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    Cabinet approves merger of rail budget with general budget; advancement of budget presentation and merger of plan and non-plan classification in budge...
    Minister of Railways launches three more Budget Announcement 2016-17 namely (1) Extension of newly introduced cancellation facility for PRS counter ti...
    Railways Decides to Withdraw the Levy of Port Congestion Surcharge
    Government constitutes a Sub-Committee under the aegis of the High Level Committee (HLC) on issues related to excise duty on different articles of jew...
    Sector wise Beneficiaries of Railway Budget 2016-17
    Clarifications on levy imposed on jewellery
    Highlights of Railway Budget 2016-17 in Questions and Answers Format (Q & A Format)
    “2016-17 Central Budget is a budget for villages, farmers, poor, entrepreneurs and youth.” Steel & Mines Minister
    Clarification about Changes made in the Tax Treatment for Recognised Provident Fund & National Pension System (NPS)
    Government approves the proposal of Department of Investment and Public Asset Management for laying down the Procedure and Mechanism for Strategic Dis...
    Budget 2016 - Direct taxes
    Union Budget 2016-2017
    Clean Energy Cess and Infrastructure Cess on Specified Goods Notifications
    Central Excise - Tariff Notifications, Non-Tariff Notifications and Circular - Budget 2016
    Customs - Tariff Notifications, Non-Tariff Notifications and Circular - Budget 2016
    Service Tax Notifications - Notifications and Circular - Budget 2016
    ICAI Reaction: Union Budget 2016-17
    1500 Multi Skill Training Institutes to be set-up across the country, ₹ 1,700 crore provided in the Budget 2016-17
    Measures for moving towards a pensioned society
    FM: Tax Proposals are aimed at Boosting Economic Growth and Employment Generation
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    September 21, 2016
    Show AI Summary
    Merger of Railway Budget with the General Budget enables unified appropriations and removal of historic dividend liability.
    The Cabinet approved three budget reforms from Budget 2017-18: merger of the Railway Budget with the General Budget while preserving Railways as a distinct departmentally run commercial undertaking with existing functional autonomy, elimination of the capital at charge and related dividend liability enabling Gross Budgetary Support and inclusion of Railway appropriations in the main Appropriation Bill; advancement of the date of Budget presentation to enable completion of Budget business before year end and reduce reliance on Vote on Account; and merger of Plan and Non Plan classifications while retaining earmarking for SCSP/TSP and North Eastern allocations to better link outlays to outcomes and focus on revenue and capital expenditure.
    May 25, 2016
    Show AI Summary
    Cancellation facility for PRS counter tickets enabled via IRCTC/139 with OTP validation and prescribed refund collection rules.
    Extension of a web- and IVR-based cancellation facility permits PRS counter ticket cancellations for confirmed, RAC and waitlisted PNRs via the IRCTC website or 139 subject to PNR/train number entry, OTP authentication to the mobile number recorded at booking, and specified cut off times; refunds must be collected at the journey commencing station or designated satellite PRS locations within prescribed time windows, certain ticket types are excluded, and cancellations are restricted in cases of train running anomalies.
    April 16, 2016
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    Port congestion surcharge withdrawal boosts rail freight competitiveness and aims to reverse traffic diversion to road.
    Withdrawal of the Port Congestion Surcharge is effective immediately, removing the 10% levy on base freight for port originating traffic to reduce logistics costs and attract incremental import and container volumes back to rail; the surcharge was earlier imposed to offset detention of rolling stock at congested ports but is withdrawn following a marked decline in port congestion.
    March 22, 2016
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    Excise duty on jewellery: provisional rules allow first sale valuation and curb enforcement pending Sub Committee recommendations.
    A Sub Committee has been constituted to advise on implementation of excise duty on jewellery, to receive representations and report within sixty days. Until its recommendations are finalised, excise payments must be based on first sale invoice value; invoice valuations will not be challenged if caratage/purity, weight and gemstone carats are stated; central excise enforcement is restrained (no visits, arrests, searches or seizures); exporters may use self declaration with submission of LUT to customs; registration may be taken within the transitional period while liability for duty remains effective from the Budget's effective date.
    March 5, 2016
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    Railway regulatory reform expands governance, transparency and PPP frameworks to modernise services and monetise assets.
    Railway Budget sets a policy framework to modernise operations through governance reforms, creation of planning and investment bodies, a Rail Development Authority bill, and movement to EPC contracting for large projects. It mandates transparency measures including expanded e procurement, internal and security audits, third party audits, CCTV coverage, and performance MoUs with zonal railways. Market reforms and PPPs are prioritised to monetise land and data, liberalise freight and parcel traffic, develop station and cold storage infrastructure, and rationalise tariffs; simultaneous safety, accessibility and environmental initiatives target infrastructure upgrades and passenger amenities.
