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        Case ID :

        Rationalisation of the provisions relating to Commodity Transaction Tax

        February 5, 2018

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        G. RATIONALISATION MEASURES

        Rationalisation of the provisions relating to Commodity Transaction Tax

        The existing clause (7) of section 116 of the Finance Act, 2013 provides the definition of “taxable commodities transaction” to mean a transaction of sale of commodity derivatives in respect of commodities, other than agricultural commodities, traded in recognised association.

        In order to align the definition of “taxable commodities transaction” with instruments allowed for transaction in commodity derivatives, it is proposed to amend the clause (7) of section 116 so as to include “options in commodity futures” in the definition of “taxable commodities transactions”.

        The existing section 117 of the Finance Act, 2013 provides the rate at which a commodities transaction tax in respect of every commodities transaction, being sale of commodity derivative shall be chargeable and such tax shall be payable by the seller.

        In order to propose rates for option on commodity derivative, it is proposed to amend the provisions of section 117 so as to prescribe the rate at which sale of an option on commodity derivative shall be chargeable and such tax shall be payable by the seller.

        It is further proposed to amend the provisions of section 117 so as to prescribe the rate at which sale of an option on commodity derivative, where option is exercised, shall be chargeable and such tax shall be payable by the purchaser.

        The existing section 118 of the Finance Act, 2013 provides the value of taxable commodities transactions, being commodity derivative and chargeable under section 117 of the Finance Act, 2013.

        It is proposed to amend the provisions of section 118 so as to include the value of taxable commodities transaction, being option on commodities, chargeable under section 117 of the Finance Act, 2013, in the said section.

        These amendments will take effect from lst April, 2018, and will, accordingly, apply in relation to the assessment year 2018-2019 and subsequent years.

        [Clause 215]

        Commodity Transaction Tax on options in commodity futures: sale taxed payable by seller, exercise taxed payable by purchaser. Options in commodity futures are included in the definition of taxable commodities transactions; sale of an option will attract Commodity Transaction Tax payable by the seller, and where an option is exercised the purchaser will be liable to pay tax. Valuation provisions are amended to include the value of options. These amendments take effect from 1 April 2018 and apply to the assessment year 2018-2019 and subsequent years.
                        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.

                              Commodity Transaction Tax on options in commodity futures: sale taxed payable by seller, exercise taxed payable by purchaser.

                              Options in commodity futures are included in the definition of taxable commodities transactions; sale of an option will attract Commodity Transaction Tax payable by the seller, and where an option is exercised the purchaser will be liable to pay tax. Valuation provisions are amended to include the value of options. These amendments take effect from 1 April 2018 and apply to the assessment year 2018-2019 and subsequent years.





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                              ActsIncome Tax
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