FINANCE ACT,
2020
Preamble
- FINANCE ACT, 2020
THE
FINANCE ACT, 2020
[Act
No. 12 of 2020]
[27th
March, 2020]
PREAMBLE
An Act to give effect to the financial
proposals of the Central Government for the financial year 2020-2021.
Be it enacted by Parliament in the
Seventy-first Year of the Republic of India as follows:--
Section 1 - Short title and commencement
(1)
This
Act may be called the Finance Act, 2020.
(2)
Save
as otherwise provided in this Act,--
(3)
sections
2 to 104 shall come into force on the 1st day of April, 2020;
(4)
sections [1][118
to 131 and section 134] shall come into force on such date as the Central
Government may, by notification in the Official Gazette, appoint.
Section 2 - Income-tax
(1)
Subject
to the provisions of sub-sections (2) and (3), for the assessment year
commencing on the 1st day of April, 2020, income-tax shall be charged at the
rates specified in Part I of the First Schedule and such tax shall be increased
by a surcharge, for the purposes of the Union, calculated in each case in the
manner provided therein.
(2)
In
the cases to which
(a)
the
net agricultural income shall be taken into account, in the manner provided in
clause (b) [that is to say, as if the net agricultural income were comprised in
the total income after the first two lakh fifty thousand rupees of the total
income but without being liable to tax], only for the purpose of charging
income-tax in respect of the total income; and
(b)
the
income-tax chargeable shall be calculated as follows:--
(c)
the
total income and the net agricultural income shall be aggregated and the amount
of income-tax shall be determined in respect of the aggregate income at the
rates specified in the said
(d)
the
net agricultural income shall be increased by a sum of two lakh fifty thousand
rupees, and the amount of income-tax shall be determined in respect of the net
agricultural income as so increased at the rates specified in the said Paragraph
A, as if the net agricultural income as so increased were the total income;
(e)
the
amount of income-tax determined in accordance with sub-clause (i) shall be
reduced by the amount of income-tax determined in accordance with sub-clause
(ii) and the sum so arrived at shall be the income-tax in respect of the total
income:
Provided that in the
case of every individual, being a resident in India, who is of the age of sixty
years or more but less than eighty years at any time during the previous year,
referred to in item (II) of
Provided further that
in the case of every individual, being a resident in India, who is of the age
of eighty years or more at any time during the previous year, referred to in
item (III) of
(3)
In
cases to which the provisions of Chapter XII or Chapter XII-A or Section 115JB or Section 115JC or
Chapter XII-FA or Chapter XII-FB or sub-section (1A) of Section 161 or Section 164 or Section 164A or Section 167B of
the Income-tax Act, 1961 (43 of 1961) (hereinafter referred to as the
Income-tax Act) apply, the tax chargeable shall be determined as provided in
that Chapter or that section, and with reference to the rates imposed by
sub-section (1) or the rates as specified in that Chapter or section, as the
case may be:
Provided that the
amount of income-tax computed in accordance with the provisions of Section 111A or Section 112 or Section 112A of
the Income-tax Act shall be increased by a surcharge, for the purposes of the
Union, as provided in
Provided further that
in respect of any income chargeable to tax under Section 115A, 115AB, 115AC, 115ACA, 115AD, 115B, 115BA, 115BB, 115BBA, 115BBC, 115BBD, 115BBDA, 115BBF, 115BBG, 115E, 115JB or 115JC of
the Income-tax Act, the amount of income-tax computed under this sub-section
shall be increased by a surcharge, for the purposes of the Union, calculated,--
(a)
in
the case of every individual or Hindu undivided family or association of
persons or body of individuals, whether incorporated or not, or every
artificial juridical person referred to in sub-clause (vii) of clause (31)
of Section 2 of
the Income-tax Act, not having any income under Section 115AD of
the Income-tax Act,--
(b)
having
a total income exceeding fifty lakh rupees but not exceeding one crore rupees,
at the rate of ten per cent. of such income-tax;
(c)
having
a total income exceeding one crore rupees, but not exceeding two crore rupees,
at the rate of fifteen per cent. of such income-tax;
(d)
having
a total income exceeding two crore rupees but not exceeding five crore rupees,
at the rate of twenty-five per cent. of such income-tax; and
(e)
having
a total income exceeding five crore rupees, at the rate of thirty-seven per
cent. of such income-tax;
(4)
in
the case of individual or every association of persons or body of individuals,
whether incorporated or not, or every artificial juridical person referred to
in sub-clause (vii) of clause (31) of Section 2 of
the Income-tax Act, having income under Section 115AD of
the Income-tax Act,--
(i)
having
a total income exceeding fifty lakh rupees but not exceeding one crore rupees,
at the rate of ten per cent. of such income-tax;
(ii)
having
a total income exceeding one crore rupees but not exceeding two crore rupees,
at the rate of fifteen per cent. of such income-tax;
(iii)
having
a total income [excluding the income of the nature referred to in clause (b) of
sub-section (1) of Section
115AD of the Income-tax Act] exceeding
two crore rupees but not exceeding five crore rupees, at the rate of
twenty-five per cent. of such income-tax;
(iv)
having
a total income [excluding the income of the nature referred to in clause (b) of
sub-section (1) of Section
115AD of the Income-tax Act] exceeding
five crore rupees, at the rate of thirty-seven percent of such income-tax; and
(v)
having
a total income [including the income of the nature referred to in clause (b) of
sub-section (1) of Section
115AD of the Income-tax Act] exceeding
two crore rupees but is not covered in sub-clauses (iii) and (iv), at the rate
of fifteen per cent. of such income-tax:
Provided that in case
where the total income includes any income chargeable under clause (b) of
sub-section (1) of Section
115AD of the Income-tax Act, the rate
of surcharge on the income-tax calculated on that part of income shall not
exceed fifteen per cent.;
(vi)
in
the case of every co-operative society or firm or local authority, at the rate
of twelve per cent. of such income-tax, where the total income exceeds one
crore rupees;
(vii)
in
the case of every domestic company except such domestic company whose income is
chargeable to tax under Section
115BAA or Section 115BAB of
the Income-tax Act,--
(viii)
at
the rate of seven per cent. of such income-tax, where the total income exceeds
one crore rupees but does not exceed ten crore rupees;
(ix)
at
the rate of twelve per cent. of such income-tax, where the total income exceeds
ten crore rupees;
(x)
in
the case of every company, other than a domestic company,--
(xi)
at
the rate of two per cent. of such income-tax, where the total income exceeds
one crore rupees but does not exceed ten crore rupees;
(xii)
at
the rate of five per cent. of such income-tax, where the total income exceeds
ten crore rupees:
Provided also that in
the case of persons mentioned in (a) and (aa) above, having total income
chargeable to tax under Section
115JC of the Income-tax Act, and such
income exceeds,--
(xiii)
fifty
lakh rupees but does not exceed one crore rupees, the total amount payable as
income-tax and surcharge thereon shall not exceed the total amount payable as
income-tax on a total income of fifty lakh rupees by more than the amount of
income that exceeds fifty lakh rupees;
(xiv) one crore rupees but
does not exceed two crore rupees, the total amount payable as income-tax and
surcharge thereon shall not exceed the total amount payable as income-tax and
surcharge on a total income of one crore rupees by more than the amount of
income that exceeds one crore rupees;
(xv)
two
crore rupees but does not exceed five crore rupees, the total amount payable as
income tax and surcharge thereon shall not exceed the total amount payable as
income-tax and surcharge on a total income of two crore rupees by more than the
amount of income that exceeds two crore rupees;
(xvi) five crore rupees,
the total amount payable as income tax and surcharge thereon shall not exceed
the total amount payable as income-tax and surcharge on a total income of five
crore rupees by more than the amount of income that exceeds five crore rupees:
Provided also that in
the case of persons mentioned in (b) above, having total income chargeable to
tax under Section
115JC of the Income-tax Act, and such
income exceeds one crore rupees, the total amount payable as income-tax on such
income and surcharge thereon shall not exceed the total amount payable as
income-tax on a total income of one crore rupees by more than the amount of
income that exceeds one crore rupees:
Provided also that in
the case of every company having total income chargeable to tax under Section 115JB of
the Income-tax Act, and such income exceeds one crore rupees but does not
exceed ten crore rupees, the total amount payable as income-tax on such income
and surcharge thereon, shall not exceed the total amount payable as income-tax
on a total income of one crore rupees by more than the amount of income that
exceeds one crore rupees:
Provided also that in
the case of every company having total income chargeable to tax under Section 115JB of
the Income-tax Act, and such income exceeds ten crore rupees, the total amount
payable as income-tax on such income and surcharge thereon, shall not exceed
the total amount payable as income-tax and surcharge on a total income of ten
crore rupees by more than the amount of income that exceeds ten crore rupees:
Provided also that in
respect of any income chargeable to tax under clause (i) of sub-section (1)
of Section 115BBE of
the Income-tax Act, the amount of income-tax computed under this sub-section
shall be increased by a surcharge, for the purposes of the Union, calculated at
the rate of twenty-five per cent. of such income-tax:
Provided also that in
case of every domestic company whose income is chargeable to tax under Section 115BAA or Section 115BAB of
the Income-tax Act, the income-tax computed under this sub-section shall be
increased by a surcharge, for the purposes of the Union, calculated at the rate
of ten per cent. of such income-tax.
(5)
In
cases in which tax has to be charged and paid under sub-section (2A) of Section 92CE or Section 115-O or Section 115QA or
sub-section (2) of Section
115R or Section 115TA or Section 115TD of
the Income-tax Act, the tax shall be charged and paid at the rates as specified
in those sections and shall be increased by a surcharge, for the purposes of
the Union, calculated at the rate of twelve per cent. of such tax.
(6)
In
cases in which tax has to be deducted under Sections 193, 194A, 194B, 194BB, 194D, 194LBA, 194LBB, 194LBC and 195 of
the Income-tax Act, at the rates in force, the deductions shall be made at the
rates specified in Part II of the First Schedule and shall be increased by a
surcharge, for the purposes of the Union, calculated in cases wherever
prescribed, in the manner provided therein.
(7)
?In cases in which tax has to be deducted
under Sections 192A, 194, 194C, 194DA, 194E, 194EE, 194F, 194G, 194H, 194-I, 194-IA, 194-IB, 194-IC, 194J, 194LA, 194LB, 194LBA, 194LBB, 194LBC, 194LC, 194LD, 194K, 194M, 194N, 194-O, 196A, 196B, 196C and 196D of
the Income-tax Act, the deductions shall be made at the rates specified in those
sections and shall be increased by a surcharge, for the purposes of the
Union,--
(a)
in
the case of every individual or Hindu undivided family or association of
persons or body of individuals, whether incorporated or not, or every
artificial juridical person referred to in sub-clause (vii) of clause (31)
of Section 2 of
the Income-tax Act, [2][being
a non-resident, except in case of deduction on income by way of dividend under
section 196D of the Income-tax Act], calculated,--
(b)
at
the rate of ten per cent. of such tax, where the income or the aggregate of
such incomes paid or likely to be paid and subject to the deduction exceeds
fifty lakh rupees but does not exceed one crore rupees;
(c)
?at the rate of fifteen per cent. of such tax,
where the income or the aggregate of such incomes paid or likely to be paid and
subject to the deduction exceeds one crore rupees but does not exceed two crore
rupees;
(d)
at
the rate of twenty-five per cent. of such tax, where the income or the
aggregate of such incomes paid or likely to be paid and subject to the
deduction exceeds two crore rupees but does not exceed five crore rupees;
(e)
at
the rate of thirty-seven per cent. of such tax, where the income or the
aggregate of such incomes paid or likely to be paid and subject to the
deduction exceeds five crore rupees;
(8)
[3][in
the case of every individual or Hindu undivided family or association of
persons or body of individuals, whether incorporated or not, or every
artificial juridical person referred to in sub-clause (vii) of clause (31) of
section 2 of the Income-tax Act, being a non-resident, in case of deduction on
income by way of dividend under section 196D of that Act, calculated,--
(i)
at
the rate of ten per cent. of such tax, where the income or the aggregate of
such incomes paid or likely to be paid and subject to the deduction
exceeds fifty lakh rupees but does not exceed one crore rupees;
(ii)
at
the rate of fifteen per cent. of such tax, where the income or the aggregate of
such incomes paid or likely to be paid and subject to the deduction exceeds one
crore rupees;]
(iii)
in
the case of every co-operative society or firm, being a non-resident,
calculated at the rate of twelve per cent. of such tax, where the income or the
aggregate of such incomes paid or likely to be paid and subject to the
deduction exceeds one crore rupees;
(iv)
in
the case of every company, other than a domestic company, calculated,--
(v)
at
the rate of two per cent. of such tax, where the income or the aggregate of
such incomes paid or likely to be paid and subject to the deduction exceeds one
crore rupees but does not exceed ten crore rupees;
(vi)
at
the rate of five per cent. of such tax, where the income or the aggregate of
such incomes paid or likely to be paid and subject to the deduction exceeds ten
crore rupees.
(9)
In
cases in which tax has to be collected under the proviso to Section 194B of
the Income-tax Act, the collection shall be made at the rates specified in Part
II of the First Schedule, and shall be increased by a surcharge, for the
purposes of the Union, calculated, in cases wherever prescribed, in the manner
provided therein.
(10)
In
cases in which tax has to be collected under Section 206C of
the Income-tax Act, the collection shall be made at the rates specified in that
section and shall be increased by a surcharge, for the purposes of the Union,--
(a)
in
the case of every individual or Hindu undivided family or association of
persons or body of individuals, whether incorporated or not, or every
artificial juridical person referred to in sub-clause (vii) of clause (31)
of Section 2 of
the Income-tax Act, being a non-resident, calculated,--
(b)
at
the rate of ten per cent. of such tax, where the amount or the aggregate of
such amounts collected and subject to the collection exceeds fifty lakh rupees
but does not exceed one crore rupees;
(c)
at
the rate of fifteen per cent. of such tax, where the amount or the aggregate of
such amounts collected and subject to the collection exceeds one crore rupees
but does not exceed two crore rupees;
(d)
at
the rate of twenty-five per cent. of such tax, where the income or the
aggregate of such incomes collected or likely to be collected and subject to
the collection exceeds two crore rupees but does not exceed five crore rupees;
(e)
at
the rate of thirty-seven per cent. of such tax, where the income or the
aggregate of such incomes collected or likely to be collected and subject to
the collection exceeds five crore rupees;
(f)
in
the case of every co-operative society or firm, being a non-resident,
calculated at the rate of twelve per cent. of such tax, where the amount or the
aggregate of such amounts collected and subject to the collection exceeds one
crore rupees;
(g)
in
the case of every company, other than a domestic company, calculated,--
(h)
at
the rate of two per cent. of such tax, where the amount or the aggregate of
such amounts collected and subject to the collection exceeds one crore rupees
but does not exceed ten crore rupees;
(i)
?at the rate of five per cent. of such tax,
where the amount or the aggregate of such amounts collected and subject to the
collection exceeds ten crore rupees.
(11)
Subject
to the provisions of sub-section (10), in cases in which income-tax has to be
charged under sub-section (4) of Section
172 or sub-section (2) of Section 174 or Section 174A or Section 175 or
sub-section (2) of Section
176 of the Income-tax Act or deducted
from, or paid on, income chargeable under the head "Salaries"
under Section 192 of
the said Act or in which the "advance tax" payable under Chapter
XVII-C of the said Act has to be computed at the rate or rates in force, such
income-tax or, as the case may be, "advance tax" shall be charged,
deducted or computed at the rate or rates specified in Part III of the First
Schedule and such tax shall be increased by a surcharge, for the purposes of
the Union, calculated in such cases and in such manner as provided therein:
Provided that in
cases to which the provisions of Chapter XII or Chapter XII-A or Section 115JB or Section 115JC or
Chapter XII-FA or Chapter XII-FB or sub-section (1A) of Section 161 or Section 164 or Section 164A or Section 167B of
the Income-tax Act apply, "advance tax" shall be computed with
reference to the rates imposed by this sub-section or the rates as specified in
that Chapter or section, as the case may be:
Provided further that
the amount of "advance tax" computed in accordance with the
provisions of Section
111A or Section 112 or Section 112A of
the Income-tax Act shall be increased by a surcharge, for the purposes of the
Union, as provided in
Provided also that in
respect of any income chargeable to tax under Section 115A, 115AB, 115AC, 115ACA, 115AD, 115B, 115BA, 115BB, 115BBA, 115BBC, 115BBD, 115BBDA, 115BBF, 115BBG, 115E, 115JB or 115JC of
the Income-tax Act, "advance tax" computed under the first proviso
shall be increased by a surcharge, for the purposes of the Union, calculated,--
(a)
in
the case of every individual or Hindu undivided family or association of
persons or body of individuals, whether incorporated or not, or every
artificial juridical person referred to in sub-clause (vii) of clause (31)
of Section 2 of
the Income-tax Act, not having any income under Section 115AD of
the Income-tax Act,--
(b)
at
the rate of ten per cent. of such "advance tax", where the total
income exceeds fifty lakh rupees but does not exceed one crore rupees;
(c)
at
the rate of fifteen per cent. of such "advance tax", where the total
income exceeds one crore rupees but does not exceed two crore rupees;
(d)
at
the rate of twenty-five per cent. of such "advance tax", where the
total income exceeds two crore rupees but does not exceed five crore rupees;
(e)
at
the rate of thirty-seven per cent. of such "advance tax", where the
total income exceeds five crore rupees;
(12)
in
the case of individual or every association of persons or body of individuals,
whether incorporated or not, or every artificial juridical person referred to
in sub-clause (vii) of clause (31) of Section 2 of
the Income-tax Act, having income under Section 115AD of
the Income-tax Act,--
(i)
at
the rate of ten per cent. of such "advance tax", where the total
income exceeds fifty lakh rupees, but does not exceed one crore rupees;
(ii)
at
the rate of fifteen per cent. of such "advance tax", where the total income
exceeds one crore rupees but does not exceed two crore rupees;
(iii)
at
the rate of twenty-five per cent. of such "advance tax", where the
total income [[4]
[excluding the income by way of dividend or income] of the nature referred to
in clause (b) of sub-section (1) of Section
115AD of the Income-tax Act] exceeds
two crore rupees but does not exceed five crore rupees;
(iv)
at
the rate of thirty-seven per cent. of such "advance tax", where the
total income [[5][excluding
the income by way of dividend or income] of the nature referred to in clause
(b) of sub-section (1) of Section
115AD of the Income-tax Act] exceeds
five crore rupees;
(v)
at
the rate of fifteen per cent. of such "advance tax", where the total
income [[6][including
the income by way of dividend or income] of the nature referred to in clause
(b) of sub-section (1) of Section
115AD of the Income-tax Act] exceeds
two crore rupees but is not covered in sub-clauses (iii) and (iv):
Provided that in case
where the total income includes [7][any
income by way of dividend or income] chargeable under clause (b) of sub-section
(1) of Section 115AD of
the Income-tax Act, the rate of surcharge on the advance tax calculated on that
part of income shall not exceed fifteen per cent.;
(vi)
in
the case of every co-operative society except such co-operative society whose
income is chargeable to tax under Section
115BAD of the Income-tax Act or firm or
local authority at the rate of twelve per cent. of such "advance
tax", where the total income exceeds one crore rupees;
(vii)
in
the case of every domestic company except such domestic company whose income is
chargeable to tax under Section
115BAA or Section 115BAB of
the Income-tax Act,--
(viii)
at
the rate of seven per cent. of such "advance tax", where the total
income exceeds one crore rupees but does not exceed ten crore rupees;
(ix)
at
the rate of twelve per cent. of such "advance tax", where the total
income exceeds ten crore rupees;
(x)
in
the case of every company, other than a domestic company,--
(xi)
at
the rate of two per cent. of such "advance tax", where the total
income exceeds one crore rupees but does not exceed ten crore rupees;
(xii)
at
the rate of five per cent. of such "advance tax", where the total
income exceeds ten crore rupees:
Provided also that in
the case of persons mentioned in (a) and (aa) above, having total income
chargeable to tax under Section
115JC of the Income-tax Act, and such
income exceeds,--
(xiii)
fifty
lakh rupees but does not exceed one crore rupees, the total amount payable as
"advance tax" on such income and surcharge thereon shall not exceed
the total amount payable as "advance tax" on a total income of fifty
lakh rupees by more than the amount of income that exceeds fifty lakh rupees;
(xiv) ?one crore rupees but does not exceed two crore
rupees, the total amount payable as "advance tax" on such income and
surcharge thereon shall not exceed the total amount payable as "advance
tax" on a total income of one crore rupees by more than the amount of
income that exceeds one crore rupees;
(xv)
two
crore rupees but does not exceed five crore rupees, the total amount payable as
"advance tax" on such income and surcharge thereon shall not exceed
the total amount payable as "advance tax" on a total income of two
crore rupees by more than the amount of income that exceeds two crore rupees;
(xvi) five crore rupees,
the total amount payable as "advance tax" on such income and
surcharge thereon shall not exceed the total amount payable as "advance
tax" on a total income of five crore rupees by more than the amount of
income that exceeds five crore rupees:
Provided also that in
the case of persons mentioned in (b) above, having total income chargeable to
tax under Section
115JC of the Income-tax Act, and such
income exceeds one crore rupees, the total amount payable as "advance
tax" on such income and surcharge thereon shall not exceed the total
amount payable as "advance tax" on a total income of one crore rupees
by more than the amount of income that exceeds one crore rupees:
Provided also that in
the case of every company having total income chargeable to tax under Section 115JB of
the Income-tax Act, and such income exceeds one crore rupees but does not
exceed ten crore rupees, the total amount payable as "advance tax" on
such income and surcharge thereon, shall not exceed the total amount payable as
"advance tax" on a total income of one crore rupees by more than the
amount of income that exceeds one crore rupees:
Provided also that in
the case of every company having total income chargeable to tax under Section 115JB of
the Income-tax Act, and such income exceeds ten crore rupees, the total amount
payable as "advance tax" on such income and surcharge thereon, shall
not exceed the total amount payable as "advance tax" and surcharge on
a total income of ten crore rupees by more than the amount of income that
exceeds ten crore rupees:
Provided also that in
respect of any income chargeable to tax under clause (i) of sub-section (1)
of Section 115BBE of
the Income-tax Act, the "advance tax" computed under the first
proviso shall be increased by a surcharge, for the purposes of the Union,
calculated at the rate of twenty-five per cent. of such "advance
tax":
Provided also that in
case of every domestic company whose income is chargeable to tax under Section 115BAA or Section 115BAB of
the Income-tax Act, the advance tax computed under the first proviso shall be
increased by a surcharge, for the purposes of the Union, calculated at the rate
of ten per cent. of such "advance tax":
Provided also that in
case of every individual or Hindu undivided family, whose income is chargeable
to tax under Section
115BAC of the Income-tax Act, the
advance tax computed under the first proviso shall be increased by a surcharge,
for the purposes of the Union, as provided in
Provided also that in
case of every resident co-operative society whose income is chargeable to tax
under Section 115BAD of
the Income-tax Act, the advance tax computed under the first proviso shall be
increased by a surcharge, for the purposes of the Union, calculated at the rate
of ten per cent. of such "advance tax".
(13)
In
cases to which
(a)
the
net agricultural income shall be taken into account, in the manner provided in
clause (b) [that is to say, as if the net agricultural income were comprised in
the total income after the first two lakh fifty thousand rupees of the total
income but without being liable to tax], only for the purpose of charging or
computing such income-tax or, as the case may be, "advance tax" in
respect of the total income; and
(b)
such
income-tax or, as the case may be, "advance tax" shall be so charged
or computed as follows:--
(c)
the
total income and the net agricultural income shall be aggregated and the amount
of income-tax or "advance tax" shall be determined in respect of the
aggregate income at the rates specified in the said
(d)
the
net agricultural income shall be increased by a sum of two lakh fifty thousand
rupees, and the amount of income-tax or "advance tax" shall be determined
in respect of the net agricultural income as so increased at the rates
specified in the said
(e)
the
amount of income-tax or "advance tax" determined in accordance with
sub-clause (i) shall be reduced by the amount of income-tax or, as the case may
be, "advance tax" determined in accordance with sub-clause (ii) and
the sum so arrived at shall be the income-tax or, as the case may be,
"advance tax" in respect of the total income:
Provided that in the
case of every individual, being a resident in India, who is of the age of sixty
years or more but less than eighty years at any time during the previous year,
referred to in item (II) of
Provided further that
in the case of every individual, being a resident in India, who is of the age
of eighty years or more at any time during the previous year, referred to in
item (III) of
Provided also that
the amount of income-tax or "advance tax" so arrived at, shall be
increased by a surcharge for the purposes of the Union, calculated in each
case, in the manner provided therein.
(14)
The
amount of income-tax as specified in sub-sections (1) to (3) and as increased
by the applicable surcharge, for the purposes of the Union, calculated in the
manner provided therein, shall be further increased by an additional surcharge,
for the purposes of the Union, to be called the "Health and Education Cess
on income-tax", calculated at the rate of four per cent. of such
income-tax and surcharge so as to fulfill the commitment of the Government to
provide and finance quality health services and universalised quality basic
education and secondary and higher education.
(15)
The
amount of income-tax as specified in sub-sections (4) to (10) and as increased
by the applicable surcharge, for the purposes of the Union, calculated in the
manner provided therein, shall be further increased by an additional surcharge,
for the purposes of the Union, to be called the "Health and Education Cess
on income-tax", calculated at the rate of four per cent of such income-tax
and surcharge so as to fulfill the commitment of the Government to provide and
finance quality health services and universalised quality basic education and
secondary and higher education:
Provided that nothing
contained in this sub-section shall apply to cases in which tax is to be
deducted or collected under the sections of the Income-tax Act mentioned in
sub-sections (5), (6), (7) and (8), if the income subjected to deduction of tax
at source or collection of tax at source is paid to a domestic company and any
other person who is resident in India.
(16)
For
the purposes of this section and the First Schedule,--
(a)
"domestic
company" means an Indian company or any other company which, in respect of
its income liable to income-tax under the Income-tax Act, for the assessment
year commencing on the 1st day of April, 2018, has made the prescribed
arrangements for the declaration and payment within India of the dividends
(including dividends on preference shares) payable out of such income;
(b)
"insurance
commission" means any remuneration or reward, whether by way of commission
or otherwise, for soliciting or procuring insurance business (including
business relating to the continuance, renewal or revival of policies of
insurance);
(c)
"net
agricultural income" in relation to a person, means the total amount of
agricultural income, from whatever source derived, of that person computed in
accordance with the rules contained in Part IV of the First Schedule;
(d)
all
other words and expressions used in this section and the First Schedule but not
defined in this sub-section and defined in the Income-tax Act shall have the
meanings, respectively, assigned to them in that Act.
Section 3 - Amendment of section 2
In Section 2 of the
Income-tax Act,--
(i)
in
clause (13A), with effect from the 1st day of April, 2021,--
(ii)
in
sub-clause (ii), the word "and" occurring at the end shall be
omitted;
(iii)
the
long line shall be omitted;
(iv)
in
clause (15A),--
(v)
after
the words "Chief Commissioner of Income-tax", the words "or a
Director General of Income-tax" shall be inserted;
(vi)
after
the words "Principal Chief Commissioner of Income-tax", the words
"or a Principal Director General of Income-tax" shall be inserted.
(vii)
in
clause (42A), in Explanation 1, in clause (i), after sub-clause (hg), the
following sub-clause shall be inserted, namely:--
(viii)
in
the case of a capital asset, being a unit or units in a segregated portfolio
referred to in sub-section (2AG) of Section 49, there shall be included the
period for which the original unit or units in the main portfolio were held by
the assessee;".
Section 4 - Amendment of section 6
In Section 6 of the
Income-tax Act, with effect from the 1st day of April, 2021,--
(a)
in
clause (1), in Explanation 1, in clause (b), for the words
"substituted" occurring at the end, the words "substituted and
in case of the citizen or person of Indian origin having total income, other
than the income from foreign sources, exceeding fifteen lakh rupees during the
previous year," for the words "sixty days" occurring therein,
the words "one hundred and twenty days" had been substituted;
(b)
after
clause (1), the following clause shall be inserted, namely:--
(c)
Notwithstanding
anything contained in clause (1), an individual, being a citizen of India,
having total income, other than the income from foreign sources, exceeding
fifteen lakh rupees during the previous year shall be deemed to be resident in
India in that previous year, if he is not liable to tax in any other country or
territory by reason of his domicile or residence or any other criteria of
similar nature;
(d)
in
clause (6), in sub-clause (b), for the words "days or less" occurring
at the end, the following shall be substituted, namely:--
"days or less; or
(e)
a
citizen of India, or a person of Indian origin, having total income, other than
the income from foreign sources, exceeding fifteen lakh rupees during the
previous year, as referred to in clause (b) of Explanation 1 to clause (1), who
has been in India for a period or periods amounting in all to one hundred and
twenty days or more but less than one hundred and eighty-two days; or
(f)
a
citizen of India who is deemed to be resident in India under clause (1A).
