Commerce ministry eases rules to promote exports

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The commerce ministry has relaxed certain norms to promote outbound shipments and manufactured products from export-oriented units (EoUs), software technology parks of India (STPIs) and electronic hardware technology parks (EHTPs).

The norm of mandatory warehousing requirement for EoUs and software and electronic hardware technology parks has been done away with.

The Directorate General of Foreign Trade (DGFT) has also eased rules for the existing EHTP and STP units to avail tax exemptions in the case of conversion or merger of EoU and vice versa.

In a notification, the department said an EoU, which is into agriculture, aquaculture, horticulture and poultry, might be permitted to remove specified goods in connection with its activities for use “outside the premises of the unit”.

Earlier, it was allowed only for outside the bonded area. DGFT has said this in a notification, amending the foreign trade policy (2015-20).

The EoU scheme, which was introduced in December 1980, had allowed manufacturing units in export processing zones to enjoy 100 per cent tax exemption on profits from overseas sale and duty-free import of raw material.

As the scheme had a sunset clause, the tax benefits were stopped from March 2010. This scheme was utilised by small and medium enterprises to set up their units for the purpose of exports.

Later, a committee had suggested steps, including tax incentives, to revive these units.

The decision takes on significance as the country’s exports, after rising for the first time in 19 months in June, shrank again in July. It contracted 6.84 per cent due to the decline in shipments of engineering goods and petroleum products.

Source: http://www.business-standard.com/article/economy-policy/commerce-min-eases-rules-to-promote-exports-116081700050_1.html

India rises to 66th rank in innovation

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India had been faring poorly for several reasons over the years, largely related to poor infrastructure, performance in education, intellectual property and so on.

Reversing a trend of declining rankings every year, India rose by 15 positions to become the 66th most innovative nation in the world. India’s neighbour China also improved its ranking slightly and broke into the club of 25 top innovative nations in the world.

The Global Innovation Index has been created and reported every year by the Paris-based business school Insead, Cornell University and the World Intellectual Property Organisation, a United Nations agency. The Gobal Innovation Index is positioned as resource for policy makers, to identify areas of possible improvement in innovation. It is based on 82 variables across seven areas, grouped into two divisions — inputs and outputs for innovation.

India had been faring poorly for several reasons over the years, largely related to poor infrastructure, performance in education, intellectual property and so on.

This year it has done well largely based on good performances on information technology services exports and creative goods exports.

Source : http://economictimes.indiatimes.com/articleshow/53716047.cms

India giving World Bank all evidence of improved ease of doing business

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India is providing detailed evidence to the World Bank on ease of doing business as it seeks to break into the top 100 countries on the bank’s index from its current rank of 130.

Officials said logs of construction permits, containerised cargo movement at ports and setting up of a company are being provided to World Bank as part of the Narendra Modi government’s efforts to ensure it does not miss any point to score to improve India’s rank.

World Bank officials had a few queries for the Department of Industrial Policy & Promotion (DIPP) when they met on August 1 after completing field inspection and verification of claims over the 14 parameters on ease of doing business.

While the World Bank does not share its findings, one observation made by its team was that people were carrying paperwork to the offices of the Employees’ Provident Fund Organisation even as registration was made free of all physical touch-points. “We clarified that it is only for claims that one needs to file the papers,” said a senior DIPP official, who did not wish to be identified.

Besides, DIPP is now gathering its own evidence for cases where it feels respondents have not have kept in mind the assumptions made by the World Bank study.

“In case of construction permits the study is limited to warehouses or buildings on the outskirts or setting up of a company parameter is only for domestic enterprises and not how long it takes for a foreign entity,” the official said.

DIPP is taking a proactive approach to provide evidence on its part even after the field investigations have been wrapped by the World Bank team. Final rankings will be announced in October. The ranking considers business environment in Delhi and Mumbai. India compares unfavourably even with countries such as Mexico, which is ranked 38, and Russia, which is at 51. Prime Minister Modi has set a target for India to be in the top 50 in three years.

