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Power of attorney

What Is Power Of Attorney?

A Power of Attorney is a legal document by which one person gives the right to perform or powers of transacting in matters relating to property, banking, legal and judicial proceedings, tax payments, etc, to another person due to certain reasons like being out of country, or getting old, or not able to look after one’s duties in those matters etc.

Principal/Grantor/Donor- The person who grants the power to the other person to act on his behalf is termed the grantor or principal or donor.

Attorney/Agent/Donee- The person to whom the power is granted is termed the Attorney or agent or donee.

Types Of Power Of Attorney

General Power Of Attorney- A person can give to another person a complete general right or power to act lawfully with respect to his property  or bank accounts or tax payments, or registration work or to sue a third party etc. It is commonly termed as GPA.

Special Power Of Attorney

A Special power of Attorney is to be made by a person when any particular or specific task or act is to be done. Once the particular act is completed the Special power of Attorney comes to an end.This is generally used when you want to rent out your property or appear for the registration of any property or appear in a court on behalf of the Principal or to appear before the Tax authorities etc.

Durable and Non-durable Power of Attorney

IF the Principal wants the Power of Attorney deed to continue even after his death then he has to mention it in the Power of Attorney deed. Such a Power of Attorney is termed as Durable Power of Attorney. If there is no mention that the power shall continue after the death of the Principal then it is a non-durable Power of Attorney deed.

Power Of Attorney By Non-Resident Indians (NRI)

An NRI or non-resident Indian can make a Power of Attorney deed even by staying outside India without having to come to India for that purpose. Most NRIs have properties and banking transactions in India which may require their presence while transactions happen.But it is often not possible to come to India for each such transactions. For this then NRIs can always give the powers to transact to another person who is either a family member or a friend.

Property matters POA need to registered  at sub registrar  office.

We serve a number of clients who need assistance for various legal, financial and tax matters who have benefitted from our professional services. Find out more on how we can help your business by speaking to one of our advisors at AJSH & Co LLP. If you have any query regarding this Click Here.

transfer pricing law in India

Transfer pricing law in India

Introduction

Transfer Pricing (“TP”) regulations have been at the forefront of corporate headlines over the last few years due to the increasing number of controversies resulting out of tax structuring by multinational companies in India. What makes the topic both contentious and interesting is that regulators view the various techniques applied to inter-corporate transactions as purportedly planned with the intent of achieving benefits of comparable labor cost and tax advantage at the cost of a countries tax revenues.

Hence, there was a need to introduce a uniform and internationally accepted mechanism of determining reasonable, fair and equitable profits and tax in India in the case of such multinational enterprises.

Statutory rules and regulations

A separate code on transfer pricing under Sections 92 to 92F of the Indian Income TaxAct, 1961 (“the Act”) covers intra-group cross-border transactions and specified domestic transactions. Since the introduction of the code, transfer pricing has become the most important international tax issue affecting multinational enterprises operating in India. The regulations are broadly based on the Organisation for Economic Co-operation and Development (“OECD”) Guidelines and describe the various transfer pricing methods, impose extensive annual transfer pricing documentation requirements and containharsh penal provisions for noncompliance.

The Indian Transfer Pricing Code prescribes that income arising from international transactions or specified domestic transactions between associated enterprises should be computed having regard to the arm’s length price. It has been clarified that any allowance for an expenditure or interest or allocation of any cost or expense arising from an international transaction or specified domestic transaction also shall be determined having regard to the arm’s-length price. The Act defines the terms international transactions, specified domestic transactions, associated enterprises and arm’s length price.

Type of transactions covered

The Indian transfer pricing regulations are applicable to an international transaction as well as to specified domestic transactions entered into two (or more) associated enterprises.Section 92B of the Act defines the term “international transaction” to mean a transaction between two (or more) associated enterprises involving the sale, purchase or lease of tangible or intangible property; provision of services; cost-sharing arrangements; lending/borrowing of money; or any other transaction having a bearing on the profits, income, losses or assets of such enterprises.

Further, the Finance Act 2012 extended the application of transfer pricing regulations to “specified domestic transactions”, being the following transactions with certain related domestic parties, if the aggregate value of such transactions exceeds INR 5 crore:

  • Any transaction related to businesses eligible for profit-linked tax incentives, for example, infrastructure facilities (Section 80-IA) and SEZ units (section 10AA); and
  • Any other transactions as may be specified.

