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Dewan P.N. Chopra & Co. UNION BUDGET 2018 – 2019 The budget has devoted attention to all sectors, ranging from agriculture to infrastructure and is “farmer- friendly, common citizen- friendly, business environment- friendly and development- friendly. -PM MODI

UNION BUDGET 2018 2019 - LEA Global · Union Budget 2018-19 – A shot Dewan P.N. Chopra & Co. 3 With introduction of GST from 1st July 2017 and a continuous barrage of amendments

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Page 1: UNION BUDGET 2018 2019 - LEA Global · Union Budget 2018-19 – A shot Dewan P.N. Chopra & Co. 3 With introduction of GST from 1st July 2017 and a continuous barrage of amendments

Dewan P.N. Chopra & Co.

UNION BUDGET 2018 – 2019

“The budget has devoted attention to all sectors, ranging from agriculture to infrastructure and is “farmer- friendly, common citizen-friendly, business environment- friendly and development-friendly.

”-PM MODI

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FOREWORD

The Finance Minister of India tabled the Union Budget for FY 2018-19on 1st February 2018 with a precarious task of balancing goodeconomics with good politics. This may be even more relevant giventhe Lok Sabha Elections are tentatively scheduled for May 2019.

In this light, the budget presented was an astutely crafted proposalthat on one hand focused on building the fundamentals for Growth –

Agriculture, Infrastructure, Health, Education, Investment, Employment and MSMEs, whileon the other hand, these aspects were addressed from the perspective of elevating thelives of the socially backward and of underprivileged India which also happens to beIndia’s largest vote bank.

Having said that, the focus was on “Connecting India” to build a socially and economicallystronger and sustainable eco-system to drive the people and the nation forward, towardsa GDP growth rate of 8% per annum, to prospectively becoming the 5th largest economyin the world.

This budget further lays emphasis on “Ease of Living” in addition to “Ease of DoingBusiness”, recognizing the plight of citizens and their need to have access to quality of lifewith clean air and water, access to sanitation, transport and security.

It was highlighted that there is now a “Premium on Honesty” within the operatingstructure of the government, with continuing focus on ‘maximum governance withminimum government.’ The past year has had numerous changes in the structural regimewith the above objective including Digitization, Demonetization and GST, all disrupting theIndian economy, positive effects from which are expected but yet to be recognized.

Bringing capital into banks under Demonetization and creating records of all transactionsunder the GST regime have led to ‘Big Data’ collation and analysis which is supporting thegovernment with a better understanding of the Indian tax payer and assisting them intaking critical decisions to help widen the tax net, increase revenue and achieve theirobjective of fiscal consolidation, as deficit is currently above budgeted estimates.

From a tax perspective, introduction of Long term Capital Gains at 10% on transfer oflong-term equity shares was a significant introduction but expected by the market.Extending the tax rate of 25% for all MSMEs having a turnover of INR 250 crore againstINR 50 crore as introduced in the previous budget will have a positive impact on 99% ofthe Companies operating in India. Further introduction of an additional 1% as Educationand Health Cess may be utilized to support the largest Medical Healthcare InsuranceScheme in the world covering 500 million beneficiaries, the first of its kind in India.However, with countries including USA and UK reducing corporate tax rates, will India be aglobally competitive destination for “Make in India” under this tax regime, is to be seen.

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With introduction of GST from 1st July 2017 and a continuous barrage of amendmentssince, the changes to rates of tax under this Budget were with the objective ofpromoting “Make in India” as certain goods would become costlier on account ofincreasing custom duties.

With an outlay of INR 24.42 Trillion, the government has addressed a significant numberof our voting population. However, the question remains, whether focus on volume isenough to drive value by attracting and promoting Investments into the country,generating employment at the required rate to capitalize on the Demographic Dividendand supporting Fiscal Consolidation with this huge Budgeted Outlay.

In essence, “Connecting India” for Ease of Doing Business and Ease of Living may beperceived as the underlying theme of this Budget. If one could add a “Premium onImplementation” to drive this forward, the budget could have a meaningful impact onthe long-term development of our nation.

Dhruv ChopraJoint Managing Partner,Dewan P.N. Chopra & Co.

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INDEX

1. Economic Performance 2017-18 5 – 6

2. Budget Allocation and Fiscal Summary 2018-19 7 – 8

3. Budget Theme and Allocation 2018-19 9 – 14

4. Direct Taxation 15

• Individual Taxation 16

• Capital gains and Dividend 17

• Corporate Taxation 18 – 19

• International Taxation & Transfer Pricing 19 – 20

• Rationalization Measures 20 – 22

• Miscellaneous 23

5. Indirect Taxation 24 – 25

6. Disclaimer 26

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Economic Performance 2017-18

“Budget 2018-19 is a pragmatic effort,

fine balancing the requirement of fiscal

rectitude while keeping in focus the need

to connect the missing links in

infrastructure and farm sector

development. .”

- S.N. Subrahmanyan

(MD & CEO) L&T

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Dewan P.N. Chopra & Co.6

Gross Domestic Product

For 2018-19, the GDP growth rate is expected torange between 7% and 7.5%. This is on accountof various reforms, resolution of long term TwinBalance Sheet problem by sending the stressedcompanies under the under the new IndianBankruptcy Code, implementation of a majorrecapitalization package to strengthen the publicsector and further liberalization of FDI.

Gross Value Added (GVA) at constant basicprocess is expected to grow at the rate of 6.1% in2017-18 as compared to 6.6% in 2016-17.

Inflation

The Headline inflation has been below 4 percentfor twelve straight months, from November,2016 to October, 2017 and CPI food inflationaveraged around 1% during April-December inthe current financial year.

Consumer Price Index declined to 3.3 per cent in2017-18 (Apr-Dec) from 4.8 per cent in thecorresponding period of 2016- 17. CPI inflation,which was below 3.0 per cent in the first quarter

of 2017-18 mainly due to lower food inflation,especially pulses and vegetables, rose marginallyand stood at 3.0 per cent in the Q2 of 2017-18.

Average inflation based on the Wholesale PriceIndex (WPI) stood at 2.9 per cent in 2017-18(Apr-Dec) as compared to 0.7 per cent in 2016-17 (Apr-Dec). WPI inflation which remainedsubdued for several months, surged duringFebruary and March 2017 due to sudden spurt inglobal crude oils prices.

Export/Import

The year 2016-17 was characterized by positivegrowth in merchandise exports after two years ofnegative growth.

Imports declined by around US $107 billion fromUS$ 491 billion in 2012-13 to US$ 384 billion in2016-17. This was mainly due to a reduction invalue of import of crude oil and petroleumproducts to the tune of US $77 billion along withreduction of gold and silver imports worth US$26.4 billion during this period.

A larger reduction in value of imports vis-à-visthat of exports helped in significantimprovement in the merchandise trade balance,from US$ 190 billion in 2012-13 to US$ 108.5billion in 2016-17. The reduction in trade deficitin this period has been the major contributor tobring about an improvement in the currentaccount deficit that declined from 4.8 per cent ofGDP in 2012-13 to around 0.7 per cent of GDP in2016-17.

