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Prepared by: - CA. Pradeep Jain
Sukhvinder Kaur, LLB(FYIC)
visit us : www.capradeepjain.com
Introduction: -
SSI exemption has been granted to boost the small scale industries. Exemption is granted from payment of basic excise duty and from special duty of excise on clearances of specified value of goods. The specified value as well as the limit of exemption is fixed vide Notifications which are issued from time to time. SSI exemption was granted initially vide Notification No. 175/1986-CE, dated 01.03.1986. At present the Notification in force granting SSI exemption is Notification No. 8/2003-CE, dated 01.03.03 and as amended.
The dispute involved: -
SSI Exemption is granted subject to fulfillment of certain conditions which are prescribed in Notification no. 8/2003. One of the conditions prescribed is that the SSI exemption will not be applicable to specified goods bearing a brand name or trade name of another person, irrespective of the fact whether such brand name was registered or not contained in Para 4 of the Notification. However, exceptions are also provided to this condition such as goods cleared as `original equipment', goods bearing brand name or trade name of KVIC or if such goods were manufactured in factory located in rural area. The exceptions in the Notification read as follows:-
"4. The exemption contained in this notification shall not apply to specified goods bearing a brand name or trade name, whether registered or not, of another person, except in the following cases: -
(a) ………
(b) ………
(c)…………
The definition of `brand name or trade name' is given in Explanation to Para 5 which reads as follows:
Explanation.- For the purposes of this notification,-
(A) "brand name" or "trade name" means a brand name or a trade name, whether registered or not, that is to say, a name or a mark, such as symbol, monogram, label, signature or invented word or writing which is used in relation to such specified goods for the purpose of indicating, or so as to indicate a connection in the course of trade between such specified goods and some person using such name or mark with or without any indication of the identity of that person;
Thus, the Notification is denying SSI exemption to units which are manufacturing goods which have a brand name/trade name of another person. This has lead to a lot of litigation.
The Apex Court in the case of M/s Kohinoor Elastic Pvt. Ltd. [2005 (188) ELT 3 (SC)] held that the benefit of SSI Exemption is not available to the goods bearing a brand name/ trade name of the customer, manufactured by a SSI unit, as per the orders of the customer, for further use by the customer in the manufacture of his final product. The said unit was manufacturing elastic tape and affixing the brand name of his customer who was manufacturer of undergarments. This was done as per specific instructions of the customer.
Issue of the SSI manufacturers: -
The SSI manufacturers who are engaged in manufacture of flexible packing material like plastic bags, corrugated boxes etc, were printing/affixing the brand name of the customers whose goods are to be packed therein, were being denied the benefit of SSI exemption. The said manufacturers contended that this was not a use of brand name of another person by them.
It was contended that the packaging material will definitely contain the brand name of some other party as it is to be used by that other party for packing their final product. However, the SSI exemption cannot be denied merely on these grounds as this sale is not in course of normal trade and the goods are to be specifically used by the buyer booking the order. The Board has, also, interpreted the like cases in favour of the assessees.
Amendment of Notification No. 08/2003-CE: -
Several representations were made by the Trade and Industry against the stand of the Department that printing on packing material will amount to use of brand name of other person. Although it does not sound logical but the language of notification was such that it lead to such a confusing situation.
The Board, ultimately, amended the Main Notification No. 8/2003-CE by Notification No. 47/2008-CE dated 1.09.08. With this amendment, exemption was granted to specified goods which were in the nature of packing materials. The relevant clause (e) of Para 4 is reproduced here under:
"(e) Where the specified goods are in the nature of packing materials, namely, printed cartons of paper or paper board, metal containers, HDPE woven sacks, adhesive tapes, stickers, PP caps, crown corks, metal labels."
Further, the exemption granted to specified goods in the nature of packing materials was limited to clearances upto Rs 90 lakhs for the remaining part of financial year 2008-09. The relevant clause is reproduced as under:-
"4B Notwithstanding anything contained in the preceding paragraphs, the exemption in respect of goods specified in clause (e) of paragraph 4, contained in this notification, shall be restricted to rupees ninety lakhs for the remaining part of the financial year 2008-09."
