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Tuesday, January 8, 2013

Banks suggest reintroduction of deduction u/s. 80CCF & increase in 194A TDS limit

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The Union Finance Minister Shri P .Chidambaram said that existence of efficient financial markets i.e. both banks and capital markets, is paramount for achieving economic growth. He said that without vibrant and viable financial market architecture, there cannot be any sustainable economic growth. The Finance Minister said that efficient intermediation by financial markets lead to higher economic growth by increasing savings and their optimal allocation for productive uses. Shri Chidambaram said that banks and other intermediaries including Non-Banking Financial Companies (NFBCs), Insurance and Pension Funds and Mutual Funds etc. are mechanisms to channel savings to investment. They have the capacity to promote economic growth as they allocate savings to those investments which have potential to yield higher returns, the Minister added. The Finance Minister Shri P.Chidambaram was making his opening remarks during his fourth pre-budget consultation meeting with representatives of banking and financial institutions here today. The Finance Minister further said that major steps have been taken to reform India’s regulatory framework to adopt best international practices. Reforms in equity markets lead the market development process. The Finance Minister said that results of the reforms taken by the Government are encouraging and the country is now one of the most vibrant and transparent markets in the world.
Along with the Finance Minister, both the Minister of State for Finance Shri S.S. Palanimanickam and Shri Namo Narain Meena, Adviser to the Finance Minister, Shri Parthasarthy Shome, Finance Secretary, Shri R.S. Gujral, Secretary, Financial Services & Disinvestment, Shri D.K. Mittal, Revenue Secretary, Shri Sumit Bose, Secretary, Department of Economic Affairs, Shri Arvind Mayaram, Chief Economic Adviser, Dr. Raghuram R. Rajan, and Chairperson, CBEC were present among others.
About 22 participants representing different Banking and Financial Institutions participated in the aforesaid meeting. The major participants included Dr. K.C. Chakraborty, Deputy Governor, Reserve Bank of India, Shri Pratip Chauduri, Chiarman,State Bank of India, Shri M. Narendra, CMD, Indian Overseas Bank, Shri K.R. Kamath, CMD, Punjab National Bank, Shri Arun Kaul, CMD, UCO Bank, Shri M.V. Tanksale, CMD, Central Bank of India, Shri R.M. Malla, CMD, IDBI, Shri Prakash Bakshi, Chairman,NABARD, Shri D.K. Mehrotra, Chairman, LIC, Shri G. Srinivasan, New India Insurance, Shri T.C.A. Ranganathan, E CMD, XIM Bank, Shri S.K. Goel, IIFCL, Ms. Chanda Kochhar,CEO, ICICI Bank, Shri R.V. Verma, CMD, National Housing Bank, Shri Sunil Kaushal, Standard Chartered Bank, Shri Uday Kotak, Kotak Mahindra Bank Ltd, Shri Atul Kumar Rai, IFCI, Ms Shikha Sharma, CEO, Axis Bank, Shri Rana Kapoor, YES Bank, Shri Raman Aggarwal, FIDC, Shri Deepak S. Parekh, IDFC and Shri D. Krishna, Urban Cooperative Banks.
The participants made various suggestions and recommendations for consideration of the Finance Minister for the forthcoming Union Budget 2013-14. These proposals and recommendations include extension of Agriculture Interest Subvention Scheme to Self Help Groups, interest amount for the purpose of TDS be increased from Rs. 10,000/- to Rs. 25,000/- on fixed term deposits with banks, tax exemption of Rs. 20,000/- under section 80CCF for investing in Infrastructure Tax Free Bonds be reintroduced, bringing more transparency in gold and real estate transactions at par with equity transactions, to bring housing sector within the definition of infrastructure and encouraging long term funds for investment in housing sector among others.
Other suggestions and proposals include to allow banks to issue tax free infrastructure bonds, treat Urban Cooperative Banks at par with those in rural areas, to exempt social security insurance schemes from service tax and tax concession on contribution to leave encashment as on group gratuity etc.
Beside above, some other suggestions were to include NBFCs and AFC (Asset Financing Companies) for promoting financial inclusion and grant them tax parity with banks by extending service tax benefits which are available to banks & public financing intuitions etc but not extended to NBFCs, giving exemption to NBFCs-AFCs from TDS under section 194A from the Income Tax Act and tax benefit for income deferral under section 43D and allowing depreciation @ 30-50 per cent for construction equipments among others.
Some other proposals include monetizing of the real estate assets of the railways and central government Ministries/Departments, inclusion of different subsidies in direct benefit transfer scheme, exemption from PAN for TDS in case of small investors in rural areas and boost to asset reconstruction companies among others.

