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AGENDA “TRANSFORM,
HIGHLIGHTS ENERGISE AND CLEAN
INDIA” – TEC INDIA
Contents
DIRECT TAX .............................................................................................................................. 2
A. Rates of Income Tax ...................................................................................................... 2
B. Additional Resource Mobilisation ................................................................................ 4
C. Measures for Promoting Affordable Housing and Real Estate Sector .................. 5
D. Anti –Abuse Measures ................................................................................................... 6
E. Ease of Doing Business ................................................................................................... 8
F. Transparency in Electoral Funding ............................................................................. 10
G. Measures for Stimulating Growth .............................................................................. 11
H. Promoting Digital Economy........................................................................................ 12
INDIRECT TAX ......................................................................................................................... 13
A. Service Tax & Customs ................................................................................................ 13
B. Changes in CENVAT Credit Rules, 2004 .................................................................... 15
Disclaimer:
The information contained in this publication is intended for informational purposes only and does not
constitute legal opinion or advice. This document is not intended to address the circumstances of any
particular individual or corporate body. Readers are requested not to act merely based on this
publication and requested to obtained proper professional advice.
DIRECT TAX
A. Rates of Income Tax
1. RATES
2. SURCHARGES
Sr.
Category Total Income Surcharge on Income Tax
No.
Exceeds Rs. 50 lakhs but
Individual, HUF, BOI, AOP, 10%
not exceeding Rs. 1 Crore
1 Artificial Judicial Person as per
15% (Marginal Relief
Sec. 2(31) (vii) Exceeds Rs. 1 Crore
allowed)
12% (Marginal Relief
2 Firms and Co-operative Societies Exceeds Rs. 1 Crore
allowed)
Exceeds Rs. 1 Crore but
7% (Marginal Relief
not exceeding Rs. 10
3 Domestic Company allowed)
Crores
Exceeds Rs. 10 Crores 12%
Exceeds Rs. 1 Crore but
2% (Marginal Relief
not exceeding Rs. 10
4 Company other than Domestic allowed)
Crores
Exceeds Rs. 10 Crores 5%
Some other cases under some
5 -- 12%
Sections of Section 115
3. EDUCATION CESS AND SECONDARY AND HIGHER EDUCATION CESS will remain
same at 2% and 1%, respectively.
New Section 194-IB, 5 % TDS on rent exceeding Rs. 50,000 for a month or part of
month during the previous year in the case of certain Individuals and HUF (other
than those covered under 44AB of the Act)
Effective From: 01.06.2017 F.Y. 2017-18, A.Y. 2018-19
The period of holding Long-Term Capital Asset for the benefit of Long Term
Capital Gain is reduced from the existing 36 months to 24 months.
Effective From: 01.04.2017 F.Y. 2017-18, A.Y. 2018-19
New Section 45(5A) inserted for the computation of Capital Gains in case of joint
development agreement wherein the Capital Gains shall be chargeable to tax
in the year in which certificate of completion is issued by a competent authority
to the owner of land being an Individual or a Hindu Undivided Family, and not
when the possession of the property is transferred. However, if the property under
question is transferred before receiving the certificate of completion then
Capital Gains shall be chargeable to tax in the year of such transfer.
Effective From: 01.04.2017 F.Y. 2017-18, A.Y. 2018-19
Proposed Amendment in Section 55 for shifting base year from 1981 to 2001 for
computation of Capital Gains rendering the costs incurred before 2001 not
available for the purpose of calculation of capital gains and possibly increasing
the base of cost of asset.
Effective From: 01.04.2017 F.Y. 2017-18, A.Y. 2018-19
Property held as stock in trade by a developer and not let out during a year shall
not be deemed to be let out for a period of one year form the end of year in
which the certificate of completion is received and the annual value of such
property shall be taken to be at Nil (Section 23)
Effective From: 01.04.2017 F.Y. 2017-18, A.Y. 2018-19
Mukund & Rohit, Chartered Accountants 5
Snapshot on Union Budget 2017 For Private Circulation only
Exemption of Long Term Capital Gains tax on income arising from transfer of
equity shares acquired on or after 1.10.2004
Only if the acquisition of share is chargeable to Securities Transactions Tax
meaning thereby the exemption is not applicable to unlisted equity shares.
Effective From: 01.04.2017 F.Y. 2017-18, AY 2018-19
similar restriction as above in respect of any amount credited or paid out of their
income.
Effective From: 01.04.2017 F.Y. 2017-18, AY 2018-19
1. Rs. 5,000, if the return is furnished after the due date but on or before the
31st day of December of the assessment year;
2. Rs. 10,000 shall be payable in any other case
Where the total income does not exceed Rs.5,00,000 it is proposed that the
fee shall not exceed Rs. 1,000.