-3.7

1.7

2.9

4.9 4.5

3.3

Inflation Index

Inflation Index WPI Inflation Index CPI

Source: Economic Survey 2017-18

8.07.1 6.5

2015-16 2016-17 2017-18 RE 2018-19 AE

Growth in GDP (%)

7.0-7.5%

-15.5

5.2

12.1

-15

0.9

21.8

-20

-15

-10

-5

0

5

10

15

20

25

2015-16 2016-16 2017-18*

Export Import

Source: Economic Survey 2017-18

Source: Economic Survey 2017-18

*Apr-Dec for 2017

*Apr-Dec for 2017

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Budget Allocationand Fiscal Summary

2018-19

“One of the key themes of thegovernment’s reforms in the recent pasthas been greater formalisation of theeconomy. The budget suggests that thesemeasures have started yielding results,in terms of widening of the tax net andbuoyancy in direct tax revenues —enabling the government to use thisfiscal dividend for larger social andinfrastructure spend”

- Kumar Manglam Birla (Chairmam) Aditya Birla Group

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23%

8%

4%

16%19%

19%

8%3%

Rupee Comes From (Budget 2018-19)

Goods and Service Tax & Other Taxes

Union Excise Duties

Customs

Income-Tax

Corporation-Tax

Borrowings & Other liabilities

Non-Tax Revenue

Non-Debt Capital Receipts

24%

8%

9%

9%18%

10%

9%

8%5%

Rupee Goes To(Budget 2018-19)

State's share of Taxes & Duties

Finance commission & Other Transfers

Subsidies

Defence

Interest Payments

Central Sector Scheme

Centrally Sponsored Scheme

Other expenditure

Pensions

2014-15 2015-16 2016-17 2017-18(BE) 2017-18 (RE) 2018-19(BE)

Gross Fiscal Deficit 4.1 3.9 3.5 3.2 3.5 3.3

Revenue Deficit 2.9 2.5 2.1 1.9 2.6 2.2

Primary Deficit 0.9 0.7 0.4 0.1 0.4 0.3

0

0.5

1

1.5

2

2.5

3

3.5

4

4.5

As

a %

of

GD

P

Deficit Trends

In order to impart unquestionable creditability to their commitment for the revised fiscal glidepath, the government has accepted the key recommendation of the Fiscal Reform and BudgetManagement Committee relating to adoption of the Debt Rule and to bring down CentralGovernment Debt’s to GDP ratio to 40%. They have also accepted the recommendations to useFiscal Deficit target as the key operational parameter.

Source: Budget At A Glance 2018-19 Source: Budget At A Glance 2018-19

Source: Budget At A Glance 2018-19

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Budget Theme and Allocation 2018-19

“The Union Budget 2018-19 has done acommendable job in holistically addressing thevarious priorities of the Indian economy. It hasaddressed social sector priorities and chartedout a clear plan to boost infrastructure, whilemaintaining fiscal discipline. The wide rangingmeasures announced for various segments ofthe rural economy will boost income levels andcreate gainful & sustainable employment…”

- Ms.Chanda Kochhar,MD & CEO, ICICI Bank

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Investment expenditure and Policy Initiative

Agriculture and rural economy

The Finance Minister (FM) has consideredagriculture as an enterprise and will strive to helpfarmers produce more from the same land parcelat lesser cost and simultaneously realise higherprices for their produce.

As per their party manifesto, the farmers were torealise at least 50% more than the cost of theirproduce. Keeping this in mind the MinimumSupport Price (MSP) for all crops has beendeclared at at least one and a half times the costinvolved. This historic decision is expected to bean important step towards doubling the incomeof the farmers.

For implementation and governance of MSP forbenefit of the farmers, Niti Ayog in consultationwith Central and State Governments shall put inplace a full proof mechanism.

To enable small farmers to interact and transactwith whole sale markets and AgriculturalProduce Market Committees (APMCs), 22,000rural haats will be upgraded into GraminAgricultural Markets (GrAMs). These markets willbe provided requisite physical infrastructure andshall be electronically linked to E-NAM to permitfarmers to sell directly to consumers and bulkpurchasers. An Agri-Market Infrastructure fundwith a corpus of INR 2,000 crore is being set upfor the above purpose.

Target date for connecting all eligible habitationswith an all-weather road has been preponedfrom March 2022 to March 2019 with substantialwork being completed. Prime Minister GramSadak Yojana Phase –III will help widen the ambitfor developing other major link routes to connecthabitations, higher secondary schools, hospital,GrAMs.

The FM has promoted the concept ofdevelopment of cluster based model in ascientific manner for identified agricultureproduce across districts. These cluster will bringthe advantage of scale of operations, supplychain, marketing and recognitions of district forspecific crops.

Organic farming by Farm Producer Organisation(FPOs) and Village Producers Organisation(VPOs).

Food Processing Sector is growing at an averageof 8% per annum to boost investment. In foodprocessing allocation is being doubled to INR1,400 crore in budget estimate 2018-19. Further,government will promote establishment ofspecialised agro processing financial institution inthis sector.

Proposal to launch “Operation Green” with anallocation of INR 500 crore to promote farmerproducer organisation (FPOs), Agri logistics,process facilities and professional management.

The FM proposes to extend the facility of KisanCredit Cards to fisheries and animal husbandryfarmers to support them with their workingcapital needs. Further, setting up of Fisheriesand Aquaculture Infrastructure DevelopmentFund (FAIDF) and Animal HusbandryInfrastructure Development Fund for supportingthese sectors with a corpus of INR 10,000 crore.

Proposal to launch restructured BambooNational Mission with an outlay of INR 1,290crore to promote Bamboo Sector in a holisticmanner.

Government of India to take necessary measuresand encourage State Governments to put inplace a mechanism to purchase surplus solarpower by distribution companies at reasonableremunerative rates.

Institutional credit for agriculture sector is raisedto INR 11 lakh crore for 2018-19 vs. INR 10 lakhcrore in 2017-18.

To promote ‘ease of living’ a special scheme tobe implemented to support efforts ofGovernments of Haryana, Punjab, Uttar Pradeshand the NCT of Delhi to address air pollution.

Prime Minister’s Ujjwala Scheme to make poorwomen free from the smoke of wood, free LPGconnection to 8 crore poor women to beprovided.

“The focus on rural economy is clearly the

standout feature of this year's Budget. The

initiatives and the increased allocation were

much-needed and much-anticipated moves,

and will help fuel demand in the hinterland.”

Amit Burman

(Vice Chairmam) Dabur Group

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To provide electricity to all households of thecountry under Prime Minister Suabhagaya YojanaINR 16,000 crore are being spent for 4 crore poorhouseholds across India.

Under the ‘Swatch Bharat Mission’ thegovernment is planning to constructapproximately 2 crore toilets in addition to the 6crore toilets that have been constructed.

