fbpx
Subscribe

Research

About DVS Research Foundation

DVS Research Foundation (DRF) is the CSR initiative of DVS Advisors LLP. DRF was set up as a virtual foundation for intellectual interactions and has more than 1600 members from 20+ countries. Our members span across diverse professional backgrounds including Academicians, Chartered Accountants, Lawyers, Bankers, Business owners (across sizes), Bureaucrats and Public representatives. Since inception we have conducted more than 300 programs on topics from Constitution, Economy, Taxation, Banking, Legal, Public policy and Global finance to name a few.

Eminent Panelists

Webinars


Publications


Articles & Write-Ups

India Budget Series

RATIONALIZATION OF TAX DEDUCTION AT SOURCE (TDS) PROVISIONS

The provision of withholding requires every person who is responsible for payment of anyspecified sum to any person shall deduct tax at source at the prescribed rate and deposit it with the Central Government within specified time if the sum exceeds the prescribed amount.

In order to rationalise the rates and base for TDS provisions, the existing threshold limit for deduction of tax at source and the rates of deduction of tax at source are proposed to be revised as mentioned in following tables respectively

INCREASE IN THRESHOLD LIMIT OF DEDUCTION OF TAX AT SOURCE ON VARIOUS PAYMENTS MENTIONED IN THE RELEVANT SECTIONS OF THE ACT

Present Section

Heads Existing Threshold Limit (Rs.)

Proposed Threshold Limit(Rs.)

192A Payment of accumulated balance due to an employee 30,000 50,000
194BB Winnings from Horse Race 5,000 10,000
194C Payments to Contractors Aggregate annual limit of 75,000 Aggregate annual limit of 1,00,000
194LA Payment of Compensation on acquisition of certain Immovable Property 2,00,000 2,50,000
194D Insurance commission 20,000 15,000
194G Commission on sale of lottery tickets 1,000 15,000
194H Commission or brokerage 5,000 15,000

 

REVISION IN RATES OF DEDUCTION OF TAX AT SOURCE ON VARIOUS PAYMENTS MENTIONED IN THE RELEVANT SECTIONS OF THE ACT:

Present Section

Heads Existing Rate of TDS (%)

Proposed Rate of TDS (%)

 

194DA

Payment in respect of Life Insurance Policy 2% 1%
 

194EE

Payments in respect of NSS Deposits 20% 10%
 

194D

Insurance commission Rate in force

(10%)

5%
 

194G

Commission on sale of lottery tickets 10% 5%
194H Commission or brokerage 10% 5%

CERTAIN NON-OPERATIONAL PROVISIONS TO BE OMITTED, WHICH ARE AS FOLLOWS:

Present Section Heads Proposal
194K Income in respect of Units To be omitted w.e.f 01.06.2016
194L Payment of Compensation on acquisition of Capital Asset To be omitted w.e.f 01.06.2016

These amendments will take effect from 1st June, 2016.

India Budget Series

RATIONALISATION OF TAXATION OF DIVIDENDS

Currently under Section 10(34), any dividend, on which Dividend Distribution Tax is paid by the Company under Section 1150, are exempt in the hands of the recipient.

It is proposed to tax the dividends received from the domestic company by individual, HUF or Firm, who are resident in India. The dividends received by individual, HUF or Firm, who are resident in India from the domestic company, shall be taxed at the rate of 10% in excess of Rs. 10 lakhs.

However, it shall be noted that no deduction in respect of any expenditure or set off of any loss would be allowed in computing such dividends in the hands of recipients.

For example, if the total dividend received by a resident Individual is Rs 15 lakhs, tax shall be levied only on Rs 5 lakhs i.e. dividends in excess of Rs 10 lakhs

These amendments are proposed to be made effective from the 1st day of April, 2017 and shall accordingly apply in relation to assessment year 2017-18 and subsequent years.

