Union of India - Act
Finance (No. 2) Act, 2014
UNION OF INDIA
India
India
Finance (No. 2) Act, 2014
Act 25 of 2014
- Published on 6 August 2014
- Commenced on 6 August 2014
- [This is the version of this document from 6 August 2014.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter I
Preliminary
1. Short title and commencement.
Chapter II
Rates of Income-Tax
2. Income-tax.
Chapter III
Direct Taxes
Income-tax3. Amendment of section 2.
- In section 2 of the Income-tax Act,-(I)after clause (13), the following clause shall be inserted with effect from the 1st day of October, 2014, namely:-'(13A) "business trust" means a trust registered as an Infrastructure Investment Trust or a Real Estate Investment Trust, the units of which are required to be listed on a recognised stock exchange, in accordance with the regulations made under the Securities Exchange Board of India Act, 1992 (15 of 1992) and notified by the Central Government in this behalf;'(II)in clause (14), with effect from the 1st day of April, 2015,-(A)for the words in the opening portion ' "capital asset" means property of any kind held by an assessee, whether or not connected with his business or profession, but does not include-(i)any stock-in-trade', the following shall be substituted, namely:- "capital asset" means-(a)property of any kind held by an assessee, whether or not connected with his business or profession;(b)any securities held by a Foreign Institutional Investor which has invested in such securities in accordance with the regulations made under the Securities and Exchange Board of India Act, 1992, (15 of 1992)but does not include-(i)any stock-in-trade other than the securities referred to in sub-clause (b)';(B)the Explanation occurring at the end shall be numbered as "Explanation 1" thereof and after the Explanation 1 as so numbered, the following Explanation shall be inserted, namely:-'Explanation 2. - For the purposes of this clause-(a)the expression "Foreign Institutional Investor" shall have the meaning assigned to it in clause (a) of the Explanation to section 115AD;(b)the expression "securities" shall have the meaning assigned to it in clause (h) of section 2 of the Securities Contracts (Regulation) Act, 1956;(42 of 1956)';(III)for clause (15A), the following clause shall be substituted and shall be deemed to have been substituted with effect from the 1st day of June, 2013,-'(15A) "Chief Commissioner" means a person appointed to be a Chief Commissioner of Income-tax or a Principal Chief Commissioner of Income-tax under sub-section (1) of section 117;'(IV)for clause (16), the following clause shall be substituted and shall be deemed to have been substituted with effect from the 1st day of June, 2013,-'(16) "Commissioner" means a person appointed to be a Commissioner of Income-tax or a Director of Income-tax or a Principal Commissioner of Income-tax or a Principal Director of Income-tax under sub-section (1) of section 117;';(V)for clause (21), the following clause shall be substituted and shall be deemed to have been substituted with effect from the 1st day of June, 2013,-'(21) "Director General or Director" means a person appointed to be a Director General of Income-tax or a Principal Director General of Income-tax or, as the case may be, a Director of Income-tax or a Principal Director of Income-tax, under sub-section (1) of section 117, and includes a person appointed under that sub-section to be an Additional Director of Income-tax or a Joint Director of Income-tax or an Assistant Director or Deputy Director of Income-tax;';(VI)in clause (24), after sub-clause (xvi), the following sub-clause shall be inserted with effect from the 1st day of April, 2015, namely:-"(xvii) any sum of money referred to in clause (ix) of sub-section (2) of section 56;";(VII)after clause (34), the following clauses shall be inserted and shall be deemed to have been inserted with effect from the 1st day of June, 2013,-'(34A) "Principal Chief Commissioner of Income-tax" means a person appointed to be a Principal Chief Commissioner of Income-tax under sub-section (1) of section 117;4. Substitution of new authorities.
- In the Income-tax Act, save as otherwise expressly provided, and unless the context otherwise requires, the reference to any income-tax authority specified in column (1) of the Table below shall be substituted and shall be deemed to have been substituted with effect from the 1st day of June, 2013 by reference to the authority or authorities specified in the corresponding entry in column (2) of the said Table and such consequential changes as the rules of grammar may require shall be made:Table| SI. No. | (1) | (2) |
| 1. | Commissioner | Principal Commissioner or Commissioner |
| 2. | Director | Principal Director or Director |
| 3. | Chief Commissioner | Principal Chief Commissioner or ChiefCommissioner |
| 4. | Director General | Principal Director General or Director General. |
5. Amendment of section 10.
- In section 10 of the Income-tax Act, with effect from the 1st day of April, 2015,-(a)in clause (23C),-(i)after sub-clause (iiiac), the following Explanation shall be inserted, namely:-"Explanation. - For the purposes of sub-clauses (iiiab) and (iiiac), any university or other educational institution, hospital or other institution referred therein, shall be considered as being substantially financed by the Government for any previous year, if the Government grant to such university or other educational institution, hospital or other institution exceeds such percentage of the total receipts including any voluntary contributions, as may be prescribed, of such university or other educational institution, hospital or other institution, as the case may be, during the relevant previous year;"(ii)after the seventeenth proviso, the following proviso and the Explanation shall be inserted, namely:-"Provided also that where the fund or institution referred to in sub-clause (iv) or the trust or institution referred to in sub-clause (v) has been notified by the Central Government or approved by the prescribed authority, as the case may be, or any university or other educational institution referred to in sub-clause (vi) or any hospital or other medical institution referred to in sub-clause (via), has been approved by the prescribed authority, and the notification or the approval is in force for any previous year, then, nothing contained in any other provision of this section [other than clause (1) thereof] shall operate to exclude any income received on behalf of such fund or trust or institution or university or other educational institution or hospital or other medical institution, as the case may be, from the total income of the person in receipt thereof for that previous year.Explanation. - In this clause, where any income is required to be applied or accumulated, then, for such purpose the income shall be determined without any deduction or allowance by way of depreciation or otherwise in respect of any asset, acquisition of which has been claimed as an application of income under this clause in the same or any other previous year;"(b)after clause (23FB), the following clauses shall be inserted, namely:-'(23FC) any income of a business trust by way of interest received or receivable from a special purpose vehicle.Explanation. - For the purposes of this clause, the expression "special purpose vehicle" means an Indian company in which the business trust holds controlling interest and any specific percentage of shareholding or interest, as may be required by the regulations under which such trust is granted registration;6. Amendment of section 10AA.
- In section 10AA of the Income-tax Act, after sub-section (9) but before the Explanation 1, the following sub-section shall be inserted with effect from the 1st day of April, 2015, namely:-"(10) Where a deduction under this section is claimed and allowed in respect of profits of any of the specified business, referred to in clause (c) of sub-section (8) of section 35AD, for any assessment year, no deduction shall be allowed under the provisions of section 35AD in relation to such specified business for the same or any other assessment year.".7. Amendment of section 11.
- In section 11 of the Income-tax Act, after sub-section (5), the following sub-sections shall be inserted with effect from the 1st day of April, 2015, namely:-"(6) In this section where any income is required to be applied or accumulated or set apart for application, then, for such purposes the income shall be determined without any deduction or allowance by way of depreciation or otherwise in respect of any asset, acquisition of which has been claimed as an application of income under this section in the same or any other previous year.8. Amendment of section 12A.
- In section 12A of the Income-tax Act, in sub-section (2), the following provisos shall be inserted with effect from the 1st day of October, 2014, namely:-"Provided that where registration has been granted to the trust or institution under section 12AA, then, the provisions of sections 11 and 12 shall apply in respect of any income derived from property held under trust of any assessment year preceding the aforesaid assessment year, for which assessment proceedings are pending before the Assessing Officer as on the date of such registration and the objects and activities of such trust or institution remain the same for such preceding assessment year:Provided further that no action under section 147 shall be taken by the Assessing Officer in case of such trust or institution for any assessment year preceding the aforesaid assessment year only for non-registration of such trust or institution for the said assessment year:Provided also that provisions contained in the first and second proviso shall not apply in case of any trust or institution which was refused registration or the registration granted to it was cancelled at any time under section 12AA.".9. Amendment of section 12AA.
- In section 12AA of the Income-tax Act, after sub-section (3), the following subsection shall be inserted with effect from the 1st day of October, 2014, namely:-"(4) Without prejudice to the provisions of sub-section (3), where a trust or an institution has been granted registration under clause (b) of sub-section (1) or has obtained registration at any time under section 12A as it stood before its amendment by the Finance (No. 2) Act, 1996 (33 of 1996) and subsequently it is noticed that the activities of the trust or the institution are being carried out in a manner that the provisions of sections 11 and 12 do not apply to exclude either whole or any part of the income of such trust or institution due to operation of sub-section (1) of section 13, then, the Principal Commissioner or the Commissioner may by an order in writing cancel the registration of such trust or institution:Provided that the registration shall not be cancelled under this sub-section, if the trust or institution proves that there was a reasonable cause for the activities to be carried out in the said manner.".10. Amendment of section 24.