Under Prime Minister Awas Scheme, with theobjective of providing every poor of this countryhis own house by 2022, 51 lakh houses wereconstructed in 2017-18 and the same numberwill be constructed in 2018-19. Further, 37 lakhhouses will be constructed in urban area.

Ground water irrigation scheme under PrimeMinister Krishi Sinchai Yojana –“Har Khet KoPani” INR 2,600 crore have been allocated tosupport 96 deprived irrigation districts.

Health Education and Social Protection

Education

Government’s focus is on improving the equalityof education focus on quality of education.Accordingly, the Government has proposed toamend the Right to Education Act to enablemore than 13 lakh untrained teachers to betrained.

To move gradually from ‘Black Board’ to ‘DigitalBoard’ the focus is also to increase digitalintensity in education to improve quality ofeducation and upgrade skills of teachers.

To step up investments in research and relatedinfrastructure in educational institution it isproposed to launch a major initiative –“Revitalising Infrastructure and Systems inEducation (RISE) by 2022” with a totalinvestment of INR 1 lakh crore over the next fouryears.

Health

With the guiding principle of “Swasth BharatSamriddha Bharat”, Indian citizens must behealthy to realize their demographic dividend.

With this in mind, the Government hasannounced two major initiatives under the“Ayushman Bharat” programme to addresshealth holistically through a system coveringboth prevention and health promotion.

The first initiative, National Health Policy 2017shall undertake development of 1.5 lakh Healthand Wellness Centres across India to providecomprehensive health care and bring theseservices closure to the homes of people. INR1,200 crore has been allocated to this flagshipprogramme.

The second initiative being launched is theNational Health Protection Scheme to cover over10 crore poor and vulnerable families(approximately 50 crore beneficiaries) providingcoverage upto INR 0.05 crore per family per yearfor secondary and territory care hospitalization.This will be the world’s largest Governmentfunded health care programme.

The Government’s objective of these twoinitiatives is to steadily but surely progresstowards the goal of universal health coverage.However, it will be critical to assess and allocateadequate funds for smooth implementation ofsuch programme.

To ensure one Government Medical College ineach state and at least one medical college forevery 3 Parliamentary Constituencies, theGovernment will set up 24 new GovernmentMedical Colleges and Hospitals by upgradingexisting district hospitals in the country.

A scheme called Galvanizing Organic Bio-AgroResources Dhan (GOBAR-DHAN) for managementand conversion of cattle dung and solid waste infarms to compose fertilizer, bio-gas and bio-CNG.

Under PM Jan Dhan Yojana, the Government willbring all 60 crore basic accounts within its foldand undertake measures to provide services ofmicro-insurance and unorganized sector pensionschemes through these accounts .

Sukanya Samriddhi Account Scheme has morethan 1.26 crore accounts across the country inthe name of girl-child securing an amount of INR19,183 crore.

“it is a progressive budget with the right

emphasis on training of teachers, use of

technology and funding for research…”

Vijay Thadani

(Vice Chairman and MD)

NIIT Ltd

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For economic and social advancement ofScheduled Castes and Scheduled Tribes, INR56,619 crore for SCs and INR 39,135 crore for STshas been allocated in 2018-19.

The estimated schematic budgetary expenditureon health, education and social protection willincrease by INR 15,000 crore in 2018-19 vs.2017-18.

Medium, Small and Micro Enterprises(MSMEs) and Employment

MSMEs constitute over 95% of the entitiesoperating in India and are a major engine ofgrowth and employment.

To support the MSME sector, the Governmenthas allocated INR 3,794 crore to give creditsupport, capital and interest subsidy andinnovation.

Post demonetization and introduction of GST,significant data is being collected on MSMEs tohelp improve financing schemes to support theirgrowth and also to track the size and scale oftheir business. This will bring transparency andsupport in compliance including to identifyevasion of tax.

The MUDRA Yojana will lend approximately INR 3lakh crore in 2018-19 after having successfullyexceeded targets for the previous year. Further,for refinancing of NBFCs the refinancing policyand eligibility criteria set by Mudra will bereviewed.

The Government will contribute 12% of thewages of new employees in the EPF for allsectors for the next three years to createsustainable employment.

The Government has adopted various suchmeasures in the past three years to boostemployment including contribution to EPF forspecific sectors. An independent study recentlyreflects creation of 70 lakh formal jobs.

Model aspiration skill centres are proposed to beset up in every district of the country underPradhan Mantri Kaushal Kendra Programme. 306such kendras have been established for impartingskill training.

Textile being a significant sector in the country togenerate employment have been allocated anoutlay of INR 7,148 crore for 2018-19.

Infrastructure and Financial SectorDevelopment

It is estimated that India needs over INR 50 lakhcrore of investment in infrastructure to increasegrowth of GDP and to connect and integrate thenation to provide ease of doing business andease of living in the country.

An all-time high allocation has been made to Railand Road Sector.

Using the online monitoring system of PRAGATIInfrastructure project worth 9.46 lakh crore havebeen facilitated and fast tracked in India

Urbanization is an opportunity and a priority forthe Government for which they have launchedtwo inter-linked programmes – the Smart CitiesMission and Atal Mission for Rejuvenation andUrban Transformation (AMRUT).

With the aim of building 100 smart cities, 99cities have been selected and allocated an outlayof INR 2.04 lakh crore. These cities have startedimplementation of various project includingSmart Roads, Solar Rooftops, IntelligentTransport System and Smart Parks. Projectsworth INR 2,350 crore have been completed andworks of INR 20,852 crore are under progress.

To provide requisite infrastructure to supportIndian tourism it is proposed to develop 10prominent tourist sites into “Iconic TourismDestination”. This will be done with a holisticapproach involving infrastructure and skillsdevelopment, development of technology,attracting private investment, branding andmarketing.

The AMRUT programme shall focus on providingwater supply to all households in 500cities. State level plans of INR 77,640 crore for500 cities have been approved.

Over 9,000 kms long national highways will becompleted during 2017-18.

“The announcement of Ayushman Bharat

program for governments focus for

healthcare is a game changer and the

coverage of 10 crore people under National

health protection scheme is commendable...”

- Satish Reddy, (Chairman)

Dr. Reddy Laboratories

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Schemes have been approved to provideseamless connectivity of interiors, backwardareas and borders of the country ofapproximately 35,000 kms in Phase-I at anestimated cost of INR 5,35,000 crore

To raise equity capital from markets for majorroad assets NHAI will adopt SPVs, infrastructureinvestment funds and other innovativemonetizing structures

Railways are the life-line of Indian connectivityfor Ease of Business and Ease of Living. Capex onRailways for 2018-19 is pegged at INR 1,48,528crore (approx.). A large part of Capex is devotedto capacity creation.

With the objective of optimal electrification ofthe railway network, over 4,000 kms targeted forcommissioning during 2017-18.

The Government proposes to redevelop 600major railway stations across India. Stations tohave escalators, Wi-Fi, CCTVs for security andother amenities progressively.

