Connect with us

Business

Setback for expatriates? Delhi HC upholds mandatory EPFO membership; what this means for foreign staff – The Times of India

Published

on

Setback for expatriates? Delhi HC upholds mandatory EPFO membership; what this means for foreign staff – The Times of India


The Delhi High Court on Tuesday ruled that expatriates working in Indian companies must become members of the Employees’ Provident Fund Organisation (EPFO) and contribute to the fund regardless of their income levels.The court upheld amendments to the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, as well as the Centre’s 2008 and 2010 notifications that mandate international workers to contribute to the Employees’ Provident Fund (EPF).Under the ruling, international workers will be allowed to withdraw their full EPF balance only after retiring at or after the age of 58, or in cases of permanent and total incapacity. This is seen as a setback for expatriates who generally work in India for shorter periods of two to five years, reported ET. Indian workers, by comparison, are required to contribute if they earn below Rs 15,000 per month. Legal experts noted that many foreign employees have already left India, meaning employers will now have to bear their share of contributions.A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela held that the distinction between foreign and Indian employees was justified. The court accepted the government’s position that international workers form a separate group because they contribute only during their limited time in India, unlike domestic employees who contribute throughout their service.“The classification made was reasonable and it also has an object sought to be achieved that the purpose of mandating an employee to be a member of 1952 scheme was to provide social security,” the court said, as quoted by ET.The court also upheld EPFO communications directing SpiceJet and LG Electronics India to deposit provident fund and related dues for their international staff. It dismissed SpiceJet’s challenge to summons issued in 2012 requiring it to produce records for determining liabilities, and similarly rejected objections raised by LG Electronics.The Delhi High Court’s ruling aligns with a previous judgment of the Bombay High Court, while the Karnataka High Court has ruled to the contrary. Due to the conflicting views, the matter is expected to reach the Supreme Court for final interpretation. Both companies are assessing the implications and are likely to move to the Supreme Court, according to legal sources.Atul Sharma, counsel for SpiceJet, said, “The entire basis of amendment to the scheme is implementation to certain treaties with countries who have similar provision for social security. And under the Constitution of India, this amendment could not be implemented as treaties have not been ratified by Parliament.” He said the issue requires further consideration.The companies had argued that the classification between foreign and Indian employees was discriminatory.





Source link

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Business

From ESOPs To Bank Accounts: Foreign Income You Can Declare Under FAST-DS 2026

Published

on

From ESOPs To Bank Accounts: Foreign Income You Can Declare Under FAST-DS 2026


Last Updated:

Budget 2026 has introduced a six-month disclosure plan for foreign assets with immunity from prosecution.

Taxpayers can be fined upto Rs 10 lakh if they fail to declare. (Representative Image)

Taxpayers can be fined upto Rs 10 lakh if they fail to declare. (Representative Image)

Finance Minister Nirmala Sitharaman revealed in the Union Budget 2026 that taxpayers in India who failed to report income or assets kept abroad now have a six-month opportunity to come clean and avoid fines and penalties under the Black Money (Undisclosed Foreign Income and Assets) Act.

The Foreign Assets of Small Taxpayers – Disclosure Scheme (FAST-DS) 2026 is a new option that aims to rectify previous errors by voluntary disclosure. It is specifically designed for taxpayers who might have neglected to disclose overseas assets or income on previous income tax returns (ITRs), including students, workers, young professionals, and relocated non-resident Indians (NRIs).

Who Can Use the 6-Month Window

Eligible taxpayers are permitted to register hidden foreign assets or income under FAST-DS that were either not taxed at all or were not accurately declared in the foreign assets schedule of previous returns. Examples include foreign bank accounts, overseas shares, mutual funds, employee stock options (ESOPs/RSUs), foreign real estate, and other financial interests held overseas.

The scheme is divided into two categories:

Category A: For those who have not disclosed any overseas assets or income at all, up to a value of Rs 1 crore. They cannot get immunity unless they pay taxes and penalties equal to 60 per cent of the value of their assets or income.

Category B: For people who paid taxes and declared overseas income but neglected to disclose the related asset. They can regularise the declaration by paying a one-time charge of Rs 1 lakh per asset if the asset’s worth is up to Rs 5 crore.

Taxpayers can avoid drawn-out legal proceedings and be protected from harsher penalties under the Black Money Act owing to this prompt declaration.

Penalties If You Miss the Deadline

Taxpayers will be subjected to severe penalties if they fail to disclose their assets and incomes earned from overseas during this period under the Black Money Act. The taxpayers will be fined Rs 10 lakh per asset for each year they fail to make a disclosure, and a penalty three times the tax amount will be imposed, along with a 30% tax on each income earned from overseas assets.