 

India Budget Series

RATIONALISATION OF TAX DEDUCTION AT SOURCE PROVISIONS RELATING TO PAYMENTS BY CATEGORY-I AND CATEGORY-II ALTERNATE INVESTMENT FUNDS TO ITS INVESTORS

As per the existing provisions of Section 194LBB, any payment made by Category-I and Category-II Alternate Investment Funds to its investors shall be subject to mandatory TDS at the rate of 10%. No distinction is made on account of residential status of investor at the time of deduction of TDS. Further, Section 197 does not include Section 194LBB in the list of sections for which an application can be made for lower or no withholding of TDS

-It is proposed to amend Section 194LBB to provide that deduction of TDS in case of resident investor shall be at the rate of 10% and it shall be at rates in force for non-resident investors. By virtue of this amendment, the non-residents shall be in a position to claim the benefit of lower or no TDS envisaged in relevant DTAA.

– Further, it is proposed to amend Section 197 to include Section 194LBB in the list of sections for which the application of lower or no withholding of tax can be made and a certificate can be obtained thereon.

– Consequential amendments are proposed to be made in definition of “rates in force” to accommodate Section 194LLB.

These amendments will take effect from 1st June, 2016.

India Budget Series

EXEMPTION FROM FURNISHING PAN TO CERTAIN NON-RESIDENTS

The existing provision of Section 206AA provides that any person entitled to receive any sum or income or an amount on which tax is deductible under Chapter XIIB shall furnish PAN to the deductor, failing which tax shall be deducted at calculated higher rate. The said provision is also applicable to non – residents except for payment of interest on long-term bonds as referred under Section 194LC.

It is proposed to amend this Section so as to provide that provisions of this Section shall not be applicable to non residents, in respect of payments other than above mentioned interest on bonds, if an alternative acceptable proof is provided.

It shall be noted that the Government is yet to notify the alternate acceptable proofs in this regard.

This amendment will take effect from 1st June, 2016.

 

India Budget Series

TAX COLLECTION AT SOURCE ON SALE OF MOTOR VEHICLES, GOODS & SERVICES

With a view to reduce the cash transactions and to bring high value transactions under tax net, it is proposed to provide for collection of tax at source at the rate of 1%:

-on sale of motor vehicle exceeding Rs.10 lakhs irrespective of the payment mode

-sale of any goods and services over and above Rs. 2 lacs for which payment is being made in cash, however, subject to the following:

– Provision shall not apply to transactions on which TDS is being deducted.

– TCS need not be collected from certain notified buyers

The amendment is effective from 1st June 2016

 

India Budget Series

NEW TAXATION REGIME FOR SECURITISATION TRUST AND ITS INVESTORS

Sections 115TA to 115TC lay down a special taxation regime for in respect of income of securitisation trusts and its investors.

It is proposed to make the following amendments in the current tax regime:-

– The new regime shall apply to securitisation trust being an SPV defined as per regulations of SEBI or SPV as defined in the guidelines on securitisation of standard assets issued by RBI or securitisation or reconstruction company in accordance with SARFAESI Act

– Any income received by investor from securitisation trust shall be taxable. Further, income accrued or received by securitisation trust shall be taxable in the hands of investors in the same manner and extent assuming the investment in the underlying asset is made directly by the investor and not through trust. Further, if income is not paid on the last day of the previous year by the trust to the investors, it shall be deemed to be paid in the same proportion in which investor would have been entitled to receive the income had it been paid in the previous year.

– Any income, included in the hands of investors, on account of accrual or arisen in a previous year, shall not be charged to tax inthe year when the securitisation trust actually pays to the investor

– The rates for tax deduction at source by securitisation trust shall be as follows:-

Type of Investor Rate of TDS
Resident Individual and Resident HUF 25%
Resident person other than individual and HUF 30%
Non resident investors Rates in force

The facility to obtain low or nil deduction of tax certificate shall be available for the investors

The trust shall provide breakup regarding nature and proportion of its income to the investors and also to the prescribed income-tax authority

The current regime of distribution tax shall cease to apply in case of distributions made by securitisation trusts with effect from 01.06.2016

These amendments will take effect from 1st June, 2016

Tax Advisory and Litigation, Articles, Income Tax

THE DIRECT TAX DISPUTE RESOLUTION SCHEME, 2016

With a view to reduce the huge backlog of cases pending in courts, tribunal, arbitration and to enable the Government to realise its dues expeditiously, a one-time settlement scheme, known as Direct Tax Dispute Resolution Scheme, is proposed to be introduced in relation to tax arrears and specified tax.

