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    November 30, 2009
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    Tariff values notified for edible oils, brass scrap and poppy seeds, updating import valuation regime.
    Notification No.176/2009-Customs (N.T.) dated November 30, 2009 notifies tariff values for specified imported commodities for customs valuation, listing US dollar per metric tonne rates for various edible oils (noted as largely unchanged), Brass Scrap (all grades), and Poppy Seeds in the tabular schedule for use in import assessment.
    November 28, 2009
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    Export stabilization signals improved external demand; FDI inflows remain strong and industrial growth revival gains momentum.
    October 2009 exports showed a moderated decline of 6.6% year on year, with certain sectors sustaining growth and several previously depressed commodities recording positive month on month turnaround. Labour intensive and manufacturing categories exhibited reduced contraction rates, while software exports showed no decline. The release attributes improvement to government Budget and Foreign Trade Policy support measures. Concurrently, FDI inflows for April-September 2009 were comparable to the prior year period, international reports rank India as an attractive FDI location, and industrial production registered robust recovery in September 2009.
    November 25, 2009
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    Foreign Trade Policy promotes market diversification and fiscal incentives to reverse export decline and expand India's share in global trade.
    The Foreign Trade Policy establishes a framework to stabilise and reverse export decline and to expand the country's share in world trade by combining fiscal incentives, procedural rationalisation and enhanced market access to promote sectoral support and market diversification; early indicators cited a reduced rate of export decline attributed to the Policy and accompanying stimulus.
    November 17, 2009
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    Foreign direct investment approvals and deferrals across sectors, with high value proposals referred for higher level clearance.
    Seventeen FDI proposals were approved across sectors for equity issuances, warrants, joint ventures, expansions and scheme based allotments, with some approvals involving no fresh inflow and others subject to policy constraints such as Press Note 1 of 2005. Twelve proposals were deferred due to sectoral sensitivities including retail single brand, insurance, defence manufacturing, telecom share transfers and structural conversions. Five proposals were rejected for involving non cash consideration or impermissible issuance mechanisms; two proposals were noted as court sanctioned mergers/demergers, and two high value proposals were referred to the Cabinet Committee on Economic Affairs for clearance.
    November 11, 2009
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    Commencement of customs duty: duty takes effect on the notification date, not on policy publication.
    Commencement of a revised customs duty is governed by the date of issuance of the implementing notification rather than by the date of publication of a broader trade policy; until such notification is published the prior duty rate remains applicable.
    November 11, 2009
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    Tax revenue collections decline in aggregate, showing reduced year on year growth and varied Budget Estimate achievement.
    Provisional October 2009 collections present month and April-October receipts for Customs, Central Excise and Service Tax against prior-year figures and Budget Estimates, showing year-on-year declines in aggregate receipts, differences in percentage of BE achieved across heads, and noting that excise data exclude a cess not administered by the Department of Revenue.
    November 11, 2009
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    Import of sensitive items rose significantly, altering their share of total imports and shifting major source-country patterns.
    Import of sensitive items rose substantially in April-August 2009, increasing their share of total imports as gross imports fell; edible oils, pulses, fruits and vegetables, rubber, spices, marble and granite, tea and coffee, milk products and food grains showed increases while automobiles, cotton and silk, SSI products and alcoholic beverages declined. The edible oil surge was driven chiefly by higher imports of crude palm oil and its fractions, and source-country patterns shifted with increases from several countries and decreases from others.
    November 7, 2009
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    Export of services: tribunal pre-deposit upheld where performance, consumption, and remittance links to India raise triable issues.
    Whether receipt in convertible foreign exchange suffices as export of service for exemption from service tax turns on contractual performance, destination and consumption of services, and commercial activities in India. The tribunal imposed a conditional pre-deposit pending appeal, and the High Court declined to interfere, noting triable issues-mutual service obligations, Indian consumers as payors, and remittance routing-that require adjudication by the tribunal.
    November 7, 2009
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    Export of services: receipt in convertible foreign exchange insufficient to treat services as exported when benefits are consumed in India.
    The tribunal considered whether business auxiliary, marketing and support services supplied by an Indian subsidiary to foreign principals qualify as export of services under the Export of Services Rules, 2005. Although the Rules and Board guidance recognise recipient location and receipt in convertible foreign exchange as relevant, the tribunal concluded that where the ultimate benefit and consumption of the services occur in India the services are performed in India and do not meet the export criteria.
    October 28, 2009
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    Distribution of taxation power clarifies legislative competence and legal limits on taxation authority under the constitution.
    The constitutionally mandated distribution of taxing power allocates legislative competence among Parliament and State Legislatures via the Union, State and Concurrent Lists in the Seventh Schedule, with specific tax subjects assigned to each List. The principle that taxes may be levied only by authority of law imposes a legal prerequisite on tax imposition. Amendments changing fiscal allocations or the Lists require the constitutional amendment procedure with additional state ratification for specified categories.
