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Act Rules Bills
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Taxation of GDR income: concessional treatment for ESOP dividends and capital gains with notification based eligibility.
Clause 193 of the Income Tax Bill, 2025 continues the concessional tax regime for dividends and long term capital gains on Global Depository Receipts acquired in foreign currency by resident employees under government notified ESOPs, limits deductions where gross total income consists solely of such GDR income, updates statutory cross references and definitions to current corporate law and IFSCs, and excludes certain computation benefits for GDR capital gains while preserving the notification requirement to restrict eligibility to approved schemes.
Act Rules Bills
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Concessional tax regime for non resident bond and GDR income ensures specified rates, filing exemptions, and notification based eligibility.
Clause 209 creates a concessional tax regime for non resident income from specified bonds and GDRs purchased in foreign currency, requiring purchase through an approved intermediary for GDRs under government notified schemes; it prescribes specific tax rates for interest, dividends and long term capital gains, restricts deductions where specified income is sole income, ring fences capital gains by disallowing set off provisions for computation, exempts non residents from return filing when TDS is applied, and preserves treatment on amalgamation or demerger.
Act Rules Bills
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Taxation of offshore fund income: concessional rates for unit income and segregated treatment to prevent double deductions.
Clause 208 establishes a special tax regime for overseas financial organisations investing in units purchased in foreign currency: concessional rates apply to income from such units and to long term capital gains, other income is taxed at normal rates with aggregation across heads, deductions are disallowed where gross total income consists solely of such concessional income while in mixed income cases concessional income must be segregated and deductions allowed only against the non concessional portion, and eligibility requires specified investment arrangements with prescribed Indian institutions plus SEBI approval with ''unit'' defined by cross reference to the schedule or UTI.
Act Rules Bills
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Tax on provident fund accumulations: retrospective, year wise recalculation imposed when exemption conditions fail and tax withheld at payment.
Clause 191 charges tax on an accumulated balance of a recognised provident fund when schedule exemption conditions are unmet, directing the Assessing Officer to perform a retrospective, year wise calculation of the notional tax that would have applied had the fund not been recognised and to charge the excess over tax actually paid in the year of payment, with trustees required to withhold tax at source on the taxable portion.
Act Rules Bills
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Tax rates for non residents clarified: consolidated withholding regime, gross basis taxation, and filing exemptions streamlined.
Clause 207 consolidates tax treatment of specified Indian source incomes of non residents and foreign companies by prescribing rates for dividends, interest, royalties and fees for technical services, preserving concessional rates for IFSC incomes and infrastructure debt funds, and treating residual income at normal rates. It mandates gross basis taxation by denying deductions under specified sections, excludes specified incomes from deduction computations under Chapter VIII (with an IFSC exception), streamlines approval requirements for royalties and FTS, and exempts non residents from return filing where such incomes alone are subject to prescribed withholding tax.
Act Rules Bills
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Block assessment tax imposes a flat punitive rate on total income from search-derived block periods, broadening the tax base.
Clause 192 taxes the total income of the block period as determined under section 294, replacing the narrower concept of "undisclosed income," and prescribes a flat 60% tax rate with applicable surcharge, thereby broadening the tax base for block assessments while aiming to simplify rate and surcharge determinations.
Act Rules Bills
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Long-term capital gains taxation recalibrated to a higher concessional rate with STT linkage and IFSC carve-outs.
Clause 198 establishes a revised LTCG regime for transfers of equity shares, equity oriented fund units, and business trust units where STT conditions are met, prescribing a codified concessional tax on specified LTCG with an IFSC exemption for foreign currency trades; it preserves marginal relief for resident individuals and HUFs, restricts the order of applying deductions and rebates against LTCG, defines equity oriented fund investment thresholds and averaging rules, and grants government power to notify exceptions to STT requirements.
Act Rules Bills
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Long term capital gains taxation reformed: uniform lower rate, limited indexation grandfathering, and exemption limit relief retained.
Clause 197 restructures long term capital gains taxation by imposing a uniform flat rate for most LTCG, removing indexation except for formulaic transitional relief for land and buildings acquired before the specified cut off, preserving basic exemption relief for resident individuals and HUFs by reducing LTCG by any shortfall in other income, excluding certain equity related instruments from its scope, and requiring deductions to be computed on gross total income excluding LTCG.
Act Rules Bills
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Short-term capital gains tax regime tightened: higher flat rate for STT-eligible securities alters investor incentives and compliance obligations.
Clause 196 targets short term capital gains from equity shares, equity oriented fund units and business trust units that are chargeable to STT, imposing a flat tax on such gains while preserving normal taxation of remaining income. It limits concessional treatment to exchange based STT transactions, provides relief by reducing eligible STCG where other income falls below the basic exemption, excludes IFSC foreign currency transactions, and allows Chapter VIII deductions only after reducing gross total income by the specified STCG.
Act Rules Bills
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Determination of tax where exempt income is included: deduction at the average tax rate neutralises tax on non chargeable income.
Clause 190 provides that where total income includes income on which no income-tax is payable, the assessee is entitled to a deduction from the tax chargeable equal to the tax computed at the average rate of income-tax on that non-taxable amount; the average rate is derived by dividing total tax by total income and applying that rate to the exempt portion to neutralise any tax attributable to non-chargeable income.
Act Rules Bills
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General Anti Avoidance Rule expansion: new accommodating party concept widens GAAR reach and tightens tax planning scrutiny.
