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Maya adds new twist to Ambani gas row
New Delhi, August 23
The battle over gas is getting murkier. But, what is strange is the plan that Anil Ambani has with the KG Basin gas, for which he is fighting with his brother, Mukesh Ambani. He claims that the gas will be used for setting up a power plant at Dadri, in Uttar Pradesh.

No takers for BSNL’s 3G services
Jammu, August 23
Though launched after much fanfare, the 3G mobile services of the state-run BSNL in the Jammu region has virtually no taker as only less than 20 persons have so far availed the service.

Pidilite in expansion mode
Chandigarh, August 23
Pidilite Industries, maker of adhesives and sealants, plans to focus on expanding its distribution network and new segments like footwear, hobby and construction chemical besides introducing new products in existing segments to achieve growth this year.


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This file photo shows an employee of the German chemical giant BASF climbing up the stairs of an oil tank at the BASF plant in the eastern German town of Schwarzheide.
This file photo shows an employee of the German chemical giant BASF climbing up the stairs of an oil tank at the BASF plant in the eastern German town of Schwarzheide. Juergen Hambrecht, CEO of BASF, told business weekly "Wirtschaftswoche" in an interview on Sunday that a hostile takeover bid for his troubled company was possible but added that the firm was preparing defensive measures. — AFP 

SC pulls up Ranbaxy
New Delhi, August 23
The Supreme Court has admonished drug major Ranbaxy Laboratories Ltd for not raising on the relevant occasion the issue of refunding Rs one crore penalty the government imposed on it for allegedly overcharging drug prices.

Madoff victims to sue PwC
London, August 23
World's largest accounting firm, PricewaterhouseCoopers, is being sued for billions of pounds over its role as an auditor to one of the feeder funds that channelled huge amount of money to Bernard Madoff, the man behind the largest fraud in history, media report says.

Tax Advice
No tax on gift received from brother
Q. I am a Central Government employee having 12 years of service. Please clarify about the following doubt: I have been receiving nearly Rs 10-15,000 per month regularly from my younger brother from the USA from his salary (tax paid) who has been working in an American company. I have obtained permission to accept the amount from him by the departmental authorities. Please clarify whether I have to pay the tax on this amount? Are there any suggestions in this regard? — AK Bhardwaj






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Maya adds new twist to Ambani gas row
Bhagyashree Pande
Tribune News Service

New Delhi, August 23
The battle over gas is getting murkier. But, what is strange is the plan that Anil Ambani has with the KG Basin gas, for which he is fighting with his brother, Mukesh Ambani. He claims that the gas will be used for setting up a power plant at Dadri, in Uttar Pradesh.

Now, Uttar Pradesh Chief Minister Mayawati has other plans. A white paper that is being issued by the UP Government regarding the power situation, says otherwise. In the white paper “Who is responsible for current power crisis in UP”, Mayawati lashed out at her rival, Samajwadi party led by former Chief Minister Mulayam Singh Yadav, for the current power scarcity in the state.

Mayawati has stated that the rule of SP, BJP and Congress (all in past 60 years), has led to addition of only 4,700 MW of power in the state. The white paper has claimed that the actual demand is around 7,500-8,000 MW in the state.

It may be recalled that Anil Ambani is a former Member of Parliament (Rajya Sabha) from the Samajwadi party and had been allotted the land to set up power plant at Dadri during Mulayam Singh’s tenure at the helm in UP.

What is strange is the claim made by RNRL in its affidavit in the high court that it is planning to set up an estimated 7,480 MW gas-backed power station in Dadri. It has also mentioned in the affidavit that funds for the project, which is expected to be around Rs 2,440 crore, is being routed through external commercial borrowings (ECB).

The white paper of the state government, which presents its strategy for increasing the generation and availability of power, stated that the Bahujan Samaj Party has initiated the unprecedented task of development of power sector in the past 60 years in the state. Those in the private sector include Bara project (1,980 MW), Karchanna project (1,320 MW) which have been sanctioned and the production of these two projects will get started by the next four years.

The projects that will roll out in the next 2-3 years will be Roja project (600 MW) Anpapra project (1,200 MW), Srinagar project (330 MW). Apart from this, in the long term that is till 2017, the state government expects that production will start from Etah (1,320 MW), Sonbhadra (1,980 MW), Lalitpur (4,000 MW), and the Yamuna Expressway authority (2,000 MW).

What is strange is who are the lenders to RNRL for a project that does not have gas supply agreement in place. The gas supply agreement is necessary for any power project because the lender wants to know the credible source of raw material before bank rolling a project. Here, the gas supplies are in question, besides there are doubts over the allotment of land, which, if existed, would have found mention in the white paper of the state government.

There are doubts also in the state government circles about getting the Dadri land sanctioned. Local farmers are protesting against the use of fertile land at Dadri, located just north-east of Noida, for setting up a power plant and the farmers are likely to hold a protest march, claim state government sources.

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No takers for BSNL’s 3G services
Tejinder Singh Sodhi
Tribune News Service

Jammu, August 23
Though launched after much fanfare, the 3G mobile services of the state-run BSNL in the Jammu region has virtually no taker as only less than 20 persons have so far availed the service.