    October 8, 2009
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    Import of sensitive items rose significantly, increasing their share of gross imports and driven by edible oil imports.
    Import of sensitive items rose by 34.5% in April-July 2009, increasing their share of gross imports from 2.7% to 4.7%. Automobiles, small-scale industry products and alcoholic beverages declined, whereas edible oil, pulses, fruits and vegetables, cotton and silk, rubber, spices, marble and granite, milk products, tea and coffee and food grains increased. Edible oil imports surged, driven mainly by higher crude palm oil and its fractions. Imports rose from suppliers such as Indonesia, Myanmar, the United States and Malaysia, and fell from China, Korea, Japan, Germany and the Czech Republic.
    September 23, 2009
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    Foreign direct investment approvals and regulatory regularisations announced, including ex post approvals, waivers, and deferred proposals.
    Government approved thirteen FIPB recommended proposals covering fresh foreign equity inductions, issuance of shares and warrants, ex post facto regularisations of prior foreign participation, issuance against non cash consideration and advances, and waivers or amendments of capitalisation and approval conditions. Eight proposals were deferred pending further inputs; two were rejected for seeking capitalisation relaxations and impermissible foreign fund investments; one conversion to an operating cum holding company for downstream investment was noted without fresh inflow.
    September 15, 2009
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    Tariff value notification for import commodities clarifies valuation basis for edible oils, brass scrap and poppy seeds.
    Notification sets tariff values in US dollars per metric tonne for specified imported goods-various edible oil categories (noting no change for several items), brass scrap (all grades), and poppy seeds-providing commodity-specific valuation benchmarks to be applied for customs assessment and import valuation purposes under the listed chapter headings and tariff items.
    September 8, 2009
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    Fiscal consolidation urged as CBEC must adopt innovative measures to address indirect tax revenue shortfall.
    The Finance Minister urged restoration of fiscal consolidation and directed CBEC to adopt innovative measures to address a pronounced decline in indirect tax receipts, while redefining Customs and Central Excise roles toward trade facilitation, expansion of Service Tax, reduction of dwell time, and enhanced use of IT and Risk Management Systems to improve compliance, curb smuggling, and prepare administratively for implementation of a dual GST.
    September 7, 2009
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    Foreign investment in micro and small enterprises permitted subject to sectoral caps and entry route conditions.
    FDI in micro and small enterprises is permitted subject only to sectoral equity caps, entry routes and relevant sectoral regulations following the MSMED Act; Press Note 18 (1997) is modified accordingly. Industrial undertakings that are not MSEs but manufacture items reserved for the MSE sector must obtain an Industrial Licence and undertake to export a significant share of new or additional annual production within a set period, and require prior government approval when foreign investment exceeds the automatic route threshold.
    September 3, 2009
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    Foreign direct investment approvals: cleared, deferred, rejected, withdrawn, and one referred for higher-level consideration in varied sectors.
    Eight foreign direct investment proposals were approved while seven were deferred, one rejected, one withdrawn, one advised to approach the sectoral regulator, and one recommended for higher level consideration; approved transactions included non cash consideration mechanisms (share allotments for machinery or pre incorporation expenses), share swaps, convertible warrants, and increases in foreign equity, and one matter was subject to a judicial direction to hear both parties before final communication of decision.
    September 2, 2009
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    Undervaluation of imports prompts seizure, valuation comparison and interim duty payment amid ongoing customs investigation.
    Undervaluation in import declarations of branded glassware by a Kolkata importer prompted search, seizure and document recovery showing routings through a Hong Kong trader and declared values substantially lower than those reported by the domestic distributor; seized stock and preliminary estimates indicated import duty evasion, the importer admitted undervaluation and paid an interim deposit while investigation continues.
    September 2, 2009
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    Prohibited export seizure of red sanders: containers intercepted, goods seized under customs law and suspect arrested for smuggling.
    DRI Kolkata intercepted two export containers declared as ductile iron castings but found stuffed with logs believed to be Red Sanders, seized under the Customs Act as a prohibited export under the Foreign Trade Policy. An individual apprehended admitted transporting and delivering the wood, was identified as a mastermind of a smuggling racket, arrested and remanded, and further investigation into the export facilitation network is ongoing.
    September 1, 2009
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    Tariff value notification sets import values for edible oils, brass scrap and poppy seeds affecting customs valuation.
    The Department of Revenue notified per metric tonne tariff values for specified commodities to guide import valuation: multiple edible oil categories (Crude Palm Oil; RBD Palm Oil; other Palm Oil; Crude Palmolein; RBD Palmolein; other Palmolein; Crude Soyabean Oil) are recorded as unchanged, while Brass Scrap (all grades) and Poppy Seeds have prescribed tariff values to be applied for customs assessment.
    August 12, 2009
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    SEZ approvals: formal and in-principle project sanctions plus delegation to Unit Approval Committee for default operations.
    The Board of Approval granted Formal Approvals for two SEZ projects and one In-Principle Approval for a Solar SEZ, approved nine co-developer statuses, decided to enlarge the list of default operations, and authorised the Unit Approval Committee to approve default operations, with a notification to be issued.

