001 was complied with belatedly and the restoration application was not pressed before the Tribunal we dismiss this Writ Petition with costs quantified at ₹ 25,000/
8. Refund of excess duty - Valuation - If the discounts are given, the value would be lowered resulting in assessees’ liability to pay reduced duty in which case, if assessee has paid back the excess duty to the customers, he would be entitled to the refund of the same.
9. Cenvat Credit on capital goods - Export of Yarn exempted from duty - Since during the period of dispute the appellant was clearing the goods by availing full duty exemption as well as on payment of duty, the capital goods cannot be treated as having been used exclusively in the manufacture of exempted goods and Cenvat credit in respect of the same cannot be denied.
10. Denial of consequential refund - entire demand arose out of differential duty worked out in each invoice. The goods were already cleared - question of unjust enrichment does not arise. - appellants are eligible for refund amount debited in RG.23C-Part-II as re-credit of cenvat credit
11. Clandestine removal of goods - Recovery of incriminating documents - The uncorroborated statements of third party cannot be adopted as an evidence, without corroboration from an independent source though such statements can be of some value but cannot be solely relied upon for the purpose of holding against the assessee
Provisions related to issue of invoice under service tax:
As per Rule 4A(1) of Service Tax Rules, 1994 every person providing a taxable service is required to issue an invoice or bill signed by such person or a person authorized by him in respect of taxable service provided or to be provided by him and such invoice or bill, as the case may be.
Automation of central excise & service tax (ACES):
ACES stands for Automation of Central Excise and Service Tax. ACES is a centralized, web-based and workflow-based software application. This application was initially rolled-out in the Large Tax Payer Unit (LTU) Commissionerate in Bengaluru in December, 2008. Subsequently, it was implemented across India in phases covering all 104 Central Excise, Service Tax & LTU Commissionerate.
Filing of service tax returns:
Every person liable to pay service tax has to submit half yearly return in form ST-3 within 25 days of the end of the half-year, as per rule 7 of Service Tax Rules, 1994, read with section 70(1) of Finance Act, 1994. Similarly, Input Service Distributor (ISD) is also required to file half yearly return.
Distribution the credit of service tax through input service distribution (ISD):
In business, it is often that some common input services are purchased by Depots/Region office/Head office pertaining to factories located in several States. The input CENVAT credit on such common input services can be distributed to respective manufacturing units through a mechanism called Input Service Distribution (ISD).
Service tax department to focus on 5 evasion prone sectors
The sectors, according to the Service Department, which have been identified as evasion prone sectors which include:
• Aviation operations;
• Manpower recruitment;
• security agencies;
• works contract;
Activity of laying, jointing, testing and commissioning of PSC Pipes, construction of pumps, civil structures, supply, delivery and commissioning of submersible pump set and turbine pump sets, maintenance etc. - It was an activity in public interest, to take care of the civic amenities liable to be provided by the State - Not taxable.
Levy of penalty - service tax and interest were paid before issue of show cause notice - scope of section 73(3) - assessee is not liable to pay any penalty under such circumstances - Levy of penalty u/s 78 set aside.
Commercial coaching and training - parallel college - levy of service tax in respect of training and coaching provided by the appellants which form an essential part of a course or curriculum of a University, leading to issuance of certificate or diploma or degree to the students recognized by law is not justified.
Penalty u/s 78 - the provisions that shall apply are those existing at the time of commission of the offence. Therefore, there was no scope for the lower appellate authorities to reduce the penalty from the statutory stipulated penalty equal to amount of service tax short paid.
Denial of refund claim - unutilized cenvat credit - refund claim for a particular quarter need not be in respect of input services consumed in that quarter. The appellants had no domestic sales - refund allowed.
Denial of input tax credit - the security guard service and telephone connections services has been availed by their back up office where General Manager is also residing and the services availed for the security guards at residence of General Manager and back up office cannot be segregated - credit allowed.
C&FA Service or BAS - appellant's principle activity is not related to clearing & forwarding of goods, as it is clearly evident from the agreement that the appellant was appointed as Commission Agent for marketing and sale of goods.
The principles of fair adjudication required the adjudicating authority to provide the material sought to be relied upon by him to the assessee and to seek his comments on the same.
Highlights of Companies (Amendment) Act 2015
Requirement of minimum paid up share capital u/s 2(68) & u/s 2(71):
As per the amendment, now a private company or a public company can be incorporated without the statutory minimum limit of paid up share capital of 1 lac or 5 lac rupees.
Common seal made optional u/s 9, 12, 22, 46, 223.:
The requirement of common seal has been made optional and as a consequence, changes have been made in relation to authorisation for execution of documents.
Commencement of business:
Section 11 has been omitted from the provisions of the law and henceforth there is no further requirement of filing a declaration with the Registrar before the commencement of business.
Declaration of dividend u/s 123(1):
No company shall declare dividend unless carried over past losses and depreciation in previous year or years are set off against profit of the company for the current year.
