CA Online

A circular may be issued soon saying tax demands not to be pursued; changes to the law may be carried out in the next budget to provide legal certainty, says a finmin official The government may soon tell tax officials to stop pursuing minimum alternate tax demands against foreign portfolio investors (FPIs), seeking through this one measure to give investor sentiment a sharp boost and head off further legal wrangles over the levy. It will also bring swift closure to the biggest tax controversy concerning foreign investors after the Vodafone case. The Narendra Modi government had promised a stable and fair tax regime soon after taking over and is therefore keen on resolving the matter quickly as it looks to attract investment to revive growth. The likely move on MAT will follow the recommendation of a highlevel panel that overseas investors should get relief even prior to April 1, 2015, and not just after that date as mandated in this year's budget. The government could intr...

Madhya Pradesh CM says win in local polls a sign that Vyapam's a non-issue, calls Rahul Gandhi immature If there's no political consensus on the Modi government's land acquisition law, then states that value the necessity of such a law should be allowed to go ahead and implement the rules, Shivraj Singh Chouhan, Madhya Pradesh chief minister and an influential voice in Bharatiya Janata Party, told ET. A central law is not a must for states focussed on development, the electorally successful Chouhan said. Fringe Hindu elements who have voiced extreme voiced extreme views aren't a part of either BJP's or India's idea of social arrangements, Chouhan, widely reckoned to be a Rashtriya Swayamsevak Sangh favourite, said over the course of an extensive interaction with ET. On Rahul Gandhi, who has been vocal about the land law as well as demanding Chouhan's resignation over the Vyapam controversy, the CM said the Congress vice-president is yet to be “politi...

1.  No service tax can be levied on indivisible works contracts prior to 01.06.2007. 2.  Tribunal has the Power to Grant Extension of stay beyond 365 days when the assessee is not responsible for delay in disposing of the appeal, under section 35C(2A) of the Central Excise Act. [Delhi High Court in CCE Delhi vs. Brew Force Machine Pvt. Ltd]. 3.  Provision for doubtful debts not required to be add back to arrive at book profit u/s 115JA of the Income Tax Act. [CIT vs. Salgaonkar Mining Industries Pvt. Ltd High Court of Goa]. 4.  Income earned from supply of software embedded in hardware is not royalty. Honorable Delhi High Court in the case of Alcatel Lucent Canada.

1.  Interest u/s 234B of the Income Tax Act is automatic even if assessment order does not contain any direction for payment. [Bhagat Construction Co Private Limited vs CIT, Supreme Court]. 2.  Service Tax Clarification regarding the provision of Section 73, 76 and 78 of the Finance Act, 1994 and Section 11AC of the Central Excise Act, 1944 after amendments made vide Finance Act. 2015. F.No.137/46/2015-.18.08.2015. 3.  RBI is likely to remove a major hurdle that asset reconstruction companies ( ARCs) face while raising funds via initial public offering. 4.  SEBI has amended the regulations relating to Alternate Investment Fund and the SEBI (Alternative Investment Funds) Reg, 2015 which shall come into force on the date of their publication in the official gazette. 5.  NIRC of ICAI is organizing its Regional Conference on 22.08.2015 from 09:30 AM – 05:30 PM at India Habitat Centre, Lodhi Road, New Delhi.

Retirement fund body EPFO has decided to re- examine its plan to launch online provident fund withdrawal facility for its subscribers having Aadhaar- enabled provident fund and bank accounts, in the backdrop of apex court ruling. The Employees Provident Fund Organisation (EPFO) is cautious after the apex court ruled earlier this month that " the production of an Aadhaar card will not be a condition for obtaining any benefits otherwise due to a citizen". Business Standard, New Delhi, 19th August 2015 

Long wait by industries for key labour reforms in the country might not be over as the Union government is going slow on their demands. After coming to power, the National Democratic Alliance ( NDA) government had announced a slew of labour reforms such as labour codes on industrial relations and wages, small factories Bill, factories (amendment) Bill, employees provident fund ( amendment) Bill, employees’ state insurance (amendment) Bill, among others. However, these are pending at various stages. One of the factors delaying this reform process is the staunch opposition by the trade unions which have collectively called a nationwide strike on September 2. The industries are desperateforlabourlawreforms. “We are hopeful and positive about the reform process initiated by the government and hope it moves in the right direction. We want the changes as early as possible but there is a consultativeprocesswhichweappreciate the government has to follow and get all the stakeholders on b...

