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Exemption for sovereign and pension funds broadened to allow varied infrastructure investment routes with proportionate tax relief.
Amendments expand tax exemption routes for specified SWF and PF investors by permitting Category I/II AIFs with up to fifty percent non-eligible investments and investment in InvITs, allowing investment via newly formed domestic holding companies with minimum seventy-five percent infrastructure investments, and permitting investment in NBFC-IDF/IFC entities that lend at least ninety percent to infrastructure entities; exemptions will be calculated proportionately where thresholds are not met. Loans for the purpose of making investments in India remain prohibited, day-to-day operational participation is barred while monitoring roles are permitted, and pension funds taxable abroad qualify if fully exempt under their home law. Effective 1 April 2021.
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Taxation of overseas retirement withdrawals: Central Government may prescribe year and manner of taxation to remove timing mismatch.
A new Section 89A is proposed to permit the Central Government to prescribe the year and manner in which income of a specified person from a specified account is taxed, addressing mismatches where an overseas retirement account is taxed on withdrawal abroad but on accrual in India; "specified person", "specified account" and "notified country" are defined, and the amendment is to apply prospectively from the tax year beginning 1 April 2022.
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Minimum Alternate Tax adjustments allow recomputation of past years' book profit for APA and secondary adjustments.
Amendments to section 115JB allow a taxpayer to apply to the Assessing Officer for recomputation of past years' book profit and tax where past year income is included in current books due to an APA or secondary adjustment; section 154 applies and its four year period is reckoned from the end of the financial year in which the application is received. Similar treatment is provided for specified dividend income of foreign companies where such income is taxed below MAT under a double taxation agreement, by adjusting both the dividend income and related expense in computing book profit.
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TDS exemption on dividend payments to business trusts now excludes withholding where dividends are exempt in the trust's hands.
The second proviso to section 194 is amended to exclude payment of dividends from withholding where dividends are credited or paid to a business trust by a special purpose vehicle or to other notified persons; the amendment is made retrospective to the start of the prior financial year.
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Withholding on FII payments: deduction at the lower of statutory rate or applicable treaty rate where TRC is furnished.
Withholding on payments to FIIs is amended so that where a payee is entitled to benefits under a double taxation agreement and has furnished the prescribed tax residency certificate, tax shall be deducted at the lower of the statutory deduction rate and the rate provided in the agreement for such income; the amendment is prospective from 1 April, 2021.
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Tax audit threshold increased for eligible businesses with limited cash transactions, easing audit compliance from assessment year 2021-22.
The Finance Bill, 2021 proposes to raise the higher audit-threshold applicable to businesses that maintain limited cash transactions-specifically where aggregate cash receipts and aggregate cash payments do not exceed the prescribed five percent limits-so as to reduce compliance burden on small and medium enterprises and incentivise non-cash transactions. The amendment is prospective and will apply from 1 April 2021 for the relevant assessment year and thereafter, with existing audit requirements remaining in force where the cash-transaction conditions are not met.
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Advance tax interest exemption: dividend income (excluding deemed dividend) added to 234C exclusions when full tax paid later.
The amendment adds dividend income (excluding deemed dividend) to the list of incomes exempted from interest for shortfall in advance tax instalments, so long as the taxpayer pays the full tax in subsequent instalments; it thereby prevents interest being charged on advance tax shortfalls attributable to dividend receipts.
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Exemption threshold for receipts on behalf of educational and hospital institutions expanded, widening small trust eligibility from next assessment year.
Amendment raises the prescribed annual receipts limit that determines entitlement to the exemption under sub-clauses (iiiad) and (iiiae) of clause (23C) of section 10 for income received on behalf of universities/educational institutions and hospitals/institutions. The increased threshold applies to aggregate receipts from the specified institutions, expanding eligibility for small trusts and institutions. The amendment takes effect from 1 April 2022 and applies to the assessment year 2022-23 and subsequent assessment years.
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Due date extensions for partner-related taxpayers and reduced filing window for belated and revised returns.
Amendments align original return due dates for spouses of partners and partners of firms with the firms' audit or reporting deadlines, shorten the filing window for belated and revised returns by three months, and allow the Board by notification to relax or modify specified defective-return conditions for classes of assessees; effective from 1st April, 2021 for assessment year 2021-22 and subsequent years.
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Employee contribution treatment clarified: employer-payment exclusion no longer applies for determining due date and deduction entitlement.
The Finance Bill amends relevant deduction and employer-payment exclusion provisions to state explicitly that the employer-payment exclusion does not apply, and is deemed never to have applied, for determining the "due date" for employee contributions; the amendments distinguish employee contribution (the employee's own funds held in fiduciary capacity) from employer contribution to prevent unjust enrichment and to clarify deduction entitlement and compliance obligations.
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Dispute Resolution Committee offers optional faceless settlement with penalty relief and possible prosecution immunity.