Explanation.--For the purposes of this
section, the expression "income from foreign sources" means income
which accrues or arises outside India (except income derived from a business
controlled in or a profession set up in India).
Section 5 - Amendment of section 9
In Section 9 of the
Income-tax Act, in sub-section (1),--
(a)
in
clause (i),--
(b)
in
Explanation 1, in clause (a), for the words "in the case of a
business", the words "in the case of a business, other than the
business having business connection in India on account of
significant economic presence," shall be substituted with effect from the
1st day of April, 2022;
(c)
Explanation
2A shall be omitted with effect from the 1st day of April, 2021 and the
following Explanation shall be inserted with effect from the 1st day of April,
2022, namely:--
'Explanation 2A.--For the removal of
doubts, it is hereby declared that the significant economic presence of a
non-resident in India shall constitute "business connection" in India
and "significant economic presence" for this purpose, shall mean--
(d)
transaction
in respect of any goods, services or property carried out by a non-resident
with any person in India including provision of download of data or software in
India, if the aggregate of payments arising from such transaction or
transactions during the previous year exceeds such amount as may be prescribed;
or
(e)
systematic
and continuous soliciting of business activities or engaging in interaction
with such number of users in India, as may be prescribed:
Provided that the transactions or
activities shall constitute significant economic presence in India, whether or
not--
(f)
the
agreement for such transactions or activities is entered in India; or
(g)
?the non-resident has a residence or place of
business in India; or
(h)
the
non-resident renders services in India:
Provided further that only so much of
income as is attributable to the transactions or activities referred to in
clause (a) or clause (b) shall be deemed to accrue or arise in India.';
(i) after Explanation 3,
the following Explanation shall be inserted with effect from the 1st day of
April, 2021, namely:--
"Explanation 3A.--For the removal
of doubts, it is hereby declared that the income attributable to the operations
carried out in India, as referred to in Explanation 1, shall include income
from--
(j)
such
advertisement which targets a customer who resides in India or a customer who
accesses the advertisement through internet protocol address located in India;
(k)
?sale of data collected from a person who
resides in India or from a person who uses internet protocol address located in
India; and
(l)
?sale of goods or services using data collected
from a person who resides in India or from a person who uses internet protocol
address located in India.";
(m)
after
Explanation 3A as so inserted, the following proviso shall be inserted with
effect from the 1st day of April, 2022, namely:--
"Provided that the provisions
contained in this Explanation shall also apply to the income attributable to
the transactions or activities referred to in Explanation 2A.";
(n)
?in Explanation 5,--
(o) ?in the second proviso, after the words,
brackets and figures "Securities and Exchange Board of India (Foreign
Portfolio Investors) Regulations, 2014", the words "prior to their
repeal" shall be inserted;
(p)
after
the second proviso, the following proviso shall be inserted, namely:--
"Provided also that nothing
contained in this Explanation shall apply to an asset or a capital asset, which
is held by a nonresident by way of investment, directly or indirectly, in
Category-I foreign portfolio investor under the Securities and Exchange Board of
India (Foreign Portfolio Investors) Regulations, 2019, made under the
Securities and Exchange Board of India Act, 1992 (15 of 1992).";
(q) in clause (vi), in
Explanation 2, in clause (v), the words ", but not including consideration
for the sale, distribution or exhibition of cinematographic films" shall
be omitted with effect from the 1st day of April, 2021.
Section 6 - Amendment of section 9A
In Section 9A of the
Income-tax Act, in sub-section (3),--
(a) in clause (c), the
following proviso shall be inserted, namely:--
"Provided that for the purposes of
calculation of the said aggregate participation or investment in the fund, any
contribution made by the eligible fund manager during the first three years of
operation of the fund, not exceeding twenty-five crore rupees, shall not be
taken into account;";
(b) in clause (j), in the
first proviso, for the words "six months from the last day of the month of
its establishment or incorporation, or at the end of such previous year,
whichever is later", the words "twelve months from the last day of
the month of its establishment or incorporation" shall be substituted.
Section 7 - Amendment of section 10
In Section 10 of the
Income-tax Act,--
(1)
in
clause (23C),--
(2)
for
the first and second provisos, the following provisos shall be substituted with
effect from the 1st day of June, 2020, namely:--
"Provided that the exemption to
the fund or trust or institution or university or other educational institution
or hospital or other medical institution referred to in sub-clause (iv) or
sub-clause (v) or sub-clause (vi) or sub-clause (via) under the respective
sub-clauses shall not be available to it unless such fund or trust or
institution or university or other educational institution or hospital or other
medical institution makes an application in the prescribed form and manner to
the Principal Commissioner or Commissioner, for grant of approval,--
(3)
where
such fund or trust or institution or university or other educational
institution or hospital or other medical institution is approved under the
second proviso [as it stood immediately before its amendment by the Finance
Act, 2020], within three months from the date on which this clause has come
into force;
(4)
?where such fund or trust or institution or
university or other educational institution or hospital or other medical
institution is approved and the period of such approval is due to expire, at
least six months prior to expiry of the said period;
(5)
where
such fund or trust or institution or university or other educational
institution or hospital or other medical institution has
been provisionally approved, at least six months prior to expiry of the period
of the provisional approval or within six months of commencement of its
activities, whichever is earlier;
(6)
in
any other case, at least one month prior to the commencement of the previous
year relevant to the assessment year from which the said approval is sought, and
the said fund or trust or institution or university or other educational
institution or hospital or other medical institution is approved under the
second proviso:
Provided further that the Principal
Commissioner or Commissioner, on receipt of an application made under the first
proviso, shall,--
(7)
where
the application is made under clause (i) of the said proviso, pass an order in
writing granting approval to it for a period of five years;
(8)
?where the application is made under clause
(ii) or clause (iii) of the said proviso,--
(9)
call
for such documents or information from it or make such inquiries as he thinks
necessary in order to satisfy himself about?
(10)
?the genuineness of activities of such fund or
trust or institution or university or other educational institution or hospital
or other medical institution; and
(11)
the
compliance of such requirements of any other law for the time being in force by
it as are material for the purpose of achieving its objects; and
(12)
after
satisfying himself about the objects and the genuineness of its activities
under item (A), and compliance of the requirements under item (B), of
sub-clause (a),--
(13)
pass
an order in writing granting approval to it for a period of five years;
(14)
if
he is not so satisfied, pass an order in writing rejecting such application and
also cancelling its approval after affording it a reasonable opportunity of
being heard;
(15)
?where the application is made under clause
(iv) of the said proviso, pass an order in writing granting approval to it
provisionally for a period of three years from the assessment year from which
the registration is sought, and send a copy of such order to the fund or trust
or institution or university or other educational institution or hospital or
other medical institution:";
(16)
after
the third proviso, the following Explanation shall be inserted, namely:--
"Explanation.--For the removal of
doubts, it is hereby clarified that for the purposes of this proviso, the
income of the funds or trust or institution or any university or other
educational institution or any hospital or other medical institution, shall not
include income in the form of voluntary contributions made with a specific
direction that they shall form part of the corpus of such fund or trust or
institution or any university or other educational institution or any hospital
or other medical institution:";
(17) for the eighth and
ninth provisos, the following provisos shall be substituted with effect from
the 1st day of June, 2020 namely:--
"Provided also that any approval
granted under the second proviso shall apply in relation to the income of the
fund or trust or institution or university or other educational institution or
hospital or other medical institution,--
(18)
where
the application is made under clause (i) of the first proviso, from the
assessment year from which approval was earlier granted to it;
(19)
where
the application is made under clause (iii) of the first proviso, from the first
of the assessment years for which it was provisionally approved;
(20)
in
any other case, from the assessment year immediately following the financial
year in which such application is made:
Provided also that the order under
clause (i), sub-clause (b) of clause (ii) and clause (iii) of the second
proviso shall be passed, in such form and manner as may be prescribed, before
expiry of the period of three months, six months and one month, respectively,
calculated from the end of the month in which the application was
received:";
(21)
in
the tenth proviso, for the words and figures "section 288 and furnish
along with the return of income for the relevant assessment year", the
words, figures and letters "section 288 before the specified date referred
to in section 44AB and furnish by that date" shall be substituted;
(22)
in
the twelfth proviso, for the words, brackets, figures and letters "in
sub-clause (iv) or sub-clause (v) or sub-clause (vi) or sub-clause (via), to
any trust or institution registered under section 12AA, being voluntary
contribution made with a specific direction that they shall form part of the
corpus of the trust or institution," the words, brackets, figures and letters
"in sub-clause (iv) or sub-clause (v) or sub-clause (vi) or sub-clause
(via), to any other fund or trust or institution or any university or other
educational institution or any hospital or other medical institution referred
to in sub-clause (iv) or sub-clause (v) or sub-clause (vi) or sub-clause (via)
or trust or institution registered under section 12AA, being voluntary
contribution made with a specific direction that they shall form part of the
corpus," shall be substituted;
(23)
with
effect from the 1st day of June, 2020,--
(24)
the
sixteenth proviso shall be omitted;
(25)
for
the eighteenth proviso, the following proviso shall be substituted, namely:--
"Provided also that all
applications made under the first proviso [as it stood before its amendment by
the Finance Act, 2020] pending before the Principal Commissioner or
Commissioner, on which no order has been passed before the date on which the
first proviso has come into force, shall be deemed to be an application made
under clause (iv) of the first proviso on that date:";
(26)
with
effect from the 1st day of April, 2021,--
(a)
in
clause (23D), in the opening portion, the words, figures and letter
"subject to the provisions of Chapter XII-E," shall be omitted;
(b)
in
clause (23FC), in sub-clause (b), for the words, brackets, figures and letter
"referred to in sub-section (7) of section 115-O", the words
"received or receivable from a special purpose vehicle" shall be
substituted;
(c)
in
clause (23FD), for the words, brackets, letters and figures "in sub-clause
(a) of clause (23FC)", the words, brackets, letters and figures "in
sub-clause (a) of clause (23FC) or sub-clause (b) of said clause (in a case
where the special purpose vehicle has exercised the option under section
115BAA)" shall be substituted;
(d)
after
clause (23FD), the following clause shall be inserted, namely:--
(27)
any
income of a specified person in the nature of dividend, interest or long-term
capital gains arising from an investment made by it in India, whether in the
form of debt or share capital or unit, if the investment?
(i)
is
made on or after the 1st day of April, 2020 but on or before the 31st day of
March, 2024;
(ii)
is
held for at least three years; and
(iii)
is
in?
(iv)
a
business trust referred to in sub-clause (i) of clause (13A) of section 2; or
(v)
a
company or enterprise or an entity carrying on the business of developing, or
operating and maintaining, or developing, operating and maintaining any
infrastructure facility as defined in the Explanation to clause (i) of
sub-section (4) of section 80-IA or such other business as the Central
Government may, by notification in the Official Gazette, specify in this
behalf; or
(vi)
a
Category-I or Category-II Alternative Investment Fund regulated under the
Securities and Exchange Board of India (Alternative Investment Fund) Regulations,
2012 made under the Securities and Exchange Board of India Act, 1992 (15 of
1992), having hundred per cent. investment in one or more of the company or
enterprise or entity referred to in item (b):
Provided that if any difficulty arises
regarding interpretation or implementation of the provisions of this clause,
the Board may, with the approval of the Central Government, issue guidelines
for the purpose of removing the difficulty:
Provided further that every guideline
issued under the first proviso, shall be laid before each House of Parliament
and shall be binding on the income-tax authority and the specified person:
Provided also that where any income has
not been included in the total income of the specified person due to the
provisions of this clause, and subsequently during any previous year the
specified person fails to satisfy any of the conditions of this clause so that
the said income would not have been eligible for such non-inclusion, such
income shall be chargeable to income-tax as the income of the specified person
of that previous year.
Explanation.--For the purposes of this
clause, "specified person" means--
(vii)
?a wholly owned subsidiary of the Abu Dhabi
Investment Authority which?
(viii)
?is a resident of the United Arab Emirates; and
(ix)
makes
investment, directly or indirectly, out of the fund owned by the Government of
the United Arab Emirates;
(x)
a
sovereign wealth fund which satisfies the following conditions, namely:--
(xi)
?it is wholly owned and controlled, directly or
indirectly, by the Government of a foreign country;
(xii)
?it is set up and regulated under the law of
such foreign country;
(xiii)
the
earnings of the said fund are credited either to the account of the Government
of that foreign country or to any other account designated by that Government
so that no portion of the earnings inures any benefit to any private person;
(xiv) the asset of the said
fund vests in the Government of such foreign country upon dissolution;
(xv)
it
does not undertake any commercial activity whether within or outside India; and
(xvi) it is specified by
the Central Government, by notification in the Official Gazette, for this
purpose;
(xvii) ?a pension fund, which?
(xviii)
is
created or established under the law of a foreign country including the laws
made by any of its political constituents being a province, state or local
body, by whatever name called;
(xix) is not liable to tax
in such foreign country;
(xx)
satisfies
such other conditions as may be prescribed; and
(xxi) is specified by the
Central Government, by notification in the Official Gazette, for this
purpose;';
(28)
in
clause (34), after the proviso, the following proviso shall be inserted,
namely:--
"Provided further that nothing
contained in this clause shall apply to any income by way of dividend received
on or after the 1st day of April, 2020 other than the dividend on which tax
under section 115-O and section 115BBDA, wherever applicable, has been
paid;";
(29) in clause (35), after
the proviso, the following proviso shall be inserted, namely:--
"Provided further that nothing
contained in this clause shall apply to any income in respect of units received
on or after the 1st day of April, 2020;";
(30)
clause
(45) shall be omitted;
(31)
after
clause (48B), the following clause shall be inserted, namely:--
(32)
any
income accruing or arising to the Indian Strategic Petroleum Reserves Limited,
being a wholly owned subsidiary of the Oil Industry Development Board under the
Ministry of Petroleum and Natural Gas, as a result of arrangement for
replenishment of crude oil stored in its storage facility in pursuance of
directions of the Central Government in this behalf:
Provided that nothing contained in this
clause shall apply to an arrangement, if the crude oil is not replenished in
the storage facility within three years from the end of the financial year in
which the crude oil was removed from the storage facility for the first
time;";
(33) in clause (50), with
effect from the 1st day of April, 2021, for the words "comes into
force", the words, figures and letters "comes into force or arising from
any e-commerce supply or services made or provided or facilitated on or after
the 1st day of April, 2021" shall be substituted.
Section 8 - Amendment of section 10A
In Section 10A of the
Income-tax Act, in sub-section (5),--
(i)
the
words "along with the return of income," shall be omitted;
(ii)
after
the word and figures "section 288", the words, figures and letters
"before the specified date referred to in section 44AB" shall be
inserted.
Section 9 - Amendment of section 11
In Section 11 of the
Income-tax Act,--
(i)
in
sub-section (1), in Explanation 2, for the words, figures and letters " to
any other trust or institution registered under section 12AA, being
contribution with a specific direction that they shall form part of the corpus
of the trust or institution", the words, brackets, figures and letters
"to any fund or trust or institution or any university or other
educational institution or any hospital or other medical institution referred
to in sub-clause (iv) or sub-clause (v) or sub-clause (vi) or sub-clause (via)
of clause (23C) of section 10 or other trust or institution registered under
section 12AA, being contribution with a specific direction that it shall form
part of the corpus" shall be substituted;
(ii)
in
sub-section (7), with effect the 1st day of June, 2020?
(a)
for
the words, brackets, letters and figures "under clause (b) of sub-section
(1) of section 12AA", the words, figures and letters "under section
12AA or section 12AB" shall be substituted;
(b)
for
the words, brackets, figures and letter "clause (1) and clause
(23C)", the words, brackets, figures and letter "clause (1), clause
(23C) and clause (46)" shall be substituted;
(c)
the
following provisos shall be inserted, namely:--
"Provided that such registration
shall become inoperative from the date on which the trust or institution is
approved under clause (23C) of section 10 or is notified under clause (46) of
the said section, as the case may be, or the date on which this proviso has
come into force, whichever is later:
Provided further that the trust or
institution, whose registration has become inoperative under the first proviso,
may apply to get its registration operative under section 12AB subject to the
condition that on doing so, the approval under clause (23C) of section 10 or
notification under clause (46) of the said section, as the case may be, to such
trust or institution shall cease to have any
effect from the date on which the said registration becomes operative and
thereafter, it shall not be entitled to exemption under the respective
clauses.".
Section 10 - Amendment of section 12A
In Section 12A of the
Income-tax Act,--
(i)
in
sub-section (1),--
(ii)
after
clause (ab), the following clause shall be inserted with effect from the 1st
day of June, 2020, namely:--
(iii)
?notwithstanding anything contained in clauses
(a) to (ab), the person in receipt of the income has made an application in the
prescribed form and manner to the Principal Commissioner or Commissioner, for
registration of the trust or institution,--
(iv)
where
the trust or institution is registered under section 12A [as it stood
immediately before its amendment by the Finance (No. 2) Act, 1996 (33 of 1996)]
or under section 12AA, [as it stood immediately before its amendment by the
Finance Act, 2020] within three months from the date on which this clause has
come into force;
(v)
?where the trust or institution is registered
under section 12AB and the period of the said registration is due to expire, at
least six months prior to expiry of the said period;
(vi)
?where the trust or institution has been
provisionally registered under section 12AB, at least six months prior to
expiry of period of the provisional registration or within six months of
commencement of its activities, whichever is earlier;
(vii)
where
registration of the trust or institution has become inoperative due to the
first proviso to sub-section (7) of section 11, at least six months prior to
the commencement of the assessment year from which the said registration is
sought to be made operative;
(viii)
where
the trust or institution has adopted or undertaken modifications of the objects
which do not conform to the conditions of registration, within a period of
thirty days from the date of the said adoption or modification;
(ix)
in
any other case, at least one month prior to the commencement of the previous
year relevant to the assessment year from which the said registration is
sought, and such trust or institution is registered under section 12AB;";
(x)
in
clause (b), for the words "and the person in receipt of the income
furnishes along with the return of income for the relevant assessment
year", the words, figures and letters "before the specified date
referred to in section 44AB and the person in receipt of the income furnishes
by that date" shall be substituted;
(xi)
in
sub-section (2), with effect from the 1st day of June, 2020,--
(xii)
in
the first proviso, for the words "Provided that", the following shall
be substituted, namely:--
"Provided that the provisions of
sections 11 and 12 shall apply to a trust or institution, where the application
is made under--
(a)
sub-clause
(i) of clause (ac) of sub-section (1), from the assessment year from which such
trust or institution was earlier granted registration;
(b)
sub-clause
(iii) of clause (ac) of sub-section (1), from the first of the assessment years
for which it was provisionally registered:
Provided further that";
(xiii)
in
the second proviso, for the words "Provided further", the words
"Provided also" shall be substituted;
(xiv) in the first and
third provisos, after the word, figures and letters "section 12AA",
the words, figures and letters "or section 12AB" shall be inserted.
Section 11 - Amendment of section 12AA
In Section 12AA of the
Income-tax Act, after sub-section (4), the following sub-section shall be
inserted with effect from the 1st day of June, 2020, namely:--
"(5) Nothing
contained in this section shall apply on or after the 1st day of June,
2020.".
Section 12 - Insertion of new section 12AB
After Section
12AA of
the Income-tax Act, the following section shall be inserted with effect from
the 1st day of June, 2020, namely: "12AB. Procedure for fresh registration
(1)
The
Principal Commissioner or Commissioner, on receipt of an application made under
clause (ac) of sub-section (1) of section 12A, shall,--
(a)
where
the application is made under sub-clause (i) of the said clause, pass an order
in writing registering the trust or institution for a period of five years;
(b)
where
the application is made under sub-clause (ii) or sub-clause (iii) or sub-clause
(iv) or sub-clause (v) of the said clause,--
(c)
?call for such documents or information from
the trust or institution or make such inquiries as he thinks necessary in order
to satisfy himself about?
(d)
the
genuineness of activities of the trust or institution; and
(e)
the
compliance of such requirements of any other law for the time being in force by
the trust or institution as are material for the purpose of achieving its
objects;
(f)
?after satisfying himself about the objects of
the trust or institution and the genuineness of its activities under item (A),
and compliance of the requirements under item (B), of sub-clause (i),--
(g)
pass
an order in writing registering the trust or institution for a period of five
years; or
(h)
if
he is not so satisfied, pass an order in writing rejecting such application and
also cancelling its registration after affording a reasonable opportunity of
being heard;
(i)
?where the application is made under sub-clause
(vi) of the said clause, pass an order in writing provisionally registering the
trust or institution for a period of three years from the assessment year from
which the registration is sought, and send a copy of such order to the trust or
institution.
(2)
All
applications, pending before the Principal Commissioner or Commissioner on
which no order has been passed under clause (b) of sub-section (1) of section
12AA before the date on which this section has come into force, shall be deemed
to be an application made under sub-clause (vi) of clause (ac) of sub-section
(1) of section 12A on that date.
(3)
The
order under clause (a), sub-clause (ii) of clause (b) and clause (c), of
sub-section (1) shall be passed, in such form and manner as may be prescribed,
before expiry of the period of three months, six months and one month,
respectively, calculated from the end of the month in which the application was
received.
(4)
Where
registration of a trust or an institution has been granted under clause (a) or
clause (b) of sub-section (1) and subsequently, the Principal Commissioner or
Commissioner is satisfied that the activities of such trust or institution are
not genuine or are not being carried out in accordance with the objects of the
trust or institution, as the case may be, he shall pass an order in writing
cancelling the registration of such trust or institution after affording a
reasonable opportunity of being heard.
(5)
Without
prejudice to the provisions of sub-section (4), where registration of a trust
or an institution has been granted under clause (a) or clause (b) of
sub-section (1) and subsequently, it is noticed that?
(a)
the
activities of the trust or the institution are being carried out in a manner
that the provisions of sections 11 and 12 do not apply to exclude either whole
or any part of the income of such trust or institution due to operation of
sub-section (1) of section 13; or
(b)
the
trust or institution has not complied with the requirement of any other law, as
referred to in item (B) of sub-clause (i) of clause (b) of sub-section (1), and
the order, direction or decree, by whatever name called, holding that such
non-compliance has occurred, has either not been disputed or has attained
finality, then, the Principal Commissioner or the
Commissioner may, by an order in writing, after affording a reasonable
opportunity of being heard, cancel the registration of such trust or
institution.".
Section 13 - Amendment of section 17
In Section 17 of the
Income-tax Act, in clause (2), for sub-clause (vii), the following sub-clauses
shall be substituted with effect from the 1st day of April, 2021, namely:-
"(vii) the amount
or the aggregate of amounts of any contribution made to the account of the
assessee by the employer--
(a)
in
a recognised provident fund;
(b)
in
the scheme referred to in sub-section (1) of section 80CCD; and
(c)
in
an approved superannuation fund, to the extent it
exceeds seven lakh and fifty thousand rupees in a previous year;
?(viia) the annual
accretion by way of interest, dividend or any other amount of similar nature
during the previous year to the balance at the credit of the fund or scheme
referred to in sub-clause (vii) to the extent it relates to the contribution
referred to in the said sub-clause which is included in total income under the
said sub-clause in any previous year computed in such manner as may be
prescribed; and".
Section 14 - Amendment of section 32AB
In Section 32AB of the
Income-tax Act, in sub-section (5), for the words "and the assessee
furnishes, along with his return of income,", the words, figures and
letters "before the specified date referred to in section 44AB and the assessee
furnishes by that date" shall be substituted.
Section 15 - Amendment of section 33AB
In Section 33AB of the
Income-tax Act, in sub-section (2), for the words "and the assessee
furnishes, along with his return of income,", the words, figures and letters
"before the specified date referred to in section 44AB and the assessee
furnishes by that date" shall be substituted.
Section 16 - Amendment of section 33ABA
In Section 33ABA of the
Income-tax Act, in sub-section (2), for the words "and the assessee furnishes,
along with his return of income,", the words, figures and letters
"before the specified date referred to in section 44AB and the assessee
furnishes by that date" shall be substituted.
Section 17 - Amendment of section 35
In Section 35 of the Income-tax
Act, with effect from the 1st day of June, 2020,--
(i)
in
sub-section (1),--
(ii)
?after sub-clause (iii), in the Explanation,
for the words, brackets and figures,--
(iii)
?"to which clause (ii) or clause
(iii)", the words, brackets, figures and letter "to which clause (ii)
or clause (iii) or to a company to which clause (iia)" shall be
substituted;
(iv)
"clause
(ii) or clause (iii)", the words, brackets, figures and letter
"clause (ii) or clause (iii) or to a company referred to in clause
(iia)" shall be substituted;
(v)
after
the fourth proviso occurring after clause (iv), the following provisos shall be
inserted, namely:--
"Provided also that every
notification under clause (ii) or clause (iii) in respect of the research
association, university, college or other institution or under clause (iia) in
respect of the company issued on or before the date on which this sub-section
has come into force, shall be deemed to have been withdrawn unless such
research association, university, college or other institution referred to in
clause (ii) or clause (iii) or the company referred to in clause (iia) makes an
intimation in such form and manner, as may be prescribed, to the prescribed
income-tax authority within three months from the date on which this proviso
has come into force, and subject to such intimation the notification shall be
valid for a period of five consecutive assessment years beginning with the
assessment year commencing on or after the 1st day of April, 2021:
Provided also that any notification
issued by the Central Government under clause (ii) or clause (iia) or clause
(iii), after the date on which the Finance Bill, 2020 receives the assent of
the President, shall, at any one time, have effect for such assessment year or
years, not exceeding five assessment years as may be specified in the
notification.";
(vi)
?after sub-section (1), the following
sub-section shall be inserted, namely:-
(vii)
Notwithstanding
anything contained in sub-section (1), the research association, university,
college or other institution referred to in clause (ii) or clause (iii) or the
company referred to in clause (iia) of sub-section (1) shall not be entitled to
deduction under the respective clauses of the said sub-section, unless such
research association, university, college or other institution or company?
(viii)
prepares
such statement for such period as may be prescribed and deliver or cause to be
delivered to the said prescribed income-tax authority or the person authorised
by such authority such statement in such form, verified in such manner, setting
forth such particulars and within such time, as may be prescribed:
Provided that such research
association, university, college or other institution or the company may also
deliver to the prescribed authority a correction statement for rectification of
any mistake or to add, delete or update the information furnished in the
statement delivered under this sub-section in such form and verified in such
manner as may be prescribed; and
(ix) furnishes to the
donor, a certificate specifying the amount of donation in such manner,
containing such particulars and within such time from the date of receipt of
sum, as may be prescribed.".
Section 18 - Amendment of section 35AD
In Section 35AD of the
Income-tax Act,--
(i)
in
sub-section (1), for the words "An assessee shall", the words
"An assessee shall, if he opts," shall be substituted;
(ii)
in
sub-section (4), after the words "in any other previous year", the
words, "if the deduction has been claimed or opted by the assessee and
allowed to him under this section" shall be inserted.
Section 19 - Amendment of section 35D
In Section 35D of the
Income-tax Act, in sub-section (4), for the words "and the assessee
furnishes, along with his return of income for the first year in which the
deduction under this section is claimed, the report of such audit", the
words, figures and letters "before the specified date referred to in
section 44AB and the assessee furnishes for the first year in which the
deduction under this section is claimed, the report of such audit by that
date" shall be substituted.
Section 20 - Amendment of section 35E
In Section 35E of the
Income-tax Act, in sub-section (6), for the words "and the assessee
furnishes, along with his return of income for the first year in which the
deduction under this section is claimed, the report of such audit", the
words, figures and letters "before the specified date referred to in
section 44AB and the assessee furnishes for the first year in which the
deduction under this section is claimed, the report of such audit by that
date" shall be substituted.
Section 21 - Amendment of section 43
In Section 43 of the
Income-tax Act, in clause (5),--
(a)
for
the words "recognised association" wherever they occur, the words
"recognised stock exchange" shall be substituted;
(b)
in
Explanation 2, for clause (iii), the following clause shall be substituted,
namely:--
(c)
"recognised
stock exchange" means a recognised stock exchange as referred to in clause
(f) of Section 2 of the Securities Contracts
(Regulation) Act, 1956 (42 of 1956) and which fulfils such conditions as may be
prescribed and notified by the Central Government for this purpose;'.
Section 22 - Amendment of section 43CA
In Section 43CA of the
Income-tax Act, in sub-section (1), in the proviso, for the words "five
per cent.", the words "ten per cent." shall be substituted with
effect from the 1st day of April, 2021.
