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Contents

PHD
CHAMBER Vol No. XXXX No.3 President Writes ...............................................................5

BULLETIN March 2010


Activities ...........................................................................7

Policy Pronouncements .....................................................19

A monthly news bulletin


Highlights of Budget-2010 :- Service Tax
of PHD Chamber - J.K. Mittal ...................................................................... 20

President
PHD-KAF Cooperation Project .......................................... 24
Shri Ashok Kajaria

Senior Vice President Socio Economic Activities ................................................25


Shri Salil Bhandari

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.

PHD CHAMBER OF COMMERCE AND INDUSTRY


PHD House, 4/2 Siri Institutional Area, August Kranti Marg, New Delhi-16,
Phone : 91-11-26863801-04 Fax : 91-11-26855450, 26863135 Email : phdcci@phdcci.in Website : www.phdcci.in
PHD Chamber Bulletin • March 2010 5

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.

There are issues and concerns which will gradually be


resolved. Inflation continues to ride high and has
touched 9.89 per cent in February. It is anticipated that it
might touch double-digit level next month. RBI's action
of increasing the repo rate signals a tight monetary
framework for some more time. I concur that the private
demand has just picked up; increase in interest rate will
certainly affect the housing and the automotive sectors
which are the key drivers of growth in the economy. For
sure, RBI wants to manage demand-linked inflation
trend. However, to me it sounds like beginning of high
interest rate regime. ” 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
Meanwhile the 13th Finance Commission for 2010-15 aspirations of the “aam aadmi” through social sector
headed by Shri Kelkar has recommended a model GST programmes even while striving to revive growth in the
economy and addressing the problem of fiscal deficit.
structure that includes features such as single rate, zero
rating of exports, and inclusion of various indirect taxes

at the central and state level in GST ambit, major Now, I will like to apprise you on some of the
rationalization of the exemption structure and also on events that Chamber has conducted successfully this
the distribution mechanism amongst the States. Both month. We have had Post Budget Interactive Session
the Centre and the states should reach consensus to reap on 'Implications of Union Budget 2010' in Delhi and
the 'Grand Bargain' by implementing the moderate, just similar sessions in States of Rajasthan, UP and MP. A
and fair GST regime. We trust that the government will Seminar on Good Governance was conducted in
give adequate opportunity for public debate before Chandigarh whereat Shri Bhupinder Singh Hooda,
implementing GST. It is critical yet necessary to build Chief Minister, Haryana was the Chief Guest. Members
consensus among all the States on this issue. I have also had a chance to interact with the German
compliment the Government for assuring industry on its Ambassador and offcourse the Ambassadors' Meet was
decision to come out with a revised Direct Taxes Code a success. We called upon Shri TKA Nair, Principal
(DTC) Bill and seeking the views and comments of cross Secretary to Prime Minister. Chamber is also supporting
section of the society at large before finalizing it, the initiative taken by His Holiness Shri Shri Rravi
although I understand that it would be for a short period Shankar Ji to clean Yamuna under a citizen action plan
only. Such a vital policy framework which concerns all called 'Meri Delli, Meri Yamuna'.
should certainly be well conceived, premeditated and
There are many more such events in the pipeline. I am
thoroughly discussed. We at the Chamber will be keen to
keen on involving our membership at large in the
contribute constructively to the process.
activities and the functioning of the Chamber. I look
Another concern which is specific to the National Capital forward to your views and suggestions. I represent all
Territory of Delhi is 33 percent increase in the Minimum the member colleagues and would conclude by
Wages. Some feel that it is a way of sending the industry quoting Napoleon Bonaparte. He said that 'the art of
out of Delhi, whereas I feel that this could be a softer choosing men is not nearly as difficult as the art of
measure taken by the government to compensate for the enabling those one has chosen to attain their full
general price rise but will perhaps result in inflation worth'. I wish we endeavour towards a healthier,
which the monetary policy of RBI seeks to contain, as it optimistic and buoyant framework
will result in demand for higher wages and salaries at all around us.
the levels and in all the sectors. Ashok Kajaria
PHD Chamber Bulletin • March 2010 7

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.

