Microdots Technology

Microdots Technology

The Ministry of Road Transport and Highways has issued a draft notification to make microdots mandatory in vehicles.

§  The draft rules amend the Central Motor Vehicles Rules, 1989 and allow motor vehicles and their parts to be affixed with permanent and nearly invisible microdots that can be read physically with a microscope and identified with ultraviolet light.

§  The microdots would have to comply with the Automotive Industry Standard- 155 (AIS 155) requirements.

o    The Standards are developed by the Automotive Industry Standards Committee (AISC) set up under Central Motor Vehicles Rules - Technical Standing Committee (CMVR-TSC) by the Ministry of Road Transport & Highways.

§  Microdots are a globally proven technology to ensure originality in spare parts of machines and components, including in the automobile sector.

o    The microdot technology involves spraying thousands of microscopic dots onto vehicles or other assets to form a unique identification.

o    Each microdot carries this identification which is registered to the owner, but is not visible to the naked eye.

o    South Africa has made it a legal requirement to have microdots fitted to all new vehicles sold since September 2012.

§  The move is aimed at making India free from vehicle thefts and spurious spare parts.

o    The government has envisaged that with microdots becoming a permanent feature in vehicles, identifying them would become easier in case they are stolen.

o    Annually about 2.14 lakh vehicles are stolen across the country with Delhi topping the list at 38,644 in 2016, which translates to over 100 vehicles daily, followed by UP (34,480) and Maharashtra (22,435).

o    The move will ensure that consumers have a way of identifying original parts from fake ones and that contributes to overall safety as well.

AIS-155

• The Union Ministry of Road Transport issued a notification regarding Automotive Industry Standards (AIS)-155 in respect of Microdot identifiers if affixed on the motor vehicles and their parts.

Key highlights:

• This was done through amendment in Rule 92 of the Central Motor vehicles (Fourteenth Amendment) Rules 1989.

• As per a new notification, the Manufacturers who are affixing microdot identifiers in the motor vehicles and their parts, components, assemblies, sub-assemblies shall conform to Automotive Industry Standards (AIS)-155 as amended from time to time.”

About Microdot Technology:

• Microdot technology involves spraying the body and parts of the vehicle or any other machine with microscopic dots, which give a unique identification.

• The microdots and adhesive will become permanent fixtures/affixation which cannot be removed without damaging the asset, that is the vehicle itself. These nearly invisible microdots can only be read physically with a microscope and identified with ultra violet light source.

• Use of this technology will help check theft of vehicles and also use of fake spare parts.

HUMAN RIGHTS DAY HISTORY

Human Rights Day was came into existence on December 10, 1948, when the Universal Declaration of Human Rights was adopted by United Nations. This day is observed every year across the world, as it empowers us all. The day also acknowledges the advocates and defenders of human rights around the world

As per the official website of UNESCO, it was the first United Nations agency to place the Universal Declaration at the heart of all its action, to promote it across the world through education and the media. While the Declaration is not considered to be a binding document, 60 human rights instruments were inspired to make a common standard of human rights in one day.

This year it will be the 71st anniversary of Universal Declaration of Human Rights. With the theme “Stand Up For Human Rights”, the aim is to celebrate the potential of youth as constructive agents of change, amplify their voices and engage a broad range of global audiences in the promotion and protection of rights

The campaign is designed to encourage, galvanise, and showcase how youth all over the world stand up for rights and against racism, hate speech, bullying, discrimination, and climate change, to name a few.

The date was chosen to honour the United Nations General Assembly's adoption and proclamation, on 10 December 1948, of the Universal Declaration of Human Rights (UDHR), the first global enunciation of human rights and one of the first major achievements of the new United Nations. The formal establishment of Human Rights Day occurred at the 317th Plenary Meeting of the General Assembly on 4 December 1950, when the General Assembly declared resolution 423(V), inviting all member states and any other interested organizations to celebrate the day as they saw fit.

