Sudin Sabnis and Suraj Nangia of Nangia Andersen LLP provide a perspective on the recent Concentrix decision by the Delhi High Court on the applicability of Most Favored Nation clause benefits in respect of tax treaties signed by India with non-OECD countries which subsequently became OECD members. https://news.bloombergtax.com/daily-tax-report-international/common-interpretation-is-it-really-that-common-the-indian-context
Read MoreA rundown on Union Budget 2021
With the India’s economy already stalling before the COVID-19 crisis, the Union Budget 2021 has put forward measures to return the economy to a high-growth track and tackle pressing issues in relation to – health and wellbeing, capital productivity, infrastructure and governance. In spite of the financial fallout from the pandemic, the Union Budget 2021 has proposed to maintain status quo on tax rates. The Government intends to make allocations in all core areas of activity in order to stabilise the Indian Economy. The Budget, therefore, proposes structural reforms that would effectively address the issues of the Indian Economy thereby providing real growth impetus. The Finance Minister proposed to enhance spending on healthcare and infrastructure to accelerate growth. Moreover, increased FDI limit from 49% to 74% for insurance sector, introduction of IPO for LIC and privatization of a few national banks would help address credit crunch in the post-pandemic landscape. Direct Tax Measures On the direct tax front, the Finance Minister began by offering her pranaam to the senior citizens and acknowledged their contribution in nation building. To ease compliance for resident senior citizens of age 75 years or above, the Finance Minister proposed to provide relaxation from filing of return of income, if such assessees derive income in the nature of pension or interest (from the same bank in which they receive their pension income). Based on a declaration furnished by such taxpayers, the paying bank will deduct tax at source on income computed after giving effect to applicable deductions and rebate. However, such relaxation is subject to a stipulated rider that relaxation shall only be available to the persons having pension income or interest income on deposits from the same bank in which he/she receives his/her pension income. The government’s efforts so far have been a strong catalyst for India’s rapid digitization. As technological advancements ramp up and connectivity becomes omnipresent, India’s economy is essentially poised to transform. With the intent to enable greater ease of doing business, a slew of measures were introduced to transform India into a digital India. For instance, the government has offered incentive in the form of relaxation of threshold for applicability of tax audit. It has been proposed to increase the threshold limit for a person carrying on business from INR 5 crores to INR 10 crores, where 95% of business transactions are done in digital mode. Changing way of Dispute Resolution Indian Tax Administration is also changing its ways. Driven by the principle of ‘minimum government and maximum governance’, the tax department went for a ‘faceless e-volution’ only last year. Resultantly, the entire chain of events- right from the filing of tax return to the dispute resolution has gone digital. The Budget 2021 extended the faceless procedures for disposal of appeals before the ITAT as well, on the same lines as the faceless appeals scheme. While the nitty-gritties in respect of the new scheme are yet to be notified, it is felt that the government ought to have waited for the successful implementation of faceless assessment and faceless appeal before hastily introducing faceless ITAT. Notably, ITAT is the final fact finding authority, for the taxpayer to argue and counter argue their tax position in light of differentiating facts. Digitising will change the litigation process. Additionally, to provide early tax certainty for preventing new disputes and settling issues at initial stage for small and medium taxpayers, constitution of DRC has been proposed. Established with the power to reduce or waive any penalty or grant immunity from prosecution for any offence under the Income Tax Act, the DRC shall only handle disputes where returned income is up to INR 50 lakhs (where return has been filed) and aggregate amount of variation is up to INR 10 lakh. Further, orders on account of cases of search, requisition, survey or information received under DTAAs, case of detention, prosecution or conviction under various laws shall not be eligible to be taken up by the DRC. Even the Authority of Advance Rulings has been proposed to be restructured. Under the existing provisions of the Act, the AAR consists of a Bench, including a Chairman who should be a retired judge of Supreme Court or Chief Justice of a High Court. The Bench cannot function in the absence of Chairman or Vice Chairman, which causes significant delays. To expedite the disposal of applications, it is proposed to constitute a Board of Advance Ruling, which shall substitute the existing structure. The Board would now consist of two members, not below the rank of Chief Commissioner. The rulings given by the Board will not be binding on either applicant or department and can be appealed before the High Court. Foreign investors might be reluctant to apply to a board for advance rulings that is manned by commissioners, because they would fear that the decision is going to be against them from the very