- In section 24 of the Income-tax Act, in clause (b), in the second proviso, for the words "one lakh fifty thousand rupees", the words "two lakh rupees" shall be substituted with effect from the 1st day of April, 2015.11. Amendment of section 32AC.
- In section 32AC of the Income-tax Act, with effect from the 1st day of April, 2015,-(i)after sub-section (1), the following sub-sections shall be inserted, namely:-"(1A) Where an assessee, being a company, engaged in the business of manufacture or production of any article or thing, acquires and installs new assets and the amount of actual cost of such new assets acquired and installed during any previous year exceeds twenty-five crore rupees, then, there shall be allowed a deduction of a sum equal to fifteen per cent. of the actual cost of such new assets for the assessment year relevant to that previous year:Provided that no deduction under this sub-section shall be allowed for the assessment year commencing on the 1st day of April, 2015 to the assessee, which is eligible to claim deduction under sub-section (1) for the said assessment year.12. Amendment of section 35AD.
- In section 35AD of the Income-tax Act, with effect from the 1st day of April, 2015,-(a)in sub-section (3), after the words "no deduction shall be allowed under the provisions of", the words, figures and letters "section 10AA and" shall be inserted;(b)in sub-section (5),-(i)in clause (ah), the word "and" occurring at the end, shall be omitted;(ii)after clause (ah), the following clauses shall be inserted, namely:-"(ai) on or after the 1st day of April, 2014, where the specified business is in the nature of laying and operating a slurry pipeline for the transportation of iron ore;(aj)on or after the 1st day of April, 2014, where the specified business is in the nature of setting up and operating a semi-conductor wafer fabrication manufacturing unit, and which is notified by the Board in accordance with such guidelines as may be prescribed; and";(c)after sub-section (7), the following sub-sections shall be inserted, namely:-'(7A) Any asset in respect of which a deduction is claimed and allowed under this section shall be used only for the specified business, for a period of eight years beginning with the previous year in which such asset is acquired or constructed.13. Amendment of section 37.
- In section 37 of the Income-tax Act, in sub-section (1), the Explanation shall be numbered as Explanation 1 thereof and after Explanation 1 as so numbered, the following Explanation shall be inserted with effect from the 1st day of April, 2015, namely:-"Explanation 2. - For the removal of doubts, it is hereby declared that for the purposes of sub-section (1), any expenditure incurred by an assessee on the activities relating to corporate social responsibility referred to in section 135 of the Companies Act, 2013 (18 of 2013) shall not be deemed to be an expenditure incurred by the assessee for the purposes of the business or profession.".14. Amendment of section 40.
- In section 40 of the Income-tax Act, in clause (a), with effect from the 1st day of April, 2015,-15. Amendment of section 43.
- In section 43 of the Income-tax Act, in clause (5), in the proviso, in clause (e), for the words "recognised association", the words and figures "recognised association, which is chargeable to commodities transaction tax under Chapter VII of the Finance Act, 2013" (17 of 2013) shall be substituted.16. Amendment of section 44AE.
- In section 44AE of the Income-tax Act, with effect from the 1st day of April, 2015,-17. Amendment of section 45.
- In section 45 of the Income-tax Act, in sub-section (5), after clause (b), the following proviso shall be inserted with effect from the 1st day of April, 2015, namely:-'Provided that any amount of compensation received in pursuance of an interim order of a court, Tribunal or other authority shall be deemed to be income chargeable under the head "Capital gains" of the previous year in which the final order of such court, Tribunal or other authority is made;'.18. Amendment of section 47.
- In section 47 of the Income-tax Act, with effect from the 1st day of April, 2015,-19. Amendment of section 48.
- In section 48 of the Income-tax Act, in the Explanation, in clause (v), for the words "Consumer Price Index for urban non-manual employees", the words and brackets "Consumer Price Index (Urban)" shall be substituted with effect from the 1st day of April, 2016.20. Amendment of section 49.
- In section 49 of the Income-tax Act, after sub-section (2AB), the following subsection shall be inserted with effect from the 1st day of April, 2015,-"(2AC) Where the capital asset, being a unit of a business trust, became the property of the assessee in consideration of a transfer as referred to in clause (xvii) of section 47, the cost of acquisition of the asset shall be deemed to be the cost of acquisition to him of the share referred to in the said clause.".21. Amendment of section 51.
- In section 51 of the Income-tax Act, the following proviso shall be inserted with effect from the 1st day of April, 2015, namely:-"Provided that where any sum of money, received as an advance or otherwise in the course of negotiations for transfer of a capital asset, has been included in the total income of the assessee for any previous year in accordance with the provisions of clause (ix) of sub-section (2) of section 56, then, such sum shall not be deducted from the cost for which the asset was acquired or the written down value or the fair market value, as the case may be, in computing the cost of acquisition.".22. Amendment of section 54.
- In section 54 of the Income-tax Act, in sub-section (1), for the words "constructed, a residential house", the words "constructed, one residential house in India" shall be substituted with effect from the 1st day of April, 2015.23. Amendment of section 54EC.
- In section 54EC, in sub-section (1), after the proviso, the following proviso shall be inserted with effect from the 1st day of April, 2015, namely:-"Provided further that the investment made by an assessee in the long-term specified asset, from capital gains arising from transfer of one or more original assets, during the financial year in which the original asset or assets are transferred and in the subsequent financial year does not exceed fifty lakh rupees.".24. Amendment of section 54F.
- In section 54F of the Income-tax Act, in sub-section (1), for the words "constructed, a residential house", the words "constructed, one residential house in India" shall be substituted with effect from the 1st day of April, 2015.25. Amendment of section 56.
- In section 56 of the Income-tax Act, in sub-section (2), after clause (viii), the following clause shall be inserted with effect from the 1st day of April, 2015, namely:-"(ix) any sum of money received as an advance or otherwise in the course of negotiations for transfer of a capital asset, if,-26. Amendment of section 73.
- In section 73 of the Income-tax Act, in the Explanation, for the words "the principal business of which is the business of banking", the words "the principal business of which is the business of trading in shares or banking" shall be substituted with effect from the 1st day of April, 2015.27. Amendment of section 80C.
- In section 80C of the Income-tax Act, in sub-section (1), for the words "one lakh rupees", the words "one hundred and fifty thousand rupees" shall be substituted with effect from the 1st day of April, 2015.28. Amendment of section 80CCD.
- In section 80CCD of the Income-tax Act, in sub-section (1), with effect from the 1st day of April, 2015,-29. Amendment of section 80CCE.
- In section 80CCE of the Income-tax Act, for the words "one lakh rupees", the words "one hundred and fifty thousand rupees" shall be substituted with effect from the 1st day of April, 2015.30. Amendment of section 80-IA.
- In section 80-IA of the Income-tax Act, in sub-section (4), in clause (iv), in subclauses (a), (b) and (c), for the words, figures and letters "the 31st day of March, 2014", the words, figures and letters "the 31st day of March, 2017" shall respectively be substituted with effect from the 1st day of April, 2015.31. Amendment of section 92B.
- In section 92B of the Income-tax Act, in sub-section (2), with effect from the 1st day of April, 2015,-32. Amendment of section 92C.
- In section 92C of the Income-tax Act, in sub-section (2), after the second proviso, but before the Explanation, the following proviso shall be inserted with effect from the 1st day of April, 2015, namely:-"Provided also that where more than one price is determined by the most appropriate method, the arm's length price in relation to an international transaction or specified domestic transaction undertaken on or after the 1st day of April, 2014, shall be computed in such manner as may be prescribed and accordingly the first and second proviso shall not apply.".33. Amendment of section 92CC.
- In section 92CC of the Income-tax Act, after sub-section (9), the following subsection shall be inserted with effect from the 1st day of October, 2014, namely:-"(9A) The agreement referred to in sub-section (1), may, subject to such conditions, procedure and manner as may be prescribed, provide for determining the arm's length price or specify the manner in which arm's length price shall be determined in relation to the international transaction entered into by the person during any period not exceeding four previous years preceding the first of the previous years referred to in sub-section (4), and the arm's length price of such international transaction shall be determined in accordance with the said agreement.".34. Amendment of section 111A.
- In section 111A of the Income-tax Act, in sub-section (1), with effect from the 1st day of April, 2015,-35. Amendment of section 112.
- In section 112 of the Income-tax Act, in sub-section (1), with effect from the 1st day of April, 2015,-36. Amendment of section 115A.
- In section 115A of the Income-tax Act, in sub-section (1), in clause (a), with effect from the 1st day of April, 2015,-37. Amendment of section 115BBC.
