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Bombay High Court Grants Exemption To Foreign Institutional Investors In Capital Gains Tax

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The Bombay High Court has granted exemption to Foreign Institutional Investors (FII) in the matter of capital gains from alienation of any property taxable in Singapore. The HC was hearing an appeal filed by the Commissioner of Income Tax, challenging the 2017 order of the Income Tax Appellate Tribunal in favour of M/s Citicorp Investment Bank (Singapore) Ltd for taxing capital gains of the firm in Singapore.

A division bench of Justices KR Shriram and Firdosh Pooniwalla, recently observed, “The Singapore authorities have certified that the capital gain would be brought to tax without reference to the amount remitted or received there. The assessing officer(AO) could not have come to a conclusion otherwise.”

Citicorp says they have FII debt segment with SEBI

According to Citicorp, a tax resident of Singapore, it’s an FII in debt segment with the Securities and Exchange Board of India. It filed its return on September 30, 2009, declaring total income of nearly Rs34 crore. In its return, it declared a capital gain of nearly Rs 86.62 crore on the sale of debt instruments and claimed exemption under Article 13(4) of the India-Singapore Double Taxation Avoidance Agreement (DTAA). During the assessment, the assessee was asked to explain as to how the provisions of Article 24 of DTAA stood complied in order to claim capital gain exemption in India.

Company says its is liable to pay tax in Singapore

The company contended that being an FII, it was liable to tax in Singapore on its worldwide income. Even the Singapore Revenue Authority has confirmed the taxation on the company. As per Article 13 (4) of DTAA, if the company is offering its worldwide income for taxation in Singapore then remittance of such income to Singapore has no relevance for the purpose of claiming benefit under the DTAA. The AO, however, rejected the certificate.

Singapore authorities confirm company liable to pay tax in the Southeast Asian country

Senior advocate PJ Pardiwalla, appearing for Citicorp, contended that the limitations of relief under Article 24 of the DTAA would only arise when the entire capital gain is taxed in Singapore on the remitted amount and not the entire amount. Since the Singapore authorities have also certified that under the Singapore Laws, the income derived by the assessee from buying or selling Indian Debt Securities would be considered under Singapore tax law as accruing in or derived from Singapore, such income would be brought to tax in Singapore.

International News

Bangladesh High Court orders high-level probe into power deals with Adani group amid supply cuts

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Bangladesh’s High Court ordered the formation of a high-level enquiry committee comprising international energy and law experts to reevaluate all electricity-related agreements with the Adani group, The Business Standard, a local news portal, reported on Tuesday, November 19.

The bench of Justices Farah Mahbub and Debasish Roy Chowdhury has reportedly ordered the cabinet secretary to form the committee within a month and submit the report to the court in the next two months. 

Adani Power shares closed 0.47 per cent lower at ₹524.10 on Tuesday’, compared to ₹526.60 at the previous market close. 

The court, while hearing a petition, asked why instructions should not be given to cancel the uneven agreements made with the Adani group. It also asked for the documents related to the signing of the deal within a month.

Barrister M Abdul Qayyum, representing the petitioner, filed the writ in the High Court asking for the cancellation of all electricity deals with Adani group. Adani signed the 25-year power purchase agreement in 2017; at that time, no imported coal-based power plants were operational in Bangladesh, as per the report.

Adani’s Bangladesh power supply

Adani group’s Bangladesh power is supplied from Jharkhand’s 1,600 MW power plant. The cost of power is $0.1008 per unit or Tk12 per unit, a Bangladesh Power Development Board official was quoted as saying in the report.

This rate is 27 per cent higher than the rate of India’s other private producers and as much as 63 per cent more than the Indian state-owned plants. 

After Adani Power cut the Bangladesh power supply by half over the unpaid dues, the company also set a deadline of November 7 to switch off the flow of electricity if there was no clarity on the settlement of the outstanding amount.

Bangladesh reportedly owes Adani almost $850 million. Adani group later clarified that it had not demanded the full payment in seven days, as per the report.

Shortage of Power

Bangladesh continues to face a shortage of electricity, increasing the risk of blackouts, even after making a partial payment to Adani group, according to a Bloomberg report on Tuesday. 

Adani Power has received a letter of credit for $170 million, easing pressures from lenders, reported the agency, citing two people aware of the development. The partial payment doesn’t resolve the crisis, but the company won’t halt supplies for now, pending talks with the lenders of the Godda thermal plant in Jharkhand, the officials said. 

