Income Tax Rules To Be Kept In Mind When Going Abroad

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Investment

oi-Sunil Fernandes

By Amit Gupta

|

In the post-pandemic times, it is worth mentioning that if you are planning to travel abroad sooner or later then the cash transaction for buying US dollar or any other foreign currency is allowed only upto a certain limit. Thereafter, The Income Tax Department shall be intimated by the money changing department and I-T Department would start chasing you if it found that you are having disproportionate transactions as per declarations made in ITR . And finally, the Income Tax Department would start sending you the notices.

In the wake of two Corona Pandemics, the Airline Industry was closed and stalled. However, in post-pandemic time when everyday life is coming back on track slowly and steadily, the operations of airline Industry are also gaining momentum, however if you are planning to travel across the globe or length and breadth of a particular continent, keep the above-mentioned fact in mind while buying dollar from money changing institutions.

What are the rules for Cash Transaction?

Amongst several designated companies/ organisations, currency changers and banks are mandated to notify set financial activities yearly in Form 61A to the Income Tax Authority, below Section 285BA of Income Tax Act, 1961. The detailed financial deals involve the acquisition of foreign currency of an amount aggregating to Rs 10 lakhs ( 1 million) or higher in a financial year from money changers or banks or additional approved bodies under foreign exchange regulations.

The above-mentioned explanation further includes:

The credit of the foreign currency transaction to the foreign exchange card.

The Expenses that have been incurred in the foreign currency through the credit card or debit card or even the traveller’s cheque or lastly any other instruments.

Reasons for the Aforesaid Vigilance by I-T Department?

The rationale behind such vigilance is but natural to keep an account of the high-value transactions that are being undertaken by taxpayer and if the details mentioned in ITR and high value transactions are not in sync then to take the apt action against taxpayer for not disclosure of facts and figures or in other words trap the lie, cheat and other non-transparent attitude of the taxpayer.

The detailed monetary activities described by the various organisations/ institutions are reflected in the taxpayer’s Form 26AS. Within that taxpayer can guarantee that the income reported to before-mentioned related activities is properly submitted to tax and revealed in their income tax return.

What Should the Taxpayer Do if Trapped?

The Taxpayer should submit the detailed explanation of the aforesaid discrepancy and not to forget along with the necessary documents to the I-T Department.

The submission to the I-T department should involve majorly the following aforesaid items.

Explanation of the sources of Income

Taxes that have been paid in case of the aforesaid income.

In essence or to conclude, while travelling abroad and in general, It is better to stick to the norms that have been prescribed by the I-T Department and other Government Agencies while travelling abroad than to invite trouble.

Income Tax Rules To Be Kept In Mind When Going Abroad

Amit Gupta, the author of the article is Co-Founder and MD, SAG Infotech

The opinion herein is of the author and do not reflect the opinion of Greynium Information Technologies Pvt Ltd

Story first published: Friday, August 13, 2021, 11:12 [IST]



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Rupee Bank administrator meets FM, BFSI News, ET BFSI

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Pune: The administrator of the stressed Rupee Cooperative Bank, Sudhir Pandit, met Union finance minister Nirmala Sitharaman on Wednesday and sought a resolution of the current situation of the bank, which was denied permission to merge with Maharashtra State Cooperative Bank by RBI last week.

The meeting was also attended by the Pune Lok Sabha MP Girish Bapat. “I apprised the FM of the situation of the bank, which is more than a century old, and the issues that senior citizens will face, who comprise nearly all of the high-value depositors. The FM assured me that she will look into the issue for a resolution. I told her of the plans that we have drawn up regarding the revival of the bank into a small finance bank,” he said.

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RBI imposes Rs 1 cr penalty on Cooperatieve Rabobank U.A., BFSI News, ET BFSI

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Reserve Bank of India (RBI) on Thursday said it has imposed a penalty of Rs 1 crore on Cooperatieve Rabobank U.A. for deficiencies in regulatory compliances.