Section 23 - Amendment of section 44AB
In Section 44AB of the
Income-tax Act,--
(1)
in
clause (a),--
(2)
?the word "or" occurring at the end
shall be omitted;
(3)
?the following proviso shall be inserted,
namely:--
'Provided that in the case of a person
whose--
(4)
aggregate
of all amounts received including amount received for sales, turnover or gross
receipts during the previous year, in cash, does not exceed five per cent. of
the said amount; and
(5)
aggregate
of all payments made including amount incurred for expenditure, in cash, during
the previous year does not exceed five per cent. of the said payment, this
clause shall have effect as if for the words "one crore rupees", the
words "five crore rupees" had been substituted; or';
(6)
in
the Explanation, in clause (ii), after the word "means", the words
"date one month prior to" shall be inserted.
Section 24 - Amendment of section 44DA
In Section 44DA of the
Income-tax Act, in sub-section (2), for the words "and furnish along with
the return of income,", the words, figures and letters "before the
specified date referred to in section 44AB and furnish by that date" shall
be substituted.
Section 25 - Amendment of section 49
In Section 49 of the
Income-tax Act, after sub-section (2AF), the following shall be inserted,
namely:--
'(2AG) The cost of
acquisition of a unit or units in the segregated portfolio shall be the amount
which bears, to the cost of acquisition of a unit or units held by the assessee
in the total portfolio, the same proportion as the net asset value of the asset
transferred to the segregated portfolio bears to the net asset value of the
total portfolio immediately before the segregation of portfolios.
?(2AH) The cost of
the acquisition of the original units held by the unit holder in the main
portfolio shall be deemed to have been reduced by the amount as so arrived at
under sub-section (2AG).
Explanation.--For the purposes of
sub-section (2AG) and sub-section (2AH), the expressions "main
portfolio", "segregated portfolio" and "total
portfolio" shall have the meanings respectively assigned to them in the
circular No. SEBI/HO/IMD/DF2/CIR/P/2018/160, dated the 28th December, 2018,
issued by the Securities and Exchange Board of India under Section
11 of
the Securities and Exchange Board of India Act, 1992 (15 of 1992).'.
Section 26 - Amendment of section 50B
In Section 50B of the
Income-tax Act, in sub-section (3), for the words, brackets and figures
"along with the return of income, a report of an accountant as defined in
the Explanation below sub-section (2) of section 288,", the words,
brackets, figures and letters "a report of an accountant as defined in the
Explanation below sub-section (2) of section 288 before the specified date
referred to in section 44AB" shall be substituted.
Section 27 - Amendment of section 50C
In Section 50C of the
Income-tax Act, in sub-section (1), in the third proviso, for the words
"five per cent.", the words "ten per cent." shall be
substituted with effect from the 1st day of April, 2021.
Section 28 - Amendment of section 55
In Section 55 of the
Income-tax Act, in sub-section (2), in clause (b), after sub-clause (ii), the
following shall be inserted with effect from the 1st day of April, 2021,
namely:--
'Provided that in case of a capital
asset referred to in sub-clauses (i) and (ii), being land or building or both,
the fair market value of such asset on the 1st day of April, 2001 for the
purposes of the said sub-clauses shall not exceed the stamp duty value,
wherever available, of such asset as on the 1st day of April, 2001.
Explanation.--For the purposes of this
proviso, "stamp duty value" means the value adopted or assessed or
assessable by any authority of the Central Government or a State Government for
the purpose of payment of stamp duty in respect of an immovable property.'.
Section 29 - Amendment of section 56
In Section 56 of the
Income-tax Act, in sub-section (2),--
(1)
with
effect from the 1st day of June, 2020,--
(2)
in
clause (v), in the proviso, in clause (g), for the word, figures and letters
"section 12AA", the words, figures and letters "section 12AA or
section 12AB" shall be substituted;
(3)
in
clause (vi), in the proviso, in clause (g), for the word, figures and letters
"section 12AA", the words, figures and letters "section 12AA or
section 12AB" shall be substituted;
(4)
in
clause (vii), in the second proviso, in clause (g), for the word, figures and
letters "section 12AA", the words, figures and letters "section
12AA or section 12AB" shall be substituted;
(5)
in
clause (x),--
(6)
in
sub-clause (b), in item (B), in sub-item (ii), for the words "five per
cent.", the words "ten per cent." shall be substituted with
effect from the 1st day of April, 2021;
(7)
in
the proviso, in clause (VII), for the words, figures and letters "section
12A or section 12AA", the words, figures and letters "section 12A or
section 12AA or section 12AB" shall be substituted with effect from the
1st day of June, 2020.
Section 30 - Amendment of section 57
In Section 57 of the
Income-tax Act, with effect from the 1st day of April, 2021,--
(a)
in
clause (i), for the words, figures and letter "dividends, other than
dividends referred to in section 115-O", the word "dividends"
shall be substituted;
(b)
the
following proviso shall be inserted, namely:--
"Provided that no deduction shall
be allowed from the dividend income, or income in respect of units of a Mutual
Fund specified under clause (23D) of section 10 or income in respect of units
from a specified company defined in the Explanation to clause (35) of section
10, other than deduction on account of interest expense, and in any previous
year such deduction shall not exceed twenty per cent. of the dividend income,
or income in respect of such units, included in the total income for that year,
without deduction under this section.".
Section 31 - Substitution of new section for section 72AA
For Section 72AA of the
Income-tax Act, the following section shall be substituted, namely: '72AA.
Carry forward and set off of accumulated loss and unabsorbed depreciation
allowance in scheme of amalgamation in certain casesNotwithstanding anything
contained in sub-clauses (i) to (iii) of clause (1B) of section 2 or section
72A, where there has been an amalgamation of--
(i)
one
or more banking company with any other banking institution under a scheme
sanctioned and brought into force by the Central Government under sub-section
(7) of Section 45 of the Banking
Regulation Act, 1949 (10 of 1949); or
(ii)
one
or more corresponding new bank or banks with any other corresponding new bank
under a scheme brought into force by the Central Government under Section
9 of
the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5
of 1970) or under Section 9 of the Banking Companies
(Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980) or both, as
the case may be; or
(iii)
one
or more Government company or companies with any other Government company under
a scheme sanctioned and brought into force by the Central Government
under Section 16 of the General
Insurance Business (Nationalisation) Act, 1972 (57 of 1972), the accumulated
loss and the unabsorbed depreciation of such banking company or companies or
amalgamating corresponding new bank or banks or amalgamating Government company
or companies shall be deemed to be the loss or, as the case may be, allowance
for depreciation of such banking institution or amalgamated corresponding new
bank or amalgamated Government company for the previous year in which the
scheme of amalgamation was brought into force and other provisions of this Act
relating to set off and carry forward of loss and allowance for depreciation
shall apply accordingly.
Explanation.--For the purposes of this
section,--
(iv)
"accumulated
loss" means so much of the loss of the amalgamating banking company or
companies or amalgamating corresponding new bank or banks or amalgamating
Government company or companies under the head "Profits and gains of
business or profession" (not being a loss sustained in a speculation
business) which such amalgamating banking company or companies or amalgamating
corresponding new bank or banks or amalgamating Government company or
companies, would have been entitled to carry forward and set off under the
provisions of section 72, if the amalgamation had not taken place;
(v)
"banking
company" shall have the meaning assigned to it in clause (c) of Section
5 of
the Banking Regulation Act, 1949 (10 of 1949);
(vi)
"banking
institution" shall have the meaning assigned to it in sub-section (15)
of Section 45 of the Banking
Regulation Act, 1949 (10 of 1949);
(vii)
"corresponding
new bank" shall have the meaning assigned to it in clause (d) of Section
2 of
the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5
of 1970) or, as the case may be, clause (b) of Section
2 of
the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40
of 1980);
(viii)
"general
insurance business" shall have the meaning assigned to it in clause (g)
of Section 3 of the General Insurance Business
(Nationalisation) Act, 1972 (57 of 1972);
(ix)
"Government
company" means a Government company as defined in clause (45) of Section
2 of
the Companies Act, 2013 (18 of 2013), which is engaged in the general insurance
business and which has come into existence by operation of Section
4 or Section
5 or Section
16 of
the General Insurance Business (Nationalisation) Act, 1972 (57 of 1972);
(x)
"unabsorbed
depreciation" means so much of the allowance for depreciation of the
amalgamating banking company or companies or amalgamating corresponding new
bank or banks or amalgamating Government company or companies which remains to
be allowed and which would have been allowed to such banking company or
companies or amalgamating corresponding new bank or banks or amalgamating
Government company or companies, if the amalgamation had not taken place.'.
Section 32 - Amendment of section 80EEA
In Section 80EEA of the
Income-tax Act, in sub-section (3), in clause (i), for the figures
"2020", the figures "2021" shall be substituted with effect
from the 1st day of April, 2021.
Section 33 - Amendment of section 80G
In Section 80G of the
Income-tax Act, with effect from the 1st day of June, 2020,--
(i)
in
sub-section (5),--
(ii)
in
clause (vi), for the words "approved by the Commissioner in accordance
with the rules made in this behalf; and", the words "approved by the
Principal Commissioner or Commissioner;" shall be substituted;
(iii)
after
sub-clause (vii), the following shall be inserted, namely:--
(iv)
the
institution or fund prepares such statement for such period as may be
prescribed and deliver or cause to be delivered to the prescribed income-tax
authority or the person authorised by such authority such statement in such
form and verified in such manner and setting forth such particulars and within
such time as may be prescribed:
Provided that the institution or fund
may also deliver to the said prescribed authority a correction statement for
rectification of any mistake or to add, delete or update the information
furnished in the statement delivered under this sub-section in such form and
verified in such manner as may be prescribed; and
(v) the institution or
fund furnishes to the donor, a certificate specifying the amount of donation in
such manner, containing such particulars and within such time from the date of
receipt of donation, as may be prescribed:
Provided that the institution or fund
referred to in clause (vi) shall make an application in the prescribed form and
manner to the Principal Commissioner or Commissioner, for grant of approval,--
(vi)
where
the institution or fund is approved under clause (vi) [as it stood immediately
before its amendment by the Finance Act, 2020], within three months from the
date on which this proviso has come into force;
(vii)
?where the institution or fund is approved and
the period of such approval is due to expire, at least six months prior to
expiry of the said period;
(viii)
where
the institution or fund has been provisionally approved, at least six months
prior to expiry of the period of the provisional approval or within six months
of commencement of its activities, whichever is earlier;
(ix)
in
any other case, at least one month prior to commencement of the previous year
relevant to the assessment year from which the said approval is sought:
Provided further that the Principal
Commissioner or Commissioner, on receipt of an application made under the first
proviso, shall,--
(x)
where
the application is made under clause (i) of the said proviso, pass an order in
writing granting it approval for a period of five years;
(xi)
?where the application is made under clause
(ii) or clause (iii) of the said proviso,--
(xii)
call
for such documents or information from it or make such inquiries as he thinks
necessary in order to satisfy himself about?
(xiii)
the
genuineness of activities of such institution or fund; and
(xiv) the fulfillment of
all the conditions laid down in clauses (i) to (v);
(xv)
after
satisfying himself about the genuineness of activities under item (A), and the
fulfillment of all the conditions under item (B), of sub-clause (a),--
(xvi) pass an order in
writing granting it approval for a period of five years; or
(xvii) if he is not so
satisfied, pass an order in writing rejecting such application and also
cancelling its approval after affording it a reasonable opportunity of being
heard;
(xviii)
where
the application is made under clause (iv) of the said proviso, pass an order in
writing granting it approval provisionally for a period of three years from the
assessment year from which the registration is sought, and send a copy of such
order to the institution or fund:
Provided also that the order under
clause (i), sub-clause (b) of clause (ii) and clause (iii) of the first proviso
shall be passed in such form and manner as may be prescribed, before expiry of
the period of three months, six months and one month, respectively, calculated
from the end of the month in which the application was received:
Provided also that the approval granted
under the second proviso shall apply to an institution or fund, where the
application is made under--
(xix) clause (i) of the
first proviso, from the assessment year from which approval was earlier granted
to such institution or fund;
(xx)
clause
(iii) of the first proviso, from the first of the assessment years for which
such institution or fund was provisionally approved;
(xxi) in any other case,
from the assessment year immediately following the financial year in which such
application is made.";
(xxii) in sub-section (5D),
after Explanation 2, the following Explanation shall be inserted, namely:--
"Explanation 2A.--For the removal
of doubts, it is hereby declared that claim of the assessee for a deduction in
respect of any donation made to an institution or fund to which the provisions
of sub-section (5) applies, in the return of income for any assessment year
filed by him, shall be allowed on the basis of information relating to said
donation furnished by the institution or fund to the prescribed income-tax
authority or the person authorised by such authority, subject to verification
in accordance with the risk management strategy formulated by the Board from
time to time.";
(xxiii)
after
sub-section (5D), the following sub-section shall be inserted, namely:--
(xxiv)
All
applications, pending before the Commissioner on which no order has been passed
under clause (vi) of sub-section (5) before the date on which this sub-section
has come into force, shall be deemed to be applications made under clause (iv)
of the first proviso to sub-section (5) on that date.".
Section 34 - Amendment of section 80GGA
In Section 80GGA of the
Income-tax Act, with effect from the 1st day of June, 2020,-
(i)
in
sub-section (2A), for the words "ten thousand rupees", the words
"two thousand rupees" shall be substituted;
(ii)
after
sub-section (4), the following Explanation shall be inserted, namely:-
"Explanation.--For the removal of
doubts, it is hereby declared that the claim of the assessee for a deduction in
respect of any sum referred to in sub-section (2) in the return of income for
any assessment year filed by him, shall be allowed on the basis of information
relating to such sum furnished by the payee to the prescribed income-tax
authority or the person authorised by such authority, subject to verification
in accordance with the risk management strategy formulated by the Board from
time to time.".
Section 35 - Amendment of section 80-IA
In Section 80-IA of the
Income-tax Act, in sub-section (7), for the words "and the assessee
furnishes, along with his return of income", the words, figures and
letters "before the specified date referred to in section 44AB and the
assessee furnishes by that date" shall be substituted.
Section 36 - Amendment of section 80-IAC
In Section 80-IAC of the
Income-tax Act, with effect from the 1st day of April, 2021,-
(i)
in
sub-section (2), for the word "seven", the word "ten" shall
be substituted;
(ii)
in
the Explanation, in clause (ii), in sub-clause (b), for the word
"twenty-five", the words "one hundred" shall be
substituted.
Section 37 - Amendment of section 80-IB
In Section 80-IB of the
Income-tax Act,--
(i)
in
sub-section (7A), in clause (b), for sub-clause (iii), the following sub-clause
shall be substituted, namely:--
(ii)
the
assessee furnishes the report of audit in such form and containing such
particulars, as may be prescribed, duly signed and verified by an accountant,
as defined in the Explanation below sub-section (2) of section 288, before the
specified date referred to in section 44AB, certifying that the deduction has
been correctly claimed.";
(iii)
?in sub-section (7B), in clause (b), for
sub-clause (iii), the following sub-clause shall be substituted, namely:--
(iv)
the
assessee furnishes the report of audit in such form and containing such
particulars, as may be prescribed, duly signed and verified by an accountant,
as defined in the Explanation below sub-section (2) of section 288, before the
specified date referred to in section 44AB, certifying that the deduction has
been correctly claimed.";
(v)
in
sub-section (11 B), for clause (iv), the following clause shall be substituted,
namely:--
(vi)
the
assessee furnishes the report of audit in such form and containing such
particulars, as may be prescribed, duly signed and verified by an accountant,
as defined in the Explanation below sub-section (2) of section 288, before the
specified date referred to in section 44AB, certifying that the deduction has
been correctly claimed.";
(vii)
in
sub-section (11 C), for clause (iv), the following clause shall be substituted,
namely:--
(viii)
the
assessee furnishes the report of audit in such form and containing such
particulars, as may be prescribed, duly signed and verified by an accountant,
as defined in the Explanation below sub-section (2) of section 288, before the
specified date referred to in section 44AB, certifying that the deduction has
been correctly claimed.".
Section 38 - Amendment of section 80-IBA
In Section 80-IBA of the
Income-tax Act, in sub-section (2), in clause (a), for the figures
"2020", the figures "2021" shall be substituted with effect
from the 1st day of April, 2021.
Section 39 - Amendment of section 80JJAA
In Section 80JJAA of the
Income-tax Act, in sub-section (2), in clause (c), for the words, brackets and
figures "along with the return of income the report of the accountant as
defined in the Explanation below sub-section (2) of section 288", the
words, brackets, figures and letters "the report of the accountant, as
defined in the Explanation below sub-section (2) of section 288, before the
specified date referred to in section 44AB" shall be substituted.
Section 40 - Insertion of new section 80M
After Section
80LA of
the Income-tax Act, the following section shall be inserted with effect from
the 1st day of April, 2021, namely: '80M. Deduction in respect of certain
intercorporate dividends
(1)
Where
the gross total income of a domestic company in any previous year includes any
income by way of dividends from any other domestic company or a foreign company
or a business trust, there shall, in accordance with and subject to the
provisions of this section, be allowed in computing the total income of such domestic
company, a deduction of an amount equal to so much of the amount of income by
way of dividends received from such other domestic company or foreign company
or business trust as does not exceed the amount of dividend distributed by it
on or before the due date.
(2)
Where
any deduction, in respect of the amount of dividend distributed by the domestic
company, has been allowed under sub-section (1) in any previous year, no
deduction shall be allowed in respect of such amount in any other previous
year.
Explanation.--For the purposes of this
section, the expression "due date" means the date one month prior to
the date for furnishing the return of income under sub-section (1) of section
139.'.
Section 41 - Amendment of section 90
In Section 90 of the Income-tax
Act, in sub-section (1), in clause (b), after the words "as the case may
be,", the words and brackets "without creating opportunities for
non-taxation or reduced taxation through tax evasion or avoidance (including
through treaty-shopping arrangements aimed at obtaining reliefs provided in the
said agreement for the indirect benefit to residents of any other country or
territory)," shall be inserted with effect from the 1st day of April,
2021.
Section 42 - Amendment of section 90A
In Section 90A of the
Income-tax Act, in sub-section (1), in clause (b), after the words
"specified territory outside India,", the words and brackets
"without creating opportunities for non-taxation or reduced taxation
through tax evasion or avoidance (including through treaty-shopping
arrangements aimed at obtaining reliefs provided in the said
agreement for the indirect benefit to residents of any other country or
territory)," shall be inserted with effect from the 1st day of April,
2021.
Section 43 - Amendment of section 92CB
In Section 92CB of the
Income-tax Act,--
(i)
for
sub-section (1), the following sub-section shall be substituted, namely:--
(ii)
?The determination of?
(a)
income
referred to in clause (i) of sub-section (1) of section 9; or
(b)
arm's
length price under section 92C or section 92CA, shall be subject to safe
harbour rules.";
(iii)
in
sub-section (2), in the Explanation, for the words "the transfer price
declared by the assessee", the words, brackets and figures "the
transfer price or income, deemed to accrue or arise under clause (i) of
sub-section (1) of section 9, as the case may be, declared by the
assessee" shall be substituted.
Section 44 - Amendment of section 92CC
In Section 92CC of the
Income-tax Act,--
(a)
for
sub-section (1), sub-section (2) and sub-section (3), the following
sub-sections shall be substituted, namely:--
(b)
The
Board, with the approval of the Central Government, may enter into an advance
pricing agreement with any person, determining the?
(c)
arm's
length price or specifying the manner in which the arm's length price is to be
determined, in relation to an international transaction to be entered into by
that person;
(d)
income
referred to in clause (i) of sub-section (1) of section 9, or specifying the
manner in which said income is to be determined, as is reasonably attributable
to the operations carried out in India by or on behalf of that person, being a
non-resident.
(e)
The
manner of determination of the arm's length price referred to in clause (a) or
the income referred to in clause (b) of sub-section (1), may include the
methods referred to in sub-section (1) of section 92C or the methods provided
by rules made under this Act, respectively, with such adjustments or
variations, as may be necessary or expedient so to do.
(f)
Notwithstanding
anything contained in section 92C or section 92CA or the methods provided by
rules made under this Act, the arm's length price of any international
transaction or the income referred to in clause (b) of sub-section (1), in
respect of which the advance pricing agreement has been entered into, shall be
determined in accordance with the advance pricing agreement so entered.";
(g)
for
sub-section (9A), the following sub-section shall be substituted, namely:--
(h)
The
agreement referred to in sub-section (1), may, subject to such conditions,
procedure and manner as may be prescribed, provide for determining the?
(i)
arm's
length price or specify the manner in which the arm's length price shall be
determined in relation to the international transaction entered into by the
person;
(j)
income
referred to in clause (i) of sub-section (1) of section 9, or specifying the
manner in which the said income is to be determined, as is reasonably
attributable to the operations carried out in India by or on behalf of that
person, being a non-resident, during any period not
exceeding four previous years preceding the first of the previous years
referred to in sub-section (4), and the arm's length price of such
international transaction or the income of such person shall be determined in
accordance with the said agreement.".
Section 45 - Amendment of section 92F
In Section 92F of the
Income-tax Act, for clause (iv), the following clause shall be substituted,
namely:--
'(iv) "specified
date" means the date one month prior to the due date for furnishing the
return of income under sub-section (1) of section 139 for the relevant
assessment year;'.
Section 46 - Amendment of section 94B
In Section 94B of the
Income-tax Act, after sub-section (1), the following sub-section shall be
inserted with effect from the 1st day of April, 2021, namely:--
"(1A) Nothing
contained in sub-section (1) shall apply to interest paid in respect of a debt
issued by a lender which is a permanent establishment in India of a
non-resident, being a person engaged in the business of banking.".
Section 47 - Amendment of section 115A
In Section 115A of the
Income-tax Act,--
(i)
in
sub-section (1), in clause (a), with effect from the 1st day of April, 2021,--
(ii)
the
words, figures and letter "other than dividends referred to in section
115-O" at both the places where they occur, shall be omitted;
(iii)
in
the long line, for clause (BA), the following clause shall be substituted,
namely:--
(iv)
the
amount of income-tax calculated on the amount of income by way of interest
referred to in,--
(v)
sub-clause
(iia), if any, included in the total income, at the rate of five per cent.;
(vi)
sub-clause
(iiaa) or sub-clause (iiab) or sub-clause (iiac), if any, included in the total
income, at the rate provided in the respective sections referred to in the said
sub-clauses;";
(vii)
in
sub-section (5),--
(viii)
in
clause (a), for the word, brackets and letter "clause (a)", the
words, brackets and letters "clause (a) or clause (b)" shall be
substituted;
(ix)
for
clause (b), the following clause shall be substituted, namely:--
(x)
the
tax deductible at source under the provisions of Part B of Chapter XVII has
been deducted from such income and the rate of such deduction is not less than
the rate specified under clause (a) or, as the case may be, clause (b) of
sub-section (1).".
Section 48 - Amendment of section 115AC
In Section 115AC of the
Income-tax Act, for the words, figures and letter "dividends, other than
dividends referred to in section 115-O" wherever they occur, the word
"dividends" shall be substituted with effect from the 1st day of
April, 2021.
Section 49 - Amendment of section 115ACA
In Section 115ACA of the
Income-tax Act, for the words, figures and letter "dividends, other than
dividends referred to in section 115-O" wherever they occur, the word
"dividends" shall be substituted with effect from the 1st day of
April, 2021.
Section 50 - Amendment of section 115AD
In Section 115AD of the
Income-tax Act, in sub-section (1), in clause (a), the words, figures and
letter "other than income by way of dividends referred to in section
115-O" shall be omitted with effect from the 1st day of April, 2021.
Section 51 - Amendment of section 115BAA
In Section 115BAA of the
Income-tax Act, in sub-section (2), in clause (i), for the words, figures and
letters 'Chapter VI-A under the heading "C.--
Deductions in respect of certain
incomes" other than the provisions of Section 80JJAA', the words, figures
and letters "Chapter VI-A other than the provisions of section 80JJAA or
section 80M" shall be substituted with effect from the 1st day of April,
2021.
Section 52 - Amendment of section 115BAB
In Section 115BAB of the
Income-tax Act, in sub-section (2),--
(i) in clause (c), in
sub-clause (i), for the words, figures and letters 'Chapter VI-A under the
heading "C.?
Deductions in respect of certain
incomes" other than the provisions of section 80JJAA', the words, figures
and letters "Chapter VI-A other than the provisions of section 80JJAA or
section 80M" shall be substituted with effect from the 1st day of April,
2021;
(ii) after clause (c), the
following Explanation shall be inserted, namely:--
'Explanation.--For the purposes of
clause (b), the "business of manufacture or production of any article or
thing" shall include the business of generation of electricity.'.
Section 53 - Insertion of new sections 115BAC and 115BAD
After Section
115BAB of
the Income-tax Act, the following sections shall be inserted with effect from
the 1st day of April, 2021, namely: '115BAC. Tax on income of individuals and
Hindu undivided family
(1) Notwithstanding
anything contained in this Act but subject to the provisions of this Chapter,
the income-tax payable in respect of the total income of a person, being an
individual or a Hindu undivided family, for any previous year relevant to the
assessment year beginning on or after the 1st day of April, 2021, shall, at the
option of such person, be computed at the rate of tax given in the following
Table, if the conditions contained in sub-section (2) are satisfied, namely:--
TABLE
Sl. No. |
Total income |
Rate of tax |
(1) |
(2) |
(3) |
1. |
Up to Rs. 2,50,000 |
Nil |
2. |
From Rs. 2,50,001 to Rs. 5,00,000 |
5 per cent. |
3. |
From Rs. 5,00,001 to Rs. 7,50,000 |
10 per cent. |
4. |
From Rs. 7,50,001 to Rs. 10,00,000 |
15 per cent. |
5. |
From Rs. 10,00,001 to Rs. 12,50,000 |
20 per cent. |
6. |
From Rs. 12,50,001 to Rs. 15,00,000 |
25 per cent. |
7. |
Above Rs. 15,00,000 |
30 per cent.: |
Provided that where the person fails to
satisfy the conditions contained in sub-section (2) in any previous year, the
option shall become invalid in respect of the assessment year relevant to that
previous year and other provisions of this Act shall apply, as if the option
had not been exercised for the assessment year relevant to that previous year:
Provided further that where the option
is exercised under clause (i) of sub-section (5), in the event of failure to
satisfy the conditions contained in sub-section (2), it shall become invalid
for subsequent assessment years also and other provisions of this Act shall
apply for those years accordingly.
(2)
For
the purposes of sub-section (1), the total income of the individual or Hindu
undivided family shall be computed,--
(3)
without
any exemption or deduction under the provisions of clause (5) or clause (13A)
or prescribed under clause (14) (other than those as may be prescribed for this
purpose) or clause (17) or clause (32), of section 10 or section 10AA or
section 16 or clause (b) of section 24 (in respect of the property referred to
in sub-section (2) of section 23) or clause (iia) of sub-section (1) of section
32 or section 32AD or section 33AB or section 33ABA or sub-clause (ii) or
sub-clause (iia) or sub-clause (iii) of sub-section (1) or sub-section (2AA) of
section 35 or section 35AD or section 35CCC or clause (iia) of section 57 or
under any of the provisions of Chapter VI-A other than the provisions of
sub-section (2) of section 80CCD or section 80JJAA;
(4)
without
set off of any loss,--
(a)
carried
forward or depreciation from any earlier assessment year, if such loss or depreciation
is attributable to any of the deductions referred to in clause (i);
(b)
under
the head "Income from house property" with any other head of income;
(5)
by
claiming the depreciation, if any, under any provision of section 32, except
clause (iia) of sub-section (1) of the said section, determined in such manner
as may be prescribed; and
(6)
without
any exemption or deduction for allowances or perquisite, by whatever name
called, provided under any other law for the time being in force.
(7)
The
loss and depreciation referred to in clause (ii) of sub-section (2) shall be
deemed to have been given full effect to and no further deduction for such loss
or depreciation shall be allowed for any subsequent year:
Provided that where there is a
depreciation allowance in respect of a block of assets which has not been given
full effect to prior to the assessment year beginning on the 1st day of April,
2021, corresponding adjustment shall be made to the written down value of such
block of assets as on the 1st day of April, 2020 in the prescribed manner, if
the option under sub-section (5) is exercised for a previous year relevant to
the assessment year beginning on the 1st day of April, 2021.
(8) In case of a person,
having a Unit in the International Financial Services Centre, as referred to in
sub-section (1A) of section 80LA, which has exercised option under sub-section
(5), the conditions contained in sub-section (2) shall be modified to the
extent that the deduction under section 80LA shall be available to such Unit
subject to fulfillment of the conditions contained in the said section.
Explanation.--For the purposes of this
sub-section, the term "Unit" shall have the meaning assigned to it in
clause (zc) of Section 2 of the Special Economic Zones
Act, 2005 (28 of 2005).