Shri Salil Bhandari gave the


concluding remarks and proposed a
vote of thanks on the occasion.

Union Budget Viewing Session


at Bhopal

PHD Chamber organised Union


Budget Viewing Session on 26
February 2010 at Bhopal. The
session was attended by Shri Sanjay
Khandelwal, President; and Shri C B
Malpani, Secretary, Mandideep
Industries Association, Mandideep
(Raisen); Shri Yogesh Goel, Vice
Shri Salil Bhandari, Senior Vice President PHD Chamber; Shri M K Zutshi, Former
President, Govindpura Industries
Chairman, CBEC; Shri Ashok Kajaria, President, PHD Chamber; Prof. Charan D.
Wadhva, Professor Emeritus, CPR; Shri R V Kanoria, Chairman, Economic Affairs Association; Shri M K Deb,
Committee and Shri S Kapur, Additional Secretary General, PHD Chamber Chairman, M P Windfarm Ltd; Shri
Chander Lalchandani, Builder,
PHD Chamber organised the Union Expressing similar views both Shri R Bhopal; Shri R K Tripathi, (IPS) Retd.
Budget Viewing Session and Panel V Kanoria and Dr Charan Wadhwa Additional. Director General of
Discussion on 26 February 2010 at said that the Budget had a number Police, Bhopal; Shri L S Hardenia,
PHD House, New Delhi, with the of positives which would help the Economic Journalist, Bhopal; Shri
purpose of ascertaining the views of economy to move to a higher Zamaluddin, General Manager,
members on the implications of the growth trajectory. The favourable Press Trust of India, Bhopal; Ms
Budget on the industry and economy. features of the Budget included a Anurita Pagare, Representative of
move towards fiscal consolidation, UNICEF (Bhopal); Shri Jacob Mani,
The Budget Viewing Session and ensuring fiscal transparency, putting CEO, HEG Ltd, Mandideep (Raisen);
Panel Discussion was attended by a restraint on non-plan expenditure, Shri D K Mittal, CEO, Vardhman
Shri Ashok Kajaria, President; Shri better targeting of subsidies, accent Fibres, Budni (Sehore).
Salil Bhandari, Senior Vice President; on innovation, raising slabs on
Shri R V Kanoria, Chairman, personal income tax, among others. BTV, a Madhya Pradesh based
Economic Affairs Committee and Shri J K Mittal observed that the news channel, covered the
Shri J K Mittal, Chairman, Indirect Budget was growth orriented, meeting and participants were
Taxes Committee, PHD Chamber. balanced with many welcome interviewed.
PHD Chamber Bulletin • March 2010 8

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.

