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    News
    All› Customs, DGFT & SEZ › Customs, DGFT & SEZ - 2008
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    December 31, 2008
    Tariff value of edible oils, brass scrap and Poppy seeds notified
    Show AI Summary
    Tariff values for edible oils, brass scrap and poppy seeds notified as customs valuation benchmarks for imports.
    CBEC notification dated December 31, 2008 fixes per-metric-tonne tariff values for specified edible oils (noting most edible-oil values unchanged), brass scrap (all grades) and poppy seeds, to be used as benchmark values for customs valuation and import duty assessment for the listed tariff items.
    December 22, 2008
    Recently some changes have been effected for the refund provisions under Not 41/ 2007 dated06.10.2007.
    Show AI Summary
    Export refund period extended and refund scope broadened to include mandated testing, C&F, and commission agent services.
    Extension of refund claim period to six months from the quarter-end and an expanded refund scope: testing and analysis services mandated by domestic law may obtain refunds without buyer agreements; clearing and forwarding agent services related to exports are covered; refunds apply to goods exported under drawback; and the benefit for services by commission agents located outside India has been increased. Changes implemented via notifications and a circular amending Notification No. 41/2007-ST.
    December 16, 2008
    Indirect Tax Collection for November 2008
    Show AI Summary
    Indirect tax revenue collection shows mixed monthly performance with notable year to date growth in service tax.
    Provisional collections show month wise and year to date movements in indirect tax receipts: November 2008 Customs and Central Excise figures produced a month on month decline in combined receipts but a positive cumulative growth, with Central Excise data excluding cess not administered by the Department of Revenue. Service Tax provisional collections for October 2008 recorded both a significant monthly increase and strong year to date growth relative to the prior year.
    December 15, 2008
    Tariff Value of Edible Oils, Brass Scrap and Poppy Seeds notified
    Show AI Summary
    Tariff values for edible oils, brass scrap and poppy seeds notified; most edible oils remain unchanged under customs valuation notice.
    Notification No.131/2008-Customs (N.T.) notifies tariff values in US dollars per metric tonne for specified imports-enumerating unit values for various edible oils, brass scrap (all grades) and poppy seeds-and states that the listed edible oil values are unchanged, providing the administrative pricing schedule for customs valuation and duty assessment.
    December 13, 2008
    Exporters can now get their service tax refunds much faster thanks to simpler norms
    Show AI Summary
    Service tax refund procedures expedited: streamlined claims, wider exporter eligibility, and compliance checks to speed refunds.
    CBEC has directed field officers to pay validated service tax refund claims for services used in export within 30 days. Exporters not registered with central excise may file a refund claim with the excise authority having jurisdiction over their factory, which will issue a service tax code to facilitate refund processing. Independent random checks are required for compliance verification and significant refunds may be subject to post-refund audit.
    December 11, 2008
    Whether Rent-a-cab service used for bringing employees to work in the factory for manufacture goods is eligible Input Service for the purpose of Cenvat Credit.
    Show AI Summary
    Input service eligibility: employee rent a cab for factory transport qualifies as supportive service for Cenvat credit.
    The inclusive definition of Input Service embraces services used "in relation to" manufacture and a wide range of business activities that promote efficiency; employee transportation by rent a cab, as an indirect support to production and a business-promoting facility, qualifies as an input service eligible for Cenvat Credit.
    December 10, 2008
    Cenvat Credit on Input Service - Whether CHA service in relation to export of goods eligible for credit as "Up to the Place of Removal"
    Show AI Summary
    Cenvat credit on CHA services: services up to the place of removal qualify as input service credit.
    Where sales are on FOB/CIF basis, the place of removal is the load port, and the definition of input service includes services rendered for outward transportation up to the place of removal and services used for clearance of final products; accordingly CHA services facilitating clearance to the load port fall within input services and are eligible for Cenvat credit, with reliance placed on an administrative circular interpreting input service scope.
