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Home e-Newsletters Index Year 2012 January Day 3 - Tuesday

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TMI Tax Updates - e-Newsletter
January 3, 2012

Case Laws in this Newsletter:

Income Tax Service Tax Central Excise



Articles

1. Article on depreciation dichotomy between Accounting Standard and Tax laws on financial lease

   By: NIDHI JAIN

Summary: The article addresses the disparity between accounting standards and tax laws concerning financial leases, focusing on depreciation allowances. While accounting standards like AS 19 require capitalization of leased assets by lessees, tax laws have not fully recognized financial leases, creating uncertainty. The Direct Taxes Code (DTC) attempts to define financial leases, shifting depreciation claims to lessees, but its definition is flawed. The article discusses the theory of "form vs. substance," emphasizing the need for clear tax laws to benefit the leasing industry. It reviews relevant legal cases, highlighting ongoing challenges in aligning tax and accounting treatments for financial leases.


News

1. Tariff Values of Edible Oils, Brass Scrap (all Grades) and Poppy Seeds Notified

Summary: The Central Board of Excise and Customs (CBEC) under India's Ministry of Finance has issued a notification detailing the tariff values for various commodities, including edible oils, brass scrap, and poppy seeds. The tariff values for crude palm oil, RBD palm oil, other palm oils, crude palmolein, RBD palmolein, other palmolein, and crude soybean oil remain unchanged. The tariff value for brass scrap is set at $3,993 per metric tonne, and for poppy seeds, it is $1,970 per metric tonne. This notification was released on December 30, 2011.

2. India’s Foreign Trade: November, 2011

Summary: India's exports in November 2011 were valued at $22.32 billion, marking a 3.87% increase from November 2010. Cumulative exports from April to November 2011 reached $192.69 billion, showing a 33.21% growth. Imports in November 2011 were $35.92 billion, a 24.55% rise compared to the previous year, with cumulative imports for the same period at $309.53 billion, up 30.24%. Oil imports in November 2011 increased by 32.28%, while non-oil imports rose by 21.69%. The trade deficit for April-November 2011 was $116.84 billion, higher than the $93.00 billion deficit in the same period of the previous year.

3. Qualified Foreign Investors (QFIS) Allowed to Directly Invest in Indian Equity Market; Scheme to Help Increase the Depth of the Indian Market and in Combating Volatility Beside Increasing Foreign Inflows into the County

Summary: The Indian government has allowed Qualified Foreign Investors (QFIs) to directly invest in the Indian equity market to broaden the investor base, attract foreign funds, and reduce market volatility. Previously, only FIIs, sub-accounts, and NRIs could directly invest. This move follows the earlier decision allowing QFIs access to Indian Mutual Funds. QFIs must comply with FATF and IOSCO standards and invest through SEBI-registered Qualified Depository Participants. Individual and aggregate QFI investment limits are set at 5% and 10% of a company's paid-up capital, respectively. The scheme aims to deepen the Indian capital market and increase foreign inflows.

4. Press Note - I-T DEPT NOT HARASSING INDIA INC: FINMIN

Summary: The Finance Ministry clarified that the Income Tax Department is not harassing industries through indiscriminate raids. Searches and seizures are based on specific information about tax evasion, and the use of technology helps select cases for scrutiny. The number of search warrants and surveys has decreased compared to previous years. From April to October 2011, 2,190 search warrants were executed, a decline from 2,548 in the same period the previous year. The department emphasizes that only a small fraction of taxpayers face such actions, and the significant undeclared incomes detected justify these measures.


Notifications

Central Excise

1. 45/2011 - dated 30-12-2011 - CE

Amends Notification No.21 /2005-Central Excise, dated the 13th May, 2005 to affect the HSN changes w.e.f. 01.01.2012

Summary: The Government of India, through the Ministry of Finance's Department of Revenue, issued Notification No. 45/2011-Central Excise, amending Notification No. 21/2005-Central Excise dated 13th May 2005. This amendment, effective from 1st January 2012, updates the Harmonized System of Nomenclature (HSN) codes in the notification's table. Specifically, it changes the code "2403 10 10" to "2403 11 10" and "2403 10 90" to "2403 19 90." This action is taken under the authority of the Central Excise Act, 1944, and the Finance Act, 2001, in the public interest.

