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Canara Bank and Dena Mark merger NOT on anvil: GovtPM calls for 'TB Mukth Bharat'; Govt to declare panchayat & blocks TB-freeFodder Scam - Laloo gets 14 years jail in 4th caseRoC registers more companies post-GST: MoSAadhaar is optional for drawing pension: MoS'Jan Suraksha' scheme: Govt launches new website for subscribersCBEC asks field formations to speed up recovery of Rs 11500 Crore arrearsGSTN takes several user-friendly stepsCbC Report - Mar 31 deadline not to apply to group entities u/s 286(4)Tariff war - China hits back at USA; imposes duty on goods worth USD 3 bnGST - January collections peak to Rs 89,000 CroreGovt amends e-waste management rules; New targets fixedOver 15 lakh e-insurance accounts opened till Mar 15, 2018E-Way Bill to come into force from April 1, Due dates prescribed for filing of GSTR-3B for April to June 2018Payment of CGST, IGST, UTGST under reverse charge exempted till 30.06.2018I-T - TDS certificate granting lower rate cannot abruptly be cancelled, based on Revenue's apprehensions that assessee may run into losses in future: HCMumbai Customs recovers 7 kg gold in three separate casesI-T - Failure of explicit communication of amended trust deed before Department, is no ground for withdrawal of its registration, till its charitable: ITATApex Court invokes contempt powers against advocate Nisha Priya Bhatia; Former AG Mukul Rohatgi appointed as amicus curiaeUGC grants Jindal Global Univ autonomous status, first private Univ in HaryanaSales tax - Kerosene returned back by RIL to BPCL after extracting N-Paraffin, will amount to 'fresh purchase' and not 'return stream', and hence taxable from prospective effect: HCAnti-dumping duty on 'Flat Base Steel Wheels' imported from China PR to continue till 25 March 2019Exemption from IGST and Compensation Cess under Advance Authorization Scheme and EPCG Scheme extended up to 01.10.2018FTP 2015-2020 - Advance Authorization - Self Ratification Scheme added in Handbook of ProceduresTaxing exports - An unintended missNational Advisory Council acts as 'Think Tank' on tourism: AlphonsCX - Allowing credit only to extent of tax paid by recipient assessee in respect of Manpower Supply service and denying credit of quantum of tax paid by service provider is not based on law: CESTATSmart India Hackathon 2018 - Grand Finale to be held simultaneously at 28 centers
Income Tax - How to find out the difference between trader in stocks and investor in stocks

19 05 2006

The CBDT proposes to issue guidelines to determine whether a person is a trader in stocks or an investor in stocks. One of the guidelines is the time devoted and to the extent to which it is the means of livelihood. Board invites comments from the public on this.

Deduction under 80HHC – Cascading effect of amendment in other statutes

The Income Tax Department has encountered a strange problem. As per Section 80HHC certain deductions are allowed on income earned from profits from exports. The Section mentions the Customs and Central Excise Duty Drawback Rules, 1971. But these rules have been replaced by the Customs and Central Excise Duty Drawback Rules, 1995. Now there are some smart officers who wanted to deny the benefit of 80HHC on the ground that there is no Duty Drawback Rules, 1971.

Now the CBDT has clarified that by virtue of the General Clauses Act, the benefits of Section 80HHC cannot be denied just because the Section mentions the 1971 Rules and not the 1995 rules.

This is what happens with too many enactments finding place in too many other acts and too many amendments with no clue as to what is mentioned where.

CBDT Circular No. 5/2006, dated May 15, 2006

Customs and Central Excise  amendments

Re-import of exported goods – Exemption Notification No. 94/96-Cus. grants exemption to various categories of exported goods when reimported. Now cut and polished precious and semiprecious stones exported for treatment abroad is included in the list.

Cut and polished diamonds Cut and polished diamonds when reimported after certification/grading by certain agencies are exempted. Now one more agency “Diamond Trading Company U.K.” is included in the list of grading agencies.

Exemption to EOUs – Conditions relaxed Notification No. 52/2003-Cus. dated 31-3-2003 allows exemption to goods imported by EOUs, STP and ESTP. Under the scheme certain conditions are now relaxed:

1) Goods may be transferred to other EOUs/SEZ under intimation to the proper officer - no need of permission.

2) Goods may be removed for test, repair etc under intimation to the proper officer  - no permission required.

3) Exemption is now allowed for import of promotional materials like brochures, literatures, pamphlets, hoardings, catalogues and posters.

Similar changes are made in the Central Excise exemption for procurement of goods by EOUs.

Notification No. 44/2006-Customs and 31/2006-C.E., dated May 17, 2006

FTP Amendments - The DGFT had amended the Hand Book of Procedures

1) In Para 2.12 the validity period of 24 months for DFIA is deleted.

2) Certain sea ports/air ports/ICDs/LCS added to the list of ports for imports and exports under the advance authorisation and DEPB.

3) The period of fulfilling export obligation in case of import of spices is restricted to 120 days.

Vehicles imported for R&D – Registration

As per Notification No. 2 dated 7.4.2006 vehicle manufactures and auto component manufacturers were allowed to import vehicles for R & D purposes. One of the conditions for such imports was that the vehicle will not be registered under the CMVR Rules in the country and will not ply on Indian roads. Now DGFT clarifies that the condition is applicable only for use as a passenger vehicle. For the limited purpose of carrying out endurance test, evaluation test and for other testing purposes, the vehicle may be registered as provided for in the CMVR Rules.

POLICY CIRCULAR NO. 06(RE-06)/2004-2009 Dated: May 18, 2006

non obstante - Notwithstanding. (any statute to the contrary)

In absence non obstante clause allowing prevailing of Narcotic Drugs and Psychotropic Substances Act, 1985 over Evidence Act, 1872 such statements could only be treated as previous statements under Section 145 ibid and not as substantive evidence

Retrospective amendment of excise rules empowering Revenue to recover duty - Even in such a case, demand has to be within limitation prescribed under Section 11A of Central Excise Act, 1944, in absence of non-obstante clause in amendment

Although a non obstante clause is used in Article 253 of the Constitution of India, it only explains and provides for the legislative competence of the Parliament for the whole or any part of the territory for the purpose of implementing any treaty or agreement with any other country or any decision made at any international conference etc. If the Parliament or the State Legislature are competent to lay down the guidelines and leave the implementation of the guidelines to the rule making authority, such a law cannot be held to be ultra vires because of a non obstante clause in Article 253.

Until Monday with more DDT

Have a nice Weekend.

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