SPOTLIGHT ON INDIAN ELECTRONICS Spotlight on Indian Electronics | Page 56

ESDM & FDI QUERIES
4 .
Central Sales Tax ( Interstate
Spotlight
Rate is 2 on % Indian or local Electronics Value Added 2016 Tax | rate 01
applicable in the State from where
goods are sold within India
Rate is 2 % or local Value Added Tax rate applicable in the State from where goods are sold within India
Taxes at State Government Level S . No . Type of Tax Company BO / LO / PO 1 .
Value Added Tax
Different Rate of taxes on different goods generally 1 %, 5 % and 12.5 %
Different Rate of taxes on different goods generally 1 %, 5 % and 12.5 %
2 .
Entry Tax / Octroi ( If applicable )
Certain states impose entry tax / octroi in specific goods
Certain states impose entry tax / octroi in specific goods
3 .
Property Tax
Property tax / real estate tax is payable as per local municipal laws on commercial and residential property owned .
Property tax / real estate tax is payable as per local municipal laws on commercial and residential property
4 .
Profession Tax
Certain states in India levy a profession tax on employees
Certain states in India levy a profession tax on employees
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Most of the indirect taxes are cenvatable that is it available
( www . itatonline . org / info /? dl _ id = 1215 )
for set-off
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The government of India has notified safe harbor rules in
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The exact rate of import duty can be calculated from the
case of transfer pricing the detailed rules can be seen from
calculator available at the following link-
the following link-
( https :// www . icegate . gov . in / Webappl /)
( http :// law . incometaxindia . gov . in / DIT / File _ opener . aspx ? pa
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The basic rate of duty for project imports is 7.5 %
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Direct taxes : Direct taxes are of following types :
Corporate tax ( Taxes on net income ), minimum alternate tax ( in case company gets exemption on corporate tax ), tax on royalty / fee for technical services , dividend distribution tax , withholding tax , withholding tax on interest etc .
Carry forward of losses are allowed for 8 years and companies are allowed to have depreciation and amortization allowances .
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Minimum Alternate Tax : Indian tax law requires MAT to be paid by corporations on the basis of profits disclosed in their financial statements in cases where the tax payable according to the regular tax provisions is less than 18.5 % of their book profits
( plus surcharge and education cess ). However tax credit ( in case MAT paid is more than tax payable as per normal
Transfer Pricing : Any international transaction between two or
provisions of the ACT ) is allowed to be carried forward for 10
more associated enterprise must be at arm ’ s length price .
years .
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India also has advance pricing arrangements option which
Withholding Tax : Businesses need to withhold tax on specified
help in avoiding into entering into any dispute with tax
payments viz salary , contractual , brokerage , commission ,
authorities .
professional fee etc .
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The FAQ on APA ’ s can be seen from the following link-
Taxes at Central Government Level : ( Direct Taxes ) S . No . Type of Tax Company BO / LO / PO
1 . Tax on Profits ( Income Tax ) -Financial Year 2013-14 ( From April 2013 to March 2014 )
If income is less than INR 10 million than rate is 30.9 %, If income is between INR 10 million to INR 100 million then rate is 32.44 % and if income exceeds INR 100
If Income is less than INR 10 million than rate is 41.2 %, If income is between INR 10 million to INR 100 million then rate is 42.02 % and if income exceeds INR 100 million then tax rate is 43.26 %
2 . Personal Income Tax As per slabs of income As per slabs of income
3 .
Tax on distributed profits
Rate is 16.99 % -on distribution of
dividends by the Indian company
4 .
Wealth Tax
A company is liable to pay tax on certain
assets such as motor car , etc in excess
of INR 3 million in India @ 1 %
No tax on distributed profits
A project Office is liable to pay tax on certain assets such as motor car , etc in excess of INR 3 million in India @ 1 %
Spotlight on Indian Electronics 2016 | 56