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		 TAX CONNECT – 51 st
 Issue                                                                                                                                      JAV & ASSOCIATES 
(17 Jan. 2016 – 23  Jan. 2016)                                                   Page 1                                                          Chartered Accountants 
 
                      
                        
 
      
                                                                           
TAX CONNECT  
51st
 
Issue 
17  Jan 2016  – 23 Jan 2016 
INCOME TAX 
CENTRAL EXCISE  SERVICE TAX 
GST 
 
CUSTOMS 
STATE TAXES 
JAV & ASSOCIATES  
Chartered Accountants    
Head Office:                      
1, Old Court House Corner  
^Toao House_ 1 st
 Floor 
Room No.-13 (North)                
Kolkata-70001                        
West Bengal                                  
 
 
     
Branch Office:  
Quarter no. 3/174  
Gujarat Refinery Township  
Jawaharnagar 
Vadodara-391320 
Gujarat 
      
     
Contact: 
+919331042424; +91931594980; 
+918697575185; +913322625203  Email: 
tb.chatterjee@dic.co.in; 
tb.chatterjee@yahoo.co.in; 
cavivekjalan@gmail.com;  vivek.jalan@icai.org
TAX CONNECT – 51 st
 Issue                                                                                                                                      JAV & ASSOCIATES 
(17 Jan. 2016 – 23  Jan. 2016)                                                   Page 2                                                          Chartered Accountants 
 
               
 
                           
Friends, 
In  GST,  the Goods  &  Service  Tax  Network  (GSTN)  has 
released  a  publication  on  GST  Eco  Systems  and  GST 
Service Providers (GSP). As we all know that GSTN shall 
work in GST almost in the same way as NSDL is working 
in  Income  tax.  This  documents  provides  a  good 
understanding on the Application Programme Interface 
(API)  systems &  the  Eco  Systems  which  GSTN  will  work 
wi th.  Further  it  is  also  provides  an  opportunity  to 
become  enrolled  as  GSPs . Present  Accounting  & 
Accounting  software  concerns  should  seize  this 
opportunity  to  be  a  part  of  the  biggest  Tax  reform  in 
the  country.  Also  this  can  be  a  good  opportunity  for 
start ups. 
In  Excise  &  Service  Tax,  a  step  towards  expediting 
refunds has been taken by the CBEC by  issuing General 
Guidelines  w.r.t.  e-payment  of  refund/rebate  vide 
Circular  No.  1013/1/2016-CX  dated  12thJan,2016. 
While  this  is  a  positive  step,  yet  the  greater  area  of 
concern  is  the  attitude  &  pace  of  the  sanctioning  of 
refunds  and  the  related  harassments  and  costs 
thereto. While Income Tax has to a great extent eased 
the  process,  in  Indirect  Tax  refunds  still  remains  an 
area of concern. 
A  brief  of  the  prescribed  procedure  for  e-payment  of 
refund/rebate is as follows - 
  I . E.PAYMENT THROUGH AUTHORIZED BANKS 
a.     The  Commissioner  after  obtaining 
concurrence  from  authorized  banks  shall 
authorize  the  refund  sanctioning  authorities  to 
make e-payment of refund/rebate. 
 
b.     The  banks  may  charge  the  refund 
applicant claimant fee  for remitting the refund 
amount  through  RTGS/NEFT  and  the  claimant 
would get only the net amount. 
 
 II.  PROCEDURE FOR E-PAYMENT  
Detailed procedure to be followed by the claimant and 
the  refund  sanctioning  authority  for  e-payment  have 
been laid down in the circular in prescribed format. 
 
III.  PROCEDURE FOR RECONCILIATION  
Detailed  procedure  to  be  followed  by  the  banks   and 
the  refund  sanctioning  authority  for  reconciliation  of 
payment  made  through  RTGS/NEFT  to  the  claimant  
have  been  laid  down  in  the  circular  along  with  the 
prescribed format. 
 
In  PF,  the  5  day  grace  period  in  respect  of  payment  of 
provident  fund  contribution  by  employers  has  been 
removed.  The  Employee  Provident  Fund  Organization 
(EPFO)  brought  out  a  circular  to  this  effect  which  shall 
come  into  force  from  February  2016.  The  reason 
behind this decision was due to ease in calculations and 
deposition  of  challan  online  which  has  reduced  the 
entire process.  
Just  to  reiterate  that  we  remain  available  over  a  
telecom or e-mail.    
Truly Yours    
Timir Baran Chatterjee  
M.Com, FCS, MBA (International Business)-IIFT, ACMA      
Vivek Jalan  
FCA, CIDT (ICAI), B. Com   
EDITORIAL
TAX CONNECT – 51 st
 Issue                                                                                                                                      JAV & ASSOCIATES 
(17 Jan. 2016 – 23  Jan. 2016)                                                   Page 3                                                          Chartered Accountants 
 
