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    Refund of IGST - Export of goods - only because the exporter had claimed drawback @ 1% in regard to ...
    Time limit for availing Input Tax Credit (ITC) - whether GSTR-3B is a return u/s 39(1) of Central GS...
    NewsBills
    Rates for deduction of income-tax at source from “Salaries”, computation of “advance tax” an...
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    WIDENING AND DEEPENDING OF TAX BASE - Tax Deduction at Source (TDS) on payment by Individual/HUF to ...
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    MEASURES FOR PROMOTING LESS CASH ECONOMY - Prescription of electronic mode of payments
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    TDS on cash withdrawal to discourage cash transactions
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    Mandating acceptance of payments through prescribed electronic modes
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    Case LawsGST
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    Zero-rated supplies entitlement: IGST refund cannot be denied solely because exporter claimed higher drawback; statutory rules prevail.
    The statutory refund regime treats the shipping bill as a deemed application for IGST refund on exports and allows withholding of refund only in the specific, enumerated circumstances provided by the rules. Administrative circulars cannot override the statute; availing a higher duty drawback or technical limitations in departmental systems do not, without falling within the prescribed withholding contingencies, defeat an exporter's entitlement to IGST refund for zero-rated supplies.
    Case LawsGST
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    Input Tax Credit time limit: GSTR 3B is a temporary stopgap and does not fix the statutory monthly return deadline.
    The Court held that GSTR 3B was implemented as a temporary stopgap and was not intended to replace the statutory monthly return; an administrative press release treating GSTR 3B filing as the outer date to avail Input Tax Credit conflicted with the statutory time limit provision and the rules prescribing the monthly return form and manner.
    NewsBills
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    Rates for deduction of income-tax at source from salaries set and applied to advance tax and special-case assessments.
    Part III of the First Schedule prescribes rates for deduction of income-tax at source from salaries and for computation of advance tax for the financial year 2019-20; those rates also apply to charging income-tax on current incomes in special assessment cases such as provisional assessment of non-resident shipping profits, assessments of persons leaving India, persons likely to transfer property to avoid tax, and short-duration bodies.
    NewsBills
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    Income-tax rates and surcharge rules set slab-based taxation with a graduated surcharge and limits on surcharge impact.
    Slab-based income tax rates are prescribed for individuals, HUFs, AOPs, BOIs and artificial juridical persons with separate resident senior citizen slabs; computed tax is subject to a graduated surcharge for higher incomes, accompanied by a cap mechanism preventing the total tax-plus-surcharge on an income from exceeding the tax at the relevant bracket threshold by more than the excess income above that threshold.
    NewsBills
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    Tax rates for co-operative societies remain unchanged; a surcharge with a cap applies to high income societies.
    Rates of income-tax for co-operative societies remain as specified in Paragraph B of Part III of the First Schedule to the Finance Bill, unchanged from the prior year. A surcharge applies to the income-tax of societies exceeding a high-income threshold, subject to a cap that prevents total tax and surcharge from exceeding the tax at the threshold by more than the excess income.
    NewsBills
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    Firm tax rate unchanged; surcharge applies to high income firms with a statutory cap limiting surcharge on excess income.
    Rate of tax for firms for TDS and advance tax remains unchanged from the prior year; a surcharge of twelve per cent is levied where a firm's total income exceeds one crore rupees, subject to a cap that limits the aggregate income tax and surcharge on income above the threshold to not exceed the tax on the threshold amount by more than the excess income.
    NewsBills
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    Surcharge on local authority income applies above a threshold, with a statutory cap limiting aggregate tax increase.
    The income-tax rate for local authorities is maintained at the prior year's level for purposes of TDS and advance tax; a statutory surcharge is levied where total income exceeds a prescribed threshold. A statutory cap limits the combined income-tax and surcharge so that the aggregate tax on income above the threshold does not exceed the income-tax payable as if income equalled the threshold by more than the excess income.
    NewsBills
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    Corporate tax rate revised, varying by domestic status; surcharge and health and education cess apply.
    Income tax rates for companies distinguish domestic and other companies, with domestic companies below a specified turnover threshold subject to a lower rate and others taxed at a higher rate. Surcharge is levied in graded bands for domestic and non domestic companies, with marginal relief caps limiting excess tax attributable to incomes above prescribed thresholds. Certain specified company cases attract a prescribed surcharge rate. A Health and Education Cess is levied on tax including surcharge, and marginal relief is not available in respect of that cess.
    NewsBills
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    TDS on individual and HUF payments to contractors and professionals: new withholding applies above threshold; PAN may be used instead of TAN.
    Section 194M imposes withholding on payments by individuals and Hindu undivided families to resident contractors and professionals where the aggregate annual payments exceed the statutory threshold; tax is to be deducted at the prescribed withholding rate and may be deposited using the payer's Permanent Account Number, relieving such payers from the requirement to obtain a Tax Deduction Account Number.
    NewsBills
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    TDS on transfer of immovable property now covers ancillary charges, expanding 'consideration' to include fees incidental to sale.
    The Explanation to Section 194-IA is amended to state that consideration for immovable property includes ancillary charges payable by the buyer-such as club membership, car parking, electricity and water facility fees, maintenance fees, advance fees and other similar incidental charges-thereby making these amounts part of the taxable base for TDS on transfer of immovable property other than agricultural land.
