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    NewsBills
    Providing check on survey operations under section 133A of the Act.
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    Provision for e-appeal.
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    Amendment in Dispute Resolution Panel (DRP).
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    Modification of e-assessment scheme.
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    Exempting non-resident from filing of Income-tax return in certain conditions.
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    Providing an option to the assessee for not availing deduction under section 35AD.
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    Increase in safe harbour limit of 5 per cent. under section 43CA, 50C and 56 of the Act to 10 per ce...
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    NewsBills
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    Survey approval requirements: amended hierarchy now mandates higher-level approval before conducting surveys under section 133A.
    Amendment introduces a tiered prior-approval regime for exercise of survey powers: where information is received from a prescribed authority, lower-ranked officers require prior approval from the intermediate supervisory tier; in other cases, officers below the senior administrative tier require prior approval from that senior tier. The change raises the approval threshold in non-prescribed-authority cases and takes effect from the stated effective date.
    NewsBills
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    E-appeal scheme to enable faceless electronic appellate proceedings and permit government to modify appellate procedure.
    A proposed insertion to section 250 empowers the Central Government to notify an e-appeal scheme to enable electronic disposal of appeals, eliminate in-person interface between Commissioner (Appeals) and appellants to the extent technologically feasible, optimise resource use through economies of scale and functional specialisation, and introduce an appellate system with dynamic jurisdiction. The power includes directing, by notification, that statutory provisions on jurisdiction and appellate procedure may not apply or may apply with specified exceptions, modifications and adaptations, and requires such notifications to be laid before both Houses of Parliament.
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    Dispute Resolution Panel expansion: added non-resident taxpayers can seek DRP review when AO proposes prejudicial assessment variations.
    Amendment expands the Dispute Resolution Panel (DRP) procedure to require the Assessing Officer to forward a draft assessment order when proposing any variation prejudicial to the assessee, permitting the taxpayer to file objections with the DRP whose binding directions govern the AO. The definition of eligible assessee is widened to include non-resident persons other than companies alongside foreign companies and cases with transfer pricing adjustments.
    NewsBills
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    E-assessment scheme expanded to include best-judgement assessments and extend direction power through a temporary sunset period.
    Amendment expands the E-assessment Scheme, 2019 to include best judgement assessment within the scope of the scheme-making power under sub-section (3A) of section 143, and permits the Central Government to issue directions under the provision for a prescribed limited period, effective from the commencement of the stated assessment year.
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    Commodity Transaction Tax expansion: new tax coverage for options in goods and derivatives tied to other derivatives.
    Amendments expand the scope of Commodity Transaction Tax (CTT) to include sales of derivatives based on prices or indices of commodity derivatives and sales of an option in goods, and replace "recognised association" with "recognised stock exchange". The proposal allocates CTT liability by product and settlement mode-seller liability for derivatives based on derivatives' prices or indices, purchaser liability for exercised options in goods with different treatment for physical delivery versus non-delivery settlement-and updates statutory definitions, the CTT schedule, and value computation accordingly.
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    Employer contribution cap to retirement funds: excess employer contributions taxable and related accretions treated as perquisite.
    A combined upper limit is proposed on employer contributions to the National Pension Scheme, superannuation funds and recognized provident funds; employer contributions exceeding the combined cap in a year will be taxable, and annual accretions to the fund relating to such employer contributions shall be treated as a perquisite to the extent included in total income.
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    Tax Collected at Source expanded to cover overseas remittances, tour packages and sales-based collections with specified exemptions.
    Amendments expand Tax Collected at Source (TCS) under section 206C to require authorised dealers to collect TCS on specified overseas remittances under LRS and sellers to collect TCS on sale of overseas tour packages, both with higher rates for non-PAN/Aadhaar cases and specified exemptions. Separately, sellers with turnover above a prescribed threshold must collect TCS on sale of goods above a set consideration limit, subject to notification-based exemptions and exclusions for certain government and diplomatic entities. Provisions take effect from 1 April 2020.
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    TDS on e commerce transactions: operators must withhold on gross platform receipts and treat direct payments as operator credits.
    A new provision imposes TDS on e commerce transactions by requiring the e commerce operator to deduct tax on the gross amount of sales or services when credited to or paid to an e commerce participant; direct payments by purchasers are treated as operator payments. Low volume individual and HUF participants who furnish PAN or Aadhaar are exempt from withholding. The provision overrides other TDS liabilities for the same transactions, excludes operator receipts for unrelated advertising services, and includes definitions and consequential amendments to align withholding and procedural provisions.
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    Tax deduction on interest income: large co-operative societies must withhold tax when turnover and per payee interest exceed specified thresholds.
    The amendment narrows exemptions in section 194A(3) so that a co operative society otherwise exempt under clause (v) or (viia) must deduct tax at source if it exceeds a specified turnover threshold in the preceding year and if the interest credited or paid to a payee in the financial year exceeds specified per payee thresholds, with separate thresholds for senior citizens and others.
