covers august 2013 - pvt · bizsol update august - 2013 ... when vodafone did its deal with hutch...
TRANSCRIPT
• ISSUE - XII • VOLUME - VIII • AUGUST - 2013
August - 2013
1
Bizsol UPDATE August - 2013
Telengana has happened. Barring unforeseen
contingencies a new State in the map of the Indian
Union is all set to make its appearance. So be it. The
moot point here is that there must be better ways to
give birth to a state for sure. Demand for a new state
had been simmering for a while and all the
stakeholders in the game had been developing their
own agenda for a while. The ruling party at the Centre
is now going ahead for the formation of a new state
anticipating political gain. In a functional democracy
there may be nothing wrong in bringing politics to any
decision affecting the society; but to make it a hostage
to pure politics takes away the much needed
credibility of any government while making such
important decisions with far reaching consequences.
The calculation of the Congress party is that it will be
able to gain seats in Telengana and also manage to
wedge a division in the ranks of parties like the YSR
Congress with this decision. If it had done nothing
about Telengana the whole of Andhra would have
been lost. Something is better than nothing. So far
the Congress had been dithering on this issue not
knowing what to do. Statements from the present gaff-
prone Home Minister also did not help matters. End
of the day one felt that the entire issue could have
been dealt with better. However, what is remarkable
is the naiveté being exhibited by the local population
in Andhra. The students in the Telengana region feel
that they will get more job opportunities in their 'own'
state as most of the people from the coastal and
Rayalaseema areas would go away from places like
Hyderabad. The people of these regions feel that they
will have to leave the present capital and go back to
their 'left-over' state. The protagonists of Telengana
and those opposing it are doing nothing to expose
the hollowness of such arguments made to justify any
particular point of view. Yet another issue is about
the way we look at the very clamour for creation of
new states. Any demand for a new state irrespective
FROM THE DESK OF THE CHAIRMAN
of whether it is justified or not is always treated as an
act of sedition. Consequently it is projected as
something akin to treason whereas history and our
experience show that smaller states have provided
better governance across the nation. Demands for
creation of more states like Vidarbha are on the way.
The government of the day would be better advised
to treat the plethora of demands for newer states with
a lot more objectivity unlike in the past.
When the Nobel laureate and eminent economist
Amartya Sen and an equally illustrious economist
Jagdish Bhagwati who for reasons unknown has not
yet laid his hands on a Nobel medallion, spar on
economic issues, it is time to sit up and take notice.
In our democracy where a presidential form of contest
does not take place as in the US people are
interpreting the war of words between these two
economists as some kind of shadow boxing done for
Narendra Modi and Rahul Gandhi. If you look at the
reputations of the latter two it may be possible that it
is a proxy war between the two. But looking at the
credentials of the economists they will never be pawns
in any game of politics for any party of person. In fact
that is not the important issue here. The issue is that
they are discussing something which the candidates
themselves ought to be articulating; but are not. In a
way both Modi and Rahul stand for different economic
models. Modi actually wants the animal spirit of the
entrepreneurs to be unleashed and the prosperity
which it will bring to the table to be shared
subsequently whereas Rahul with a carefully and
assiduously developed personality is more concerned
with the state's responsibility of equitable distribution
of wealth before anything else. In India we have
success stories to recount about both the models. If
Gujarat stands for creation of wealth before
distribution, Kerala is a classic example of the
successive governments putting emphasis on
distribution taking precedence over creation. Come
2
Bizsol UPDATE August - 2013
to think of it both the models are faulty if taken to
extremes. Compromises are called for. For the middle
class and the intellectual elite in the country, however,
this clash between the two economists on basic
premises is bound to throw up the alternatives for
people to choose from. Irrespective of whether Modi
or Rahul gets to rule the country this debate between
the two economists may go down as one of the
positive byproducts of the upcoming elections.
The elected representatives in India are a privileged
lot by any standard. I am not talking about the
pecuniary benefits they enjoy. I am not even talking
about the opportunity they have to loot the country's
treasury (which they liberally do). Beyond these
material benefits here comes another bounty for them.
Recently the Supreme Court decreed that those who
are under investigation for any criminal offence are
not eligible to contest elections. When the whole
country cheered, the political class went into a huddle.
As we go to press we learn that the all parties
unanimously have agreed to question the wisdom of
the Supreme Court either through an appeal or
through a statutory amendment - all in the name of
the supremacy of the Parliament! Sometimes you
wonder who is in tune with the sentiments of the
population - the judiciary or the politician? The
government with the support of all the politicians is all
set to move the necessary changes to the Right to
Information Act to prevent the public from prying into
their affairs. End of the day with all these measures
an average politician is effectively outside the purview
of the Right to Information Act and the Indian Penal
Code for all practical purposes!
It was just the other day that a young woman from
the state of Kerala topped the all India examinations
for the coveted Indian Administrative Service. The
irony was not lost on anyone when another young
woman from the state of Uttar Pradesh was
suspended for doing her duty as an IAS officer. One
would think twice before opting for a career as a
bureaucrat. Qualifying oneself in this tough
examination may be less difficult than holding to one's
job. Such is the sorry state of affairs. The Indian
bureaucracy has brought it upon itself. Today a career
bureaucrat ingratiates himself before his political
masters. Going by the number of bureaucrats figuring
in the recent scams the message is loud and clear.
When the system does not give you justice and does
not also allow you to stand up to the political class the
temptation is too high to resist - if you cannot question
them; join them. In this light perhaps the Indian
constitutional system is flawed. As long the politicians
hold the power to reward and punish the bureaucrat
the latter has no option but to tow the line drawn by
the former. To some extent this issue has been
addressed by the collegium system followed for
appointment of judges of higher courts in India. As
things stand, however, today even this system is all
set to get a makeover with the political parties being
given a big say in the appointment of judges. It is sad
that instead of moving towards a more transparent
system of appointments we are opting for an opaque
one with the politicians calling shots all the way.
There is never a dull moment in Indian cricket. If there
is no excitement on the field while playing the game,
the administrators make sure that the public attention
is redirected to the BCCI itself. It is time the Board of
Control for Cricket in India is rechristened as the
Board of Criminal Conspirators of India. Srinivasan,
the President-in-exile (what a funny designation) is
all set to make a comeback from his sabbatical with
the illegally appointed committee finding nothing wrong
with his brother-in-law betting and fixing matches. The
Bombay High Court, however, thinks the committee
itself is illegally constituted. BCCI blinked once before
which allowed Srinivasan to become its President
despite a conflict of interest situation vis-a-vis his IPL
connection. If it blinks again, which is likely, he will
brazenly preside over the functioning of this rich and
influential body again. It is not just cricket that will stand
to lose. The society in which we live loses. It will only
strengthen the view that value systems have no value
in India. All the talk of corporate governance, political
morality and bureaucratic honesty all sound so hollow.
After Vodafone now it is the turn of Holcim, the global
cement giant. Looking back, when Vodafone did its
deal with Hutch it was touted as a brilliant exercise at
tax planning. However, the partying did last only till
the taxman caught up with the company. As they say
the rest is history. The recent announcement by
Holcim to merge Ambuja Cements with itself and ACC
presents a picture perfect deal which will allow the
global giant to have the cake and eat it too. The way
it is structured, albeit legally, would entail no liability
3
Bizsol UPDATE August - 2013
on account of capital gains to the group and also
facilitate the company to help itself to the large amount
of cash available in the Balance Sheet of Ambuja. Do
you notice the shadow of the taxman around the
corner? Better watch out.
It is not surprising that Shobha De got herself
embroiled in a controversy by hinting at a demand
for a separate state of Mumbai. When you are busy
giving opinions 24/7 some slip ups could occur some
times and some politically incorrect statements get
made. Her comments came out at a time when all
the parties in Maharashtra were on edge watching
out for the fallout of Telengana on Vidarbha.
Predictably all of them pounced on her even before
understanding what exactly she said and meant. Any
other time her tweet would have gone unnoticed. But
then, for a celebrity there is nothing called bad
publicity.
When this issue of Update reaches you we will be in
the midst of a celebration. Yes. You read it right. We
are celebrating on the occasion of achieving another
milestone. Before you label us as a conceited lot, let
me clarify. Bizsol in Nasik is moving into its own
premises. It is perhaps natural that we become a bit
nostalgic and sentimental on this occasion when we
look back at our journey over the last sixteen odd
years. We have indeed travelled some distance. We
are proud to say this and are more proud when our
clients vouch for it. We may be pardoned for blowing
our trumpet for a change. We do not do it often. The
new edifice which will house our Nasik operations is
the symbol of our efforts and achievement. At the
same time the new swanky Bizsol House also
represents the love, affection and confidence that we
have earned from our clients, associates and
employees past and present. When we celebrate this
milestone we take this opportunity to thank every one
of you who has been part of this journey with us. We
do hope that we will continue to receive the same
kind of patronage as in the past. On behalf of the
Board, the Management and all employees of our
organisation I take this opportunity to invite you to be
with us when we celebrate. You will find our formal
invitation along with this issue of Update. We will be
honoured and privileged if you are with us on this all
important day in our life.
Thank you.
Venkat R. Venkitachalam
4
Bizsol UPDATE August - 2013
CUSTOMS
NOTIFICATIONS
Anti Dumping
• Anti-dumping duty on 'rubber chemical, namely,
PX-13 (6PPD)', falling within Chapter 29 or 38
originating in, or exported from, Korea RP has
been extended for one more year i. e. up to 4th
day of May, 2014. [Notification No. 17/2013-
CUS (ADD) Dated 05/07/2013]
• Anti-dumping duty on 'rubber chemicals, namely,
MBT, CBS, TDQ, PVI, TMT and PX-13(6PPD),
falling within Chapter 29 or 38 originating in, or
exported from, People's Republic of China has
been extended for one more year i. e. up to 4th
day of May, 2014, [Notification No. 16/2013-
CUS (ADD) Dated 05/07/2013]
• Imposition of definitive anti-dumping duty on all
imports of 'Poly Vinyl Chloride Paste Resin also
called as PVC Emulsion Resin' falling under sub-
heading 3904 22 10 originating in, or exported
from European Union has continued in following
manner up to 24th June 2015:
falling under tariff item 2914 11 00 originating in,
or exported from, the Chinese Taipei up to the
final assessment. [Notification No. 14/2013-
CUS (ADD) Dated 03/07/2013]
Safeguard Duty
• No New Notifications.
Tariff
• Export under exports promotion schemes are
allowed to be exported from Foreign Post Office
situated at New Delhi, accordingly Notification
Nos. 92 to 95/2009-cus has been amended.
[Notification No. 38/2013-CUS Dated 26/07/
2013]
• Frozen Hilsa Fish will attract concessional 5%
Customs Duty if imported from Myanmar.
[Notification No. 37/2013-CUS Dated 22/07/
2013]
• Import of Liquefied natural gas (LNG) and natural
gas (NG) for supply to a generating company
for generation of electrical energy at Nil rate of
Customs duty allowed to all importers
[Notification No. 36/2013-CUS Dated
22/07/2013]
• All goods falling under chapter heading
480890,480920 & 480990 i.e. Paper & Paper
board, corrugated, creped embossed, Carbon
paper & other copying or transfer papers are
allowed at concessional rate of 2.5% customs
duty if imported from ASEAN countries and 6% if
imported from Philippines. [Notification No.
35/2013-CUS Dated 18/07/2013]
• Customs duty rate has been enhanced by 15%
from 0% for Raw Sugar, Refined or white sugar
and Raw sugar if imported by a bulk
consumeaccordingly Notification No. 12/2012
Cus. Dated 17.03.2012 has been amended.
[Notification No. 34/2013-CUS Dated
08/07/2013]
Heading Description of Country Country Duty Unit
Goods of of Amt ($)
Origin Exports
3904 Poly Vinyl Chloride European Any 265.19 Per MT
Paste Resin Union
3904 Poly Vinyl Chloride Any European 265.19 Per MT
Paste Resin Union
[Notification No. 15/2013-CUS (ADD) Dated
03/07/2013]
• Provisional anti-dumping duty of USD 201.27 per
MT has been imposed on imports of 'Acetone'
5
Bizsol UPDATE August - 2013
Non-Tariff
• Tariff value (US $ per Metric Tonne) of the goods
RBD Palmolein, Brass Scrap (all grades), Poppy
Seeds and 'Areca Nuts' as well as Tariff value
(US $ per 10 grams) for Gold and Silver has been
revised. [Notification No. 80/2013-Cus (NT)
Dated 31/07/2013]. [Notification No. 75/2013-
Cus (NT) Dated 15/07/2013].
• Mahagaon, (Thane) Port in State of Maharashtra
has been declared for 'Unloading of imported
goods and loading of export goods.
[Notification No. 79/2013-Cus (NT) dated 24/
07/2013].
• Trichirappalli Airport has been notified for courier
import and export operations. [Notification No.
74/2013-Cus (NT) Dated 12/07/2013].
• Drawback value cap per gram for 'Articles of
jewellery and parts thereof, made of silver' falling
under Chapter Heading 711302 has been
prescribed and in Chapter 71 relating to "Articles
of jewellery and parts thereof, made of silver' for
tariff items 711302 has been enhanced from
173.70 to 179.5. [Notification No. 71/2013-Cus
(NT) Dated 10/07/2013]
CIRCULARS• Import / Export documentation should indicate
the quantity in all documents only in accordance
with single Unit Quantity Code (UQC) against
each Tariff Item and the same should be reflected
in Bill of Entry / Shipping bills / Bill of export by
importers/exporters/Customs Brokers, otherwise
it will be treated as mis-declaration / wrong
declaration. [Circular No.26/2013 dated 19/07/
2013]
• Re-import of pets as baggage is allowed subject
to establishment of identity of pets by Customs
authorities, production of the required health
certificate from the country of export and
examination of said pets by the concerned
Quarantine Officer at this end. [Circular No.25/
2013 dated 01/07/2013]
INSTRUCTIONS• On receipt of Audit Report 14/2011-12, following
directions for Drawback Scheme has been
issued.
i. to ensure due diligence is exercised in
processing of time barred drawback claims
under Section 74 of the Customs Act, 1962.
ii. full and comprehensive details of the
exported goods should be indicated clearly
in the brand rate letters.
[Instruction No.7 F. No. 603/01/2011-DBK
dated 31.07.2013]
• All CCSP/Custodians shall provide separate and
dedicated storage space meant for fumigation
and storage of post fumigated sites to enable
Plant Quarantine Authorities to carryout
necessary checks for both imported and export
consignments. [Instruction No. 6, F. No. 450/
19/2005- Cus IV dated 23/07/2013]
• Imports of retreaded or used tyres are allowed
subject to compliance of the provisions of the
Foreign Trade Policy, and the requirement of
consent / permission from the Ministry of
Environment and Forest as stipulated in the
Hazardous Wastes (Management, Handling and
Transboundary Movement) Rules 2008.