2. 44/2011 - dated 30-12-2011 - CE

Amends Notification No. 26/2001-Central Excise, dated the 11th May, 2001 to affect the HSN changes w.e.f. 01.01.2012

Summary: Notification No. 44/2011-Central Excise, issued by the Government of India, amends Notification No. 26/2001-Central Excise to incorporate changes in the Harmonized System of Nomenclature (HSN) effective from January 1, 2012. The amendments involve substituting entries in the notification's table, specifically changing the codes for certain items. This update is made under the authority of the Central Excise Act, 1944, and the Finance Act, 2001, as deemed necessary in the public interest. The notification was published on December 30, 2011, and will be enforced from the specified effective date.

3. 43 /2011 - dated 30-12-2011 - CE

Amends the various Notification to affect the HSN changes w.e.f. 01.01.2012

Summary: The Government of India, through the Ministry of Finance, issued Notification No. 43/2011-Central Excise on December 30, 2011, amending various Central Excise notifications to reflect changes in the Harmonized System of Nomenclature (HSN) effective January 1, 2012. The amendments involve updates to tariff entries in several notifications, including those from 1993, 1996, 2006, 2008, 2009, and 2011. The adjustments include substitutions and omissions of specific tariff items to align with the updated HSN codes. These changes are intended to ensure compliance and standardization in the classification of goods for excise purposes.

4. 42/2011 - dated 30-12-2011 - CE

Amends notification Nos. 62/1995-Central Excise, dated the 16th March, 1995 and 20/2005-Central Excise, dated the 13th May, 2005 to affect the HSN changes w.e.f. 01.01.2012

Summary: The Government of India, through the Ministry of Finance, has issued Notification No. 42/2011-Central Excise, amending previous notifications No. 62/1995 and No. 20/2005 to incorporate changes to the Harmonized System of Nomenclature (HSN) effective from January 1, 2012. The amendments involve substituting specific classification codes within the notifications to reflect updated HSN codes. These changes are made under the authority of the Central Excise Act, 1944, and the Additional Duties of Excise (Goods of Special Importance) Act, 1957, and are deemed necessary in the public interest.

5. 33/2011 - dated 30-12-2011 - CE (NT)

Appointment of Central Excise Officers in relation to service tax refunds arising out of Notification No. 52/2011-Service Tax, dated 30.12.2011

Summary: The Government of India, through the Ministry of Finance's Department of Revenue, issued Notification No. 33/2011 on December 30, 2011, appointing specific Customs Officers as Central Excise Officers. These appointments, made under the Central Excise Rules, 2002, and the Service Tax Rules, 1994, empower the designated officers to handle service tax refunds related to Notification No. 52/2011-Service Tax. The notification specifies equivalent ranks for Customs and Central Excise Officers, ranging from Commissioner to Inspector, and applies to the jurisdiction defined in Notification No. 15/2002-CUSTOMS (N.T.), as amended.

6. 32/2011 - dated 30-12-2011 - CE (NT)

Amends Central Excise Rules, 2002 - Provisions for filing of central excise return in case of Manufacturers of processed yarn, unprocessed fabrics and readymade garments modified.

Summary: The Central Government has amended the Central Excise Rules, 2002, specifically modifying the provisions for filing central excise returns by manufacturers of processed yarn, unprocessed fabrics, and readymade garments. The changes, effective from January 31, 2012, include the omission of the second proviso in Rule 12, sub-rule (1), and the substitution of wording in the third proviso. These amendments were made under the authority of Section 37 of the Central Excise Act, 1944, and are detailed in Notification No. 32/2011-Central Excise (N.T.), issued by the Ministry of Finance, Department of Revenue.

