Skip to main content

Ambiguous Black Money Rules Rile CAs & Assessees


Accountants to raise concerns with finmin & CBDT as taxpayers await clarity on law
New Delhi is slowly coming under pressure to remove the anomalies in black money rules as more and more people ask for a realistic law that would encourage disclosure of foreign assets and not unleash a reign of tax terror.
Members of the apex body of accounting professionals, the Institute of Chartered Accountants of India, will discuss with senior officials of the finance ministry and Central Board of Direct Taxes this week to spell out the ambiguities; senior tax professionals have written to the designated commissioner, pointing out issues that require clarification, while the Confederation of Indian Industry is preparing its views that will be soon submitted to the government.
“There are practical problems...We have requested the revenue secretary and CBDT chief to participate in a workshop in Delhi where the issues will be raised.After this, we will make a written submission and also hold a meeting in Mumbai,“ ICAI President Manoj Fadnis told ET. Four senior chartered accountants ET spoke to said several individuals are keen to take advantage of the one-time compliance window, declare their undisclosed foreign assets and come clean by paying 60% of the amount as tax and penalty, but the government has to clear the fog on matters that are holding back assessees.
The subject concerns hundreds of wellheeled individuals with different backgrounds -diamond merchants, top multinational executives, Bollywood personalities, professionals, builders as well as members of old business houses.
Dilip Lakhani, a senior chartered accountant who was among the first to write to CBDT about the ambiguities, said, “Let me give you an actual case. A senior MNC officer, who received a bonus of $1 million, invested $300,000 out of the bonus amount to subscribe to ESOPs (employee stock option plan). This was never disclosed. Now, he wants to disclose this. His investment of $300,000 is today worth $2 million. According to the rules, he has to pay 60% on the $1 million bonus as well as pay 60% on the $2 million value of the stock. Now, if he is not allowed a deduction of $300,000, it would amount to double taxation.“
According to Nihar Jambusaria, who heads ICAI's committee on international taxation, among the questions that remain unanswered are: valuation (on which 60% is to be paid) of unlisted equity shares is complex as assessees will have to find out the fair market value (FMV) of all the assets that the investee company holds; while the rules provide that FMV of a foreign bank account shall be the sum of all the deposits made in the bank since the date of opening of the account, statements beyond past 10 years are normally not available with banks; properties acquired abroad, as per the rules, will be taxed on the basis of a report of a valuer who is recognised by the particular foreign government -here, clarification is required regarding the evidence the assessee will have to produce to prove that the valuer is indeed recognised by that foreign government. Also, three months is too short a time to complete valuation.
Black money law gives no immunity to entities (that declare foreign assets) from indirect tax authorities. Some of the manufacturing companies and partnership firms which had declared undisclosed assets under the Voluntary Disclosure of Income Scheme of 1997 later received notices from excise authorities, recalls Lakhani.
Also, there are people who are looking for immunity of a different kind: these individuals fear relatives and partners, with whom there are ongoing disputes, could lay claim on wealth that is now declared.They are reluctant to reveal hidden assets till the government assures the information shared on foreign assets cannot be used by anyone as evidence in court of law.
The Economic Times, New Delhi, 10th August 2015 

Comments

Popular posts from this blog

Credit card spending growth declines on RBI gaze, stress build-up

  Credit card spends have further slowed down to 16.6 per cent in the current financial year (FY25), following the Reserve Bank of India’s tightening of unsecured lending norms and rising delinquencies, and increased stress in the portfolio.Typically, during the festival season (September–December), credit card spends peak as several credit card-issuing banks offer discounts and cashbacks on e-commerce and other platforms. This is a reversal of trend in the past three financial years stretching to FY21 due to RBI’s restrictions.In the previous financial year (FY24), credit card spends rose by 27.8 per cent, but were low compared to FY23 which surged by 47.5 per cent. In FY22, the spending increased 54.1 per cent, according to data compiled by Macquarie Research.ICICI Bank recorded 4.4 per cent gross credit losses in its FY24 credit card portfolio as against 3.2 per cent year-on-year. SBI Cards’ credit losses in the segment stood at 7.4 per cent in FY24 and 6.2 per cent in FY23, the...

SFBs should be vigilant, proactive to mitigate risks: RBI deputy guv

  The Reserve Bank of India’s Deputy Governor Swaminathan J on Friday instructed the directors of small finance banks (SFBs) to be vigilant and proactive in identifying emerging risks in the sector.Speaking at a conference for directors on the boards of SFBs, Swaminathan highlighted the role of governance in guiding SFBs towards sustainable growth with stability. He also emphasised the importance of sustainable business models.Additionally, he highlighted the need for strengthening cybersecurity to protect the entities against digital threats and urged for a stronger focus on financial inclusion, customer service, and grievance redressal to ensure a broader reach of banking services.Executive Directors S C Murmu, Rohit Jain, and R L K Rao, along with other senior officials representing the Supervision, Regulation, and Enforcement Departments of the RBI, also participated in the conference.   -  Business Standard  30 th  September, 2024

Brigade Hotel Ventures files draft papers with Sebi for Rs 900 crore IPO

  Brigade Hotel Ventures Ltd, owner and developer of hotels in South India, has filed draft papers with capital markets regulator Sebi to raise Rs 900 crore through an initial public offering (IPO).The proposed IPO is entirely a fresh issue of equity shares with no Offer-for-Sale (OFS) component, according to the draft red herring prospectus (DRHP).Proceeds from the issue to the tune of Rs 481 crore will go towards payment of debt, Rs 412 crore will be allocated to the company and Rs 69 crore to its material subsidiary, SRP Prosperita Hotel Ventures Ltd.Additionally, Rs 107.52 crore will be used to purchase an undivided share of land from the Promoter, BEL, and the remaining funds will support acquisitions, other strategic initiatives, and general corporate purposes.The company may raise up to Rs 180 crore through a Pre-IPO Placement.   If the placement is undertaken, the issue size will be reduced.Brigade Hotel Ventures Ltd is a wholly-owned subsidiary of Brigade Enterprises ...