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    ManualsIncome Tax
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    Retention money recognition as revenue requires reasonable certainty of ultimate collection under ICDS on construction contracts.
    Retention money, as part of overall contract revenue under the ICDS on construction contracts, shall be recognised as revenue only when the contingency tied to performance is satisfied or there is reasonable certainty of its ultimate collection.
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    Inventory recording requirement under ICDS II now mandates service providers to maintain inventories and disclose valuation for tax purposes.
    Service providers are required to maintain records of inventories under the ICDS II standard on valuation of inventories, extending mandatory inventory recognition, valuation and disclosure obligations to entities providing services for purposes of income computation.
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    Valuation of Inventories: ICDS II applies to traders and dealers of primary commodities while excluding producers.
    ICDS II governs valuation of inventories for income computation and disclosure. The standard is excluded for a producer of primary goods like livestock, agricultural and forest products, mineral oils, ores and gases, but it applies to persons who trade or deal in those commodities; therefore the producer/dealer distinction determines whether ICDS II applies.
    ManualsIncome Tax
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    ICDS II valuation excluded for closely held company shares when ICDS VIII classifies them as securities outside its scope.
    Shares of a company in which the public are not substantially interested are excluded from ICDS II valuation even if held as inventory, because ICDS VIII's definition of securities expressly includes such shares, placing them outside ICDS II's scope.
    ManualsIncome Tax
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    ICDS II applicability to derivatives: derivatives held as inventory fall under ICDS II because securities exclusion applies.
    Where an assessee holds derivatives as part of inventory, the valuation and related provisions of ICDS II apply because the definition of securities in ICDS VIII expressly excludes derivatives, so such instruments are governed by the inventory valuation standard rather than the securities disclosure regime.
    ManualsIncome Tax
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    Disclosure of accounting policies: ICDS requires taxpayers to disclose net ICDS effect in returns and tax audit report.
    ICDS I mandates disclosure of significant accounting policies and requires the net effect on taxable income from application of ICDS to be disclosed in the Return of Income; ICDS disclosures are to be made in the tax audit report in Form 3CD, with no separate disclosure requirement for persons not liable to tax audit.
    ManualsIncome Tax
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    Marked-to-market gain recognition: ICDS I's non-recognition rule for MTM loss applies equally to gains.
    Recognition of marked-to-market losses or expected loss is disallowed under ICDS I unless permitted by other ICDS provisions; the same conditional rule applies mutatis mutandis to recognition of marked-to-market gains or expected profit, so gains or anticipated income may not be recognised for income computation unless another ICDS expressly authorises recognition.
    ManualsIncome Tax
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    Accounting Policies: treat ICDS I as computation policies affecting taxable income computation, not books of account.
    ICDS I should be read as prescribing computation policies for taxable income so that accrual, going concern, consistency, substance over form and non recognition of mark to market losses apply to income computation under business or other sources, and the disclosure requirement concerns the policies used in computing income rather than the policies used for maintaining books of account.
    ManualsIncome Tax
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    Interpretation of undefined tax terms: ICDS provisions generally govern unless declared ultra vires by a competent authority.
    Where a term in the ICDS coincides with terminology in Accounting Standards, the AS interpretation generally applies; where no AS analogue exists, judicial tax-law interpretations ordinarily govern. If a current ICDS provision conflicts with earlier AS or judicial interpretations, the ICDS provision will prevail for tax computation and disclosure unless declared ultra vires by a competent court or authority.
    ManualsIncome Tax
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    ICDS applicability: ICDS do not apply to MAT on book profit but apply to AMT on adjusted total income.
    ICDS do not apply to MAT because MAT is computed on book profit as per the Profit and Loss Account under company law, with specific statutory adjustments; ICDS are not incorporated into that book profit basis. ICDS apply to AMT because AMT is calculated on adjusted total income derived from total income determined under the regular tax provisions, and ICDS affect that regular computation.
    ManualsIncome Tax
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    Income Computation standards: specific tax-rule provisions prevail over general ICDS when the two provisions conflict.