The said amendment is effective from 1st of September, 2008. But this has also lead to certain problems. One of the problem was that the exemption granted only to printed cartons of paper or paper board, metal containers, HDPE woven sacks, adhesive tapes, stickers, PP caps, crown corks, metal labels. But this notification has not included the packaging material (i.e. material for primary packing) like the products of polymers units - pouches and plastic bags. The use of the word `namely' had also restricted the scope of packing materials which were eligible for SSI exemption under Notification No. 8/2003- CE.
Again the representation was made to the Ministry of Finance. The Board has once again considered the representation of the industry and amended the basic SSI Notification 8/2003-CE (cited supra) by the Notification No. 2/2009- C.E. dated 11.02.2009 and plastic bags were added in the above list. But still some packing materials were not added to the list and the printed laminated rolls were added in the budget by Notification No. 9/2009-C.E. dated 07.07.2009. Thus, the Board has considered the submission of Trade and Industry and amended the notification on their representation.
The after situation: -
As already stated, the amendment only brought relief to certain extent but also raised certain other problems. One such problem was handled by Board by amendment in the notification. But the other problem was raised by the department. They said that the exemption granted to specified goods in the nature of packing materials had been granted from 1st of September, 2008. This meant that the SSI exemption has been granted from 1st of September, 2008 and not from 1.03.2003 when Notification No. 8/2003- CE was made effective. Consequently, the SSI units manufacturing packing materials of the nature mentioned above have been made liable to pay duty from 1.03.2003 till 1.09.08.
Thus, the Demand for duty could be raised from such SSI units which had not paid duty by claiming the SSI exemption under Notification No. 08/2003-CE. This could have led to a lot of issuance of show cause notices all over the country. This is due to the fact that the entire SSI industry manufacturing packing materials was not paying the duty and was claiming exemption.
Section 11C Notification: -
This has led to a number of representations from the packing material industries all over India once again. The Board has power to issue retrospective exemption under Section 11C of Central Excise Act if there is duty on certain product and general practice of industry is such that they are not paying duty during that period.
Now, the Board has once again considered the representation of the industry and issued Notification No. 24/2009-CE (NT) on 21.10.09 granting Section 11C exemption to SSI units manufacturing packing materials, namely printed cartons of paper or paper board, metal containers, high density polyethylene woven sacks, adhesive tapes, stickers, pilfer proof caps, crown corks, metal labels; Plastic Bags and Printed laminated rolls. The exemption from payment of duty has been granted on the said goods manufactured by a unit where the manufacturer had affixed the specified goods with a brand name or a trade name of another person who is not eligible for grant of exemption under the relevant Notification. The exemption is granted with retrospective effect. Thus, the issue has been settled and SSI manufacturers of packing material have got the relief from the Board.
Before parting: -
Thus, the SSI units who were affixing brand name or trade name of another on the packing material, Plastic Bags and Printed laminated rolls have been finally granted relief which was not only long awaited but was well fought by the SSI manufacturers. Also, the Board has also played a very positive role in granting the exemption to end this issue. The complete period of this issue has been very cumbersome but it is famous proverb- "All is well that ends well."
