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2022-09-17 07:35:36 By : Mr. Johnny chan

The government on Friday unveiled Budget 2019, the first Budget in Prime Minister Narendra Modi's second term. Union Finance Minister Nirmala Sitharaman, while presenting the Union Budget for 2019-20 in Parliament, said India will become a $3-trillion economy in the current year itself. “It is now the sixth largest in the world. Five years ago, it was at the 11th position. In Purchasing Power Parity terms, we are in fact, the 3rd largest economy already, only next to China and the USA," the Finance Minister said. 

            I rise to present the Budget for the year 2019-20.

106.     Mr. Speaker, Sir, I begin by thanking our taxpayers who, as responsible citizens,  perform their duty by  paying their taxes. It is because of  their  valuable contribution that our Government  is able to work for our collective dream of inclusive and all round development of our nation.  At this juncture, I find wisdom in a line from Pura Nanooru, a Tamil Sangam Era work by Pisirandaiyaar. The verse ,” Yannai pugundha nilam” was sung as an advice to the King Pandian Arivudai Nambi :

…   …   …                             

…   …   …                 

…   …   …                 

Meaning, a few mounds of rice from paddy that is harvested from a small piece of land would suffice for an elephant. But what if the elephant itself enters the field and starts eating? What it eats would be far lesser than what it would trample over !

Direct Tax      

107.     Mr. Speaker, Sir, due to slew of efforts  taken by our Government, the direct tax revenue  has significantly increased  over the past couple of years. It has increased by over 78% from ` 6.38 lakh crore  in  Financial Year 2013-14  to  around ` 11.37 lakh crore in Financial Year 2018-19. It is now growing at double digit rate every year. 

108.     Let me recall and reiterate this Government's effort over the past five years to alleviate the tax burden on small and medium income-earners. This includes self-employed as well as small traders, salary earners, and senior citizens. Only when their annual taxable income exceeds ` 5 lakh, they are required to pay any income tax. The details of our efforts and achievements on this front during the past few years are given in the Annexure.

109.     Mr Speaker, Sir, my  tax proposals  will aim to stimulate growth, incentivise affordable housing, and encourage start-ups by releasing entrepreneurial spirits. It will also be geared towards promoting digital economy.  I aim to simplify tax administration and bring greater transparency.

110.     So far as corporate tax is concerned, we continue with phased reduction in rates. Currently, the lower rate of 25 % is only applicable to companies having annual turnover up to ` 250 Crore. I propose to widen this to include all companies having  annual turnover up to ` 400 crore.  This will  cover 99.3% of the companies. Now only 0.7% of companies will remain outside this rate.

Mega Investment in Sunrise and Advanced Technology Areas

111.     In order to boost  economic growth and Make in India, the government will launch a scheme to invite global companies through a transparent competitive bidding to set up mega-manufacturing plants  in sunrise and advanced technology areas such as Semi-conductor Fabrication  (FAB),  Solar Photo Voltaic cells, Lithium storage batteries, Solar electric charging infrastructure, Computer Servers, Laptops, etc. and provide them investment linked income tax exemptions under section 35 AD of the Income Tax Act, and other indirect tax benefits.

112.     Considering our large consumer base, we  aim to leapfrog and envision  India as a global hub of  manufacturing of Electric Vehicles.  Inclusion of Solar storage batteries and charging infrastructure in the above scheme will boost our efforts. Government has already moved GST council to lower the GST rate on electric vehicles from 12% to 5%. Also to make electric vehicle affordable to consumers, our government will provide additional income tax deduction of `1.5 lakh on the interest paid on loans taken to purchase electric vehicles. This  amounts to a benefit of around `2.5 lakh over the  loan period to the taxpayers who  take loans to purchase electric vehicle.  

113.     Start-ups in India are taking firm roots and their continued growth needs to be encouraged.  To resolve the so-called ‘angel tax' issue, the start-ups and their investors who file requisite declarations and provide information in their returns will not be subjected to any kind of scrutiny in respect of   valuations of share premiums. The issue of establishing identity of the investor and source of his funds will be resolved   by putting in place a mechanism of e-verification.   With this, funds raised by start-ups will not require any kind of scrutiny from the Income Tax Department.

114.     In addition, special administrative arrangements shall be made by Central Board of Direct Taxes (CBDT) for pending assessments of start-ups and redressal of their grievances. It will be ensured that no inquiry or verification in such cases can be carried out by the Assessing Officer without obtaining approval of his supervisory officer. 

115.     At present, start-ups are not required to justify fair market value of their shares issued to certain investors including Category-I Alternative Investment Funds (AIF). I propose to extend this benefit to Category-II Alternative Investment Funds also. Therefore, valuation of shares issued to these funds shall be beyond the scope of income tax scrutiny.

116.     I also propose to relax some of the conditions for carry forward and set off of losses in the case of start-ups. I also propose to extend the period of exemption of capital gains arising from sale of residential house for investment in start-ups up to 31.3.2021 and relax certain conditions of this exemption.   

117.     For realisation of the goal of ‘Housing for All' and affordable housing, a tax holiday has already been provided on the profits earned by developers of affordable housing. Also, interest paid on housing loans is allowed as a deduction to the extent of ` 2 lakh in respect of self-occupied property. In order to provide a further impetus, I propose to allow an additional deduction of up to ` 1,50,000/- for interest paid on loans borrowed up to 31st March, 2020 for purchase of an affordable house valued up to ` 45 lakh. Therefore, a person purchasing an affordable house will now get an enhanced interest deduction up to ` 3.5 lakh. This will translate into a benefit of around ` 7 lakh to the middle class home-buyers overtheir loan period of 15 years.

118.     Non-banking financial companies play an increasingly important role in India's financial system. With the enhanced levels of regulation they are subjected to by the Reserve Bank of India, there is a need to provide greater parity in their tax treatment vis-à-vis scheduled banks. Currently, interest on certain bad or doubtful debts made by scheduled banks and other financial institutions is allowed to be offered to tax in the year in which this interest is actually received. I propose to extend this facility to deposit taking as well as systemically important non-deposit taking NBFCs also.