The proposed Dispute Resolution Committee under section 245MA offers an optional, faceless dispute resolution route for small and medium taxpayers where returned income and aggregate variation fall within prescribed thresholds; exclusions apply for cases originating from searches, requisitions, surveys or specified information and for taxpayers subject to detention, prosecution or conviction. The DRC may, subject to conditions, reduce or waive penalties and grant prosecution immunity. The Central Government may notify a scheme to operationalise faceless procedures, adapt Act provisions for the scheme, and impose time limited notification powers; the amendment is to take effect from 1 April 2021.
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Advance Rulings Reform: Board issues non-binding rulings with judicial appeal, replaces existing Authority and transfers pending cases
A two-member Board for Advance Rulings will replace the Authority from a notified date; Board rulings will not be binding and may be challenged by judicial appeal. Pending applications with no final order before the notified date will be transferred to the Board with all records. Chapter XIX-B provisions will be amended to substitute references to the Authority with the Board, insert Board definitions, permit a government scheme to govern Board procedures, and align procedural and appellate mechanisms accordingly.
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Assessment procedure reform: pre notice enquiries and prior authority approval introduced, with risk flagged information driving reopens.
Proposed amendments recast assessment procedure so section 147 reassessments require information suggesting escaped income and prior specified authority approval before issuing a section 148 notice. Section 148A mandates, except in search/requisition cases, prior enquiries, an opportunity to be heard and a reasoned order on fitness to issue notice, with Board risk flagged data and third party information treated as triggering information. Time limits retain a general three year bar with limited extended exceptions, exclude periods of taxpayer response or court stays, and preserve Assessing Officer powers to address subsequently discovered issues during proceedings.
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Faceless notice issuance: prescribed income-tax authority may issue notices under inquiry-before-assessment provision enabling centralized automated compliance.
Amendment empowers the prescribed income-tax authority, alongside the Assessing Officer, to issue notices under section 142(1)(i) to compel non-filers to submit returns; this enables centralized, automated and faceless issuance of such notices and aligns notice powers with the Government's policy to eliminate person-to-person taxpayer-department interface, effective 1 April 2021.
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Faceless proceedings enable jurisdictionless appellate processing to reduce human interface and improve administrative efficiency.
Faceless proceedings for appellate disposal before the Income-tax Appellate Tribunal are proposed to eliminate physical interface to the extent technologically feasible, optimise resource utilisation through economies of scale and functional specialisation, and introduce an appellate system with dynamic jurisdiction. The Central Government would be empowered to notify a scheme and issue notifications adapting or disapplying provisions of the Act as necessary to implement the faceless framework, with publication in the Official Gazette and parliamentary laying requirements.
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Discontinuance of Income-tax Settlement Commission: pending settlement cases transferred to Interim Boards with inherited powers.
Income-tax Settlement Commission is discontinued and pending settlement applications will be handled by one or more Interim Boards of Settlement composed of three senior officers; the Interim Boards inherit the Commission's powers mutatis mutandis for disposal and rectification of orders, pending applications are deemed valid where invalidity was not declared, assessees may withdraw applications within a prescribed period causing proceedings to abate with specified exclusions to limitation and use of material, and the Central Government may notify a scheme to regulate settlement of pending applications and adapt Act provisions for transitional efficiency.
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Reduction of assessment time-limit shortens statutory window for completing income-tax assessments under faceless assessment reforms.
The Finance Bill reduces the statutory time limit for completion of income-tax assessment proceedings, further shortening the window for passing assessment orders in scrutiny cases. The amendment is justified by the operational efficiencies of the Faceless Assessment Scheme-characterised by electronic, team-based, jurisdiction-less procedures-and aims to reduce taxpayer compliance burden and enable earlier detection of revenue leakages; it takes effect from 1 April, 2021.
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Double deduction prevention: corpus and loan-funded applications excluded unless reinvested or repaid from prior-year income.
Voluntary contributions specifically directed to form part of corpus must be invested or deposited in prescribed modes maintained separately; application from corpus and from loans or borrowings will not qualify as application for computing the mandatory application threshold, except where reinvestment to corpus or repayment of loans from previous year's income is deposited into prescribed modes, which will then be allowed as application in that previous year. No set-off or allowance of excess application from years before the previous year shall be permitted.
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Exemption limits for ULIPs tightened, with excluded policies taxed as capital gains and included under equity-oriented fund rules.
Amendments exclude from the exemption under clause (10D) of section 10 those ULIPs issued on or after 1 February 2021 whose annual premium for any policy year (or aggregate premium across multiple ULIPs held by a person) exceeds the prescribed threshold, while excluding death proceeds. Such excluded ULIPs are classified as capital assets, gains on redemption are to be taxed as capital gains under a new section 45(1B) with rules for computation, and will be treated as equity oriented funds for section 112A and 111A purposes. STT is made applicable on maturity or partial withdrawal of such ULIPs.
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Slump sale definition expanded to include all forms of transfer, extending scope of capital gains computation.
Amendment expands the scope of the slump sale definition so that any mode of transfer included in the statutory definition of "transfer" can constitute a slump sale for capital gains computation; this codifies the judicial principle that transactions in substance amounting to a sale - including those with non monetary consideration or alternative legal forms - fall within the slump sale regime and aims to prevent structuring to defeat the provision.

