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PHD
CHAMBER Vol No. XXXX No.3 President Writes ...............................................................5
President
PHD-KAF Cooperation Project .......................................... 24
Shri Ashok Kajaria
Vice President
Disclaimer : The PHD Chamber is not responsible for
Shri Sandip Somany the views of the authors of the articles.
Editor :
Readers please write to us
Shri S Kapur We welcome feed back from our readers about the articles
Additional Secretary General published in the bulletin. You may also send any other suggestion.
Letters must be brief. Please write to the Editor skkapur@phdcci.in
Editorial Board
Shri P K Sharma On the Cover :
Ms Sushmita Shekhar Top (L-R): Shri Bhupinder Singh Hooda, Chief Minister, Haryana
Ms Rashmi Aggarwal addressing the audience. Also seen are Shri Salil Bhandari, Senior Vice
President, PHD Chamber; Shri R I Singh, Chief Information
Ms Shobha Ahuja Commissioner, Punjab and Shri Rajeev Arora, Managing Director,
Shri Rohit Pandit HSIIDC
Ms Mallika Singh Middle left: (L-R): Shri Rajnish Goenka, Chairman, Membership
Ms Shilpa Gupta Services and Development Committee, PHD Chamber; His Holiness
Shri Shri Ravi Shankar Ji; Shri Ashok Kajaria, President, Smt Varsha
Shri Dalip Sharma Kajaria and Ms Shilpa Gupta, Secretary, MSDC, PHD Chamber
Ms Malti Chandkika
Middle Right: (L-R): Mr. Dale Tasharski, Commercial Counselor,
Shri Rajender Kothari Embassy of United State of America with spouse; Shri Ashok Kajaria,
Brig. Amitabha President and Smt Varsha Kajaria
Bottom (L-R): Shri Rajnish Goenka, Chaiman MSDC; Shri Ashok Kajaria,
For Advertising, subscription, President, Smt Sushma Berlia, Past President, PHD Chamber, H. E. Mr.
Thomas Matussek, Ambassador of Germany, Shri Sanjay Bhatia, Past
circulation enquiries please e-mail :
President; Shri V. C. Jain, Chairman, Foreign Trade & Investment
phdcci@phdcci.in Committee, PHD Chamber.
President Writes
Last month, in the Union Budget for 2010, the Union
Finance Minister has sent out a positive message for
reform that will ensure a stable macro-economic
environment conducive for growth. As expected there
were not many surprises in the Budget proposals. The
provisions go a long way to reflect the Government's
commitment to satisfying the aspirations of the “aam
aadmi” through social sector programmes even while
striving to revive growth in the economy and addressing
the problem of fiscal deficit.
ACTIVITIES
Railway Budget Viewing Past Presidents and members of the measures like simplification of
Session at Bhopal Managing Committee of the income tax returns and automation
Chamber also attended the meeting of central excise and service tax;
PHD Chamber organised a Railway and participated in the discussion. amendment to the Settlement
Budget viewing session on 24 Dr Charan Wadhwa, Professor Commission which ultimately would
February 2010 at Bhopal. Shri Emeritus, Centre for Policy Research reduce litigation and facilitate
Shalabh Sharma, Vice President, and Shri M K Zutshi, Former quicker recovery; facility of 100%
Federation of Madhya Pradesh Chairman, CBEC also gave their credit in the first year and also
Chamber of Commerce and expert comments during the Panel quarterly payment of duty for SSI
Industry, Shri Sanjay Khandelwal, Discussion which followed units, which would give lot of relief.
President, Mandideep Industries' immediately after the session.
Association; and Shri C B Malpani, However, it was unanimously agreed
Secretary, Mandideep Industries Shri Ashok Kajaria while welcoming that the rise in MAT from 15% to
Association attended the session. the Union Budget Proposals said 18% was a retrograde step which
that the provisions would go a long would adversely impact long term
BTV, Madhya Pradesh, Sahara TV way in satisfying the aspirations of investments required for industrial
and ETV covered the session. “aam aadmi” even while providing growth. Besides, not enough has
the requisite thrust on growth and been done to address the problem
Union Budget Viewing Session addressing the problem of fiscal of rising food inflation in the
and Panel Discussion deficit. country.
