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    Taxability of foreign currency translation reserve: opening FCTR to be included in income unless previously recognised, requiring professional judgment.
    The opening balance of the Foreign Currency Translation Reserve (FCTR) as on 1 April 2016 relating to exchange differences on monetary items for non integral foreign operations shall be recognised in the relevant previous year as income to the extent not previously included in income computation; the correctness of this recognition is debatable and requires appropriate professional judgment because conversion does not create real income and ICDS treatment may not apply to earlier years.
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    Foreign currency liabilities treatment: exchange differences on monetary items hit profit or loss; non monetary differences not taxable or deductible.
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    Exchange difference recognition requires periodic recognition until final settlement, treated as income or expense for monetary items.
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    Foreign exchange differences: monetary item gains and losses recognised as income or expense, non-monetary conversion differences excluded.
    Exchange differences on monetary items (cash and assets or liabilities receivable or payable in fixed or determinate amounts of money) arising on settlement or on the last day of the financial year must be recognised as income or expense of that year. Exchange differences on non-monetary items arising on conversion at the last day of the year are not to be recorded as income or expense for that year.
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    Foreign currency transaction recording: use transaction-date exchange rate or a stable weekly/monthly average when fluctuations are insignificant.
    Under ICDS VI, a foreign currency transaction must be initially recorded in the reporting currency using the exchange rate on the transaction date; if rates do not fluctuate significantly from actuals, a weekly or monthly average rate may be used instead.
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    Capitalization of test-run and commissioning expenditure: pre-commercial costs capitalized, post-commercial costs treated as revenue excluding general overheads.
    Expenditure on start-up and commissioning, including test runs and experimental production, must be capitalized as part of the cost of the tangible fixed asset until commercial production begins; expenditure after commercial production is revenue expenditure. Administration and general overheads not relating to a specific tangible fixed asset are excluded from asset cost and treated as revenue expenditure.
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    Valuation of tangible fixed assets requires recording at actual cost including nonrecoverable taxes and directly attributable expenditures.
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    Interest on compensation taxed as Income from Other Sources when received; accounting standard ICDS does not displace the statute.
    Interest received on compensation or enhanced compensation is taxable in the year of receipt and must be reported under Income from Other Sources, regardless of whether the assessee uses mercantile or cash accounting; where ICDS IV conflicts with the Act the statute prevails.
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    ICDS applicability to gross-basis incomes confirms ICDS governs computation of taxable interest, royalty and fees for technical services.
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    Accrual-based revenue recognition: interest and royalty must be recognised despite collection uncertainty; statutory provisions prevail.
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    Revenue recognition for leases: lease treated as income not sale; lessor taxed on rent and entitled to depreciation.
    ICDS IV recognises revenue when risk and rewards transfer, so leases are not sales: lease rent is taxable income and the lessor may claim depreciation. Under hire purchase, both parties cannot claim depreciation on the same asset; substance-over-form principles indicate the owner giving the asset on hire should recognise sale while the hirer is entitled to depreciation.
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    Revenue recognition under ICDS IV applies to real estate developers and BOT operators absent a specific exclusion.
    In the absence of any specific ICDS notified for real estate developers, BOT projects and leases, the relevant provisions of the Income tax Act and applicable ICDS (including ICDS III and ICDS IV) apply to revenue recognition, income computation and disclosure for those transactions.
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    Work-in-progress treatment: costs to secure construction contracts must be capitalised and not deducted until related work is performed.
    Precontract costs to secure construction contracts must be treated as an asset and characterised as work-in-progress, representing amounts due from customers, and therefore should not be claimed as a deduction in the year of incurrence but carried forward and recognised when the related construction or installation work is performed.
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    Incidental income in construction contracts: deduct from contract costs; investment returns taxed separately under income provisions.
    Incidental incomes arising from construction contracts are not part of contract revenue and must be reduced from contract costs; examples include sale of surplus materials and disposal of plant and equipment. Income in the nature of interest, dividends and capital gains is excluded from incidental income and is taxed separately under applicable law.
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    Proviso to section 36(1)(iii) inapplicable to construction contracts; interest on contract borrowings is deductible for execution purposes.
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    Retention money recognition: recognise as revenue only when reasonable certainty of ultimate collection exists under ICDS construction rules.
    Retention money within a construction contract is part of contract revenue and should be recognised as revenue on billing only when there is reasonable certainty of its ultimate collection, based on the contract's performance criteria and para 9 of ICDS on construction contracts.
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    Contract revenue recognition: recognize only costs incurred when outcome is not reliably estimable; early-stage limit applies.
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    Percentage of completion method recognizes construction contract revenue, expenses and profit by proportion of work completed.
    Recognition of revenue and expenses for construction contracts under ICDS III is governed by the percentage of completion method, whereby revenue, costs and profit are recognized by reference to the stage of completion of contract activity on the reporting date and reported in proportion to work completed.
    ManualsIncome Tax
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    Bad debt deduction available without book write off when previously taxed income becomes irrecoverable under the statutory proviso.
    If contract revenue was offered to tax under ICDS but not recorded in the books and later becomes irrecoverable, it cannot be written off in the absence of a book entry; instead, deduction may be claimed under the statutory proviso allowing bad debt deduction without book write off where the amount was taken into account in computing income in the previous year in which it became irrecoverable or an earlier year.