Associated enterprises (“AEs”)

The relationship of associated enterprises is defined by Section 92A of the Actto cover direct/ indirect participation in the management, control or capital of an enterprise by another enterprise. It also covers situations in which the same person (directly or indirectly) participates in the management, control or capital of both the enterprises. For the purposes of the above definition, Section 92A of the Act specifies certain parameters have been laid down based on which two enterprises would be deemed as AEs.

Arm’s length principle and pricing methodologies

The term ‘arm’s length price’ is defined by Section 92F of the Act to mean a price that is applied or is proposed to be applied to transactions between persons other than AEs in uncontrolled conditions. The following methods have been prescribed by Section 92C of the Act for the determination of the arm’s-length price:

  • Comparable uncontrolled price (CUP) method
  • Resale price method (RPM)
  • Cost plus method (CPM)
  • Profit split method (PSM)
  • Transactional net margin method (TNMM)
  • Such other methods as may be prescribed

These regulations require a taxpayer to determine an arm’s-length price for international transactions or specified domestic transactions. However, transfer pricing provisions will not apply if the arm’s-length price would result in a downward revision in the income chargeable to tax in India.

Documentation requirements

Taxpayers are required to maintain, on an annual basis, a set of extensive information and documents relating to international transactions undertaken with AEs or specified domestic transactions. Rule 10D of the Income Tax Rules, 1962 prescribes detailed information and documentation that has to be maintained by the taxpayer.

Further, it is mandatory for all taxpayers, without exception, to obtain an independent accountant’s report in respect of all international transactions between associated enterprises or specified domestic transactions. The report has to be furnished by the due date of the tax return filing (i.e. on or before 30 November) to avoid stringent penalties prescribed for noncompliance with the provisions of the transfer pricing code.

 For a more detailed discussion of specific transfer pricing rules, or to obtain further assistance in transfer pricing compliance, transfer pricing study, planning activities,addressing and resolving intercompany transfer pricing issues, please contact AJSH & Co LLP. If you have any query regarding this Click Here.

Company incorporation in India

How a foreign company can incorporate a new company in India?

India is among the fastest growing economies in the world with immense human potential and a large market comprising of over 1.2 billion people. Opportunities in India has attracted a large amount of Foreign Direct Investment into the country and each year the amount of FDI inflow keeps increasing due to more number of foreign businesses starting their operations in India. In this post, the way to setup a business is in India is detailed for foreign companies.

Incorporation of a private limited company is the easiest and the fastest type of India entry strategy for the foreign nationals and for the foreign companies. Foreign direct investment of up to 100% into a private limited company or a limited company is under the automatic route, in which no permission form the Central Government is required. Hence, the incorporation of a private limited company as a wholly owned subsidiary of a foreign company or a joint venture is the cheapest, the easiest and the fastest entry strategy for the foreign companies and the foreign nationals into India.

Cost for Registering a Company in India

The cost for registering a business in India is relatively inexpensive. Registration of a company in India can also be completed within a few weeks, making India an easy place to start a business.

Mandatory documents required for Company Registration in India
In order to register a company in India, the foreign nationals are supposed to submit a copy of their passport along with an address proof (Driver’s License, Bank Statement etc.).

The copy of the original documents should be notarized by a Notary in the home country or by the Indian Embassy in the respective country where the foreign Director belongs to.

In case a corporate entity is aiming to become a shareholder in the Indian Company then the Board Resolution from the foreign company should authorize the investment in the Indian Company.

The Board Resolution that has been decided upon mutually among the Directors should be attached with a notarized copy of the incorporation certificate of the foreign company.

This is to be noted that the presence of any of the foreign Directors is not mandatory required in India at the time of incorporation in India. Thus, the foreign nationals have the flexibility of establishing and operating a business in India without even travelling to India.

If you have any query regarding this Click Here

Telecom Companies Under Debt-Restructuring

IBA requests dot for relief for telecom companies under debt-restructuring

The Indian Banks Association (IBA) has requested the Department of Telecommunications (DoT) to provide relief measures for telecom companies undergoing debt restructuring. This includes refunding payments related to airwaves surrendered by the telecom companies as well as cancellation of future deferred payments for this spectrum.

In the letter submitted to the DoT, IBA said “This money will be used for repaying the banks which in turn prevent loans from turning into NPA (non-performing asset)”. “We understand the government had allowed a similar facility to BSNL and MTNL in the past” it further added.

IBA has also requested speeding up of the process of providing relief along with return of bank guarantees provided by such companies since of theRs. 7.75 lakh crore telecom sector liabilities, Rs. 5.8 lakh crore was primarily towards banks and spectrum obligations. This would benefit the telecom operators by providing them with more working capital, since the troubled carriers, are currently selling assets including spectrum to reduce debt on their balance sheets.