    ICDS are subordinate general principles for computing income and do not override specific provisions of the Income-tax Rules; where a specific rule governs a particular circumstance, that rule prevails over any inconsistent ICDS guidance.
    ManualsIncome Tax
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    ICDS applicability may govern specified transactional tax issues, raising whether prior judicial precedents remain operative.
    The ICDS, notified under section 145(2), are intended to standardise computation of business and other income for the transactional issues they address and apply to assessment years following notification. They were framed after reviewing judicial views to supply authoritative guidance where earlier judicial decisions arose without statutory standards; nevertheless, some ICDS provisions may conflict with those precedents, posing a question about which authority should prevail.
    ManualsIncome Tax
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    ICDS application: accounting standards govern business income computation for exempt trusts, triggering ICDS when commercial books are maintained.
    ICDS do not apply to the standalone computation of exemption for charitable entities based on the commercial concept of income; however, when income is taxed under the regular heads, ICDS apply to income classified under Profits and Gains of Business or Profession and Income from Other Sources if books are kept on the mercantile system. If a trust carries on incidental business with separate books, business income must be computed on a commercial basis and ICDS apply to that business income despite entitlement to charitable exemption.
    ManualsIncome Tax
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    Applicability of ICDS may indirectly determine whether TDS provisions apply by altering gross receipts/turnover calculations.
    ICDS influence the computation of gross receipts/turnover used to determine whether statutory TDS provisions apply; while ICDS govern income computation and not TDS rules, their application to receipts can indirectly change whether individuals, HUFs or presumptive taxpayers cross the turnover benchmarks that attract TDS obligations.
    ManualsIncome Tax
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    ICDS applicability: applies to taxable income computation under business or other income irrespective of Ind AS adoption.
    For computing taxable income under the heads Profits and Gains of Business or Profession and Income from Other Sources, ICDS provisions govern determination of income irrespective of whether an entity follows erstwhile Accounting Standards or Ind AS for financial reporting; companies adopting Ind AS must apply ICDS adjustments when computing taxable income under those heads.
    ManualsIncome Tax
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    ICDS applicability clarified: sector-specific provisions and statutory overrides determine application to banks, insurers and financial firms.
    ICDS apply generally for income computation unless an ICDS contains sector-specific provisions or the substantive law provides a special regime; ICDS VIII addresses banks and certain financial institutions, while statutory and regulatory accounting requirements for insurance business prevail over general ICDS provisions.
    ManualsIncome Tax
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    ICDS applicability to non-residents ensures income is determined under ICDS before flat-rate tax treatment on passive receipts.
    ICDS applies to non-resident income taxed at a flat rate-such as interest, royalty and fees for technical services-because the flat tax is applied after determination of income, so Income Computation and Disclosure Standards govern measurement and recognition for computing taxable income.
    ManualsIncome Tax
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    Change of accounting method: an assessee may adopt cash basis if the change is bona fide and consistently applied thereafter.
    An assessee may change the method of accounting from mercantile to cash basis if the change is bona fide and is followed regularly thereafter; such a change is distinct from a change in accounting policy and must be consistently applied to support proper income computation and disclosure.
    ManualsIncome Tax
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    ICDS revenue recognition applies to presumptive tax schemes computing income from gross receipts or turnover.
    ICDS on revenue recognition applies to taxpayers under presumptive tax schemes when such schemes compute income by reference to gross receipts, turnover or similar revenue measures; absent an express exclusion, ICDS principles govern the computation of those receipts or turnover for income-tax computation and disclosure.
    ManualsIncome Tax
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    Accounting method application: ICDS governs sources using the mercantile system but not sources accounted on a cash basis.
    ICDS applies at the source level: it governs only those sources where the assessee follows the mercantile (accrual) system of accounting and does not apply to sources maintained on the cash system, a distinction intended to prevent escapement of income caused by heterogeneous accounting across an assessee's activities.

