Latest Expert Exchange Queries
sitemapHome | Registration | Job Portal for CA's | Expert Exchange | Currency Converter | Post Matrimonial Ads | Post Property Ads
 
 
News shortcuts: From the Courts | News Headlines | VAT (Value Added Tax) | Service Tax | Sales Tax | Placements & Empanelment | Various Acts & Rules | Latest Circulars | New Forms | Forex | Auditing | Direct Tax | Customs and Excise | ICAI | Corporate Law | Markets | Students | General | Indirect Tax | Mergers and Acquisitions | Continuing Prof. Edu. | Budget Extravaganza | Transfer Pricing
 
 
 
 
Popular Search: Central Excise rule to resale the machines to a new company :: empanelment :: cpt :: form 3cd :: ACCOUNTING STANDARD :: TAX RATES - GOODS TAXABLE @ 4% :: ICAI offer Get Windows 7,Office 2010 in Rs.799 Taxes :: VAT Audit :: ARTICLES ON INPUT TAX CREDIT IN VAT :: articles on VAT and GST in India :: VAT RATES :: list of goods taxed at 4% :: due date for vat payment :: TDS :: ACCOUNTING STANDARDS
 
 
News Headlines »
 How much income tax you should pay on investments in gold?
  Best ways to save tax in 2017
 8 unknown stocks that could yield huge returns
 Government may set threshold for probe into deposits to prevent harassment of taxpayers
 How to calculate capital gains tax
 April 1 still the target for GST: FM
 How to respond to CBDT’s tax compliance notice
 Goods & Services Tax (GST)(As On 01-01-2017)
 Excise, service taxpayers to migrate to GST portal by January 31
 Tax numbers belie slowdown: FM
 Income tax (1st Amendment) Rules, 2017

CBDT circular needlessly queers the pitch
June, 19th 2007
Indias dubious reputation as a notoriously difficult place to do business just got a leg up from the Central Board of Direct Taxes (CBDT)! Its circular making a distinction between shares held as stock-in-trade and investment creates fresh uncertainly for taxpayers, especially FIIs. Tax circulars should aim to provide greater clarity and as far as possible, leave little or no room for discretion.

Unfortunately, the recent CBDT circular does neither. Worse, it opens a can of worms by raising issues that should have been settled long ago. Admittedly, there could be instances of business income masquerading as capital gains and the CBDT, like tax authorities the world over, is eager to plug loopholes that allow such evasion.

But by leaving it to the judgement of individual assessing officers to determine whether income should be classified as business income or as capital gains and taxed accordingly (capital gains attract a much lower rate of taxation), the circular only makes matters worse, leaving the system open to abuse and, of course, has given rise to the prospect of endless litigation.

A rule-based system ensures both transparency and probity. Our tax administration, unfortunately, leaves much to be desired on both counts. The World Banks Doing Business reports repeatedly feature India somewhere near the tail end of the league tables in terms of ease of doing business. Its an honour we could do without given how desperately we need to attract investment into the country.

Sadly, we seem to be adept at shooting ourselves in the foot. So, from time to time we rake up issues that should be regarded as settled in law once and for all. The issues are usually arcane the interpretation of the double taxation avoidance agreement with Mauritius that allows preferential treatment to FIIs registered in Mauritius; the definition of what constitutes a permanent establishment for the purposes of taxation of an overseas entity; and as in the present instance, the distinction between business income and capital gains. But they have serious implications, especially for overseas investors, and we could do without queering the pitch any further for them.
 
 
Home | About Us | Terms and Conditions | Contact Us
Copyright 2017 CAinINDIA All Right Reserved.
Designed and Developed by Binarysoft Technologies Pvt. Ltd.
Binarysoft Technologies - Our Portfolio

Transfer Pricing | International Taxation | Business Consulting | Corporate Compliance and Consulting | Assurance and Risk Advisory | Indirect Taxes | Direct Taxes | Transaction Advisory | Regular Compliance and Reporting | Tax Assessments | International Taxation Advisory | Capital Structuring | Withholding tax advisory | Expatriate Tax Reporting | Litigation | Badges | Club Badges | Seals | Military Insignias | Emblems | Family Crest | Software Development India | Software Development Company | SEO Company | Web Application Development | MLM Software | MLM Solutions