Union Budget Meet PHD Chamber organised another Rajasthan in the Changing Global
at Chandigarh Union Budget Viewing Session on 26 Scenario' on 3rd and 4th March 2010 at
Jaipur. The objective of the workshop
was to sensitize middle level officers
of the Department of Industries,
Government of Rajasthan on the
constraints being faced by SMEs
while conducting their business
operations and to deliberate on the
ways along with the means to
empower these units to be prepared
to face the challenges.
(L-R): Dr. B. Joshi, Innovative Management; Shri S M A Rizvi, General Manager (PR&A), Shri Mukesh Gulati, during his
Indo Gulf Fertilizer; Shri Sudhaker Tiwari, Consultant , Indo Gulf Fertilizer; Shri L K presentation on “Growth of SMEs in
Jhunjhunwala, Chairman, K M Sugar Mills Ltd.; Brig. Amaitabha, Resident Director,
Rajasthan Focus on Traditional
PHD Chamber; Shri Pawan Dhawan, Chairman, ICAI, Lucknow; Shri Panakaj Agarwal,
Chartered Accountant and Shri Pankaj Bhargava, Chartered Accountant. sectors,” dwelt upon the role of
PHD Chamber Bulletin • March 2010 9
Ms Malti Jain, Resident Director, PHD (L-R): Shri V S Wahi, Co-Chairman, Direct Taxes Committee; Shri Ajay Vohra,
Chamber, Jaipur explained that Chairman, Direct Taxes Committee; Shri Gautam Bhattacharya, Joint Secretary,
there has been a change in the CBEC; Shri J K Mittal, Chairman, Indirect Taxes Committee; Shri Y G Parande,
expectations of SME from the Member (Budget & Service Tax), CBEC; Shri Manu Verma, Co-Chairman, Indirect
government. They now seek support Taxes Committee and Shri S Kapur, Additional Secretary General, PHD Chamber
by the way of providing them with
PHD Chamber organised a Post technology software service,
better infrastructure and reducing
Budget Interactive Session on commercial training or coaching
their tax burden.
'Implications of Union Budget 2010' service, nursing homes and multi-
on 5 March 2010 at PHD House, New specialty clinics and copyright. He
Prof. Rajesh Mehrotra, spoke on
Delhi. Senior Government officials - also highlighted proposed changes
facilitating change in management
Shri Y G Parande, Member (Budget & in the law and exemptions related to
and the need to identify short term
Service Tax), CBEC and Shri Gautam indirect taxes.
and long term goals and policies
Bhattacharya, Joint Secretary (TRU),
which would further help SMEs to
CBEC were the key speakers who Shri Y G Parande while addressing
stay ahead.
shared their perspective on the the members, said that the
Budget proposals and responded to government had to do balancing act
The Programme was sponsored
the queries. and had undertaken a calibrated
by the Department of Industries,
rollback of stimulus which was
Government of Rajasthan and
Shri J K Mittal, Chairman, Indirect required. He stated that government
was widely covered by the print
Taxes Committee, PHD Chamber, in has given thrust to certain key
media.
his opening remarks said that the sectors of economy like agro and
PHD Chamber Bulletin • March 2010 10
food processing, clean energy, establishments included in the sector to invest in in-house
health care, SSI, etc. Some initiatives housing project is proposed to be research.
have been taken to pave way for liberalized. Now 3% of the
GST. He further mentioned that the aggregate built-up area of the He highlighted that the Budget has
Revenue Department has always housing project or 5,000 sq. ft., shut the window for non-resident
opined that the renting of property whichever is higher can be utilized service providers like technical or
is liable to taxable service and many for shops and other commercial financial consultants, or certain
representations were received for establishments in the housing other foreign service providers as
re-forcing it as taxable. project to provide basic facilities for the Finance Bill has clarified that
the residents. such services rendered by a non-
Shri Gautam Bhattacharya resident will attract withholding tax
mentioned that double taxation in He also elaborated on other of 10.56%, irrespective of whether
federal structure is inevitable. He provisions such as section 9 relating the services were rendered in India
explained that the government has to income deemed to accrue or arise or abroad, if it was paid by or availed
made retrospective amendment in in India to a non-resident; section for a business in India.
certain situations, where it is 40(a)(i)/(ia) relating to the
necessary. disallowance of expenditure on The Session was followed by lively
account of non-compliance with discussions. Among the important
Welcoming the direct tax proposals TDS provisions; provisions relating issues discussed were those relating
for the year 2011-2012, Shri Ajay to taxation of gifts under section 56; to Minimum Alternate Tax and Direct
Vohra, Chairman, Direct Taxes taxation of certain transactions Taxes Code, levy of service tax on
Committee, PHD Chamber remarked without or for inadequate copyrights, levy of customs duty on
that the government needs to put consideration; power of settlement power sale by SEZ to DTA/NPA,
the revised Direct Tax Code in public commission and high court's power drawback benefits on furnace oil,
domain for another round of to condone delay. custom duty exemption on solar
debate. lanterns, excise duty on cyanotic, etc.