Specific areas DIPP has targeted are starting business, insolvency procedures, construction permits, ease of trade across borders and electricity connections. According to the department, total number of days required to start a business has been reduced to 12 from 29 in the past year. A team of researchers spent two weeks in Delhi and Mumbai talking to actual users and stakeholders to study and verify implementation of reforms, officials said.

Source : http://economictimes.indiatimes.com/articleshow/53716006.cms

CBDT signs bilateral APAs with Japanese trading firm arm

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The Central Board of Direct Taxes has signed bilateral advance pricing agreements with Indian arm of a Japanese trading company, a move that will help bring down transfer pricing disputes relating to intra-group transactions.

“The Central Board of Direct Taxes (CBDT) entered into a bilateral advance pricing agreement (APA) on August 2, 2016, with Indian subsidiary of a Japanese trading company. This is the first bilateral advance pricing agreement with a Japanese company having a rollback provision in it,” a finance ministry statement said today.
Overall, it is fourth bilateral APA signed by CBDT.

Signing of the pact is an important step towards ascertaining certainty in transfer pricing matters of MNC cases and dispute resolution, the statement noted.

The APA scheme was introduced in the Income-Tax Act in 2012 and the rollback provision in 2014.

The scheme intends to provide certainty to taxpayers in the domain of transfer pricing by specifying methods of pricing and setting the prices of international transactions in advance.

Its progress strengthens the government’s mission of fostering a non-adversarial tax regime, the statement said.

CBDT expects more APAs to be concluded and signed in the near future.

An APA, usually for multiple years, is signed between a taxpayer and the tax authority (CBDT in India) on an appropriate transfer pricing methodology for determining the price and ensuing taxes on intra-group overseas transactions.

Source: http://www.business-standard.com/article/pti-stories/cbdt-signs-bilateral-apas-with-japanese-trading-firm-arm-116080400879_1.html

GST Bill passed: India gets tax regime that’s globally competitive, economically gainful

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Time was when an importer had to fork out as much as 220% customs duty and individuals were made to pay up to 97% income tax. The Indian tax system has undergone a sea change since then and the passage of the GST Bill by the Rajya Sabha on Wednesday capped the struggle of successive governments for a tax regime that is globally competitive and economically gainful.

From an abysmal level of less than 5% in 1960s, the country’s tax-to-GDP ratio rose to an all-time high of 11.89% in 2007-08 and stood at 10.7% in the last fiscal. While it’s still less than the 18-19% in some developed nations, the proposed GST regime promises to change it for the better. And as India gears up to embrace this regime, a look at the evolution of its tax system over the years suggests there are plenty that can be looked at with optimism.

One of the country’s most important indirect tax reforms started in one of its darkest hours, by one of its most eminent economist-finance ministers. In 1991, when the country was on the cusp of a balance of payment crisis, Manmohan Singh presented his “epochal budget”, drastically cutting the peak customs duty from 220% to 150%. He offered tax concessions for software exports and set up a commission under Raja Chelliah to suggest tax reforms.

He announced: “The time has come to expose Indian industry to competition from abroad… As a first step in this direction, the government has introduced changes in import-export policy, aimed at a reduction of import licensing, vigorous export promotion and optimal import compression.” The country’s peak customs duty now stands at 13.5%; for non-agricultural goods, the peak customs duty is even lower, at 10%.

While the steady reduction in the customs duties since 1991-92 forced the domestic industry to improve their competitiveness, the tax concessions announced by Singh led to the emergence of global IT giants like TCS, Infosys and Wipro. Even Chelliah, who later suggested broadening the tax base and levying lower and less differentiated rates, came to be called by some “the father of India’s tax reforms”.