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      CUSTOMS - OTHER PROPOSALS INVOLVING CHANGES IN BASIC CUSTOMS DUTY RATES IN NOTIFICATIONS

      24 July, 2024

      Contents
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      Union Budget 2024-25 (Full) + FINANCE (No.2) Bill, 2024

      A.

      Changes in Basic Customs Duty (to be effective from 24.07.2024)

      Rates of Duty

      S. No.

      Chapter, Heading, sub- heading, tariff item

      Commodity

      From

      To

      I.

       

      Agricultural Products

       

       

      1.

      1207 99 90

      Shea nuts

      30%

      15%

      II.

       

      Aquafarming & Marine Exports

       

       

      1.

      0306 36

      Live SPF Vannamei shrimp (Litopenaeus vannamei) broodstock

      10%

      5%

      2.

      0306 36

      Live Black tiger shrimp (Penaeus monodon) broodstock

      10%

      5%

      3.

      0306 36 60

      Artemia

      5%

      Nil

      4.

      0511 91 40

      Artemia cysts

      5%

      Nil

      5.

      0308 90 00

      SPF Polychaete worms

      30%

      5%

      6.

      1504 20

       Fish lipid oil for use in manufacture of aquatic feed

      15%

      Nil

      7.

      1504 20

       Crude fish oil for use in manufacture of aquatic feed

      30%

      Nil

      8.

      1518

      Algal Oil for use in manufacture of aquatic feed

      15%

      Nil

      9.

      2102 20 00

      Algal Prime (flour) for use in manufacture of aquatic feed

      15%

      Nil

      10.

      2309 90 90

      Mineral and Vitamin Premixes for use in manufacture of aquatic feed

      5%

      Nil

      11.

      2301 10 90

      Insect meal for use in Research & Development purposes in aquatic feed manufacturing

      15%

      5%

      12.

      2309 90 90

      Single Cell Protein from Natural Gas for use in Research & Development purposes in aquatic feed manufacturing

      15%

      5%

      13.

      2301 20

      Krill Meal for use in manufacture of aquatic feed

      5%

      Nil

      14.

      1901

      Pre-dust breaded powder for use in processing of sea-food

      30%

      Nil

      15.

      2309 90 31

      Prawn and shrimps feed

      15%

      5%

      16.

      2309 90 39

      Fish feed

      15%

      5%

      III.

       

      Critical Minerals

       

       

      1.

      2504

      Natural Graphite

      5%

      2.5%

      2.

      2505

      Natural sands of all kinds, whether or not coloured, other than metal bearing sands of chapter 26 of The Customs tariff Act, 1975

      5%

      Nil

      3.

      2506

      Quartz (other than natural sands); quartzite, whether or not roughly trimmed or merely cut, by sawing or otherwise, into blocks or slabs of a rectangular (including square) shape

      5%

      2.5%

      4.