119.     To promote the International Financial Services Centre(IFSC) in GIFT City, series of measures have already been taken in the past by this Government.  With a view to further incentivising the IFSC, I propose to further provide several direct tax incentives to an IFSC including 100 % profit-linked deduction under section 80-LA in any ten-year block within a fifteen-year period, exemption from dividend distribution tax  from  current and accumulated income to companies and mutual funds, exemptions on capital gain to Category-III AIF and interest payment on loan taken from non-residents.

120.     I propose to give relief in levy of Securities Transaction Tax (STT) by restricting it only to the difference between settlement and strike price in case of exercise of options.

Simplification and Ease of living

121.     India's Ease of Doing Business ranking under the category of ‘paying taxes' showed a significant jump from 172 in 2017  to 121 in the 2019. I now propose to implement series of measures that will leverage technology to make compliance easier for the taxpayers.

Interchangeability of PAN and Aadhaar

122.  Mr Speaker, Sir, more than 120 Crore Indians now have Aadhaar. Therefore, for ease and convenience of tax payers, I propose to make PAN and Aadhaar interchangeable and allow those who do not have PAN to file  Income Tax  returns by simply quoting their Aadhaar number and  also use it wherever they are required to quote PAN.

123. Pre-filled tax returns will be made available to taxpayers which will contain details of salary income, capital gains from securities, bank interests, and dividends etc. and tax deductions. Information regarding these incomes will be collected from the concerned sources such as Banks, Stock exchanges, mutual funds, EPFO, State Registration Departments etc. This will not only significantly reduce the time taken to file a tax return, but will also ensure accuracy of reporting of income and taxes.

124.     The existing system of scrutiny assessments in the Income-tax Department involves a high level of personal interaction between the taxpayer and the Department, which leads to certain undesirable practices on the part of tax officials.  To eliminate such instances, and to give shape to the vision of the Hon'ble Prime Minister, a scheme of faceless assessment in electronic mode  involving no human interface is being launched this year in a phased manner. To start with, such e-assessments shall be carried out in cases requiring verification of certain specified transactions or discrepancies.

125.       Cases selected for scrutiny shall be allocated to assessment units in a random manner and notices shall be issued electronically by a Central Cell, without disclosing the name, designation or location of the Assessing Officer. The Central Cell shall be the single point of contact between the taxpayer and the Department.   This new scheme of assessment will represent a paradigm shift in the functioning of the Income Tax Department.

126.     Mr. Speaker, Sir, our Government has taken a number of initiatives in the recent past for the promotion of digital payments and less cash economy. To promote digital payments further, I propose to take a slew of measures. To discourage the practice of making business payments in cash, I propose to levy TDS of 2% on cash withdrawal exceeding ` 1 crore in a year from a bank account.  Further, there are low-cost digital modes of payment such as BHIM UPI, UPI-QR Code, Aadhaar Pay, certain Debit cards, NEFT, RTGS etc. which can be used to promote less cash economy.  I, therefore, propose that the business establishments with annual turnover more than ` 50 crore shall offer such low cost digital modes of payment to their customers and no charges or Merchant Discount Rate shall be imposed on customers as well as merchants. RBI and Banks will absorb these costs from the savings that will accrue to them on account of handling less cash as people move to these digital modes of payment.  Necessary amendments are being made in the Income Tax Act and the Payments and Settlement Systems Act, 2007 to give effect to these provisions.

127.     Mr Speaker Sir, as I have stated earlier,  we have taken several measures in the past to alleviate the tax burden on small and medium income-earners as those  having annual income up to  ` 5 lakh are not required to pay any income-tax. We are thankful to the taxpayers who play a major role in  nation building by paying  their taxes. However, in view of rising income levels,  those in the highest income brackets, need to contribute more to the Nation's development. I, therefore, propose to enhance surcharge on  individuals  having taxable income from  ` 2 crore to ` 5 crore and  ` 5 crore and above  so that effective tax rates for these two categories will increase by around 3 % and 7 % respectively.

128.     I also propose to simplify the tax law to reduce genuine hardships being caused to taxpayers which include enhancing threshold of tax for launching prosecution for non-filing of returns and exempting appropriate class of persons from the anti-abuse provisions of section 50CA and section 56 of the Income Tax Act. 

129.     Now coming to Indirect Tax, we are aware that the  landscape has changed significantly with implementation of GST. In every sense, this has been a monumental reform. Centre and States coming together and agreeing to pool in their sovereign power of taxation for common good of the country was unprecedented. 17 taxes and 13 cesses became one tax. Multitude of rates instantly became four. Almost all commodities saw rate reduction. Tens of returns were replaced by one.   Taxpayer's interface with tax departments got reduced. Border checks got eliminated. Goods started moving freely across states, which saved time and energy. A truck started doing two trips in the same time in which it was doing one. Thus, dream of one nation, one tax, one market was realised. The GST Council deserves all the credit for this.   

130.     In the initial phase GST witnessed certain teething problems. This was natural considering the scale of the reform. However, the Council, Centre and States proactively worked to resolve these issues.   GST rates have also been reduced significantly, where relief of about `92,000 crore per year has been given.  We should not lose sight of this fact while judging the performance of GST. The details are given in the annexure.

131.     We are further simplifying the GST processes. A simplified single monthly return is being rolled out. Taxpayer having annual turnover of less than   `5 crore shall file quarterly return. Free accounting software for return preparation has been made available to small businesses.  A fully automated GST refund module shall be implemented.  Multiple tax ledgers for a taxpayer shall be replaced by one.

132.     It is also proposed to move to an electronic invoice system wherein invoice details will be captured in a central system at the time of issuance. This will eventually be used to prefill the taxpayer's returns. There will be no need for a separate e-way bill. Its roll out would begin from January, 2020.    Electronic invoice system will significantly reduce the compliance burden. 

