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    MISSIVEVolume XXX

    October 2013

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    Topics PageNo

    Direct Tax 1Transfer Pricing 3Service Tax 4Value Added Tax 6Customs 6FEMA 8

    Company Law 10Transactions that madeheadlines

    11

    Never hold your head high withpride or ego, even the winner of a goldmedal gets his medal only when heputs his head down

    Index

    Dear Patron

    Here we are with the Thirtiethsuccessive issue of our monthly

    Missive.

    We trust you will enjoy reading this

    Missive, even while soaking in the

    contents. We would very much

    appreciate your feedback which

    consistently helps us in improving

    and upgrading the contents.

    Thanks and regards,

    Knowledge Management Team

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    1

    DIRECT TAX

    VIKAS OBEROI V. DY. CIT (2013) 37taxmann.com 46 (Mumbai - Trib.)

    Where share application money isreturned without any allotment of shares,such refund cannot be classified as loan oradvance under section 2(22)(e), unlessmala fide intentions of assessee areproved

    Although the share application money isone kind of advance given with the

    intention to obtain the allotment of shares,

    yet such advance is innately different from

    the normal loan or advance specified in

    2(22)(e);

    In the instant case, the refund of theamount was made for commercial reasons

    and also in the best interests of the

    prospective share applicants. Further, it

    was self-explanatory that the assessee

    being a 'beneficial shareholder', derived

    no benefit whatsoever, when the

    impugned 'share application money' was

    finally returned without any allotment of

    shares for commercial reasons;

    Therefore, the share application moneymight have been an advance but it was

    not advance which was referred to in

    section 2(22)(e). Such advances, when

    returned without any allotment or part

    allotment of shares to the applicants,

    would not take a nature of the loan merely

    because the same was repaid or returned

    or refunded in the same year or later on

    after keeping the money for some timewith the company;

    As the original intention of payment ofshare application money was towards the

    allotment of shares of any kind, the same

    couldnt be deemed as 'loan or advance',

    unless the mala fide intentions were proved

    by the AO with evidence.

    ANL SINGAPORE PTE. LTD V. DY. DIT (2013)

    37 taxmann.com 131 (Mumbai-Trib)

    Business income of NR isnt taxable if itsdependent agent is remunerated on ALPbasis and is charged to tax

    The Tribunal held in favour of the assessee as

    under:

    Income in respect of voyages which hadbeen considered as chargeable to tax in

    India as per Article 7 of the India-Singapore

    DTAA was the amount on which the

    assessee paid commission, etc., to CMA,

    which was its AE and also a dependent

    agent

    The receipt in the hands of the CMA hadbeen determined at ALP under due

    process of law;

    Where the AE also constitutes a PE and wasremunerated on ALP, then nothing further

    was left to attribute to the PE. Thus, it was

    held that income in respect of voyages

    couldnt be included in the hands of the

    assessee

    ITO, TDS V. KENDLE INDIA (P.) LTD (2013) 37taxmann.com 140 (Delhi - Trib.)

    Where assessee made remittance forprocurement of commercial informationfor onward transmission to its principal,remittance made was not for availingtechnical services and did not amount toroyalty

    In the instant case the assessee had entered

    into a master clinical services agreement withits principal 'BHAG' for clinical trials. Assessee

    had arrangement with CSPL to provide

    information on clinical trial test undertaken by

    CTU of University of Kelmia, Sri Lanka. It applied

    for issue of certificate for non-deduction of tax

    on remittances made to CSPL which had no PE

    in India. The AO held that remittance for

    http://sys.infosysworld.com/infosysworld/lt.php?id=cE0HAQkGAwoDC0sHUAUMAR4=DQsADQ0BSRZYCAwNCFhyS0FZUF5EVEdeFlRYDA==http://sys.infosysworld.com/infosysworld/lt.php?id=cE0HAQkGAwoDC0sHUAUMAR4=DQsADQ0BSRZYCAwNCFhyS0FZUF5EVEdeFlRYDA==http://sys.infosysworld.com/infosysworld/lt.php?id=cE0HAQkGAwoDC0sHUAUMAR4=DQsADQ0BSRZYCAwNCFhyS0FZUF5EVEdeFlRYDA==http://sys.infosysworld.com/infosysworld/lt.php?id=cE0HAQkGAwoDC0sHUAUMAR4=DQsADQ0BSRZYCAwNCFhyS0FZUF5EVEdeFlRYDA==http://sys.infosysworld.com/infosysworld/lt.php?id=cE0HAQkGAwoDC0sHUAUMAR4=DQsADQ0BSRZYCAwNCFhyS0FZUF5EVEdeFlRYDA==http://sys.infosysworld.com/infosysworld/lt.php?id=cE0HAQkGAwoDC0sHUAUMAR4=DQsADQ0BSRZYCAwNCFhyS0FZUF5EVEdeFlRYDA==http://sys.infosysworld.com/infosysworld/lt.php?id=cE0HAQkGAwoDC0sHUAUMAR4=DQsADQ0BSRZYCAwNCFhyS0FZUF5EVEdeFlRYDA==
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    clinical services was in nature of royalty and

    was liable to be taxed in India. On appeal, the

    CIT (A) reversed the order of AO.

