New Tax Rules to Simplify Diamond Trading for Foreign Companies

Surat : The Ministry of Finance, through the Central Board of Direct Taxes (CBDT), has issued amendments to the Income Tax Rules, 1962, establishing a Safe Harbour Policy for foreign mining companies engaged in rough diamond trading within Special Notified Zones (SNZs) at Mumbai and Surat. The policy, effective retroactively from 1st April 2024, simplifies tax compliance and encourages foreign participation in the Indian diamond sector.

Under the new rules, eligible foreign diamond mining companies can opt for a simplified tax regime by declaring a minimum profit margin of 4% on their gross receipts from selling raw diamonds in designated Special Notified Zones.

Eligible businesses opting for this Safe Harbour using Form 3CEFC will be subject to certain limitations. For instance, they will not be eligible for deductions under various income tax provisions and cannot carry forward losses or unabsorbed depreciation. Additionally, the mutual agreement procedure for resolving tax disputes with other countries will not be available for income covered by the Safe Harbour Rules.

Vipul Shah, Chairman, GJEPC, commented, “The introduction of these rules is expected to attract more foreign diamond miners to India, potentially boosting the country’s diamond industry. By offering a predictable and favourable tax environment, India aims to strengthen its position as a global diamond trading hub.”

Dinesh Navadiya, former regional council chairman of GJEPC, said that foreign companies planning to do diamond business in India will get tax certainty and stability. This is expected to establish India as a world leader in the diamond cutting and polishing sector, which already employs a large number of skilled workers.