Friday, 18 January 2013

BRICS COUNTRIES IDENTIFIES SEVEN AREAS OF TAX POLICY AND TAX ADMINISTRATION


HEADS OF THE REVENUE OF BRICS COUNTRIES IDENTIFIES SEVEN AREAS OF TAX POLICY AND TAX ADMINISTRATION FOR EXTENDING THEIR MUTUAL COOPERATION:-  

JOINT COMMUNIQUE ISSUED AFTER TWO DAY MEETING OF THE HEADS OF REVENUE OF BRICS COUNTRIES 

Affirming their continued commitment to promote closer coordination and cooperation in the area of tax administration, the Heads of the Revenue of the BRICS Countries i.e. Brazil, Russia, India, China and South Africa, identified seven areas of tax policy and tax administration, for extending their mutual cooperation. This was contained in the Joint Communique issued here today at the end of two day meeting of the Heads of Revenue of BRICS Countries. This mutual cooperation includes contribution to development of international standards on International Taxation and Transfer Pricing taking into account the aspirations of developing countries in general and BRICS Countries in particular. The other areas of cooperation are strengthening the enforcement processes, sharing of best practices and capacity building, sharing of anti-avoidance and non-compliance practices and promotion of effective exchange of information. 

The communiqué expresses the concerns of BRICS Countries at the erosion of the tax base by practices that involve abuse of tax treaty benefits, incomplete disclosure of information and fraudulent claims and makes a commitment to address these concerns by preventing the base erosion and profit shifting through mutual cooperation.

The communiqué also expresses an agreement amongst BRICS Countries for working together towards capacity building, improvement of systems and sharing of resources, knowledge and best practices and emphasizes the spirit of cooperation and solidarity that underlies the BRICS partnership and aims at extending it to the area of tax administration in a way that will benefit the people of BRICS Countries.  

The Heads of Revenue of BRICS Countries earlier met in New Delhi on 17th and 18th January, 2013 and held discussions on issues relating to International Taxation, Transfer Pricing, Prevention of Cross-border tax evasion and avoidance, exchange of information, sharing of best practices in tax system administration and resolution of disputes. The meeting was inaugurated by Finance Minister of India on 17th January and was concluded on 18th January, 2013 by the Revenue Secretary Shri Sumit Bose.    

This was the first meeting of the Heads of Revenue and on conclusion of the meeting, a joint communiqué was issued in which the Revenue Heads of BRICS Countries agreed to develop greater cooperation among their tax administrations on various issues of mutual interest and concerns. The communiqué recognizes the importance of the economic and commercial links amongst BRICS Countries and the need to contribute to the strengthening of these links.
             
Following is the Joint Communique issued after the meeting of the Heads of the Revenue of BRICS Countries:

Communiqué of BRICS Heads of Revenue Meeting Issued in New Delhi on 18th January, 2013
We, the Heads of Revenue of the Federal Republic of Brazil, the Russian Federation, the Republic of India, the People's Republic of China and the Republic of South Africa held a meeting on 17th and 18th January, 2013 at New Delhi to discuss the potential areas of cooperation based on our existing commitment to openness, solidarity, mutual understanding and trust, as stated in the Delhi Declaration issued on March 29, 2012. In this context, we would like to refer to the decision taken during the BRICS Finance Ministers and Central Bank Governors meeting held in Washington DC on 19th April, 2012, wherein it was agreed by all countries to develop a cooperative approach on issues relating to international taxation, transfer pricing, exchange of information and tax evasion and avoidance.

Tax Administration Cooperation
In accordance with the above, we conducted the meeting with the primary objective of identifying specific areas of common interest and concern and finding ways and means for improving cooperation in these areas related to international taxation, transfer pricing, exchange of information, prevention of tax evasion and avoidance, and tax legislation and administration. We 
·     affirm our continued commitment to the objectives of the BRICS Heads of Revenue of promoting closer coordination and cooperation on issues of mutual concern;
·     recognise the importance of the economic and commercial links between Brazil, Russia, India, China and South Africa and the need for us to contribute to the strengthening of these links.

We agree to extend the cooperation on the following issues of tax policy and tax administration:

(i)     Contribute to development of International Standards on International Taxation and Transfer Pricing taking into account the aspirations of developing countries in general and BRICS Countries in particular
(ii)       Strengthening the enforcement processes by taking appropriate actions for non-compliance and putting more resources on international cooperation
(iii)       Sharing of best practices and capacity building
(iv)     Sharing of anti-tax evasion and non-compliance practices, including abuse of treaty benefits and shifting of profits by way of complex multi-layered structures
(v)       Development of a BRICS mechanism to facilitate countering   abusive tax avoidance transactions, arrangements, shelters and schemes
(vi)      Promotion of effective exchange of information
(vii)     Any other issues of common interests and concerns related to taxation.

