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Calcutta High Court Rules: Cellular Service Providers Not Required to Deduct TDS on Distributors’ Income

In a significant ruling, the Calcutta High Court has determined that cellular mobile service providers are not obligated to deduct tax at source (TDS) on income received by their distributors or franchisees from customers.

The bench, consisting of Justice Surya Prakash Kesarwani and Justice Rajarshi Bharadwaj, based their decision on a precedent set by the Supreme Court in the case of Bharti Cellular Limited vs. Assistant Commissioner of Income Tax Circle-57, Kolkata. The Supreme Court had ruled that service providers are not legally required to deduct TDS on the income or profit component received by distributors or franchisees from third parties or customers, including proceeds from the sale of pre-paid coupons or starter kits.

Vodafone Idea Limited, the petitioner in this case, is a prominent Indian telecommunications company headquartered in Mumbai and Gandhinagar. It operates as an all-India integrated GSM operator, offering extensive mobile telephony services nationwide.

The issue under consideration was whether Vodafone Idea, through its agreements with distributors, was obligated to comply with Section 194H of the Income Tax Act, 1961, which pertains to TDS on commission or brokerage payments. The court’s interpretation, following the Bharti Cellular case, resolved in favour of Vodafone Idea, emphasising that the discounts provided to distributors for prepaid SIM cards and recharge coupons do not necessitate TDS deductions.

Section 194H of the Income Tax Act mandates TDS on commissions or brokerages paid to residents, but it does not apply to transactions where the payment structure does not involve such commissions or brokerages.

This ruling clarifies the tax liabilities of telecommunications companies regarding their distributor networks, ensuring compliance with tax laws while protecting business operations from unnecessary financial burdens. It establishes a precedent that aligns with judicial interpretations aimed at balancing regulatory requirements with commercial practices in the telecom sector.

Chennai CESTAT Rules: No Service Tax on TDS for Foreign Service Providers

The Chennai Bench of the Custom, Excise, and Service Tax Appellate Tribunal (CESTAT) has delivered a significant ruling stating that no service tax is applicable on Tax Deducted at Source (TDS) paid for payments made to foreign service providers. This ruling clarifies a contentious issue in tax compliance for service providers engaging with international entities.

According to the tribunal, TDS deposited to the Income Tax Department concerning payments to foreign service providers, which exceed the invoice value of services, does not attract service tax. The bench, comprising P. Dinesha (Judicial Member) and M. Ajit Kumar (Technical Member), emphasised that this interpretation upholds clarity in tax liabilities for service providers under various categories like intellectual property rights and technical consulting services.

The case involved an appellant who had paid royalties to Chevron Oronite Company LLC, USA, and had already remitted service tax on the full consideration paid to the foreign entity. However, the appellant had not accounted for the TDS portion separately in their service tax filings. This discrepancy led to show cause notices and subsequent penalties imposed by the tax authorities.

In defense, the appellant argued that under their agreement with Chevron, the service tax was paid on the entire consideration before deducting TDS, which was separately remitted to the Indian government.

The tribunal’s ruling underscored that TDS payments are not to be considered as part of the taxable service value under Section 67(1)(a) of the Finance Act, 1994. It highlighted that unless specifically mandated by legislation, such payments should not incur double taxation under service tax laws.

By affirming that service tax does not apply to TDS remitted on behalf of foreign service providers, the tribunal has provided clarity and relief to taxpayers navigating complex tax regulations concerning international transactions. This decision sets a precedent in ensuring adherence to legal obligations without subjecting taxpayers to unintended tax liabilities.

Kotak Mahindra Bank Considers Legal Action Against Kingdon Amidst Allegations of Misleading Information

Kotak Mahindra Bank is scrutinising potential legal action against Kingdon Capital amidst allegations that the firm misled the bank regarding its ties to Hindenburg Research. Sources familiar with the matter revealed that Kotak is assessing whether Kingdon’s declarations were misleading, particularly concerning its trades in Adani group entities.

‘Based on our evaluation, Kotak will decide on pursuing legal recourse against Kingdon,’ one source disclosed. The scrutiny comes following a show-cause notice from India’s Securities and Exchange Board (Sebi) to Kotak, questioning the bank’s facilitation of a Foreign Portfolio Investor (FPI) license for Kingdon Capital.

Kingdon Capital purported that its transactions with Adani were solely ‘principal trades,’ permissible under current regulations for offshore funds. However, a Sebi investigation disclosed a profit-sharing arrangement between Kingdon and Hindenburg Research, suggesting Kingdon’s trades may have involved investments on behalf of Hindenburg, contravening FPI norms.

