Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *   Non-Tariff Charges Except Cheque Dishonour Fee is exempted from GST: AAAR *   GST: Rs 50,000 crore tax shortfall upsets budget maths *   Arun Jaitley favours GST council-like structure for healthcare, agriculture   *   Traders are not Annoyed with GST, CAIT Writes to Rahul Gandhi   *   March GST collection may touch Rs 1 lakh crore *   For biscuit companies, this is how the cookie crumbles post GST *   No arrest can be made without following procedures in GST evasion cases: HC *   White goods firms under NAA lens for pocketing GST rate cuts   *   Cos can raise product weight in lieu of price cut to pass on GST benefit   *   GST could have been implemented after trial run: Singhvi   *   DRI detects Rs 3.25 cr tax evasion in sale of complimentary IPL tickets   *   Jaitley: Consensus is the secret behind GST’s success   *   Starbucks may face fine for ‘profiteering’ after GST rate cut *   Simpler GST turns out to be bad business for India’s tax consultants   *  Cloudtail India fined Rs 11 lakh by GST anti-profiteering authority *  GSTN Alert: Two New Features added in the Portal *   GST: TVS Motor joins Hero MotoCorp to seek reduction in rate on two-wheelers *   SPARC gets GST notice for ₹46.04 crore *   GST on service sector: Vague orders by advance ruling authorities spell trouble *   Jubilant FoodWorks slapped with Rs 41.42 crore Demand by GST Anti-Profiteering Authority *   Kerala High Court dismisses 3,250 Petitions challenging VAT Assessments post GST *  Rs 230-crore GST scam by Tamil Nadu steel traders unearthed *  Telcos seek GST waiver on payments to govt, Rs 35K-cr input credit adjustment *  Domino's Pizza fined for not passing GST rate cut benefits to customers   *  Patanjali dealer fined for not passing on GST rate cut to consumers *  Foxconn awaiting Rs 1,000 crore GST refund *   Hyderabad: Probe reveals shell firms floated only for GST fraud *  Firm evades Rs 1.27-crore GST; proprietor booked *   Tax Rate on Fly Ash Bricks:- Condition of 90% or more fly ash content *  Ahmedabad CGST officials bust fake GST invoice racket worth Rs 175 crore
Subject News *   Discounts granted must be deducted from Invoice Value to avail Input Tax Credit: AAR *   Lodging along with Food to Students by a Private Boarding House is a Composite Supply, 18% GST applicable: AAR *   Gold Schemes Offered to Customers not eligible for GST Input Tax Credit: AAR  *   GSTN adds New Feature in Portal *   GST: Solar heater parts taxed at 18% *   GST Council's plan for real estate sector may not find many takers   *   Relief to exporters; govt extends IGST, compensation cess exemption for various export plans   *   Consumer Goods Makers Won’t Be Taxed On Buy-One-Get-One-Free Offers *   GST: Unused ITC for half-built houses to be reversed *   GST tribunal proposed at Allahabad, regional benches in 19 districts: Govt   *   GST officials detect tax fraud of Rs 224 cr by 8 companies *   GST appellate body clears air on tax credit for sweet shop vs restaurant *   GST Council to meet on March 19 to finalise real estate tax structure *  Government has said : GST does not apply on the TCS amount *  Solar power generation 5.8 per cent costlier with GST: Report  *  The Federation of Automobile Dealers Associations Seeking Rollback Of GST Amendments *  Government notified April 1 Date Set For Availing Increased GST Exemption Limit, Composition Scheme *  New GST return forms released; compliance process simplified from April 1 *  Realtors seek clarity on GST exemption on development rights *  Govt issues order on ‘removal of difficulties’ in GST *  GST collections drop to Rs 97,247 cr in Feb; rate cuts may have hit mop-up *  There are dark clouds on the horizon when it comes to GST *  GST: DGGI seizes record of Yarn Firms in Ludhiana *  GST Evasion worth Rs 650 crore unearthed in Maharashtra *  GST: Delhi Govt targets Rs 29,000 crore Revenue for Next Year *  Breaking shackles: How GST ended the era of captive warehousing *  Transparency and simplicity in the tax regime are casualties of the GST Council’s recent decisions. *  Reduction in GST rate leads to a drop in price? Real estate a test case for broader changes *  With GST rate cut, you have another reason to buy a house *  GST Commissionerate Hails Mahesh Babu  