    NewsBills
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    Deemed accrual of gifts: transfers by Indian residents to nonresidents treated as taxable in India under new provision.
    Gifts of money or property made by a person resident in India to a person outside India, where the property is situated in India or sums are paid, are deemed to accrue or arise in India for tax purposes when made on or after 5 July 2019; existing statutory gift exemptions continue to apply and applicable DTAA provisions remain operative. The amendment takes effect from 1 April 2020 and applies to assessment year 2020-21 onward.
    NewsBills
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    Mandatory return filing for high-value transactions expands to include transaction and rollover-based filing triggers.
    Amendments mandate filing of income tax returns by individuals who, during the previous year, undertake specified high-value transactions-including large current account deposits, significant foreign travel expenditure, or substantial electricity consumption-or meet other prescribed conditions; and require persons claiming capital gains rollover exemptions on reinvestment in specified assets to file returns when their pre-rollover total income exceeded the basic exemption limit, even if post-claim income is below that limit.
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    Show AI Summary
    Inter-changeability of PAN and Aadhaar: Aadhaar may be quoted in lieu of PAN and recipients must ensure authentication.
    Proposed amendments allow a person required to quote PAN to furnish an Aadhaar number in lieu of PAN and provide that persons entering certain prescribed transactions who lack a PAN must apply for one; recipients of documents must ensure PAN or Aadhaar is duly quoted and authenticated, and a penalty provision is amended to enforce compliance.
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    PAN-Aadhaar linkage: failure to intimate Aadhaar renders PAN inoperative while preserving prior transactions under proposed amendment.
    Failure to intimate Aadhaar will result in the PAN being made inoperative in the prescribed manner rather than being deemed invalid, with an express provision preserving the validity of transactions previously carried out through that PAN; the amendment is prospective and will take effect from the notified effective date.
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    Statement of Financial Transactions reporting: expanded mandatory reporting, threshold removed and penalties broadened to enhance tax pre-filling.
    Mandatory reporting under the Statement of Financial Transactions is widened to require additional prescribed persons to furnish SFTs, the existing aggregate transaction threshold for reporting is removed to include small-value transactions, defects unrectified within the prescribed time will be treated as furnishing inaccurate information, and penalty provisions are expanded to cover all reporting entities; these amendments take effect from 1st September, 2019.
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    Electronic payment requirement extended to include prescribed electronic modes, altering payment compliance and tax treatment from specified effective dates.
    Amendments add "other electronic mode as may be prescribed" to the list of acceptable non cash payment modes across multiple income tax provisions, so payments or receipts through prescribed electronic instruments will satisfy statutory conditions for donation exemption, capital expenditure recognition, disallowance avoidance, actual cost determination, stamp duty linked valuation, presumptive taxation eligibility, and employment related deductions. The changes apply from specified effective dates: most tax treatment provisions from 1 April 2020 and the prohibitions on specified cash receipts/repayments from 1 September 2019.
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    TDS on cash withdrawals to apply when annual cash withdrawals exceed a threshold, with specified institutional exemptions.
    Section 194N creates a TDS obligation on cash payments from a recipient's account by banks, cooperative banks and post offices when annual aggregate cash withdrawals exceed a prescribed threshold, targeting reduction of cash transactions; specified institutional recipients are exempted, and the Central Government may notify further exemptions in consultation with the Reserve Bank of India, with a statutory commencement provision.
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    Mandatory electronic payment acceptance requires businesses above a turnover threshold to provide prescribed digital payment facilities, with daily penalties.
    A new provision requires persons carrying on business whose total sales, turnover or gross receipts in the immediately preceding previous year exceed a specified turnover threshold to provide facilities for accepting payments through the prescribed electronic modes. Failure to provide such prescribed electronic payment facilities attracts a daily monetary penalty, subject to proof of good and sufficient reasons, with penalty imposition by the Joint Commissioner. A consequential amendment prohibits banks and system providers from imposing any charge for using the prescribed electronic payment modes.
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    IFSC tax incentives expand tax-neutral transfers and exemptions to promote external borrowing and extended profit-linked deductions.
    Proposed IFSC tax measures include treating transfers of specified securities by Category III AIFs with all non-resident unit-holders as not constituting transfer, empowering notification of additional securities, exempting interest payable to non-residents on borrowings by IFSC units, extending tax neutrality to dividends paid out of accumulated IFSC income, exempting distributions by mutual funds in IFSC with all non-resident unit-holders from additional tax, ensuring full access to profit-linked deductions for IFSC units by removing restrictive computation conditions, and increasing the one-hundred-per-cent deduction to any ten consecutive assessment years within a fifteen-year window.
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    Interest recognition rule extended to regulated NBFCs, with deductions allowed only when interest is actually paid by return-filing deadline.
    The accrual-exception that taxes interest on bad or doubtful debts when credited or received is extended to include deposit-taking NBFCs and systemically important non-deposit-taking NBFCs; correspondingly, interest deductions for payments to these NBFCs are allowable only if actually paid on or before the due date for filing the return of income, aligning their tax treatment with other regulated financial institutions.

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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