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Act Rules Bills
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Loss carryforward restrictions: ownership or constitution changes can bar set-off unless continuity conditions and specified exceptions apply.
Clause 119 conditions the permissibility of carrying forward and setting off past losses where ownership or constitution changes occur: it denies set-off for losses attributable to retired or deceased partners upon firm reconstitution, disallows successors (other than by inheritance) from using predecessor losses, and restricts non-public companies from setting off prior losses after shareholding changes unless continuity conditions including original beneficial owner control or start-up safeguards are met; specified exceptions and ongoing compliance requirements are provided.
Act Rules Bills
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Ring fenced treatment of racehorse losses restricts cross setoff and permits carry forward only within the same activity.
Clause 115 creates a ring fenced regime: losses from the specified activity of owning and maintaining race horses cannot be set off against other income; unabsorbed losses may be carried forward and set off only against income from the same activity, subject to continuation of the activity and defined temporal limits and eligibility definitions.
Act Rules Bills
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Restriction on loss set-off: specified business losses may be offset only against profits of other specified businesses.
Losses from a specified business are restricted to set-off only against profits of other specified businesses in the same year; unabsorbed losses may be carried forward and set off exclusively against profits of specified businesses in subsequent years. The provision relies on defined terms for "specified business" and "unabsorbed loss," confines tax incentives to their intended category to prevent cross-business erosion of the tax base, and requires segregated record-keeping to ensure compliance.
Act Rules Bills
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Set-off of speculation losses confined to speculation profits; carry forward limited and prioritised before other allowances.
Clause 113 confines adjustment of losses from a speculation business to profits of another speculation business in the same year; permits carry forward of unabsorbed speculation losses to subsequent years for set off only against speculation business profits within a limited statutory period; requires that unabsorbed speculation losses be set off before certain carried forward allowances; and defines both speculation business (including a deeming rule for share trading to that extent) and specified exceptions to that classification.
Act Rules Bills
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Carry forward and set off of losses preserved for successor co operative banks, subject to specified conditions and penalties.
Successor co operative banks may set off predecessor accumulated business losses and unabsorbed depreciation in amalgamations as if the amalgamation had not occurred; in demergers directly related tax attributes transfer wholly to the resulting bank while non relatable attributes are apportioned by asset distribution. Application requires continuity of banking business, retention and use of fixed assets, and genuine continuation of operations; failure to meet conditions renders previously allowed set offs taxable in the year of non compliance. Clause 118 adds a Central Government power to prescribe further conditions to ensure genuine business purposes.
Act Rules Bills
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Treatment of accumulated losses and unabsorbed depreciation: successor may utilise predecessor tax attributes subject to a limited carry forward period.
Clause 117 deems accumulated loss and unabsorbed depreciation of specified predecessor entities to be those of the amalgamated entity when amalgamations involve banking companies, corresponding new banks, or government companies under Central Government sanctioned schemes, including cases following strategic disinvestment; successor entities may utilize these tax attributes in the year of amalgamation but are subject to a limited carry forward period and prescribed compliance and reporting requirements.
Act Rules Bills
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Treatment of accumulated losses and unabsorbed depreciation allows continuity on corporate reorganisations subject to compliance conditions.
Clause 116 permits continuity of accumulated loss and unabsorbed depreciation on amalgamation, demerger and related reorganisations by deeming the transferor's tax attributes to be those of the transferee or successor, subject to conditions such as asset retention and business continuity. It limits transfers in strategic disinvestment to amounts existing when public sector status ceased, allocates losses in demergers according to transferred undertakings or retained assets, extends treatment to successor entities including LLPs, and empowers the Central Government to prescribe conditions; non compliance attracts tax liabilities for successor entities.
Act Rules Bills
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Carry forward of business losses allows set off against future business income, prioritised before other carried allowances.
Clause 112 permits carry forward and set off of unabsorbed business losses-defined as losses under "Profits and gains of business or profession" excluding speculation losses-against future business or professional profits, mandates that such losses be set off before any other carried forward allowances, and limits the period during which losses may be carried forward, aligning with the existing temporal framework.
Act Rules Bills
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Carry forward of house property loss - allows head-specific set off against future house property income, time-limited.
Clause 110 permits unabsorbed losses under the head "Income from house property" to be carried forward and set off only against future income from the same head, subject to a statutory time limitation, and defines "unabsorbed loss from house property" as losses not set off against other income heads in the relevant year.
Act Rules Bills
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Set-off of losses: new limits bar using business and capital losses to reduce salary and other non-capital income.
Clause 109 permits set-off of losses under any income head except capital gains against income from other heads in the same year, subject to limits: business losses cannot be set off against salary income; house property losses are set off against other heads only up to a capped amount; and capital gains losses cannot be set off against non-capital income. The clause thus confines capital losses within their category and imposes head-specific restrictions requiring careful tax planning and record-keeping.