      2530 90 91

      Strontium sulphate (natural ore)

      5%

      Nil

      5.

      2603 00 00

      Copper ores and concentrates

      2.5%

      Nil

      6.

      2605 00 00

      Cobalt ores and concentrates

      2.5%

      Nil

      7.

      2609 00 00

      Tin ores and Concentrates

      2.5%

      Nil

      8.

      2611 00 00

      Tungsten Ores and Concentrates

      2.5%

      Nil

      9.

      2613

      Molybdenum ores and concentrates

      2.5%

      Nil

      10.

      2615 10 00

      Zirconium ores and concentrates

      2.5%

      Nil

      11.

      2615 90

      Hafnium Ores and concentrates

      2.5%

      Nil

      12.

      2615 90 10

      Vanadium ores and concentrates

      2.5%

      Nil

      13.

      2615 90 20

      Niobium or tantalum ores and concentrates

      2.5%

      Nil

      14.

      2617

      Antimony Ores and Concentrates

      2.5%

      Nil

      15.

      2804 50 20

      Tellurium

      5%

      Nil

      16.

      2804 61 00

      Silicon, containing by weight not less than 99.99% of silicon

      5%

      Nil

      17.

      2804 69 00

      Other silicon

      5%

      Nil

      18.

      2804 90 00

      Selenium

      5%

      Nil

      19.

      2805 30 00

      Alkali or alkaline earth metals, Rare-earth metals, scandium and yttrium, whether or not intermixed or inter alloyed

      5%

      Nil

      20.

      2811 22 00

      Silicon dioxide

      7.5%

      2.5%

      21.

      2815 20 00

      Potassium hydroxide

      7.5%

      Nil

      22.

      2816 40 00

      Oxides, hydroxides and peroxides, of strontium or barium

      7.5%

      Nil

      23.

      2822 00 10

      Cobalt oxides

      7.5%

      Nil

      24.

      2822 00 20

      Cobalt hydroxides

      7.5%

      Nil

      25.

      2822 00 30

      Commercial cobalt oxides

      7.5%

      Nil

      26.

      2825 20 00

      Lithium oxide and hydroxide

      7.5%

      Nil

      27.

      2825 30

      Vanadium oxides and hydroxides

      2.5%/7.5%

      Nil

      28.

      2825 60 10

      Germanium oxides

      7.5%

      Nil

      29.

      2825 70

      Molybdenum oxides and hydroxides

      7.5%

      Nil

      30.

      2825 80 00

      Antimony oxides

      7.5%

      Nil

      31.

      2825 90 20

      Cadmium oxides

      7.5%

      Nil

      32.

      2827 35 00

      Chlorides of Nickel

      7.5%

      Nil

      33.

      2827 39 30

      Strontium chloride

      7.5%

      Nil

      34.

      2833 24 00

      Sulphates of Nickel

      7.5%

      Nil

      35.

      2834 21 00

      Nitrates of potassium

      7.5%

      Nil

      36.

      2836 91 00

      Lithium carbonates

      7.5%

      Nil

      37.

      2836 92 00

      Strontium carbonates

      7.5%

      Nil

      38.

      2841 90 00

      Salts of oxometallic or peroxometallic acids of Beryllium and Rhenium

      7.5%

      Nil

      39.

      2846

      Compounds, inorganic or organic of rare earth metals

      7.5%

      Nil

      40.

      2918 15 30

      Bismuth citrate

      7.5%

      Nil

      41.

      3801

      Artificial Graphite, colloidal or semi-colloidal graphite, preparations based on graphite or other carbon in form of pastes, blocks, plates or other semimanufactures

      7.5%

      2.5%

      42.

      8001

      Unwrought Tin

      5%

      Nil

      43.

      8101 94 00

      Unwrought tungsten, including bars and rods obtained simply by sintering

      5%

      Nil

      44.

      8102 94 00

      Unwrought molybdenum, including bars and rods obtained simply by sintering

      5%

      Nil

      45.

      8103 20

      Unwrought tantalum, including bars and rods obtained simply by sintering, powders

      5%

      Nil

      46.

