Skip to main content

GAAR not to apply on income from investments before April 1

To clear the air on retrospective applicability of the stringent anti- avoidance GAAR rule, the I- T department has said the same will not apply to income from transfer of investments before April 1, 2017.
General Anti- Avoidance Rule ( GAAR), which will kick in from April 1 next year, contains provisions to prospectively tax overseas deals involving local assets and are aimed at minimising tax avoidance and evasion by entities based in tax havens. The amendments carried out in the Income Tax Rules state that Rule 10U( 1)( d) has been amended to provide that GAAR will not apply to income earned/ received by any person from transfer of investments made before April 1, 2017. Earlier, this date was August 30, 2010.
Further, Rule 10U( 2) has been amended to provide that GAAR will apply to any arrangement, irrespective of the date it has been entered into, if tax benefit is obtained on or after April 1, 2017. Earlier, this date was April 1, 2015. The industry has been demanding that GAAR provisions should apply prospectively. Through this amendment to the I- T Rules, the tax department aims to smoothen the procedure for GAAR implementation by removing any inconsistency." The rules make the application of GAAR on income from investments prospective in as much as any investment made prior to April 1, 2017 will stand grandfathered and will be outside the ambit of GAAR. This is a positive step as this will put to rest any controversy whether investments made prior to implementation of GAAR would be affected or not," said Rahul Jain, Partner Nangia & Co. Tax consultancy firm PwC said only income from transfer of investments made prior to April 1, 2017 has been grandfathered.
"Such grandfathering is a welcome step. It should allay some of the concerns with respect to implementation of GAAR provisions and provide certainty to taxpayers," PwC said. The amendment to the GAAR provisions is also in line with the timeline for implementation of the revised India- Mauritius DTAA.
According to the revised treaty, companies routing funds into India through Mauritius after March 31, 2017, will have to pay shortterm capital gains tax at half the rate prevailing during the two- year transition period.
The levy is currently at 15 per cent. The full rate will kick in from April 1, 2019.
Business Standard New Delhi, 27th June 2016

Comments

Popular posts from this blog

New income tax slab and rates for new tax regime FY 2023-24 (AY 2024-25) announced in Budget 2023

  Basic exemption limit has been hiked to Rs.3 lakh from Rs 2.5 currently under the new income tax regime in Budget 2023. Further, the income tax slabs in the new tax regime has been changed. According to the announcement, 5 income tax slabs will be there in FY 2023-24, from 6 income tax slabs currently. A rebate under Section 87A has been enhanced under the new tax regime; from the current income level of Rs.5 lakh to Rs.7 lakh. Thus, individuals opting for the new income tax regime and having an income up to Rs.7 lakh will not pay any taxes   The income tax slabs under the new income tax regime will now be as follows: Rs 0 to Rs 3 lakh - 0% tax rate Rs 3 lakh to 6 lakh - 5% Rs 6 lakh to 9 lakh - 10% Rs 9 lakh to Rs 12 lakh - 15% Rs 12 lakh to Rs 15 lakh - 20% Above Rs 15 lakh - 30%   The revised Income tax slabs under new tax regime for FY 2023-24 (AY 2024-25)   Income tax slabs under new tax regime Income tax rates under new tax regime O to Rs 3 lakh 0 Rs 3 lakh to Rs 6 lakh 5% Rs 6

Jaitley plans to cut MSME tax rate to 25%

Income tax for companies with annual turnover up to ?50 crore has been reduced to 25% from 30% in order to make Micro, Small and Medium Enterprises (MSME) companies more viable and also to encourage firms to migrate to a company format. This move will benefit 96% or 6.67 lakh of the 6.94 lakh companies filing returns of lower taxation and make MSME sector more competitive as compared with large companies. However, bigger firms have shown their disappointment since the proposal for reducing tax rates was to make Indian firms competitive globally and it is the large firms that are competing globally. The Finance Minister foregone revenue estimate of Rs 7,200 crore per annum for this for this measure. Besides, the Finance Minister refrained from removing or reducing Minimum Alternate Tax (MAT), a popular demand from India Inc., but provided a higher period of 15 years for carry forward of future credit claims, instead of the existing 10-year period. “It is not practical to rem

Don't forget to verify your income tax return in August: Here's the process

  An ITR return needs to be verified within 120 days of filing of tax return. Now that you have filed your income tax return, remember to verify it because your return filing process is not complete unless you do so. The CBDT has reduced the time limit of ITR verification to 30 days (from 120 days) from the date of return submission. The new rule is applicable for the returns filed online on or after 1st August 2022. E-verification is the most convenient and instant method for verifying your ITR. However, if you prefer not to e-verify, you have the option to verify it by sending a physical copy of the ITR-V. Taxpayers who filed returns by July 31, 2023 but forget to verify their tax returns, will get the following email from the tax department, as per ClearTax. If your ITR is not verified within 30 days of e-filing, it will be considered invalid, and may be liable to pay a Late Fee. Aadhaar OTP | EVC through bank account | EVC through Demat account | Sending duly signed ITR-V through s