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      TaxTMI Updates e-Newsletter
      Mar 28,2012

      Contents
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      1 Highlights Toggle
      3 Articles Toggle
      By: DEVKUMAR KOTHARI
      Summary: Unnecessary litigation by revenue authorities, exemplified by procedural failures in a recurring exemption dispute, reflects gross negligence and avoidable public expenditure. Multiple appeals and special leave petitions were pursued for the same taxpayer while a final adjudicatory order was not placed before the higher forum, indicating systemic practice rather than inadvertence. The author contends that administrative accountability and deterrent cost sanctions are required to curb such litigation, prevent loss to the exchequer, and avert brain drain of professional expertise.
      By: AMIT BAJAJ ADVOCATE
      Summary: Amendment to Rule 2A provides a lump sum valuation method for works contract service when actual service value cannot be determined: taxable service is assessed as fixed proportions of the total contract amount based on the nature of the work, with a reduced proportion where the gross amount includes land for certain specified services. "Original works" and "total amount" are defined; value of goods supplied free is included using fair market value if not ascertainable. Excise duty on goods transferred in execution of the contract is excluded from CENVAT credit.
      By: CSSwati Rawat
      Summary: Increase in the service tax rate and revision of composition and Cenvat reversal rates; introduction of a Negative List approach with a statutory definition of service and new Place of Provision rules replacing existing export and inbound service rules; extensions and changes to Point of Taxation, audit, show cause notice timelines and appeal periods; partial reverse charge allocations for specific services; and amendments to Cenvat Credit Rules expanding allowable credits, simplifying export refund procedures, and refining input service distribution.
      15 News Toggle
      Summary: An initiative by four Public Sector General Insurance Companies established the Preferred Provider Network to enable insured persons to access cashless hospital treatment and to promote optimal utilization of insured sums. The PPN's operative mechanisms focus on rationalizing hospital empanelment and standardizing rates for specified procedures to contain costs and create predictable billing terms between insurers and participating hospitals.
      Summary: Public sector general insurance companies do not levy service tax on cashless hospitalization claims. Hospitals had charged service tax on such cashless hospitalization under the Finance Act, 2010, and insurers reimbursed those amounts for admitted claims subject to the sum insured limit. The service tax on cashless payments was withdrawn by Government Notification No.30/2011, effective from 1 May 2011, eliminating the tax on cashless hospitalization transactions.
      Summary: Training institutes seeking accreditation must register either as a company under the Companies Act or as a society/trust; new applicants must comply with this formal registration requirement, and existing accredited agents' training institutes were given a limited period from issuance of the guideline to regularise their legal status.
      Summary: The Government will notify interest rates for small savings schemes annually before each financial year and has fixed revised scheme-specific rates to take effect from 1 April 2012 for savings deposits, term deposits of various tenors, recurring deposits, senior citizen schemes, monthly income scheme, national savings certificates and public provident fund; notifications and any rule amendments necessary to implement the revisions will be issued separately.
      Summary: Insurers may continue issuing paper policies; where electronic policies are issued, they must be at the option of the policyholder and held through a licensed insurance repository, and such electronic policies shall be treated as valid insurance contracts. Repositories aim to enable electronic storage and prompt, accurate policy maintenance to improve efficiency, transparency and reduce costs.
      Summary: A Memorandum of Understanding between the Government and SPMCIL sets a sales target and incorporates DPE-recommended performance parameters emphasizing profitability, market and product diversification, resource optimization, and project implementation. The MoU adds new evaluation criteria for Research and Development, Sustainable Development, Corporate Social Responsibility, Corporate Governance and Human Resources Management, and records commitments on customer satisfaction, innovative practices, international tender participation, and environment and safety standards, aligning the Miniratna company's operational, R&D and CSR activities with its annual performance framework.
      Summary: SPMCIL achieved debt-free status by repaying in four equal annual installments the interest-free working capital loan of Rs. 700 crores provided by the Government of India, with the final installment paid on 23 March 2012, thereby extinguishing that government loan liability.
      Summary: The Companies Bill proposes broadening the foreign company definition to include entities incorporated outside India that have a place of business in India, either physically or through electronic mode, or that conduct business activity in India by any other means, thereby bringing online commercial operations within statutory regulation and subjecting them to specified disclosure and compliance obligations under the Bill.
      Summary: Statutory registration is required to perform audit and assurance services: no CA firm, domestic or foreign, may operate in audit/assurance without registration with the professional regulator; foreign or multinational firms may provide services only through Indian audit firms or registered members, and disciplinary measures (including removal from the register and fines) have been imposed in a recent enforcement action.
      Summary: A ministry-established committee will develop a phased implementation roadmap for XBRL filings, covering identification of company classes and reports, taxonomy development, rules for extensions and assurance, stakeholder training, and a framework for consumption and dissemination of XBRL data. The Ministry published the terms and solicited public comments on taxonomy elements, development approaches, technical handling of extensions and rendering, phase-wise coverage for filings, and data dissemination; these suggestions have been shared with the committee for possible inclusion in the implementation roadmap.
      Summary: The India-U.S. partnership is advanced by renewing the Commercial Dialogue for two years to catalyse exchange of ideas and private sector consultation, promote national manufacturing objectives and technology collaboration including National Investment and Manufacturing Zones, and launch thematic dialogues on sustainable manufacturing and standards cooperation to stimulate trade and investment across infrastructure, clean energy, agriculture supply chains and other priority sectors.
      Summary: De-notification of SEZs has been approved subject to refund of any duty benefits availed; reasons cited include economic downturn, poor demand, labour shortages and tax burdens. Overall 587 SEZs received formal approval, 380 were notified and 154 were exporting. Approval validity requires implementation within three years; extension requests are considered by the Board of Approval case-by-case with Development Commissioner recommendations. SEZ rules and procedures are periodically reviewed based on stakeholder inputs.
      Summary: The Department of Commerce, via APEDA, provides financial assistance to eligible registered exporters, conducts trade delegations and Buyer Seller Meets, and maintains the Basmati Development Fund to promote basmati rice exports; there is currently no proposal to abolish the minimum export price, and supplied export volumes to Iraq indicate a rising trend.
      Summary: The Directorate of Trade Remedy Measures was proposed to support Indian industry and exporters, especially MSMEs, by using WTO consistent trade remedy instruments to ensure a level playing field; its functions include anti dumping and anti subsidy/CVD investigations, anti circumvention measures, litigation support before tribunals and courts, and stakeholder workshops and seminars.
      Summary: The document reports annual quantity and value trends for fresh vegetable and fruit exports and describes export promotion through APEDA financial assistance and Ministry of Commerce schemes (including Market Development Assistance, Market Assistance Initiatives, ASIDE, Vishesh Krishi and Gram Upaj Yojana, Focus Product/Market Schemes and Town of Export Excellence), supplemented by trade delegations, buyer-seller meets, and investments in post harvest infrastructure and quality management to expand market access and stabilize export performance.
      1 Notifications Toggle