Shri V S Wahi, Co-Chairman, Direct
He further highlighted the proposals Taxes Committee, PHD Chamber The Chamber has been advised to
relating to the conversion of small felt that the proposals in the Union submit a detail memorandum
companies into limited liability Budget were a pre-cursor to the highlighting the areas where relief
partnerships and the provisions Direct Taxes Code. He highlighted and/or clarifications are desired.
relating to charitable trusts / that the widening of the slabs is
institutions. He observed that large indeed a welcome move. The “Post Budget Day Meeting
impetus has been given to research. weighted deduction under section 2010-11” at Lucknow
The weighted deduction under 35(2AB) is being proposed to be
section 35(i)(ii) and (iii) has been
proposed to be enhanced from
125% to 175%. Moreover, the scope
of research has been extended from
scientific research to include
research in social science and
statistical research. He observed that
the amendment proposed in the
computation of exempted profits in
the case of units in Special Economic
Zones (SEZs) with retrospective
effect from 1st April 2006 was a
welcome move.
Budget 2010-11 on 5 March 2010 Shri Hooda advocated the possible. None of the decisions must
at Lucknow. The Session was inter continuous regulatory review of be taken at levels higher than the
alia attended by Dr A K Singh, policy since all the policies are level at which they ought to be
D i r e c t o r, G i r i I n s t i t u t e o f necessarily temporal in nature. He appropriately taken.
Development; Dr Arvind Mohan, was of the view that with an
Senior Economist; Shri Pankaj increasingly well informed and Speaking on the occasion, Shri Navin
Agarwal, Past Chairman, ICAI, educated citizenry, a constant re- Agrawal, Executive Director, KPMG
L u c k n o w ; D r B J o s h i , C E O, look at the existing rules and said that good governance aims at
Innovative Management; Shri S M regulations, and re-engineering of bringing in security, sustainability
A Rizvi, General Manager, Indo Gulf the same is required with the change and predictability to social, political
Fertilizers Ltd; Shri Sudhaker Tiwari, in time. He called for fundamental and economic affairs. Shri Agrawal
Consultant, Indo Gulf Fertilizers rethinking about the government further said that it is important to
Ltd, Shri S K Tiwari, Director, IMRT working. have definite time lines.
and Shri M P Singh, Larsen &
Toubro Ltd. To bring in transparency, the Chief Shri R I Singh, Chief Information
Minister informed that the Haryana Commissioner, Punjab, delving into
Seminar on 'Good Governance Government has taken certain the issue said that rather than asking
2010' at Chandigarh initiatives like self certification, for good governance, the citizens
should put a demand for good
governance by putting up a solid
value system. And the State should
limit its size of operations to
essentials of governance only.
Khanna, Past President; Shri Yoginder Shri M K Mirani, discussed on the 2010 at PHD House, New Delhi. The
Dewan, Shri R S Sachdeva, Co- indirect tax proposals and informed objective of the Seminar was to
Chairman, Punjab Committee; Shri that in the area of income tax educate the participants about the
Pranav Gupta, Co-Chairman, Haryana simplified form is being introduced ways and means through which
Committee; Shri N S Aulakh, (saral 2). organisations can improve their
Convener, Mohali Zone, PHD profitability and reduce costs of
Chamber, also attended the Seminar. Shri Vishnu Agarwal complimented business operations by minimising
on the focus being given to or preventing potential losses on a
“Panel Budget Discussion strengthen the rural grant fund, skill daily basis. Mr Motti Levin, CEO and
2010-11: Impact on Growth and development and drought Mr. Erik Kerten, General Manager,
Development” management fund. Maman Group Ltd, Israel were the
lead speakers at the Seminar.
