Angel Tax Exemption for DPIIT-Registered Startups After Budget 2023
By
siliconindia | Monday, 16 October 2023, 11:07 Hrs
Companies registered with the Department for Promotion of Industry and Internal Trade (DPIIT) are now exempt from Angel Tax assessment proceedings under the recent Budget 2023 amendments, which is an important development for India's startup ecosystem. These modifications had expanded the application of the Angel Tax, which was previously only applicable to domestic investments, to cover foreign investments as well. They were intended to evaluate the valuation of shares issued by unlisted startups to investors. The Budget states that any excess premium would be considered "income from sources" and subject to a tax rate higher than 30%. Startups that are DPIIT-registered, however, are not subject to these new rules.
The Central Board of Direct Taxes (CBDT) has issued a circular to provide further clarity to field officers. The circular states that in the event a DPIIT-recognized startup undergoes scrutiny concerning the Angel Tax provision, assessing officers are no longer required to conduct verification. These startups’ contentions on the matter will be accepted without question.
Amit Agarwal, Partner at Nangia & Co., explained the significance of the CBDT circular, stating, “The CBDT circular basically means that startups registered with DPIIT and whose case has been picked up for Angel Tax issues shall not be subject to any Assessment Proceedings, and AO shall be duty-bound to give a clean chit to such startups". This administrative guidance offers a significant advantage to DPIIT-registered startups by eliminating the need for an assessment process related to Angel Tax.

