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    NewsBills
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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.
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    IFSC tax exemptions expanded to cover offshore derivatives, ship lease income and portfolio income managed via IFSC accounts.
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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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    Interest on TDS/TCS defaults to be payable as per Assessing Officer's order, clarifying computation and payment obligation.
    The measure amends the TDS and TCS interest provisions to provide that where the Assessing Officer makes an order for a default under the relevant sections, the interest shall be paid by the person in accordance with the order made by the Assessing Officer, clarifying computation and payment obligation for continuing defaults.
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    Actual payment requirement: conversion of interest into debentures or deferred instruments will not qualify as payment under section 43B.
    The proposed amendment clarifies that conversion of interest payable to specified financial institutions, NBFCs, scheduled banks or co-operative banks into debentures or any other instrument deferring payment shall not be deemed to have been actually paid for purposes of claiming a deduction under Section 43B, thereby excluding constructive discharge by conversion from qualifying as payment.
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    Disallowance under section 14A clarified: provisions apply even when exempt income has not accrued, barring related deductions.
    Clarification that disallowance under section 14A applies even where exempt income has not accrued, arisen or been received in the relevant previous year if expenditure was incurred in relation to such exempt income; insertion of an Explanation and a non obstante clause to ensure no deduction is allowed in relation to exempt income. Proposed amendment to section 37(1) adds an Explanation that expenditure which is an offence or prohibited by law includes offences under foreign law, benefits whose acceptance breaches governing rules of the recipient, and payments to compound offences.
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    Successor liability protections validate predecessor assessments and allow modified returns and demand adjustments after reorganisation.
    The proposals validate assessments and proceedings conducted against a predecessor by deeming them made on the successor, allow entities undergoing reorganisation to file modified returns for the period between the reorganisation's effective date and the final order, and establish a mechanism to modify outstanding tax demands to give effect to directions of the competent authority in restructuring.
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    Tax treatment of cess and surcharge: centrally imposed cesses as additional surcharges are non deductible under Section 40(a)(ii).
    The document addresses whether amounts called cess or surcharge are deductible under Section 40(a)(ii), which disallows sums paid on account of any rate or tax levied on business profits. It explains that centrally imposed cesses described in Finance Acts as additional surcharges function as part of income tax and therefore fall within the disallowance, contrasts that with state cesses which historically were treated as allowable, and states a retrospective explanatory amendment will clarify that "tax" includes any surcharge or cess by whatever name called for purposes of the provision.
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    Dispute Resolution Committee decisions: Assessing Officer must give effect to DRC resolutions while preserving taxpayer choice of forum.
    The amendment enables the Assessing Officer to pass a final order giving effect to the Dispute Resolution Committee's resolution: after the DRC determines assessed income the AO must implement the DRC's directions, which may include initiation of penalty proceedings and issuance of a demand notice; a taxpayer may opt for the DRC instead of the alternate dispute resolution panel and the AO's final order shall conform to the DRC resolution.
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    Deferment of Revenue Appeals on identical legal questions - procedure to postpone filing pending final decision with assessee consent.
    The proposed section 158AB allows a collegium of senior tax commissioners to advise non-filing of a revenue appeal where an identical question of law is pending in another case; the Commissioner must then direct the Assessing Officer to apply in prescribed form to defer filing of the appeal until the other case attains finality, provided the assessee accepts that the questions are identical, and may later direct an appeal if the final decision is not consistent with the relevant case.
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    Individual tax regime option: simplified slab structure introduced affecting taxpayer choices and surcharge applicability and cess treatment.
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    Income-tax withholding and advance tax rules clarified for salaries, with surcharge structure and universal cess applied on computed tax.
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    LTC cash exemption allowed for prescribed consumer expenditures subject to GST, electronic payment and receipt conditions.
    A new proviso to clause (5) of section 10 will exempt cash allowances in lieu of LTC for the assessment year beginning 1 April 2021, subject to conditions: option for deemed LTC fare for the 2018-21 block; specified expenditure on goods or services taxed at an aggregate GST rate of twelve percent or more from GST-registered vendors during the specified period; payment via prescribed account-payee or electronic modes with tax invoice; an exemption cap per person limited to the lesser of a fixed ceiling or one-third of specified expenditure; and coordination with employer-provided amounts.
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    Affordable rental housing deduction expanded to include government notified rental projects, and time limit for approvals extended.
    The deduction equal to one hundred percent of profits and gains from the qualifying housing business is extended to include rental housing projects notified by the Central Government that meet conditions in that notification, and the outer time limit for project approval determining eligibility is extended so that the same temporal cut-off applies to these affordable rental housing projects.
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    Tax incentives for IFSC units expand exemptions and relaxed conditions for eligible funds, offshore banking investment divisions.
    Proposed amendments extend tax exemptions and relaxed conditions to units and fund managers located in an International Financial Services Centre by permitting modification of section 9A conditions, treating the investment division of an offshore banking unit as a specified fund for section 10 and section 115AD purposes (subject to Category III AIF registration and separate books), and by inserting exemptions for non-deliverable forward transfers, aircraft-lease royalties, and capital gains arising on relocation of funds where Original Fund, Relocation and Resultant Fund meet prescribed conditions; consequential amendments to sections 47, 49, 56, 79 and 80LA are provided.
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    Zero coupon bond issuance by infrastructure debt funds permitted, triggering tax-rule amendments and retrospective withholding changes.
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    Tax neutral conversion of cooperative banks preserves deduction apportionment and treats asset and share transfers as non-transfers.
    Conversion of primary co-operative (urban co-operative) banks into banking companies is brought within the business reorganisation provisions so that section 44DB's apportionment of deductions between predecessor and successor applies; transfers of capital assets and allotment of shares on conversion are not to be treated as transfers under section 47, effected by amendments to section 44DB and clauses (vica)/(vicb) of section 47, effective 1 April 2021.

