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UNION BUDGET
FINANCIAL YEAR 2019-20
By Jaya Krishna Kapoor
Chartered Accountant
Direct Tax Related Highlights:
 Additional income tax deduction of Rs.1.5 lakh on the interest paid on
loans taken to purchase electric vehicles. The loan is required to be taken
on or before 31st March, 2023.
 Deduction of up to 1,50,000/- for interest paid on loans borrowed up to
31st March, 2020 for purchase of an affordable house valued up to 45
lakh will be provided. This shall be in addition to the existing interest
deduction of Rs. 2 lakh.
 To discourage the practice of making business payments in cash, TDS of
2% will be levied on cash withdrawal exceeding 1 crore in a year from a
bank account.
 Surcharge on individuals having taxable income from Rs.2 crore to 5
crore and Rs.5 crore shall be enhanced such that the effective tax rates
for these two categories will increase by around 3 % and 7 %
respectively.
 Individual or HUF shall deduct tax at source at the rate of 5% if
the annual payment made to a contractor or professional exceeds
Rs. 50 lakh. And such TDS shall be deposited on the basis of the
PAN Number only.
 The benefit of reduced tax rate of 25% will be extended to companies with
turnover of upto Rs.400 Crore.
 For the purpose of TDS from payment made for acquisition of immovable
property, consideration shall include other charges in the nature of club
membership fee, car parking fee, electricity and water facility fee, maintenance
fee, advance fee or any other charges of similar nature which are incidental to
the purchase of immovable property.
 Gift of any sum of money, or property situated in India, by a person resident in
India to a person outside India (not being a gift otherwise exempt), on or after
5th day of July 2019, shall be deemed to accrue or arise in India.
 Return filing compulsory for persons, who have deposited more than Rs. 1 crore
in a current account in a year, or have expended more than Rs. 2 lakh on foreign
travel or more than Rs. 1 lakh on electricity consumption in a year or who fulfils
the prescribed conditions.
 Person whose income becomes lower than maximum amount not chargeable to
tax due to claim of rollover benefit of capital gains shall be required to furnish
the return.
 In a tax neutral demerger, the assets and liabilities will be recorded as
per Corporate Law provision where resulting company is following
INDAS.
 The buy back tax on buy back of shares of listed companies is applicable
from 05 July, 2019 and the income arising out of such buy back to the
shareholder is exempt in the hands of the shareholder.
 The application for lower or Nil TDS Certificate to AO for payments to
Non Residents will be streamlined by eliminating manual filing to speed
up the process and provide administrative benefits. This amendment will
be applicable from 01 November , 2019.
 Concessional rate of short term capital gains tax of 15% shall apply to
fund of funds set up for disinvestment of Central Public Sector
Enterprises (CPSEs), to which concessional rate of long term capital
gains tax has already been extended.
Other Direct Tax Highlights:
START- UP RELATED
 The start-ups and their investors who file requisite declarations and provide
information in their returns will not be subjected to any kind of scrutiny in
respect of valuations of share premiums.
 The issue of establishing identity of the investor and source of his funds will
be resolved by putting in place a mechanism of e-verification. With this,
funds raised by start-ups will not require any kind of scrutiny from the
Income Tax Department.
 The benefit of no justification of fair market value of shares issued to
certain investors including Category-I Alternative Investment Funds (AIF),
will be extended to Category-II Alternative Investment Funds also.
Therefore, valuation of shares issued to these funds shall be beyond the
scope of income tax scrutiny.
 Special arrangements shall be made by CBDT for pending assessments of
startups and redressal of their grievances..
No inquiry or verification in such cases will be allowed to be carried out by
the Assessing Officer without obtaining approval of his supervisory officer.
 The period of exemption of capital gains arising from sale of residential house
for investment in start-ups up shall be extended to 31.3.2021 and certain
conditions of this exemption shall be relaxed.
 Some of the conditions for carry forward and set off of losses in the case of
start-ups shall be relaxed .
NBFC RELATED:
 Interest on certain bad or doubtful debts made by deposit taking as well as
systemically important non-deposit taking NBFCs also is allowed to be offered
to tax in the year in which this interest is actually received.
IFSC (International Financial Services Centre) RELATED:
 100 % profit-linked deduction under section 80-LA in any ten-year block
within a fifteen-year period is proposed to be extended.
 Exemption from dividend distribution tax from current and accumulated
income to companies and mutual funds.
 Exemptions on capital gain to Category-III AIF and interest payment on
loan taken from non-residents
Other General Direct Tax Highlights:
 In case of exercise of options, Securities Transaction Tax (STT) to be
levied to the difference between settlement and strike price.
 PAN and Aadhaar will be interchangeable and those who do not have PAN
to file Income Tax returns can simply quote their Aadhaar number and also
use it wherever they are required to quote PAN.
