All I-T returns must be filed by March-end of assessment year

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If the income exceeds Rs 5 lakh, a fee of Rs 5,000 shall be payable

With a view to expedite tax assessments, the income tax department proposes to make it mandatory for tax payers to file I-T returns as well as revised returns by March end of the assessment year (AY).

The department, in the memorandum to Finance Bill 2017, has also proposed a fee for delayed filing of income tax returns. In case of people whose total income does not exceed Rs 5 lakh, Rs 1,000 fee would be charged.

If the income exceeds Rs 5 lakh, a fee of Rs 5,000 shall be payable, if the return is filed after July but on or before December 31 of the Assessment Year (AY). A fee of Rs 10,000 shall be payable if ITR is filed after December.

“In order to expedite assessments of the Department, it is critical that the returns for an assessment year also freeze by the end of the assessment year. It is hence proposed to amend the provisions of sub-section (5) of section 139 to provide that the time for the furnishing of revised return shall be available up to the end of the relevant assessment year or before the completion of the assessment, whichever is earlier,” said the memorandum to the Finance Bill 2017.

This effectively means that people filing Income Tax returns have to file it with the department by March end of the assessment year i.E return for fiscal 2017-18 has to be filed by March 2019.

CBDT Chairperson Sushil Chandra said: “Today we have 1 crore people below Rs 2.5 lakh income filing tax returns. So if they are filing ITR, we want them to file returns on time. So now timely filing of ITR is mandatory.”

So far assesses were permitted to file delayed income tax returns one year after the completion of the assessment year.

Source: http://www.business-standard.com/article/economy-policy/all-i-t-returns-must-be-filed-by-march-end-of-assessment-year-117020201119_1.html

Benami Act comes into play: I-T issues 87 notices; attaches assets worth crores

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The Income Tax department said it has issued 87 notices and attached bank deposits worth crores in 42 cases nationwide.
Initiating a stringent action against black money holders post notes ban, the Income Tax department on Monday said it has issued 87 notices and attached bank deposits worth crores in 42 cases nationwide under the newly enforced Benami Transactions Act which attracts a heavy penalty and rigorous jail term of a maximum 7 years.Post the demonetisation order of the government on November 8 last year, the department had carried out public advertisements and had warned people against depositing their unaccounted old currency in someone else’s bank account saying such an act would attract criminal charges under the Benami Property Transactions Act, 1988, applicable on both movable and immovable property, that has been enforced from November 1, 2016.“After in-depth investigations, the I-T department has issued 87 notices under section 24 of the said Act (notice and attachment of property involved in benami transaction). A total of 42 properties, largely monies worth crores in bank accounts and an immovable property, of benamidars have been attached,” officials said citing an analysis report, also accessed by PTI.The I-T department is the nodal department to enforce the said Act in the country.They said the taxman has issued numerous summons under the Benami Transactions Act and is in the process of issuing more.

The decision, they said, to slap the stringent provisions of the Benami Transactions Act was taken after analysing serious cases where the illegalities were blatant and suspect cash was deposited in either benami accounts or Jan Dhan or dormant accounts.

The taxman had initiated a nationwide operation to identify suspect bank accounts where huge cash deposits have been made post November 8 when the government demonetised the Rs 500 and Rs 1000 currency notes.

Officials said the Act empowers the taxman to confiscate and prosecute both the depositor and the person whose illegal money he or she has “adjusted” in their account.

“Such an arrangement where a person deposits old currency of Rs 500 and Rs 1000 in the bank account of another person with an understanding that the account holder shall return his money in new currency, the transaction shall be regarded as benami transaction under the said Act.

“The person who deposits old currency in the bank account shall be treated as beneficial owner and the person in whose bank account the old currency has been deposited shall be categorised under this law as a benamidar,” a senior official had explained earlier.

