Category: India

Mitsubishi wins big for Japanese trading companies in Indian Berry ratio transfer pricing case

Meredith McBride in Hong Kong Mitsubishi Corporation India’s victory over the Indian tax authorities in the New Delhi Tax Tribunal on the use of the Berry ratio (gross margin divided by operating expenses) sets important precedents for transfer pricing litigation in India, advisers believe, because it legitimises the use of… – Continue reading

Cyprus: Cyprus India Relations – Cyprus May No Longer Be A Tax Haven For Funds Or May It?

A publication in the Economic Times has caused much debate in India since after blacklisting Cyprus for not sharing information on tax evaders, India is now looking to take away the favourable tax treatment available to investors from the European tax heaven under the bilateral tax treaty between the two… – Continue reading

Reliance Jio Ties Up With Lenders for $1.5 Billion Loan Facility

New Delhi: Telecom operator Reliance Jio Infocomm has arranged credit facilities worth $1.5 billion with lenders, including Bank of America and Barclays, to refinance existing loans. Mukesh Ambani-led RJio would utilise the latest credit arrangements to re-finance debt tied up by it in 2010. The new loan facilities are guaranteed… – Continue reading

India economy not yet mature for GAAR: ASSOCHAM

Apex industry body ASSOCHAM has urged the Centre to amend the Indian income-tax law so as not to introduce the general anti avoidance rules (GAAR) from assessment year 2016-17 as India’s economy is neither mature enough to stand up to its exacting standards nor is the tax administration ready to… – Continue reading

Bill Gates commit money to Unitus’ offshore fund; Rupee fund bags $4M more

The venture seed fund has already announced 14 investments in India. Impact investor Unitus Seed Fund (USF) has announced that its India-focused offshore fund vehicle has received commitments from Microsoft co-founder Bill Gates, besides Concur Technologies’ CEO Steve Singh and Diego Piacentini, SVP (international consumer business) at Amazon.com Inc. It… – Continue reading

ITAT ruling gives a boost to black money fight

MUMBAI: In the first ever ruling relating to taxation of black money stashed in overseas tax havens, the Mumbai bench of the Income Tax Appellate Tribunal (ITAT) has given the taxman a lot to cheer. Funds aggregating $2.4 million (Rs 11.73 crore approximately) as of December 31, 2001, held in… – Continue reading

India signs tax info exchange pact with Saint Kitts & NevisNITED NATIONS:

To help in its efforts to crack down on suspected black money stashed abroad, India has entered into an information exchange pact with Saint Kitts and Nevis, a two-island Carribean country, perceived as a safe haven for offshore funds. The agreement was signed by India’s Permanent Representative to the UN… – Continue reading

Toyota, Mitsui, Marubeni to sign first set of pacts

Mitsui, Toyota and Marubeni are likely to be among Japanese companies that would sign the first set of bilateral advance-pricing agreements (APA) with India shortly. These agreements will provide certainty to Japanese multinational firms operating in India and avoid conflicts over sharing of taxes between India and that country. Two… – Continue reading

Absence of treaties with tax haven nations blocking black money fight

New Delhi: Absence of criminal legal treaties between India and tax haven nations have been cited by probe agencies working in the SIT on black money as one of the major impediments in initiating steps to bring back illegal funds stashed abroad by Indians. These agencies, including the Central Board… – Continue reading

India to sign agreement for data on tax evasion soon

India will soon put its signature on an agreement for exchange of information to curb tax evasion after refusing to sign the multilateral pact along with 51 nations in Berlin last month. Finance Ministry officials told Deccan Herald that the government was currently in the process of completing the internal… – Continue reading

BJP Raises Singhvi Tax Evasion Issue, Asks Sonia to Clarify

BJP today accused Congress leaders of generating black money in the country while referring to the matter of the alleged tax evasion by its spokesperson Abhishek Singhvi and asked Congress President Sonia Gandhi to clarify on the issue. “The issue of Singhvi is just a sample as it is only… – Continue reading

Benefits of Investing in India via a Singapore Holding Company in a New Guide by Rikvin

With the change in government in India, the world is looking up to its new Prime Minister Narendra Modi to revive the country’s economy, who recently launched his flagship ‘Make in India’ campaign to propel the country into top 50 of World Bank’s Ease of Doing Business rankings by 2016…. – Continue reading

Automatic exchange of tax info, balanced growth on G-20 agenda

Prime Minister Narendra Modi would attend the G-20 summit later this week where world leaders would come together for discussing issues including automatic exchange of tax information, taxation of large companies operating digitally, and a comprehensive strategy for strong, sustainable and balanced growth. Official sources said that the leaders will… – Continue reading

Black money: ITAT rules against 3 ‘beneficiaries’ holding a/c in Alpine tax haven

MUMBAI: Five years after Germany gave New Delhi a list of Indians with secret bank accounts in the Alpine tax haven Liechtenstein, the first tribunal ruling has gone in favour of the government. The case pertains to three Kolkata-based individuals – Mohan Manoj Dhupelia, Ambrish Manoj Dhupelia and Ms Bhavya… – Continue reading

I-T officials strive to get rid of ‘tax terrorists’ tag

Vivek Prasad, chief commissioner of Income-Tax – III, Mumbai said they were striving to rid themselves of the unwarranted epithet of ‘tax terrorists,’ and said with regards to tax morality, base erosion, profit shifting and GAAR (general anti-avoidance rules) they were on a learning curve and are evolving beyond the… – Continue reading