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    TDS on technical services adjusted to reduce classification disputes and align withholding with work contract payments.
    To reduce classification disputes and litigation, the law prescribes a reduced withholding rate specifically for fees for technical services (other than professional services), aligning its TDS incidence more closely with that applicable to payments for execution of work contracts; withholding rates for other categories of fees remain unchanged and the amendment takes effect from the commencement date specified in the measure.
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    Deduction timing for Section 43B: insured business expenses disallowed earlier permitted when actually paid.
    A proviso is proposed to Rule 5 of the First Schedule so that any sum added back under Section 43B in accordance with clause (a) of Rule 5 shall be allowed as a deduction in computing income under the rule in the previous year in which such sum is actually paid; the amendment takes effect from 1 April 2020 and applies to assessment year 2020-21 and onwards.
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    Attribution to Permanent Establishment now covered in safe harbour rules and advance pricing agreements, providing transfer pricing certainty.
    Amendments expand Safe Harbour Rules to permit acceptance of declared transfer prices that address attribution of profits to a Permanent Establishment, and amend Advance Pricing Agreement provisions to allow APAs to determine or specify the manner of determining such attribution, thereby extending transfer pricing certainty to both safe harbour and APA mechanisms for future and rollback years.
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    Business trust definition modified: listing requirement removed so tax pass-through and regime apply to unlisted trusts.
    The proposal amends clause (13A) of section 2 to remove the requirement that units be listed on a recognised stock exchange for a trust to qualify as a business trust, aligning the income tax definition with SEBI amendments that eliminated mandatory listing for InvITs; under section 115UA such trusts remain subject to taxation rules including pass through treatment for SPV interest and rent and filing and reporting obligations.
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    Carry forward of losses extended to statutory bank and government insurance company amalgamations under specified nationalisation schemes.
    Section 72AA's allowance for carry forward of accumulated losses and unabsorbed depreciation is extended to include amalgamations of corresponding new banks under the Banking Companies (Acquisition and Transfer of Undertakings) Acts and amalgamations of Government companies arising under the General Insurance Business (Nationalisation) Act, with defined terms to be read from those enactments and the extension operating notwithstanding specified exclusions in the Act.
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    Deferral of TDS on ESOP perquisites allows employers to delay tax deduction until sale or employment cessation.
    Amendments permit eligible start-ups to defer deduction or payment of tax on ESOP perquisites: tax must be deducted or paid within fourteen days of the earliest of (i) expiry of the prescribed post-allotment period, (ii) sale of the specified security or sweat equity share by the employee, or (iii) cessation of employment. Tax is computed using the rates applicable in the financial year when the security or share was allotted or transferred.
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    Non-resident return filing exemption extended to royalty and FTS when withholding tax is applied at prescribed rates.
    A statutory amendment will exempt a non-resident from filing an income-tax return where the non-resident's total income consists solely of dividend or interest, or specified royalty or fees for technical services, provided that withholding tax on such income has been deducted under Chapter XVII-B at rates not lower than the rates prescribed for tax determination under section 115A(1); the amendment takes effect from the stated commencement date and applies to the relevant assessment year and subsequent years.
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    Optional 35AD deduction safeguards right to claim depreciation where assessee forgoes the investment allowance under amended rules.
    The amendment makes the 100% capital expenditure deduction under section 35AD optional and restricts the sub section (4) non allowance rule so that other deductions, including normal depreciation, are disallowed only if the section 35AD deduction has been claimed and allowed; the change applies prospectively to the assessment year beginning 1 April 2020.
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    Safe harbour threshold for stamp valuation adjustments increased, reducing valuation-driven recharacterisation of consideration for transfers.
    Increase of the safe harbour threshold from five per cent to ten per cent for valuation comparisons where declared consideration for transfer or receipt of immovable property is lower than the stamp valuation authority's value, so that a declared consideration within the safe harbour is treated as the full value for computing capital gains or income from other sources; effective from 1st April, 2021 and applying to the relevant assessment year and subsequent years.
    NewsBills
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    Interest limitation carve-out excludes debt from permanent establishments of foreign banks from interest disallowance under amended rules.
    The amendment provides that the interest limitation will not apply to interest paid in respect of debt issued by a lender which is a permanent establishment of a non-resident engaged in banking in India, thereby carving out loans from branches of foreign banks from the section 94B restriction and avoiding application of the earnings based disallowance to such debt.
    NewsBills
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    Concessional withholding tax extended and applied to municipal debt, enabling foreign investor interest relief within a renewed operative window.
    Amendment to section 194LD extends the concessional withholding tax regime and applies the concessional rate to interest on municipal debt securities by Foreign Institutional Investors and Qualified Foreign Investors, preserving the reduced TDS rate for eligible interest payments and changing the operative period so that interest paid within the newly prescribed window qualifies for the concession, with the amendment taking effect from the start of the specified fiscal period.

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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