      8105 20 20

      Cobalt, unwrought

      5%

      Nil

      47.

      8106 10 10

      Bismuth, unwrought

      2.5%

      Nil

      48.

      8109 21 00

      Unwrought zirconium, powders, Containing less than 1 part hafnium to 500 parts zirconium by weight

      10%

      Nil

      49.

      8110 10 00

      Unwrought antimony, powders

      2.5%

      Nil

      50.

      8112 12 00

      Beryllium unwrought, powders

      5%

      Nil

      51.

      8112 31

      Hafnium unwrought, waste and scrap, powders

      10%

      Nil

      52.

      8112 41 10

      Rhenium unwrought

      10%

      Nil

      53.

      8112 69 10

      Cadmium unwrought, powders

      5%

      Nil

      54.

      8112 69 20

      Cadmium, wrought

      5%

      Nil

      55.

      8112 92 00

      (ii) Unwrought; waste and scrap; powder of, -

      (i) Gallium

      (ii) Germanium

      (iii) Indium

      (iv) Niobium

      (v) Vanadium

      5%

      Nil

      IV.

       

      Steel Sector

       

       

      1.

      7202 60 00

      Ferro Nickel

      2.5%

      Nil

      2.

      7204

      Ferrous Scrap

      Nil (till 30.09.2024)

      Nil (till 31.03.2 026)

      3.

      7225

      Certain specified raw materials for manufacture of CRGO steel

      Nil (till 30.09.2024)

      Nil (till 31.03.2 026)

      V.

       

      Copper

       

       

      1.

      7402 00 10

      Blister Copper

      5%

      Nil

      VI.

       

      Chemicals and Plastics

       

       

      1.

      3102 30 00

      Ammonium Nitrate, whether or not in aqueous solution

      7.5%

      10%

      2.

      3920 (other than 3920 99 99) or 3921

      All goods other than Poly vinyl chloride (PVC) flex films/flex banner

      25% (with effect from 24.07.2024)

      10%

      3.

      3920 99 99

      All goods other than Poly vinyl chloride (PVC) flex films/flex banner

      25% (with effect from 24.07.2024)

      15%

      VII.

       

      Textile and Leather Sector

       

       

      1.

      2929 10 90

      Methylene Diphenyl Di-isocyanate (MDI) for use in the manufacture of Spandex Yarn

      7.5%

      5% Subject to IGCR conditions

      2.

      41

      Wet white, Crust and finished leather for manufacture of textile or leather garments, leather /synthetic footwear or other leather products, for export

      10%

      Nil Items under Sl. No. 257B and 257C of Notification 50/2017 - Customs, dated 30.06.2017

      3.

      38,48 or any other Chapter

      Certain additional accessories and embellishments for manufacture of textile or leather garments, leather/synthetic footwear or other leather products, for export

      As applicable

      Nil Items under Sl. No. 257B and 257C of Notification 50/2017 - Customs, dated 30.06.2017

      4.

      0505 10

      Real Down Filling Material from Duck or Goose for use in the manufacture of textile or leather garments for export

      30%

      10%

      VIII.

       

      Cancer Drugs

       

       

      1.

      30

      (i) Trastuzumab Deruxtecan,

      (ii) Osimertinib,

      (iii) Durvalumab

      10%

      Nil

      IX.

       

      Precious Metals

       

       

      1.

      7108

      Gold bar

      15%

      6%

      2.

      7108

      Gold dore

      14.35%

      5.35%

      3.

      7106

      Silver bar

      15%

      6%

      4.

      7106

      Silver dore

      14.35%

      5.35%

      5.

      7110

      Platinum, Palladium, Osmium, Ruthenium, Iridium

      15.4%

      6.4%

      6.

      7118

      Coins of precious metals

      15%

      6%

      7.

      7113

      Gold/Silver findings

      15%

      6%

      8.

      71

      Platinum and Palladium used in the manufacture of noble metal solutions, noble metal compounds and catalytic convertors

      7.5%

      5%

      9.

      84

      Bushings made of platinum and rhodium alloy when imported in exchange of worn out or damaged bushings exported out of India

      7.5%

      5%

      X.