- In section 115BBC of the Income-tax Act, in sub-section (1), for clause (ii), the following clause shall be substituted with effect from the 1st day of April, 2015, namely:-"(ii) the amount of income-tax with which the assessee would have been chargeable had his total income been reduced by the aggregate of anonymous donations received in excess of the amount referred to in sub-clause (A) or sub-clause (B) of clause (i), as the case may be.".38. Amendment of section 115BBD.
- In section 115BBD of the Income-tax Act, in sub-section (1), the words, figures and letters "for the previous year relevant to the assessment year beginning on the 1st day of April, 2012 or beginning on the 1st day of April, 2013 or beginning on the 1st day of April, 2014" shall be omitted with effect from the 1st day of April, 2015.39. Amendment of section 115JC.
- In section 115JC of the Income-tax Act, in sub-section (2), with effect from the 1st day of April, 2015,-40. Amendment of section 115.
- In section 115JEEJEE of the Income-tax Act, with effect from the 1st day of April, 2015,-41. Amendment of section 115-O.
- In section 115-O of the Income-tax Act, after the Explanation to sub-section (1A), the following sub-section shall be inserted with effect from the 1st day of October, 2014, namely:-"(1B) For the purposes of determining the tax on distributed profits payable in accordance with this section, any amount by way of dividends referred to in subsection (1) as reduced by the amount referred to in sub-section (1A) [hereafter referred to as net distributed profits], shall be increased to such amount as would, after reduction of the tax on such increased amount at the rate specified in sub-section (1), be equal to the net distributed profits.".42. Amendment of section 115R.
- In section 115R of the Income-tax Act,-43. Amendment of section 115TA.
- In section 115TA of the Income-tax Act, sub-section (3) shall be omitted with effect from the 1st day of April, 2015.44. Insertion of new Chapter XII-FA.
- After Chapter XII-F of the Income-tax Act, the following Chapter shall be inserted with effect from the 1st day of April, 2015, namely:-"CHAPTER XII-FA Special Provisions Relating to Business Trusts115UA. Tax on income of unit holder and business trust. - (1) Notwithstanding anything contained in any other provisions of this Act, any income distributed by a business trust to its unit holders shall be deemed to be of the same nature and in the same proportion in the hands of the unit holder as it had been received by, or accrued to, the business trust.
45. Amendment of section 116.
- In section 116 of the Income-tax Act,-46. Amendment of section 119.
- In section 119 of the Income-tax Act, in sub-section (2), in clause (a), after the figures and letter "234C", the figures and letter "234E" shall be inserted with effect from the 1st day of October, 2014.47. Amendment of section 133A.
- In section 133A of the Income-tax Act, with effect from the 1st day of October, 2014,-48. Insertion of new section 133C.
- After section 133B of the Income-tax Act, the following shall be inserted with effect from the 1st day of October, 2014, namely:-'133C. Power to call for information by prescribed income-tax authority. - The prescribed income-tax authority may, for the purposes of verification of information in its possession relating to any person, issue a notice to such person requiring him, on or before a date to be specified therein, to furnish information or documents verified in the manner specified therein, which may be useful for, or relevant to, any inquiry or proceeding under this Act.Explanation. - In this section, the term "proceeding" shall have the meaning assigned to it in clause (b) of the Explanation to section 133A.'.49. Amendment of section 139.
- In section 139 of the Income-tax Act, with effect from the 1st day of April, 2015,-50. Amendment of section 140.
- In section 140 of the Income-tax Act, with effect from the 1st day of October, 2014,-51. Substitution of new section for section 142A.
- For section of the Income-tax Act, the following section shall be substituted with effect from the 1st day of October, 2014, namely:-'142A. Estimation of value of assets by Valuation Officer. - (1) The Assessing Officer may, for the purposes of assessment or reassessment, make a reference to a Valuation Officer to estimate the value, including fair market value, of any asset, property or investment and submit a copy of report to him.52. Amendment of section 145.
- In section 145 of the Income-tax Act, with effect from the 1st day of April, 2015,-53. Amendment of section 153.
- In section 153 of the Income-tax Act, in Explanation 1, after clause (iii), the following clause shall be inserted with effect from the 1st day of October, 2014, namely:-"(iv) the period commencing from the date on which the Assessing Officer makes a reference to the Valuation Officer under sub-section (1) of section 142A and ending with the date on which the report of the Valuation Officer is received by the Assessing Officer, or".54. Amendment of section 153B.
- In section 153B of the Income-tax Act, in the Explanation, after clause (ii), the following clause shall be inserted with effect from the 1st day of October, 2014, namely:-"(iia) the period commencing from the date on which the Assessing Officer makes a reference to the Valuation Officer under sub-section (1) of section 142A and ending with the date on which the report of the Valuation Officer is received by the Assessing Officer, or".55. Amendment of section 153C.
- In section 153C of the Income-tax Act, in sub-section (1), for the words, figures and letter "and that Assessing Officer shall proceed against each such other person and issue such other person notice and assess or reassess income of such other person in accordance with the provisions of section 153A", occurring at the end but before the first proviso, the words, figures, letters and brackets "and that Assessing Officer shall proceed against each such other person and issue notice and assess or reassess the income of the other person in accordance with the provisions of section 153A, if, that Assessing Officer is satisfied that the books of account or documents or assets seized or requisitioned have a bearing on the determination of the total income of such other person for the relevant assessment year or years referred to in sub-section (1) of section 153A" shall be substituted with effect from the 1st day of October, 2014.56. Amendment of section 194A.
- In section 194A of the Income-tax Act, in sub-section (3), after clause (x), the following clause shall be inserted with effect from the 1st day of October, 2014, namely:-"(xi) to any income by way of interest referred to in clause (23FC) of section 10.".57. Insertion of new section 194DA.
- After section 194D of the Income-tax Act, the following section shall be inserted with effect from the 1st day of October, 2014, namely:-"194DA. Payment in respect of life insurance policy. - Any person responsible for paying to a resident any sum under a life insurance policy, including the sum allocated by way of bonus on such policy, other than the amount not includible in the total income under clause (10D) of section 10, shall, at the time of payment thereof, deduct income-tax thereon at the rate of two per cent.:Provided that no deduction under this section shall be made where the amount of such payment or, as the case may be, the aggregate amount of such payments to the payee during the financial year is less than one hundred thousand rupees.".58. Insertion of new section 194LBA.
- After section 194LB of the Income-tax Act, the following section shall be inserted with effect from the 1st day of October, 2014, namely:-"194LBA. Certain income from units of a business trust. - (1) Where any distributed income referred to in section 115UA, being of the nature referred to in clause (23FC) of section 10, is payable by a business trust to its unit holder being a resident, the person responsible for making the payment shall at the time of credit of such payment to the account of the payee or at the time of payment thereof in cash or by the issue of a cheque or draft or by any other mode, whichever is earlier, deduct income-tax thereon at the rate of ten percent.59. Amendment of section 194LC.
- In section 194LC of the Income-tax Act, with effect from the 1st day of October, 2014,-60. Amendment of section 200.
- In section 200 of the Income-tax Act, in sub-section (3), the following proviso shall be inserted with effect from the 1st day of October, 2014, namely:-"Provided that the person may also deliver to the prescribed authority a correction statement for rectification of any mistake or to add, delete or update the information furnished in the statement delivered under this sub-section in such form and verified in such manner as may be specified by the authority.".61. Amendment of section 200A.
- In section 200A of the Income-tax Act, in sub-section (1), after the words "where a statement of tax deduction at source", the words "or a correction statement" shall be inserted with effect from the 1st day of October, 2014.62. Amendment of section 201.
- In section 201 of the Income-tax Act, for sub-section (3), the following sub-section shall be substituted with effect from the 1st day of October, 2014, namely:-"(3) No order shall be made under sub-section (1) deeming a person to be an assessee in default for failure to deduct the whole or any part of the tax from a person resident in India, at any time after the expiry of seven years from the end of the financial year in which payment is made or credit is given.".63. Amendment of section 206AA.
- In section 206AA of the Income-tax Act, in sub-section (7), the word "infrastructure" shall be omitted with effect from the 1st day of October, 2014.64. Amendment of section 220.
- In section 220 of the Income-tax Act, with effect from the 1st day of October, 2014,-65. Amendment of section 245A.
- In section 245A of the Income-tax Act, in clause (b), with effect from the 1st day of October, 2014,-66. Amendment of section 245N.
- In section 245N of the Income-tax Act, with effect from the 1st day of October, 2014,-67. Amendment of section 245-O.
- In section 245-O of the Income-tax Act, for sub-sections (2), (3), (4) and (5), the following sub-sections shall be substituted with effect from the 1st day of October, 2014, namely:-"(2) The Authority shall consist of a Chairman and such number of Vice-chairmen, revenue Members and law Members as the Central Government may, by notification, appoint.68. Amendment of section 269SS.