(9)
Nothing
contained in this section shall apply unless option is exercised in the
prescribed manner by the person,--
(i)
having
income from business or profession, on or before the due date specified under
sub-section (1) of section 139 for furnishing the returns of income for any
previous year relevant to the assessment year commencing on or after the 1st
day of April, 2021, and such option once exercised shall apply to subsequent
assessment years;
(ii)
having
income other than the income referred to in clause (i), along with the return
of income to be furnished under sub-section (1) of section 139 for a previous
year relevant to the assessment year:
Provided that the option under clause
(i), once exercised for any previous year can be withdrawn only once for a
previous year other than the year in which it was exercised and thereafter, the
person shall never be eligible to exercise option under this section, except
where such person ceases to have any income from business or profession in
which case, option under clause (ii) shall be available.115BAD. Tax on income
of certain resident cooperative societies
(10) Notwithstanding
anything contained in this Act but subject to the provisions of this Chapter,
the income-tax payable in respect of the total income of a person, being a
co-operative society resident in India, for any previous year relevant to the
assessment year beginning on or after the 1st day of April, 2021, shall, at the
option of such person, be computed at the rate of twenty-two per cent., if the
conditions contained in sub-section (2) are satisfied:
Provided that where the person fails to
satisfy the conditions contained in sub-section (2) in computing its income in
any previous year, the option shall become invalid in respect of the assessment
year relevant to that previous year and subsequent assessment years and other
provisions of the Act shall apply, as if the option had not been exercised for
the assessment year relevant to that previous year and subsequent assessment
years.
(11)
For
the purposes of sub-section (1), the total income of the co-operative society
shall be computed,--
(i)
without
any deduction under the provisions of section 10AA or clause (iia) of
sub-section (1) of section 32 or section 32AD or section 33AB or section 33ABA
or sub-clause (ii) or sub-clause (iia) or sub-clause (iii) of sub-section (1)
or sub-section (2AA) of section 35 or section 35AD or section 35CCC or under
any of the provisions of Chapter VI-A other than the provisions of section
80JJAA;
(ii)
without
set off of any loss carried forward or depreciation from any earlier assessment
year, if such loss or depreciation is attributable to any of the deductions
referred to in clause (i); and
(iii)
by
claiming the depreciation, if any, under section 32, other than clause (iia) of
sub-section (1) of the said section, determined in such manner as may be
prescribed.
(12)
The
loss and depreciation referred to in clause (ii) of sub-section (2) shall be
deemed to have been given full effect to and no further deduction for such loss
or depreciation shall be allowed for any subsequent year:
Provided that where there is a
depreciation allowance in respect of a block of assets which has not been given
full effect to prior to the assessment year beginning on the 1st day of April,
2021, corresponding adjustment shall be made to the written down value of such
block of assets as on the 1st day of April, 2020 in such manner as may be
prescribed, if the option under sub-section (5) is exercised for a previous
year relevant to the assessment year beginning on the 1st day of April, 2021.
(13) In case of a person,
having a Unit in the International Financial Services Centre, as referred to in
sub-section (1A) of section 80LA, which has exercised option under sub-section
(5), the conditions contained in sub-section (2) shall be modified to the
extent that the deduction under the said section shall be available to such
Unit subject to fulfillment of the conditions contained in that section.
Explanation.--For the purposes of this
sub-section, the term "Unit" shall have the meaning assigned to it in
clause (zc) of section 2 of the Special Economic Zones
Act, 2005 (28 of 2005).
(14) Nothing contained in
this section shall apply unless option is exercised by the person in such
manner as may be prescribed on or before the due date specified under
sub-section (1) of section 139 for furnishing the return of income for any
previous year relevant to the assessment year commencing on or after the 1st
day of April, 2021 and such option once exercised shall apply to subsequent
assessment years:
Provided that once the option has been
exercised for any previous year, it cannot be subsequently withdrawn for the
same or any other previous year.'.
Section 54 - Amendment of section 115BBDA
In Section 115BBDA of the
Income-tax Act,--
(a)
in
sub-section (1), for the words "or companies", the words, figures and
letters "or companies on or before the 31st day of March, 2020" shall
be substituted with effect from the 1st day of April, 2021;
(b)
in
the Explanation, in clause (b), in sub-clause (iii), for the words, figures and
letters "under section 12A or section 12AA", the words, figures and
letters "under section 12A or section 12AA or section 12AB" shall be
substituted with effect from the 1st day of June, 2020.
Section 55 - Amendment of section 115C
In Section 115C of the
Income-tax Act, in clause (c), the words, figures and letter "other than
dividends referred to in section 115-O" shall be omitted with effect from
the 1st day of April, 2021.
Section 56 - Amendment of section 115JB
In Section 115JB of the
Income-tax Act, in sub-section (4), for the words, brackets and figures
"along with the return of income filed under sub-section (1) of section
139", the words, figures and letters "before the specified date
referred to in section 44AB" shall be substituted.
Section 57 - Amendment of section 115JC
In Section 115JC of the
Income-tax Act,--
(i)
in
sub-section (3), for the portion beginning with the words "in such
form" and ending with the word and figures "section 139", the
words, figures and letters "before the specified date referred to in
section 44AB, in such form as may be prescribed, from an accountant referred to
in the Explanation below sub-section (2) of section 288, certifying that the
adjusted total income and the alternate minimum tax have been computed in
accordance with the provisions of this Chapter and furnish such report by that
date" shall be substituted;
(ii)
after
sub-section (4), the following sub-section shall be inserted, with effect from
the 1st day of April, 2021, namely:--
(iii)
The
provisions of this section shall not apply to a person who has exercised the
option referred to in section 115BAC or section 115BAD.".
Section 58 - Amendment of section 115JD
In Section 115JD of the
Income-tax Act, after sub-section (6), the following sub-section shall be
inserted, with effect from the 1st day of April, 2021, namely:--
"(7) The
provisions of this section shall not apply to a person who has exercised the
option referred to in section 115BAC or section 115BAD.".
Section 59 - Amendment of section 115-O
In Section 115-O of the
Income-tax Act, in sub-section (1), after the words, figures and letters
"on or after the 1st day of April, 2003", the words, figures and
letters "but on or before the 31st day of March, 2020" shall be inserted
with effect from the 1st day of April, 2021.
Section 60 - Amendment of section 115R
In Section 115R of the
Income-tax Act, in sub-section (2), after the words "or a Mutual Fund to
its unit holders", the words, figures and letters "on or before the
31st day of March, 2020" shall be inserted with effect from the 1st day of
April, 2021.
Section 61 - Amendment of section 115TD
In Section 115TD of the
Income-tax Act, for the words, figures and letters "under section
12AA" wherever they occur, the words, figures and letters "under
section 12AA or section 12AB" shall be substituted with effect from the
1st day of June, 2020.
Section 62 - Amendment of section 115UA
In Section 115UA of the
Income-tax Act, in sub-section (3), the words, brackets and letter "sub-clause
(a) of" shall be omitted with effect from the 1st day of April, 2021.
Section 63 - Amendment of section 115VW
In Section 115VW of the
Income-tax Act, in clause (ii), for the words "along with the return of
income for that previous year", the words, figures and letters
"before the specified date referred to in section 44AB" shall be
substituted.
Section 64 - Insertion of new section 119A
After Section
119 of
the Income-tax Act, the following section shall be inserted, namely:--
"119A. Taxpayer's
CharterThe Board shall adopt and declare a Taxpayer's Charter and issue such
orders, instructions, directions or guidelines to other income-tax authorities
as it may deem fit for the administration of such Charter.".
Section 65 - Amendment of section 133A
In Section 133A of the
Income-tax Act, after sub-section (6), for the proviso, the following proviso
shall be substituted, namely:--
"Provided that--
(a)
in
a case where the information has been received from such authority, as may be
prescribed, no action under sub-section (1) shall be taken by an Assistant
Director or a Deputy Director or an Assessing Officer or a Tax Recovery Officer
or an Inspector of Income-tax without obtaining the approval of the Joint
Director or the Joint Commissioner, as the case may be;
(b)
in
any other case, no action under sub-section (1) shall be taken by a Joint
Director or a Joint Commissioner or an Assistant Director or a Deputy Director
or an Assessing Officer or a Tax Recovery Officer or an Inspector of Income-tax
without obtaining the approval of the Director or the Commissioner, as the case
may be.".
Section 66 - Amendment of section 139
In Section 139 of the
Income-tax Act, in sub-section (1), in Explanation 2, in clause (a),--
(a)
in
sub-clause (iii), the word "working" shall be omitted;
(b)
in
the long line, for the figures, letters and words "30th day of
September", the figures, letters and words "31st day of October"
shall be substituted.
Section 67 - Amendment of section 140
In Section 140 of the Income-tax
Act,--
(i)
in
clause (c), after the words "by any director thereof", the words
"or any other person, as may be prescribed for this purpose" shall be
inserted;
(ii)
in
clause (cd), after the words "by any partner thereof", the words
"or any other person, as may be prescribed for this purpose" shall be
inserted.
Section 68 - Amendment of section 140A
In Section 140A of the
Income-tax Act, in sub-section (1),--
(a)
in
clause (iv), the word "and" occurring at the end shall be omitted;
(b)
in
clause (v), for the word, figures and letters "section 115JD,", the
words, figures and letters "section 115JD; and" shall be substituted;
(c)
after
clause (v), the following clause shall be inserted, namely:--
(d)
any
tax or interest payable according to the provisions of sub-section (2) of
section 191,".
Section 69 - Amendment of section 143
In Section 143 of the
Income-tax Act,--
(a)
in
sub-section (3A), after the word, brackets and figure "sub-section
(3)", the words and figures "or section 144" shall be inserted;
(b)
in
sub-section (3B), in the proviso, for the figures, letters and words "31st
day of March, 2020", the figures, letters and words "31st day of
March, 2022" shall be substituted.
Section 70 - Amendment of section 144C
In Section 144C of the
Income-tax Act,--
(a)
in
sub-section (1), the words "in the income or loss returned" shall be
omitted;
(b)
in
sub-section (15), in clause (b), for sub-clause (ii), the following sub-clause
shall be substituted, namely:--
(c)
any
non-resident not being a company, or any foreign company.".
Section 71 - Amendment of section 156
Section 156 of the
Income-tax Act shall be renumbered as sub-section (1) thereof and after
sub-section (1) as so renumbered, the following sub-section shall be inserted,
namely:--
"(2) Where the
income of the assessee of any assessment year, beginning on or after the 1st
day of April, 2021, includes income of the nature specified in clause (vi) of
sub-section (2) of section 17 and such specified security or sweat equity
shares referred to in the said clause are allotted or transferred directly or
indirectly by the current employer, being an eligible start-up referred to in
section 80-IAC, the tax or interest on such income included in the notice of
demand referred to in sub-section (1) shall be payable by the assessee within
fourteen days--
(i)
after
the expiry of forty-eight months from the end of the relevant assessment year;
or
(ii)
from
the date of the sale of such specified security or sweat equity share by the
assessee; or
(iii)
from
the date of the assessee ceasing to be the employee of the employer who
allotted or transferred him such specified security or sweat equity share, whichever
is the earliest.".
Section 72 - Amendment of section 191
Section 191 of the
Income-tax Act shall be renumbered as sub-section (1) thereof and after
sub-section (1) as so renumbered, the following sub-section shall be inserted,
namely:--
"(2) For the
purposes of paying income-tax directly by the assessee under sub-section (1),
if the income of the assessee in any assessment year, beginning on or after the
1st day of April, 2021, includes income of the nature specified in clause (vi)
of sub-section (2) of section 17 and such specified security or sweat equity
shares referred to in the said clause are allotted or transferred directly or
indirectly by the current employer, being an eligible start-up referred to in
section 80-IAC, the income-tax on such income shall be payable by the assessee
within fourteen days--
(i)
after
the expiry of forty-eight months from the end of the relevant assessment year;
or
(ii)
from
the date of the sale of such specified security or sweat equity share by the
assessee; or
(iii)
from
the date of the assessee ceasing to be the employee of the employer who
allotted or transferred him such specified security or sweat equity share, whichever
is the earliest.".
Section 73 - Amendment of section 192
In Section 192 of the
Income-tax Act, after sub-section (1B), the following sub-section shall be
inserted, namely:--
"(1C) For the
purposes of deducting or paying tax under sub-section (1) or sub-section (1A),
as the case may be, a person, being an eligible start-up referred to in section
80-IAC, responsible for paying any income to the assessee being perquisite of
the nature specified in clause (vi) of sub-section (2) of section 17 in any previous
year relevant to the assessment year, beginning on or after the 1st day of
April, 2021, shall deduct or pay, as the case may be, tax on such income within
fourteen days--
(i)
after
the expiry of forty-eight months from the end of the relevant assessment year;
or
(ii)
from
the date of the sale of such specified security or sweat equity share by the
assessee; or
(iii)
from
the date of the assessee ceasing to be the employee of the person, whichever
is the earliest, on the basis of rates in force for the financial year in which
the said specified security or sweat equity share is allotted or
transferred.".
Section 74 - Amendment of section 194
In Section 194 of the
Income-tax Act,--
(i)
for
the words "in cash or before issuing any cheque or warrant", the
words "by any mode" shall be substituted;
(ii)
for
the words "at the rates in force", the words "at the rate of ten
per cent." shall be substituted;
(iii)
in
the first proviso,--
(iv)
in
clause (a), for the words "an account payee cheque", the words
"any mode other than cash" shall be substituted;
(v)
in
clause (b), for the words "two thousand five hundred rupees", the
words "five thousand rupees" shall be substituted;
(vi)
the
third proviso shall be omitted.
Section 75 - Amendment of section 194A
In Section 194A of the Income-tax
Act,--
(i)
in
sub-section (1), in the proviso, for the words, brackets, letters and figures
"the monetary limits specified under clause (a) or clause (b) of section
44AB", the words "one crore rupees in case of business or fifty lakh
rupees in case of profession" shall be substituted;
(ii)
in
sub-section (3),--
(iii)
?in clause (i), the Explanation shall be
omitted;
(iv)
?in clause (iii), after sub-clause (f), the
following proviso shall be inserted, namely:--
"Provided that no notification
under this sub-clause shall be issued on or after the 1st day of April,
2020.";
(v) after clause (xi) and
before Explanation 1, the following proviso shall be inserted, namely:--
"Provided that a co-operative
society referred to in clause (v) or clause (viia) shall be liable to deduct
income-tax in accordance with the provisions of sub-section (1), if--
(a)
the
total sales, gross receipts or turnover of the co-operative society exceeds
fifty crore rupees during the financial year immediately preceding the
financial year in which the interest referred to in sub-section (1) is credited
or paid; and
(b)
the
amount of interest, or the aggregate of the amounts of such interest, credited
or paid, or is likely to be credited or paid, during the financial year is more
than fifty thousand rupees in case of payee being a senior citizen and forty
thousand rupees in any other case.";
(vi)
after
Explanation 1, the following Explanation shall be inserted, namely:-
'Explanation 2.--For the purposes of
this sub-section, "senior citizen" means an individual resident in
India who is of the age of sixty years or more at any time during the relevant
previous year.';
(vii)
after
sub-section (4), the following sub-section shall be inserted, namely:--
(viii)
The
Central Government may, by notification in the Official Gazette, provide that
the deduction of tax shall not be made or shall be made at such lower rate,
from such payment to such person or class of persons, as may be specified in
the said notification.".
Section 76 - Amendment of section 194C
In Section 194C of the
Income-tax Act, in the Explanation,--
(i)
in
clause (i), in sub-clause (l), in item (B), for the words, brackets, letters
and figures "is liable to audit of accounts under clause (a) or clause (b)
of section 44AB", the words "has total sales, gross receipts or
turnover from business or profession carried on by him exceeding one crore
rupees in case of business or fifty lakh rupees in case of profession"
shall be substituted;
(ii)
in
clause (iv),--
(iii)
for
sub-clause (e), the following sub-clause shall be substituted, namely:--
(iv)
?manufacturing or supplying a product according
to the requirement or specification of a customer by using material purchased
from such customer or its associate, being a person placed similarly in
relation to such customer as is the person placed in relation to the assessee
under the provisions contained in clause (b) of sub-section (2) of section
40A,";
(v)
in
the long line, after the words "other than such customer", the words
"or associate of such customer" shall be inserted.
Section 77 - Amendment of section 194H
In Section 194H of the
Income-tax Act, in the second proviso, for the words, brackets, letters and
figures "the monetary limits specified under clause (a) or clause (b) of
section 44AB", the words "one crore rupees in case of business or
fifty lakh rupees in case of profession" shall be substituted.
Section 78 - Amendment of section 194-I
In Section 194-Iof the Income-tax
Act, in the second proviso, for the words, brackets, letters and figures
"the monetary limits specified under clause (a) or clause (b) of section
44AB", the words "one crore rupees in case of business or fifty lakh
rupees in case of profession" shall be substituted.
Section 79 - Amendment of section 194J
In Section 194J of the
Income-tax Act, in sub-section (1),--
(a)
in
the long line, for the words "ten per cent. of such sum", the words
and brackets "two per cent. of such sum in case of fees for technical
services (not being a professional services, or royalty where such royalty is
in the nature of consideration for sale, distribution or exhibition of
cinematographic films and ten per cent. of such sum in other cases," shall
be substituted;
(b)
in
the second proviso, for the words, brackets, letters and figures "the
monetary limits specified under clause (a) or clause (b) of section 44AB",
the words "one crore rupees in case of business or fifty lakh rupees in
case of profession" shall be substituted.
Section 80 - Insertion of new section 194K
After Section
194J of
the Income-tax Act, the following section shall be inserted, namely: '194K.
Income in respect of unitsAny person responsible for paying to a resident any
income in respect of--
(i)
units
of a Mutual Fund specified under clause (23D) of section 10; or
(ii)
units
from the Administrator of the specified undertaking; or
(iii)
units
from the specified company, shall, at the time of
credit of such income to the account of the payee or at the time of payment
thereof by any mode, whichever is earlier, deduct income-tax thereon at the
rate of ten per cent.:
Provided that the provisions of this
section shall not apply--
(iv)
where
the amount of such income or, as the case may be, the aggregate of the amounts
of such income credited or paid or likely to be credited or paid during the
financial year by the person responsible for making the payment to the account
of, or to, the payee does not exceed five thousand rupees; or
(v)
if
the income is of the nature of capital gains.
Explanation 1.--For the purposes of
this section,--
(vi)
"Administrator"
means the Administrator as referred to in clause (a) of Section
2 of
the Unit Trust of India (Transfer of Undertaking and Repeal) Act, 2002 (58 of
2002);
(vii)
"specified
company" means a company as referred to in clause (h) of Section
2 of
the Unit Trust of India (Transfer of Undertaking and Repeal) Act, 2002 (58 of
2002);
(viii)
"specified
undertaking" shall have the meaning assigned to it in clause (i) of section
2 of
the Unit Trust of India (Transfer of Undertaking and Repeal) Act, 2002 (58 of
2002).
Explanation 2.--For the removal of
doubts, it is hereby clarified that where any income referred to in this
section is credited to any account, whether called "suspense account"
or by any other name, in the books of account of the person liable to pay such
income, such crediting shall be deemed to be the credit of such income to the
account of the payee and the provisions of this section shall apply
accordingly.'.
Section 81 - Amendment of section 194LBA
In Section 194LBA of the
Income-tax Act,--
(a)
the
words, brackets and letter "sub-clause (a) of" at both the places
where they occur shall be omitted;
(b)
in
sub-section (2), for the words "five per cent.", the words, brackets
and letters "five per cent. in case of income of the nature referred to in
sub-clause (a) and ten per cent. in case of income of the nature referred to in
sub-clause (b), of the said clause" shall be substituted;
(c)
after
sub-section (2), the following sub-section shall be inserted, namely:-
(d)
Nothing
contained in sub-sections (1) and (2) shall apply in respect of income of the
nature referred to in sub-clause (b) of clause (23FC) of section 10, if the
special purpose vehicle referred to in the said clause has not exercised the
option under section 115BAA.".
Section 82 - Amendment of section 194LC
In Section 194LC of the
Income-tax Act,--
(i) in sub-section (1),
the following proviso shall be inserted, namely:--
"Provided that in case of income
by way of interest referred to clause (ib) of sub-section (2), the income-tax
shall be deducted at the rate of four per cent.";
(ii)
in
sub-section (2),--
(iii)
in
clause (i), in sub-clause (a) and sub-clause (c), for the figures
"2020", the figures "2023" shall be substituted;
(iv)
?in clause (ia), for the figures and word
"2020, and", the figures and word "2023, or" shall be
substituted;
(v)
after
clause (ia), the following clause shall be inserted, namely:--
(vi)
in
respect of monies borrowed by it from a source outside India by way of issue of
any long-term bond or rupee denominated bond on or after the 1st day of April,
2020 but before the 1st day of July, 2023, which is listed only on a recognised
stock exchange located in any International Financial Services Centre,
and";
(vii)
?in the Explanation, after clause (b), the
following clauses shall be inserted, namely:--
(viii)
"International
Financial Services Centre" shall have the meaning assigned to it in clause
(q) of Section 2 of the Special Economic Zones
Act, 2005 (28 of 2005);
(ix)
"recognised
stock exchange" shall have the meaning assigned to it in clause (ii) of
Explanation 1 to clause (5) of section 43.'.
Section 83 - Amendment of section 194LD
In Section 194LD of the
Income-tax Act,--
(i)
for
sub-section (2), the following sub-section shall be substituted, namely:--
(ii)
The
income by way of interest referred to in sub-section (1) shall be the interest payable,--
(iii)
on
or after the 1st day of June, 2013 but before the 1st day of July, 2023 in
respect of the investment made by the payee in?
(iv)
a
rupee denominated bond of an Indian company; or
(v)
?a Government security;
(vi)
on
or after the 1st day of April, 2020 but before the 1st day of July, 2023 in
respect of the investment made by the payee in municipal debt securities:
Provided that the rate of interest in
respect of bond referred to in sub-clause (i) of clause (a) shall not exceed
the rate as the Central Government may, by notification in the Official
Gazette, specify.";
(vii)
in
the Explanation, after clause (b), the following clause shall be inserted,
namely:--
(viii)
"municipal
debt securities" shall have the meaning assigned to it in clause (m) of
sub-regulation (1) of regulation 2 of the Securities and Exchange Board of
India (Issue and Listing of Municipal Debt Securities) Regulations, 2015 made
under the Securities and Exchange Board of India Act, 1992 (15 of 1992);'.
Section 84 - Substitution of new section for section 194N
For Section 194N of the
Income-tax Act, the following section shall be substituted with effect from the
1st day of July, 2020, namely: "194N. Payment of certain amounts in
cashEvery person, being,--
(i)
a
banking company to which the Banking Regulation Act, 1949 (10 of 1949) applies
(including any bank or banking institution referred to in Section
51 of
that Act);
(ii)
a
co-operative society engaged in carrying on the business of banking; or
(iii)
a
post office, who is responsible for paying any sum, being
the amount or the aggregate of amounts, as the case may be, in cash exceeding
one crore rupees during the previous year, to any person (herein referred to as
the recipient) from one or more accounts maintained by the recipient with it
shall, at the time of payment of such sum, deduct an amount equal to two per
cent. of such sum, as income-tax:
Provided that in case of a recipient
who has not filed the returns of income for all of the three assessment years
relevant to the three previous years, for which the time limit of file return
of income under sub-section (1) of section 139 has expired, immediately
preceding the previous year in which the payment of the sum is made to him, the
provision of this section shall apply with the modification that--
(iv)
the
sum shall be the amount or the aggregate of amounts, as the case may be, in
cash exceeding twenty lakh rupees during the previous year; and
(v)
?the deduction shall be?
(vi)
an
amount equal to two per cent. of the sum where the amount or aggregate of
amounts, as the case may be, being paid in cash exceeds twenty lakh rupees
during the previous year but does not exceed one crore rupees; or
(vii)
an
amount equal to five per cent. of the sum where the amount or aggregate of
amounts, as the case may be, being paid in cash exceeds one crore rupees during
the previous year:
Provided further that the Central
Government may specify in consultation with the Reserve Bank of India, by
notification in the Official Gazette, the recipient in whose case the first
proviso shall not apply or apply at reduced rate, if such recipient satisfies
the conditions specified in such notification:
Provided also that nothing contained in
this section shall apply to any payment made to--
(viii)
the
Government;
(ix)
any
banking company or co-operative society engaged in carrying on the business of
banking or a post office;
(x)
any
business correspondent of a banking company or co-operative society engaged in
carrying on the business of banking, in accordance with the guidelines issued
in this regard by the Reserve Bank of India under the Reserve Bank of India
Act, 1934 (2 of 1934);
(xi)
any
white label automated teller machine operator of a banking company or
co-operative society engaged in carrying on the business of banking, in
accordance with the authorisation issued by the Reserve Bank of India under the
Payment and Settlement Systems Act, 2007 (51 of 2007):
Provided also that the Central
Government may specify in consultation with the Reserve Bank of India, by
notification in the Official Gazette, the recipient in whose case the provision
of this section shall not apply or apply at reduced rate, if such recipient
satisfies the conditions specified in such notification.
Section 85 - Insertion of new section 194-O
After Section
194N of
the Income-tax Act, the following section shall be inserted with effect from
the 1st day of October, 2020, namely: '194-O. Payment of certain sums by
e-commerce operator to e-commerce participant
(1) Notwithstanding
anything to the contrary contained in any of the provisions of Part B of this
Chapter, where sale of goods or provision of services of an e-commerce
participant is facilitated by an e-commerce operator through its digital or
electronic facility or platform (by whatever name called), such e-commerce operator
shall, at the time of credit of amount of sale or services or both to the
account of an e-commerce participant or at the time of payment thereof to such
e-commerce participant by any mode, whichever is earlier, deduct income-tax at
the rate of one per cent. of the gross amount of such sales or services or
both.
Explanation.--For the purposes of this
sub-section, any payment made by a purchaser of goods or recipient of services
directly to an e-commerce participant for the sale of goods or provision of services
or both, facilitated by an e-commerce operator, shall be deemed to be the
amount credited or paid by the e-commerce operator to the e-commerce
participant and shall be included in the gross amount of such sale or services
for the purpose of deduction of income-tax under this sub-section.
(2)
No
deduction under sub-section (1) shall be made from any sum credited or paid or
likely to be credited or paid during the previous year to the account of an
e-commerce participant, being an individual or Hindu undivided family, where
the gross amount of such sale or services or both during the previous year does
not exceed five lakh rupees and such e-commerce participant has furnished his
Permanent Account Number or Aadhaar number to the e-commerce operator.
(3)
Notwithstanding
anything contained in Part B of this Chapter, a transaction in respect of which
tax has been deducted by the e-commerce operator under sub-section (1), or
which is not liable to deduction under sub-section (2), shall not be liable to
tax deduction at source under any other provision of this Chapter:
Provided that the provisions of this
sub-section shall not apply to any amount or aggregate of amounts received or
receivable by an e-commerce operator for hosting advertisements or providing
any other services which are not in connection with the sale or services
referred to in sub-section (1).
(4)
If
any difficulty arises in giving effect to the provisions of this section, the
Board may, with the approval of the Central Government, issue guidelines for the
purpose of removing the difficulty.
(5)
Every
guideline issued by the Board under sub-section (4) shall be laid before each
House of Parliament, and shall be binding on the income-tax authorities and on
the e-commerce operator.
(6)
For
the purposes of this section, e-commerce operator shall be deemed to be the
person responsible for paying to e-commerce participant.
Explanation.--For the purposes of this
section,--
(a)
"electronic
commerce" means the supply of goods or services or both, including digital
products, over digital or electronic network;
(b)
"e-commerce
operator" means a person who owns, operates or manages digital or
electronic facility or platform for electronic commerce;
(c)
"e-commerce
participant" means a person resident in India selling goods or providing
services or both, including digital products, through digital or electronic
facility or platform for electronic commerce;
(d)
"services"
includes "fees for technical services" and fees for
"professional services", as defined in the Explanation to section
194J.'.
Section 86 - Amendment of section 195
In Section 195 of the
Income-tax Act, in sub-section (1), the second proviso shall be omitted.
Section 87 - Amendment of section 196A
In Section 196A of the
Income-tax Act, in sub-section (1),--
(a)
for
the words "of the Unit Trust of India", the words, brackets and
figures "from the specified company referred to in the Explanation to
clause (35) of section 10" shall be substituted;
(b)
for
the words "in cash or by the issue of a cheque or draft or by any other
mode", the words "by any mode" shall be substituted;
(c)
the
proviso shall be omitted.
