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    Act RulesIncome Tax
    Comparison of Section 85 "Capital gains not to be charged on investment in certain bonds." between t...
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    Act RulesIncome Tax
    Show AI Summary
    Roll over relief for capital gains: reinvestment in specified long term bonds defers tax subject to time, holding and cap conditions.
    Relief defers tax on long term capital gains from transfer of land or building when reinvested within six months into notified long term bonds, with a statutory investment ceiling and a five year holding requirement; breach by transfer, conversion to money, or borrowing on the bond triggers deeming of previously exempted amounts as taxable long term capital gains and disallows a specified deduction for amounts claimed under the relief.
    Act RulesIncome Tax
    Show AI Summary
    Capital gains deferral for compulsory acquisition where reinvestment in industrial undertaking preserves tax neutrality subject to deposit and timelines.
    Section 84 conditions tax neutrality for capital gains on compulsory acquisition of industrial land/buildings where the assessee reinvests proceeds in a replacement asset within the prescribed reinvestment period; excess proceeds over new-asset cost are charged as income and certain cost-basis adjustments apply for disposals within the reinvestment period. Unutilised proceeds must be deposited in a specified institution and applied per a notified scheme by the return-filing due date, with documentary proof required and residual unutilised amounts charged as income.
    Act RulesIncome Tax
    Show AI Summary
    Deemed consideration rule: stamp duty value treated as full consideration for capital gains when declared consideration is lower.
    The provision deems the stamp duty value of land or building to be the full value of consideration for section 72 where declared consideration is lower, subject to a date of agreement exception conditioned on prescribed electronic/banking payment modes and a 110% safe harbour allowing actual consideration to prevail when stamp duty value does not exceed 110% of consideration; Assessing Officers may refer valuation claims to a Valuation Officer where the assessee asserts stamp duty value exceeds fair market value and the stamp duty value has not been contested.
    Act RulesIncome Tax
    Show AI Summary
    Deeming of short-term capital gains where transfers from a depreciable block exceed transfer expenses, opening WDV and acquisition cost.
    Section 74 prescribes that when consideration received or accruing in a tax year for transfers of one or more assets in a depreciable block exceeds, after deducting transfer-related expenditure, the opening written-down value of the block and the actual cost of additions during the year, the excess is deemed to be capital gains arising from the transfer of short-term capital assets; if the entire block is transferred in the year, cost of acquisition is the opening WDV plus costs of additions and resulting receipts are similarly deemed short-term capital gains.
    Act RulesIncome Tax
    Show AI Summary
    Deemed cost of acquisition: prior-owner cost continuity and formulaic apportionment govern non purchase transfers and restructurings.
    Section 73 prescribes deemed cost of acquisition rules for assets received by non-purchase modes: generally continuing the previous owner's cost (adjusted for improvements) and prescribing formulaic apportionment or fair market value bases for corporate reorganisations, mutual fund segregations/consolidations and specified instruments, with application guided by cross-references and delegated definitions.
    Act RulesIncome Tax
    Show AI Summary
    Indexation of acquisition costs limited to prescribed computation item, narrowing administrative discretion and clarifying taxpayer application.
    Section 72 prescribes that capital gains equal the full value of consideration less specified deductions (transfer expenditures, cost of acquisition and improvements), with indexation applying in prescribed contexts as indexed equivalents; it excludes certain items from deduction, provides cost adjustments for business trust distributions, grants specified entities additional prescribed deductions, and imposes special currency conversion and rupee appreciation rules for non residents, while defining indexed cost calculations by reference to a Cost Inflation Index.
    Act RulesIncome Tax
    Show AI Summary
    Tax-neutrality for corporate reorganisations, IFSC fund relocations, non-resident transfers and conversions subject to specified conditions.
    Section 70 treats specified transfers as not constituting a transfer for capital gains, rendering many corporate reorganisations, succession transfers, conversions, certain non-resident-to-non-resident transactions and relocations of foreign funds into IFSC-located resultant funds tax-neutral only where qualifying tests - including shareholding continuity, residency/domestic-company status, regulatory registration and non-taxation in the foreign jurisdiction - and documentary conditions are satisfied.
    Act RulesIncome Tax
    Show AI Summary