Act Rules Bills
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Set-off of losses under the same head: clarifies offset rules for capital and non-capital income, refining capital gains set-off.
Clause 108 permits set-off of a loss from any source against income from any other source under the same head (excluding capital gains), while treating capital gains losses separately: long-term capital losses may be set off only against other long-term capital gains, and short-term capital losses may be set off against gains from any capital asset, thereby requiring accurate classification of assets and records to effect permissible intra-head offsets.
Act Rules Bills
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Deemed income from informal credit instruments: non account payee transactions treated as taxable, prompting formalisation of payments.
Clause 106 and Section 69D deem amounts borrowed or repaid through hundis, negotiable instruments, or Board specified modes to be the income of the borrower or repayer when not transacted by account payee cheque, with provisions capturing interest where applicable and safeguards to prevent double taxation once an amount has been treated as income.
Act Rules Bills
Show AI Summary
Unexplained expenditure treated as income increases tax exposure when taxpayers fail to satisfactorily explain expenditure sources.
Clause 105 deems unexplained expenditure as income when an assessee fails to provide a satisfactory explanation, confers evaluative power on the Assessing Officer to judge adequacy of explanations, and disallows any deduction for amounts so deemed; Section 69C operates similarly but uses permissive language and contains a deduction proviso, reflecting comparable objectives to prevent tax evasion while differing in textual strictness and potential administrative effect.
Act Rules Bills
Show AI Summary
Unexplained asset rules now include virtual digital assets, expanding deeming powers where explanations are unsatisfactory.
Where an asset is unrecorded or its recorded amount is less than actual value and the assessee fails to provide a satisfactory explanation, Clause 104 and Section 69B treat the unexplained excess as deemed income for the year of discovery; Clause 104 expressly adds virtual digital assets, while both provisions vest the Assessing Officer with discretion to accept or reject explanations, creating valuation and verification challenges.
Act Rules Bills
Show AI Summary
Unexplained investments treated as income when taxpayer fails to satisfactorily explain source, shifting burden to taxpayer and empowering assessing officer discretion.
Clause 103 deems unrecorded investments or amounts exceeding recorded investment as income if the assessee fails to provide a satisfactory explanation to the Assessing Officer; the provision places the evidential burden on the assessee and employs a deeming mechanism to include unexplained amounts in taxable income. Section 69B applies the same explanation-and-deeming approach to investments, bullion, jewellery and other valuable articles where recorded amounts are less than actual expenditure, relying on Assessing Officer evaluation to determine whether excess amounts are to be treated as income.
Act Rules Bills
Show AI Summary
Unexplained assets treated as deemed income: inclusion of virtual digital assets broadens taxable asset coverage and disclosure obligations.
Clause 104 deemsthe value of assets not recorded, or under recorded, in an assessee's books to be taxable income where the assessee fails to provide a satisfactory explanation; it expressly includes virtual digital assets and places onus on the assessee to prove the nature and source, leaving determination of adequacy to the Assessing Officer.
Act Rules Bills
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Unexplained investments deemed income under deeming provision; imposes explanation burden and increased tax scrutiny on taxpayers.
Clause 103 treats investments not recorded in the assessee's books, and amounts exceeding recorded investments, as unexplained unless the assessee provides a satisfactory explanation; such unexplained investments are deemed income for the relevant tax year, subject to the Assessing Officer's evaluation under the clause's deeming provision.
Act Rules Bills
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Unexplained credits: dual-party explanation requirement leads to inclusion of unexplained book credits as taxable income.
Unexplained credits are chargeable to income when sums in an assessee's books lack satisfactory explanation, with the assessing officer determining adequacy. Loans and borrowings require satisfactory explanations from both the assessee and the creditor; share application money, share capital and share premium in closely held companies similarly demand corroboration from the company and the named contributor. Venture capital funds and companies receive a specific exemption, while the provision overall increases recordkeeping and evidentiary burdens and enhances tax authority scrutiny.
Act Rules Bills
Show AI Summary
Income apportionment in AOPs and BOIs: structured deduction and allocation of member remuneration and interest for tax computation.
Both Clause 309 and Section 67A set out a structured method for computing a member's share in an AOP/BOI: deduct interest, salary, bonus, commission or remuneration from total AOP/BOI income, apportion the residual among members by entitlement and treat apportioned shares under the same heads of income; where apportioned results are profitable the remuneration is added back, and where loss it is adjusted; interest on capital borrowed by a member for investment is deductible under Profits and gains of business or profession; "paid" means actually paid or incurred per the accounting method used.
Act Rules Bills
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Total income aggregation requires inclusion of exempt receipts to protect the tax base and prevent erosion through exclusions.
Clause 101 mandates that computation of Total income include income exempt under the identified sub part of Chapter provisions, converting such exempt receipts into an affirmative component of total income to protect the tax base and prevent erosion from otherwise excluded income streams.

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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

Acts Income Tax