The speakers included Dr. J S Juneja,


Chairman, Global Projects and
Services (P) Ltd and Special Invitee,
Managing Committee, PHD
Chamber; Shri Mukesh Gulati,
Shri R K Saboo, Past President, PHD Chamber commenting on the Union Budget
Executive Director, Foundation of
2010-2011. Also seen are: Shri Vikram Sahgal, Chairman, Chandigarh Committee;
Shri Ashok Khanna, Past President; Shri Satish Bagrodia, Immediate Past President, MSME Clusters, New Delhi; Dr Rajesh
PHD Chamber; Ms. Sudha Sharma, Chief Commissioner, Income Tax (Retd.), Shri Kothari, Director, Poddar Institute of
Amarjit Goyal, Member, Managing Committee and Shri Dalip Sharma, Regional Management, Jaipur; Prof. Rajesh
Director PHD Chamber. Mehratra, Head, Centre for
Management Studies, Jaipur
PHD Chamber organised Union February 2010 at Lucknow. The Meet National University and Ms Malti Jain,
Budget Meet on 26 February 2010 at was attended by various Resident Director, PHD Chamber,
PHD House, Chandigarh. Besides industrialists, economists, chartered Jaipur.
members of the Chamber, members accountants and members of the
of the Bar Associations, Chartered Chamber. The gathering discussed Dr J S Juneja, in his theme
Accountants, Company Secretaries, the positive proposals and concerns presentation on 'Strenghthening
academicians, Tax consultants were arising for the Budget 2010-11. Issues SMEs in Rajasthan', highlighted the
also present on the occasion. Shri like hike in duty on petrol and diesel, need for SMEs to enhance their
Vikram Sahgal, Chairman, increase in MAT, direct tax rates, tax competitiveness in the context of
Chandigarh Committee and Shri reforms etc were discussed. globalisation. He further mentioned
Madhu S Vij, Co-Chairman, that the sector has the capability of
Chandigarh Committee hosted the Workshop on 'Survival of emerging as the engine of growth
lunch on the occasion. The event SMEs in Rajasthan in the for the country.
was widely covered by print and Changing Global Scenario'
electronic media. However, the sector finds itself
at Jaipur
constrained from utilizing its full
Union Budget Viewing Session potential on account of problems
PHD Chamber organised a two day
at Lucknow accruing from lack of finance,
workshop on 'Survival of SMEs in
absence of marketing support, rigid
government policy, paucity of
infrastructure including power,
technological obsolescence, etc. He
made a brief mention about the
various schemes of the Central and
the State Governments meant for
capacity building among MSMEs
and suggested that the government
should change its mindset from that
of a regulator to a facilitator of
business.

(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

budget proposals were balanced


and pro-growth, with many
welcome measures like automation
of Central Excise and Service Tax,
amendment to the Settlement
Commission which will ultimately
reduce litigation and facilitate
quicker tax recovery, facility of 100%
tax credit in the first year and also
quarterly payment of duty for SSI
units, etc.

Shri Manu Verma, Co-Chairman,


Indirect Taxes Committee, PHD
Chamber, made a presentation on
Workshop on 'Survival of SMEs in Rajasthan in the Changing Global Scenario’
issues relating to excise, custom and
service tax. He also explained some
government institutions and Post Budget Interactive of the key concerns like service tax
mentioned that the expectations Session on 'Implications of on construction, renting of
from the government had Union Budget 2010’ immovable property, information
undergone a change in the post
liberalization period.

Dr Rajesh Kothari, felt that the SMEs


should look out for opportunities in
the sunrise sector as this is the
segment which offers maximum
potential. He said new opportunities
lie in both basic, essential and critical
sectors. He then introduced the
concept of building brands which
according to him has a high
retention value and makes entry
hassle free. He said that quality,
availability and pricing create a
brand.

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.

Shri Vohra highlighted that the


housing sector which has faced
adverse repercussions due to global
recession has been given a boost by (L-R): Brig. Amitabha, Resident Director, PHD Chamber; Dr A K Singh-Director, Giri
relaxing the time limit for Institute of Development; Dr Arvind Mohan, Senior Economist; and Shri M P Singh,
completion of the pending projects, Manager Business Development, Larsen & Toubro.
from 4 years to 5 years. Further,
ceiling regarding built-up area of enhanced from 150% to 200%. PHD Chamber organised a Post
shops and other commercial This will incentivise the corporate Budget Discussion on the Union
PHD Chamber Bulletin • March 2010 11

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.

Shri S K Sehgal, Chief General


Manager, State Bank of India,
speaking on 'Challenges before the
Corporate World', stressed that
ethical transactions would lead to
good governance in the corporate
sector. In corporate governance,
there can not be a written code of
conduct, it comes from within.