Source: http://www.hindustantimes.com/india-news/benami-act-comes-into-play-i-t-issues-87-notices-attaches-assets-worth-crores/story-d5idzriuNZtuuRQ0xyghQP.html

Here are the highlights of Union Budget 2017

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Finance Minister Arun Jaitley presented the Union Budget 2017, his fourth annual budget, today. Here are the highlights of this year’s budget:

►Income Tax rate cut to 5 pc for individuals having income between Rs 2.5 lakh to Rs 5 lakh

►10 pc surcharge on individual income above Rs 50 lakh and upto Rs 1 cr to make up for Rs 15,000 cr loss of due to cut in personal I-T rate

►15 pc surcharge on income above Rs 1 cr to continue

►Of 3.7 cr individuals who filed tax returns in 2015-16, 99 lakh showed income below exemption limit

►Direct tax collection not commensurate with income and expenditure pattern

►Revenue deficit reduced to 2.1 pc from 2.3 pc for 2016-17

►Govt pegs fiscal deficit target at 3.2 per cent for 2017-18 and 3 per cent for next year.

► Monetary policy to be expansionary in major economies

► More steps will be taken to benefit farmers and the weaker sections; budget being presented during weak global economy

►Pace of remonetisation has picked up; demonetisation effects will not spill over to next year

►Functional autonomy of the railways to be maintained

►Demonetisation will help in transfer of resources from tax evaders to government:

►Merger of Railways Budget with General Budget brings focus on a multi-modal approach for development of railways, highways and inland water transport

►Only transient impact on economy due to demonetisation; long term benefit include higher GDP growth and tax revenue

►GDP will be bigger, cleaner after demonetisation

►Effects of demonetisation not expected to spill over to the next year, says Finance Minister

►Govt took two tectonic policy initiatives – passage of GST Bill and demonetisation

►Demonetisation was a continuation of series of measures taken by govt in 2 yrs; it is bold and decisive measure

►We are seen as engine of global growth; IMF sees India to grow fastest in major economies

►36 pc increase in FDI flow; forex reserves at USD 361 billion in January enough to cover 12 months needs

►CAD declined from 1 pc last year to 0.3 pc in first half of current fiscal: FM

►India has emerged as bright spot in the world: FM

►Uncertainty around commodity prices especially oil to have impact on emerging economies: FM

►Double digit inflation has been controlled; sluggish growth replaced by high growth; war on blackmoney launched: FM

►We have moved from discretionary based administration to policy based administration: FM Jaitley

► Agricultural sector is expected to grow at 4.1 per cent this fiscal, says Jaitley

►Demonetisation was a bold and decisive strike in a series of measures to arrive at a new norm of bigger, cleaner and real GDP

►Committed to double farm income in 5 years

►Plan, non-plan classification of expenditure done away with in the Budget for 2017-18 to give a holistic picture

►Mini labs by qualified local entrepreneurs to be set up for soil testing in all 648 krishi vigyan kendras in the country

►Budget presentation advanced to help begin implementation of schemes before onset of monsoon

►We will continue the process of economic reform for the benfit of poor.

►Spend more in rural areas, infra, poverty alleviation, while maintaining fiscal prudence as guiding principle of Budget

►Our agenda for next year is to transform, energise and clean India

►World Bank expects GDP growth rate at 7.6 pc in FY18 and 7.8 pc in FY19

►Allocation under MNREGA increased to 48,000 crore from Rs 38,500 crore. This is highest ever allocation

►Rs 9,000 cr higher allocation for payment of sugarcane arrears

►Target of agriculture credit fixed at Rs 10 lakh cr in 2017-18

►Tax administration honouring the honest is one of the 10 pillars of Budget 2017-18

►National Testing agency to conduct all examinations in higher education, freeing CBSE and other agencies

►133-km road per day constructred under Pradhan Mantri Gram Sadak Yojana as against 73-km in 2011-14

►Govt to set up dairy processing fund of Rs 8,000 crore over three years with initial corpus of Rs 2,000 crore

►1 cr households to be brought out of poverty under Antodya Scheme

►Participation of women in MNREGA increased to 55 pc from 45 pc in past

►Modern law on contract farming will be drafted and circulated to states

►Dedicated micro-irrigation fund to be created with a corpus of Rs 5000 crore

►Market reforms will be undertaken, states will be asked to denotify perishables from Essential Commodities Act

►Space technology to be used for monitoring MNREGA implementation

►Sanitation coverage in villages has increased from 42 pc in Oct 2016 to 60 pc, a rise of 18 pc, says FM

►We propose to provide safe drinking water to 28,000 arsenic and fluoride affected habitations

