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Prosecution for failure to pay tax collected at source extended to mirror prosecution provisions for tax deducted at source.
The proposal brings offences for failure to pay tax collected at source into the same prosecution provisions that apply to failures to pay tax deducted at source by expressly including the statutory provision for non-payment of tax collected at source within those prosecution sections, on the basis of the similar nature of the offences; the amendment is to take effect from the stated commencement date.
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Sunset clause on historic prosecutions: prohibits initiation of fresh prosecutions under section 276AB from April 2022.
Amendments propose a sunset clause in section 276AB to bar initiation of fresh prosecutions after 1 April 2022 for offences connected with transfers of immovable property made in the period when Chapter XX-C had been rendered inapplicable, while permitting continuation of prosecutions already initiated; additionally, section 276B is to be amended to substitute its cross-reference with an explicit reference to the proviso to the withholding provision to remove ambiguity created by prior amendments.
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Source of funds requirement for credited sums now requires creditor's explanation, with regulated venture funds exempted.
Amendment requires that any sum credited in an assessee's books-whether as loan, borrowing or other liability-will be treated as explained only if the source of funds is satisfactorily explained in the hands of the creditor or entry-provider; exception excludes regulated venture capital entities from this additional onus, and the change applies from the stated operative date to the listed assessment year and thereafter.
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Withholding tax refund procedure now allows the payer to seek refund from the Assessing Officer, with appellate review.
A new provision allows a person who deducted and bore tax under an agreement, where no deduction was required, to apply to the Assessing Officer for refund; the Assessing Officer may examine the underlying agreement, and the applicant may appeal the Assessing Officer's order to the Commissioner (Appeals). The previous route under section 248 will not apply for payments on or after the appointed date, effecting a procedural shift to assessment stage review.
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Exemption withdrawal for foreign technical-assistance remuneration; such income will be taxable from the assessment year beginning April next year.
The article sets out the phase-out of exemptions under clauses (8), (8A), (8B) and (9) of section 10 for remuneration, fees and related foreign-source income connected to cooperative or agency technical assistance programmes, describing existing eligibility rules (foreign citizenship/non-ordinary residency, nonresident status, prescribed-authority approvals) and explaining the policy rationale of tax simplification and protecting India's treaty taxing rights; the clauses are proposed to be inapplicable to income for the previous year relevant to the assessment year beginning on or after 1 April 2023.
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Concessional tax on foreign dividends removed, aligning tax treatment of foreign and domestic corporate dividends going forward.
Withdrawal of the concessional regime under Section 115BBD ends the special tax rate for dividends received by an Indian company from a specified foreign company, aligning their treatment with domestic dividends by making Section 115BBD inapplicable for assessment years beginning on or after the first day of April, 2023 so that such dividends are taxed in the shareholder's hands at applicable rates plus surcharge and cess.
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Taxation of virtual digital assets: new flat tax and mandatory withholding reshape transfers and gifting rules.
A dedicated tax regime segregates income from transfer of virtual digital assets under section 115BBH, taxing such income at a dedicated rate without deductions except cost of acquisition and disallowing set-off or carry forward of related losses. Section 194S mandates tax deduction at source on payments for transfer to residents with rules for in-kind consideration, specified person exemptions, treatment of suspense accounts as payee credits, and Board-issued guidelines; the definition of virtual digital asset (including NFTs) and gift taxation are adjusted with notification powers for the Central Government.
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Bonus and dividend stripping rules extended to securities and pooled investment units, widening anti avoidance coverage.
Section 94's anti avoidance provisions will be amended to apply sub section (8) on bonus stripping to securities and to expand dividend stripping rules to units of pooled investment vehicles by revising the Explanation to redefine "unit" to include business trust units such as InvITs, REITs and AIFs, thereby closing existing scope gaps and applying the provisions from the specified assessment year forward.
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Expanded reporting obligations now require producers and specified activity persons to report aggregate payments to tax authorities.
Section 285B is expanded to require producers of cinematograph films and persons engaged in specified activities to furnish Form 52A statements reporting particulars of aggregate payments above the prescribed threshold made to or due from each person engaged, with timing governed by the end of the financial year or completion of the work.
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TDS on business perquisites: providers must deduct tax at source before delivering benefits or perquisites.
A new section 194R mandates that the person responsible for providing any benefit or perquisite arising from business or profession to a resident must deduct tax at source on the value or aggregate value of such benefit or perquisite before providing it; where benefits are wholly in kind or partly in cash with insufficient cash to meet the deduction, tax must be ensured paid before release. Exemptions apply below a specified annual value threshold and for individuals or HUFs below specified turnover limits in the preceding year, with a stated effective date.