Additional Secretary General, PHD R K Razdan, Managing Director, Chief Minister, make efforts for early
Chamber, welcomed the delegation SICOP were also present. extension of North Eastern Package
and apprised them about the to J&K covering the service sectors like
Chamber and its activities. Shri Vikrant Kuthiala, Chairman, J & hotels, hospitals, tourism, etc. He also
K Committee, PHD Chamber stated that issues highlighted by PHD
Informing about the Veneto region, presented a memorandum to the Chamber would receive due
the delegation members mentioned Minister regarding various measures consideration and would be resolved
that the region was strong in required for removal of bottlenecks, expeditiously.
tourism with about 60 million which interalia included inadequate
people visiting every year. It made a road connectivity, creation of grid Shri Vikrant Kuthiala complimented
significant contribution to the world stations, need for power sector the Chief Minister and his Cabinet
production of sports shoes, reforms and formulation of policy colleagues for extension of Central
eyewear, marble, clothing, etc. on skill development to increase the Excise package.
Veneto is well established in the employability of youth in the State.
sector of food processing also. It was Seminar on “Applicability of
felt that there were opportunities for Shri Slathia informed that the State EPF & MP Act - Members'
bilateral cooperation in food Cabinet has taken a decision to Services and Exemption”
processing, waste management, construct a canal from Thein Dam to
nano technology, etc. The delegates
informed that they were having
discussions with the Government of
Maharashtra for the development of
a technology park, a part of which
would be for the nano-technology in
the health sector.
The seminar was also addressed by Shri techniques in his lecture. The lecture enthusiastic supporters showcasing
Ravi Wig, Past President; Shri R P was well attended. The programme their concern for the imperative
Jhalani, Chairman, HR & IR Committee, was followed by a high tea cause.
PHD Chamber; Shri Lalit Bhasin, sponsored by Dr. Lalit Khaitan,
Managing Partner, Bhasin & Company; Chairman, Delhi & NCR Committee, Subsequent to the meeting Shri
Shri Sushil Kumar Jain, Director, PHD Chamber. Ashok Kajaria called upon His
Pioneers eServices Pvt. Ltd. and Shri Holiness Sri Sri Ravi Shankar Ji on 18
Bharat S Mehta, Co-Chairman, HR & IR 'Meri Dilli Meri Yamuna’ March 2010 at 6 Sardar Patel Marg,
Committee, PHD Chamber. The New Delhi. Smt Kajaria, Mr. Rajnish
Seminar was well attended by PHD Chamber has offered its Goenka and Ms. Shilpa Gupta also
around 85 participants. Shri Ashish support to the 'Meri Dilli Meri accompanied him to discussed the
Wig, Chairman, Builders' Association Yamuna' - Citizen Action Plan, an future plan of action.
of India (Haryana Chapter) and Co initiative taken by the Art of Living
Chairman Infrastructure Committee, Foundation under the aegis of His Ambassadors' Meet
PHD Chamber hosted the lunch on Holliness Shri Shri Ravi Shankar Ji.
the occasion. The Citizen Action Plan was On 19 March 2010, PHD Chamber
inaugurated on16 March 2010 at organised an annual event, The
Lecture on 'Top Management Purana Qila, New Delhi. Ambassador's Meet, at PHD House,
Audit on Lean Manufacturing' New Delhi.
by Chairman, Kaizen Institute Shri Salil Bhandari, Senior Vice
President, Shri Rajneesh Goenka, The meet provided an excellent
(India) Pvt Ltd.
platform to members to build
connections with the foreign
diplomats so as to further their
international linkages. The meet was
well attended by over 50 diplomats
including Ambassadors/ High
Commissioners/Counselors from
countries like Argentina, Armenia,
Belarus, Botswana, Brunei
Darussalam, Cuba, China, Ecuador,
Ethiopia, Gambia, Germany, Ghana,
Hungary, Indonesia, Italy, Kyrgyz
Republic, Pakistan, Papua New
Guinea, Paraguay, Poland, Russia,
Slovak, Suriname, Syria, Tajikistan,
Ta i w a n , U S A , U k r a i n e a n d
Mr Massaki Imai, Chairman, Kaizen Institute (India) Pvt Ltd delivered a lecture on
Uzbekistan.
'Top Management Audit on Lean Manufacturing'. Also seen Ms. Susmita Shekhar,
DSG; Shri Salil Bhandari, Senior Vice President, PHD Chamber and Shri Ashok Puri,
Director Kaizen Institute (India) Pvt Ltd. Senior Government officials from
various ministries/departments i.e.