►To construct one crore houses by 2019 for homeless. PM Awas Yojana allocation raised from Rs 15,000 cr to Rs 23,000 cr

►100 pc electrification of villages to be completed by May 2018

►27,000 cr on to be spend on PMGSY; 1 cr houses to be completed by 2017-18 for houseless

►PM Kaushal Kendras will be extended to 600 districts; 100 international skill centres to be opened to help people get jobs abroad

►The allocation for rural agri and allied sector in 2017-18 is record Rs 1,81,223 crore

►In higher education, we will undertake reforms in UGC, give autonomy to colleges and institutions

►A system of annual learning outcome in schools to be introduced; innovation fund for secondary education to be set up

►Two new AIIMS to be set up Jharkhand and Gujarat

►New rules regarding medical devices will be devised to reduce their cost

► 1.5 lakh health sub centres to be converted to Health Wellness Centres

►National Housing Bank will refinance indiviual loans worth Rs 20,000 crore in 2017-18

►Rs 500 cr allocated to set up Mahila Shakti Kendras; Allocation raised from Rs 1.56 lakh cr to Rs 1.84 lakh cr for women & child welfare.

►Capital and development expenditure pegged at Rs 1.31 lakh cr for railways in 2017-18 from Budget

►Allocation for SCs increased from Rs 38,833 cr to Rs 52,393 cr, a rise of 35 per cent

►35 pc increase in allocation for SC to Rs 52,393 cr

►For senior citizens, Aadhaar based health cards will be issued

►Model Shops and Establishment Bill to open up additional opportunities for employment of women

► Select airports in tier-II cities to be taken up for operations, development on PPP mode

►New metro rail policy to be unveiled

►Railway tariffs to be fixed on the basis of cost, social obligation and competition

►Service charge on e-tickets booked through IRCTC will be withdrawn

►Delhi and Jaipur to have solid waste management plants and five more to be set up later

►Government proposes Coach Mitra facility to redress grievances related to rail coaches

►500 stations will be differently abled by providing lifts and escalators

►Unmanned railway level crossings to be eliminated by 2020

►Railway line of 3,500 km will be commissioned in 2017-18 as against 2,800 km in 2016-17

►Total allocation for rural, agri and allied sectors for 2017-18 is a record Rs 1,87,223 cr, up 24 per cent from last year

►Rs 1 lakh cr corpus for railway safety fund over five years

►A scheme for senior citizens to ensure 8 per cent guaranteed returns

►Dedicated micro-irrigation fund to be set up by NABARD to achieve mission of Per Drop, More Crop

►Digi Gaon will be launched to promote tele-medicine and education

►Crude oil strategic reserves to be set up in Odisha and Rajasthan apart from 3 already constructed

►Coverage of Fasal Bima Yojana to go up from 30 pc of cropped area to 40 pc in 2017-18 and 50 per cent next year

►For transport sector, including railways, road and shipping, government provides Rs 2.41 lakh crore

►Allocation of Rs 10,000 cr for Bharat Net project for providing high-speed broadband in FY18

►Allocation for national highways stepped up to Rs 64,000 cr from Rs 57,676 cr

►Budget allocation for highways stepped up to Rs 64,000 crore in FY18 from Rs 57,676 crore

►Dispute resolution in infrastructure projects in PPP mode will be institutionalised

►Rs 2,74,114 crore allocated for defence expenditure, excluding pension; This includes Rs 86,000 crore for defence capital

►Govt to further liberalise FDI policy

►Over 90 per cent of FDI proposls are now through automatic route

►FIPB will be abolished

►Trade Infrastructure Export Scheme to be launched in 2017-18; total allocation for infra at record Rs 3.96 lakh cr

►Second phase of solar power development to be taken up with an aim of generating 20,000 MW

►After demonetisation on Nov 8 last year, deposit of between Rs 2 lakh and Rs 80 lakh made in 1.09 cr bank accounts at an average of Rs 5.03 lakh till Dec 30

►More funds beyond Rs 10,000 cr for recapitalisation of banks will be provided if needed

►The shares of railway CPSCs like IRCTC and IRFC to be listed on various stock exchanges

►We are largely a tax non-compliant society

►New ETF with diverse stocks will be launched in 2017-18

►Of 76 lakh individuals who reported income of over Rs 5 lakh, 56 lakh are salaried

