India: CBDT publishes rules for CbC reporting and Master File rule
On 1 November 2017, the Central Board of Direct Taxes (CBDT) has notified rules in respect of Country-by-Country reporting and furnishing of Master File. The significant features of the Country-By-Country Report and Master File rules are: The
See MoreIndia: HC declares anti-tobacco Act ultra vires
On 27 October 2017, the Gauhati High Court in a crucial judgment, declared the existing anti-tobacco law in the State as ultra vires. The Court of Justice Ujjal Bhuyan and Paran Phukan struck down the Assam Health (prohibition of manufacturing,
See MoreIndia: CBDT publishes the Final Rules for CbC reporting and the furnishing of the master file
On 31 October 2017, the Central Board of Direct Taxes (CBDT) published the Final Rules for country by country (CbC) reporting and the furnishing of the master file. The Final Rule contain a few administrative changes and clarifications. However, the
See MoreIndia: Clarification guidelines for establishing place of effective management
The Central Board of Direct Taxes recently issued a circular (No. 25 of 2017) on 23 October 2017. This circular clarifies that, as long as the regional headquarter operates for subsidiaries/group companies in a region, within the general and
See MoreIndia extends due date for filing of CbC report for the accounting year 2016-17 to 31.03.2018
On 25 October 2017, the Central Board of Direct Taxes (CBDT) has issued Circular No. 26/2017 of 25 October 2017 stated that it will extend the due date for multinationals to furnish a country-by-country (CbC) report for the accounting year 2016-17
See MoreIndia: CBDT signs two new APAs
On 6 October 2017, the Ministry of Finance issued a press release announcing that the Central Board of Direct Taxes (CBDT) has signed two more advance pricing agreements (APAs) in September 2017 with Indian taxpayers. These two latest APAs relate to
See MoreIndia: CBDT releases CbC reporting and Master file documentation rules for public comment
The Central Board of Direct Taxes (CBDT) published a draft guideline for framing Rules in respect of Country-by-Country reporting and furnishing of master file on 6 October 2017. The comments and suggestions on the draft rules can be submitted by 16
See MoreKazakhstan: Lower House Approves pending protocol to DTA with India
The Lower House of Parliament approved the pending protocol to the 1996 income tax treaty on September 6, 2017 with India for avoiding double taxation. This protocol was signed on January 6, 2017 and includes several amendments, including changes
See MoreIndia: Protocol amending DTA with New Zealand enters into force
On 7 September 2017, the amending protocol of Double Taxation Agreement (DTA) between India and New Zealand was entered into force and it was applied from 7 September
See MoreIndia: Government extends deadline for Income Tax returns and audit reports
The government on 31 August 2017, extended the deadline for all Income Tax returns and audit reports till 31 October 2017, for all taxpayers who were liable to file returns by 30 September 2017. “The ‘due-date’ for filing Income Tax Returns
See MoreIndia: Research & Development expenditure qualified for deduction prior to approval
The Delhi High Court in the case of Maruti Suzuki India Ltd v. Union of India & Anr (W.P. (C) 9306/2015, dated 4 August 2017) held that Research & Development (R&D) expenditure acquired in earlier years is eligible for weighted deduction
See MoreIndia: Government imposes 10% customs duty on imported mobile phones
The government of India on 1 July 2017, has imposed 10% basic customs duty on mobile phones and parts like charger, headsets, battery and USB cable to boost domestic manufacturing. The 10% customs duty will be levied on imported cellular mobile
See MoreIndia: Multilateral Competent Authority Agreement on Exchange of CbC reports enters into force
The Ministry of Finance on 28 July 2017 has issued a Notification (No. 75/2017), which announces that the Multilateral Competent Authority Agreement on the Exchange of Country-by-Country (CbC) Reports entered into force for India on 12 May 2016 and
See MoreIndia: Tribunal decision on foreign exchange fluctuation gain or loss and arm’s length pricing
The Income-tax Appellate Tribunal in the case of ACIT v. Rajratna Metal Industries Ltd. held that a foreign exchange fluctuation gain/loss is an operating item and is not to be excluded for the purpose of computing the arm’s length price
See MoreIndia introduces CbC reporting requirements
India has included a country-by-country (CbC) reporting requirement in section 286 of the Indian Income-tax Act, 1961, with effect from the financial year 2016-2017. The requirements are principally in line with BEPS Action 13. The first round of
See MoreIndia: CBDT issues final rules for valuation of unquoted shares
The Central Board of Direct Taxes (CBDT) on 12 July 2017 has issued a notification prescribing the method for valuation of unquoted shares for the purposes of Section 56(2)(x) and Section 50CA of the Income-tax Act 1961. The rules will be effective
See MoreIndia: Physical presence in the source state is not necessary to constitute a service PE
A recent decision of the Bengaluru Bench of the Income-tax Appellate Tribunal (Tribunal) in the case of: ABB FZ-LLC v. DCIT [ITA(TP) No. 1103/Bang/2013, assessed the India-UAE (United Arab Emirates) Double Taxation Avoidance Agreement (tax treaty)
See MoreIndia: Government removes additional excise duty on tobacco, cigarettes under GST
After the GST implementation in India, the finance ministry has removed an additional excise duty on tobacco, pan masala and cigarettes with effect from 1 July 2017. The revenue department also withdraws the central excise notification dated
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