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April 12-14, 2018
CORPORATE
RBI
RBI issues Circular on Liberalised
Remittance Scheme (LRS) for Resident
Individuals – daily reporting of transactions
RBI vide Circular dated 12th April, 2018 has
decided to put in place a daily reporting
system by AD banks of transactions
undertaken by individuals under LRS, which
will be accessible to all the other ADs.
All AD Category-I banks are required to
upload daily transaction-wise information
undertaken by them under LRS at the close
of business of the next working day. In case
no data is to be furnished, AD banks shall
upload a ‘Nil’ report. AD banks can upload
the LRS data as CSV file (comma delimited),
by accessing XBRL site through the URL
https://secweb.rbi.org.in/orfsxbrl/ as
hitherto.
https://rbi.org.in/Scripts/NotificationUser.
aspx?Id=11255&Mode=0
SEBI
SEBI issues Circular for Performance
disclosure post consolidation/ Merger of
Schemes
SEBI vide Circular dated 12th April, 2018 has
decided to standardize the disclosure of
performance of schemes post-merger.
https://www.sebi.gov.in/legal/circulars/a
pr-2018/performance-disclosure-post-
consolidation-merger-of-
schemes_38674.html
SEBI issues Guidelines for issuance of debt
securities by Real Estate Investment Trusts
(REITs) and Infrastructure Investment
Trusts (InvITs)
SEBI vide Circular dated 13th April, 2018 has
prescribed the guidelines for issuance of
debt securities in the prescribed manner:
The compliances required to be made with
respect to Companies Act, 2013 or any filing
to be made to Registrar of Companies in
terms of the ILDS Regulations, shall not apply
to REITs/InvITs for issuance of debt
securities unless specifically provided in this
circular.
All other provisions of ILDS Regulations
shall apply to REITs/InvITs subject to there
being no conflict with REIT Regulations
and/or InvIT Regulations or circulars issued
thereunder. In case of conflict, provisions of
REIT Regulations and/or InvIT Regulations or
circulars issued thereunder shall prevail over
ILDS Regulations.
https://www.sebi.gov.in/legal/circulars/a
pr-2018/guidelines-for-issuance-of-debt-
securities-by-real-estate-investment-trusts-
reits-and-infrastructure-investment-trusts-
invits-_38693.html
TAXATION
CBDT notifies the Protocol amending the
Double Taxation Avoidance Convention
(DTAC) between India and Kazakhstan.
Ministry of Finance vide Press Release dated
13th April, 2018 has notified the Protocol to

April 12-14, 2018
amend the existing Double Taxation
Avoidance Convention (DTAC) between
India and Kazakhstan.
Salient features of the Protocol are as under:
(i) The Protocol provides internationally
accepted standards for effective exchange of
information on tax matters. Further, the
information received from Kazakhstan for
tax purposes can be shared with other law
enforcement agencies with the
authorisation of the competent authority of
Kazakhstan and vice versa.
(ii) The Protocol inserts a Limitation of
Benefits Article, to provide a main purpose
test to prevent misuse of the DTAC and to
allow application of domestic law and
measures against tax avoidance or evasion.
(iii) The Protocol inserts specific provisions
to facilitate relieving of economic double
taxation in transfer pricing cases. This is a
taxpayer friendly measure and is in line with
India’s commitment under Base Erosion and
Profit Shifting (BEPS) Action Plan to meet the
minimum standard of providing Mutual
Agreement Procedure (MAP) access in
transfer pricing cases.
(iv) The Protocol replaces the existing
Article on Assistance in Collection of Taxes
with a new Article to align it with
international standards.
Requirement for obtaining PAN card u/s
139A of IT Act, 1961 eased for corporate
assessees
Ministry of Finance vide Press Release dated
14th April, 2018 has announced that In case
of a company, an application for
incorporation, allotment of Permanent
Account Number (PAN) and allotment of Tax
Deduction and Collection Account Number
(TAN) may be made through a Common
Application Form submitted to the Ministry
of Corporate Affairs (MCA). In these cases,
the Certificate of Incorporation (COI) issued
by MCA contains a mention of both PAN and
TAN.
Finance Act, 2018 amended section 139A of
the Income-tax Act, 1961 removed the
requirement of issuing PAN in the form of a
laminated card. Hence, it is clarified that PAN
and TAN mentioned in the COI issued by
MCA shall also be treated as sufficient proof
of PAN and TAN for the said company
assessees.
OTHERS
DIPP redefines the definition of Startups
Ministry of Commerce and Industry,
Department of Industrial Policy and
Promotion (DIPP) vide Notification dated
11th April, 2018 has redefined the meaning
of Startups.
An entity shall be considered as a Startup:
i. Upto a period of seven years from the date
of incorporation/registration, if it is

April 12-14, 2018
incorporated as a private limited company
(as defined in the Companies Act, 2013) or
registered as a partnership firm (registered
under section 59 of the Partnership Act,
1932) or a limited liability partnership (under
the Limited Liability Partnership Act, 2008) in
India. In the case of Startups in the
biotechnology sector, the period shall be
upto ten years from the date of its
incorporation/ registration.
ii. Turnover of the entity for any of the
financial years since incorporation/
registration has not exceeded Rs. 25 crore
iii. Entity is working towards innovation,
development or improvement of products or
processes or services, or if it is a scalable
business model with a high potential of
employment generation or wealth creation.
Provided that an entity formed by splitting
up or reconstruction of an existing business
shall not be considered a ‘Startup’.
http://dipp.nic.in/sites/default/files/Start
up_Notification11April2018_0.pdf
For any query: Contact – Sunaina Jhingan
Email – Sunaina.jhingan@acquisory.com

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Acquisory news-bytes-12th-14th-april-2018

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