Email queries to Kotak Mahindra Bank and Kingdon Capital remained unanswered at the time of reporting.

The Sebi notice to Hindenburg, made public by the US-based short-seller, highlighted Kingdon Capital’s acquisition of an FPI entity through a Kotak subsidiary, allegedly used for short positions in Adani Enterprises.

‘The fund knew that disclosing its ties with Hindenburg could endanger the FPI account setup, as only principal trades are permissible. Hence, there’s suspicion that Kingdon intentionally concealed these links,’ another source familiar with the matter remarked.

‘In their declarations, Kingdon asserted these were principal trades. These issues require careful scrutiny, and Kotak will consider all legal avenues based on our assessment,’ the source added.

ITR Filing 2024: Key Information on Banks, Refunds, and Notices

With the July 31 deadline for filing your income tax returns (ITR) fast approaching, taxpayers need to be aware of the online tax payment options through the e-filing portal. If your tax liability exceeds the tax deducted at source (TDS) paid during the year, you’ll need to settle the outstanding amount through one of the 28 authorised banks, including Axis Bank, HDFC Bank, ICICI Bank, and State Bank of India.

List of Authorised Banks for Tax Payments

  • Axis Bank
  • Bandhan Bank
  • Bank of Baroda
  • Bank of India
  • Bank of Maharashtra
  • Canara Bank
  • Central Bank of India
  • City Union Bank
  • DCB Bank
  • Federal Bank
  • HDFC Bank
  • ICICI Bank
  • IDBI Bank
  • Indian Bank
  • Indian Overseas Bank
  • IndusInd Bank
  • Jammu & Kashmir Bank
  • Karur Vysya Bank
  • Kotak Mahindra Bank
  • Karnataka Bank
  • Punjab National Bank
  • Punjab & Sind Bank
  • RBL Bank
  • State Bank of India
  • South Indian Bank
  • UCO Bank
  • Union Bank
  • Dhanlaxmi Bank

Refund Process

If your TDS and tax collected at source (TCS) payments exceed your tax liability, the Income Tax Department will issue a refund. Typically processed within a few days or weeks, refunds are credited to the bank account linked to your e-portal account. According to tax professionals, processing income tax returns usually takes 15 to 45 days from the date of e-verification, though offline verification (ITR-V form) may take longer.

‘The time taken by the tax department to process a return can vary widely,’ said Amit Bansal, Partner – Direct Tax at Singhania & Co. ‘While some returns are processed the same day or within a month, others may take six months to a year, depending on the department’s discretion and efficiency.’

After processing an ITR, taxpayers receive an Intimation under Section 143(1) of the Income Tax Act, 1961. No intimation can be issued after nine months from the end of the financial year in which the return was filed. For ITRs filed for FY 2023-24 (AY 2024-25), taxpayers should expect this notice by December 31, 2024.

What to Do if Your ITR Isn’t Processed?

If your ITR isn’t processed in a timely manner, you can lodge a complaint via the ‘Grievance’ tab on the income tax portal or contact the Central Processing Centre (CPC) helpline.

Factors Affecting ITR Processing Time

Several factors can influence the time it takes to process your ITR, including:

  • The type of ITR form used
  • The complexity of the return
  • The number of claims for deductions or exemptions
  • Whether these claims are already covered in Form 16

Simpler forms like ITR-1, used by individuals with straightforward income, are processed faster than more complex forms like ITR-3, which involve business or professional income.

Intimations After ITR Processing

Once your ITR is processed, you’ll receive an intimation notice under Section 143(1), which can indicate one of the following:

  • Intimation for Tax Demand: If discrepancies are found, you may be asked to pay additional tax due to errors or adjustments.
  • Intimation for Tax Refund: If no issues are found, a refund is issued or adjusted if necessary.
  • No Demand or Refund: If the return is processed without changes affecting tax liability, no further action is required.

By understanding these timelines and potential outcomes, you can better navigate the ITR filing process and address any issues promptly.

Income Tax Return Verification: All You Need to Know

Verifying your Income Tax Return (ITR) is a vital step in completing the tax filing process in India. The Income Tax Department provides multiple methods to verify your ITR, both online and offline.

Key Deadline: The last date for filing ITR for the financial year 2023-24 (assessment year 2024-25) is July 31, 2024, for most individual taxpayers not requiring an audit.