Confronting Non-Compliance with the Tax Laws in an International Context
We  express our concern at the erosion of the tax base by practices that involve abuse of tax treaty benefits, incomplete disclosure of information and fraudulent claims, and jointly agree to work together to  address these concerns. We commit to prevent the base erosion and profit shifting through cooperation amongst ourselves and with other countries.  We also agree to produce a paper on these subjects for mutual benefit of BRICS countries.

Capacity Building
We agree to work together towards capacity building of personnel and improvement of our systems and express our commitment to share resources, knowledge and best practices to achieve this end.

Multilateral Cooperation
We also agree to establish a central point of contact in each of the BRICS Countries for coordination of issues relating to taxation. The central points of contacts will identify issues of common interest in areas of International Taxation and Transfer Pricing and will develop a common response, interact and meet regularly, including pre-meeting before important multilateral meetings.  The agreed common response of the BRICS countries would be communicated to international organisations engaged in development of standards on International Taxation and Transfer Pricing. 

Governance Issues
We agree to make a commitment to continue the process of cooperation in tax administration. We agree to establish a Governance Framework in accordance with the overall BRICS commitment by May, 2013. 
We reiterate the spirit of cooperation and solidarity that underlies the BRICS partnership, and look forward to extend it to the area of tax administration in a way that will benefit the people and our countries and contribute to their overall wellbeing.
We also agree:
(i)     to inform the BRICS Summit of the outcomes of our deliberations; and
(ii)   to decide the date and place of next meeting BRICS Heads of Revenue after mutual consultation.

Source:- Press Info, GOI, Ministry of Finance


With Regards
Prakash Verma
Email: Prkverma@gmail.com

Wednesday, 12 December 2012

REASONS FOR ALLOWING FDI IN RETAIL SECTOR


REASONS FOR ALLOWING FDI IN RETAIL SECTOR

Foreign Direct Investment (FDI) complements and supplements domestic investment. Domestic companies are benefited through FDI, by way of enhanced access to supplementary capital and state-of-the-art technologies; exposure to global managerial practices and opportunities of integration into global markets.

Government had instituted a study, on the subject of “Impact of Organized Retailing on the Unorganized Sector”, through the Indian Council for Research on International Economic Relations (ICRIER), which was submitted to Government in 2008. The ICRIER study indicated significant benefits for various stakeholders, such as consumers, farmers and manufacturers, arising from the growth of organized retail. Based upon the study, as well as the experience of other countries, it is the Government’s assessment that implementation of the policy permitting FDI, up to 51%, in multi-brand retail trading, is likely to facilitate greater FDI inflows into front and back-end infrastructure; technologies and efficiencies to unlock the potential of the agricultural value chain; additional and quality employment; and global best practices. This, in turn, is expected to benefit consumers and farmers in the long run, in terms of quality and price. The 30% mandatory sourcing condition has been incorporated to encourage local value addition and manufacturing. The increased level of activity, in the front-end, as well as in the back-end, resulting from greater FDI inflows, is expected to create additional employment opportunities for rural and urban youth. It is, further, expected to encourage existing traders and retail outlets to upgrade and become more efficient, thereby providing better services to consumers and better remuneration to the producers from whom they source their products.

There is no procedure to shortlist companies. Foreign investors desirous of investing in retail trade (multi brand or single brand) in India are required to submit their applications in the Department of Industrial Policy & Promotion, where their applications are examined to determine whether the proposed investment satisfies the notified guidelines, before being considered by the Foreign Investment Promotion Board, in the Ministry of Finance, for Government approval.

As per some news items published on 17.11.2012, Wal-Mart, USA, is stated to be inquiring into allegations of potential violations, under the Foreign Corrupt Practices Act of USA, in certain countries where the company is operating.

India has stringent anti-corruption laws. Any corrupt practices are liable to be dealt appropriately under applicable laws.

This information was given by the Minister of State for Commerce & Industry Dr. S. Jagathrakshakan in written reply to a question in Rajya Sabha today. 

Source:- Ministry of Commerce & Industry 

With Regards
Prakash Verma

Wednesday, 5 December 2012

FLEXIBILITY IN LABOUR LAWS


FLEXIBILITY IN LABOUR LAWS
The World Bank in its World Development Report, 2013: Jobs has suggested that India needs to focus on jobs and labour reforms. The report emphasizes the need to stay within the efficiency “plateau” of labour laws where labour policies are not too stringent and allow the creation of more wage employment, especially in cities and in activities connected to global markets. With the working population increasing by 7 million people each year in India, accelerating urban development and increasing labour flexibility are key to creating jobs in more productive activities, thus sustaining growth and reducing poverty. So, for India, the desirable actions to promote growth would include creating towns, reforming Labour Laws to allow flexibility and improving Governance in general and specifically in areas that impede entrepreneurship.