Section 88 - Amendment of section 196C
In Section 196C of the
Income-tax Act,--
(a)
for
the words "in cash or by the issue of a cheque or draft or by any other
mode", the words "by any mode" shall be substituted;
(b)
the
proviso shall be omitted.
Section 89 - Amendment of section 196D
In Section 196D of the
Income-tax Act, in sub-section (1),--
(a)
for
the words "in cash or by the issue of a cheque or draft or by any other mode",
the words "by any mode" shall be substituted;
(b)
the
proviso shall be omitted.
Section 90 - Amendment of section 197
In Section 197 of the
Income-tax Act, in sub-section (1), for the figures and letter
"194M", the figures and letters "194M, 194-O" shall be
substituted.
Section 91 - Amendment of section 197A
In Section 197A of the
Income-tax Act, for sub-section (1F), the following sub-section shall be
substituted, namely:--
"(1F)
Notwithstanding anything contained in this Chapter, no deduction of tax shall
be made, or deduction of tax shall be made at such lower rate, from such
payment to such person or class of persons, including institution, association
or body or class of institutions, associations or bodies, as may be notified by
the Central Government in the Official Gazette, in this behalf.".
Section 92 - Omission of section 203AA
Section 203AA of the
Income-tax Act shall be omitted with effect from the 1st day of June, 2020.
Section 93 - Amendment of section 204
In Section 204 of the
Income-tax Act, after clause (iv) and before the Explanation, the following
clause shall be inserted, namely:--
"(v) in the case
of a person not resident in India, the person himself or any person authorised
by such person or the agent of such person in India including any person
treated as an agent under section 163.".
Section 94 - Amendment of section 206AA
In Section 206AA of the
Income-tax Act, in sub-section (1), the following proviso shall be inserted,
namely:--
'Provided that where the tax is
required to be deducted under section 194-O, the provisions of clause (iii)
shall apply as if for the words "twenty per cent.", the words
"five per cent." had been substituted.'.
Section 95 - Amendment of section 206C
In Section 206C of the
Income-tax Act with effect from the 1st day of October, 2020,--
(i)
after
sub-section (1F), the following sub-sections shall be inserted, namely: '(1G)
Every person,--
(ii)
being
an authorised dealer, who receives an amount, for remittance out of India from
a buyer, being a person remitting such amount out of India under the
Liberalised Remittance Scheme of the Reserve Bank of India;
(iii)
?being a seller of an overseas tour programme
package, who receives any amount from a buyer, being the person who purchases
such package, shall, at the time of debiting the
amount payable by the buyer or at the time of receipt of such amount from the
said buyer, by any mode, whichever is earlier, collect from the buyer, a sum
equal to five per cent. of such amount as income-tax:
Provided that the authorised dealer shall
not collect the sum, if the amount or aggregate of the amounts being remitted
by a buyer is less than seven lakh rupees in a financial year and is for a
purpose other than purchase of overseas tour programme package:
Provided further that the sum to be
collected by an authorised dealer from the buyer shall be equal to five per
cent. of the amount or aggregate of the amounts in excess of seven lakh rupees
remitted by the buyer in a financial year, where the amount being remitted is
for a purpose other than purchase of overseas tour programme package:
Provided also that the authorised
dealer shall collect a sum equal to one half per cent. of the amount or
aggregate of the amounts in excess of seven lakh rupees remitted by the buyer
in a financial year, if the amount being remitted out is a loan obtained from
any financial institution as defined in section 80E, for the purpose of
pursuing any education:
Provided also that the authorised
dealer shall not collect the sum on an amount in respect of which the sum has
been collected by the seller:
Provided also that the provisions of
this sub-section shall not apply, if the buyer is,--
(iv)
liable
to deduct tax at source under any other provision of this Act and has deducted
such amount;
(v)
the
Central Government, a State Government, an embassy, a High Commission, a
legation, a commission, a consulate, the trade representation of a foreign
State, a local authority as defined in the Explanation to clause (20) of
section 10 or any other person as the Central Government may, by notification
in the Official Gazette, specify for this purpose, subject to such conditions
as may be specified therein.
Explanation.--For the purposes of this
sub-section,--
(vi)
?"authorised dealer" means a person
authorised by the Reserve Bank of India under sub-section (1) of Section
10 of
the Foreign Exchange Management Act, 1999 (42 of 1999)to deal in foreign
exchange or foreign security;
(vii)
?"overseas tour [8][programme]
package" means any tour package which offers visit to a country or countries
or territory or territories outside India and includes expenses for travel or
hotel stay or boarding or lodging or any other expenditure of similar nature or
in relation thereto.
(viii)
Every
person, being a seller, who receives any amount as consideration for sale of
any goods of the value or aggregate of such value exceeding fifty lakh rupees
in any previous year, other than the goods being exported out of India or goods
covered in sub-section (1) or sub-section (1F) or sub-section (1G) shall, at the
time of receipt of such amount, collect from the buyer, a sum equal to 0.1 per
cent. of the sale consideration exceeding fifty lakh rupees as income-tax:
Provided that if the buyer has not
provided the Permanent Account Number or the Aadhaar number to the seller, then
the provisions of clause (ii) of sub-section (1) of section 206CC shall be read
as if for the words "five per cent.", the words "one per
cent." had been substituted:
Provided further that the provisions of
this sub-section shall not apply, if the buyer is liable to deduct tax at
source under any other provision of this Act on the goods purchased by him from
the seller and has deducted such amount.
Explanation.--For the purposes of this
sub-section,--
(ix)
?"buyer" means a person who purchases
any goods, but does not include,--
(x)
the
Central Government, a State Government, an embassy, a High Commission,
legation, commission, consulate and the trade representation of a foreign
State; or
(xi)
a
local authority as defined in the Explanation to clause (20) of section 10; or
(xii)
a
person importing goods into India or any other person as the Central Government
may, by notification in the Official Gazette, specify for this purpose, subject
to such conditions as may be specified therein;
(xiii)
"seller"
means a person whose total sales, gross receipts or turnover from the business
carried on by him exceed ten crore rupees during the financial year immediately
preceding the financial year in which the sale of goods is carried out, not
being a person as the Central Government may, by notification in the Official
Gazette, specify for this purpose, subject to such conditions as may be
specified therein.';
(xiv) If any difficulty
arises in giving effect to the provisions of sub-section (1G) or sub-section
(1H), the Board may, with the approval of the Central Government, issue
guidelines for the purpose of removing the difficulty.
(xv)
Every
guideline issued by the Board under sub-section (1-I) shall be laid before each
House of Parliament, and shall be binding on the Income-tax authorities and on
the person liable to collect the sum.
(xvi) in sub-section (2),
for the words, brackets, figures and letter "sub-section (1) or
sub-section (1C)", the words "this section" shall be
substituted;
(xvii) ?in sub-section (3), for the words, brackets,
figures and letter "sub-section (1) or sub-section (1C)", the words
"this section" shall be substituted;
(xviii)
in
sub-section (6A), in the first proviso, for the words "in accordance with
the provisions of this section", the words, brackets, figures and letter
"in accordance with the provisions of sub-section (1) and sub-section
(1C)" shall be substituted;
(xix) ?in the Explanation, in clause (c),--
(xx)
for
the word "means", the words, brackets, figures and letter "with
respect to sub-section (1) and sub-section (1F) means" shall be
substituted;
(xxi) ?for the words, brackets, letters and figures
"the monetary limits specified under clause (a) or clause (b) of section
44AB", the words "one crore rupees in case of business or fifty lakh
rupees in case of profession" shall be substituted.
Section 96 - Insertion of new section 234G
After Section
234F of
the Income-tax Act, the following section shall be inserted with effect from
the 1st day of June, 2020, namely: "234G. Fee for default relating to
statement or certificate
(1)
Without
prejudice to the provisions of this Act, where,--
(2)
the
research association, university, college or other institution referred to in
clause (ii) or clause (iii) or the company referred to in clause (iia) of sub-section
(1) of section 35 fails to deliver or cause to be delivered a statement within
the time prescribed under clause (i), or furnish a certificate prescribed under
clause (ii) of sub-section (1A) of that section; or
(3)
the
institution or fund fails to deliver or cause to be delivered a statement
within the time prescribed under clause (viii) of sub-section (5) of section
80G, or furnish a certificate prescribed under clause (ix) of the said
sub-section, it shall be liable to pay, by way of
fee, a sum of two hundred rupees for every day during which the failure
continues.
(4)
The
amount of fee referred to in sub-section (1) shall,--
(5)
not
exceed the amount in respect of which the failure referred to therein has
occurred;
(6)
be
paid before delivering or causing to be delivered the statement or before
furnishing the certificate referred to in sub-section (1).".
Section 97 - Amendment of section 250
In Section 250 of the
Income-tax Act, after sub-section (6A), the following sub-sections shall be
inserted, namely:--
"(6B) The
Central Government may make a scheme, by notification in the Official Gazette,
for the purposes of disposal of appeal by Commissioner (Appeals), so as to
impart greater efficiency, transparency and accountability by--
(a)
eliminating
the interface between the Commissioner (Appeals) and the appellant in the
course of appellate proceedings to the extent technologically feasible;
(b)
optimising
utilisation of the resources through economies of scale and functional
specialisation;
(c)
introducing
an appellate system with dynamic jurisdiction in which appeal shall be disposed
of by one or more Commissioner (Appeals).
(6C) The Central
Government may, for the purposes of giving effect to the scheme made under
sub-section (6B), by notification in the Official Gazette, direct that any of
the provisions of this Act relating to jurisdiction and procedure for disposal
of appeals by Commissioner (Appeals) shall not apply or shall apply with such
exceptions, modifications and adaptations as may be specified in the
notification:
Provided that no direction shall be
issued after the 31st day of March, 2022.
(6D) Every
notification issued under sub-section (6B) and sub-section (6C) shall, as soon
as may be after the notification is issued, be laid before each House of Parliament.".
Section 98 - Amendment of section 253
In Section 253 of the
Income-tax Act, in sub-section (1), in clause (c), for the words, figures and
letters "under section 12AA", the words, figures and letters
"under section 12AA or section 12AB" shall be substituted with effect
from the 1st day of June, 2020.
Section 99 - Amendment of section 254
In Section 254 of the
Income-tax Act, in sub-section (2A),--
(a)
in
the first proviso, after the words "from the date of such order", the
words "subject to the condition that the assessee deposits not less than twenty
per cent. of the amount of tax, interest, fee, penalty, or any other sum
payable under the provisions of this Act, or furnishes security of equal amount
in respect thereof" shall be inserted;
(b)
for
the second proviso, the following proviso shall be substituted, namely:--
"Provided further that no
extension of stay shall be granted by the Appellate Tribunal, where such appeal
is not so disposed of within the said period of stay as specified in the order
of stay, unless the assessee makes an application and has complied with the
condition referred to in the first proviso and the Appellate Tribunal is
satisfied that the delay in disposing of the appeal is not attributable to the
assessee, so however, that the aggregate of the period of stay originally
allowed and the period of stay so extended shall not exceed three hundred and
sixty-five days and the Appellate Tribunal shall dispose of the appeal within
the period or periods of stay so extended or allowed.".
Section 100 - Insertion of new section 271AAD
After Section
271AAC of
the Income-tax Act, the following section shall be inserted, namely: '271AAD.
Penalty for false entry, etc., in books of account
(1)
Without
prejudice to any other provisions of this Act, if during any proceeding under
this Act, it is found that in the books of account maintained by any person
there is?
(2)
?a false entry; or
(3)
an
omission of any entry which is relevant for computation of total income of such
person, to evade tax liability, the Assessing Officer
may direct that such person shall pay by way of penalty a sum equal to the
aggregate amount of such false or omitted entry.
(4)
Without
prejudice to the provisions of sub-section (1), the Assessing Officer may
direct that any other person, who causes the person referred to in sub-section
(1) in any manner to make a false entry or omits or causes to omit any entry
referred to in that sub-section, shall pay by way of penalty a sum equal to the
aggregate amount of such false or omitted entry.
Explanation.--For the purposes of this
section, "false entry" includes use or intention to use--
(a)
forged
or falsified documents such as a false invoice or, in general, a false piece of
documentary evidence; or
(b)
invoice
in respect of supply or receipt of goods or services or both issued by the
person or any other person without actual supply or receipt of such goods or
services or both; or
(c)
invoice
in respect of supply or receipt of goods or services or both to or from a person
who does not exist.'.
Section 101 - Insertion of new section 271K
After Section
271J of
the Income-tax Act, the following section shall be inserted with effect from
the 1st day of June, 2020, namely:--
"271K. Penalty
for failure to furnish statements, etc Without prejudice to the provisions of
this Act, the Assessing Officer may direct that a sum not less than ten
thousand rupees but which may extend to one lakh rupees shall be paid by way of
penalty by--
(i)
the
research association, university, college or other institution referred to in
clause (ii) or clause (iii) or the company referred to in clause (iia), of
sub-section (1) of section 35, if it fails to deliver or cause to be delivered
a statement within the time prescribed under clause (i), or furnish a
certificate prescribed under clause (ii) of sub-section (1A) of that section;
or
(ii)
the
institution or fund, if it fails to deliver or cause to be delivered a
statement within the time prescribed under clause (viii) of sub-section (5) of
section 80G, or furnish a certificate prescribed under clause (ix) of the said
sub-section.".
Section 102 - Amendment of section 274
In Section 274 of the
Income-tax Act, after sub-section (2), the following sub-sections shall be
inserted, namely:--
"(2A) The
Central Government may make a scheme, by notification in the Official Gazette,
for the purposes of imposing penalty under this Chapter so as to impart greater
efficiency, transparency and accountability by--
(a)
eliminating
the interface between the Assessing Officer and the assessee in the course of
proceedings to the extent technologically feasible;
(b)
optimising
utilisation of the resources through economies of scale and functional
specialisation;
(c)
introducing
a mechanism for imposing of penalty with dynamic jurisdiction in which penalty
shall be imposed by one or more income-tax authorities.
(2B) The Central
Government may, for the purposes of giving effect to the scheme made under
sub-section (2A), by notification in the Official Gazette, direct that any of
the provisions of this Act relating to jurisdiction and procedure for imposing
penalty shall not apply or shall apply with such exceptions, modifications and
adaptations as may be specified in the notification:
Provided that no direction shall be
issued after the 31st day of March, 2022.
(2C) Every
notification issued under sub-section (2A) and sub-section (2B) shall, as soon
as may be after the notification is issued, be laid before each House of
Parliament.".
Section 103 - Insertion of new section 285BB
After Section
285BA of
the Income-tax Act, the following section shall be inserted with effect from
the 1st day of June, 2020, namely:--
'285BB. Annual
information statementThe prescribed income-tax authority or the person
authorised by such authority shall upload in the registered account of the
assessee an annual information statement in such form and manner, within such
time and along with such information, which is in the possession of an
income-tax authority, as may be prescribed.
Explanation.--For the purposes of this
section, "registered account" means the electronic filing account
registered by the assessee in designated portal, that is, the web portal
designated as such by the prescribed income-tax authority or the person
authorised by such authority.'.
Section 104 - Amendment of section 288
In Section 288 of the
Income-tax Act, in sub-section (2), after clause (vii), the following clause
shall be inserted, namely:--
"(viii) any other person as may be
prescribed.".
Section 105 - Amendment of section 295
In Section 295 of the
Income-tax Act, in sub-section (2), in clause (b),--
(a)
after
sub-clause (ii), the following sub-clause shall be inserted with effect from
the 1st day of April, 2021, namely:--
(b)
?operations carried out in India by a
non-resident;";
(c)
after
sub-clause (iia) as so inserted, the following sub-clause shall be inserted
with effect from the 1st day of April, 2022, namely:--
(d)
transactions
or activities of a non-resident;".
Section 106 - Amendment of First Schedule
In the First Schedule to the Income-tax
Act, in rule 5, after clause (c), the following proviso shall be inserted,
namely:--
"Provided that any sum payable by
the assessee under section 43B, which is added back in accordance with clause
(a) of this rule, shall be allowed as deduction in computing the income under
the said rule in the previous year in which such sum is actually paid.".
Section 107 - Amendment of section 11
In Section 11 of the Customs
Act, 1962 (52 of 1962) (hereinafter referred to as the Customs Act), in
sub-section (2), in clause (f), for the words "gold or silver", the
words "gold, silver or any other goods" shall be substituted.
Section 108 - Amendment of section 28
In Section 28 of the Customs
Act (13 of 2018), for Explanation 4, the following Explanation shall be substituted
and shall be deemed to have been substituted with effect from the 29th day of
March, 2018, namely:--
"Explanation 4.--For the removal
of doubts, it is hereby declared that notwithstanding anything to the contrary
contained in any judgment, decree or order of the Appellate Tribunal or any
Court or in any other provision of this Act or the rules or regulations made
there under, or in any other law for the time being in force, in cases where
notice has been issued for non-levy, short-levy, non-payment, short-payment or
erroneous refund, prior to the 29th day of March, 2018, being the date of
commencement of the Finance Act, 2018, such notice shall continue to be
governed by the provisions of section 28 as it stood immediately before such
date.".
Section 109 - Amendment of section 28AAA
In Section 28AAA of the Customs
Act, in sub-section (1),--
(a)
for
the words "by such person", the words "or any other law, or any
scheme of the Central Government, for the time being in force, by such
person" shall be substituted;
(b)
after
the words "the rules", the words "or regulations" shall be
inserted;
(c)
in
Explanation 1, for the words "with respect to", the words, figures
and letter "or duty credit issued under section 51B, with respect to"
shall be substituted.
Section 110 - Insertion of new Chapter VAA
After Chapter VA of the Customs Act,
the following Chapter shall be inserted, namely:--
'CHAPTER
VAA
Administration of Rules of Origin under
Trade Agreement28DA. Procedure regarding claim of preferential rate of duty
(1)
An
importer making claim for preferential rate of duty, in terms of any trade
agreement, shall,--
(i)
make
a declaration that goods qualify as originating goods for preferential rate of
duty under such agreement;
(ii)
possess
sufficient information as regards the manner in which country of origin
criteria, including the regional value content and product specific criteria,
specified in the rules of origin in the trade agreement, are satisfied;
(iii)
furnish
such information in such manner as may be provided by rules;
(iv)
exercise
reasonable care as to the accuracy and truthfulness of the information
furnished.
(2)
The
fact that the importer has submitted a certificate of origin issued by an
Issuing Authority shall not absolve the importer of the responsibility to
exercise reasonable care.
(3)
Where
the proper officer has reasons to believe that country of origin criteria has
not been met, he may require the importer to furnish further information,
consistent with the trade agreement, in such manner as may be provided by
rules.
(4)
Where
importer fails to provide the requisite information for any reason, the proper
officer may,--
(5)
cause
further verification consistent with the trade agreement in such manner as may
be provided by rules;
(6)
pending
verification, temporarily suspend the preferential tariff treatment to such
goods:
Provided that on the basis of the
information furnished by the importer or the information available with him or
on the relinquishment of the claim for preferential rate of duty by the importer,
the Principal Commissioner of Customs or the Commissioner of Customs may, for
reasons to be recorded in writing, disallow the claim for preferential rate of
duty, without further verification.
(7) Where the
preferential rate of duty is suspended under sub-section (4), the proper
officer may, on the request of the importer, release the goods subject to
furnishing by the importer a security amount equal to the difference between
the duty provisionally assessed under section 18 and the preferential duty claimed:
Provided that the Principal
Commissioner of Customs or the Commissioner of Customs may, instead of
security, require the importer to deposit the differential duty amount in the
ledger maintained under section 51A.
(8)
Upon
temporary suspension of preferential tariff treatment, the proper officer shall
inform the Issuing Authority of reasons for suspension of preferential tariff
treatment, and seek specific information as may be necessary to determine the
origin of goods within such time and in such manner as may be provided by
rules.
(9)
Where,
subsequently, the Issuing Authority or exporter or producer, as the case may
be, furnishes the specific information within the specified time, the proper
officer may, on being satisfied with the information furnished, restore the
preferential tariff treatment.
(10)
Where
the Issuing Authority or exporter or producer, as the case may be, does not
furnish information within the specified time or the information furnished by
him is not found satisfactory, the proper officer shall disallow the
preferential tariff treatment for reasons to be recorded in writing:
Provided that in case of receipt of
incomplete or non-specific information, the proper officer may send another
request to the Issuing Authority stating specifically the shortcoming in the
information furnished by such authority, in such circumstances and in such
manner as may be provided by rules.
(11)
Unless
otherwise specified in the trade agreement, any request for verification shall
be sent within a period of five years from the date of claim of preferential
rate of duty by an importer.
(12)
?Notwithstanding anything contained in this
section, the preferential tariff treatment may be refused without verification
in the following circumstances, namely:--
(i)
the
tariff item is not eligible for preferential tariff treatment;
(ii)
complete
description of goods is not contained in the certificate of origin;
(iii)
any
alteration in the certificate of origin is not authenticated by the Issuing
Authority;
(iv)
the
certificate of origin is produced after the period of its expiry, and
in all such cases, the certificate of origin shall be marked as
"INAPPLICABLE".
(13)
Where
the verification under this section establishes non-compliance of the imported
goods with the country of origin criteria, the proper officer may reject the
preferential tariff treatment to the imports of identical goods from the same
producer or exporter, unless sufficient information is furnished to show that
identical goods meet the country of origin criteria.
Explanation.--For the purposes of this
Chapter,--
(a)
"certificate
of origin" means a certificate issued in accordance with a trade agreement
certifying that the goods fulfill the country of origin criteria and other
requirements specified in the said agreement;
(b)
"identical
goods" means goods that are same in all respects with reference to the
country of origin criteria under the trade agreement;
(c)
"Issuing
Authority" means any authority designated for the purposes of issuing
certificate of origin under a trade agreement;
(d)
"trade
agreement" means an agreement for trade in goods between the Government of
India and the Government of a foreign country or territory or economic union.'.
Section 111 - Amendment of heading of Chapter VIIA
In Chapter VIIA of the Customs Act, in
the heading, after the word "LEDGER", the words "AND ELECTRONIC
DUTY CREDIT LEDGER" shall be inserted.
Section 112 - Insertion of new section 51B
After Section
51A of
the Customs Act, the following section shall be inserted, namely: "51B.
Ledger for duty credit.
(1)
The
Central Government may, by notification in the Official Gazette, specify the
manner in which it shall issue duty credit,--
(2)
in
lieu of remission of any duty or tax or levy, chargeable on any material used
in the manufacture or processing of goods or for carrying out any operation on
such goods in India that are exported; or
(3)
?in lieu of such other financial benefit
subject to such conditions and restrictions as may be specified therein.
(4)
The
duty credit issued under sub-section (1) shall be maintained in the customs
automated system in the form of an electronic duty credit ledger of the person
who is the recipient of such duty credit, in such manner as may be prescribed.
(5)
The
duty credit available in the electronic duty credit ledger may be used by the
person to whom it is issued or the person to whom it is transferred, towards
making payment of duties payable under this Act or under the Customs Tariff
Act, 1975 (51 of 1975) in such manner and subject to such conditions and
restrictions and within such time as may be prescribed.".
Section 113 - Amendment of section 111
In Section 111 of the Customs
Act, after clause (p), the following clause shall be inserted, namely:--
"(q) any goods
imported on a claim of preferential rate of duty which contravenes any
provision of Chapter VAA or any rule made there under.".
Section 114 - Amendment of section 156
In Section 156 of the Customs
Act, in sub-section (2), after clause (h), the following clause shall be
inserted, namely:--
"(i) the form,
time limit, manner, circumstances, conditions, restrictions and such other
matters for carrying out the provisions of Chapter VAA.".
Section 115 - Amendment of section 157
In Section 157 of the Customs
Act, in sub-section (2), after clause (j), the following clause shall be
inserted, namely:--
"(ja) the manner
of maintaining electronic duty credit ledger, making payment from such ledger,
transfer of duty credit from ledger of one person to the ledger of another and
the conditions, restrictions and time limit relating thereto;".
Section 116 - Substitution of new section for section 8B
For Section 8B of the Customs
Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff
Act), the following section shall be substituted, namely: '8B. Power of Central
Government to apply safeguard measures
(1)
If
the Central Government, after conducting such enquiry as it deems fit, is
satisfied that any article is imported into India in such increased quantity
and under such conditions so as to cause or threaten to cause serious injury to
domestic industry, it may, by notification in the Official Gazette, apply such
safeguard measures on that article, as it deems appropriate.
(2)
The
safeguard measures referred to in sub-section (1) shall include imposition of
safeguard duty, application of tariff-rate quota or such other measure, as the
Central Government may consider appropriate, to curb the increased quantity of
imports of an article to prevent serious injury to domestic industry:
Provided that no such measure shall be
applied on an article originating from a developing country so long as the
share of imports of that article from that country does not exceed three per
cent. or where the article is originating from more than one developing
country, then, so long as the aggregate of the imports from each of such
developing countries with less than three per cent. import share taken
together, does not exceed nine per cent. of the total imports of that article
into India:
Provided further that the Central
Government may, by notification in the Official Gazette, exempt such quantity
of any article as it may specify in the notification, when imported from any
country or territory into India, from payment of the whole or part of the
safeguard duty leviable thereon.
(3)
Where
tariff-rate quota is used as a safeguard measure, the Central Government shall
not fix such quota lower than the average level of imports in the last three
representative years for which statistics are available, unless a different
level is deemed necessary to prevent or remedy serious injury.
(4)
The
Central Government may allocate such tariff-rate quota to supplying countries
having a substantial interest in supplying the article concerned, in such
manner as may be provided by rules.
(5)
?The Central Government may, pending the
determination under sub-section (1), apply provisional safeguard measures under
this sub-section on the basis of a preliminary determination that increased
imports have caused or threatened to cause serious injury to a domestic
industry:
Provided that where, on final
determination, the Central Government is of the opinion that increased imports
have not caused or threatened to cause serious injury to a domestic industry,
it shall refund the safeguard duty so collected:
Provided further that any provisional
safeguard measure shall not remain in force for more than two hundred days from
the date on which it was applied.
(6)
Notwithstanding
anything contained in the foregoing sub-sections, a notification issued under
sub-section (1) or any safeguard measures applied under sub-sections (2), (3),
(4) and (5), shall not apply to articles imported by a hundred per cent.
export-oriented undertaking or a unit in a special economic zone, unless?
(7)
it
is specifically made applicable in such notification or to such undertaking or
unit;
(8)
such
article is either cleared as such into the domestic tariff area or used in the
manufacture of any goods that are cleared into the domestic tariff area, in
which case, safeguard measures shall be applied on the portion of the article
so cleared or used, as was applicable when it was imported into India.
Explanation.--For the purposes of this
section, the expressions "hundred per cent. export-oriented
undertaking", and "special economic zone" shall have the same
meaning as assigned to them in Explanation 2 to sub-section (1) of Section
3 of
the Central Excise Act, 1944 (1 of 1944).
(9)
The
safeguard duty imposed under this section shall be in addition to any other
duty imposed under this Act or under any other law for the time being in force.
(10)
The
safeguard measures applied under this section shall, unless revoked earlier,
cease to have effect on the expiry of four years from the date of such
application:
Provided that if the Central Government
is of the opinion that the domestic industry has taken measures to adjust to
such injury or threat thereof and it is necessary that the safeguard measures
should continue to be applied, it may extend the period of such application:
Provided further that in no case the
safeguard measures shall continue to be applied beyond a period of ten years
from the date on which such measures were first applied.
(11)
?The provisions of the Customs Act, 1962 (52 of
1962) and the rules and regulations made there under, including those relating
to the date for determination of rate of duty, assessment, non-levy,
short-levy, refunds, interest, appeals, offences and penalties shall, as far as
may be, apply to the duty chargeable under this section as they apply in
relation to duties leviable under that Act.
(12)
The
Central Government may, by notification in the Official Gazette, make rules for
the purposes of this section, and without prejudice to the generality of the
foregoing power, such rules may provide for?
(13)
the
manner in which articles liable for safeguard measures may be identified;
(14)
the
manner in which the causes of serious injury or causes of threat of serious
injury in relation to identified article may be determined;
(15)
the
manner of assessment and collection of safeguard duty;
(16)
the
manner in which tariff-rate quota on identified article may be allocated among
supplying countries;
(17)
the
manner of implementing tariff-rate quota as a safeguard measure;
(18)
any
other safeguard measure and the manner of its application.
(19)
?For the purposes of this section,--
(20)
"developing
country" means a country notified by the Central Government in the
Official Gazette;
(21)
?"domestic industry" means the
producers?
(22)
?as a whole of the like article or a directly
competitive article in India; or
(23)
whose
collective output of the like article or a directly competitive article in
India constitutes a major share of the total production of the said article in
India;
(24)
"serious
injury" means an injury causing significant overall impairment in the
position of a domestic industry;
(25)
"threat
of serious injury" means a clear and imminent danger of serious injury.