Furthermore, prosecution may result in jail time ranging from six months to seven years in severe circumstances.

Reopened assessments can cover up to 16 years, and tax treaty advantages such as relief under the Double Taxation Avoidance Agreement (DTAA) may no longer be accessible.

Why It Matters

According to tax professionals, this one-time window offers a unique chance to correct prior non-disclosures without worrying about legal action or severe fines. Additionally, it promotes voluntary compliance and reduces the likelihood of future disagreements between taxpayers and tax authorities.

Click here to add News18 as your preferred news source on Google.

Follow News18 on Google. Join the fun, play games on News18. Stay updated with all the latest business news, including market trends, stock updates, tax, IPO, banking finance, real estate, savings and investments. To Get in-depth analysis, expert opinions, and real-time updates. Also Download the News18 App to stay updated.
News business From ESOPs To Bank Accounts: Foreign Income You Can Declare Under FAST-DS 2026
Disclaimer: Comments reflect users’ views, not News18’s. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. By posting, you agree to our Terms of Use and Privacy Policy.

Read More



Source link

Continue Reading

Business

Govt proposes cutting power tariffs, raising fixed charges – SUCH TV

Published

on

Govt proposes cutting power tariffs, raising fixed charges – SUCH TV



The government has proposed a downward revision of up to Rs1.53 per unit in the base electricity tariff for some domestic power consumers, while recommending higher fixed monthly charges for certain protected and unprotected households, according to a motion filed with the National Electric Power Regulatory Authority (Nepra).

The move aims to rationalise tariffs for the calendar year 2026, balancing affordability for low-usage consumers with recovery of costs from higher users.

Under the proposal, protected consumers using 51–200 units would face fixed charges of Rs200–300 per month, while unprotected consumers consuming up to 600 units could see up to 100% increases in fixed charges, with monthly rates rising from Rs200 to Rs675 depending on consumption.

Conversely, households consuming 601–700 units and above 700 units would see fixed charges reduced from Rs800–1000 to Rs675 per month.

The government also proposed reductions in base tariffs for higher-usage unprotected consumers.

For 301–400 units consumption, a drop of Rs1.53 per unit to Rs36.46 is proposed; for 401–500 units, Rs1.27 to Rs38.95 and for 501–600 units, a cut of Rs1.40 to Rs40.22 has been suggested.

Similarly, for 601–700 units, Rs0.91 per unit cut to Rs41.85; and above 700 units, Rs0.49 to Rs47.20 per unit has been proposed.

Lower-usage unprotected consumers (1–300 units) and lifeline protected consumers would see tariffs largely unchanged, ranging from Rs3.95 to Rs33.10 per unit depending on usage.

Nepra will hold a public hearing on February 10, 2026, allowing stakeholders and consumers to comment on the proposed tariff adjustments.

Energy analysts say the plan reflects the government’s attempt to shield low-usage households from rising electricity costs while passing higher fixed charges to moderate and high-usage consumers, a move likely to impact urban households more significantly.

The proposal underscores ongoing challenges in Pakistan’s power sector, as policymakers try to balance affordability, cost recovery, and financial sustainability for utilities.

Hike in Feb electricity bills

Meanwhile, electricity consumers, including those of K-Electric, will face an additional Re0.284 per unit in their February bills following a fuel charges adjustment for December 2025.

The hike, announced by the Nepra, comes as electricity costs rose last December while consumers were billed at lower rates.

The increase applies to all consumer categories except lifeline users, pre-paid electricity customers, and electric vehicle charging stations, and will also impact Incremental Consumption Package users.

Nepra clarified that bills issued before the notification will incorporate the adjustment in subsequent cycles, and the change will be itemised separately on bills.

The adjustment underscores ongoing challenges in Pakistan’s power sector, as fuel price volatility continues to influence electricity tariffs and billing for both urban and rural consumers.



Source link

Continue Reading

Business

NSE board approves IPO via OFS route – The Times of India

Published

on

NSE board approves IPO via OFS route – The Times of India


Mumbai: The board of the National Stock Exchange (NSE), the biggest stock exchange in India in terms of turnover and number of trades, on Friday gave its nod for the exchange to go for its long-awaited public offering. The NSE IPO will be an offer-for-sale. Currently, LIC, with a 10% stake in the bourse, is the largest shareholder, followed by the SBI group that holds 7.6% in the exchange. The exchange also set up a five-member panel consisting of its board members that will facilitate the IPO process. The members are Tablesh Pandey, Srinivas Injeti, Mamata Biswal, Abhilasha Kumari, G Sivakumar and Ashishkumar Chauhan.



Source link

Continue Reading

Trending