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      Customs, DGFT & SEZ

      Govt determined to revert to the path of fiscal consolidation at the earliest: FM

      September 8, 2009

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      EARLY GREEN SHOOTS OF ECONOMIC RECOVERY VISIBLE: FM

      FM EXHORTS CBEC TO ADOPT INNOVATIVE AND DYNAMIC WAYS TO MEET REVENUE SHORTFALL

      FM INAUGURATES ANNUAL CONFERENCE OF CHIEF COMMISSIONERS & DIRECTORS GENERAL OF CUSTOMS AND CENTRAL EXCISE

      Finance Minister Shri Pranab Mukherjee inaugurated the two-day Annual Conference of the Directors General/Chief Commissioners of Customs, Central Excise & Service Tax here today. Following is the text of Finance Minister's speech delivered on the occasion:

      "Minister of State for Finance, Sh S.S. Palanimanickam, Revenue Secretary, Chairman & Members of the Central Board of Excise and Customs, Ladies and gentlemen.

      I am very happy to be with you all on this important annual event. The conference is an occasion to take stock and to put the Department's collective wisdom to the task of improving the functioning and the image of the indirect tax set up under the Central Board of Excise and Customs.

      This Conference is being held at a crucial time. While we see a gradual thaw in the winter of economic crisis and the early green shoots of economic recovery, the situation is still far from normal. India's export to its major traditional markets in the developed economies has contracted in the last ten months. In order to combat the downturn in economy, the Government has announced a slew of measures, including reduction in indirect taxes, to put more money into the hands of the consumers. In this year's Budget, in tune with the Government's commitment towards inclusive growth, there have been larger financial outlays in social sectors like health, education and for improvement of rural and urban infrastructure. The deficient monsoon has raised a spectre of drought in large parts of India. The Government has to be prepared to take all ameliorative measures which will also have significant financial implications. The fiscal deficit is presently on the higher side and the Government is determined to revert to the path of fiscal consolidation at the earliest.