Why Verify ITR?

Verification ensures the authenticity of your tax return, helps the Income Tax Department process returns efficiently, and prevents fraud.

Methods to Verify Your ITR:

E-Verification Using Aadhaar OTP

  • Link Aadhaar with PAN.
  • Ensure your mobile number is registered with Aadhaar.
  • Select Aadhaar OTP under e-verification.
  • Enter the OTP sent to your registered mobile number on the e-filing portal.

E-Verification Using Net Banking

  • Log in to your bank’s net banking portal.
  • Find the e-verify ITR option, usually under the tax section.
  • Select the relevant ITR form to proceed.
  • You will be redirected to the e-filing portal, and your ITR will be verified.

E-Verification Using Bank Account

  • Pre-validate your bank account on the e-filing portal.
  • Select the bank account option under e-verification.
  • An Electronic Verification Code (EVC) will be sent to your registered mobile number.
  • Enter the EVC on the portal to complete verification.

E-Verification Using Demat Account

  • Pre-validate your Demat account on the e-filing portal.
  • Select the Demat account option under e-verification.
  • An EVC will be sent to your registered mobile number.
  • Enter the EVC on the portal to complete verification.

E-Verification Using ATM

  • Visit an ATM of a participating bank.
  • Swipe your ATM card and select the option to generate an EVC for income tax filing.
  • Enter the EVC sent to your registered mobile number on the e-filing portal.

Verification Using Digital Signature Certificate (DSC)

  • Obtain a DSC from a certified vendor.
  • Register the DSC on the e-filing portal.
  • Attach the DSC file while filing the ITR for automatic verification.

Physical Verification by Sending ITR-V to CPC, Bengaluru

  • Download the ITR-V (Acknowledgment) from the e-filing portal.
  • Sign the ITR-V in blue ink.
  • Send the signed ITR-V to the Centralised Processing Center (CPC) in Bengaluru via ordinary or speed post within 30 days of filing.

Address:

Centralised Processing Center, Income Tax Department, Bengaluru – 560500, Karnataka, India.

Important Reminders:

  • Verify your ITR within 30 days of filing.
  • The Income Tax Department’s website provides a guide on e-verifying your return using any of these methods here.
  • Electronic verification is instant and preferred over mailing the ITR-V form.

Steps to Download ITR-V:

  • Log in to the e-filing portal.
  • Go to the ‘View Returns/Forms’ section.
  • Download the ITR-V for the relevant assessment year.

Ensure your contact details, especially mobile numbers and email addresses, are correctly updated in your profile on the e-filing portal.

Mercedes-Benz Backs India’s EV Push with a $500 Million Investment—But There’s a Catch

Mercedes-Benz, one of the first major carmakers to express interest in India’s new EV policy, has given conditional support to the program. The German luxury brand is ready to invest $500 million, but only if the government guarantees the current 5% GST on electric vehicles for the next ten years.

‘We need to see whether it makes sense… Investments can be done only if the tax advantage of 5% GST on EVs will continue for the next ten years… that gives us confidence,’ Mercedes India MD & CEO Santosh Iyer told the news portal. ‘This will prompt us to do a business case to start with. Today, there is no business case.’

Mercedes has been a pioneer in electric mobility in India, aiming to offer a portfolio of six green cars. Currently, its electric range includes the EQS limousine, EQB MPV, and EQE SUV, all assembled at its factory outside Pune. The company is also set to launch its smallest electric SUV, the EQA, and is planning to introduce the EQS Maybach and electric G Class SUVs to the market soon.

Iyer emphasised the importance of government support for the growth of green mobility in India through a favourable tax structure. ‘On our part, we will do everything possible to accelerate the transition to EVs through our six models,’ he said.

Addressing the issue of inadequate charging infrastructure, Iyer called for collaboration between companies and service providers to create a dense network of charging stations. ‘Moreover, like the telecom industry and mobile tower sharing, infrastructure for electric chargers can also be common and pooled,’ he suggested.

Iyer also highlighted the critical role of government support as India moves aggressively towards carbon neutrality. ‘Emission neutrality is needed. The road to a carbon-free ecosystem will come from zero emissions, where the answer is electrification,’ he stated.

As Mercedes-Benz eyes the future of electric mobility in India, the company’s conditional commitment underscores the need for stable and supportive policies to foster long-term investments and innovation in the EV sector.