- In section 269SS of the Income-tax Act, in the opening portion, after the words "cheque or account payee bank draft", the words "or use of electronic clearing system through a bank account" shall be inserted with effect from the 1st day of April, 2015.69. Amendment of section 269T.
- In section 269T of the Income-tax Act, in the opening portion, after the words "cheque or account payee bank draft drawn in the name of the person who has made the loan or deposit", the words "or by use of electronic clearing system through a bank account" shall be inserted with effect from the 1st day of April, 2015.70. Amendment of section 271FA.
- In section 271FA of the Income-tax Act, with effect from the 1st day of April, 2015,-71. Insertion of new section 271FAA.
- After section 271FA of the Income-tax Act, the following section shall be inserted with effect from the 1st day of April, 2015, namely:-"271FAA. Penalty for furnishing inaccurate statement of financial transaction or reportable account. - If a person referred to in clause (k) of sub-section (1) of section 285BA, who is required to furnish a statement under that section, provides inaccurate information in the statement, and where-72. Amendment of section 271G.
- In section 271G of the Income-tax Act, after the words "the Assessing Officer", the words, figures and letters "or the Transfer Pricing Officer as referred to in section 92CA" shall be inserted with effect from the 1st day of October, 2014.73. Amendment of section 271H.
- In section 271H of the Income-tax Act, in sub-section (1), in the opening portion, for the words "a person shall be liable to pay", the words "the Assessing Officer may direct that a person shall pay by way of" shall be substituted with effect from the 1st day of October, 2014.74. Amendment of section 276D.
- In section 276D of the Income-tax Act, for the words "or with fine equal to a sum calculated at a rate which shall not be less than four rupees or more than ten rupees for every day during which the default continues, or with both", the words "and with fine" shall be substituted with effect from the 1st day of October, 2014.75. Amendment of section 281B.
- In section 281B of the Income-tax Act, in sub-section (2), with effect from the 1st day of October, 2014,-76. Substitution of new section for section 285BA.
- For section 285BA of the Income-tax Act, the following section shall be substituted with effect from the 1st day of April, 2015, namely:-'285BA. Obligation to furnish statement of financial transaction or reportable account. - (1) Any person, being-(a)an assessee; or(b)the prescribed person in the case of an office of Government; or(c)a local authority or other public body or association; or(d)the Registrar or Sub-Registrar appointed under section 6 of the Registration Act, 1908 ( 16 of 1908) or(e)the registering authority empowered to register motor vehicles under Chapter IV of the Motor Vehicles Act, 1988 (59 of 1988) or(f)the Post Master General as referred to in clause (j) of section 2 of the Indian Post Office Act, 1898 (6 of 1898) or(g)the Collector referred to in clause (g) of section 3 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013) or(h)the recognised stock exchange referred to in clause (f) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956) or(i)an officer of the Reserve Bank of India, constituted under section 3 of the Reserve Bank of India Act, 1934 (2 of 1934) or(j)a depository referred to in clause (e) of sub-section (1) of section 2 of the Depositories Act, 1996 (22 of 1996) or(k)a prescribed reporting financial institution,who is responsible for registering, or, maintaining books of account or other document containing a record of any specified financial transaction or any reportable account as may be prescribed, under any law for the time being in force, shall furnish a statement in respect of such specified financial transaction or such reportable account which is registered or recorded or maintained by him and information relating to which is relevant and required for the purposes of this Act, to the income-tax authority or such other authority or agency as may be prescribed.77. Amendment of Act 27 of 1957.
- In section 22A of the Wealth-tax Act, in clause (b), with effect from the 1st day of October, 2014,-Chapter IV
Indirect Taxes
Customs78. Substitution of new authorities.
- In the Customs Act, 1962 (52 of 1962) (hereinafter referred to as the Customs Act), or in any other law for the time being in force, the reference to any authority specified in column (1) of the Table below shall be substituted by reference to the authority or authorities specified in the corresponding entry in column (2) of the said Table and such consequential changes as the rules of grammar may require shall also be made:-| Sl. No. | (1) | (2) |
| 1. | Chief Commissioner of Customs | Principal Chief Commissioner of Customs orChief Commissioner of Customs |
| 2. | Commissioner of Customs | Principal Commissioner of Customs orCommissioner of Customs. |
79. Amendment of section 3.
- In the Customs Act, in section 3, for clauses (a), (b), (c), (cc), (d), (e) and (f), the following clauses shall be substituted, namely:-"(a) Principal Chief Commissioners of Customs;80. Amendment of section 15.
- In the Customs Act, in section 15, in sub-section (1), in the proviso, after the words "the aircraft", the words "or the vehicle" shall be inserted.81. Amendment of section 25.
- In the Customs Act, in section 25, after sub-section (6), the following sub-sections shall be inserted, namely:-"(7) The mineral oils (including petroleum and natural gas) extracted or produced in the continental shelf of India or exclusive economic zone of India as referred to in section 6 and section 7, respectively, of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976, (80 of 1976) and imported prior to the 7th day of February, 2002 shall be deemed to be and shall always be deemed to have been exempted from the whole of the duties of customs leviable on such mineral oils and accordingly, notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority, no suit or other proceedings in respect of such mineral oils shall be maintained or continued in any court, tribunal or other authority.82. Amendment of section 46.
- In the Customs Act, in section 46, in sub-section (3),-83. Amendment of section 127A.
- In the Customs Act, in section 127A, in clause (f), for the words "Customs and Central Excise Settlement Commission", the words "Customs, Central Excise and Service Tax Settlement Commission" shall be substituted.84. Amendment of section 127B.
- In the Customs Act, in section 127B, -85. Amendment of section 127L.
- In the Customs Act, in section 127L, in sub-section (1), in clause (i), the following Explanation shall be inserted, namely:-"Explanation. - In this clause, the concealment of particulars of duty liability relates to any such concealment made from the officer of customs.".86. Amendment of section 129A.
- In the Customs Act, in section 129A -87. Amendment of section 129B.
- In the Customs Act, in section 129B, in sub-section (2A), the first, second and third proviso shall be omitted.88. Amendment of section 129D.
- In the Customs Act, in section 129D, in sub-section (3), the following proviso shall be inserted, namely:-"Provided that the Board may, on sufficient cause being shown, extend the said period by another thirty days.".89. Substitution of new section for section 129E.
- In the Customs Act, for section 129E, the following section shall substituted, namely:-"129E. Deposit of certain percentage of duty demanded or penalty imposed before filing appeal. - The Tribunal or the Commissioner (Appeals), as the case may be, shall not entertain any appeal,-90. Substitution of new section for section 129EE.
- In the Customs Act, for section 129EE, the following section shall be substituted, namely:-"129EE. Interest on delayed refund of amount deposited under section 129E. - Where an amount deposited by the appellant under section 129E is required to be refunded consequent upon the order of the appellate authority, there shall be paid to the appellant interest at such rate, not below five per cent. and not exceeding thirty-six per cent per annum as is for the time being fixed by the Central Government, by notification in the Official Gazette, on such amount from the date of payment of the amount till, the date of refund of such amount:Provided that the amount deposited under section 129E, prior to the commencement of the Finance (No. 2) Act, 2014, shall continue to be governed by the provisions of section 129EE as it stood before the commencement of the said Act.".91. Amendment of section 131BA.
- In the Customs Act, in section 131BA, in sub-section (4), for the words "The Appellate Tribunal or court", the words and brackets "The Commissioner (Appeals) or the Appellate Tribunal or the court" shall be substituted.92. Amendment of notification issued under section 25 of Customs Act.
93. Amendment of section 8B.
- In the Customs Tariff Act, (1975 51 of 1975)(hereinafter referred to as the Customs Tariff Act), in section 8B, in sub-section (2A),-94. Amendment of First Schedule.
- In the Customs Tariff Act, the First Schedule shall be amended in the manner specified in the Third Schedule.Excise95. Substitution of new authorities.
- In the Central Excise Act, 1944 (1 of 1944)(hereinafter referred to as the Central Excise Act) or in Chapter V of the Finance Act, 1994 (32 of 1994) or in any other law for the time being in force, the reference to any authority specified in column (1) of the Table below shall be substituted by reference to the authority or authorities specified in the corresponding entry in column (2) of the said Table and such consequential changes as the rules of grammar may require shall also be made:-| Sl. No. | (1) | (2) |
| 1. | Chief Commissioner of Central Excise | Principal Chief Commissioner of Central Exciseor Chief Commissioner of Central Excise |
| 2. | Commissioner of Central Excise | Principal Commissioner of Central Excise orCommissioner of Central Excise. |
96. Amendment of section 2.
- In the Central Excise Act, in section 2, in clause (b), for the words "Chief Commissioner of Central Excise", the words "Principal Chief Commissioner of Central Excise, Chief Commissioner of Central Excise, Principal Commissioner of Central Excise" shall be substituted.97. Insertion of new sections 15A and 15B.
