Skip to main content

Street cheers end of tax terror

Asense of relief has set in among foreign investors as the government moves all out to eliminate their concerns on taxation. True to his word, finance minister Arun Jaitley has taken definitive steps in the past few days to end a set of things, which came to represent a term he himself had made famous - tax terrorism. After putting the minimum alternate tax ( MAT) devil to rest, the government is planning to end large disputes including those with Cairn India and Shell through executive or judicial resolutions.
Market participants see these as steps in the right direction, which will be beneficial to the economy in the long run. Another encouraging sign seen by tax consultants is that during the course of transfer pricing assessments for the assessment year ( AY) ending March 2012, which are currently under way, no new ‘ hot issues’ have been unearthed by the taxman so far. The adjustment orders for AY2012, are expected between January and March 2016.
Dinesh Thakkar, chairman and managing director, Angel Broking, said: “ Simplification of the tax structure and resolution of these pending issues will definitely create more confidence among foreign investors. With the certainty coming in taxation issues, they would have more confidence about how to build their valuation models.” Thakkar added these changes along with the impact of reducing interest rates would result in re- rating of the valuation of Indian stocks. This would, in turn, lead to higher flows that are beneficial to the economy, he said. “ This government is pro- investors. It realises that to achieve growth rates of 8- 10 per cent, it needs foreign inflows.” UR Bhat, managing director at Dalton Capital advisors (India), said: “ These are steps in the right direction.” The measures undid the damage what Bhat called “ an aggressive interpretation” of the MAT provisions. “ Anyone who knew about taxation knew MAT was introduced primarily for domestic corporations.” However, these steps have raised hopes for more reforms with suggestions to have a wholesome look at the various tax issues in a wholesome manner and have a comprehensive tax policy for foreign portfolio investors (FPIs). Some consultants also suggest a permanent body like Shah panel, which could consider large tax demands before these are raised.
Bhat of Dalton added that as a nation, India still doesn’t have clarity on how to deal with investments from foreign portfolio investors ( FPIs), though “ we have been around for 23 years now”.
Bhat suggested: “ We need to draft a separate tax policy for FPIs. Various issues such as double- taxation avoidance treaty, whether to treat earnings as short- term capital gains or business income, place of residence and transfer pricing need to be addressed in a wholesome manner.” Consultants feel the government’s aim should be how to thrash out issues before demand is raised rather than passing orders, going to court and then doing U- turns. For example, one potential tax issue that could flare in the future is incidence of valueadded tax in e- commerce transactions. Companies such as Amazon argue they are a marketplace and they just bring buyer and seller together. Technically, they are right. But from the government’s perspective, there is an incidence of tax. There seems to be no clarity on how the government would recover this.
Samir Gandhi, partner, Deloitte Haskins & Sells, agreed. Gandhi said, “ Let the industry and investors be part of the tax policy making rather than you do something and then go for redressal. MAT is solved. But the scar remains.” Gandhi felt a permanent body like the A P Shah panel should be formed, which can look into contentious issues even before demand is raised.
Business Standard, New Delhi, 5th Oct. 2015

Comments

Popular posts from this blog

Govt’s gamble on GST cuts: What do the bond and currency markets signal?

  It’s not just humans who suffer from cognitive biases; markets do too. Interestingly, different financial markets exhibit distinct biases, each interpreting events through its own prism of prejudice. Take the recent announcements on GST reforms: equity markets have chosen to view them through the lens of growth, while bond and currency markets are focusing on potential macroeconomic risks—fiscal pressures and current account challenges. So, which lens captures the true pulse?Equity markets may be right in expecting GST reforms to revive consumption, which has remained lacklustre for a while. But the key question remains—will this revival come at the cost of broader macro stability?It is well known that consumption stocks have rallied since the GST rationalisation announcement. But what about bond markets? What signals are they sending since this rejig was announced from the ramparts of the Red Fort?The signs aren't encouraging. Bond prices have slumped and yields have surged sinc...

Luxury carmakers urge clarity on GST rates to boost festive season sales

  A clear picture regarding new GST rates at the earliest will help the overall auto industry, including the luxury car segment, to regain momentum in the ongoing quarter, which generally sees enhanced sales on account of the festive season.The high-powered GST Council, chaired by Finance Minister Nirmala Sitharaman, will meet on September 3-4 to discuss moving to a two-slab taxation.In an interaction with PTI, BMW Group India President and CEO Hardeep Singh Brar said the recent speculation about the change in GST rates has caused uncertainty in the minds of consumers.Consumer interest and demand is strong, but they (prospective buyers) have adopted a wait-and-watch approach, and this delayed decision-making is impacting new vehicle sales at a certain level, he noted."Expediting clarity on GST rates is essential to get back to speed and ensure the auto sector's contribution to economic growth during this quarter is robust," Brar stated.He also hoped that the sustainable p...

Sebi proposes tighter norms for green bond third-party reviewers

  Sebi on Friday said it has proposed to tighten the norms to appoint independent third-party reviewers or certifiers for green debt securities to align them with requirements for other ESG-linked bonds.In a draft circular, Sebi said that the current norms for green bonds, introduced in February 2023, lack detailed requirements around reviewer independence, conflict of interest mitigation, and disclosure standards that are now in place for other ESG-linked securities under a June 2025 circular.The regulator's latest proposal seeks public comments on a revised framework that would bring parity by incorporating comprehensive criteria for third-party certifiers of green bonds on non-convertible securities.Under the proposed norms, issuers of green debt securities will need to appoint reviewers who are independent of their management, directors, and key managerial personnel. These reviewers will be remunerated in a way that prevents any conflicts of interest and possess relevant expert...