As regards the reaction of Government of India, it is stated that Ministry of Labour & Employment is mandated to create a work environment conducive to achieving a high rate of economic growth with due regard to protecting and safeguarding the interests of the working class in general and those constituting the vulnerable sections of the society in particular. Accordingly, the Ministry of Labour & Employment reviews/updates various Labour Laws from time to time which is a continuous process.

There is no evidence to show that the share of informal workers in the organized sector has gone up due to non-flexibility in Labour Laws. However, the Ministry reviews labour laws as a continuous process and makes amendments as and when considered necessary to help the workers and industry in the country.

The Minister of State for Labour & Employment Shri K. Suresh gave this information in reply to a written question in the Lok Sabha today whether the World Bank has commented that India needs to amend labour laws to provide flexibility to companies dealing with changes in demand pattern; the details of suggestions made by the World Bank in this regard along with the reaction of the Government thereto; whether due to non-flexibility in labour laws the share of informal workers in the organised sector has gone up; and if so, the steps taken/being taken by the Government to amend the Indian Contract Labour Act, 1970 and Industrial Disputes Act, 1947 to help the workers and industry in the country. 

Source:- Ministry of Labour & Employment 


With Regards
Prakash Verma
E. Id:- Prkverma@gmail.com

Friday, 16 November 2012

EQUITABLE ACCESS TO JUSTICE: LEGAL AID AND LEGAL EMPOWERMENT


DR. ASHWANI KUMAR TO INAUGURATE INTERNATIONAL CONFERENCE ON “EQUITABLE ACCESS TO JUSTICE: LEGAL AID AND LEGAL EMPOWERMENT”

Dr. Ashwani Kumar, Minister of Law and Justice, will inaugurate and deliver the key note address at a 2-day International Conference on “Equitable Access to Justice: Legal Aid and Legal Empowerment” here tomorrow. The Conference is being organized jointly by the Department of Justice, Ministry of Law and Justice and United Nations Development Programme (UNDP).

The Department of Justice is implementing a Project on “Access to Justice for Marginalized People” (A2J) in collaboration with the UNDP. The International Conference will mark the completion of the Project. As part of the Project, international best practices on legal empowerment and legal aid have been studied, including through field visits to South Africa, Malawi, Indonesia and Sierra Leone. The Conference will also witness discussions on best practices from these and other countries by international experts in order to draw lessons for implementing similar programmes in India in the next phase of the project beginning in 2013.

The A2J Project has witnessed the roll out of pilot programmes on legal awareness, capacity building of intermediaries including lawyers and paralegals, and has assisted vulnerable groups in accessing legal services throughout the 7 Project States of Bihar, Chhattisgarh, Jharkhand, Madhya Pradesh, Orissa, Rajasthan and Uttar Pradesh. The project has reached out to 20 lakh people through legal literacy programmes. 6,000 paralegals and 300 lawyers have been trained to reach out to the marginalized people to make them aware of their rights and entitlements, and assist them with legal aid.

India has constituted statutory authorities to provide free legal services to the poor and marginalized sections of the society. The National Legal Services Authority (NALSA) together with State Legal Services Authorities (SLSA) are mandated to provide free legal services to the weaker sections of the society including legal advice, legal counseling, legal aid for filing and/or arguing matters in the courts, court fees etc. The A2J Project works closely with the National and State Legal Services Authorities and the judicial academies with a view to develop the capacity of service delivery institutions for serving the people better. The Conference will bring together members of NALSA and Executive Chairpersons and Member Secretaries of all State Legal Services Authorities across the country.

The Conference will be attended by 200 participants including 40 participants from 19 countries. They will include legal luminaries like judges of Superior courts, jurists of international repute, heads of national legal aid agencies etc. They will present and share their experiences in their countries and discuss the way forward for improving access to quality and speedy justice.

The Chief Justice of India, Justice Altamas Kabir who is also the Patron-in-Chief of NALSA will deliver his valedictory address at the conclusion of the conference on 18 November.

Source:- Ministry of Law & Justice 


With Regards
Prakash Verma
E Id: Prkverma@gmail.com

DISCUSSION ON IMPLEMENTATION OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012


CONSULTATIVE COMMITTEE OF PARLIAMENT FOR WCD DISCUSES IMPLEMENTATION OF PROTECTION OF CHILDREN
FROM SEXUAL OFFENCES ACT 2012

Smt. Krishna Tirath, Minister of State (I/C), Ministry of Women and Child Development (WCD) chaired the meeting of the Consultative Committee of the Parliament here today.