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      PROPOSALS INVOLVING CHANGES IN BASIC CUSTOMS DUTY RATES AND CLARIFICATORY AMENDMENTS IN RESPECTIVE NOTIFICATIONS - FINANCE (No.2) BILL, 2019

      5 July, 2019

      Contents
      Rules & Regulations
      Summary
      Note

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      PROPOSALS INVOLVING CHANGES IN BASIC CUSTOMS DUTY RATES AND CLARIFICATORY AMENDMENTS IN RESPECTIVE NOTIFICATIONS

      S. No

      Heading, sub-heading tariff item

      Commodity

      From

      To

       

       

      Defence 

       

       

      1

      Any Chapter 

      Specified Defence equipment and their parts imported by the Ministry of Defence or the Armed Forces

      Applicable rate

      Nil

       

       

      Medical Devices

       

       

      2

      Any Chapter

      Raw material, parts or accessories  for use manufacture of artificial kidneys, disposable sterilized dialyzer and micro-barrier of artificial kidney

      Applicable rate

      Nil

       

       

      Food processing

       

       

      3

      0801 32 10

      Cashew kernel broken 

      ₹ 60/ Kg or45%, whichever is higher

      70%

      4

      0801 32 20,

      0801 32 90

      Cashew kernel whole, Cashew nuts shelled, others 

      ₹ 75/ Kg or 45%, whichever is higher

      70%

       

       

      Nuclear Fuels and Nuclear Energy projects

       

       

      5

      2612 10 00

      All forms of Uranium ores and Concentrates for generation of nuclear power (Uranium concentrate U3O8 already exempt)

      2.5%

      Nil

      6

      2844 20 00

      All goods for use in generation of Nuclear power (Certain goods such as sintered natural uranium dioxide already exempt)

      7.5%

      Nil

      7

      9801

      All goods required for setting up of the following power projects under project imports: -

      a)Mahi Banswara Atomic Power project- 1 to 4, Mahi Banswara site Rajasthan

      b)Kaiga Atomic Power project – 5 & 6, Kaiga site, Karnataka

      c)Gorakhpur Atomic Power project- 3 & 4, GHAVP, Haryana

      d)Chutka Atomic Power project- 1 & 2, Chutka site, Madhya Pradesh

      Applicable rate

      Nil

       

       

      Oils and associated chemicals 

       

       

      8

      Chapter 15, 

      2915 70,

      3823 11 00,

      3823 12 00, 3823 13 00,

      3823 19 00

      Palm stearin and other oils, having 20% or more free fatty acid, Palm Fatty Acid Distillate and other industrial monocarboxylic fatty acids, acid oils from refining, for use in manufacture of soap and oleochemicals.

      Nil

      7.5%

       

       

      Petroleum and Petrochemicals

       

       

      9

      2709 00 00

      Petroleum Crude

      Nil

      Re. 1 per tonne

      10

      2710

      Naphtha

      5%

      4 %

      11

      2903 15 00

      Ethylene dichloride (EDC)

      2%

      Nil

      12

      2910 20 00

      Methyloxirane (Propylene Oxide)

      7.5%

      5%

      13

       

      Plastic and Rubber 

       

       

      14

      3904

      Poly Vinyl Chloride

      7.5%

      10%

      15

      3926 90 91,

      3926 90 99 

      Articles of plastics 

      10%

      15%

      16

      4002 31 00

       All goods i.e. Butyl Rubber

      5%

      10%

      17

      4002 39 00

       Chlorobutyl rubber or bromobutyl rubber

      5%

      10%

       

       

      Paper and Paper products

       

       

      18

       48

      a. Newsprint 

      Nil

      10%

       

       

      b.Uncoated paper used for printing of newspapers

       

       

       

       

      c.Lightweight coated paper used for printing of magazines

       

       

      19

      4901 10 10,

      4901 91 00,

      4901 99 00

      Printed books (including covers for printed books) and printed manuals, in bound form or in loose-leaf form with binder, executed on paper or any other material including transparencies.

