TIOL-DDT 2946
07 10 2016
Friday

THE Finance Ministry (Department of Revenue) has sought suggestions and views from Trade Associations in the context of formulating the proposals for the Union Budget of 2017-18. Suggestions can be on duty structure, rates and broadening of tax base on both direct and indirect taxes giving economic justification for the same.

Government wants the suggestions to be supplemented and justified by relevant statistical information about production, prices, revenue implication of the changes suggested and any other information to support the proposal.

The request for correction of inverted duty structure, if any for a commodity, should necessarily be supported by value addition at each stage of manufacturing of the commodity. It would not be feasible to examine suggestions that are either not clearly explained or which are not supported by adequate justification/ statistics.

Suggestions and views may be emailed, as word document in the form of separate attachments, in respect of Indirect Taxes (Customs, Central Excise and Service Tax) to budget-cbec@nic.in and Direct Tax to ustpl3@nic.in.

Hard copies of the Pre-Budget proposals/suggestions relating to Customs & Central Excise may be sent to Mr. Alok Shukla, Joint Secretary (TRU-I), and Service Tax to Mr. Amitabh Kumar, Joint Secretary (TRU-II), CBEC, while the suggestions relating to Direct Taxes may be sent to Mr. Rasmi Ranjan Das, Joint Secretary, Tax Policy and Legislation (TPL-1), CBDT.

The very politely worded letter of the Department concludes, "It would be appreciated if your views and suggestions reach us by the 18th October, 2016." Maybe others in Government can learn a little in writing polite letters to citizens.

Department of Revenue Tax Research Unit F. No. 334/12/2016-TRU.,Dated: October 06, 2016

No Takers for GSTN Vice President Post?

CBEC had vide F.No.A.35017/80/2016-Ad.II, dated September 01 2016, invited applications from Commissioners for appointment on deputation as Executive Vice President of GSTN. ( DDT 2923 05 09 2016 ). The last date for receipt of applications in the Board was 13.9.2016. Obviously there are no takers for the job and the GSTN has extended the last date to 21 st October 2016. And the Board wants the applications latest by 14.10.2016. Unless you want a posting in Delhi, this post doesn't seem to be all that attractive for Commissioner level officers. The GSTN employees will work on fat salaries comparable to the best in the private sector while these senior officers of the CBEC are called upon to work on deputation with not much of incentives. "Thanks, but No, thanks" seems to be their response.

CBEC F. No. A.35017/80/2016-Ad.II.,Dated: October 05, 2016

Anti dumping Duty on Narrow Woven Fabric - Re-imposed - Extension missed by a day?

THE anti dumping duty on "Narrow Woven Fabric" falling under heading 5806 of the First Schedule to the Customs Tariff Act, originating in, or exported from, the People's Republic of China, was imposed vide Notification No. 108/2010-Customs, dated the 6th October, 2010 for a period of five years and ended on 5th October 2015. Government extended it till 5th day of October 2016 by Notification No. 52/2015-Cus(ADD), dated 28.10.2015. This extension also expired.

The Designated Authority has recommended continuation of the anti dumping duty. The Government has now re-imposed the duty for another five years.

Notification No. 50/2016-Customs (ADD).,Dated: October 06, 2016

New Exchange Rates From Today

CBEC  has notified new exchange rates for Imported Goods and for Export Goods with effect from 7th October 2016. The USD is 67.50 for imports and 65.80 Rupees for exports.

Notification No. 124/2016-Cus (NT)., Dated: October 06 2016

Import Data Processing and Monitoring System (IDPMS)

IN order to enhance ease of doing business and facilitate efficient data processing for payment of import transactions and effective monitoring thereof, Import Data Processing and Monitoring System (IDPMS) has been developed in consultation with the Customs authorities and other stakeholders.RBI has advised the banks that IDPMS will go live with effect from October 10, 2016 and are directed to use IDPMS for reporting and monitoring of the import transactions.

Customs department has modified the Bill of Entry (BoE) format to display the AD Code of bank with effect from April 1, 2016 and SEZ from June 1, 2016 respectively. Primary import transaction data (from Customs/SEZ) with effect from the above mentioned dates will be made available to respective AD banks in the IDPMS database for further processing. Starting October 10, 2016 all transactions will flow to IDPMS on daily basis for AD banks, to log all subsequent activities and monitor the import transactions.

Based on the AD code declared by the importer, the banks shall download the Bill of Entry (BoE) issued by EDI ports from "BOE Master" in IDPMS. For non-EDI ports, AD bank of the importer shall upload the BoE data in IDPMS as per message format "Manual BOE reporting" on daily basis on receipt of BoE from the customer/Customs office.

AP (DIR Series) Circular No. 5/RBI., Dated: October 06, 2016

Blending and packing of tea does not amount to manufacture;Tea not Raw Material; No Estoppel against Law - Supreme Court

IN a case pertaining to Assam Sales Tax, the Supreme Court yesterday held that the appellant was not in the business of 'manufacturing' tea but was merely blending and packing tea, which does not amount to 'manufacturing' of tea. The Court held that tea is not to be included in "raw material" and therefore, no exemption could have been claimed by the Appellant Company in respect of 'tea' as a raw material for purchase as well as sale of tea. The Court further held that it is a settled legal position that there cannot be any estoppel against law.

For more details, please see Breaking News.

GoIndigo v GoAir - Whose Intellectual Property Right is 'Go'? 'Go ogle' the Web?

THE Bombay High Court on Monday passed a very humorous order as these excerpts will show.

The Plaintiff is an airline company, the owner and operator of the GoAir airline. It has declared litigation war on the 1st Defendant, its rival that owns and operates Indigo Airlines. GoAir believes that Indigo should not use the domain name GoIndigo.in; it has intellectual property issues with Indigo's chosen prefix Go in its domain name (though apparently not with the trailing go; a small mercy as it happens, for that might be a demand that Indigo should be rechristened Indi.)

For reasons that are presently unclear so far, Google India Limited, the 2nd Defendant, is also said to be liable. Mr. Jamsandekar for the Plaintiff grants that this is not because the word Go is also part of Google's corporate and domain name (and much else besides). That is all to the good, for the alternative is unthinkable - we might otherwise be forced to ogle the Web.

The Judge, in the order has highlighted in italics the 'go' wherever it occurred like: goal, ging, go aded, gone, good.

Even Government goes. My Go d!

Until Monday with more DDT

Have a nice weekend.

Mail your comments to vijaywrite@tiol.in