      Customs

      1.
      Corrigendum - dated - 23-3-2012 - Cus
      4th Corrigendum of notification number 21/2002-customs.
      Summary: Corrigendum to Notification No. 12/2012 Customs amends the Annexure by replacing the reference in Condition No. 21 from "73" to "75" and revising Condition No. 22 from "75 or 76" to "76 or 77", correcting internal condition identifiers.
      3 Circulars Toggle

      Income Tax

      1.
      01/FT&TR/2012 - dated 31-1-2012
      Section 144C of the Income-tax Act, 1961 - Dispute Resolution Panel (DRP) - Reference to - Constitution of DRP at specified places.
      Summary: The Board, exercising powers under section 144C of the Income-tax Act, constitutes Dispute Resolution Panels at specified places, each comprising three Commissioners/Directors of Income-tax, who shall perform DRP duties in addition to their regular functions; the order supersedes earlier orders and is effective immediately until further order with the Chairman's approval.

      Customs

      2.
      09/2012 - dated 23-3-2012
      Applicability of exemption under Sr. No. 4 of the Notification 4 / 2006 - CE dated 1/3/2006 on import of Ore Concentrates - regarding.
      Summary: The exemption under Serial Number 4 of Notification No. 4/2006 CE applies only to imported ores and not to imported concentrates. Chapter Note 4 to Chapter 26 distinguishes ores and concentrates as separate products, and concentrates are treated as manufactured products for central excise purposes; consequently, concentrates do not qualify for the additional duty exemption under Section 3 of the Customs Tariff Act even if classified under the same tariff heading as ores.
      3.
      F. No.450/24/2012-Cus.IV - dated 14-3-2012
      ‘Handling of Cargo in Customs Areas Regulations, 2009’ - regarding.
      Summary: The Board directs that under the Handling of Cargo in Customs Areas Regulations, 2009 CCSPs must provide sufficient custody and storage for detained imported and export goods after de-stuffing so empty containers can be returned, and shall not charge rent or demurrage on detained goods; containers detained or seized under the Customs Act may be considered for provisional release on furnishing bond and bank guarantee, and investigative wings must finalise investigations promptly, with Commissionerates issuing standing orders to implement these measures.

      Topics

      ActsIncome Tax