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Agreement between the Government of the Republic of India and the Government of Saint Kitts and Nevis for the exchange of information relating to taxes 21 July 2016
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Exchange of tax information strengthens cross border cooperation for tax administration while preserving confidentiality and legal safeguards.
The Agreement creates a framework for the exchange of information relating to taxes between India and Saint Kitts and Nevis, obliging competent authorities to provide foreseeably relevant information for tax administration and enforcement, subject to confidentiality, territorial and legal limits, procedural requirements for requests, and safeguards for protected communications and trade secrets.
Central Government notifies the districts of the States mentioned as backward areas under the first proviso to clause (iia) of sub-section (1) of section 32 and sub-section (1) of section 32AD of the Income Tax Act 1961
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Backward area notification: specific districts listed for application of specified Income tax Act provisions under central government notification.
Central Government notifies specified districts in Telangana, West Bengal and Bihar as backward areas for purposes of the first proviso to clause (iia) of sub section (1) of section 32 and sub section (1) of section 32AD of the Income tax Act, 1961, lists the individual districts statewise, and provides that the notification takes effect on publication in the Official Gazette.
Income Declaration Scheme, (Amendment) Rules, 2016
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Income Declaration Scheme amendment requires updated Form 1 with declarant details and revised filing reasons field.
The Central Board of Direct Taxes substituted serial numbers 1 and 2 in Form 1 of the Income Declaration Scheme Rules, 2016 to require declarant identification fields (name, office and residence addresses, contact details, email) and a filing status entry specifying original or revised; if revised, the original Form 1 receipt number and date and concise reasons for revision (not exceeding 100 words) must be furnished. The amendment is effective on publication in the Official Gazette.
Amendment in Notification Number S.O.1830(E) dated the 19th May, 2016
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Payment schedule for undisclosed income tax requires staged partial payments by specified statutory deadlines to cover tax, surcharge and penalty.
Amendment mandates a staggered payment schedule for tax, surcharge and penalty on undisclosed income: at least 25% by 30th November, 2016; at least 50% (reduced by prior payment) by 31st March, 2017; and the balance by 30th September, 2017, substituting the earlier clause in the notification S.O.1830(E).
Transfer pricing - Computation of Arm's length price - Notified percentage under third proviso to section 92C
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Arm's length price deemed when transaction price falls within notified variation thresholds; stricter test for wholesale trading applies.
The Central Government notifies that for Assessment Year 2016 2017, where the variation between the arm's length price determined under section 92C and the actual transaction price does not exceed the notified thresholds, the actual transaction price shall be deemed to be the arm's length price; a stricter threshold applies to transactions meeting the wholesale trading definition, which requires purchase cost of finished goods to be eighty percent or more of total cost and average monthly closing inventory to be ten percent or less of sales.
Section 35AC - Eligible projects or schemes - recommendations of the National Committee for Promotion of Social and Economic Welfare
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Tax deduction for notified projects: approved institutions may claim limited annual deductions subject to listed caps and exclusions.
Notification approves named institutions' projects as eligible for a tax deduction, listing each project's estimated cost and prescribing the maximum deductible amount for the specified period of approval (financial year 2016 17). The deduction is restricted to the amounts and projects expressly approved in the Table and applies only for the period noted. Funds received under Schedule VII of the companies' law and the Companies (CSR) Rules are excluded from eligibility for the exemption.
Information or computerised data or part thereof as comes into his possession during the discharge of official duties in respect of a valid declaration under ‘the Income Declaration Scheme, 2016’
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Non-disclosure of Income Declaration Scheme information: public servants barred from producing related official records or data to any person.
Central Government directs that no public servant shall produce any document, record, information or computerised data that comes into his possession during official duties in respect of a valid declaration under the Income Declaration Scheme, 2016; the instruction operates as a confidentiality prohibition on producing such materials to any person or authority.