[Instruction No. 5, F. No. 528/109/2011-STO
(TU) dated 12/07/2013]
CENTRAL EXCISE
NOTIFICATIONS
Tariff
• Ceramic Bricks, Building Bricks falling under
chapter heading 6901 00 10 & 6904 10 00 are
exempted from payment of Central Excise Duty.
[Notification No. 23/2013.CX dated 31/07/
2013]
• Drugs Price Control by their order (DPCO) 2013
dated 15th May, 2013, lowered the MRP and the
formulations which are produced or available in
market before the date of Notification of ceiling
price are required to be altered by re-printing,
re-labeling, re-packing or stickering. This process
amounts to manufacture. Therefore exemption
has been granted from central excise duty on
account of on said activity subject to following
condition & procedure:
6
Bizsol UPDATE August - 2013
i. The said formulations to be cleared with
appropriate duty within 45 days from the
date of notification of the ceiling price by
National Pharmaceuticals Pricing Authority
(NPPA).
ii. The re-printing, re-labeling, re-packing or
stickering, of the scheduled formulations
results in downward revision of the MRP.
iii. Exemption is available for 45 days from the
date of publication of the notification of the
ceiling price or such extended period not
exceeding 30 days as may be permitted by
the Department of Pharmaceuticals
iv. The manufacturer shall submit a prior
intimation to the jurisdictional Assistant /
Deputy Commissioner of Central Excise,
containing a
a) list of scheduled formulations requiring
re-printing, re-labeling, re-packing or
stickering alongwith the notification
vide which these have been notified by
NPPA.
b) various locations and addresses
thereof where the scheduled
formulations are proposed to be re-
printed, re-labelled, re-packed or
stickered.
c) the details such as description of the
scheduled formulation, present MRP,
proposed MRP, batch no., quantity and
date of manufacture in respect of each
such location.
d) In the case of importer and marketer,
they shall submit the intimation to the
Assistant/Deputy Commissioner of
Central Excise having jurisdiction over
their registered office;
v. Subsequent to the aforesaid operations
being carried out, the manufacturer shall
submit the details in respect of the said
scheduled formulations within a period of
one month of such re-printing, re-labeling,
re-packing or stickering. [Notification No.
22/2013.CX dated 29/07/2013]
Non-Tariff
• No new Notifications.
CIRCULARS• Maruti SX4, Honda Civic and Toyota Corolla Altis
are popularly known as sedans cars and not as
Sports Utility Vehicles (SUVs) and therefore
applicable excise duty on such card will be only
27 % and not 30%.[Circular No. 972/06/2013.CX
dated 24/07/2013]
INSTRUCTIONS• No new Notifications.
SERVICE TAX• The new format of service tax return applicable
for the period October 2012 to March 2013 has
been uploaded on 31.07.2013 on ACES. The due
date of the filing of the service tax return is 31st
Aug 2013
NOTIFICATIONS• No new notification
CIRCULARS• No new circular
FOREIGN TRADE POLICY
NOTIFICATIONS• New Para has been added in the Advance
Authorization scheme. Inputs actually used in
manufacture of the export product should only
be imported under the Authorisation Scheme.
Similarly inputs actually imported must be used
in the export product. The nexus of inputs used
in export products has to be established in
respect of every Advance Authorisation / DFIA.
[Notification No. 31/2013-(RE - 2013)/2009-
2014 dated 01/08/2013]
• Amendment has been Serve From India Scheme
(para 2.1 of the Foreign Trade Policy, 2009-
2014); thereby goods imported / procured
against SFIS scrips can be alienated on
completion of 3 years from the date of import /
procurement. [Notification No. 30/2013-(RE -
2013) / 2009-2014 dated 01/08/2013]
7
Bizsol UPDATE August - 2013
• Requirement of obtaining Sanitary Import Permit
will not be applicable to Human hair under ITC
(HS) Code 0501. However items of animal origin
or the products intended for animal feeding
containing animal origin materials under ITC (HS)
Code 2309 will continue to require Sanitary Import
Permit. [Notification No. 29/2013-(RE - 2013)/
2009-2014 dated 24/07/2013]
• Sale of waste or scrap from SEZ to DTA is
permitted without an authorization in line with
Para 2.17A of FTP and Section 47 of SEZ Rules,
2006. [Notification No. 28/2013-(RE - 2013)/
2009-2014 dated 24/07/2013]
• The import of electrical energy will not require
authorization falling under Exim Code 2716 00
00 and therefore Electrical Energy to be supplied
from SEZ in processing zone will now not require
any authorization. [Notification No. 27/2013-(RE
- 2013)/2009-2014 dated 05/07/2013]
• Amendment has been made in SCOMET
Category 3D001. [Notification No. 26/2013-(RE
- 2013)/2009-2014 dated 03/07/2013]
• Now cut & polished diamonds of 0.10 carat or
above can be exported to specified agencies/
laboratories and thereafter re-imported duty free
after certification by authorised laboratories. The
earlier limit of diamonds of size 0.25 carat has
been reduced to diamonds size of 0.10 carat.
[Notification No. 25/2013-(RE - 2013)/2009-
2014 dated 03/07/2013]
POLICY CIRCULARS
• It has been decided that an IEC will remain validirrespective of a firm's status as a DTA unit or anEOU or a SEZ/ EHTP/STP/BTP unit and theprocedure to be followed in case a firm/unit isde-bonded and converted to DTA is as under:
a. A unit, which is in EOU or in SEZ/EHTP/STP/BTP after de-bonding will not surrender theIEC obtained from its jurisdictional DC, SEZ.
b. The jurisdictional DC, SEZ will send theoriginal IEC file to concerned RA of DGFTafter de-boding.
c. RA becomes the custodian of such file andwill allow de-bonded unit to make necessarymodification in IEC.
d. The de-bonded unit to be eligible for benefitsfrom the RA as per FTP.
Further when a DTA unit converts itself into anEOU or a unit in SEZ/EHTP/STP/BTP, the IECissued by the RA would continue to be valid evenafter such conversion. [Policy Circular No.2
(RE-2013)/2009-2014 dated 26/07/2013]
PUBLIC NOTICES
• All types of export consignments under anyscheme can be exported through Kattupalli SeaPort, Tamil Nadu. [Public Notice No.20/2013-
(RE - 2013)/2009-2014 dated -29/07/2013]
• Following export products will be eligible for DutyFree Credit Scrip under Focus Product Scheme,however, now export of Copper Sulphate will notbe entitled for Duty Free Credit Scrip underFocus Product Scheme(THUTIA). The additionallist of products eligible for Focus Product Schemeis as follows.
S.No FPS HS Description Rate
Sl.No. Code percentage
889 889 84111100 TURBO JETS OF A THRUST <=25 KN 2%
890 890 84112100 TURBO-PRPLRS OF A POWER<=1100 KW 2%
891 891 84112200 TURBO-PRPLRS OF A POWER>1100 KW 2%
892 892 84118100 OTHR GAS TURBINES OF POWER <=5000 KW 2%
893 893 841182 OTHR GAS TURBINES OF POWER>5000 KW 2%
894 894 84119100 PARTS OF TURBO-JETS/TURBO PROPELLERS 2%
895 895 84111200 TURBO JETS OF A THRUST EXCEEDING 25 KN 2%
896 896 88021100 HELICOPTERS OF AN UNLADEN WT<=2000 KG 2%
8
Bizsol UPDATE August - 2013
S.No FPS HS Description Rate
Sl.No. Code percentage
897 897 88022000 AEROPLANES AND OTHER AIRCRAFT, OF AN UNLADEN WEIGHT
NOT EXCEEDING 2,000 KG 2%
898 898 88031000 PROPELLERS AND ROTORS AND PARTS THEREOF 2%
899 899 88032000 UNDER-CARRIAGES AND PARTS THEREOF 2%
900 900 90141000 DIRECTION FINDING COMPASSES 2%
901 901 90142000 INSTRUMENTS AND APPLIANCES FOR AERONAUTICAL OR
SPACE NAVIGATION (OTHER THAN COMPASSES) 2%
902 902 901480 OTHER INSTRUMENTS AND APPLIANCES 2%
903 903 90012000 SHEETS & PLATES OF POLARISING MATERIAL 2%
904 904 90013000 CONTACT LENSES 2%
905 905 900190 OTHER: PRISMS,MIRRORS & OTHR OPTCL ELMNTS,UNMNTD 2%
906 906 90051000 BINOCULARS 2%
907 907 900580 OTHER INSTRUMENTS : 2%
908 908 900590 PARTS & ACCESSORIES(INCL MOUNTINGS) OF BNCLRS,
MNCLRS & OTHR OPTICAL TELESCOPES 2%
909 909 90061000 CAMERAL OF A KIND USED FOR PREPARING PRINTING PLATES
OR CYLINDERS 2%
910 910 90063000 CMERAS SPCLY DSIGND FR UNDRWATR USE,AERL SRVEY/
MEDCL/SRGCL EXMNTN OF INTRNL ORGNS; CMPARSN CMERAS
FR FORNSIC/CRIMINOLGCL PRPS 2%
911 911 90064000 INSTANT PRINT CAMERAS 2%
912 912 90065100 CAMERA WTH A THROUGH-THE-LENS VIEWFINDER (S.L.R.),
FOR ROLL FILM OF A WDTH<=35 MM 2%
913 913 90065200 OTHER, FOR ROLL FILM OF A WIDTH LESS THAN 35 MM 2%
914 914 900653 OTHER, FOR ROLL FILM OF A WIDTH OF 35 MM: 2%
915 915 900659 OTHER CAMERAS 2%
916 916 90069900 OTHER -PARTS AND ACCESSORIES OF HEADING 9006:
EXCEPT CAMERAS 2%
917 917 90071090 OTHER CINEMATOGRAPHIC CAMERAS 2%
918 918 901210 MICROSCOPES OTHER THAN OPTICAL MICROSCOPESAND
DIFFRACTION APPARATUS 2%
919 919 90129000 PARTS AND ACCESSORIES 2%
920 920 90111000 STEREOSCOPIC MICROSCOPES 2%
921 921 90112000 OTHER MICROSCOPES, FOR PHOTOMICROGRAPHY,
CINEPHOTOMICROGRAPHY OR MICROPROJECTION 2%
922 922 90118000 OTHER MICROSCOPES 2%
9
Bizsol UPDATE August - 2013
923 923 90119000 PARTS & ACCESSORIES 2%
924 924 901310 TELSCOPC SIGHTS FR FITNG TO ARMS;PERISCPS;TLSCPS
DSGND TO FORM PRTS OF MCHNS,APLNCS,INSTRMNTS/
APPRTS OF THIS CHPTR OR SECTION XVI 2%
925 925 90132000 LASERS,OTHER THAN LASER DIODES 2%
926 926 901380 OTHER DEVICES, APPLIANCES AND INSTRUMENTS : 2%
927 927 901390 PARTS AND ACCESSORIES 2%
928 928 90149000 PARTS AND ACCESSORIES OF COMPASSES;
OTHER NAVIGATIONAL INSTRUMENTS & APPLIANCES 2%
929 929 90151000 RANGEFINDERS 2%
930 930 90152000 THEODOLITES AND TACHEOMETERS 2%
931 931 901530 SURVEYING LEVELS 2%
932 932 90154000 PHOTOGRMTRCL SURVYING INSTRMNTS & APPLNCS 2%
933 933 901580 OTHER INSTRUMENTS AND APPLIANCES 2%
934 934 901590 PARTS & ACCESSORES OF SURVEYING,PHTOGRMCL,
HYDROGRPHIC INSTRUMNTS ETC EXCL CMPASSES 2%
935 935 901600 BLNCS OF A SNSTIVTY OF 5 CG/BTR, WITH OR WITHOUT WEIGHT 2%
936 936 902140 HEARING AIDS,EXCL PARTS AND ACCESSORIES 2%
937 937 90215000 PACEMAKERS FOR STIMULATING HEART MUSCLES EXCL
PARTS AND ACCESSORIES 2%
938 938 90221200 COMPUTED TOMOGRAPHY APPARATUS 2%
939 939 90221300 OTHER, FOR DENTAL USES 2%
940 940 90221900 APRTAS BSD ON USE OF X-RAYS,FOR OTHR USE INCL
RADIOGRAPHY/RADIOTHERAPY APPARATUS 2%
941 941 902221 APPRTS BSD ON USE OF ALPHA,BTA/GMA RADTNS FOR
MEDICAL,SURGICAL,DENTAL/VETERINARY USEINCL
RADIOGRAPHY/RADIOTHERAPY APPRATUS 2%
942 942 902229 APPRTS BSD ON USE OF ALPHA,BTA/GMA RADTNS FR
OTHR USESINCL RDOGRPHY& RDOTHRPY APPRTS 2%
943 943 902290 OTHER, INCLUDING PARTS AND ACCESSORIES 2%
944 944 902300 INSTRMNTS,APRTS & MODLS DSIGND FOR DEMONSTRATIONAL
PRPS,UNSUTBL FR OTHR USES 2%
945 945 90241000 MACHINES & APPLIANCES FOR TESTING METALS 2%
946 946 902480 OTHER MACHINES AND APPLIANCES : 2%
947 947 90249000 PARTS & ACCESSORIES 2%
948 948 902580 OTHER INSTRUMENTS 2%
949 949 90259000 PARTS & ACCSSRS OF INSTRUMENTS 2%
S.No FPS HS Description Rate
Sl.No. Code percentage
1 0
Bizsol UPDATE August - 2013
950 950 902610 INSTRUMENTS & APPARATUS FOR MEASURING OR CHECKING