Move to cut minimum working days to one-third may help over 25 million such workers The labour ministry may soon propose to reduce to a third the minimum number of work days a construction worker is required to clock to avail social security benefits under the Building and Other Construction Workers Act. The measure will be a bonanza for over 25 million building and construction workers in the country, most of whom are part of the unorganised sector. A senior government officer told ET that the ministry is revisiting the law to make an enabling provision that will make construction workers eligible for social security benefits under the Employees' Provident Fund Organisation and the Employee State Insurance Corporation by working for 30 days instead of 90 days as stipulated under the Act. “We are making the necessary changes to the Building and Other Construc tion Workers (Regulation of Employment & Conditions of Service) Act, 1996, to widen the scope of its implemen...

Once spectrum trading is allowed, the government might include proceeds from this in telecom operators’ adjusted gross revenue (AGR), which could impact the financials of these companies, already reeling under huge debt. The Department of Telecommunications ( DoT) has written to the finance ministry, seeking its view on the matter. Internally, the department was of the opinion that proceeds from revenue through spectrum trading should be part of telcos’ AGR, said a senior DoT official. Speaking on the issue, Ravi Shankar Prasad, minister for communications and information technology, told the Business Standard, “ We have written to the finance ministry on this issue. A final view will be taken only after we receive their inputs. The norms for trading will be announced soon.” In its recommendations, the Telecom Regulatory Authority of India had said, “The amount received from trading will be part of the AGR for the purpose of licence fee… and spectrum usage charges ( SUC) will b...

The Reserve Bank of India (RBI) is likely to remove a major hurdle that asset reconstruction companies ( ARCs) face while raising funds via initial public offering ( IPO). According to norms, ARCs have to take prior regulatory approval to sell more than 10 per cent stake. Sources said RBI would give exemption to the ARCs on this issue. " The regulator is not saying that ARCs cannot sell more than 10 per cent. If they want to sell more than 10 per cent, they have to take the regulators approval. However, that exemption can be given during an IPO." An entity that holds more than 10 per cent stake in an asset reconstruction company is classified as a sponsor. ARCs also face problems while raising funds as the regulation caps a sponsors stake at 49 per cent. With bad loan sale market gaining momentum following certain regulatory relaxation, ARCs are now looking to raise capital. According to a CrisilAssocham report, capital constraints along with expectation mismatch o...

Even after raising stake to 49%, foreign insurers can’t decide on strategy or products Foreign partners in insurance companies in India will have no final say on decisions pertaining to strategy and products, as the Insurance Regulatory and Development Authority of India ( Irdai) has decided not to give them any additional rights when their they increase their stake from 26 per cent to 49 per cent. According to regulatory officials, as the Insurance Laws ( Amendment) Act said all insurers would have “ Indian management and control”, there would be “ no exclusivity granted to foreign promoters in areas such as appointment of chief executive officers, or to board positions, or even company decisions on strategy and products”. While the regulator might not bring out guidelines on Indian management and control, it would review individual agreements in detail when foreign insurers seek approval to increase stake from 26 per cent to 49 per cent. Sources said if the regulator found...

1.  CBDT amends IT Rules to notify that computation of period of stay in India of an Indian citizen being member of crew of a ship shall be as per Voyage Discharge Certificate. 2.  Exemption U/s 10(23C) (vi) can be claimed without having registration U/s 12A. CBDT circular no. 14/2015 dated 17.08.2015. 3.  CESTAT has power to extend stay beyond 365 days where delay in disposal of appeal is not attributable to the assessee. Delhi High Court.[CCE vs. Brew Force Machine Pvt. Ltd]. 4.  Extension to 25.08.2015 of last date to file D-VAT return for Q1 of 2015-2016 in Forms DVAT-16, DVAT-17 and DVAT-48.circular no.19 of 2015-2016 dated 17.08.2015. 5.  Vacancy for CA in HDFC bank for the post of Credit Manager- Punjab, Haryana and Rajasthan location, Contact:- Raghav Mahajan (7307211397)/ email: Raghav.mahajan1@hdfcbank.com 6.  Invitation to attend a “Talk on GST and Service Tax” at FICCI Auditorium, Mandi House, New Delhi on 20.08.2015 from 6PM to 9PM O...