      Nil

      5%

       

       

      Textiles

       

       

      20

      5101

      Wool Fibre

      5%

      2.5%

      21

      5105

      Wool Tops

      5%

      2.5%

       

       

      Flooring materials

       

       

      22

      2515 12 20,

      6802 10 00,

      6802 21 10,

      6802 21 20,

      6802 21 90,

      6802 91 00,

      6802 92 00

      Marble Slabs

      20%

      40%

       

       

      Inputs for Optical Fibres

       

       

      23

      28 or 70

      Raw materials used in manufacture of Preform of Silica:-

      (i)Refrigerated Helium Liquid (2804 29 10)

      (ii)Silicon Tetra Chloride and Germanium Tetra Chloride (2812 19 20, 2812)

      (iii)Silica Rods (7002 20 90)

      (iv)Silica Tube (7002 31 00)

      Applicable Rate

       

      Nil  

      24

      5603 94 00

      Water blocking tapes for manufacture of optical fiber cable

      Nil

      20%

       

       

      Precious Metals

       

       

      25

      7106

      Silver dore bar, having silver content not exceeding 95%

      8.5%

      11%

      26

      7108

      Gold dore bar, having gold content not exceeding 95%

      9.35%

      11.85%

      27

      71 or 98

      (a) Gold (excluding ornaments studded with stones or pearls) imported by an eligible passenger as baggage

      (b)Silver (excluding ornaments studded with stones or pearls)  imported by an eligible passenger as baggage

      10%

      12.5%

       

       

      Iron and Steel, Other base metals

       

       

      28

      7218

      Stainless steel in ingots or other primary forms; semi-finished products of stainless less

      5%

      7.5%

      29

      7224

      Other alloy steel in ingots or other primary forms; semi-finished products of other alloy steel

      5%

      7.5%

      30

       

      7225, 

      7225 19 90

      Inputs for the  manufacture of CRGO steel:-

      a) MgO coated cold rolled steel coils

      b)Hot rolled coils

      c)Cold-rolled MgO coated and annealed steel

      d)Hot rolled annealed and pickled coils

      e)Cold rolled full hard

      5%

      2.5%

      31

      7226 99 30

      Amorphous alloy ribbon

      10%

      5%

      32

      7229

      Wire of other alloy steel (other than INVAR)

      5%

      7.5%

      33

      8105 20 10

      Cobalt mattes and other intermediate products of cobalt metallurgy

      5%

      2.5%

       

       

      Capital goods

       

       

      34

      8474 20 10

      Stone crushing (cone type) plants for the construction of roads

      Nil

      7.5%

      35

      82, 84, 85 or 90

      Capital goods used for manufacturing of following electronic items, namely-

      (i)Populated PCBA

      (ii)Camera module of cellular mobile phones

      (iii)Charger/Adapter of cellular mobile phone

      (iv)Lithium Ion Cell

      (v)Display Module

      (vi)Set Top Box

      (vii)Compact Camera Module 

      Applicable rate

      Nil

      36

      84, 85 or 90

      Capital goods used for manufacturing of specified electronic items, namely-

      (i)Cathode Ray tubes;

      (ii)CD/CD-R/DVD/DVD-R;

      (iii)Deflection components, CRT monitors/CTVs;

      (iv)Plasma Display Panel

      Nil 

      Applicable 

       

       

      Electronics

       

       

      37

      8504 40

      Charger/Power adapter for CCTV camera/IP camera/DVR/NVR

      Nil

      15%

      38

      85

      Specified electronic items like plugs, sockets, switches, connectors,  relays.

      Nil

      Applicable rate

       

       

      Automobile and automobile parts 

       

       

      39

      8421 39 20,

      8421 39 90

      Catalytic convertor (All goods under these tariff items other than catalytic converters will continue at 7.5%)

      5%

      10%

      40

      8702, 8704

      Completely Built Unit (CBU) of vehicles falling under heading 8702, 8704

      25%

      30%

      41

      Any Chapter 

      (i)E-Drive assembly, 

      (ii)On board charger, 

      (iii)E-compressor and

      (iv)Charging Gun

      Following parts of electric vehicles: -

      Applicable rate

      Nil

      42

      87

      Prescribing actual user condition in respect of existing exemption from BCD to parts of Hybrid vehicles

      -

      -

       

       

      Oil rigs and other goods used for oil exploration

       

       

      43

      84 or any other chapter 

      Providing option to pay BCD at transaction value on the disposal of goods, imported without payment of customs duty for petroleum operations / coal bed Methane operations where such disposal is made in unserviceable and mutilated condition

      Applicable rate on depreciated value 

      7.5% on transaction value

       

       

      Export Promotion for Sports goods

       

       

      44

      39 , 4407 

      Foam/EVA foam (39) and Pine Wood (4407) are being included in the list of items allowed duty free import upto 3% of FOB value of sports goods exported in the preceding financial year subject to specified conditions

      Applicable rate

      Nil

       

      Clarifications and Miscellaneous changes regarding Basic Customs Duty

       

       

      Fisheries

       

       

      45

      2309

      Clarification is being issue that prawn feed and shrimp larvae feed, other than in pellet form will also attract 5% customs duty applicable on other fish feed in pellet form.  

       

       

       

       

      Topics

      ActsIncome Tax