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      TaxTMI Updates e-Newsletter
      Jan 07,2012

      Contents
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      17 Highlights Toggle
      1 Articles Toggle
      By: DEVKUMAR KOTHARI
      Summary: A concise legal glossary defines foundational Latin maxims, contractual doctrines, property notions and procedural/evidentiary terms. It explains argumentum a fortiori, ab initio, and accord and satisfaction; distinguishes act of God for causation; and sets out transactional terms like ad hoc, ad idem, and ad valorem. The glossary also defines adverse possession, affidavit, alibi, amicus curiae, allocatur, intent doctrines, and former-trial pleas for practitioner use.
      5 News Toggle
      Summary: The Department established a central repository and had assessing officers upload outstanding demands to the CPC portal; taxpayers were sent informational communications about arrears to enable verification and correction, with chief commissioners directed to amend incorrect entries when approached. Very small demands are not enforced but remain liable for adjustment against future refunds, and the outreach is intended as an assessee-friendly transparency measure, not a demand notice.
      Summary: The Government launched a pilot Credit Enhancement Scheme administered by IIFCL, using partial credit guarantees (in association with an international partner) to uplift infrastructure bond ratings and make them eligible for insurance companies and pension funds. MoUs among IIFCL, LIC, seven public sector banks, and HUDCO create a single-window financing mechanism to accelerate financial closure, address bank asset-liability and exposure constraints, free bank capital, and channel long-term funds into infrastructure while reducing developers' financing costs.
      Summary: IIFCL has launched a pilot Credit Enhancement product, developed with the Asian Development Bank, to attract insurance companies, pension funds and other long term investors into infrastructure bonds, thereby developing the infrastructure bond market, addressing long term debt shortfalls, releasing bank credit for new projects and mitigating asset liability mismatches for financial institutions.
      Summary: Parties should diversify bilateral economic relations beyond petroleum into non-oil trade, services, joint ventures and investment. The Joint Working Group on Hydrocarbons should pursue bilateral and third-country Exploration & Production and downstream projects, leveraging Indian upstream and downstream expertise. A Memorandum of Understanding on Labour and Employment is proposed for the large expatriate workforce, and priority is assigned to establishing an India-Saudi Arabia Investment Fund to support India's infrastructure requirements. Joint Committees and sub-committee co-chairs must regularly interact and submit joint six-monthly progress reports to the JCM co-chairs.
      Summary: Primary Articles index rose 0.1 percent to 197.6 with an annual point to point inflation of 0.10 percent; Food Articles declined 0.2 percent while Non Food Articles increased 0.6 percent due to higher prices in oilseeds, fibres and raw jute. Fuel & Power index was unchanged at 172.7 with an annual inflation rate of 14.60 percent. Annexures provide build up, year on year, 52 week averages and six week trends for key sub groups and commodities.
      2 Circulars Toggle

      FEMA

      1.
      64 - dated 5-1-2012
      External Commercial Borrowings (ECB).
      Summary: Revision to External Commercial Borrowings (ECB) norms increases the automatic route ceiling per borrower per financial year and prescribes minimum average maturities: a lower tranche with a three-year minimum and larger tranches with a five-year minimum. Previously specified separate maturity, prepayment and call/put requirements for an earlier incremental limit are withdrawn. Foreign Currency Convertible Bonds (FCCBs) may be raised within the automatic route ceiling for permissible end-uses; refinancing of existing FCCBs will be reckoned within that ceiling. Other ECB policy elements and reporting arrangements remain unchanged.

      Customs

      2.
      01/2012 - dated 5-1-2012
      Refund of 4% Additional Duty of Customs (4% CVD) in terms of Notification No. 102/2007-Customs dated 14.09.2001-regarding.
      Summary: The Board authorises Statutory Auditors, Cost Accountants and Chartered Accountants to issue the requisite certificate, on preliminary scrutiny, correlating payment of sales tax/VAT with sale invoices and certifying that the importer has not passed the additional customs duty burden to any other person; Para 4.1(d) and Para 6 of Circular No.18/2010-Customs are modified accordingly.

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      ActsIncome Tax