Skip to main content

Don’t pursue MAT cases against FIIs: CBDT to field staff

The Central Board of Direct Taxes (CBDT) has issued instructions to field officers not to raise any fresh demand and keep in abeyance the notices sent to foreign institutional investors ( FIIs) on minimum alternate tax ( MAT) “ for the time being”. This follows the government accepting the A P Shah panel’s recommendation of doing away with MAT cases against FIIs prior to April 1 this year.

The Budget has already announced there will not be any MAT on FIIs.

As such, there will not be any follow- up action on the 68 notices sent to FIIs on past MAT cases, with a combined tax dispute amount of Rs.603 crore. Also, there won’t be any further notices in this regard.

The potential tax liability of all past MAT cases on FIIs was pegged at Rs.40,000 crore by the finance ministry.

The CBDT’s directive does away with uncertainty in this regard between now and the day when amendments to the I- T Act are carried out, based on the Shah panel’s report. The government hopes to table the amendments in the winter session of Parliament.

The CBDT has asked officers to take note of the fact that it has been decided to carry out appropriate amendments to the income tax Act “so as to prescribe that MAT provisions will not be applicable to FIIs or foreign portfolio investors ( FPIs) not having a place of business/ permanent establishment in India for the period prior to April 1, 2015.

“Accordingly, the field authorities are advised to take into consideration the above position and keep in abeyance, for the time being, the pending assessment proceedings in cases of FIIs/ FPIs. They are further advised not to pursue the recovery of outstanding demands, if any, in such cases.” On Tuesday, Finance Minister Arun Jaitley had said the government had accepted the recommendations of the Shah panel, set up to study the issue of MAT on FIIs, adding the income tax Act would be amended to clarify foreign funds won’t be subject to MAT.

The A P Shah panel sought the government either ask the CBDT to issue a circular that MAT wasn’t applicable to FIIs and FPIs prior to April 1 2015 or amend the relevant section of the I- T Act.

“FIIs are mostly open- ended investment funds, which permit their investors to enter and exit daily, based on the NAV ( net asset value) of the fund, unanticipated tax liability (or the fear thereof) relating to previous years, which would have to be borne by the current investors, maybe asufficient trigger for the investors


There will not be any follow- up action on the 68 notices sent to FIIs on past MAT cases, with a combined tax dispute amount of Rs.603 crore.

Business Standard, New Delhi, 04 September 2015

Comments

Popular posts from this blog

Data storage norm splits digital payments industry

Data storage norm splits digital payments industry  India’s nascent digital payment industry could be thrown into disarray due to the demand by the Reserve Bank of India (RBI) that all user data be stored within the country, fears an industry grouping, which has termed the decision as “heavy-handed”, even as others, including the country’s largest digital payment provider Paytm, have hailed the move.  In a bid to narrow the growing schism, the industry is planning to send a formal representation to the regulator highlighting its concerns, a top official told ET.  “We are trying to build a consensus on the issue," said the person adding that the representation to the central bank will be ready this week.  RBI on April 6, mandated all payment companies—global and local—to set up data storage facilities within India by October. The stringent six-month deadline has attracted the ire of several sections of the industry that fear it will lead to a disruption of wel...

Offer’s for all of you

Great Bumper Dhamaka Offer’s for all of you... It's Time to see your Business Online, WebeCreator Offer Website Designing with domain & Email @ nominal charges. For a year For More information visit us http://goo.gl/KlpppF call on 9890151261/9773197533  drop a mail to sales@webecreator.com

Sebi to finalise options in commodities today

The Commodity Derivatives Advisory Committee of the Securities and Exchange Board of India ( Sebi) will meet on Friday with senior officials of the latter, to give a final shape to the rules on options trading in commodity futures, beside revising the warehousing norms to ensure good delivery on settlement. The decision taken, after discussing with the advisory committee, will be placed before the regulator’s board, to finalise the regulations. According to knowledgeable sources, three commodities in each segment, agricultural and non- agricultural, have been proposed for introducing options. It appears commodities from the soya and guar segments are preferred in the former. From the non- agri segment, it is likely that gold, silver and crude oil will be finalised. All these These have better liquidity and both the National Commodity and Derivatives Exchange and the Multi Commodity Exchange, respectively, will be able to introduce the options. In the equity segments, options ar...