PART X
AMENDMENT TO THE FINANCE (NO. 2) ACT, 2004
Amendment of Act 23 of 2004
230. In the Finance (No.2) Act, 2004 with effect from the 1st day of June, 2016,––
(a) in section 98, in the Table, against serial number 4, in item (a), under column (3), for the entry “0.017 per cent.”, the entry “0.05 per cent.” shall be substituted;
(b) for section 113A, the following section shall be substituted, namely:-
Chapter VII not to apply in certain cases
‘113A. Notwithstanding anything contained in this Chapter, the provisions of this Chapter shall not apply to taxable securities transactions entered into by,––
(a) any person for, or on behalf of, the New Pension System Trust referred to in clause (44) of section 10 of the Income-tax Act, 1961 (43 of 1961); or
(b) any person on a recognised stock exchange located in an International Financial Services Centre where the consideration for such transaction is paid or payable in foreign currency.
Explanation.––For the purposes of this section, “International Financial Services Centre” shall have the same meaning as assigned to it in clause (q) of section 2 of the Special Economic Zones Act, 2005 (28 of 2005).’.
Notes on Clauses:
Clause 230 of the Bill seeks to amend section 98 of the Finance (No.2) Act, 2004 relating to charge of securities transaction tax.
The aforesaid section provides that the securities transaction tax on sale of an option in securities where option is not exercised is 0.017 per cent. of the option premium.
It is proposed to increase the said rate of securities transaction tax from 0.017 per cent. to 0.05 per cent.
It is also proposed to amend the section 113A so as to provide that the provisions of Chapter VII shall also not apply to taxable securities transactions entered into by any person for on a recognised stock exchange located in an International Financial Services Centre referred to in clause (q) of section 2 of the Special Economic Zones Act, 2005.
This amendment will take effect from 1st June, 2016.