    The Tribunal held in favour of the assessee as

    under:

    The services in question were services forsupply of information which assessee was

    not using for any technical know-how but it

    was working as a conduit for supply of this

    information further to its principal;

    Thus, the remittance made by the assesseewas not for availing of technical services

    and did not amount to royalty and

    therefore was not liable for withholding

    taxes.

    Protocol to India-Australia DTAAForce of

    attraction concept removed; PE redefined

    The protocol amending the agreement

    between the Government of India and

    Australia, signed on the December 16, 2011,

    has been notified on September 20, 2013 and

    is effective from April 2, 2013. Now Force of

    attraction' concept is removed from Article

    7(1) with insertion of new Article 7(1). As per

    the new clause, the business profits of the

    enterprise may be taxed in the other State butonly so much of them as are attributable to

    that PE.

    Threshold limit for establishing Service PE has

    been increased to 183 days. Earlier treaty did

    not provide for any threshold limit for

    establishing construction PE. However, the

    protocol provides for threshold limit of 183 days

    and 90 days on use of substantial equipment

    and on activities in connection with

    exploration of natural resources.

    CIT v. Gujarat Flouro Chemicals (SC) SLP

    (C) No. 11406 of 2008 Order dt. 18th Sep13

    Section 244A: The department is not

    obliged to pay interest on interest as that is

    not provided in the law (Sandik Asia 280

    ITR 643 (SC), not correct and should be

    reconsidered)

    The question before the Supreme Court was

    whether interest is payable by the Revenue to

    the assessee if the aggregate of installments of

    Advance Tax/TDS paid exceeds the assessed

    tax? The assessee relied upon Sandvik Asia

    Limited vs. CIT280 ITR 643 where it was held

    that the assessee was entitled to be

    compensated by the Revenue for delay in

    paying to it the amounts admittedly due.

    In Sandvik Asia280 ITR 643 (SC) the Supreme

    Court held that if the department delays

    paying interest on the refunded amount, the

    assessee is entitled to interest on interest.

    Subsequently, inCIT vs. Gujarat Flouro

    Chemicals,a view was expressed that Sandvik

    Asia280 ITR 643 (SC) did not lay down the

    correct law and ought to be reconsidered. The

    matter was referred to a larger Bench. HELD by

    the larger Bench:

    The judgment in Sandvik Asia280 ITR 643 (SC)

    has been misquoted and misinterpreted by the

    assessees and also by the Revenue. Their view

    that in Sandvikcase this Court had directedthe Revenue to pay interest on the statutory

    interest in case of delay in the payment and

    that the Revenue is obliged to pay an interest

    on interest in the event of its failure to refund

    the interest payable within the statutory period

    is not correct. In Sandvik Asia, the Court was

    considering the issue whether an assessee who

    is made to wait for refund of interest for

    decades be compensated for the great

    prejudice caused to it due to the delay in its

    payment after the lapse of statutory period. Inthe facts of that case, this Court came to the

    conclusion that there was an inordinate delay

    on the part of the Revenue in refunding

    certain amount which included the statutory

    interest and therefore, directed the Revenue

    to pay compensation for the same but not an

    http://itatonline.org/archives/index.php/cit-vs-gujarat-flouro-chemicals-supreme-court-sandik-asia-280-itr-643-sc-is-not-correct-and-should-be-reconsidered/http://itatonline.org/archives/index.php/cit-vs-gujarat-flouro-chemicals-supreme-court-sandik-asia-280-itr-643-sc-is-not-correct-and-should-be-reconsidered/http://itatonline.org/archives/index.php/cit-vs-gujarat-flouro-chemicals-supreme-court-sandik-asia-280-itr-643-sc-is-not-correct-and-should-be-reconsidered/http://itatonline.org/archives/index.php/cit-vs-gujarat-flouro-chemicals-supreme-court-sandik-asia-280-itr-643-sc-is-not-correct-and-should-be-reconsidered/
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    interest on interest. S. 244A provides for interest

    on refunds under various contingencies. It is

    clarified that it is only that interest provided for

    under the statute which may be claimed by

    an assessee from the Revenue and no other

    interest on such statutory interest.

