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Government accepts recommendations of A P Shah panel

02 Sep 2015 Evaluate

Amid the market slump and exodus of the foreign funds from the country, the government giving much needed relief has accepted the recommendations of A P Shah-led panel that minimum alternate tax (MAT) is not applicable to foreign institutional investors (FIIs), a move which is expected to boost investor confidence and help sentiment in the financial markets after FIIs pulled out more than Rs 17,555 crore ($2.65 billion) from India during August.

Finance Minister Arun Jaitley said that the government has decided to waive the controversial minimum alternate tax (MAT) on capital gains made by Foreign Institutional Investors, (FIIs) prior to April 1, 2015. He added that “The Justice A.P. Shah Committee has said that there is no legal basis for levying 20 per cent MAT on past capital gains …. it is not leviable.” The Income Tax department has slapped notices on 68 FIIs demanding MAT dues of Rs 602.83 crore for previous years to April 1, 2015.

The Justice Shah panel which was appointed by the government to go into the question of levy of MAT on capital gains made by FIIs, in its report has said that castleton ruling was completely wrong and that the domestic legislation failed to specify any method for taxing book profits of FIIs/FPIs. It further added that taxing foreign income in the company's book profits would be contrary to the principle of territorial nexus. The report, however, left out from its scope MAT on foreign companies having private equity (PE) in India.

Government has stated that the AP Shah committee has recommended that section 115JB of the Income-tax Act may be amended to clarify the inapplicability of MAT provisions to FIIs/FPIs. Alternatively, the committee has suggested that a circular may be issued clarifying the inapplicability of MAT provisions to FIIs/FPIs.

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