Direct Tax
Condonation of delay in payment made under the Vivad se Vishwas Act, 2020
Order F. NO. 173/03/2021-ITA-I(PT.2) dated 27 June 2024
After receiving applications for accepting the delay in payment of taxes specified in Form-3 of Direct Tax Vivad se Vishwas Rules, 2020, CBDT directs that the delayed payment of requisite taxes in the cases fulfilling the following conditions may be accepted under Direct Tax Vivad se Vishwas Act, 2020 (DTVsV Act):
- The assessee has made full payment of taxes (including the amount payable after the due date as prescribed in Form-3 of the DTVsV Rules) on or before 28 February 2022 under the DTVsV Act, and
- The appeal(s) mentioned in Form-1 of the DTVsV Rules either has been withdrawn or has not been decided as of the date of full payment of taxes (including the amount payable after the due date as prescribed in Form-3 of the DTVsV Rules).
Accordingly, the concerned PICT shall issue a modified Form-3 manually, if needed and allow the assessee to file Form-4 manually and thereafter issue Form-5 manually after examining the conditions as per the DTVsV Act.
The entire process is said to be completed by 30 September 2024.
Extension of sunset clause of Section 10(23FE) of Income-tax Act, 1961 - Income of specified person from an investment made in India
Notification s.O. 2830(e) [no. 54/2024/f. No. 500/misc./s10(23fe)/ ft&tr-ii] To notification s.O. 2867(e) [no. 92/2024/f.No. 500/misc./ s10(23fe)/ft&tr-ii] And Notification s.O. 2880(e) [no. 87/2024/f.No. 500/misc./s10(23fe)/ ft&tr-ii] Dated 18 July 2024
The government introduced Section 10 (23FE) under the Income Tax Act to provide specified persons (these include a subsidiary of Abu Dhabi Investment Authority, notified SWFs and notified pension funds) an exemption from dividend, interest and long-term capital gains income earned from investments made in specified infrastructure businesses in India on or after the 1 April 2020 but on or before the 31 March 2024 and is held for at least three years. This time limit for investment has been extended to 31 March 2025.
Transfer Pricing
Union Budget 2024 - Key amendments proposed in the Union Budget
This update can be read in detail on the below1:
Providing Certainty to MNCs and reducing Transfer Pricing litigation:
- The government aims to make safe harbor provisions more attractive to MNCs. Detailed rules are expected to be announced, focusing on expanding transaction coverage, reducing mark-ups, and simplifying administration.
- Scope of Transfer Pricing Officers expanded to cover Specified Domestic Transactions not reported in Form No. 3CEB
- Thin Capital provisions under Section 94B to now exclude Finance Company located in IFSC. Earlier, the exclusion was for an Indian Company or a Permanent Establishment (PE) engaged in banking or insurance business or notified Non-Banking Financial Corporations (NBFCs).
- Under secondary adjustment provisions, if the amount of the primary adjustment is not repatriated within the prescribed time, the taxpayer has the option to pay an additional tax of 18% on the primary adjustment. A surcharge of 12% will now be levied on this additional tax, resulting in an effective tax rate of 20.16%.
Other Updates
An eye-popping update from Mumbai is that the Income-tax Department is getting another chance before the Bombay High Court in the case of PayPal Payments Private Limited (Writ Petition (L) No. 30944 of 2023) dealing with a burning controversy on the issue of applicability of Section 153 to Section 144C. The case is being heard before the division bench of the hon'ble Bombay HC for a pre-admission hearing and an update on the same can be expected by the start of August.
The question for consideration before the hon'ble HC is whether the time limit for passing the final assessment order could also apply to the proceedings carried out before the DRP under Section 144C. The issue herein is similar to the earlier ruling of Bombay HC in the case of Shelf Drilling entities and Madras HC ruling in the case of Roca Bathroom Products Private Limited, where the division bench of the High Court had ruled in favor of the assessee and had quashed the assessment order by holding it time-barred. However, the honorable Supreme Court of India has granted interim relief to the Income-tax department and put the said order on hold.
Indirect Tax
Customs
CBIC extends RoDTEP benefit to SEZ units from 1 July 2024
Notification No. 50/2024–Customs (N.T.) dated 19 July 2024
The CBIC has extended the benefit of the Remission of Duties and Taxes on Export Products (RoDTEP) Scheme to SEZ units. Accordingly, the RoDTEP benefit can be claimed for goods manufactured or exported by SEZ units, for which the shipping bill or bill of export must be presented on or after 1 July 2024.
Notification No. 24/2023-Customs (NT) has been amended to this extent.
FinMin extends IGST benefits on the import of aircraft parts and components for MRO activities
Notification No. 28/2024-Customs dated 12 July 2024
Pursuant to 53rd GST Council meeting recommendation, the Central Government has notified 5% IGST rate on import of components or parts prescribed in any of the following manuals – (a) Aircraft Maintenance Manual, (b) Component Maintenance Manual, (c) Illustrated Parts Catalogue, (d) Structural Repair Manual, or (e) Standard Procedural Manual of the OEMs, for servicing, repair, maintenance or overhauling, subject to fulfillment of prescribed conditions.
The government has also exempted the temporary import of equipment or buoys required for the Research Moored Array for the African Asian Australian Monsoon Analysis and Prediction (RAMA) program, subject to specified conditions. Such exemption shall be in force until 31 July 2026.
Accordingly, Notification No. 50/2017-Customs stands amended w.e.f. 15 July 2024.
FinMin revises BCD and AIDC rates on silver and platinum items under India UAE CEPA
Notification No. 40/2024-Customs dated 29 July 2024
The Central Government has increased the BCD rate on the import of silver and platinum inter alia in unwrought or powder form and in semi-manufactured sheets, plates, stripes, etc., to 7% and 3.6%, respectively, while reducing the AIDC to 1% and 1.4% respectively.
Similarly, Iridium, Osmium and Ruthenium, in unwrought or in powder or other form will attract 3.6% BCD while AIDC will be levied at 1.4%.
Accordingly, Notification 22/2022-Customs dated 30 April 2022 has been amended.
Foreign Trade Policy (FTP)
DGFT clarifies the applicability of the extended Interest Equalization Scheme for Pre and Post Shipment Rupee Export Credit
Trade Notice No. 08/2024-2025 dated 10 July 2024
The Interest Equalization Scheme (IES), formulated to give benefit in the interest rates being charged by the banks to the exporters on their Pre and Post Shipment Rupee Export Credits, was extended beyond 30 June 2024 by two months, i.e., up to 31 August 2024 vide Trade Notice No. 7/2024-2025 dated 28 June 2024.
However, considering the difficulties being faced by the banks on the applicability of said Trade Notice, the DGFT has now clarified as follows:
- The Interest Equalisation will be capped at Rs. 16.6 million per IEC for the period from 1 July 2024 to 31 August 2024.
- The extended scheme is applicable only to MSME Manufacturer Exporters, who are eligible for an IES benefit of 3%.
- Applicants would not be required to generate revised UIN for the extended period if the applicants have already generated UIN for FY 2024-2025.
DGFT reduces composition fee for advance authorization export obligation default in value and minimum value addition
Public Notice No. 14/2024-25 dated 16 July 2024
DGFT has amended Para 4.49(b) of Handbook of Procedures, 2023 to reduce the composition fee from 3% to 1% of the shortfall in FOB value in Indian Rupee, in case of default in fulfillment of export obligation in value terms as well as the default in the achievement of minimum value addition under Advance Authorization Scheme.