    December 10, 2008
    Govt mulls 4% uniform luxury tax, abolition of service tax
    Show AI Summary
    Uniform luxury tax proposed to harmonise hotel levies and reduce tour package taxation, improving tourism competitiveness.
    The government is weighing fiscal measures to boost tourism: abolish the service tax on tour packages, seek a uniform luxury tax across states, reduce development charges for expanding hotel capacity, and shift certain taxes to apply on actual negotiated tariffs rather than published rates. These measures aim to lower the layered tax burden-service tax, luxury tax and fringe benefit tax-embedded in room and package prices, restore competitiveness after demand shocks, and will require Centre-state consultation because luxury tax is a state subject.
    December 7, 2008
    Government Announces Measures for stimulating the Economy
    Show AI Summary
    Fiscal stimulus expands public expenditure and tax relief to sustain credit flow and support exports and MSMEs.
    The Government announced monetary measures to ensure bank liquidity and credit supply via reduced reserve requirements, lower policy rates, SLR flexibility and liberalised external borrowings, together with fiscal stimulus through increased plan expenditure authorisation, a temporary across the board 4% cut in ad valorem Cenvat for most products, targeted export supports including interest subvention and enhanced refunds and guarantees, housing refinance facilities and bank packages for home loans, expanded MSME refinance and credit guarantee provisions, and IIFCL authorisation to raise tax free bonds for infrastructure refinancing.
    December 7, 2008
    Revision of Excise and Customs Duty Rates and Service Tax Refund to exporters
    Show AI Summary
    Tariff reductions and export tax adjustments expand duty cuts and refund eligibility for exporters and power inputs.
    Revision reduces primary ad valorem excise rates and lowers composite/ad hoc specific excise components for specified goods; exempts imported naphtha for power generation from basic customs duty temporarily and withdraws or reduces export duties on iron ore; expands service tax refund to include clearing and forwarding services, raises the threshold for foreign commission agent service refunds, and permits simultaneous drawback and service tax refund claims. All amendments are effected by notifications and are effective immediately.
    November 27, 2008
    Levy of service tax on production of alcoholic beverages on job work basis
    Show AI Summary
    Manufacture exclusion: activities amounting to manufacture are outside service tax, non-manufacture processes remain taxable.
    Activities on job work producing alcoholic beverages are excluded from Business Auxiliary Service tax if they amount to manufacture as defined in central excise law; processes subject to state excise are also excluded when they meet the manufacture test. Processes not amounting to manufacture under section 2(f) remain taxable under service tax. The term manufacture is imported from the Central Excise Act for determining exclusion, without importing the wider excise duty regime.
    November 26, 2008
    32 FDI Proposals approved
    Show AI Summary
    Foreign direct investment approvals expand sectoral inbound equity, permitting conversions to holding companies, WOS formation and downstream investments.
    Foreign direct investment approvals authorise inbound equity infusions, establishment of wholly owned subsidiaries, issuance of equity and compulsorily convertible instruments, share transfers and swaps, and conversion of operating companies into operating cum holding companies to enable downstream investments across multiple sectors; several proposals were deferred, a few rejected, and two withdrawn.
    November 19, 2008
    Import of sensitive items during April-September 2008
    Show AI Summary
    Import of sensitive items: values up but share of total imports down, driven by refined edible oil growth.
    Total imports of sensitive items rose year-on-year for the April-September period, yet their share of gross imports declined; commodity-level movements were mixed, with falls in milk products and food grains and increases in edible oil, automobiles, fruits and vegetables, cotton and silk, SSI products, rubber, spices, alcoholic beverages, marble and granite, and tea and coffee. Edible oil imports saw a fall in crude volumes and a marked rise in refined imports, notably refined bleached deodorised palmolein, and country-level import flows showed increases from several Asian, European and African partners while imports from some South American and North American origins decreased.
    November 18, 2008
    Revision of customs duties on certain items
    Show AI Summary