“Payments should have been made by this time,” Ahsan H Mansur, governor of Bangladesh Bank, said in a phone interview on Friday as per the report. The central bank “issued an instruction for the payment”, Mansur had said earlier this week.

The Adani electric supply accounts for nearly 10 per cent of Bengladesh’s total supply. The power company reduced its supply further to 500 megawatts on Thursday after cutting it to 700 megawatts earlier, as per the data collected from Power Grid Bangladesh cited in the news report.

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National News

Chhattisgarh: 5 Maoists Killed, 2 Jawans Injured In Narayanpur Encounter; Visuals Surface

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Narayanpur: In a major anti-Maoist operation, at least five Maoists were killed during a fierce encounter with security forces in the dense forests of the Abujhmad region in Chhattisgarh Narayanpur district on Saturday.

The gunfight took place after security personnel received reports about the presence of Maoists in the area.

According to officials, a joint team of security forces launched a search operation early Saturday morning. Around 6 a.m., the forces came under heavy fire, leading to an intense gunfight that lasted nearly five hours.

Statement Of One Of The Jawans

One of the jawan, part of the searching team, said that approximately 20 Maoists were present there, with at least five of them killed during the encounter.

“We were a team of 1,439 personnel deployed in the search operation. The encounter lasted until around 11 a.m., during which several Maoists were also injured. I came back but the search operation is still going on to capture the remaining Maoists,” he said.

2 Security Personnel Injured

During the operation, two security personnel sustained injuries. One of them, identified as Khileshwar Gawade, suffered bullet wounds in the head and right hand, while the other, Hiraman Yadav, was hit in the thigh. Both injured personnel were immediately evacuated and airlifted to Raipur for further medical treatment. Officials have assured that their condition is stable.

Security personnel have so far recovered the bodies of five Maoists, along with some weapons. The process of identifying the dead Maoists is underway.

About Abujhmad Region

The Abujhmad region, which borders Maharashtra’s Gadchiroli district, is known for being a hotbed of Maoist activity. Just last month, security forces achieved an important victory by neutralising 31 Maoists in one of the most successful operations in Chhattisgarh’s history.

On the rising success of such operations, Inspector General of Police, Bastar Range, Sundarraj P., had, last week said that a total of 192 Maoists have been killed this year alone. Authorities believe that sustained pressure from security forces is gradually weakening the insurgents’ grip in the region.

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National News

Congress President Mallikarjun Kharge Slams BJP Over Infiltrator Issue In Jharkhand, Says ‘Ghuspetiya Andar Aa Rahe Aur Shah Sahab So Rahe’

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Jamtara (Jharkhand): As the BJP constantly evoked the issue of infiltration in Jharkhand, Congress President Mallikarjun Kharge said on Saturday that the BJP is scaring everyone in the name of infiltrators and when there is their government in the Centre, why can’t they stop it?

Addressing a public rally in Jharkhand’s Jamtara, Kharge said, “They (BJP) are scaring us in the name of infiltrators. You are in the central government, you are the Prime Minister, you are the home minister, then from where did the infiltrators enter?”

“Ghuspetiya andar aa rahe aur Shah Sahab so rahe,” he added.

He further said that the BJP only knows how to divide.

“When you can stop our helicopters, why can’t you stop infiltrators? They don’t know how to run the government. They only know how to divide. They have raised the matter of infiltrators in the elections and they are making people afraid of this. People are being incited in this way. This won’t work. Now people have understood you,” Kharge added.

About The Chopper Issue

The Congress Chief further targeted the BJP after party MP Rahul Gandhi’s chopper was delayed on Friday and said that today, his chopper was also delayed.

“Rahul Gandhi also did meetings here. We don’t know what problem does BJP has with us. When we want to come our helicopter gets stopped. Yesterday Rahul Gandh’s helicopter was denied permission to fly. Today Shah was coming here so I was stopped today for 20 minutes. His path was different and my path was different. Modiji comes in every way of ours,” Mallikarjun Kharge said.

Congress President Targets BJP Star Campaigners In Jharkhand

Sharpening his attacks further, Kharge targeted BJP star campaigners in Jharkhand and said that they all have gathered like a “war” is going on.

“In Jharkhand helicopters are flying like vultures. Did they come when anyone was in need here.? Some Chief Minister from Assam, Madhya Pradesh, all have gathered like a war is going on. This is battle of democracy where people participate and leaders have no role,” he said.

Voting for the first phase of the Jharkhand assembly elections concluded on November 13, with voting taking place in 43 out of the state’s 81 seats.

Elections on the remaining 38 seats will be conducted on November 20. The counting will be held on November 23.

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