UNION BUDGET 2017

UNION BUDGET 2017

Income Tax




1. Rates of Income Tax

(A) I.The rates of income-tax in the case of individual (other than those covered in part (II) or (III) below) or Hindu undivided family or AOP/BOI (other than a co-operative society) whether incorporated or not, or every artificial judicial person shall be

Upto  Rs.2,50,000
Nil
Rs.2,50,001 to Rs. 5,00,000
5%
Rs.5,00,001 to Rs. 10,00,000
20%
Above Rs.10,00,000
30%

II. In the case of every individual, being a resident in India, who is of the age of 60 years or more but less than 80 years at any time during the previous year

Upto Rs.3,00,000
Nil
Rs.3,00,001 to Rs. 5,00,000
5%
Rs.5,00,001 to Rs. 10,00,000
20%
Above Rs.10,00,000
30%

III. In the case of every individual, being a resident in India, who is of the age of 80 years or more at any time during the previous year.

Upto Rs.5,00,000
Nil
Rs.5,00,001 to Rs.10,00,000
20%
Above Rs.10,00,000
30%

Surcharge: The amount of Income-tax computed in accordance with the above rates shall be increased by a surcharge at the rate of

(i)  10% of such income-tax in case of a person having a total income exceeding fifty lakh rupees but not exceeding one crore rupees; and

(ii)  15% of such income-tax in case of a person having a total income exceeding one crore rupees.

Marginal Relief: The total amount payable as income-tax and surcharge on total income exceeding fifty lakh rupees but not exceeding one crore rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as income-tax on a total income of fifty lakh rupees by more than the amount of income that exceeds fifty lakh rupees

Further, the total amount payable as income-tax and surcharge on total income exceeding one crore rupees shall not exceed the total amount payable as income-tax on a total income of one crore rupees by more than the amount of income that exceeds one crore rupees.

Cess: Education cess @ 2% and S.H.E.C @1%.


(B) In the case of every co-operative society, Firm (including LLP) and Local Authorities

The rate of income-tax and cess will be the same as those specified for F.Y 2016-17 i.e 30%.

Surcharge: The amount of income-tax shall be increased by a surcharge at the rate of 12% of such income-tax when total income exceeds one crore rupees.

Marginal relief: The total amount payable as income-tax and surcharge on total income exceeding one crore rupees shall not exceed the total amount payable as income-tax on a total income of one crore rupees by more than the amount of income that exceeds one crore rupees.

(C) In case of a company

(i) For Domestic companies:

25%: if the total turnover or gross receipts of the previous year 2015-16 does not exceed fifty crore rupees.

30%: in all other cases

Surcharge: Surcharge for domestic Companies will continue to be 7% if total income exceeds Rs 1 crore but does not increase Rs.10 crore and 12% if total income exceeds Rs. 10 Crore.

Marginal Relief :The total amount payable as income tax and surcharge on total income exceeding Rs.1 crore but not exceeding Rs. 10 crore, shall not exceeds the amount payable as income tax on a total income of Rs. 1 crore, by more than the amount of income that exceeds Rs 1 crore . The total amount payable as income tax and surcharge on total income exceeding Rs. 10 crore, shall not exceed the amount payable as income tax and surcharge on a total income of Rs. 10 cr. , by more than the amount of income that exceeds Rs. 10 cr.

Cess: EC @ 2% & SHEC @1%

(ii) For Foreign company:

The rates of tax are the same as those specified for the financial year 2016-17 that is 40%

Surcharge: The surcharge will continue to be 2% if the total income exceeds Rs.1 crore but does not exceeds Rs.10 crore. & 5% if total income exceeds 10 crore.

Marginal relief: However, the total amount payable as income-tax and surcharge on total income exceeding Rs. 1 cr but not exceeding Rs 10 cr, shall not exceed the total amount payable as income-tax on total income of Rs 1 cr, by more than the amount of income that exceeds Rs 1 cr. The total amount payable as income-tax and surcharge on a total income of Rs. 10 cr, by more than the amount of income that exceeds Rs.10 cr

Cess: EC @ 2% & SHEC @1%


2. RATIONALISATION OF TAXATION OF INCOME BY WAY OF DIVIDEND


Under the existing provision of the act, income by way of dividend in excess of Rs. 10 lakh is chargeable to tax at the rate of 10% on gross basis in case of a resident individual, Hindu undivided family or firm, it is proposed to amend that the above provision will be applicable to all resident assessees except domestic company and certain funds, trusts, institutions, etc.