Draft on "Payment Systems in India - Vision 2009-12" | |
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Highlights of GST Draft Guidelines are as under: |
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Tuesday, November 10, 2009 | |||||
Ministry of Finance | |||||
FM'S SPEECH AT MEETING OF EMPOWERED COMMITTEE OF STATE FINANCE MINISTERS ON GST | |||||
16:37 IST | |||||
Following is the text of speech delivered by Finance Minister Shri Pranab Mukherjee at the meeting of the Empowered Committee of State Finance Minister here today: "Dr. Asim Dasgupta, Chairman, Empowered Committee, Shri Sushil Modi, Deputy Chief Minister of Bihar, State Finance Ministers and friends! It gives me great pleasure to be here on this occasion when the Empowered Committee under the dynamic leadership of Dr. Asim Dasgupta is releasing its First Discussion Paper on the proposed Goods and Services Tax (GST). At the outset, let me whole-heartedly congratulate all of you for giving shape and form to an idea whose time, I believe, has truly come. We have indeed travelled a long way from the time the announcement was first made in 2006 by the then UPA Government to launch a comprehensive GST in the country by the 1st of April, 2010. At that stage, many of you were preoccupied with the challenge of switching over to the Value Added Tax (VAT) while others were settling down with that tax. The introduction of GST then would have looked like a distant event. But now all of you are richer by the first-hand experience of the benefits that the shift to VAT has brought both to your Governments and the business community leading to improvement in the economies of your States. That may be the reason why I have felt a sense of excitement and enthusiasm in the pace and spirit with which the Empowered Committee has worked over the last couple of months to carve out the design and structure of GST. I commend all of you and your teams for working tirelessly to put together the First Discussion Paper which reflects your collective wisdom on the subject. At this stage, it is important to recall the benefits that this long-awaited reform in our indirect taxation promises to all of us. Our current structure of indirect taxes is driven by a multiplicity of taxes- some levied by the Centre and others by the States. Each of these taxes applies to a narrow base both in terms of the economic activity it covers e.g. manufacture, sale, entry, entertainment etc. and the range of goods and services it applies to. While the base for many of these taxes overlaps, each is an island in terms of flow of input credit. The output tax is allowed to be adjusted against tax already paid on inputs only in a few cases. Then, there is a variety of exemptions meant to serve multiple socio-economic objectives. As a consequence, high rates of tax are required to be imposed to generate a given amount of revenue. As tax collectors, we may draw comfort from the fact that we manage to generate the targeted revenues. But there are questions that beg an urgent response. First, are collections made in the most efficient manner and do they match the potential? Second, what is the hidden burden of taxes in the form of cascading and double taxation? Third, why is our tax structure so complex and prone to disputes and litigation? These questions cannot be side-stepped any longer as they have implications for the robustness and growth of the very base that yields our tax revenues. The merits of GST are well-known. It will re-distribute the burden of taxation equitably between manufacturing and services bringing about a qualitative change in the tax system. With the minimisation of exemptions, it will broaden the tax base and lower the tax rates. By switching to the destination principle, the distortions will be reduced fostering a common market across the country. The compliance cost will come down and our trade and industry will become more competitive leading to an increase in exports and lower prices for domestic consumers. The proposed Goods and Services Tax (GST) can deliver on all these promises only if it has the following essential features: (i) It is comprehensive in scope and applies to as large a range of goods and services as possible by minimizing the number of exemptions to a small list of essential items which impact the common man. To the extent possible, the exemption lists of the States and the Central Government are in alignment; (ii) The rates of tax of CGST and SGST taken together are moderate; (iii) The rates of tax of SGST and exemptions from SGST are uniform throughout the country so that a given set of goods and services invites the same tax treatment in every State; (iv) The input credit chain is seamless covering the entire value chain from manufacturing to retail without breaks regardless of whether goods or services are supplied within a State or across State boundaries; (v) As far as possible, every transaction in the tax net bears both CGST and SGST; (vi) The tax treatment of goods and services is similar; (vii) The Central and State levies are fully neutralized in the case of exports (out of India); and (viii) The procedures are simple and harmonized between the Centre and the States. I am confident that the model proposed in the First Discussion Paper prepared by the Empowered Committee has taken all these concerns on board. Detailed discussions with all stake-holders which will begin with the release of the documents today will help us to refine the design and concepts further. I notice that significant progress has been made in developing a consensus on various issues. Now