Government constitutes a Sub-Committee to excise duty on different articles of jewellery imposed in Budget 2016-17



Government constitutes a Sub-Committee under the aegis of the High Level Committee (HLC) on issues related to excise duty on different articles of jewellery imposed in Budget 2016-17; Committee to submit its Report within sixty days 



In the Union Budget 2016-17, the Central Excise duty at the rate of 1% (without input tax credit) and 12.5% (with input tax credit) has been imposed on all articles of jewellery (except for silver jewellery, other than those studded with diamond, ruby, emerald or sapphire). 

 A Sub-Committee of the High Level Committee has been constituted in this regard to interact with Trade & Industry on Tax Laws. The Sub-Committee will be chaired by Dr. Ashok Lahiri and will consist of: 

 a. three representatives of the trade [to be decided by the Government]; 

 b. one legal expert [to be decided by the Government]; 

 c. officer concerned from the Ministry of Commerce & Industry [MoC&I] to be nominated by the MoC&I; and

 d. high level officials from the Central Excise Department to be nominated by the Central Board of Excise and Customs (CBEC). 

 The composition of the Sub-Committee will be circulated once the names of its members are finalized. 

 All associations will be given an opportunity to submit representation before the Sub-Committee in writing and the all India associations to state their case in person. 

 Terms of reference of the Sub-Committee will include the issues related to compliance procedure for the excise duty, including records to be maintained, forms to be filled including Form 12AA, operating procedures and any other issued that may be relevant. The Sub-Committee will submit its report within 60 days of its constitution. 

 Till the recommendations of the Sub-Committee are finalized, the following shall be adhered to: 

 a) All payments of Central Excise duty will be based on first sale invoice value; 

 b) The Central Excise authorities will not challenge the valuation given in the invoice provided the caratage / purity and weight of the gold/silver with precious stones; and carats of diamond/precious stones are mentioned on the invoice; 

 c) The Central Excise Officers will not visit the manufacturing units/ shops/ place of business/residence of the jewelers; 

 d) No arrest or criminal prosecution of any jeweler will be done; 

 e) No search or seizure of stocks by any central excise official will be effected; 

 f) Exporters will be allowed to export on self-declaration and submission of LUT to customs without the need to get LUT ratified by central excise. Prevailing system will continue. 

 The registration of the establishment with the Central Excise Department can be taken within 60 days from 1st March, 2016. However, the liability for payment of Central Excise Duty will be with effect from 1st March, 2016, and as a special case for the month of March, 2016, the assessee jewelers will be permitted to make payment of excise duty along with the payment of excise duty for the month of April, 2016. 

 Any further communications with the regard to the aforesaid Sub-Committee may be addressed to the Office of the High Level Committee (HLC), Suite No. 215, The Janpath Hotel, Janpath Road, Opp. BSNL Building, and New Delhi-110001. 


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Report of the Committee on Taxation to Examine the Business Models for E-Commerce 

A Committee on Taxation of e-commerce was constituted by the Central Board of Direct Taxes to examine the business models for e-commerce, identify the direct tax issues in relation to e-commerce transactions and suggest an approach to deal with these issues. The Committee included officers of the Central Board of Direct Taxes, representatives from the industry, the Institute of Chartered Accountants of India and tax experts. The Report of the Committee was received by the Government and taken into consideration in the preparation of Finance Bill, 2016. This Report provides the view of the Committee on issues related to taxation of e-commerce and recent international developments in this area. 

 The Report is available on the website of the Income Tax Department www.incometaxindia.gov.in. 


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Government Approves Fifteen (15) Proposals of Foreign Direct Investment (FDI) Amounting to Rs. 7261.6 crore Approximately; Recommends one Proposal for Approval of CCEA Involving FDI of Rs. 6885 crore 

Based on the recommendations of Foreign Investment Promotion Board (FIPB) in its 232nd meeting held on 7th March 2016, the Government has approved fifteen Foreign Direct Investment (FDI) proposals involving FDI of Rs. 7261.6 crore and recommended one proposal for approval of CCEA involving FDI of Rs. 6885 crore. 

The following fifteen (15) proposals have been approved:


The following one (01) proposal has been recommended for approval by the Cabinet Committee on Economic Affairs (CCEA) under para 5.2.2 of the FDI Policy 2015:

S. No
Item No
Name of the applicant
Gist of the proposal
Sector
FDI (Rs.  crore)
1
5
Vsoft Technologies Pvt Ltd
Post facto approval for issuing 1,11,11,100 equity shares to  VSoft Holdings, Mauritius (which holds 100% equity shares of M/s  VSoft Corporation, USA) by way of swap of shares.
IT /ITES
Nil
2
7
M/s Venus Aesthetic LLP
Post facto approval has been sought for foreign equity participation of 51% by Venus Concept Canada Corporation.
LLP
Nil
3
8
Beloorbayir Biotech Ltd
Approval has been sought to:
1. Acquire the pharmaceutical business of Bayir Chemicals and the ayurvedic products business of Sneha Natura pursuant to Business Transfer Agreements. All three companies are Indian.
2. Pursuant to the above business transfers, foreign investor M/s India Agri Business Fund Limited (IABF) shall invest up to INR 250 million in BBTL under the FDI route by way of subscription to additional Cumulative Compulsorily Convertible Preference Shares
Pharma
25
4
9
M/s Sun Life Financial (India) Insurance Investments Inc.
Approval has been sought for the acquisition of 23% in Birla Sun Life Insurance Company Limited which is currently held by Aditya Birla Nuvo Limited, thereby, increasing the foreign equity in the company from 26% to 49%.
Insurance
1664


