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        Customs, DGFT & SEZ

        FINANCE BILL, 2010 - Notice of Amendments - The Bill was passed by Lok Sabha as on 29-4-2010

        April 29, 2010

        📋
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        LOK SABHA

        FINANCE BILL, 2010

        (As Introduced in Lok Sabha)

        Notice of Amendments

        Sl. No.
        Name of Member and text of Amendment
        Clause No.
        SHRI PRANAB MUKHERJEE:
        1.Page 5, line 46, Omit 'and';'
        2.

        Page, after line 46, insert -

        (ab) on or after the 1st day of April, 2010, where the specified business is in the nature of building and operating a new hospital with at least one hundred beds of patients;

        (ac) on or after the 1st day of April, 2010, where the specified business is in the nature of developing and building a housing project under a scheme for slum redevelopment or rehabilitation framed by the Central Government or a State Government, as the case may be, and which is notified by the Board in this behalf in accordance with guidelines as may be prescribed; and";'

        10

        10

        3.

        Page 5, line 48, -

        for "and clause (aa)"

        substitute", clause (aa), clause (ab) and clause (ac)".

        10
        4.

        Page 5, after line 52, insert -

        '(v) building and operating, anywhere in India, a new hospital with at least one hundred beds for patients;

        (vi) developing and building a housing project under a scheme for slum redevelopment or rehabilitation framed by the Central Government or a State Government, as the case may be, and notified by the Board in this behalf in accordance with the guidelines as may be prescribed;'.

        10
        5.

        Page 6, line 47,-

        after "to a limited liability partnership"

        insert "or any transfer of a share or shares held in the company by a shareholder"

        18
        6.

        Page 7, for lines 24 and 25, substitute-

        "asset or share or shares not charged under section 45 by virtue of conditions laid down in the said proviso shall be deemed to be the profits and gains chargeable to tax of the successor limited liability partnership or the shareholder of the predecessor company, as the case may be, for"

        19
        7.

        Page 7, after line 30, insert -

        (aa) after sub-section (2AA). the following sub-section shall be inserted with effect from the 1 st day of April, 2011, namely : -

        "(2AAA) Where the capital asset being rights of a partner referred to in section 42 of the Limited Liability Partnership Act, 2008 became the property of the assessee on conversion as referred to in clause(xiiib) of section 47, the cost of acquisition of the asset shall be deemed to be the cost of acquisition to him of the share or shares in the company immediately before its conversion."

        20

         

         

        6 of 2009

        8.Page 14, after line 7, insert- 62A (New)
        Amendment of the Second Schedule.
        "62A. In the Second Schedule to the Customs Tariff Act, against heading No. 16, in column (3), for the entry "Rs.2500 per tonne" the entry "Rs. 10000 per tonne" shall be substituted."
         
        9.

        Page 17, after line 49, insert-

        '(3A) for clause (77c), the following clause shall be substituted namely:-

        '(77c) "passenger" means any person boarding an aircraft in India for performing domestic journey or international journey.

        75
        10.

        Page 39, line 9, in column (3),

        after"on inputs"

        insert"or input services".

        The Eighth Schedule

        P.D.T Achary
        Secretary General

        New Delhi
        Dated : April 28, 2010

        Tax incentives broadened to include new hospital and slum redevelopment projects; LLP conversion rules treat share cost as pre-conversion cost. Amendments add specified businesses qualifying for statutory treatment to include building and operating new hospitals meeting a minimum bed threshold and developing housing projects under government slum redevelopment or rehabilitation schemes notified under prescribed guidelines; modify clause structure to add corresponding subclauses. They treat transfers of shares in a company in the context of conversion to a limited liability partnership as within scope and deem the cost of acquisition on conversion to be the cost of the pre-conversion share or partner rights. Separate changes amend the Customs Tariff entry, expand the definition of passenger for air travel, and extend references to include input services.
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Tax incentives broadened to include new hospital and slum redevelopment projects; LLP conversion rules treat share cost as pre-conversion cost.

                              Amendments add specified businesses qualifying for statutory treatment to include building and operating new hospitals meeting a minimum bed threshold and developing housing projects under government slum redevelopment or rehabilitation schemes notified under prescribed guidelines; modify clause structure to add corresponding subclauses. They treat transfers of shares in a company in the context of conversion to a limited liability partnership as within scope and deem the cost of acquisition on conversion to be the cost of the pre-conversion share or partner rights. Separate changes amend the Customs Tariff entry, expand the definition of passenger for air travel, and extend references to include input services.





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