133.     On the Customs side my proposals are driven with the objectives of securing our borders, achieving higher domestic value addition through make in India, reducing import dependence, protection to MSME sector, promoting clean energy, curbing non-essential imports, and correcting inversions.

134.     Defence has an immediate requirement of modernisation and upgradation. This is a national priority. For this purpose, import of defence equipment that are not being manufactured in India are being exempted from the basic customs duty.  

135.     Make in India is a cherished goal.  In order to provide  domestic industry a level playing field, basic customs duty is being increased on items such as cashew kernels, PVC, Vinyl flooring, tiles, metal fittings, mountings for furniture, auto parts, certain kinds of synthetic rubbers, marble slabs, optical fibre cable, CCTV camera, IP camera, digital and network video recorders etc. Also, exemptions from custom duty on certain electronic items which are now being manufactured in India are being withdrawn. Further, end use based exemptions on palm stearin, fatty oils, and exemptions to various kinds of papers are also being withdrawn. To encourage domestic publishing and printing industry, 5 % custom duty is being imposed on imported books.

136.     To further promote domestic manufacturing, customs duty reductions are being proposed on certain raw materials and capital goods. These include certain inputs of CRGO sheets, amorphous alloy ribbon, ethylene di-chloride, propylene oxide, cobalt matte, naphtha, wool fibres, inputs for manufacture of artificial kidney and disposable sterilised dialyser, and fuels for nuclear power plants. To further incentivise e-mobility, customs duty is being exempted on certain parts of electric vehicles. Customs duty is also being exempted on capital goods required for manufacture of specified electronic goods.

137.     Export duty is being rationalised on raw and semi-finished leather to provide relief to this sector.

138.     Crude prices have softened from their highs. This gives me a room to review excise duty and cess on petrol and diesel. I propose to increase Special Additional Excise duty and Road and Infrastructure Cess each by one rupee a litre on petrol and diesel. It is also proposed to increase custom duty on gold and other precious metals from 10% to 12.5%.

139.     Tobacco products and crude attract National Calamity and Contingent duty. In certain cases this levy has been contested on the ground that there is no basic excise duty on these items. To address this issue, a nominal basic excise duty is being imposed.

140.     I am also proposing few amendments to the Customs Act. Recent trends reveal that certain bogus entities are resorting to unfair practices to avail undue concessions and export incentives.   While we have intensified our efforts against such nefarious activities, provisions are being incorporated in the Act for enhanced penalty and prosecution for such offences. Further, misuse of duty free scrips and drawback facility involving more than fifty lakh rupees will be a cognizable and non-bailable offence.

141.     GST has just completed two years. An area that concerns me is that we have huge pending litigations from pre-GST regime. More than ` 3.75 lakh crore is blocked in litigations in service tax and excise. There is a need to unload this baggage and allow business to move on. I, therefore, propose, a Legacy Dispute Resolution Scheme that will allow quick closure of these litigations. I would urge the trade and business to avail this opportunity and be free from legacy litigations.

142.     The details of my tax proposals  are given in the Annexure.

143.     Mr. Speaker Sir, with these words I commend the Budget to this august House.Annex to Part B of Budget Speech

1.           Widening and deepening of tax base

1.1         Deduction of tax by certain individuals or HUF: Presently, there is no requirement for an individual or HUF to deduct tax at source on payments made to a resident contractor or professional when it is for personal use, or if the individual or HUF is not subjected to audit for his business or profession. It is proposed to insert a new provision making it obligatory for such individual or HUF to deduct tax at source at the rate of five per cent. if the annual payment made to a contractor or professional exceeds Rs. 50 lakh. It is also proposed that a person deducting tax under this section shall be able to deposit TDS on the basis of the Permanent Account Number (PAN) only. It is also proposed to enable filing of application for issue of certificate for nil or lower rate of TDS.

1.2       Consideration for TDS on immovable property: It is proposed to provide that for the purpose of tax deduction at source from payment made for acquisition of immovable property, consideration shall include other charges in the nature of club membership fee, car parking fee, electricity and water facility fee, maintenance fee, advance fee or any other charges of similar nature which are incidental to the purchase of immovable property.

1.3       Gifts made to non-residents: Presently, gifts made by a resident to another resident are liable for income tax subject to some exemptions. It is proposed to provide that gift of any sum of money, or property situated in India, by a person resident in India to a person outside India (not being a gift otherwise exempt), on or after 5th day of July 2019, shall be deemed to accrue or arise in India.

1.4       Compulsory filing of return:   It is proposed to make return filing compulsory for persons, who have deposited more than Rs. 1 crore in a current account in a year, or who have expended more than Rs. 2 lakh on foreign travel or more than Rs. 1 lakh on electricity consumption in a year or who fulfils the prescribed conditions, in order to ensure that persons who enter into high value transactions also furnish return of income. It is also proposed to provide that a person whose income becomes lower than maximum amount not chargeable to tax due to claim of rollover benefit of capital gains shall also be required to furnish the return.

1.5       Interchangeability of PAN and Aadhaar: It is proposed to provide interchangeability of PAN and Aadhaar to enable a person who does not have PAN but has Aadhaar to use Aadhaar in place of PAN under the Act. The Income Tax Department shall allot PAN to such person on the basis of Aadhaar after obtaining demographic data from the Unique Identification Authority of India (UIDAI). It is also proposed to provide that a person who has already linked his Aadhaar with his PAN may at his option use Aadhaar in place of PAN under the Act.

1.6       Quoting of PAN/Aadhaar: In order to track high value transactions, it is proposed to provide that the quoting and authentication of PAN/Aadhaar shall be mandatory for certain prescribed transactions. It is also proposed to provide that the person receiving relevant documents shall ensure correct quoting and authentication of PAN/Aadhaar for the prescribed transactions. To ensure compliance of these provisions it is also proposed to amend the relevant penalty provisions.

1.7       Consequences of not linking Aadhaar with PAN: Presently, the Act provides for making PAN invalid if it is not linked with Aadhaar within a notified date. In order to protect past transactions carried out through such PAN, it is proposed to provide that if a person fails to intimate the Aadhaar number, the PAN allotted to such person shall be made inoperative in the prescribed manner after the date notified for the said linking.