Tuesday, December 18, 2012

Enlistment of agencies authorized to issue Certificate of Origin – Non-Preferential

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PUBLIC NOTICE NO. 37 (RE 2012)/2009-2014
NEW DELHI, DATED THE 17th DECEMBER, 2012
Subject: – Enlistment of agencies authorized to issue Certificate of Origin – Non-Preferential.
In exercise of powers conferred under paragraph 2.4 of the Foreign Trade Policy 2009-2014, the Director General of Foreign Trade hereby authorizes the following two agencies to issue Certificate of Origin – Non Preferential:
(i) Centre for Development of Stones (CDOS),
SP-8, Sitapura Industrial Area,
Phase (IV), Jaipur (Rajasthan)- 302022
Tel: + 91-141-5122609 begin_of_the_skype_highlighting + 91-141-5122609 FREE end_of_the_skype_highlighting , 5185054
Fax: + 91-141-5122610
E-mail: info@cdos-india.com
Website: www.cdos-india.com
(ii) All India Chamber of Commerce & Industries,
84/2, South Raja Street,
Tuticorin-628001
Tel: 0461-2324495 begin_of_the_skype_highlighting 0461-2324495 FREE end_of_the_skype_highlighting
Fax: 0461-2323395
E-mail: aicci82@gmail.com
2. Accordingly, names of the above agencies are added at Serial No. 5 (Rajasthan) and Serial No. 15 (Tamil Nadu) of Appendix 4C (List of Agencies Authorized to issue Certificate of Origin – Non-Preferential) of Handbook of Procedures Vol.I (Appendices & Aayat Niryat Forms), 2009-2014.
3. Effect of this Public Notice:
Two new agencies have been authorized for issuing Certificate of Origin-Non Preferential.

CENVAT Credit & Refund can be availed even without registration

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CESTAT, CHENNAI BENCH
Commissioner of Service Tax, Chennai
v.
Varizon Data Services (I) (P.) Ltd.
STAY ORDER NO. 369 OF 2012
FINAL ORDER NO. 517 OF 2012
ST/S/419/2011 & ST/654/2011
MAY 9, 2012
 
Insofar as requirement of registration with the department as a condition precedent for claiming Cenvat credit is concerned, learned counsel appearing for both parties were unable to point out any provision in the Cenvat Credit Rules which impose such restriction. In the absence of a statutory provision which prescribed that registration is mandatory and that if such a registration is not made the assessee is not entitled to the benefit of refund, the three authorities committed a serious error in rejecting the claim for refund on the ground which is not existence in law. Therefore, said finding recorded by the Tribunal as well as by the lower authorities cannot be sustained. Accordingly, it is set aside. 

Saturday, December 15, 2012

Non-CTS 2010 Standard cheques withdrawal time limit extended to to March 31, 2013