    Customs duty revision: withdrawal of import exemptions leading to imposition of tariffs on iron, steel and crude soybean imports.
    Revision removes full exemptions and imposes basic customs duties: specified iron and steel items now attract a basic customs duty of 5% ad valorem, and crude soyabean oil now attracts a basic customs duty of 20% ad valorem; refined soyabean oil duty remains unchanged. The changes aim to protect domestic producers in light of falling international commodity prices and have been notified by the government with an effective date set in the notification.
    November 11, 2008
    Indirect Tax Collection for October 2008
    Show AI Summary
    Indirect tax collections show mixed results: customs and excise contrast with rising service tax year on year growth.
    Provisional indirect tax revenue collections report Customs and Central Excise receipts for October 2008 with month and year to date comparisons showing mixed month and cumulative performance and specified percentage growth rates; Service Tax collections for September 2008 are reported separately and show positive month and cumulative growth. The excise figures are noted as exclusive of cess not administered by the Department of Revenue.
    November 10, 2008
    Imported Scrap and waste for recycling and reuse
    Show AI Summary
    Hazardous waste import rules: imports allowed only for recycling and reuse subject to regulatory consent and permits.
    Import and export of hazardous wastes is permitted only for reuse and recycling under the Hazardous Wastes (Management and Handling) Rules, 1989 as amended in 2003; trans boundary movement requires consent of competent authorities and importers/exporters must obtain permissions from Pollution Control Boards/Committees and the Ministry. Certain imports are restricted while others (copper, zinc and non halogenated plastic scrap) are allowed for secondary manufacture; waste paper imports are subject to limits, no organic contamination and customs verification to ensure permissible contaminants are recycled environmentally soundly.
    November 1, 2008
    Changes in duties rates including ATF
    Show AI Summary
    Export duty changes alter export and customs treatment for iron ores, steel products and aviation fuel pricing.
    Modifications to export and customs duties effective 31.10.2008: export duty withdrawn on specified iron and steel products while scrap retains its duty; ad valorem export duty on iron ore fines replaced by a specific export duty of Rs.200 per metric tonne and duty on iron ore lumps remains unchanged; basic customs duty on Aviation Turbine Fuel abolished; full exemption for ferro molybdenum and ferro vanadium withdrawn and these items will attract basic customs duty at the newly stated rate.
    October 30, 2008
    Whether service tax paid on GTA service in relation to Export of goods from factory premises to port is eligible for Cenvat Credit?
    Show AI Summary
    Place of removal determines cenvat credit eligibility for GTA services in FOB/CIF export movements to the load port.
    Whether cenvat credit for service tax on GTA services used to move goods from factory to port turns on the place of removal under the Cenvat Credit Rules, 2004; the tribunal held that for FOB/CIF exports the place of removal is the load port, bringing GTA services up to that point within credit availability.
    October 30, 2008
    Duty free tariff preference scheme
    Show AI Summary
    Duty free tariff preference: preferential market access granted to eligible least developed countries subject to origin documentation.
    The Duty Free Tariff Preference Scheme grants duty free access on the majority of India's tariff lines to eligible Least Developed Countries, covering tariff lines representing the bulk of LDC exports and including specified commodities and manufactures. Eligibility requires each beneficiary LDC to submit a Letter of Intent and to furnish a Certificate of Origin with consignments; implementation proceeds via Customs notifications, with several LDCs having submitted intent and certain notifications already issued.
    October 22, 2008
    India's export to dollar dominated countries
    Show AI Summary
    Export diversification: government strategy broadens market access through focus-country programmes and trade agreements.
    India's trade policy advances export diversification via a focus-product and focus-country approach promoting Brand India, supported by region-specific programmes for Latin America, Africa and the CIS, business-to-business promotion, international exhibitions, economic diplomacy, and trade instruments such as bilateral forums, joint commissions, Comprehensive Economic Cooperation Agreements, and regional and preferential trade arrangements to expand market access and reduce reliance on dollar-dominated markets.