      
S.
 NO. TOPICS  
PAGE 
NO. 
1] COMPLIANCE CALENDAR 4 
2] 
GOODS & SERVICE TAX (GST) - REPORT OF SUB COMMITTEE - II ON MODEL GST ACT, 2016  – LEVY & 
COLLECTION OF TAX : : VALUE OF SUPPLY OF GOODS & SERVICES 5 
3] CENTRAL TAXES   
a) SERVICE TAX 6 
Case Law If a person is discharging service tax liability from his registered premises, th e benefit of cenvat credit on 
the service tax paid by the service provider cannot be denied, only on the ground that the invoices are 
in the name of branch offices which were not separately registered.  Case Law Courtesy services or assistance rendered by the service provider to the se rvice receiver beyond the 
scope of the contractual obligations shall not be included in the taxable value  of services.  
b) CENTRAL EXCISE 7 
Notification/Circular Implementation of e-payment of refund/ rebate 
  
Case Law  Charges towards training provided to the customer's staff is not includab le in the assessable value.  
Case Law Cash discounts for prompt payment of price of goods on delivery, are admi ssible in arriving at the 
assessable value if they are available to all buyers. 
c) CUSTOMS 8 
Notification/Circular Deeper tariff concessions in respect of specified goods imported from Korea RP under  the India-Korea 
Comprehensive Economic Partnership Agreement (CEPA) w.e.f. 01.01.2016 
  
Notification/Circular Export duty on Iron ore pellets reduced to Nil rate from 5% 
Notification/Circular Rescinding Notification No. 09/95-Customs dated 06.03.1995: Exemption to specified goods w hen 
Notification/Circular Revision of Exchange Rate of Foreign Currencies into Rupee & vice versa 
d) INCOME TAX 9 
Case Law  Interest income on the fixed deposits kept for arranging bank guarantees in the  formative/pre-operative 
period of the business shall not be treated as surplus funds utilized for earning additional interest 
ivoue avd uade liale to tauvder the head ^Ivoue frou other soures_ ut set o ff agaivst the pre-
operative expenses.  
Case Law In the case of trust or institution, if the dominant/primary purpose is chari table, another object which 
by itself may not be charitable, would not prevent the trust or institution from being a valid charity.  
4] STATE TAXES 10  
Notification/Circular  
Andhra Pradesh: Order regarding passing on the Purchase Tax amount of Rs.60/- per M.T. to the cane 
growers as Incentive for 2014-2015 crushing season 
 Delhi:  Filing of Form GE-I and GE-II by Government Entity 
Karnataka:   Submission  of  statement  in  Form  VAT-125  containing  particulars  of  tax  deducted  during 
preceding month electronically 
 
Rajasthan:  Amendment in Rajasthan Investment Promotion Scheme - 2014 
 
 
West Bengal:  Amendment in WBVAT Schedule A and Schedule C regarding Solar devices 
 
   
INDEX
TAX CONNECT – 51st Issue                                                                                                                                      JAV & ASSOCIATES 
(17 Jan. 2016 – 23  Jan. 2016)                                                   Page 4                                                         Chartered Accountants 
 
 
Due date COMPLIANCES FROM 10th January, 2016 
to 16th January, 2016 
STATUTE 
20 th January, 
2016 
Deposit of VAT of previous month Andhra Pradesh VAT Act , Chandigarh VAT Act 
Karnataka VAT Act, Punjab VAT Act (if payment by cheque) 
Tamil Nadu VAT Act , Uttar Pradesh VAT Act 
Uttarakhand VAT Act , Manipur VAT Act 
Goa VAT Act (if Tax> or = Rs. 1 lac) 
 
Filing of monthly/quarterly  
VAT return 
Andhra Pradesh VAT Act (Monthly) 
Karnataka VAT Act (Monthly) 
Tamil Nadu VAT Act(Monthly) 
Uttar Pradesh VAT Act (Monthly) 
Uttarakhand VAT Act (Quarterly), 
Punjab VAT Act (Monthly, if payment is through cheque) 
Manipur VAT Act (Monthly, if Turnover in PY is > Rs. 40 lacs) 
Manipur VAT Act (Quarterly, if Turnover in PY is < Rs 40 lacs) 
 Deposit of P T ax of previous month Karnataka VAT Act, West Bengal VAT Act 
 Deposit of Entry tax of previous month Andhra Pradesh VAT Act, Karnataka VAT Act 
Uttar Pradesh VAT Act, Uttarakhand VAT Act 
 Deposit of WCT of previous month Andhra Pradesh VAT Act, Karnataka VAT Act 
Tamil Nadu VAT Act , Uttar Pradesh VAT Act 
Uttarakhand VAT Act, Goa VAT Act (if Tax> or = Rs. 1 lac) 
 Filing of monthly/quarterly WCT return Karnataka VAT Act (Monthly) 
Uttarakhand VAT Act (Quarterly) 
 Issuance of WCT certificate Uttar Pradesh VAT Act  
Manipur VAT Act 
21st January, 
2016 
Deposit of VAT of previous month Assam VAT Act, Delhi VAT Act,  
Maharashtra VAT Act, Odisha VAT Act ,  
Nagaland VAT Act 
Meghalaya VAT Act 
 