(26)
Every
notification issued under this section shall be laid, as soon as may be after
it is issued, before each House of Parliament, while it is in session, for a
total period of thirty days which may be comprised in one session or in two or
more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree
in making any modification in the notification or both Houses agree that the
notification should not be issued, the notification shall thereafter have
effect only in such modified form or be of no effect, as the case may be; so,
however, that any such modification or annulment shall be without prejudice to
the validity of anything previously done under that notification.'.
Section 117 - Amendment of First Schedule
In the Customs Tariff Act, the First
Schedule shall--
(a)
be
amended in the manner specified in the Second Schedule; and
(b)
be
also amended in the manner specified in the Third Schedule.
Section 118 - Amendment of section 2
[9][In Section
2 of
the Central Goods and Services Tax Act, 2017 (12 of 2017) (hereinafter referred
to as the Central Goods and Services Tax Act), in clause (114), for sub-clauses
(c) and (d), the following sub-clauses shall be substituted, namely:--
"(c) Dadra and Nagar Haveli and
Daman and Diu;
(d) Ladakh;".]
Section 119 - Amendment of section 10
In Section 10 of the Central
Goods and Services Tax Act, in sub-section (2), in clauses (b), (c) and (d),
after the words "of goods", the words "or services" shall
be inserted.
Section 120 - Amendment of section 16
In Section 16 of the Central
Goods and Services Tax Act, in sub-section (4), the words "invoice
relating to such" shall be omitted.
Section 121 - Amendment of section 29
In Section 29 of the Central
Goods and Services Tax Act, in sub-section (1), for clause (c), the following
clause shall be substituted, namely:--
"(c) the taxable
person is no longer liable to be registered under section 22 or section 24 or intends
to opt out of the registration voluntarily made under sub-section (3) of
section 25:".
Section 122 - Amendment of section 30
In Section 30 of the Central
Goods and Services Tax Act, in sub-section (1), for the proviso, the following
proviso shall be substituted, namely:--
"Provided that such period may, on
sufficient cause being shown, and for reasons to be recorded in writing, be
extended,--
(a)
by
the Additional Commissioner or the Joint Commissioner, as the case may be, for
a period not exceeding thirty days;
(b)
by
the Commissioner, for a further period not exceeding thirty days, beyond the
period specified in clause (a).".
Section 123 - Amendment of section 31
In Section 31 of the Central
Goods and Services Tax Act, in sub-section (2), for the proviso, the following
proviso shall be substituted, namely:--
"Provided that the Government may,
on the recommendations of the Council, by notification,--
(a)
specify
the categories of services or supplies in respect of which a tax invoice shall
be issued, within such time and in such manner as may be prescribed;
(b)
subject
to the condition mentioned therein, specify the categories of services in
respect of which?
(c)
any
other document issued in relation to the supply shall be deemed to be a tax
invoice; or
(d)
tax
invoice may not be issued.".
Section 124 - Amendment of section 51
In Section 51 of the Central
Goods and Services Tax Act,--
(a)
for
sub-section (3), the following sub-section shall be substituted, namely:--
(b)
A
certificate of tax deduction at source shall be issued in such form and in such
manner as may be prescribed.";
(c)
sub-section
(4) shall be omitted.
Section 125 - Amendment of section 109
[10] [In Section
109 of
the Central Goods and Services Tax Act, in sub-section (6),--
(a)
the
words "except for the State of Jammu and Kashmir" shall be omitted;
(b)
the
first proviso shall be omitted.]
Section 126 - Amendment of section 122
In Section 122 of the Central
Goods and Services Tax Act, after sub-section (1), the following sub-section
shall be inserted, namely:--
"(1A) Any person
who retains the benefit of a transaction covered under clauses (i), (ii), (vii)
or clause (ix) of sub-section (1) and at whose instance such transaction is
conducted, shall be liable to a penalty of an amount equivalent to the tax evaded
or input tax credit availed of or passed on.".
Section 127 - Amendment of section 132
In Section 132 of the Central
Goods and Services Tax Act, in sub-section (1),--
(i)
for
the words "Whoever commits any of the following offences", the words "Whoever
commits, or causes to commit and retain the benefits arising out of, any of the
following offences" shall be substituted;
(ii)
for
clause (c), the following clause shall be substituted, namely:--
(iii)
avails
input tax credit using the invoice or bill referred to in clause (b) or
fraudulently avails input tax credit without any invoice or bill;";
(iv)
?in clause (e), the words ", fraudulently
avails input tax credit" shall be omitted.
Section 128 - Amendment of section 140
In Section 140 of the Central
Goods and Services Tax Act, with effect from the 1st day of July, 2017,--
(i)
in
sub-section (1), after the words "existing law", the words
"within such time and" shall be inserted and shall be deemed to have
been inserted;
(ii)
in
sub-section (2), after the words "appointed day", the words
"within such time and" shall be inserted and shall be deemed to have
been inserted;
(iii)
in
sub-section (3), for the words "goods held in stock on the appointed day
subject to", the words "goods held in stock on the appointed day,
within such time and in such manner as may be
prescribed, subject to" shall be substituted and shall be deemed to have
been substituted;
(iv)
in
sub-section (5), for the words "existing law", the words
"existing law, within such time and in such manner as may be prescribed"
shall be substituted and shall be deemed to have been substituted;
(v)
in
sub-section (6), for the words "goods held in stock on the appointed day
subject to", the words "goods held in stock on the appointed day,
within such time and in such manner as may be prescribed, subject to"
shall be substituted and shall be deemed to have been substituted;
(vi)
in
sub-section (7), for the words "credit under this Act even if", the
words "credit under this Act, within such time and in such manner as may be
prescribed, even if" shall be substituted and shall be deemed to have been
substituted;
(vii)
in
sub-section (8), for the words "in such manner", the words
"within such time and in such manner" shall be substituted and shall
be deemed to have been substituted;
(viii)
in
sub-section (9), for the words "credit can be reclaimed subject to",
the words "credit can be reclaimed within such time and in such manner as
may be prescribed, subject to" shall be substituted and shall be deemed to
have been substituted.
Section 129 - Amendment of section 168
[11] [In Section
168 of
the Central Goods and Services Tax Act, in sub-section (2), for the words,
brackets and figures "sub-section (5) of section 66, sub-section (1) of
section 143", the words, brackets and figures "sub-section (1) of
section 143, except the second proviso thereof" shall be substituted.]
Section 130 - Amendment of section 172
[12][In Section
172 of
the Central Goods and Services Tax Act, in sub-section (1), in the proviso, for
the words "three years", the words "five years" shall be
substituted.]
Section 131 - Amendment to Schedule II
In Schedule II to the Central Goods and
Services Tax Act, in paragraph 4, the words "whether or not for a
consideration," at both the places where they occur, shall be omitted and
shall be deemed to have been omitted with effect from the 1st day of July,
2017.
Section 132 - Restrospective exemption from, or levy or collection of, central tax in certain cases
(1)
Notwithstanding
anything contained in the notification of the Government of India in the
Ministry of Finance (Department of Revenue) number G.S.R. 673(E), dated the
28th June, 2017, issued by the Central Government, on the recommendations of
the Council, in exercise of the powers under sub-section (1) of Section
9 of
the Central Goods and Services Tax Act, 2017 (12 of 2017),-
(2)
no
central tax shall be levied or collected in respect of supply of fish meal
(falling under heading 2301), during the period commencing from the 1st day of
July, 2017 and ending with the 30th day of September, 2019 (both days
inclusive);
(3)
central
tax at the rate of six per cent. shall be levied or collected in respect of
supply of pulley, wheels and other parts (falling under heading 8483) and used
as parts of agricultural machinery (falling under headings 8432, 8433 and
8436), during the period commencing from the 1st day of July, 2017 and ending
with the 31st day of December, 2018 (both days inclusive).
(4)
No
refund shall be made of all such tax which has been collected, but which would
not have been so collected, had sub-section (1) been in force at all material
times.
Section 133 - Retrospective effect to notification issued under clause (ii) of proviso to sub-section (3) of section 54 of Central Goods and Services Tax Act
The notification of the Government of
India in the Ministry of Finance (Department of Revenue) number G.S.R. 708(E),
dated the 30th September, 2019, issued by the Central Government, on the
recommendations of the Council, in exercise of the powers under clause (ii) of
the proviso to sub-section (3) of Section 54 of the Central
Goods and Services Tax Act, 2017 (12 of 2017), read with sub-section (2)
of Section 9 of the Goods and Services Tax
(Compensation to States) Act, 2017 (15 of 2017), shall be deemed to have, and
always to have, for all purposes, come into force on and from the 1st day of
July, 2017.
Section 134 - Amendment of section 25
[13] [In Section
25 of
the Integrated Goods and Services Tax Act, 2017 (13 of 2017), in sub-section
(1), in the proviso, for the words "three years", the words
"five years" shall be substituted.]
Section 135 - Retrospective exemption from, or levy or collection of, integrated tax in certain cases
(1)
Notwithstanding
anything contained in the notification of the Government of India in the
Ministry of Finance (Department of Revenue) number G.S.R. 666(E), dated the
28th June, 2017, issued by the Central Government, on the recommendations of
the Council, in exercise of the power under sub-section (1) of Section
5 of
the Integrated Goods and Services Tax Act, 2017 (13 of 2017),-
(2)
?no integrated tax shall be levied or collected
in respect of supply of fish meal (falling under heading 2301), during the
period commencing from the 1st day of July, 2017 and ending with the 30th day
of September, 2019 (both days inclusive);
(3)
integrated
tax at the rate of twelve per cent. shall be levied or collected in respect of
supply of pulley, wheels and other parts (falling under heading 8483) and used
as parts of agricultural machinery (falling under headings 8432, 8433 and
8436), during the period commencing from the 1st day of July, 2017 and ending
with the 31st day of December, 2018 (both days inclusive).
(4)
No
refund shall be made of all such tax which has been collected, but which would
not have been so collected, had sub-section (1) been in force at all material
times.
Section 136 - Amendment of section 1
In Section 1 of the Union
Territory Goods and Services Tax Act, 2017 (14 of 2017) (hereinafter referred
as the Union Territory Goods and Services Tax Act), in sub-section (2), for the
words "Dadra and Nagar Haveli, Daman and Diu", the words "Dadra
and Nagar Haveli and Daman and Diu, Ladakh" shall be substituted.
Section 137 - Amendment of section 2
In Section 2 of the Union
Territory Goods and Services Tax Act, in clause (8), for sub-clauses (iii) and
(iv), the following sub-clauses shall be substituted, namely:--
"(iii) Dadra and Nagar Haveli and
Daman and Diu;
?[(iv) Ladakh;".
Section 138 - Amendment of section 26
In Section 26 of the Union
Territory Goods and Services Tax Act, in sub-section (1), in the proviso, for
the words "three years", the words "five years" shall be
substituted.
Section 139 - Retrospective exemption from, or levy or collection of, Union territory tax in certain cases
(1)
Notwithstanding
anything contained in the notification of the Government of India in the
Ministry of Finance (Department of Revenue) number G.S.R. 710(E), dated the
28th June, 2017, issued by the Central Government, on the recommendations of
the Council, in exercise of the powers under sub-section (1) of Section
7 of
the Union Territory Goods and Services Tax Act, 2017 (14 of 2017),--
(2)
no
Union territory tax shall be levied or collected in respect of supply of fish
meal (falling under heading 2301), during the period commencing from the 1st
day of July, 2017 and ending with the 30th day of September, 2019 (both days
inclusive);
(3)
Union
territory tax at the rate of six per cent. shall be levied or collected in
respect of supply of pulley, wheels and other parts (falling under heading
8483) and used as parts of agricultural machinery (falling under headings 8432,
8433 and 8436), during the period commencing from the 1st day of July, 2017 and
ending with the 31st day of December, 2018 (both days inclusive).
(4)
No
refund shall be made of all such tax which has been collected, but which would
not have been so collected, had sub-section (1) been in force at all material
times.
Section 140 - Amendment of section 14
In Section 14 of the Goods
and Services Tax (Compensation to States) Act, 2017 (15 of 2017), in
sub-section (1), in the proviso, for the words "three years", the
words "five years" shall be substituted.
Section 141 - Health Cess on imported medical devices
(1)
In
the case of goods specified in the Fourth Schedule being goods imported into
India, there shall be levied and collected for the purposes of the Union, a
duty of customs, to be called the Health Cess, at the rates specified in the
said Schedule, for the purposes of financing the health infrastructure and
services.
(2)
The
Central Government may, after due appropriation made by Parliament by law in
this behalf, utilise such sums of money of the Health Cess levied under this
Chapter for the purposes specified in sub-section (1), as it may consider
necessary.
(3)
For
the purposes of calculating the Health Cess under this Chapter on the goods
specified in the Fourth Schedule, where such duty is leviable at any percentage
of its value, the value of such goods shall be calculated in the same manner as
the value of goods is calculated for the purpose of customs duty under the
provisions of Section 14 of the Customs
Act, 1962 (52 of 1962) (hereafter in this Chapter referred to as the Customs
Act).
(4)
The
Health Cess leviable under sub-section (1), chargeable on the goods specified
in the Fourth Schedule, shall be in addition to any other duties of customs
chargeable on such goods under the Customs Act or any other law for the time
being in force.
(5)
The
provisions of the Customs Act and the rules and regulations made there under,
including those relating to refunds and exemptions from duties, offences and
imposition of penalty, shall, as far as may be, apply in relation to the levy
and collection of the Health Cess leviable under this Chapter in respect of the
goods specified in the Fourth Schedule as they apply in relation to the levy
and collection of duties of customs on such goods under the said Act or the
rules or the regulations made there under, as the case may be.
Section 142 - Commencement of this Part
PART I
AMENDMENTS TO THE INDIAN STAMP ACT, 1899
The provisions of this Part shall come
into force on the 1st day of April, 2020.
Section 143 - Amendment of section 9A
In Section 9A of the Indian
Stamp Act, 1899 (2 of 1899) (hereafter in this Part referred to as the Stamp
Act), in sub-section (2), the following proviso shall be inserted, namely:--
"Provided that no such duty shall
be chargeable in respect of the instruments of transaction in stock exchanges
and depositories established in any International Financial Services Centre set
up under Section 18 of the Special
Economic Zones Act, 2005 (28 of 2005).".
Section 144 - Insertion of new section 73B
In the Stamp Act, after Section
73A,
the following section shall be inserted, namely:-
"73B. Power to issue directions
and to authorise certain authorities to issue instructions, etc The Central
Government may,--
(a)
issue
directions relating to such matters and subject to such conditions, as it deems
necessary;
(b)
in
writing, authorise the Securities and Exchange Board of India established
under Section 3 of the Securities and Exchange
Board of India Act, 1992 (15 of 1992) or the Reserve Bank of India constituted
under Section 3 of the Reserve Bank of India Act,
1934 (2 of 1934) to issue instructions, circulars or guidelines, for
carrying out the provisions of Part AA of Chapter II and the rules made there
under.".
Section 145 - Amendment of Act 45 of 1988
PART II
AMENDMENT TO THE PROHIBITION OF BENAMI PROPERTYTRANSACTIONS ACT, 1988
In the Prohibition of Benami Property
Transactions Act, 1988, in Section 9, in sub-section (1),
for clause (b), the following clause shall be substituted with effect from the
1st day of April, 2020, namely:--
"(b) (i)
has been a member of the Indian Legal Service and has held the post of Joint
Secretary or equivalent post in that Service; or
(ii) is qualified for
appointment as District Judge.".
Section 146 - Substitution of new Schedule for Seventh Schedule to Act 14 of 2001
PART III
AMENDMENT TO THE FINANCE ACT, 2001
For the Seventh Schedule to the Finance
Act, 2001, the Schedule specified in the Fifth Schedule shall be substituted.
Section 147 - Amendment of Eighth Schedule to Act 20 of 2002
PART IV
AMENDMENT TO THE FINANCE ACT, 2002
In the Finance Act, 2002, in the Eighth
Schedule,--
(a)
against
Item No. 1, for the entry in column (3), the entry "Rs. 18 per litre"
shall be substituted;
(b)
against
Item No. 2, for the entry in column (3), the entry "Rs. 12 per litre"
shall be substituted.
Section 148 - Amendment of section 116
PART V
AMENDMENTS TO THE FINANCE ACT, 2013
In the Finance Act, 2013 (17 of 2013)
(hereafter in this Part referred to as the principal Act), in Section
116,
with effect from the 1st day of April, 2020,--
(a)
in
clause (7), for the words "sale of commodity derivatives or option on
commodity derivatives in respect of commodities, other than agricultural
commodities, traded in recognised associations", the words "sale of
commodity derivatives or sale of commodity derivatives based on prices or
indices of prices of commodity derivatives or option on commodity derivatives
or option in goods in respect of commodities, other than agricultural
commodities, traded in recognised stock exchange" shall be substituted;
(b)
in
clause (8),--
(c)
for
the words, brackets and figures "Forward Contracts (Regulation) Act, 1952
(74 of 1952)", the words, brackets and figures "Securities Contracts
(Regulation) Act, 1956 (42 of 1956)" shall be substituted;
(d)
after
the words "or the rules made", the words "or the notifications
issued" shall be inserted.
Section 149 - Amendment of section 117
In Section 117 of the
principal Act, for the Table, the following Table shall be substituted with
effect from the 1st day of April, 2020, namely:--
"TABLE
Sl. No. |
Taxable commodities transaction |
Rate |
Payable by |
(1) |
(2) |
(3) |
(4) |
1. |
Sale of commodity derivative |
0.01 per cent. |
seller |
2. |
Sale of commodity derivatives based
on prices or indices of prices of commodity derivatives |
0.01 per cent. |
seller |
3. |
Sale of option on commodity
derivative |
0.05 per cent. |
seller |
4. |
Sale of option in goods |
0.05 per cent. |
seller |
5. |
Sale of option on commodity
derivative, where option is exercised |
0.0001 per cent. |
purchaser |
6. |
Sale of option in goods, where option
is exercised resulting in actual delivery of goods |
0.0001 per cent. |
purchaser |
7. |
Sale of option in goods, where option
is exercised resulting in a settlement otherwise than by the actual delivery
of goods |
0.125 per cent. |
purchaser.". |
Section 150 - Amendment of section 118
In Section 118 of the
principal Act, with effect from the 1st day of April, 2020,--
(i)
in
clause (a), for the words "commodity derivative" at both the places
where they occur, the words "commodity derivative or commodity derivative
based on prices or indices of prices of commodity derivatives" shall be
substituted;
(ii) in clause (b),--
(iii) after the words
"an option on commodity derivative", the words "or option in
goods" shall be inserted;
(iv) in sub-clause (i), for the words and
figure "serial number 2", the words and figures "serial numbers
3 and 4" shall be substituted;
(v) in sub-clause (ii),
for the words and figure "serial number 3", the words and figures
"serial numbers 5 and 6" shall be substituted;
(vi)after sub-clause (ii), the following
sub-clause shall be inserted, namely:--
(vii)
the
difference between the settlement price and the strike price, in respect of
transaction at serial number 7 of the Table in section 117.".
Section 151 - Amendment of sections 119, 120 and 132A
In Sections 119, 120 and 132A of the
principal Act, for the words "recognised association" wherever they
occur, the words "recognised stock exchange" shall be substituted
with effect from the 1st day of April, 2020.
Section 152 - Commencement of this Part
PART VI
AMENDMENTS TO THE FINANCE ACT, 2016
The provisions of this Part shall come
into force on the 1st day of April, 2020.
Section 153 - Amendment of Act 28 of 2016
In the Finance Act, 2016,--
(i)
in Section
163,
in sub-section (3), for the word "Chapter", the words, letters and
figures "Chapter, and to consideration received or receivable for
e-commerce supply or services made or provided or facilitated on or after the
1st day of April, 2020" shall be substituted;
(ii)
in Section
164,--
(iii)
after
clause (c), the following clause shall be inserted, namely:--
(iv)
?"e-commerce operator" means a
non-resident who owns, operates or manages digital or electronic facility or
platform for online sale of goods or online provision of services or both;
(v)
"e-commerce
supply or services" means?
(vi)
online
sale of goods owned by the e-commerce operator; or
(vii)
online
provision of services provided by the e-commerce operator; or
(viii)
online
sale of goods or provision of services or both, facilitated by the e-commerce
operator; or
(ix)
any
combination of activities listed in clause (i), (ii) or clause (iii);';
(x)
in
clause (d), after the words "specified service", the words "or
e-commerce supply or services" shall be inserted;
(xi)
in Section
165,
for the marginal heading, the following marginal heading shall be substituted,
namely:--
(xii)
"Charge
of equilisation levy on specified services.";
(xiii)
after Section
165,
the following section shall be inserted, namely:--
(xiv) ?Charge of equalisation levy on e-commerce
supply of services
(xv)
On
and from the 1st day of [14][April],
2020, there shall be charged an equalisation levy at the rate of two per cent.
of the amount of consideration received or receivable by an e-commerce operator
from e-commerce supply or services made or provided or facilitated by it?
(xvi) ?to a person resident in India; or
(xvii) ?to a non-resident in the specified
circumstances as referred to in sub-section (3); or
(xviii)
to
a person who buys such goods or services or both using internet protocol
address located in India.
(xix) ?The equalisation levy under sub-section (1)
shall not be charged?
(xx)
?where the e-commerce operator making or
providing or facilitating e-commerce supply or services has a permanent
establishment in India and such e-commerce supply or services is effectively
connected with such permanent establishment;
(xxi) where the
equalisation levy is leviable under section 165; or
(xxii) sales, turnover or
gross receipts, as the case may be, of the e-commerce operator from the
e-commerce supply or services made or provided or facilitated as referred to in
sub-section (1) is less than two crore rupees during the previous year.
(xxiii)
For
the purposes of this section, "specified circumstances" mean?
(xxiv)
sale
of advertisement, which targets a customer, who is resident in India or a
customer who accesses the advertisement [15][through] internet
protocol address located in India; and
(xxv)sale of data, collected from a person
who is resident in India or from a person who uses internet protocol address
located in India.';
(xxvi)
in [16][Section
166]
in sub-section (1), for the words "equalisation levy", the words,
brackets and figures "equalisation levy referred to in sub-section (1) of
section 165" shall be substituted;
(xxvii)
?in section 166, for the marginal
heading, the following marginal heading shall be substituted, namely:--
(xxviii) "Collection and
recovery of equalisation levy on specified services.";
(xxix)
after section
166,
the following section shall be inserted, namely:--
(xxx)Collection and recovery of equalisation
levy on e-commerce supply or services
(xxxi)
The
equalisation levy referred to in sub-section (1) of section 165A, shall be paid
by every e-commerce operator to the credit of the Central Government for the
quarter of the financial year ending with the date specified in column (2) of
the Table below by the due date specified in the corresponding entry in column
(3) of the said Table:
TABLE
Serial number |
Date of ending of the quarter of
financial year |
Due date of the financial year |
(1) |
(2) |
(3) |
1. |
30th June |
7th July |
2. |
30th September |
7th October |
3. |
31st December |
7th January |
4. |
31st March |
31st March."; |
(xxxii)
?in Section 167,--
(xxxiii) ?in sub-section (1),--
(a)
for
the word "assessee", the words "assessee or e-commerce
operator" shall be substituted;
(b)
for
the words "specified services", the words "specified services or
e-commerce supply or services, as the case may be," shall be substituted;
(xxxiv) in sub-section (2),--
(a)
for
the word "assessee", the words "assessee or e-commerce
operator" shall be substituted;
(b)
for
the words "specified services was provided", the words
"specified services was provided or e-commerce supply or services was made
or provided or facilitated" shall be substituted;
(xxxv)
in
sub-section (3), for the word "assessee" at both the places where it
occurs, the words "assessee or e-commerce operator" shall be
substituted;
(xxxvi) in Section
168,--
(xxxvii)
in
sub-section (1),--
(xxxviii)
?for the word "assessee" wherever it
occurs, the words "assessee or e-commerce operator" shall be
substituted;
(xxxix) in clause (b), for
the words "sum deductible", the words "sum deductible or
payable, as the case may be," shall be substituted;
(xl)
in
clause (c), for the word and figures "section 166", the words,
figures and letter "section 166 or section 166A" shall be
substituted;
(xli)
in
the proviso, for the word "statement", the words "statement or
revised statement" shall be substituted;
(xlii)
?in sub-section (2), for the word
"assessee", the words "assessee or e-commerce operator"
shall be substituted;
(xliii) in Section
169,--
(xliv) ?in sub-section (2), for the word
"assessee", the words "assessee or e-commerce operator"
shall be substituted;
(xlv) in sub-section (3),
for the word "assessee", wherever it occurs, the words "assessee
or e-commerce operator" shall be substituted;
(xlvi) ?in sub-section (4), for the word
"assessee", the words "assessee or e-commerce operator"
shall be substituted;
(xlvii)
?in Section 170,--
(xlviii)
for
the word "assessee" the words "assessee or e-commerce
operator" shall be substituted;
(xlix) for the word and
figures "section 166", the words, figures and letter "section
166 or section 166A" shall be substituted;
(l)
?in Section 171,--
(li)
for
the word "assessee" the words "assessee or e-commerce
operator" shall be substituted;
(lii)
after
clause (a), the following clause shall be inserted, namely:--
(liii)
fails
to pay the whole or any part of the equalisation levy as required under section
166A; or";
(liv)
?in clause (b),--
(a)
for
the words "equalisation levy", the words, brackets and figures
"equalisation levy referred to in sub-section (1) of section 165"
shall be substituted;
(b)
in
the long line, in sub-clause (i), for the words "deduct; and", the
following shall be substituted, namely:"deduct;
(c)
in
the case referred to in clause (aa), in addition to the levy in accordance with
the provisions of that section, or interest, if any, in accordance with the
provisions of section 170, a penalty equal to the amount of equalisation levy
that he failed to pay; and";
(lv)
?in Section 172, for the word
"assessee", the words "assessee or e-commerce operator"
shall be substituted;
(lvi)
in Section
173,--
(lvii)
in
sub-section (1), for the word "assessee", the words "assessee or
e-commerce operator" shall be substituted;
(lviii) ?in sub-section (2), for the word
"assessee", the words "assessee or e-commerce operator"
shall be substituted;
(lix)
?in Section 174, in sub-section (1),
for the word "assessee", the words "assessee or e-commerce operator"
shall be substituted;
(lx)
?in Section 175,--
(lxi)
in
sub-section (1), for the word "assessee", the words "assessee or
e-commerce operator" shall be substituted;
(lxii)
in
sub-section (3), for the word "assessee", the words "assessee or
e-commerce operator" shall be substituted;
(lxiii) in Section
178,
for the word and figures "sections 120" the word and figures
"sections 119, 120" shall be substituted;
(lxiv) in Section
180,
in sub-section (1), for the words "expiry of a period of two years from
the date on which the provisions of this Chapter come into force", the
figures, letters and words "31st day of March, 2022" shall be
substituted.
Section 154 - Amendment of Sixth Schedule to Act 13 of 2018
PART
VII
AMENDMENT
TO THE FINANCE ACT, 2018
In the Finance Act, 2018, in the Sixth
Schedule, against Item Nos. 1 and 2, for the entry in column (3), the entry
"Rs. 18 per litre" shall be substituted.