THE FLOW OR LEVEL OF LIQUIDS 2%
951 951 902680 OTHER INSTRUMENTS OR APPARATUS : 2%
952 952 9026900 0 PRTS & ACCESSORIES 2%
953 953 90272000 CHROMATOGRAPHS & ELECTROPHORESIS INSTRMNT 2%
954 954 902730 SPECTROMETERS,SPECTROPHOTOMETERS & SPECTOGRAPHS
USING OPTICAL RADIATION (UV, VISIBLE, IR) 2%
955 955 902750 OTHER INSTRUMENTS AND APPARATUS USING OPTICAL
RADIATIONS (UV, VISIBLE, IR) : 2%
956 956 90278040 NUCLEAR MAGNETIC RESONANCE INSTRUMENTS 2%
957 957 902790 MICROTOMES;PARTS & ACCESSORIES 2%
958 958 90301000 INSTRUMENT AND APPARATUS FOR MEASURING OR
DETECTING IONISING RADIATION 2%
959 959 90302000 OSCILLOSCOPES AND OSCILLOGRAPHS 2%
960 960 90303100 MULTIMETERS WITHOUT A RECORDING DEVICE 2%
961 961 90303340 FREQUENCY MEASURING APPARATUS 2%
962 962 90303900 OTHER, WITH A RECORDING DEVICE 2%
963 963 90304000 OTHER INSTRUMENTS AND APPARATUS, SPECIALLY
DESIGNED FOR TELECOMMUNICATIONS (FOR EXAMPLE,
CROSS-TALK METERS, GAIN MEASURING , DISTORTION
FACTOR METER, PSOPHOMETERS) 2%
964 964 90308200 OTHER: INSTRUMENT & APPARATUS FOR MEASRING OR
CHECKING SEMI-CNDUCTOR WAFERS OR DEVICES 2%
965 965 903089 OTHER:OTHER INSTRUMENTS AND APPARATUS 2%
966 966 903090 PARTS AND ACCESSORIES 2%
967 967 90303330 CAPACITANCE METER 2%
968 968 90303390 OTHER: INSTRUMENTS FOR ELECTRICAL QUANTITIES 2%
969 969 903210 THERMOSTATS 2%
970 970 903220 MANOSTATS 2%
971 971 90328100 HYDRAULIC/PNEUMATIC INSTRUMENTS & APPARATUS 2%
972 972 903289 OTHER ATOMATIC REGULATING/CONTROLLING INSTRUMNTS &
APPARATUS 2%
973 973 93032000 OTHER SPORTING, HUNTING OR TARGET SHOOTING
SHOTGUNS, INCLUDING COMBINATION SHOTGUN RIFLES 2%
974 974 93033000 OTHER SPORTING, HUNTING /TARGET-SHOOTING RIFLES 2%
975 975 93039000 OTHER FIREARMS & SIMILAR DEVICES 2%
976 976 93059100 OF MILITARY WEAPONS OF HEADING 9301 2%
S.No FPS HS Description Rate
Sl.No. Code percentage
1 1
Bizsol UPDATE August - 2013
977 977 93059900 OTHER-PART AND ACCESSORIES 2%
978 978 93063000 OTHER CARTRIDGES AND PARTS THEREOF 2%
979 979 93069000 OTHER (BOMBS, GREENADES ETC.) AMMUNITIONS OF WAR,
AND PARTS 2%
980 980 852110 MGNTC TAPE-TYPE VIDEO RECORDING &
REPRUDUCING APPARATUS 2%
981 981 852190 OTHR VIDEO RECORDING/REPRODUCING APPARATUS 2%
982 982 85261000 RADAR APPARATUS 2%
983 983 852691 OTHR: RADIO NAVIGATIONAL AID APPARATUS 2%
984 984 85269200 RADIO REMOTE CONTROL APPARATUS 2%
985 985 85407100 MAGNETRONS 2%
986 986 85407900 OTHR MICROWAVE TUBES (E.G. KLYSTRONS TRVLLNG WAVE
TUBES CARCINOTRONS)EXCL GRID CNTRLLD TUBES 2%
987 987 85408100 RECEIVER/AMPLIFIER VALVES & TUBES 2%
988 988 85408900 OTHER:OTHER VALVES AND TUBES 2%
989 989 35079061 STREPTOKINASE 2%
990 990 30049044 PACLITAXEL AND DOCETAXEL 2%
991 991 30021091 OTHER BLOOD FRACTION; MODIFIED IMUNLOGICAL PRODUCTS
OF HUMAN ORIGIN 2%
992 992 30022011 FOR CHOLERA & TYPHOID 2%
993 993 30022012 FOR HEPATITIS 2%
994 994 30022013 FOR TETANUS 2%
995 995 30022014 FOR POLIO 2%
996 996 30022015 FOR TB 2%
997 997 30022016 ANTI RABIES VACCINE (FOR RABIES) 2%
998 998 30022017 VACCINE FOR JAPANESE ENCEPHALITIS (FOR JE) 2%
999 999 30022018 VACCINES FOR WHOOPING COUGH (PERTUSIS) 2%
1000 1000 30022019 OTHER 2%
1001 1001 30022021 FOR MIXED VACCINES FOR DPT-TRIPLE ANTI GEN
(DIPTHERIA, PERTUSIS AND TETANUS) 2%
1002 1002 30022022 FOR DIPTHERIA AND TETANUS 2%
1003 1003 30022023 FOR MEASLES, MUMPS AND RUBELLA 2%
1004 1004 30022024 FOR TYPHOID-PARATYPHOID OR TYPHOID-
PARATYPHOID-CHOLERA 2%
1005 1005 30023000 VACCINES FOR VETERINARY MEDICINE 2%
S.No FPS HS Description Rate
Sl.No. Code percentage
1 2
Bizsol UPDATE August - 2013
1006 1006 30021011 DIPTHERIA ANTISERA 2%
1007 1007 30021012 TETANUS ANTISERA 2%
1008 1008 30021013 RABIES ANTISERA 2%
1009 1009 30021014 SNAKE VENOM ANTISERA 2%
1010 1010 30021019 OTHER ANTISERA 2%
1011 1011 30021020 HEMOGLOBIN BLOOD GLOBULINS&SERUM GLOBULINS 2%
1012 1012 30045010 HEAMATINICS AND ERYTHROPOIETIN PREPARATIONS 2%
1013 1013 29371100 SOMATOTROPIN, ITS DRVTVS& STRCTL ANALOGUES 2%
1014 1014 30043911 PITUITARY HARMONES 2%
1015 1015 30043912 PREDNISOLONE 2%
1016 1016 30043913 DEXAMETHASONE 2%
1017 1017 30043914 DANAZOL 2%
1018 1018 30043921 GONADOTROPHINS 2%
1019 1019 29375000 PROSTAGLANDINS, THROMBOXANES & LEUKOTRIENES THEIR
DERIVATIVES & STRUCTURAL ANALOGUES 2%
1020 1020 30041010 PENICILLIN 2%
1021 1021 30041030 AMOXYCILLIN 2%
1022 1022 30041040 BECAMPICILLIN 2%
1023 1023 30041050 CLOXACILLIN 2%
1024 1024 30041070 STREPTOMYCIN 2%
1025 1025 30042011 CEPHAZOLIN 2%
1026 1026 30042013 CIPROFLOXACIN 2%
1027 1027 30042014 CEFOXITIN 2%
1028 1028 30042034 OFLOXACIN 2%
1029 1029 30042041 CHLORTETRACYCLINE 2%
1030 1030 30042042 OXYTETRACYCLINE 2%
1031 1031 30042095 CLINDAMYCIN 2%
1032 1032 30042096 VANCOMYCIN 2%
1033 1033 30042097 POLYMYXIN B AND COLISTIN 2%
1034 1034 30043110 INSULIN INJECTION 2%
1035 1035 30043200 CONTAINING CORTICOSTEROID HARMONES,
THEIR DERIVATIVES AND STRUCTURAL ANALOGUES 2%
1036 1036 30049036 CHENODIOL AND URSODIOL 2%
1037 1037 30044010 ATROPIN & ITS SALTS THEREOF 2%
1038 1038 30042061 ERYTHROMYCINE 2%
1039 1039 30045035 PREPARATION OF VITAMIN "C" 2%
S.No FPS HS Description Rate
Sl.No. Code percentage
1 3
Bizsol UPDATE August - 2013
1040 1040 30029030 CULTURES OF MICRO-ORGANISMS (EXCLUDING YEAST) 2%
1041 1041 84734090 OTHER PARTS AND ACCESSORIES OF THE MACHINES OF
HEADING 8472 OTHER THAN DUPLICATING, HECTOGRAPH OR
STENCIL MACHINES 2%
1042 1042 53071010 YARN OF JUTE, SINGLE 2%
1043 1043 53072000 MULTIPLE FOLDED OR CABLED YARN OF JUTE 2%
1044 1044 53101012 SACKING FABRICS CONTAINING 100% BY WEIGHT OF JUTE 2%
1045 1045 53101013 HESSIAN FABRICS CONTAINING 100% BY WEIGHT OF JUTE 2%
1046 1046 63051030 JUTE HESSIAN BAGS 2%
1047 1047 63051040 JUTE SACKING BAGS 2%
1048 1048 63051080 JUTE SOIL SAVERS 2%
S.No FPS HS Description Rate
Sl.No. Code percentage
[Public Notice No.19/2013-(RE-2013)/2009-2014
dated -10/07/2013]
• The description of export product under SION
A-3530 and A-3529 for "Activated Polydimethyl
Siloxane" and "Simethicone" has been redefined.
[Public Notice No.18/2013-(RE - 2013)/2009-
2014 dated -10/07/2013]
• A new SION A 3643 has been notified.
[Public Notice No.17/2013-(RE - 2013)/2009-
2014 dated -9/07/2013]
• SION A-1442 has been revised which is as
follows.
• The name of the export product has been
widened from "Ortho Tertiary Butyl Cyclohexyl
Acetate" to "Ortho Tertiary Butyl Cyclohexyl
Acetate and or Ortho Tertiary Butyl Cyclohexyl
Acetate Super". [Public Notice No.16/2013-(RE
- 2013)/2009-2014 dated -9/07/2013]
TRADE NOTICE• Suggestions are invited to prevent unintended
benefit under Incremental Export Incentivisation
Scheme from various stakeholders through e-
mail to [email protected] up to 18.00 hrs on
20.08.2013. [Trade No.6 (RE-2013)/2009-2014
dated 31/07/2013]
• Personal Hearing (PH) by the Director General
of Foreign Trade will be held at Udyog Bhawan,
New Dehli-11 onsecond Tuesday of every month
between 3:00PM to 4:00PM. In case, in any
month, 2nd Tuesday is not a working day then
such PH may be held on next Tuesday. [Trade
Notice No. 05/2013-(RE - 2013)/2009-2014
dated -19/07/2013]
• Registration Certificate is required for non-
basmati rice & wheat only when it is exported to
Bangladesh & Nepal through non-EDI Land
Custom Stations (LCS). Registration Certificates
is not required for export of non-basmati rice and
wheat except for export to Bangladesh & Nepal
through non-EDI Land Custom Stations (LCS)].
[Trade Notice No. 04/2013-(RE - 2013)/2009-
2014 dated-02/07/2013]
Export Exp. SI. Import Qty.
Product Qty. No. items allowed
(Kg.)
Fatty Alcohol 1 Kg. 1. Palm Fatty Acid
(Cetyl, Stearyl, Distillate (PFAD) 1.16 Kg
Ceto-Stearyl) 2. Copper Chromite 0.005 Kg
Catalyst
Export Product Exp. SI. Import items Qty.allowed
Qty. No. (Kg.)
Ortho TertiaryButyl CyclohexylAcetate and orOrtho TertiaryButyl CyclohexylAcetate Super
1 Kg. 1. Ortho Tertiary Butyl 0.80 kgPhenol
2. Acetic Anhydride 0.575 kg
3. 5% Ruthenium onCarbon Catalyst 0.000015 kg
4. Methanol 0.330 kg
1 4
Bizsol UPDATE August - 2013
INCOME TAX
NOTIFICATIONS• Department has notified the rate of interest in
respect of rupee denominated bond of an Indian
company, namely :
(i) in case of bonds issued before the 1st day
of July, 2010, the rate of interest shall not
exceed 500 basis points (bps) over the Base
Rate of State Bank of India as on the 1st
day of July, 2010.
(ii) in case of bonds issued on or after the 1st
day of July, 2010, the rate of interest shall
not exceed 500 basis points (bps) over the
Base Rate of State Bank of India applicable
on the date of issue of the said bonds.
[Notification 56/2013 dated 29/07/2013]
• Central government has notified Uttarakhand
State AIDS Control Society, a body constituted
by the Government of Uttarakhand for the
income arising to that society namely "amount
received in the form of grants-in-aid from the
Central Government" for claiming exemption u/
s 10(46) of Income Tax act, 1961. [Notification
55/2013 dated 29/07/2013]
• Section 35CCD for claiming a weighted
deduction of 150% of expenditure as enacted
from Finance Act 2012. Accordingly, Rule 6AAF,
6AAG, 6AAH has been inserted in Income tax
Rules specifying procedure & conditions for
approval of Skill Development Project.
[Notification No. 54/2013 dated 15/07/2013]
• Due date for filing the return of income which is
to be furnished by 31st July 2013 is extended to
31st Oct 2013 in respect of assesses residing or
assessed in the state of UTTARAKHAND.
[Notification No. 53/2013 dated 23/07/2013]
• Central government has notified Gujarat State
AIDS Control Society, a body constituted by the
Government of Gujarat for the income arising to
that society namely "amount received in the form
of grants-in-aid from the Central Government"
for claiming exemption u/s 10(46) of Income Tax
act, 1961. [Notification 52/2013 dated 05/07/
2013]
• Brief guidelines for weighted deduction @150%
of the expenditure incurred on skill development
under section 35CCD of the Income-tax Act,
1961 has been issued. [Press Release dated
18/07/2013]
• Due date of filing Return of Income has been
extended from 31st July 2013 to 5th August 2013.
[Order No. 119 dated 31/07/2013]
CIRCULARS
• No New Circulars
MVAT
• Compounding of the offences for non-filing of the
returns without prosecution procedure under
section 74 has given. Now the defaulter dealer
can opt for the compounding of the offences and
the compounding fees is mentioned below.
Sr. Category Compounding amount
No. for each offence (In Rs.)
1 Dealers liable to file Six-monthly Double the amount of tax or
returns & newly registered dealer Rs. 5,000/- whichever is lower.
2 Dealers liable to file quarterly Double the amount of tax or
return Rs. 15,000/- whichever is lower.
3 Dealers liable to file monthly Double the amount of tax or
return Rs. 25,000/- whichever is lower.