    Specified derivative transaction criteria change tax classification and impose documentary and platform compliance obligations for derivative trades.
    The enacted Section 66 narrows and reorders interpretive definitions governing Chapter IV D, alters key terms (including shifting focus from "commodity derivative" to "commodities transaction tax"), moves some enterprise classifications to notification based criteria, and changes successor/predecessor coverage. It also revises the functional tests and documentary preconditions for specified derivative transaction and speculative transaction status - emphasising electronic execution, prescribed platforms/intermediaries and time stamped contract notes with UCI and PAN - thereby creating clear compliance triggers and greater reliance on delegated notifications and rules.
    Act RulesIncome Tax
    Show AI Summary
    Maintenance of books of account: record keeping duty for specified professions and businesses; Board to prescribe particulars and retention.
    Section 62 requires maintenance of books and documents to enable computation of total income by specified professions, businesses meeting alternative income or turnover tests, and professions notified by the Board. The Board may prescribe the form, particulars, manner, place and retention periods. The enacted text repositions the Board's notification power into the definition of specified professions, corrects an apparent turnover threshold error for individuals/HUFs, and revises cross references affecting deemed profits carve outs; operational details depend on subsequent rules and the referenced tables.
    Act RulesIncome Tax
    Show AI Summary
    Presumptive taxation for non resident activities fixes taxable profits on defined receipts and narrows audit relief.
    Section 61 prescribes a presumptive taxation method for six specified non resident activities, fixing taxable profits as percentages of defined receipts (A and B) and supplying definitions and examples for those receipts; it bars deductions or losses against income so computed, prescribes written down value treatment, and permits audit based claims of lower actual profits only where expressly allowed and subject to strict bookkeeping and audit compliance, while the Act narrows those reliefs and clarifies definitional and non application provisions.
    Act RulesIncome Tax
    Show AI Summary
    Presumptive taxation regime clarified for small businesses and goods carriage operators, altering computation and compliance timing.
    Section 58 creates a presumptive taxation regime for small businesses, goods carriage operations and specified professions, prescribing turnover limits and fixed presumptive computation methods. Taxpayers may elect actual profits but must maintain books and obtain an audit if total income exceeds the basic exemption limit. The enacted text clarifies that receipts received by specified banking or online modes count for a lower percentage only if received during the tax year or before the due date, treats non account payee cheques/bank drafts as cash for cash tests, and expressly excludes goods carriage receipts from aggregation for monetary limits under book keeping/audit rules.
    Act RulesIncome Tax
    Show AI Summary
    Deemed consideration: stamp duty value may be treated as full value where declared consideration is lower.
    The provision deems the stamp duty value to be the full value of consideration for transfers of non-capital land or buildings where declared consideration is below stamp duty value, subject to a statutory tolerance that preserves actual consideration if stamp duty value is within a specified margin; agreement date stamp valuations may be used when agreement and registration dates differ provided consideration (or part) was received by specified banking/online modes on or before the agreement date, with determination mechanics governed by cross referenced valuation rules.
    Act RulesIncome Tax
    Show AI Summary
    Amortisation rules for telecom spectrum and licence fees require time spread deductions and proceeds offset on transfer.
    The section prescribes amortisation in equal instalments for four categories of expenditure-amalgamation/demerger costs, SVR payments, spectrum fees and licence fees-starting from specified initial tax years (event/payment or later of business commencement/payment) and, for spectrum/licence, running co terminous with the life of the right. Transfers of spectrum/licence rights trigger offsetting of proceeds against remaining unallowed expenditure with specified income inclusion rules and a formula for part transfers; amalgamation/demerger transfers to an Indian company preserve the section's application to the successor. Depreciation exclusion and reassessment mechanics for wrongful allowance are also provided.
    Act RulesIncome Tax
    Show AI Summary
    Amortisation of prospecting expenditure permits staged tax deduction subject to funding reductions, exclusions and audit conditions.
