PIB Analysis : 27th March

PIB Analysis for UPSC CSE

Topics Covered

1. CbC Report
2. Facts for Prelims

1 . Country by Country Report

Context : India and the United States of America have today, the 27^th March, 2019, signed an Inter-Governmental Agreement for Exchange of Country-by-Country (CbC) Reports

Background

• The BEPS Action 13 report(Transfer Pricing Documentation and Country-by-Country Reporting) provides a template for multinational enterprises (MNEs) to report annually and for each tax jurisdiction in which they do business the information set out therein. This report is called the Country-by-Country (CbC) Report.
• Filing of CbC Reports by the ultimate parent entity of an MNE group to the prescribed Authority in the jurisdiction in which it is a resident and exchange of such CbC Reports by the Competent Authority of the said jurisdiction with the Competent Authorities of other jurisdictions in which the group has one or more of its constituent entities, are the minimum standards required under the Action 13 Report of OECD/G20 BEPS Project in which India is an active participant.
• A CbC Report has aggregated country-by-country information relating to the global allocation of income, the taxes paid, and certain other indicators of an MNE group. It also contains a list of all the constituent entities of an MNE group operating in a particular jurisdiction and the nature of the main business activity of each such constituent entity.

About the Agreement

• The Income-tax Act requires Indian subsidiaries of multinational companies to provide details of key financial statements from other jurisdictions where they operate. This provides the I-T Department with better operational view of such companies, primarily with regards to revenue and income tax paid.
• The provision was a part of the base erosion and profit shifting action plan, and later incorporated in I-T Act also.
• The Agreement for Exchange of CbC Reports, alongwith the Bilateral Competent Authority Arrangement between the two Competent Authorities, will enable both the countries to automatically exchange CbC Reports filed by the ultimate parent entities of Multinational Enterprises (“MNEs”) in the respective jurisdictions, pertaining to the years commencing on or after 1^stJanuary, 2016.
• It would also obviate the need for Indian subsidiary companies of US MNEs to do local filing of the CbC Reports, thereby reducing the compliance burden.

2 . Facts for Prelims

NCLAT

• National Company Law Appellate Tribunal (NCLAT) was constituted for hearing appeals against the orders of National Company Law Tribunal(s) (NCLT)
• NCLAT is also the Appellate Tribunal for hearing appeals against the orders passed by NCLT(s) under Section 61 of the Insolvency and Bankruptcy Code, 2016 (IBC),
• NCLAT is also the Appellate Tribunal for hearing appeals against the orders passed by Insolvency and Bankruptcy Board of India under Section 202 and Section 211 of IBC.
• NCLAT is also the Appellate Tribunal to hear and dispose of appeals against any direction issued or decision made or order passed by the Competition Commission of India (CCI)

Composition

• Chief Justice of India or his nominee – Chairperson
• A senior Judge of the Supreme Court or Chief Justice of High Court – Member;
• Secretary in the Ministry of Finance and Company Affairs – Member
• Secretary in the Ministry of Law and Justice – Member
• Secretary in the Department of Financial Services in the Ministry of Finance— Member.

Central Water Commission

• Central Water Commission is a premier Technical Organization of India in the field of Water Resources and is presently functioning as an attached office of the Ministry of Water Resources, River Development and Ganga Rejuvenation, Government of India.
• The Commission is entrusted with the general responsibilities of initiating, coordinating and furthering in consultation of the State Governments concerned, schemes for control, conservation and utilization of water resources throughout the country, for purpose of Flood Control, Irrigation, Navigation, Drinking Water Supply and Water Power Development. It also undertakes the investigations, construction and execution of any such schemes as required.
• Central Water Commission CWC is headed by a Chairman, with the status of Ex-Officio Secretary to the Government of India.