- In the Central Excise Act, after section 15, the following sections shall be inserted, namely:-"15A. Obligation to furnish information return. - (1) Any person, being-(a)an assessee; or(b)a local authority or other public body or association; or(c)any authority of the State Government responsible for the collection of value added tax or sales tax; or(d)an income tax authority appointed under the provisions of the Incometax Act, 1961;(43 of 1961) or(e)a banking company within the meaning of clause (a) of section 45A of the Reserve Bank of India Act, 1934; (2 of 1934) or(f)a State Electricity Board or an electricity distribution or transmission licensee under the Electricity Act, 2003, (36 of 2003) or any other entity entrusted, as the case may be, with such functions by the Central Government or the State Government; or(g)the Registrar or Sub-Registrar appointed under section 6 of the Registration Act, 1908; (16 of 1908) or(h)a Registrar within the meaning of the Companies Act, 2013; (18 of 2013) or(i)the registering authority empowered to register motor vehicles under Chapter IV of the Motor Vehicles Act, 1988; (59 of 1988) or(j)the Collector referred to in clause (c) of section 3 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013; (30 of 2013) or(k)the recognised stock exchange referred to in clause (f) of section 2 of the Securities Contracts (Regulation) Act, 1956; (42 of 1956) or(l)a depository referred to in clause (e) of sub-section (1) of section 2 of the Depositories Act, 1996; (22 of 1996) or(m)an officer of the Reserve Bank of India, constituted under section 3 of the Reserve Bank of India Act, 1934, (2 of 1934),who is responsible for maintaining record of registration or statement of accounts or any periodic return or document containing details of payment of tax and other details or transaction of goods or services or transactions related to a bank account or consumption of electricity or transaction of purchase, sale or exchange of goods or property or right or interest in a property, under any law for the time being in force, shall furnish an information return of the same in respect of such periods, within such time, form (including electronic form) and manner, to such authority or agency as may be prescribed.15B. Penalty for failure to furnish information return. - If a person who is required to furnish an information return under section 15A fails to do so within the period specified in the notice issued under sub-section (3) thereof, the prescribed authority may direct that such person shall pay, by way of penalty, a sum of one hundred rupees for each day of the period during which the failure to furnish such return continues.".
98. Amendment of section 31.
- In the Central Excise Act, in section 31, in clause (g), for the words "Customs and Central Excise Settlement Commission", the words "Customs, Central Excise and Service Tax Settlement Commission" shall be substituted.99. Amendment of section 32.
- In the Central Excise Act, in section 32, in sub-section (1), for the words "the Customs and Central Excise Settlement Commission", the words "the Customs, Central Excise and Service Tax Settlement Commission" shall be substituted.100. Amendment of section 32E.
- In the Central Excise Act, in section 32E, -101. Amendment of section 32-O.
- In the Central Excise Act, in section 32-O, in sub-section (1), in clause (i), the following Explanation shall be inserted, namely:-"Explanation. - In this clause, the concealment of particulars of duty liability relates to any such concealment made from the Central Excise Officer.".102. Amendment of section 35B.
- In the Central Excise Act, in section 35B, -103. Amendment of section 35C.
- In the Central Excise Act, in section 35C, in sub-section (2A), the first, second and third proviso shall be omitted.104. Amendment of section 35E.
- In the Central Excise Act, in section 35E, in sub-section (3), the following proviso shall be inserted, namely:-"Provided that the Board may, on sufficient cause being shown, extend the said period by another thirty days.".105. Substitution of new section for section 35F.
- In the Central Excise Act, for section 35F, the following section shall be substituted, namely:-'35F. Deposit of certain percentage of duty demanded or penalty imposed before filing appeal. - The Tribunal or the Commissioner (Appeals), as the case may be, shall not entertain any appeal-106. Substitution of new section for section 35FF.
- In the Central Excise Act, for section 35FF, the following section shall be substituted, namely:-"35FF. Interest on delayed refund of amount deposited under section 35F. - Where an amount deposited by the appellant under section 35F is required to be refunded consequent upon the order of the appellate authority, there shall be paid to the appellant interest at such rate, not below five per cent. and not exceeding thirty-six per cent. per annum as is for the time being fixed by the Central Government, by notification in the Official Gazette, on such amount from the date of payment of the amount till, the date of refund of such amount:Provided that the amount deposited under section 35F, prior to the commencement of the Finance (No. 2) Act, 2014, shall continue to be governed by the provisions of section 35FF as it stood before the commencement of the said Act.".107. Amendment of section 35L.
- In the Central Excise Act, section 35L shall be numbered as sub-section (1) thereof, and after sub-section (1) as so numbered, the following sub-section shall be inserted, namely:-"(2) For the purposes of this Chapter, the determination of any question having a relation to the rate of duty shall include the determination of taxability or excisability of goods for the purpose of assessment.".108. Amendment of section 35R.
- In the Central Excise Act, in section 35R, in sub-section (4), for the words "The Appellate Tribunal or court", the words "The Commissioner (Appeals) or the Appellate Tribunal or court" shall be substituted.109. Amendment of Pan Masala Packing Machines (Capacity Determination and Collection of Duty) Rules, 2008.
110. Amendment of notification number G.S.R. 95(E), dated 1st March, 2006 issued under section 5A of Central Excise Act.
111. Amendment of notification number G.S.R. 163(E), dated 17th March, 2012 issued under section 5A of Central Excise Act.
112. Amendment of Third Schedule.
- In the Central Excise Act, the Third Schedule shall be amended in the manner specified in the Seventh Schedule.Central Excise Tariff113. Amendment of First Schedule.
- In the Central Excise Tariff Act, 1985, the First Schedule shall be amended in the manner specified in the Eighth Schedule.Chapter V
Service Tax
114. Amendment of Act 32 of 1994.
- In the Finance Act, 1994, -Chapter VI
Miscellaneous
115. Amendment of Act 14 of 2001.
- In the Seventh Schedule to the Finance Act, 2001, the tariff item 2402 20 60 and the entries relating thereto shall be omitted.116. Amendment of section 13 of Act 58 of 2002.
- In the Unit Trust of India (Transfer of Undertaking and Repeal) Act, 2002, in section 13, in sub-section (1), for the words, figures and letters "the 31st day of March, 2014", the words, figures and letters "the 31st day of March, 2019" shall be substituted and shall be deemed to have been substituted with effect from the 1st day of April, 2014.117. Amendment of Finance (No. 2) Act, 2004.
- In the Finance (No. 2) Act, 2004, (23 of 2004) in Chapter VII, with effect from the 1st day of October, 2014,-118. Amendment of Act 18 of 2005.
- In the Finance Act, 2005, -119. Amendment of Act 14 of 2010.
- In the Finance Act, 2010, in section 83, in sub-section (3), for the portion beginning with the words ''for the purposes of'' and ending with the words ''for any other purpose relating thereto'', the following shall be substituted, namely:-"for the purposes of financing and promoting clean environment and energy initiatives, funding research in the area of clean environment or clean energy, or for any other purpose relating thereto.''.120. Repeal.