 To ensure accuracy of reporting of income and taxes and to simplify the
procedure of filing of returns , pre-filled tax returns will be made
available which will contain details of salary income, capital gains from
securities, bank interests, and dividends etc. and tax deductions.
 To eliminate certain undesirable practices, a scheme of faceless assessment
in electronic mode involving no human interface is being launched this
year in a phased manner, starting with, e-assessments in cases requiring
verification of certain specified transactions or discrepancies.
 Under the Make in India Drive, the government will invite global
companies to set up mega-manufacturing plants in sunrise and advanced
technology areas such as Semi-conductor Fabrication (FAB), Solar Photo
Voltaic cells, Lithium storage batteries, Solar electric charging
infrastructure, Computer Servers, Laptops, etc. and provide them
investment linked income tax exemptions under section 35 AD of the
Income Tax Act, and other indirect tax benefits.
 To simplify the tax law to reduce genuine hardships to taxpayers the
threshold limit of tax payable for launching prosecution for non-filing of
returns shall be enhanced from Rs. 3,000 to Rs. 10,000, for proceeding
against a person. and appropriate class of persons shall be excluded from
the anti-abuse provisions of section 50CA and section 56 of the Income Tax
Act.
 To incentivise National Pension Scheme- (i) limit of exemption will be
increased from current 40% to 60% of payment on final withdrawal
from NPS; (ii) Deduction for employer’s contribution will be
allowed upto 14% of salary from current 10%, in case of
Central Government employee; (iii) deduction under section 80C will
be allowed for contribution made to Tier II NPS account by Central
Government employees.
Indirect Tax Related Highlights :
 GST rate on electric vehicles to be reduced from 12% to 5%.
 Special Additional Excise duty and Road and Infrastructure Cess each by
one rupee a litre on petrol and diesel has been imposed
 Increase in custom duty on gold and other precious metals from 10% to
12.5%.
 A nominal basic excise duty is being imposed on Tobacco products and
crude
 Misuse of duty free scrips and drawback facility involving more than fifty
lakh rupees will be a cognizable and non-bailable offence.
 A Legacy Dispute Resolution Scheme shall be introduced that will allow
quick closure of pending litigations from pre-GST regime.
 Basic customs duty will be increased on cashew kernels, PVC, Vinyl
flooring, tiles, metal fittings, mountings for furniture, auto parts, certain
kinds of synthetic rubbers, marble slabs, optical fibre cable, CCTV camera,
IP camera, digital and network video recorders etc.
THANK YOU

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Budget highlights

  • 1. UNION BUDGET FINANCIAL YEAR 2019-20 By Jaya Krishna Kapoor Chartered Accountant
  • 2. Direct Tax Related Highlights:  Additional income tax deduction of Rs.1.5 lakh on the interest paid on loans taken to purchase electric vehicles. The loan is required to be taken on or before 31st March, 2023.  Deduction of up to 1,50,000/- for interest paid on loans borrowed up to 31st March, 2020 for purchase of an affordable house valued up to 45 lakh will be provided. This shall be in addition to the existing interest deduction of Rs. 2 lakh.  To discourage the practice of making business payments in cash, TDS of 2% will be levied on cash withdrawal exceeding 1 crore in a year from a bank account.  Surcharge on individuals having taxable income from Rs.2 crore to 5 crore and Rs.5 crore shall be enhanced such that the effective tax rates for these two categories will increase by around 3 % and 7 % respectively.  Individual or HUF shall deduct tax at source at the rate of 5% if the annual payment made to a contractor or professional exceeds Rs. 50 lakh. And such TDS shall be deposited on the basis of the PAN Number only.
  • 3.  The benefit of reduced tax rate of 25% will be extended to companies with turnover of upto Rs.400 Crore.  For the purpose of TDS from payment made for acquisition of immovable property, consideration shall include other charges in the nature of club membership fee, car parking fee, electricity and water facility fee, maintenance fee, advance fee or any other charges of similar nature which are incidental to the purchase of immovable property.  Gift of any sum of money, or property situated in India, by a person resident in India to a person outside India (not being a gift otherwise exempt), on or after 5th day of July 2019, shall be deemed to accrue or arise in India.  Return filing compulsory for persons, who have deposited more than Rs. 1 crore in a current account in a year, or have expended more than Rs. 2 lakh on foreign travel or more than Rs. 1 lakh on electricity consumption in a year or who fulfils the prescribed conditions.  Person whose income becomes lower than maximum amount not chargeable to tax due to claim of rollover benefit of capital gains shall be required to furnish the return.
