Exemption for foreign company income from sale of leftover crude oil after agreement expiry, subject to notified conditions. A new clause excludes from total income any income of a foreign company arising from sale of leftover crude oil at an Indian facility after expiry of a government approved storage and sale agreement, subject to conditions to be notified by the Central Government; the amendment is prospective and applies from the designated assessment year.
Capital gains exemption restriction applies where securities transaction tax not paid on equity share transfers, affecting post acquisition transactions. Amendment to clause 38 of section 10 denies exemption for income from transfer of a long-term capital asset being an equity share where the acquisition (unless notified otherwise) was entered into on or after 1 October 2004 and the transaction is not chargeable to Securities Transaction Tax under the Finance (No.2) Act, 2004; the change is proposed in the Finance Bill, 2017 and applies retrospectively from 1 October 2004.
Exemption from capital gains for transfer of land under specified land pooling scheme, applied retrospectively to relevant assessment years. A new exemption excludes from total income capital gains arising to an individual or Hindu undivided family on transfer of land under the Andhra Pradesh Capital City Land Pooling Scheme, provided the assessee was the owner of the specified capital asset as of the statutory cut-off date; the amendment clarifies the term "specified capital asset" and applies retrospectively to the relevant assessment years.
Voluntary contributions to corpus not treated as application of income for registered trusts, altering donor tax treatment. The amendment provides that any amount credited or paid out of income as a voluntary contribution with a specific direction that it shall form part of the corpus of a trust or institution registered under the charitable-registration framework shall not be treated as an application of income for purposes of the entity's objects.
Exemption for Chief Minister's Relief Fund under income-tax law applied retrospectively to earlier assessment years. An amendment inserts a new sub-clause to extend income-tax exclusion to the Chief Minister's Relief Fund and the Lieutenant Governor's Relief Fund, aligning their tax treatment with other recognised relief funds and applying the exclusion retrospectively to the assessment years beginning from when deduction provisions for payments to those funds first became operative.
Partial NPS withdrawal exemption allows tax-free withdrawals under PFRDA-regulated conditions for eligible employees. An amendment adds a tax exemption for employee partial withdrawals from the National Pension System Trust, excluding from total income those withdrawals that do not exceed twenty-five per cent of the employee's contributions, provided the withdrawal complies with terms and conditions under the Pension Fund Regulatory and Development Authority Act, 2013 and its regulations; the amendment is effective from 1 April 2018 for the stated assessment year and subsequent years.
Exempted income definition clarified: correct reference for 'person resident outside India' aligns NRE interest exemption retrospectively. The proviso to clause (ii) of clause (4) of section 10 is amended to correct the cross reference for the expression "person resident outside India", replacing an outdated citation with the definition as enacted under the Foreign Exchange framework; the amendment is clarificatory and operates retrospectively to the date the clause was first brought into effect.
Corpus requirement for eligible investment funds exempted where fund was wound up in previous year, amendment applies retrospectively. The Finance Bill, 2017 inserts a proviso to clause (j) of section 9A(3) providing that the clause imposing a minimum monthly average corpus shall not apply to a fund which has been wound up in the previous year; the amendment is retrospective to 1 April 2016 and applies to assessment year 2016-17 and later years.
Asset-situs rule clarified: Explanation 5A exempts shares held through registered foreign portfolio investors from deemed India-situs. Explanation 5A clarifies that the Explanation deeming foreign shares or interests as situated in India does not apply where a non-resident holds those assets by investment, directly or indirectly, through a Foreign Institutional Investor registered as a foreign portfolio investor under the applicable regulations; the amendment is described as clarificatory and given retrospective effect in the Budget proposal.
Short-term capital asset definition expanded to include prior holding period of units in a consolidating mutual fund plan. The amendment expands the definition of short-term capital asset by providing that where units become the assessee's property in consideration of a specified transfer, the period for which those units were held by the assessee in the consolidating mutual fund plan shall be included in computing the holding period for determining short-term or long-term status.
Short-term capital asset definition extended to include preference share holding period when converted into equity shares. Amendment expands the definition of short-term capital asset so that equity shares received as consideration in a specified transfer include the period during which the assessee held the preference shares, thereby aggregating the preference shares' holding period with that of the equity shares for classification purposes.
Holding period for immovable property shortened to qualify as short-term capital asset, changing capital gains classification. Amendment shortens the holding-period threshold for classifying immovable property as a short-term capital asset, revising the third proviso to the definition so that land or building held for less than the newly prescribed period will be treated as short-term, thereby altering the application of the holding-period rule for capital gains treatment.