►Integrated public sector oil major to be created to match global giants

►Govt will amend the Multi-state Cooperative Act to protect the poor and gullible investors

►Urgent need to protect poor from chit fund schemes, draft bill placed in public domain

►Computer emergency response team to be set for cyber security of financial sector

► Govt to introduce two new schemes to promote BHIM App – referal bonus for users and cash back for traders

►Govt doubles distribution target under Mudra Yojana to Rs 2.44 lakh crore for 2017-18

►Over Rs 80 lakh deposits in 1.48 lakh cr at an average of Rs 3.31 cr per account

►Customs duty on LNG halved to 2.5 pc

►FPI to be exempt from indirect transfer provisions

►Political parties can receive donations in cheque, electronic mode; electoral bonds to be issued by RBI

►Maximum amount of cash donation a political party can receive will be Rs 2000 from any one source as part of effort to clean political funding

►Capital expenditure stepped up by 25.4 pc in FY18 over previous year

►Total expenditure in FY18 at Rs 21.47 lakh cr

►Duty exempted on various POS machines and iris readers to encourage digital payments

►Rs 7,200 cr revenue loss due to reduction in tax on smaller companies

►Govt mulling introduction of legal changes to confiscate assets of offenders, including economic offenders, who flee the country

►Govt to set up a web-based interactive platform for defence pensioners

►Head post offices to issue passports

►Govt considering option to amend Negotiable Instruments Act to ensure that holders of dishonoured cheques get payment

►FRBM review committee has recommended 60 pc debt to GDP ratio; 0.5 pc of GDP deviation from stipulated fiscal deficit targets

►Payment regulatory board to be set up in RBI to regulate electronic payments, replacing Board for Regulation and Supervision in Payments and Settlements System

►3 yr period for long-term capital gains tax on immovable property reduced to 2 years; base year indexation shifted from 1.4.1981 to 1.4.2001

►A proposal to receive all government receipts beyond a certain threshold through e-modes under consideration

►GST implementation to bring more taxes to Centre and states

►No transaction above Rs 3 lakh in cash will be allowed as suggested by SIT

►Customs duty on LNG to be reduced from 5 pc to 2.5 pc

►To make MSME companies more viable, govt proposes to reduce IT tax with annual turn over of Rs 50 core up to 25 per cent

►I-T for smaller cos with turnover of upto Rs 50 cr up to 25 per cent

►Not possible to remove MAT levied on advance tax for now; carry forward allowed for 15 yrs instead of 10 yrs

►Relaxation in norms for Start Ups for getting tax exemption

►Capital gains tax exempted for the land pooled to build new capital of Andhra Pradesh effective from 2.6.2014

►Increase in personal tax collections is 34.8 per cent in last three quarters. Demonetisation has played a role

►17 pc growth in direct tax revenue for the second year in a row in 2016-17

►As against 4.2 crore people working in organised sector, only 1.74 crore individuals filed income tax returns

►Solar tempered glass used for manufacture of solar cells/panels exempted from customs duty

►Import duty on aluminium ores and concentrates raised to 30 pc from nil presently

►Actual revenue loss on tax proposals Rs 22,700 cr; gain from additional resource mobilisation is Rs 2,700 cr

►Net revenue loss from direct tax proposals to be about Rs 20,000 cr

►Excise duty on pan masala containing tobacco (Gutkha) raised to 12 pc from 10 pc

►Excise duty on non-filter cigarettes of length not exceeding 65 mm raised to Rs 311 per thousand from Rs 215 per thousand

 

Source:http://economictimes.indiatimes.com/articleshow/56907865.cms

Tax avoidance rules: POEM norms to take effect from April, 2017

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Confirming that India’s so-called POEM regulations — which are meant to ascertain the residential status of companies and use it to curb tax avoidance — will take effect from April 1, the Central Board of Direct Taxes (CBDT) on Tuesday issued the final guidelines in this regard. While the draft Place of Effective Management rules issued in December 2015 had caused a stir in the industry for being out of sync with transnational business realities (under pressure from businesses, Budget FY17 deferred POEM activation by one year), the new draft narrowed the scope of the tool and sought to allay most concerns of the investor community about its potential improper use/misuse.