7. 31/2011 - dated 30-12-2011 - CE (NT)

Amends Notification No.16/2011-Central Excise (N.T.) - Manufacturers of processed yarn, unprocessed fabrics and readymade garments to file quarterly return in ER-3 for the period 1.10.2011 to 31.12.2011

Summary: The Government of India has issued Notification No. 31/2011-Central Excise (N.T.), amending Notification No. 16/2011-Central Excise (N.T.). This amendment requires manufacturers of processed yarn, unprocessed fabrics, and readymade garments to file a quarterly return in Form ER-3 for the period from October 1, 2011, to December 31, 2011. This directive is issued under the authority of the Central Excise Rules, 2002, and the CENVAT Credit Rules, 2004. The notification was published in the Gazette of India on December 30, 2011.

8. 30/2011 - dated 30-12-2011 - CE (NT)

Amends Notification No. 49/2008-Central Excise (N.T.), dated the 24th December, 2008 to affect the HSN changes w.e.f. 01.01.2012

Summary: The Government of India has issued Notification No. 30/2011-Central Excise (N.T), amending Notification No. 49/2008-Central Excise (N.T.) to incorporate changes in the Harmonized System of Nomenclature (HSN) effective from January 1, 2012. The amendments involve the omission of serial numbers 135, 136, and 137, and the addition of a new serial number 144, which pertains to all goods under code 9619. This notification is enacted under the authority of the Central Excise Act, 1944, and aims to align with public interest requirements.

Customs

9. 130/2011 - dated 30-12-2011 - Cus

Seeks to amend notification no. 119/2010-Customs, dated 19th November, 2010 so as to revoke anti dumping duty on subject goods originating in or exported from Saudi Arabia

Summary: The Government of India, through the Ministry of Finance, has issued Notification No. 130/2011-Customs, dated December 30, 2011, to amend Notification No. 119/2010-Customs. This amendment revokes the anti-dumping duty on certain goods imported from or originating in Saudi Arabia. The change involves omitting serial numbers 5 to 13 from the notification's table, effective from the date of publication in the Official Gazette. This action is taken under the authority of the Customs Tariff Act, 1975, specifically under section 9A.

10. 129/2011 - dated 30-12-2011 - Cus

Amends Notification No.27/2011-Customs, dated the 1st March, 2011

Summary: The Government of India, through the Ministry of Finance's Department of Revenue, issued Notification No. 129/2011-Customs, amending Notification No. 27/2011-Customs dated March 1, 2011. Exercising powers under the Customs Act, 1962, the Central Government deemed it necessary for public interest to omit specific entries in the original notification. Specifically, Serial Numbers 21 and 22, along with their related entries, have been removed from the table in the notification.

11. 120 /2011 - dated 30-12-2011 - Cus

Amends Notification No. 21/2002-Customs, dated the 1st March, 2002

Summary: The Government of India, through the Ministry of Finance, has issued Notification No. 120/2011-Customs, amending the earlier Notification No. 21/2002-Customs dated March 1, 2002. These amendments involve changes to specific entries in the notification's table, substituting new codes for existing ones against several serial numbers. The changes affect product codes related to various goods, including seafood, nuts, grains, and other commodities. This amendment will take effect from January 1, 2012. The notification is part of the government's exercise of powers under the Customs Act, 1962, to implement necessary public interest measures.

12. 119/ 2011 - dated 29-12-2011 - Cus

Amends Notification No. 69/2004-Customs, dated the 9th July, 2004

Summary: The Government of India, through the Ministry of Finance's Department of Revenue, issued Notification No. 119/2011-Customs on December 29, 2011, amending Notification No. 69/2004-Customs dated July 9, 2004. This amendment, effective January 1, 2012, changes the entry for S. No. 4 in the Table of the original notification to specify "Areca nut falling under subheading 0802 80." This modification is made under the authority of the Customs Act, 1962, and the Finance (No. 2) Act, 2004, in the public interest.