Modern train sets with state of the art amenitiesare being designed at the coach factory atPeramboor and the first such train set will becommissioned in F.Y. 2018-19.

The Government proposes to expand theMumbai Transport System by adding 90 Kms ofdouble line tracks at cost of INR 11,000 crore andsimilarly augment the sub-urban network by 150kms at the cost of INR 40,000 crore. Further, anadditional 160 Kms will be added to Bangaloresub-urban network at an estimated cost of INR17,000 crore.

The foundation of the first high speed rail project

the Mumbai – Ahmedabad bullet train projecthas been laid on Sept. 14, 2017.

With domestic air passenger traffic growing at18% pa for the past three years, the Governmentunder its scheme of UDAN shall connect 56unserved airports and 31 unserved helipadsacross the country.

Airport Authority of India has 124 airports andthe Government proposes to expand the airportcapacity to more than 5 times to handle a onebillion trips a year under their new initiative –NABH Nirman.

Development of commercial land around railwaystations has been included by the Governmentwithin the scope of infrastructure.

RBI has issued guidelines to nudge corporates toaccess the bond market and SEBI too willmandate large corporate to meet 25% of theirfinancing needs from the bond market.

The Government and relevant regulators shalltake requisite action to permit bonds with Agrade rating to be classified as investment gradeas distinct from AA rating bonds in the past.

The Government will establish a unified authorityfor regulating financial services in the newlyoperational International Financial Service Centre(IFSC) at Gift City in Gujarat.

With the surge in machine learning artificialintelligence, internet of things and other techdriven disruptive concepts, NITI Aayog willinitiate a national programme to direct thecountry’s efforts in the area of artificialintelligence including research and developmentof its application.

The Department of Science and Technology willlaunch a Mission on Cyber Physical system tosupport establishment of centre of excellence forwhich sum of INR 3,073 crore has been allocatedfor 2018-19.

Development of commercial land around railwaystations has been included by the Governmentwithin the scope of infrastructure.

RBI has issued guidelines to nudge corporates toaccess the bond market and SEBI too willmandate large corporate to meet 25% of theirfinancing needs from the bond market.

The Government and relevant regulators shalltake requisite action to permit bonds with Agrade rating to be classified as investment grade

“While the finance minister has presented

a moderate budget, he continues to lay

emphasis on overall infrastructure

development and strengthening of the

rural economy. The increased focus on

healthcare augurs well for citizens of the

country. On the corporate side there are

no significant changes or announcements,

which was expected.”

-Glenn Saldanha (Chairman and MD)

Glenmark Pharmaceuticals Ltd

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Dewan P.N. Chopra & Co.14

as distinct from AA rating bonds in the past.

The Government will establish a unified authorityfor regulating financial services in the newlyoperational International Financial Service Centre(IFSC) at Gift City in Gujarat.

With the surge in machine learning artificialintelligence, internet of things and other techdriven disruptive concepts, NITI Aayog willinitiate a national programme to direct thecountry’s efforts in the area of artificialintelligence including research and developmentof its application.

The Department of Science and Technology willlaunch a Mission on Cyber Physical system tosupport establishment of centre of excellence forwhich sum of INR 3,073 crore has been allocatedfor 2018-19.

Under the Bharatnet Project, one lakh grampanchayat have been connected through opticalfibre network providing broadband access toover 20 crore rural Indians in 2.5 lakh villages. Afurther sum of INR 10,000 crore have beenallocated for 2018-19 for creation andaugmentation of telecom infrastructure.

The Government has clearly announced that theydo not consider Crypto currencies as legal tenderand will take all measures to eliminate use ofthese crypto assets as a payment system.

Fastags have quickly replaced payment by cash attoll plazas and number of tags have increasedfrom 60,000 in December 2016 to more than 10lakhs now. Further, the Government shallintroduce a policy supporting a toll system on“pay as you use” basis.

In order to create employment and supportgrowth the Government has budgeted INR 5.97lakh crore in 2018-19 vs. INR 4.94 lakh crore in2017-18.

Building Institution and ImprovingDelivery of Public Service

The government shall introduce a defenceproduction policy 2018 to promote domesticproduction by public sector, private sector andMSMEs.

As Aadhaar has provided an identity to everyIndian the government proposed to evolve ascheme to assign every individual enterprise inIndia a unique ID.

The government has approved 14 Central PublicSector Enterprises (CPSEs) including twoinsurance companies for listing on the stockexchange. Further, the government has initiatedstrategic disinvestment in 24 CPSEs includingprivatization of Air India.

The government exceeded their budget estimatefor disinvestment, budgeted at INR 72,500 crorewhereas realised at INR 1 lakh crore. The targetfor 2018-19 is set at INR 80,000 crore.

Recapitalisation of banks to create liquidity andonce again kick start lending to MSMEs is a keyfocus. Accordingly, a recapitalisation programmehas been launched with bonds of INR 80,000crore being issued this year.

The government is formulating a comprehensivegold policy to develop gold as an asset class inaddition to establishing a consumer friendly andtrade efficient system of regulated goldexchanges .

Outward Direct Investment from India hasgrown to USD 15 billion per annum. Thegovernment will review existing guidelines tointroduce a more coherent and integrated policy.

The government will evolve a separate policy forHybrid instruments which have been used toattract foreign investments especially in start-upand venture capital firms.

“We welcome the focus on airport

infrastructure capacity announced in the

Budget. In our 20 year passenger forecasts,

IATA anticipates India will become the 3rd

largest aviation market by 2024. But this is by

no means guaranteed. To make this a reality,

airport capacity in India needs to be

augmented and expanded quickly.”

-Amitabh Khosla,

India head of International Air Transport

Association

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Direct Taxation

“In a populous, agrarian country, aPopulist, Pre-election budget can bePro-growth! I’m biased, since it ignitesgrowth in our key rural markets. Soinstead, I’ll laud the budget for healthinsurance for 10cr people. That’s aREAL step towards becoming adeveloped society.”

-Anand Mahindra Chairman (Mahindra Group)

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INDIVIDUAL TAXATION

No change in slab rate

There is no change in slab rate for Individual/HUF. Further, no change in surcharge ascompared to last year.

Increase in Cess

Education Cess of 3% has been substituted withHealth and Education Cess of 4%.

Standard deduction on salary income

It is proposed to allow standard deduction of INR40,000 or the amount of salary received,whichever is less. However, deduction oftransport allowance of INR 1,600 p.m. andMedical reimbursement of INR 15,000 per yearshall not be allowed. Applicable w.e.f AY 2019-20.

This amendment has resulted in effective benefitof INR 5,800 only as the benefit of standarddeduction given is offset by deductions oftransport allowance and Medical reimbursementbeing taken away.

Benefits to Senior citizen

Increase in deduction of health insurancepremium and medical treatment for seniorcitizen:

Deduction u/s 80D relating to health insurancepremium or preventive health checkup has beenproposed to be increased for senior citizen fromINR 30,000 to INR 50,000.