The penalty has been imposed for contravention of certain provisions of the Banking Regulation Act, 1949 and directions related to ‘transfer to reserve funds’.

RBI said it conducted a statutory Inspection for Supervisory Evaluation (ISE) of the bank with reference to the bank’s financial position as on March 31, 2020.

Examination of the risk assessment report pertaining to the same, revealed contravention of the provisions of the Banking Regulation Act and the directions issued by RBI.

A show cause notice was issued to the bank.

“After considering the bank’s reply to the notice, oral submission made during the personal hearing and examination of additional submissions made by the bank, RBI came to the conclusion that the charge of contravention of… provisions of the Act and RBI directions was substantiated and warranted imposition of monetary penalty on the bank,” RBI said in a statement.

In another statement, RBI said a penalty of Rs 5 lakh has been imposed on Village Financial Services Ltd, Kolkata, for non-compliance with certain provisions of the Know Your Customer Directions, 2016.

The central bank, however, said the penalties are based on the deficiencies in regulatory compliance and is not intended to pronounce upon the validity of any transaction or agreement entered into by the banks with their customers.

On Wednesday, RBI imposed penalties on two co-operative banks for deficiencies in regulatory compliances.

It imposed penalty of Rs 13 lakh on Ahmednagar Merchant’s Cooperative Bank, Ahmednagar, Maharashtra, and Rs 2 lakh on The Mahila Vikas Co-operative Bank, Ahmedabad, Gujarat.



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Deutsche Bank gets nod to set up IFSC banking unit at GIFT City, BFSI News, ET BFSI

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Deutsche Bank will set up its IFSC banking unit at India’s first global financial centre in Gujarat. The bank has received approval from the GIFT SEZ Authority to set up an IFSC banking unit at India’s first International Financial Services Centre (IFSC) at GIFT City, Gujarat, a release said on Thursday.

The leading German bank with strong European roots has a global network across 59 countries.

This will serve as a primer for renowned banks from other geographies to consider GIFT City a viable destination for international financial services, said Tapan Ray, MD & Group CEO, GIFT City.

“Progressive banking regulations in GIFT IFSC provide new business opportunities in several areas for foreign banks such as FPI Business, Non-Deliverable Forwards (NDF), Aircraft leasing- financing, and upcoming framework to enable international bullion exchange operations from GIFT IFSC,” he said.

Deutsche Bank is among the largest international banks in India.

It had set up its first branch in the country in Mumbai more than 40 years ago.

“With borders between global financial centres increasingly blurring, establishing a presence at the IFSC in GIFT City was the next logical step for us as we seek to support the growth aspirations of our clients.

“The banking unit will allow us to expand the services available to our clients to smoothly carry out international business transactions, particularly in the areas of financing, trade and currencies,” said Kaushik Shaparia, CEO, Deutsche Bank India.

Deutsche Bank has deployed capital over Rs 19,000 crore in its India branch operations.

The foreign lender currently employs more than 18,000 people across its various entities in the country, the release said.

Set up in 2015, International Financial Services Centre in GIFT City has attracted international and domestic players across the financial services spectrum, such as banks, asset management companies, alternate investment funds and professional services firms.

Banking transactions at the GIFT IFSC crossed USD 100 billion value by the end of July 2021, the release added.



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CEO to staff, BFSI News, ET BFSI

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Need for secure digital payments and nearby access to banking during COVID-induced lockdowns fuelled the growth momentum of Airtel Payments Bank, which turned profitable for the first time in July, according to a top company official. In a communication to the employees, Airtel Payments Bank Chief Executive Officer Anubrata Biswas has said over the last four years, the bank has grown rapidly, doubling every 18 months.

“Today, the bank is a significant player in the financial and digital inclusion ecosystem of the country,” Biswas said.

He said that the bank has turned profitable for the first time in its history, and termed it a “cherished milestone” in the 55th month of operations.

He, however, did not mention the financial details.

The onset of the pandemic in early 2020 resulted in a “very challenging period” for the country, Biswas recalled.

