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    ManualsIncome Tax
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    Taxability of foreign currency translation reserve: opening FCTR to be included in income unless previously recognised, requiring professional judgment.
    The opening balance of the Foreign Currency Translation Reserve (FCTR) as on 1 April 2016 relating to exchange differences on monetary items for non integral foreign operations shall be recognised in the relevant previous year as income to the extent not previously included in income computation; the correctness of this recognition is debatable and requires appropriate professional judgment because conversion does not create real income and ICDS treatment may not apply to earlier years.
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    Foreign currency liabilities treatment: exchange differences on monetary items hit profit or loss; non monetary differences not taxable or deductible.
    Section 43A does not apply to foreign currency liabilities for purchase of assets in India; such liabilities are governed by ICDS VI. Per ICDS VI para 5(i), exchange differences on monetary items are recognised in the profit and loss account, whereas exchange differences on non monetary items are neither taxable nor deductible.
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    Exchange difference recognition requires periodic recognition until final settlement, treated as income or expense for monetary items.
    Exchange differences on monetary transactions settled after the end of the previous year must be recognised in each intervening period up to final settlement, with exchange gain or loss on settlement treated as income or expense, except for items relating to nonintegral foreign operations.
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    Foreign exchange differences: monetary item gains and losses recognised as income or expense, non-monetary conversion differences excluded.
    Exchange differences on monetary items (cash and assets or liabilities receivable or payable in fixed or determinate amounts of money) arising on settlement or on the last day of the financial year must be recognised as income or expense of that year. Exchange differences on non-monetary items arising on conversion at the last day of the year are not to be recorded as income or expense for that year.
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    Foreign currency transaction recording: use transaction-date exchange rate or a stable weekly/monthly average when fluctuations are insignificant.
    Under ICDS VI, a foreign currency transaction must be initially recorded in the reporting currency using the exchange rate on the transaction date; if rates do not fluctuate significantly from actuals, a weekly or monthly average rate may be used instead.
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    Capitalization of test-run and commissioning expenditure: pre-commercial costs capitalized, post-commercial costs treated as revenue excluding general overheads.
    Expenditure on start-up and commissioning, including test runs and experimental production, must be capitalized as part of the cost of the tangible fixed asset until commercial production begins; expenditure after commercial production is revenue expenditure. Administration and general overheads not relating to a specific tangible fixed asset are excluded from asset cost and treated as revenue expenditure.
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    Valuation of tangible fixed assets requires recording at actual cost including nonrecoverable taxes and directly attributable expenditures.
    Valuation of tangible fixed assets under ICDS V requires recording assets at actual cost, comprising purchase price, duties and taxes that are not recoverable, and other directly attributable expenditure necessary to bring the asset to its intended use; recoverable taxes are excluded.
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    Accrual basis interest recognition: interest taxed on accrual must be included when computing capital gain from subsequent sale.
    Where interest has been accounted as income on an accrual basis before the sale of a security, the amount already taxed as interest income on accrual basis shall be taken into account for computation of income arising from such sale.
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    Interest on compensation taxed as Income from Other Sources when received; accounting standard ICDS does not displace the statute.
    Interest received on compensation or enhanced compensation is taxable in the year of receipt and must be reported under Income from Other Sources, regardless of whether the assessee uses mercantile or cash accounting; where ICDS IV conflicts with the Act the statute prevails.
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    ICDS applicability to gross-basis incomes confirms ICDS governs computation of taxable interest, royalty and fees for technical services.
    ICDS IV (Revenue Recognition) applies to incomes taxed on a gross basis, including interest, royalty and fees for technical services payable to non-residents, and such receipts must be computed and recognized under ICDS principles for determining the amount chargeable to tax.