Schedule I - FIRST SCHEDULE
THE
FIRST SCHEDULE
(See
section 2)
PART
I
Income-Tax
Paragraph
A
(1) In the case of every
individual other than the individual referred to in items (II) and (III) of
this Paragraph or Hindu undivided family or association of persons or body of
individuals, whether incorporated or not, or every artificial juridical person
referred to in sub-clause (vii) of clause (31) of section
2 of
the Income-tax Act, not being a case to which any other Paragraph of this Part
applies,--
Rates
of income-tax
(1) where the total income does not
exceed Rs. 2,50,000 |
Nil; |
(2) where the total income exceeds
Rs. 2,50,000 but does not exceed Rs. 5,00,000 |
5 per cent. of the amount by which
the total income exceeds Rs. 2,50,000; |
(3) where the total income exceeds
Rs. 5,00,000 but does not exceed Rs. 10,00,000 |
Rs. 12,500 plus 20 per cent. of the
amount by which the total income exceeds Rs. 5,00,000; |
(4) where the total income exceeds
Rs. 10,00,000 |
Rs. 1,12,500 plus 30 per cent. of the
amount by which the total income exceeds Rs. 10,00,000. |
(2) In the case of every
individual, being a resident in India, who is of the age of sixty years or more
but less than eighty years at any time during the previous year,-
Rates
of income-tax
(1) where the total income does not
exceed Rs. 3,00,000 |
Nil; |
(2) where the total income exceeds
Rs. 3,00,000 but does not exceed Rs. 5,00,000 |
5 per cent. of the amount by which
the total income exceeds Rs. 3,00,000; |
(3) where the total income exceeds
Rs. 5,00,000 but does not exceed Rs. 10,00,000 |
Rs. 10,000 plus 20 per cent. of the
amount by which the total income exceeds Rs. 5,00,000. |
(4) where the total income exceeds
Rs. 10,00,000 |
Rs. 1,10,000 plus 30 per cent. of the
amount by which the total income exceeds Rs. 10,00,000. |
(3) In the case of every
individual, being a resident in India, who is of the age of eighty years or
more at any time during the previous year,--
Rates
of income-tax
(1) where the total income does not
exceed Rs. 5,00,000 |
Nil; |
(2) where the total income exceeds
Rs. 5,00,000 but does not exceed Rs. 10,00,000 |
20 per cent. of the amount by which
the total income exceeds Rs. 5,00,000; |
(3) where the total income exceeds
Rs. 10,00,000 |
Rs. 1,00,000 plus 30 per cent. of the
amount by which the total income exceeds Rs. 10,00,000. |
Surcharge
on income-tax
The amount of income-tax computed in
accordance with the preceding provisions of this Paragraph, or the provisions
of section 111A or section
112 or section
112A of
the Income-tax Act, shall be increased by a surcharge for the purposes of the
Union, calculated, in the case of every individual or Hindu undivided family or
association of persons or body of individuals, whether incorporated or not, or
every artificial juridical person referred to in sub-clause (vii) of clause
(31) of section 2 of the Income-tax Act,--
(i)
having
a total income (including the income under the provisions of section
111A and section
112A of
the Income-tax Act) exceeding fifty lakh rupees but not exceeding one crore
rupees, at the rate of ten per cent. of such income-tax;
(ii)
having
a total income (including the income under the provisions of section
111A and section
112A of
the Income-tax Act) exceeding one crore rupees, but not exceeding two crore
rupees at the rate of fifteen per cent. of such income-tax;
(iii)
having
a total income (excluding the income under the provisions of section
111A and section
112A of
the Income-tax Act) exceeding two crore rupees but not exceeding five crore
rupees, at the rate of twenty-five per cent. of such income-tax;
(iv)
having
a total income (excluding the income under the provisions of section
111A and section
112A of
the Income-tax Act) exceeding five crore rupees, at the rate of thirty-seven
per cent. of such income-tax; and
(v)
having
a total income (including income under the provisions of section
111A and section
112A)
exceeding two crore rupees, but is not covered under clauses (c) and (d), shall
be applicable at the rate of fifteen per cent. of such income-tax:
Provided that in case where the total
income includes any income chargeable under section 111A and section
112A of
the Income-tax Act, the rate of surcharge on the amount of income-tax computed
in respect of that part of income shall not exceed fifteen per cent.:
Provided further that in the case of
persons mentioned above having total income exceeding,--
(vi)
?fifty lakh rupees but not exceeding one crore
rupees, the total amount payable as income-tax and surcharge on such income
shall not exceed the total amount payable as income-tax on a total income of
fifty lakh rupees by more than the amount of income that exceeds fifty lakh
rupees;
(vii)
one
crore rupees but does not exceed two crore rupees, the total amount payable as
income-tax and surcharge on such income shall not exceed the total amount
payable as income-tax and surcharge on a total income of one crore rupees by
more than the amount of income that exceeds one crore rupees;
(viii)
two
crore rupees but does not exceed five crore rupees, the total amount payable as
income-tax and surcharge on such income shall not exceed the total amount
payable as income-tax and surcharge on a total income of two crore rupees by
more than the amount of income that exceeds two crore rupees;
(ix)
five
crore rupees, the total amount payable as income-tax and surcharge on such
income shall not exceed the total amount payable as income-tax and surcharge on
a total income of five crore rupees by more than the amount of income that
exceeds five crore rupees.
Paragraph B
In the case of every co-operative society,--
Rates
of income-tax
(1) where the total income does not
exceed Rs. 10,000 |
10 per cent. of the total income; |
(2) where the total income exceeds
Rs. 10,000 but does not exceed Rs. 20,000 |
Rs. 1,000 plus 20 per cent. of the
amount by which the total income exceeds Rs. 10,000; |
(3) where the total income exceeds
Rs. 20,000 |
Rs. 3,000 plus 30 per cent. of the
amount by which the total income exceeds Rs. 20,00,000. |
Surcharge on
income-tax
The amount of income-tax computed in
accordance with the preceding provisions of this Paragraph, or the provisions
of section 111A or section
112 or section
112A of
the Income-tax Act, shall, in the case of every co-operative society, having a
total income exceeding one crore rupees, be increased by a surcharge for the
purposes of the Union calculated at the rate of twelve per cent. of such
income-tax:
Provided that in the case of every co-operative
society mentioned above having total income exceeding one crore rupees, the
total amount payable as income-tax and surcharge on such income shall not
exceed the total amount payable as income-tax on a total income of one crore
rupees by more than the amount of income that exceeds one crore rupees.
??????????????????????? Paragraph C
In the case of every firm,--
Rate
of income-tax
On the whole of the total income |
30 per cent. |
Surcharge
on income-tax
The amount of income-tax computed in
accordance with the preceding provisions of this Paragraph, or the provisions
of section 111A or section
112 or section
112A of
the Income-tax Act, shall, in the case of every firm, having a total income
exceeding one crore rupees, be increased by a surcharge for the purposes of the
Union calculated at the rate of twelve per cent. of such income-tax:
Provided that in the case of every firm
mentioned above having total income exceeding one crore rupees, the total
amount payable as income-tax and surcharge on such income shall not exceed the
total amount payable as income-tax on a total income of one crore rupees by
more than the amount of income that exceeds one crore rupees.
Paragraph D
In the case of every local authority,--
Rate
of income-tax
On the whole of the total income |
30 per cent. |
Surcharge
on income-tax
The amount of income-tax computed in
accordance with the preceding provisions of this Paragraph, or the provisions
of section 111A or section
112 or section
112A of
the Income-tax Act, shall, in the case of every local authority, having a total
income exceeding one crore rupees, be increased by a surcharge for the purposes
of the Union calculated at the rate of twelve per cent. of such income-tax:
Provided that in the case of every
local authority mentioned above having total income exceeding one crore rupees,
the total amount payable as income-tax and surcharge on such income shall not
exceed the total amount payable as income-tax on a total income of one crore
rupees by more than the amount of income that exceeds one crore rupees.
Paragraph E
In the case of a company,--
Rates of income-tax
I. In the case of a domestic
company,-- |
|
(i) where its total turnover or the
gross receipt in the previous year 2017-2018 does not exceed four hundred
crore rupees; |
25 per cent. of the total income; |
(ii) other than that referred to in
item (i) II. In the case of a company other
than a domestic company,-- |
30 per cent. of the total income; |
(i) on so much of the total income as
consists of,-- (a) royalties received from
Government or an Indian concern in pursuance of an agreement made by it with
the Government or the Indian concern |
50 per cent.; |
after the 31st day of March, 1961 but
before the 1st day of April, 1976; or (b) fees for rendering technical
services received from Government or an Indian concern in pursuance of an
agreement made by it with the Government or the Indian concern after the 29th
day of February, 1964 but before the 1st day of April, 1976, and where such
agreement has, in either case, been approved by the Central Government; |
|
(ii) on the balance, if any, of the
total income |
40 per cent.; |
Surcharge
on income-tax
The amount of income-tax computed in
accordance with the preceding provisions of this Paragraph, or the provisions
of section 111A or section
112 or section
112A of
the Income-tax Act, shall, be increased by a surcharge for the purposes of the
Union calculated,--
(i)
in
the case of every domestic company,--
(ii)
having
a total income exceeding one crore rupees but not exceeding ten crore rupees,
at the rate of seven per cent. of such income-tax; and
(iii)
having
a total income exceeding ten crore rupees, at the rate of twelve per cent. of
such income-tax;
(iv)
?in the case of every company other than a
domestic company,--
(v)
having
a total income exceeding one crore rupees but not exceeding ten crore rupees,
at the rate of two per cent. of such income-tax; and
(vi)
having
a total income exceeding ten crore rupees, at the rate of five per cent. of
such income-tax:
Provided that in the case of every
company having a total income exceeding one crore rupees but not exceeding ten
crore rupees, the total amount payable as income-tax and surcharge on such
income shall not exceed the total amount payable as income-tax on a total
income of one crore rupees by more than the amount of income that exceeds one
crore rupees:
Provided further that in the case of
every company having a total income exceeding ten crore rupees, the total
amount payable as income-tax and surcharge on such income shall not exceed the
total amount payable as income-tax and surcharge on a total income of ten crore
rupees by more than the amount of income that exceeds ten crore rupees.
PART II
RATES FOR DEDUCTION OF TAX AT SOURCE IN CERTAIN CASES
In every case in which under the
provisions of Sections 193, 194A, 194B, 194BB, 194D, 194LBA, 194LBB, 194LBC and 195 of the
Income-tax Act, tax is to be deducted at the rates in force, deduction shall be
made from the income subject to the deduction at the following rates:--
Rate
of income-tax
1.
In
the case of a person other than a company?
(a) where the person is resident in
India-- |
|
(i) on income by way of interest
other than "Interest on securities" |
10 per cent.; |
(ii) on income by way of winnings
from lotteries, crossword puzzles, card games and other games of any sort |
30 per cent.; |
(iii) on income by way of winnings
from horse races |
30 per cent.; |
(iv) on income by way of insurance
commission |
5 per cent.; |
(v) on income by way of interest
payable on-- (A) any debentures or securities for
money issued by or on behalf of any local authority or a corporation
established by a Central, State or Provincial Act; (B) any debentures issued by a
company where such debentures are listed on a recognised stock exchange in
India in accordance with the Securities Contracts (Regulation) Act, 1956 (42
of 1956) and any rules made there under; (C) any security of the Central or
State Government; |
10 per cent.; |
(vi) on any other income (b) where the person is not resident
in India-- (i) in the case of a non-resident
Indian-- |
10 per cent.; |
(A) on any investment income |
20 per cent.; |
(B) on income by way of long-term
capital gains referred to in Section 115E or sub-clause (iii) of clause (c)
of sub-section (1) of Section 112 |
10 per cent.; |
(C) on income by way of long-term
capital gains referred to in section 112A |
10 per cent.; |
(D) on other income by way of
long-term capital gains [not being capital gains referred to in clauses (33)
and (36) of section 10] referred to in section 112A exceeding one lakh rupees |
20 per cent.; |
(E) on income by way of short-term
capital gains referred to in section 111A |
15 per cent.; |
(F) on income by way of interest
payable by Government or an Indian concern on moneys borrowed or debt
incurred by Government or the Indian concern in foreign currency (not being
income by way of interest referred to in section 194LB or section 194LC) |
20 per cent.; |
(G) on income by way of royalty
payable by Government or an Indian concern in pursuance of an agreement made
by it with the Government or the Indian concern where such royalty is in
consideration for the transfer of all or any rights (including the granting
of a licence) in respect of copyright in any book on a subject referred to in
the first proviso to sub-section (1A) of Section 115A of the
Income-tax Act, to the Indian concern, or in respect of any computer software
referred to in the second proviso to sub-section (1A) of Section
115A of
the Income-tax Act, to a person resident in India |
10 per cent.; |
(H) on income by way of royalty [not
being royalty of the nature referred to in sub-item (b)(i)(G)] payable by
Government or an Indian concern in pursuance of an agreement made by it with
the Government or the Indian concern and where such agreement is with an
Indian concern, the agreement is approved by the Central Government or where
it relates to a matter included in the industrial policy, |
10 per cent.; |
for the time being in force, of the Government
of India, the agreement is in accordance with that policy |
|
(I) on income by way of fees for
technical services payable by Government or an Indian concern in pursuance of
an agreement made by it with the Government or the Indian concern and where
such agreement is with an Indian concern, the agreement is approved by the
Central Government or where it relates to a matter included in the industrial
policy, for the time being in force, of the Government of India, the
agreement is in accordance with that policy |
10 per cent.; |
(J) on income by way of winnings from
lotteries, crossword puzzles, card games and other games of any sort |
30 per cent.; |
(K) on income by way of winnings from
horse races |
30 per cent.; |
(L) on income by way of dividend |
20 per cent; |
(M) on the whole of the other income (ii) in the case of any other
person-- |
30 per cent.; |
(A) on income by way of interest
payable by Government or an Indian concern on moneys borrowed or debt
incurred by Government or the Indian concern in foreign currency (not being
income by way of interest referred to in section 194LB or section 194LC) |
20 per cent.; |
(B) on income by way of royalty
payable by Government or an Indian concern in pursuance of an agreement made
by it with the Government or the Indian concern where such royalty is in
consideration for the transfer of all or any rights (including the granting
of a licence) in respect of copyright in any book on a subject referred to in
the first proviso to sub-section (1A) of Section 115A of the
Income-tax Act, to the Indian concern, or in respect of any computer software
referred to in the second proviso to sub-section (1A) of section
115A of
the Income-tax Act, to a person resident in India |
10 per cent.; |
(C) on income by way of royalty [not
being royalty of the nature referred to in sub-item (b)(ii)(B)] payable by
Government or an Indian concern in pursuance of an agreement made by it with
the Government or the Indian concern and where such agreement is with an
Indian concern, the agreement is approved by the Central Government or where
it relates to a matter included in the industrial policy, for the time being
in force, of the Government of India, the agreement is in accordance with
that policy |
10 per cent.; |
(D) on income by way of fees for technical
services payable by Government or an Indian concern in pursuance of an
agreement made by it with the Government or the Indian concern and where such
agreement is with an Indian concern, the agreement is approved by the Central
Government or where it relates to a matter included in the industrial policy,
for the time being in force, of the Government of India, the agreement is in
accordance with that policy |
10 per cent.; |
(E) on income by way of winnings from
lotteries, crossword puzzles, card games and other games of any sort |
30 per cent.; |
(F) on income by way of winnings from
horse races |
30 per cent.; |
(G) on income by way of short-term
capital gains referred to in section 111A |
15 per cent.; |
(H) on income by way of long-term
capital gains referred to in sub-clause (iii) of clause (c) of sub-section
(1) of section 112 |
10 per cent.; |
(I) on income by way of long-term
capital gains referred to in section 112A exceeding one lakh rupees |
10 per cent.; |
(J) on income by way of other
long-term capital gains [not being long-term capital gains referred to in
clauses (33) and (36) of section 10] |
20 per cent.; |
(K) on income by way of dividend |
20 per cent.; |
(L) on the whole of the other income |
30 per cent.; |
2. In the case of a company-- (a) where the company is a domestic
company-- |
|
(i) on income by way of interest
other than "Interest on securities" |
10 per cent.; |
(ii) on income by way of winnings
from lotteries, crossword puzzles, card games and other games of any sort |
30 per cent.; |
(iii) on income by way of winnings
from horse races |
30 per cent.; |
(iv) on any other income |
10 per cent.; |
(b) where the company is not a
domestic company-- |
|
(i) on income by way of winnings from
lotteries, crossword puzzles, card games and other games of any sort |
30 per cent.; |
(ii) on income by way of winnings
from horse races |
30 per cent.; |
(iii) on income by way of interest
payable by Government or an Indian concern on moneys borrowed or debt
incurred by Government or the Indian concern in foreign currency (not being
income by way of interest referred to in section 194LB or section 194LC) |
20 per cent.; |
(iv) on income by way of royalty
payable by Government or an Indian concern in pursuance of an agreement made
by it with the Government or the Indian concern after the 31st day of March,
1976 where such royalty is in consideration for the transfer of all or any
rights (including the granting of a licence) in respect of copyright in any
book on a subject referred to in the first proviso to sub-section (1A) of section
115A of
the Income-tax Act, to the Indian concern, or in respect of any computer
software referred to in the second proviso to sub-section (1A) of section
115A of
the Income-tax Act, to a person resident in India (v) on income by way of royalty [not
being royalty of the nature referred to in sub-item (b)(iv)] payable by
Government or an Indian concern in pursuance of an agreement made by it with
the Government or the Indian concern and where such agreement is with an
Indian concern, the agreement is approved by the Central Government or where
it relates to a matter included in the industrial policy, for the time being
in force, of the Government of India, the agreement is in accordance with
that policy-- |
10 per cent.; |
(A) where the agreement is made after
the 31st day of March, 1961 but before the 1st day of April, 1976 |
50 per cent.; |
(B) where the agreement is made after
the 31st day of March, 1976 (vi) on income by way of fees for
technical services payable by the Government or an Indian concern in
pursuance of an agreement made by it with the Government or the Indian
concern and where such agreement is with an Indian concern, the agreement is
approved by the Central Government or where it relates to a matter included
in the industrial policy, for the time being in force, of the Government of
India, the agreement is in accordance with that policy-- |
10 per cent.; |
(A) where the agreement is made after
the 29th day of February, 1964 but before the 1st day of April, 1976 |
50 per cent.; |
(B) where the agreement is made after
the 31st day of March, 1976 |
10 per cent.; |
(vii) on income by way of short-term
capital gains referred to in section 111A |
15 per cent.; |
(viii) on income by way of long-term
capital gains referred to in sub-clause (iii) of clause (c) of sub-section
(1) of section 112 |
10 per cent.; |
(ix) on income by way of long-term
capital gains referred to in section 112A exceeding one lakh rupees |
10 per cent.; |
(x) on income by way of other
long-term capital gains [not being long-term capital gains referred to in
clauses (33) and (36) of section 10] |
20 per cent.; |
(xi) on income by way of dividend |
20 per cent.; |
(xii) on any other income |
40 per cent.. |
Explanation.--For the purposes of item
1(b)(i) of this Part, "investment income" and "non-resident
Indian" shall have the respective meanings assigned to them in Chapter
XII-A of the Income-tax Act.Surcharge on income-taxThe amount of income-tax
deducted in accordance with the provisions of--
2.
item
1 of this Part, shall be increased by a surcharge, for the purposes of the
Union,--
3.
in
the case of every individual or Hindu undivided family or association of
persons or body of individuals, whether incorporated or not, or every
artificial juridical person referred to in sub-clause (vii) of clause (31)
of section 2 of the Income-tax Act, being a
non-resident, calculated,--
4.
at
the rate of ten per cent. of such tax, where the income or the aggregate of
such incomes (including the income by way of dividend or income under the
provisions of sections 111A and 112A of the
Income-tax Act) paid or likely to be paid and subject to the deduction exceeds
fifty lakh rupees but does not exceed one crore rupees;
5.
at
the rate of fifteen per cent. of such tax, where the income or the aggregate of
such incomes (including the income by way of dividend or income under the
provisions of sections 111A and 112A of the
Income-tax Act) paid or likely to be paid and subject to the deduction exceeds
one crore rupees but does not exceed two crore rupees;
6.
at
the rate of twenty-five per cent. of such tax, where the income or the
aggregate of such incomes (excluding the income by way of dividend or income
under the provisions of sections 111A and 112A of the
Income-tax Act) paid or likely to be paid and subject to the deduction exceeds
two crore rupees but does not exceed five crore rupees; and
7.
at
the rate of thirty-seven per cent. of such tax, where the income or the
aggregate of such incomes (excluding the income by way of dividend or income
under the provisions of sections 111A and 112A of the
Income-tax Act) paid or likely to be paid and subject to the deduction exceeds
five crore rupees;
8.
at
the rate of fifteen per cent. of such tax, where the income or aggregate of
such incomes (including income by way of dividend or income under the
provisions of section 111A and section
112A of
the Income-tax Act) paid or likely to be paid and subject to the deduction
exceeds two crore rupees, but is not covered under sub-clauses III and IV:
Provided that in case where the total
income includes any income by way of dividend or income chargeable under section
111A and section
112A of
the Income-tax Act, the rate of surcharge on the amount of Income-tax deducted
in respect of that part of income shall not exceed fifteen per cent.;
9.
in
the case of every co-operative society or firm, being a non-resident,
calculated at the rate of twelve per cent., where the income or the aggregate
of such incomes paid or likely to be paid and subject to the deduction exceeds
one crore rupees;
10.
Item
2 of this Part shall be increased by a surcharge, for the purposes of the
Union, in the case of every company other than a domestic company,
calculated,--
(a)
at
the rate of two per cent. of such income-tax where the income or the aggregate
of such incomes paid or likely to be paid and subject to the deduction exceeds
one crore rupees but does not exceed ten crore rupees; and
(b)
at
the rate of five per cent. of such income-tax where the income or the aggregate
of such incomes paid or likely to be paid and subject to the deduction exceeds
ten crore rupees.
PART III
RATES FOR CHARGING INCOME-TAX IN CERTAIN CASES, DEDUCTING INCOME-TAX FROM INCOME CHARGEABLE UNDER THE HEAD "SALARIES" AND COMPUTING "ADVANCE TAX"
In cases in which income-tax has to be
charged under sub-section (4) of section 172 of the
Income-tax Act or sub-section (2) of section 174 or section
174A or Section
175 or
sub-section (2) of section 176 of the said Act
or deducted from, or paid on, from income chargeable under the head
"Salaries" under section 192 of the said Act
or in which the "advance tax" payable under Chapter XVII-C of the
said Act has to be computed at the rate or rates in force, such income-tax or,
as the case may be, "advance tax" [not being "advance tax"
in respect of any income chargeable to tax under Chapter XII or Chapter XII-A
or income chargeable to tax under section 115JB or section
115JC or
Chapter XII-FA or Chapter XII-FB or sub-section (1A) of section
161 or section
164 or section
164A or section
167B of
the Income-tax Act at the rates as specified in that Chapter or section or
surcharge, wherever applicable, on such "advance tax" in respect of
any income chargeable to tax under section 115A or section
115AB or section
115AC or section
115ACA or section
115AD or section
115B or section
115BA or section
115BAA or section
115BAB or section
115BAD or section
115BB or section
115BBA or section
115BBC or section
115BBD or section
115BBDA or section
115BBE or section
115BBF or section
115BBG or section
115E or section
115JB or section
115JC]
shall be charged, deducted or computed at the following rate or rates:--
Paragraph A
(1) In the case of every
individual other than the individual referred to in items (II) and (III) of
this Paragraph or Hindu undivided family or association of persons or body of
individuals, whether incorporated or not, or every artificial juridical person
referred to in sub-clause (vii) of clause (31) of section
2 of
the Income-tax Act, not being a case to which any other Paragraph of this Part
applies,--
Rates
of income-tax
(1) where the total income does not
exceed Rs. 2,50,000 |
Nil; |
(2) where the total income exceeds
Rs. 2,50,000 but does not exceed Rs. 5,00,000 |
5 per cent. of the amount by which
the total income exceeds Rs. 2,50,000; |
(3) where the total income exceeds
Rs. 5,00,000 but does not exceed Rs. 10,00,000 |
Rs. 12,500 plus 20 per cent. of the
amount by which the total income exceeds Rs. 5,00,000; |
(4) where the total income exceeds
Rs. 10,00,000 |
Rs. 1,12,500 plus 30 per cent. of the
amount by which the total income exceeds Rs. 10,00,000. |
(2) In the case of every
individual, being a resident in India, who is of the age of sixty years or more
but less than eighty years at any time during the previous year,--
Rates
of income-tax
(1) where the total income does not
exceed Rs. 3,00,000 |
Nil; |
(2) where the total income exceeds
Rs. 3,00,000 but does not exceed Rs. 5,00,000 |
5 per cent. of the amount by which
the total income exceeds Rs. 3,00,000; |
(3) where the total income exceeds
Rs. 5,00,000 but does not exceed Rs. 10,00,000 |
Rs. 10,000 plus 20 per cent. of the
amount by which the total income exceeds Rs. 5,00,000; |
(4) where the total income exceeds
Rs. 10,00,000 |
Rs. 1,10,000 plus 30 per cent. of the
amount by which the total income exceeds Rs. 10,00,000. |
(3) In the case of every
individual, being a resident in India, who is of the age of eighty years or
more at any time during the previous year,--
Rates
of income-tax
(1) where the total income does not exceed
Rs. 5,00,000 |
Nil; |
(2) where the total income exceeds
Rs. 5,00,000 but does not exceed Rs. 10,00,000 |
20 per cent. of the amount by which
the total income exceeds Rs. 5,00,000; |
(3) where the total income exceeds
Rs. 10,00,000 |
Rs. 1,00,000 plus 30 per cent. of the
amount by which the total income exceeds Rs. 10,00,000. |
Surcharge
on income-tax
The amount of income-tax computed in
accordance with the preceding provisions of this Paragraph, or the provisions
of section 111A or section
112 or section
112A or
the provisions of ection 115BAC, of the Income-tax
Act, shall be increased by a surcharge for the purposes of the Union,
calculated, in the case of every individual or Hindu undivided family or
association of persons or body of individuals, whether incorporated or not, or
every artificial juridical person referred to in sub-clause (vii) of clause
(31) of Section 2 of the Income-tax Act,--
(a)
having
a total income (including the income by way of dividend or income under the
provisions of Section 111A and Section
112A of
the Income-tax Act) exceeding fifty lakh rupees but not exceeding one crore
rupees, at the rate of ten per cent. of such income-tax;
(b)
having
a total income (including the income by way of dividend or income under the provisions
of Section 111A and Section
112A of
the Income-tax Act) exceeding one crore rupees but not exceeding two crore
rupees, at the rate of fifteen per cent. of such income-tax;
(c)
having
a total income (excluding the income by way of dividend or income under the
provisions of Section 111A and Section
112A of
the Income-tax Act) exceeding two crore rupees but not exceeding five crore
rupees, at the rate of twenty-five per cent. of such income-tax;
(d)
having
a total income (excluding the income by way of dividend or income under the
provisions of Section 111A and Section
112A of
the Income-tax Act) exceeding five crore rupees, at the rate of thirty-seven
per cent. of such income-tax; and
(e)
having
a total income (including the income by way of dividend or income under the
provisions of Section 111A and Section
112A)
exceeding two crore rupees, but is not covered under clauses (c) and (d), shall
be applicable at the rate of fifteen per cent. of such income-tax:
Provided that in case where the total
income includes any income by way of dividend or income chargeable under Section
111A and Section
112A of
the Income-tax Act, the rate of surcharge on the amount of Income-tax computed
in respect of that part of income shall not exceed fifteen per cent.:
Provided further that in the case of
persons mentioned above having total income exceeding,--
(f)
fifty
lakh rupees but not exceeding one crore rupees, the total amount payable as
income-tax and surcharge on such income shall not exceed the total amount
payable as income-tax on a total income of fifty lakh rupees by more than the
amount of income that exceeds fifty lakh rupees;
(g)
one
crore rupees but does not exceed two crore rupees, the total amount payable as
income-tax and surcharge on such income shall not exceed the total amount
payable as income-tax and surcharge on a total income of one crore rupees by
more than the amount of income that exceeds one crore rupees;
(h)
?two crore rupees but does not exceed five
crore rupees, the total amount payable as income-tax and surcharge on such
income shall not exceed the total amount payable as income-tax and surcharge on
a total income of two crore rupees by more than the amount of income that
exceeds two crore rupees;
(i)
five
crore rupees, the total amount payable as income-tax and surcharge on such
income shall not exceed the total amount payable as income-tax and surcharge on
a total income of five crore rupees by more than the amount of income that
exceeds five crore rupees.
Paragraph B
In the case of every co-operative society,--
Rates
of income-tax
(1) where the total income does not
exceed Rs. 10,000 |
10 per cent. of the total income; |
(2) where the total income exceeds
Rs. 10,000 but does not exceed Rs. 20,000 |
Rs. 1,000 plus 20 per cent. of the
amount by which the total income exceeds Rs. 10,000; |
(3) where the total income exceeds
Rs. 20,000 |
Rs. 3,000 plus 30 per cent. of the
amount by which the total income exceeds Rs. 20,000. |
Surcharge
on income-tax
The amount of income-tax computed in
accordance with the preceding provisions of this Paragraph, or the provisions
of Section 111A or Section
112 or Section
112A of
the Income-tax Act, shall, in the case of every co-operative society, having a
total income exceeding one crore rupees, be increased by a surcharge for the
purposes of the Union calculated at the rate of twelve per cent. of such
income-tax:
Provided that in the case of every
co-operative society mentioned above having total income exceeding one crore
rupees, the total amount payable as income-tax and surcharge on such income
shall not exceed the total amount payable as income-tax on a total income of
one crore rupees by more than the amount of income that exceeds one crore
rupees.
Paragraph C
In the case of every firm,--
Rate
of income-tax
On the whole of the total income |
30 per cent. |
Surcharge
on income-tax
The amount of income-tax computed in
accordance with the preceding provisions of this Paragraph, or the provisions
of Section 111A or Section
112 or Section
112A of
the Income-tax Act, shall, in the case of every firm, having a total income
exceeding one crore rupees, be increased by a surcharge for the purposes of the
Union calculated at the rate of twelve per cent. of such income-tax:
Provided that in the case of every firm
mentioned above having total income exceeding one crore rupees, the total
amount payable as income-tax and surcharge on such income shall not exceed the
total amount payable as income-tax on a total income of one crore rupees by
more than the amount of income that exceeds one crore rupees.