we must ensure that settled issues are not re-opened and we move forward at a fast pace. Once we decide on the rate structure and agree on the list of exemptions there should be no deviation in the pursuit of short-term interests. All of us will have to keep the long-term interests of the economy in view by taking carefully thought-out decisions in consultation with each other before making any deviations. This spirit of co-operative federalism is the essence of GST and the only feature that would ensure that a national market with free movement of goods and services across State boundaries develops, in the true sense. There is a view that insistence on strict adherence to mutually-agreed rates would impact the fiscal autonomy of States. To begin with, the canvas of fiscal policy is much wider than taxation and goals of public policy are as effectively met through the expenditure side of the budget. Even within the realm of taxation, the belief that the only degree of freedom available to us for enhancing revenues is by changing the rates of tax is a somewhat limited view. There is enormous scope for augmenting revenue collections by improving our tax collection machinery and the delivery of taxpayer services. There is ample evidence to show that lower taxes lead to better compliance and higher revenues. GST gives us an opportunity to bring together the machinery of the Centre and the States to jointly work for better enforcement. To improve the quality of our taxpayer services, we have to focus more closely on the benefits of working collaboratively with the taxpayer community to improve our outreach and assist them in the due discharge of their tax liability. This is an area where the policy options are many and the freedom to make a difference immense. Amongst the administrative actions that are critical for the success of GST is the creation of a strong Information Technology Infrastructure both for the Centre and the States. Many of the issues I have mentioned earlier are easily amenable to IT-based solutions. Besides, such an infrastructure is required for reducing the physical interface between the taxpayer and the department so that compliance costs are curtailed. Some other measures for improving internal efficiency within tax departments include quick & timely exchange of data between the Centre and the States for risk-profiling, audit etc. With these words, I once again commend all of you for the hard work you have put in and hope that the Discussion Paper generates a robust and informed public debate across the length and breadth of the country so that the ownership of GST is a given as and when it is introduced. On our part, I assure you that the recommendations and suggestions made in the Discussion Paper would receive our in-depth and meticulous attention so that we are able to jointly finalize the structure and design of GST at the earliest." BSC/BY/DN-371/09 | |||||
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Date: Nov 05, 2009 | |||||||||||||
Provisioning Requirement for Standard Assets | |||||||||||||
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Purchase of ICAEW learning materials (www.gillards. com/icaew)
Learning materials for TI exams | £ 130.00 |
Postage and packing | £ 74.74 |
Learning materials â€" Case Study | £ 65.00 |
Postage and packing | £ 35.71 |
Examination( s) Registration | |
Technical Integration Papers | £ 155.00 each per sitting |
Case Study | £ 240.00 per sitting |
Tuition | |
Please refer to your training provider. This will be the ICAI for any tuition in India | |
Membership Application | |
Admission Fee | £ 250.00; |
and | |
Full Year Subscription | £ 172.00; |
or | |
Half Year Subscription | £ 86.00 |
(Half year subscriptions apply to all memberships starting on or after 1 July) | |
Cost for ICAI member qualifying by sitting the Case Study from: | £ 2,077.71 |
Cost for ICAI member qualifying by sitting the Technical Integration papers and Case Study from: | £ 2,282.45 |
These costs are approximate and are subject to change
5. What is the procedure/steps to be followed to become ICAEW member?
1. Apply to ICAEW in the prescribed format for registration.
2. Register with the ICAEW with requisite documents
3. Purchase learning materials
4. Register for exam(s) as mentioned in 3 above.
5. Sit & pass exams
6. Complete online Structured Training in Ethics Programme (STE)
7. Complete application for membership and file it along with the letter of Good Standing issued by the ICAI
6. What documents are required at the time of registering with the ICAEW?
Registration would require
* Personal Details
* Proof of active ICAI membership
* Proof of Good standing
* Confirmation of work experience
* Registration fee
* Credit for Prior Learning fees
ICAI members with no adverse disciplinary findings made against them and those who have confirmed their compliance with the CPD requirements of ICAI will only be eligible for the arrangement.
7. What is the experience requirement for the ICAI members?
An ICAI member with a minimum of two years̢۪ post qualification experience which has been certified by their current (and, if appropriate, past) employer(s) which meets the aims and learning outcomes of the ICAEW̢۪s Technical IntegrationBusiness Change and Technical Integration Business Reporting papers. ICAI members who are sole practitioners may self-certify that their post-qualification experience meets the aims and learning outcomes of these papers. These members will also need to complete the ICAEW Structured Training in Ethics programme in order to become eligible for ICAEWmembership.