The much-hyped 3G services in the state were launched in March this year with an aim to increase the subscriber base of the company which was facing decline in because of poor network connectivity in the state.

The company had to spend crores of rupees to upgrade its infrastructure in Jammu to start the 3G mobile services. However, the subscriber base of the new service has failed to cross the double-digit mark.

As per sources in the BSNL, the total number of the subscribers of the BSNL’s 3G service in the Jammu region is only 14.

“Crores of rupees were spent on raising of the infrastructure for providing the 3G services in the region, but the response so far is not encouraging for us,” a senior officer of the BSNL said while requesting anonymity.

With enhanced network coverage, high-speed Internet access the third generation network, popularly known as the 3G, promised to give much better services to the subscribers but people are not attracted to the services as the changes are quite high.

The services provided by the 3G include wide area wireless, voice telephone, video calls and wireless data, all in a mobile environment.

As compared to 2G network services, 3G service allows simultaneous use of speech and data services and higher data rates, thus the new network promises to offer users a wide range of more advanced services while achieving greater network capacity through improved spectral efficiency.

However, despite giving so much facilities the subscribers in Jammu region do not seem to be impressed with the 3G network and the takers of the service has been a very few people.

“To get the service one needs to purchase a 3G-enabled mobile phone handset which is quite expensive and to avail the service one has to pay heavy monthly rentals,” said Sanjay Sharma techno savvy resident of Jammu.

He further said, “Also we don’t know after availing the service, what type of service the BSNL would provide, already their network is not upto the mark and subscribers are facing problems like call drops and congestion.”

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Pidilite in expansion mode
Ruchika M. Khanna
Tribune News Service

Prabhakar Jain
Prabhakar Jain

Chandigarh, August 23
Pidilite Industries, maker of adhesives and sealants, plans to focus on expanding its distribution network and new segments like footwear, hobby and construction chemical besides introducing new products in existing segments to achieve growth this year.

The company will also be expanding its total exports to emerging markets in West Asia, Africa and Latin America. With two of its overseas facilities at Bangladesh and Egypt set to begin commercial production later this year, the company will increase its global foothold by developing new markets. The Bangladesh facility is expected to begin commercial production in September, while the one in Egypt would be commissioned by December.

The company enjoys a 30 per cent market share in the Rs 3,000-crore adhesive market in India (retail as well as industrial adhesives). Talking to The Tribune here yesterday, Prabhakar Jain, CEO, Global Fevicol Division, Pidilite Industries, said the focus was on growth in the household and consumer products. “Special focus will be given to create awareness and strengthening our front-end operations,” he said.

Jain was here to visit the company’s facilities at Baddi and Kala Amb in Himachal Pradesh. The two facilities have a total capacity of 80,000 tonnes of adhesives per annum. “We are currently evaluating on expansion of the Kala Amb facility by about 10,000 tonnes. But the final call will be taken by the company’s board of directors,” he said.

The company also has plans to hive off its non-consumer-based business in a bid to concentrate on the more lucrative consumer products. 

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SC pulls up Ranbaxy
Delayed raising of refund issue

New Delhi, August 23
The Supreme Court has admonished drug major Ranbaxy Laboratories Ltd for not raising on the relevant occasion the issue of refunding Rs one crore penalty the government imposed on it for allegedly overcharging drug prices.

A Bench headed by Justice V S Sirpurkar, while hearing the Centre's plea, flayed Ranbaxy for not raising the issue when the matter was decided in May last year in the apex court.

"Why did you keep quiet at the time when the final orders were passed? You failed to raise the issue and now you want refund ... You were sleeping then or you were in coma?" Justice Sirpurkar observed.

However, the Court permitted the company to move an application seeking the refund.

The Ranbaxy counsel sought refund of Rs one crore with interest more than a year after the Supreme Court upheld the firm's position in May 2008.

The Supreme Court in January this year dismissed the review plea filed by the Centre challenging its decision of May 12 last year wherein it had held that exemption from the Drug Prices (Control) Order shall relate to drugs just manufactured in the period of exemption and they need not be sold also during the interval. The Supreme Court Bench in its May 2008 verdict observed that a manufacturer is not in a position to know when a drug will be sold.

"(The firm's) control over the drug would end when it is dispatched to the wholesaler ... The manufacturer cannot supervise or oversee as to how others would be dealing with its product ..." it said.

The Delhi High Court in May 2006 had asked the firm to pay the penalty of Rs one crore and had directed that the money would either be refunded or paid, with interest in each case, depending on the verdict.

The High Court upheld Ranbaxy's position, holding that the words used in the exemption notification are not "manufactured and sold" but only "manufactured". — PTI

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Madoff victims to sue PwC

London, August 23
World's largest accounting firm, PricewaterhouseCoopers, is being sued for billions of pounds over its role as an auditor to one of the feeder funds that channelled huge amount of money to Bernard Madoff, the man behind the largest fraud in history, media report says.