Corporate tax rate differential for domestic companies introduced, with tiered surcharge rules and specified cess treatment applied. The Finance Bill revises company tax by setting a lower rate for domestic companies meeting a specified turnover threshold and a higher standard rate otherwise, while maintaining the existing rate for non-domestic companies. Tiered surcharge rates apply differently to domestic companies and to companies other than domestic companies, with marginal relief available. Education Cess and Secondary and Higher Education Cess remain generally applicable, but are not levied on tax deducted or collected at source for domestic companies and other residents under specified entries; both cesses still apply to salary TDS and to non-residents and non-domestic companies.
Rate of income-tax for local authorities remains unchanged; surcharge applies and marginal relief available for high-income local authorities. Rate of income-tax for every local authority is preserved at the level specified for the prior assessment year. Surcharge is imposed on local authorities whose income exceeds the high-income threshold, levied at a specified percentage, and marginal relief is provided to mitigate abrupt liability increases near that threshold.
Firm income-tax rate continues unchanged, with surcharge for higher-income firms and marginal relief available. The rate of income-tax applicable to every firm continues at the same level as for the preceding assessment year for assessment year 2018-19. For firms with total income exceeding one crore rupees, a surcharge is levied at twelve per cent, and marginal relief is available where applicable.
Co-operative society tax rates remain unchanged for the assessment year; surcharge applies to higher incomes and marginal relief provided. Rates of income-tax for co-operative society taxpayers remain the same as in the prior assessment year under the First Schedule of the Finance Bill, 2017. A surcharge applies to societies with higher income and marginal relief is provided to mitigate surcharge impact at threshold points.
Income-tax rate structure revised for salaries, advance tax and special cases with senior citizen slabs and surcharge. Part III of the First Schedule to the Finance Bill, 2017 prescribes the income-tax rates for deduction at source from salaries, advance tax computation and charging of income-tax in special cases for financial year 2017-2018. Tiered progressive rates apply to individuals, HUFs, AOPs, BOIs and specified artificial juridical persons. Distinct nil-tax thresholds and slab treatment are provided for resident individuals aged sixty to less than eighty and for those aged eighty or more. A surcharge of ten per cent applies within a defined high-income range and fifteen per cent above the higher threshold, with marginal relief available.
Punctuation in statutory entries limits tax conditions, so excise levy applies only to specifically linked goods. Punctuation in statutory entries must be given effect; a colon and conjunctions in the schedule create a break separating "leather cloth and inferior or imitation leather cloth ordinarily used in book binding" from other goods, so the condition imposing additional excise duty in lieu of sales tax applies only to the latter group. Historical layout of the entry corroborates this limited reading, and absence of argument before the Tribunal does not estop application of the statutory construction.
Withdrawal of anti dumping duty: Designated Authority lacks power to grant retrospective relief; rescission is prospective. Designated Authority lacks power to recommend retrospective withdrawal of an anti dumping duty following a mid term review; where domestic producers ceased production and the authority recommended rescission, the government's rescission preserved prior acts, and the tribunal held no rule permits retrospective relief in review proceedings, so withdrawal operates prospectively.
Importation of services: subject to GST under reverse charge; potential double levy with customs needs exemption. Importation of services falls within the definition of Supply and is subject to GST under the reverse charge mechanism, creating potential overlap with Customs duty where transactions importing goods are contractually treated as services. Administrative or legislative clarification is needed to prevent concurrent levies, either by Customs exemptions for imports characterised as services or reciprocal GST relief where Customs duties apply. The draft also raises uncertainty about personal use exemptions limited to taxable persons and suggests extension or harmonisation of exemptions for non taxable persons.
Corporate tax rate changes with maintained surcharge framework, marginal relief and a health and education cess applied to computed tax. The Bill sets differentiated corporate tax rates for domestic and non domestic companies, preserves optional lower-tax regimes for qualifying domestic ... Summary
Corporate tax rate changes with maintained surcharge framework, marginal relief and a health and education cess applied to computed tax.
The Bill sets differentiated corporate tax rates for domestic and non domestic companies, preserves optional lower-tax regimes for qualifying domestic companies, and reduces the non domestic base rate. It maintains surcharge bands for domestic and non domestic entities, provides marginal relief in surcharge computation, excludes surcharge on advance tax for certain specified funds, and imposes a Health and Education Cess on tax computed inclusive of surcharge without marginal relief for the cess.
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