2. DIRECT TAXES
Individual
Basic exemption limit for men, women and HUF resident in India unchanged.
Surcharge: No Change in Surcharge.
- Surcharge @ 10 % on Tax for Indl/HUF having Total Income > Rs. 50 Lacs.
- Surcharge @ 15 % on Tax for Indl/HUF having Total Income > Rs. 1 Crore.
INDL/HUF/WOMEN SENIOR CITIZEN
(60 - 79 YEARS)
VERY SENIOR CITIZEN
(80 YEARS ABOVE)
TAX RATE
0-250000 0-300000 0-500000 NIL
250001-500000 300001-500000 - 5%
500001-1000000 500001-1000000 500001-1000000 20%
1000001 & above 1000001 & above 1000001 & above 30%
3. Cess
It is proposed to abolish existing Education Cess of 2% and Secondary Higher Education
Cess of 1% leviable on the amount of income tax and surcharge, if any and a new cess by
the name “Health and Education Cess” at the rate of 4% will be levied.
Rebate u/s 87A
Rebate U/s 87 A continues at Rs.2,500/- for assessee having Total Income Less than Rs.
3,50,000/-.
Section (16) - Standard deduction from Salary Income
Standard deduction of Rs. 40,000/- will be available to all assessee having Salary Income. Flat
reduction from salary income will be given while calculating taxable salary.
Medical allowance exemption of ` 15,000/- per annum withdrawn.
Transport allowance exemption of ` 1,600/- per month withdrawn.
4. Taxability of compensation received in connection of termination of
employment. [Section 56]
It is proposed to insert a new clause (xi) in sub-section (2) of the section 56 so as to
provide that any compensation or other payment due to or received by any person, by
whatever name called, in connection with the termination of his employment or the
modification of the terms and conditions relating thereto shall be chargeable to income
tax under the head “Income from other sources”.
5. Capital Gains
Section 54 EC– Capital Gain Bond
• Duration of Bond taken after 01/04/2018 increased from 3 years to 5 years.
• Investment U/s 54 EC Bond will be restricted to Long Term Capital Gain from
Land or Building or Both and not available for any other assets.
Relaxation with respect to Stamp Duty Valuation Rate U/s 50C
Section 50C provides that in case of transfer of a capital asset being land or building
or both, the value adopted by the stamp valuation authority for the purpose of
payment of stamp duty shall be taken as the full value of consideration for the
purposes of computation of Capital gains if the same is more than the full value of
consideration.
It is proposed to provide that where the value adopted or assessed or assessable by
the stamp valuation authority does not exceed one hundred and five per cent of the
consideration received, the consideration so received be deemed to be the full value
of the consideration.
The corresponding amendment is also being proposed for business assesee under
section 43CA and under the head other sources under section 56(2)(x).
6. Capital Gains
Section 112A
Taxation of Long Term Capital Gain on Equity Shares & Equity Oriented Mutual
Funds
Long Term Capital Gain on Sale of Equity Shares & Equity MF is currently exempt
u/s 10(38).
The exemption is proposed to be withdrawn and the Long Term Capital Gain it
will be taxable w.e.f. 1st April, 2018.
Long Term Capital Gain upto Rs. 1,00,000/- will not be taxed.
Such Gain will be liable for Income Tax @ 10%.
No indexation benefit will be available for calculation of such Gain
Concessional rate of 10% is applicable only if STT is paid on Sale & Purchase of
shares and on Sale of Equity Oriented Mutual Funds.
7. Capital Gains
Section 112A
Cost of Acquisition for assets purchased before 1st Feb 2018 shall deemed to be
higher of
a. Actual cost of acquisition
and
b. Lower of (i) Fair Market Value as on 31st Jan, 2018 and
(ii) Sale consideration
Fair Market Value to be calculated for shares as highest price quoted on stock
exchange on 31st Jan 2018 and for MF unit NAV value of such scheme on 31st Jan
2018.
Deductions under chapter VI-A such as 80C, 80D, 80G etc are not allowed on such
Gain.
Rebate U/s 87A is not allowed on such Gain.
8. Business Taxation
Amendment in Section 44AE
Under the existing law, the presumptive income for plying, hiring or leasing goods
carriage is equal to an amount of Rs. 7500 or amount actually earned by the
assessee, whichever is higher, for every month or part of month.
It is proposed to substitute the above limit for heavy goods vehicle from Rs.7500 to
Rs. 1000 per ton of gross vehicle weight or unladen weight, as the case may be, for
every month or part of a month during which the heavy goods vehicle is owned by the
assessee in the previous year or an amount claimed to have been actually earned
from such vehicle, whichever is higher. For other than heavy goods vehicle, the limit
of Rs. 7500 shall remain same.
Amendment in Section 28
It is proposed to amend section 28 of the Act to provide that any compensation
received or receivable, whether revenue or capital, in connection with the
termination or the modification of the terms and conditions of any contract
relating to its business shall be taxable as business income.
It is proposed to provide that the fair market value of inventory as on date of its
conversion of its capital asset shall be chargeable to tax under PGBP.