Comments

Print   |    |  Comment

Finance minister's Speech on Finance Bill 2011

Finance Minister’s Reply to the Discussion on the Finance Bill 2011-12 in Lok Sabha

Press Information Bureau 
Government of India
Ministry of Finance 

22-March-2011 19:53 IST

Finance Minister’s Reply to the Discussion on the Finance Bill 2011-12 in Lok Sabha
 

Madam Speaker,

It is unfortunate that the colleagues from across the House chose not participate in the discussion on the Finance Bill 2011-12. In a democratic polity the Government stands to benefit from inputs from colleagues from both sides of the House. In turn, they have an opportunity to lend their voice and expertise to influence public policy in the larger national interest. When this does not happen, it does not bode well for the institution or the society at large.
 
2.      I would like to thank all the speakers who chose to spoke on the Finance Bill 2011-12. A number of valuable suggestions have been made. I have already responded to some of these suggestions while replying to the General Discussion on the Budget and I also addressed a few concerns while introducing the Bill earlier today.  I propose to address some more suggestions in the course of my reply.
 
 
 
 
Madam Speaker,
3.      In my proposals for the Direct Taxes, for the year 2011-12, I had proposed to provide lower tax rate of 15 per cent on dividends received by Indian companies from foreign subsidiary companies in which the Indian company holds more than 50 per cent share capital. Several representations have been made requesting further relaxation  in the ownership pattern of the foreign subsidiaries.  I, therefore, propose to lower the holding requirement in the foreign company from 50 per cent to 26 per cent. This will enable overseas joint ventures with Indian partnership, to also avail this benefit.  
 
4.      In order to provide for deduction to employer’s contribution to a pension scheme on account of an employee, I propose a consequential amendment in section 40 A (9) so that the deduction to the employer for his contribution is not barred under this section. 
 
5.      As no deduction for export profits is allowed after April 1, 2005, I propose that such export profits should also not be allowed as a deduction while computing book profit for the purpose of levy of Minimum Alternate Tax (MAT) after the said date.
 
6.          Suitable amendments have been proposed to the Finance Bill to give effect to these changes.
 
Madam Speaker
7.      In respect of my Indirect Tax proposals, among the Government amendments to the Finance Bill, I propose to insert a new provision in the Customs Tariff Act to enable the Central Government to extend anti-dumping duty imposed on an article in cases of circumvention. The other amendments are technical in nature and do not involve any substantive change.
 
8.      The House would recall that one of the considerations that guided the formulation of my proposals on indirect taxes was to prepare the ground for the transition to GST, beginning with a reduction in the number of exemptions. It was in this background that a mandatory levy of 10 per cent was proposed on branded ready-made garments and made-ups of textiles. I have received a large number of representations seeking a review of this proposal on the ground that this industry is still quite fragmented with a pre-dominance of unorganised units. While moving the Finance Bill for consideration earlier today, I have already announced an increase in the level of abatement on these products so that the overall burden of tax comes down and small manufacturers benefit.  I would take this opportunity to re-emphasize that  this would enable an SSI unit to continue to enjoy the exemption even if  it had a turnover based on Retail Sale Price (RSP) of Rs.8.9 crore in 2010-11. I shall now take up some additional measures to provide relief to this sector.
 
9.      It has been pointed out by the garment industry that often brand owners who outsource production to small units do not disclose the RSP to them. Since the duty is payable on a value linked to the RSP, this poses a problem for small manufacturers. A deeming provision is being made to enable such manufacturers to pay duty on the wholesale price at which they make a sale to the brand owner. As and when the brand-owner affixes the RSP on the garment or made-up, he would pay the additional duty, if any.
 
10.    The garment and made-up industry has a high incidence of return of unsold stock. In order to obviate the burden of double payment on such goods, I propose to exempt from excise duty, returned goods not exceeding 10 per cent of the value of clearances of the unit in the preceding financial year. Physical verification of stock of such returned goods by Central Excise officers would not be necessary.
 