    March 4, 2016
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    Excise duty on jewellery imposed; simplified online compliance and registration with enhanced small scale exemption limiting liability for smaller jewellers.
    A nominal excise duty on articles of jewellery was introduced with input service credit usable for duty payment; targeted exemptions include most silver jewellery and job workers, while enhanced small scale industry thresholds limit liability for many jewellers. Compliance is simplified through optional centralized registration, online filing and payment, acceptance of existing private and VAT records, no routine physical verification, monthly duty payment with a simplified quarterly return, and streamlined export procedures for exempt units; CA certification based on books of account suffices for SSI eligibility determination.
    March 3, 2016
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    Railway reform agenda: restructuring institutions and monetising assets to drive capacity expansion and service modernisation.
    The Railway Budget 2016-17 sets a reform oriented programme to reorganise and modernise railways through institutional restructuring, creation of specialised organisations for planning, R&D and analytics, time bound missions for axle load, speed, safety and procurement reforms, and accelerated capacity augmentation including broad gauge expansion, electrification, dedicated freight and high speed corridors. It pairs these investments with a diversified revenue strategy-station redevelopment, monetisation of land and soft assets, liberalised freight and parcel policies, institutional investment and manufacturing revenues-while advancing passenger amenities, technology integration, cleanliness, environmental measures and staff welfare.
    March 1, 2016
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    Budget measures to stimulate infrastructure and trade policy adjustments aimed at boosting domestic steel demand and industry protection.
    The budget deploys fiscal spending and tariff adjustments to stimulate rural and agricultural development and to shape metal industry demand: higher customs duty on zinc alloy to curb imports, removal of export duty on low-grade iron ore to promote exports, and a customs duty increase on aluminium to protect domestic producers. Public investments and policy changes-expanded LPG connections, village electrification, 100% FDI via FIPB in food products, and large irrigation outlay-are identified as anticipated drivers of steel demand for specific products such as coils, poles, structural steel, containers, silos, pipes and tubes.
    March 1, 2016
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    Provident fund and NPS corpus tax treatment clarified; annuity investment secures tax exemption and employer contribution limits discussed.
    Revised tax treatment requires a portion of provident and NPS corpus withdrawn at retirement to be tax exempt, and stipulates that amounts subsequently invested in an annuity will not be taxable; transfers of the original corpus to heirs after the annuitant's death are also tax free. The Budget leaves EPF coverage within the statutory wage limit unchanged, alters withdrawal tax treatment for voluntary higher paid EPF members to link tax exemption to annuitisation of a portion of corpus, and introduces a monetary ceiling on employer contributions for tax purposes, with representations on these points to be considered by the Finance Minister.
    March 1, 2016
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    Strategic disinvestment procedure centralises NITI Aayog role and establishes supervision, valuation and monitoring safeguards with Independent External Monitor.
    Strategic disinvestment procedure creates an institutional framework where NITI Aayog identifies CPSEs, recommends valuation methods and advises on mode and share percentage; a Core Group of Secretaries headed by the Cabinet Secretary will supervise implementation. The Administrative Ministry must carry out valuation and appoint asset valuers; an inter ministerial Evaluation Committee chaired at FA level will fix the reserve price. An Independent External Monitor will vet the process and address grievances, and the Ministry of Finance may put in place protective mechanisms for the disinvestment process.
    February 29, 2016
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    Dividend taxation now taxes shareholder receipts, changing exemption regime and impacting individual and firm taxpayers.
    Budget amendments adjust corporate tax rates and introduce a concessional rate for new domestic manufacturers subject to incentive exclusion; impose dividend taxation in the hands of resident recipients above a threshold; introduce an equalization levy on specified digital service consideration payable to non residents; clarify MAT non applicability for foreign companies without a PE; expand withholding and reporting adjustments; and overhaul compliance by shortening assessment timelines, introducing a dispute resolution scheme, and replacing concealment penalty law with Section 270A providing graded penalties and limited immunity.
    February 29, 2016
    Show AI Summary
    Finance Act reforms set out tax and indirect tax measures with clause-wise changes and administrative notifications.
    The Union Budget materials summarize the operative fiscal framework centred on the Finance Act and the Finance Bill, providing clause-wise highlights and explanatory aids for changes to taxation. They set out revisions to Service Tax, Central Excise, Cess and Customs and include notifications, clarifications, downloadable PDFs and press releases to guide compliance and administration.
    February 29, 2016
    Show AI Summary
