Royalty Paid to AE Wasn't Capital Exp, as It Was Paid for Use of Trademark and Not for Its Acquisition

Where assessee-company made payment of royalty to its AE for mere use of trademark, that too by means of non-exclusive licence, it was to be allowed as revenue expenditure while determining ALP.
Assessee-company (GKN Driveline (India) Ltd.) was engaged in business of manufacture and sale of Constant Velocity Joints (CVJ) – During relevant year, assessee made payment of royalty to AE for use of its trademark in respect of manufactured products – In transfer pricing proceedings, TPO taking a view that payment in question was capital in nature, disallowed same and made certain addition to assessee’s ALP – It was noted that Tribunal in assessee’s own case relating to earlier assessment year, opined that assessee did not acquire any ownership right in trademarks by paying amount of royalty – It was further noticed that royalty was paid simply for use of trademarks, and that too tax consultancy firms in delhi, by means of a non-exclusive license – Tribunal had thus concluded that royalty payment was to be allowed as revenue expenditure – Whether in absence of any change in circumstances, following aforesaid order of Tribunal, impugned disallowance was to be deleted – Held, yes [In favour of assessee].
Companies With More Than 10 Times of Turnover of Assessee Couldn’t be Selected as Comparables.

Assessee-company (Acusis Software India (P.) Ltd.) was rendering ITES to its AE – Whether companies providing KPO services cannot be considered as comparable – Held, yes – Whether companies having turnover in excess of 10 times of turnover of assessee could not be selected as comparable – Held, yes – Whether companies having employees’ cost of less than 25 per cent were incomparable to assessee – Held, yes [Partly in favour of assessee] in chartered accountant firms in mumbai.

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Now Foreign Investors Can Invest in Unlisted Corporate Debt Securities.

As announced in the Union Budget 2016-17, it has now been decided to expand the investment basket of eligible instruments for investment by FPIs under the corporate bond route to include the following:

(i) Unlisted corporate debt securities in the form of non-convertible debentures/bonds issued by public or private companies subject to minimum residual maturity of three years and end use-restriction on direct foreign investment in india real estate business, capital market and purchase of land. The expression ‘Real Estate Business’ shall have the same meaning as assigned to it in Foreign Exchange Management (Transfer or issue of Security by a Person Resident outside India) Regulations, 2000 Notification No.FEMA.362/2016-RB dated February 15, 2016. The custodian banks of FPIs shall ensure compliance with this condition.

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Tax Promised registration in One Day.

Even as the contours of the GST remain fluid, the Delhi government has eased the procedure for grant of registration to fresh applications to encourage more traders to contribute towards its kitty of ValueAdded Tax (VAT).

Guidelines eased:

In circular issued on Friday, The department of trade and taxes said that applicant dealers would be granted company registration in India within a day of applying through a mobile platform, even as it eased guidelines around the provision of bank details for the purpose. The provision of providing bank account details at the time of applying for registration under the DVAT and CST act has been made optional which will encourage more traders to register.

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Authorized persons to exchange Old Notes Held by foreigners up to Rs 5,000 Till Dec 15,

Attention of Authorized Persons is invited to the A.P. (DIR Series) Circular No. 16 dated November 9, 2016 giving certain exemptions to foreign tourists visiting India. In super session of instructions issued therein, it has been decided that foreign citizens (i.e. foreign passport holders) can exchange foreign exchange for Indian currency notes up to a limit of Rs. 5000/- per week till December 15, 2016 subject to the tenderer submitting a self-declaration that this facility has not been availed of during the week in accounting outsourcing companies in India. The Authorized Person shall keep the passport details and the above declaration on record. Authorized Person may also ensure that the total value of such exchange to Indian currency notes does not exceed Rs. 5000/- during the week.
2. The Instruction in respect of issue of prepaid instruments by Authorized Dealer Category I Bank shall continue in indirect taxation in India.
3. Authorised Persons may follow the above instructions and bring the contents of this circular to the notice of their constituents.
4. The directions contained in this circular have been issued under section 10(4) and section 11(1) of the Foreign Exchange Management Act, 1999 (42 of 1999) and are without prejudice to permissions/approvals, if any, required under any other law.

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Demonetisation to help revive affordable housing segment

Demonetisation will help revive the latent demand in the housing sector as people now hope to buy houses in transparent deals, said Sriram Kalyanaraman, managing director & CEO, National Housing Bank. In an exclusive chat with ET’s Saikat Das, Kalyanaraman said some segments of the housing sector will especially benefit from it as prices may correct 15-20% with adequate supplies. Edited excerpts…
Will demonetisation drive demand in the housing sector in direct foreign investment in India?
Housing finance is a long term requirement, and the demonetisation exercise will have a long term impact as it will benefit both consumers and the industry. Most of the housing finance players have put in place systems for e-payments and e-receipts in chartered accountant firms in mumbai. Demonetisation will further improve the use of e-transactions and reduce cash dealings. It will result in greater transparency in property contracts, which will also bring in greater professionalism in the industry. As a result, the latent demand, particularly in the affordable segment is expected to revive, thereby increasing sales.
But will home prices come down?
We expect housing prices to correct by 15-20% in some segments. But we do not think it is a gloom and doom scenario. On the contrary, with a dip in prices and higher transparency in dealings, demand will pick up in the medium to long term.

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Tax Refund To Exporters Under GST within Seven Days

The department of revenue has promised to refund tax claims of exporters within seven days under the new GST regime, thus addressing a major concern of the sector, Commerce and industry minister Nirmala sitharaman said today.

The minister also said that exporters would get interest on the refund if it is delayed beyond two weeks.

Exporters have been demanding an initio exemption from payment of taxes under the goods and services tax consultant in Delhi (GST) regime arguing that delay in refunds often takes months and also results in blocking the working capital. They also stated that exports need to be encouraged in view of the global slowdown. The minister recently raised the issues of exporters in the GST council meeting.  The concern of the exporters was that the refund should not take too long, She told reporters after chairing the meeting of the council for trade development and promotion here today. 

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Huge challenges for CAs after GST implementation

Chartered accountants in India will have huge opportunities and challenges when the goods and services Tax(GST) is implemented.

Addressing the ICAI international Conference Jnana Yagna here, the urban development minister said chartered accountants should play a vital role addressing issues such as curbing black money.

Introduction of  GST (goods and services tax), which is round the corner (Goods and services tax), which is round the corner is one of the pioneering and game changing transformative initiatives taking shape In our country GST introduction is a huge challenge and opportunity for the chartered accountants and you need to get ready for enabling this change in a smooth and seamless manner. Venkaiah added. 

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