CA Online

In a ruling that may have implications for gold mortgages, gold bonds and commodities derivative trading, Karnataka Authority for Advance Rulings has held that deposit of goods to a custodian with obligation to return on submission of electronic receipts would not be liable for GST.  The ruling came in relation to applicability of goods and services tax in case of a derivative contract in diamonds through Indian Commodity Exchange. The authority held that mere deposit of diamonds with safe vaults acknowledged by electronic vault receipts does not constitute a supply for levy of GST.  It observed that in such a transaction, there is only transfer of possession of diamonds where safe vaults hold them as a bailee with obligation to return them to depositor on submission of EVR. Since there is no consideration involved, the transaction would not qualify as a supply, it said. Derivative contract in e-units would constitute as security and accordingly any transaction in them sha...

Bank credit growth grew to 12.94 per cent as of the end of June 2018 on a year-on-year basis The International Monetary Fund (IMF) has estimated that bank credit growth to India’s private sector will touch 13.6 per cent by the end of the current financial year.  The IMF’s estimates suggest after that it will decrease by 30 basis points to 13.3 per cent by the end of FY20.  “The corporate sector has been deleveraging slowly and, while debt repayment capacity and profitability appear to have bottomed out, they remain weak in aggregate,” said the IMF in its Article IV report on India.  Bank credit growth grew to 12.94 per cent as of the end of June 2018 on a year-on-year basis.  At the end of FY18, bank credit growth to the private sector stood at 9.8 per cent, as compared to 8 per cent a year earlier. Bank credit to the commercial sector stands at Rs 92 trillion as of July 20, 2018, which is a growth of 11.9 per cent on a year-on-year basis, according to the Rese...

Earlier, imports under advance authorisation were subjected to IGST Exporters have approached various courts over restrictions imposed for availing advance authorisation licences under the goods and services tax (GST) regime. The change in condition has led to directorate of revenue intelligence (DRI) issuing notices to exporters.  One such case on a petition filed by an exporter came up for hearing in the Delhi High Court, which issued notices to the Central Board of Indirect Taxes and Customs (CBIC) and the Directorate General of Foreign Trade and posted the matter for hearing in January.  The gist of the case is that the CBIC had inserted a clause of “pre-import” for exempting imports done on advance authorisation licences from integrated goods and services tax (IGST). These licences are issued to allow duty free import of inputs, which are physically incorporated in export product. The clause meant that imports done after exports would not be allowed to avail exemption...

GST Council has reduced rates on many items and services in the last round, says Goyal Finance Minister Piyush Goyal on Thursday said the capacity to slash the GST rates on more items would go up as Goods and Services Tax (GST) revenues and the compliance rate increases and the economy formalises.  Goyal was speaking in the Lok Sabha after moving four bills seeking to amend the Goods and Services Tax (GST) laws for consideration and passage. The bills were Central GST (Amendment) Bill, Integrated GST (Amendment) Bill, GST (Compensation to States) Amendment Bill and Union Territory GST (Amendment) Bill.  His speech 45-minute speech was in-terrupted by Congress members who were in the Well raising anti-government slogans on various issues, including demanding setting up of a joint parliamentary committee to probe the Rafale jet fighter deal. The Minister said the "GST Council has reduced rates on many items and services in the last round. We want the consumer to be burdene...

Experts raise privacy concern; committee recommends codes of conduct to deal with insider trading A committee on fair market conduct has suggested that market regulator, Securities and Exchange Board of India (Sebi), should seek powers to tap telephones and other electronic communication devices to check insider trading and other frauds.  Currently, Sebi has the power to only ask for call records, which includes numbers called and the duration of calls made. If the recommendation is implemented, Sebi will be able to listen in on the calls, as well as intercept other forms of electronic communication.  According to the recommendations of the report of the Committee on Fair Market Conduct, headed by former law secretary T K Viswanathan, “Currently there are several methods of electronic communication apart from telephone calls which are fairly widely used… interception of electronic communication should also be covered in the powers being sought”. The report was submitted on...

Backs decentralisation of power to RoCs & an in-house adjudication mechanism The 14-member expert committee set up by the government to suggest decriminalisation of less-significant violations of the companies law has favoured an increase in the threshold for cases referred to the National Company Law Tribunals (NCLTs).  It has also backed decentralisation of power to the registrar of companies (RoCs), regional directors and an in-house adjudication mechanism to free up the overburdened NCLT benches. That could help speed up the resolution of banks’ bad loans as the tribunals are central to the Insolvency and Bankruptcy Code (IBC) process.  The changes can be implemented through modification of rules and won’t require amendments to law. The tribunals currently hear violations involving fines of more than Rs.5 lakh. The decision on what the new limit should be has been left to the government.  “The enhancement of this limit, along with simultaneous operation of i...