9. Business Taxation
Clarification for trading in agricultural commodity derivative [Section 43]
Trading in agricultural commodity derivatives shall always be considered as non
speculative transaction whether traded in recognized stock exchange or not.
Taxation of foreign exchange fluctuation [Section 43AA] (w.e.f. AY 2018-19)
Any gain or loss arising on account of any change in foreign exchange rates shall be
treated as income or loss, as the case may be, and such gain or loss shall be
computed in accordance with the income computation and disclosure standards
notified under 145(2).
Gain or loss arising on account of the change in foreign exchange rates shall be in
respect of all foreign currency transactions including those relating to monetary items
and non-monetary items or translation of financial statements of foreign operations or
forward exchange contracts or foreign currency translation reserves.
10. Business Taxation
Penalty wrt failure to furnish AIR (Section 271FA).
The said section provides that if a person who is required to furnish the statement of
financial transaction or reportable account under sub-section (1) of section 285BA,
fails to furnish such statement within the prescribed time, he shall be liable to pay
penalty of The proviso to the said section further provides that in case such person
fails to furnish the statement of financial transaction or reportable account within the
period specified in the notice issued under sub-section (5) of section 285BA, he shall
be liable to pay penalty of five hundred rupees for every day of default.
It is proposed to amend the said section so as to increase the penalty from one
hundred rupees to five hundred rupees and from five hundred rupees to one
thousand rupees, for each day of continuing default.
Tax on Company for deemed dividend (Section 115-O)
In case of deemed dividend under Section 2(22)(e), the tax was levied in the hands of
recipient instead of Company. Now, it is proposed to amend this situation by inserting
a proviso so as to provide that the company is liable to pay 30% (without grossing up)
Dividend Distribution Tax, if the payment is in the nature of dividend under Section
2(22)(e).
11. Business Taxation
Mandatory Filling of Return of Income for claiming deductions (Section 80 AC)
It is proposed to substitute the said section so as to provide that in computing the
total income of an assessee of the previous year relevant to the assessment year
commencing on or after the 1st day of April, 2018, deduction under any other
provisions of Chapter VIA “C.—Deductions in respect of certain incomes” shall be
allowed only if the return is filed within the due date specified under section 139 (1).
This means that for claiming deduction under Section 80JJA, 80JJAA, 80LA, 80O,
80P, 80Q, 80QQA, 80QQB, 80R, 80RR, 80RRA, 80RRB, filling Return of Income
under Section 139(1) is now mandatory. In case of belated return, deduction under
above section cannot be claimed.
Prosecution In case of Non Fillers (Section 276CC)
Sub-clause (b) of clause (ii) of the proviso to the said section provides that a person
shall not be proceeded against under the said section for any assessment year
commencing on or after the 1st day of April, 1975, if the tax payable by him on the
total income determined on regular assessment as reduced by the advance tax, if
any, paid and any tax deducted at source, does not exceed three thousand rupees.
It is proposed to amend the provisions of the said section so as to provide that the
conditions specified therein shall not be applicable in respect of a company.
12. Business Taxation
Taxation of Certain Domestic Companies (Section 115BA)
Section 115BA to be amended to provide that tax @ 25% on specified domestic
companies is restricted to the income from the business of manufacturing,
production, research or distribution. Income arising from other than the specified
business shall be taxed at applicable rate already provided in the act.
13. Domestic Companies
In case of Domestic Company whose total turnover or Gross Receipts do not exceed
`250 Crore – 25%.
For Other Domestic Companies – 30%.
Surcharge: The amount of Income-Tax computed as above, shall be increased by
surcharge @ 7% of such Income-Tax in the case, the company has taxable income
exceeding `1 Crore but not exceeding ` 10 Crore.
Surcharge @ 12% of such Income-Tax in the case, the company has taxable income
exceeding `10 Crore.
Education Cess : : It is proposed to abolish existing Education Cess of 2% and
Secondary Higher Education Cess of 1% leviable on the amount of income tax
and surcharge, if any and a new cess by the name “Health and Education Cess”
at the rate of 4% will be levied.
14. Firms
(including Limited Liability Partnership)
The income tax rate for firms remains unchanged at 30%.
Surcharge: Surcharge remains unchanged @ 12% of such Income-Tax in
the case, the firm has taxable income exceeding `1 Crore.
Cess : It is proposed to abolish existing Education Cess of 2% and
Secondary Higher Education Cess of 1% leviable on the amount of
income tax and surcharge, if any and a new cess by the name “Health
and Education Cess” at the rate of 4% will be levied.
15. Trusts
For calculating trust Income, deduction will not be allowed for following
cases in line with business assessee :-
where no TDS is deducted, when transaction is liable for TDS.
where cash payment done for any expenditure to any person exceeds
Rs. 10,000/- in a day.
16. Deductions and Exemptions
Deduction in respect of Mediclaim policy (Section 80 D)]
A deduction of fifty thousand rupees in aggregate shall be allowed to senior citizens
in respect of medical insurance or preventive health check-up or medical expenditure.
Where an amount is paid in lump sum in the previous year to effect or to keep in
force an insurance on the health of a person specified therein for more than a year,
then, subject to the provisions of this section, there shall be allowed for each of the
relevant previous years, a deduction equal to the appropriate fraction of the amount.