      In this sombre backdrop, I need not emphasize the crucial role of the officers of Central Board of Excise and Customs in shoring up our economy. I note with satisfaction that the tax base of the indirect taxes has grown steadily and as a share of GDP has gone up from 9.2 % in 2003-04 to 12.6 % in 2007-08. However, a matter of worry is that indirect tax receipts during 2009-10 (upto July 2009) have shown a negative growth of 28% as compared to the last year. No doubt, this trend reflects the overall slowdown of the economy and the effect of stimulus measures through reduction of Central Excise duty rate. But my expectation is that despite such limitations, the Central Board of Excise and Customs will adopt innovative and dynamic ways of meeting the revenue shortfall.

      As we rapidly integrate with the global economy, the role of Customs and Central Excise officers has to be redefined. They are as much facilitators of trade as tax collectors. CBEC's role is multi-faceted. It is one of the largest contributors to the central government revenues. While Central Excise continues to be the bulwark of indirect tax collection, Service tax is the new sunrise area for widening the tax base and improving revenue collection. The role of Customs as revenue generator has diminished, but its role in facilitation of international trade continues to grow. We need to focus on continuous reduction in dwell time and transaction cost for export and import so that the Indian industry gains an extra edge to compete in the world market. Further, it not only has to meet its traditional challenges of combating smuggling and commercial fraud, but has to respond to new challenges in areas as diverse as environment protection, transborder movement of goods having a bearing on national security and international negotiations in multilateral and bilateral fora.

      Needless to say, such a multidimensional professional demand requires a paradigm shift in the way the Department functions. In this regard, I am very glad to note the large-scale use of Information Technology in the Department's day-to-day functioning. Equally heartening to note is the use of modern gadgets like container scanners and baggage scanners at ports and airports to detect smuggling in a more non-intrusive and real time basis. All this not only reduces public interface but also provides more efficient and scientific basis for improving tax compliance and enforcement measures. I believe, the introduction of Risk Management System at main customs stations has considerably reduced dwell time of goods at ports and airports. In this regard, I congratulate the Department, and the officers of the Directorate General of Systems, for winning the Prime Minister's Award for Excellence in Public Administration for the year 2007-08 for 'Implementation of Risk Management System in Customs.'

      Notwithstanding the laudable achievements of the department, there is scope to do much more. The officers at all levels need to be sensitized to the fact that they are facilitators and not just regulators. The tax payers need to be treated with dignity and dealt with in a fair and transparent manner. To this end, I look forward to meaningful implementation of the key components of 'Sevottam', namely the Citizen's Charter and the Public Grievance Redressal Mechanism. It is also important to ensure that the ongoing programmes concerning use of Information Technology and acquisition of modern equipments are completed as per schedule. It is also my expectation that the Department will play its rightful role in enhancing border security to curb the menace of smuggling, particularly of Fake Indian Currency Notes. With better availability of data, I also hope that the senior officers of the Department will be able to monitor the performance of the field formations more effectively and also provide more qualitative inputs with regard to administrative and policy initiatives.

      As you are aware, I have announced in my Budget speech that we intend to introduce a dual GST- for Centre and State separately by 1st April, 2010. The contours of administering GST will be known to you soon. I am sure CBEC will be well prepared to meet the challenges arising out of introduction of GST. I expect the Chief Commissioners to rise to the occasion and ensure its smooth implementation.

      Equally important is the need to create a system of administration which is transparent, fair and conducive to realisation of the full potential of the officers at all levels. In order to improve professional efficiency, regular training of officers at every level needs to be given high priority. While corrupt elements should be dealt with sternly, the process of vigilance enquiry should not itself take the form of punishment. Such inquiries must be disposed of in a time bound manner. CBEC is one of the biggest litigants in the courts. Steps need to be taken to reverse this trend - this should start from the point of departmental adjudication and at every stage, emphasis should be on judicious decision making.

      I am confident that you will all rise up to the challenges ahead. I hope that you have fruitful deliberations over the next two days and at the end, your combined wisdom and experience will result in distilling out actionable points to improve the performance of the department on all its parameters. I wish you all the best."

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