  • 4.  In a tax neutral demerger, the assets and liabilities will be recorded as per Corporate Law provision where resulting company is following INDAS.  The buy back tax on buy back of shares of listed companies is applicable from 05 July, 2019 and the income arising out of such buy back to the shareholder is exempt in the hands of the shareholder.  The application for lower or Nil TDS Certificate to AO for payments to Non Residents will be streamlined by eliminating manual filing to speed up the process and provide administrative benefits. This amendment will be applicable from 01 November , 2019.  Concessional rate of short term capital gains tax of 15% shall apply to fund of funds set up for disinvestment of Central Public Sector Enterprises (CPSEs), to which concessional rate of long term capital gains tax has already been extended.
  • 5. Other Direct Tax Highlights: START- UP RELATED  The start-ups and their investors who file requisite declarations and provide information in their returns will not be subjected to any kind of scrutiny in respect of valuations of share premiums.  The issue of establishing identity of the investor and source of his funds will be resolved by putting in place a mechanism of e-verification. With this, funds raised by start-ups will not require any kind of scrutiny from the Income Tax Department.  The benefit of no justification of fair market value of shares issued to certain investors including Category-I Alternative Investment Funds (AIF), will be extended to Category-II Alternative Investment Funds also. Therefore, valuation of shares issued to these funds shall be beyond the scope of income tax scrutiny.  Special arrangements shall be made by CBDT for pending assessments of startups and redressal of their grievances..
  • 6. No inquiry or verification in such cases will be allowed to be carried out by the Assessing Officer without obtaining approval of his supervisory officer.  The period of exemption of capital gains arising from sale of residential house for investment in start-ups up shall be extended to 31.3.2021 and certain conditions of this exemption shall be relaxed.  Some of the conditions for carry forward and set off of losses in the case of start-ups shall be relaxed . NBFC RELATED:  Interest on certain bad or doubtful debts made by deposit taking as well as systemically important non-deposit taking NBFCs also is allowed to be offered to tax in the year in which this interest is actually received. IFSC (International Financial Services Centre) RELATED:  100 % profit-linked deduction under section 80-LA in any ten-year block within a fifteen-year period is proposed to be extended.
  • 7.  Exemption from dividend distribution tax from current and accumulated income to companies and mutual funds.  Exemptions on capital gain to Category-III AIF and interest payment on loan taken from non-residents Other General Direct Tax Highlights:  In case of exercise of options, Securities Transaction Tax (STT) to be levied to the difference between settlement and strike price.  PAN and Aadhaar will be interchangeable and those who do not have PAN to file Income Tax returns can simply quote their Aadhaar number and also use it wherever they are required to quote PAN.  To ensure accuracy of reporting of income and taxes and to simplify the procedure of filing of returns , pre-filled tax returns will be made available which will contain details of salary income, capital gains from securities, bank interests, and dividends etc. and tax deductions.  To eliminate certain undesirable practices, a scheme of faceless assessment in electronic mode involving no human interface is being launched this year in a phased manner, starting with, e-assessments in cases requiring verification of certain specified transactions or discrepancies.
  • 8.  Under the Make in India Drive, the government will invite global companies to set up mega-manufacturing plants in sunrise and advanced technology areas such as Semi-conductor Fabrication (FAB), Solar Photo Voltaic cells, Lithium storage batteries, Solar electric charging infrastructure, Computer Servers, Laptops, etc. and provide them investment linked income tax exemptions under section 35 AD of the Income Tax Act, and other indirect tax benefits.  To simplify the tax law to reduce genuine hardships to taxpayers the threshold limit of tax payable for launching prosecution for non-filing of returns shall be enhanced from Rs. 3,000 to Rs. 10,000, for proceeding against a person. and appropriate class of persons shall be excluded from the anti-abuse provisions of section 50CA and section 56 of the Income Tax Act.  To incentivise National Pension Scheme- (i) limit of exemption will be increased from current 40% to 60% of payment on final withdrawal from NPS; (ii) Deduction for employer’s contribution will be allowed upto 14% of salary from current 10%, in case of
  • 9. Central Government employee; (iii) deduction under section 80C will be allowed for contribution made to Tier II NPS account by Central Government employees.
  • 10. Indirect Tax Related Highlights :  GST rate on electric vehicles to be reduced from 12% to 5%.  Special Additional Excise duty and Road and Infrastructure Cess each by one rupee a litre on petrol and diesel has been imposed  Increase in custom duty on gold and other precious metals from 10% to 12.5%.  A nominal basic excise duty is being imposed on Tobacco products and crude  Misuse of duty free scrips and drawback facility involving more than fifty lakh rupees will be a cognizable and non-bailable offence.  A Legacy Dispute Resolution Scheme shall be introduced that will allow quick closure of pending litigations from pre-GST regime.  Basic customs duty will be increased on cashew kernels, PVC, Vinyl flooring, tiles, metal fittings, mountings for furniture, auto parts, certain kinds of synthetic rubbers, marble slabs, optical fibre cable, CCTV camera, IP camera, digital and network video recorders etc.