§
CBDT vide Notification [Notification No. 46/2023/F. No.
500/1/2014-APA-II] dated 26.06.2023 provides for tolerance range of one percent
for wholesale trading and three percent in all other cases for assessment year
2023-2024
§
As per Circular 14 of 2019, it was provided that the
non-resident investors making investments in off-shore investment funds, routed
through AIFs, shall not be liable to be taxed in India. In line of the amendment made by Finance
Act 2023 in section 115UB (a special taxation regime prescribed for AIFs)
whereby the definition of investment fund was amended to include the reference
to International Financial Services Centre Authority (Fund Management)
Regulations, 2022 under IFSCA Act, 2019, the Circular No. 12/2023 has clarified
that for the purpose of the above beneficial provision (provided vide Circular
14/2019), the definition of investment fund has been amended to that extent
§ CBDT vide notification
no. 50/2023 dated 17-July-2023 has amended Rule 21AK to include distribution of
income on offshore derivative instruments received by Non-Residents within the
ambit of section 10(4E) of the Income Tax Act, 1961.
§ Non-resident Indians (NRIs) and Overseas Citizenship of India
(OCIs) have raised concerns regarding their PANs becoming inoperative, despite
being exempted from linking PAN with Aadhaar. In view of concern raised, Income
tax department has clarified vide their Twitter handle that they should file a
letter with their Jurisdictional AO informing him/her about the residential
status along with proof for the same so that the PAN records can be updated and
their PAN 's can be met operative again. It is further clarified that return of
income can be filed with inoperative PAN. Only refund due and interest thereon
will not be issued. Also TDS will be applicable at higher rate.
§
An earlier notification ( SO 2672 (E)) allowed a foreign
investor investing in a category I or II AIF in India to not file a return of
income in India provided the tax due on such investments was deducted by the
fund and paid to the government and the investor had no other incomes in India.
This benefit has been extended to AIF funds registered in GIFT IFSC to make it
a more attractive destination for investors
§
ICAI issues exposure draft on amendment to IndAS 12 on income
taxes. It requires disclosure of quantitative and qualitative information on
exposure to PillarTwo in annual reporting period beginning on or after 1 April
2023. This information does not have to reflect all the specific requirements
of the Pillar Two legislation and can be provided in the form of an indicative
range. To the extent information
is not known or reasonably estimable, an entity shall instead disclose a
statement to that effect and disclose information about the entity’s progress
in assessing its exposure. This requirement, coupled with the fact that
more than 50 countries are in different phases of implementing Pillar Two,
would require an Indian in-scope MNE to start analyzing the impact of Pillar
Two now and be prepared to be.
§
The CBDT, Foreign Tax & Tax Research Division has issued
vide F. No. 500/34/2019-FT&TR-III(Pt.)/1 dated July 26, 2023 issued
clarification in respect of Rule 114F (5) of the Income Tax Rules, 1962 (“the
IT Rules”)
§
The CBDT has issued Circular No. 13/2023 dated July 26, 2023
regarding the condonation of delay under clause (b) of sub-section (2) of
section 119 of the Income Tax Act, 1961 (“the IT Act”) for returns of income
claiming deduction under section 80P of IT the Act for various assessment years
from AY 2018-19 to AY 2022-23.
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