1.8       Widening the scope of SFT: In order to obtain more information to enable pre-filling of returns of income, it is proposed to widen the scope of furnishing of statement of financial transactions (SFT) by mandating furnishing of statement by the prescribed persons other than those who are currently furnishing the same. It is also proposed to remove the current threshold of Rs. 50,000 for application of the provisions requiring furnishing of information, in order to ensure pre-filling of smaller amounts of transactions also. Further, for ensuring the accuracy of the information furnished, a suitable amendment to the relevant penalty provisions is also proposed.

2.         Measures for promoting less cash economy

2.1       Payment by other electronic modes: There are various provisions in the Act which prohibit cash transactions and allow or encourage payment or receipt only through account payee cheque, account payee draft or electronic clearing system through a bank account. To promote other electronic modes of payment, it is proposed to amend these provisions to also allow payment or receipt through other prescribed electronic modes.

2.2       TDS on cash withdrawal from banks: In order to discourage large amount of cash withdrawal from bank accounts, it is proposed to provide for tax deduction at source at the rate of 2% on cash withdrawal by a person in excess of Rs. 1 crore in a year from his bank account. Some business models, where large cash withdrawal is a necessity, are proposed to be exempted. It is also proposed that the Central Government may notify the persons to whom these provisions shall not be applicable in consultation with the Reserve Bank of India.

2.3       Facilities for low-cost electronic payments: For ensuring that business enterprises provide facility for making payment through low-cost electronic mode, it is proposed to insert a new section so as to provide that a business enterprise whose annual turnover exceeds Rs. 50 crore shall provide facility for prescribed low cost electronic modes of payment. For ensuring compliance, a suitable penalty provision is also proposed to be inserted in the Act.

3.         Tax Incentives

3.1       International Financial Services Centre (IFSC):In order to promote the development of world class financial infrastructure in India, some tax concessions have already been provided in respect of businesses carried on from an IFSC. To further promote such developments and bring the IFSC at par with similar IFSCs in other countries, following additional tax benefits are proposed:

(i)      Currently, a unit in the IFSC is allowed deduction of 100% of profits for first five consecutive years and 50% for next five consecutive years from the year of commencement. It is proposed to provide for 100% deduction for 10 consecutive years and also to provide that the unit may claim the said deduction, at its option, for any 10 consecutive years out of 15 years from the year of commencement.

(ii)     It is proposed to provide tax exemptions for interest received by a non-resident in respect of monies lent to a unit located in IFSC.

(iii)    A non-resident is currently not required to pay capital gains tax on the transfer of specified securities made on a recognised stock exchange in the IFSC. This benefit is proposed to be extended to a Category-III Alternative Investment Fund (AIF) in IFSC of which all the unit holders are non-residents, subject to certain other conditions.

(iv)    It is also proposed to notify other securities which shall be eligible for capital gains exemptions if traded on a recognised stock exchange in IFSC by a specified person.

(v)     Presently, dividend distribution tax (DDT) is not levied on the distribution of dividend by a company located in IFSC if the same is distributed out of current income. It is proposed to extend this benefit of exemption to distribution out of accumulated profit which has been accumulated by the unit after 1st April, 2017 from operations in IFSC.

(vi)    In order to facilitate setting up of mutual funds in the IFSC, it is proposed that there would be no additional tax on distribution of any amount, on or after 1st September, 2019, by a specified Mutual Fund out of its income derived from transactions made on a recognised stock exchange located in any IFSC.

(vii)   It is proposed to allow deduction under section 80LA to a non-resident for the purpose of computing tax liability in respect of income of the nature of interest, dividend etc. referred to in section 115A.

3.2       Incentives to certain Non-banking Financial Companies (NBFCs): Presently, interest income on bad or doubtful debts made by NBFCs is charged to tax on accrual basis. However, in cases of scheduled banks, public financial institutions, state financial corporations, state industrial investment corporations, cooperative banks and certain public companies like housing finance companies, interest on bad or doubtful debts is charged to tax on receipt basis. To provide a level playing field, it is proposed that interest on bad or doubtful debts in the case of deposit-taking NBFC and systemically important non deposit-taking NBFC shall be charged to tax on receipt basis. It is also proposed to provide that deduction of such interest shall be allowed to the payer on actual payment.  

3.3       Incentives for start-ups: The condition for carry forward and set off of losses in cases of eligible start-ups is proposed to be relaxed enabling them to carry forward their losses on satisfaction of any one of the two conditions, i.e. continuity of 51% shareholding/voting power or continuity of 100% of original shareholders. Further, the provision which allows exemption of capital gains from sale of residential property on investment of net consideration in equity shares of eligible start-up shall be extended by 2 years. Thus the benefit shall be available for sale of residential property on or before 31st March, 2021. The condition of minimum holding of 50% of share capital or voting rights in the start-up is proposed to be relaxed to 25%. The condition restricting transfer of new asset being computer or computer software is also proposed to be relaxed from the current 5 years to 3 years.

3.4       Incentives for resolution of distressed companies: In order to encourage resolution for companies whose board of directors have been suspended by National Company law Tribunal (NCLT) and new Directors have been appointed by NCLT on the recommendation of the Central Government, it is proposed that the conditions of continuity of shareholding for carry forward and set off of losses shall not apply to such companies. It is also proposed to provide that for the purposes of computation of Minimum Alternate Tax (MAT) liability of such companies, the aggregate of brought forward losses and unabsorbed depreciation shall also be allowed as deduction.

3.5       Exemption from deeming of fair market value of shares: In order to facilitate resolution through the approved schemes, where the parties to the transactions do not have control over the determination of price, it is proposed to empower the Board to prescribe transactions for which the provisions relating to deeming of fair market value of shares shall not be applied for computation of capital gains and deemed gift under section 50CA and section 56(2)(x).           