Mr Massaki Imai, Chairman, Kaizen Chairman, Membership Services and C o m m e r c e , H o u s i n g , Po w e r,
Institute (India) Pvt Ltd delivered a Development Committee, Shri Lalit Railways, Road Transport, etc.
lecture on 'Top Management Audit Khaitan, Chairman, Delhi participated in the meet. Several
on Lean Manufacturing' on 19 Committee, Shri Ashok Khanna, Past other dignitaries including senior
February 2010 at PHD House, New President, Shri G S Singhvi, Member, former diplomats and
Delhi. Mr Masaaki Imai is a Managing Committee and Ms. representatives from international
consultant in the field of quality Shilpa Gupta, Secretary, Membership organizations were also present.
management and is known as the Services and Development
Committee, PHD Chamber shared More than 150 members along with
“Lean Guru” and the father of
the stage with His Holiness on the their spouses made the most of this
Continuous Improvement (CI). He
occasion. It marked the beginning of opportunity to interact with the
has been a pioneer and leader in
a series of events aimed at creating diplomatic community.
spreading the Kaizen philosophy all
over the world. awareness for the cleaning of river
The event was sponsored by CHL
Yamuna. The event was well
Ltd., Kajaria Ceramics and RRB
Mr Imai discussed the Kaizen attended by hundreds of
Energy Ltd.
Glimpses of Ambassadors’ Meet 2010
PHD Chamber Bulletin • March 2010 19
Policy Pronouncements
India imposed 15 anti-dumping duties in 2009-10:
As many as 15 anti-dumping duties have been
imposed in the first 11 months of the current fiscal
with the maximum on Chinese goods, Minister of
State for Commerce and industry Shri Jyotiraditya
Scindia informed the Rajya Sabha. The countries on
which the duty has been imposed include China,
Taiwan, Korea, Thailand, Malaysia, the US and the UK.
The anti-dumping duties imposed are mostly on
products such as fabrics, industrial chemicals, auto
parts, electronic items and machineries. Against
China, the products on which the anti dumping duty
was imposed includes television picture tubes,
ceramic tiles, tyre curing presses, carbon black, radial
tyres and certain stainless steel products.
........................................................
Contributed by Shilpa Gupta
Sr. Asst. Secretary, PHD Chamber
PHD Chamber Bulletin • March 2010 18
20
The following changes are proposed in the Finance Bill, 1. The scope of the taxable service 'Air Passenger
2010 [refer clause 75 of the Finance Bill, 2010]: Transport Service' [section 65 (105) (zzzo)] is being
expanded to include domestic journeys, and
(A) Service Tax is proposed to be levied on the eight international journeys in any class.
new services (tax will come into force from the
2. Presently the taxable service, 'Information
date to be notified after the enactment of the
Technology Software Service' [section 65 (105)
Finance Bill, 2010).
(zzzze)] is subjected to tax only in cases where such
IT software is used for furtherance of business or
The new services are,-
commerce. The scope of the taxable service is being
1. Services of promoting, marketing or organizing of
expanded to tax such service even if the service
games of chance, including lottery [Section 65 (105)
provided is used for purposes other than business or
(zzzzn)].
commerce.
2. Health services, namely:
3. An Explanation is being added in the definition of
health check up undertaken by hospitals or medical the taxable service 'Commercial Training or Coaching
establishments for the employees of business Service' [section 65 (105) (zzc)] to clarify that the
entities; and health services provided under health term 'commercial' appearing in the relevant
insurance schemes offered by insurance companies. definitions, only means that such training or
[Section 65 (105) (zzzzo)] coaching is being provided for a consideration,
whether or not such training or coaching is
[The tax on these health services would be payable
conducted with a profit motive. This change is being
only to the extent payment for such medical check
given retrospective effect from 01.07.2003.
up or preventive care or treatment etc. is made
directly by the business entity or the insurance 4. In the definition of the taxable service 'Sponsorship
company to the hospital or medical establishment]. Service' [section 65 (105) (zzzn)], the exclusion
relating to sponsorship pertaining to sports is being
3. Services provided for maintenance of medical
removed.
records of employees of a business entity [Section 65
(105) (zzzzp)]. 5. In the definition of the taxable services 'Construction
of Complex service' [section 65 (105) (zzzh)], and
4. Services of promoting of a 'brand' of goods, services,
'Commercial or industrial construction service'
events, business entity etc [Section 65 (105) (zzzzq)].