News Bills
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TDS on immovable property: deduction based on higher of consideration or stamp duty value, with threshold exemption.
The amendment requires TDS on transfer of immovable property to be deducted on the higher of the consideration payable or the stamp duty value of the property, ensuring consistency with valuation rules for income and capital gains; if both values are below the prescribed monetary threshold, no TDS is required, and "stamp duty value" carries the meaning assigned in the Act's Explanation.
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Specified person rule shortened to increase TDS/TCS coverage and prompt taxpayers to furnish returns under revised criteria.
Amendments reduce the non-filing window for the specified person from two years to one year for higher TDS/TCS applicability, substitute 'furnishing' for 'filing' to reflect electronic returns, correct deductor/collectee terminology, exclude specified withholding provisions and certain simplified individual/HUF regimes from section 206AB, and amend cross-references in section 194-IB; effective from April 1, 2022.
News Bills
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Change in shareholding rule: majority voting power retention after strategic disinvestment preserves carry forward of losses, subject to condition.
Amendment creates a conditional exemption from the change in shareholding bar on carry forward and set off of losses for an erstwhile public sector company where the ultimate holding company, immediately after strategic disinvestment, continues to hold, directly or through subsidiaries, an aggregate majority of the voting power; failure to maintain that majority in a subsequent year triggers application of the change in shareholding rule for that and later years.
News Bills
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Exemption for COVID-19 medical and death payments: employer payments fully exempt; third-party payments exempt subject to cap and time limit.
Amendments exclude COVID 19 related medical and death payments from taxable income: employer payments for an employee's or family member's COVID 19 medical treatment will not be treated as a perquisite; gratuitous receipts for COVID 19 medical expenditure received from any person, and ex gratia or other payments to family members on death from the deceased's employer (without limit) or from others up to a capped aggregate within a prescribed period, will not be income, subject to conditions and the statutory definition of family. These changes are retrospective to 1 April 2020.
News Bills
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Disability deduction extended to allow lifetime annuity or lump-sum payments when subscriber reaches senior age and payments cease.
Amendment permits deduction under Section 80DD where annuity or lump-sum payments are made to a disabled dependant during the lifetime of the subscriber provided the subscriber has attained senior age and payments or deposits have been discontinued; amounts so received by the dependant before death are not to be treated as the assessee's income under the prior deeming provision.
News Bills
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NPS deduction limit for state government contributions increased, providing retrospective tax relief to state government employees.
Amendment increases the statutory deduction under section 80CCD for State Government employer contributions to National Pension System accounts to align with the higher employer contribution threshold, effective retrospectively from April 1, 2020, and applicable to the relevant assessment year onward to prevent additional tax liability on contributions exceeding the prior lower limit.
News Bills
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IFSC tax exemptions expanded to cover offshore derivatives, ship lease income and portfolio income managed via IFSC accounts.
Amendments broaden tax exemptions and deductions for IFSC operations: extend section 10(4E) to non resident income from transfers of offshore derivatives with Offshore Banking Units; expand section 10(4F) to exempt royalty or interest on ship leases paid by qualifying IFSC units and define "ship"; insert section 10(4G) to exempt non resident income from portfolios managed by portfolio managers in IFSC Offshore Banking Unit accounts where income accrues outside India; include regulated Alternative Investment Funds in the section 56 specified funds explanation; and allow section 80LA deductions for transfers of ships leased by IFSC units, subject to commencement conditions.
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Alternate Minimum Tax parity: co operative societies' AMT rate aligned with companies, lowering their AMT burden from the prior higher rate.
The Finance Bill proposes amending section 115JC(4) to reduce the alternate minimum tax rate applicable to co operative societies to the company rate and consequentially amending the definition of alternate minimum tax in clause (b) of section 115JF, effective from 1st April, 2023 for the assessment year 2023 24 onwards.
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Startup tax exemption: incorporation deadline extended to cover delayed incorporations, expanding eligibility for upcoming assessment years.
Amendment extends the incorporation cutoff for claiming the full-profit deduction by eligible startups to accommodate COVID-related delays, while retaining existing qualifying conditions such as the turnover ceiling and requirement of certification from the Inter-Ministerial Board of Certification; the change takes effect from the commencement of the next fiscal period and applies to the specified assessment year and subsequent years.
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Concessional tax under section 115BAB extended to give new manufacturers extra time to commence production due to pandemic delays.
Section 115BAB permits new domestic manufacturing companies to opt for a concessional tax rate if they forgo specified incentives and meet conditions, including commencement of manufacturing by a statutory cut-off. The proposal amends section 115BAB to extend the deadline for commencement of manufacturing or production by one year to relieve companies delayed by the COVID 19 pandemic; the amendment takes effect from 1 April 2022 and applies to the assessment year 2022-23 and subsequent years.