- The Finance Act, 2014 (11 of 2014) is hereby repealed and shall be deemed never to have been enacted.The First Schedule(See section 2)Part I – Income-Tax
Paragraph A| (1) | where the total income does not exceed Rs.2,00,000 | Nil; |
| (2) | where the total income exceeds Rs. 2,00,000 butdoes not exceed Rs. 5,00,000 | 10per cent. of the amount by which the total income exceeds Rs.2,00,000; |
| (3) | where the total income exceeds Rs. 5,00,000 butdoes not exceed Rs. 10,00,000 | Rs.30,000 plus 20 per cent. of the amount by which the total incomeexceeds Rs. 5,00,000; |
| (4) | where the total income exceeds Rs. 10,00,000 | Rs.1,30,000 plus 30 per cent. of the amount by which the total incomeexceeds Rs. 10,00,000. |
| (1) | where the total income does not exceed Rs.2,50,000 | Nil; |
| (2) | where the total income exceeds Rs. 2,50,000 butdoes not exceed Rs. 5,00,000 | 10 per cent. of the amount by which the total income exceeds Rs.2,50,000; |
| (3) | where the total income exceeds Rs. 5,00,000 butdoes not exceed Rs. 10,00,000 | Rs. 25,000 plus 20 per cent. of the amount by which the totalincome exceeds Rs. 5,00,000; |
| (4) | where the total income exceeds Rs. 10,00,000 | Rs. 1,25,000 plus 30 per cent. of the amount by which the totalincome exceeds Rs. 10,00,000. |
| (1) | where the total income does not exceed Rs.5,00,000 | Nil; |
| (2) | where the total income exceeds Rs. 5,00,000 butdoes not exceed Rs. 10,00,000 | 20 per cent. of the amount by which the total income exceeds Rs.5,00,000; |
| (3) | where the total income exceeds Rs. 10,00,000 | Rs. 1,00,000 plus 30 per cent. of the amount by which the totalincome exceeds Rs. 10,00,000. |
| (1) | where the total income does not exceed Rs.10,000 | 10 per cent. of the total income; |
| (2) | where the total income exceeds Rs.10,000 butdoes not exceed Rs. 20,000 | Rs.1,000 plus 20 per cent. of the amount by which the totalincome exceeds Rs.10,000; |
| (3) | where the total income exceeds Rs. 20,000 | Rs. 3,000 plus 30 per cent. of the amount by which the totalincome exceeds Rs. 20,000. |
| On the whole ofthe total income | 30 per cent. |
| On the whole ofthe total income | 30 per cent. |
| I. In thecase of a domestic company | 30 per cent. of the total income; |
| II. In thecase of a company other than a domestic company- | |
| (i) on somuch of the total income as consists of,- | |
| (a)royalties received from Government or an Indian concern inpursuance of an agreement made by it with the Government or theIndian concern after the 31st day of March, 1961 but before the1st day of April, 1976; or | |
| (b) fees forrendering technical services received from Government or anIndian concern in pursuance of an agreement made by it with theGovernment or the Indian concern after the 29th day of February,1964 but before the 1st day of April, 1976, | |
| and where such agreement has, in either case, been approved bythe Central Government | 50 per cent.; |
| (ii) on thebalance, if any, of the total income | 40 per cent. |
Part II – Rates For Deduction of Tax at Source in Certain Cases
In every case in which under the provisions of sections 193, 194, 194A, 194B, 194BB, 194D and 195 of the Income-tax Act, tax is to be deducted at the rates in force, deduction shall be made from the income subject to the deduction at the following rates:-| Rate ofincome-tax | |||
| 1. In the case of a person other than acompany- | |||
| (a) where the person is resident in India- | |||
| (i) on income by way of interest other than "Interest onsecurities" | 10 per cent.; | ||
| (ii) on income by way of winnings from lotteries, crosswordpuzzles, card games and other games of any sort | 30 per cent.; | ||
| (iii) on income by way of winnings from horse races | 30 per cent.; | ||
| (iv) on income by way of insurance commission | 10 per cent. | ||
| (v) on income by way of interest payable on- | 10 per cent. | ||
| (A) any debentures or securities for money issued by or onbehalf of any local authority or a corporation established by aCentral, State or Provincial Act; | |||
| (B) any debentures issued by a company where such debenturesare listed on a recognised stock exchange in accordance with theSecurities Contracts (Regulation) Act, 1956 (42 of 1956) and anyrules made thereunder; | |||
| (C) any security of the Central or State Government; | |||
| (vi) on anyother income | 10 per cent. | ||
| (b) where the person is not resident in India- | |||
| (i) in the case of a non-resident Indian- | |||
| (A) on any investment income | 20 per cent. | ||
| (B) on income by way of long-term capital gains referred to insection 115E or sub-clause (iii) of clause (c) of sub-section(1) of section 112 | 10 per cent. | ||
| (C) on income by way of short-term capital gains referred to insection 111A | 15 per cent. | ||
| (D) on other income by way of long-term capital gains not beinglong-term capital gains referred to in clauses (33), (36) and(38) of section 10 | 20 per cent. | ||
| (E) on income by way of interest payable by Government or anIndian concern on moneys borrowed or debt incurred by Governmentor the Indian concern in foreign currency (not being income byway of interest referred to in section 194LB or section 194LC) | 20 per cent. | ||
| (F) on income by way of royalty payable by Government or anIndian concern in pursuance of an agreement made by it with theGovernment or the Indian concern where such royalty is inconsideration for the transfer of all or any rights (includingthe granting of a licence) in respect of copyright in any bookon a subject referred to in the first proviso to sub-section(1A) of section 115A of the Income-tax Act, to the Indianconcern, or in respect of any computer software referred to inthe second proviso to sub-section (1A) of section 115A of theIncome-tax Act, to a person resident in India | 25 per cent. | ||
| (G) on income by way of royalty not being royalty of the naturereferred to in sub-item (b)(i)(F) payable by Government or anIndian concern in pursuance of an agreement made by it with theGovernment or the Indian concern and where such agreement iswith an Indian concern, the agreement is approved by the CentralGovernment or where it relates to a matter included in theindustrial policy, for the time being in force, of theGovernment of India, the agreement is in accordance with thatpolicy | 25 per cent. | ||
| (H) on income by way of fees for technical services payable byGovernment or an Indian concern in pursuance of an agreementmade by it with the Government or the Indian concern and wheresuch agreement is with an Indian concern, the agreement isapproved by the Central Government or where it relates to amatter included in the industrial policy, for the time being inforce, of the Government of India, the agreement is inaccordance with that policy | 25 per cent. | ||
| (I) on income by way of winnings from lotteries, crosswordpuzzles, card games and other games of any sort | 30 per cent. | ||
| (J) on income by way of winnings from horse races | 30 per cent. | ||
| (K) on the whole of the other income | 30 per cent. | ||
| (ii) in the case of any other person- | |||
| (A) on income by way of interest payable by Government or anIndian concern on moneys borrowed or debt incurred by Governmentor the Indian concern in foreign currency (not being income byway of interest referred to in section 194LB or section 194LC) | 20 per cent. | ||
| (B) on income by way of royalty payable by Government or anIndian concern in pursuance of an agreement made by it with theGovernment or the Indian concern where such royalty is inconsideration for the transfer of all or any rights (includingthe granting of a licence) in respect of copyright in any bookon a subject referred to in the first proviso to sub-section(1A) of section 115A of the Income-tax Act, to the Indianconcern, or in respect of any computer software referred to inthe second proviso to subsection (1A) of section 115A of theIncome-tax Act, to a person resident in India | 25 per cent. | ||
| (C) on income by way of royalty not being royalty of the naturereferred to in sub-item (b)(ii)(B) payable by Government or anIndian concern in pursuance of an agreement made by it with theGovernment or the Indian concern and where such agreement iswith an Indian concern, the agreement is approved by the CentralGovernment or where it relates to a matter included in theindustrial policy, for the time being in force, of theGovernment of India, the agreement is in accordance with thatpolicy | 25 per cent. | ||
| (D) on income by way of fees for technical services payable byGovernment or an Indian concern in pursuance of an agreementmade by it with the Government or the Indian concern and wheresuch agreement is with an Indian concern, the agreement isapproved by the Central Government or where it relates to amatter included in the industrial policy, for the time being inforce, of the Government of India, the agreement is inaccordance with that policy | 25 per cent. | ||
| (E) on income by way of winnings from lotteries, crosswordpuzzles, card games and other games of any sort | 30 per cent. | ||
| (F) on income by way of winnings from horse races | 30 per cent. | ||
| (G) on income by way of short-term capital gains referred to insection 111A | 15 per cent. | ||
| (H) on income by way of long-term capital gains referred to insub-clause (iii) of clause (c) of sub-section (1) of section 112 | 10 per cent. | ||
| (I) on income by way of other long-term capital gainsnot beinglong-term capital gains referred to in clauses (33), (36) and(38) of section 10 | 20 per cent. | ||
| (J) on the whole of the other income | 30 per cent. | ||
| 2. In the case of a company- | |||
| (a) where the company is a domestic company- | |||
| (i) on income by way of interest other than "Interest onsecurities" | 10 per cent. | ||
| (ii) on income by way of winnings from lotteries, crosswordpuzzles, card games and other games of any sort | 30 per cent. | ||