“It was equally challenging for us as a team. Yet, we have been relentless, focused, indeed unstoppable. The momentum gained from people’s need for secure digital payments, and neighbourhood access to banking during lockdowns, gave us an opportunity to accelerate in a very cost-effective way,” he said in the recent outreach to employees.

Recently, Bharti Airtel Chief Executive Officer Gopal Vittal, during the telco’s post-earnings call had said that Airtel Payments Bank currently has a monthly transacting user base of close to 30 million users, an annualised GMV of over Rs 1,00,000 crores, and a merchant base of over seven million.

“I am also pleased that Airtel Payments Bank is now on the verge of hitting a 1000 crore annualised revenue run rate and has broken even in the month of July,” Vittal had said.

He had also highlighted that Airtel Payments bank is being fully integrated into all Airtel digital channels, both consumer app as well as retailer app making it one of the few companies that can collect cash for any service at the point of sale, online and offline.



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Survey, BFSI News, ET BFSI

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Banks are taking steps to mitigate risks from their increasing use of external cloud computing services, a survey by Harris Poll and Google Cloud said on Thursday.

The Bank of England and the Bank of France have expressed concerns about a lack of transparency in how banks rely on a “concentrated” number of outside cloud computing providers like Google, Microsoft and Amazon which are beyond the arm of the regulators.

Regulators are worried that reliance by many banks on the same providers could create systemic risk if one of the cloud companies were to go down.

The survey of 1,300 leaders in financial services from the United States, Canada, France, Germany, Britain, Hong Kong, Japan, Singapore and Australia showed that 83% were using the cloud as part of their primary computing infrastructure.

The bulk of the companies are also considering adopting a multicloud strategy, the survey said, which would allow a bank to switch to an alternative provider if there is an outage to avoid an interruption of services for customers.

“Based on the Harris survey, it is clear that financial institutions are taking actions to solve concentration or vendor lock-in concerns with 88% of respondents not currently using a multicloud strategy considering doing so in the next 12 months,” Adrian Poole, director for financial services in Britain and Ireland for Google Cloud, said.



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Banks in EU “window dress” to escape higher capital charges, says BIS paper, BFSI News, ET BFSI

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LONDON: Some of the European Union‘s biggest banks are holding less capital than they should by using transactions to temporarily compress their balance sheets, a research paper from the Bank for International Settlements said on Thursday.

After several banks had to be rescued by taxpayers during the global financial crisis over a decade ago, global regulators now designate the biggest among them as globally systemic banks or G-SIBs to face tougher capital rules.

Each year, G-SIBs are slotted into buckets, with tougher rules for those in the higher buckets.

The paper from the BIS, a forum for central banks based in Basel, Switzerland, said “window dressing” or using transactions to compress assets and liabilities at the end of the year, is blurring data used by regulators and thus affecting the actions they take.

The volume and riskiness of assets and liabilities determine how much capital must be held, but banks are able to “manage down” their G-SIB score and reduce their capital surcharges, the paper said.

“Up to 13 banks in the EU would have faced more intense supervision and higher capital requirements in the absence of window dressing,” the paper said, without naming them.

“Of these, three banks would have been added to the G-SIB list, whereas 10 banks would have been allocated to a higher G-SIB bucket in at least one year,” the paper added.

Window dressing has long been a bugbear of regulators, but the paper from the BIS suggests that regulators should be taking a more granular approach to designating G-SIBs, which affect the stability of the financial system.

“Our findings underscore the importance of supervisory judgement in the assessment of G-SIBs and call for greater use of average as opposed to point-in-time data to measure banks’ systemic importance,” the paper said. (Reporting by Huw Jones)



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DCB Bank gets RBI nod to conduct govt related transactions, BFSI News, ET BFSI

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DCB Bank on Thursday said it has received RBI nod to conduct government related transactions. The Reserve Bank has empanelled DCB Bank as an agency bank to facilitate banking and payment transactions for the central and state governments, it said in a release.