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    Accrual-based revenue recognition: interest and royalty must be recognised despite collection uncertainty; statutory provisions prevail.
    Interest is recognised on a time basis and royalty according to contractual terms; later non recovery may be claimed as a deduction under the amended deduction provisions, and applicable statutory provisions prevail over ICDS IV.
    ManualsIncome Tax
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    Revenue recognition for leases: lease treated as income not sale; lessor taxed on rent and entitled to depreciation.
    ICDS IV recognises revenue when risk and rewards transfer, so leases are not sales: lease rent is taxable income and the lessor may claim depreciation. Under hire purchase, both parties cannot claim depreciation on the same asset; substance-over-form principles indicate the owner giving the asset on hire should recognise sale while the hirer is entitled to depreciation.
    ManualsIncome Tax
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    Revenue recognition under ICDS IV applies to real estate developers and BOT operators absent a specific exclusion.
    In the absence of any specific ICDS notified for real estate developers, BOT projects and leases, the relevant provisions of the Income tax Act and applicable ICDS (including ICDS III and ICDS IV) apply to revenue recognition, income computation and disclosure for those transactions.
    ManualsIncome Tax
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    Work-in-progress treatment: costs to secure construction contracts must be capitalised and not deducted until related work is performed.
    Precontract costs to secure construction contracts must be treated as an asset and characterised as work-in-progress, representing amounts due from customers, and therefore should not be claimed as a deduction in the year of incurrence but carried forward and recognised when the related construction or installation work is performed.
    ManualsIncome Tax
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    Incidental income in construction contracts: deduct from contract costs; investment returns taxed separately under income provisions.
    Incidental incomes arising from construction contracts are not part of contract revenue and must be reduced from contract costs; examples include sale of surplus materials and disposal of plant and equipment. Income in the nature of interest, dividends and capital gains is excluded from incidental income and is taxed separately under applicable law.
    ManualsIncome Tax
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    Proviso to section 36(1)(iii) inapplicable to construction contracts; interest on contract borrowings is deductible for execution purposes.
    Proviso to section 36(1)(iii) does not apply to borrowings by contractors for executing construction contracts because such borrowings are not for acquisition of an asset; therefore interest on capital borrowed attributable to a construction contract is not barred by the proviso and is allowable as a deduction under ICDS III.
    ManualsIncome Tax
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    Retention money recognition: recognise as revenue only when reasonable certainty of ultimate collection exists under ICDS construction rules.
    Retention money within a construction contract is part of contract revenue and should be recognised as revenue on billing only when there is reasonable certainty of its ultimate collection, based on the contract's performance criteria and para 9 of ICDS on construction contracts.
    ManualsIncome Tax
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    Contract revenue recognition: recognize only costs incurred when outcome is not reliably estimable; early-stage limit applies.
    When the outcome of a construction contract cannot be estimated reliably, revenue is recognized only to the extent of costs incurred, subject to an early-stage completion limit specified in the Income Computation and Disclosure Standard on Construction Contracts.
    ManualsIncome Tax
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    Percentage of completion method recognizes construction contract revenue, expenses and profit by proportion of work completed.
    Recognition of revenue and expenses for construction contracts under ICDS III is governed by the percentage of completion method, whereby revenue, costs and profit are recognized by reference to the stage of completion of contract activity on the reporting date and reported in proportion to work completed.
    ManualsIncome Tax
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    Bad debt deduction available without book write off when previously taxed income becomes irrecoverable under the statutory proviso.
    If contract revenue was offered to tax under ICDS but not recorded in the books and later becomes irrecoverable, it cannot be written off in the absence of a book entry; instead, deduction may be claimed under the statutory proviso allowing bad debt deduction without book write off where the amount was taken into account in computing income in the previous year in which it became irrecoverable or an earlier year.