It is becoming difficult for mobile operators to survive and service their debt without immediate support from the government, the IBA added.The revenue and operating profit has been declining in the telecom industry since 2016-17. The adjusted gross revenue of the industry declined to approximately Rs. 39,778 crore in the first quarter from approximately Rs. 53,384 crore in the same quarter of 2016-17. There has been a 25.5% drop in adjusted gross revenue of the industry in the April-June quarter on a y-o-y basis.

According to IBA, most of the operators undergoing restructuring had borrowed from public sector banks. Some of the mobile operators are undergoing financial restructuring under various RBI schemes.As part of debt restructuring, mobile operators have proposed optimising their assets and monetising non-core assets, including their existing portfolio of spectrum.

Banks are under stress as most of them have exposure to debt-ridden companies, like Reliance Communications and Aircel, who have already defaulted on their debt repayment obligations, and have been directed by the RBI to incorporate higher provisions for their exposure towards the sector.

An inter-ministerial group has recommended relief measures to address financial stress in the telecom industry which have been approved by the Telecom Commission, the highest decision-making body of the DoT. The proposals will go to the Cabinet for further approval.

Among the relief measures, the government will also increase the timeframe for deferred spectrum payments to 16 years as well as change the calculation of interest for delayed payments.

We serve a number of clients operating in the telecom industry who have benefitted from our professional services. Find out more on how we can help your business by speaking to one of our advisors at AJSH & Co LLP.

If you have any query regarding this Click Here.

Where to invest in India

Invest in India

Nearly two decades of economic liberalization, coupled with robust domestic demand, a growing middle class, a young population and a high return on investment, make India a credible investment destination. India jumped 30 places higher in World Bank’s recent ease of doing business report and is aiming to be in the top 50.

Invest India is scheme started by the government’s foreign investment promotion agency, which is planning to actively promote the country as an investment destination and has drawn up a list of 200 companies not present in India that it wants to target.  There are 33 identified investment sectors on the government website, including IT & BPM, Construction, Automobile, Food processing, Healthcare and Telecommunications, which aim to provide the required information for investing in the particular area, highlighting the statistics, the growth driver, the FDI policy, the Sector policy, the investment opportunities, foreign investors, agencies, financial support and achievements.

Some reasons why investment in India is lucrative are as follows:

Fast growing economy

  • India is likely to grow at consistently higher rates (over 7%) and retain its position as one of the fastest growing economies till 2020 (International Monetary Fund).
  • Foreign exchange reserves have been at a comfortable level over recent years. India’s reserves stood at USD 371.279 billion (Reserve Bank of India as on 9th September, 2016).
  • India ranks amongst the top 10 FDI destinations globally – surpassing USD 50 billion in FY 2015-16.
  • India has shown a growth of 46% in FDI equity inflow and 37% in overall FDI inflow since the launch of Make in India initiative (Ministry of Commerce, Government of India).

Demographic Advantage

  • The proportion of working age population in India is likely to reach more than 64% by 2021, with a large number of young persons in the 20-35 age group(Economic Survey 2014).
  • The average age of 125 billion persons will be 29 years by 2020 (Economic Survey, 2014).
  • If India continues its recent growth trend, average household incomes will triple over the next two decades and it will become the world’s fifth largest consumer economy by the year 2025 (McKinsey Report).

Favourable Policies

  • Major FDI policy reforms have been made in a number of sectors, such as defence, construction development, pensions, broadcasting, pharmaceutical and civil aviation.
  • Government of India has permitted foreign investment in almost all sectors with a few exceptions, such as atomic energy & lottery business.
  • 100% FDI is allowed through the automatic route in several sectors, without the need of government approval, namely Automobile, Food Processing, and Construction etc.
  • The Central and State governments have sector specific policies, incentives and subsidies to promote manufacturing.
  • Foreign investors can invest in India either on their own or as a joint venture, as may be required in a few sectors.

 

If you are new to the entire investment scenario, it is advised to seek professional help. Professionals can advise on the available range of viable investments and will help you chalk out your entire investment plan. AJSH & Co LLP can also assist you with company registration process and tax advisory services.

If you have any query regarding this Click Here.

cgst-solution

Updated CGST rates for goods under different notifications as amended from time to time till 15.11.2017.