Filing of monthly/quarterly VAT return Assam  VAT Act (Monthly),  
Maharashtra VAT Act (Monthly),  
Odisha VAT Act (Monthly),  
Meghalaya VAT Act (Monthly) 
 Deposit of WCT of previous month Maharashtra VAT Act 
 Deposit of Entry tax of previous month Odisha VAT Act, West Bengal VAT Act 
 Deposit of Ptax of previous month Odisha VAT Act 
22nd January, 
2016 
ESI deposit of previous month ESI Act 
 Deposit of VAT of previous month Gujarat VAT Act 
 Deposit of WCT of previous month Gujarat VAT Act 
 Issuance of WCT certificate Delhi VAT Act 
 Deposit of Entry tax of previous month Gujarat VAT Act 
COMPLIANCE CALENDAR
TAX CONNECT – 51st Issue                                                                                                                                      JAV & ASSOCIATES 
(17 Jan. 2016 – 23  Jan. 2016)                                                   Page 5                                                         Chartered Accountants 
 
 
REPORT  OF  SUB  COMMITTEE  -  II  ON  MODEL  GST  ACT, 
2016  – MANNER OF TAKING INPUT TAX CREDIT AND ITS 
UTILIZATION 
 
CHAPTER  IV  of  the  model  GST  Act  deals  with  the  
manner of input tax credit (ITC) and utilization thereof:   (1)  Every  taxable  person  shall  be  entitled  to  take  credit  
of  input  tax  for  payment  of  output  tax  to  the  
appropriate Government.   
(2)  Where  the  goods  and/or  services  are  used  by  the 
taxable person: 
  -  for  both  business  and  other  purposes:   ITC  shall  be 
restricted  tax  to  tax  attributable  to  business 
purpose. 
-   for effecting both taxable supplies and non-taxable 
supplies   (including  exempt  supplies  but  excluding 
zero-rated  supplies):  ITC  shall  be  restricted  tax  to  
tax  attributable  to  the  taxable  supplies  including  
zero-rated supplies. 
 
(3)  Utilization of ITC 
  -  ITC  on  account  of  IGST  shall  first  be  utilized  for 
payment  of IGST, then SGST and finally CGST 
-   ITC  on  account  of  CGST  shall  first  be  utilized 
towards payment of CGST and then IGST. 
-   ITC  on  account  of  SGST  shall  first  be  utilized 
towards payment of SGST and then IGST. 
-   ITC  on  account  of  CGST  shall  not  be  utilized 
towards payment of SGST and vice versa  
(4)  Unadjusted  credit   at  the  end  of  the  year  can  be 
carried  forward  or  claimed  as  refund  as  per  section 
22  of  the  Act . Where  any  refund  is  due  to  a  taxable 
person who has defaulted in furnishing any  return or 
who  is  required  to  pay  any  tax  or  penalty  not  been  
stayed by any Court, Tribunal or Appellate Authority,  
the  proper  officer  may  withhold  refund  payment  or 
deduct tax due from the refund due.  
(5)  No ITC shall be available unless the taxable person is 
in  possession  of  a  tax  invoice   issued  by  a  supplier 
registered under this Act or the IGST Act and  the tax charged  has  been  paid  to  the  appropriate
 
Government.  
  (6)  On  sale,  merger,  demerger,  amalgamation,  lease  or  
transfer  of  the  business  with  the  specific  provision 
for  transfer  of  liabilities,  the  taxable  person  shall  be 
allowed  to  transfer  the  input  tax  credit  that  remains 
unadjusted  in  its  books  of  accounts  to  such  
transferred,  sold,  merged,  demerged,  leased  or  
amalgamated business in the manner prescribed. 
   
