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Weekly Insight 8th August, 2016

In this issue,
WHAT’s been NEW in:
Income Tax,
GST,
Customs & Excise Tax,
Miscellaneous
Latest News.

Regulatory Updates
Assembled & Edited by:
Vimal Saini (FCA, LCS, PGDBM – Finance & IB)
Neetu Saini (FCS, LLM, M.Com, MBA - Finance)
Sonia Mittal (ACS, MBA - Finance)
Karuna Bajaj (ACA, B.Com)

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Signing of Bilateral Advance Pricing Agreement by Benefits & challenges for auto sector in GST Bill!
CBDT! (vide CBDT Press Release dated 04.08.2016) The current Indirect tax regime in India provides for a
CBDT has signed Bilateral Advance Pricing agreement complex tax environment due to multiplicity of taxes,
with Indian subsidiary of a Japanese company with “Roll elaborate compliance obligations and tax cascading. The
back” provision for the first time. automobile industry has its own complexity such as
The Central Board of Direct Taxes (CBDT) entered into a longer investment cycle, development of vendors/ part
Bilateral Advance Pricing Agreement (APA) on 2 nd makers, substantial outsourced processes, unique market
August, 2016 with the Indian subsidiary of a Japanese approach, etc. (Click here to read the news)
trading company. This is the first Bilateral Advance
Pricing agreement with a Japanese company having a GST Bill to be introduced in Lok Sabha on August 8
“Rollback” provision in it. Overall, it is fourth bilateral for ratification!
APA signed by CBDT. After the Goods and Services Tax Reform was passed in
Rajya Sabha on Wednesday, the government is set to
Rs 30 crore, 40 kg bullion seized from D Y Patil bring it to Lok Sabha on August 8. (Click here to read
Group by Income Tax! the news)
The Income Tax department seized more than Rs 30 crore
in unaccounted cash and at least 40 kg of bullion and gold Under-construction apartments to cost more after
jewellery from the D Y Patil Group during a raid last GST roll out!
week, sources familiar with the development told The Prices of under-construction apartments may rise by up
Indian Express. to 5-10% when the Goods and Services Tax (GST) is
“It is the highest ever spot seizure of cash and jewellery by rolled out. But, prices of completed apartments will not
the department so far. Apart from this, the department has be affected as GST will not be applicable there. (Click
seized a number of documents pertaining to investments here to read the news)
of the group and is currently looking into its accounts,”
said a source. (Click here to read the news) India's Goods and Services Tax may disrupt
economy in the short-term!
The GST impact: How this tax will curb black "The GST is arguably one of India's most significant and
money! ambitious reforms ever attempted," J.P. Morgan
According to tax administrators, GST will help in curbing economists said in a note. By replacing a confusing mass
domestic black money. “Though it is a reform for indirect of central, state, inter-state and local taxes—among the
taxes, there are filers who understate incomes by not most common complaints of foreign businesses—the
reporting each and every transaction. By doing this, they GST is widely expected to transform India into a
save excise, VAT, Octroi etc, and more importantly, are common market, bringing with it increased efficiency
able to furnish under reporting of their incomes. Since, and productivity. But while the move is a game-changer
GST will have a paper trail which can be accessed by the for investor sentiment and paves the way for other
income tax department such practices will discourage structural reforms, strategists warn it could disrupt
generation of black money in the system,” said an income consumption and growth, at least in the short-term.
tax official. (Click here to read the news) (Click here to read the news)

Corporate Analyst & Consultant Private Limited | Weekly Insight | 8th August’ 16 1
Rate of exchange of conversion of the foreign CBEC Instruction F.No. 278A/33/2016-Legal dated
currency with effect from 5th Aug., 2016! (vide 01.08.2016!
Customs Notification dated 04.08.2016) Constitution of a fresh panel of Senior/Junior Standing
Central Board of Excise and Customs hereby determines Counsels against existing slots for handling CBEC cases of
that the rate of exchange of conversion of each of the Indirect Taxation before the various High Courts and other
foreign currencies specified in column (2) of each of for a – Calling for fresh recommendations. (Click here to
Schedule I and Schedule II annexed hereto, into Indian read more)
currency or vice versa, shall, with effect from 05th August,
2016, be the rate mentioned against it in the Excise dept. to continue checks on medical shops!
corresponding entry in column (3) thereof. Despite protests from pharmacists, the Excise Department
here has decided to continue its surprise inspections at
Seeks to amend notification No. 103/2011-Customs, medical shops to ensure whether druggists are complying
dated 23.11.2011 to extend ADD! (vide Customs with the Narcotic Drugs and Psychotropic Substances
Notification dated 04.08.2016) (NDPS) Act or not while dealing with the sales of
on Opal Glass Ware originating in or exported from China psychotropic medicines. (Click here to read the news)
PR & UAE.
Liquor smuggling: Excise ups raids!
Seeks to amend notification No. 50/2011-Customs, The smuggling of liquor from Mahe to the southern
dated 22.06.2011! (vide Customs Notification dated districts of the state in large quantity is on the rise and the
04.08.2011) excise department has intensified search in many places
To extend ADD on sewing machine needles originating in (Click here to read the news)
or exported from China PR.
Garment retailers shift from MRP to 'fixed price'
Seeks to extend the levy of anti-dumping duty regime, move aimed at avoiding paying excise duty
imposed vide notification No.81/2011-Customs, dated for garments priced at Rs 1,000 and above!
the 24th August, 2011! (vide Customs Notification dated Five months after the government levied excise duty on
02.08.2016) garments priced at Rs 1,000 and above, manufacturers have
On imports of Polytetrafluoroethylene (PTFE) originating started shifting from the maximum retail price (MRP)
in, or exported from, People's Republic of China for a regime to a ‘fixed price’ one. Since the levy, announced by
further period of one year i.e. upto and inclusive of 23rd Finance Minister Arun Jaitley in Budget 2016-17, is based
August, 2017. on MRP of garments, irrespective of the actual realization
for the retailer, retailers end up paying excise duty for any
discounts they offer. (Click here to read the news)