beginning. Further, that fact that the ruling would not be binding may act as a deterrent for foreign investors, considering the looming uncertainty of tax cost of doing business in India. Incentivising start-ups Start-ups contribute to economic dynamism by inciting innovation and injecting competition. Recently, start-ups have borne a huge burnt of economic devastation cause by the pandemic; therefore, the Finance Minister extended the benefit of tax holiday and capital gain exemption upon investment in a start-up. Entire profits and gains derived from an eligible business by an eligible start up is allowed as deduction under section 80-IAC of the Income Tax Act, for three consecutive years out of ten years at the option of Assessee. The deduction is subject to the condition that the eligible start up is incorporated on or after April 1, 2016 but before April 1, 2021. It has now been proposed to extend the outer date of incorporation by one year, to March 31, 2022. Additionally, to incentivise investment in start-ups, it has been proposed to extend the benefit under section 54GB of the Act by …
Read MoreNangia Andersen LLP in News: Digital Taxes—A Quick Fix or a Detriment to Global Economies- Suraj Nangia
India has retrospectively eased eligibility conditions for investment funds set up by Category-I Foreign Portfolio Investors (FPIs) such as sovereign funds, pension funds, regulated entities including offshore banks, to avail tax benefits. Our partners, Suraj Nangia write an op-ed piece on Digital Taxes—A Quick Fix or a Detriment to Global Economies for Bloomberg Tax- US. Attached is link to the article https://news.bloombergtax.com/daily-tax-report-international/insight-digital-taxes-a-quick-fix-or-a-detriment-to-global-economies
Read MoreSuraj Nangia spoke at VDMA Mechanical Engineering Summit, Bengaluru
We are proud to be associated as Gold sponsor with VDMA Mechanical Engineering Summit held in Bengaluru last week. Suraj Nangia, Partner, Nangia Advisors (Andersen Global) had shared his bits of knowledge on Draft Direct Tax bill and German Investments in India where in more than 250 delegates constituting mainly the German companies in India available at the event. VDMA is a network of more than 3,200 engineering industry companies in Germany making it…
Read MoreITR Filing 2019: Filing income tax returns for FY 2018-19? Here is all you need to know
The last date for filing Income Tax Returns (ITRs) is just around the corner. Taxpayers are required to furnish the details of income earned, source/ nature of the same and the tax paid or payable for financial year 2018-19. All individuals who have gross total income (before deduction under Chapter VI A) of over Rs 2.5 lakh are required to file ITRs. For those above 60 and below 80 years…
Read MoreSegregation of bad portfolio by debt fund – tax implications
Recent NBFC crisis and downgrading of corporate bonds have affected several mutual funds that invest in debt securities. Interestingly fund houses have reacted very differently. Many are writing down defaulting papers. Some have deferred repayment of maturity proceeds of their fixed maturity plans. One of HDFC mutual fund’s debt schemes sold its affected securities to its AMC thereby protecting investors. Kotak repaid its investors after deducting maturity proceeds attributed to…
Read MoreLiaison Office – A taxable presence?
Introduction 1. An enterprise having established itself in its home country, usually tests its waters outside its domestic boundaries, with an endeavour to obtain its share in the universal pie of globalisation fruits. In its initial phase of establishment of its business in the host country, a multinational corporation (‘MNC’) conducts market research, develops strategies to explore the foreign markets, formulates plans, maintains liaison with the government officials, etc. Post-such preliminary…
Read MoreCapital gains tax: Sold house? Now buy a new one in your name
Any property sale in India attracts capital gain tax on the gains arising therefrom under the Income Tax Act. Though the gains arising on sale of property get taxed as capital gains, relief against certain capital gains are provided upon satisfaction of the prescribed conditions. One of such reliefs is available under Section 54 of the Act, in respect of long-term capital gains arising on the sale of residential house…
Read MoreI-T dept allows manual filing by resident, NRI taxpayers for nil/lower TDS certificate- Suraj Nangia
The income tax department on Monday allowed the manual filing of form by resident and NRI taxpayers wanting to apply for deduction of taxes at a lower or nil rate on total income. Suraj Nangia, Partner shares his views on aforementioned story for following publications: * PTI (This news has been picked up by 34 other news publications including Economic Times, Business Standard, Financial Express, Business Today etc.) * Hindu…
Read MoreCBDT outlines recommended approaches to deal with rulings exchanged under BEPS Action 5
The main focus of the BEPS Action Plan 5 issues in October 2015 was on agreeing and applying a methodology to define the substantial activity requirement to assess preferential regimes, looking first at intellectual property (IP) regimes and then other preferential regimes. The work has also focused on improving transparency through the compulsory spontaneous exchange of certain rulings that could give rise to BEPS concerns in the absence of such…
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