    Citicorp Finance (India) Ltd vs. ACIT (ITAT

    Mumbai) ITA 8532/Mum/2011 dt. 13th

    Sep13

    TDS Credit must be given even if TDS

    Certificate is not available/ entry is not

    shown in Form 26AS

    The assessee claimed credit for TDS which was

    denied by the AO on the ground that the

    claim did not match the entries shown in Form

    No. 26AS and that there was a discrepancy.

    On appeal, the CIT(A) held that the assessee

    would be entitiled to credit to the extent

    shown in the computer system of the

    department.

    On further appeal by the assessee to the

    Tribunal HELD:

    The AO is not justified in denying credit forTDS on the ground that the TDS is not

    reflected in the computer generated Form

    26AS. In Yashpal Sahwney 293 ITR 539 the

    Bombay High Court has noted the difficulty

    faced by taxpayers in the matter of credit

    of TDS and held that even if the deductor

    had not issued a TDS certificate, still the

    claim of the assessee has to be considered

    on the basis of the evidence produced for

    deduction of tax at source.

    The Revenue is empowered to recover taxfrom the person responsible if he had not

    deducted tax at source or after deducting

    failed to deposit with Central Government.

    The Delhi High Court has inCourt On Its

    Own Motion Vs. CIT 352 ITR 273 directed

    the department to ensure that credit is

    given to the assessee even where the

    deductor had failed to upload the correct

    details in Form 26AS on the basis of

    evidence produced before the

    department.

    Therefore, the department is required togive credit for TDS once valid TDScertificate had been produced or even

    where the deductor had not issued TDS

    certificates on the basis of evidence

    produced by assessee regarding

    deduction of tax at source and on the

    basis of indemnity bond.

    TRANSFER PRICING

    Vodafone India Service Private Limited

    Recently the Bombay High Court (HC) in the

    case of Vodafone India Service Private Limited

    (taxpayer), dismissed the writ petition of the

    taxpayer by ruling that the TPO had jurisdiction

    to identify and determine arms length price of

    transactions not referred to him by the AO nor

    reported by the taxpayer in the Transfer Pricing

    Accountants Report.

    The taxpayer claimed that the TPO did not

    have jurisdiction to determine ALP of

    transactions relating to sale of call centre

    business and assignment of call options and

    thereafter filed a writ petition before the HC to

    quash the transfer pricing adjustment of INR

    8,500 crores (USD 1330 Million) made by the

    TPO.

    The HC held that the taxpayer has more than

    one alternate remedy available under theIndian Tax Law (ITL). Therefore, the remedy

    provided by the statute should be availed of

    and not by way of a writ petition to the HC.

    The HC has purely decided on the jurisdiction

    of the TPO and maintainability of the writ and

    http://itatonline.org/archives/index.php/citicorp-finance-india-ltd-vs-acit-itat-mumbai-tds-credit-must-be-given-eeven-if-tds-certificate-is-not-available-entry-is-not-shown-in-form-26as/http://itatonline.org/archives/index.php/citicorp-finance-india-ltd-vs-acit-itat-mumbai-tds-credit-must-be-given-eeven-if-tds-certificate-is-not-available-entry-is-not-shown-in-form-26as/http://itatonline.org/archives/index.php/court-on-its-own-motion-vs-cit-delhi-high-court-strict-guidelines-issued-to-end-depts-tds-credit-refund-adjustment-harassment/http://itatonline.org/archives/index.php/court-on-its-own-motion-vs-cit-delhi-high-court-strict-guidelines-issued-to-end-depts-tds-credit-refund-adjustment-harassment/http://itatonline.org/archives/index.php/court-on-its-own-motion-vs-cit-delhi-high-court-strict-guidelines-issued-to-end-depts-tds-credit-refund-adjustment-harassment/http://itatonline.org/archives/index.php/court-on-its-own-motion-vs-cit-delhi-high-court-strict-guidelines-issued-to-end-depts-tds-credit-refund-adjustment-harassment/http://itatonline.org/archives/index.php/citicorp-finance-india-ltd-vs-acit-itat-mumbai-tds-credit-must-be-given-eeven-if-tds-certificate-is-not-available-entry-is-not-shown-in-form-26as/http://itatonline.org/archives/index.php/citicorp-finance-india-ltd-vs-acit-itat-mumbai-tds-credit-must-be-given-eeven-if-tds-certificate-is-not-available-entry-is-not-shown-in-form-26as/
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    Notification no. 25/2012 has been amended

    and following additional services are being

    declared as exempted from service tax:

