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160 companies to get notices on transitional GST credits


MUMBAI: Several Indian companies, including some large entities, may start receiving notices from Monday on transitional tax credits in the run-up to the introduction of the single producer levy, two people with direct knowledge of the developments told ET.

The notices from the indirect-tax department follow last week’s direction from the Central Board of Excise and Customs (CBEC) that asked chief commissioners to verify all transitional credit claims beyond Rs 1 crore. About 160 companies, which collectively have claimed about Rs 65,000 crore in transitional tax credits, would be issued notices in the coming weeks.

“By Friday, chief commissioners had received the names of companies in their jurisdictions and asked for a basic report on the subject. Notices would be issued to companies and explanations would be sought for the amounts claimed in transitional credits,” said a person in the know.

In some cases, the indirect-tax department is also asking companies – particularly some Hyderabad-based infrastructure establishments — to produce the VAT returns of the past one year.

160 companies to get notices on transitional GST credits

The government is seeking these details to cross-check the transitional credit in GST. Transitional credits are basically tax credits accumulated before July 1 on pre-GST stock. According to the GST law, the credit can be set off against GST liability. Taxmen suspect that some companies are misusing the provision and have filed fake returns.

“The suspicion is that many companies have claimed credit when they do not have proper invoices to support them. Ideally, when this happens, companies could only claim 60% of transitional credit, but some companies seem to have taken 100% credits,” said a tax officer. Industry trackers say that this step by the government has spooked several companies.

“Large companies, with huge inventories, longer cycle time, and substantial monthly tax payments may rightfully have claimed significantly high transition credit,” said MS Mani, partner, Deloitte India. “Hence, all large claims should be evaluated after considering the size of the operations and attendant circumstances. There is an urgent need to define some processes based on which the transition credits are scrutinized, so that credits are not denied on frivolous grounds and unnecessary litigation is avoided.”

Individual companies under the lens could not be ascertained, but the tax officer quoted above said: “Most of these companies being scrutinised are major vendors of some of the biggest Indian companies. In most cases, the companies still have time to rectify their mistakes,” he said.

Some industry trackers say that Rs 65,000 crore as transitional credit in the total GST revenue of Rs 95,000 crore for July appears disproportionate.

“The amount of opening credit does look to be on the higher side, particularly because many companies have not yet filed the TRAN 1. In some cases, companies may have made genuine errors in credits. Many of these companies may revise in the coming weeks,” said Pratik Jain, Partner, National Leader – Indirect Tax – PwC India.

Experts said those scrutinising credits now time may be doing so prematurely as several companies are yet to file GST due to the extended deadline. “The deadline for filing Trans 1form is extended to October 3 and so the department will get final data only then,” said Sachin Menon, national head of indirect tax at KPMG.



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Exporters may seek exemption on tax payment


Updated: Sep 19, 2017, 12.58 AM IST

Exporters, heads of export promotion councils and senior officials from the commerce ministry plan to submit a petition seeking the exemption when they meet the revenue secretary on Tuesday.
Exporters, heads of export promotion councils and senior officials from the commerce ministry plan to submit a petition seeking the exemption when they meet the revenue secretary on Tuesday.
NEW DELHI: Exporters plan to seek outright exemption on payment of goods and services tax, citing a crunch in working capital due to the uncertainty in the time taken to get refunds for unutilised input tax credit.

Exporters, heads of export promotion councils and senior officials from the commerce ministry plan to submit a petition seeking the exemption when they meet the revenue secretary on Tuesday. “There is an apprehension that exports will decline, going ahead,” said an official aware of the meeting.

Exporters are likely to raise the issues of working capital and refunds which will be ploughed back into their business and the loss of interest.

“Merchant exporters and those in the small and medium enterprises are up in arms,” the official said. Micro, small and medium enterprises now have to pay GST when buying from merchant exporters. The government has a two refund mechanisms for exporters.

