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Cus - When there is nothing on record to show that appellant had connived with other three persons to import AA batteries under the guise of declaring goods as Calcium Carbonate, penalty imposed on appellant are set aside: HCCongress fields Rahul Gandhi from Rae Bareli and Kishori Lal Sharma from AmethiCus - The penalty imposed on assessee was set aside by Tribunal against which revenue is in appeal is far below the threshold limit fixed under Notification issued by CBDT, thus on the ground of monetary policy, revenue cannot proceed with this appeal: HCGST -Since both the SCNs and orders pertain to same tax period raising identical demand by two different officers of same jurisdiction, proceedings on SCNs are clubbed and shall be re-adjudicated by one proper officer: HCFormer Jharkhand HC Chief Justice, Justice Sanjaya Kumar Mishra appointed as President of GST TribunalSale of building constructed on leasehold land - GST implicationI-T - If assessee is not charging VAT paid on purchase of goods & services to its P&L account i.e., not claiming it as expenditure, there is no requirement to treat refund of such VAT as income: ITATBengal Governor restricts entry of State FM and local police into Raj BhawanI-T - Interest received u/s 28 of Land Acquisition Act 1894 awarded by Court is capital receipt being integral part of enhanced compensation and is exempt u/s 10(37): ITATCops flatten camps of protesting students at Columbia UnivI-T - No additions are permitted on account of bogus purchases, if evidence submitted on purchase going into export and further details provided of sellers remaining uncontroverted: ITATTurkey stops all trades with Israel over GazaI-T- Provisions of Section 56(2)(vii)(a) cannot be invoked, where a necessary condition of the money received without consideration by assessee, has not been fulfilled: ITATGirl students advised by Pak college to keep away from political eventsI-T- As per settled position in law, cooperative housing society can claim deduction u/s 80P, if interest is earned on deposit of own funds in nationalised banks: ITATApple reports lower revenue despite good start of the yearI-T- Since difference in valuation is minor, considering specific exclusion provision benefit is granted to assessee : ITATHome-grown tech of thermal camera transferred to IndustryI-T - Presumption u/s 292C would apply only to person proceeded u/s 153A and not for assessee u/s 153C: ITATECI asks parties to cease registering voters for beneficiary-oriented schemes under guise of surveys
 
Global Tax Forum pushes forward international co-operation against tax evasion

By TIOL News Service

PARIS, OCT 31, 2015: MAJOR implementation milestones are being met by members of the world’s leading forum on tax transparency as the international community continues to move ahead towards greater tax transparency. The imminent shift to the automatic exchange of information will send a strong warning to tax evaders. Significant strides towards a major increase in tax transparency have been made since last year when over 90 members of the Global Forum on Transparency and Exchange of Information for Tax Purposes committed to automatically exchange information, beginning in 2017 or 2018. Panama and the Cook Islands are the latest financial centers to join these commitments bringing the total number to 96. With these commitments, all major financial centers are now part of the efforts to enhance international tax cooperation. The timely and effective implementation of these commitments was a key theme during the Oct 29-30 meeting of the Global Forum held in Bridgetown, Barbados which brought together delegates from the Global Forum’s 128 member jurisdictions, as well as representatives of international organisations.

“The work of the Global Forum is key for Barbados and the Caribbean region,” said Donville Inniss, Barbados’ Minister of Industry, International Business, Commerce and Small Business Development, and Vice Chair of the Global Forum Steering Group. “Barbados was proud to host the 8th Global Forum meeting which is the kick-off to a new era of automatic exchange of information and tax compliance.”

With financial information set to begin to be collected from 1 January 2016 in around 50 jurisdictions, governments around the world are quickly changing their domestic laws to ensure financial institutions report information on financial assets held for non-residents.

The meeting marked 13 new signings of the Multilateral Competent Authority Agreement – Antigua and Barbuda, Barbados, Belize, Bulgaria, Cook Islands, Grenada, Japan, Marshall Islands, Niue, Saint Lucia, Saint Vincent and the Grenadines, Sint Maarten and Samoa – which strengthens the international operational framework for the exchanges and brings the total number of signatories to 74.

The Global Forum has already established a real-time monitoring process to keep track of the delivery of the commitments made and to identify areas where support is needed, as well as started to assess the confidentiality standards and data safeguards in all the committed jurisdictions. The Global Forum will continue work in the areas of monitoring, implementation assistance, and reviews. It will support developing countries – in cooperation with the World Bank Group and other international organisations – so they also receive the benefits the move to automatic exchange offers. As a reflection of the growing interest of developing countries to participate fully in the benefits of enhanced tax transparency, Ghana also announced its intention to engage in automatic exchange of information starting in 2018.

“The work of the Global Forum is key for Barbados and the Caribbean region,” said Donville Inniss, Barbados’ Minister of Industry, International Business, Commerce and Small Business Development, and Vice Chair of the Global Forum Steering Group. “Barbados was proud to host the 8th Global Forum meeting which is the kick-off to a new era of automatic exchange of information and tax compliance.”

Underscoring the continued importance of the work on the standard of exchange of information on request, the Global Forum adopted changes in the standard to include a requirement for beneficial ownership for all legal entities for its new round of reviews scheduled to be launched in 2016.

As part of completion of the ongoing round of peer reviews, 16 new peer review reports were published. The Phase 1 reports on Azerbaijan, Gabon, Romania and Senegal which assessed their legal and regulatory frameworks concluded that these were in place to enable them to move to Phase 2 of the review process, which will assess exchange of information practices. Five Phase 2 reviews of exchange of information practices were also published concluding that the overall compliance rating assigned for Colombia is “Compliant”, for Latvia and Liechtenstein “Largely Compliant,” and for Costa Rica and Samoa “Partially Compliant.”

Jurisdictions continue to request supplementary reviews to demonstrate changes made following recommendations of the Global Forum. Supplementary reports of three jurisdictions - Brunei Darussalam, Dominica and Panama - that were originally blocked from Phase 2 concluded that they are now ready to move to the next stage. Supplementary reports were also approved for Cyprus, Luxembourg and the Seychelles that had been previously rated as Non-Compliant and in each case, following significant changes to their legal frameworks or practices, the new overall rating of Largely Compliant was assigned.

Under a special procedure, Guatemala and Trinidad and Tobago were assigned a Non-Compliant rating due to their inability to make the recommended changes.

The Global Forum has now completed 215 peer reviews and assigned compliance ratings to 85 jurisdictions that have undergone Phase 2 reviews. For an updated list of peer review outcomes and ratings.

Global Forum members resolved to intensify the ongoing efforts to ensure that developing countries are able to fully benefit from participation in the advances in transparency. Through its Africa Initiative, it will continue to focus on greater engagement with African countries and also work with other developing countries to build capacity to improve cross border taxation through effective use of exchange of information, both on request, and automatic.


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