Speaking at the occasion, Smt. Tirath said that the increased number of sexual offences against children in the country necessitated an Act which would address this issue. The Protection of Children from Sexual Offences (POCSO) Act 2012, which came into force on 14 November 2012 with notification of its rules, has been able to address most of the issues. Addressing the members, she said that the existing laws such as the IPC were insufficient and deficient to deal with the specific requirements regarding children as they do not distinguish between an adult and a child victim. Moreover, these laws are not gender neutral and the definition of ‘rape’ is also restrictive. The new Act, she said, is gender neutral and covers all persons below the age of 18 years of age. Clear definition and description of offences have been provided. Also, stringent and harsh punishment for the offences has been prescribed in the Act.

The Minister stated that the Act will be effective when its implementation is effective, for which spreading awareness about the various features and provisions of the Act becomes extremely crucial. She also mentioned that the States have a very important role to play in the implementation of the Act. She therefore urged the members of the Consultative Committee to suggest ways and means by which the awareness campaign of the Act could be strengthened, and ways through which its implementation is made more effective.

The Ministry of WCD made a presentation on the salient features of the Act covering the definition of the terms, prescribed punishment for the offences, the rules for its implementation and the role of agencies such as NCPCR and SPCRs in the implementation process. The WCD Minister, Smt. Tirath mentioned that she has written to all the States for necessary action to be taken at their end. The Act was also discussed in the meeting of the State Ministers and Secretaries in September this year. She said that the M/o HRD is being approached to include age appropriate information on the issue in school curriculum. Also, training of police functionaries at all levels and those of the Judiciary and Central and State governments is crucial for effective implementation of the Act, she noted. The States are responsible for designation of Sessions Court in each district as Special Court under the Act, along with appointment of Special Public Prosecutor, establishment of special Juvenile police Units, Child Welfare Committees and District Child Protection Units. Formulation of schemes for payment of compensation to the child victims is also responsibility of the State governments.

The members, while lauding the Act, stated that various organizations within the civil society and the NGOs working in this field should be roped in to spread awareness about the Act. Also, it needs to be ensured that the provisions of the Act should not be misused to settle scores or to victimise people, the members mentioned. Proper and adequate training of the functionaries associated with the implementation of the Act should assume top priority.

Source:- Ministry of Women and Child Development 


With Regards
Prakash Verma
E Id: Prkverma@gmail.com

Rate of Exchange of Conversion of Foreign Currency


Rate of Exchange of Conversion of Foreign Currency into Indian Currency or
Vice Versa Relating to Imported and Export Goods Notified;
To Come into Effect from 17th November, 2012

In exercise of the powers conferred by section 14 of the Customs Act, 1962 (52 of 1962), and in super session of the notification of the Government of India in the Ministry of Finance (Department of Revenue) No.97/2012-CUSTOMS (N.T.), dated the 1st November, 2012 vide number S.O.2669 (E), dated the 1st November, 2012, except as respects things done or omitted to be done before such super session, the Central Board of Excise and Customs hereby determines that the rate of exchange of conversion of each of the foreign currency specified in column (2) of each of Schedule I and  Schedule II given below  into Indian currency or vice versa shall, with effect from 17th November, 2012 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
S.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
57.85
56.45
2.
Bahrain Dinar
150.25
141.80
3.
Canadian Dollar               
55.65
54.10
4.
Danish Kroner
9.55
9.25
5.
EURO
70.90
69.25
6.
Hong Kong Dollar
7.15
7.05
7.
Kenya Shilling
66.40
62.30
8.
Kuwait Dinar
200.95
189.05
9.
New Zealand Dollar
45.35
44.05
10.
Norwegian Kroner
9.70
9.40
11.
Pound Sterling
88.25
86.15
12.
Singapore Dollar
45.60
44.40
13.
South African Rand
6.35
6.00
14.
Saudi Arabian Riyal
15.10
14.25
15.
Swedish Kroner
8.25
8.00
16.
Swiss Franc
59.05
57.40
17.
UAE Dirham
15.40
14.55
18.
US Dollar
55.50
54.55


SCHEDULE-II                               
S.No.
Foreign Currency
Rate of exchange of 100 units of foreign currency equivalent to Indian rupees
(1)    
(2)
(3)


(a)
(b)


(For Imported Goods)
  (For Export Goods)
1.
Japanese Yen
69.55
             67.65

Source:- Ministry of Finance 




With Regards
Prakash Verma
E Id. Prkverma@gmail.com