       

      Medical Equipment

       

       

      1.

      39

      All types of polyethylene for use in manufacture of orthopaedic implants falling under sub-heading 9021 10

      As applicable

      Nil

      2.

      39, 72, 81

      Special grade stainless steel, Titanium alloys, Cobalt-chrome alloys, and All types of polyethylene for use in manufacture of other artificial parts of the body falling under sub-heading 9021 31 or 9021 39

      As applicable

      Nil

      3.

      9022 30 00

      X-ray tubes for use in manufacture of X-ray machines for medical, surgical, dental or veterinary use

      15%

      5% (till 31st March 2025)

      7.5% (w.e.f 1st April, 2025 to 31st March, 2026)

      10% (w.e.f 1st April, 2026)

      4.

      9022 90 90

      Flat panel detectors (including scintillators) for use in manufacture of X-ray machines for medical, surgical, dental or veterinary use

      15%

      5% (till 31st March 2025)

      7.5% (w.e.f 1st April, 2025 to 31st March, 2026)

      10% (w.e.f 1st April, 2026)

      XI.

       

      IT and Electronics Sector

       

       

      1.

      8517 13 00, 8517 14 00

      Cellular mobile phone

      20%

      15%

      2.

      8504 40

      Charger/Adapter of cellular mobile phone

      20%

      15%

      3.

      8517 79 10

      Printed Circuit Board Assembly (PCBA) of cellular mobile phone

      20%

      15%

      4.

      28, 29, 38

      Specified parts for use in manufacture of connectors

      5%/7.5%

      Nil

      5.

      74

      Oxygen Free Copper for use in manufacture of Resistors

      5%

      Nil

      6.

      40

      Specified die-cut parts for use in manufacture of cellular mobile phones

      As applicable

      Nil

      7.

      40, 70, 76

      Specified mechanics for use in manufacture of cellular mobile phones

      As applicable

      Nil

      8.

      8517 79 10

      Printed Circuit Board Assembly (PCBA) of specified telecom equipment

      10%

      15%

      XII.

       

      Renewable Energy Sector

       

       

      1.

      84, 85, or any other chapter

      Specified capital goods for use in manufacture of solar cells or solar modules, and parts for manufacture of such capital goods

      7.5%

      Nil

      2.

      7007

      Solar glass for manufacture of solar cells or solar modules

      Nil

      10% (w.e.f. 1.10.20 24)

      3.

      74

      Tinned copper interconnect for manufacture of solar cells or solar modules

      Nil

      5%(w.e.f 1.10.20 24)

      XIII.

       

      Shipping

       

       

      1.

      Any Chapter

      Components and consumables for use in manufacture of specified vessels

      As applicable

      Nil

      2.

      Any Chapter

      Technical documentation and spare parts for construction of warships

      As applicable

      Nil

      XIV.

       

      Capital goods

       

       

      1.

      Any Chapter

      Goods under S. No. 404 of Notification No. 50/2017 Customs, used for petroleum exploration operations

      As applicable

      Nil

      B.

      Changes in Export Duty (To be effective from 24.7.2024)

      Effective export duty on raw skins, hides & leather is being simplified and rationalized. The changes are as follows -

      Rate of Duty

      S. No.

      Chapter or Heading

      Commodity

      From

      To

      1.

      4101 to 4103

      Raw Hides & skins, all sorts (other than buffalo)

      40%

      40%

      2.

      4101

      Raw Hides & skins of buffalo

      30%

      30%

      3.

      4104 to 4106

      Tanned or crust hides of skins, whether or not split, but not further prepared

      40

      20%

      4.

      4104 to 4106

      E.I. tanned leather

      Nil

      Nil

      5.

      41

      Finished leather as defined by DGFT finished leather norms

      Nil

      Nil

      6.

      4301

      Raw fur skins

      60%/10%

      40%

      7.

      4302

      Tanned or dressed furskin

      60%

      20%


      Full Text:

      Union Budget 2024-25 (Full) + FINANCE (No.2) Bill, 2024

      Topics

      ActsIncome Tax