| (iii) on income by way of winnings from horse races | 30 per cent. | ||
| (iv) on any other income | 10 per cent. | ||
| (b) where the company is not a domesticcompany- | |||
| (i) on income by way of winnings from lotteries, crosswordpuzzles, card games and other games of any sort | 30 per cent. | ||
| (ii) on income by way of winnings from horse races | 30 per cent. | ||
| (iii) on income by way of interest payable by Government or anIndian concern on moneys borrowed or debt incurred by Governmentor the Indian concern in foreign currency (not being income byway of interest referred to in section 194LB or section194LC) | 20 per cent. | ||
| (iv) on income by way of royalty payable by Government or anIndian concern in pursuance of an agreement made by it with theGovernment or the Indian concern after the 31st day of March,1976 where such royalty is in consideration for the transfer ofall or any rights (including the granting of a licence) inrespect of copyright in any book on a subject referred to in thefirst proviso to sub-section (1A) of section 115A of theIncome-tax Act, to the Indian concern, or in respect of anycomputer software referred to in the second proviso tosub-section (1A) of section 115A of the Income-tax Act, to aperson resident in India | 25 per cent. | ||
| (v) on income by way of royalty not being royalty of the naturereferred to in sub-item (b)(iv) payable by Government or anIndian concern in pursuance of an agreement made by it with theGovernment or the Indian concern and where such agreement iswith an Indian concern, the agreement is approved by the CentralGovernment or where it relates to a matter included in theindustrial policy, for the time being in force, of theGovernment of India, the agreement is in accordance with thatpolicy- | |||
| (A) where the agreement is made after the 31st day of March,1961 but before the 1st day of April, 1976 | 50 per cent. | ||
| (B) where the agreement is made after the 31st day of March,1976 | 25 per cent. | ||
| (vi) on income by way of fees for technicalservices payable by Government or an Indian concern in pursuanceof an agreement made by it with the Government or the Indianconcern and where such agreement is with an Indian concern, theagreement is approved by the Central Government or where itrelates to a matter included in the industrial policy, for thetime being in force, of the Government of India, the agreementis in accordance with that policy- | |||
| (A) where the agreement is made after the 29th day of February,1964 but before the 1st day of April, 1976 | 50 per cent. | ||
| (B) where the agreement is made after the 31st day of March,1976 | 25 per cent. | ||
| (vii) on income by way of short-term capitalgains referred to in section 111A | 15 per cent. | ||
| (viii) on income by way of long-term capitalgains referred to in sub-clause (iii) of clause (c) ofsub-section (1) of section 112 | 10 per cent. | ||
| (ix) on income by way of other long-termcapital gains not being long-term capital gains referred to inclauses (33), (36) and (38) of section 10 | 20 per cent. | ||
| (x) on any other income | 40 per cent. |
Part III – Rates for Charging Income-Tax in Certain Cases, Deducting Income-Tax From Income Chargeable Under The Head "Salaries" and Computing "Advance Tax"
In cases in which income-tax has to be charged under sub-section (4) of section 172 of the Income-tax Act or sub-section (2) of section 174 or section 174A or section 175 or sub-section (2) of section 176 of the said Act or deducted from, or paid on, from income chargeable under the head "Salaries" under section 192 of the said Act or in which the "advance tax" payable under Chapter XVII-C of the said Act has to be computed at the rate or rates in force, such income-tax or, as the case may be, "advance tax" [not being "advance tax" in respect of any income chargeable to tax under Chapter XII or Chapter XII-A or income chargeable to tax under section 115JB or section 115JC or Chapter XII-FA or sub-section (1A) of section 161 or section 164 or section 164A or section 167B of the Income-tax Act at the rates as specified in that Chapter or section or surcharge, wherever applicable, on such "advance tax" in respect of any income chargeable to tax under section 115A or section 115AB or section 115AC or section 115ACA or section 115AD or section 115B or section 115BB or section 115BBA or section 115BBC or section 115BBD or section 115BBE or section 115E or section 115JB or section 115JC] shall be charged, deducted or computed at the following rate or rates:-Paragraph A| (1) | where the total income does not exceed Rs.2,50,000 | Nil; |
| (2) | where the total income exceeds Rs. 2,50,000 butdoes not exceed Rs. 5,00,000 | 10 per cent. of the amount by which the total income exceeds Rs.2,50,000; |
| (3) | where the total income exceeds Rs. 5,00,000 butdoes not exceed Rs. 10,00,000 | Rs. 25,000 plus 20 per cent. of the amount by which the totalincome exceeds Rs. 5,00,000; |
| (4) | where the total income exceeds Rs. 10,00,000 | Rs. 1,25,000 plus 30 per cent. of the amount by which the totalincome exceeds Rs. 10,00,000. |
| (1) where thetotal income does not exceed Rs. 3,00,000 | Nil; |
| (2) where the total income exceeds Rs. 3,00,000but does not exceed Rs. 5,00,000 | 10 per cent. of the amount by which the total income exceeds Rs.3,00,000; |
| (3) where the total income exceeds Rs. 5,00,000but does not exceed Rs. 10,00,000 | Rs. 20,000 plus 20 per cent. of the amount by which the totalincome exceeds Rs. 5,00,000; |
| (4) where the total income exceeds Rs. 10,00,000 | Rs. 1,20,000 plus 30 per cent. of the amount by which the totalincome exceeds Rs. 10,00,000. |
| (1) where thetotal income does not exceed Rs. 5,00,000 | Nil; |
| (2) where the total income exceeds Rs. 5,00,000but does not exceed Rs. 10,00,000 | 20 per cent. of the amount by which the total income exceeds Rs.5,00,000; |
| (3) where the total income exceeds Rs. 10,00,000 | Rs. 1,00,000 plus 30 per cent. of the amount by which the totalincome exceeds Rs. 10,00,000. |
| (1) where the total incomedoes not exceed Rs. 10,000 | 10 per cent.of the total income; |
| (2) where the total income exceeds Rs. 10,000 but does notexceed Rs. 20,000 | Rs. 1,000plus 20 per cent. of the amount by which the total income exceedsRs. 10,000; |
| (3) where the total income exceeds Rs. 20,000 | Rs. 3,000plus 30 per cent. of the amount by which the total income exceedsRs. 20,000. |
| On the whole ofthe total income | 30 per cent. |
| I. In the caseof a domestic company | 30 per cent. of the total income; |
| II. In the case of a company other than adomestic company- | |
| (i) on so much of the total income as consists of,- | |
| (a) royalties received from Government or an Indian concern inpursuance of an agreement made by it with the Government or theIndian concern after the 31st day of March, 1961 but before the1st day of April, 1976; or | |
| (b) fees for rendering technical services received fromGovernment or an Indian concern in pursuance of an agreement madeby it with the Government or the Indian concern after the 29thday of February, 1964 but before the 1st day of April, 1976, | |
| and where such agreement has, in either case,been approved by the Central Government | 50 per cent |
| (ii) on the balance, if any, of the total income | 40 per cent |
Part IV – [See section 2(13)(c)]
Rules for Computation of Net Agricultural IncomeRule 1. - Agricultural income of the nature referred to in sub-clause (a) of clause (1A) of section 2 of the Income-tax Act shall be computed as if it were income chargeable to income-tax under that Act under the head "Income from other sources" and the provisions of sections 57 to 59 of that Act shall, so far as may be, apply accordingly:Provided that sub-section (2) of section 58 shall apply subject to the modification that the reference to section 40A therein shall be construed as not including a reference to sub-sections (3) and (4) of section 40A.Rule 2. - Agricultural income of the nature referred to in sub-clause (b) or sub-clause (c) of clause (1A) of section 2 of the Income-tax Act [other than income derived from any building required as a dwelling-house by the receiver of the rent or revenue of the cultivator or the receiver of rent-in-kind referred to in the said subclause (c)] shall be computed as if it were income chargeable to income-tax under that Act under the head "Profits and gains of business or profession" and the provisions of sections 30, 31, 32, 36, 37, 38, 40, 40A [other than sub-sections (3) and (4) thereof], 41, 43, 43A, 43B and 43C of the Income-tax Act shall, so far as may be, apply accordingly.Rule 3. - Agricultural income of the nature referred to in sub-clause (c) of clause (1A) of section 2 of the Income-tax Act, being income derived from any building required as a dwelling-house by the receiver of the rent or revenue or the cultivator or the receiver of rent-in-kind referred to in the said sub-clause (c) shall be computed as if it were income chargeable to income-tax under that Act under the head "Income from house property" and the provisions of sections 23 to 27 of that Act shall, so far as may be, apply accordingly.Rule 4. - Notwithstanding anything contained in any other provisions of these rules, in a case-(a)where the assessee derives income from sale of tea grown and manufactured by him in India, such income shall be computed in accordance with rule 8 of the Income-tax Rules, 1962, and sixty per cent. of such income shall be regarded as the agricultural income of the assessee;(b)where the assessee derives income from sale of centrifuged latex or cenex or latex based crepes (such as pale latex crepe) or brown crepes (such as estate brown crepe, re-milled crepe, smoked blanket crepe or flat bark crepe) or technically specified block rubbers manufactured or processed by him from rubber plants grown by him in India, such income shall be computed in accordance with rule 7A