“The tax exception given to BPOs has to be withdrawn under section 10 (A) of Income Tax Act. There is no provision in DTC for any such extension of benefits,” tax expert and International Fiscal Association of India Branch Chairman T P Oswal told PTI here.
The Business Processing Outsourcing centres can be taxed on the basis of the profit they make in India and also overall profit. “According to the Organisation for Economic Co-operation and Development, these BPOs can be taxed on the basis of the overall profit of the company. But according to a ruling of the Supreme Court it is not possible,” he said.
BPOs can approach the government under the Advanced Price Arrangement for a clarification about the taxation process, to avoid any incident of double taxation, Oswal said.
“There is a new provision called Advanced Price Agreement included in the Direct Tax Code. ” the tax expert said.
“No amendments will carry retrospective effect in this regard and the vested rights of the tax-payer will not be taken away. Their agreement under APA will be unchangeable for a maximum of five years,” Oswal added.
Press Trust of India
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