3.6       Incentive in respect of Rupee-denominated Bond (RDB): In order to contain the current account deficit and augment the foreign exchange inflow, the Government had issued a press release on 17th September, 2018 exempting interest income of non-resident from RDB issued by a company or a business trust, outside India, during the period 17th September, 2018 to 31st March, 2019. It is proposed  to incorporate this tax incentive in the Income-tax Act.

3.7      Incentives to encourage offshore funds: In 2015, the Government had enacted a specific concessional regime to facilitate location of fund managers of offshore funds in India. This was subjected to some conditions. Two of these conditions, relating to the remuneration of fund manager and the time limit for building up of corpus, are proposed to be rationalised so as to facilitate setting up of fund management activity in India with respect to such offshore funds.

3.8       Incentives to Category-II AIF: Presently, the investment made by Category-I AIF is exempted from the applicability of the provisions of section 56(2)(viib) of the Income-tax Act. It is proposed to extend this exemption to Category-II AIF as well.

3.9      Incentive to purchase electric vehicle: In order to incentivise purchase of electric vehicle by an individual, it is proposed to provide deduction of an amount uptoRs. 1,50,000 for interest paid on loan taken for purchase of electric vehicle. The loan is required to be taken on or before 31st March, 2023.

4.         Incentives for real estate

4.1       Deduction of interest for affordable housing: In order to incentivise  purchase of affordable house, it is proposed to provide a deduction upto Rs. 1,50,000 for interest paid on loan taken for purchase of residential house having value upto Rs. 45 lakh. This shall be in addition to the existing interest deduction of Rs. 2 lakh.

4.2       Alignment of definition of affordable housing with GST Acts: In order to align the definition of affordable housing in the Income-tax Act with the GST Acts, it is proposed to increase the limit of carpet area from 30 square meters to 60 square meters in Metropolitan regions and from 60 square meters to 90 square meters in non-metropolitan regions. It is also proposed to provide the limit on cost of the house at Rs. 45 lakh in line with the definition in the GST Acts.

5.         Incentives to National Pension System (NPS) subscribers

In order to give effect to the cabinet decision already taken to incentivise NPS, it is proposed to,-

6.         Preventing tax abuse

6.1       In order to discourage the practice of avoiding Dividend Distribution Tax (DDT) through buy back of shares by listed companies, it is proposed to provide that listed companies shall also be liable to pay additional tax at 20% in case of buy back of share, as is the case currently for unlisted companies.

6.2       In order to ensure that a trust or institution complies with local laws that are material for the purposes of achieving its objects, it is proposed to provide for cancellation of registration of the trust or institution under the Act for violation of such provision of any other law, where an order holding that such violation has occurred is either not contested or has become final. It is proposed to provide that at the time of registration it shall also be examined whether there has been any such violation by the trust or institution seeking registration.

7.         Rationalisation measures

7.1       It is proposed to relax the definition of ‘demerger' to allow the resulting company to record the value of the property and liabilities at a value different from the book value in compliance with the Indian Accounting Standards.

7.2       It is proposed to provide that where there is a failure to deduct tax at source on payments made to a non-resident and such non-resident has filed its tax return, paid taxes on such income and has furnished a prescribed certificate from an accountant, the deductor shall not be held as assessee in default. It is also proposed to provide that in such cases, there would not be any corresponding disallowance of expenditure in the hand of deductor.

7.3       It is proposed to clarify that once an Advance Pricing Agreement (APA) has been signed and modified return is filed by the assessee, the Assessing Officer needs to only modify the total income in accordance with the APA.

7.4       It is proposed to simplify the provisions of secondary adjustment (in case of transfer pricing) by providing that instead of interest payment every year, the assessee shall have option of a one-time payment of tax of specified amount.

7.5       It is proposed to clarify that master file needs to be filed even when there is no international transaction and that the Assessing Officer and Commissioner (Appeals) do not have power to call for master file from the assessee.

7.6       It is proposed to provide that concessional rate of short term capital gains tax shall also apply to fund of funds set up for disinvestment of Central Public Sector Enterprises (CPSEs), to which concessional rate of long term capital gains tax has already been extended.

7.7       It is proposed to allow pass through of losses in cases of Category I and II AIF similar to pass through of income which is allowed at present.

7.8       It is proposed to provide that relief for taxes paid in respect of arrears or advance of salary etc. shall be taken into consideration while calculating the amount of self-assessment tax and for computing of interest payable by the assessee.

7.9       It is proposed to provide that tax shall be withheld on taxable payout of life insurance companies on net basis at 5%, instead of 1% on gross as at present.

7.10     It is proposed to provide for determination and computation of under-reported income for penalty purposes in a case where return is furnished for the first time under section 148 of the Act.

7.11     It is proposed to amend the prosecution provision for non-filing of return of income so as to provide reference of self-assessment tax paid before the expiry of the assessment year, and tax collected at source, in the said provision and to increase the threshold of tax payable from Rs. 3,000 to Rs. 10,000, for proceeding against a person.

7.12     To enable fulfilment of our treaty obligations for providing assistance in collection of taxes, it is proposed to provide for recovery of tax in cases where details of property of a specified person is not available but the said person is a resident in India. Correspondingly, India will also be able to request similar assistance from other countries.

7.13     It is proposed to provide that every claim for refund under Chapter XIX of the Act shall be made by furnishing return in accordance with the provisions of section 139 of the Act.

7.14     It is proposed to provide for mechanism for taxation upon violation of conditions, subject to which exemption from applicability of the provisions of section 56(2)(viib) of the Act has been granted to notified persons. 

7.15     It is proposed to amend section 56(2)(viii) of the Act consequent to the substitution of section 145A vide Finance Act, 2018.

7.16     Rule 68B of the Second Schedule to the Income Tax Act, 1961 relating to time limit for sale of attached immovable property is proposed to be amended so as to extend the period of limitation from three years to seven years. It is also proposed to empower the Board to extend this period by further period of three years in appropriate cases.

7.17     To prevent fraud, it is proposed to provide for extra time for passing an order under section 201 of the Act for treating a person as assessee in default, when correction statement is filed.

