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    TMI Tax Updates e-Newsletter
    Apr 01,2015

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    Contents
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    13 Highlights / Catch Notes Toggle
    3 Articles Toggle
    By: Dr. Sanjiv Agarwal
    Summary : The article discusses changes in service tax exemptions effective April 1, 2015. It highlights new exemptions, such as those for services provided by effluent treatment plants, pre-conditioning of fruits, and admission to museums. It also expands existing exemptions, including ambulance services and life insurance under Varishtha Pension Bima Yojna. Certain exemptions, like those for construction services to the government and telecommunication services, have been withdrawn. Additionally, exemptions for transportation of goods are now limited to essential items like milk and grains. The exemption for commission agents outside India has been rescinded.
    By: CA Rohit Gupta
    Summary : The article analyzes significant 2015 Indian case laws concerning TDS under Section 195 and the taxability of foreign companies regarding income sourced in India. Key cases include Agence France Presse, where payments for news and photos were deemed royalties under the India-France DTAA. Shakti LPG Ltd. highlighted TDS obligations for machinery installation payments. New Holland Tractors addressed the timing of income taxability. AMD Research and Development Center's case involved reimbursement of expenses as fees for included services. Other cases discussed include issues of royalty, capital gains, and retainership charges, emphasizing the nuances of international tax law and DTAA provisions.
    By: CA Akash Phophalia
    Summary : A legal judgment involving a company engaged in manufacturing and selling coffee and tea vending machines, as well as supplying beverages to clients, determined that the company's activities fell under "outdoor catering service," thus subject to service tax. The agreement between the company and its client included terms for quality supply, maintenance of vending machines, and regular visits by the company to ensure service satisfaction. The judgment clarified that such agreements, where the service provider uses the client's premises and resources to deliver services, qualify as outdoor catering services and are taxable under the service tax regime.
    9 News Toggle
    Summary : India has signed loan agreements with the World Bank for a $500 million project aimed at supporting the growth of Micro, Small, and Medium Enterprises (MSMEs) through the Small Industries Development Bank of India (SIDBI). The initiative focuses on enhancing access to finance for MSMEs in the manufacturing and service sectors, promoting growth and job creation. The project will be implemented over five years and includes components such as early-stage and risk capital finance, service sector financing models, and manufacturing MSME finance. SIDBI will lead the project, benefiting from improved financial and institutional capacity.
    Summary : The deadline for filing a request for rollback in cases where an application for an Advance Pricing Agreement (APA) was submitted before March 31, 2015, has been extended. Applicants can now file the request in Form No. 3CEDA with proof of additional fee payment by June 30, 2015, or the date of entering into the agreement, whichever is earlier. This amendment addresses concerns that the initial deadline was too short, given that relevant rules were only notified on March 14, 2015. The formal notification regarding this extension will be issued soon.
    Summary : India's external debt at the end of December 2014 was $461.9 billion, an increase of $15.5 billion (3.5%) from the end of March 2014. The external debt to GDP ratio decreased slightly to 23.2% from 23.7%. The rise was primarily due to an increase in long-term debt, including commercial borrowings and NRI deposits, while short-term debt declined by 6.7%. Long-term debt comprised 81.5% of the total, and short-term debt made up 18.5%. The debt was predominantly in US dollars (58.7%), followed by Indian rupees, SDR, Japanese yen, and euros. Government debt accounted for 19.5% of the total.
    Summary : The Foreign Exchange Management Act (FEMA), 1999 outlines procedures for compounding contraventions, which involve voluntarily admitting a breach and seeking resolution. The Reserve Bank of India (RBI) can compound contraventions, except those under section 3(a), after offering a personal hearing. Applications can be made by individuals or entities aware of their contraventions. The process involves submitting a form and a fee, with the RBI assessing whether the contravention is technical, material, or sensitive. The compounding process, typically completed within 180 days, results in a penalty, and once compounded, no further proceedings can be initiated.
    Summary : The Reserve Bank of India introduced the Liberalised Remittance Scheme (LRS) in 2004, allowing resident individuals to remit up to USD 125,000 per financial year for permissible capital and current account transactions. This scheme includes investments in overseas shares, property, and foreign currency accounts without prior RBI approval. However, it prohibits remittances for certain activities, such as purchasing lottery tickets or trading in foreign exchange abroad. The scheme is additional to existing remittance facilities for travel, education, and medical treatment. Remittances can be consolidated for family members, and a PAN number is required for transactions.
    Summary : Foreign entities wishing to establish Liaison, Branch, or Project Offices in India must submit applications via Form FNC to the Reserve Bank of India (RBI) through an authorized bank. Approval routes depend on the business sector's FDI policy, with additional criteria such as financial track record and net worth considered. Liaison Offices can only conduct non-commercial activities, while Branch Offices can engage in certain business activities but not retail trading or manufacturing. Project Offices require specific project funding approvals. Entities from certain countries face additional restrictions. Compliance includes annual reporting and obtaining necessary tax documentation.
    Summary : Authorized Money Changers (AMCs) are entities authorized by the Reserve Bank of India under the Foreign Exchange Management Act, 1999, to deal in foreign exchange. AMCs include Authorised Dealer Category-I Banks, Authorised Dealers Category-II, and Full Fledged Money Changers (FFMCs). A valid license from the Reserve Bank is mandatory for operating as an AMC. The scheme aims to enhance foreign exchange access for residents and tourists. AMCs can appoint franchisees to facilitate restricted money changing activities. Franchisees must adhere to strict guidelines, including maintaining minimum net owned funds and complying with KYC/AML/CFT regulations.
    Summary : The Reserve Bank of India set the reference rate for the US Dollar at Rs. 62.5908 on March 31, 2015, down from Rs. 62.6305 the previous day. Consequently, the exchange rates for other currencies against the Rupee were adjusted: the Euro was Rs. 67.5104, the British Pound was Rs. 92.4591, and 100 Japanese Yen was Rs. 52.11. These rates are calculated using the US Dollar reference rate and cross-currency quotes. The Special Drawing Rights (SDR) to Rupee rate will also be determined based on this reference rate.
    Summary : The Government of India has approved a budgetary support of Rs. 1,500 crore for the development of Andhra Pradesh's new capital, as per the Andhra Pradesh Reorganization Act, 2014. This financial assistance includes Rs. 1,000 crore allocated for essential amenities and Rs. 500 crore specifically for constructing key government buildings, such as the Raj Bhavan, State Secretariat, State Assembly, and High Court. The Ministry of Finance has communicated this approval to the Ministry of Urban Development to facilitate the development process.
    8 Notifications Toggle