The CBDT has made it clear that POEM’s intent is  not to target Indian multinationals, which have legitimate business activities outside India, but to pin down shell companies  and firms created for retaining income outside India although the real control is exercised from India.

In what would reduce the chances of an assessing officer invoking the POEM provision without proper evaluation, the new rules state that she will need approval of a three-member collegium of her senior officers for triggering the test. Also, it has now been clarified that POEM guidelines won’t apply to companies having turnover or gross receipts of Rs 50 crore or less in a financial year. The regulations, the CBDT said, would apply for assessment year 2017-18 (FY17) and further.

“The guiding principles issued by the CBDT seeks to address some of the practical issues which could arise in application of the POEM test. The guideline strikes the right balance between providing certainty to taxpayers as well as ensuring that offshore companies with no substance or activities, which are controlled from India, are subject to Indian tax jurisdiction,” Rajendra Nayak, tax partner, EY India, said.

The POEM principle — which has found traction with tax authorities in capital-exporting countries and the OECD — was included in India’s I-T Act via the Finance Act, 2015 with the express purpose of discouraging the creation of shell companies with Indian shareholders in foreign jurisdictions to avoid tax residency in India. If a company is treated as resident in India, its worldwide income is taxable here, while only the India-sourced income of foreign companies is taxed. Although the tax rate on foreign companies is higher (40% versus the marginal rate of 30% for domestic firms), subjecting worldwide income to taxation could potentially increase the tax liability of many MNCs with Indian stakeholders. In fact, the real reason behind POEM is the tax department’s intent to curb corporate structures allowing passive foreign income — royalty, dividend, capital gains, interest income and the like — of firms incorporated in foreign countries with Indian ownership, escaping the tax net here. Tuesday’s draft, analysts said, gives further guidance on “active business outside India” test especially with respect to determination of passive income, total asset base, number of employees and payroll expenses in India and outside.

The new norms provide that if board of directors delegates authority to make key management decision/commercial decision to the promoter or strategic/legal/ financial advisors, the place of effective management will be the place where such persons makes those decisions.

Rakesh Bhargava, director, Taxmann, said: “In the final guidelines the CBDT has provided adequate safeguards to ensure that POEM guidelines does not become an oppressive tool in the hands of revenue to harass genuine assessees. Now, assessing officer can ascertain the residential status of foreign company on the basis of POEM guidelines only after taking two-stage approval; first approval is required before initiating any proceedings and second approval is needed before giving any final finding on residential status of foreign company.”

Giving additional clarifications, the CBDT said the decisions made by shareholder on matters which are reserved for shareholder decision under the company laws are not relevant for determination of a company’s POEM. However, the circular added, the shareholder’s involvement can, in certain situations, turn into that of effective management. “Therefore, whether the shareholder involvement is crossing the line into that of effective management is one of fact and has to be determined on case-to-case basis only,” the circular said.

Furthermore, the guidelines stressed that day-to-day decisions taken by junior or middle management of a company wouldn’t be taken into account for determining POEM. However, in certain situations where the person responsible for operational decision is also the one responsible for the key management and commercial decisions, it will be necessary to distinguish the two type of decisions and assess the location where the key management and commercial decisions are taken.

Source: http://www.financialexpress.com/economy/tax-avoidance-rules-poem-norms-to-take-effect-from-april-2017/521170/

CBDT tightens screws on shell companies

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The Central Board of Direct Taxes (CBDT) on Tuesday issued the much-awaited “guiding principles” for determination of a Place of Effective Management (PoEM) of a company, scotching speculation that the Budget may see its removal from the statute book.

Put simply, PoEM means a place where key management and commercial decisions that are necessary for the conduct of the business of an entity as a whole are, in substance, made.

The CBDT guidelines come barely two months before the end of fiscal year 2016-17, in which PoEM had become legislatively effective, giving little time for Indian multinationals to prepare for the new regime.

The main objective of introducing PoEM was to ensure that companies incorporated outside India but controlled from India do not escape taxation here. It also brings in the concept of residency of corporates with internationally accepted principles, say tax experts.

Girish Vanvari, National Head of Tax, KPMG in India, said that the guidelines stress on substance over form. “They attempt to differentiate between shareholder control, management control and routine decisions. Whilst the guidelines are comprehensive, they are subjective on substance and can be challenged for interpretation in many places,” he said.

