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    The judgment of apex court in the case of Formula One World Championship Limited vs Commissioner of Income-Tax (International Taxation)-3, Delhi reported in [2017] 80 347 (SC) (FOWC)has far reaching implications not only the income tax, but also under the service tax laws or Good & Services Tax (GST) laws. In this article, we try to explore the judgment of the apex court in the said case from the perspective of GST laws. 

    The concept of ‘Permanent Establishment’ (PE) under the Income Tax laws is maturing day by day as the matters requiring interpretation of tax treaties are reaching the doors of apex court. The said concept of ‘Permanent Establishment’ even appears in the service tax laws or GST laws, the same was not used or tested by the indirect tax authorities, since the said concepts were brought into the statute book only from 01.07.2012, through place of provision of service rules or under GST laws through Section 2 read with Section 12 and Section 13 of Integrated Goods & Services Tax Act, 17 (IGST Act). Since, the concept of PE is attaining maturity under one law, it is only matter of time, when such concept would be used under the indirect tax laws to garner the revenue.


    The term ‘income’ defined under Section 2(24) of Income Tax Act, 1961 (ITA/Act) is inclusive one. Charge of tax on income is subject to exemptions provided in Section 10 of ITA, 1961. The receipts mentioned in various clauses of Section 10 are not included in computing gross total income there by not part of taxable income for computing tax liability. 

    First receipt mentioned in Section 10, is income from agriculture. Sec 2(1A) has defined term ‘agricultural income’.Explanation 1 of this section provides that transfer of rural agricultural land is agriculture income. 

    Section 45 of Act provides that transfer of capital asset as defined under Section 2(14) is chargeable to tax in the year in which year in which transfer takes place. The definition of term ‘capital asset’ excludes rural agricultural land from its scope. Hence transfer of rural agricultural land is not subject to tax under Section 45 of Act. 

    Full value consideration arising from transfer of capital asset must be considered for the purpose of computing capital gain under Section 48 of Act. Sec 50C of Act provides that for the purpose of computing capital gains the value adopted or assessed or assessable by the Stamp Duty Authority or higher amount is deemed to be full value consideration for computing capital gains. 


    1. Background 

    In keeping with India’s commitment to implement the recommendations of Action Plan 13 of Base Erosion and Profit Shifting (BEPS), the Finance Act, 2016 introduced Section 286 of Income-tax Act, 1961 (the Act) providing for furnishing of Country-by-Country Report (CbCR) in respect of an International Group. 

    Section 92D of the Act which contained provisions for preparing TP documentation was also amended to provide for keeping and maintaining of Master File. 

    In continuation with the amendment, the Central Board of Direct Taxes (CBDT) on 6 October 2017, released the draft rules and forms in relation to manner of preparation and furnishing of Master File and CbCR. It is commendable, on part of CBDT, to consistently follow an inclusive approach and seeking public comments when introducing a new and important regulation. 


    1. What is Scrutiny? 

    Once the assessee files his return of income, irrespective of whether it is filed within the due date or in pursuance to a notice requiring the assessee to file his return U/s 142 , the department can initiate scrutiny proceedings if it has reason to believe that income is escaping has escaped assessment . 

    1. What is Scrutiny Assessment? 

    ‘Scrutiny Assessment’ means picking up the returns on a *scientific basis and then making detailed checking of the assessee’s return in order to make sure that: 

    1. The assessee has not concealed/understated any income
    2. The assessee has not claimed excess loss
    3. The assessee has not underpaid tax
    4. The assessee has not claimed excess refund. 

    *Scientific basis means the various criteria prescribed by Central Board of Direct Taxes (CBDT) on the basis of which the returns are to be picked up for scrutiny.

    Computer Assisted Scrutiny Selection System (CASS) picks up the returns for scrutiny which meets those criteria.


    What is Fixed Assets?

    FixedAssets are defined as the Assets held with the intention of being used for the purpose of producing orproviding goods or services and is not held for sale in the normal course of business. 

    Whichare expected to be used for moret han 1 accounting period. Some of the Examples are: 

    • Buildings o Furniture 

    o Machinery & Equipment o Computer 

    o  Vehicles. 

    Audit Objective: 

    Toensure Proper records relating to Fixed Assets are being maintained vToensure that only capital Expenses are being capitalized 

    ToValidate the correctness, accuracy and completeness of depreciation calculated and compliance of schedule II of Companies Act, 2013. 

    Compliance of relevant Accounting Standards/IND AS applicable. vCompliance of disclosure requirements as per schedule III of Companies Act,2013