Those ICAI members with less than two years̢۪ post qualification experience will be required to sit for and pass, Technical Integration Business Reporting, Technical Integration Business Change and the Case Study papers, and to complete the Structured Training in Ethics programme in order to become eligible for ICAEW membership.
There is no additional requirement to undertake any additional training experience or to take any other examinations.
8. How do I apply for credit from the two technical integration papers?
Post qualification experience (work experience)
You must have two years̢۪ post qualification experience, and this must be certified by your current (and if appropriate, past) employer as meeting the learning outcomes of the ICAEW̢۪s Technical IntegrationBusiness Change and Technical Integration Business Reporting papers.
Learning outcomes
To assess this, please review the learning outcomes (PDF 62kb/9 pages). If you are employed, you will need to ask your employer to review these documents before confirming within your letter of employment confirmation that you have covered ALL of these outcomes in your period of employment. If your employer does not clearly state that you have met all of the learning outcomes, your application for credit for the two technical integration papers could be refused.
Sole practitioners
ICAI members who are sole practitioners may self-certify that their post-qualification experience meets the aims and learning outcomes of these papers. Applicants will not need to return the completed learning outcome grids with their application, however these should be retained as the ICAEW may request copies of an applicants completed grids prior to admission tomembership.
9. What is the sequence in which the requirements as stated at 3 above need to be undertaken by an ICAI member?
(i) Structured Training in Ethics
Following successful registration with the ICAEW, an ICAI member can immediately access the Structured Training in Ethics programme.
An ICAI member may complete the Structured Training in Ethics (STE) Programme at any point between ICAEW registration and application for ICAEWmembership. The programme is independent of the ICAEW examination papers and is a web-based training package which is based on interactive case studies and self-test questions. It is split into three stages that are usually designed to be spread over the length of an ACA students training contract, however for experienced professionals this could be covered intensively in around 5 hours.
The STE programme provides:
* Structured training in professional ethics
* case studies and other material on some of the issues you are likely to face
* Sources of further information and support.
The programme̢۪s objectives are to:
* familiarise ICAI members with the ICAEW̢۪s code of ethics
* show the member how to apply the fundamental principles (and ethical guidance) in their work
* help the member to recognise ethical issues, make ethical decisions and resolve dilemmas
* help the member know when (and who) to ask for help with ethical matters.
Completion of the STE programme will be mandatory for members of the ICAI wishing to join the ICAEW. Please visit the ICAEW website for a copy of the Structured Training in Ethics Programme to review. You will need to extract the downloaded files and save them to your hard drive, before the programme will run.
(ii) Technical Integration Papers
The two Technical Integration papers and the Case Study are all written examinations, which would take place under exam conditions. The Case Study must be the last exam attempted by a candidate, however the regulations do allow for all three papers (TI â€" Business Reporting (TI BR), TI â€" Business Change (TI BC), and the Case Study) to be sat in one session.
If a candidate who has not gained the two years̢۪ post qualification experience chooses to sit the papers over more than one session, they must take the two Technical Integration papers first. The Technical Integration papers should be attempted at the same sitting due to their common technical content.
10. How are the requirements, as stipulated in question 3 above, administered?
An ICAI member may complete the Structured Training in Ethics program at any point between ICAEW registration & application for ICAEW membership. The program is independent of the ICAEW examinations and is a web based training package.
Completion of the STE program would be mandatory for members of the ICAI wishing to join the ICAEW.
All examinations will take place at British Council offices and would be administered by the ICAI or a representative of the ICAEW from the British Council.
11. Do I need to take tuition before attempting the ICAEW examinations?
Professional tuition for the ICAEW examinations is not mandatory. However, while not mandatory, it is strongly recommended for all candidates, as it gives individuals the best chance at passing the examinations.
Tuition / training would be available for:
a) TI â€" Business Reporting
b) TI â€" Business Change; and
c) Case Study
Tuition in the UK is provided by ICAEW Training Partners, you would need to arrange this independently. Full lists of tuition centers are available on ICAEW website.