    Amortisation allows an Indian company or resident (other than a company) engaged in prospecting for specified minerals to capitalise qualifying expenditure incurred in the year of commercial production and up to four preceding years, claim periodic instalments after reducing amounts funded by others and realizations (sale, salvage, compensation, insurance), and excluding site/deposit acquisitions and depreciable capital assets; instalments are limited so as not to reduce income from commercial exploitation below nil, unallowed amounts may be carried forward within the overall amortisation period, and audit and prescribed reporting are required for non-company assessees.
    Act RulesIncome Tax
    Show AI Summary
    Site restoration fund deductions for petroleum operations, with recapture on asset disposals governed by Schedule X.
    Section 49 creates a Site Restoration Fund regime for petroleum and natural gas operations under a Central Government agreement, allowing deductions for deposits to a designated special account or site restoration account with computation governed by Schedule X. Withdrawals or transfers from those accounts are taxable in the year of withdrawal/transfer under Schedule X. The Act removes a clause in the Bill that explicitly deemed a portion of asset cost relatable to prior deductions as business income on sale within a specified holding period, instead delegating disposal and recapture rules to Schedule X.
    Act RulesIncome Tax
    Show AI Summary
    Recapture on premature disposal reverses deduction for deposits into designated tea, coffee and rubber development accounts, taxing attributable cost on disposal.
    Clause 48 permits a deduction for deposits into designated tea, coffee and rubber development accounts, with computation governed by Schedule IX; withdrawals or transfers are chargeable to tax in the year of transfer/withdrawal as per Schedule IX, and disposal of assets acquired under the scheme within the protective holding period results in deeming that portion of the asset cost attributable to earlier deductions as business income in the year of sale or transfer.
    Act RulesIncome Tax
    Show AI Summary
    Immediate deduction of capital expenditure for specified businesses, subject to conditions, approvals and an eight-year recapture rule.
    The Act permits an elective immediate deduction of whole capital expenditure incurred wholly and exclusively for specified businesses in the year of incurrence (or in year of commencement if pre-commencement cost is capitalised), subject to specified commencement dates, definitions and conditions. The deduction is disallowed where a business is formed by splitting/reconstruction or by transfer of previously used machinery (except a limited de minimis exception), requires specified approvals/notifications for certain sectors, excludes land/goodwill/financial instruments and cash over prescribed limits, and is subject to an eight-year sole-use recapture mechanism with depreciation adjustment.
    Act RulesIncome Tax
    Show AI Summary
    Scientific research deductions conditional on prescribed authority certification, approval for in-house R&D, and prohibition on duplicate claims.
    The provision allows deductions for capital and revenue expenditure on business-related scientific research, excluding land costs, and deems qualifying pre-commencement salaries, materials and capital costs to the year of commencement if certified by the prescribed authority. In-house R&D deductions are available for prescribed companies with approved facilities and qualifying costs subject to prescribed conditions and documentation. Payments to approved research entities are deductible only for approved programmes and recipients. Non-duplication rules bar claiming the same expenditure under other provisions and exclude parallel asset-based deductions where research deductions have been taken.
    Act RulesIncome Tax
    Show AI Summary
    Amortisation of preliminary expenses allows spreading eligible start-up costs over successive years subject to statutory cap and compliance conditions.
    The provision permits amortisation of specified preliminary and project-related expenditures by resident Indian assessees through equal annual deductions over five successive tax years beginning with the year the undertaking becomes operational or the year of commencement. Eligible items include feasibility and project reports, market surveys, engineering services, specified legal and registration costs, prospectus and public issue expenses for companies, and other prescribed items not deductible under any other provision. A statutory cap restricts the allowable deduction to a percentage of project cost or capital employed, with project cost tied to actual cost as shown in the books, and procedural conditions require prescribed filings and audited accounts for certain taxpayers.
    Act RulesIncome Tax
    Show AI Summary
    Capitalising foreign exchange fluctuation adjusts asset cost to reflect exchange-rate differences between acquisition and payment.
    Section 42 requires capitalisation of foreign exchange variation by computing A = B - C, where B is INR paid during the tax year (excluding parts met by others) for asset cost or repayment of foreign-currency borrowings used to acquire the asset, and C is the INR liability corresponding to that payment at acquisition; the variation is added to or deducted from the asset's actual cost, specified capital expenditure categories, or cost of acquisition for set-off purposes, with forward-contract-covered amounts computed at the contract rate.

