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September 13, 2012
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Industrial production constraints: government intensifies engagement with industry to find practical solutions amid mixed sectoral performance.
Central Government is intensifying engagement with industry to address constraints impeding industrial production and pursue practical solutions. Quick estimates of the Index of Industrial Production show weak, mixed performance: only a minority of industry groups reported growth and the marginal overall rise is insufficient to signal a sustained turnaround, with gains in manufacturing and capital goods but slippages in electricity and consumer goods.
September 13, 2012
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Advance Pricing Agreement secures advance determination of arm's length price, providing tax certainty and reducing transfer pricing disputes.
The APA framework allows a taxpayer and the tax administration to agree in advance on the arm's length price or its method of determination for international transactions, for up to five years, through unilateral, bilateral or multilateral APAs; it requires pre filing consultation, formal application with prescribed fees to specified authorities, and coordination with foreign competent authorities for bilateral/multilateral requests, and includes provisions for annual compliance reporting and for cancellation or revision of APAs.
September 11, 2012
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Foreign direct investment approvals impose post induction obligations to maintain NLEM production and R&D levels and disclose technology transfers.
Government approved 21 foreign direct investment proposals across multiple sectors, with eight brownfield pharmaceutical approvals conditioned on maintaining, for five years post-induction, the highest annual quantitative production level of National List of Essential Medicines drugs and the highest annual Research & Development expenditure recorded in the three years preceding induction, together with prescribed reporting to administrative ministries; disclosure of any transfer of technology to administrative ministries and the FIPB secretariat was also required.
September 11, 2012
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Net Direct Tax Collections rose year-on-year in the April-August period, with personal income tax up and STT down.
Net direct tax collections for the April-August period increased notably year-on-year, while gross direct tax receipts rose modestly; corporate tax receipts were essentially unchanged, personal income tax receipts increased materially, wealth tax receipts grew strongly, and securities transaction tax receipts declined.
September 11, 2012
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External debt indicators show rising vulnerabilities yet remain within manageable limits, driven by increased commercial and short term borrowing.
External vulnerability indicators show increased stress marked by widening current account deficits, depreciating currency, falling reserve cover, rising external debt and higher shares of short term and commercial borrowings, yet overall external indebtedness remains within manageable bounds as reflected in the external debt to GDP ratio and the debt service ratio, with long term debt still constituting the majority and government debt composing a declining share of total external debt.
September 7, 2012
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Mandatory e-payment of customs duty required for large importers and accredited clients; trade to adapt to electronic system.
Mandatory e-payment of customs duty is instituted for importers registered under the Accredited Clients Programme and for importers meeting a high-value threshold per Bill of Entry, converting a previously voluntary electronic payment facility into a compulsory mechanism. The measure aims to reduce transaction costs, expedite cargo release and ensure immediate, error reduced tax collection. Chief Commissioners of Customs are instructed to publicize the change and assist trade in adapting software and internal procedures to enable transition to mandatory electronic payment.
September 6, 2012
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Exchange rate notification for customs valuation establishes prescribed conversion rates for imports and exports, effective immediately.
Determination of exchange rates for conversion between specified foreign currencies and Indian rupees under section 14 of the Customs Act, effective from 7th September, 2012. The Central Board of Excise and Customs prescribes separate conversion rates for imported and export goods in two annexed schedules: Schedule I for one-unit rates of listed currencies and Schedule II for rates per one hundred units for the Japanese yen, replacing the prior notification except as to prior actions.
September 6, 2012
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Black money assessment to quantify offshore holdings and recommend policy measures following an interagency study.
Three central economic and finance research institutions were mandated to quantify offshore holdings of Indian residents and to recommend legal, administrative and fiscal measures to detect, deter and repatriate undisclosed foreign assets, with specified report submission schedules and an expected completion timeline confirmed by ministerial statement.
September 6, 2012
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Mutual administrative assistance in tax matters enables cross-border tax information exchange and cooperation in recovering taxes under international standards.
The Multilateral Convention on Mutual Administrative Assistance in Tax Matters obliges parties to exchange tax information, including banking information on specific request, and to assist each other in the collection of taxes under international standards, supporting verification of assets abroad and recovery of tax claims even where bilateral agreements are absent.
September 6, 2012
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GST IT integration platform enables a Special Purpose Vehicle to implement a shared taxpayer registration and uniform interface.
The Government approved creation of a Special Purpose Vehicle, Goods and Services Tax Network (GSTN SPV), to implement and sustain a national IT backbone that hosts a shared portal integrating Central and State indirect tax regimes, enabling capture, processing and exchange of information among taxpayers, governments, banks and the central bank, and supporting a national Unique and Shared Tax Payer registration database with uniform taxpayer interface.
September 6, 2012
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Differential interest rates on large term deposits permitted when disclosed in advance; banks urged to adopt transparent pricing.