[Trade Circular No. 5 dated 24/07/2013]
COMPANY LAW
NOTIFICATION• No New Notifications
CIRCULAR• No New Circulars
FEMA/RBI
1 5
Bizsol UPDATE August - 2013
Circular NumberDate of
IssueDepartment Subject Meant for
RBI Circulars July - 2013
RBI/2013-2014/158DPSS.CO.CHD.No. /
209 / 04.07.05 / 2013-14
24.7.2013 Department ofPayment andSettlement
System
Migration of Post-datedcheques (PDC)/EquatedMonthly Instalment (EMI)Cheques to Electronic ClearingService (Debit)
The Chairman and Man-aging Director / ChiefExecutive Officer AllScheduled Comm-ercialBanks including RRBs /Urban Co-operativeBanks / State Co-opera-tive Banks /District Cen-tral Co-operative Banks/Local Area Banks
RBI/2013-2014/153FMD.MOAG. No. 83/
01.01.001/2013-14
23.7.2013 Financial MarketsDepartment
Liquidity Adjustment Facility All Standalone PrimaryDealers
RBI/2013-2014/152FMD.MOAG. No.82/01.01.001/2013-14
23.7.2013 Financial MarketsDepartment
Liquidity Adjustment Facility All Scheduled Comm-ercial Banks (excludingRRBs)
RBI/2013-2014/151A.P.(DIR Series)
Circular No.17
23.7.2013 Foreign ExchangeDepartment
Risk Management and Inter-Bank Dealings - Reporting ofUnhedged Foreign CurrencyExposures of Corporates
All Category - I Autho-rised Dealer Banks
RBI/2013-2014/149A.P. (DIR Series)
Circular No. 16
23.7.2013 Foreign ExchangeDepartment
Exim Bank's Line of Credit ofUSD 19 million to the Govern-ment of the Republic ofSenegal
All Category - I Autho-rised Dealer Banks
RBI/2013-2014/148A.P. (DIR Series)
Circular No.15
22.7.2013 Foreign ExchangeDepartment
Import of Gold by NominatedBanks /Agencies/Entities
All Scheduled Comm-ercial Banks which areAuthorised Dealers(ADs) in Foreign Ex-change/ All Agenciesnominated for import ofgold
RBI/2013-2014/147A.P. (DIR Series)
Circular No.14
22.7.2013 Foreign ExchangeDepartment
Export of Goods and Software- Realisation and Repatriationof export proceeds - Libera-lisation
All Category - IAuthorised DealerBanks
RBI/2013-2014/145A.P. (DIR Series)
Circular No.13
17.7.2013 Foreign ExchangeDepartment
Exim Bank's Line of Credit ofUSD 35 million to the Govern-ment of the Republic of Ghana
All Category - IAuthorised DealerBanks
RBI/2013-2014/144DBOD.No.Ret.BC. 33/
12.02.001/2013-14
17.7.2013 Department ofBanking
Operations andDevelopment
Section 24 of the BankingRegulation Act, 1949 - Main-tenance of Statutory LiquidityRatio (SLR) - Marginal Stand-ing Facility (MSF)
All Scheduled Comm-ercial Banks (ExcludingRegional Rural Banks)
RBI/2013-2014/141DPSS.CO.CHD.No./133
/ 04.07.05 / 2013-14
16.7.2013 Department ofPayment & Settle-ment System
Standardization and Enhance-ment of Security Features inCheque Forms/Migrating toCTS 2010 standards
The Chairman and Man-aging Director / ChiefExecutive Officer AllScheduled Commercial
1 6
Bizsol UPDATE August - 2013
Circular NumberDate of
IssueDepartment Subject Meant for
Banks including RRBs /Urban Co-operativeBanks / State Co-opera-tive Banks / DistrictCentral Co-operativeBanks/Local AreaBanks
RBI/2013-2014/140FMD.MOAG. No.79 /
01.01.001/2013-14
16.7.2013 Financial MarketsDepartment
Marginal Standing FacilityRates
All Scheduled Commer-cial Banks (excludingRRBs) and PrimaryDealers
RBI/2013-2014/137A.P. (DIR Series)
Circular No. 12
15.7.2013 Foreign ExchangeDepartment
External Commercial Borrow-ings (ECB) Policy Repaymentof Rupee loans and/or freshRupee capital expenditure -USD 10 billion Scheme
All Category - I Autho-rised Dealer Banks
RBI/2013-2014/134A.P.(DIR Series)Circular No. 11
11.7.2013 Foreign ExchangeDepartment
External Commercial Borrow-ings (ECB) Policy - Review ofall-in-cost ceiling
All Category - IAuthorised DealerBanks
RBI/2013-2014/133A.P. (DIR Series)
Circular No.10
11.7.2013 Foreign ExchangeDepartment
External Commercial Borrow-ings (ECB) Policy - Refinanc-ing / Rescheduling of ECB
All Category - IAuthorised DealerBanks
RBI/2013-2014/132A.P. (DIR Series)
Circular No.9
11.7.2013 Foreign ExchangeDepartment
Trade Credits for Imports intoIndia - Review of all-in-costceiling
All Category - IAuthorised DealerBanks
RBI/2013-2014/131A.P. (DIR Series)
Circular No.8
11.7.2013 Foreign ExchangeDepartment
Overseas Investments -Shares of SWIFT
All Category - IAuthorised DealerBanks
RBI/2013-2014/127A.P. (DIR Series)
Circular No. 7
8.7.2013 Foreign ExchangeDepartment
Risk Management and InterBank Dealings
All Authorised DealerCategory - I Banks
RBI/2013-2014/126A.P. (DIR Series)
Circular No. 6
8.7.2013 Foreign ExchangeDepartment
External Commercial Borrow-ings (ECB) Policy - Non-Bank-ing Finance Company - AssetFinance Companies (NBFC -AFCs)
All Category - IAuthorised DealerBanks
RBI/2013-2014/125A.P. (DIR Series)
Circular No.5
8.7.2013 Foreign ExchangeDepartment
Deferred Payment Protocolsdated April 30, 1981 and De-cember 23, 1985 between Gov-ernment of India and erstwhileUSSR
All Category - IAuthorised DealerBanks
RBI/2013-2014/124A.P. (DIR Series)
Circular No. 4
8.7.2013 Foreign ExchangeDepartment
Exim Bank's Line of Credit ofUSD 10 million to the Govern-ment of Seychelles
All Category - IAuthorised DealerBanks
1 7
Bizsol UPDATE August - 2013
Circular NumberDate of
IssueDepartment Subject Meant for
RBI/2013-2014/119A.P. (DIR Series)
Circular No.03
4.7.2013 Foreign ExchangeDepartment
Deferred Payment Protocolsdated April 30, 1981 and De-cember 23, 1985 between Gov-ernment of India and erstwhileUSSR
All Category - IAuthorised DealerBanks
RBI/2013-2014/118A.P. (DIR Series)
Circular No.02
4.7.2013 Foreign ExchangeDepartment
Risk Management and Inter-Bank Dealings- Liberalizationof documentation requirementsfor the resident entities in theIndian Forex Market
All Authorised DealerCategory - I Banks
RBI/2013-2014/117A.P. (DIR Series)
Circular No.01
4.7.2013 Foreign ExchangeDepartment
Foreign Investment in India -Guidelines for calculation oftotal foreign investment in In-dian companies, transfer ofownership and control of Indiancompanies and downstreaminvestment by Indian compa-nies
All Category - IAuthorised Dealer banks
RBI/2013-2014/116DPSS.CO.PD. Mobile
Banking.No./02.23.001/2013-14
1.7.2013 Department ofPayment andSettlement
System
Master Circular - Mobile Bank-ing Tansactions in India - Op-erative Guidelines for Banks
The Chairman and Man-aging Director / ChiefExecutive Officers AllScheduled CommercialBanks including RRBs /Urban Co-operativeBanks / State Co-opera-tive Banks / DistrictCentral Co-operativeBanks
RBI/2013-2014/108MPD. No. 366 /
07.01.279/2013-14
1.7.2013 Monetary PolicyDepartment
Master Circular on ExportCredit Refinance Facility
The Chairmen/Chief Ex-ecutives of all Sched-uled Banks (excludingRRBs)
RBI/2013-2014/107RPCD.CO.Plan.BC 9 /
04.09.01/2013-14
1.7.2013 Rural Planningand Credit
Department
Master Circular - Priority Sec-tor Lending-Targets and Clas-sification
The Chairman/ ManagingDirector/ Chief Execu-tive Officer [All sched-uled commercial banks(excluding Regional Ru-ral Banks)]
RBI/2013-2014/106IDMD.PDRD. 02 /03.64.00/2013-14
1.7.2013 Department ofBanking
Operations andDevelopment
Master Circular- Capital Ad-equacy Standards and RiskManagement Guidelines forStandalone Primary Dealers
All Standalone PrimaryDealers
RBI/2013-2014/105IDMD.PCD. 04/
14.01.02/2013-14
1.7.2013 Internal DebtManagementDepartment
Master Circular - Guidelines forIssue of Commercial Paper
All market participants
RBI/2013-2014/104IDMD.PCD. 05 /14.01.03/2013-14
1.7.2013 Internal DebtManagementDepartment
Master Circular - Guidelines forIssue of Certificates of Deposit
All market participants
1 8
Bizsol UPDATE August - 2013
Circular NumberDate of
IssueDepartment Subject Meant for
RBI/2013-2014/76DBOD.No.Dir.BC. 14/
13.03.00/2013-14
1.7.2013 Department ofBanking
Operations andDevelopment
Master Circular- Loans andAdvances - Statutory and OtherRestrictions
All Scheduled Commer-cial Banks (excludingRRBs)
RBI/2013-2014/75DBOD.No.Dir.BC.10/
13.03.00/2013-14
1.7.2013 Department ofBanking
Operations andDevelopment
Master Circular on InterestRates on Rupee Deposits heldin Domestic, Ordinary Non-Resident (NRO) and Non-Resi-dent (External) (NRE) Ac-counts
All Scheduled Commer-cial Banks (excludingRRBs)
RBI/2013-2014/74DBOD.No.Dir.BC. 11 /
13.03.00/2013-14
1.7.2013 Department ofBanking
Operations andDevelopment
Master Circular of instructionsrelating to deposits held inFCNR(B) Accounts
All Scheduled Commer-cial Banks (excludingRRBs)
RBI/2013-2014/73DBOD.No.Dir.BC. 15 /
13.03.00/2013-14
1.7.2013 Department ofBanking
Operations andDevelopment
Master Circular - Interest Rateson Advances
All Scheduled Commer-cial Banks (excludingRRBs)
RBI/2013-2014/72DBOD.No.BP.BC. 9/21.06.001/2013-14
1.7.2013 Department ofBanking
Operations andDevelopment
Master Circular - PrudentialGuidelines on Capital Ad-equacy and Market Discipline- New Capital AdequacyFramework (NCAF)
All Commercial Banks(Excluding Local AreaBanks and Regional Ru-ral Banks)
RBI/2013-2014/71DBOD.No.BP.BC. 21/
21.01.002/2013-14
1.7.2013 Department ofBanking
Operations andDevelopment
Master Circular - PrudentialNorms on Capital Adequacy -Basel I Framework
All Local Area Banks
RBI/2013-2014/70DBOD.No.BP.BC. 2/21.06.201/2013-14
1.7.2013 Department ofBanking
Operations andDevelopment
Master Circular - Basel III Capi-tal Regulations
All Scheduled Commer-cial Banks (ExcludingLocal Area Banks andRegional Rural Banks)
RBI/2013-2014/69DBOD No.Leg.BC. 22 /
09.07.006/2013-14
1.7.2013 Department ofBanking
Operations andDevelopment
Master Circular on CustomerService in Banks
All Scheduled Commer-cial Banks (ExcludingRRBs)
RBI/2013-2014/68DBOD.No.Dir.BC.13/
13.03.00/2013-14
1.7.2013 Department ofBanking
Operations andDevelopment
Master Circular - ExposureNorms
All Scheduled Commer-cial Banks (excludingRRBs)
RBI/2013-2014/67DBOD. No.DIR.BC.17/
08.12.001/2013-14
1.7.2013 Department ofBanking
Operations andDevelopment
Master Circular - Housing Fi-nance
All Scheduled Commer-cial Banks (excludingRRBs)
RBI/2013-2014/66DBOD. No. Dir. BC.12/
13.03.00/2013-14
1.7.2013 Department ofBanking
Operations andDevelopment
Master Circular - Guaranteesand Co-acceptances
All Scheduled Commer-cial Banks (excludingRRBs)
1 9
Bizsol UPDATE August - 2013
Circular NumberDate of
IssueDepartment Subject Meant for
RBI/2013-2014/65DBOD No.DIR.BC.16 /
04.02.002/2013-14
1.7.2013 Department ofBanking
Operations andDevelopment
Master Circular - Rupee / For-eign Currency Export Creditand Customer Service To Ex-porters
All Scheduled Commer-cial Banks (excludingRRBs)
RBI/2013-2014/64DBOD.No.Ret.BC. 19/
12.01.001/2013-14
1.7.2013 Department ofBanking
Operations andDevelopment
Master Circular - Cash Re-serve Ratio (CRR) and Statu-tory Liquidity Ratio (SLR)
All Scheduled Commer-cial Banks (ExcludingRegional Rural Banks)
RBI/2013-2014/63DBOD No. CID.BC. 3 /
20.16.003/2013-14
1.7.2013 Department ofBanking
Operations andDevelopment
Master Circular on Wilful De-faulters
i) All scheduled com-mercial banks (exclud-ing RRBs and LABs) andii) All India Notified Fi-nancial Institutions
RBI/2013-2014/62DBOD.No.BP.BC.1/21.04.048/2013-14
1.7.2013 Department ofBanking
Operations andDevelopment
Master Circular - Prudentialnorms on Income Recognition,Asset Classification and Pro-visioning pertaining to Ad-vances
All Commercial Banks(excluding RRBs)
RBI/2013-2014/61DBOD. No.FSD.BC.05/
24.01.001/ 2013-14
1.7.2013 Department ofBanking
Operations andDevelopment
Master Circular - Para-bankingActivities
All Scheduled Commer-cial Banks (excludingRRBs)
RBI/2013-2014/58DBOD.BP.BC No. 7/21.04.018/2013-14
1.7.2013 Department ofBanking
Operations andDevelopment
Master Circular - Disclosure inFinancial Statements - Notesto Accounts
The Chairmen/Chief Ex-ecutives of All Commer-cial Banks (excludingRRBs)
RBI/2013-2014/57DBOD.BP.BC.No.6/21.04.172/2013-14
1.7.2013 Department ofBanking
Operations andDevelopment
Master Circular - Bank Financeto Non-Banking Financial Com-panies (NBFCs)
Chairman and ManagingDirectors / Chief Execu-tives of All ScheduledCommercial Banks (Ex-cluding RRBs)
RBI/2013-2014/55DNBS (PD) CC.No.33/SCRC/26.03.001/ 2013-
2014
1.7.2013 Department ofNon BankingSupervision
Master Circular on directions/instructions issued to theSecuritisation Companies/Re-construction Companies
RBI/2013-2014/54DNBS (PD) CC. No. 31/SCRC/26.03.001/ 2013-
2014
1.7.2013 Department ofNon BankingSupervision
Notification as amended uptoJune 30, 2013 -The Securiti-sation Companies and Recon-struction Companies (ReserveBank) Guidelines and Direc-tions, 2003
R B I / 2 0 1 3 - 2 0 1 4 / 5 3DNBS (PD-MGC) C.C.No.15/23.11.001/2013-14
1.7.2013 Department ofNon BankingSupervision
Notification as amended uptoJune 30, 2013 - "MortgageGuarantee Companies Pruden-tial Norms (Reserve Bank) Di-rections, 2008"
The Chairman/CEOs ofall Mortgage GuaranteeCompanies
2 0
Bizsol UPDATE August - 2013
Circular NumberDate of
IssueDepartment Subject Meant for
RBI/2013-2014/52DNBS (PD-MGC)
C.C.No.16/23.11.001/2013-14
1.7.2013 Department ofNon BankingSupervision
Notification as amended uptoJune 30, 2013 - "MortgageGuarantee Companies Invest-ment (Reserve Bank) Direc-tions, 2008"
The Chairman/CEOs ofall Mortgage GuaranteeCompanies
RBI/2013-2014/17UBD.BPD.(PCB) MC
No.2/09.22.010/2013-14
1.7.2013 Urban BanksDepartment
Master Circular- Finance forHousing Schemes - UCBs
The Chief Executive Of-ficers All Primary (Ur-ban) Co-operativeBanks
RBI/2013-2014/15Master Circular No.