[section 65 (105) (zzq)] by way of Explanation, it is
5. Services of permitting commercial use or being provided that unless the entire consideration
exploitation of any event organized by a person or for the property is paid after the completion of
organization [Section 65 (105) (zzzzr)]. construction (i.e. after issuance of completion
certificate by the competent authority), the activity
6. Services provided by Electricity Exchanges [Section
of construction would be deemed to be a taxable
65 (105) (zzzzs)].
service provided by the builder/promoter/developer
7. Services related to two types of copyrights namely, to the prospective buyer and the service tax would
(a) cinematographic films; and (b) sound recording be charged accordingly.
[Section 65 (105) (zzzzt)].
As this amendment is being made by inserting an
8. Special services provided by a builder etc. to the Explanation, hence disputes may arise, whether it
prospective buyers such as providing preferential will have prospective or retrospective effect.
location or external or internal development of
6. Amendments are being made in the definition of the
complexes on extra charges [Section 65 (105)
taxable service 'Renting of immovable property'
(zzzzu)].
[section 65 (105) (zzzz)] to,-
(B) Alteration of Expansion in the scope of existing
(i) provide explicitly that the activity of 'renting' itself is
services (tax will come into force from the date to
a taxable service. This change is being given
be notified after the enactment of the Finance Bill,
retrospective effect from 01.06.2007; and
2010).
(ii) provide that renting of vacant land, where the
In the case of following existing taxable services, the
agreement or contract between the lessor and lessee
scope has been altered either to expand their scope
provides for undertaking construction of buildings
or to remove certain difficulties that have been faced
or structures on such land for furtherance of
during tax implementation. These changes are as
business or commerce during the tenure of the
follows,-
lease, shall be subjected to service tax
PHD Chamber Bulletin • March 2010 21
7. The definitions of the taxable services, namely the has been paid [Refer Notification No. 2/2010-ST,
'Airport Services' [section 65 (105) (zzm)], the 'Port dated 27.02.2010 & Notification No.17/2010-ST,
Services' [section 65 (105) (zn)] and the 'Other Port dated 27.02.2010 + Notification No. 17/2010-CE
Services' [section 65 (105) (zzl)] are being amended dated 27.02.2010 + Notification No. 31/2010
to provide that,-. Custom, dated 27.02.2010].
(i) all services provided entirely within the airport/port 4. Vocational training exemption has been made
premises would fall under these services; and limited to the institute or the centre affiliated with
the National Council for Vocational Training (NCVT)
(ii) an authorization from the airport/port authority
and providing courses in designated trade as
would not be a precondition for taxing these
notified in the Apprentice Act, 1961 [Refer
services.
Notification No. 3/2010-ST, dated 27.02.2010].
8. An explanation is being added in the definition of
5. Transport of food grains and pulses by road in a
the taxable service 'Auctioneer's Service' [section 65
goods carriage has been fully exempted from the
(105) (zzzr)] to clarify that the phrase 'auction by
levy of Service tax w.e.f. 27.02.2010 [Refer
government' means an auction involving sale of
Notification No. 4/2010-ST, dated 27.02.2010].
government property by any auctioneer and not
when the government acts as an auctioneer for sale 6. Exemption from service tax for Group Personal
of the private property. Accident Scheme provided by Govt. of Rajasthan to
its employees, under General Insurance Service is
9. The definition of the taxable service 'Management of
withdrawn [Refer Notification No. 5/2010-ST, dated
Investment under ULIP Service' [section 65 (105)
27.02.2010].
(zzzzt)] is being amended to provide that the value
of the taxable service for any year of the operation of 7. Exemption for transportation of essential
policy shall be the actual amount charged by the commodities by Railways w.e.f. 01.04.2010 [Refer
insurer for management of funds under ULIP or the Notification No. 8/2010-ST, dated 27.02.2010].
maximum amount of fund management charges
8. Abatement of 70% of transportation of goods by
fixed by the Insurance Regulatory & Development
Government Railways w.e.f. 01.04.2010 [Refer
Authority (IRDA), whichever is higher.
Notification No. 9/2010-ST, dated 27.02.2010].