They can furnish a bond instead of paying integrated GST and claim refund of the unutilised input tax credit. This entitles them to get a 90% refund within seven days of acknowledgement of the application and the rest in 60 days. Alternatively, they can pay IGST and then claim the refund, which they get within 60 days.

Another official said certain traditional sectors like textiles and gems and jewellery are suffering and need special attention. A scheme offering higher duty drawbacks will end on September 30 and many exporters don’t have the finances to pay for exports.

The liquidity crunch is estimated at $10 billion for the July-October period.

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Farmers leaders arrested ahead of dharna at CM Amarinder Singh's house


ET Bureau|

Updated: Sep 18, 2017, 05.59 PM IST

The demand includes extending the loan waiver to farmers owning land of up to 10 acres.

[Representative image]
The demand includes extending the loan waiver to farmers owning land of up to 10 acres.

[Representative image]

CHANDIGARH: Several farmer leaders and workers of farmer organization were arrested in Punjab today early morning ahead of a five day dharna at chief minister Amarinder Singh‘s residence.

Farmers are seeking loan waiver of all loans, MSP according to Swaminathan Committee report, land rights to tenants among other demands.

Protestors are seeking a comprehensive debt waiver even though the state government had earlier announced a loan waiver for small and marginal farmers on June 19. The waiver included loans up to Rs 2 lakh for marginal and small farmers owning land up to one hectare and not more than two- hectares, respectively.

More than hundred farmer leaders and workers of seven organizations were arrested in an early morning crackdown on 18th September.

“Congress headed by Captain promised to waive away farm loans of all farmers, job to one member of a family,” a farmer organozation said in a statement. It said that the Punjab government has taken a U-turn and none of the promise has been met.

All India Kisan Sangharsh Coordination Committee (AIKSCC), has condemned the police action and demanded immediate release of the arrested.

The demand includes extending the loan waiver to farmers owning land of up to 10 acres. The Punjab government had announced a loan waiver of up to Rs 2 lakh for marginal and small farmers owning land of less than one hectare and up to two hectares, respectively.

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Maharashtra to begin work on Rs 1 trillion infra projects this year


PTI|

Updated: Sep 18, 2017, 12.01 PM IST

Infrastructure projects worth Rs 5.96 lakh cr have been planned in Maha, which has earned the state honours from the NITI Aayog for being the leader in infrastructure creation.
Infrastructure projects worth Rs 5.96 lakh cr have been planned in Maha, which has earned the state honours from the NITI Aayog for being the leader in infrastructure creation.
MUMBAI: Chief Minister Devendra Fadnavis today said Maharashtra hopes to kickstart infrastructure projects entailing investment of Rs 1 lakh crore this year.

“We hope to start works on projects worth Rs 1 lakh crore this year,” Fadnavis said at an IACC event here without elaborating on specific projects.

He said infrastructure projects worth Rs 5.96 lakh crore have been planned in Maharashtra, which has earned the state honours from the NITI Aayog for being the leader in infrastructure creation.

Fadnavis said opportunities exist in the state for businesses across all sectors, and pointed out upcoming areas under the Smart City initiative which can be of interest to power, grid and housing industries.

Maharashtra, which accounts for 15 per cent of national GDP, attracted 53 per cent of the foreign direct investment (FDI) in FY17, Fadnavis noted.

This was because of the steps taken by his government on ease of doing business, he said, and assured all help to the industry.

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Government plans to make PAN the business Aadhaar for companies, NGOs


NEW DELHI: After debating for months, the government is moving to make Permanent Account Number (PAN) the Aadhaar for businesses as well as non-government organisations as it looks to close possible gaps for generation of black money.

Sources told TOI that the ministry of corporate affairs (MCA) has proposed amendments to the Income Tax Act as well as the Prevention of Money Laundering Act for the purpose and the government is looking at a mechanism under which any entity with cumulative transactions of over Rs 2 lakh annually will have to comply with the regulations.

