Showing posts with label Amendment Rules. Show all posts
Showing posts with label Amendment Rules. Show all posts

Thursday, May 2, 2019

Public Consultation on the proposal for amendment of Rules for Profit attribution to Permanent Establishment

Public Consultation on the proposal for amendment of Rules for Profit attribution to Permanent Establishment
F.No.500/33/2017-FTD.I
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
(Foreign Tax and Tax Research-I)

New Delhi, dated the 18th April, 2019

Subject: Public Consultation on the proposal for amendment of Rules for Profit attribution to Permanent Establishment-reg.

Taxation of non-residents in India is governed by the provisions of the Income-tax Act, 1961 (“the Act”) and the provisions of the Double Taxation Avoidance Agreement(s) [DTAA(s)] concluded or adopted by the central government under the 'X' wers conferred under Section 90 or 90A of the Act, respectively. Under the Act, the income tax is charged for the assessment year in respect of the total income of the previous year of every-person. In respect of a who is a non-resident, the total income includes all income from whatever source derived which is received or deemed to be received or accrues or arises or deemed to accrue or arise in India. The incomes that shall be deemed to accrue or arise in India are specified in Section 9 of the Act which. inter alia, provides that all income accruing or arising whether directly or indirectly, through or from any business connection in India shall be deemed to accrue or arise in India. However, in cases where a DTAA is also applicable, taxes on business income of a non-resident can be levied to the extent the same is permissible under such agreement. Thus, business income of a non- resident can be taxed in India if it satisfies the requisite thresholds provided under the Act as well as the threshold provided in the applicable tax treaty, by a concept of Permanent Establishment (PE). which is defined in Article 5 of Model Tax Conventions and tax treaties.

Under Article 7 in the Indian treaties, profits are to attributed to the PE as if it were a distinct and separate entity on the basis of the accounts of the PE and where such accounts are not available to enable determination of profits attributable to the PE, the profits attributable to the PE can be determined under the domestic laws. For the application of this method, the Assessing Officer in India can resort to Rule 10 of Income- tax Rules, 1962.

Recognizing the significance of issues relating to attribution of profits to a permanent establishment as well as the need to bring greater clarity and predictability in the applicable tax regime, a Committee was formed to examine the existing scheme of profit attribution to PE under Article 7 of DTAAs and recommend changes in Rule 10 of the Income-tax Rules. The Committee has submitted its report (enclosed herewith) and it has been decided to seek stakeholder’s comments on the Report of the committee.

In this regard, suggestions/comments of the stakeholders and the general public are invited on the following question:

a. What are your views on the recommendations of the Committee as contained in Section 11 of the Report? In answering this question please consider the objectives and policy rationale behind the change which have been elaborated in detail in the Report.

Comments and suggestions may sent electronically (in word format) at usfttr-1@gov.in within 30 days of the publication of this the email address document on website of the Income Tax Department

(www.incometaxindia.gov.in).
(Deepak Kapoor)
Under Secretary
Foreign Tax & Tax Research Division
Central Board of Direct Taxes

Friday, December 15, 2017

DoPT: Amendment in the Recruitment Rules for the post of Joint Director (Management Services) in the Institute of Secretariat Training & Management

DoPT: Amendment in the Recruitment Rules for the post of Joint Director (Management Services) in the Institute of Secretariat Training & Management

No.A-12034/03/2016-ISTM
Government of India
Ministry of Personnel, Public Grievances and Pension
Department of Personnel & Training
Training Division

Old JNU Campus, Block IV, 3rd Floor,
New Mehrauli Road, New Delhi-110067
Dated: 13th December, 2017
OFFICE MEMORANDUM

Subject: Amendment in the Recruitment Rules for the post of Joint Director (Management Services) in the Institute of Secretariat Training & Management -regarding.

The undersigned is directed to say that as per DoPT's O.M. No. AB-14017/61/2008-Estt(RR) dated 13.10.2015 the proposal for framing /amendment of Recruitment Rules are to be uploaded on the website of respective Ministries/Departments for 30 days for inviting comments from the stakeholders.

2. Therefore, the draft Recruitment Rules to the post of Joint Director (Management Services), Institute of Secretariat Training & Management, New Delhi are uploaded on the DoPT's website for information of stakeholders. All stakeholders are requested to go through the draft Recruitment Rules and furnish their comments,if any, to the undersigned within a period of one month i.e. date of its uploading in the website. In case,no comments received as on date, the Department will proceed further for taking necessary action for amendment of aforementioned draft Recruitment Rules.