Narrower application

Rohinton Sidhwa, Partner, Deloitte, Haskins & Sells LLP, said that what has been released has a narrower application than what was originally proposed. They are also supplemented with examples on isolated facts that will not lead to a PoEM as also illustrative interpretations. The legislative amendment was effective from April 1, 2016, whereas the guidelines are being released only today, Sidhwa pointed out.

Hitesh Sawhney, Partner — Direct Tax, PwC, said thatCBDT has clarified that the intent of PoEM provisions is to target shell companies/companies that are created to retain income outside India and not Indian MNCs engaged in business overseas.

Stress on substance

Aseem Chawla, Managing Partner, ASC Legal, a law firm, said that the finalised guidance relies on substance over form and that routine operational decisions shall not be relevant for PoEM determination.

“Also a panel of three commissioners is to affirm the proposed decision of the assessing officer on the PoEM of a foreign company. Hopefully, this will not impinge upon the right to appeal by the foreign company before a judicial forum,” he added.

Now that the final guidelines are out, will the government go ahead with a Controlled Finance Corporation (CFC) structure or not? Says Daksha Baxi, Executive Director, Khaitan & Co: “My personal view is that CFC is a better anti-avoidance provision, less prone to subjectivity and therefore less litigative.” It seems that at least for the current year, where PoEM is applicable, the government wants to ensure that the provision can be properly implemented, she said.

Rahul K Mitra, Head of Transfer Pricing & BEPS, KPMG in India, said: “With guidelines for PoEM out, it looks like they may not be introducing CFC.”

Jiger Saiya, Partner – Direct Tax, BDO India, echoed his thoughts, saying the “government seems inclined towards implementing the PoEM framework rather than introducing an alternative measure.”

Source: http://www.thehindubusinessline.com/economy/cbdt-tightens-screws-on-shell-companies/article9499358.ece

Transfer pricing treaty for investors from cyprus

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The government on Monday afternoon clarified that according to the amended Cyprus treaty, investors need to pay only 10% tax with retrospective effect from November 1, 2013, instead of the 30% tax they have already paid. While bringing in clarity on this matter, a lacunae as far as transfer pricing still remains.

The genesis of the problem lies in 2013. The government had, on November 1, 2013, blacklisted Cyprus as an investment destination through a notification. So, investments made through Cyprus attracted 30% tax (TDS) instead of 10% tax under the original India-Cyprus treaty.

The government had blacklisted Cyprus after the island country had refused to share some data related to investors with India.

The government also said that transfer pricing could also apply on returns given to Cyprus investors by Indian companies.

However, the government later amended the treaty (through a notification on December 14, 2016) after Cyprus agreed to co-operate on sharing investor data. Under the amended treaty, the higher taxation part was rescinded. But the transfer pricing portion still remains unclear.

What led to a cause of worry was the fact that many private equity investors had paid 30% tax between 2013 and 2016 on returns from Indian investments. The government clarification on Monday came as many foreign investors were worried that the 10% tax would not be applicable for the three years between 2013 and 2016. However, following Monday’s clarification, they can now claim refunds from the tax department.

Most of the investors used Cyprus as a pooling vehicle to invest in Indian real estate. Most of the investments were in debt vehicles. In some cases, while the equity investment were made either in listed or unlisted companies through Mauritius or Singapore, debt investments were made through Cyprus.

Transfer pricing conundrum
Transfer pricing is normally only applied in cases where two companies— one an Indian and another multinational— do a merger or acquisition. People close to the development said that some of the transfer pricing adjustments could be made in the coming months. In cases where the tax officers have already gone ahead with the transfer pricing procedures, it may not be possible to undo it, say experts.

Treat for genuine investors, though need for clarity in Tax Rules
This reworked Tax Treaty comes very much after India demonstrated flexibility and lifted the so called sanctions after Cyprus agreed to share information on tax evaders. The reworked tax treaty between India and Cyprus for effective information sharing is also a step towards global cooperation on tax transparency. It will provide relief to genuine investors in Cyprus. But investors loathe uncertainty. The need is for stability and certainty in the tax system, and therefore tax rules must be clear.

Source: http://economictimes.indiatimes.com/articleshow/56073396.cms