DEMAND HIT Exports have fallen by 93% in the first quarter of the current fiscal, exporters now eye emerging markets India’s silver jewellery is fast losing its charm in the global markets as exports have fallen sharply by 93.04% in the first quarter of current fiscal, compared with Q1 of FY18, with buyers from the Middle East, the US and other nations staying away.  Analysts said the price of silver has been range bound in the first six months, which has affected its demand in the overseas markets.  There is no immediate trigger for prices to rise, but analysts have indicated that silver prices will appreciate in the long run as the metal is fundamentally strong.  Exporters are now eyeing emerging markets such as the CIS countries to market silver jewellery. Talking to ET, Pramod Agarwal, chairman, Gem & Jewellery Export Promotion Council (GJEPC), said that 5% VAT imposed by the UAE has brought down silver jewellery exports to the region. “We are now beefing up...

Exchange MD Limaye also says it’s working on structure to allow GIFT City trading The National Stock Exchange will soon approach market regulator Sebi to seek resolution of its co-location case through the consent mechanism and is also working on a structure to address its issues with Singapore Exchange, NSE chief executive Vikram Limaye said.  “We will talk to Sebi and come out with a resolution on the co-location case and see if we can apply for the consent mechanism,” Limaye told ET on the sidelines of an event to unveil NSE’s new logo on Wednesday.  The Central Bureau of Investigation (CBI) had earlier this year registered an FIR against a stock broker who allegedly manipulated NSE’s system from its co-location facility for two years to get first access to markets when they opened.  Sebi has in the past returned NSE’s consent application as it had not completed investigation in the case. The regulator has issued two showcause notices to the exchange and some of ...

Move aimed at making businesses more competitive, creating more jobs The government will shortly unveil a new industrial policy that aims to speed up regulatory reforms and lower power tariffs to make businesses more competitive and create more jobs, senior officials said. The policy, being given final touches by the Department of Industrial Policy and Promotion (DIPP), will be presented to Cabinet for approval in the next two weeks, they said.  The proposals include establishing an overarching body with representation by the Centre and the states similar to the Goods and Services Tax (GST) Council to enable swift decisions on key changes such as the revamp of labour laws, taxation provisions and land leasing. Crucially, India’s industrial sector has a 29% share in GDP at current prices, well below 44% for China. The reform is being pitched as potentially the biggest overhaul of industrial policy in about 30 years and will come just ahead of national elections next year....

The RBI had last year transferred a surplus of Rs 306 billion as dividend to the government for the year ended June 30, 2017 The Reserve Bank of India (RBI) will pay Rs 500 billion dividend to the government for its financial year ended June 2018, giving it a cushion to manage the fiscal deficit. However, it is not clear if this includes the interim dividend of Rs 100 billion the central bank paid the government in March 2018.  “The central board of directoRs of the RBI, at its meeting on August 8, approved the transfer of the surplus, amounting to Rs 500 billion for the year ended June 30, 2018, to the Government of India,” the central bank said in a statement. The RBI’s financial year extends from July to June. The RBI had last year transferred a surplus of Rs 306 billion as dividend to the government for the year ended June 30, 2017, which was less than half of what it paid in 2015-16 (Rs 658.76 billion). The surplus payout in June 2017 (for 2016-17) was low on account of ...

Noting that incidents of cybersecurity breaches pose a major challenge to market participants across the globe Markets regulator Sebi will explore new initiatives to tackle the challenge posed by cyber security breaches happening globally as it gears up to deploy data analytics and new-age technologies for the marketplace while following necessary data privacy requirements, its chairman Ajay Tyagi has said.  Besides, the regulator intends to strengthen the algorithmic trading framework to make the capital market more fair, equitable and transparent, while there are plans underway to introduce more commodity options contracts and to put in place new guidelines for index products, Tyagi said in his annual message.  Going forward, the Sebi will continue its on-going process of reforms in the primary market to improve issuer and investor confidence, he added. Noting that incidents of cybersecurity breaches pose a major challenge to market participants across the globe, Tyagi...