Summing up, Shri Rajiv Bali,


Shri Salil Bhandari, Senior Vice President, PHD Chamber presenting a bouquet to
Chairman, Punjab Committee, PHD
Shri Bhupinder Singh Hooda, Chief Minister, Haryana.
Chamber, said that effective and
transparent communication, easy
PHD Chamber in association with comprehensive labour policy, access to information, advertisement
KPMG organised a Seminar on 'Good Investment Promotion Act, campaigns regarding policies and
Governance 2010' on 6 March 2010 infrastructure development through programmes of the government,
at PHD House, Chandigarh. Shri PPP mode, land acquisition policy mass contact programmes,
Bhupinder Singh Hooda, Chief and R&R Policy amongst others. initiatives at the grass root levels, all
Minister, Haryana was the Chief inclusive initiatives could certainly
Guest on the occasion. Earlier, Shri Salil Bhandari, Senior lead to good governance.
Vice President, PHD Chamber, while
Shri Bhupinder Singh Hooda, in his welcoming Shri Hooda, said that Dr Pramod Kumar, Chairman, Punjab
address, said that good good governance is much larger Administrative Reforms Commission;
governance aims at securing than mere administrative reforms in Shri S S Channy, Principal Secretary,
justice, equality, empowerment, the conventional sense of the term Industries, Punjab; Shri Akhil Bansal,
employment and efficient delivery as it covers much more. Good COO, KPMG; Shri Vivek Atray, Senior
of services. He said that good governance has much to do with the Advisor, Advisory Services, KPMG
governance requires a culture of ethical grounding of governance also spoke on the occasion.
transparency and accountability. and must be evaluated with
Government procedures need to be reference to specific norms and Shri Chhatar Singh, Principal Secretary
transparent and timely. He said objectives as may be laid down. Shri to Chief Minister, Haryana, Shri Rajeev
that good governance has all the Bhandari said that legislative, Arora, MD, HSIIDC also graced the
three aspects of governance viz executive and administrative actions occasion. Shri Satish Bagrodia,
judicial, executive and legislative. must be decentralised as much as Immediate Past President; Shri Ashok
PHD Chamber Bulletin • March 2010 12

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.

During his welcome remarks, Shri P


D Agarwal, Chairman, Industry
Affairs Committee, PHD Chamber
said that the security and the loss
prevention is crucial to minimise
operating costs of business
especially in this era of liberalization
and globalization of the Indian
economy wherein the corporate
sector has started feeling the heat of
competition. He said that concerted
efforts should be made to save costs
accruing through shrinkages,
overstocking & inventories, non-
availability of the right data at the
Shri Vishnu Agarwal, Managing Director, Technical Associate addressing the
right time, etc. Managers must
participants.
focus on identifying losses at an
early stage, involve members of staff
PHD Chamber, in association with Seminar on 'Augmenting Firm in a loss prevention strategy,
Lucknow Management Association Level Competitiveness investigate and deter losses and
(LMA) organised a Panel Discussion through Security and Loss maximize the benefits of existing
on “Union Budget 2010-11: Impact Prevention’ security systems. The importance of
on Growth and Development” on 6
March 2010 at IIPM, Lucknow. The
panelist were Shri M K Mirani, Chief
Commissioner Income Tax; Shri B R
Tripathi, Chief Commissioner, Custom
and Excise; Shri Vishnu Agarwal, Past
Chairman, Uttar Pradesh Committee
and Managing Director of Technical
Associate; Dr Arvind Mohan, noted
economist. Shri Atul Chandra,
Resident Director, Times of India
moderated the discussion .

Dr Arvind Mohan, during the


discussion said that inflation was
not properly addressed in the
Budget. He was infact of the view Shri R.S. Bedi, Managing Committee Member, PHD Chamber; Mr. Motti Levin, CEO,
felt that the entire exercise was Maman Group of Israel; Shri P D Aggarwal, Chairman, Industry Affairs Committee,
PHD Chamber; Mr. Erik Kerten, General Manager and Ms Shobha Ahuja, Senior
directionless. Economist, PHD Chamber

Shri B R Tripathi emphasized on


PHD Chamber organised a Seminar technology in security and
voluntary compliance by the
on 'Augmenting Firm Level prevention of loss was highlighted
industry and requested that all
Competitiveness through Security and possibilities of implementation
should pay their taxes on time.
and Loss Prevention' on 16 March of ERP solution were discussed.
PHD Chamber Bulletin • March 2010 13

Mr Motti Levin and Mr Erik Kerten,


during their presentations provided
a deep insight into loss prevention
strategy and mentioned that it is a
holistic approach to prevent losses
in all areas such as physical security,
finance, marketing & sales,
personnel, data security, insurance,
logistics, supply chain, etc which
would yield maximum results.