15 /2013-14(Updated as onJuly 04, 2013)
1.7.2013 Foreign ExchangeDepartment
Master Circular on Foreign In-vestment in India
All Category - IAuthorised Dealer banks
RBI/2013-2014/14Master Circular No.14 /
2013-14
1.7.2013 Foreign ExchangeDepartment
Master Circular on Exports ofGoods and Services
All Authorised DealerCategory - I banks andAuthorised banks
RBI/2013-2014/13Master Circular No. 13/
2013-14
1.7.2013 Foreign ExchangeDepartment
Master Circular on Import ofGoods and Services
Master Circular on Im-port of Goods and Ser-vices
RBI/2013-2014/12Master CircularNo. 12/2013-14
1.7.2013 Foreign ExchangeDepartment
Master Circular on ExternalCommercial Borrowings andTrade Credits
All Authorised DealerCategory - I banks andAuthorised banks
RBI/2013-2014/11Master CircularNo.11/2013-14
1.7.2013 Foreign ExchangeDepartment
Master Circular on Direct In-vestment by Residents in JointVenture (JV) /Wholly OwnedSubsidiary (WOS) Abroad
All Authorised DealerCategory - I banks
RBI/2013-2014/10Master CircularNo. 10/2013-14
1.7.2013 Foreign ExchangeDepartment
Master Circular on Memoran-dum of Instructions governingmoney changing activities
All Authorised Personsin Foreign Exchange
RBI/2013-2014/9Master CircularNo.9/2013-14
1.7.2013 Foreign ExchangeDepartment
Master Circular on Compound-ing of Contraventions underFEMA, 1999
All Authorised DealerCategory - I banks andAuthorised Banks
RBI/2013-2014/8Master CircularNo.8 /2013-14
1.7.2013 Foreign ExchangeDepartment
Master Circular on RemittanceFacilities for Non-Resident In-dians / Persons of Indian Ori-gin / Foreign Nationals
All Authorised DealerCategory - I banks andAuthorised banks
RBI/2013-2014/6Master CircularNo. 6/2013-14
1.7.2013 Foreign ExchangeDepartment
Master Circular on Miscella-neous Remittances from India- Facilities for Residents
All Authorised Personsin Foreign Exchange
RBI/2013-2014/7Master CircularNo.7/2013-14
1.7.2013 Foreign ExchangeDepartment
Master Circular on Establish-ment of Liaison / Branch /Project Offices in India by For-eign Entities
All Category - IAuthorised Dealer banks
2 1
Bizsol UPDATE August - 2013
Circular NumberDate of
IssueDepartment Subject Meant for
RBI/2013-2014/5Master CircularNo. 5/2013-14
1.7.2013 Foreign ExchangeDepartment
Master Circular on Risk Man-agement and Inter-Bank Deal-ings
All Authorised Dealers -Category I Banks
RBI/2013-2014/4Master CircularNo. 4/2013-14
1.7.2013 Foreign ExchangeDepartment
Master Circular on Acquisitionand Transfer of ImmovableProperty in India by NRIs/PIOs/Foreign Nationals ofNon-Indian Origin
All Category - IAuthorised Dealer banks
RBI/2013-2014/3Master Circular No.3/
2013-14
1.7.2013 Foreign ExchangeDepartment
Master Circular on Memoran-dum of Instructions for Open-ing and Maintenance of Rupee/Foreign Currency Vostro Ac-counts of Non-resident Ex-change Houses
All Authorised DealerCategory-I Banks
RBI/2013-2014/2Master CircularNo.2 /2013-14
1.7.2013 Foreign ExchangeDepartment
Master Circular on Non-Resi-dent Ordinary Rupee (NRO)Account
All Authorised DealerCategory - I banks andAuthorised banks
RBI/2013-2014/1Master CircularNo.1/2013-14
1.7.2013 Foreign ExchangeDepartment
Master Circular on MoneyTransfer Service Scheme
All Authorised Persons,who are Indian Agentsunder the Money Trans-fer Service Scheme
2 2
Bizsol UPDATE August - 2013
CBEC Notified Exchange Rate for Conversion of Foreign Currency w. e. f.2nd Aug 2013 (Notification No. 81/2013-Customs (N.T.) dt. 01.08.2013)
SCHEDULE - I
S.No. Foreign Currency
Rate of exchange of one unit of foreign currency
equivalent to Indian rupees
(For Imported Goods) (For Export Goods)
1. Australian Dollar 55.85 54.35
2. Bahrain Dinar 166.65 157.45
3. Canadian Dollar 60.05 58.5
4. Danish Kroner 11 10.7
5. EURO 81.85 79.95
6. Hong Kong Dollar 7.95 7.8
7. Kenya Shilling 72.2 67.85
8. Kuwait Dinar 221.5 208.15
9. New Zealand Dollar 49.4 48
10. Norwegian Kroner 10.45 10.15
11. Pound Sterling 94.05 91.9
12. Singapore Dollar 48.45 47.4
13. South African Rand 6.4 6.05
14. Saudi Arabian Riyal 16.75 15.85
15. Swedish Kroner 9.45 9.2
16. Swiss Franc 66.55 64.75
17. UAE Dirham 17.1 16.15
18. US Dollar 61.55 60.55
S.No. Foreign Currency
Rate of exchange of 100 units of foreign currency
equivalent to Indian rupees
SCHEDULE-II
(For Imported Goods) (For Export Goods)
1. Japanese Yen 63 61.5
2 3
Bizsol UPDATE August - 2013
Be 100% Statutory Compliant -Be 100% Statutory Compliant -Be 100% Statutory Compliant -Be 100% Statutory Compliant -Be 100% Statutory Compliant -
Important Tips forImportant Tips forImportant Tips forImportant Tips forImportant Tips for
Indirect and Direct TIndirect and Direct TIndirect and Direct TIndirect and Direct TIndirect and Direct Taxation!axation!axation!axation!axation!
By CMA Ashok Nawal
In the Budget 2013-14, certain stringent provisions
were incorporated and accepted by the Parliament
and therefore included in the Enactment.
Section 104 of Customs Act 1962 or Section 9A,
Section 20 of Central Excise Act, 1944 had being
amended where powers of arrest has been granted
at the time of investigation itself and if mis-declaration
of import / export cargo or evasion of duty is more
than Rs. 50 lacs then, such offense will be treated as
cognizable offense which is non - bailable and
imprisonment of such offenses can be up to 7 years.
Similar provisions have been incorporated in the
finance Act for the alleged evasion of service tax if it
is more than Rs. 50 lacs then, similar provisions of
Central Excise Act are made applicable Moreover,
each person dealing in Service Tax from officers to
Directors are held personally liable and persons liable
are also defined.
Similarly, provisions of provisional attachment of the
property to protect the revenue even at the time of
investigation have been incorporated.
In view of the same and more so, as a value system
of the company, it is mandatory for each Company to
have periodical review on continuous basis to ensure
100% Statutory Compliance. Even though system is
in place, there are no. of factors (internal & external)
which also needs to be addressed.
Attempt has been made to give the important tips,
since exhaustive list may vary from case to case basis,
but if such tips are been followed in real spirit, then it
will be beneficial to the Companies for achieving the
objective to be Statutory Complaint.
Customs - Imports & Exports
Whenever importation or exportation is planned
important factors like item description, conditions for
imports or exports, tariff classification & description,
description as per company master file as well as
supplier's master file, relationship between importer
& exporter, valuation and documentation, etc. are the
key factors.
After November, 2011 Era of Self-Assessment started
and accordingly, suitable changes to Section 17, 18,
46 & 50 of the Customs Act, 1962 has been made.
Key elements of Self-Assessment of imported /
exported goods
• Description of goods
• Classification
• Levy of duty / Cess
• Nature of the goods
• Whether the notification benefit is conditional or
other wise
• Whether countervailing duty is applicable based
on MRP
• Whether anti-dumping duty or safeguard duty is
applicable
• Whether duty benefit is available under a Free
Trade Agreement
• Whether duty benefit is available as Project
Import
• Whether duty benefit is available under Export
Promotion schemes
• Valuation
• Import and export restrictions and licensing
• Compulsory Compliance Requirement (CCR)
• Selection of Export Promotion Schemes
It is important to understand the following information
under the said regulation.
a) 'audit' means examination of bills of entry,
shipping bills, invoices, packing lists, import
2 4
Bizsol UPDATE August - 2013
Key Aspects Check Points
Description of goods 1) Check description of goods matches with ERP system / Store Accounting
Systems, Purchase Orders, Brand, Grade, Specification. If brand, grade and
specifications are not properly declared value can be rejected under Rule 12
of Customs Valuation (determination of value of imported goods) Rules 2007.
2) The description should be generic based merely on description of the drawback
schedule. It should provide descriptive and technical details of export / import
goods.
Classification 1) General principle of classification is to match correct and complete description
of goods with that of Custom Tariff Act.
2) Classification should be inconsonance with International Convention of
Harmonized System of Nomenclature as made effective.
3) Product technical literature, application catalogues, certificate of analysis, in-
house test report, sales invoices, composition of raw-material / intermediate
goods, manufacturing of finished goods, using the raw-material / intermediate
goods also will be subjected for audit for verifying import / export consignments.
Levy of duty/ Cess Importer / Exporter are required to carefully verify whether their items of import /
export is liable for any duties / cess and also ensure correct rate of duty considering
the Notification issued under Section 25 of Customs Act, 1962.
Nature of the goods While considering the Tariff Rate of Duty or Effective Rate of Duty, plain many of
the language used in the Notification is to be taken to decide applicability of the
Notification and should not be stretch to avail the benefit which is not intended in
the Notification.
Quantity and Unit of 1) Quantity and unit of measurement as mentioned in the Bill of Entry or Shipping
Measurement Bill at the time of import or export as the case may be should be the same and
match with the books of accounts as mentioned above and all records manual
or electronics, electronically maintained.
2) It has been observed that the quantity reported in system / books of accounts
are different than that of reported in declaration made at the time of import /
export and therefore such goods are liable for confiscation and there will be
litigation and demands of duty, penalty and interest and fine in lieu of
confiscation.
licences, books of account, and other records of
transaction relating to imported and export
goods, and may include inspection of goods at
the premises, if available and where necessary,
drawal of samples;
b) 'books of account' includes ledgers, day-books,
cash books, account-books and other accounts
whether kept in the written or printed form and
data stored on a floppy, disc, tape or any other
form in electro-magnetic data storage device;
c) 'premises' includes the place at which imported
or export goods and connected books of account,
records of transaction and other documents are
ordinarily kept by an importer or exporter, as the
case may be, and his registered office or the
premises indicated in his Importer Exporter Code
(IEC) issued by the Ministry of Commerce and
Industry and the places wherever the imported
or export goods, as the case may be, are
ordinarily kept;
2 5
Bizsol UPDATE August - 2013
Whether the Conditions applicable to the exemption of Notification to be fulfilled either Pre-
notification benefit Import Or Post-Import or Pre-Export Or Post-Export as the case may be. Since the
is conditional or audit will be conducted after one year it is easy to verify fulfillment of the conditions
otherwise by the Customs Officers.
Whether 1) Most of the times while clearing the goods the conditions of Notice No. 44 (RE
countervailing 2000)/ 1997 -2002dt. 24/11/2000 not been strictly followed and the casual
duty is applicable declarations are made. Since the goods will be available for inspection and
based on MRP audit proper declaration of MRP at the time of payment of CVD and affixing /
printing of the label on the goods is the requirement under Legal Metrology
Act and should be complied with.
2) Proper records to be kept for verification of MRP declared at the time of imports
and the price list of such items otherwise unnecessary litigation will arise.
Whether anti-dumping 1) Importer should closely examine the records like Bill of Lading / Air Way Bill,
duty or safeguard Country of Origin Certificate, Contract Copy, Sales Brochure and Catalogues,
duty is applicable Invoices etc to ascertained manufacture - supplier or exporter, country of origin
of imported goods,
2) Test Reports, Certificate of Analysis, Brochures and Catalogues, Sales Invoices
will also be audited to ascertain the correctness of declaration and assessment
of Anti-Dumping Duty and Safeguard Duty.
Whether duty benefit 1) Importer needs to be confirming the Tariff Notification for the Rate of Duty
is available under a applicable on specific goods imported under Free Trade Agreement with Japan,
Free Trade Agreement Korea, Singapore, Asian, Malaysia, Thailand, EU, Australia, New- Zealand,
SAARC countries.
2) Importer needs to obtain necessary GSP as per countries specific Rules Of
Origin and fulfill the conditions before claiming such benefits under the
notification.
Whether duty benefit If duty benefit under project import has been availed, then conditions of project
is available as Project import approvals needs to be fulfilled and proper documentation of installation and
Import: start-of commercial production needs to be complied with.