11.    The doubts and queries raised by the industry have also been examined. A detailed clarification is being issued on these. I would also like to recapitulate to the Hon’ble Members that –
i)    The levy does not apply to unbranded goods;
ii)  It does not apply to goods made to order for a retail customer;
iii)               The benefit of SSI exemption is available to goods bearing or sold under the brand name of the small manufacturer himself
iv)               Simplified Export procedure is available to units that predominantly export and sell unbranded goods or goods bearing their own brand name in the domestic market.
 
12.   One issue that Hon’ble Members have persistently raised relates to the reduction of import duty on raw silk (not thrown) from 30 per cent ad valorem to 5 per cent ad valorem. Shri Deve Gowda ji also mentioned it in his intervention today. The annual requirement of raw silk for the weaving industry is around 30,000 metric tonnes. The domestic sericulture industry is able to produce two-thirds of this requirement and around 10,000 metric tonnes needs to be imported.  In reducing the duty Government have tried to balance the interests of the sericulture sector and silk weavers. As I have already stated earlier today, Government will keep close watch on import volumes and domestic prices and respond, if required, in the interests of domestic sericulture.
 
13.        Some suggestions have been received in respect of the levy of 1 per cent  Central Excise duty on 130 items. I propose to extend RSP based assessment with an abatement of 35 per cent to many of these items so that disputes with regard to valuation are avoided. I also propose to exempt any waste, scrap or parings arising in the course of manufacture of these items as a measure of relief.
 
14.   To provide a simplified regime for taxpayers exclusively manufacturing these items, the following procedural relaxations are being made:
i)    Physical verification of premises would not be necessary for new registrants;
ii)  Visits to such units by Central Excise officers would be permitted only with due authorisation as in the case of SSI units;
iii)   They would be required to file only quarterly returns; and
iv)   A simplified return format will be prescribed.
15.        Based on the feedback from domestic industry, I am proposing the following reliefs in customs and central excise duties with a view to encourage domestic manufacture:
i)    To extend the concessional rate of 5 per cent CVD and Nil SAD to parts of all computer printers imported by actual users;
ii)  To exempt seven specified parts of personal computers from levy of special additional duty of customs;
iii)   To restore full exemption from excise duty (and CVD) on silicon wafers imported for manufacture of solar cells/modules;
iv)    To exempt certain types of coking coal imported for the manufacture of iron or steel from customs duty;
v)   To prescribe an unconditional 1 per cent excise duty (and CVD) on mobile handsets including cellular phones in  addition to 1 per cent NCCD already leviable; and
vi)   To reduce the basic customs duty from 60 to 30 per cent on CKD kits containing a pre-assembled engine, gear box or transmission assembly, imported for the manufacture of vehicles.
 
16.          Notifications to give effect to these changes would be issued in due course and laid on the table of the House.
 
17.    As for Service Tax, I have already announced earlier today our decision to exempt the new levy on health services in entirety both in respect of services provided by hospitals as well as by way of diagnostic tests.
 
18.    Point of taxation Rules are due to come into force from April 1, 2011 and are meant to shift the payment of service tax from only cash basis towards accrual basis. The changes are essential to align the system of payment of taxes between goods and services. Many taxpayers have expressed concerns about some provisions and also sought some time for the switchover on account of changes required in their software. Accordingly, certain changes in the relevant provisions are being worked out and an additional period of three months up to June 30, 2011 is being provided to make the transition. These changes shall be notified shortly after completing the process of consultation.
 
 D.S.Malik
Addl DG(M&C),
M/o Finance
22-03-11
 
courtesy: FinMin
regards
ca srinivasan rm
karaikudi

Opinion

The Lok Sabha has passed the  Finance Bill 2011 on Tuesday 22nd March,2011. While moving the Finance Bill, Mukherjee announced a reduction in dividend distribution tax threshold for foreign companies to 26 percent from 50 percent and cut the basic customs duty on completely knocked down automobile kits, containing a pre-assembled engine, gear box or transmission assembly, to 30 percent from the proposed 60 percent.

Mukherjee also rolled back a proposed five percent tax on healthcare, which many called the misery tax, and provided some relief to ready-made garment manufacturers by enhancing the abatement available for levy of taxes on some branded garments and textile made-ups to 55 percent from 40 percent on the retail sale price. 

Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com