TMI Tax Updates - e-Newsletter
October 10, 2015
Case Laws in this Newsletter:
TMI SMS
Articles
By: Dr. Sanjiv Agarwal
Summary: Section 73A of the Finance Act, 1994, mandates that any service tax collected in excess of the assessed or determined amount must be deposited with the Central Government. This provision applies only when excess tax is collected from the recipient, and it requires immediate payment to the government. The term "forthwith" is interpreted as requiring reasonable promptness. If excess tax is not paid, a show cause notice may be issued, and the amount determined must be paid. Refunds or adjustments are possible under specific conditions, and the section is not applicable if no excess collection occurs. Various legal cases have clarified the application of Section 73A, emphasizing its role in ensuring proper tax collection and deposit.
News
Summary: The Union Finance Minister attended the G-20 and G-24 Finance Ministers' meetings in Peru, emphasizing the need for unconventional resource mobilization to achieve the Sustainable Development Goals by 2030 amid global economic uncertainty. He highlighted India's financial inclusion initiatives, such as opening 180 million bank accounts linked to unique identities and launching Mudra Bank for micro and small enterprise loans. India is increasing public investment in infrastructure and aims for 175 gigawatts of renewable energy by 2022, alongside developing 100 smart cities. The Minister also supported international tax cooperation and discussed bilateral issues with global financial leaders.
Summary: The Reserve Bank of India announced the reference rate for the US Dollar at Rs. 64.7848 on October 9, 2015, down from Rs. 65.1570 on October 8, 2015. The exchange rates for other currencies against the Rupee on October 9, 2015, were as follows: 1 Euro at Rs. 73.0837, 1 British Pound at Rs. 99.5418, and 100 Japanese Yen at Rs. 53.96. The Special Drawing Rights (SDR) to Rupee rate will be determined based on this reference rate.
Summary: The 11th Asia Europe Meeting (ASEM) of Directors General/Commissioners of Customs concluded in Goa, with participation from 41 countries and two intergovernmental bodies, the European Union and ASEAN. The meeting resulted in the 'Goa Declaration' action plan for 2016-17, focusing on trade facilitation, supply chain security, and other customs-related areas. India promoted the Paperless Customs initiative, aligning with the Digital India campaign, and signed a Mutual Recognition Arrangement with Korea to enhance the Authorized Economic Operators scheme. The next ASEM meeting will be hosted by Germany in 2017.
Summary: The Ministry of Finance in India invited suggestions from industry and trade associations for the 2016-17 Union Budget, focusing on changes in direct and indirect taxes. Associations were asked to propose modifications to duty structures, rates, and tax bases, providing economic justifications supported by statistical data. They were also reminded of the previous budget's announcement to reduce corporate tax rates from 30% to 25% over four years while rationalizing tax exemptions. Proposals were to be submitted by October 25, 2015, with detailed information required for customs and central excise duty changes.
Summary: The Chairman of the Central Board of Excise and Customs (CBEC) emphasized the need for enhanced cooperation among international Customs and Tax Authorities to facilitate smooth cross-border trade. At the 11th Asia Europe Meeting (ASEM) in Goa, attended by representatives from 44 countries and two international organizations, the focus was on automation, single window clearance, and risk management. The event highlighted the importance of information sharing among Indian tax departments and the establishment of Customs Clearance Facilitation Committees. The discussion included historical ASEM initiatives and the ongoing need for digital integration to reduce transaction costs and promote paperless trade.
Summary: The National Pension System (NPS) and Atal Pension Yojana (APY) together have surpassed Rs. 1,00,275 crores in Assets Under Management (AUM), with over one crore subscribers as of October 2015. NPS, available to government and private sector employees, offers tax benefits and allows partial withdrawals after ten years. Recent policy changes include expanded investment options and extended contribution age limits. The APY provides a government-guaranteed pension, with co-contributions for eligible subscribers. The Pension Fund Regulatory and Development Authority (PFRDA) has implemented measures to enhance subscriber convenience and is anticipating further growth in the subscriber base by March 2016.
Notifications
DGFT
1.
24/2015-2020 - dated
9-10-2015
-
FTP
Amendment in Policy condition 1 of Chapter 88 of ITC(HS), 2012 - Schedule-1 (Import Policy).
Summary: The Government of India has amended Policy Condition 1 of Chapter 88 of the Import Policy under ITC (HS), 2012. The amendment, effective from 9 October 2015, updates the list of entities allowed to import aircraft and helicopters without an import license. The revised list includes Air India, Pawan Hans Limited, Airport Authority of India, Indira Gandhi Rashtriya Uran Academi, recognized flying clubs, and individuals permitted by the Director General of Civil Aviation for operating air transport services. This update reflects changes in the organizations authorized to import aircraft and helicopters.
Circulars / Instructions / Orders
VAT - Delhi
1.
No. F 3(556)/Policy/VAT/2015/Pt.File/660-66 - dated
9-10-2015
CORRIGENDEUM TO CIRCULAR No. 23 of 2015-16
Summary: Circular No. 23 of 2015-16, issued on September 10, 2015, by the Department of Trade and Taxes, Government of National Territory of Delhi, has been partially corrected. In sub-para (iii) of Para 3, the phrase 'who are paying tax u/s. 16 of the Act; and' should be amended to 'who are not paying tax u/s. 16 of the Act, and'. All other contents of the original circular remain unchanged.
Income Tax
2.
ITBA-PAN INSTRUCTION NO.1 - dated
30-9-2015
INCOME TAX BUSINESS APPLICATION - PAN MODULE
Summary: The circular announces the transition from the legacy AIS application to the new PAN module within the Income Tax Business Application (ITBA) environment, effective from October 2, 2015. It instructs field officers to complete pending tasks related to PAN transfers, restoration, and deletion by October 1, 2015. PAN service providers are directed to upload relevant files by the same date. The new ITBA-PAN module will automate processes such as PAN allotment, details update, deletion, restoration, and transfer. Users will access the module through the ITBA portal, with training materials available. The circular emphasizes the importance of resolving duplicate PAN issues and provides contact details for technical support.
Highlights / Catch Notes