This amendment will take effect from 1st April, 2018 and, will accordingly, apply in relation to assessment year 2018-19 and subsequent years.


3. DEDUCTION OF TAX AT SOURCE IN THE CASE OF CERTAIN INDIVIDUALS AND HINDU UNDIVIDED FAMILY

In order to widen the scope of tax deduction at source, it is proposed to insert a new section 194-IB in the Act to provide that Individuals or a HUF (other than those covered under 44AB of the Act), responsible for paying to a resident any income by way of rent exceeding fifty thousand rupees for a month or part of month during the previous year, shall deduct an amount equal to five per cent. of such income as income-tax thereon.

This amendment will take effect from 1st June, 2017.


4. INCENTIVES FOR PROMOTING INVESTMENT IN IMMOVABLE PROPERTY


With a view to promote the real-estate sector and to make it more attractive for investment, it is proposed to reduce the period of holding from the existing 36 months to 24 months in case of immovable property, being land or building or both, to qualify as long term capital asset.

This amendment will take effect from 1st April, 2018 and, will accordingly, apply in relation to assessment year 2018-19 and subsequent years.


5. RATIONALISATION OF PROVISIONS OF SECTION 80-IBA TO PROMOTE 

AFFORDABLE HOUSING


In order to promote the development of affordable housing sector, it is proposed to amend section 80-IBA so as to provide the following relaxations:—

(i) The size of residential unit shall be measured by taking into account the "carpet area" as defined in Real Estate (Regulation and Development) Act, 2016 and not the "built-up area".

(ii) The restriction of 30 square meters on the size of residential units shall not apply to the place located within a distance of 25 kms from the municipal limits of the Chennai, Delhi, Kolkata or Mumbai.

(iii) The condition of period of completion of project for claiming deduction under this section shall be increased from existing three years to five years.

These amendments will take effect from 1st April, 2018 and will, accordingly, apply in relation to the assessment year 2018-19 and subsequent years.



6. TAX INCENTIVE FOR THE DEVELOPMENT OF CAPITAL OF ANDHRA PRADESH

With a view to provide relief to an individual or Hindu undivided family who was the owner of such land as on 2nd June, 2014, and has transferred such land under the land pooling scheme notified under the provisions of Andhra Pradesh Capital Region Development Authority Act, 2014, it is proposed to insert a new clause (37A) in section 10 to provide that in respect of said persons, capital gains arising from following transfer shall not be chargeable to tax under the Act:

(i) Transfer of capital asset being land or building or both, under land pooling scheme.

(ii)   Sale of LPOCs by the said persons received in lieu of land transferred under the scheme.

(iii)   Sale of reconstituted plot or land by said persons within two years from the end of the financial year in which the possession of such plot or land was handed over to the said persons.


This amendment will take effect retrospectively, from 1st April, 2015 and will, accordingly, apply in relation to the assessment year 2015-16 and subsequent years.



7. SPECIAL PROVISIONS FOR COMPUTATION OF CAPITAL GAINS IN CASE OF JOINT DEVELOPMENT AGREEMENT


It is provided that in case of an assessee being individual or Hindu undivided family, who enters into a specified agreement for development of a project, the capital gains shall be chargeable to income-tax as income of the previous year in which the certificate of completion for the whole or part of the project is issued by the competent authority.

It is further proposed to provide that the stamp duty value of his share, being land or building or both, in the project on the date of issuing of said certificate of completion as increased by any monetary consideration received, if any, shall be deemed to be the full value of the consideration received or accruing as a result of the transfer of the capital asset.

This amendment will take effect from 1st April, 2018 and, will accordingly, apply in relation to assessment year 2018-19 and subsequent years.