    Clean energy cess amendments establish revised infrastructure cess rates and rescind an earlier cess notification.
    Amendments update the Clean Energy Cess notification, specify effective rates for an Infrastructure Cess on designated goods, and rescind a prior Clean Energy Cess notification so the revised notification-based levy framework governs the specified goods.
    February 29, 2016
    Show AI Summary
    Central excise amendments update exemptions, CENVAT refund timelines, interest rate and procedural rules after budgetary revisions.
    Budgetary changes institute central excise amendments to tariff and non tariff notifications, rescind specified prior notifications, adjust area based exemptions, amend commodity classification and tariff values, and exempt media carrying recorded Information Technology software to the extent that value attracts service tax; non tariff changes revise procedural rules including CENVAT Credit Rules, refund time limits for export of services, interest rate prescription for collection purposes, and introduce centralized registration for jewellery manufacturers.
    February 29, 2016
    Show AI Summary
    Customs tariff amendments implement Budget changes and modify exemptions, duties and project import regulations and baggage and interest rules notified.
    Customs tariff amendments implement Budget changes by amending existing notifications to adjust rates, exemptions and applicability, including changes to specified project lists under heading 9801, Project Import Regulations, additional duty rates under the Customs Tariff Act, withdrawal or grant of duty exemptions, and an increased value threshold for bona fide gifts imported by post or air freight. Non-tariff measures and a departmental circular address interest rates under the Customs Act, concessional import rules for manufacture of excisable goods, baggage rules, and related administrative changes.
    February 29, 2016
    Show AI Summary
    Service tax amendments clarify liability, exemptions, point of taxation rules and prescribe interest rates and procedural extensions.
    Service tax notifications amend procedural rules and prior notifications to clarify the extent of tax liability between service providers and other persons, insert explanations into the Point of Taxation Rules, prescribe interest rates under the Finance Act, and adjust taxable portions and conditions for specified exemptions including targeted exemptions for approved bio incubators and certain recorded IT software.
    February 29, 2016
    Show AI Summary
    Small taxpayer relief expands presumptive taxation and deductions to simplify compliance and reduce litigation exposure.
    The Budget widens simplified tax relief for small taxpayers by extending presumptive taxation to more professionals, raising the turnover threshold for presumptive business taxation, increasing rebates and deductions for rent and first time home buyers, while proposing taxation and caps affecting provident fund and employer contributions. It introduces a Dispute Resolution Scheme with reduced penalties and immunity subject to payment and withdrawal of disputes, a graded penalty framework, stay on demand on partial payment, appellate capacity increases, amendments to credit rules, and international measures including a Tax Equalization Levy and Country by Country reporting.
    February 29, 2016
    Show AI Summary
    Government funds employer pension contributions to incentivise formal-sector hiring, alongside expanded national skilling and placement measures.
    The Government will finance employer pension contributions for newly enrolled formal-sector employees for an initial employment period, subject to salary-based eligibility, and the Finance Bill proposes to broaden an existing income-tax-linked employment generation incentive. Budgetary allocations are provided to establish 1,500 Multi Skill Training Institutes, scale up a national skills programme, create a National Board for Skill Development Certification, operationalize 100 Model Career Centres, and inter-link State employment exchanges with the National Career Service platform to enhance training and placement.
    February 29, 2016
    Show AI Summary
    Pension tax exemption introduced for partial corpus withdrawals; employer contribution limit and service tax relief for annuities follow.
    Proposals change tax treatment of retirement benefits: a tax exemption for partial withdrawal of pension corpus at retirement under NPS and a corresponding 40% tax free corpus treatment for superannuation and recognized provident funds (for contributions after 1 April 2016); annuity payments passing to legal heirs will be non taxable; employer contributions to recognized provident and superannuation funds will be subject to a monetary ceiling for tax benefit; and service tax relief is proposed for NPS annuity services, EPFO services and certain single premium annuity policies.
    February 29, 2016
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    Start up tax incentives expanded to spur growth while phased limits on selective corporate exemptions accompany rate reductions.
    Tax proposals deploy targeted incentives to boost growth and employment: a start up deduction exempting profits for a limited period under conditions; a preferential patent income regime for domestically developed patents; an optional reduced tax regime for new manufacturers that forgo certain deductions and accelerated allowances; service tax exemptions for specified skill training services; a one year deferral for residency determination by Place of Effective Management; pass through taxation for securitisation trusts to support Asset Reconstruction Companies; and phased limits on accelerated depreciation and research deductions alongside gradual corporate tax rate reduction.