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      Customs, DGFT & SEZ

      32 FDI Proposals approved

      November 26, 2008

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      Based on the recommendations of Foreign Investment Promotion Board (FIPB) in its meeting held on 18th November, 2008, Finance Minister, Shri P. Chidambaram has approved 32 Proposals of Foreign Direct Investment amounting to Rs. 845.70 Crore approximately.  The proposals relate to Ministries/Departments, namely, Commerce, Economic Affairs, Information & Broadcasting, Mines, Road Transport & Highways, Telecommunication, Industrial Policy & Promotion, Power, Urban Development, and Shipping. 

      Details of proposals approved are as follows:

      Sl. No.

      Name of the applicant

      Particulars of the proposal

      FDI/NRI inflows (Rs. In Crore)

      COMMERCE

      1

      M/s A.Y.N. Accessories Trading Ltd., (2) M/s BODO Jagdberg Hong Kong Ltd., Hong Kong

      Induction of FDI to undertake trading and export of accessories of items sourced from small scale sector.

      0.50

      2

      M/s Allergan Inc. USA

      To set up a WoS to carry out B2B sale.  The proposal attracts Press Note 1 of 2005.

      0.51

      3

      Mr. Pawan Sukhdev

      Transfer of shares to NRI in Tea plantation sector.

      1.95

      ECONOMIC AFFAIRS

      4

      M/s Reid & Tailor (India) Ltd., Mumbai

      To allot and issue equity shares warrants.

      108.33

      5

      M/s IL&FS Waste Management & Urban Services Ltd., New Delhi

      To induct FDI in an Indian company having existing downstream ventures.

      5.33

      6

      M/s Oriental Structural Engineers Pvt. Ltd., New Delhi

      Transfer of shares to set up a holding company.

      450.00

      7

      M/s Oil India Ltd., Noida

      Conversion of operating company into an operating cum holding company and IPO issue.

      Not indicated

      8

      M/s Sequoia Capital India Investments III Mauritius

      Induction of FDI in holding cum operating company engaged in the Insurance sector and to allot Compulsorily Convertible Preference Shares.

      9.52

      9

      M/s True Developers Pvt. Ltd., Chennai

      Conversion of operating company into an operating cum holding company to make further downstream investment.

      No Fresh Inflow

      10

      M/s Trans Union International Inc. USA

      To purchase and acquire fully paid up equity shares to invest in Credit Information Companies.

      2.49

      11

      M/s A.L.L. Services Under 1 Roof (I) Pvt. Ltd., Mumbai

      Post Facto approval for conversion of operating company into an operating cum holding company to make further downstream investment.  The proposal also attracts Press Note 1 of 2005.

      No Fresh Inflow

      12

      M/s Morgan Stanley India Capital Pvt. Ltd., Mumbai

      Conversion of operating company into an operating cum holding company to make further downstream investment to carry out the primary dealership activities.

      No Fresh Inflow

      13

      M/s Amtech Software Pvt. Ltd., Delhi

      Conversion of operating company into an operating cum holding company to make further downstream investment.

      25.00

      14

      M/s ORG Informatics Ltd., Gurgaon

      Post Facto approval for issue of equity share warrants.

      7.19

      15

      M/s ADEA Technologies Pvt. Ltd., Secunderabad

      Transfer of shares by way of share swap.

      No Fresh Inflow

      16

      Dr. Oetker India Pvt. Ltd. Mumbai

      Conversion of operating company into an operating cum holding company to make further downstream investment.

      110.40

      INFORMATION & BROADCASTING

      17

      M/s Television Eighteen India Ltd.

      To Launch three new regional business news channels.

      No Fresh Inflow

      18

      M/s Connoisseur Publishing Pvt. Ltd., Bangalore

      To induct FDI up to 100% in print media sector.

      0.01

      19

      M/s Reed Elsevier Overseas B.V., Netherlands

      Induction of foreign equity by way of equity shares/ compulsory convertible preference shares/ compulsorily convertible debentures to undertake the additional activities of publishing of specialty magazines.

      0.05

      20

      M/s Hill & Knowlton, Singapore

      To set up a WoS.  The proposal attracts Press Note 1 of 2005.

      0.10

      MINES

      21

      M/s Laviosa Chimica Mineraria S.P.A. Italy

      To subscribe and hold equity shares of a company proposed to be incorporated pursuant to joint venture agreement.  The proposal attracts Press Note 1 of 2002.

      2.20

      ROADS TRANSPORT & HIGHWAYS

      22

      M/s Vijaywada Tollway Pvt. Ltd., Hyderabad

      Induction of foreign equity in a company.  The proposal attracts Press Note 1 of 2005.