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RBI/2012-13/335
DPSS.CO.CHD.No.955/04.07.05/2012-13
December 14, 2012
Standardisation and Enhancement of Security Features in Cheque Forms-Migrating to CTS 2010 standards
A reference is invited to our circular DPSS.CO.CHD.No. 399/04.07.05/2012-13 dated September 3, 2012 advising all banks to arrange to issue only multi-city/payable at par CTS-2010 standard cheques not later than September 30, 2012 and to withdraw the non-CTS-2010 Standard cheques in circulation before December 31, 2012 by creating customer awareness. Further, banks holding post-dated EMI cheques (received either on their own behalf or on behalf of their NBFC clients) were advised to ensure the replacement of non-CTS-2010 Standard cheques with CTS-2010 standard cheques before December 31, 2012.
2. While most of the banks have confirmed that they are issuing only multi-city/payable at par CTS-2010 standard cheques at present, representations have been received from various stakeholders requesting for extension of the time beyond December 31, 2012 for withdrawal / replacement of non-CTS-2010 Standard cheques / post-dated EMI cheques with CTS-2010 standard cheques.
3. Taking into consideration these representations, it has been decided to extend the time up to March 31, 2013 for banks to ensure withdrawal of non-CTS 2010 Standard cheques and replace them with CTS-2010 Standard cheques. However, it may be noted that the residual non-CTS-2010 Standard cheques that get presented in the clearing system beyond this extended period will continue to be accepted for the clearing but will be cleared at less frequent intervals. The modalities, charges applicable if any, etc. are being discussed with stakeholders and a separate communication will follow in this regard.
4. The above instructions are issued under section 18 of the Payment and Settlement Systems Act 2007 (Act 51 of 2007).
5. Please acknowledge receipt and ensure withdrawal of non-CTS-2010 Standard cheques within the extended target date indicated above.

Bank should not levy penalty on conversion of one Term deposit in other

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RBI /2012-13/334
RPCD.RRB.BC.No.52/03.05.33/2012-13
December 14, 2012
All Regional Rural Banks
Dear Sir/Madam
Conversion of Term Deposits, Daily Deposits or Recurring Deposits for Reinvestment in Term Deposits by Regional Rural Banks
As per extant instructions on Interest Rates on Deposits, RRBs on request from the depositor, should allow closure of a term deposit, a deposit in the form of daily deposit or recurring deposit, to enable the depositor to immediately reinvest the amount lying in the aforesaid deposits with the same bank in another term deposit. RRBs are required to pay interest in respect of such term deposit without reducing the interest by way of penalty provided that deposit remains with the bank after reinvestment for a period longer than the remaining period of the original contract.
2. On a review of the extant regulatory norms, and in order to facilitate better Asset Liability Management (ALM), it has been decided to permit banks to formulate their own policies towards conversion of deposits with immediate effect.

Thursday, December 13, 2012

XBRL filing due date extended to 15th January 2013

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General Circular No: 39/2012 , Dated 12.12.2012
Sub: Filing of Balance Sheet and Profit and Loss Account in eXtensible Business Reporting Language (XBRL) mode for the financial year commencing on or after 01.04.2011.
Sir,
In continuation of the Ministry’s General Circular Nos: 16/2012 dated 06.07.2012 and 34/2012 dated 25.10.2012 on the subject cited above, it is stated that the time limit to file the financial statements in the XBRL mode without any additional fee/penalty has been extended up to 15th January 2013 or within 30 days from the date of AGM of the company, whichever is later.
2. All other terms and conditions of the General Circular No: 16/2012 dated 06.07.2012 will remain the same.

Wednesday, December 12, 2012

Liaison Office (LO) / Branch Office (BO) in India by Foreign Entities – Reporting to Income Tax Authorities

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RBI/2012-13/311
A.P. (DIR Series) Circular No. 55
November 26, 2012
To
All Authorised Dealers Category – I Banks
Madam / Sir,
Liaison Office (LO) / Branch Office (BO) in India by Foreign Entities – Reporting to Income Tax Authorities.
Attention of Authorised Dealer Category – I banks is invited to A.P. (DIR Series) Circular No. 24 dated 30.12.2009 in terms of which LOs/BOs are required to furnish copy of the Annual Activity Certificate (AAC) to Director General of Income Tax (International Taxation), Drum Shaped Building, I.P. Estate, New Delhi 110002.
2. It is clarified that copies of the AACs submitted to the DGIT (International Taxation) should be accompanied by audited financial statements including receipt and payment account.
3. Further, at the time of renewal of permission of LOs by AD banks, they may note to endorse a copy of each such renewal to the office of the DGIT (international Taxation).
4. AD Category – I banks may bring the contents of this circular to the notice of their constituents/customers concerned and ensure compliance.
5. The directions contained in this circular have been issued under Sections 10(4) and 11(1) of the Foreign Exchange Management Act, 1999 (42 of 1999) and are without prejudice to permissions / approvals, if any, required under any other law.