In case of single premium health insurancepolicies having cover of more than one year, it isproposed that deduction shall be allowed onproportionate basis for the number of years forwhich health insurance cover is provided, subjectto specified monetary limit. Applicable w.e.f. AY2019-20.

Enhanced deduction to senior citizens for medicaltreatment of specified diseases

Deduction u/s 80DDB in respect of amounts paidfor medical treatment of specified diseases forsenior citizen and very senior citizen has beenproposed to be increased from INR 60,000 andINR 80,000 respectively to INR 1,00,000.Applicable w.e.f. AY 2019-20.

Increased deduction in respect of interest incometo senior citizen

Section 80TTB is proposed to be inserted as perwhich interest income from deposits held inbanks, cooperative society carrying bankingbusiness and Post office earned by senior citizensshall not be taxable upto INR 50,000. However,deduction u/s 80TTA in respect of interest insaving bank account upto INR 10,000 shall not beallowed to senior citizen. Applicable w.e.f. AY2019-20.

Extending the benefit of tax-freewithdrawal from NPS to non-employeesubscribers

Under the existing provisions of the clause (12A)of section 10 of the Act, an employeecontributing to the NPS is allowed an exemptionin respect of 40% of the total amount payable tohim on closure of his account or on his optingout. This exemption is not available to non-employee subscribers Now it is proposed toamend section 10(12A) to extend this benefit toall assesses including non -employee subscribers.Applicable w.e.f from AY 2019-20.

“On an average, senior citizens pay around Rs10,000 as premiums but the health

insurance cover is insufficient given the rising healthcare costs and their increased

medical attention. Increasing the deduction limit in that sense will encourage senior

citizens to buy a higher health insurance policy, which is the need of the hour.”

-K.G. Krishnamoorthy Rao

MD & CEO. (Future Generali India Insurance Co. Ltd.)

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CAPITAL GAINS AND DIVIDEND

Exemption on STT Paid Long term capitalgain u/s 10(38) removed

LTCG exceeding INR 1 lakh arising on transfer oflisted equity shares/ units of equity oriented fundor units of business trusts, is proposed to betaxed @ 10% w.e.f AY 2019-20. Followingbenefits/ deductions shall not be allowed againstsuch LTCG:

i. Benefit of Indexation under 2nd proviso toSection 48;

ii. Benefit of calculation of capital gains inforeign currency in case of Non Residentsunder 1st proviso to Section 48;

iii. VI-A deduction;

iv. Section 87A rebate.

Further, LTCG on assets acquired before 1st day ofFebruary 2018 is grandfathered by providing thatcost of acquisition for such assets shall be higher offollowing:

a) The actual cost of acquisition of such asset;and

b) The lower of:

The fair market value of such asset as on 31st

January 2018 or earlier date on which it wastraded; and

The full value of consideration received oraccruing as a result of transfer of capital asset

In case of Foreign Institutional investor also, LTCGexceeding INR 1 lakhs on securities mentionedabove is proposed to be taxed @10% w.e.f AY 2019-20. Consequential amendments is proposed to bemade in Section 115AD.

As per proposed amendments, tax shall not becharged on any value appreciation till 31st

January 2018 on assets acquired before suchdate. This has come as a relief for the investorsholding assets with significant value appreciationtill date.

DDT on Deemed dividend u/s 2(22)(e)

Presently deemed dividend u/s 2(22)(e) istaxable in the hands of shareholder which causescertain issues and problems in collection of tax.Accordingly, amendment is proposed in Section

115-O and Section 115Q, whereby, tax ondeemed dividend u/s 2(22)(e) will be paid bycompany at the rate of 30% without grossing up.Consequently such deemed dividend will beexempt in the hands of shareholder as persection 10(34). Applicable w.e.f from AY 2019-20.

DDT levied on equity oriented Mutualfunds

As per amendment proposed in Section 115R,Dividend distribution tax of 10% shall be leviedon income distributed to any person by an equityoriented mutual fund w.e.f 01.04.2018. Earlier,these funds were specifically excluded and noDDT was levied on such amount.

Restrictions on provisions of section 54ECproviding exemption of LTCG

Section 54EC provides for exemption of LTCGarising on any capital asset if the same isinvested in NHAI/REC Bonds having lock in of 3years. Now, it is proposed to restrict the scope ofthis section only to capital gains arising fromlong-term capital assets, being land or building orboth as against any Long Term Capital Gain. It isalso proposed to increase the lock in period ofsuch bonds to 5 years from existing 3 years.Applicable from AY 2019-20.

Scope of Accumulated profit enhanced

As per amendment in definition of accumulatedprofits in Section 2(22), the scope ofaccumulated profit for the purpose of deemeddividend is widened in the case of theamalgamated company to include accumulatedprofits or losses of amalgamating company onthe date of amalgamation.

This provision will take effect from AY 2018-19and subsequent AYs.

“I don’t think it’s going to change the course of

the markets. They will learn to live in this new

reality. I don’t think this in any way will impact

incremental investment.”

-Nilesh Shah,(CEO)

Envision Capital

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CORPORATE TAXATION

Tax rate reduced to 25%

Corporate tax rate reduced to 25% for domesticcompanies with turnover or gross receipts notexceeding INR 250 crore for FY 2016-17.However, no change in rates for Firms/LLPs/Co-operative Societies/AOP/BOI.

Increase in cess

Education Cess of 3% removed and replaced by Health and Education Cess of 4%.

Rationalization of deduction u/s 80JJAA foremployment generation

At present, u/s 80JJAA a deduction of 30% isallowed in addition to normal deduction of 100%in respect of emoluments paid to eligible newemployees who have been employed for aminimum period of 240 days during the year.However, the minimum period of employmentapplicable to apparel industry was 150 days. Inorder to encourage creation of new employment,it is proposed to extend this relaxation of 150days to footwear and leather industry also.

Further, it is also proposed to rationalize thisdeduction of 30% by allowing the benefit for anew employee who is employed for less than theminimum period during the first year butcontinues to remain employed for the minimumperiod in subsequent year. Applicable w.e.f AY2019-20.

Taxability of compensation in connectionto business or employment

As per amendments proposed in Section 28 andSection 56, any compensation received orreceivable, whether, capital or revenue, inconnection with termination or modification ofterms and condition of any contract relating tobusiness shall be taxable under the head PGBPand relating to employment shall be taxableunder the head Income from other source.Applicable w.e.f AY 2019-20.

Deduction in respect of income of FarmProducer companies

Section 80P provides for 100% deduction inrespect of profit of cooperative society whichprovide assistance to its member engaged inprimary agricultural activities.

A new section 80PA is proposed to be inserted toextend similar benefit to Farm Producercompanies, having a total turnover upto INR 100crore, whose gross total income includes anyincome from:

i. The marketing of agricultural produce grownby its members;

ii. The purchase of agricultural implements,seeds, livestock or other articles intendedfor agriculture for the purpose of supplyingthem to its members;

iii. The processing of the agricultural produceof its members;

The benefit shall be available for a period of fiveyears from the financial year 2018-19.