8. SHIFTING BASE YEAR FROM 1981 TO 2001 FOR COMPUTATION OF CAPITAL GAINS

It is proposed to amend the base year for computation of capital gains so as to provide that the cost of acquisition of an asset acquired before 01.04.2001 shall be allowed to be taken as fair market value as on 1st April, 2001 and the cost of improvement shall include only those capital expenses which are incurred after 01.04.2001. Consequential amendment is also proposed in section 48 so as to align the provisions relating to cost inflation index to the proposed base year.

This amendment will take effect from 1st April, 2018 and, will accordingly, apply in relation to assessment year 2018-19 and subsequent years.



9. EXPANDING THE SCOPE OF LONG TERM BONDS UNDER 54EC

Under the existing provisions, investment in bond issued by the National Highways Authority of India or by the Rural Electrification Corporation Limited is eligible for exemption under this section.

It is proposed that investment in any bond redeemable after three years which has been notified by the Central Government in this behalf shall also be eligible for exemption.

This amendment will take effect from 1st April, 2018 and, will accordingly, apply in relation to assessment year 2018-19 and subsequent years.



10. NO NOTIONAL INCOME FOR HOUSE PROPERTY HELD AS STOCK-IN-TRADE

The house property consisting of any building and land appurtenant thereto is held as stock-in-trade and the property or any part of the property is not let during the whole or any part of the previous year, the annual value of such property or part of the property, for the period upto one year from the end of the financial year in which the certificate of completion of construction of the property is obtained from the competent authority, shall be taken to be nil.


This amendment will take effect from 1st April, 2018 and, will accordingly, apply in relation to assessment year 2018-19 and subsequent years.



11.CARRY FORWARD AND SET OFF OF LOSS IN CASE OF CERTAIN COMPANIES.

If all the shareholders of a company not being a company in which the public are substantially interested and being an eligible start-up which held shares carrying voting power on the last day of the year or years in which the loss was incurred, being the loss incurred during the period of seven years beginning from the year in which such company is incorporated, continue to hold those shares on the last day of such previous year.


This amendment will take effect from 1st April, 2018 and, will accordingly, apply in relation to assessment year 2018-19 and subsequent years.


12. EXTENDING THE PERIOD FOR CLAIMING DEDUCTION BY START-UPS.

It is proposed to provide that deduction under section 80-IAC can be claimed by an eligible start-up for any three consecutive assessment years out of seven years beginning from the year in which such eligible start-up is incorporated.

This amendment will take effect from 1st April, 2018 and will accordingly, apply in relation to assessment year 2018-19 and subsequent years.


13. RATIONALISATION OF PROVISIONS RELATING TO TAX CREDIT FOR MINIMUM ALTERNATE TAX AND ALTERNATE MINIMUM TAX

It is proposed to amend section 115JAA to provide that the tax credit determined under this section can be carried forward up to fifteenth assessment years immediately succeeding the assessment years in which such tax credit becomes allowable which was earlier till tenth year.

Further, similar amendment is proposed in section 115JD so as to allow carry forward of Alternate Minimum Tax (AMT) paid under section 115JC upto 15th assessment years in case of non corporate assessee.

This amendment will take effect from 1st April, 2018 and will accordingly, apply in relation to assessment year 2018-19 and subsequent years.


14. RESTRICTING CASH DONATIONS

No deduction shall be allowed under the section 80G in respect of donation of any sum exceeding two thousand rupees unless such sum is paid by any mode other than cash.

This amendment will take effect from 1st April, 2018 and will accordingly, apply in relation to assessment year 2018-19 and subsequent years.


15. DISALLOWANCE OF DEPRECIATION UNDER SECTION 32 AND CAPITAL 

EXPENDITURE UNDER SECTION 35AD ON CASH PAYMENT



It is proposed to amend the provisions of section 43 of the Act to provide that where an assessee incurs any expenditure for acquisition of any asset in respect which a payment or aggregate of payments made to a person in a day, otherwise than by an account payee cheque drawn on a bank


or account payee bank draft or use of electronic clearing system through a bank account, exceeds ten thousand rupees, such expenditure shall be ignored for the purposes of determination of actual cost of such asset.