7.18     It is proposed to enable e-filing of statement in respect of transactions from which tax has not been deducted and also to increase the limit of interest payment in consequence to the amendment made in section 194A.

7.19     It is proposed to provide for rationalisation of the definition of “accounting year” for alternate reporting entity which is required to file Country-by-Country report.

7.20     It is proposed to provide for online filing of application by a person making a payment to a non-resident seeking determination of tax to be deducted at source.

7.21     The provisions of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 are proposed to be amended to redefine the term “assessee”, so that it may be clarified that the residential status of the assessee, in the previous year in which the income is earned or the asset is acquired, shall be the determinative factor for charging under the said Act. A clarificatory amendment is also proposed in section 10 of the said Act in respect of reassessment. It is also proposed to provide that the Commissioner (Appeals) shall have the power to enhance a penalty and the Joint Commissioner may issue direction to the assessing officer.

7.22     Section 187 and 191 of the Finance Act, 2016 are proposed to be amended to enable payment of unpaid dues with interest and refund of excess amount paid under the Income Declaration Scheme, 2016. 

7.23     Section 99 of the Finance (No.2) Act, 2004, is proposed to be amended to provide that value of taxable securities transaction in respect of sale of an option in securities, where option is exercised, shall be the difference between the settlement price and the strike price.

7.24     It is proposed to extend the tax exemption available to the Special Undertaking of the Unit Trust of India (SUUTI) for a further period of two years till 31st March, 2021.

                                              Recent Direct Tax Initiatives:

1.         Growth in direct tax collections and number of taxpayers:   Direct tax revenue has increased significantly over the past couple of years due to the efforts taken by the Government.

1.1       From Rs. 6.38 lakh crore in FY 2013-14 to around Rs. 11.37 lakh crore in FY 2018-19, the growth in direct tax collections is more than 78%. It is now growing at double digit rates every year. The details of annual direct tax collections over the period 2013-14 to 2018-19 are given in the table below.

FOR THE PERIOD FY 2013-14 TO FY 2018-19

1.2       Moreover, due to various initiatives and taxpayer outreach programmes undertaken by the Government, the number of taxpayers has also increased by approximately 48% over the period 2013-14 to 2017-18, from 5.71 crore taxpayers to 8.44 crore taxpayers. The details of the number of taxpayers over the period 2013-14 to 2017-18 are given in the table below.

FOR THE PERIOD FY 2013-14 TO FY 2018-19

*A taxpayer is a person who either has filed a return of income or in whose case tax has been deducted but the person has not filed return of income.

Some of the major direct tax policy initiatives taken by the Government are discussed below.

2.         Moderation of tax rates: It is an ongoing endeavour of the Government to moderate the tax rate in order to reduce the tax burden and increase compliance. In this direction, following major steps have been taken:

(i)    100% tax rebate was provided to individuals having taxable income up to Rs. 5 lakh. Thus, no income-tax is payable by an individual having taxable income up to Rs. 5 lakh.

(ii)   The tax rate for corporate assessees was gradually reduced to 25% and currently, only large corporates (with turnover above Rs. 250 crore) are required to pay tax at the rate of 30%. Moreover, even a large new manufacturing company having turnover above Rs. 250 crore is taxed at 25%.

(iii)  Basic exemption limit was increased from Rs. 2 lakh to Rs. 2.5 lakh.

(iv)  Exemption limit for senior citizens was increased from Rs. 2.5 lakhs to Rs. 3 lakh.

(v)   Tax rate for the slab Rs. 2.5 to 5 lakh was reduced from 10% to 5%.

(vi)  Standard deduction of Rs. 40,000 was introduced for salaried taxpayers and pensioners and was further increased to Rs. 50,000.

(vii) Levy of wealth tax was abolished.

3.         Benefits to middle class and senior citizen taxpayers: With a view to increase savings and promote healthcare among individuals including senior citizens, several measures have been taken by this Government. Some of them are as under:

(i)    Deduction limit for savings under section 80C was increased from Rs. 1 lakh to Rs. 1.5 lakh.

(ii)   The deduction limit for medical insurance was increased from Rs. 15,000 to Rs. 25,000. For senior citizens, the deduction limit was increased from Rs. 20,000 to Rs. 50,000.

(iii)  Deduction limit for individuals with disability was increased by Rs. 25,000.

(iv)  Deduction of Rs. 50,000 was provided on interest income from deposits for senior citizens.

(v)   Deduction limit for senior citizens for medical expenditure for critical illnesses was increased from Rs. 60,000 to Rs. 1,00,000.

4.         Ease of compliance for small businesses: Small businesses constitute the backbone of our economy. In order to reduce the compliance burden of small businesses and professionals, following measures have been taken by this Government:

(i)    Threshold for presumptive taxation of businesses was raised from Rs. 1 crore to Rs. 2 crore.

(ii)   For maintenance of books of accounts by individuals and HUFs,

       (a) income threshold was raised from Rs. 1.20 lakh to Rs. 2.5 lakh; and

       (b) turnover threshold was raised from Rs. 10 Lakh to Rs. 25 Lakh.

(iii)  Presumptive taxation was introduced for professionals having receipts up to Rs. 50 lakh.

5.         Measures to incentivise affordable housing and real estate: Housing has been an area of concern for middle and lower-middle class. Further, real estate sector plays a significant role in generating employment in the economy. Considering the importance of housing sector, this Government has taken the following measures to promote this sector:

(i)         Deduction of interest on loan taken to purchase self-occupied house property was increased from Rs. 1.5 lakh to Rs. 2 lakh.

(ii)        100% deduction was provided for the income of affordable housing projects.

(iii)       The base year for computation of long term capital gains was shifted from 1981 to 2001.

(iv)       Holding period for long-term gain on immovable property was reduced from 36 months to 24 months.

(v)        Safe harbour of 5% on stamp duty value was provided for the purpose of computation of capital gains on immovable property.