Updated schedule of CGST rates on goods, as on 15.11.2017 For ease of reference only

The CGST rates on certain goods have undergone changes since the introduction of GST. The rate changes are given effect through amending notifications issued from time to time. A need has been felt to publish a consolidated rate schedule in a single document for ease of reference. Accordingly, this document has been prepared indicating updated CGST rates as on 15.11.2017. This document is only for ease of reference and relevant notifications will only have legal authority.

UPDATED CGST RATES SCHEDULES FOR GOODS AS ON 15.11.2017

1. CGST rates on goods as on 15.11.2017 [notification No.1/2017-Central Tax (Rate), dated 28th June, 2017, as amended from time to time]

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Our team can assist you for all your GST queries, clarifications, compliance, return filling. Click Here.

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BITCOIN

The Cryptocurrency and the Blockchain
Bitcoin (“BTC”) is the beginning of something great: a currency without a government, something necessary and imperative.

What is a Bitcoin?
Bitcoin is a worldwide cryptocurrency and digital payment system called the first decentralized digital currency. It is a form of virtual currency which was invented by an unknown programmer or a group of programmers, under a mysterious name Satoshi Nakamoto and released as opensource software in January 2009.

It is a digital currency that is not backed by any country’s central bank or government. This means that it is decentralised and has no central authority controlling it. Like currency notes, it can be sent from one person to another, but without a central bank or the government attempting to track it. Bitcoins can be traded for goods or services with vendors who accept Bitcoins as a payment.

This Bitcoin system is peer-to-peer, users can transact directly without an intermediary. The transactions are made by digitally exchanging anonymous, heavily encrypted hash codes across a peer-to-peer network. These transactions are verified by network nodes and recorded in a public distributed ledger.

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23rd GST Council Meeting

Lates changes in GST 23rd council meeting

In the 23rd GST Council Meeting, GST rate reduction for various goods and services was announced. A major highlight of the 23rd GST Council Meeting was the reduction of GST rates for various goods listed under the 28% slab. The GST rates changes will tremendously reduce the tax burden on the common man and boost the economy. In this article, we look at a summary of GST rate changes announced in the 23rd GST Council Meeting held on 10th November 2017.

Highlights of the 23rd GST Council Meeting

The goods and services on the 28% slab list were severely reduced to a mere 50 from the previous 228 items, which brought smiles to many faces.  The items remaining on the trimmed list now only include luxury and “sin” goods.

Additionally, restaurants will only be taxed at 5%, however, input tax credit will not be available.  This reduction will benefit consumers directly with an increase in online food ordering and eating out.

Moreover, the penalty fee for late filing was drastically reduced from Rs200/day to Rs20/day.

Nepal and Bhutan exporters can now avail of input tax credit on output services, also.

The central government will take care of the compliance for diplomatic mission/UN organization, who will each be issued UIN.

A manual filing process for advance ruling, on future or completed transactions, has been introduced.

Registration exemption of service providers whose aggregate turnover is less than Rs. 20 lakhs (Rs. 10 lakhs for special states) now includes e-commerce operators, interstate and intra-state suppliers.

The Recommendations from the 23rd GST Council Meeting

Filing of returns to be simplified

  • Taxpayers should file the returns on Form GSTR-3B with the payment of tax by 20th of every month till March 2018.
  • Filing of form GSTR-2 and GSTR-3 suspended from the current financial year. However, filing of GSTR-1 will continue for the entire period.
  • Taxpayers will be divided into two categories for filling of details in the Form GSTR-1. They are:
    1. Taxpayers with annual turnover upto or below Rs.1.5 crore need to file GSTR-1 on a quarterly basis.
    2. Taxpayers with annual turnover more than Rs.1.5 crore need to file GSTR-1 on a monthly basis.
  • Facility for the manual filing of the application for the advance ruling introduced for the time being.

Penalties reduced

  • A large number of taxpayers were unable to file their returns in Form GSTR-3B within due date of July, August, and September 2017.Late fee waived in all such cases.It has been decided that where such late fee was paid, it will be re-credited to their Electronic Cash Ledger under “Tax” head instead of “Fee” head so as to enable them to use that amount for the discharge of their future tax liabilities. The software changes for this would be made and thereafter this decision will be implemented.
  • For the succeeding months i.e. October 2017 onwards, the amount of late payable by a taxpayer whose tax liability for that month was “NIL” will be Rs.20 per day (Rs. 10 per day each if it is under CGST AND SGST Acts). Earlier it was Rs.200 per day(Rs. 100 per day each if it is under CGST AND SGST Acts).

