Tax Threat To BPO Companies Of India
Monday, October 26th, 2009The revenue department has created needless uncertainty on the tax liability of foreign parents and principals of business entities in India, by suddenly withdrawing a 40-year old circular. It needs to bring out another circular at the earliest, clarifying that its intention is not to endanger India’s thriving outsourcing industry, particularly the captive units which generate about 35% of the sector’s revenue.
The Income Tax Act requires foreign companies to include in their income taxable in India any income arising from or through its business connection in India.
There are no clear-cut rules to define a business connection. The circular that has now been withdrawn had been successfully interpreted, to the chagrin of the tax department, to put the income generated for a foreign company by a business process outsourcing unit in India outside the ambit of taxation in India.
The only condition was that the foreign client should fully compensate the Indian BPO for its services, something that is not readily guaranteed if the Indian BPO is a subsidiary of the foreign client. Full news
To lure the business process outsourcing and IT/ITeS industry, the Mayawati government in Uttar Pradesh has showered various sops. The realty sector, too, has been blessed with many relaxations.
Three persons were arrested from the city after a Business Process Outsourcing (BPO) company in Vastrapur lodged a complaint against them, accusing them of data theft. The stolen data, said police, was extremely valuable. Vastrapur police station officials have booked the trio for theft and breach of trust.