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      OTHER PROPOSALS INVOLVING CHANGES IN BASIC CUSTOMS DUTY RATES IN RESPECTIVE NOTIFICATIONS [with effect from 2.2.2021, unless specified otherwise]

      1 February, 2021

      Contents
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      Budget 2021-22 + FINANCE Bill, 2021

      OTHER PROPOSALS INVOLVING CHANGES IN BASIC CUSTOMS DUTY RATES IN RESPECTIVE NOTIFICATIONS [with effect from 2.2.2021, unless specified otherwise]

      S. No

      Chapter, Heading, sub- heading, tariff item

      Commodity

      From

      To

       

       

      Agricultural Products and By Products

       

       

      1.

      2207 20 00

      Denatured Ethyl Alcohol (ethanol) for use in manufacture of excisable goods

      2.5%

      5%

      2.

      23

      All goods except dog and cat food and shrimp larvae feed

      Nil/ 5%/

      10%/

      15%/

      20%/

      30%

      15%

       

       

      Minerals

       

       

      3.

      2528

      Natural borates and concentrates thereof

      Nil/5%

      2.5%

        

      Fuels, Chemicals and Plastics

        

      3.

      2710

      Naphtha

      4%

      2.5%

      5.

      2907 23 00

      Bis-phenol A

      Nil

      7.5%

      6.

      2910 30 00

      Epichlorohydrin

      2.5%

      7.5%

      7.

      2933 71 00

      Caprolactam

      7.5%

      5%

      8.

      3907 40 00

      Polycarbonates

      5%

      7.5%

      9.

      3908

      Nylon chips

      7.5%

      5%

      10.

      3920 99 99

      Other plates, sheets, films, etc. of other plastics

      10%

      15%

        

      Leather

        

      11

      41

      Wet blue chrome tanned leather, crust leather, finished leather of all kinds, including splits and sides of the aforesaid

      Nil

      10%

        

      Textiles

        

      12.

      5002

      Raw Silk (not thrown)

      10%

      15%

      13.

      5004, 5005,

      5006

      Silk yarn, yarn spun from silk waste (whether or not put up for retail sale)

      10%

      15%

      14.

      5201

      Raw Cotton

      Nil

      5% +

      5% AIDC*

      15.

      5202

      Cotton waste (including yarn waste or garneted stock)

      Nil

      10%

      16.

      5402, 5403,

      5404, 5405

      00 00, 5406,

      5501 to 5510

      Nylon Fibre and Yarn

      7.5%

      5%

        

      Gems and Jewellery Sector

        

      17.

      7106

      Silver

      12.5.%

      7.5%+

      2.5% AIDC*

      18.

      7106

      Silver Dore

      11%

      6.1% +

      2.5%

      AIDC*

      19.

      7108

      Gold

      12.5%

      7.5%+

      2.5% AIDC*

      20.

      7108

      Gold Dore

      11.85%

      6.9%+

      2.5% AIDC*

      21.

      7107 00 00,

      7109 00 00,

      7111 00 00

      Base metals or precious metals clad with precious metals

      12.5%

      10%

      22.

      7110

      Other precious metals like Platinum, Palladium, etc.

      12.5%

      10%

      23.

      7112

      Waste and scrap of precious metals or metals clad with precious metals

      12.5%

      10%

      24.

      7112

      Spent catalyst or ash containing precious metals

      11.85%

      9.17%

      25.

      7113

      Gold or Silver Findings

      20%

      10%

      26.

      7118

      Coin

      12.5%

      10%

       

       

      Metals

       

       

      27.

      7204

      Iron and steel scrap, including stainless steel scrap [up to 31.03.2022]

      2.5%

      Nil

      28.

      7206 and

      7207

      Primary/Semi-finished products of non-alloy steel

      10%

      7.5%

      29.

      7208, 7209,

      7210, 7211,

      7212, 7225

      (except 7225

      11 00) and

      7226 (except

      7226 11 00)

      Flat products of non-alloy and alloy steel

      10%

      /12.5%

      7.5%

      30.

      7213, 7214,

      7215, 7216,

      7217, 7221,

      7222, 7223,

      7227 and

      7228

      Long product of non-alloy, stainless and alloy steel

      10%

      7.5%

      31.

      7225

      Raw materials for use in manufacture of CRGO steel [up to 31.03.2023]

      2.5%

      Nil

      32.

      7404

      Copper Scrap

      5%

      2.5%

      33.

      7318

      Screw, bolts, nuts, etc. of iron and steel

      10%

      15%

       

       

      Capital Goods

       

       

      34.

      8430

      Tunnel boring machines

      Nil

      7.5%

      35.

