TMI Short Notes

Budget 2020-21 + FINANCE BILL, 2020

1. Retrospective Amendments of GST rate notifications

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2. AMENDMENTS IN THE Goods and Services Tax (Compensation to States) ACT, 2017:

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3. AMENDMENTS IN THE UTGST ACT 2017:

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4. AMENDMENTS IN THE IGST ACT 2017:

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5. AMENDMENTS IN THE CGST ACT 2017:

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6. EXCISE AMENDMENT IN THE SEVENTH SCHEDULE TO THE FINANCE ACT, 2001* [Clause [145] of the Finance Bill. 2020]:

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7. Other Miscellaneous changes pertaining to Anti-Dumping Duty/Countervailing Duty

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8. Exemption from Social Welfare Surcharge hitherto available on certain items falling chapter 84, 85 and 90, is being withdrawn. Accordingly, notification No 11/2018-Customs dated 02.02.2018 is being amended to, -

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9. Social Welfare Surcharge is being exempted on following items.

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10. OTHER CHANGES (INCLUDING CERTAIN CLARIFICATIONS' TECHNICAL CHANGES)

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11. IMPOSITION OF HEALTH CESS ON IMPORT OF CERTAIN ITEMS

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12. Customs duty exemptions which have been granted through certain other stand-alone notifications have also been reviewed. The following notifications, which have ceased to be relevant, are being withdrawn:

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13. Review of concessional rates of BCD prescribed in notification no. 50/2017 - Customs dated 30.62017: The BCD exemption hitherto available on certain goods are being withdrawn by omitting following entries of notification No. 50/2017-Customs dated 30.6.2017.

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14. OTHER PROPOSALS INVOLVING CHANGES IN BASIC CUSTOMS DUTY RATES IN NOTIFICATIONS

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15. AMENDMENTS IN THE FIRST SCHEDULE TO THE CUSTOMS TARIFF ACT, 1975

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16. AMENDMENTS IN THE CUSTOMS TARIFF ACT 1975

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17. AMENDMENTS IN THE CUSTOMS ACT 1962

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18. Amendment in the provisions of Act relating to verification of the return of income and appearance of authorized representative.

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19. Rationalisation of the provisions of section 49 and clause (42A) of section 2 of the Act in respect of segregated portfolios.

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20. Rationalisation of provision relating to Form 26AS

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21. Rationalisation of provisions relating to tax audit in certain cases.

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22. Expanding the eligibility criteria for appointment of member of Adjudicating Authority under the Prohibition of Benami Property Transaction Act, 1988.

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23. Filing of statement of donation by donee to cross-check claim of donation by donor

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24. Rationalising the process of registration of trusts, institutions, funds, university, hospital etc and approval in the case of association, university, college, institution or company etc

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25. Amendment of sub-section (7) of section 11 to allow entities holding registration under section 12A/12AA to apply for notification under clause (46) of section 10

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26. Rationalization of provisions of section 55 of the Act to compute cost of acquisition.

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27. Removing dividend distribution tax (DDT) and moving to classical system of taxing dividend in the hands of shareholders/unit holders.

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28. Deferring Significant Economic Presence (SEP) proposal, Extending source rule, Aligning exemption from taxability of Foreign Portfolio Investors (FPIs), on account of indirect transfer of assets, with amended scheme of SEBI, and rationalising the definition of royalty.

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29. Aligning purpose of entering into Double Taxation Avoidance Agreements (DTAA) with Multilateral Instrument (MLI).

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30. Penalty for fake invoice.

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31. Amending definition of “work” in section 194C of the Act.

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32. Modification of residency provisions.

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33. Insertion of Taxpayer’s Charter in the Act.

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34. Provision for e-penalty.

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35. Clarity on stay by the Income Tax Appellate Tribunal (ITAT).

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36. Providing check on survey operations under section 133A of the Act.

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37. Provision for e-appeal.

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38. Amendment in Dispute Resolution Panel (DRP).

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39. Modification of e-assessment scheme.

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40. Widening the scope of Commodity Transaction Tax (CTT).

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41. Rationalization of tax treatment of employer’s contribution to recognized provident funds, superannuation funds and national pension scheme.

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42. Widening the scope of section 206C to include TCS on foreign remittance through Liberalised Remittance Scheme (LRS) and on selling of overseas tour package as well as TCS on sale of goods over a limit.

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43. Widening the scope of TDS on E-commerce transactions through insertion of a new section.

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44. Enlarging the scope for tax deduction on interest income under section 194A of the Act.

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45. Reducing the rate of TDS on fees for technical services (other than professional services).

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46. Allowing deduction for amount disallowed under section 43B, to insurance companies on payment basis.

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47. Amendment for providing attribution of profit to Permanent Establishment in Safe Harbour Rules under section 92CB and in Advance Pricing Agreement under section 92CC

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48. Modification of the definition of “business trust”

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49. Allowing carry forward of losses or depreciation in certain amalgamations.

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50. Deferring TDS or tax payment in respect of income pertaining to Employee Stock Option Plan (ESOP) of start- ups.

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51. Exempting non-resident from filing of Income-tax return in certain conditions.

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52. Providing an option to the assessee for not availing deduction under section 35AD.

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53. Increase in safe harbour limit of 5 per cent. under section 43CA, 50C and 56 of the Act to 10 per cent..

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54. Excluding interest paid or payable to Permanent Establishment of a non-resident Bank for the purpose of disallowance of interest under section 94B.

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55. Amendment of section 194LD of the Act to extend the period of concessional rate of withholding tax and also to extend this concessional rate to municipal debt securities.

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56. Amendment of section 194LC of the Act to extend the period of concessional rate of withholding tax and also to provide for the concessional rate to bonds listed in stock exchanges in IFSC.

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57. Amendment of section 115BAB of the Act to include generation of electricity as manufacturing.

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58. Modification in conditions for offshore funds’ exemption from “business connection”.

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59. Extending time limit for sanctioning of loan for affordable housing for availing deduction under section 80EEA of the Act

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60. Extending time limit for approval of affordable housing project for availing deduction under section 80-IBA of the Act.

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61. Rationalization of provisions of start-ups.

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62. Exemption in respect of certain income of Indian Strategic Petroleum Reserves Limited.

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63. Exemption in respect of certain income of wholly owned subsidiary of Abu Dhabi Investment Authority and Sovereign Wealth Fund.

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64. Withdrawal of exemption on certain perquisites or allowances provided to Union Pubic Services Commission (UPSC) Chairman and members and Chief Election Commissioner and Election Commissioners

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65. Modification of concessional tax schemes for domestic companies under section 115BAA and 115BAB

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66. Incentives to Individual and HUF.

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67. Incentives to resident co-operative societies.

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68. Rates for deduction of income-tax at source from “Salaries”, computation of “advance tax” and charging of income-tax in special cases during the FY 2020-21.

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69. Rates for deduction of income-tax at source during the financial year (FY) 2020-21 from certain incomes other than “Salaries”.

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70. Rates of income-tax in respect of income liable to tax for the assessment year 2020-21.

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