Deduction in respect of Medical treatment (Section 80 DDB)
Deduction is available to an individual and Hindu undivided family with regard to
amount paid for medical treatment of specified diseases in respect of very senior
citizen upto eighty thousand rupees and in case of senior citizens sixty thousand
rupees subject to other conditions.
It is proposed to increase the said limit to one hundred thousand rupees.
17. Deductions and Exemptions
New Deduction for Interest Income for senior citizen (Section 80TTB)
Where the gross total income of an assessee, being a senior citizen, includes any
income by way of interest on deposits with a banking company to which the Banking
Regulation Act, 1949, applies or a cooperative society engaged in the business of
banking or a Post Office as defined in clause (k) of section 2 of the Indian Post Office
Act, 1898, a deduction of an amount up to fifty thousand rupees shall be allowed.
The Senior Citizen covered under this section will not eligible for deduction under
Section 80TTA ie, deduction in the respect of saving bank upto Rs. 10,000.
18. Section 194A – TDS on Interest by Banks
Limit for TDS on Interest paid by all Banks & Post Office to senior citizen is
increased from Rs. 10,000/- to Rs. 50,000/-.
For others limit of Rs. 10,000/- continues.
For Interest paid by Companies, Firm & Prop. Concerns limit of Rs. 10,000/-
continues.
Tax Deduction at Source/ Tax Collection at Source
19. Section 139A – Allotment of PAN
PAN should be applied by all non individual entities, which do Financial Transaction
of Rs. 2,50,000/- or more during Financial Year. Also all managing director, partner,
trustee, author, founder, karta, CEO, principal officer or office bearer or any person
competent to act on behalf of such entities shall also apply for PAN.
Section 143(1)(a) – Adjustment in Income Tax Intimation
No Adjustment will be done w.r.t. Income shown in 26AS or 16A or 16 while
processing intimation u/s 143(1)(a) for Income Tax Return filed.
General
20. Several provisions are proposed to be amended to incorporate ICDS into the Act
itself with retrospective effect from AY 2017-18. These are:-
Section 145A is being amended to provide that for the purpose of determining the
income chargeable under the head Profits and gains of business or profession:
• Valuation of inventory shall be made at lower of actual cost or NRV computed in
the manner as provided in relevant ICDS.
• Valuation of purchase and sale of goods or services and of inventory shall be
adjusted to include the amount of any tax, duty, cess or fee actually paid or
incurred by the assessee to bring the goods or services to the place ofits location
and condition as on the date of valuation.
• Inventory being securities not listed, or listed but not quoted, on a recognised
stock exchange, shall be valued at actual cost initially recognized in the manner
as provided in relevant ICDS.
• Inventory being listed securities, shall be valued at lower of actual cost or NRV in
the manner as provided in relevant ICDS and for this purpose the comparison of
actual cost and NRV shall be done category-wise.
Income Computation and Disclosure Standards
21. New section 145B is being inserted to provide that:
• Interest received by an assessee on compensation or on enhanced
compensation, shall be deemed to be the income of the year in which it is
received.
• Claim for escalation of price in a contract or export incentives shall be deemed to
be the income of the previous year in which reasonable certainty of its realization
is achieved.
• Income referred to in section 2(24)(xviii) [subsidy, grants, etc] shall be deemed to
be the income of the previous year in which it is received, if not charged to
income tax for any earlier previous year.
New clause (xvii) in Section 36 is being inserted to provide that deduction in respect
of any marked to market loss or other expected loss shall be allowed, if computed in
accordance with the ICDS.
Consequently section 40A is also being amended to provide that all marked to market
losses or other expected losses other than those which are allowed under section 36
(xvii) shall be disallowed.
Income Computation and Disclosure Standards
22. Section 43AA to be inserted to state that any gain or loss arising on accounts of
changes in foreign exchange rates in respect of foreign currency transactions shall be
computed in manner provided in ICDS as notified u/s 145(2) of the Act relating to:
Monetary items and non- monetary items
Translation of financial statements of foreign operations
Forward exchange contracts
Foreign currency translation reserves
Section 43CB to be inserted, to provide that profits arising from a construction
contract or a contract for providing services shall be determined on the basis of
percentage of completion method in accordance with ICDS notified u/s 145(2) of the
Act except for following service contracts profit shall be computed as per given
method-
Service contracts of more than 90 days shall be as per project competition
method
Service contracts involving determinate number of acts shall be as per straight
line method
Retention money shall be the part of contract revenue and any incidental income
like interest, dividend or capital gains shall not be reduced from contract costs.
Income Computation and Disclosure Standards
23. BUDGET HIGHLIGHTS PRESENTATION BY :-
M/s Vimal Tandon & Co.
Chartered Accountants
A-107/1, Pal Mohan Plaza, 11/56,
D.B. Gupta Road, Karol Bagh,
New Delhi - 110005
Telefax – 23551056
Tel. 45032501
Mob. 9810221653, 9868171653
website - vimaltandon.com
charteredaccountantindelhi.com
e-mail. - vimaltandon@gmail.com
vtclients@gmail.com