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Amend Section 10(13) to exempt commuted value received by an employee from superannuation corpus: ICAI
Issue/JustificationSection 10(10AA) provides for exemption for payment received as cash equivalent of leave salary in respect of earned leave period at the time of retirement whether superannuation or...
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CBDT enters 3 more APAs during the month of December, 2017
Press Information Bureau Government of India Ministry of Finance 29-December-2017 16:57 IST Central Board of Direct Taxes (CBDT) enters into three more Advance Pricing Agreements (APAs) during the mon...
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Charitable purpose- Substitute proviso to Section 2(15) with new proviso- ICAI
Section 2(15) – Substitution of existing provisos with new proviso requiring satisfaction of two new conditions for qualifying as a “charitable purpose” Issue/Justification The proviso to Section 2(15...
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Section 2(15): Define Term Yoga to confine its scope & prevent abuse: ICAI
Issue/Justification The definition of “charitable purpose” under section 2(15) has been amended to include ‘Yoga’ as a specific category thereunder. However, ‘yoga’ is not defined in section 2(15). Ge...
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Operation Clean Money- Details of work carried out in campaign
Press Information Bureau Government of India Ministry of Finance 29-December-2017 17:39 IST Operation Clean Money As a part of post-demonetisation exercise, Income Tax Department had to analyse cash d...
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Amend sections 54, 54B, 54D & 54F to to reduce holding period to 24 Months: ICAI
Section 2(42A) – Reduction in holding period in case of immovable property, being land or building or both, to qualify as long term capital asset – Consequential amendments to be made in sections 54,...
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Clarify on Tax neutral conversion of preference shares to equity shares: ICAI
Section 2(42A), section 47(xb) and section 49(2AE) – Tax neutral conversion of preference shares to equity shares – Clarification regarding tax treatment for earlier years Issue/Justification The Fina...
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Amend Sec. 47(viab) related to indirect transfer of capital asset situated in India
Issue/Justification The Finance Act, 2015 has amended provisions dealing with indirect transfer of capital asset situated in India. The amendment provides clarity on certain contentious aspects with r...
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Applicability of POEM should be deferred by a year : ICAI
Issue/Justification Place of Effective Management provisions – section 6(3) POEM Guidelines have been recently finalised only on 24th January, 2017, whereas the POEM provisions are already applicable...
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Replace concept of Previous Year & Assessment Year with Financial Year: ICAI
Issue/Justification In Income-tax Act, 1961 is “Assessment Year” defined in Section 2(9) as: “Assessment Year” means the period of twelve months commencing on the 1st day of April every year. “Previou...
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Section 9(1)(i)- Extend exemption to all offshore funds- ICAI
Section 9(1)(i)-Benefit of non-applicability of indirect transfer provisions in case of Category I and II FPIs – Provisions for avoidance of double taxation in case of such indirect transfer provision...
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Scope of Royalty Income -Section 9(1)(vi)- Amend Section 194J-ICAI
Issue/Justification (a) Right to use a copyright vis-à-vis Right to use a copyrighted article Internationally, as evidenced by OECD Commentary and opinion of eminent experts, the following two basic p...
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Clarify Explanation 5 to Section 9(1)(vi) – e commerce services: ICAI
Issue/Justification Explanation 5 to Section 9(1)(vi) has been introduced by Finance Act, 2012 w.e.f. 1st June 1976 to clarify that royalty includes and has always included consideration in respect of...
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Clarify Explanation 6 to Section 9(1)(vi) – telecom services: ICAI
Issue/Justification Expansion of definition [Explanation 6 to section 9(1)(vi)] of ‘process’ so as to include transmission by satellite, cable, optic fiber or by any other similar technology within de...
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Allow Carry forward of excess foreign tax credit: ICAI
Issue/Justification The Income-tax Act, 1961 allows for set off in respect of foreign taxes paid on overseas income. However, in case of loss/inadequate profits, no set off may be possible. In the cur...
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Clarify on exemption of interest on deposits by co-operative societies with multi-State cooperative banks
Issue/Justification It is seen that that when a cooperative society places deposits in a co-operative bank the Assessing Officers are denying the benefit of Section 8OP on the interest earned on such...
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Sec. 10(46) CBDT notifies ‘Himachal Pradesh Computerization of Police Society’
MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF DIRECT TAXES) NOTIFICATION New Delhi, the 22nd December, 2017 S.O. 4011(E).—In exercise of the powers conferred by clause (46) of section...
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Sec. 10(46) CBDT notifies SEEPZ Special Economic Zone Authority
MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF DIRECT TAXES) NOTIFICATION New Delhi, the 22nd December, 2017 S.O. 4010(E).—In exercise of the powers conferred by clause (46) of section...
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Issues on implementation of MAT provisions for Ind AS companies
Government of IndiaMinistry of FinanceDepartment of RevenueCentral Board of Direct TaxesPRESS RELEASENew Delhi, 25th July, 2017.Issues arising from the implementation of Minimum Alternate Tax (MAT) pr...
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Repeated adjournments by Department Representatives before ITAT
PRIORITYF.No. 272/M-37/2017-ITJGovernment of IndiaMinistry of FinanceDepartment of RevenueCentral Board of Direct TaxesRoom No. 276, Samrat Hotel, New Delhi*****New Delhi the dated 14th December, 2017...