Rationalization of provisions of deductionu/s 80IAC to Startups

Section 80IAC provides for 100% deduction ofprofits to eligible startups. In order to improvethe effectiveness of the scheme for promotingstartups in India, it is proposed to make followingchanges in Section 80IAC:

I. The sunset date of incorporation for eligiblestartups extended from 1st April,2019 to 1st

April, 2021.

II. Requirement of turnover not exceeding INR 25crore would apply to 7 previous yearscommencing from date of incorporation;

III.Definition of eligible business is expanded toprovide that the benefit would be available ifstartup is engaged in innovation, developmentor improvement of products or processes orservices, or a scalable business model with ahigh potential of employment generation orwealth creation requirement of new productand services driven by technology orintellectual property is done away with.

This amendment is effective from AY 2018-19 andsubsequent AY.

"The agricultural-based industry has hailed

various sops announced for Farmer Producer

Organizations (FPOs). "Having strong FPOs will

make it easy for the input companies to sell their

products to farmers…

-Anil Jain, (MD) Jain Irrigations

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Amendments related to ICDS

In order to harmonize the provisions of Act withICDS, following amendments are proposed:

1. Amendment in Section 36 (allowability ofexpenses from PGBP income) to provide thatMTM loss or other expected loss as computedas per ICDS shall be allowed;

2. Amendment in Section 40A (expenses notallowed as deduction from PGBP) to providethat no deduction or allowance in respect ofMTM loss or other expected loss shall beallowed except as allowance u/s 36;

3. Section 43AA is inserted to provide that subjectto provisions of Section 43A (Special provisionrelating to change in Forex rate), any gain orloss arising on account of changes in forex ratesin respect of specified foreign currencytransaction shall be treated as income or loss ascomputed as per ICDS;

4. Section 43CB is inserted to provide that profitsarising from construction contract or contractfor providing services shall be determined onpercentage of completion method except forcertain service contract and the contractrevenue shall include retention money andcontract cost shall not be reduced by incidentalinterest, dividend or capital gain.

5. Amendment in Section 145A to provide that forpurpose of determining the income chargeableunder the head PGBP:

a) The valuation of inventory shall be madeat lower of cost or NRV computed inaccordance with ICDS;

b) Valuation of purchase and sale of goodsor services and of inventory shall beadjusted to include the amount of tax,duty, cess or fee actually paid or incurredby the assessee to bring the goods orservices to the place of its location andcondition on the date of valuation;

c) Inventory being securities not listed, orlisted but not quoted, on a recognizedstock exchange, shall be valued at actualcost initially recognized in mannerprovided in ICDS;

d) Inventory being listed securities shall bevalued at lower of actual cost or NRV inmanner provided in ICDS;

6. Section 145B is inserted to provide:a) Interest received on compensation or

enhanced compensation shall bedeemed to be income of the year inwhich it is received;

b) Claim for escalation of price in contractor export incentive shall be deemed tobe income of previous year in whichreasonable uncertainty of its realizationis achieved;

c) Income in the form of subsidy or grant orcash incentive etc. by CentralGovernment or State Government or anyauthority shall be deemed to be incomeof previous year in which it is received, ifnot charged to income tax for any earlierprevious year.

All these amendments are inserted retrospectivelywith effect from AY 2017-18 and subsequent AY.

INTERNATIONAL TAXATION ANDTRANSFER PRICING

Expansion of Scope of business connectionunder section 9(1)(i)

Expansion of Agency PE

Scope of business connection u/s 9(1)(i) w.r.tDependent Agent Permanent Establishment(DAPE) is proposed to be expanded in sync withmodified PE Rule as per Multilateral conventionto Implement Tax Treaty Related measures (MLI)to which India is also a signatory which willautomatically amend the provisions of PEenvisaged in India’s tax treaties.

Under existing provisions, in many cases to avoidestablishing a PE under Article 5(5) of the DTAA,the person acting on the behalf of the non-resident, negotiates the contract but does notconclude the contract. To plug in this gap it isproposed that business connection shall nowalso include any business activities carriedthrough a person/agent who, acting on behalf ofthe non-resident, habitually concludes contractsor habitually plays the principal role leading toconclusion of contracts by the non-resident.

Concept of Significant Economic Presence

Current Treaties & Indian PE Tax regime are notable to address the challenges posed by thepresent digital business models where businessis carried out without having any physicalpresence in the source country. This leads toavoidance of Tax in source country. ‘Significant

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Economic Presence’ (SEP) concept is a conceptsuggested by BEPS to address this challenge.

‘Business connection’ scope is thus proposed tobe expanded to include ‘Significant Economicpresence’. SEP shall mean

i. any transaction in respect of any goods,services or property carried out by a NR inIndia including provision of download of dataor software in India if aggregate of paymentsarising from such transaction or transactionsduring the previous year exceeds the amountas may be prescribed;

ii. systematic and continuous soliciting of itsbusiness activities or engaging in interactionwith such number of users as may beprescribed, in India through digital means.

Above amendments to take effect from 1st Apr2019 & will apply AY 2019-20 onwards. The aboveamendment will enable India to negotiate forinclusion of SEP in Tax Treaties.

Rationalization of Country-by-CountryReporting (CbCR) provisions

Based on BEPS - OECD Model legislation,following clarificatory amendments, inter alia, inSection 286 are proposed w.r.e.f. AY 2017-18 toimprove effectiveness & to reduce complianceburden:

1. Time for furnishing CbCR, by parent entity orAlternative Reporting Entity (ARE) orConstituent entity (CE), resident in India,proposed to be extended to 12 months fromend of reporting accounting year as againstdue date of filing return of income.

2. CE resident in India, having non-residentparent, shall also furnish CbCR in case itsparent outside India has no obligation to fileCbCR in its country of residence.

3. Due date for furnishing of CbCR by the ARE ofan international group having parent outsideIndia, with tax authority of country of which itis resident, will be the due date specified bythat country.

NO TDS on Royalty and FTS payment byNational Technical Research Organization(NTRO) to NR

Considering business exigencies of NTRO, it isproposed to exempt income arising to non-

resident (other than company), or a foreign co.,by way of royalty or fees for technical services(FTS) for services rendered in or outside India to,NTRO. Consequently, NTRO will not be requiredto deduct tax at source on such payments u/s195.

Amendment effective from 1st Apr 2018 i.e. willapply in relation to AY 2018-19 onwards.

Measures to promote InternationalFinancial Services Centre (IFSC)

It is proposed to amend Section 47 to providethat transaction in the following assets, by a non-resident on a recognized stock exchange locatedin any IFSC shall not be regarded as transfer, ifthe consideration is paid or payable in foreigncurrency:

i. Bond or Global depository receipt, asreferred to in sub-section (1) of Section115AC;

ii. Rupee denominated bond of an Indiancompany;

iii. Derivatives

It is further proposed to amend the Section115JC so as to provide that in case of a unitlocated in an IFSC, AMT u/s 115JC shall bechargeable at the rate of 9% as against existingrate of 18.5%. Applicable w.e.f AY 2019-20.