According to Mr. Erik Kerten, around


70% of problems are due to in-
house mismanagement and hence
there proper addressal can provide
benefit to the bottom line of a
company. The approach to tackle
the problem of security and loss
prevention should be a preventive Shri Ashok Kajaria, President, PHD Chamber presenting a bouquet to H.E. Mr.
one. Whenever a problem arises, the Thomas Matussek, Ambassador of Germany.
entire system should be checked and
not just the area where the incident Ambassador of Germany on 22 decided to establish a centre in Pune
has occurred. Both normal and February 2010 at PHD House, New to train the trainers.
irregular activities should be clearly Delhi. He was accompanied by Ms
defined and only those activities Karin Stoll, Minister Counsellor and The focus of cooperation in
which are abnormal should be Head of Economic and Commercial vocational training would be on
checked. Data collation should be Department, Embassy of Germany. training the people at the shop floor
restricted to exact information level. He further stressed on the
required from each department. In his welcome remarks, Shri Ashok need for businesses in both
Besides, technology should be Kajaria, President, PHD Chamber countries to relook at each other,
adapted to suit the specific needs of said that trade and economic particularly in SME sector, which was
the organisation. relations between India and the backbone of both the
Germany were based on the economies.
Some of the other aspects that were complementarities of interests,
highlighted pertained to types of nurtured over a period of time. He During the discussion session, issues
business losses, loss prevention further mentioned that Germany is relating to visas, need for more
principles, areas of investigation, India's second largest trading courses in German language, EU
security technologies, etc. Mr Erik partner in EU accounting for 15% of m o n e t a r y p o l i c y, e t c w e r e
Kerten further said that the loss their exports to EU countries. deliberated upon.
prevention approach should be
adopted as a strategy rather than as While addressing the members, the The vote of thanks was proposed by
a reaction. The presentations were Ambassador stressed on the Smt. Sushma Berlia, Past President,
followed by the floor participation strategic partnership between the PHD Chamber who also sponsored
wherein several issues relating to two countries. He said that there is a the lunch.
security and loss prevention huge scope for bilateral co-
approach were raised. operation, particularly in areas like Meeting with Delegation from
information technology, research & Italy
The Seminar was concluded with a development, insurance, education,
vote of thanks proposed by Shri R S healthcare and infrastructure. A four member delegation from the
B e d i , M e m b e r, M a n a g i n g Veneto region of Italy visited the
Committee, PHD Chamber. The Mr Matussek felt that while there Chamber on 23 February 2010 at
lunch on the occasion was hosted by were tremendous opportunities for PHD House, New Delhi. The
P S Bedi Maman Group. cooperation, there was a need to members of the delegation included
prioritize the areas for bilateral the Director of Economic Promotion
Meeting with Ambassador of cooperation. One important area and Internationalisation Department,
Germany was that of vocational training. In Regional Government of Veneto
this context, he mentioned that Region and the representatives of
PHD Chamber organised a meeting during the recent visit of the the Chamber of Commerce from the
with H E Mr Thomas Matussek, President of Germany to India, it was Veneto Region. Shri S Kapur,
PHD Chamber Bulletin • March 2010 14

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.