DPIIT Recommends Scrapping Angel Tax For Startups

With the Union Budget set for release later this month, the Department for Promotion of Industry and Internal Trade (DPIIT) has recommended removing the contentious angel tax for startups. DPIIT Secretary Rajesh Singh stated, ‘Based on consultations with the startup ecosystem, we have recommended this in the past and this time as well.’

However, these recommendations are not binding, and the final decision rests with the finance ministry. DPIIT has sent written inputs from industry associations to the finance ministry for consideration. Singh emphasised, ‘Ultimately, the finance ministry will take the integrated view on angel tax. It’s just an input from our side. We have done it several times.’

It is levied at over 30%, is payable on capital raised by unlisted companies if the value of shares issued exceeds their fair market value (FMV). TV Mohandas Pai, partner at Aarin Capital and former CFO of Infosys, described angel tax as a ‘constant blot’ in an otherwise bright decade for India’s startup ecosystem. ‘The Modi government should repeal the law to eliminate angel tax,’ Pai urged, emphasising the need to resolve disputes promptly and avoid unnecessary complications.

Introduced in 2012 under Section 56(2)(viib) of the Income Tax Act, 1961, the angel tax aimed to curb shell companies and black money circulation. However, since 2016, tax officials have targeted startups with notices demanding angel tax, questioning their valuation methods and revenue projections. 

In response, the Centre introduced G.S.R 127(E) guidelines in February 2019, allowing startups to seek exemptions from angel tax. Yet, only 10,939 startups have applied for exemption out of the 1.14 lakh registered with the department.

The industry stakeholders argue that the tax regime has failed to distinguish between genuine and fraudulent cases, and the repeal of the angel tax could foster a more conducive environment for startups in India.

TV Mohandas Pai, among other industry leaders, has underscored the need for legislative reform to eliminate what he describes as a hindrance to the thriving startup ecosystem. The Centre’s introduction of G.S.R 127(E) guidelines in 2019 aimed to alleviate these concerns by providing exemptions, yet the uptake remains limited, suggesting persistent challenges in implementation and clarity.  Vakilsearch stands ready to support startups navigating the complexities of India’s tax landscape, including ITR filing. Opt for Vakilsearch for accurate and hassle free Tax filing. 

 

MahaRERA Orders Builders to Have 3 Bank Accounts Per Project

The Maharashtra Real Estate Regulatory Authority (MahaRERA) has introduced a new mandate requiring builders and developers to maintain three separate bank accounts for each project. Effective from July 1, these accounts are the Collection Account, the Separate Account, and the Transaction Account. 

This decision follows a discussion paper on the maintenance and operation of bank accounts for registered projects, which sought suggestions and objections from stakeholders on  15 March 2024.

Three Bank Accounts for Every Project

Collection Account: Builders must maintain a Collection Account in a scheduled bank for each registered project. The account name should include the promoter’s name and the project name (e.g., Name of Promoter + Collection Account for + Project Name). All payments from homebuyers, excluding taxes and pass-through charges, must be deposited into this account.

Separate Account: Builders must establish a Separate Account in a scheduled bank for each registered project. The account should be named in the format Name of Promoter (Account holder) + Separate Account for + Project Name. Seventy percent (70%) of the collected amount should be automatically transferred into this account.

Transaction Account: Builders must establish a Transaction Account in a scheduled bank for each registered project. The account should be named in the format Name of Promoter (Account holder) + Transaction Account for + Project Name. Thirty percent (30%) of the collected amount should be automatically transferred into this account.

The introduction of the Collection Account, Separate Account, and Transaction Account is a strategic move to streamline financial operations for registered projects. The Collection Account serves as the primary repository for all payments from homebuyers, excluding taxes and pass-through charges. 70% of these funds are then directed into the Separate Account, dedicated to covering construction and land-related expenses. The remaining thirty percent is transferred into the Transaction Account, designated for operational expenses and other project-related costs.  

Vakilsearch offers comprehensive solutions to assist builders and developers in complying with MahaRERA’s new mandate. Our services include MahaRERA registration. By partnering with Vakilsearch, builders can focus on their core activities, confident in the knowledge that their financial management practices meet MahaRERA’s standards for transparency and accountability. Our team provides ongoing support and guidance, helping you navigate the complexities of real estate financial regulations and achieve successful project outcomes.