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      ICAI Reaction: Union Budget 2016-17

      February 29, 2016

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      1. Small Taxpayers
      • Reducing income-tax burden by ₹ 3,000 for small tax payers by increasing rebate under section 87A;
      • Increasing deduction for rent payment  under section 80GG to ₹ 60,000/-;
      • Introducing presumptive taxation scheme for professionals with gross receipts upto ₹ 50 lakh
      • Increasing the limit of turnover for availing presumptive taxation under section 44AD to ₹ 2 crores are the significant benefits to small tax payers.

      Some of the above are the recommendations of ICAI which have been accepted.

      • The additional deduction of ₹ 50,000 per annum towards interest on housing loan for first time small home buyers is a welcome proposal. Service tax exemption on construction of affordable houses under any Scheme of Central or State Government  will  further facilitate first time home buyers.  
      • The Government is proposing to tax  60% of  provident fund withdrawals, which are as of now completely exempt from income-tax. In a country like India, since not many social security schemes are in place, this provision may require reconsideration in the interest of welfare of senior citizens who may not have alternate sources of income post retirement. 
      • In a bid to rationalize NPS, the settled position relating to tax exemption of PF and superannuation funds has been disturbed. 
      • Such withdrawals  would continue to be exempt only for employees participating in RPF with a monthly salary of upto ₹ 15,000, which threshold is very low. A significant number of employees would fall outside the scope of this exemption.   
      • Furthermore, the proposal for placing a monetary cap of ₹ 1,50,000 on employer’s contribution to recognized provident fund would once again be detrimental to the interest of salaried class.   

      II.        Reducing Litigation and providing certainty in taxation

      • The Hon’ble Finance Minister’s stated objective is to counter tax evasion strongly and divert recourse in that direction and avoid long pending litigation and therefore, the tax proposals in this regard are in the nature “Limited Period Compliance Window”, providing for reduced rate of penalty and immunity from prosecution when the payment is made within the said limited period.
      • Formulation of a new Dispute Resolution Scheme (DRS), keeping in mind the large number of cases pending before Commissioner (Appeals), is a welcome measure proposing penalty waivers based on disputed tax limits.  Reducing the stringency of penal provisions will go a long way in reducing tax litigation and improving compliance.
      • The Finance Act, 2012 had made significant retrospective amendments bringing to tax gains from off-shore transactions where the value is attributable to the underlying assets located in India.  These amendments had huge revenue implications.  Now, the Budget proposes a  one-time scheme of Dispute Resolution for ongoing cases relating to such retrospective amendment. The scheme requires assessees to pay the tax arrears and withdraw any pending case. This, however, does not seem to be in line in line with the Government’s intention of not creating any fresh liability based on a retrospective amendment. This scheme, in effect, requires payment of the tax liability for closure of dispute.  Mere waiver of interest and penalty cannot be a cure for the huge tax liability resulting out of a retrospective amendment.   
      • Introducing a graded penalty scheme in the place of a broad range of 100% to 300% of tax sought to be evaded would definitely serve the intended objective of reducing the discretionary power of the tax officers, and bring in an element of certainty. 
      • Granting stay of demand on payment of 15% of disputed demand is yet another  taxpayer friendly measure.
      • Other laudable measures are creation of eleven new benches of CESTAT and raising monetary limit of deciding an appeal by a single member bench of ITAT; these measures would reduce pendency at the appellate tribunal  level and help clear the huge backlog of pending cases. 
      • Amendment in CENVAT Credit Rules, 2004, which have always been vulnerable to disputes, would help in clarifying the correct position of law  thereby reducing associated litigation.

      III.    International Taxation  

      • Tax Equalization Levy at 6% on payment to Non Resident for online advertisement and other specified payments covered under Chapter VIII of The Finance Act and not under the Income- tax Act will not be eligible for Foreign tax Credit to the Non Resident under the DTAA in his country.  Non Residents have over last few years entered into net of tax contracts with Indian residents.
      • Considering that the guidelines relating to Place of Effective Management (POEM) have still not been notified, the postponement of provisions relating to POEM by one year is a welcome step. 
      • Provisions regarding Country by Country reporting sought to be introduced under the Transfer Pricing provisions. This is in line with the OECD  Action Plan of Base Erosion and Profit Shifting (BEPS) which is being adopted by the Government.

       

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