Whether duty benefit 1) If duty benefit is availed under various schemes under Chapter 3 of Foreign
is available under Trade Policy like SIS, FMS, FPS, MLFPS, Hi-Tech, SHIS, VKGUY etc. the
Export Promotion script and utilization thereof needs to ensured even after imports.
schemes 2) Similarly if duty exemption benefit has been availed under Chapter 4 & 5 of
Foreign Trade Policy then the records import / export and conditions of the
authorization needs to be fulfilled and records should be available in the
premises of importer / exporter and match with the requirement.
3) It has been observed that records of consumption either not maintained or do
not match with Books of accounts / ERP system. Moreover the inputs mentioned
in the SION are imported but not been utilized can be well verified from ERP
system or Store Accounting Systems, Costing Systems, Bill of Material and
Number of internal documents including designs and therefore proper care
has to be taken to avoid litigations and allegations of mis-declaration or
suppressions of facts which will result into confiscation of goods and such
Key Aspects Check Points
2 6
Bizsol UPDATE August - 2013
goods are not available during audit still it is liable for confiscation and
redemption fine alongwithduty, interest and penalty will be applicable.
4) If goods are imported claiming exemption under Chapter 6 of Foreign Trade
Policy i.e EOU / STPI / EHTP /BTP during audit fulfillment of conditions of the
notification will be verified and therefore internal records should be in line with
the conditions therein.
5) Product technical literature, application catalogues, certificate of analysis, in-
house test report, sales invoices, composition of raw-material / intermediate
goods, manufacturing of finished goods, using the raw-material / intermediate
goods also will be subjected for audit for verifying import / export consignments
and such consumptions also will be checked with declarations made at the
time of making application with DGFT, declarations filed at the time import /
export, and actual books of accounts including system reports / records.
Valuation 1) Importer / Exporter needs to declare the value in accordance with Section 14
of Customs Act, 1962 read with Customs Valuation (determination of valuation
of imported goods) Rules 2007 /Customs Valuation (determination of value of
export goods) Rules 2007.
2) The transactions with related parties needs to be declared correctly and value
to be assess in terms of (1) above. Most of the time it has been observed that
declarations and facts made before adjudicating officer while fixation of value
by SVB /GATT Cell are different and therefore the said order may not be valid
and hence it has to be ensured if facts are different then it has to be brought to
notice before SVB Cell otherwise value can be rejected at the time of audit
also.
3) Importer / Exporter has to be aware of the Data Bank of recent imports and
the prices thereof so as to determine identical value / similar value / deductive
value / computed value otherwise there may be possibility during audit to
determine value based on the principles of residual method and differential
duty interest penalty may be demanded. Under the self-assessment onus of
determining the correct value in sequential method and providing evidence
has been shifted on the importer from custom offices.
4) When exports are made under various export promotion schemes or exemption
schemes or remission schemes then it is utmost important to declare correct
FOB value in accordance with Rule 3 of Export Valuation Rules 2007.
5) If exports are made to the related party then onus will be on exporter that price
will not influence due to relationship otherwise exporter has to provide the
evidences of determining the value sequentially in terms of Rule 4, 5 / 6 of
Export Valuation Rules, 2007
6) The export value declared on excise return i.e ER- 1 / ER-2 should be matched
with / reconcile with Shipping Bill, Bank Realization Certificate, Books of
Accounts, Notes to Accounts.
7) Exporter needs to take due care while filing the declaration which should be
accurate, true and complete.
Key Aspects Check Points
2 7
Bizsol UPDATE August - 2013
8) In case of High Sea Sales transactions value as accounted and received from
buyer will be also subject for audit.
9) The cost of pre-goods and services in accordance with Rule 9 can be verified
from the books of account, similarly treatment of royalty, technical know-how,
discounts, payment / receipts in foreign exchange various agreements and
contacts will be subjected to audit for verification of value declared at the time
of self-assessment.
Import and export 1) Under Section 2 (33) of the Customs Act prohibited goods are defined and
restrictions and such goods either should not be imported or exported. In accordance with
licensing Section 111 (d) Section 113 (d) such goods are liable for confiscation and also
the importer / exporter is liable for imprisonment.
2) The goods covered under prohibited / restricted goods should be under licensing
provisions and conditions to be strictly fulfilled.
Compulsory During audit Custom Officer can verify the Compulsory Compliance Requirement
Compliance as applicable under various laws as give below:
Requirement (CCR) • Explosives Act, 1884and Explosive Rules, 1983.
• Live Stock Importation Act, 1898.
• Drugs and Cosmetics Act,1940 and Drug and Cosmetics Rules,1945
• Copyright Act,1957 and Copyright Rules, 1958.
• Arms Act, 1959.
• Atomic Energy Act, 1962.
• Insecticide Act, 1968.
• Patents Act,1970 and Patent Rules, 2003.
• Wild Life Protection Act, 1972.
• Gas Cylinder Rules, 1981 and S&MPV (Unfired) Rules, 1981.
• Environment (Protection) Act, 1986 and Rules, 1986.
• The Bureau of Indian Standards Act, 1986 and Rules, 1987
• Motor Vehicles Act, 1988.
• Plants, Fruits and Seeds (Regulation of Import in to India) Order, 1989.
• Trade Marks Act, 1999.
• Hazardous Waste (Management and Handling) Rules, 2003.
• Plant Quarantine (Regulation of ImportInto India) Order, 2003.
• Food Safety and Standards Act, 2006.
• Legal Metrology Act, 2009 and Legal Metrology (Packaged Commodities) Rules,
2011.
Key Aspects Check Points
Importer /exporter needs to respond to the proactive
system of building, trust and record base self-
assessment system and audit thereof and therefore
substantial change in operating procedures and
practices of custom clearance of import /export
consignments needs to be made and issues
mentioned therein above needs to be addressed
without any delay to avoid any litigation and payment
of differential duty, interest, penalty and redemption
fine in lieu confiscation
2 8
Bizsol UPDATE August - 2013
Most of time it is observed that, Custom House Agent
(CHA) / Custom Broker signs on behalf of the importer
/ exporter with / without the authorization of importer
/ exporter and documents as mentioned above is
either not available or available in the scattered form
which will hamper the audit process and compliance
A. Central Excise
It is observed that returns filed under Central Excise
Law are hardly reconciled with Financial Accounts,
Costing Records, MIS and ERP Systems.
Some of the key areas needreconciliation otherwise
of issues may arise:
• Production
• Clearance vis-à-vis sales
• Stock
• Cenvat entitlement vis-à-vis availment
• Cenvat Utilization
• Cenvat Balance
• Duty payments
• Removal of inputs as such
• Removal of capital goods vis-à-vis Gross
block
• ER-4 / 5 / 6 / 7 and quantitative details and
disclosures to the notes to the Accounts,
Cost Audit Report & Other Reports
submitted to Other Statutory Authorities.
Similarly, following areas need constant review:
• Valuation of goods received from & sent to
related party
• Valuation of goods used for captive
consumption or to related party, revision
mechanism and reconciling with Cost
Records
• Stock transfer to & from units enjoying area
based exemption
• Applicability of exemption notifications &
impact thereof on Cenvat under Rule 6 of
Cenvat Credit Rules, 2004
• Clearance under End Used based
exemption notifications
• Import / procurement under IGCRD
It has been also observed lot of unnoticed
irregularities like:
v Export Promotion Capital Goods Scheme -
Unfulfilled Export Obligation
• Installation Certificate and yearly report
mandatory requirement
• Block wise export obligation to be fulfilled
along with average export obligation.
• On shortfall, demand of duty, interest and
penalty.
• Year wise export performance vis-à-vis
export obligation get unnoticed and
unreported and therefore liability is not
provided
v Export Promotion Scheme Like Focus Market
Scheme, Focus Product Scheme, Market Linked
Focus Product Scheme, Served From India
Scheme, VisheshKrishi And Gram UpayYojana :
• Entitlement vis-à-vis application and
revenue recognition thereof
v Advance Authorization For Physical Exports And
Deemed Exports
• Adhoc Norms and ratification thereof, vis-
à-vis actuals
• Quantity imported vis-à-vis quantity
exported in a year / Excess imports or short
exports and treatment in the books of
accounts.
• Violation of actual user condition
• Short consumption vis-à-vis SION and
treatment thereof in the books of accounts.
• Process of redemption and monitoring of
open authorizations / licenses.
v Duty Free Import Authorization
• Pre-export - same as Advance
Authorization.
• Post export - obtaining duty free scrip and
realization thereof, vis-à-vis accounting
treatment.
v EOU :
• Conditions of notification for duty free import
/ indigenous procurement
• Domestic Tariff Area Sale entitlement
• Wastage Norms
• Installation of capital goods
2 9
Bizsol UPDATE August - 2013
• Non moving stock - more than 3 years
• Subcontracting and fulfillments of its
condition
• NFE
• Separate books of accounts including bank
accounts vis-a-vis report in form 3CD for
calculation of exempted profit
• Cenvat
• ER-2 Returns reconciliation with books of
account
v SEZ :
• Authorized operations and procurement of
goods and services
• Returnable goods
• Disposal to Domestic Tariff Area and rate
of duties thereof
• Service tax exemption vis-à-vis Exemption
by way of refund
v GENERAL (FOR INTERNAL AUDIT AND
CONTROL) :
• Export documentation, pre and post export
formality.
• Proof of Export
• Bank Realization Certificate
• Recognition Status
B. Service Tax
Though service tax has been introduced w.e.f. 1994,
starting only with 4 services but now, almost included
all activities other than goods and immovable property.
More so, provisions of service tax were so dynamic
that every year there were drastic changes and
therefore perhaps, Govt. of India realized this aspect
and provided golden opportunity to be statutory
compliant by announcing "Service Tax Voluntary
Compliance Encouragement Scheme 2013".
It is important to avail the benefit from this scheme
and take the following steps:
1. Get all transactions scrutinized so as to ascertain
correct service tax liability as a service provider
and recipient of service where liability to pay
service tax is on recipient of the service under
reverse charge mechanism,
2. Scrutinize all the correspondence with Service
Tax / Central Excise Department to ensure
eligibility criteria.
3. Analyze all the SHOW CAUSE NOTICE received
by such persons and ORDER - IN - ORIGINAL
received by such person.
4. Arrange for the funds to the extent of 50% of the
service tax liability stated in the declaration and
pay the same before 31.12.2013 balance 50%
to be paid on or before 30.06.2014. Otherwise it
needs to be paid along with interest from
01.07.2014 till the date of payment. Needless to
say, all payments to be made on or before
31.12.2014.
5. Submit the true declaration in the form VCES 1
along with detailed calculation in the form Part B
of ST 3 return on or before 31.12.2013.
6. Obtain the acknowledgement in the form VCES
2 on submission of declaration
7. Obtain discharge certificate from designated
authority only after 100% payment of service tax
liability and interest if applicable, i.e. if paid after
01.07.2014 but prior to 31.12.2014.
8. Avail cenvat credit on service tax liability if it is
covered under definition of input services in case
of service tax payment under reverse charge
mechanism.
9. Issue subsidiary invoices under Rule 4 A for the
payment of service tax on service recipient if
possible, to minimize the loss.
It is important to note that, in the Era of Negative List
of Services, all activities other than Negative List and
goods & services, almost all activities are covered and
hence it is mandatory to have built systems as well
as periodical internal controls and checks.
There is a need to analyze the transaction with respect
to:
• Purchase
• Sales
• Expenses
• Income
• Capital Expenditure and also analyze all
expenditures and income from Source -
Invoice / Debit Notes, Service Provider,
Nature of Contract, Account Head
3 0
Bizsol UPDATE August - 2013
Moreover, it is necessary to take the following actions:
• Creation of Matrix - Service Provider, Nature of
Expense and A/c Head
• Creation of New accounting codes
• Standard Accounting Entries
• Inter Group / Inter Unit Transaction Analysis
• Identification of Transactions between Taxable
Territory and Non Taxable Territory
• Analysis of Transactions for Import of services
and taxability in view of Place of Provision of
Service Rules, 2012
• Analysis of Transactions for Export of Service
and taxability in view of Rule 6A of Service Tax
Rules, 1994
• Analysis of Ageing of Service Creditors and
entitlement of Cenvat Credit thereto
• Aging Analysis of Service Debtors and decision
of credit notes and adjustment of the service tax
payment
• Rebate of Service and Linkage with Input
Services / Inputs]
It should be ongoing process and system to :
• Review of the Trial Balance and identification of
the Accounts for further review and analysis of
each transactions reflecting in Books of Accounts
• Review of Contracts with various Service
Providers including job-workers, WCT,
transportation, etc
• Review of each of the identified Accounts and
the transactions there under
• Review of the mechanism for availment of
Service Tax Credit
• Impart Continuous Training to the Accounts team
and Indirect Tax team for implementation of the
new system in the New Era of Negative List of
Services
C. VAT / CST
Following activities needs to be ensured:
a. Downloading Purchase data from system of the
month from ERP
b. Checking of each Purchase Invoice for:
i. Contents of all the particulars in the Invoice
as per section 86 of the MVAT Act.
ii. Amount of Tax and base value matching
with the entries in the ERP.
iii. Checking the item for eligibility of Set-off.
iv. Categorizing each entry under respective
Act i.e. VAT or CST else Import / Service
entry.
v. Categorizing the various VAT purchases
rate wise.
vi. Checking the item for eligibility of Set-off
subject to Rule 53 and 54 of MVAT Rules
and posting the comments along with
remarks against each entry.
vii. Segregating all the Import purchases and
service entry into a separate Sheet.
viii. Reporting all the discrepancies including
missing invoices to ensure that
discrepancies are resolved till the time of
finalization of data.
ix. Checking of receipt of Purchase return data
and cross checking it with ERP.
x. Procurement of fixed asset and entitlement
of set off.
c. Checking of Branch transfer directly received
from Branches and reconciles the same with
system and also to keep the track of F-Forms
and Road permits.
d. Cross checking the sales data with self-
downloaded details and with invoices to ensure
proper charging of VAT and CST.
e. Cross checking the Output tax amount with
corresponding GL in ERP.
f. Cross checking of disposal of fixed assets, scrap,
etc. and chargeability of VAT.
g. Cross tallying the VAT amount in the VAT report
prepared as stated above with the Tax amount
in the corresponding GL in the ERP.
h. Posting of all the purchases GL wise in the Set
off file "purchase data" sheet.
i. Segregating RM and CG in two different sheets
in the set off file.
j. Calculating reduction in Set off.
k. Preparing a draft return using formulas on the
basis of Working.
l. Using this draft return to fill in the Excel utility of
VAT return.