SALIENT FEATURES OF THE SCHEME

-The Scheme shall be applicable to tax, interest or penalty determined under the Income-tax Act or the Wealth-tax Act, 1957 in respect of which appeal is pending before the Commissioner of Income-tax (Appeals) or the Commissioner of Wealth-tax (Appeals) as on 29.02.2016. The pending appeal could be against an assessment order or a penalty order.

-The declarant under the Scheme shall be required to pay tax along with interest up to the date of assessment. Further, if the disputed tax exceeds Rs.10 lakhs, 25% of penalty leviable shall also be paid

-In case of appeal pending against penalty order, 25% of the minimum penalty leviable shall be payable along with tax and interest

WORKING OF THE SCHEME

– A person can also make declaration in respect of any tax determined on account of retrospective amendment, for a period prior to the date of enactment of such amendment and dispute of which is pending as on 29.02.2016

– Once the declaration is made, appeal pending before Commissioner (Appeals) shall be deemed to be withdrawn

– If an assessee opts for this Scheme, he shall withdraw any appeals or writ petitions filed with Tribunal or Courts before making such declaration and furnish proof of withdrawal. Further, notices given by declarant and claims made pursuant to any agreement entered by India, shall be required to be withdrawn to entail benefits of this Scheme.

– An undertaking has to be given by declarant of waiving the right of any remedy or claim under any law or pursuant to any agreement entered by India

– The specified tax and the related matters mentioned in the declaration shall not be taken up by any authorities for the purpose of resolving or deciding on issue

– In case the declarant violates any provisions or conditions mentioned in this Scheme or provides any false particulars at the time of declaration, it shall be presumed that the said declaration was never made and the consequences, of pending proceedings under Income Tax Act or Wealth Tax Act pursuant to declaration, shall be deemed to have been revived

BENEFITS OF THE SCHEME

– Immunity from prosecution of any offence under the Income-tax Act or the Wealth-tax Act, subject to specified conditions

– Immunity from imposition of penalty in case of specified tax, subject to specified conditions. However, in case of tax arrears, immunity from penalty shall be of the amount exceeding the penalty payable as per the Scheme

– Waiver of interest in respect of specified tax, subject to specified conditions. However, in case of tax arrears, the waiver shall be of the amount exceeding the interest payable as per the Scheme

– Matter covered by order of designated authority shall not be reopened in any other proceeding

– Benefits under this Scheme shall be restricted to proceedings mentioned in the Scheme

CASES NOT COVERED UNDER THE SCHEME:-

-Cases where prosecution has been initiated before 29.02.2016.

– Search or survey cases where the declaration is in respect of tax arrears.

– Cases relating to undisclosed foreign income and assets.

– Cases based on information received under DTAA where the declaration is in respect of tax arrears.

– Person notified under Special Courts Act, 1992.

– Cases covered under Narcotic Drugs and Psychotropic Substances Act, Indian Penal Code, Prevention of Corruption Act or Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974

PROCESS OF THE SCHEME

-A declaration shall be made to designated authority not below Commissioner in form and manner as may be prescribed

– The designated authority shall confirm the amount payable within 60 days from receipt of application

– The declarant shall pay the amount confirmed by the designated authority within 30 days from the day of determination of amount by the designated authority

– Amount paid under the Scheme shall not be refundable

SMOOTH FUNCTIONING OF THE SCHEME

– Central Government shall be vested with powers to make rules and administer the working of Scheme and it shall issue directions or orders to concerned persons for execution of the Scheme

– In case of any difficulty arising in relation to Scheme, the Central Government, through an order, may remove such difficulty; however, no such orders shall be passed after the expiry of 2 years from the date on which the Scheme comes into force. The order shall be required to be laid down before each House of Parliament.

