Dear Tarun,

Good attempt.

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Best regards,
 Arjun
 [EMAIL PROTECTED]
 [EMAIL PROTECTED]
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 8:49:30 PM Saturday, March 15, 2003
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Friday, March 14, 2003, 7:04:44 PM, you wrote:

TD> ________________________________________________________________________
TD> ________________________________________________________________________
TD> http://www.express-computer.com/20030317/budget1.shtml
TD> FM-speak on IT 

TD> 102. IT is India’s showpiece success story. We have to not just maintain
TD> its momentum of growth, but continuously encourage it. Therefore, it is
TD> proposed that the concessions extended to IT under Sections 10A and 10B
TD> of the Income Tax Act will continue as originally envisaged. As per law
TD> such companies as are currently covered by these tax exemptions lose the
TD> benefits upon change in their ownership or shareholding. This is not
TD> logical. I am, therefore, removing these restrictions; the benefit of
TD> such tax exemptions will remain even in the case of amalgamation or
TD> demerger. 

TD> 103. Another anomaly is levy of excise duty on pre-loaded software in
TD> the case of computers. As software is already exempt from excise duty, I
TD> see no reason why this benefit should be denied simply because it gets
TD> loaded in a computer. From now, the value of pre-loaded software will be
TD> excluded for the purpose of charging excise duty on computers. 

TD> 104. Customs duty on specified electronic components for IT industry is
TD> being reduced in conformity with our WTO commitment. 

TD> 105. In addition, Customs duty on a number of capital goods used by the
TD> telecom and IT sector for manufacture of components will be reduced from
TD> 25 percent to 15 percent. For optical fibre cables, used widely for
TD> networking to provide bandwidth to the IT community, the Customs duty is
TD> also being reduced from 25 percent to 20 percent. To help the domestic
TD> industry to manufacture e-glass roving used for making optical fibres,
TD> it is proposed to reduce the import duty on specified raw materials for
TD> the manufacture of e-glass roving from 30 percent to 15 percent. 

TD> 106. Telecom and domestic satellite service companies enjoy the benefit
TD> of tax holiday. Since it takes quite some time for such projects to
TD> materialise, I propose to extend the deadline of setting up the units by
TD> one more year to March 31, 2004. 

TD> [From the text of the Union Budget 2003-04 speech] 
TD> http://www.express-computer.com/20030317/budget2.shtml

TD> Impact on the IT sector 

TD> Positive impact 

TD>     * Duty on 12 electronic components reduced as per WTO commitments. 
TD>     * Customs duty on specified telecom equipment reduced to 15 percent.
TD>     * Customs duty on optical fibre reduced from 25 percent to 20
TD> percent. 
TD>     * Customs duty on specified raw material for manufacture of e-glass
TD> roving reduced from 30 percent to 15 percent. 
TD>     * Customs duty on routers, modems and fixed wireless terminals been
TD> reduced from 15 percent to 10 percent. 
TD>     * Pre-loaded software exempt from excise duty. 
TD>     * Tax holiday available for telecom, domestic satellite service
TD> companies’ network of trunking, broadband network and Internet services
TD> continued till March 31, 2004. 
TD>     * Concessions extended under section 10A and 10B will continue. 
TD>     * Tax exemptions in relation to the tax holiday will continue on
TD> change in the ownership of companies or change in shareholding. 
TD>     * Overseas investment limit increased to 100 percent from present
TD> limit of 50 percent of the net worth of the Indian company. 
TD>     * Computer-enabled services, namely data processing, networking,
TD> back office processing and computer facility management shall not be
TD> subject to service tax. 

TD> Negative impact 

TD>     * Business auxiliary services, franchise services, commercial
TD> training or coaching, commissioning or installation, Internet café
TD> services, maintenance or repair, technical testing and analysis,
TD> technical inspection and certification brought under service tax net. 
TD>     * Service tax rates hiked from 5 percent to 8 percent. 
TD> ________________________________________________________________________
TD> My comments:-
TD> ________________________________________________________________________
TD> 1. Earlier the Bundled software component in PC hardware was subject to
TD> excise. 
TD> 2. This has been given a tax exemption from excise. 
TD> 3. That means to claim excise tax exemption the PC manufacturers will
TD> have to actually declare the value of the software to the Government for
TD> claiming exemption on excise. 
TD> 4. The same valuation can be now used for claiming un-bundling of the
TD> software from the hardware or the OEM/PC manufacturer is forced to
TD> undervalue the software and pay a higher duty which they wouldn't do as
TD> it hurts their interests more to reduce his cost of . 
TD> 5. We need to Draft a letter for the IT minister and CC'ed to Finance
TD> Minister "To make the OEM's --unbundle on request-- taking care that
TD> OEMs/PC Manufacturers do use the same valuation for bundled software
TD> while advertising and refunding the money to the end-user as they have
TD> used to claim the excise exemptions". Thus promoting consumer interests
TD> and preventing excise loss for the GOI . 
TD> (Okaaayeh!!! --- I will try to re-draft the letter during weekend) 
TD> Tarun Dua 

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