In 1994, Singh also introduced a service tax (5%) on three services—telephone bills, non-life insurance and tax brokerage—seeking to cash in on the fast-growing services segment, which was making up for some 40% of the country’s economy. The service tax base and rates were steadily raised over the years. It’s no wonder that the service tax collection rose from a paltry R400 crore in 1994-95 to R2,10,000 crore in the last fiscal.

In 2000, the then finance minister Yashwant Sinha effected major rationalisation in the excise duty structure to introduce a single Cenvat rate of 16%. In 2004, with the integration of service tax with the Cenvat chain government sought to reduce the cascading effect of indirect taxes on ultimate consumer of goods and services. In 2005, the value-added tax regime kicked in, as the government decided to rationalise the sales tax system.

Continued

Online biz firms to give contact details on their portals

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Companies which conduct online business will now have to provide on their websites details about their registration with the government, as well as information about persons to be contacted for grievances.

The government’s move to introduce the requirement comes against the backdrop of instances where people have been duped by way of fraudulent activities, including through online platforms. Tweaking the rules for incorporation of companies, the government has also put in place stricter conditions for conversion of unlimited liability companies into a company limited by shares or guarantee.

The corporate affairs ministry has amended the rules for incorporating a company under the Companies Act, 2013.

Now, “every company which has a website for conducting online business or otherwise, shall disclose/publish its name, address of its registered office, the Corporate Identity Number (CIN), telephone number, fax number, if any, e-mail and the name of the person who may be contacted in the case of any queries or grievances on the landing/home page of the said website”. CIN is the unique number allotted to an entity after getting registered under the Companies Act.

As for conversion of an unlimited liability company into a firm company limited by shares or guarantee, the ministry has made the norms stricter.

Under the amended rules, after conversion, name of the company should not be changed for one year and it will also not be allowed to give dividend unless past debt and liabilities are cleared.

In this regard, the ministry said “past debts, liabilities, obligations or contracts do not include secured debts due to banks and financial institutions”.

The Corporate Affairs Ministry, which is implementing the Companies Act, has already effected a number of changes to various rules under this legislation as part of larger efforts to protect investor interests as well as improve ease of doing business.

Most provisions of the Companies Act, 2013, came into effect from April 1.

Source: http://www.business-standard.com/article/companies/online-biz-firms-to-give-contact-details-on-their-portals-116080100026_1.html

CBDT to issue refunds less than Rs. 5,000 by month-end

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In a bid to spruce up its tax-payer-friendly image, the Central Board of Direct Taxes has asked its officers to ensure that refunds less than Rs. 5,000 are issued by the month-end.

“It has been decided that refunds up to Rs. 5,000, as also refunds in cases where arrear demand is up to Rs. 5,000 in non-computer aided scrutiny selection (CASS) cases, may be issued expeditiously without any adjustment of outstanding demand,” it said in a recent directive to field formations, asking them to complete the exercise by July 29.

Sources said the CBDT wants to ensure that all refund backlogs from previous years for small amounts should be fully cleared this fiscal. “With more returns being filed online and processed electronically, the department wants to ensure that refunds are also given out on time,” said an official.

The CBDT directive also noted there is a large pendency of refunds of small amounts relating to non-CASS cases that are pending for the assessment years 2013-14, 2014-15 and 2015-16.

The CBDT has also called for “expeditious” clearing of refunds where notices were issued for adjustment but there was no response from the tax payer. “Such cases be treated as though the taxpayer had “no-objection”…,” it said. The reminder to field offices comes at a time when the CBDT is trying to clear a backlog in processing of refunds as well as income tax returns. In 2015-16, the CBDT had issued 1.61 crore refunds worth Rs. 1.71 lakh crore.

Finance Minister Arun Jaitley too has stressed on the need for faster refunds to ensure that taxpayers are not put to inconvenience.

 

Source: http://www.thehindubusinessline.com/todays-paper/tp-news/cbdt-to-issue-refunds-less-than-rs-5000-by-monthend/article8883185.ece