The day is normally marked both by high-level political conferences and meetings and by cultural events and exhibitions dealing with human rights issues. In addition it is traditionally on 10 December that the five-yearly United Nations Prize in the Field of Human Rights and Nobel Peace Prize are awarded. Many governmental and non-governmental organizations active in the human rights field also schedule special events to commemorate the day, as do many civil and social-cause organizations.

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Digital Taxation...!!

Digital Taxation

1. The proliferation of technology has challenged conventional notions of economic activity.

2. This is now a serious challenge for policy, particularly for taxation.

How has digital taxation become a challenge?

1. The existing laws, tax business profits based on its physical presence in a country.

2. Such a pre-condition is no more relevant as digital businesses no longer have to be physically present to operate in and interact with an economy.

3. These platforms use hard to value intangibles.

4. They are often registered in low tax jurisdictions which frustrate the efforts to appropriately tax digital companies.

Which are the measures, drawbacks, responses, and challenges?

Measures

1. Organization for Economic Co-operation and Development (OECD) mentioned three measures — an equalization levy, withholding taxes, and a new nexus rule.

2. The first two are taxes on gross turnover.

3. The new nexus rule was to modify the taxable nexus beyond the physical presence in a country.

Drawbacks

1. It was agreed that data and user participation are critical for a platform. But no consensus emerged on their economic contribution.

2. As OECD continued with the value-creation by various business models, large tech companies were paying very low effective tax rates.

Responses

1. In response to this, individual countries started to apply digital taxes unilaterally, instead of arriving at a consensus.

2. In 2016, India became the first country to apply an equalization levy.

3. The levy was introduced outside the scope of the Income Tax Act and is applicable to a small set of companies operating in digital advertising.

4. France and Hungary have implemented digital taxes, while Belgium, Italy, the UK, and Spain have proposed similar taxes. These would apply to a wide range of digital services.

Challenges

1. Unilateral taxation could potentially lead to over-taxation or a pass-through of costs to consumers.

2. The tenability of these rules needs to be seen under the EU’s state aid or WTO rules.

3. Such measures can give market jurisdictions greater power to tax.

Why is India’s solution not complete?

1. In 2018, India proposed its long-term solution to the problem — test for significant economic presence.

2. The amendment was broadly similar to EU’s proposal.

3. According to this, if a digital platform reported sales from a country or had a significant number of users, then it should be considered as having a taxable presence in that jurisdiction.

4. This is not a complete solution because:

a) For the law to be applicable, treaties would have to be suitably amended.

b) The size of operations that would qualify as economic presence needs to be answered.

c) How much of its profits should be taxable in India needs to be answered.

What is the fundamental issue now?

1. The more fundamental political issue is the redistribution of taxing rights.

2. An example of this tension is French digital tax applicable to big tech companies that are predominantly residents of the US.

Where lies the solution?

1. To garner consensus, the OECD released its draft for a unified approach recently. The OECD in 2019 published a policy based on two pillars.

2. Pillar one would examine the allocation of taxing rights.

3. All anti-avoidance measures would be considered under the second pillar.

4. India’s key proposals — significant economic presence and fractional apportionment, the Modified Residual Profit Split, and the distribution approach — were included in this policy.

Routine and Non-routine profits

1. The other proposals include splitting up of global profits of a corporation into routine and non-routine.

2. A fraction of non-routine profits would be allocated to the qualifying market jurisdictions.

3. If there is any dispute arising from such taxation it would be resolved through mandatory or binding dispute resolution.

4. This would require serious effort and a harder consensus on issues such as what constitutes routine profit.

When will the solution be fair to India and others?

1. India is in a unique position as it offers a wide user-base and thus a large market for digital companies.

2. A unified approach backing the new nexus rule is only a partial win for India.

3. Reliance on conventional transfer pricing could make the taxation of digital companies more complex.

4. While the idea of consensus is critical for international relations, it has to be evaluated in light of the misalignment of economic interests between developing and developed countries.

5. A good tax system is often evaluated along the axes of certainty, simplicity, and neutrality.

6. The suggested measures undermine these principles.

7. A possible fair alternative may perhaps be to switch to a simpler withholding tax architecture.

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