RATIONALISATION MEASURES

Certain relief to Corporates undergoinginsolvency proceedings under Insolvency &Bankruptcy Code (IBC), 2016

Relief under MAT

Under existing provisions of section 115JBbrought forward loss (excluding depreciation) orunabsorbed depreciation whichever less as perbooks of is allowable to be deducted from bookprofits. To provide benefit/relief to companiesundergoing insolvency proceedings under IBC,2016 it is proposed to amend section 115JB toprovide that aggregate amount of unabsorbeddepreciation & loss brought forward (excludingunabsorbed depreciation) shall be allowed to bereduced from the book profit. Applicable w.e.f.AY 2018-19.

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Relaxation of conditions of section 79 for carryforward & set off of losses

It is proposed to rationalize the provisions ofsection 79 to provide that conditions ofcontinuity of beneficial ownership of at least 51%to be eligible to claim set off of losses shall notbe applicable to a company undergoinginsolvency if their resolution plan has beenapproved under the IBC, 2016 after affording areasonable opportunity of being heard to thejurisdictional Principal Commissioner orCommissioner. This amendment will takeretrospective effect from AY 2018-19.

Verification of Income tax return of companiesunder IBC, 2016

It is also proposed to amend section 140 of theAct so as to provide that during the resolutionprocess under the Insolvency and IBC, 2016, theIncome Tax return shall be verified by aninsolvency professional appointed by theAdjudicating Authority under the IBC, 2016.Applicable to returns filed on or after01.04.2018.

Rationalization of section 43CA, 50C and 56w.r.t transfer of immovable property belowCircle rate.

Presently, income under the head capital gains(section 50C), business profits (section 43CA) andother sources (section 56), arising out oftransactions in immovable property is taxableconsidering the circle rate/stamp value asdeemed sale consideration if such considerationis less that circle rate. This has lead to hardship ingenuine cases where market value is really lessthan circle rate. In order to minimize hardship incase of genuine transactions in the real estatesector, it is proposed to provide that noadjustments shall be made in a case where thevariation between stamp duty value and the saleconsideration is not more than five percent ofthe sale consideration.

Taxation of Notional income on conversionof stock-in-trade into Capital Asset

Section 45 of the Act, inter alia, provides thatcapital gains arising from a conversion of capitalasset into stock-in-trade shall be chargeable totax. However, in cases where the stock in trade isconverted into, or treated as, capital asset, theexisting law does not provide for its taxability.

In order to provide symmetrical treatment anddiscourage the practice of deferring the taxpayment by converting the inventory into capitalasset, it is proposed to amend the provisions ofsection 28 so as to provide that any profit orgains arising from conversion of inventory intocapital asset or its treatment as capital asset shallbe charged to tax as business income. It is alsoproposed to provide that the fair market value ofthe inventory on the date of conversion shall bedeemed to be the full value of the considerationreceived or accruing as a result of suchconversion. Consequential amendment alsoproposed in section 2(24) so as to include suchfair market value in the definition of income;section 49 so as to provide that for the purposesof computation of capital gains arising ontransfer of such capital assets, the fair marketvalue on the date of conversion shall be the costof acquisition; and section 2(42A) so as toprovide that the period of holding of such capitalasset shall be reckoned from the date ofconversion or treatment.

Tax neutral transfers

Section 47 provides for certain tax neutraltransfers Section 56 also excludes income arisingout of certain tax neutral transfers from itsambit. However, the transfers referred to inclause (iv) and clause (v) of section 47 have notbeen excluded from the scope of section 56. Inorder to further facilitate the transaction ofmoney or property between a wholly ownedsubsidiary company and its holding company, it isproposed to amend the section 56 so as toexclude such transfer from its scope. Applicablew.e.f AY 2019-20.

Rationalization of adjustments inprocessing of return of income [Sec.143(1)]

Sub-clause (vi) to section 143(1) provides foradjustment in respect of income appearing inForm 26AS or Form 16A or Form 16 which hasnot been included in computing the total incomein the return. With a view to restrict the scope ofsuch adjustments, it is proposed to insert a newproviso to the said clause to provide that noadjustment under sub-clause (vi) shall be madein respect of any return furnished on or after theAY 2018-19.

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Rationalization of provisions of section115BA relating to certain domesticcompanies

Section 115BA provides that the total income ofa newly set up domestic company engaged inbusiness of manufacture or production shall, atits option, be taxed at 25% subject to certainconditions w.e.f. AY 2017-18. However, therewere certain concerns/issues regarding taxabilityof certain incomes which are taxable at specialrate which may be lower or higher than 25%.Now, it is proposed to amend section 115BA toclarify that such 25% rate shall apply to incomefrom the business of manufacture or production.Other Incomes which are taxable under the otherprovisions of the Act at special rate shallcontinue to be taxed at such special rate and notat 25%. This amendment will take effectretrospectively from AY 2017-18.

Rationalization of the provisions of section115BBE

Section 115BBE(1) provides for higher tax rate of60% on income referred to in section 68 orsection 69 or section 69A or section 69B orsection 69C or section 69D included in (a)returned income or (b) assessed incomedetermined by AO. Sub-section (2) of said sectionprovides that no deduction in respect of anyexpenditure or allowance or set-off of any lossshall be allowed to the assessee under anyprovision of the Act in computing his incomereferred to in clause (a) of sub-section (1) i.e.returned income.

In order to rationalize the provisions of section115BBE, it is proposed to amend the said sub-section (2) so as to include income referred to inclause (b) of sub-section (1) also i.e. assessedincome determined by AO. Applicable w.r.e.f. AY2017-18.

No deduction in respect of certain incomeunder Chapter VIA-C unless return is filedby the due date.

Existing provisions of section 80AC provide thatno deduction would be admissible under section80-IA, 80-IAB, 80-IB, 80-IC, 80-ID or section 80-IE,unless the return of income is furnished on orbefore the due date specified in 139(1). However,other deductions of certain income underchapter VIA-C were not covered by the abovecondition. Accordingly, it is proposed to extendthe scope of section 80AC to provide that the

benefit of deduction under the entire class ofdeductions under the heading “C.—Deductionsin respect of certain incomes” in Chapter VIAshall not be allowed unless the return of incomeis filed by the due date. Applicable w.e.f AY 2018-19.

Trading in Agricultural commodityderivatives not to be considered asspeculative transaction

It is proposed to amend provisions of Section 43to provide that a transaction in respect of tradingin agricultural commodity derivatives, which isnot chargeable to CTT, in a registered stockexchange or registered association, will betreated as non-speculative transaction.