Banks may offer differential interest rates on single-term deposits of Rs.15.00 lakh and above at their discretion, provided the interest rates payable are disclosed in advance to the depositor and are not subject to negotiation. RBI has required banks to adopt a Board-approved transparent policy on pricing of liabilities and to ensure minimal variation between rates on large single-term deposits and other term deposits; the Government has advised public sector banks to reduce high-cost deposits.
September 6, 2012
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Co-contributory pension scheme Swavalamban enables NPS accounts to receive government contributions for eligible low-saving workers.
Establishment of the Swalalamban co-contributory pension scheme providing Government contributions into New Pension System accounts for workers without formal pensions whose own annual NPS savings fall within a specified low-savings band. The Government funds a fixed annual contribution for eligible accounts for a prescribed five-year period for beneficiaries who register in the designated initial enrollment years, and the scheme's term has been administratively extended to cover subsequent specified years.
September 6, 2012
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Policy for overseas raw material acquisitions enables CPSEs to invest surplus funds under board-approved corporate plans.
A government policy from October 2011 creates a fast-track, coordinated decision-making framework enabling CPSEs to acquire raw material assets abroad to supply domestic manufacturing, while investment or utilisation of CPSE surplus funds for projects, expansion, joint ventures or subsidiaries remains a Board-level decision governed by each CPSE's corporate plan.
September 6, 2012
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Gross NPAs of nationalized banks reached Rs.73,038 crore (2.94%); recovery channels and supervisory measures urged.
Gross NPAs of nationalized banks were Rs.73,038 crore (2.94% of Gross Advances) as of June 2012. Banks must monitor NPAs and pursue recovery; the RBI supervises NPA levels via inspections, regulatory returns and meetings. Recovery channels include the Securitization and Reconstruction Act, Debt Recovery Tribunals and Lok Adalats. The Government directed Public Sector Banks to appoint nodal recovery officers, run special recovery drives, implement early warning systems and replace post dated cheques with electronic clearing.
September 5, 2012
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Exchange of information under DTAA: new overseas tax units to facilitate sharing while preserving treaty confidentiality.
Income tax Overseas Units (ITOUs) have been established in Mauritius and Singapore and additional ITOUs created for several other missions to facilitate and expedite exchange of information under the Double Taxation Avoidance Agreements; information received remains governed by the confidentiality clause of each DTAA. Posting orders for officers have been issued, with actual relief pending finalization of terms by the Ministry of External Affairs, and inter departmental consultations continue to examine the need for more such units.
September 5, 2012
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Algorithmic trading regulation: exchanges must implement risk controls and monitoring to manage order-to-trade ratios and dysfunctional algos.
Regulatory guidance requires exchanges and brokers to implement comprehensive risk management controls for algorithmic trading: exchanges must manage system load and consistent response times, apply economic disincentives for high order to trade ratios, identify and disable dysfunctional algos and remove their orders. Brokers may provide algorithmic trading only with prior exchange permission and must implement minimum controls-price, quantity, order value, cumulative open order value and automated execution checks-and maintain real time monitoring and undertakings confirming technical capability.
September 5, 2012
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Investment tracking implemented to monitor large projects, assigning designated agencies to oversee public and private sector implementation.
The Investment Tracking System mandates periodic monitoring of large projects meeting a prescribed investment threshold to identify and resolve systemic implementation issues; designated monitoring agencies track public and private sector projects respectively, and data is collected from promoters, industry associations and banks, with an initial reporting of 190 projects.
September 5, 2012
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Indirect tax revenue locked in litigation prompts statutory recovery, case consolidation, early hearings and active monitoring to expedite collection.
A substantial portion of Central indirect tax receipts is locked in litigation with departmental success rates across appellate fora remaining modest and variable. Administrative measures to expedite recovery include statutory legal action to collect arrears, consolidation of identical-issue cases, filing of early hearing requests, and continuous monitoring of recovery by the revenue board to convert disputed claims into collectible revenue.
September 5, 2012
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Customs and anti-smuggling enforcement: raids and seizure statistics alongside defined search-and-seizure scope for tax investigations.
The Directorate of Revenue Intelligence investigates offences under the Customs Act, 1962 and the NDPS Act, 1985, reporting yearly statistics for seizures, commercial frauds detected, investigations completed with SCNs, SCNs in outright smuggling, and duty recovered, with value figures applying to seizures and smuggling and duty figures to other categories. The Income Tax Department conducts search and seizure against a defined class of person to bring undisclosed income to tax and does not maintain person- or profession-wise case breakdowns; asset monitoring of officials is handled by their respective departments.
September 5, 2012
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Foreign investment policy expanded to ease market access and broaden avenues for inbound capital investment.
Increase in foreign companies in India has been accompanied by regulatory measures to encourage inbound capital: permitting foreign investment in Infrastructure Debt Funds; allowing authorised dealer banks to accept pledges of shares acquired under the FDI framework; granting general permission for certain share transfers in the financial sector when pricing guidelines are satisfied; increasing limits for institutional investment in government and corporate debt; rationalising lock in and maturity rules for infrastructure investment schemes; and permitting Qualified Foreign Investors to invest in corporate bonds within prescribed caps.

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