5
11
M/s Nippon Life Insurance Company
Approval has been sought for proposed foreign direct investment by way of acquisition of a 23% additional stake in Reliance Life Insurance Company Limited, an Indian company, thereby increasing its aggregate shareholding in Reliance Life Insurance Company from 26 percent to 49 percent.
Insurance
2265.5
6
12
M/s Tata AIA Life Insurance Company Ltd
Approval has been sought for increasing the stake of AIA International Limited from 26% to 49% in the company.
Insurance
2055
7
16
M/s PTL Enterprises Ltd
Approval for transfer of 14,90,000 equity shares held by Late Mr. Siddique Dawood (UK based NRI) to his son and legal heir Mr. Rafique Dawood who is a citizen of Pakistan.
Manufac-turing
 Nil
8
22
M/s Sun Pharma Advanced Research Co. Ltd
Approval has been sought by M/s Sun Pharma Advanced Research Company Limited for the removal of compounding in Para 3 in the approval letter dated 02.11.2015
Pharma.
nil
9
24
M/s Almondz Insurance Brokers Pvt Ltd
Approval for the proposed transfer of 49% of its shareholding to M/s Willis Europe B.V. currently held by resident shareholders.
Insurance
45.54
10
25
M/s Taurus Ventures Ltd
approval, for the issuance of shares to the shareholders of Max India pursuant to a demerger of Max India Limited whereby which each shareholder of Max India would be issued shares in the company in the ratio of 1:1 and M/s Taurus would become the holding company of Max Healthcare and Max Bupa.
Insurance, Health and Allied Activities
nil
11
26
M/s Quantum Simulators Pvt Ltd
Approval to set up a stimulator Manufacturing Company in India for various applications including military and commercial uses in technical collaboration with leading US Company M/s Textron with US $ 15 Billion revenue. Further  M/s Quantum Simulator has a JV agreement with a Indian company who would be holding 51% and the balance 49% by quantum
Defence
14.7
12
27
M/s Tata Sikorsky Aerospace Limited
Approval has been sought for non-resident to non-resident transfer of 26% of the shares of Tata Sikorsky Aerospace from M/s United Technologies International Corporation - Asia Private Limited to M/s Lockheed Martin Global, Inc. (USA).
Defence
nil
13
28
M/s Aviva Life Insurance Co India Ltd
Approval has been sought by Aviva Life Insurance Company India Limited to increase the foreign shareholding from 26% to 49% by Aviva International Holdings Limited, UK by way of transfer of 23% shareholding currently held by Dabur Investment Corp.
Insurance
940
14
30
M/s International Asset Reconstruction Co Pvt Ltd.
Approval has been sought for purchase of its shares by KKR India Reconstruction Pte. Ltd, Singapore, thereby increasing the foreign equity from 58.75% to 78.96%.
Asset reconstructions
150
15
31
M/s Raheja QBE General Insurance Co Ltd
approval for transfer of  23% shares currently held by Prism Cement Limited to QBE Asia Pacific Holdings Limited, Hong Kong, thereby increasing the foreign shareholding in the company from 26% to 49%.
Insurance
101.85



The following eight (08) proposals have been deferred:

S. No.
Item No
Name of the applicant
Gist of the proposal
Sector
1
3
M/s RMS Arc Insurance Brokers Pvt Ltd
 Approval to increase foreign investment in the company from 26% to 49% by way of sale of shares to Risk Management Services, LLC, Oman.
Insurance
2
4
M/s Whirlpool Asia Pvt Ltd
A company with 99.997% FDI, has sought an approval for converting into a LLP.
LLP

3

6

M/s Bupa Singapore Holdings Pte Ltd

Approval to increase its investment in Max Bupa Health Insurance Company Limited from 26% to 49% by way of acquisition of shares from Max India Limited