– Further, any rules made by Central Government, for the purpose of Scheme, shall be laid down before each House of Parliament

The Scheme is a welcome move and it will be interesting to see how many assessees turn up and seek for declaration in order to buy peace from the harsh probable consequences.

India Budget Series

THE INCOME DECLARATION SCHEME

It is proposed to insert a new chapter to The Income Tax Act, 1961 with the intention of providing a chance to persons who have undisclosed income, to voluntarily come forward, disclose the income, pay prescribed taxes with applicable penalties and get relieved

The Scheme shall be effective from 01.06.2016 upto the date notified by the Central Government.

Applicability of Scheme

Undisclosed income of any financial year upto AY 2016-17

PROPOSALS OF THE SCHEME

Tax, surcharge and penalty, as envisaged in the Scheme, shall be paid on or before the date notified by the Central Government. Failure to make such payment shall render declaration void under this Scheme.

Declaration made under the Scheme by misrepresentation or suppression of facts, shall be consider as void

Tax and Penalty

The extent of tax and penalty proposed is tabulated below:

 

Levy Rate Effective Tax on Income
Tax 30% 30%
Surcharge (Krishi Kalyan Cess) 25% of 30% 7.50%
Penalty 25% of 30% 7.50%
Total 45%

 

Benefits of this Scheme shall not be available to any person other than the person who has given the declaration

If an assessee has declared income under this Scheme, however, has not pay the relevant tax and penalty, the undisclosed income shall be chargeable to tax in the year of declaration

In case any income has been accrued or arisen or received or any asset has been acquired out of such income prior to commencement of this Scheme and further such income has not been declared pursuant to this Scheme, such income shall be deemed to have been accrued, arisen or received or such asset shall be deemed to have been acquired in the year in which notice under Section 142, 143 (2), Section 148, Section 153A or Section 153C is issued and relevant provisions shall apply accordingly. This is explained with the help of a simple example:

Let us assume this Scheme is open from 01.06.2016 to 31.03.2018.

Undisclosed income pertaining to the year 2013 is Rs.1 crore and the same has not been declared by assessee.

Suppose a scrutiny notice under Section 143(2) has been received on 01.06.2017 by the assessee, then the relevant provisions of Income Tax shall apply for A Y 2018-19 and the assessee cannot take shelter under this Scheme for that year.

CASES NOT ELIGIBLE FOR THE SCHEME

– Where notice is issued u/s.142(1), 143(2), 148, 153A, 153C, or

– Where search or survey has been conducted and time period for issue of notice has not been expired, or

– Where information is received under an agreement with foreign countries regarding such undisclosed income, or

– Cases covered under The Black Money Act, 2015, or

– Persons notified under The Special Court Act, 1992, or

– Cases covered under Indian Penal Code, the Narcotic Drugs and Psychotropic Substances Act, 1985, the Unlawful Activities (Prevention) Act, 1967, the Prevention of Corruption Act, 1988.

BENEFITS OF DECLARATION

-Declarations made under this Scheme shall be exempt from wealth tax in respect of assets declared

– No scrutiny and enquiry under The Income Tax Act and The Wealth Tax Act

– Immunity from prosecutions under The Income Tax Act and The Wealth Tax Act

– Immunity from The Benami Transactions (Prohibition) Act, 1988 if the asset in the name of the Benamidar is transferred to the assessee or his legal representative within the tenure specified by the Central Government.

