MCA Knowledge Centre
India’s POEM – Further clarifications
The Finance Act, 2016 brought in an important amendment. As per this, some foreign companies could be deemed to have their Place of Effective Management (“POEM”) in India and as a consequence, would be deemed to be an Indian tax resident having to pay tax on global income. A POEM for a foreign company would mean a dual tax residency, one in its home country and the other in India. By definition in the Indian tax law, POEM “means a place where key management and commercial decisions that are necessary for the conduct of business of an entity as a whole are, in substance made”. The POEM rules apply from the Financial Year (“FY”) 2016-17.
Hon’ble Supreme Court holds amendment to Section 40(a)(ia) of the Act to be retrospective in nature
In a recent decision, the Hon’ble Supreme Court has upheld a ruling of the Hon’ble Calcutta High Court to the effect that amendment by Finance Act, 2010 to Section 40(a)(ia) of the Income Tax Act, 1961 (“Act”) is retrospective in nature. The judgement has the effect of relaxing the rigours of Section 40(a)(ia) of the Act to some extent. The decision has been rendered in the case of CIT Kolkata X v/s. M/s. Calcutta Export Company.
ITAT holds that Permanent Establishment is not created merely on secondment of employees to Indian subsidiary
Brief facts:
The Assessee is Samsung Electronics Co. Ltd. (“Samsung”) which is a company established in Korea. Principle activity of the company is manufacturing and sales of wide range of electronic items globally. Samsung has a wholly owned subsidiary in India named Samsung India Electronics Private Limited (‘SIEL’). A survey was conducted by the income-tax department at the premises of SIEL. Consequently, a notice u/s 148 of the Act was issued to Samsung for initiating re-assessment proceedings for AY 2004-05 to 2009-10. On the request of Samsung the income-tax department provided the following reasons for issuance of notice u/s 148 of the Act:
CBDT Notifies Cost Inflation Index for FY 2015-16
Cost Inflation Index notified for Financial Year 2015-16
Recently the Central Board of Direct Taxes ( CBDT ) has notified the Cost Inflation Index (CII) for the current financial year (2015-16) at 1081. This index figure is essential for computing long term capital gains on transfer of any long term capital asset.
Sword Global India Private Limited vs ACIT
The Assessee filed its return for AY 2007-08 after claiming deduction u/s 10B.The AO after verification of income filed by the Assessee completed assessment u/s 143(3) and accepted return furnished by the assesssee.The DCIT initiated reassessment u/s 147 by issuing notice u/s 148. The said notice did not state whether necessary sanction was obtained and the reason for reassessment proceedings. On assessee's request reasons for the same was furnished.The Assessee subsequently filed writ petition before Madras HC.
PAN made mandatory in many cases
The Ministry of Finance has, via a Press Release issued on 15th December, amended Rule 114B of the Income Tax Rules, 1962. This amendment will come into effect from 1st January, 2016.The Rule is in relation to quoting of PAN for various specified transactions. This tax alert highlights the amendments.
Payments to non residents - amendments in requirements for furnishing information
The Ministry of Finance has, vide Notification dated 16th December, 2015 amended Rule 37BB of the Income Tax Rules, 1962. This amendment will come into effect from 1st April, 2016. The amendment is in relation to payments made to non-residents. Some of the changes made bring significant relief to business houses as they do away with the requirement of onerous documentation at the time of making payments for various transactions.
New Method for computing the disallowance u/s 14A
The Central Board of Direct Taxes on 2nd June 2016 vide notification number [Notification No. 43/2016] [F.No. 370142/7/2016-TPL] has amended Rule 8D of the Income tax Rules, 1962 which lays down the method of computation of disallowance u/s 14A of the Income tax Act, 1961.
Service Tax on Construction and selling of residential flats
Recently, the Delhi High Court in a landmark judgement in the case of Suresh Kumar Bansal Vs UOT [2016] 70 taxmann.com 55 (Delhi) has held that service tax cannot be levied on construction of residential complex service. In an interesting decision, the Court has upheld the levy of the tax but has but quashed the tax as there was no statutory measure to ascertain the value of services involved in this composite contract which involved sale of undivided share of land.