13. 118/ 2011 - dated 29-12-2011 - Cus

Amends Notification No. 20/2006-Customs, dated the 1st March, 2006

Summary: The Government of India, through the Ministry of Finance (Department of Revenue), has issued Notification No. 118/2011-Customs, amending Notification No. 20/2006-Customs dated March 1, 2006. Effective from January 1, 2012, the amendments involve changes in the tariff entries in the notification's table. Specifically, for serial number 47, the entry "0801" replaces the previous entry, and for serial number 53, the entries "1701 13 10, 1701 14 10" replace the previous entries. This amendment is enacted under the authority of section 25(1) of the Customs Act, 1962.

14. 117/2011 - dated 29-12-2011 - Cus

Amends Notification No 25/1999-Customs, dated 28th February, 1999, 22/2007-Customs, dated the 1st March, 2007 and 27/2011-Customs, dated the 1st March, 2011

Summary: The Government of India, through the Ministry of Finance, has issued Notification No. 117/2011-Customs, amending previous customs notifications to align with public interest. The amendments involve changes to specific tariff codes in notifications 25/1999-Customs, 22/2007-Customs, and 27/2011-Customs. These changes include substituting certain numerical codes in the respective tables for each notification. The amendments are set to take effect from January 1, 2012. The notification was published in the Gazette of India and is authorized by the Under Secretary to the Government of India.

15. F.No.437/22/2011-Cus. IV - dated 2-1-2012 - Cus (NT)

Appointment of Common Adjudicating Authority

Summary: The Government of India, through the Ministry of Finance's Central Board of Excise & Customs, has appointed the Commissioner of Customs (Export Promotion) at New Custom House, Mumbai, as the Common Adjudicating Authority for a specific case. This case involves a Show Cause Notice issued by the Directorate of Revenue Intelligence concerning M/s Shivam Overseas and others. This appointment is in accordance with Notification No. 15/2002-Customs (N.T.) and is intended for adjudication purposes under the Customs Act, 1962. The relevant authorities and departments have been duly informed of this assignment.

16. F.No.437/21/2011-Cus. IV - dated 2-1-2012 - Cus (NT)

Appointment of Common Adjudicating Authority

Summary: In accordance with Notification No. 15/2002-Customs (N.T.), the Central Board of Excise & Customs has appointed the Commissioner of Customs (Export Promotion) at New Custom House, Mumbai, as the Common Adjudicating Authority for the adjudication of the Show Cause Notice issued by the Directorate of Revenue Intelligence, Delhi. This notice, dated August 6, 2007, pertains to the case involving M/s Jagraon Exports and others. The assignment aims to facilitate the adjudication process under the Customs Act, 1962.

17. F.No.437/02/2011-Cus. IV - dated 2-1-2012 - Cus (NT)

Appointment of Common Adjudicating Authority

Summary: The Central Board of Excise & Customs has appointed the Commissioner of Customs (Preventive) in Jamnagar as the Common Adjudicating Authority for adjudicating a Show Cause Notice related to M/s Sanghi Industries Ltd. and others. This assignment follows Notification No. 15/2002-Customs (N.T.) and involves a notice dated 19.11.2010 and a corrigendum dated 03.01.2011 issued by the Directorate of Revenue Intelligence, Ahmedabad. The order is communicated to relevant customs and revenue intelligence officials for further action.

18. 89/2011 - dated 30-12-2011 - Cus (NT)

Amends Notification No. 36/2001-Customs(N.T) dated the 3rd August 2001 - fixation of tariff value

Summary: The Government of India, through the Ministry of Finance, has amended Notification No. 36/2001-Customs (N.T.) dated August 3, 2001, concerning the fixation of tariff values on specific goods. The amendment, effective December 30, 2011, retains existing tariff values for various palm oils and crude soybean oil, while setting new values for brass scrap at $3993 per metric tonne and poppy seeds at $1970 per metric tonne. This amendment is issued under the authority granted by the Customs Act, 1962, and is recorded as Notification No. 89/2011-Customs (N.T.).