6.         Measures to promote growth and employment generation: Tax policy plays an important role in promoting the growth and creation of employment. A number of measures have been taken by this Government in this direction, some of which are as under:

(i)    Profit-linked deduction was introduced for start-ups.

(ii)   The scope of investment-linked deduction was broadened by including certain new sectors, including infrastructure, which are critical to growth.

(iii)  Investment allowance and higher additional depreciation was provided for undertakings set up in backward regions of states of Andhra Pradesh, Bihar, Telangana and West Bengal.

(iv)  Incentive for employment generation was broadened and the conditions for eligibility to claim the incentive were relaxed.

(v)   Benefit was provided for computation of MAT liability and carry forward of loss for companies under Insolvency and Bankruptcy Code (IBC).

(v)   Safe Harbour provisions were further liberalised to align with industry standards.

(vi)   Scope of domestic transfer pricing provisions was restricted only for transactions between enterprises having profit-linked deductions.

(vii)      Pass through status was provided to Category I & II Alternative Investment Funds (AIFs).

(viii)     The time period for carry forward of MAT credit was increased from 10 to 15 years.

7.         Measures to curb black money and promote a less-cash economy: Black money eats into the vitals of our economy. It is the conviction of the Government that elimination of poverty and inequity in our society cannot be achieved unless the problem of generation and concealment of black money is dealt with forcefully and effectively.

7.1       To this end, the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 was introduced to address the problem of concealed foreign assets. To target domestic black money, the Benami law was comprehensively amended to enable confiscation of benami property and provide for prosecution, thus blocking a major avenue for generation and holding of black money in the form of Benami property, especially in real estate.

7.2       One of the most effective ways to deal with the generation of black money is to reduce the level of cash transactions in the economy. In furtherance of this objective of ushering in a less cash economy, the government took a slew of measures, the major ones being as under:

(i)     Acceptance of cash payment of Rs. 20,000 or more for immovable property transaction was prohibited.

(ii)    Cash transaction limit for business transactions was reduced.

(iii)   The threshold for cash donation to charitable trusts was reduced from Rs. 10,000 to Rs. 2,000.

(iv)   Threshold of Rs. 2,000 was introduced for acceptance of cash donation by political parties.

(v)    Profit rate for non-cash transactions in presumptive regime for businesses was reduced from 8% to 6%.

(vi)   Any cash transaction of Rs. 2,00,000 or more was prohibited.

Chapter/ heading/ sub-heading / Tariff Item

Incentivizing domestic value addition, ‘Make in India'

Reduction in Customs duty on inputs and raw materials to reduce costs

Raw materials used in manufacture of Preform of Silica: -

Steel and other base metals

Inputs for themanufacture of CRGO steel: -

Cobalt mattes and other intermediate products of cobalt metallurgy

Capital goods used for manufacturing of following electronic items, namely-

Changes in Customs duty to provide level playing field to domestic industry

Rs. 60 per kg or 45% whichever is higher

Rs. 75 per kg or 45% whichever is higher

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 oleochemicals and soap

Floor cover of plastics, Wall or ceiling coverings of plastics

Chlorobutyl rubber or bromobutyl rubber

Printed books (including covers for printed books) and printed manuals

Water blocking tapes for manufacture of optical fiber cables

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

Steel  and base metal products

Wire of other alloy steel (other than INVAR)

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

Indoor and outdoor unit of split system air conditioner

Stone crushing (cone type) plants for the construction of roads

Charger/ power adapter of CCTV camera/ IP camera and DVR / NVR

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

CCTV camera and IP camera

Optical Fibres, optical fibre bundles and cables

Friction material and articles thereof etc.

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

Locks of a kind used in motor vehicles

Oil or petrol filters for internal combustion engines

Intake air filters for internal combustion engines

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

Other visual or sound signalling equipment for bicycle and motor vehicle

Parts of visual or sound signaling equipment, windscreen wipers, defrosters and demisters of a kind used in cycles or motor vehicles

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

Completely Built Unit (CBU) of vehicles

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

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

Reducing customs duty to promote electrical mobility

Parts for exclusive use Electric vehicles -

Changes in Customs duty to address the problem of duty inversion in certain sectors

Raw material, parts or accessories  for use manufacture of artificial kidneys, disposable sterilized dialyzer and micro-barrier of artificial kidney

Reduction in customs duty to promote renewable energy

All forms of Uranium ores and concentrates, for generation of nuclear power

Uranium enriched in U-235 or its compounds, plutonium and its compounds, mixtures etc. for generation of nuclear power

All goods required for setting up of Nuclear power plant under project imports: -

Specified electronic goods such as switches, sockets, plugs, connectors, relays etc. 

Capital goods used for manufacturing of specified electronic items, namely-

Export Promotion for sports goods

Foam/ EVA foam  and pine wood are being included in the list of item allowed duty free import upto 3% of FOB value of sports goods exported in the preceding financial year

Reduction in customs duty  for Defence sector

Specified Military equipment and their parts imported by Ministry of Defence or Armed forces

Silver (including silver plated with gold or platinum) unwrought or in semi-manufactured forms, or in powder form

Silver dore bar, having silver content not exceeding 95%

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

Gold (including gold plated with platinum) unwrought or in semi-manufactured forms, or in powder form

Gold dore bar,  having gold content not exceeding 95%

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

Platinum, unwrought or in semi-manufactured forms, or in powder form [ other than Rhodium]

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

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.

Gold and Silver imported by an eligible passenger as baggage

Road and infrastructure cess (customs)

Motor spirit commonly known as petrol, High speed diesel oil

Chapter/heading/sub-heading/ Tariff Item

Hides, skins and leathers tanned and untanned, all sorts

Amendment in the Customs Tariff Act, 1975

Amendment to the section 9 so as to insert sub-section (1A) to provide for anti-circumvention measure in respect of countervailing duty.

Amendment to section 9C of the Customs Tariff Act, 1975 so as to provide appeal provisions against determination of safeguard duties to allow appeal against determination of safeguard duty by designated authority with CESTAT.