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AMENDMENTS IN THE FIRST SCHEDULE TO THE CUSTOMS TARIFF ACT, 1975  - FINANCE (No.2) BILL, 2019

5 July, 2019

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AMENDMENTS IN THE FIRST SCHEDULE TO THE CUSTOMS TARIFF ACT, 1975   

 

AMENDMENTS

A.

Tariff rate changes for  Basic Customs Duty [to be effective from 06.07.2019]*  [Clause [87(a)] of the Finance (No. 2) Bill, 2019]

Rate of Duty

S. No

Heading, sub-heading tariff item

Commodity

From

To

 

 

Construction Materials

 

 

1

3918

Floor covering of plastics, Wall or ceiling coverings of plastics

10%

15%

2

     

6905,

6907

Ceramic roofing tiles and ceramic flags and pavings, hearth or wall tiles 

10%

15%

3

8302

Base metal fittings, mountings and similar articles suitable for furniture, doors, staircases, windows, blinds, hinge for auto mobiles 

10%

15%

 

 

Precious Metals

 

 

4

7106

Silver (including silver plated with gold or platinum) unwrought or in semimanufactured forms, or in powdered form

10%

12.5%

5

7107 00 00

Base metals clad with silver, not further worked than semi-manufactured

10%

12.5%

6

7108

Gold (including gold plated with platinum) unwrought or in semimanufactured forms, or in powder form 

10%

12.5%

7

7109 00 00

Base metals or silver, clad with gold, not further worked than semimanufactured

10%

12.5%

8

7110

Platinum, unwrought or in semi-manufactured form, or in powder form

10%

12.5%

9

7111 00 00

Base metals, silver or gold, clad with platinum, not further worked than semimanufactured

10%

12.5%

10

7112

Waste and scrap of precious metals or of metal clad with precious metals; other waste and scrap containing precious metal compounds, of a kind used principally for the recovery of precious metal

10%

12.5%

 

 

Automobile parts 

 

 

11

6813

Friction material and articles thereof (for example, sheets, rolls, strips, segments, discs, washers, pads), not mounted, for brakes, for clutches or the like, with a basis of asbestos, of other mineral substances or of cellulose, whether or not combined with textile or other materials. 

10%

15%

12

7009

Glass mirrors, whether or not framed, including rear-view mirrors

10%

15%

13

8301 20 00

Locks of a kind used in motor vehicles 

10%

15%

14

8421 23 00

Oil or petrol filters for internal combustion engines

7.5%

10%

15

8421 31 00

Intake air-filters for internal combustion engines

7.5%

10%

16

 

 8421 39 20,

8421 39 90

Air purifiers or cleaners and other filtering or purifying machinery and apparatus for gases 

7.5%

10%

17

8512 10 00,

8512 20 10,

 8512 20 20

Lighting or visual signaling equipment of a kind used in bicycles or motor vehicles 

10%

   15%

18

 

8512 20 90,

8512 30 90

Other visual or sound signalling equipment for bicycles or motor vehicles

7.5%

15%

19

8512 30 10

Horns for vehicles

10%

15%

20

8512 90 00

Parts of visual or sound signalling equipment for bicycles or motor vehicles

7.5%

10%

21

 

8512 40 00,

8539 10 00,

8539 21 20,

8539 29 40

Windscreen wipers, defrosters and demisters, Sealed beam lamp units and other lamps for automobiles

10%

15%

22

8706

Chassis fitted with engines, for the motor vehicles of headings 8701 to 8705. 

10%

15%

23

8707

Bodies (including cabs), for the motor vehicles of headings 8701 to 8705

10%

15%

 

 

Electronics and Electrical equipments

 

 

24

8415 90 00

Indoor and outdoor unit of split –system air conditioner

10%

20%

25

8518 21 00, 8518 22 00

Loudspeaker

10%

15%

26

8521 90 90

Digital Video Recorder (DVR) and Network Video Recorder (NVR)

15%

20%

27

8525 80 

CCTV camera and IP camera

15%

20%

28

9001 10 00

Optical Fibres, optical fibre bundles and cables

10%

15%

 

Miscellaneous changes in Tariff Schedule

29

9804

Chapter Note 7 to be inserted in Chapter 98 so as to exclude printed books imported for personal use from the purview of heading 9804. This heading covers all dutiable articles imported for personal use and attracts 28% IGST. This amendment would exclude printed books from this heading and they would be subject to the applicable merit rate.

B.

Amendments not affecting rates of duty [Clause  87(b)  of the Finance (No. 2) Bill, 2019]

30

First Schedule to the Customs Tariff Act, 1975 is amended to:

(i) Create specific tariff lines for specific products, presently classified as others; (ii) Rectify the errors to align it with HSN.

These changes would come into effect from a date to be notified by the Central Government in the official gazette.

*  Will come into effect immediately owing to a declaration under the Provisional Collection of Taxes Act, 1931.   

 

 

 

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Acts Income Tax