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      OTHER PROPOSALS INVOLVING CHANGES IN BASIC CUSTOMS DUTY RATES IN NOTIFICATIONS

      3 February, 2020

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      Budget 2020-21 + FINANCE BILL, 2020

      S.No

      Heading, sub-heading, tariff item

      Commodity

      From

      To

       

       

      Animals

       

       

      1.

      0101 21 00

      Pure-bred breeding horses

      30%

      Nil

       

       

      Fuels, Chemicals and Plastics

       

       

      2.

      27

      Very low Sulphur fuel oil meeting ISO 8217:2017 RMG380 Viscosity in 220-400 CST standards/Marine Fuel 0.5% (FO), under the same conditions as available to IFO 180 CST and IFO 380 CST under entry at S. No. 139 of notification No. 50/2017-Customs dated 30.06.2017.

      10%

      Nil

      3.

      2713 12 10, 2713 1290

      Calcined Petroleum Coke

      10%

      7.5%

      4.

      2843

      Colloidal precious metals; compounds of precious metals; amalgams of precious metals

      7.5%

      10%

      5.

      2916 12 10

      Butyl Acrylate

      5%

      7.5%

      6.

      3907 99 90

      Polyester Liquid Crystal Polymers (LCP) for use in manufacture of connectors

      7.5%

       Nil

      7.

      3920 10 99

      Calendared plastic sheets for use in manufacturing of smart cards

      10%

      5%

       

       

      Paper Industry

       

       

      8.

      48

      a) Newsprint, if the importer, at the time of import is an establishment registered with the Registrar of Newspapers, India (RNI)

      b) Uncoated paper used for printing newspaper, if the importer, at the time of import' is an establishment registered with the Registrar of Newspapers, India (RNI)

      c) Lightweight coated paper used for printing magazines, subject to end-use conditions

      10%

      5%

       

       

      Sports Goods

       

       

      9.

      44

      List of items allowed duty free import up to 3% of FOB value of sports goods exported in the preceding financial year is being amended to include-Willow

      Applicable rate

      Nil

       

       

      Precious Stones and Metals

       

       

      10.

      7108

      Gold used in the manufacture of semiconductor devices or light emitting diodes

      Nil

      12.5%

      11.

      7103

      Rubies, emeralds, sapphires - unset and imported uncut

      Nil

      0.5%

      12.

      7103

      Rough coloured gemstones

      Nil

      0.5%

      13.

      7103

      Rough semi-precious stones

      Nil

      0.5%

      14.

      7103

      Pre-forms of precious and semi-precious stones

      Nil

      0.5%

      15.

      7104

      Rough synthetic gemstones

      Nil

      0.5%

      16.

      7104

      Rough cubic zirconia

      Nil

      0.5%

      17.

      7104

      Polished Cubic Zirconia

      5%

      7.5%

      18.

      7110

      Platinum or Palladium used in manufacture of-.

      a) All goods, including Noble Metal Compounds and Noble Metal Solutions [2843]

      b) Catalyst with precious metal or precious metal compounds as the active substance [3815 12]

      12.5%

      7.5%

      19.

      7112

      Spent Catalyst/Ash containing precious metal like gold from which such precious metal is retrieved subject to specified conditions.

      12.5%

      11.85%

       

       

      Machinery

       

       

      20.