    Companies Law

    1.
    F. No. A-42011/112/2014-Ad.ll - dated - 24-3-2015 - Co. Law
    Appointment of RoCs as adjudicating officers with jurisdiction and their appellate authorities u/s 454 of CA 2013.
    Summary : The Government of India, through the Ministry of Corporate Affairs, has appointed Registrars of Companies (RoCs) as adjudicating officers under Section 454 of the Companies Act, 2013. This notification specifies the jurisdiction of each RoC across various states and union territories, including Delhi, Haryana, Punjab, Uttar Pradesh, West Bengal, Tamil Nadu, Kerala, Maharashtra, Gujarat, and others. Appeals related to these adjudications are to be filed with the respective Regional Director. The notification is effective immediately and aims to streamline the adjudication process under the Companies Act.

    Customs

    2.
    13/2015 - dated - 30-3-2015 - Cus
    Seeks to amend Notification No. 69/2011-Customs dated 29th July 2011 so as to notify the next tranche of tariff concessions under the India-Japan Comprehensive Economic Partnership Agreement (CEPA), w.e.f. 01st April 2015
    Summary : The Indian government has issued Notification No. 13/2015-Customs, dated March 30, 2015, to amend Notification No. 69/2011-Customs. This amendment introduces the next set of tariff concessions under the India-Japan Comprehensive Economic Partnership Agreement (CEPA), effective from April 1, 2015. The notification details specific tariff rates for various goods, categorized by chapters, headings, sub-headings, or tariff items, with rates ranging from 0% to 54.5%. This amendment aims to facilitate trade between India and Japan by reducing customs duties on a wide range of goods.