GST Rate Reduced from 28% to 12%
For the following goods, GST rate has been reduced from 28% to 12%:

  • Wet grinders consisting of stone as grinder
  • Tanks and other armoured fighting vehicles

GST Rate Reduced from 18% to 12%
For the following goods, GST rate has been reduced from 18% to 12%:

  • Condensed milk
  • Refined sugar and sugar cubes
  • Pasta
  • Curry paste, mayonnaise and salad dressings, mixed condiments and mixei seasoning
  • Diabetic food
  • Medicinal grade oxygen
  • Printing ink
  • Hand bags and shopping bags of jute and cotton
  • Hats (knitted or crocheted)
  • Parts of specified agricultural, horticultural, forestry, harvesting or threshing machinery
  • Specified parts of sewing machine
  • Spectacles frames
  • Furniture wholly made of bamboo or cane

GST Rate Reduced from 18% to 5%
For the following goods, GST rate has been reduced from 18% to 5%:

  • Puffed rice chikki, peanut chikki, sesame chikki, revdi, tilrevdi, khaza, kazuali, groundnut sweets gatta, kuliya
  • Flour of potatoes put up in unit container bearing a brand name
  • Chutney powder
  • Fly ash
  • Sulphur recovered in refining of crude
  • Fly ash aggregate with 90% or more fly ash content

Conclusion

Mostly, the decisions rendered during the latest GST council meeting were met with smiles and applause.  The cuts and extensions will help to increase compliance, as implementation of GST had left many confused and frustrated business owners in its wake.  However, by adopting the help of the experts at H&R Block to delve into the new GST processes, business owners can once again continue to focus their energy and efforts into what they love most, which is developing their business and increasing their customer base.

If you have any query regarding this Click Here.

tax adviser in india

AJSH & Co LLP: Getting GST Ready

Midson Entrepreneur Network is a platform for entrepreneurs to collectively grow, learn and collaborate. Recently, a Diwali Special Meeting has been organized to bring together the trusted people and create Networking, Learning and Business Opportunities.

Ankit Jain, Director of AJSH & Co LLP, presented a talk on GST – Implementation Challenges & Remedies. The presentation covered the important aspects of the recent changes facilitated by GST council, GST on Services from Goods Transport Agency (GTA), GST on Job Work, Sale of Pre GST stock, GST on Exports, E-way Bill, Reverse Charge Mechanism, Increased Compliances and Challenges, Other Challenges, etc.

Mr. Jain guided the mass to combat the initial challenges of GST implementation by taking professional consultancy, using appropriate software for return filing and get the Get LOU issued for exporting without payment of IGST.

Below are the few glimpses of the meeting held in Caspia Hotel (Premier Inn):

Tax adviser in India

tas adviser in india

Tax Planning With Mutual Funds

Mutual fund is an investment programme funded by shareholders that trades in diversified holdings and is professionally managed.Your Fixed Deposit may be offering decent returns with little option for liquidity, while the stock market may give you decent returns with easy liquidity and slightly higher probability of losses. A Mutual Fund is a fine balance between the two offering you good returns while providing you with decent liquidity.

Tax saving mutual fund schemes or ELSS (Equity Linked Savings Schemes) are one of the best tax-saving option available under Section 80C, qualifying for up to Rs.1.5 Lakh of income tax deductions. Similar to other tax saving options, ELSS also comes in with a mandatory 3 year lock-in period.Always consider the taxation policy before investing.

Funds are invested in the equity markets in such a way that even if one investment incurs losses, the other investment manages to mitigate the loss. Despite this, investment in stocks may inherently be volatile and should be done only after assessing your risk appetite. Also, even though ELSS has a mandatory 3 year lock-in period, investment should be done if you are open to 5-7 years of investment horizon as they can offer superior returns over a long period.

Some tax-saving schemes are as follows:

  • Tata India Tax Savings Fund – Direct (G)
  • L&T Tax Advantage -Direct (G)
  • Aditya Birla SL Tax Plan Direct-G

With professionally managed Mutual Funds, you can be assured that your investments are managed by people with many years of experience with market analysis. They will have enough knowledge to take calls on buying and selling those stocks and other investments. This is particularly helpful if you do not have the knowledge or time to handle individual stock or fixed-income investments.

If you are new to the entire investment scenario, it is advised to seek professional help. Professionals can advise on the available range of viable investmentsand will help you chalk out your entire investment plan. We canalso assist you with our tax advisory services at AJSH & Co LLP.

If you have any query regarding this Click Here.