    Any services provided by-

    (i) the National Skill Development

    Corporation set up by the Government of

    India;

    (ii) a Sector Skill Council approved by the

    National Skill Development Corporation;

    (iii) an assessment agency approved by the

    Sector Skill Council or the National Skill

    Development Corporation;

    (iv) a training partner approved by the

    National Skill Development Corporation or the

    Sector Skill Council

    in relation to (a) the National Skill Development

    Programme implemented by the National Skill

    Development Corporation; or (b) a vocational

    skill development course under the National

    Skill Certification and Monetary Reward

    Scheme; or (c) any other Scheme

    implemented by the National Skill

    Development Corporation.

    Notification no. 13/2013-ST. Dated: 10.09.2013

    Ad-hoc Exemption Order for taxable

    services provided by the Hotel or

    Restaurant in the flood affected State of

    Uttarakhand

    In order to provide support to ensure

    sustenance for the local population in the

    state of Uttarakhand, Central Government

    exempts the following taxable service from the

    whole of service tax provided to any person inthe State of Uttarakhand, namely:

    i. Services by way of renting of a room

    in a hotel, inn, guest house, club, campsite or

    other commercial place meant for residential

    or lodging purposes;

    ii. Services provided in relation to serving

    of food or beverages by a restaurant, eating

    joint or mess.

    Further, this exemption order shall be

    applicable for the abovementioned taxable

    services provided during the period 17thSeptember, 2013 to 31st March, 2014.

    Exemption order 01/2013-ST. Dated: 17.09.2013

    Central Excise

    Amendment in Notification no. 12/2012,

    dated 17.03.2012

    In the said notification, wherein certain goods

    were exempted from excise duty, entry no. 327

    (goods specified in List 9 for the manufactureof rotor blades for wind operated electricity

    generators) has been amended to include

    manufacture of intermediates, parts and sub-

    parts of rotor blades, for wind operated

    electricity generators.

    Notification no. 27/2013. Dated: 12.09.2013

    Amendment in CENVAT Credit Rules

    In rule 3 of the CENVAT Credit Rules, 2004, forsub-rule (5A), the following sub-rule shall be

    substituted-

    (5A) (a)If the capital goods, on which

    CENVAT credit has been taken, are removed

    after being used, the manufacturer or provider

    of output services shall pay an amount equal

    to the CENVAT Credit taken on the said capital

    goods reduced by the percentage points

    calculated by straight line method as specified

    below for each quarter of a year or part

    thereof from the date of taking the CENVATCredit, namely:-

    (i) for computers and computer peripherals:

    for each quarter in the first year @ 10%

    for each quarter in the second year @ 8%

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    for each quarter in the third year @ 5%

    for each quarter in the fourth and fifth year @

    1%

    (ii) for capital goods, other than computers

    and computer peripherals @ 2.5% for each

    quarter:

    Provided that if the amount so calculated is

    less than the amount equal to the duty

    leviable on transaction value, the amount to

    be paid shall be equal to the duty leviable on

    transaction value.

    (b) If the capital goods are cleared as waste

    and scrap, the manufacturer shall pay an

    amount equal to the duty leviable on

    transaction value.

    Notification No. 12 /2013-CE (NT). Dated:27.09.2013

    VALUE ADDED TAX

    Information online in Form DP-1

    Form DP-1 shall be submitted online by all the

    dealers latest by 16/10/2013.

    Notification No.F.3(352)/Policy/VAT/2013/751-

    762. Dated: 09.09.2013

    Withdrawal of privilege of VAT refund

    The privilege of VAT refund has been

    withdrawn in respect of the High Commission

    of the Islamic Republic of Pakistan, New Delhi

    for its official purchases as well as for personal

    purchases of its diplomats, till further order.

    Notification No.F.5(54)/Policy-II/VAT/2012-

    13/769-781. Dated: 16.09.2013

    Filing of stock statement

    The date for filing of Stock Statement in Form

    Stock-1 online for the stock available on 31st

    March, 2013 has been extended to 5th

    October 2013 for all the dealers.

    Notification No.F.7(433)/Policy-

    II/VAT/2012/part File/782-794. Dated:

    16.09.2013

    Amnesty scheme

    Delhi Tax Compliance AchievementScheme,2013 has been announced, under

    which a person may make a declaration of

    the tax dues to the designated authority on or

    before the 31st day of January 2014 so as to

    avoid obligations of interest and penalty.