• Companies can now take Deposits and Unsecured Loans from Relatives and members of such relatives.
Winding-up petition - unable to pay the dues - The Respondent has abused the judicial process in order to delay the discharge of an acknowledged debt for almost a quarter of a century, in which period it has continued in business.
Reserve Bank Of India:
RBI Relaxes Branch authorization policy to allow Banks to merge or close branch in URBAN areas, at their own discretion (Sec 23 of the Banking Regulation Act dated 6th August 2015)
The market has been waiting for the elusive rate cut to be announced by RBI. The governor is of the opinion that efficiency, lower inflation , growth and investment should proceed the rate cut.”…..Interest rate policies alone cannot establish healthy economic growth….”in the words of the RBI Governor.
The licenses to small banks, payment banks, white ATMs, increase in FDI in private banks to 100%,up from 74% is to bring in competition and more inclusive and efficient banking services.
The US Federal authority have also kept the markets guessing on the much awaited increase in federal interest rates.
With the RBI announcing a 50 bps cut in Repo rate, the way has been cleared for Banks to pass on theses cuts in interest rates to Borrowers
10 year Bond rates have fallen from 8.49 to 7.60 over a 12 month period, since September 2014
FD rates may come down to 7% to 7.25 % and the Finance Ministry may relook at the Interest rates on Small Saving Schemes, eg. NSC,MIS etc
RBI grants License to 10 Small Banks:
The RBI has shortlisted 10 micro lenders to set up small banks to advance loans primarily to the unbanked small industries and unorganized sector entities. Ticket sizes for 50% of advances would be less than 25 lacs and 75% of business should be generated from the priority sector, primarily agriculture.
• This can create over 100000 fresh jobs in the rural hinter land.
The Fair & Accurate Transactions Act, is a US federal law, aiming to identify assets of US citizens, held overseas
All Indian Banks have to search their data bases and have to disclose the names of such account holders, who are US citizens
License have also been given for payment banks, which can only receive deposits, offer remittance services but cannot give loans and balances held for each customer cannot exceed Rs.1.00 lac.
The Dept. of Posts may also apply for a Payment Banking license
VAT: (Value added tax)
FORM 16 online since 16th August 2015 for all businesses with turnover exceeding Rs 40 lacs.
• The Delhi Govt. has introduced a reward scheme for anyone informing the authorities about Traders not declaring transactions to the Department.
IMPORTANT CASE LAWS RELATING TO VAT & SALES TAX:
Fixation of higher rate of tax – Increase in turnover – Violation of Natural Justice – Department was duty bound to consider all documents, atleast documents called for from their side – That shows there was absence of application of judicious mind.
Re-opening of Assessment – Fixation of tax rate at 16% against 10% –Revenue was not justified in demanding tax at 16% by seeking to reopen concluded assessments by issuing clarification.
Rejection of refund claim – Filing of W form, manually – Circular cannot abridge or overrule provisions of Rule 11(2) of Tamil Nadu Value Added Tax Rules, 2007
Good & service tax (GST):
The Central Govt. is quietly moving ahead with the implementation of GST and the contract for development of the Software platform has been awarded to Infosys.
The Central Govt. is in discussions to bring in major reforms in the Labour Act specially related to the hiring of Contract labour.
The limit for hiring maybe restricted to 50% of the total labour force with a stipulation that they be paid at par with permanent workers and slowly be converted as permanent workers.
Employees’ provident fund organization (EPFO) :
EPFOs can now invest in stock markets, allowing a minimum of 5% and up to 15% of its funds in equity or equity related Schemes.
However during the current fiscal year only 5% of incremental deposit will be invested in equity.
• The EPFO manages a corpus of 8.5 lakh crore which are currently invested in fixed income securities and EPFO has decided to invest 5% of its incremental coups in equities and over a period will raise it to 15%.
The investment will be run by SBI Assets Management team and EPFO will invest in equity traded funds.
• EPFO to raise maximum insurance cover to Rs 5.5 lakh:
Retirement fund body EPFO is likely to increase the maximum amount assured under its Employees' Deposit Linked Insurance Scheme (EDLI) to Rs 5.5 lakh from the existing Rs 3.6 lakh.
• Timelines for settlement of PF, Pension and Insurance Claims have been revised from 30 days to 20 days.
• Edible oil imports will increase to US $ 14 billion as against 10$ billion in 2014-15. (oil seed production coming down due to a deficient monsoon).
• Gov. Hikes import duty on edible oil by 5%.
SERVICE TAX DEPOSITED BY 05.10.2015
TDS TO BE DEPOSITED BY 07.10.2015
PF TO BE DEPOSITED BY 15TH (IN CASH) & 20TH (THROUGH CHEQUE).
ESI TO BE DEPOSITED BY 21ST.