      15.00

      INDUSTRIAL POLICY & PROMOTION

      23

      M/s. Cholamandalam DBS Finance Ltd.

      Post facto approval for allotment of warrants to existing non-resident shareholders.

      No Fresh Inflow

      INFORMATION & BROADCASTING

      24

      M/s. Vijay Television Pvt. Ltd.

      To make downstream investment in a company engaged in Up-linking a Non News current affair TV channels.

      No Fresh Inflow

      25

      M/s. Star India Pvt. Ltd.

      To undertake Uplinking and down linking of channels and transfer of shares to Non Resident shareholders.

      No Fresh Inflow

      ECONOMIC AFFAIRS

      26

      M/s.  Gallagher Mautitius Holdings, Mauritius

      Transfer of shares by way of share swap in IT sector.

      No Fresh Inflow

      27

      M/s . Pridhvi Asset Reconstruction and Securitization Company

      Issue of shares to NRIs.  The company is engaged in Asset Reconstruction and Securitisation activities.

      30.00

      INFORMATION & BROADCASTING

      28

      M/s.  Yellowfin Holdings Ltd., Mauritius

      To set up a WOS to carry out the activity of publishing printed magazines (not being newspapers and periodicals dealing with news and current affairs).

      0.01

      TELECOMMUNICATION

      29

      M/s. XCEL Telecom Pvt. Ltd.

      Transfer of shares from Non-Resident to another Non-Resident in the Telecom sector.

      No Fresh Inflow

      URBAN DEVELOPMENT

      30

      M/s.  Drillmec S.R.L. Spain

      To set up a WoS to carry out the renting of construction of demolition equipment.

      2.00

      INDUSTRIAL POLICY & PROMOTION

      31

      M/s. Federal Mogul Corp

      To set up a new WOS to undertake Manufacture, distribution and sale of sealing products and gaskets. Proposal attracts Press Note 1 (2005 series)

      74.87

      SHIPPING

      32

      M/s. CMA CGM Agencies Worldwide

      Post facto approval for conversion of operating company into an operating cum holding company to make further downstream investment

      0.24

      2.   The following 4 (Four) proposals have been deferred:

      Sl. No

      Name of the applicant

      Particulars of the proposal

      1

      M/s GSR Sugars Pvt. Ltd., Hyderabad

      To issue share option convertible into equity shares.

      2

      M/s Lokmat Newspapers Pvt. Ltd., Mumbai

      (i) Induction of FDI in a company engaged in Print Media, (ii) Conversion of operating company into an operating cum holding company to make further downstream investment, and (iii) allotment of additional shares pursuant to the Scheme of demerger of the publication business through a scheme of demerger to be approved by the Hon'ble Bombay High Court.

      3

      M/s Prithvi Prakashan Pvt. Ltd., Mumbai

      To invest by subscribing to fresh equity shares and by acquiring existing equity shares in the business of printers and publishers of newspapers, magazines and periodicals, journals books and works and FM Broadcasting.

      4

      M/s Dow Jones & Company Inc., USA

      To make a WoS to carry out the publishing of facsimile editions of newspapers.

      3.  The following 3 (Three) proposal has been rejected:

      Sl. No

      Name of the applicant

      Particulars of the proposal

      1

      M/s.  Nagarjuna Construction Co. Ltd.

      To make amendment in two clauses of the FC approval letter.

      2

      M/s . Inuit U.S. Holdings Inc. USA

      To acquire equity share capital through multiple stock market transactions.

      3

      M/s.  Delight Investments Pte Ltd., Singapore

      Induction of foreign equity in two Indian companies and to convert their status from operating company into operating -cum-holding company  for making further downstream investments

      4. The following 2 (Two) proposals have been withdrawn from the Agenda.

      Sl. No

      Name of the applicant

      1

      M/s. Ansal Properties & Infrastructure Ltd., New Delhi

      2

      M/s.  Jaipur Mahua Tollway Pvt. Ltd., Rajasthan

       

      BSC/SS/HN/DN-305

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