Interactive Session with


Minister for Industries &
Commerce, Government of
J&K on 'Sustainable
Industrialisation of Jammu &
Kashmir’ (L-R): Shri Lalit Bhasin; Shri Bharat Mehta; Shri Sushil Kumar Jain; Shri S K
Srivastava; Shri Ravi Wig, Shri Sudhakar Babu and Shri Ashish Wig
PHD Chamber organised an
interaction with Shri S S Slathia, Vijaypur. Welcoming the initiative of PHD Chamber organised a one-day
Minister for Industries and the Chamber, the Minister stated that Seminar on “Applicability of EPF and
Commerce, Government of J&K on his team would work tirelessly to MP Act - Members' Services and
17 February 2010 at Jawahar Lal remove all hindrances to facilitate Exemption” on 12 March 2010 PHD
Nehru Udyog Bhawan, Jammu. Shri rapid industrialization of the State House, New Delhi jointly with
B S Dua, Director, Industries and Shri and would, under the leadership of Employers' Federation of India and
Pioneer eServices Pvt Ltd as the
knowledge partners. The objective
of the Seminar was to discuss the
difficulties being faced by the
members in implementation of the
EPF & MP Act.

Shri S K Srivastava, Additional


Secretary, Ministry of Labour &
Employment and Central Provident
Fund Commissioner was the Chief
Guest. Shri Sudhakar Babu,
Additional Central Provident Fund
Commissioner as well as Senior
officials from EPFO also addressed the
Technical Sessions of the seminar and
(L-R): Shri B S Dua, Director Industries, Jammu & Kashmir, Shri S S Slathia, Minister
for Industries & Commerce and Shri Vikrant Kuthiala, Chairman PHD Jammu & responded to the queries of the
Kashmir Committee members.
PHD Chamber Bulletin • March 2010 15

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.

Government gave a go ahead to the FDI plan of


India Infra Development Fund: The Government
cleared a proposal by India Infrastructure
Development Fund (IIDF), Mauritius, for international
investment in its India fund, which is likely to bring in
foreign direct investment (FDI) of Rs 750 crore in the
country.

Department of Telecommunication not to exclude


the portability charges from telcos' revenue: The
Department of Telecommunications has denied a
request by the Cellular Operators Association of India
(COAI) to let telecom operators exclude the money
they earn by “porting” mobile numbers from their
adjusted gross revenue (AGR).

Dumping duty slapped on stainless steel: India has


imposed anti-dumping duty of up to $2,254 per
tonne on import of certain stainless steel products
from the US, EU, China and other countries.

India may also impose an anti-dumping duty on


import of bus and truck radial tyres to protect domes-
tic manufacturers from surge in cheap shipments
from China and Thailand. The Directorate General of
Antidumping and Allied Duties (DGAD) in the com-
merce ministry has recommended imposition of anti-
dumping duty to the extent of $90 per tyre.

RBI hikes repo and reverse repo rates: The Reserve


Bank of India (RBI) has raised the repo and reverse
repo rates by 25 basis points each with immediate
effect, to 5% and 3.5%, respectively. These are the
rates at which the central bank lends and borrows
overnight money from banks.

........................................................
Contributed by Shilpa Gupta
Sr. Asst. Secretary, PHD Chamber
PHD Chamber Bulletin • March 2010 18
20

HIGHLIGHTS OF BUDGET-2010 :- SERVICE TAX


[Amendments proposed in the Finance Bill, 2010 & other changes]
*Mr. J.K. Mittal

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

PHD-KAF Cooperation Project

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.

One day workshop on “New


Product Development &
Launch”

