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    Export Grows 21.3% in October 2010
    FM Calls for Collective and Collaborative Approach Not Unilateralism to Deal with any Global Crisis - Negotiations on for India-US Bilateral Investme...
    Cases in which SC upheld the Legislative Competence of Parliament to levy service tax
    Updated instructions and clarification relating to FDI Policy
    MRP based valuation under Central Excise
    Service Tax on Software - Tax on goods versus tax on service - constitutional validity - legislative competence of the central government
    The finance ministry has slapped a tax notice of about Rs 758 crore on Delhi Development Authority (DDA) for allegedly not paying service tax since 20...
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    Excise Collection From All Kind Of Tobacco Increases To Rs. 13853.29 Crore In 2009-10
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    Housewives - House Maker ladies are no more unemployed - SC - [G.S. Singhvi, J.]
    Housewives - House Maker ladies are no more unemployed - SC - [GANGULY, J.]
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November 15, 2010
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Export growth accelerates, driving higher year to date trade deficit despite broad-based sectoral gains reported in national trade data.
Exports in October 2010 rose 21.3% to US $18 billion, and April-October exports reached US $121.4 billion (growth 26.8%). April-October imports were US $194.2 billion (growth 26%), producing a merchandise trade deficit of US $72.8 billion; October imports were US $27.7 billion, up 6.8%. Major sectors-engineering, gems and jewellery, marine products, petroleum and petroleum products, and leather and leather products-showed broad based improvement contributing to export expansion.
November 9, 2010
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Bilateral Investment Treaty negotiations aim to deepen economic partnership and improve the investment environment between the countries.
A policy statement urging a collective and collaborative approach to global crises to avoid spillovers to Emerging Markets, highlights India's large infrastructure financing needs and the need for innovative financing and private participation, and describes institutional measures to deepen Indo US economic engagement including a Committee to consider CEOs Forum recommendations, a Financial and Economic Partnership, and ongoing negotiations of a Bilateral Investment Treaty to foster a more conducive investment environment.
October 28, 2010
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Legislative competence to levy service tax affirmed in precedent, validating Parliament's authority to enact service taxation.
Supreme Court precedents have affirmed Parliament's legislative competence to impose a service tax, identifying multiple decisions that sustained the validity of Parliamentary enactments imposing service taxation and thereby reinforcing the constitutional scope for national fiscal legislation on services.
September 30, 2010
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Consolidated FDI Policy updates: prohibition on tobacco manufacture, clarified controlled conditions, downstream investment and reporting rules.
The Circular consolidates the FDI framework effective October 1, 2010, restates FEMA/RBI as the legal basis, adds manufacture of certain tobacco products to the prohibited list, defines "controlled conditions" for specified agriculture sub sectors, clarifies value addition for titanium mineral processing (allowing technology transfer to satisfy requirements), confirms downstream investment via internal accruals (subject to notification and downstream rules), and specifies minimum capitalization, lock in, pricing, reporting (FC GPR/FC TRS) and compliance obligations including FEMA penalties.
September 20, 2010
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MRP based valuation rule exceptions prevent MRP valuation for packages exempted under Rule 34; valuation follows Section 4.
MRP based valuation under Central Excise does not apply where a package falls within Rule 34 exemptions of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977; in such cases valuation is to be made under Section 4. Rule 34 exempts packages with net quantity of ten grams or ten millilitres or less, requires declaration for 10-20 g/ml packages, and exempts fast food packages by restaurants, formulations under the Drugs (Price Control) Order, 1995, and agricultural produce in packages above fifty kilograms.
September 9, 2010
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Service tax on software affirmed as within central legislative competence, applicability depends on the nature of each transaction.
Parliament has legislative competence to tax software services under its residuary power; whether software is 'goods' depends on attributes like utility, capability of being bought and sold, and transferability, and many transactions governed by end-user licences transfer only a right to use while copyright is retained by the developer. Customised software and downloadable access without physical media may not constitute goods. The characterisation of any transaction as sale or service depends on its specific terms and must be assessed individually when tax demands are raised.
September 3, 2010
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Service tax liability prompts demand cum show cause notice to public developer over unpaid leases and club services; response required, penalties possible.
A central revenue authority issued a demand cum show cause notice to the Delhi Development Authority alleging nonpayment of service tax on lease of immovable property and club or association services since 2007, quantifying separate tax demands and inviting a response within thirty days, after which penal action may be taken; the notice targets income streams from land sales, rentals, membership and sports complex fees.
August 31, 2010
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Exemption limit for wealth tax increased, narrowing the tax base while retaining a one percent levy on net wealth.
The Direct Taxes Code Bill proposes to raise the exemption limit for wealth tax, retaining a 1 per cent levy on net wealth and limiting the tax to specified assets, with taxable net wealth defined as assets in excess of debts.
August 31, 2010
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Direct Taxes Code reforms alter income tax exemptions, capital gains treatment, and tax compliance thresholds for taxpayers.
The Direct Taxes Code bill consolidates personal tax exemptions, restores HRA treatment, revises employer retirement contributions and NPS treatment, removes taxation of notional annual value for self occupied house property while permitting actual rent and specified interest deductions, treats remission of liabilities and carbon credit receipts as business income, increases weighted deduction for in house R&D, adjusts capital gains rules for equity holdings including short term scaling and retention of long term exemption, raises tax audit thresholds, revises MAT and DDT rates, and increases the wealth tax threshold with a set rate on excess.
August 31, 2010
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Direct Taxes Code tax tables compare individual tax liabilities under existing Act and proposed Code, showing projected taxpayer savings.
