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Income-tax department puts on hold fresh notices for MAT

12 May 2015 Evaluate

Government worried over the recent outflow of the foreign funds and sending a strong signal to overseas investors that it was committed to a non-adversarial tax regime has tried reassuring investors that its officials won’t be prejudiced. The income-tax department has asked its officials not to press foreign portfolio investors (FPIs) for payments until a committee set up by the government to deliberate on the contentious levy came up with its findings. Fresh notices will only be issued in those cases that could become time-barred.

The Central Board of Direct Taxes (CBDT) directed its field officials that they should put on hold any action against foreign investors to recover taxes by invoking MAT provisions, pending the findings of the panel headed by Justice AP Shah. Finance minister Arun Jaitley has said the government would consider the recommendation of the committee and take an appropriate decision as soon as possible.

There was widespread concern over Foreign Portfolio Investors facing MAT demand and global rating agency Fitch recently said the controversy may prompt FPIs to think twice before investing in India.

Going further, the finance ministry may announce more measures to take the sting out of the minimum alternate tax (MAT) row that has got foreign investors up in arms. The finance minister has said that he had provided relief from MAT to FPIs with prospective effect, starting this financial year. He added that in view of a ruling given by the Authority of Advance Rulings in 2012, it was not possible to provide any retrospective exemption. The Income Tax Department had issued notices to 68 FIIs totalling Rs 602 crore for nonpayment of MAT at the rate of 20 per cent for profits earned.

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