Corporate Analyst & Consultant Private Limited | Weekly Insight | 8th August ’ 16 2
SEBI suspects ‘money laundering’ in Ponzi RBI eases norms in cheque dishonour cases of Rs 1
schemes! crore and above!
There is a huge element of money laundering in illegal Relaxing chequebook norms, the Reserve Bank today left
public deposit schemes across the country, a top Security it to the lender's discretion on whether to issue fresh
and Exchange Board of India (SEBI) official said on chequebooks or not in cases of dishonour of Rs 1 crore
Thursday, even as he wondered why not many claimants and above. As per the existing directive, banks are not
are coming forward to get back the money in the high- allowed to issue fresh chequebooks in the event of
profile Sahara case. “So far as Sahara is concerned, we cheque dishonour valuing Rs 1 crore and above on four
have a decent amount of money but not many claimants. occasions during a financial year for want of sufficient
(Click here to read the news) funds. (Click here to read the news)

SEBI fixes Rs 2.44 lakh crore as combined debt limit RBI issues bank licence norms, bars conglomerates!
for FPIs! The Reserve Bank of India (RBI) on Monday released
Markets regulator SEBI Thursday fixed Rs 2,44,323 crore guidelines for 'on tap' licensing of universal private sector
as the combined debt limit for all foreign investments in banks under which the applicants can apply for a banking
Rupee denominated bonds for FPIs. This includes bonds licence anytime as opposed to a limited-period window
issued both onshore and overseas by Indian corporates. that the central bank previously used to open for
“The Rs 2,44,323 crore corporate debt limit for FPIs applications. The released guidelines states individuals
shall be redefined as the combined corporate debt limit with 10 years senior-level experience are eligible to
for all foreign investments in Rupee denominated bonds promote a bank, but large industry houses have been
issued both onshore and overseas by Indian corporates,” excluded as eligible entities. The large industry houses,
Securities and Exchange Board of India (SEBI) said in a however, can invest up to 10 per cent. (Click here to read
circular. (Click here to read the news) the news)

RBI launches website Sachet to tackle fraud! Cabinet clears motor vehicle Bill, lease of toll
The Reserve Bank of India (RBI) on Thursday launched projects to private firms!
a website from which anyone can obtain information Aimed at improving road safety, the cabinet on
regarding entities that are allowed to accept deposits, Wednesday approved the Motor Vehicle (Amendment)
lodge complaints, and share information regarding illegal Bill that proposes stricter penalties including jail terms
acceptance of deposits by unscrupulous entities. Named for the offenders. The Bill proposes to increase
Sachet, the website is expected to be helpful in compensation for the hit-and-run cases from R25,000
coordination between regulatory authorities and law now to R2 lakh and it has provision for payment of
enforcement agents throughout the states so any compensation up to R10 lakh in road accident fatalities, a
unscrupulous money-raising activities can be curbed. statement said. (Click here to read the news)
Collective investment schemes (CISs) have come under
the scanner and the regulators, particularly Securities and
Exchange Board of India (SEBI) has cracked down on
such activities after millions were duped by Sahara,
Sarada, Pearl Agro, and such schemes. (Click here to read
the news)

Corporate Analyst & Consultant Private Limited | Weekly Insight | 8th August’ 16 3
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or entity. Although we endeavour to provide accurate and timely
information, there can be no guarantee that such information is accurate
as of the date it is received or that it will continue to be accurate in the
future. No one should act on such information without appropriate
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