    Notification No.F.3(16) / Fin. (Rev-I) /2013- 14/

    dsVI /786. Dated: 20.09.2013

    CUSTOMSAmendment in Notification No. 12/2012-

    Customs dated 17.03.2012

    The said notification, which states customs duty

    rate on various items, has been amended so

    as to include sugar beet seeds on which

    customs duty will be payable at the rate of 5%.

    Notification No. 43 /2013-Customs. Dated:

    13.09.2013

    Revision of customs duty rate on articles ofgold and silver jewellery and goldsmiths

    and silversmiths ware

    Import duty leviable on articles of jewellery

    and parts thereof, of precious metal or of

    metal clad with precious metal and articles of

    goldsmiths or silversmiths wares and parts

    thereof, of precious metal or of metal clad with

    precious metal, falling under headings 7113

    and 7114 respectively of the First Schedule to

    the Customs Tariff Act, 1975 has beenincreased from 10% to 15%.

    Notification No. 44/2013-Customs. Dated:

    17.09.2013

    Amendment Notification No. 36/2001-

    Customs (N.T.), dated 3.08.2001

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    Tariff value on the following goods has been

    revised:

    TABLE-1

    TABLE-2

    S.No.

    Chapter/heading/ sub-heading/ tariffitem

    Description ofgoods

    Tariffvalue(US $)

    (1) (2) (3) (4)

    1 71 or 98 Gold, in any form,in respect of which

    the benefit of

    entries at serial

    number 321 and

    323 of the

    Notification No.

    12/2012-Customs

    436

    per 10

    grams

    dated 17.03.2012 is

    availed

    2 71 or 98 Silver, in any form,in respect of which

    the benefit of

    entries at serial

    number 322 and324 of the

    Notification No.

    12/2012-Customs

    dated 17.03.2012 is

    availed

    702

    per

    kilogr

    am

    TABLE-3

    S.No.

    Chapter/headin

    g/ sub-heading/tariffitem

    Description of goods

    Tariff value(US $ PerMetric Tons )

    (1) (2) (3) (4)

    1 080280 Areca nuts 1870 (i.e. nochange)

    Notification No. 102/2013-CUSTOMS (N. T.).

    Dated: 30.09.2013

    Recent Case Laws:

    Whether sales tax or service tax is

    applicability on hire charges received on

    transfer of right to use goods

    Recently in the case of State of Andhra

    Pradesh v/s RashtriyaIspat Nigam Limited.,

    Honorable Supreme Court has observed that

    when the effective control of the goods

    remains in the hands of the transferor only,

    despite of it being used by the transferee, then

    hire charges received in lieu of the goods

    used, is not leviable to sales tax.

    Goods are merely given to the transferee for

    specific use, but transferee cannot use them

    as per his own will, which implies that the

    effective control and possession remains in the

    S.

    No.

    Chapter/

    heading/sub-heading/tariff item

    Description

    of goods

    Tariff

    value US $(PerMetricTonne)

    (1) (2) (3) (4)

    1 1511 10 00 Crude PalmOil

    809

    2 1511 90 10 RBD PalmOil

    862

    3 1511 90 90 Others Palm Oil

    836

    4 1511 10 00 CrudePalmolein

    883

    5 1511 90 20 RBDPalmolein

    886

    6 1511 90 90 Others Palmolein

    885

    7 1507 10 00 CrudeSoyabean

    Oil

    966

    8 7404 00 22 Brass Scrap(all grades)

    3860

    9 1207 91 00 Poppyseeds

    2556

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    hands of the transferor only. Further, goods

    being in the custody of the transferee do not

    militate against possession.

    The essential condition of section 5E of the

    Andhra Pradesh general Sales Tax Act for levyof sales tax involves transfer of right to use, but

    here the right to use goods is not transferred

    and hence sales tax is not leviable on hire

    charges.However, as per Section 66E of the Finance

    Act, 1994, as amended declared Service

    includes when there is transfer of goods by

    way of hiring, leasing, licensing or in any such

    manner without transfer of right to use such

    goods. Hence service tax will be levied byvirtue of such transaction falling in the

    declared service.

    FEMA

    A.P. (DIR Series) Circular No. 31 dated

    September 4, 2013

    External Commercial Borrowings (ECB)

    from the foreign equity holder

    On a review, subject to the conditions

    prescribed in the circular, it has been decided

    to permit eligible borrowers to avail of ECB

    under the approval route from their foreign

    equity holder company with minimum

    average maturity of 7 years for general

    corporate purposes.