3 1
Bizsol UPDATE August - 2013
m. Consolidation of all locations within the State.
n. Checking of inter-state transactions with Sales
data and reconciling with the system and keeping
the track of receipt of E1 & E2 transaction and
C-Form as the case may be.
o. Keeping the track of Form - H for export of goods
p. Ensuring the system and sorting out the mis-
match of the supplier's data and ensuring
payment of sales tax amount by the supplier.
q. Checking of valuation and contractual liability
w.r.t. works contract under Composition Scheme
or otherwise.
r. Ensuring the deductions and payments of VAT
TDS, in case of Works contract.
s. Payment before the due date.
D. Local Body Tax (LBT)
Companies will have to prepare master list linked with
item code and tariff code and thereafter put the rates.
Similarly, they will have to bifurcate purchases outside
state, within the state and further bifurcate within limits
of Municipal Corporations and from outside limits of
Municipal Corporation and thereafter comply with LBT
payment and Statutory compliances thereof.
Moreover, all types of transactions needs to be
tracked w.r.t. LBT Rules and accordingly liability of
LBT to be worked out.
Company needs to ensure eligibility of the exemption
and maintenance of records to evidence the
entitlement of exemptions in case of:
• Goods imported belong to Government or are
imported on behalf of Government and are
imported for public purpose and are not used or
intended to be used for purpose of earning profit.
• Goods sent on job work and goods re-imported
without effecting any change in the condition or
appearance and ownership of the goods.
However, LBT will be charged on processing or
transfer charges or value addition, provided
goods are re-imported within 6 months.
• Job work within 6 months without changing the
ownership subject to value of such goods are
shown and paying of appropriate deposit as fixed
by the Commissioner.
• Grinding, dying, bleaching, painting, printing,
finishing, stentering, embroidering, doubling,
twisting, metalizing, electroplating, building &
mounting bodies of chassis over vehicle or other
process as approved by the Commissioner will
only be considered as job work . And decision of
the Commissioner will be final.
• Rejection of goods sent within 6 months.
• Exporting the goods outside India.
There will be half-yearly and yearly returns followed
by assessments and Audits and hence considering
the penalty amount, due care is necessary to avoid
penalties and litigations.
E. Income Tax
Followings aspects have to be kept in consideration:
a. Identification of nature of contract of service
providers & employees and deduction of TDS in
accordance with Chapter XVII of Income Tax Act
1961 and correctly filing online returns on time
accurately.
b. Deduction of TCS in case of disposal of waste
and scrap and timely payment thereof and
correctly filing online returns on time accurately.
c. Ensuring no payment in cash more than Rs.
20000 from any person.
d. Accounting penalties, penal interest separately
and also disallowable expenditure separately.
e. Reconciling with TDS deducted by customers /
clients with online system and follow up for
discrepancy if any.
f. Maintenance of separate accounts where
deductions based on investments like 80 IA, 80
IB, Section 10A, 10AA, 10B.
g. Determination of transfer price and preparation
of database for justification and selection of
correct method of determination of arms' length
transaction value for each domestic as well as
international transaction.
h. Payment of TDS / withholding tax for international
transactions and treatment under Double
Taxation Avoidance Agreement (DTAA) with
different countries.
i. Correct disclosures in filing the returns and
claiming the deductions.
3 2
Bizsol UPDATE August - 2013
CENTRAL EXCISEv Cenvat Credit on outward freight is allowed:
As per the purchase order, the place of delivery
is the customer's works and the freight charges
was also included - Denial of CENVAT credit on
the ground that the insurance policy has not
mentioned in particular transportation to a buyer
is not justified as insurance is only open and
general in nature - No reason to deny CENVAT
Credit on GTA service. [2013-TIOL-1089-
CESTAT-MAD]
v Central Excise Valuation: Ground rent
collected from buyers for delayed payment -
Ground rent is nothing but interest on receivables
which is not includable in the assessable value
in view of the Apex Court judgement in case of
M/s MRF Ltd - No merit in revenue's appeal.
[2013-TIOL-1088-CESTAT-DEL]
v Valuation: Respondents importing consignment
of medical equipments from M/s Sysmex
Corporation, Japan in which the importer had
shares. Department initiating proceedings on the
premise that the supplier and respondents are
related persons and the relationship has
influenced the transaction value. Lower authority
enhancing the declared value by 50% which
order was set aside by the Commissioner (A). It
is Held that undisputedly both supplier and
respondents are related persons, however,
department could not produce any evidence that
the transaction value has been influenced by the
relationship and there is also no cogent
reasoning for enhancement of value which
apparently has been enhanced in an arbitrary
manner - O-in-A upheld and Revenue appeal
rejected. [2013-TIOL-1087-CESTAT-MUM]
v Interest on pre-deposit is payable in case of
delayed refund of pre-deposit beyond the period
of 3 months from the date of final order passed
by the Tribunal. Revenue is at liberty to recover
from the concerned officers. [2013 (293) E.L.T.
385 (Tri-Mumbai)]
v Cenvat Credit on input Service covered under
inclusive part: Where a particular activity is
expressly mentioned in the inclusion part of
definition, one need not to bother to examine
whether it satisfied ingredients of main part of
definition & assessee can avail the cenvat credit
for the same. [2013 (293)E.L.T.400 (Tri- Bang.)]
v Cenvat Credit admissible on the basis of
invoice on which serial number is
handwritten: There is no dispute that inputs
were duty paid and duly received by the appellant
and used in the manufacture of excisable goods.
Discrepancy if any could have been verified from
the suppliers end by the jurisdictional Central
Excise officers. Appellant has got such certificate
from the supplier of the inputs with a certification
of Jurisdictional Superintendent confirming that
the invoices stated in letter of supplier are
checked from the records. Substantial benefit
cannot be denied to the assessee on the basis
of procedural irregularity when under rule 11
there is no such obligation of printed serial
number on the invoices. [2013(293) ELT 44 (Tri.
Ahmd)]
v Clarification in respect of Exports rebate on
samples supplied free to overseas buyer:
Exporters plea that exporter rightfully entitled and
eligible for rebate of duty paid on goods as there
was no requirement of realization of foreign
exchange. Moreover though there was no
commercial value involved in the free samples,
they were capable of fetching market value of
Approx 26 lacs. However from the records it was
clear that exporter exported free samples under
rebate of excise duty whereas shipping bills were
having no commercial value and no foreign
exchange was involved. Keeping in view the fact
that rebate is an export oriented scheme to
neutralize the effect of domestic duties on
3 3
Bizsol UPDATE August - 2013
exported goods to make them competitive in
international market, exporter was held not to
be eligible for rebate of duty. [2013(293) ELT
137 (G.O.I)]
v Limitation for appeal: Condonation of delay of
8 years, appeal against dismissal of appeal by
lower appellate authority for non-compliance with
its direction for pre-deposit. No explanation given
as to what steps were taken within period of 8
years for complying with that direction. Reasons
that there was litigation between assessee and
their bank and fire, both events are found much
before directions of pre-deposit. Hence no
preservity or jurisdictional error or substantial
question of law found to arise, against dismissal
of appeal by lower appellate authority. Delay not
condoned and appeal rejected. [2013(293) ELT
190 (BOM HC)]
v In absence of intention to evade payment of
duty penalty as per Rule 15(2) of Cenvat
Credit Rules, read with Section 11AC not
imposable: Amount equal to duty on the
transaction value in respect of clearance of
scrapped goods cleared on 04.02.2008 and
05.02.2008 was payable in terms of Rule 3(5A)
of Cenvat Credit Rules, 2004 by 5th of next month
i.e. By 5th March 2008 and as such just because
this amount was not paid immediately on
clearance, it would not be correct to say that
appellant had intention to evade payment of duty,
when there is no dispute that the duty was paid
on 07.02.2005 i.e much before the due date for
the payment of duty. Imposition of penalty not
sustainable. [2013(293) ELT 266 (Tri. Del.)]
v Clandestine removal: Allegation of clandestine
removal cannot be sustained on the basis of
documents recovered from third person without
corroboration from independent source,
impugned order set aside. [2013(293) ELT 234
(Tri. Del.)]
v Cross examination of witness: availment
credit only on Invoices without receipt of goods,
owner of vehicle in which impugned consignment
were claimed to be transported and whose
statement had been obtained by Department. His
cross examination should be allowed. Use of auto
rickshaws for transport is immaterial, it may
amount to violation of Motor Vehicles Act/Rules
but could not lead to conclusion that impugned
goods could not have been transported.
[2013(293) ELT 314 (Tri. Del.)]
v Different stand for different assessee not
permissible except when change in law or
Supreme Courts decision: Different stand for
different assessee not justified in respect of same
issue. Revenue cannot pick and choose between
assessee of same nature to file appeal in respect
of very same issue. There must be some
consistency, if issue decided in favor of any party
had attained finality, affected party in that case
is justified only when there is change of law or
any other binding decision of superior forum
warranting such change. On facts, CESTAT
having considered the issue and given findings
in favor of assessee in one case, which was not
disputed by revenue and decision having become
final / conclusive, revenue was not justified in
contesting very same issue in appeal before High
Court in respect of another assessee. Also
Commissioner as original authority having taken
decision in favor of Revenue, as Appellate
Authority cannot take different view in favor of
assessee in another similar case. [2013(293)
ELT 10 (Mad HC)]
v Delay in filing appeal due to mistake of
Counsel condonable: While deciding
condonation of delay lenient view ought to be
taken as appellant does not gain anything by not
filing the appeal. It was more so as delay was
due to the mistake of counsel who has also filed
his personal affidavit. Delay condoned and
appeal allowed. [2013(293) ELT 24 (All HC)]
CUSTOMSv Valuation of Imported Ball Bearings: highly
prone to undervaluation and invoicing at prices
below cost price. Guidelines for heir valuation
issued by Commissioner of Customs (Imports)
Mumbai vide letter dated 08.09.2005 taking into
account average cost of material, wastage,
manufacturing cost & other charges etc after
extensive studies, price observed in trade as well
as other sources. Held- Guidelines have legal
3 4
Bizsol UPDATE August - 2013
bearing on assessement of ball bearing.
[2013(293) ELT 314 (Tri. Del.)]
v Customs - Valuation: The Assistant
Commissioner enhanced the value without
assigning any reason. It is well settled law that
the declared transaction value can be rejected
only if it does not satisfy the criteria as prescribed
for the same in proviso to Rule 3(2) of the
Customs Valuation Rules 2007 or that the proper
officer after following, the procedure prescribed
in Rule 12 of the valuation Rule had come to
conclusion that there are reasons to doubt the
correctness of the declared transaction value.
Bill of entry which is relied upon by the
department for rejecting the declared value and
enhancing the same is in respect of goods
classifiable under a different heading. No infirmity
in the order of the Commissioner (Appeals)
dropping the demand. [2013-TIOL-1021-
CESTAT-DEL]
SERVICE TAXv Permanent transfer of intellectual property
right does not amount to rendering of
service: Appellant getting trade secret from an
ex-employee of competitor firm, competitor firm
filing suit in US Court, appellant pays for use of
trade secret and reaches an out of court
settlement as per which the appellant has
become a co-owner of the intellectual property.
Since the transfer is permanent the transaction
does not come under the purview of Section 65
(55b) of the FA, 1994 so as to be taxed under
the head of Intellectual Property Service. ST
demand made on reverse charge basis set aside
and appeal allowed. [2013-TIOL-1092-CESTAT-
MUM]
v Service Tax Refund of service consumed in
SEZ: Substituted provisions of clause/sub-
paragraph 'C' of Notification No. 15/2009 cannot
be inferred to have imposed any disability on the
recipient of services consumed wholly within the
SEZ from seeking refund of service tax remitted
on such transactions, by the providers of such
services. Therefore rejection of refund in relation
to Architect, Interior Decorators and Consulting
Engineer services on the ground that the same
has been consumed wholly in the SEZ is
unsustainable. [2013-TIOL-1091-CESTAT-
AHM]
v Tax on Interest of late membership fee:
Demand of service tax on the amounts received
towards room rent, interest for delayed payment
of membership fee and income from
securitization. It is possible that the members also
paid room rentals for overstaying and booking
for their guests etc. Revenue is also deprived of
tax on delayed payment of membership fees,
which was liable to be paid at the time of entry -
Hence, it is reasonable to pay tax on interest.
No prima facie case made out against inclusion
of amount received towards room rent and
interest - Pre-deposit of Rs 2 crores ordered.
[2013-TIOL-1090-CESTAT-MAD]
v Refund of input service used for providing
output service not deniable: Refund of input
service used for providing output service can not
be denied merely because the assessee has not
attempted to explain how exactly the said service
are used in providing output taxable service which
has been exported, except in the way of resorting
to generalities and vague expressions of the
justification. [2013 (293) E.L.T. 398 (Tri- Bang.)]
v Incentive received, Bad Debts & Discount are
not includible in Valuation of Advertising
Service – Incentive for appreciating performance
not liable to be taxed. In case of bad debts &
discount as no consideration is received, same
can not be included in valuation of services.
[2013(31)STR 77(Tri.-Del.)]
v Evasion of tax not involved when services
availed by two units and credit availed by
one unit.- Cenvat credit of Services utilized by
both the units of the appellant. But complete
credit was taken by Unit-I. In audit objection was
raised and auditors recorded in their report that
Unit-I was liable to reverse the credit in question
and pay interest thereon. Then after
objectionable credit was reversed by Unit-I.
Intention to evade the duty by Unit-I not proven
as both units owned by the assessee and credit
reversed undisputedly available to Unit-II. Lower
authority recorded finding that irregular utilization
3 5
Bizsol UPDATE August - 2013
of credit is an unintended error, not challenged
by the revenue. Hence no interest imposable
being no evasion of tax. [2013(31)STR 47(Tri.-
Bang.)]
v Illiterate person not liable to penalty when
tax not paid under bona fide belief.- Assessee
is illiterate widow. As soon as the respondent was
informed by department by way of formal letter
that she is required to pay the service tax, she
promptly took registration and in the application
for registration she has indicated that she had
started business from 6-7-2000 i.e. correct date.
It was held that assessee was always keen to
obey the law and on correct advise obeyed the
same. Omission unintentional and reasonable
cause established as required under Section 80
of Finance Act, 1994. Penalty not imposable.
[2013(31)STR 89(Tri.-Ahmd.)]
v Penalty not imposable when credit taken as
per practice and precedent even though not
eligible.- During relevant period there were
decisions which indicated that service tax paid
on commission agent is eligible for availment of
Cenvat credit. Based on that bona fide belief held
by the assessee can not be considered as
erroneous to invoke extended period of limitation
for imposition of equal amount of penalty.