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OTHER PROPOSALS INVOLVING CHANGES IN BASIC CUSTOMS DUTY RATES IN RESPECTIVE NOTIFICATIONS [with effect from 2.2.2021, unless specified otherwise]

1 February, 2021

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Budget 2021-22 + FINANCE Bill, 2021

OTHER PROPOSALS INVOLVING CHANGES IN BASIC CUSTOMS DUTY RATES IN RESPECTIVE NOTIFICATIONS [with effect from 2.2.2021, unless specified otherwise]

S. No

Chapter, Heading, sub- heading, tariff item

Commodity

From

To

 

 

Agricultural Products and By Products

 

 

1.

2207 20 00

Denatured Ethyl Alcohol (ethanol) for use in manufacture of excisable goods

2.5%

5%

2.

23

All goods except dog and cat food and shrimp larvae feed

Nil/ 5%/

10%/

15%/

20%/

30%

15%

 

 

Minerals

 

 

3.

2528

Natural borates and concentrates thereof

Nil/5%

2.5%

   

Fuels, Chemicals and Plastics

   

3.

2710

Naphtha

4%

2.5%

5.

2907 23 00

Bis-phenol A

Nil

7.5%

6.

2910 30 00

Epichlorohydrin

2.5%

7.5%

7.

2933 71 00

Caprolactam

7.5%

5%

8.

3907 40 00

Polycarbonates

5%

7.5%

9.

3908

Nylon chips

7.5%

5%

10.

3920 99 99

Other plates, sheets, films, etc. of other plastics

10%

15%

   

Leather

   

11

41

Wet blue chrome tanned leather, crust leather, finished leather of all kinds, including splits and sides of the aforesaid

Nil

10%

   

Textiles

   

12.

5002

Raw Silk (not thrown)

10%

15%

13.

5004, 5005,

5006

Silk yarn, yarn spun from silk waste (whether or not put up for retail sale)

10%

15%

14.

5201

Raw Cotton

Nil

5% +

5% AIDC*

15.

5202

Cotton waste (including yarn waste or garneted stock)

Nil

10%

16.

5402, 5403,

5404, 5405

00 00, 5406,

5501 to 5510

Nylon Fibre and Yarn

7.5%

5%

   

Gems and Jewellery Sector

   

17.

7106

Silver

12.5.%

7.5%+

2.5% AIDC*

18.

7106

Silver Dore

11%

6.1% +

2.5%

AIDC*

19.

7108

Gold

12.5%

7.5%+

2.5% AIDC*

20.

7108

Gold Dore

11.85%

6.9%+

2.5% AIDC*

21.

7107 00 00,

7109 00 00,

7111 00 00

Base metals or precious metals clad with precious metals

12.5%

10%

22.

7110

Other precious metals like Platinum, Palladium, etc.

12.5%

10%

23.

7112

Waste and scrap of precious metals or metals clad with precious metals

12.5%

10%

24.

7112

Spent catalyst or ash containing precious metals

11.85%

9.17%

25.

7113

Gold or Silver Findings

20%

10%

26.

7118

Coin

12.5%

10%

 

 

Metals

 

 

27.

7204

Iron and steel scrap, including stainless steel scrap [up to 31.03.2022]

2.5%

Nil

28.

7206 and

7207

Primary/Semi-finished products of non-alloy steel

10%

7.5%

29.

7208, 7209,

7210, 7211,

7212, 7225

(except 7225

11 00) and

7226 (except

7226 11 00)

Flat products of non-alloy and alloy steel

10%

/12.5%

7.5%

30.