Advance Tax under Section 211 & Interest under Section 234C
If shortfall in payment of advance tax is on account of under-estimation or failure
in estimation of income of the nature referred to in Section 115BBDA (certain
dividends received from domestic companies exceeding 10 lakh rupees), the
interest under Section 234C shall not be levied subject to fulfilment of conditions
specified therein.
Effective From: 01.04.2016 F.Y. 2016-17, A.Y. 2017-18
Interest on Refund
Simple interest @0.5% for every month or part of a month from the date on which
claim for refund is made in the prescribed form or in case of an order passed in
appeal, from the date on which the tax is paid, to the date on which refund is
granted.
Effective From: 01.04.2016 F.Y. 2016-17, A.Y. 2017-18
Cash Donation allowed per person: Rs. 2,000 (Earlier Rs. 20,000)
Political party furnishes a return of income for the previous year in accordance
with the provisions of sub-Section (4B) of Section 139 on or before the due date
under Section 139.
INDIRECT TAX
A. Service Tax & Customs
Refund shall be made of all such service tax which has been collected, but
which would not have been so collected, had sub‐Section (1) been in force at
all material. An application for claim of refund of service tax shall be made within
a period of six months from the date on which the Finance Bill, 2017 receives the
assent of the President.
Bill of entry required to be submitted within 1 day (Earlier 2 days) from arrival of
vessel.
Mukund & Rohit, Chartered Accountants 13
Snapshot on Union Budget 2017 For Private Circulation only
Custom duty requires to be paid at the time of submission of Bill of Entry (Earlier
after assessment and valuation by the Custom Authority).
Other exemptions
As per Notification no. 7/2017‐ Service Tax dated 02.02.2017, services provided
to the Government by way of transport of passengers, with or without
accompanied belongings, by air, embarking from or terminating at a Regional
Connectivity Scheme Airport, against consideration in the form of Viability Gap
Funding (VGF) will be included in the mega exemption notification 25/2012‐ST
(effective from 02.02.2017) and hence same shall be exempt from tax.
Exemption shall not apply on or after the expiry of a period of one year from the
date of commencement of operations of the Regional Connectivity Scheme
Airport as notified by the Ministry of Civil Aviation.
As per Notification no. 7/2017 ‐ Service Tax dated 02.02.2017, services by way of
carrying out any process amounting to manufacture or production of goods,
excluding alcoholic liquor for human consumption hitherto exempted under Sec.
66D (f) is proposed to be covered under mega exemption notification 25/2012‐
ST (effective from the date of assent to Finance Bill, 2017).
D = (E/F) × C;
Where, E is the sum total of—
(a) Value of exempted services provided; and
(b) Value of exempted goods removed, during the preceding financial
year;
If a banking company and a financial institution does not opt for last option (i.e.
claiming 50% credit) then under initial both options value of exempted services
is to be determined. As per clause (e) of Explanation 1 the value shall not include
the value of services by way of extending deposits, loans or advances in so far
as the consideration is represented by way of interest or discount. Thus, the
amount of interest is not to be added in the value of exempted service while
applying the formula.
Mukund & Rohit, Chartered Accountants 15
Snapshot on Union Budget 2017 For Private Circulation only
It is proposed that said clause (e) shall not apply to a banking company and a
financial institution including a non‐banking financial company, engaged in
providing services by way of extending deposits, loans or advances. Hence the
amount of interest will be included in the value of exempted service for
ascertaining the ineligible credit.
Transfer of credit
Rule 10 provides that if a manufacturer of the final products/provider of output
service shifts his factory/business to another site or the factory/business is
transferred on account of change in ownership or on account of sale, merger,
amalgamation, lease or transfer of the factory/business to a joint venture with
the specific provision for transfer of liabilities of such factory/business, then, the
manufacturer or service provider shall be allowed to transfer the CENVAT credit
lying unutilized in his accounts to such transferred, sold, merged, leased or
amalgamated factory/business.
It is proposed that the transfer of the CENVAT Credit shall be allowed within a
period of three months (can be further extended for period not exceeding six
months by Principal Commissioner or Commissioner) from the date of receipt of
application by the Deputy Commissioner of Central Excise or Assistant
Commissioner of Central Excise, as the case may be.
Total resources being transferred of Rs. 4.11 lakh crores to the States and the Union
Territories, against Rs. 3.60 lakh crores in BE 2016-17
Net market borrowing of Government restricted to Rs. 3.48 lakh crores, lower than Rs. 4.25
lakh crores of the previous year
Rs. 1,87,223 crores Total allocation for Rural, Agriculture and Allied sectors
Rs. 2,41,387 crores for transportation sector as a whole, including rail, roads and shipping
Allowable provision for Non-Performing Asset of Banks increased from 7.5% to 8.5%.
Interest taxable on actual receipt instead of accrual basis in respect of NPA accounts
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