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      AMENDMENTS IN THE FIRST SCHEDULE TO THE CUSTOMS TARIFF ACT, 1975  - FINANCE (No.2) BILL, 2019

      5 July, 2019

      Contents
      Rules & Regulations
      Summary
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      AMENDMENTS IN THE FIRST SCHEDULE TO THE CUSTOMS TARIFF ACT, 1975   

       

      AMENDMENTS

      A.

      Tariff rate changes for  Basic Customs Duty [to be effective from 06.07.2019]*  [Clause [87(a)] of the Finance (No. 2) Bill, 2019]

      Rate of Duty

      S. No

      Heading, sub-heading tariff item

      Commodity

      From

      To

       

       

      Construction Materials

       

       

      1

      3918

      Floor covering of plastics, Wall or ceiling coverings of plastics

      10%

      15%

      2

           

      6905,

      6907

      Ceramic roofing tiles and ceramic flags and pavings, hearth or wall tiles 

      10%

      15%

      3

      8302

      Base metal fittings, mountings and similar articles suitable for furniture, doors, staircases, windows, blinds, hinge for auto mobiles 

      10%

      15%

       

       

      Precious Metals

       

       

      4

      7106

      Silver (including silver plated with gold or platinum) unwrought or in semimanufactured forms, or in powdered form

      10%

      12.5%

      5

      7107 00 00

      Base metals clad with silver, not further worked than semi-manufactured

      10%

      12.5%

      6

      7108

      Gold (including gold plated with platinum) unwrought or in semimanufactured forms, or in powder form 

      10%

      12.5%

      7

      7109 00 00

      Base metals or silver, clad with gold, not further worked than semimanufactured

      10%

      12.5%

      8

      7110

      Platinum, unwrought or in semi-manufactured form, or in powder form

      10%

      12.5%

      9

      7111 00 00

      Base metals, silver or gold, clad with platinum, not further worked than semimanufactured

      10%

      12.5%

      10

      7112

      Waste and scrap of precious metals or of metal clad with precious metals; other waste and scrap containing precious metal compounds, of a kind used principally for the recovery of precious metal

      10%

      12.5%

       

       

      Automobile parts 

       

       

      11

      6813

      Friction material and articles thereof (for example, sheets, rolls, strips, segments, discs, washers, pads), not mounted, for brakes, for clutches or the like, with a basis of asbestos, of other mineral substances or of cellulose, whether or not combined with textile or other materials. 

      10%

      15%

      12

      7009

      Glass mirrors, whether or not framed, including rear-view mirrors

      10%

      15%

      13

      8301 20 00

      Locks of a kind used in motor vehicles 

      10%

      15%

      14

      8421 23 00

      Oil or petrol filters for internal combustion engines

      7.5%

      10%

      15

      8421 31 00

      Intake air-filters for internal combustion engines

      7.5%

      10%

      16

       

       8421 39 20,

      8421 39 90

      Air purifiers or cleaners and other filtering or purifying machinery and apparatus for gases 

      7.5%

      10%

      17

      8512 10 00,

      8512 20 10,

       8512 20 20

      Lighting or visual signaling equipment of a kind used in bicycles or motor vehicles 

      10%

         15%

      18

       

      8512 20 90,

      8512 30 90

      Other visual or sound signalling equipment for bicycles or motor vehicles

      7.5%

      15%

      19

      8512 30 10

      Horns for vehicles

      10%

      15%

      20

      8512 90 00

      Parts of visual or sound signalling equipment for bicycles or motor vehicles

      7.5%

      10%

      21

       

      8512 40 00,

      8539 10 00,

      8539 21 20,

      8539 29 40

      Windscreen wipers, defrosters and demisters, Sealed beam lamp units and other lamps for automobiles

      10%

      15%

      22

      8706

      Chassis fitted with engines, for the motor vehicles of headings 8701 to 8705. 

      10%

      15%

      23

      8707

      Bodies (including cabs), for the motor vehicles of headings 8701 to 8705

      10%

      15%

       

       

      Electronics and Electrical equipments

       

       

      24

      8415 90 00

      Indoor and outdoor unit of split –system air conditioner

      10%

      20%

      25

      8518 21 00, 8518 22 00

      Loudspeaker

      10%

      15%

      26

      8521 90 90

      Digital Video Recorder (DVR) and Network Video Recorder (NVR)

      15%

      20%

      27

      8525 80 

      CCTV camera and IP camera

      15%

      20%

      28

      9001 10 00

      Optical Fibres, optical fibre bundles and cables

      10%

      15%

       

      Miscellaneous changes in Tariff Schedule

      29

      9804

      Chapter Note 7 to be inserted in Chapter 98 so as to exclude printed books imported for personal use from the purview of heading 9804. This heading covers all dutiable articles imported for personal use and attracts 28% IGST. This amendment would exclude printed books from this heading and they would be subject to the applicable merit rate.

      B.

      Amendments not affecting rates of duty [Clause  87(b)  of the Finance (No. 2) Bill, 2019]

      30

      First Schedule to the Customs Tariff Act, 1975 is amended to:

      (i) Create specific tariff lines for specific products, presently classified as others; (ii) Rectify the errors to align it with HSN.

      These changes would come into effect from a date to be notified by the Central Government in the official gazette.

      *  Will come into effect immediately owing to a declaration under the Provisional Collection of Taxes Act, 1931.   

       

       

       

      Topics

      ActsIncome Tax