(7)  ITC shall not be available in respect of the following:   
(a)  motor vehicles, except when they are supplied in the 
usual  course  of  business  or  are  used  for 
transportation  of  passenger,  goods  or  imparting 
training on motor driving skills   
(b)  HSD  oil,  petrol,  aviation  turbine  fuel,  petroleum  
crude oil and aviation gasoline 
  (c)  goods  or  services  provided  in  relation  to  outdoor 
catering, beauty treatment, health services, cosmetic 
and  plastic  surgery,  membership  of  a  club,  health 
and  fitness  centre,  life  insurance,  health  insurance 
and  travel  benefits  to  employees,  when  such  goods 
and/or  services  are  used  primarily  for  personal  use  
or consumption of any employee 
  (d)  goods  and/or  services  acquired  by  the  principal  in 
the  execution  of  works  contract  when  such  contract  
results  in  construction  of  immovable  property, other  
than plant and machinery 
 (e)  goods  acquired  by  a  principal,  the  property  in  which 
is  not  transferred  (whether  as  goods  or  in  some 
other  form)  to  any  other  person,  which  are  used  in  
the  construction  of  immovable  property,  other  than  
plant and machinery 
 (f)  goods  and/or  services  on  which  tax  has  been  paid 
under section 8 of the Act 
  (g)  goods  and/or  services  consumed  for  personal  
purpose. 
   
GOODS & SERVICE TAX (GST)
TAX CONNECT – 51st Issue                                                                                                                                      JAV & ASSOCIATES 
(17 Jan. 2016 – 23  Jan. 2016)                                                   Page 6                                                         Chartered Accountants 
  
SERVICE TAX 
COURT DECISIONS    
GAIL  INDIA  LTD.  VERSUS  COMMISSIONER  OF  CENTRAL 
EXCISE  AND  SERVICE  TAX,  LTU,  NEW  DELHI E [CESTAT 
NEW DELHI] 
 
BRIEF: If a person is discharging service tax liability fr om 
his  registered  premises,  the  benefit  of  cenvat  credit  on  
the  service  tax  paid  by  the  service  provider  cannot  be 
denied,  only  on  the  ground  that  the  invoices  are  in  the 
name  of  branch  offices  which  were  not  separately 
registered. 
 
OUR  COMMENTS: The  assessee  is  in  the  business  of 
natural  gas  to  industrial  and  other  consumers.  One of  its  
unit was providing the taxable output service of supply of  
goods  through  pipeline  to  local  consumers  and  others  
from  piplelines  at  various  other  destinations.  It  also  had 
various  compressor  stations  supplying  output  service  of  
conveyance  of  gas.  It  took  cenvat  credit  on  the  basis  of  
invoices  raised  by  one  of  its  compressor  stations  which 
was not registered separately .  
 
The  Department  issued  a  show  cause  notice  proposing 
denial of cenvat credit along with interest and penalties.    
The  Hov’le  CE“TAT   held  that  if  a  person  is  discharging 
service  tax  liability  from  his  registered  premises,  the  
benefit  of  cenvat  credit  on  the  service  tax  paid  by  the 
service  provider  cannot  be  denied,  only  on  the  ground 
that the invoices are in the name of branch offices which  
were not separately registered.   
Accordingly,  the  impugned  order  was  unsustainable  and 
quashed.    
[Decided in favor of assessee]     
CST, CHENNAI - I VERSUS M/S. J.M. BAXI & CO.  
[CESTAT CHENNAI] 
 
BRIEF:  Courtesy  services  or  assistance  rendered  by  the 
service  provider  to  the  service  receiver  beyond  the  
scope  of  the  contractual  obligations  shall  not  be 
included in the taxable value of services.
 
  
OUR  COMMENTS :  In  the  above  case,  the  assessee  is 
registered  in  the  category  of  steamer  agent  and  pays  
service  tax  on  the  service  charges  collected  from  their 
customers  (shipping  lines)  accordingly.  It  also  incurs 
additional expenditure towards arranging drinking water, 
garbage  clearance,  transport  for  crew  etc.  The  shipping 
line  reimburses  these  expenses  to  the  assessee  and  the  
same  does  not  form  part  of  the  service  charges.  The  
charges  for  providing  steamer  agent  services  are 
collected  separately  and  service  tax  is  being  paid  on  the  
said amount.   
The  Department  contended  that  sum  reimbursed  by  the 
shipping  lines  against  additional  expenditure  incurred  by 
the  asessee  should  be  included  in  the  value  of  taxable 
services.   
The Hov’le CE“TAT  held that the additional expenditure 
incurred  by  the  assessee  are  only  courtesy  services  or  
assistance  rendered  to  shipping  lines,  beyond  the  scope 
of  any  contractual  obligations.  The  assesee  is  the  ship’s 
conduit in the port of call for contracted steamer agency 
service.  There  can  arise  requests  for  assistance  for  the 
ship  o r  her  offiers,  ov  issues  vot  related  to  ship’s 
husbandry  or  booking  etc.  of  cargo.  And,  because  of 
ongoing  relationship  with  the  shipping  line,  the  steamer  
agents extend such assistance.    
Therefore,  the  value  reimbursed  thereof  is  not  required 
to  be  added  to  the  value  of  taxable  services  and  hence 
no tax liability will arise on such value.     
[Decided in favor of assessee]                       
CENTRAL TAXES
TAX CONNECT – 51st Issue                                                                                                                                      JAV & ASSOCIATES 
(17 Jan. 2016 – 23  Jan. 2016)                                                   Page 7                                                         Chartered Accountants 
 CENTRAL EXCISE 
NOTIFICATIONS/CIRCULARS 
 