One day workshop on “New Product


Development & Launch” was
organised on 23 February 2010 at
PHD House, New Delhi. The
programme aimed at equipping the
“Preparing Bankable Project Reports” Programme with Faculty members. participants with the necessary
knowledge and skills, so as to,
A day long workshop on “Preparing PHD House, New Delhi. The enable them to contribute towards
Bankable Project Reports” was programme aimed at enabling the new product development and
organised on 10 February 2010 at participants to appreciate the key launch. Shri Vijay Nagrani,
PHD House, New Delhi. The financial aspects of their role and its Management Consultant and
programme aimed at apprising the importance to the business. Shri F o r m e r G e n e r a l M a n a g e r,
participants on development and Deepak Tandon, Former Professor of Marketing, Glaxo, took sessions on
designing of a viable project report. Finance at IILM Institute of Higher factors that influence companies to
Shri Deepak Tandon, Former Education, Gurgaon; Prof. Pankaj venture into new products, types of
Professor of Finance at IILM Institute Upadhyaya, visiting faculty & new products, planning
of Higher Education, Gurgaon and Former, H.O.D. of M.B.A. (IB) at development and introduction
Shri Alok Kumar, CEO, Mind Bharati Vidyapeeth University, process for new products, business
Xpansion Portfolio Pvt Limited Institute of Management & analysis and marketability factor etc.
conducted sessions on Research, New Delhi; Ms Puja To make the programme interactive
understanding, analysing, planning, Khanna, Director (Finance),Raveena groups were formed who gave
selection, financing and International and Dr. J K Batra, presentations for the development
implementation of a viable project General Manager (Finance & and the launch of their respective
report parameters and Accounts), SRS Entertainment & new products.
interpretation; evaluation of a project
report by a bank and institution
parameters and CMA data
interpretation, calculation of M.P.B.F
and term loan lending proposals. A
case study was interpreted with
respect to term loan project
evaluation and working capital
MPBF evaluation by a bank was
discussed in detail to help SMEs in
making a viable project report in
tune with the requirements of the
banks and other lending agencies.

One day workshop on


“Finance for Non-Financial
Managers” Participants of “Finance for Non-Financial Managers” programme with Shri C M
Krishna, Honorary Advisor, PHD Chamber and Faculty members
PHD Chamber Bulletin • March 2010 25

Socio – Economic Activities

UNDP-GEF-SGP Project, New Water Harvesting Projects was done by the Sarpanch and the
Rajasthan launched in Rajasthan local villagers.

Twenty two SHG Meetings were


organised at different villages in
Alwar District to train villagers on
different schemes of bank, benefits
of plantation, handicrafts, animal
husbandry and different techniques
of agriculture.

PHDRDF- Rotary Projects,


Rajasthan

Twelve SHG meetings and eleven


village committee meetings were
organised to discuss issues relating
to importance of plantation, bank RDF SAIL water project under construction
loans, animal husbandry and
different schemes of agriculture. 1) Construction of a new water 4) SAIL Water Harvesting Project is
harvesting structure has been also nearing its completion.
Nursery Rising started under UNDP project on 21
February 2010 at village Todi kabas, Completed Water Harvesting
During last month preparation of Rajgarh, Alwar. Projects in Rajasthan
bed, nursing and raising seedlings in
bags were done at different village 2) Another project has been started Check dam at village Hathideh,
nurseries in Lohsal Brahmin, on 21 February, 2010 at village district Sikar funded by Shri R. P.
Shyaluta, Gur ka Khera, Gujaron Ki Dhani, Alwar with Modi and another check dam at
Guwaravyas, Khohdariba, Pal Pur, financial support from Pranik Banjaron ki Dhani village, Alwar
Avinashi, Lohiya, Luharabas and Healing Foundation of India. district implemented with financial
Tilwad in Sikar and Alwar districts of assistance from Godfrey Phillips
Rajasthan. More than 45,000 3) One more project has been India Ltd. have been completed on
saplings have been prepared in all started in the village Shyaluta in 12 t h and 15 t h February 2010
the nurseries and 2,500 sapling Alwar district with financial support respectively.
plants were distributed among the from Amrit Banaspati on 23
villagers and students. February 2010. The ground breaking PHDFWF-TI Project on
HIV/AIDS

Two different VCTC camps were


organised at different hotspots on
9th and 23rd February 2010 where
134 women belonging to high risk
groups underwent voluntary blood
testing. Out of them 3 positive cases
w e r e d e t e c t e d . Tw o s m a l l
programmes have been organised
at Drop-In-Centre and around 45
young girls and women participated
who were presented with small
gifts. Two video shows on STD and
HIV have been shown to the HRG
groups at the site office of the
project.
Nursery rising under process
PHD Chamber Bulletin • March 2010 26

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.

***

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