Public Policy

Current

CBDT Notification

CBDT notifies jurisdictions of investment entities that would not be treated as passive non-financial entities for SFT reporting.

Notification F.No. 500/05/2018 – FT&TR – III, dated 6-4-2023.

PE

PE – Where assessee, a China based company, engaged in sales of telecom equipments, supplied equipment and handsets to its Indian subsidiary, since assessee was conducting its business in India with active involvement of employees of its Indian subsidiary and employees of Indian subsidiary along with employees of assessee had jointly prepared bidding documents for contract, negotiated and concluded contract on behalf of assessee with its Indian customer, said Indian subsidiary constituted fixed place PE, installation PE, service PE and dependent agent PE of the assessee.

Huawei Technologies Co. Ltd. v. ACIT – [2023] 149 taxmann.com 77 (Delhi – Trib.).

MCA Notification

MCA notifies the Companies (Indian Accounting Standards) Amendment Rules, 2023. These rules shall be applicable from the financial year beginning on or after 1-4-2023.

ICAI Guide

ICAI issues the Implementation Guide on Reporting under Rule 11(g) of the Companies (Audit and Auditors) Rule, 2014.

SC on corporate guarantee

Corporate guarantee given for subsidiary company without consideration is not liable to service tax under Banking & Other Financial Services.

Commissioner of CGST and Central Excise v. Edelweiss Financial Services Ltd. – [2023] 149 taxmann.com 76 (SC).

Archive

CBDT Notification

CBDT notifies jurisdictions of investment entities that would not be treated as passive non-financial entities for SFT reporting.

Notification F.No. 500/05/2018 – FT&TR – III, dated 6-4-2023.

PE

PE – Where assessee, a China based company, engaged in sales of telecom equipments, supplied equipment and handsets to its Indian subsidiary, since assessee was conducting its business in India with active involvement of employees of its Indian subsidiary and employees of Indian subsidiary along with employees of assessee had jointly prepared bidding documents for contract, negotiated and concluded contract on behalf of assessee with its Indian customer, said Indian subsidiary constituted fixed place PE, installation PE, service PE and dependent agent PE of the assessee.

Huawei Technologies Co. Ltd. v. ACIT – [2023] 149 taxmann.com 77 (Delhi – Trib.).

MCA Notification

MCA notifies the Companies (Indian Accounting Standards) Amendment Rules, 2023. These rules shall be applicable from the financial year beginning on or after 1-4-2023.

ICAI Guide

ICAI issues the Implementation Guide on Reporting under Rule 11(g) of the Companies (Audit and Auditors) Rule, 2014.

SC on corporate guarantee

Corporate guarantee given for subsidiary company without consideration is not liable to service tax under Banking & Other Financial Services.

Commissioner of CGST and Central Excise v. Edelweiss Financial Services Ltd. – [2023] 149 taxmann.com 76 (SC).