While most businesses and NGOs have PAN, its use is mandatory for any cash transaction of over Rs 50,000 and for complying with know-your customer (KYC) norms in banks. Sources said the amendments are meant to check any possibility of misuse. During discussions it has emerged that businesses will need to provide Aadhaar at the time of registration of companies and partnership firms, ensuring that individuals who are directors or promoters of these entities are easily tracked and floating so-called benami companies become tougher. “The government may make it mandatory for key management personnel (such as managing directors and chief executives) to sub mit Aadhaar but that’s something that will be done in the future,“ said a source, who did not wish to be identified.

Government plans to make PAN the business Aadhaar for companies, NGOs

MCA has already moved to a system where a PAN is generated for companies at the time of incorporation, a process that the government claims takes less than 24 hours. But partnership firms and trusts are not part of the process as they are handled by other agencies, including state governments.Through the proposed amendments, all the entities would be brought on to the same plat form and it will be easier to track them, said an official.

The ministry had discussed various options including development of an Aadhaartype identity for businesses, an idea which was also discussed with the information technology ministry . But it has now opted for PAN. A few years ago, the government had decided to treat PAN as the unique identification number for businesses, instead of generating multiple numbers for provident fund, tax and labour law-related compliances.

In recent months, the government has cracked down on companies at multiple levels, including identifying “shell companies“. While Sebi has acted against listed companies, MCA has cancelled registration of over two lakh defunct companies, which had not filed returns for years, while also cancelling the directorship of those on the boards of these entities.



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Suresh Prabhu may seek investment pledge from 30 Indian companies


Commerce and Industry minister Suresh Prabhu will soon meet the country’s top industrialists individually to seek an investment commitment from each of them for the next few years, a senior official said. “Domestic investments are a big concern for the government. Economy cannot rely on FDI alone and we need Indian companies to infuse funds on ground now,” the official told ET.

The minister will hold one on one meetings with the heads of top 30 domestic companies, followed by group meetings, next month.

The Department of Industrial Policy and Promotion (DIPP) is in the process of preparing a list of the top companies with huge investment and employment generation potential, the official said. This is also being followed by setting up an investments war room in the commerce and industry ministry.

The government will try to understand the problems that are stopping big domestic companies from investing in the country and also urge them to loosen their purse strings for the short term investment requirement of the economy.

Prabhu, who took over as industry minister early this month, has already flagged of concerns around tracking investment progress and sketchy data availability at a pan India level to ministry officials.

“There is no standardised method for recording investments and tracking their progress across the investment lifecycle at the Central level,” said the official quoted earlier. The ministry has now been asked to set up a centralised portal to track all investments.

Each state would have to update its respective investments at different stages. The portal would help track precise location of investments and their status at a pan India level.

India recorded record foreign direct investments (FDI) inflows of $43 billion in the year ended March, up 9% over FY2016.

Prabhu is also likely to take up the issue of limited scope of the Project Monitoring Group (PMG) under the Prime Minister’s Office.

“The focus (of PMG) is limited to only certain type of investments more geared towards infrastructure development,” the official said.

The fact that very little information on progress reports of these projects is available in public domain is also being looked into by the minister. With the government set to announce a new industrial policy next month, the thrust will be towards pushing investments both foreign and domestic. The main focus is to make India a manufacturing hub by promoting the ‘Make in India’ initiative and addressing the issue of slower growth in job creation, the official said.



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Trump denounces London attack by 'loser terrorist'


US President Donald Trump on Friday denounced an attack in London when a blast hit a packed commuter train. “Loser terrorists must be dealt with in a much tougher manner. The internet is their main recruitment tool which we must cut off & use better!” Trump said on Twitter.

| Sep 15, 2017, 16:49 IST

WASHINGTON: US President Donald Trump on Friday denounced an attack in London Tube when a blast hit a packed commuter train, and urged authorities and others to take more “proactive” steps such as better policing of internet use by terrorist groups.