WIPO Data Reveals That Inventors Based in China Are Filing the Most GenAI Patents

China-based inventors are dominating the generative artificial intelligence (GenAI) patent landscape, significantly outpacing their counterparts in the US, South Korea, Japan, and India, according to a new WIPO report. The ‘WIPO Patent Landscape Report on Generative AI’ highlights 54,000 GenAI inventions from the past decade, with over 25% emerging just in the last year.

GenAI, which enables the creation of text, images, music, and computer code, is being utilised in various products including chatbots like ChatGPT, Google Gemini, and Baidu’s ERNIE. From 2014 to 2023, China produced more than 38,000 GenAI inventions, six times more than the second-place US. India, ranking fifth, showed the highest average annual growth rate among the top five at 56%.

WIPO Director General Daren Tang remarked, ‘GenAI is a game-changing technology with the potential to transform how we work, live, and play. This report helps policymakers and innovators understand and shape its development for our common benefit, ensuring human-centric innovation.’

Key findings of the report include:

  • 54,000 GenAI-related inventions and over 75,000 scientific publications from 2014 to 2023 
  • An eightfold increase in GenAI patents since 2017 
  • In 2023 alone, over 25% of all GenAI patents and 45% of scientific papers were published 
  • GenAI patents represent 6% of all AI patents globally.

Top GenAI patent applicants are led by Tencent (2,074 inventions), Ping An Insurance (1,564), Baidu (1,234), followed by IBM, Alibaba Group, and others. Image and video data dominate GenAI patents (17,996 inventions), followed by text (13,494) and speech/music (13,480). 

The diverse applications of GenAI patents span life sciences, document management, business solutions, manufacturing, transportation, security, and telecommunications. Future applications could expedite drug development, automate document management, enhance retail assistance systems, and optimise public transportation and autonomous driving systems.

This analysis uses simple patent families as a proxy for individual inventions, complementing WIPO’s 2019 Technology Trends publication on Artificial Intelligence. For businesses and innovators, the complexity of navigating the global patent landscape is intensified by the fast-evolving nature of GenAI technologies. It is essential for companies to have a robust IP strategy that not only ensures comprehensive protection of their inventions but also strategically positions them in the global market.

 Vakilsearch is dedicated to assisting businesses in navigating the intricate patent landscape. Our expert services encompass patent search, drafting, filing, and prosecution to help innovators secure their intellectual property rights effectively. By partnering with Vakilsearch, companies can ensure that their GenAI innovations are well-protected, enabling them to focus on advancing their technological capabilities and maintaining a competitive edge in the market. Our tailored solutions are designed to support businesses in leveraging their IP assets for sustainable growth and innovation.

 

Center for Investigative Reporting Files Lawsuit Against Microsoft and OpenAI for Copyright Infringement

The Center for Investigative Reporting (CIR) has filed a Copyright Infringement lawsuit against Microsoft and OpenAI, alleging they used CIR’s copyrighted material without permission or compensation to enhance AI products like ChatGPT. This follows similar legal actions by The New York Times and other media organisations.

CIR CEO Monika Bauerlein stated, ‘OpenAI and Microsoft started vacuuming up our stories to make their product more powerful, but they never asked for permission or offered compensation, unlike other organisations that license our material. This free rider behaviour is not only unfair, it is a violation of copyright. The work of journalists, at CIR and everywhere, is valuable, and OpenAI and Microsoft know it.’

The lawsuit claims that the unauthorised use of CIR’s content undermines its relationships with readers and partners, depriving it of rightful revenue. CIR joins a growing list of media entities, including publications owned by Alden Global Capital and The Intercept, in taking legal action against the tech giants.

In contrast, some media organisations, such as The Associated Press and the Financial Times, have signed licensing deals with OpenAI. An OpenAI spokesperson told CNBC, ‘We are working collaboratively with the news industry and partnering with global news publishers to display their content in our products like ChatGPT, including summaries, quotes, and attribution, to drive traffic back to the original articles. 

The frequent changes in the GST regime, the intricate cess structure, and the exclusion of major sectors like electricity, petroleum, and alcohol from the GST net further complicate the landscape. This scenario calls for businesses to be particularly vigilant about compliance and strategic tax planning to navigate the evolving regulatory framework effectively.

 Vakilsearch is well-positioned to assist businesses in addressing the complexities of the GST system. Our expert services include comprehensive GST compliance, strategic tax planning, and advisory support to help businesses optimise their tax liabilities and ensure adherence to regulatory requirements. By partnering with Vakilsearch, businesses can gain clarity and confidence in managing their GST obligations, thereby enhancing their financial performance and compliance posture.