This empanelment follows the announcement by the Finance Ministry in May 2021 lifting the embargo on further allocation of government business to private sector banks.

Through this arrangement, DCB Bank will carry out specific banking services on behalf of both the central and state governments, while continuing to offer SME, micro SME and individual customers the convenience of routine financial transactions through its advanced banking platform, it said.

“DCB Bank’s focus is SME, micro SME, agri and inclusive banking, we look forward to supporting them by providing access to CBDT, CBIC, GST transactions amongst others,” said Praveen Kutty, Head of Retail Banking, DCB Bank.



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Indian Bank launches MSME mentoring programme in West Bengal, BFSI News, ET BFSI

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Kolkata, Indian Bank on Thursday announced the launch of its flagship Business Mentoring Programme ‘MSME Prerana’ in West Bengal. MSME Prerana is a unique and innovative business mentoring programme in collaboration with Poornatha and Co. to empower MSME entrepreneurs in driving business more efficiently by optimizing value and capacity, Indian bank said in a statement.

The programme will be in the local language of the state which is Bengali.

‘MSME Prerana’ has been launched with an aim to develop managerial and financial capabilities of MSME entrepreneurs besides creating awareness on various initiatives taken by Union and state governments and other regulators.

The bank said it has provided financial support to 20 lakh MSMEs with credit exposure of over Rs 70,170 crore.

Indian Bank, with 598 branches in the state, had an exposure of Rs 8,566 crore to MSMEs as on March 21.

It posted a growth of 27.64 per cent in the MSME portfolio on a year-on-year basis in the state and is confident to continue the momentum in the current fiscal.

The bank has developed 28 MSME Cluster schemes for providing financial support at very competitive rates of interest and terms to various sectors.



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NCLT orders liquidation of Siva Industries, BFSI News, ET BFSI

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The National Company Law Tribunal (NCLT) Chennai has dismissed the C Sivasankaran application and ordered the liquidation of Siva Industries.

NCLT said that Sivasankaran application under section 12 (A) does not stand. NCLT has also dismissed the SBI application.

Siva Industries and Holdings Limited (Siva Industries) will go into liquidation after the NCLT rejected the application.

This is as per provisions of the Insolvency and Bankruptcy Code where 90 per cent of the lenders had not given approval.

Lenders of Siva Industries and Holdings Limited (Siva Industries), founded by C. Sivasankaran (the former promoter of Aircel) had filed application under Section 12A of Insolvency and Bankruptcy Code 2016 (IBC) in National Company Law Tribunal (NCLT), Chennai Bench for withdrawing the insolvency proceedings against Siva Industries.
Siva Industries and Holding owes Lenders approx Rs 5,000 crore.

The settlement

The lenders to Siva Industries had told the National Company Law Tribunal that they will get 26% of their dues after taking into account third-party guarantors. Operational creditors were to get part of their dues under the settlement plan.

The deal had raised eyebrows as such offers by promoters were rejected in the past.
On the reason why they approved the 12A petition of promoters banks had told the court that if a company is liquidated or in a resolution plan involving a third party, all operational creditors, including tax authorities, are wiped out.

Also, the IDBI Bank‘s claim of Rs 644 crore will be paid while Blackstone-backed International ARC will get an additional amount of Rs 510 crore via land sale, they had said.

Unusual deal

Bankruptcy experts had termed the settlement unusual, citing the rejection of such offers by promoters in the past.
The acceptance of Sivasankaran’s offer differed from the usual pattern of rejection by creditors of such deals proposed by promoters seeking to withdraw their companies from bankruptcy proceedings.

Atul Punj of Punj Lloyd, Videocon’s Venugopal Dhoot, Sanjay Singal of Bhushan Power and Steel, and the Ruias of Essar Steel had all made offers to creditors to persuade them to drop bankruptcy proceedings. All were rejected.
In DHFL’s case, the promoter Kapil Wadhawan had offered to repay the debt in full, but the lenders ruled in favour of Piramal.



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