      84

      Goods specified in List 10 of Notification No. 50/2017-Customs dated 30.62017, required for use in high voltage power transmission project

      5%

      7.5%

      21.

      8432 80 20

      Rotary tillers/weeder

      2.5%

      7.5%

      22.

      84 or any other Chapter

      Goods specified in List 14 of Notification No. 50/2017 - Customs dated 30.6.2017, required for construction of road like paver finisher, machines for filling up cracks in roads, mobile bridge inspection units etc.

      Nil

      Applicable BCD

      23.

      8501

      Motors like Single Phase AC motors, Stepper motors, Wiper Motors etc.

      7.5%

      10%

       

       

      Electronic goods, parts thereof

       

       

      24.

      74

      Copper and articles thereof used in manufacturing of specified electronic items

      Nil

      Applicable BCD

      25.

      8504 40

      Specified Chargers and power adapters

      Applicable BCD

      20%

      26.

      8517 70 10

      PCBA of Cellular mobile phones (with effect from 01.04.2020)

      10%

      20%

      27.

      8517 70 90

      Fingerprint readers/scanner, for use in Cellular mobile phones

      Nil

      15%

      28.

      8517 70 90

      Vibrator/Ringer of Cellular mobile phones(with effect from 01.10.2020)

      Nil

      10%

      29.

      8517 70 90

      Display Panel and Touch Assembly of Cellular mobile phones (with effect from 01.10.2020)

      Nil

      10%

      30.

      8518 30 00

      Headphones and Earphones

      Applicable BCD

      15%

      31.

      8518 90 00

      Following parts of Microphone for use in manufacture of Microphone namely,

      a) microphone cartridge

      b) microphone holder

      c) microphone grill

      d) microphone body

      10%

      Nil

      32.

      8538

      Micro-fuse base, sub-miniature fuse base, Micro-fuse Cover and sub-miniature fuse cover for use in manufacture of micro fuse and sub-miniature fuse.

      7.5%

      Nil

       

       

      Automobile and automobile parts

       

       

      33.

      2843

      Noble metal solutions and noble metal compounds used in manufacture of catalytic converter and their parts

      5%

      10%

      34.

      7110

      Platinum or Palladium used in manufacturing of catalytic converter and their parts

      5%

      Applicable BCD

      35.

      84 or any other Chapter

      (A) Parts of catalytic converter tor manufacture of catalytic converters.

      (B) The following goods for use in the manufacture of catalytic converters and its parts, namely: -

      (i) Raw substrates (ceramics)

      (ii) Wash coated substrates (ceramics)

      (iii) Raw substrates (metal)

      (iv) Wash coated substrates (metal)

      (v) Stainless steel wire cloth stripe

      (vi) Wash coat

      5%

      7.5%

      36.

      8702, 8704

      Completely Built Units (CBUs) of commercial vehicles (other than electric vehicles) (with effect from 01.04.2020)

      30%

      40%

      37.

      8702, 8704

      Completely Built Units (CBUs) of commercial electric vehicles (with effect from 01.04.2020)

      25%

      40%

      38.

      8703

      Semi Knocked Down (SKD) forms of electric passenger vehicles (with effect from 01.04.2020)

      15%

      30%

      39.

      8702, 8704, 8711

      Semi Knocked Down (SKD) forms of electric vehicles- Bus, Trucks and Two wheelers (with effect from 01.04.2020)

      15%

      25%

      40.

      8702, 8703, 8704, 8711

      Completely Knocked Down (CKD) forms of electric vehicles - Passenger vehicles, Three wheelers, Two wheelers, Bus and Trucks (with effect from 01.04.2020)

      10%

      15%

       

       

      Defence sector

       

       

      41.

      73,84,85,87,88,89,90,93

      Exemption from import duty for specified military equipment, when imported by Defense PSUs and other PSUs for defence forces.

      As applicable

      Nil

       

       


      Full Text:

      Budget 2020-21 + FINANCE BILL, 2020

      Topics

      ActsIncome Tax