(Syed Imran Ahmed)
Under Secretary to the Government of India
Tel: 011-26107967
E-mail: syedimran.ahmed@nic.in
Encl: As above. To All concerned Stakeholders

[To be published in the Gazette of India, Part II, Section 3, Sub-section (i)]

Government of India Ministry of Personnel,
Public Grievances and Pensions
(Department of Personnel and Training)

NOTIFICATION
New Delhi, the December, 2017

G.S.R... - In exercise of the powers conferred by the proviso to article 309 of the Constitution, and in upersession of the Institute of Secretariat Training and Management Joint Director (Management Services) Recruitment Rules, 2014, except as respects things done or omitted to have been done, before such supersession the President hereby makes the following rules regulating the method of recruitment to the post of Joint Director (Management Services) in the Institute of Secretariat Training and Management, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training namely:-

1. Short title and commencement.-
(1) These rules may be called the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training), Institute of Secretariat Training and Management Joint Director (Management Services) Recruitment Rules, 2017.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Number of post, classification and Level in the pay matrix. - The number of the said post, its classification and Level in the pay matrix shall be as specified in columns (2) to (4) of the schedule annexed to these rules.

3. Method of recruitment, age limit and qualification, etc.- The method of recruitment to the said post, age limit, qualifications and other matters relating thereto shall be as specified in columns (5) to (13) of the said Schedule.

4. Disqualification. - No person, -
(a) who has entered into or contracted a marriage with a person having a spouse living, or
(b) who, having a spouse living, has entered into or contracted a marriage with any person, shall be eligible for appointment to the said post:
Provided that the Central Government may, if satisfied that such marriage is permissible under the personal law applicable to such person and the other party to the marriage and that there are other grounds for so doing, exempt any person from the operation of this rule.
5. Power to relax. - Where the Central Government is of the opinion that it is necessary or expedient so to do, it may, by order, for reasons to be recorded in writing, and in consultation with the Union Public Service Commission, relax any of the provisions of these rules with respect to any class or category of persons.

6. Saving. - Nothing in these rules shall affect reservations, relaxations of age limit and other concessions required to be provided for the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, Ex- servicemen and other special category of persons in accordance with the orders issued by the Central Government from time to time in this regard.

Source: DoPT

Wednesday, October 11, 2017

Reservation for Persons with Disabilities in Postal Department - Amendment in Rules

Reservation for Persons with Disabilities in Postal Department - Amendment in Rules

No. 20-12/2017-SPB-II
Government of India
Ministry of Communications
Department of Posts
(Personnel Division)
Dak Bhawan, Sansad Marg
New Delhi - 110 001
Dated: 24- September, 2017
To,
All Chief Postmasters General,
All Postmasters General.

Subject: Reservation for Persons with Disabilities.

Madam/Sir,
In partial modification to this office letter of even number dated 12.09.2017, para 4 of the letter dated 12.09.2017 may be read as under:

Para 4 as noted in letter dated 12.09.2017Para 4 to be read as
Therefore, Circles are directed to earmark 3% reservation to the PH candidates for the vacancies prior to 19.04.2017 in terms of 'The Persons with Disabilities (Equal. Opportunity, Protection of Rights and Full Participation) Act, 1995' and to earmark 4% reservation to the PH candidates for the vacancies, w.e.f. 19.04.2017 in terms of 'The Rights of Persons with Disabilities Act, 2016' as brought out in para 2 above. Further, instructions issued by Government from time to time in this regard may also be adhered to.Therefore, the calculation of vacancies to be earmarked for PH category candidates should be on the basis of the starting of the process of filling up the vacancies i.e. in cases where process of filling up of posts started after 19.04.2017, 4% of vacancies should be reserved for PH candidates.

Yours faithfully,
(Satya Narayana Dash)
Assistant Director General (SPN)
Download PDF

Now Trending

34% DA Order for Central Govt Employees wef 01.01.2022 - Latest CG Employees DA Order Jan 2022

 DA Order for Central Government Employees from Jan 2022 - Finmin Order 2022 Latest CG Employees DA Order Jan 2022 Dearness Allowance payabl...

Disclaimer:

All efforts have been made to ensure accuracy of the content on this blog, the same should not be construed as a statement of law or used for any legal purposes. Our blog "Central Government Staff news" accepts no responsibility in relation to the accuracy, completeness, usefulness or otherwise, of the contents. Users are advised to verify/check any information with the relevant department(s) and/or other source(s), and to obtain any appropriate professional advice before acting on the information provided in the blog.

Links to other websites that have been included on this blog are provided for public convenience only.

The blog "Central Government Staff news" is not responsible for the contents or reliability of linked websites and does not necessarily endorse the view expressed within them. We cannot guarantee the availability of such linked pages at all times.

Any suggestions write to us
centralgovernmentnews@gmail.com