      8431

      Parts and components for manufacture of tunnel boring machines with actual-user condition IT,

      Nil

      2.5%

       

       

       

      Electronics and Renewable

       

       

      36.

      8544 (other

      than 8544 70

      and 8544 30

      00)

      Specified insulated wires and cables

      7.5%

      10%

      37.

      39, 74 and

      85

      Former, bases, bobbins, brackets; CP wires; P.B.T.; Phenol resin moulding powder; Lamination/ El silicon steel strips for use in manufacture of transformers (entry at S.No. 198 of 25/1999- Customs)

      Nil

      Applica ble rate

      38.

      Any Chapter

      Inputs or parts for manufacture of Printed Circuit Board Assembly (PCBA) of cellular mobile phone

      (w.e.f. 1.4.2021)

      Nil

      2.5%

      39.

      Any Chapter

      Inputs or parts for manufacture of camera module of cellular mobile phone

      (w.e.f. 1.4.2021)

      Nil

      2.5%

      40.

      Any Chapter

      Inputs or parts for manufacture of connectors of cellular mobile phone

      (w.e.f. 1.4.2021)

      Nil

      2.5%

      41.

      Any Chapter

      Inputs or raw material for manufacture of specified parts like back cover, side keys etc. of cellular mobile phone

      (w.e.f. 1.4.2021)

      Nil

      2.5%

      42.

      Any Chapter

      Inputs or raw material (other than PCBA and moulded plastics) for manufacture of charger or adapter of cellular mobile phones

      Nil

      10%

      43.

      8504 90 90

      or

      3926 90 99

      Moulded plastics for manufacture of charger or adapter

      10%

      15%

      44.

      Any Chapter

      Inputs or parts of Printed Circuit Board Assembly of charger or adapter of cellular mobile phones

      Nil

      10%

      45.

      Any Chapter

      Inputs or parts of Moulded Plastic of charger or adapter of cellular mobile phones

      Nil

      10%

      46.

      Any Chapter

      Inputs or raw materials (other than Lithium-ion cell and PCBA) of Lithium-ion battery or battery pack

      (w.e.f. 1.4.2021)

      Nil

      2.5%

      47.

      Any Chapter

      Parts or components of PCBA of Lithium-ion battery or battery pack

      (w.e.f. 1.4.2021)

      Nil

      2.5%

      48.

      Any Chapter

      Inputs or raw materials of following goods: -

      1. Other machines capable of connecting to an automatic data processing machine or to a network (8443 32 90)
      2. Ink cartridges, with print head assembly (8443 99 51)
      3. Ink cartridges, without print head assembly (8443 99 52)

      (iv)Ink spray nozzle (8443 99 53) (w.e.f. 1.4.2021)

      Nil

      2.5%

      49.

      Any Chapter

      Inputs and parts of LED lights or fixtures including LED Lamps

      5%

      10%

      50.

      Any Chapter

      Inputs for use in the manufacture of LED driver or MCPCB (Metal Core Printed Circuit Board) for LED lights or fixtures including LED Lamps

      5%

      10%

      51.

      9405 50 40

      Solar lanterns or solar lamps

      5%

      15%

      52.

      8504 40

      Solar Inverters

      5%

      20%

      53.

      9503

      Parts of Electronic Toys for manufacture of electronic toys Aviation Sector

      5%

      15%

      54.

      Any Chapter

      Components or parts, including engines, for manufacture of aircrafts or parts of such aircrafts, by Public Sector Units under Ministry of Defence subject to condition specified.

      Medical devices

      2.5%

      0%

       

      55.

      9018-9022

      Medical Devices imported by International Organization and Diplomatic Missions

      Health Cess @ 5%

      Health Cess @ Nil

        

      Goods imported under Project Import Scheme

        

      56.

      9801

      High Speed Rail Projects being brought under project imports

      Applicable Rate

      5%

      57.

      8714 91 00,

      8714 92,

      8714 93,

      8714 94 00,

      8714 95,

      8714 96 00,

      8714 99

      All goods other than Bicycle parts and components

      10%

      15%

      * Agriculture Infrastructure and Development Cess

       


       

      Full Text:

      Budget 2021-22 + FINANCE Bill, 2021

      Topics

      ActsIncome Tax