This amendment will take effect from 1st April, 2018 and will accordingly, apply in relation to assessment year 2018-19 and subsequent years.


16. MEASURES TO DISCOURAGE CASH TRANSACTIONS

To reduce the existing threshold of cash payment to a person from Rs. 20,000 to Rs 10,000 in a single day; i.e any payment in cash above ten thousand rupees to a person in a day, shall not be allowed as deduction in computation of Income from "Profits and gains of business or profession";

This amendment will take effect from 1st April, 2018 and will accordingly, apply in relation to assessment year 2018-19 and subsequent years.


17. MEASURES FOR PROMOTING DIGITAL PAYMENTS IN CASE OF SMALL UNORGANIZED BUSINESSES

It is proposed to amend the existing threshold limit of deemed total income of 8% to 6% in respect of the amount of such total turnover or gross receipts received by an account payee cheque or account payee bank draft or use of electronic clearing system through a bank account and for any other mode rate will be same i.e. 8%.

This amendment will take effect from 1st April, 2017.


18. RESTRICTION ON CASH TRANSACTIONS

No person shall receive an amount of Rs. 3,00,000 or more, in aggregate from a person in a day, in respect of a single transaction; or in respect of transactions relating to one event or occasion from a person in cash.

The above restriction shall not apply to Government, any banking company, post office savings bank or co-operative bank.

The penalty is proposed to be a sum equal to the amount of such receipt.

These amendments will take effect from 1st April, 2017.


19. INCREASING THE THRESHOLD LIMIT FOR MAINTENANCE OF BOOKS OF ACCOUNTS IN CASE OF INDIVIDUALS AND HINDU UNDIVIDED FAMILY

It is proposed to amend the provisions of section 44AA to increase monetary limits of income from Rs. 1,20,000 to Rs. 2,50,000 and turnover from Rs. 10,00,000 to Rs. 25,00,000 in the case of Individuals and Hindu undivided family carrying on business or profession.

This amendment will take effect from 1st April, 2018 and will, accordingly, apply in relation to the assessment year 2018-19 and subsequent years.


20. EXCLUSION OF CERTAIN SPECIFIED PERSON FROM REQUIREMENT OF AUDIT OF ACCOUNTS UNDER SECTION 44AB

It is proposed to amend the section 44AB to exclude the eligible person, whose turnover does not exceed two crore rupees in such previous year, from requirement of audit of books of accounts under section 44AB.

This amendment will take effect from 1st April, 2017.


21. SIMPLIFICATION OF THE PROVISIONS OF TAX DEDUCTION AT SOURCE IN CASE FEES FOR PROFESSIONAL OR TECHNICAL SERVICES UNDER SECTION 194J

It is proposed to amend section 194J to reduce the rate of deduction of tax at source to 2% from 10% in case of payments received or credited to a payee, being a person engaged only in the business of operation of call center.

This amendment will take effect from the 1st day of June, 2017.


22. SCOPE OF SECTION 92BA OF THE INCOME-TAX ACT RELATING TO SPECIFIED DOMESTIC TRANSACTIONS

The expenditure in respect of which payment has been made by the assessee to a person referred to in under section 40A(2)(b) are to be excluded from the scope of section 92BA of the Act.

These amendments will take effect from 1st April, 2017.


23. TAX NEUTRAL CONVERSION OF PREFERENCE SHARES TO EQUITY SHARES

The conversion of preference share of a company into its equity share shall not be regarded as transfer.

This amendment will take effect from 1st April, 2018 and will accordingly, apply in relation to assessment year 2018-19 and subsequent years.


24. INCOME FROM TRANSFER OF CARBON CREDITS

It is proposed to insert a new section 115BBG to provide that where the total income of the assessee includes any income from transfer of carbon credit, such income shall be taxable at the concessional rate of 10%( plus applicable surcharge and cess) on the gross amount of such income. No expenditure or allowance in respect of such income shall be allowed under the Act.