Amendment in the First Schedule of the  Customs Tariff Act, 1975

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

Amendment in Chapter Notes to Chapter 98, so as to exclude Printed books imported for personal use from the purview of Chapter 98. Printed books imported for personal use will now attract applicable duty.

4.         MAJOR AMENDMENTS IN THE CUSTOMS ACT, 1962

Allowing furnishing of departure manifest by a  person notified by the Central Government [ section 41].

Introducing provisions for verification of Aadhar or any other identity and other compliance by a person for protecting the interests of revenue or to prevent smuggling [New section 99B]

Provision to enable the proper officer to scan or screen, with the prior approval, any person who has any goods liable to confiscation secreted inside his body and to enable the magistrate to take action upon the report of scanning by the proper officer [Section 103].

Empowering proper officer of customs to  arrest a person who has committed an offence outside India or Indian Customs waters and to make certain offences as cognizable and non-bailable [section 104]

(a) Empowering the proper officer to provisionally attach any bank account for safeguarding the government revenue and prevention of smuggling [section110].

(b) Providing powers to release bank account provisionally attached under section 110 on fulfilment of certain conditions [ section 110A].

Provide for penalty on any person who has obtained any instrument by fraud, collusion , wilful misstatement or suppression of facts which is utilised for payment of duty [New section 114 AB]

Provide for making the offence punishable  if the instrument obtained by  fraud, collusion, wilful misstatement or suppression of facts, is used for making payment of duty exceeding 50 lakh rupees [section 135]

Providing for that in respect of cases covered under deemed closure proceedings under section 28, no fine in lieu of confiscation shall be imposed on the infringing goods [section 125].

5.  PROPOSALS INVOLVING CHANGE IN EXCISE DUTY RATES:

Other than filter cigarettes, of length not exceeding 65 millimetres

Other than filter cigarettes, of length exceeding 65 millimetres but not exceeding 70 millimetres

Filter cigarettes of length (including the length of the filter, the length of filter being 11 millimetres or its actual length, whichever is more) not exceeding 65 millimetres

Filter cigarettes of length (including the length of the filter, the length of filter being 11 millimetres or its actual length, whichever is more) exceeding 65 millimetres but not exceeding 70 millimetres

Filter cigarettes of length (including the length of the filter, the length of filter being 11 millimetres or its actual length, whichever is more) exceeding 70 millimetres but not exceeding 75 millimetres

Smoking mixtures for pipes and cigarettes

Other than paper rolled biris, manufactured without the aid of machine

Other (manufactured tobacco and substitutes)

Motor spirit commonly known as petrol

Motor spirit commonly known as petrol, High speed diesel oil

Note: “Basic Excise Duty” means the excise duty set forth in the Fourth Schedule to the Central Excise Act, 1944.

“NCCD” means National Calamity Contingency Duty set forth in seventh schedule to Finance Act, 2001

                   6. Sabka Vishwas Legacy Dispute Resolution Scheme

A dispute resolution cum amnesty scheme called “the Sabka Vishwas Legacy Dispute Resolution Scheme, 2019” is being introduced for resolution and settlement of legacy cases of Central Excise and Service Tax. 

The proposed Scheme covers past disputes of taxes which have got subsumed in GST namely Central Excise, Service Tax and Cesses. All persons are eligible to avail the scheme except a few exclusions including as those convicted under the act in the case for which he intends to make declaration and those who have filed an application before the Settlement Commission.

The relief under the scheme varies from forty percent to seventy percent of the tax dues for cases other than voluntary disclosure cases, depending on the amount of tax dues involved. The scheme also provides relief from payment of interest and penalty. For voluntary disclosures, the relief is regarding waiver of interest and penalty on payment of full tax dues disclosed. The person discharged under the scheme shall also not be liable for prosecution. 

The Scheme provides for method of payment of tax dues, arrears and restrictions regarding the manner of payment etc. The Scheme shall become available from a date to be notified. The procedural details and rules regarding the Scheme shall be notified in due course.  

7. PROPOSALS INVOLVING CHANGE IN GOODS AND SERVICE TAX PROVISIONS :

Amendments in the Central Goods and Service Tax, 2017

For facilitating trade or consumer

Providing for a composition scheme for supplier of services or mixed suppliers (not eligible for the earlier composition scheme) having an annual turnover of upto Rs 50 lakhs in preceding financial year. [section10 ]

Enhancing the threshold exemption limit from Rs. 20 lakhs to an amount exceeding Rs. 40 lakhs for a supplier of goods [section 22].

Providing for furnishing return on annual basis  and quarterly payment of taxes by a composition dealer [section 39]

Prescribing  that specified suppliers shall have to mandatorily give the option of specified modes of electronic payment to their recipients [New section 31A].

Empower the Commissioner to extend the due date for furnishing of

Providing facility to the registered person to transfer an amount from one head to another head in the electronic cash ledger [section 49]

Providing for charging  interest only on the net cash tax liability [section 50]

Enable the Central Government to disburse refund amount of state taxes to the taxpayers [section 54]

Providing for constitution, qualification, appointment, tenure, conditions of services of the National Appellate Authority for Advance Ruling and the procedures for filing of appeals and rectification of orders. To empower the National Appellate authority at par with civil courts [sections 95, 101A, 101B, 101C, 102, 103,104,105, 106]

Prescribing mandatory Aadhaar authentication for specified class of existing/new taxpayers [section 25]

Empowering the National Anti-profiteering Authority to impose penalty equivalent to 10% of the profiteered amount [section 171]

The proposed changes in GST law shall come into effect from a date to be notified after the respective SGST Acts are also amended by the States.

MAJOR RATE REDUCTIONS IN GST RATES AFTER THE ROLL OUT OF GST

(from 1st July, 2017 till 30th June, 2019)

The GST rate reductions, since 1.7.2017, in broad grouping of goods and services are as follows:

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thread of manmade staple fibres

I.          28% to 18%

 II.        18% to 12%

III.        18% to 5% (*5% without ITC) –

IV.        Special package for real estate sector –

V.         Exemption

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