    Income Tax

    3.
    01/2015 - S.O. 812(E) - dated - 20-3-2015 - IT
    Formation of two additional benches of the Authority for Advance Rulings (Income Tax)
    Summary : The Central Government has announced the establishment of two additional benches for the Authority for Advance Rulings (Income Tax) under the powers granted by the Income Tax Act, 1961, the Finance Act, 1992, and the Finance (No. 2) Act, 2014. These new benches will be located in the National Capital Region (NCR) and Mumbai. The notification was issued by the Ministry of Finance, Department of Revenue, and will take effect from the date it is published in the Gazette of India (Extraordinary).
    4.
    33/2015 - dated - 6-1-2015 - IT
    U/s. 35AC, IT ACT, 1961 - Eligible Projects Or Schemes, Expenditure On –Visamo Kids Foundation, Ahmedabad
    Summary : The Government of India has extended the eligibility of the "Visamo Kids Foundation" project under Section 35AC of the Income-tax Act, 1961, for an additional three years, covering the financial years 2013-14 to 2015-16. The project's cost has been increased from 38.58 lakh to 1.97 crore. However, no tax exemption will be available for the financial year 2013-14 as it has already passed. This extension and cost amendment were recommended by the National Committee for Promotion of Social and Economic Welfare, confirming the project's proper execution.
    5.
    32/2015 - dated - 6-1-2015 - IT
    U/s. 35AC, IT ACT, 1961 - Eligible Projects Or Schemes, Expenditure On – Polio Foundation, Ahmedabad
    Summary : The Central Government has extended the eligibility of the project "Equipments and running of Polio Hospital at Ahmedabad, Gujarat," managed by a charitable trust, as an eligible project under Section 35AC of the Income-tax Act, 1961. Initially notified in 1996, the project has been repeatedly extended, with the latest extension covering the financial years 2014-15 to 2016-17. The project's estimated cost has been increased from Rs. 7.55 crore to Rs. 13.55 crore, following recommendations from the National Committee for Promotion of Social and Economic Welfare, due to the project's expected continuation beyond eighteen years.
    6.
    31/2015 - dated - 6-1-2015 - IT
    U/s. 35AC, IT ACT, 1961 - Eligible Projects Or Schemes, Expenditure On –Bhartiya Shaikshik Sansthan, Madhya Pradesh
    Summary : The Central Government has extended the eligibility of the "Income Generate programme for SC, ST & rural poor (BPL), women's and literacy awareness for rural dropout children and neo-literate women" conducted by an educational institution in Madhya Pradesh. Initially approved for three years ending in the 2012-13 financial year with an estimated cost of 1.96 crore, the project is now extended for an additional three years, covering 2013-14 to 2015-16. However, no tax exemption under Section 35AC will be available for the financial year 2013-14, as it has already lapsed.
    7.
    30/2015 - dated - 6-1-2015 - IT
    U/s. 35AC, IT ACT, 1961 - Eligible Projects Or Schemes, Expenditure On –Bhagwan Mahaveer Viklang Sahayata Samiti, Rajasthan
    Summary : The Central Government has extended the eligibility of a project by an organization in Rajasthan, which provides artificial limbs, rehabilitation aids, and support to disabled individuals, for another three years starting from the financial year 2014-15. Initially notified in 1999, the project has undergone several extensions and cost revisions. The estimated cost has been increased from 23.00 crore to 35.45 crore. The National Committee for the Promotion of Social and Economic Welfare recommended this extension, confirming the project's proper execution. The notification amends prior cost limits under Section 35AC of the Income-tax Act, 1961.
    8.
    29/2015 - dated - 6-1-2015 - IT
    U/s. 35AC, IT ACT, 1961 - Eligible Projects Or Schemes, Expenditure On –Ekta Shakti Foundation, New Delhi
    Summary : The Central Government has extended the eligibility of the project "Mid day meal semi automated kitchen and upgrading of kitchens" by Ekta Shakti Foundation, New Delhi, under Section 35AC of the Income-tax Act, 1961. Initially approved in 2011 for three years at an estimated cost of 11.68 crore, the project is now extended for an additional three years, covering financial years 2014-15 to 2016-17. This decision follows a recommendation from the National Committee for Promotion of Social and Economic Welfare, confirming the project's proper execution.
    3 Circulars / Instructions / Orders Toggle

    VAT - Delhi

    1.
    30/2014-15 - dated 31-3-2015
    Filing of reconciliation return for the year 2013-14
    Summary : The Government of the National Capital Territory of Delhi has issued a circular allowing dealers to file Form 9 for the fiscal year 2013-14 by June 30, 2015. This filing pertains to dealers who have conducted interstate sales at concessional rates using statutory forms such as 'C', 'F', 'H', or claimed deductions with forms E-I/E-II or I/J. Dealers not engaging in such transactions are exempt from filing the reconciliation return. The circular is disseminated to relevant officials and departments for implementation and uploaded on the department's website for public access.

    Income Tax

    2.
    F. No.279/Misc/54/2015-SO(ITJ) - dated 20-3-2015
    Responsibility of CIT to give assistance to Department Counsels-Instruction no 7/2011 reg.
    Summary : The circular from the Central Board of Direct Taxes emphasizes the responsibility of Commissioners of Income Tax (CIT) to assist Department Counsels effectively. It highlights a recent incident where inadequate support led to unfavorable remarks from the High Court. CITs must ensure prompt responses to counsel requests for instructions or clarifications and personally engage in complex or high-stakes cases. A scrutiny report should be provided to counsel for case preparation. Additionally, Chief Commissioners of Income Tax must establish High Court Cells to monitor case proceedings and communicate updates promptly. Non-compliance with these instructions will be viewed negatively.
    3.
    F.No.279/Misc/54/2015-SO(ITJ) - dated 20-3-2015
    Responsibility of Standing Counsel in Communicating Court’s Decision-reg.
    Summary : The circular from the Central Board of Direct Taxes highlights the responsibility of Standing Counsels in effectively communicating and following up on court decisions. It addresses an incident where a Standing Counsel failed to adequately follow up on a High Court's request for information, leading to written directions from the court. The circular emphasizes that Standing Counsels must actively obtain required information, comply with court directions, and keep the Chief Commissioner of Income Tax informed of case developments. It mandates that these responsibilities be communicated to all Standing Counsels for strict compliance and performance evaluation.

    Topics

    ActsIncome Tax