    A.P. (DIR Series) Circular No. 39 datedSeptember 6, 2013

    Export and Import of Currency

    As per Regulation (2) of Foreign Exchange

    Management (Export and Import of Currency)

    (Amendment) Regulations, 2009, notified vide

    Notification No. FEMA 195/RB-2009 dated July

    7, 2009, any person resident in India may take

    outside India or having gone out of India on a

    temporary visit, may bring into India (other

    than to and from Nepal and Bhutan) currency

    notes of Government of India and ReserveBank of India notes up to an amount not

    exceeding Rs.7,500 per person.

    As a measure of enhanced flexibility any

    person resident in India, may take outside India

    (other than to Nepal and Bhutan) currency

    notes of Government of India and Reserve

    Bank of India notes up to an amount not

    exceeding Rs.10,000 (Rupees ten thousand

    only) per person; and who had gone out of

    India on a temporary visit, may bring into Indiaat the time of his return from any place outside

    India (other than from Nepal and Bhutan),

    currency notes of Government of India and

    Reserve Bank of India notes up to an amount

    not exceeding Rs.10,000 (Rupees ten thousand

    only) per person.

    A.P. (DIR Series) Circular No. 42 dated

    September 12, 2013

    Foreign Investment in IndiaGuidelines forcalculation of total foreign investment in

    Indian companies, transfer of ownership

    and control of Indian companies and

    downstream investment by Indian

    companies

    On a review of the policy, condition (d) in Para

    6 (ii) of Annex to A.P. (DIR Series) Circular No.1

    dated July 04, 2013, as regards downstreaminvestments by an Indian company which is

    not owned and/or controlled by resident

    entity/ties, has been amended.

    The amendment is that now Downstream

    investments through internal accruals are

    permissible by an Indian company, subject to

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    the provisions of clause 6(i) and as also

    elaborated in the Circular as against

    Downstream investments through internal

    accruals being permissible by an Indian

    company engaged only in activity of investing

    in the capital of another Indian company/ies,subject to the provisions of the above circular.

    A.P. (DIR Series) Circular No. 43 dated

    September 13, 2013

    Export of Goods and Services-

    Simplification and Revision of Declaration

    Form for Exports of Goods/Softwares

    The existing form used for declaration of

    exports of Goods/Softwares has beensimplified and a common form called Export

    Declaration Form (EDF) has been devised to

    declare all types of export of goods from Non-

    EDI ports and a common SOFTEX Form to

    declare single as well as bulk software exports.

    The EDF will replace the existing GR/PP form

    used for declaration of export of Goods. The

    procedure relating to the exports of goods

    through EDI ports will remain the same and SDF

    form will be applicable as hitherto.

    Under the revised procedure, the exporters will

    have to declare all the export transactions,

    including those less than US$25000, in the form

    as applicable.

    A.P. (DIR Series) Circular No. 44 dated

    September 13, 2013

    Foreign Direct Investment (FDI) in India

    Review of FDI policydefinition for controland sector specific conditions

    This circular defines the revised definition of the

    term Control as under:

    'Control' shall include the right to appoint a

    majority of the directors or to control the

    management or policy decisions including by

    virtue of their shareholding or management

    rights or shareholders agreements or voting

    agreements.

    It also lists that the government of HimachalPradesh and Karnataka have given their

    consent to implement the FDI policy on Multi

    Brand Retail Trading in Himachal Pradesh and

    Karnataka respectively.

    Further, the extant policy on FDI caps and

    routes for various sectors has since been

    reviewed. Accordingly, in order to bring

    uniformity in the sectoral classification position

    for FDI as notified under the Consolidated FDI

    Policy Circular with the FEMA Regulations,Annex B of Schedule 1 to Notification No.

    FEMA. 20/2000-RB dated 3rd May 2000, has

    been suitably revised and the updated list is

    given at the Annex.

    A.P. (DIR Series) Circular No. 48 dated

    September 18, 2013

    External Commercial Borrowings (ECB)

    Policy Liberalisation of definition ofInfrastructure Sector

    This Circular contains the expanded definition

    for infrastructure sector for the purpose of

    availing ECB.

