CA Online

SC offers relief to MNCs over India outsourcing biz tax The Supreme Court in a recent judgment has ruled that the outsourcing of work to India by multinational companies (MNCs) per se would not give rise to any permanent establishment (PE) in the country and, hence, the global income of these MNCs attributable to this back-office work cannot be taxed in India.The judgment will have repercussions for taxing outsourcing businesses as well as subsidiaries of MNCs. The apex court upheld the ruling of the Delhi High Court and rejected the contention of the revenue department in this regard.The case relates to taxation matters relating to two US-based companies e-Fund Corporation (e-Fund Corp) and e-Fund IT Solutions Group Inc (e-Fund Inc). These companies have paid taxes on their global income in the US. e-Fund Corp is a holding company with almost a 100 per cent stake in IDLX Corporation, another company based in the US. IDLX Corporation holds almost a 100 per cent stake in IDLX Intern

Sebi revises block deal norms Market regulator Securities and Exchange Board of India (Sebi) on Thursday revised the framework for ´block deals´ by providing two separate trading windows of 15 minutes each and increasing the minimum order size to Rs 10 crore.The move is aimed at ensuring confidentiality of the large trades and stable prices for such transactions. The block deal window is provided for buyers and sellers to execute trades foralarge number of shares.Such deals are usually negotiated before their execution.Under the new rules, Sebi would provide two block deal windows —morning and afternoon —of 15 minutes´ duration each. Besides, the regulator has increased the minimum order size for execution of trades in the block deal window to Rs 10 crore.Currently, block deals for shares worth Rs 5 crore through a single transaction is allowed.The decision has been taken as Sebi received suggestions from market participants to review the block deal framework. The final norms have

Govt extends date to claim GST transition credit The government on Thursday extended the deadline by a month till November 30 for businesses to claim credit of transitional stock in the goods and services tax (GST) regime.TRAN1 is to be filed by those businesses that are keen to claim credit for taxes paid before the launch of GST on July 1. The Business Standard, New Delhi, 27th October 2017

Centre proposes to extend Aadhaar linking deadline to those willing to enrol The government proposed extending the deadline for mandatory linking of Aadhaar with bank  accounts and mobile phones from December 31, 2017 to March 31, 2018, but only exclusively  for those who are “willing to enrol for Aadhaar”. A one-page note, with writing on both sides of it, passed on to a Bench led by Chief Justice  of India Dipak Misra on October 25 contained the proposal. Offering the three-month leeway  for the "Aadhaar-willing" citizens, the note however insisted that those already with  Aadhaar will be “required” to sync their Aadhaar numbers with SIM cards, bank accounts, PAN  and “other schemes where Section 7 (Aadhaar Act) notifications have been issued”. The government’s suggestion created such a furore in court that Justice Misra asked the  government to re-think its proposal to make it voluntary for Aadhaar-holders also. The court asked Attorney-General K.K. Venugopal, fo

IGST relief likely for foreign banks  MNCs  The government may be looking to give some respite to foreign banks and multinationals which  are saddled with the additional cost of paying 18% integrated goods and services tax (IGST)  on the services provided to their international offices, said two people close to the  development.  An advisory to this effect may be issued by the tax department in the coming weeks, one of  the persons cited earlier said, requesting not to be named.  “The tax officials realise that this (tax on multinationals) is an unintended consequence,  and this could get resolved in the coming weeks,” the other person said. Under the GST framework, a multinational — especially a foreign bank or infrastructure  company — that has a branch or operation in India, has to pay IGST. Many foreign banks have  already started paying 18% IGST to avoid any litigation. This tax liability has emerged  under the GST framework as it considers services provided by one branc

Sebi restructures expert panel on fair market conduct Regulator Sebi has reorganised its committee on 'fair market conduct' that advises it on measures to improve surveillance of markets and strengthen rules for algo trades. The fair market conduct committee is chaired by former law secretary T K Viswanathan. Besides Viswanathan, the panel consists of 14 members, including top executives of leading  bourses NSE and BSE as well as government representatives. Members of the committee include BSE's Ashishkumar Chauhan; NSE's Vikram Limaye; Anup  Bagchi, Executive Director of ICICI Bank; Kaku Nakhate, country head at Bank of America  Merrill Lynch; KPMG Chairman and CEO Arun Kumar and HDFC Mutual Fund Managing Director  Milind Barve. The Securities and Exchange Board of India (Sebi) had constituted this committee in August  this year. The committee is mandated to suggest measures for improvement in PIT (Prohibition of Insider  Trading) norms, PFTUP (Prohibitio

Govt waives fine for delayed filing of Aug Sep GST returns The government on Tuesday waived penalty on delayed filing of the initial goods and services tax (GST) returns for the months of August and September.“To facilitate taxpayers, late fee on filing of GSTR3B for August and September has been has been waived,” Finance Minister Arun Jaitley tweeted. He said that the late fee, which has been already charged to businesses, will be credited back to taxpayers  accounts.The government had earlier waived late fee for delayed filing of the maiden returns for July under the GST regime.Businesses have been demanding that the government waives penalty for delayed filing of 3B returns.As per the data, 5.58 million GSTR3B returns were filed for July, 5.13 million for August and over 4.2 million for September. The Business Standard, New Delhi, 25th October 2017