Rationalization of presumptive taxation u/s44AE for goods carriage

It is proposed to increase presumptive income incase of heavy goods vehicles (more than 12MTgross vehicle weight) to an amount equal to INR1,000 per ton per gross vehicle weight orunladen weight, per month or part of the monthas against existing rate of INR 7,500 per month.Vehicle other than heavy goods vehicle willcontinue to be taxed as per the existing rates ofINR 7,500 per month or part of the month.Applicable w.e.f AY 2019-20.

Rationalization of section 276CC relating toprosecution for failure to furnish Incometax return

The sub-clause (b) of clause (ii) of proviso to thesection 276CC provides that a person shall not beproceeded against under the said section forfailure to furnish return for any assessment yearcommencing on or after the 1st day of April,1975, if the tax payable by him on the totalincome determined on regular assessment asreduced by the advance tax, if any, paid and anytax deducted at source, does not exceed threethousand rupees. In order to prevent abuse ofthe said proviso by shell companies or bycompanies holding Benami properties, it isproposed to amend the provisions of the saidsub-clause so as to provide that the said sub-clause shall not apply in respect of a company.This amendment will take effect from 1st April,2018.

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MISCELLANEOUS

Introduction of New scheme for ElectronicAssessment

It is proposed to amend section 143, by insertinga new sub-section (3A) to provide for scheme ofE-Assessment for the purpose of bringing greatertransparency and accountability in assessmentproceedings, by eliminating the interfacebetween the Assessing Officer and the assessee.

Amendments to the structure of Authorityfor Advance Rulings

Section 245-O provides for the constitution of anAuthority for Advance Rulings, and constitutionof its benches, for giving advance rulings.

In view of the proposed constitution of newCustoms Authority for Advance Ruling undersection 28EA of the Customs Act, it is proposedto amend the provisions of section 245-O so asto provide that such Authority shall cease to actas an Authority for Advance Rulings, and shall actas an Appellate Authority.

Such Authority shall not admit any appeal againstany ruling or order passed earlier by it in thecapacity of Authority for Advance ruling.

Appeal against penalty imposed byCommissioner (Appeals) under section271J

Section 253(1)(a) of the Act is proposed to beamended to provide that order passed by aCommissioner (Appeals) under section 271J isappealable order before the Appellate Tribunal.

Compulsory PAN for Non Individuals

PAN is made compulsory for any entity (otherthan individual), who enters into any financialtransaction exceeding INR 2.5 lakhs in a financialyear. Further, managing director, director,partner, trustee, author, founder, karta, CEO,principal officer or other person competent toact on behalf of such entities shall also berequired to have PAN.

TDS deduction and Cash less payments byTrust and institutions

It is proposed that in the case of charitable orreligious trusts or institutions as per section10(23C) or section 11 of the Act, cash

expenditure exceeding INR 10,000 in a day [asper section 40A(3) and section 40A(3A)] and 30%of the sum payable to a resident, on which thereis default, tax deduction at source [as per section40(a)(ia)] shall be disallowed.

The proposed amendment shall be effective fromAY 2019-20 onwards.

Penalty for failure to furnish statement offinancial transaction or reportable account

Per day Penalty for non-filing of statement offinancial transaction as required under section285BA has being increased from INR 100 to INR500 and for non-filing of this statement inresponse of notice u/s 285BA(5) increased fromINR 500 to INR 1000.

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Indirect Taxation

“A very comprehensive Budgetcomprising key measures that wouldhave a positive impact on varioussegments including tenant farmers, 10crore poor families, senior citizens,among others. Combined with these, theidea of a national gold policy andintegration of the TReDS platform withGSTN for the SME are all significantpolicy changes aimed at transformingthe overall economy…“

-Rajnish Kumar, (Chairman)State Bank of India

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Amendment in The Central Goods andServices Tax Act, 2017

The name of “Central Board of Excise andCustoms” has been changed to “Central Board ofIndirect Taxes and Customs”

Amendments under Service Tax (FinanceAct, 1994)

Service tax shall not be levied on servicesprovided by Naval Group Insurance fund by wayof life insurance to personnel of coast Guardunder the Group Insurance Schemes of theCentral Government retrospectively.

Service tax shall not be levied or collected inrespect of taxable services provided or agreed tobe provided by the Goods and Services TaxNetwork to the Central Government or the StateGovernment or the Union territoryAdministration retrospectively.

Service tax shall not be levied, on theconsideration paid to the Government in theform of Government’s share of profit petroleumretrospectively.

Changes in rates of custom duty

Social welfare surcharge of 10% imposed onimported goods with immediate effect.

Basic Custom duty have increased on followingitems with immediate effect:

Rates of custom duty have decreased on following items

A Road and Infrastructure Cess, as an AdditionalDuty of Customs, at the rate of INR 8 Per liter,has been imposed on imported motor spiritcommonly known as petrol and high speed dieseloil

Basic excise duty on petrol and high speed dieseloil has been reduced by INR 2 Per liter

Exemption from custom duty has been providedto goods which are imported for the purpose ofrepair, further processing or manufacturing(inward processing) provided such goods are re-exported within one year and are identifiable

Same to hold good for outward processing

Time has been reduced from 6 months to 3months in which advance ruling shall bepronounced.

New section has been inserted relating to appealprovision with respect to advance ruling.

Manner of service of notice has been amendedto include speed post, courier and registeredemail as valid modes of delivery and in case ofnon-service affixing at some conspicuous place atlast known place of business or residence inaddition to affixing it on the notice board of thecustom houses etc.

Provision has been made for clearance of goodsby custom automated system in addition toexisting clearance by proper officer

Raw cashew nuts Solar tempered glass Select capital goods and electronics Cochlear implants

"We welcome the announcement on custom duty increase

in mobile phones from 15 percent to 20 percent. This will

provide a big boost to the Make in India campaign by the

government, and will be instrumental in achieving our

country's vision of making India a global hub for mobile

phone manufacturing. Local manufacturing will create

more job opportunities, benefiting the youth and

contributing towards the overall growth of the economy.“

-Sanjeev Agarwal, (Chief Manufacturing Officer)

Lava Internationals

Beauty products, shampoo , hair oil , tooth

paste Fruit Juice Candles Plastic stickers Self-adhesive tapes Truck and Bus radials tyres Silk fabric Rubber Foot wears Jute articles Mobile phone

Television sets , LED TV Imitation jewelry Cigarette and lighters Toys, games , sports accessories Wrist watches Diamonds, Cut and polished colored gem

stones

Page 26: UNION BUDGET 2018 2019 - LEA Global · Union Budget 2018-19 – A shot Dewan P.N. Chopra & Co. 3 With introduction of GST from 1st July 2017 and a continuous barrage of amendments

Union Budget 2018-19 – A Snapshot

Dewan P.N. Chopra & Co.26

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CONTACT US

Dewan P. N. Chopra & Co.

Chartered Accountants

Head Office Corporate Offices

57-H, Connaught Circus D-295, Defence Colony,

New Delhi (India)-110001 New Delhi (India)-110024

Phones: +91-11-23321418/2359 Phones: +91-11-24645891/92/93

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Phones: +91-11-24645897/40526860

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