“Another attack in London by a loser terrorist. These are sick and demented people who were in the sights of Scotland Yard. Must be proactive!” Trump wrote in a post on Twitter.

“Loser terrorists must be dealt with in a much tougher manner. The internet is their main recruitment tool which we must cut off & use better!”

He further added that his infamous travel ban in the United States must be ‘larger, tougher and more specific’.

The London blast occurred early on Friday at the Parsons Green station in West London. Scotland Yard said that the terrorists used improvised explosive device to trigger the blast. Eighteen people were hospitalised after the attack.

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Gold may be kept out of future trade pacts


A big spike in gold imports from countries with which India has trade agreements has caused alarm in the government, which now plans to exclude the yellow metal from such agreements in the future. “Provisions of trade agreements have been abused to import gold at zero or lower duty,” a government official said. The surge in gold imports has worsened the country’s current account deficit.

The issue has been discussed between the ministries of finance and commerce and industry, the nodal ministry for negotiating trade agreements, the official said.

The finance ministry is of the view that gold should be kept out of free-trade agreements (FTA) India negotiates going ahead. The country is at present negotiating an FTA with the European Union, and the Regional Comprehensive Economic Partnership (RCEP), a proposed FTA between Asean member states and six Asia pacific regional countries including India, China and Japan.

IMPORT SPIKE
India’s gold imports have tripled to $15.24 billion, or about Rs 97,665 crore, during April-August from $5.08 billion in the same period last year, latest data from commerce ministry show. As a result, trade deficit for the period almost doubled to $63.1 billion, or about Rs 4,04,787 crore, from $34.3 billion.

The initial surge was being attributed to purchases before the goods and services tax (GST) that was unrolled on July 1, but further spike in August has come as a surprise.

Gold imports were up 69% in August to $1.89 billion, or about Rs 12,125 crore, from $1.12 billion a year earlier.

India’s overall current account deficit (CAD) worsened to 2.4% of GDP in April-June quarter against 0.1% of GDP in the corresponding quarter last year.

TREATY ABUSE
Under the current rules, 10% basic customs duty is levied on gold imports from countries with which India has no trade agreement.

In addition, there is a 3% integrated GST levied on such imports in lieu of countervailing duties levied earlier.

In contrast, gold can come duty free through some of the countries with which India has a trade agreement. They only face 3% IGST.

Most recently, the surge came via South Korea from which gold is allowed to be imported duty free under the 2010 trade agreement between the two countries.

Late last month, the government banned duty free imports from South Korea. Abuse of provisions in trade agreement came to light when there was a spike in imports from Thailand. New Delhi subsequently raised customs duty to discourage the inflow of yellow metal to contain current account deficit. Investigation agencies found blatant violation of rules of origin in this case, prompting India to impose restrictions. These restrictions included a bank guarantee of customs duty, levied on normal imports.

Imports from third countries using members of in a trade agreement as a base to route imports didn’t stop with Thailand. A new alternate soon emerged in Malaysia under the India-Asean agreement and soon after under India-Korea trade agreement.

Gold imports from South Korea stood at $339 million between July 1 and August 3 against only $70.5 million in the entire 2016-17, according to commerce ministry data.



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May hits out on Trump's speculative tweet on blasts


Asked about Trumps’ tweet saying that those responsible for the bomb in west London which injured 22 people were “in the sights of Scotland Yard,” May said: “I never think it’s helpful for anybody to speculate on what is an ongoing investigation.”

| Sep 15, 2017, 19:36 IST

LONDON: British Prime Minister Theresa May said on Friday it was not helpful for people to speculate on any investigation after US President Donald Trump tweeted that the culprits behind a bombing on a train were in the sights of the police.

Asked about Trumps’ tweet saying that those responsible for the bomb in west London which injured 22 people were “in the sights of Scotland Yard,” May said: “I never think it’s helpful for anybody to speculate on what is an ongoing investigation.”

She also said that the police and security services were doing all they could to identify those responsible for the “cowardly attack” in the London Tube.

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