GENERAL GUIDELINES FOR IMPLEMENTATION OF  
E-PAYMENT OF REFUND/ REBATE  
  
OUR  COMMENTS
: 
The  Dept.  of  Revenue,  Ministry  of 
Finance,  Government  of  India  vide  Circular  No. 
1013/1/2016- CX  dated  12.01.2016  has  prescribed 
guidelines  for  implementation  of  e-payment  of  refund/  
rebate  in  order  to  speed  up  the  transfer  of  the  fund 
directly  to  the  beneficiary's  bank  account  after  sanction 
of the refund/rebate claim and thereby promote ease of  
doing business.   
  
This circular is self-explanatory. The readers may refer  
the said circular. 
COURT DECISIONS    
AQUARIUS  TECHNOLOGIES  PVT.  LTD.  VERSUS 
COMMISSIONER  OF  CENTRAL  EXCISE,  PUNE  [CESTAT 
MUMBAI] 
 
BRIEF:  Charges  towards  training  provided  to  the 
customer's  staff  is  not  includable  in  the  assessable  
value.
 
  
OUR COMMENTS : The assessee is an SSI unit engaged in 
the  manufacture  and  sale  of  machines,  mechanical  
appliances  and  parts  thereof.  The  customer  of  the 
assessee  is  at  liberty  to  get  their  staff  trained  from  the 
assessee  or  not.  Thus,  these  charges  are  not  recovered 
from every customer. The charges on account of training are   separately  shown  in  the  invoices  wherever  charged 
and recovered.     
The  Departuevt’s  ovtevt ion  is  that  these  training 
charges  should  be  included  in  the  assessable  value  for  
the purpose of imposition of excise duty.  
The  Hov’le  CE“TAT  held  as  per  the concept  of 
transaction  value,  any  charges  in  connection  with  the 
manufacture, marketing, selling of excisable goods shall 
form part of the assessable value.   
In this case, training provided to the customer's staff has  
no  nexus  with  the  activity  of  manufacturing,  sale  or  
marketing of the product and it does not enrich the value 
of their products.     
Therefore,  training  charges  are  not  includable  in  the 
assessable value.    
[Decided in favour of the assessee]   
 
M/S  SARADA  PAPERS  LTD.  VERSUS  COMMISSIONER  OF 
CENTRAL EXCISE, NASHIK [CESTAT MUMBAI] 
 
BRIEF:  Cash  discounts  for  prompt  payment  of  price  of 
goods  on  delivery,  are  admissible  in  arriving  at  the  
assessable value if they are available to all buyers.   
OUR  COMMENTS : In  the  above  case,  the  assessee  give s 
his  customers  discount  for  prompt  payment  i.e.  they  
charge  a  lesser  price  for  cash  sale,  but  higher  price  for  
credit sale.   
The  Revenue  puts  up  a  case  that  the  assessee  has  not 
passed the cash discount to the customers but deducted 
the  quantum  of  cash  discount  from  the  assessable  value 
at the time of clearance. It contended that cash discount  
which is not passed on to the customers is to be included  
in the assessable value.  
The  Hov’le  CE“TAT  referred  to  the  Central  Board  of 
Excise  and  Customs  Bulletin  for  the  period  January- 
March, 1975 in which the Board laid down:-   
"Cash Discounts  
 That  is,  discounts  for  prompt  payment of  price  of  goods  
on  delivery,  are  admissible  in  arriving  at  the  assessable  
value  if  they  are  available  to  all  buyers.  This  aspect  has 
been dealt with in detail under the heading "price".  
"…“oue  assessee  ua give  to  all  his  urs  ash 
discount, that is a discount for prompt payment. In other  
words, they charge a somewhat lesser price where there  
is  cash  payment,  but  charge  a  higher  price  (i.e.  without 
deduction  of  the  cash  discount)  if  the  payment  is  not  
made in cash. In such cases, the cash discount, if allowed,  
will be admissible on the principle that only the net price 
obtained after deduction of the cash discount is the price 
of the goods."  
Accordingly, Cash discounts for prompt payment of price 
of  goods  on  delivery,  are  admissible  in  arriving  at  the 
assessable value if they are available to all buyers.   
[Decided in favour of the assessee]
TAX CONNECT – 51st Issue                                                                                                                                      JAV & ASSOCIATES 
(17 Jan. 2016 – 23  Jan. 2016)                                                   Page 8                                                         Chartered Accountants 
  CUSTOMS 
NOTIFICATIONS & CIRCULARS    
DEEPER TARIFF  CONCESSIONS  IN RESPECT  OF  SPECIFIED 
GOODS IMPORTED FROM KOREA RP UNDER THE INDIA-
KOREA  COMPREHENSIVE  ECONOMIC  PARTNERSHIP 
AGREEMENT (CEPA) W.E.F. 01.01.2016 
  