"The Canadian arm of PwC has been named in seven separate lawsuits claiming as much as $2 billion in damages for investors who lost almost everything in the largest fraud in history," the Telegraph said in a latest report.

PwC Canada was auditor to Fairfield Sentry, the feeder fund that placed $7.2 billion of investors' money with Madoff and which became the biggest single casualty.

The firm is facing two class action lawsuits, two claims from individual investors and three "derivative actions" launched by investors on behalf of Fairfield Sentry.

PwC Canada has been accused of negligence for failing to spot that Fairfield Sentry's $7.2 billion of assets simply did not exist.

PwC is the second global audit firm to be sued in relation to Madoff. KPMG has been targeted by investors in Tremont Group, which lost $3.3 billion. Sources said that PwC is taking the case very seriously and is anticipating more legal action. — PTI 

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Tax Advice
No tax on gift received from brother
by S.C. Vasudeva

Q. I am a Central Government employee having 12 years of service. Please clarify about the following doubt: I have been receiving nearly Rs 10-15,000 per month regularly from my younger brother from the USA from his salary (tax paid) who has been working in an American company. I have obtained permission to accept the amount from him by the departmental authorities. Please clarify whether I have to pay the tax on this amount? Are there any suggestions in this regard? — AK Bhardwaj

A. On the basis of facts in the query, no tax would be payable on the amount so received by you from your brother as the amount remitted by your brother from America is not your income but is in the nature of a gift from him. I hope your brother has been sending a letter with regard to such a gift. If not, you should get such letters as evidence of the gift having been received from your brother. You should also keep a copy of the inward remittance certificates in your records to prove that funds have been received from America through official channels. 

e-filing of IT return

Q. If I e-file 20 returns in a single day then I want to know whether I have to send ITR V to Bangalore one by one or in a single A4 size envelope containing all the ITR V. — Saha

A. Each return has to be filed separately by ordinary post to the Bangalore Office of the Income-tax Department. Such returns cannot be filed together in one envelope.

IT refund

Q. My gross total income from pension and interest from SCSS for the Assessment Year 2006-07 and 2007-08 was Rs 2,09,747 and Rs 1,98,600, respectively. However, while calculating taxable income, deductions permissible under chapter VIA 80C on SCSS (Rs 1 lakh in my case), were not made and Rs 17,964 and Rs 15,471 were paid as income tax for these two years.

If these deductions are taken into account, taxable income becomes nil and no tax should have been paid. Local income tax authorities maintain that now the refunds cannot be claimed. Is this contention correct? If not, kindly advise procedure for refund. — Desh Bandhu Kuthiala

A. The facts in the query do not indicate whether the income tax return had been filed for the assessment years mentioned in the query. Presuming that you had filed the return of income along with Form No. 30 for claim of refund of tax and these deductions had been claimed in the return, you may approach the Central Board of Direct Taxes for seeking the refund. In case claim for such deductions was not made in the return of income, it may be difficult to seek the refund as time for filing the revised return has expired.

You may, however, try your luck by filing a petition under Section 264 of the Act with Commissioner of Income-tax for revision of the order of the Assessing Officer. Such petition should be accompanied by an application for condoning the delay in case the petition is beyond the period of one year from the date of the service of the order of the Assessing Officer.

Tax liability

Q. I do online currency trading business and invest my funds in Newyork-based brokerage firm and carry trading. When I get profits I withdraw the amount by sending a withdrawal request to the brokerage firm and the amount is directly deposited to my local bank account from Bank of America (from USD to INR). Can you please tell me how about the tax liability. According to my knowledge, there is no tax for this trading in Singapore. Now, I am doing this in India so please advise me. — AK Johar

A. The taxability under the Income-tax Act 1961 (the Act) depends on the residential status of an assessee. Therefore, in case you are a resident in India for the year for which you have earned income from online currency trading business, you will be liable to pay tax on the profits earned in carrying on outside business. The determination of the profits will have to be done in accordance with the provisions of Section 28 to 43D of the Act.

The leviability of tax would not depend on the amount deposited in your bank. Instead, the income earned on carrying on the business will be taxable. The Income-tax in India is required to be charged for any assessment year at the prescribed rates in accordance with the provisions of the Act in respect of the total income of the previous year of a person. I do not find any section in the Act which exempts the income from online currency trading from the taxability.

Tax on royalties

Q. I am an author and earn royalties for writing books and articles. Now, taxes are deducted at source by the publishers for most of the articles and books I write as per the US tax laws. Do I require to pay tax again here in India? Please advise. Also, please let me know your contact details so that I can get in touch with you for tax consultations. — PK Gaur

A. The Income-tax in India is levied on the basis of the residential status of a person. The facts in the query do not indicate about your residential status. Presuming that you are a resident of India in accordance with the provisions of Section 6 of the Act, you will be liable to pay tax in India if your total income, including royalty from books, exceeds Rs 1,60,000 per annum, the maximum limit up to tax is not chargeable for assessment year 2010-2011 (financial year ended 31st March 2010). The tax paid in the USA will be allowed as deduction against the tax payable in India provided due support of such payment is available with you. 

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