Paragraph D
In the case of every local authority,--
Rate
of income-tax
On the whole of the total income |
30 per cent. |
Surcharge
on income-tax
The amount of income-tax computed in
accordance with the preceding provisions of this Paragraph, or the provisions
of Section 111A or Section
112 or Section
112A of
the Income-tax Act, shall, in the case of every local authority, having a total
income exceeding one crore rupees, be increased by a surcharge for the purposes
of the Union calculated at the rate of twelve per cent. of such income-tax:
Provided that in the case of every
local authority mentioned above having total income exceeding one crore rupees,
the total amount payable as income-tax and surcharge on such income shall not
exceed the total amount payable as income-tax on a total income of one crore
rupees by more than the amount of income that exceeds one crore rupees.
Paragraph E
In the case of a company,--
Rates
of income-tax
I. In the case of a domestic
company,-- |
|
(i) where its total turnover or the
gross receipt in the previous year 2018-2019 does not exceed four hundred
crore rupees; |
25 per cent. of the total income; |
(ii) other than that referred to in
item (i) |
30 per cent. of the total income; |
II. In the case of a company other
than a domestic company,-- |
|
(i) on so much of the total income as
consists of,-- (a) royalties received from the
Government or an Indian concern in pursuance of an agreement made by it with
the Government or the Indian concern after the 31st day of March, 1961 but
before the 1st day of April, 1976; or (b) fees for rendering technical
services received from Government or an Indian concern in pursuance of an
agreement made by it with the Government or the Indian concern after the 29th
day of February, 1964 but before the 1st day of April, 1976, |
50 per cent.; |
and where such agreement has, in
either case, been approved by the Central Government; |
50 per cent.; |
(ii) on the balance, if any, of the
total income |
40 per cent. |
Surcharge
on income-tax
The amount of income-tax computed in
accordance with the preceding provisions of this Paragraph, or the provisions
of Section 111A or Section
112 or Section
112A of
the Income-tax Act, shall, be increased by a surcharge for the purposes of the
Union, calculated,--
(i)
in
the case of every domestic company,--
(ii)
having
a total income exceeding one crore rupees but not exceeding ten crore rupees,
at the rate of seven per cent. of such income-tax; and
(iii)
having
a total income exceeding ten crore rupees, at the rate of twelve per cent. of
such income-tax;
(iv)
in
the case of every company other than a domestic company,--
(v)
having
a total income exceeding one crore rupees but not exceeding ten crore rupees,
at the rate of two per cent. of such income-tax; and
(vi)
having
a total income exceeding ten crore rupees, at the rate of five per cent. of
such income-tax:
Provided that in the case of every
company having a total income exceeding one crore rupees but not exceeding ten
crore rupees, the total amount payable as income-tax and surcharge on such
income shall not exceed the total amount payable as income-tax on a total
income of one crore rupees by more than the amount of income that exceeds one
crore rupees:
Provided further that in the case of
every company having a total income exceeding ten crore rupees, the total
amount payable as income-tax and surcharge on such income shall not exceed the
total amount payable as income-tax and surcharge on a total income of ten crore
rupees by more than the amount of income that exceeds ten crore rupees.
PART IV
[See section 2 (13)(c)]
RULES
FOR COMPUTATION OF NET AGRICULTURAL INCOME
(i) Agricultural income
of the nature referred to in sub-clause (a) of clause (1A) of Section
2 of
the Income-tax Act shall be computed as if it were income chargeable to
income-tax under that Act under the head "Income from other sources"
and the provisions of sections 57 to 59 of that Act shall, so far as may be,
apply accordingly:
Provided that sub-section (2) of Section
58 shall
apply subject to the modification that the reference to section 40A therein
shall be construed as not including a reference to sub-sections (3), (3A) and
(4) of section 40A.
(ii)
Agricultural
income of the nature referred to in sub-clause (b) or sub-clause (c) of clause
(1A) of section 2 of the Income-tax Act [other than income derived from any
building required as a dwelling-house by the receiver of the rent or revenue of
the cultivator or the receiver of rent-in-kind referred to in the said
sub-clause (c)] shall be computed as if it were income chargeable to income-tax
under that Act under the head "Profits and gains of business or
profession" and the provisions of Sections 30, 31, 32, 36, 37, 38, 40, 40A [other than
sub-sections (3), (3A) and (4) thereof], 41, 43, 43A, 43B and 43C of the Income-tax
Act shall, so far as may be, apply accordingly.
(iii)
Agricultural
income of the nature referred to in sub-clause (c) of clause (1A)
of Section 2 of the Income-tax Act, being
income derived from any building required as a dwelling-house by the receiver
of the rent or revenue or the cultivator or the receiver of rent-in-kind
referred to in the said sub-clause (c) shall be computed as if it were income
chargeable to income-tax under that Act under the head "Income from house
property" and the provisions of sections 23 to 27 of that Act shall, so
far as may be, apply accordingly.
(iv)
Notwithstanding
anything contained in any other provisions of these rules, in a case?
(a)
where
the assessee derives income from sale of tea grown and manufactured by him in
India, such income shall be computed in accordance with rule 8 of the
Income-tax Rules, 1962, and sixty per cent. of such income shall be regarded as
the agricultural income of the assessee;
(b)
where
the assessee derives income from sale of centrifuged latex or cenex or latex
based crepes (such as pale latex crepe) or brown crepes (such as estate brown
crepe, re-milled crepe, smoked blanket crepe or flat bark crepe) or technically
specified block rubbers manufactured or processed by him from rubber plants
grown by him in India, such income shall be computed in accordance with rule 7A
of the Income-tax Rules, 1962, and sixty-five per cent. of such income shall be
regarded as the agricultural income of the assessee;
(c)
where
the assessee derives income from sale of coffee grown and manufactured by him
in India, such income shall be computed in accordance with rule 7B of the
Income-tax Rules, 1962, and sixty per cent. or seventy-five per cent., as the
case may be, of such income shall be regarded as the agricultural income of the
assessee.
(v)
Where
the assessee is a member of an association of persons or a body of individuals
(other than a Hindu undivided family, a company or a firm) which in the
previous year has either no income chargeable to tax under the Income-tax Act
or has total income not exceeding the maximum amount not chargeable to tax in
the case of an association of persons or a body of individuals (other than a
Hindu undivided family, a company or a firm) but has any agricultural income
then, the agricultural income or loss of the association or body shall be
computed in accordance with these rules and the share of the assessee in the
agricultural income or loss so computed shall be regarded as the agricultural
income or loss of the assessee.
(vi)
Where
the result of the computation for the previous year in respect of any source of
agricultural income is a loss, such loss shall be set off against the income of
the assessee, if any, for that previous year from any other source of
agricultural income:
Provided that where the assessee is a
member of an association of persons or a body of individuals and the share of
the assessee in the agricultural income of the association or body, as the case
may be, is a loss, such loss shall not be set off against any income of the
assessee from any other source of agricultural income.
(vii)
Any
sum payable by the assessee on account of any tax levied by the State
Government on the agricultural income shall be deducted in computing the
agricultural income.
(viii)
Rule
8.?
(ix)
Where
the assessee has, in the previous year relevant to the assessment year
commencing on the 1st day of April, 2020, any agricultural income and the net
result of the computation of the agricultural income of the assessee for any
one or more of the previous years relevant to the assessment years commencing
on the 1st day of April, 2012 or the 1st day of April, 2013 or the 1st day of
April, 2014 or the 1st day of April, 2015 or the 1st day of April, 2016 or the
1st day of April, 2017 or the 1st day of April, 2018 or the 1st day of April,
2019, is a loss, then, for the purposes of sub-section (2) of Section
2 of
this Act,--
(x)
the
loss so computed for the previous year relevant to the assessment year
commencing on the 1st day of April, 2012, to the extent, if any, such loss has
not been set off against the agricultural income for the previous year relevant
to the assessment year commencing on the 1st day of April, 2013 or the 1st day
of April, 2014 or the 1st day of April, 2015 or the 1st day of April, 2016 or
the 1st day of April, 2017 or the 1st day of April, 2018 or the 1st day of
April, 2019,
(xi)
the
loss so computed for the previous year relevant to the assessment year
commencing on the 1st day of April, 2013, to the extent, if any, such loss has
not been set off against the agricultural income for the previous year relevant
to the assessment year commencing on the 1st day of April, 2014 or the 1st day
of April, 2015 or the 1st day of April, 2016 or the 1st day of April, 2017 or
the 1st day of April, 2018 or the 1st day of April, 2019,
(xii)
the
loss so computed for the previous year relevant to the assessment year
commencing on the 1st day of April, 2014, to the extent, if any, such loss has
not been set off against the agricultural income for the previous year relevant
to the assessment year commencing on the 1st day of April, 2015 or the 1st day
of April, 2016 or the 1st day of April, 2017 or the 1st day of April, 2018 or
the 1st day of April, 2019,
(xiii)
the
loss so computed for the previous year relevant to the assessment year
commencing on the 1st day of April, 2015, to the extent, if any, such loss has
not been set off against the agricultural income for the previous year relevant
to the assessment year commencing on the 1st day of April, 2016 or the 1st day
of April, 2017 or the 1st day of April, 2018 or the 1st day of April, 2019,
(xiv) the loss so computed
for the previous year relevant to the assessment year commencing on the 1st day
of April, 2016, to the extent, if any, such loss has not been set off against
the agricultural income for the previous year relevant to the assessment year
commencing on the 1st day of April, 2017 or the 1st day of April, 2018 or the
1st day of April, 2019,
(xv)
?the loss so computed for the previous year
relevant to the assessment year commencing on the 1st day of April, 2017, to
the extent, if any, such loss has not been set off against the agricultural
income for the previous year relevant to the assessment year commencing on the
1st day of April, 2018 or the 1st day of April, 2019,
(xvi) the loss so computed
for the previous year relevant to the assessment year commencing on the 1st day
of April, 2018, to the extent, if any, such loss has not been set off against
the agricultural income for the previous year relevant to the assessment year
commencing on the 1st day of April, 2019,
(xvii) ?the loss so computed for the previous year
relevant to the assessment year commencing on the 1st day of April, 2019, shall
be set off against the agricultural income of the assessee for the previous
year relevant to the assessment year commencing on the 1st day of April, 2020.
(xviii)
Where
the assessee has, in the previous year relevant to the assessment year
commencing on the 1st day of April, 2021, or, if by virtue of any provision of
the Income-tax Act, income-tax is to be charged in respect of the income of a
period other than the previous year, in such other period, any agricultural
income and the net result of the computation of the agricultural income of the
assessee for any one or more of the previous years relevant to the assessment
years commencing on the 1st day of April, 2013 or the 1st day of April, 2014 or
the 1st day of April, 2015 or the 1st day of April, 2016 or the 1st day of
April, 2017 or the 1st day of April, 2018 or the 1st day of April, 2019 or the
1st day of April, 2020, is a loss, then, for the purposes of sub-section (10)
of Section 2 of this Act,--
(xix) the loss so computed
for the previous year relevant to the assessment year commencing on the 1st day
of April, 2013, to the extent, if any, such loss has not been set off against
the agricultural income for the previous year relevant to the assessment year
commencing on the 1st day of April, 2014 or the 1st day of April, 2015 or the
1st day of April, 2016 or the 1st day of April, 2017 or the 1st day of April,
2018 or the 1st day of April, 2019 or the 1st day of April, 2020,
(xx)
the
loss so computed for the previous year relevant to the assessment year
commencing on the 1st day of April, 2014, to the extent, if any, such loss has
not been set off against the agricultural income for the previous year relevant
to the assessment year commencing on the 1st day of April, 2015 or the 1st day
of April, 2016 or the 1st day of April, 2017 or the 1st day of April, 2018 or
the 1st day of April, 2019 or the 1st day of April, 2020,
(xxi) ?the loss so computed for the previous year
relevant to the assessment year commencing on the 1st day of April, 2015, to
the extent, if any, such loss has not been set off against the agricultural
income for the previous year relevant to the assessment year commencing on the
1st day of April, 2016 or the 1st day of April, 2017 or the 1st day of April,
2018 or the 1st day of April, 2019 or the 1st day of April, 2020,
(xxii) ?the loss so computed for the previous year
relevant to the assessment year commencing on the 1st day of April, 2016, to
the extent, if any, such loss has not been set off against the agricultural
income for the previous year relevant to the assessment year commencing on the
1st day of April, 2017 or the 1st day of April, 2018 or the 1st day of April,
2019 or the 1st day of April, 2020,
(xxiii)
the
loss so computed for the previous year relevant to the assessment year
commencing on the 1st day of April, 2017, to the extent, if any, such loss has
not been set off against the agricultural income for the previous year relevant
to the assessment year commencing on the 1st day of April, 2018 or the 1st day
of April, 2019 or the 1st day of April, 2020,
(xxiv)
the
loss so computed for the previous year relevant to the assessment year commencing
on the 1st day of April, 2018, to the extent, if any, such loss has not been
set off against the agricultural income for the previous year relevant to the
assessment year commencing on the 1st day of April, 2019 or the 1st day of
April, 2020,
(xxv) the loss so computed for the previous
year relevant to the assessment year commencing on the 1st day of April, 2019,
to the extent, if any, such loss has not been set off against the agricultural
income for the previous year relevant to the assessment year commencing on the
1st day of April, 2020,
(xxvi)
the
loss so computed for the previous year relevant to the assessment year
commencing on the 1st day of April, 2020, shall be set off
against the agricultural income of the assessee for the previous year relevant
to the assessment year commencing on the 1st day of April, 2021.
(xxvii)
Where
any person deriving any agricultural income from any source has been succeeded
in such capacity by another person, otherwise than by inheritance, nothing in
sub-rule (1) or sub-rule (2) shall entitle any person, other than the person
incurring the loss, to have it set off under sub-rule (1) or, as the case may
be, sub-rule (2).
(xxviii) Notwithstanding
anything contained in this rule, no loss which has not been determined by the
Assessing Officer under the provisions of these rules or the rules contained in
the First Schedule to the Finance Act, 2012 (23 of 2012) or the First Schedule
to the Finance Act, 2013 (17 of 2013) or the First Schedule to the Finance (No.
2) Act, 2014 (25 of 2014) or the First Schedule to the Finance Act, 2015 (20 of
2015) or the First Schedule to the Finance Act, 2016 (28 of 2016) or the First
Schedule to the Finance Act, 2017 (7 of 2017) or the First Schedule to the
Finance Act, 2018 (13 of 2018) or the First Schedule of the Finance (No. 2)
Act, 2019 (23 of 2019) shall be set off under sub-rule (1) or, as the case may
be, sub-rule (2).
(xxix)
Where
the net result of the computation made in accordance with these rules is a
loss, the loss so computed shall be ignored and the net agricultural income
shall be deemed to be nil.
(xxx)The provisions of the Income-tax Act
relating to procedure for assessment (including the provisions of section 288A
relating to rounding off of income) shall, with the necessary modifications,
apply in relation to the computation of the net agricultural income of the
assessee as they apply in relation to the assessment of the total income.
(xxxi)
For
the purposes of computing the net agricultural income of the assessee, the
Assessing Officer shall have the same powers as he has under the Income-tax Act
for the purposes of assessment of the total income.
Schedule II - SECOND SCHEDULE
THE
SECOND SCHEDULE
[See
section 117 (a)]
In the Customs Tariff Act, in the First
Schedule,--
(1)
in
Chapter 8, for the entry in column (4) occurring against tariff item 0802 32
00, the entry "100%" shall be substituted;
(2)
in
Chapter 38, for the entry in column (4) occurring against tariff item 3824 99
00, the entry "17.5%" shall be substituted;
(3)
in
Chapter 64,--
(4)
for
the entry in column (4) occurring against all the tariff items of headings
6401, 6402, 6403, 6404 and 6405, the entry "35%" shall be
substituted;
(5)
for
the entry in column (4) occurring against all the tariff items of heading 6406,
the entry "20%" shall be substituted;
(6)
in
Chapter 67, for the entry in column (4) occurring against all the tariff items
of heading 6702, the entry "20%" shall be substituted;
(7)
in
Chapter 69, for the entry in column (4) occurring against tariff items 6911 10
11, 6911 10 19, 6911 10 21, 6911 10 29, 6911 90 20, 6911 90 90, 6912 00 10,
6912 00 20, 6912 00 40 and 6912 00 90, the entry "20%" shall be
substituted;
(8)
in
Chapter 70,--
(9)
for
the entry in column (4) occurring against all the tariff items of heading 7013,
the entry "20%" shall be substituted;
(10)
?for the entry in column (4) occurring against
tariff item 7018 10 20, the entry "20%" shall be substituted;
(11)
in
Chapter 71, for the entry in column (4) occurring against all the tariff items
of heading 7118, the entry "12.5%" shall be substituted;
(12)
in
Chapter 73, for the entry in column (4) occurring against all the tariff items
of heading 7323, the entry "20%" shall be substituted;
(13)
in
Chapter 74, for the entry in column (4) occurring against all the tariff items
of sub-heading 7418 10, the entry "20%" shall be substituted;
(14)
in
Chapter 76, for the entry in column (4) occurring against all the tariff items
of sub-heading 7615 10, the entry "20%" shall be substituted;
(15)
in
Chapter 83,--
(16)
for
the entry in column (4) occurring against tariff items 8301 10 00, 8301 30 00,
8301 40 10, 8301 40 90, 8301 50 00, 8301 60 00 and 8301 70 00, the entry
"20%" shall be substituted;
(17)
?for the entry in column (4) occurring against
tariff item 8304 00 00, the entry "20%" shall be substituted;
(18)
for
the entry in column (4) occurring against all the tariff items of headings
8305, 8306 and 8310, the entry "20%" shall be substituted;
(19)
in
Chapter 84,--
(i)
for
the entry in column (4) occurring against tariff item 8414 30 00, the entry
"12.5%" shall be substituted;
(ii) for the entry in
column (4) occurring against tariff items 8414 51 10, 8414 51 20 and 8414 51
30, the entry "20%" shall be substituted;
(iii) for the entry in
column (4) occurring against tariff item 8414 51 40, the entry "10%"
shall be substituted;
(iv) for the entry in
column (4) occurring against tariff item 8414 51 90, the entry "20%"
shall be substituted;
(v) for the entry in
column (4) occurring against tariff items 8414 59 10, 8414 59 30 and 8414 59
90, the entry "10%" shall be substituted;
(vi) for the entry in
column (4) occurring against tariff item 8414 59 20, the entry "20%"
shall be substituted;
(vii) for the entry in
column (4) occurring against tariff item 8414 80 11, the entry
"12.5%" shall be substituted;
(viii) for the entry in
column (4) occurring against tariff items 8418 10 10, 8418 30 10, 8418 30 90,
8418 40 10, 8418 40 90, 8418 50 00, 8418 61 00, 8418 69 10, 8418 69 20, 8418 69
30, 8418 69 40, 8418 69 50 and 8418 69 90, the entry "15%" shall be
substituted;
(ix) for the entry in
column (4) occurring against tariff item 8419 89 10, the entry "10%"
shall be substituted;
(x)
for
the entry in column (4) occurring against tariff items 8421 39 20 and 8421 39
90, the entry "15%" shall be substituted;
(20)
in
Chapter 85,--
(i)
for
the entry in column (4) occurring against tariff items 8504 40 10, 8504 40 21,
8504 40 29, 8504 40 30, 8504 40 40 and 8504 40 90, the entry "20%"
shall be substituted;
(ii) for the entry in
column (4) occurring against tariff items 8509 40 10, 8509 40 90 and 8509 80
00, the entry "20%" shall be substituted;
(iii) for the entry in
column (4) occurring against tariff items 8510 10 00, 8510 20 00 and 8510 30
00, the entry "20%" shall be substituted;
(iv) for the entry in
column (4) occurring against tariff items 8515 11 00, 8515 19 00, 8515 21 10,
8515 21 20, 8515 21 90, 8515 29 00, 8515 31 00, 8515 39 10, 8515 39 20, 8515 39
90, 8515 80 10 and 8515 80 90, the entry "10%" shall be substituted;
(v) for the entry in
column (4) occurring against tariff items 8516 10 00, 8516 21 00, 8516 29 00,
8516 31 00, 8516 32 00, 8516 33 00, 8516 40 00, 8516 60 00, 8516 71 00, 8516 72
00, 8516 79 10, 8516 79 20, 8516 79 90 and 8516 80 00, the entry
"20%" shall be substituted;
(vi)
for
the entry in column (4) occurring against tariff item 8517 70 10, the entry
"20%" shall be substituted;
(21)
in
Chapter 94, for the entry in column (4) occurring against all the tariff items
of headings 9401, 9403, 9404 and 9405, the entry "25%" shall be
substituted;
(22)
in
Chapter 95, for the entry in column (4) occurring against all the tariff items
of heading 9503, the entry "60%" shall be substituted;
(23)
in
Chapter 96,--
(i)
for
the entry in column (4) occurring against all the tariff items of heading 9603,
the entry "20%" shall be substituted;
(ii)
for
the entry in column (4) occurring against tariff item 9604 00 00, the entry
"20%" shall be substituted;
(iii)
for
the entry in column (4) occurring against all the tariff items of headings 9615
and 9617, the entry "20%" shall be substituted.
Schedule III - THIRD SCHEDULE
THE
THIRD SCHEDULE
[See
section 117(b)]
In the Customs Tariff Act, in the First
Schedule,--
Tariff Item |
Description of goods |
Unit |
Rate of duty |
|
Standard |
Preferential |
|||
(1) |
(2) |
(3) |
(4) |
(5) |
(1) in Chapter 84, for tariff item
8414 51 90 and the entries relating thereto, the following shall be
substituted, namely:-- |
||||
"8414 51 50 |
---Wall fans |
u |
20% |
- |
8414 51 90 |
---Other |
u |
20% |
-"; |
(2) in Chapter 85,-- (i) in heading 8529, after tariff
item 8529 90 20 and the entries relating thereto, the following shall be
inserted, namely:-- |
||||
"8529 90 30 |
---Open cell for television set |
u |
15% |
-"; |
(ii) in heading 8541, for tariff item
8541 40 11 and the entries relating thereto, the following shall be
substituted, namely:-- |
||||
"8541 40 11 |
----Solar cells, not assembled |
u |
20% |
- |
8541 40 12 |
----Solar cells, assembled in modules
or made----up into panels |
u |
20% |
-". |
Schedule IV - FOURTH SCHEDULE
THE
FOURTH SCHEDULE
[See
section 141]
The rules for interpretation of the
First Schedule to the Customs Tariff Act, 1975 (51 of 1975), the Section Notes,
Chapter Notes and the General Explanatory Notes of the said First Schedule
shall apply to the interpretation of this Schedule.
Item No. |
Description of goods |
Rate of duty |
(1) |
(2) |
(3) |
1. |
All goods falling under headings
9018, 9019, 9020, 9021 and 9022 of the First Schedule to the Customs Tariff
Act, 1975 (51 of 1975) |
5% |
Schedule V - FIFTH SCHEDULE
THE
FIFTH SCHEDULE
[See
section 146]
"THE
SEVENTH SCHEDULE
(See
section 138)
NOTES
1.
In
this Schedule, "tariff item", "heading",
"sub-heading" and "Chapter" mean respectively a tariff
item, heading, sub-heading and Chapter in the Fourth Schedule to the Central
Excise Act, 1944 (1 of 1944).
2.
The
rules for the interpretation of the Fourth Schedule to the Central Excise Act,
1944 (1 of 1944), the Section and Chapter Notes and the General Explanatory
Notes of the Fourth Schedule shall apply to the interpretation of this
Schedule.
Tariff Item |
Description of goods |
Unit |
Rate of duty |
(1) |
(2) |
(3) |
(4) |
2402 20 10--- |
Other than filter cigarettes, of
length not exceeding 65 millimetres |
Tu |
Rs. 200 per thousand |
2402 20 20--- |
Other than filter cigarettes, of
length exceeding 65 millimetres but not exceeding 70 millimetres |
Tu |
Rs. 250 per thousand |
2402 20 30--- |
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 |
Tu |
Rs. 440 per thousand |
2402 20 40--- |
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 |
Tu |
Rs. 440 per thousand |
2402 20 50--- |
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 |
Tu |
Rs. 545 per thousand |
2402 20 90--- |
Other |
Tu |
Rs. 735 per thousand |
2402 90 10--- |
Cigarettes of tobacco substitutes |
Tu |
Rs. 600 per thousand |
2403 11 10--- |
Hookah or gudaku tobacco |
kg. |
25% |
2403 19 10--- |
Smoking mixtures for pipes and
cigarettes |
kg. |
60% |
2403 19 21---- |
Other than paper rolled biris,
manufactured without the aid of machine |
Tu |
Rs. 1.00 per thousand |
2403 19 29---- |
Other |
Tu |
Rs. 2.00 per thousand |
2403 19 90--- |
Other |
kg. |
25% |
2403 91 00-- |
"Homogenised" or
"reconstituted" tobacco |
kg. |
25% |
2403 99 10--- |
Chewing tobacco |
kg. |
25% |
2403 99 20--- |
Preparations containing chewing
tobacco |
kg. |
25% |
2403 99 30--- |
Jarda scented tobacco |
kg. |
25% |
2403 99 40--- |
Snuff |
kg. |
25% |
2403 99 50--- |
Preparations containing snuff |
kg. |
25% |
2403 99 60--- |
Tobacco extracts and essence |
kg. |
25% |
2403 99 90--- |
Other |
kg. |
25% |
2709 20 00 |
Petroleum crude |
kg. |
Rs. 50 per tonne.'. |
Statement of Objects and Reasons - FINANCE ACT, 2020
STATEMENT
OF OBJECTS AND REASONS
The object of the Bill is to give
effect to the financial proposals of the Central Government for the financial
year 2020-2021. The notes on clauses explain the various provisions contained
in the Bill.
[1]
Substituted by Finance
Act, 2020 (12
of 2020) as published in the gazette of India, Extraordinary, Part II, Section
1, issue No. 20 dated 27.03.2020, for the following:-
"116 to 129 and section 132"
[2] Substituted by Taxation And Other Laws (Relaxation And Amendment Of
Certain Provisions) Act, 2020, w.e.f. 01.04.2020 for the following:-
"being a non-resident"
[3] Inserted by Taxation And Other Laws (Relaxation And Amendment Of Certain
Provisions) Act, 2020, w.e.f. 01.04.2020
[4] Substituted by Taxation And Other Laws (Relaxation And Amendment Of
Certain Provisions) Act, 2020, w.e.f. 01.04.2020 for the following:-
"excluding the income"
[5] Substituted by Taxation And Other Laws (Relaxation And Amendment Of
Certain Provisions) Act, 2020, w.e.f. 01.04.2020 for the following:-
"excluding the income"
[6] Substituted by Taxation And Other Laws (Relaxation And Amendment Of
Certain Provisions) Act, 2020, w.e.f. 01.04.2020 for the following:-
"including the income"
[7] Substituted by Taxation And Other Laws (Relaxation And Amendment Of
Certain Provisions) Act, 2020, w.e.f. 01.04.2020 for the following:-
"any income"
[8]
Substituted by Finance
Act, 2020 (12
of 2020) as published in the gazette of India, Extraordinary, Part II, Section
1, issue No. 20 dated 27.03.2020, for the following:-
"program"
[9]
W.e.f. 30.06.2020,
vide Notification No. 49/2020-Central Tax,
dated 24.06.2020.
[10] W.e.f. 30.06.2020,
vide Notification No. 49/2020-Central Tax,
dated 24.06.2020.
[11] W.e.f. 30.06.2020,
vide Notification No. 49/2020-Central Tax,
dated 24.06.2020.
[12] W.e.f. 30.06.2020,
vide Notification No. 49/2020-Central Tax,
dated 24.06.2020.
[13]
W.e.f. 30.06.2020,
vide Notification No. 04/2020-Integrated
Tax, dated 24.06.2020.
[14] Substituted by Finance Act, 2020 (12 of 2020) as published
in the gazette of India, Extraordinary, Part II, Section 1, issue No. 20 dated
27.03.2020, for the following:-
"Apirl"s
[15] Substituted by Finance Act, 2020 (12 of 2020) as published
in the gazette of India, Extraordinary, Part II, Section 1, issue No. 20 dated
27.03.2020, for the following:-
"though"
[16] Substituted by Finance Act, 2020 (12 of 2020) as published
in the gazette of India, Extraordinary, Part II, Section 1, issue No. 20 dated
27.03.2020, for the following:-
"serction"