OUR  COMMENTS
: 
The  Dept.  of  Revenue,  Ministry  of 
Finance,  Government  of  India  vide  Notification  No. 
60/2015  –  Customs  dated  30.12.2015  has  amended 
N otification  No.  152/20 09-Customs  dated  31.12.2009 
and  provided  deeper  tariff  concessions  in  respect  of  
specified goods imported from Korea RP under the India- 
Korea  Comprehensive  Economic  Partnership  Agreement  
(CEPA) w.e.f. 01.01.2016.  
The  notification  is  self-explanatory.  The  readers  may  
refer the said notification. 
 
EXPORT  DUTY  ON  IRON  ORE  PELLETS  REDUCED  TO  NIL 
RAT E FROM 5% 
  
OUR  COMMENTS : 
The  Dept.  of  Revenue,  Ministry  of 
Finance,  Government  of  India  vide  Notification  No. 
01/2016  –  Customs  dated  04.01.2016  has  reduced  the 
export duty on Iron ore pellets from 5% to Nil rate. 
 
RESCINDING  NOTIFICATION  NO.  09/95-CUSTOMS 
DATED  06.03.1995 : EXEMPTION  TO  SPECIFIED  GOODS 
WHEN  IMPORTED  INTO  INDIA  FROM  THE  UNION  OF 
MYANMAR 
  
OUR COMMENTS : 
The CBEC (Dept. of Revenue), Ministry 
of  Finance,  Government  of  India  vide  Notification  No. 
03/2016-Customs  dated  11.01.2016  has  rescind ed 
Notification  No.  09/95-Customs  dated  06.03.1995   
Exemption  to  specified  goods  when  imported  into  India  
from  the  Union  of  Myanmar,  except  as  respects  things  
done or omitted to be done before such rescission.    
  
REVISION OF EXCHANGE RATE OF FOREIGN CURRENCIES 
INTO RUPEE & VICE VERSA 
  
OUR COMMENTS : 
The CBEC (Dept. of Revenue), Ministry 
of  Finance,  Government  of  India  vide  Notification  No. 
02/2016-Customs  (N.T.)  dated  07.01.2016  &  in  
supersession  of  Notification  No.  144/2015-Customs  (N.T.)  dated  17.12.2015 
has revised  the  exchange  rate 
of  foreign  currencies  specified  in  col.(2)  of  each  of 
Schedule  I  and Schedule  II   annexed  hereto,  into  Indian 
currency  or  vice  versa,  w.e.f.  08.01.2016  to  be  the  rate 
mentioned  against  it  in  the  corresponding  entry  in  
column  (3)  thereof,  for  the  purpose  of  the  said  section,  
relating to imported and export goods.   
SCHEDULE-I 
Sl.  No  Foreign Currency Rate of exchange of one unit  
of foreign currency equivalent 
to Indian rupees 
(1) (2) (3) 
  (a) (b) 
  (For 
Imported 
Goods) 
(For Export 
Goods) 
1. Australian Dollar 47.70  46.50 
2. Bahrain Dinar 182.95  172.40 
3. Canadian Dollar 48.00  46.95 
4. Danish Kroner 9.85  9.55 
5. EURO 73.35  71.55 
6. Hong Kong Dollar 8.70  8.55 
7. Kuwait Dinar 226.45  213.95 
8. New Zealand Dollar 45.00  43.80 
9. Norwegian Kroner 7.60  7.40 
10. Pound Sterling 98.95  96.80 
11. Singapore Dollar 47.15  46.10 
12. South African Rand 
(w.e.f  08.01.2016) 
South African Rand 
(w.e.f  13.01.2016) 
4.30  
 
4.10 
4.10 
 
3.85 
13. Saudi Arabian Riyal 18.35  17.35 
14. Swedish Kroner 7.90  7.70 
15. Swiss Franc 67.60  65.90 
16. UAE Dirham 18.75  17.70 
17. US Dollar 67.45  66.40 
18. Chinese Yuan 0.25  10.05  
 