This amendment will take effect from 1st April, 2018 and will accordingly, apply in relation to assessment year 2018-19 and subsequent years.


25. PROCESSING OF RETURN WITHIN THE PRESCRIBED TIME AND ENABLE WITHHOLDING OF REFUND IN CERTAIN CASES

It is proposed to insert a new section 241A to provide that, for the returns furnished for assessment year commencing on or after 1st April, 2017, where refund of any amount becomes due to the assessee under section 143(1) and the Assessing Officer is of the opinion that grant of refund may adversely affect the recovery of revenue, he may, for the reasons recorded in writing and with the previous approval of the Principal Commissioner or Commissioner, withhold the refund upto the date on which the assessment is made.


These amendments will take effect from 1st April, 2017


26. RATIONALISATION OF SECTION 211 AND SECTION 234C RELATING TO ADVANCE TAX

It is proposed to provide that that if shortfall in payment of advance tax is on account of under-estimation or failure in estimation of income of the nature referred to in section 115BBDA, the interest under section 234C shall not be levied.

Vide Finance Act 2016, presumptive taxation regime has been extended to professionals also. Hence it is proposed to amend the said clause (b) to provide that the assesse who declares proft and gain in accordance with presumptive taxation regime provided under section 44ADA shall also be liable to pay advance tax in one instalment on or before the 15th March.



This amendment will take effect from 1st April, 2018 and will accordingly, apply in relation to assessment year 2018-19 and subsequent years.


27. RATIONALISATION OF TIME LIMITS FOR COMPLETION OF ASSESSMENT, REASSESSMENT AND RE-COMPUTATION AND REDUCING THE TIME FOR FILING REVISED RETURN

It is proposed to provide that for the assessment year 2018-19, the time limit for making an assessment order under sections 143 or 144 shall be reduced from existing 21 months to 18 months from the end of the assessment year, and for the assessment year 2019-20 and onwards , the said time limit shall be 12 months from the end of the assessment year in which the income was first assessable.

In order to expedite assessments of the Department as proposed above, it is critical that the returns for an assessment year also freeze by the end of the assessment year. It is hence proposed to amend the provisions of the section (5) of the section 139 to provide that the time for furnishing of revised return shall be available upto the end of the relevant assessment year or before the completion of assessment, whichever is earlier.

This amendment will take effect from 1st April, 2018 and will accordingly, apply in relation to assessment year 2018-19 and subsequent years.




28. RATIONALISATION OF THE PROVISIONS IN RESPECT OF TIME LIMITS FOR COMPLETION OF SEARCH ASSESSMENT
The search and seizure cases conducted in the financial year 2018-19, the time limit for making an assessment order under section 153A shall be reduced from existing 21 months to 18 months from the end of the financial year.

These amendments will take effect from 1st April, 2017


29. EXEMPTION OF LONG TERM CAPITAL GAINS TAX U/S 10(38)

The exemption under this section for income arising on transfer of equity share acquired or on after 1st day of October, 2004 shall be available only if the acquisition of share is chargeable to Securities Transactions Tax. However, to protect the exemption for genuine cases where the Securities Transactions Tax could not have been paid like acquisition of share in IPO, FPO, bonus or right issue by a listed company acquisition by non-resident in accordance with FDI policy of the Government etc., it is also proposed to notify transfers for which the condition of chargeability to Securities Transactions Tax on acquisition shall not be applicable.

This amendment will take effect from 1st April, 2018 and will, accordingly, apply in relation to the assessee.


30. FAIR MARKET VALUE TO BE FULL VALUE OF CONSIDERATION IN CERTAIN CASES

It is proposed to insert a new section 50CA to provide that where consideration for transfer of share of a company (other than quoted share) is less than the Fair Market Value of such share determined in accordance with the prescribed manner, the FMV shall be deemed to be the full value of consideration for the purposes of computing income under the head "Capital gains".

This amendment will take effect from 1st April, 2018 and will, accordingly, apply in relation to the assessee.


31.WIDENING SCOPE OF INCOME FROM OTHER SOURCES

Receipt of the sum of money or the property by any person without consideration or for inadequate consideration in excess of Rs. 50,000 shall be chargeable to tax in the hands of the recipient under the head "Income from other sources".