7213, 7214,

7215, 7216,

7217, 7221,

7222, 7223,

7227 and

7228

Long product of non-alloy, stainless and alloy steel

10%

7.5%

31.

7225

Raw materials for use in manufacture of CRGO steel [up to 31.03.2023]

2.5%

Nil

32.

7404

Copper Scrap

5%

2.5%

33.

7318

Screw, bolts, nuts, etc. of iron and steel

10%

15%

 

 

Capital Goods

 

 

34.

8430

Tunnel boring machines

Nil

7.5%

35.

8431

Parts and components for manufacture of tunnel boring machines with actual-user condition IT,

Nil

2.5%

 

 

 

Electronics and Renewable

 

 

36.

8544 (other

than 8544 70

and 8544 30

00)

Specified insulated wires and cables

7.5%

10%

37.

39, 74 and

85

Former, bases, bobbins, brackets; CP wires; P.B.T.; Phenol resin moulding powder; Lamination/ El silicon steel strips for use in manufacture of transformers (entry at S.No. 198 of 25/1999- Customs)

Nil

Applica ble rate

38.

Any Chapter

Inputs or parts for manufacture of Printed Circuit Board Assembly (PCBA) of cellular mobile phone

(w.e.f. 1.4.2021)

Nil

2.5%

39.

Any Chapter

Inputs or parts for manufacture of camera module of cellular mobile phone

(w.e.f. 1.4.2021)

Nil

2.5%

40.

Any Chapter

Inputs or parts for manufacture of connectors of cellular mobile phone

(w.e.f. 1.4.2021)

Nil

2.5%

41.

Any Chapter

Inputs or raw material for manufacture of specified parts like back cover, side keys etc. of cellular mobile phone

(w.e.f. 1.4.2021)

Nil

2.5%

42.

Any Chapter

Inputs or raw material (other than PCBA and moulded plastics) for manufacture of charger or adapter of cellular mobile phones

Nil

10%

43.

8504 90 90

or

3926 90 99

Moulded plastics for manufacture of charger or adapter

10%

15%

44.

Any Chapter

Inputs or parts of Printed Circuit Board Assembly of charger or adapter of cellular mobile phones

Nil

10%

45.

Any Chapter

Inputs or parts of Moulded Plastic of charger or adapter of cellular mobile phones

Nil

10%

46.

Any Chapter

Inputs or raw materials (other than Lithium-ion cell and PCBA) of Lithium-ion battery or battery pack

(w.e.f. 1.4.2021)

Nil

2.5%

47.

Any Chapter

Parts or components of PCBA of Lithium-ion battery or battery pack

(w.e.f. 1.4.2021)

Nil

2.5%

48.

Any Chapter

Inputs or raw materials of following goods: -

  1. Other machines capable of connecting to an automatic data processing machine or to a network (8443 32 90)
  2. Ink cartridges, with print head assembly (8443 99 51)
  3. Ink cartridges, without print head assembly (8443 99 52)

(iv)Ink spray nozzle (8443 99 53) (w.e.f. 1.4.2021)

Nil

2.5%

49.

Any Chapter

Inputs and parts of LED lights or fixtures including LED Lamps

5%

10%

50.

Any Chapter

Inputs for use in the manufacture of LED driver or MCPCB (Metal Core Printed Circuit Board) for LED lights or fixtures including LED Lamps

5%

10%

51.

9405 50 40

Solar lanterns or solar lamps

5%

15%

52.

8504 40

Solar Inverters

5%

20%

53.

9503

Parts of Electronic Toys for manufacture of electronic toys Aviation Sector

5%

15%

54.

Any Chapter

Components or parts, including engines, for manufacture of aircrafts or parts of such aircrafts, by Public Sector Units under Ministry of Defence subject to condition specified.

Medical devices

2.5%

0%

 

55.

9018-9022

Medical Devices imported by International Organization and Diplomatic Missions

Health Cess @ 5%

Health Cess @ Nil

   

Goods imported under Project Import Scheme

   

56.

9801

High Speed Rail Projects being brought under project imports

Applicable Rate

5%

57.

8714 91 00,

8714 92,

8714 93,

8714 94 00,

8714 95,

8714 96 00,

8714 99

All goods other than Bicycle parts and components

10%

15%

* Agriculture Infrastructure and Development Cess

 


 

Full Text:

Budget 2021-22 + FINANCE Bill, 2021

Topics

Acts Income Tax