SCHEDULE- II 
Sl.  No  Foreign Currency Rate of exchange of 100 units  
of foreign currency equv. to 
Indian rupees 
(1) (2) (3) 
  (a) (b) 
  (For 
Imported 
Goods) 
(For Export 
Goods) 
1. Japanese Yen 57.30  56.05 
2. Kenya Shilling 67.40  63.65
TAX CONNECT – 51st Issue                                                                                                                                      JAV & ASSOCIATES 
(17 Jan. 2016 – 23  Jan. 2016)                                                   Page 9                                                         Chartered Accountants 
  INCOME TAX 
NOTIFICATIONS & CIRCULARS    
COMMISSIONER  OF  INCOME  TAX-II,  CHANDIGARH 
VERSUS  M/S  ESSAR  COMMVISION  LTD.  (NOW  HFCL 
INFOTEL  LTD.),  MOHALI  [PUNJAB  &  HARYANA  HIGH 
COURT] 
 
BRIEF:  Interest  income  on  the  fixed  deposits  kept  for 
arranging  bank  guarantees  in  the  formative/pre- 
operative period of the business shall not be treated as  
surplus  funds  utilized  for  earning  additional  interest  
income 
avd uade  liale  to  tax  uvder  the  head  ^Ivoue 
frou  other  soures_  ut  set  off  agaivst  the  pre -
operative expenses. 
  
OUR  COMMENTS : The  assessee  is  engaged  in  the 
business  of  providing  telecommunication  services.  In  the  
pre-operative  period  it  earned  interest  on  the  fixed 
deposit kept to open a letter of credit under the terms of 
the  agreement  with  the  supplier  of  the  machine.  It  
adjusted  the  interest  income  against  the  pre-operative  
expenses.   
The  Assessing  Officer  framed  the  assessment  under  
Section  143(3)  holding  that  the  interest  earned  on  the  
fixed deposit relating to pre-operative period constitutes 
income  assessable  under  the  head  'Income  from  other 
sources' and such income could not be set off against the  
pre-operative expenses  
The  Hov’l e  High  Court  held  that  the  activity  of 
depositing money out of the share capital was incidental  
to  the  acquisition  of  the  asset  and  not  a  case  where 
surplus share capital money was deposited with the bank  
because it was lying unutilised and idle.   
The  assessee  deposited  the  money  with  the  bank  with  a  
definite  purpose  of  acquiring  the  machine.  There  is  a 
direct nexus between the purchase of the machinery and 
the  deposit  of  money  in  the  -bank.  This  nexus  supports 
the  presumption  that  the  money  was  deposited  not 
without  a  purpose  but  with  the  object  of  acquiring  a  
machine from the supplier.   
Therefore,  such  interest  income  for  acquiring  a  business  
asset should go to reduce the cost of the asset.  
[Decided against revenue] 
ASSISTANT.  COMMISSIONER  OF  INCOME  TAX  VERSUS 
M/S.  SHRI  PANCHYATI  DHARAMSHALANFOTEL  LTD.), 
[ITAT JAIPUR] 
 
BRIEF:  In  the  case  of  trust  or  institution,  if  the 
dominant/primary purpose is charitable, another object  
which  by  itself  may  not  be  charitable,  would  not 
prevent  the  trust  or  institution  from  being  a  valid 
charity. 
  
OUR  COMMENTS : The  assessee  is  a Trust  registered 
under section 12A(a) of the I.T. Act, 1961. It is engaged in  
the  charitable  activity  of  running  a  Dharamshala  and 
receipt  of  rent  is  in  the  nature  of  maintenance  charges  
and is incidental to the main activity of trust.   
The  Assessing  Officer  noted  that  the  activities  of  the  
assessee  trust,  its  charitable  purpose  is  that  of 
advancement  of  general  public  utility  i.e.  commercial 
activities,  hit  by  first  proviso  to  section  2(15)  of  the  I.T. 
Act.  Therefore,  exemption  under  section  11  &  12  to  the  
assessee is not justified.  
The  Hov’le  ITAT held  the  first  and  second  proviso  to 
section  2(15)  are  attracted  only  when  the  activity  being  
arried  out   the  assessee  is  iv  the  vature  of  ^trade, 
ouuere  or  usivess_ .  And,  for  any  activity  to  be 
defived  as  ^usivess_,  profit  uotive   may  not  be  the  sole 
criteria  but is an important criteria, particularly when it is 
a case of a trust or society.   
In  the  given  case,  the  assessee  is  registered  under  the  
Societies  Registration  Act,  1860  and  is  now  governed  by 
the  Rajasthan  Society  Registration  Act,  1958.  The  terms 
of  the  society  clearly  provide  that  all  the  moveable  and 
immovable property, in present or in future, shall belong 
to  the  society  and  all  the  savings  of  income  and 
expenditure  account  shall  be  utilized  for  the  
developmental work of the society.   
Therefore,  it  is  clear  that  the  dominant  motive  in  this  
case is not earning profit but to do charity in the form of 
public  service  by  providing  accommodation  to  the 
common  man  at  affordable  rates.  The  activities  of  the  
assessee cannot be characterized as business activities.   
Hence,  proviso  to  section  2(15)  is  not  attracted  in  this  
case  and  the  disallowance  of  exemption  u/s  11  &  12  is  
unjustified.   
[Decided against revenue]
TAX CONNECT – 51st Issue                                                                                                                                      JAV & ASSOCIATES 
(17 Jan. 2016 – 23  Jan. 2016)                                                   Page  10                                                        Chartered Accountants 
 