This amendment will take effect from 1st April, 2017

32.DISALLOWANCE FOR NON-DEDUCTION OF TAX FROM PAYMENT TO RESIDENT

For computing income under the head "Profits and gains of business or profession", a disallowance is made for non-deduction of tax from payment to resident also. With a view to improve compliance of provision relating to TDS it is proposed to amend the said section so as to provide that provisions of section 40(a)(ia) shall, so far as they may be, apply in computing income chareable under the head “income from other sources”.

This amendment will take effect from 1st April, 2018 and will, accordingly, apply in relation to the assessee.

33.RESTRICTION ON EXEMPTION IN CASE OF CORPUS DONATION BY EXEMPT ENTITIES TO OTHER EXEMPT ENTITIES

Donation given by one exempt entities to another exempt entity under section 12AA, with specific direction shall not be treated as application of income.

This amendment will take effect from 1st April, 2018 and will, accordingly, apply in relation to the assessee.


34.MANDATORY FURNISHING OF RETURN BY CERTAIN EXEMPT ENTITIES

Certain entities which enjoy exemption under section 10 shall also be mandatorily required to furnish a return of income.

This amendment will take effect from 1st April, 2018 and will, accordingly, apply in relation to the assessee.



35.FEE FOR DELAYED FILING OF RETURN

It is proposed to insert a new section 234F in the Act to provide that a fee for delay in furnishing of return shall be levied for assessment year 2018-19 and onwards in a case where the return is not filed within the due dates specified for filing of return. The proposed fee structure is as follows:—

(i)  a fee of Rs.5000 shall be payable, if the return is furnished after the due date but on or before the 31st day of December of the assessment year;

(ii)   a fee of Rs. 10000 shall be payable in any other case.

However, in a case where the total income does not exceed Rs.5,00,000 it is proposed that the fee amount shall not exceed Rs.1000.

This amendment will take effect from 1st April, 2018 and will, accordingly, apply in relation to the assessee.

36.PENALTY ON PROFESSIONALS FOR FURNISHING INCORRECT INFORMATION IN STATUTORY REPORT OR CERTIFICATE

If an accountant or a merchant banker or a registered valuer, furnishes incorrect information in a report or certificate under any provisions of the Act or the rules made thereunder, the Assessing Officer or the Commissioner (Appeals) may direct him to pay a sum of Rs. 10,000 for each such report or certificate by way of penalty.

This amendment will take effect from 1st April, 2017



37.STRENGTHENING OF PAN QUOTING MECHANISM IN THE TCS REGIME

It is proposed to insert new section 206CC to provide the following:

I. any person paying any sum or amount, on which tax is collectable at source shall furnish his Permanent Account Number to the person responsible for collecting such tax, failing which tax shall be collected at the twice the rate mentioned in the relevant section or 5% whichever is higher.

II. that the declaration filed under section 206C shall not be valid unless the person filing the declaration furnishes his Permanent Account Number in such declaration.

III. that in case any declaration becomes invalid , the collector shall collect the tax at source in accordance with the provisions of sub-section (1).

IV. no certificate under sub section (9) of section 206C shall be granted unless it contains the Permanent Account Number of the applicant.


V. the collector knows about the correct PAN of the collectee it is also proposed to provide for mandatory quoting of PAN of the collectee by both the collector and the collectee in all correspondence, bills and vouchers exchanged between them.

VI. that the collectee shall furnish his Permanent Account Number to the collector who shall indicate the same in all its correspondence, bills, vouchers and other documents which are sent to collectee.

VII. where the Permanent Account Number provided by the collectee is invalid or it does not belong to the collectee, then it shall be deemed that Permanent Account Number has not been furnished to the collector.

VIII. to exempt the non-resident who does not have permanent establishment in India from the provisions of this proposed section 206CC of the Act.

This amendment will take effect from 1st April, 2017.