[2013(31)STR 81(Tri.-Ahmd.)]
v Penalty not imposable when service tax paid
before issue of SCN.- Service Tax registration
obtained but service tax not paid for the years
2005-06 & 2006-07. However entire amount of
Service Tax along with interest was paid the
before issuance of the SCN. Services were
provided to central excise assessee. The service
tax paid by him was available as Cenvat Credit
to customers and therefore payment of Service
Tax is revenue neutral and in such case there
was no deliberate intention to evade the Service
Tax. Tribunal rightly invoked the discretion under
Section 80 for not imposing penalty.
[2013(31)STR 89(Guj.)]
v Small Service Provider- value of exempted
service not to be computed in calculation of
annual turnover.- Assessee was providing
catering service. Benefit of Notification 4/2007-
S.T. denied as turnover exceeding value of Rs.
8 Lakh during relevant period. As per Notification
No. 1/2006-S.T., value of Services Exempted not
to taken into account for calculating aggregate
value. Pre-deposit waived off. [2013(31)STR
12(Tri-Del.)]
v Cenvat credit availed by manufacturing unit
prior to Input Service Distributor (ISD)
registration of Head Office - Admissible.-
Head office of the appellant has distributed
Service Tax credit on basis of invoices dated 20-
9-2005. Appellant availed said Cenvat credit on
4-10-2005. The head office of the appellant has
obtained the ISC registration on 6-12-2005.
Credit admissible following the judgements in
Jindal Photo Ltd. [2009(14)S.T.R.812(Tribunal)
and Samita Conductors Ltd. [2012(278) ELT492
(Tri.-Ahmd.)]. [2013 (31) STR 62(Tri.- Ahmd)]
v No fee for filling Appeal relating to refund/
rebate: In view of clear provision in Section 86(6)
we have no doubt in holding that no fees is
payable on appeals relating to refund/rebate of
Service Tax. Since provisions under Section
129A (6) of Customs Act and 358 (6) of Central
Excise Act, are identical, no fees is payable in
respect of appeals pertaining to refund of excise
duty or Customs duty - Larger Bench of CESTAT
[AIT-2013-124-CESTAT]
EOU/SEZv No duty demand of duty free Capital goods
re-exported due to non operation of EOU: In
case of non commencement of production of
100% EOU unit which had no control over
circumstances forcing closure of unit, demand
of duty & penalty for non-fulfillment of export
obligation & extension of warehousing period for
re-export of capital goods can not be made if no
contravention has been made with respect to
procedure for clearance of warehoused goods
u/s 69 of Customs Act, 1962. [2013 (293) E.L.T.
387 (Tri.- Mumbai)]
v Duty to be paid on depreciated value of
capital goods: Capital goods imported availing
full exemption under Notification No.53/97-Cus
by 100% EOU unit. When goods subsequently
cleared from 100% EOU to DTA after obtaining
3 6
Bizsol UPDATE August - 2013
requisit approval, duty liability to be discharged
on depreciated value of goods. Since appellant
available exemption not only on Basic Duty of
Customs, but also in additional duty of customs
at the time of importation, duty liability on
depreciated value for additional Customs Duty
@13% and special duty @ 5% to be paid along
with BCD. [2013(293) ELT 94 (Tri. Mumbai)]
FOREIGN TRADE POLICYv Writ jurisdiction not invokable when
petitioner failed to avail alternate remedy
within statutory period: Against the orders of
Foreign Development Officers, remedy of appeal
available under Section 9(5) read with Section
15 of Foreign Trade (Development and
Regulation) Act, 1992. Exporter failing to avail of
that statutory remedy within prescribed period,
writ petition was not maintainable. It was
circumvention of statutory provision, which writ
jurisdiction cannot permit. [2013(293) ELT 481
(Bom HC)]
INCOME TAXv No penalty for non-deposition of TDS within
time: Non-deposition of TDS in time is technical
breach of provision of Act and penalty u/s 271
(1) (c) referring to concealment /wrong furnishing
of income can not be levied. [2013-TIOL-623-
ITAT-AHM]
v Assembly involving few processes eligible
for sec 80IB deduction: The claim of the
assessee u/s 80IB can not be denied merely
because the profit was a result of assembling,
involving few operations or processes, simple in
nature with low power consumption. [2013-TIOL-
621-ITAT-MUM]
v Assessment can be re-opened on the
objection of audit party: An assessment which
is completed u/s 143(3) can be reopened on the
basis of objection raised by audit party particularly
when no new fact on material has come to the
knowledge of AO. [2013-TIOL-514-ITAT-MUM]
v Expenditure on upgradation of technology
is revenue expenditure: Expenditure incurred
on upgradation of technology to boost the
business is revenue in nature, and it cannot be
said that any new asset of enduring nature has
come into existence. [2013-TIOL-495-ITAT-
MAD]
v Addition in income can be made in case
evidence of source of providing loan is not
provided: The addition on account of
unexplained credit u/s. 68 is justified when none
of the creditors were having any evidence of
source of their earning to advance any loan to
the assessee and they have failed to explain why
cash of the equivalent amounts of loan were
deposited in their bank account prior to issue of
cheques in favour of the assessee. [2013-TIOL-
488-ITAT-AGRA]
v Interest on lease rent deposit to be to actual
rent received for calculating annual letting
value: Interest received on lease rent deposit is
to be added to the actual rent agreed to be paid
between the parties for the purpose of
determining the annual letting value of the
property u/s 23. Notional interest on advance
received can be added to the actual rent paid,
but the annual rental value has to be determined
independently. [2013-TIOL-454-HC-KAR-IT]
v Penalty by RBI is allowable expenditure:
Penalty levied by the RBI for compounding the
contravention is allowable expenditure. The
expenditure for raising capital is revenue in
nature and deductible u/s. 37(1). Assessee is
eligible for deduction u/s 10AA of the above
mentioned disallowances as the same stand
expensed from the profits of a 100% export
oriented unit located at SEEPZ-SEZ, eligible for
deduction u/s 10AA. - [2013-TIOL-441-ITAT-
MUM]
v Two adjoining flats can be treated as single
house for Sec 54 benefit: The expression 'a
residential house' mentioned in Sec 54 effectively
means one flat. When assessee purchases two
adjoining flats from two different sellers under
two separate sale deeds, the same is to be
treated as a single house for the purpose of Sec
54 benefits. - [2013-TIOL-469-HC-AP-IT]
3 7
Bizsol UPDATE August - 2013
v Finance Minister of J & K Abdul Hamid Rather appointed as Chairman of GST
Empowered Committee of State Finance Ministers
v The Union Minister of Textiles, Dr. K.S. Rao, supports exporters' demand for raising
interest subvention to 5%.
v Ministry of Finance Constitutes a Forum Chaired by Dr. Parthasarathi Shome, Adviser
to the Finance Minister for Exchange of Views between Industry Groups and Government
on Tax Related Issues or Tax Related Disputes; Forum to Meet Every Wednesday;
First Meeting of the Forum on August 7, 2013
v The Government has approved Free Trade LPG(FTL) Scheme for selling 5 kg LPG
cylinders through Company Owned Retail Outlets (COCO) PSU Oil Marketing
Companies (OMCs). This will be helpful to those who don't have permanent residence
and have to travel from city to city.
v Government of India signed an agreement with Asian Development Bank (ADB) for a
USD 60 million loan for improving urban services. Then municipal and project
management capacity in several towns in North Karnataka.
v Government promulgates Ordinance to vest powers in SEBI to regulate pooling of
funds above Rs 100 Cr. With The amendments in force now, SEBI would have powers
to regulate any pooling of funds under an investment contract involving a corpus of
Rs.100 Crore or more, attach assets in case of non-compliance.
v The total number of companies in the official Registry of The Ministry of Corporate
Affairs has crossed The 13 lakh mark. As on 31.05.2013, there were 13.21 lakh
companies in the Registry.
v Labour Minister releases revised online transfer claim form for EPFO.
v The Reserve Bank of India has imposed monetary penalty on 22 banks for violation of
its instructions, among other things, on Know Your Customer/Anti Money Laundering.
v The Union Cabinet has approved setting up a National University for Women in Uttar
Pradesh by The name of "The Indira Gandhi National University for Women". This will
be the first university of the country to be established exclusively for women.
v The Cabinet Committee on Economic Affairs has approved the disinvestment of 5
percent paid-up equity capital in the India Tourism Development Corporation (ITDC)
and 1.02 percent paid-up equity capital in the State Trading Corporation (STC),
3 8
Bizsol UPDATE August - 2013
essentially to make these Central Public Sector Enterprises (CPSEs) compliant to the
public shareholding norms under the Securities Contract (Regulation) Rules (SCRR).
v The Union Cabinet approved constitution of National Capital Region Transport
Corporation Limited (NCRTC) under the Companies Act, 1956 with initial seed capital
of Rs.100 crore as per Company Act, 1956 for designing, developing, implementing,
financing, operating and maintaining Regional Rapid Transit system (RRTS) in National
Capital Region (NCR) to provide comfortable and fast transit to NCR towns and meet
the high growth in transport demand.
v India's Trade Deficit further soars; Exports down by 4.5% in June.
v Sharma conveys India's Concern over restrictive provisions of proposed US Immigration
Legislation.
v The Index of mineral production of mining and quarrying sector in May 2013 was higher
by 1.6% compared to that of the preceding month. The mineral sector has shown a
negative growth of 5.7% during May 2013 as compared to that of the corresponding
month of previous year.
v Sibal hands over Rs 961 Cr investment subsidy to Electronics system manufacturing
hub.
v Tardy reform process may pull down India's growth to 5.8% in current fiscal: ADB.
Justice Sathasivam takes over as New Chief Justice of India.
v CBEC appoints Ram Tirath as DG (Safeguard).
3 9
Bizsol UPDATE August - 2013
i Shillong Customs seizes 144 kg of Pseudoephedrine tablets worth Rs 2.9 Cr + 85 kg of
Pangolin Scales worth Rs 51 lakh.
i Kolkata Airport Customs seizes 10043 live green coloured turtles from two pax.
i High Profile Commissioner of Customs Excise & Service Tax Department was forced
to opt for VRS after being allegedly found involved in Big Deals according to sources.
i Hyderabad Airport Customs seizes gold bars worth Rs 25 lakhs from pax coming from
Bangkok.
i Ahmedabad DRI detects short levy of more than Rs 100 Cr in import of Urea.
i Mangalore DRI seizes 2 kg gold from pax coming from Dubai.
i Bihar Economic Offences Wing raid premises of two officials and seize cash and property
worth Rs 4.5 Crore.
i Mumbai DRI seizes 133 MT of Red Sanders worth Rs 55 Cr from 8 containers shipped
from Nhava Sheva to Dubai; Containers declared to contain Tiles & Onion.
i Skoda India fined Rs. 97 crore for duty evasion.
i If Pakistan grants MFN status to India, present Check Post at Amritsar cannot handle
trade traffic; New ICDs required: Customs
4 0
Bizsol UPDATE August - 2013
Starting the day with a conversation between a wife and a
husband who happens to be a software engineer.
Husband: (Returning late from work) “Good Evening Dear,
I’m now logged in.”
Wife: Have you brought the grocery?
Husband: Bad command or file name.
Wife: But I told you in the morning
Husband: Erroneous syntax. Abort?
Wife: What about my new TV?
Husband: Variable not found…
Wife: At least, give me your Credit Card, I want to do some shopping.
Husband: Sharing Violation. Access denied…
Wife: Do you love me or do you only love computers or are you just being
funny?
Husband: Too many parameters…
Wife: It was a great mistake that I married an idiot like you.
Husband: Data type mismatch.
Wife: You are useless.
Husband: It’s by Default.
Wife: What about your Salary?
Husband: File in use… Try after some time.
Wife: What is my value in the family.
Husband: Unknown Virus.
i i i i i
Post Master in a post office told to a woman,”You have to put another stamp
on this letter as it is too heavy.
The woman replied, “How would an extra stamp make it lighter.”
August - 2013
BIZSOL PRIDE!!! …… EXPRESSIONS FROM OUR FOUNDER CUSTOMERS!!!!
August - 2013
Bizsol Journey
Foundation of the dream "Bizsol…." Mr. Vandan Potnis, Chief Editor of Dainik Gavkari along with Mr. Ashok Nawal, Mr. R Venkitachalam and Mr. Hemant Sonar, cutting the ribbon on Opening Ceremony of our first office at Nasik, Maharashtra on 14th January 1997.
Shifted to own office in Nasik on 15th August 2001. Mr. Ashok Nawal along with Mr. R. Venkitachalam.
Expansion of Pune office in the same building on 15th September 2008.
Association established at Pune on 15th September1998 - Mr. Ashok Nawal and Mr. Manoj Behede seen on this occasion.
Milestone achievement..!! Corporate Office at Pune on 15th September 2005 - Mr. Manoj Behede performing Puja on the occasion.
"Bhoomi Pujan" of "Bizsol House" at Nasik on 23rd March 2012. Mr. Arun Sawant performing Puja on the occasion. Board of Directors along with other Bizsolites can be seen on the occasion.
August - 2013
Glimpses of Bizsolites Addressing Seminars / Training Program
Mr. R. Venkitachalam with participants of the training program on "Employee Engagement" at Haldia for Dhunseri Petrochemicals Limited.
Ms. Preeti Kulkarni addressing participants on Customs Act during seminar on arranged by Bizsolindia.
Mr. Ashok Nawal taking part in Panel Discussion on "Industrial Perspective - Inclusive Growth" along with, from L to R, Mr. Abhijeet Pawar, Managing Director, Sakal Papers Ltd., Mr. Anand Karandikar, Managing Director, Metric Consultancy and Mr. Tanveer Salulat.
Ms. Monica Joshi addressing participants during Annual Budget Seminar arranged by Bizsolindia.
L to R: Mr. PravinArote, Mr. Manoj Behede, Mr. Ashok Nawal and Mr. Manoj Malpani addressing queries during Seminar on Local Body Tax arranged by Bizsolindia.
Mr. Manoj Behede training VAT Department officials at the time of implementation of VAT in Maharashtra
August - 2013
Kiran SawaleNanda BardeAnita PatilHarshada PatilAbhishek Malpani
Glimpses with Eminent Personalities..
Mr. Ashok Nawal with Dr. A. P. J. Abdul Kalam, Former President of Republic of India.
Mr. Ashok Nawal with then CBEC Chairman Mr. S.K. Singhal
Mr. Ashok Nawal with Mr. Narendra Jadhav, Ex-Vice Chancellor of Pune University and Member of Planning Commission.
Mr. Ashok Nawal with Mr. G. K. Pillai then Commerce Secretary explaining difficulties faced by Exporters.