Clause 184 of the Income Tax Bill, 2025 largely carries forward Section 102's wide definitions for GAAR-covering arrangement, asset, benefit, connected person, fund, party, step, and tax benefit-while introducing an accommodating party concept to capture third party facilitators, updating cross references and terminology (e.g., "tax year"), and explicitly including permanent establishments and treaty arrangements to strengthen anti avoidance coverage.
Act Rules Bills
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General Anti-Avoidance Rule expanded to permit concurrent or substitutive application, increasing substance-over-form scrutiny.
Clause 183 expands the statutory reach of the General Anti-Avoidance Rule (GAAR) by expressly permitting GAAR to apply "in addition to, or in lieu of" any other basis for determination of tax liability, while maintaining application "as per such guidelines and subject to such conditions, as prescribed." The clause enables authorities to apply a substance-over-form approach, allowing concurrent or exclusive use of GAAR alongside specific anti-avoidance or substantive provisions, and thereby alters the relationship between GAAR and SAARs previously left ambiguous under Section 101.
Act Rules Bills
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General Anti Avoidance Rule: clause makes GAAR an overriding tool but conditions its use on prescribed procedural guidelines.
Clause 183 preserves GAAR's authority to apply "in addition to, or in lieu of" other bases for tax determination, enabling recharacterisation of arrangements based on substantive economic realities. It uniquely conditions GAAR's exercise on "guidelines and...conditions, as prescribed," thereby mandating subordinate guidance to define thresholds, approval processes, taxpayer rights, documentation and timelines, with the intent of reducing arbitrariness and enhancing predictability compared with the earlier framework.
Act Rules Bills
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General Anti-Avoidance Rule: Treat connected and accommodating parties as one, enabling look-through of corporate structures.
Clause 182 authorises treating connected persons as one, disregarding an accommodating party, treating an accommodating party and another party as the same person, and looking through corporate structures to determine whether a tax benefit exists, thereby enabling recharacterisation of arrangements that lack commercial substance and are designed to secure tax advantages.
Act Rules Bills
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General Anti Avoidance Rule: broad authority to recharacterise and deny tax benefits where arrangements lack commercial substance.
Clause 181 empowers tax authorities to neutralise tax benefits from arrangements lacking commercial substance by denying benefits (including treaty benefits) and imposing a range of consequences: disregarding or recharacterising steps or whole arrangements; treating arrangements as not entered into; treating accommodating or connected parties as one; reallocating tax attributes; recharacterising residence or situs; and looking through corporate structures. Clause 181(3) authorises reclassification of equity/debt and capital/revenue character. Rule 10UA limits consequences to the impermissible part of an arrangement, providing proportionality.
Act Rules Bills
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Commercial substance test: disregard arrangements whose economic effect differs from form, focusing on round-trips and artificial parties.
An arrangement may be disregarded for tax purposes if it lacks commercial substance, determined by whether the overall economic effect differs materially from its formal steps; key indicators include round-trip financing, an accommodating party, offsetting elements, disguised transactions, relocations made for tax benefit, and arrangements that do not materially affect business risks or cash flows independent of tax. Certain factors-duration, taxes paid, or an exit route-are not alone sufficient to establish substance, and the Bill omits a prior explicit definition of accommodating party, potentially creating interpretive uncertainty.
Act Rules Bills
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GAAR main purpose test targets arrangements primarily motivated by tax benefit, with procedural safeguards for invocation.
Clause 179 defines an impermissible avoidance arrangement under GAAR as one whose main purpose is obtaining a tax benefit and which meets at least one of four tainting conditions: arm's length departure, misuse or abuse of law, lack of commercial substance, or non bona fide means; it creates a rebuttable presumption placing the burden on the taxpayer for impugned steps and is operationalized through Rule 10UB's pre reference notice, Commissioner review, and Approving Panel safeguards.
Act Rules Bills
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General Anti-Avoidance Rule: empowers authorities to disregard abusive arrangements and recharacterise tax consequences subject to safeguards.
Clause 178 codifies GAAR with an overriding non-obstante effect, enabling authorities to declare an arrangement an "impermissible avoidance arrangement" and determine tax consequences, applying to whole arrangements or any step or part, based on tests of commercial substance and main purpose, while procedural safeguards-notice, hearing, and an approving panel-are prescribed to temper broad remedial powers.
Act Rules Bills
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Interest deduction limitation restricts deductible interest to a fixed EBITDA ratio with carryforward relief and specified carve-outs.
Limitation on deductible interest in cross border related party financing restricts interest deductions where interest paid or payable by Indian entities to non resident associated enterprises is treated as excess interest, capped by a fixed ratio of the borrower's EBITDA and by interest payable to associated enterprises; disallowed amounts are carry forwardable subject to the same ratio, a deeming rule treats economically supported third party loans as associated enterprise debt, and specified carve outs apply to regulated financial entities and bona fide IFSC Finance Companies under operational rules.
Act Rules Bills
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Transactions with non-cooperative jurisdictions: treated as international transactions, triggering transfer pricing scrutiny and denial of deductions.
Clause 176 creates a regime for transactions with persons in notified jurisdictional areas: government notification power; deeming parties as associated enterprises and transactions as international transactions for transfer pricing; disallowance of deductions absent prescribed authorisation and documentation; deeming unexplained receipts as assessable income; and mandatory higher withholding on payments to NJA persons, with broad definitions and anticipated procedural rules similar to Rule 21AC.

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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
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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

Acts Income Tax