    A.P. (DIR Series) Circular No. 53 dated

    September 24, 2013

    Trade Credits for Import into India

    As per the extant guidelines, AD Category - I

    banks may approve availing of trade credit

    not exceeding USD 20 million up to a maximum

    period of five years (from the date of

    shipment) for companies in the infrastructure

    sector, subject to certain terms and conditions

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    10

    stipulated therein. It is also stipulated that AD

    Category - I banks are not permitted to issue

    Letters of Credit/guarantees/Letter of

    Undertaking (LoU) /Letter of Comfort (LoC) in

    favour of overseas supplier, bank and financial

    institution for the extended period beyondthree years. No roll-over/extension is permitted

    beyond the permissible period.

    On a review, with immediate effect, it has

    been decided to allow companies in all

    sectors to avail of trade credit not exceeding

    USD 20 million up to a maximum period of five

    years for import of capital goods as classified

    by Director General of Foreign Trade (DGFT). It

    has also been decided to relax the ab-initio

    contract period of 15 (fifteen) months for alltrade credits to 6 (six) months.

    However, the AD Category - I banks are,

    cannot issue Letters of credit/guarantees

    /Letter of Undertaking (LoU) /Letter of Comfort

    (LoC) in favour of overseas supplier, bank and

    financial institution for the extended period

    beyond three years.

    All other aspects of Trade Credit policy will

    remain unchanged and should be compliedwith.

    A.P. (DIR Series) Circular No. 59 dated

    September 30, 2013

    External Commercial Borrowings (ECB)

    PolicyRefinancing / Rescheduling of ECB

    As per the extant guidelines, the eligible

    borrowers desirous of refinancing an existing

    ECB can raise fresh ECB at a higher all-in-cost /

    reschedule an existing ECB at a higher all-in-

    cost under the approval route subject to the

    condition that the enhanced all-in-cost does

    not exceed the all-in-cost ceiling prescribed as

    per extant guidelines.

    It has been decided, on a review, to

    discontinue the facility of allowing eligible

    borrowers to raise ECB at a higher all-in-cost to

    refinance / reschedule an existing ECB

    effective from October 01, 2013.

    The scheme of refinance of existing ECB by

    raising fresh ECB at lower all-in-cost, subject to

    the condition that the outstanding maturity of

    the original ECB is either maintained or

    extended, will continue as hitherto under the

    automatic route and approval route as the

    case may be.

    All other aspects of ECB policy shall remain

    unchanged.

    COMPANY LAW

    Commencement Notification of

    Companies Act, 2013

    [Notification dated 12th September, 2013]

    The Central Government notified 98 provisions

    of the Companies Act, 2013, effective from the12th day of September, 2013.

    Clarification on the Notification dated

    12.09.2013

    [General Circular No.15/2013 dated 13th

    September, 2013]

