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India: Withholding tax exemption proposals; GAAR and GST disclosures delayed

India: Withholding tax exemption proposals

The KPMG member firm in India has prepared reports about the following tax developments (read more at the hyperlinks provided below).

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  • Proposed changes, application for lower or no withholding certificate: The Central Board of Direct Taxes (CBDT) has proposed changes to the rules and form that apply concerning applications for a certificate of lower “withholding” (in India, referred to as “deduction”) or no withholding of tax at source. Read an August 2018 report [PDF 745 KB]
  • GAAR and GST disclosures suspended until 31 March 2019: The CBDT issued a circular to suspend requirements for certain disclosures with respect to the general anti-avoidance rule (GAAR) and goods and services tax (GST). Read an August 2018 report [PDF 468 KB]
  • GST on “e-unit” conversions: The Authority for Advance Rulings (AAR) concluded that both the conversion of electronic vault receipts into “e-units” and e-units into diamonds are to be treated as a supply for GST purposes. Read an August 2018 report [PDF 674 KB]
  • GST on services provided by corporate office employees to other units: The AAR concluded that employees of a corporate office providing services to a “distinct person” are a supply subject to GST. Corporate offices and units located in different states are distinct persons. Read an August 2018 report [PDF 742 KB]
  • Loss, depreciation carryforward rules for minimum alternate tax (MAT) computation: The Ahmedabad Bench of the Income-tax Appellate Tribunal rejected the taxpayer’s method in applying unabsorbed loss carryforwards and unabsorbed depreciation for purposes of the minimum alternate tax computation. The case is: Milan Intermediates LLP. Read an August 2018 report [PDF 732 KB]

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