MEASURES FOR SMOOTH WORKING OF SCHEME

It is proposed that in case any practical difficulty is observed in working of Scheme, the Central Government may, by an order, remove such difficulty, although not after 2 years from the date of applicability of this Scheme and such order shall be laid down before each House of Parliament

The Central Board of Direct Taxes (CBDT) shall, under the direction of the Central Government, be empowered to make rules under this Scheme and such rules shall be laid down before each House of Parliament

 

India Budget Series

EQUALISATION LEVY

The Finance Act, 2016 proposes to provide for an equalization levy of 6% of the amount of consideration for any specific service, received or receivable by a person, being non-resident, not having permanent establishment in India, from

– A person resident in India and carrying on business or profession or

– A non-resident having a permanent Establishment in India

However, such levy shall not be made

– If the service provider has a permanent establishment in India and these services are effectively connected with the permanent establishment

– If the aggregate amount of consideration from such specified services does not exceeds Rs. 1 lakh.

– If the payment is not for the purpose of carrying out business or profession

The provisions of Equalisation Levy shall not apply to the state of Jammu & Kashmir.

Specified Service means:

– online advertisement,

– any provision for digital advertising space or

– any other facility or service for the purpose of online advertisement and

– includes any other service as may be notified by the Central Government in this behalf

Note:

-income arising from providing specified services on which equalisation levy is chargeable is exempt from income tax

– Failure to deduct and deposit the equalisation levy shall lead to disallowance of expenditure (similar to Section 40(a)(ia))

– Where the equalisation levy is paid after the due date of filing returns, corresponding expenditure shall be allowed as deduction only for the previous year in which it was paid.

The provision seems to be a back door mechanism to tax online ads and other possible expenses paid/payable overseas on which TDS cannot be deducted owing to both domestic and DTAA restrictions. Possible expenses like ISP services, server charges and many more could well find their way under this clause in future. This seems to be a concerted effort to prevent base erosion.

 

India Budget Series

LIBERALISATION OF FDI LIMITS

-100% FDI shall be allowed in Asset Reconstruction Companies (‘ARC’s’) through automatic route. Corresponding amendments to the SARFESI Act have been proposed.

-Foreign portfolio investors (‘FPIs’) shall be allowed up to 100 per cent of each tranche in securities receipts issued by ARC’s subject to sectoral caps.

-FDI cap in Insurance sector was increased from 26% to 49% in November 2015. In the insurance and pension sectors, the government announced that foreign investment shall be allowed through automatic route for up to 49 per cent subject to the guidelines on Indian management and control, to be verified by the regulators.

-100% FDI, with clearance from the Foreign Investment Promotion Board (‘FIPB’), shall be allowed in marketing of food products produced and manufactured in India.

-Investment limit for foreign entities in Indian stock exchanges shall be increased from 5% to 15% subject to guidelines to be issued by SEBI.

-It is also proposed to provide residential status to foreign investors with investments beyond specified limits, which will go beyond 5 year visas. This is being done to reduce the compliance burden.

-It is further proposed to introduce a Centre-State Investment Agreement. This proposal is in the light of the International Bilateral Investment Treaties signed by India with other countries. Implementation and ratification of the obligations under these treaties would be facilitated by the ‘Centre-State investment agreement’. Further, it will also ensure equal participation of the States and will provide additional impetus to foreign investments.

-Existing 24% limit for investment by FPIs in Central Public Sector Enterprises, other than Banks, listed in stock exchanges, shall be increased to 49%.

 

 

1 2 39 40 41 42 43 44
Categories

Subscribe here for our 

Monthly Newsletter

Follow us here : 

Privacy Settings
We use cookies to enhance your experience while using our website. If you are using our Services via a browser you can restrict, block or remove cookies through your web browser settings. We also use content and scripts from third parties that may use tracking technologies. You can selectively provide your consent below to allow such third party embeds. For complete information about the cookies we use, data we collect and how we process them, please check our Privacy Policy
Youtube
Consent to display content from Youtube
Vimeo
Consent to display content from Vimeo
Google Maps
Consent to display content from Google
Spotify
Consent to display content from Spotify
Sound Cloud
Consent to display content from Sound
SUBSCRIBE