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DCIT v. ABAQUS Engineering Pvt Ltd (ITAT Chennai) – Recently, the Chennai Bench of Income-tax Appellate Tribunal in the case of ABAQUS Engineering Pvt Ltdheld that the payment made for supply of software is not ‘royalty’ since it is ‘copyrighted software’ and not copyright in the software. The Chennai Tribunal relied on the Mumbai Tribunal’s decision of TII Telecom International Pvt Ltd and Delhi Tribunal Special Bench decision of Motorola Inc, where it has been held that the supply of software does not amount to any transfer of copyright but only transfer of copyrighted article.
DGFT Trade Notice No. 20, Attention is invited to Public Notice Nos. 67/2009-2014 (RE 2010) and 68/2009-2014 (RE 2010) restoring the DEPB benefit on export of “Cotton yarn including Melange yarn” and “Cotton”. During the period from 21.4.2010 to 04.08.2011, DEPB was not available on export of “Cotton yarn including Melange yarn” and on export of “Cotton” from 21.04.2010 to 04.08.2011.
The Government of India will shortly be notifying the schedule of AIR (All Industry Rates) of duty drawback for the year 2011-12. In this regard, the Government had constituted a Committee in January 2011 under the chairmanship of Shri Saumitra Chaudhuri, Member, Planning Commission for formulation of AIR of Duty Drawback. In view of the Government’s decision to bring the DEPB scheme to an end by 30th September this year, the Committee had also been entrusted with the added responsibility of recommending drawback rates for those commodities which have traditionally been exported under DEPB (Duty Entitlement Passbook) Scheme .
The Cabinet Committee on Economic Affairs today approved the proposal for providing non-plan budgetary support of Rs. 59.72 crore for liquidation of statutory dues and salary and wages from 1.1.2011 to 31.3.2011 in respect of 10 sick / loss making CPSEs under the Department of Heavy Industry. A list of these CPSEs is given below.
On the basis of the current macroeconomic assessment, it has been decided to: increase the policy repo rate under the liquidity adjustment facility (LAF) by 25 basis points from 8.0 per cent to 8.25 per cent with immediate effect. Consequent to the above increase in the repo rate, the reverse repo rate under the LAF will stand automatically adjusted to 7.25 per cent and the marginal standing facility (MSF) rate to 9.25 per cent with immediate effect.
It has been decided that where the medical expenses in respect of NRI close relative (relative as defined in Section 6 of the Companies Act, 1956) are paid by a resident individual, such a payment being in the nature of a resident to resident transaction may be covered under the term “services related thereto” under Regulation 2(i) of Notification No. FEMA 16 /2000- RB dated May 3, 2000, ibid.
It has been decided that where an authorised dealer in India has granted loan to a non-resident Indian in accordance with Regulation 7 of the Notification No. FEMA 4/2000-RB, ibid, such loans may also be repaid by resident close relative (relative as defined in Section 6 of the Companies Act, 1956), of the Non-Resident Indian by crediting the borrower’s loan account through the bank account of such relative.
Non resident Indian (NRI)/ Person of Indian Origin (PIO) close relative [means relative as defined in Section 6 of the Companies Act, 1956] by way of crossed cheque /electronic transfer, subject to the following conditions: (i) the loan is free of interest and the minimum maturity of the loan is one year; (ii) the loan amount should be within the overall limit under the Liberalised Remittance Scheme of USD 200,000 per financial year available for a resident individual. It would be the responsibility of the lender to ensure that the amount of loan is within the Liberalised Remittance Scheme limit of USD 200,000 during the financial year;
Notification No. 90/2011-Customs,New Delhi, dated the 16th September, 2011 G.S.R. (E).- In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby makes the following further amendments in the notification of the Government of India, in the Ministry of Finance
RBI has decided vide A.P. (DIR Series) Circular No. 17, Dated- September 16, 2011 to permit a resident individual to make a rupee gift to a NRI/PIO who is a close relative of the resident individual [close relative as defined in Section 6 of the Companies Act, 1956] by way of crossed cheque /electronic transfer. The amount should be credited to the Non-Resident (Ordinary) Rupee Account (NRO) a/c of the NRI / PIO and credit of such gift amount may be treated as an eligible credit to NRO a/c. The gift amount would be within the overall limit of USD 200,000 per financial year as permitted under the Liberalised Remittance Scheme (LRS) for a resident individual.