SEZ

19. S.O. 2838(E) - dated 20-12-2011 - SEZ

SEZ Act Under Section 4 - Set up a sector specific Special Economic Zone for information technology and information technology enabled service at Village Gangaikondan, Taluka Tirunelveli, District Trunelveli in the State of Tamil Nadu;

Summary: The Ministry of Commerce and Industry has approved the expansion of a sector-specific Special Economic Zone (SEZ) for information technology and IT-enabled services in Gangaikondan, Tirunelveli, Tamil Nadu. Initially notified in 2009, the SEZ area was 40.480 hectares. Following a proposal by Electronics Corporation of Tamil Nadu Limited, an additional 76.893 hectares have been incorporated, increasing the total SEZ area to 117.373 hectares. The expansion includes specific survey numbers across the village of Gangaikondan. This notification was formalized on December 20, 2011, under the Special Economic Zones Act, 2005 and related rules.

VAT - Delhi

20. F.7(400)/Policy/VAT/2011/1006-1018 - dated 28-12-2011 - DVAT

Notification regarding e-payment for registered dealers and TAN holders

Summary: The notification mandates that all registered dealers and TAN holders under the Delhi Value Added Tax Act, 2004, must make payments of taxes, interest, penalties, or other dues exclusively through electronic payment methods starting from January 31, 2012. This is to be done via specified banks including HDFC Bank, AXIS Bank, State Bank of India, and others. A unique Challan Identification Number (CIN) will serve as proof of payment. Dealers must retain a signed and stamped copy of Part 'D' of the challan for their records. This notification supersedes a previous one from September 5, 2011.


Highlights / Catch Notes

    Customs

  • Customs Notification No. 89/2011 Amends Procedures Under Notification No. 36/2001-Customs(N.T) for Updated Regulations.

    Notifications : Amends Notification No. 36/2001-Customs(N.T) dated the 3rd August 2001 - Ntf. No. 89/2011 Dated: December 30, 2011

  • India Revokes Anti-Dumping Duties on Specific Goods from Saudi Arabia per Notification No. 130/2011, Amending 119/2010-Customs.

    Notifications : Seeks to amend notification no. 119/2010-Customs, dated 19th November, 2010 so as to revoke anti dumping duty on subject goods originating in or exported from Saudi Arabia - Ntf. No. 130/2011 Dated: December 30, 2011

  • Customs Notification 129/2011 Updates Duties and Procedures, Amends Notification 27/2011 for Compliance with Current Standards.

    Notifications : Amends Notification No.27/2011-Customs, dated the 1st March, 2011 - Ntf. No. 129/2011 Dated: December 30, 2011

  • Customs Notification No. 120/2011 Amends 2002 Regulations: Key Changes for Stakeholders in Customs and Tax Sectors.

    Notifications : Amends Notification No. 21/2002-Customs, dated the 1st March, 2002 - Ntf. No. 120 /2011 Dated: December 30, 2011

  • Amendment to 2004 Customs Notification Updates Compliance Provisions for Latest Tax and Customs Regulations.

    Notifications : Amends Notification No. 69/2004-Customs, dated the 9th July, 2004 - Ntf. No. 119/ 2011 Dated: December 29, 2011

  • Amendment Updates 2006 Customs Notification to Align with Current Duties and Procedures for Streamlined Operations.

    Notifications : Amends Notification No. 20/2006-Customs, dated the 1st March, 2006 - Ntf. No. 118/ 2011 Dated: December 29, 2011

  • Amendment to Customs Notifications: Updates to Import Duties and Compliance in Notification No. 117/2011.

    Notifications : Amends Notification No 25/1999-Customs, dated 28th February, 1999, 22/2007-Customs, dated the 1st March, 2007 and 27/2011-Customs, dated the 1st March, 2011 - Ntf. No. 117/2011 Dated: December 29, 2011

  • Customs Notifications Amended: Changes to 25/1999, 22/2007, and 27/2011 via 117/2011 Effective December 29, 2011.