38. RATIONALIZATION OF DEDUCTION UNDER SECTION 80CCG.

No deduction under section 80CCG shall be allowed from assessment year 2018-19. However, an assessee who has claimed deduction under this section for assessment year 2017-18 and earlier assessment years shall be allowed deduction under this section till the assessment year 2019-20 if he is otherwise eligible to claim the deduction as per the provisions of this section.

This amendment will take effect from 1st April, 2018 and, will accordingly, apply in relation to assessment year 2018-19 and subsequent years.



39. RESTRICTION ON SET-OFF OF LOSS FROM HOUSE PROPERTY

The set-off of loss under the head "Income from house property" against any other head of income shall be restricted to Rs. 2,00,000 for any assessment year. However, the unabsorbed loss shall be allowed to be carried forward for set-off in subsequent years in accordance with the existing provisions of the Act.

This amendment will take effect from 1st April, 2018 and, will accordingly, apply in relation to assessment year 2018-19 and subsequent years.



40. POWER OF PROVISIONAL ATTACHMENT AND TO MAKE REFERENCE TO VALUATION OFFICER TO AUTHORISED OFFICER

This is to provide that during the course of a search or seizure or within a period of sixty days from the date on which the last of the authorisations for search was executed, the authorised officer on being satisfied that for protecting the interest of revenue it is necessary so to do, may attach provisionally any property belonging to the assessee with the prior approval of Principal Director General or Director General or Principal Director or Director. It has been proposed that such provisional attachment shall cease to have effect after the expiry of six months from the date of order of such attachment.

These amendments will take effect from lst April, 2017


41. RATIONALISATION OF THE PROVISIONS IN RESPECT OF POWER TO CALL FOR INFORMATION

This is to provide that the power in respect of inquiry or proceeding under the Act, may also be exercised by the Joint Director, the Deputy Director and the Assistant Director.

It is further proposed that the Joint Director, the Deputy Director or the Assistant Director may exercise the powers in respect of such inquiry, without seeking prior approval of higher authorities.

These amendments will take effect from lst April, 2017.



42.EXTENSION OF THE POWER TO SURVEY

It is proposed to widen the scope of the section 133A by amending sub-section (1) to include any place, at which an activity for charitable purpose is carried on.

This amendment will take effect from lst April, 2017.



43.RATIONALISATION OF PROVISIONS OF THE INCOME DECLARATION SCHEME, 2016 AND CONSEQUENTIAL AMENDMENT TO SECTION 153A AND 153C

The existing provisions of clause (c) of the section 197 of the Finance Act, 2016 provide that where any income has accrued, arisen or been received or any asset has been acquired out of such income prior to commencement of the Income Declaration Scheme, 2016 , and no declaration in respect of such income is made under the Scheme, then, such income shall be deemed to have accrued, arisen or received, in the year in which a notice of the Income-tax Act is issued by the Assessing Officer, and provisions of the said Act shall apply accordingly.

It is proposed to omit clause (c) of section 197 of the Finance Act, 2016. This amendment will take effect retrospectively from lst June, 2016.



44.RATIONALISATION OF DEDUCTION UNDER SECTION 80CCD FOR SELF-EMPLOYED INDIVIDUAL

It is proposed to amend section 80CCD so as to increase the upper limit of 10% of gross total income for amount deposited in National Pension System trusts (NPS) to 20% in case of individual other than employee.

This amendment will take effect from 1st April, 2018 and, will accordingly, apply in relation to assessment year 2018-19 and subsequent years.


45.RATIONALISATION OF REBATE ALLOWABLE UNDER SECTION 87A



In view of proposed rationalization of tax rates for individuals in the income slab of a Rs. 2,50,000 to Rs. 5,00,000, it is proposed to amend section 87A so as to reduce the maximum amount of rebate available under this section from existing Rs. 5000 to Rs. 2500. T is proposed to provide that this rebate shall be available to only resident individuals whose total income does not exceeds Rs. 3,50,000.

This amendment will take effect from 1st April, 2018 and, will accordingly, apply in relation to assessment year 2018-19 and subsequent years.



Hope you will find the same useful.


For any clarification or queries please feel free to contact.

Neeraj Choudhary  _ 9711155069

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