10. Separately provide definition of the term 'business
9. Exemption from service tax is provided to the
entity' so as to include an association of persons,
'Technical Testing and Analysis Service' and 'Technical
body of individuals, company or firm but to exclude
Inspection and certification service' provided by
an individual.
Central and State seed testing laboratories, and
(C) Transport of goods by rail taxable w.e.f. Central and State seed certification agencies [Refer
01.04.2010 Notification No.10/2010-ST, dated 27.02.2010].
Transport of goods by rail (except some essential 10. Exemption from service tax is provided to the
goods) is subject to Service tax w.e.f. 01.04.2010. transmission of electricity [Refer Notification
[Refer: Notification No. 7/2010-ST, dated No.11/2010-ST, dated 27.02.2010].
27.02.2010 & 8/2010-ST, dated 27.02.2010]
11. Exemption from service tax is provided to services
(D) Changes in the other provisions of the Finance relating to 'Erection, Commissioning or Installation'
Act, 1994 (changes will come into force from the of,-
date of enactment of the Finance Bill, 2010).
4 Mechanized Food Grain Handling Systems etc.;
Inserted an explanation in sub-section (3) of Section 4 Equipment for setting up or substantial expansion of
73 to clarify that no penalty shall be imposed where cold storage; and
service tax along with interest has been paid before 4 Machinery/equipment for initial setting up or
issuance of notice by the department. substantial expansion of units for processing of
agricultural, apiary, horticultural, dairy, poultry,
(E) Changes made through Notifications
aquatic, marine or meat products [Notification
1. Compulsory e-filing of return those who are paying No.12/2010-ST, dated 27.02.2010].
service tax in a year Rs. 10 lacs or more (w.e.f.
12. Exemption from service tax is provided to Indian
01.04.2010) [Refer Notification No. 1/2010-ST,
news agencies under 'Online Information and
dated 19.02.2010].
Database Retrieval Service' and 'Business Auxiliary
2. Compulsory e-payment of taxes through internet Service' subject to specified conditions (Refer
banking those who are paying tax in a year Rs. 10 Notification No.13/2010-ST, dated 27.02. 2010].
lacs or more (w.e.f. 01.04.2010), earlier limit was Rs.
13. Service tax levy on taxes levied by the Government
50 lacs [Refer Notification No. 1/2010-ST, dated
(including levied by foreign Government) on the
19.02.2010].
passenger traveling by Air w.e.f. 27.02.2010 is
3. Packaged or canned software has been fully excluded from taxable value, if shown separately in
exempted from the levy of Service tax w.e.f. invoice [Refer Notification No. 15/2010-ST, dated
27.02.2010 provided that duty of excise or custom 27.02.2010].
PHD Chamber Bulletin • March 2010 22
14. Notification No.1/2002-ST dated 01.03.2002 is Taxation of Services (Provided from Outside India &
replaced to provide that the construction and Received in India) Rules, 2006.
operation of installations, structures and vessels for
[Refer Notification No. 16/2010-ST, dated
the purposes of prospecting or extraction or
27.02.2010].
production of mineral oils and natural gas in the
Exclusive Economic Zone and the Continental Shelf (H) Cenvat Credit Rules-\
of India and supply of any goods connected with
(a) Amendment in the Notification No. 05/2006-CE
these activities would be within the purview of the
(NT), dated 14.03.2006 with retrospective effect
provisions of Chapter V of the Finance Act, 1994.
from 14.03.2006 to remove anomalies and speedy
[Refer Notification No. 14/2010-ST, dated refund to exporters (refer to clause 73 of the Finance
27.02.2010]. Bill, 2010 shall be enforced on enactment of the
Finance Bill, 2010). The 'Form A' appended to that
(F) Export of Services-
Notification has also been suitably amended
The taxable service, namely 'Mandap Keeper Service'
[Refer Notification No. 07/2010-CE (N.T.), dated
has been shifted from the list under rule 3(1) (ii) [i.e.