Tuition in India will be imparted by ICAI. ICAI members wishing to undertake professional tuition in respect of the Technical Integration and Case Study papers should contact the ICAI directly. Details shall be available at ICAI̢۪s website shortly.
For ICAI members located in Dubai, ICAEW’s ‘Partner in Learning’ Phoenix Financial Training is running ICAEW classes specifically tailored towards ICAI members. These classes are based in Dubai. For more information, please contact Erica Johnson at Phoenix Financial Training on ericaj@phoenixft. com or on +971 (0)50 295 6331.
ICAI members located in Kuwait interested in classes should contact jonathan.worrell@ icaew.com. Plans are in place to deliver tuition in Kuwait, dependant upon demand. More details will be available shortly.
If you are an ICAI member now located outside of India and not in one of the areas mentioned above should refer to our tuition pages for a full list of UK and international tuition providers.
No training would be required for the completion of the Structured Training in Ethics program.
12. Is there any specified time lag between registration and taking of examinations?
The ICAEW Technical Integration and Case Study papers are only sat in July and November. Please refer to the website for all exam registration deadlines.
13. What would the training encompass?
If you are an ICAI member undertaking tuition in the UK for the ACA Advanced Stage (i.e. the Technical Integration papers plus the Case Study) the syllabus is usually taught over approximately 7 weeks full-time by current professional providers. The Case Study is integrated within these 7 weeks but, if de-coupled, is usually taught over approximately 10 days full-time (including pre-examination revision). This timeframe is based on the time spent the classroom, candidates are expected to do further work outside the classroom over this period.
If you are an ICAI member wishing to undertake tuition in India the study arrangements may be different. Please contact the ICAI for more information.
14. How many attempts are allowed per paper in order to be eligible for membership of the ICAEW?
A maximum of four attempts are available per paper for all examinations. However, one is advised to sit no more than 3 times in order to remain eligible to apply for credit for prior work experience if you have at a later stage gained the appropriate two years̢۪ post qualification work experience.
15. What is the pass percentage in each paper?
Pass marks are 50% in the Technical Integration and Case study papers.
16. I am a member of the ICAI and am already studying for the ACA, can I take advantage of the additional credits?
If you are already registered as a student with the ICAEW, you will be eligible for transition onto the new scheme. Please contact the student support team for information on your particular circumstances.
17. I am a member of the ICAI based in India, can I come to the UK for tuition?
If you are based in India and would like to come to the UK to study for the ACA, you would need to obtain a visa. Please visit the UK Border Agency section of the Home Office website http://www.ukba. homeoffice. gov.uk/ to assess you eligibility. You would need to apply for this independently.
18. I would like to take the ICAEW examinations in India, where will I be able to sit these?
Examinations in India will be available at British Council Offices subject to demand. A list of the British Council Offices in India can be found on the British Council website.
Centres available for 2009 include:
? New Delhi
? Mumbai
? Chennai
19. Once I become an ICAEW member can I become an ICAEW student counsellor?
Members joining via the ICAI advanced credit route may become ICAEW counselors within an ICAEW authorized training office upon ICAEW membership.
In order to become an ICAEW qualified person responsible for training ICAI members will need to have held their ICAI membership for two years.
20. Who would be the contact person in India in case of any issues?
Mr V Sagar
Joint Secretary
The Institute of Chartered Accountants of India
ICAI Bhawan
PB No. 7100, Indraprastha Marg
New Delhi â€" 110 002, India.
E-mail: icaewmra@icai. in
Website: www.icai.org
21. Who can I contact at the ICAEW in case of any issues?
ICAEW Membership Enquiries
The Institute of Chartered Accountants in England & Wales
Metropolitan House
321 Avebury Boulevard
Milton Keynes
Buckinghamshire
MK9 2FZ
UK
E-mail: studentsupport@ icaew.com
Website: www.icaew.com/ icai
Tel: +44 (0)1908 248040
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