Insurance


4
20
M/s Standard Chartered (l) Modeling and Analytics Center Pvt. Ltd
Approval has been sought  for the sale of 26% of its shareholding, currently held by Standard Chartered Investments and Loans (India) Limited to Standard Chartered Bank, UK, thereby making it a WoS of the Standard chartered bank, UK
Research and Analytical
5
29
M/s Gulf Quarry General Trading FZC
Approval has been sought by GULF QUARRY GENERAL TRADING F.Z.C, UAE   for investment in an Indian company which is yet to be incorporated for the establishment of a new factory in Amritsar for crushing of gypsum rocks to make gypsum powder, manufacturing of gypsum board etc.
Manufacturing
6
33
M/s HSBC Securities and Capital Markets (India) Pvt Ltd
Approval has been sought for:-
I. Merger of the FIPB approval letter of even no FCII 229(1994)/300(1994) dated 13.05.1994 (read along with 18 amendments) and Approval letter of even no FC II 160(2005)/157(2005) dated 21.06.2005.
II. Incorporating a Wholly Owned Subsidiary (WoS) which will act as a trustee company to HSBC Mutual Fund.
III. HSBC InvestDirect Financial Services(India) Limited[WoS of HSBC Invest Direct (India) Ltd] to engage into additional activities
NBFC
7
34
ICICI Lombard General Insurance Company Limited, Mumbai
Approval has been sought to sell 40,270,010 fully paid up equity shares equivalent to 9% of the share capital of the Company (“Sale shares”) to FAL Corporation, an indirect wholly owned subsidiary of Fairfax, for an aggregate consideration of INR 1550.2 Cr.
Insurance
8
35
ICICI Prudential Life Insurance Company Limited, Mumbai
Approval for transfer of 2% of its shares currently held by ICICI Bank Limited (ICICI) to Compassvale Investments Pte. Ltd (Compassvale), a foreign entity and 4% shares to Hasham Traders, a resident Indian entity.
Insurance

The following ten (10) proposals have been rejected:


S. No.
Item No
Name of the applicant
Gist of the proposal
Sector


1
1
M/s IMCD lndia Pvt Ltd
Approval has been sought for issuing 4,213,814 Equity Shares of Rs. 10 fully paid up at a premium of Rs. 140 per share to IMCD Finance BV in consideration for transfer of IMCD Group BV’s Indian branch into IMCD India pursuant to a court approved scheme of demerger. However, the High Court order has not yet been received.
Cash and Carry whole sale trading
2
2
M/s Apollo Hospitals Enterprise Ltd
Approval for allowing foreign investment by the non-resident shareholders pursuant to the proposed rights issue subject to RBI and other necessary approval.
Healthcare
3
10
M/s Phenomenex India Pvt Ltd
Post Facto approval has been sought for issue of Shares on non-repatriation basis against Preoperative Expenses, and condonement of the delay in application.
Cash and Carry whole sale trading
4
13
M/s You Broadband India Ltd
a) Transaction 1:  M/s You Broadband India Limited (YBIL), a public limited company offered rights issue of shares to all its existing resident and non-resident shareholders on February 6, 2015, at face value Rs.10 for consideration amount Rs. 2.059 crore.
b) Transaction 2: YBIL acquired balance 63.76% equity shares of Digital Outsourcing Private Limited (DOPL) on March 20, 2015 for consideration amount Rs. 2.745 crore from its current resident shareholders.  DOPL is engaged in providing services which eligible for 100 % foreign investment under automatic route.  Necessary intimation for the above acquisition of shares of DOPL by YBIL was duly filed with FIPB. Pursuant to above acquisition, DOPL became wholly owned subsidiary of YBIL.
Trading
5
14
M/s Lupin Limited
Approval has been sought for
removal of the compounding condition imposed in the approval letter dated 09.11.2015, for not seeking an approval from FIPB, for issuance of ESOPs prior to 11.06.2015.
Pharma
6
15
M/s Perfectmehta Systems Outsourcing India LLP
Approval has been sought for transfer of capital contribution by foreign partner to newly formed Indian LLP. The contribution of the foreign partner has not yet been received.
LLP
7
17
M/s George Institute of Global Health
Post-facto approval and regularization for  allotment of 16,78,492 fully paid up equity shares of Rs 10/- each, which had been allotted by the applicant to its foreign holding company  The George Institute for Global Health, Australia against the remittances received by the third party (M/s Gandhi & Gandhi).
Healthcare
8
18
M/s Hive Technologies LLP
Approval has been sought for investment of upto 66.93% by Hive Group Management LLC, USA in Hive LLP, for an aggregate consideration of INR 4,00,000. The applicant seeks to prevent the anticipated breach of downstream conditions applicable to LLPs as per clause (b) of paragraph 3.2.5 of the FDI Policy, upon receipt of foreign direct investment
LLP
9
21
M/s Barefoot Resorts and Leisure India Pvt Ltd
Post facto approval of the allotment of 14195 partly paid equity shares of the face value of Rs 100 each issued at a premium of Rs 6900 per share equity share made on 1 October 2009 by the Applicant to its existing NRI Shareholder Fruition Resorts Limited, Mauritius on rights basis.
Hospitality
10
23
M/s Dipon Gas and Infrastructure Pvt Ltd
Approval has been sought  for issuing 20,00,000 equity shares of Dipon Gas and Infrastructure Pvt. Ltd at the rate of Rs 10/- per share to DG Infratech Pte Ltd, Singapore
Construction

5.         The following one (01) proposal was withdrawn by the applicant:


S. No.
Item No
Name of the applicant
Gist of the proposal
Sector
1
32
Equitas Holdings Ltd
Approval has been sought by M/s Equitas Holdings Private Limited for undertaking an IPO in accordance with the provisions of the SEBI ICDR 2009. The Issue comprises a fresh issue and an offer for sale of Equity Shares by certain existing shareholders to eligible non-resident investors including FIIs/FPIs/NRIs.
CIC


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