ANDHRA PRADESH  
ORDER  REGARDING  PASSING  ON  THE  PURCHASE  TAX 
AMOUNT  OF  RS.60/-  PER  M.T.  TO  THE  CANE  GROWERS 
AS INCENTIVE FOR 2014-2015 CRUSHING SEASON 
  
OUR  COMMENTS : The  Industries  &  Commerce 
Department,  Government  of  Andhra  Pradesh  vide  Order 
No. G.O.RT No.13 dated  09.01 .2016  has ordered to pass 
on  the  Purchase  Tax  amount  of  Rs.60/-  per  M.T.  to  the  
cane  suppliers  as  Incentive  for  2014-2015  crushing  
season with the involvement of Rs. 30.30 crores. 
DELHI 
 
FILING  OF  FORM  GE-I  AND  GE-II  BY  GOVERNMENT 
ENTITY 
  
OUR  COMMENTS : The  Department  of  Trade  &  Taxes , 
Government  of  National  Capital  Territory  of  Delhi  vide  
Notification  No.  F3(619)/Policy/VAT/2016/1291-1304  
dated 12.01 .2016   has  required  all  Government  Entities 
having  their  offices  functioning  within  the  National  
Capital  Territory  of  Delhi,  to  furnish  an  online  quarterly  
return  of  purchases  made  by  them  for  the  purpose  of 
consumption or use by, them from the dealers registered  
under  the  said  Act  and  having  a  valid  TIN/Registration  
Number in 'Form GE-I'  & 'Form GE-II'. 
The  notification  is  self-explanatory.  The  readers  may  
refer the said notification for details. 
KARNATAKA  
SUBMISSION  OF  STATEMENT  IN  FORM  VAT-125 
CONTAINING  PARTICULARS  OF  TAX  DEDUCTED  DURING 
PRECEDING MONTH ELECTRONICALLY 
  
OUR  COMMENTS : The  Office  of  the  Commissioner  of 
Commercial  Taxes,  Government  of  Karnataka  vide  
Notification  No.EG1.CR-30/2014- 15  dated  06.01 .2016  
has  notified  tax  deducting  authorities  to  submit  a 
monthly  statement  in  Form  VAT-125  to  the  jurisdictional 
Local  VAT  Officer  (LVO)  or  VAT  Sub  Officer  (VSO)  with 
particulars  of  tax  deducted  during  preceding  month 
electronically  w.e.f.  December,  2015  and  to  pay  full 
amount  of  tax  so  deducted  by  it  electronically  or  in  any  
other form as applicable.    
The  notification  is  self-explanatory.  The  readers  may  
refer the said notification for details. 
RAJASTHAN 
 
AMENDMENT  IN  RAJASTHAN  INVESTMENT 
PROMOTION SCHEME - 2014 
  
OUR COMMENTS : The Finance Department, Government 
of  Rajasthan  vide  Order  No.  F.  12(105)FD/Tax/2014- pt-
II -112  dated  11.01 .2016  has  amended  clauses  2,  8.1  & 
9.7 in Rajasthan Investment Protection Scheme, 2014.    
The  order  is  self-explanatory.  The  readers  may  refer  the  
said order for details. 
WEST BENGAL 
 
AMENDMENT IN WBVAT SCHEDULE A AND SCHEDULE C 
REGARDING SOLAR DEVICES  
  
OUR COMMENTS : The Finance Department, Government 
of  West  Bengal  vide  Notification  No.  25  FT . dated 
07 .01.2016  has made amendments in WBVAT Schedule A 
and Schedule C regarding solar devices.   
The  notification  is  self-explanatory.  The  readers  may  
refer the said notification for details. 
 
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STATE TAXES