Comparison of the proposed Direct Taxes Code and the existing Act by income tier showing, for individuals (other than women and senior citizens) and HUFs, women residents below 65, and senior citizens 65 or over: income level, tax under the Act, tax under the Code (excluding education cesses), and the computed tax savings, enabling direct numeric comparison of liabilities across regimes.
August 31, 2010
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TDS reform: category-based withholding rates introduced with new TDS on mutual fund and life-insurer payouts, subject to thresholds.
Proposed TDS rates under a consolidated code set category-based withholding for resident deductees: salary at average annual tax rate; most contracts and services at 2% (with road goods carriage exempt if PAN furnished); routine receipts such as interest, dividends, commissions, professional fees, royalties and compensation at 10%; machinery rent at 2% and land/building rent at 10%; gambling and race winnings at 30%. New TDS introduced on mutual fund distributions and non-tax-exempt life-insurer payments with lower rates for individuals/HUFs and a small-payment threshold exemption.
August 16, 2010
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Social security focus: consolidate flagship programmes and strengthen food safety, agricultural support, and civic campaigns.
The Prime Minister directed administrative focus to consolidating and fine tuning existing flagship programmes, prioritising a social security framework, food safety measures, and assured agricultural support via minimum support prices, while addressing inflation through executive action. He urged engagement with alienated groups, linked improved bilateral relations to counter terrorism action, promoted a nationwide Clean India campaign, and called for restrained public discourse, signaling managerial reform and implementation priorities for agencies overseeing rural development, public health, and internal security outreach.
August 16, 2010
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Foreign direct investment cap in telecom clarified; owned-and-controlled test narrows indirect FDI attribution enabling more investment.
The regulatory framework sets a composite FDI cap of 74% in the telecom sector; a February 2009 methodological change excludes minority foreign holdings in investing companies from a licensee's composite FDI where those investing companies are owned and controlled by resident Indians, replacing an earlier proportionate attribution approach and thereby reducing reported composite foreign holdings in some licensees and creating headroom for further foreign investment.
August 12, 2010
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Cost inflation index: annual updates adjust capital gains cost bases through statutory notifications for tax purposes.
The Cost Inflation Index (CII) is notified annually by the tax administration and amended each year to provide the indexation factor used in adjusting acquisition costs for tax purposes; the most recent amendment announced the CII for the financial year 2010-2011 as "711".
August 10, 2010
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Excise duty on tobacco: collections increased and levy applies to manufacturers not growers, with no subsidy proposal.
Excise duty collections on tobacco products increased, with separate receipts reported for chewing tobacco and for other tobacco products and an aggregated higher total in the later year. The statement clarifies that excise duty is a tax on manufacture and tobacco growers are not liable to the levy, and that there is no proposal to extend cash subsidies to growers for input or labour costs.
July 30, 2010
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PAN card issuance timelines require service providers to meet prescribed turnaround times; backlog persists due to defective applications.
Service providers must issue PAN cards within stipulated turnaround times-fifteen calendar days for fresh applicants and twenty calendar days for reprint/correction-excluding time attributable to the department or applicant; reported weighted average processing time is lower. A substantial backlog of long-pending applications exists, largely attributable to defective applications where applicants were notified but failed to provide satisfactory clarifications.
July 26, 2010
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Valuation of housewife services: apply structured notional income and multiplier method for compensation assessment.
The Motor Vehicles Act's structured formula under Section 163A and the Second Schedule prescribes age-linked multipliers and a notional-income rule for non-earning persons; tribunals must ascertain age and income, deduct personal living expenses, and apply the multiplier method. Gratuitous services of a housewife/mother merit a broad valuation distinct from paid domestic labour; where no regular income exists, clause (6) of the Second Schedule provides a reasonable notional income to compute annual dependency, subject to standardised additions for future prospects and deductions for personal expenses.
July 26, 2010
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Valuation of homemaker work must inform compensation frameworks to recognise unpaid household labour and remedy gender bias.
The Motor Vehicles Act's structured formula, notably Clause 6 of the Second Schedule, imputes homemakers' income as one-third of an earning spouse's income, a categorisation criticised as irrational for ignoring the economic value of unpaid household production. Census and administrative classifications that label household duties as "non-workers" further entrench gender bias. Courts, tribunals, and the legislature are urged to adopt gender-sensitive valuation methods-replacement cost, partnership, and opportunity-cost approaches-and amend statutory compensation and related laws to ensure homemakers' work is properly assessed in compensation and property regimes.
July 26, 2010
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Fiscal consolidation urged to reduce the fiscal deficit under the finance commission roadmap; consensus sought on draft tax code.
Extensive stakeholder consultation on the Draft Tax Code has addressed many concerns while further political consensus, and a constitutional amendment, are required for GST implementation with assured central compensation to States; concurrently the Finance Minister called for fiscal consolidation per the Finance Commission roadmap and emphasized tackling inflation through economic measures and improved public distribution.
July 23, 2010
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GST implementation to unify indirect taxes, simplify compliance and enable cooperative fiscal federalism.
The government proposes a new Direct Tax Code to create a simpler, broad based direct tax regime that lowers rates, incorporates time tested practices, improves compliance and reduces litigation. Parallelly, a nationwide GST is proposed to replace multiple Centre State indirect taxes, harmonise exemptions and thresholds, and pursue phased rate unification. Implementation depends on a pre existing IT infrastructure and coordinated Centre State governance; stakeholder consultation and a TAGUP led roadmap are central to preparing administrative and technical parameters for roll out.

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