    Notifications : Amends Notification No 25/1999-Customs, dated 28th February, 1999, 22/2007-Customs, dated the 1st March, 2007 and 27/2011-Customs, dated the 1st March, 2011 - Ntf. No. 117/2011 Dated: December 29, 2011

  • SEZ

  • New IT SEZ Established in Gangaikondan, Tamil Nadu u/s 4 of SEZ Act, Notification S.O. 2838(E.

    Notifications : SEZ Act Under Section 4 - Set up a sector specific Special Economic Zone for information technology and information technology enabled service at Village Gangaikondan, Taluka Tirunelveli, District Trunelveli in the State of Tamil Nadu; - Ntf. No. S.O. 2838(E) Dated: December 20, 2011

  • Central Excise

  • Central Excise Officers appointed for service tax refunds under Notification No. 52/2011-Service Tax, December 30, 2011.

    Notifications : Appointment of Central Excise Officers in relation to service tax refunds arising out of Notification No. 52/2011-Service Tax, dated 30.12.2011 - Ntf. No. 33/2011 Dated: December 30, 2011

  • Central Excise Rules Amended: Notification No. 32/2011 Updates Tax Framework for Improved Compliance and Streamlined Processes.

    Notifications : Amends Central Excise Rules, 2002 - Ntf. No. 32/2011 Dated: December 30, 2011

  • Central Excise Notification No. 49/2008 Amended for HSN Changes Effective January 1, 2012.

    Notifications : Amends Notification No. 49/2008-Central Excise (N.T.), dated the 24th December, 2008 to affect the HSN changes w.e.f. 01.01.2012

  • Central Excise Notification No. 30/2011 Amends Tax Provisions, Impacting Compliance and Procedures for Entities.

    Notifications : Amends Notification No. 49/2008-Central Excise (N.T.), dated the 24th December, 2008 - Ntf. No. 30/2011 Dated: December 30, 2011

  • Amendment to Central Excise Regulations: Notification No. 45/2011 Updates Notification No. 21/2005-Central Excise.

    Notifications : Amends Notification No. 21/2005-Central Excise, dated the 13th May, 2005 - Ntf. No. 45/2011 Dated: December 30, 2011

  • Amendment to Central Excise Notification No. 26/2001 Updates Duties and Procedures Reflecting Current Policy Objectives.

    Notifications : Amends Notifiication No. 26/2001-Central Excise, dated the 11th May, 2001 - Ntf. No. 44/2011 Dated: December 30, 2011

  • Central Excise Notification No. 43/2011 Amended: Streamlining Tax Procedures and Compliance for Improved Regulatory Alignment.

    Notifications : Amendment in the Various Notification - Ntf. No. 43 /2011 Dated: December 30, 2011

  • Central Excise Updates: Amendments to Notifications 62/1995 & 20/2005 for Revised HSN Codes Effective January 1, 2012.

    Notifications : Amends notification Nos. 62/1995-Central Excise, dated the 16th March, 1995 and 20/2005-Central Excise, dated the 13th May, 2005 to affect the HSN changes w.e.f. 01.01.2012

  • VAT

  • Banks Authorized to Process Electronic VAT and Sales Tax Payments to Streamline Tax Collection and Enhance Efficiency.

    Notifications : Banks Authorized for e-payment - Ntf. No. .F.7(400)/policy/VAT/2011/641-654 Dated: September 5, 2011

  • Electronic Tax Payments Mandated for Registered Dealers and TAN Holders to Boost Compliance Under VAT and Sales Tax -Payments.

    Notifications : Notification regarding e-payment for registered dealers and TAN holders - Ntf. No. F.7(400)/Policy/VAT/2011/1006-1018 Dated: December 28, 2011


Case Laws:

  • Income Tax

  • 2011 (12) TMI 126
  • 2011 (12) TMI 125
  • 2011 (12) TMI 124
  • Service Tax

  • 2011 (12) TMI 121
  • 2011 (12) TMI 120
  • Central Excise

  • 2011 (12) TMI 119
 

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