    The Companies Act, 2013, has been notified in

    the Gazette of India on 30th August, 2013,

    after receiving the approval from the President

    on 29th August, 2013. For inviting the

    comments/ suggestions or objections from the

    stakeholders or general public, a portion of the

    Draft Rules on 16 Chapters were placed on the

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    12

    India Value Fund close to picking stakein Trivitron Healthcare for up to $24M

    Arisaig Partners ups stake inMcDonalds franchisee Westlife to 6.9%

    for $29M more

    GMR divests 74% stake in highway unitto IDFC for $35M

    Penguin Random House acquires ABPGroups stake in Indian arm for $8.5M

    Barclays to shut wealth managementservices in 130 countries

    Unitech's Gurgaon IT SEZ sale may bedelayed

    http://www.vccircle.com/news/medical-devices/2013/09/17/india-value-fund-close-picking-stake-trivitron-healthcare-24mhttp://www.vccircle.com/news/medical-devices/2013/09/17/india-value-fund-close-picking-stake-trivitron-healthcare-24mhttp://www.vccircle.com/news/medical-devices/2013/09/17/india-value-fund-close-picking-stake-trivitron-healthcare-24mhttp://www.vccircle.com/news/medical-devices/2013/09/17/india-value-fund-close-picking-stake-trivitron-healthcare-24mhttp://www.vccircle.com/news/food-agri/2013/09/17/arisaig-partners-ups-stake-mcdonald%E2%80%99s-franchisee-westlife-69-29m-morehttp://www.vccircle.com/news/food-agri/2013/09/17/arisaig-partners-ups-stake-mcdonald%E2%80%99s-franchisee-westlife-69-29m-morehttp://www.vccircle.com/news/food-agri/2013/09/17/arisaig-partners-ups-stake-mcdonald%E2%80%99s-franchisee-westlife-69-29m-morehttp://www.vccircle.com/news/food-agri/2013/09/17/arisaig-partners-ups-stake-mcdonald%E2%80%99s-franchisee-westlife-69-29m-morehttp://www.vccircle.com/news/food-agri/2013/09/17/arisaig-partners-ups-stake-mcdonald%E2%80%99s-franchisee-westlife-69-29m-morehttp://www.vccircle.com/news/construction/2013/09/17/gmr-divests-74-stake-highway-unit-idfc-35mhttp://www.vccircle.com/news/construction/2013/09/17/gmr-divests-74-stake-highway-unit-idfc-35mhttp://www.vccircle.com/news/construction/2013/09/17/gmr-divests-74-stake-highway-unit-idfc-35mhttp://www.vccircle.com/news/construction/2013/09/17/gmr-divests-74-stake-highway-unit-idfc-35mhttp://www.vccircle.com/news/consumer/2013/09/23/penguin-random-house-acquires-abp-group%E2%80%99s-stake-indian-arm-85mhttp://www.vccircle.com/news/consumer/2013/09/23/penguin-random-house-acquires-abp-group%E2%80%99s-stake-indian-arm-85mhttp://www.vccircle.com/news/consumer/2013/09/23/penguin-random-house-acquires-abp-group%E2%80%99s-stake-indian-arm-85mhttp://www.vccircle.com/news/consumer/2013/09/23/penguin-random-house-acquires-abp-group%E2%80%99s-stake-indian-arm-85mhttp://www.vccircle.com/news/consumer/2013/09/23/penguin-random-house-acquires-abp-group%E2%80%99s-stake-indian-arm-85mhttp://www.vccircle.com/news/banking/2013/09/26/barclays-shut-wealth-management-services-130-countrieshttp://www.vccircle.com/news/banking/2013/09/26/barclays-shut-wealth-management-services-130-countrieshttp://www.vccircle.com/news/banking/2013/09/26/barclays-shut-wealth-management-services-130-countrieshttp://www.vccircle.com/news/banking/2013/09/26/barclays-shut-wealth-management-services-130-countrieshttp://www.vccircle.com/news/real-estate/2013/09/26/unitechs-gurgaon-it-sez-sale-may-be-delayedhttp://www.vccircle.com/news/real-estate/2013/09/26/unitechs-gurgaon-it-sez-sale-may-be-delayedhttp://www.vccircle.com/news/real-estate/2013/09/26/unitechs-gurgaon-it-sez-sale-may-be-delayedhttp://www.vccircle.com/news/real-estate/2013/09/26/unitechs-gurgaon-it-sez-sale-may-be-delayedhttp://www.vccircle.com/news/real-estate/2013/09/26/unitechs-gurgaon-it-sez-sale-may-be-delayedhttp://www.vccircle.com/news/real-estate/2013/09/26/unitechs-gurgaon-it-sez-sale-may-be-delayedhttp://www.vccircle.com/news/banking/2013/09/26/barclays-shut-wealth-management-services-130-countrieshttp://www.vccircle.com/news/banking/2013/09/26/barclays-shut-wealth-management-services-130-countrieshttp://www.vccircle.com/news/consumer/2013/09/23/penguin-random-house-acquires-abp-group%E2%80%99s-stake-indian-arm-85mhttp://www.vccircle.com/news/consumer/2013/09/23/penguin-random-house-acquires-abp-group%E2%80%99s-stake-indian-arm-85mhttp://www.vccircle.com/news/construction/2013/09/17/gmr-divests-74-stake-highway-unit-idfc-35mhttp://www.vccircle.com/news/construction/2013/09/17/gmr-divests-74-stake-highway-unit-idfc-35mhttp://www.vccircle.com/news/food-agri/2013/09/17/arisaig-partners-ups-stake-mcdonald%E2%80%99s-franchisee-westlife-69-29m-morehttp://www.vccircle.com/news/food-agri/2013/09/17/arisaig-partners-ups-stake-mcdonald%E2%80%99s-franchisee-westlife-69-29m-morehttp://www.vccircle.com/news/food-agri/2013/09/17/arisaig-partners-ups-stake-mcdonald%E2%80%99s-franchisee-westlife-69-29m-morehttp://www.vccircle.com/news/medical-devices/2013/09/17/india-value-fund-close-picking-stake-trivitron-healthcare-24mhttp://www.vccircle.com/news/medical-devices/2013/09/17/india-value-fund-close-picking-stake-trivitron-healthcare-24m
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    Disclaimer: This document has been prepared on the

    basis of Companies Bill, 2011 as passed in the Lok

    Sabha on 18th December, 2012. SPN does not own

    the responsibility of any error or omission. The users

    and readers are advised to seek specific opinion

    before acting upon this document.

    w ww.spnagrath.com

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