Income-tax (19th Amendment), Rules, 2016 - prescribes new rule for - (i) Fair market value of assets in certain cases - (ii) Determination of Income attributable to assets in India - (iii) Information or documents to be furnished under section 285A
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Fair market value determination for offshore transfers guides apportionment of income to assets located in India and reporting obligations.
Rule 11UB sets out methods for computing the fair market value of assets of a foreign company or entity, distinguishing listed shares, unlisted shares, partnership interests and other assets, and prescribing merchant banker or accountant valuation, market-capitalisation formulas and treatment of liabilities; Rule 11UC provides an apportionment formula to determine income attributable to assets located in India by multiplying transferred-income (computed as if located in India) by the ratio of India-located asset fair market value to total asset fair market value; Rule 114DB requires Indian concerns to electronically furnish detailed information and supporting documents in Form 49D and retain records for eight years.
Central Government appoints the 27th day of June, 2016, as the date on which the provisions of Part I of Chapter XII of Finance Act 2016 shall come into force
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Commencement of Part I of Chapter XII: Finance Act 2016 provisions commence on 27 June 2016.
The Central Government, exercising powers conferred by section 219 of the Finance Act, 2016, appoints the 27th day of June, 2016 as the date on which the provisions of Part I of Chapter XII of the Finance Act, 2016 shall come into force by notification under the Ministry of Finance (Department of Economic Affairs).
Foreign Tax Credit - Income-tax (18th Amendment) Rules, 2016
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Foreign Tax Credit: residents may offset foreign income taxes against Indian tax subject to documentation, limits, and conversion rules.
Residents may claim credit for foreign tax paid in the year the corresponding income is taxed in India, subject to prorated allocation where income is taxed over multiple years. Credit is limited to the lesser of Indian tax on that income and actual foreign tax paid (treaty-excess ignored), converted at the telegraphic transfer buying rate. Disputed foreign tax is excluded until final settlement with proof; specific documentary requirements including Form No.67 and supporting certificates must be furnished by the return due date.
Relaxation from TDS @20% where PAN is not available and from payment made to non-resident, not being a company, or a foreign company, subject to conditions and providing specific details and documents - Income-tax (17th Amendment) Rules, 2016
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Relaxation from higher TDS for non-resident without PAN where specified residence details and tax identifiers are furnished.
Certain non-resident natural persons (excluding companies) without PAN shall not be subject to the higher TDS rate if they furnish to the payer their name, e mail, contact number, foreign residence address, a certificate of residence where available, and their Tax Identification Number or a government issued unique identification number; Form 27Q is amended to add corresponding withholding codes and reporting fields and to require entry of "PAN NOT AVAILABLE" for such deductees.
Corrigendum - Notification Number 46/2016, dated the 17th June, 2016
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Corrigendum to income tax notification corrects the placement reference to a specified provision within the notification text.
Corrigendum amends an earlier Income-tax notification by substituting the phrase "to section 115TC" with the direction to place the material "below section 115TCA", correcting the textual placement reference in line 5 of the original Gazette notification.
Central Government notifies the Core Settlement Guarantee Fund set up by National Securities Clearing Corporation Limited (NSCCL), Mumbai
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Tax recognition of Core Settlement Guarantee Fund as exempt under section 10(23EE) for assessment years going forward.
The Central Government notifies that the Core Settlement Guarantee Fund set up by National Securities Clearing Corporation Limited (NSCCL), Mumbai, is recognised for the purposes of clause (23EE) of section 10 of the Income-tax Act, 1961; the notification applies from the assessment year 2016-17 and for subsequent assessment years.
Central Government notify the Core Settlement Guarantee Fund, set up by Indian Clearing Corporation Limited (ICCL), Mumbai
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Tax exemption notification: Core Settlement Guarantee Fund recognised under Income-tax Act clause for specified assessment years.
Notification declares the Core Settlement Guarantee Fund, established by a recognised clearing corporation, as qualifying under the Income Tax exemption provision in clause (23EE) of section 10 for the 2016-17 assessment year and subsequent assessment years, thereby placing the Fund within the scope of the statutory exemption for clearing-related guarantee arrangements.