Nations may come together to stop abuse of tax pacts

NEW DELHI: India’s attempts to amend tax treaties with countries such as Mauritius may have drawn a blank so far, but its efforts are about to get a huge boost with several nations getting together to ramp up work on a global convention to plug treaty abuse. “Multilateral convention will… – Continue reading

Hiding places where Indian black money is concealed

Aparajita Basak, the manager, of research analytics, innovation and knowledge centre at Frost & Sullivan, talks about the use of tax havens across the world for Indian black money. What kind of role do tax havens play in black money in terms of Indian companies and individuals? Across the world,… – Continue reading

From Bahrain to Switzerland: Top 10 tax havens across the globe

New Delhi:  The total amount of black money deposited in foreign banks by Indians is unknown. Some reports claim a total exceeding US$1.4 trillion are stashed in Switzerland.[1] Other reports, including those reported by Swiss Bankers Association and the Government of Switzerland, claim that these reports are false and fabricated,… – Continue reading

India: Sham Transactions: Recent Developments In Indian Tax Law

Delhi Tribunal holds that the mere fact that one of the steps in a transaction resulted in capital loss for the taxpayer would not make the series of transactions a sham. Karnataka High Court holds that shares bought at a premium, and sold at a lower value to individuals (ex-employees… – Continue reading

Black money: Narendra Modi’s government turns to Cyprus to act against round tripping

NEW DELHI: After reaching a significant breakthrough in information exchange on bank accounts with Switzerland, the Narendra Modi government has now turned the heat on European tax haven Cyprus as part of its fight against black money. The government wants to drop a provision in the tax treaty between the… – Continue reading

Global base erosion rules likely to be finalised by end 2015NEW DELHI:

The global base erosion and profit shifting (BEPS) rules, aimed at collecting a fair share of taxes from multinationals operating in different tax jurisdictions, are likely to be finalised by December 2015, a senior finance ministry official today said. “Work on BEPS is moving very fast. If things go on… – Continue reading

SIT reveals black money whitewash: Investigation team says 289 of 628 names in list of foreign accounts have no amounts mentioned, and 122 are repeat entries

The black money brouhaha is turning rapidly into a whitewash special. Part of the first report of August 2014 submitted by the Supreme Court-appointed Special Investigation Team (SIT) to probe the issue of black money stashed in foreign banks reveals very little fire behind all the smoke. It says that… – Continue reading

G20 committed to global response to deal with cross border tax evasion: India

New Delhi: As it attempts to unearth black money stashed abroad, India today said the Grouping of 20 major economies(G20) of which it is a member is committed to a global response to deal with cross border tax avoidance and evasion. Tax evasion will be a key issue at G20’s… – Continue reading

Black Money – Will Agreement with USA help?

The Writ Petition filed by the NDA Government in mid-October consists of two parts. The first part deals with the issue of Double Taxation Avoidance Agreement [DTAA], the information obtained from Liechtenstein through Germany and confidentiality obligations of Indian Government under the said DTAA. I had dealt extensively on this… – Continue reading

India’s FATCA future unclear after names of alleged tax evaders are made public

On October 27, the Indian government disclosed names of alleged tax evaders to the Indian Supreme Court in an affidavit signed by the Department of Revenue. The affidavit accused some of the country’s top business owners of tax evasion through foreign held bank accounts. This development raises questions over confidentiality… – Continue reading

Indian Government Loses Major Tax Case to Vodafone

Vodafone sign in India. Photo: Ishan Khosla. Used under Creative Commons license. Vodafone recently won a rare – but potentially very significant – victory over Indian tax authorities. The Bombay High Court dismissed the government demand for the company to pay 30 billion rupees (about $490 million) for a share… – Continue reading

Large-scale account inheritance emerges in black money probe

NEW DELHI/BERNE: Accounts inherited from family members as also from previously-constituted trusts or companies have come to the fore in a big way, as India seeks further details from Switzerland about those suspected to have ‘unaccounted’ wealth parked in the Swiss banks. Hundreds of individuals and entities, including 627 names… – Continue reading

Black money row: Issue of unauthorized disclosure of names in violation of tax treaties, says Arun Jaitley

Union Finance Minister Arun Jaitley on Sunday said that the issue over the disclosure of the names of those who have illegally stashed their black money abroad is not a debate over the admission of confidential information but is a matter pertaining to the unauthorized expose of the names in… – Continue reading

Chasing black money: How parties are resisting transparency in funding

Given a choice of priority, should Indian authorities be chasing black money in circulation within the country or the illicit billions held in foreign banks? It is a nobrainer. Money whisked away abroad is tiny compared with the unaccounted money within India. Yet, the political system has long been barking… – Continue reading

Black money: Preneet Kaur, ex-UPA minister, figures among 627 names submitted to SC

NEW DELHI: Former minister of state for external affairs in the UPA regime, Preneet Kaur, figures in the list of 627 names of Indians holding accounts in foreign banks, which was submitted by the Centre to the Supreme Court. Kaur, wife of former Punjab CM and Congress’s deputy leader in… – Continue reading

Tax treaties can’t be amended to drop confidentiality clause: official

If the Supreme Court insists on disclosures of all names, India won’t be able to sign any further treaties for exchange of information Vrishti Beniwal  |  New Delhi  November 1, 2014 Last Updated at 00:29 IST India cannot amend its Double Taxation Avoidance Agreements (DTAAs) to drop the confidentiality clause… – Continue reading