TAX AUDIT – 30.09.2015
TDS RETURN 2ND Qt-by 15.10.2015
SERVICE TAX 6 monthly return-by 25.10.2015
VAT 2ND Qt return to be filed – 25.10.2015.
India lost 55 lacs jobs during the last ten years, mostly from the self employed segment in agriculture, as farming due to successive droughts, low intensity of monsoon, failed irrigation system and unrealistic prices for farm produce drove this number out of employment
1. The unemployment challenge and the lure for Govt. jobs (due to pay increases expected in the 7th pay commission, the work culture and additional incomes because of plan greasing) saw 23 lakh applicants (with B.Tech, M.Sc, B.Com, PhD) apply for 368 posts of peons advertised by the UP Govt.
This is one of the reasons for Patels ( remember Hardik Patel), demanding reservations because employment opportunities are increasingly getting squeezed for the general and unreserved population.
• Foreign exchange reserves have crossed US $350 billion (adequate for 11 months of imports).
Power demand has crossed 1.50 lakh MW and there is a shortfall of 4500 MW, which increased the traded per unit rate to 3.6 $ from 2.74$.
• FCI is holding (as per books) 78 million tonnes of food grains, most of it poor quality, stored in the open under plastic sheets and rotting and losing a good percentage due to spoilage and mice.
• Internal debt in India constitutes 92.5% of Govt. public debt and marketable securities account for 84% of which 29% will mature for payment within the next 5 years.
A credit card would be marked “delinquent” if payment is not credited to the card holder’s account before the payment on the card falls due
India has more NGOs per person of population than policemen and less than 1% files their Income Tax Returns
India ranks a dismal 142nd rank out of 189 countries, in the “ease of doing business”
To aid financial inclusion and drive ATM penetration in the country the Reserve Bank of India has permitted the launch of White Labeled ATMs (WLAs) i.e private non-bank companies to set up, own and operate their own brand of ATMs in the country.
E-wallet is an online prepaid account where one can stock money, to be used when required. As it is a pre-loaded facility, consumers can buy a range of products from airline tickets to grocery without swiping a debit or credit card.
It can be created by all Bank internet banking customers and also no registration is required for the same.
Transport will see two major game changers with the commercial introduction of:
(1) Skytrans in the World
Gurgaon will also have its own Skytrans commuting system. Tel Aviv will shortly be starting the commercial runs.
This is a personal rapid transit system (cofounded by Indian engineer Ankur Bhartnagar).There will be a network of computer controlled levitating jet- like vehicles, which will transport passengers above surface traffic, alleviating issues like congestion and pollution
Intra city traffic is expected to be 120 kms per hour( Gurgaon to Delhi in 25 minutes) and inter city traffic will touch speeds of 240 kms per hour(Delhi to Chandigarh/ Jaipur in 1 hour)directly non stop on a personalized route
The costs will be one third the costs of setting up high speed railway lines
The effects on airline travel, property prices, efficiency, and fossil fuel savings are unimaginable.
It is a conceptual high speed transportation system, put forward by entrepreneur Elon Musk(Electric cars and Space X)incorporating reduce pressure tubes in which pressurized capsules travel on an air cushion ,driven by linear induction motors and air compressors.
Speeds of 600 to 760 miles per hour are envisaged and a 350 mile route would have an expected journey time of 35 minutes
The system would save energy, be immune to weather, could carry commercial freight, would not witness crashes, have low power requirements and could store power for 24 hours
The cost of setting up these systems per kilometer will be one third of the traditional highways and rail networks and one tenth the cost of setting up airlines
(2) Robotics and A.I.(artificial intelligence)
• 30% of all production in China is being carried out by industrial robots.
• In journalism, 25% of News is being composed/reported by Software. This is expected to go upto 70%.
• Trading in most of the Banks and Brokerages is based on “algorithms” which permit trading and response in nano seconds
• Accounting software are doing away with need for data entry and filing of returns and with the development of connected commerce, the transaction will complete the basic accounting in the Books of all the related parties.
• In BPOs, voice outsourcing has been replaced by self learning software.
• Three D and Four D printing technology and new polymers are changing the way future production will take place. There may no longer be the need for large production facilities, a large labour force would not be required and the entire present conceptions of manufacturing would be drastically changed.
• The PACL Group has been fined Rs 7,000 crore by SEBI and has been asked to refund Rs 49,000 crore to its 58.50 Million Depositors ( this figure could be higher).
• SEBI could close the case after 17 years of probe.
• Bigger than SAHARA, PACL operated (is still collecting investments)a land investment scheme, which qualified as a collective investment scheme , without any proper authorizations
THE CONTENTS OF THE NEWSLETTER ARE COMPILATIONS OF NEWS AND OPINIONS AS EXPRESSED IN VARIOUS JOURNALS, NEWSPAPERS AND ARTICLES AND THE ACCURACY OF THE CONTENT ARE NOT THE RESPONSIBILITY OF THIS DOCUMENT.
16 October, 2015