Income-tax (16th Amendment) Rules, 2016 - Provisions of GENERAL ANTI-AVOIDANCE RULE (GAAR) shall be applicable w.e.f. 1.4.2017
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General Anti-Avoidance Rule applicability deferred to commence on the notified commencement date by amendment to Income-tax Rules.
Amendment to the Income-tax Rules substitutes prior dates in rule 10U with a single prescribed commencement date for GAAR: rule 10U(1)(d) and rule 10U(2) have their existing commencement dates replaced by the new effective date, and the Income-tax (16th Amendment) Rules, 2016 come into force on publication in the Official Gazette.
Procedure for online submission of statement of deduction of tax under sub-section (3) of section 200 and statement of collection of tax under proviso to sub-section (3) of section 206C of the Income-tax Act, 1961 read with rule 31A(5) and rule 31AA(5) of the Income-tax Rules, 1962 respectively
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Online submission of TDS/TCS statements requires e filing registration and verification via DSC or EVC for deductors/collectors.
Deductors/collectors with valid TAN must register on the e filing portal as Tax Deductor & Collector, prepare statements using the Return Preparation Utility, validate with the File Validation Utility, and upload the statement zip file. Submission requires either a Digital Signature Certificate (signature via the DSC Management Utility) or e verification using an EVC generated through net banking, Aadhaar OTP, pre validated bank account, or pre validated demat account. Uploaded files are processed and status updated to Uploaded and then to Accepted or Rejected within 24 hours, with rejection reasons displayed on the portal.
Income–tax (15th Amendment) Rules, 2016 - Amendments in Due diligence requirement
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Income tax rules amended to refine due diligence, set review deadlines, and replace Form 61B for reportable accounts.
Amendments to the Income tax Rules revise due diligence, clarify territorial scope and exclusions in rule 114F, differentiate standing instruction treatment for U.S. versus other reportable accounts in rule 114H, set staggered completion dates for reviews of pre existing and high/low value accounts (notably completion by 30 June 2016 for certain U.S. low value accounts and by 31 December 2016 for certain other high value accounts), and substitute Form 61B with a standardized reporting template effective 1 January 2017.
Section 197A of the income-tax Act, 1961 - Deduction of tax at source - no deduction in certain cases - Specified payment under section 197A (1F) - if payment is made to a bank listed in the Second Schedule to the Reserve Bank of India Act, 1934
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Tax withholding exemption on specified banking and payment charges when paid to scheduled banks or authorised payment systems.
No deduction of tax under Chapter XVII shall be made on specified payments when such payment is made to a bank listed in the Second Schedule to the Reserve Bank of India Act (excluding a foreign bank) or to a payment systems company authorised under the Payment and Settlement Systems Act; the specified payments include bank guarantee commission, cash management service charges, depository charges for DEMAT accounts, warehousing service charges for commodities, underwriting service charges, clearing charges (including interchange or similar settlement fees), and credit or debit card commission between merchant establishments and acquirer banks.
No TDS under the Chapter XVII of the income-tax Act, 1961 on the payments of the nature specified in clause (23DA) of section 10 of the said Act received by any securitisation trust as defined in clause (d) of the Explanation to section 115TCA
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No TDS on payments to securitisation trusts under clause (23DA) of section 10; deduction under Chapter XVII barred.
The Central Government notifies that no deduction of tax at source under Chapter XVII shall be made on receipts specified in clause (23DA) of section 10 when received by a securitisation trust as defined in the Explanation to section 115TCA, effective from publication in the Official Gazette.
CBDT- startup - Tax Exemption on Investments above Fair Market Value
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Taxation of share premiums in startups: resident subscribers are specified as the relevant class for section 56 proviso purposes.
Notification specifies that, for the proviso to clause (viib) of sub section (2) of section 56, the relevant class of persons comprises resident persons who make any consideration exceeding face value for issue of shares of a startup, and defines "startup" by reference to the DIPP G.S.R.180(E) description.

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