27.02.2010].
performance related services] to the list under rule
3(1)(i) [immovable property related services] and (b) Central Excise Rules 1944, Cenvat Credit Rules 2001,
three taxable services, namely 'Chartered Cenvat Credit Rules 2002 and Cenvat Credit Rules
Accountant Services', 'Cost Accountant Services' and 2004 are being amended retrospectively from 1st
'Company Secretary's Services', have been shifted September 1996 to 31st March 20008 to provide for
from the list under rule 3(1) (ii) [i.e. performance reversal of credit or payment of equivalent amount
related services] to the list under rule 3(1)(iii) attributable to the inputs used in or in relation to the
[residual category of services]; excisable goods on which no central excise duty is
payable. The provisions would apply only to such
The condition prescribed under rule (2) (a) i.e. 'such
manufacturers where the disputes are pending as on
service is provided from India and used outside India'
the day the Finance Bill 2010 is enacted.
has been deleted;
[Refer to clause 70, 71 & 72 read with Schedule 6, 7
As the Notification No. 1/2002-ST, dated 01.03.2002
& 8 of the Finance Bill, 2010, shall be effective on
is replaced, changes have been made in the
enactment of the Finance Bill 2010.].
definition of the term 'India' appearing in the Export
of Services Rules, 2005. (c) CENVAT Credit Rules are amended to :
[Refer Notification No. 6/2010-ST, dated (i) allow credit of Cenvat duty paid on Capital Goods in
27.02.2010]. the year of receipt itself to the manufacturers
eligible to avail of the exemption under notification
(G) Import of Services-
no. 8/2003-Central Excise dated 01.03.2003;
The taxable service, namely 'Mandap Keeper Service'
(ii) allow accelerated reduction in cenvat credit required
has been shifted from the list under rule 3(1) (ii) [i.e.
to be reversed on clearance of used computers and
performance related services] to the list under rule
computer peripherals;
3(1)(i) [immovable property related services] and
three taxable services, namely 'Chartered (iii) allow availment of credit on jigs, fixtures, moulds
Accountant Services', 'Cost Accountant Services' and and dies sent to a vendor;
'Company Secretary's Services', have been shifted
(iv) allow cenvat credit on inputs used in the manufacture
from the list under rule 3(1) (ii) [i.e. performance
of goods supplied to mega power projects from which
related services] to the list under rule 3(1)(iii)
power has been tied up through tariff based
[residual category of services];
competitive bidding or the project has been awarded
As the Notification No. 1/2002-ST, dated 01.03.2002 through tariff based competitive bidding
is replaced, changes have been made in the
(v) create parity in penal provisions for wrong availment
definition of the term 'India' appearing in the
of credit in respect of goods and services.
....................................................................................................
*FCA, FCS, LLB, Advocate, Supreme Court & Delhi High Court
Chairman, Indirect Tax Committee, PHD Chamber.
PHD Chamber Bulletin • March 2010 24
One day workshop on One day workshop on “Finance for Retail Ltd explained the purpose and
“Preparing Bankable Project Non-Financial Managers” was use of accounts; main elements of a
Reports” organised on 18 February 2010 at balance sheet and a profit & loss
statement, budgets and budgetary
control and working capital
management strategies.
UNDP-GEF-SGP Project, New Water Harvesting Projects was done by the Sarpanch and the
Rajasthan launched in Rajasthan local villagers.
PHDFWF_Health Posts during the following week to ensure Escorts Hospital, New Delhi with the
vaccination of total child population help of RIWCT. The boy underwent
A free cataract eye check up camp of the area. the heart surgery and his two valves
was organised at Pandav Nagar have been replaced successfully.
Health post on 25 February 2010. PIF Mobile Medical Van
Around 44 people have participated During last month seventeen health
in the programme and eight positive During one of the Van's regular visits camps have been organised in the
cases have been referred to the local to village Satheri, Khatoli of Uttar villages of Uttar Pradesh, Haryana,
h o s p i t a l s . T h e H e a l t h Po s t s Pradesh, a young boy (Monu) aged Rajasthan and slums of Delhi.
participated in the Pulse Polio 14 years was found suffering from Around 2,563 patients were
immunization programme. Around cardiac valve disease (Rheumatic examined. Free diagnostic care,
4,900 children were vaccinated. heart disease). The Medical van staff clinical services and medicines were
Door to door visits were conducted arranged for his free treatment at provided to the patients.
***
ASHOK V JAGTIANI
KISHORE V JAGTIANI
RAKESH A JAGTIANI
O. E. EXPORTS O. E. EXPORTS
ORIENTAL HOUSE, 17-A/43, W.E.A.
3-A, GOKHLEY MARG OPP-JESSA RAM HOSPITAL
LUCKNOW-226001 KAROL BAGH,NEW DELHI-110005
TEL:91-522-209719-21 TEL:91-11-45034649, 41546051