of the Income-tax Rules, 1962, and sixty-five per cent. of such income shall be regarded as the agricultural income of the assessee;(c)where the assessee derives income from sale of coffee grown and manufactured by him in India, such income shall be computed in accordance with rule 7B of the Income-tax Rules, 1962, and sixty per cent. or seventy-five per cent., as the case may be, of such income shall be regarded as the agricultural income of the assessee.Rule 5. - Where the assessee is a member of an association of persons or a body of individuals (other than a Hindu undivided family, a company or a firm) which in the previous year has either no income chargeable to tax under the Income-tax Act or has total income not exceeding the maximum amount not chargeable to tax in the case of an association of persons or a body of individuals (other than a Hindu undivided family, a company or a firm) but has any agricultural income, then, the agricultural income or loss of the association or body shall be computed in accordance with these rules and the share of the assessee in the agricultural income or loss so computed shall be regarded as the agricultural income or loss of the assessee.Rule 6. - Where the result of the computation for the previous year in respect of any source of agricultural income is a loss, such loss shall be set off against the income of the assessee, if any, for that previous year from any other source of agricultural income:Provided that where the assessee is a member of an association of persons or a body of individuals and the share of the assessee in the agricultural income of the association or body, as the case may be, is a loss, such loss shall not be set off against any income of the assessee from any other source of agricultural income.Rule 7. - Any sum payable by the assessee on account of any tax levied by the State Government on the agricultural income shall be deducted in computing the agricultural income.Rule 8. - (1) Where the assessee has, in the previous year relevant to the assessment year commencing on the 1st day of April, 2014, any agricultural income and the net result of the computation of the agricultural income of the assessee for any one or more of the previous years relevant to the assessment years commencing on the 1st day of April, 2006 or the 1st day of April, 2007 or the 1st day of April, 2008 or the 1st day of April, 2009 or the 1st day of April, 2010 or the 1st day of April, 2011 or the 1st day of April, 2012 or the 1st day of April, 2013, is a loss, then, for the purposes of sub-section (2) of section 2 of this Act,-(i)the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of April, 2006, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day of April, 2007 or the 1st day of April, 2008 or the 1st day of April, 2009 or the 1st day of April, 2010 or the 1st day of April, 2011 or the 1st day of April, 2012 or the 1st day of April, 2013,(ii)the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of April, 2007, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day of April, 2008 or the 1st day of April, 2009 or the 1st day of April, 2010 or the 1st day of April, 2011 or the 1st day of April, 2012 or the 1st day of April, 2013,(iii)the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of April, 2008, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day of April, 2009 or the 1st day of April, 2010 or the 1st day of April, 2011 or the 1st day of April, 2012 or the 1st day of April, 2013,(iv)the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of April, 2009, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day of April, 2010 or the 1st day of April, 2011or the 1st day of April, 2012 or the 1st day of April, 2013,(v)the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of April, 2010, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day of April, 2011 or the 1st day of April, 2012 or the 1st day of April, 2013,(vi)the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of April, 2011, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day of April, 2012 or the 1st day of April, 2013,(vii)the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of April, 2012, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day of April, 2013,(viii)the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of April, 2013, shall be set off against the agricultural income of the assessee for the previous year relevant to the assessment year commencing on the 1st day of April, 2014.| Notification No.and date | Amendment | Period of effect of amendment | |||
| (1) | (2) | (3) | |||
| G.S.R.185(E), dated the 17th March, 2012[12/2012-Customs, dated the 17th March, 2012] | In the said notification, in the Table, for S. No. 141 and theentries relating thereto, the following S. No. and entries shallbe substituted and shall be deemed to have been substituted witheffect from the date specified in column (3), namely:- | From 8th February, 2013 to 10th July, 2014 (both days inclusive) | |||
| {| | |||||
| (1) | (2) | (3) | (4) | (5) | (6) |
| "141 | 2711 12 00,2711 13 00,2711 19 00 | Liquefied propane and butane mixture, liquefiedpropane, liquefied butane and liquefied petroleum gases (LPG)imported by the Indian Oil Corporation Limited, HindustanPetroleum Corporation Limited or Bharat Petroleum CorporationLimited for supply to household domestic consumers or tonon-domestic exempted category (NDEC) customers. | Nil | - | -"; |
| Provisions of the Pan Masala Packing Machines(Capacity Determination and Collection of Duty) Rules, 2008 to beamended | Amendment | Date of effect of amendment |
| (1) | (2) | (3) |
| Rule 8 of the Pan Masala Packing Machines(Capacity Determination and Collection of Duty) Rules, 2008,published vide notification number G.S.R.127 (E), dated the 1stJuly, 2008 30/2008-Central Excise (N.T.), dated the 1st July,2008 | In the Pan Masala Packing Machines (Capacity Determination andCollection of Duty) Rules, 2008, in rule 8, for the firstproviso, the following proviso shall be substituted with effectfrom the date specified in column (3), namely:-"Provided that where a manufacturer uses an operatingmachine to produce pouches of different retail sale prices duringa month, he shall be liable to pay the duty applicable to thepouch bearing the highest retail sale price for the wholemonth:". | 13th April, 2010. |
| Notification No.and date | Amendment | Period of effect of amendment | ||
| (1) | (2) | (3) | ||
| G.S.R. 95(E), dated the 1st March, 2006,5/2006-Central Excise, dated the 1st March, 2006 | (1) In the said notification, in the Table, after serial number2B and the entries relating thereto, the following serial numberand entries shall be inserted and shall be deemed to have beeninserted with effect from the date and up to the periodspecified in column (3), namely:- | 29th June, 2010 to 16th March, 2012 (both days inclusive) | ||
| {| | ||||
| (1) | (2) | (3) | (4) | (5) |
| "2C | 54 or 55 | (1) Polyester staple fibre or polyester filament yarnmanufactured from plastic scrap or plastic waste including wastepolyethylene terephthalate bottles | Nil | - |
| (2) Tow manufactured and captively consumed within the factoryof its production for the manufacture of goods specified inentry (1) | Nil | -"; |
| (2) In the said notification, in the Table,against Chapter 71 of Sl. No. 24, in columns (3), (4) and (5),the following entries shall be inserted and shall be deemed tohave been inserted with effect from the date and up to the periodspecified in column (3), namely:- | 1st March, 2011 to 16th March, 2012 (both days inclusive) | |
| {| | ||
| (3) | (4) | (5) |
| "(I) Articles of-(a) gold,(b) silver,(c) platinum,(d) palladium,(e) rhodium,(f) iridium,(g) osmium, or(h) ruthenium,not bearing a brand name | Nil | 8" ; |
| Notification No.and date | Amendment | Period of effect of amendment | ||
| (1) | (2) | (3) | ||
| G.S.R. 163(E), dated the 17th March, 2012,12/2012-Central Excise, dated the 17th March, 2012 | (1) In the said notification, in the Table, for serial number81 and the entries relating thereto, the following serial numberand entries shall be substituted and shall be deemed to havebeen substituted with effect from the date and up to the periodspecified in column (3), namely:- | From 8th February, 2013 to 10th July, 2014 (both daysinclusive) | ||
| {| | ||||
| (1) | (2) | (3) | (4) | (5) |
| "81 | 2711 12 00,2711 13 00,2711 19 00 | Liquefied Propane and Butane mixture, LiquefiedPropane, Liquefied Butane and Liquefied Petroleum Gases (LPG) forsupply to household domestic consumers or to Non-DomesticExempted Category (NDEC) customers by the Indian Oil CorporationLimited, Hindustan Petroleum Corporation Limited or BharatPetroleum Corporation Limited | Nil | -"; |
| (2) In the said notification, in the Table, forserial number 172A and the entries relating thereto, thefollowing serial number and entries shall be substituted andshall be deemed to have been substituted with effect from thedate and up to the period specified in column (3), namely:- | From 17th March, 2012 to 10th July, 2014 (both days inclusive) | |||
| {| | ||||
| (1) | (2) | (3) | (4) | (5) |
| "172A | 54 or 55 | (1) Polyester staple fibre or polyester filament yarnmanufactured from plastic scrap or plastic waste including wastepolyethylene terephthalate bottles | Nil | - |
| (2) Tow manufactured and captively consumed within the factoryof its production for the manufacture of goods specified inentry (1) | Nil | -"; |
| Sl. No. | Heading, sub-heading or tariff item | Description of goods |
| (1) | (2) | (3) |
| "30A. | 3002 20 or 3002 30 00 | Vaccines (other than those specified under theNational Immunisation Program)"; |
| (1) | (2) | (3) |
| "36A. | 3215 90 10 | Fountain pen ink |
| 36B. | 3215 90 20 | Ball pen ink |
| 36C. | 3215 90 40 | Drawing ink"; |
| (1) | (2) | (3) |
| "38A. | 3306 10 10 | Tooth powder"; |
| (1) | (2) | (3) |
| "53A. | 39 or 40 | Nipples for feeding bottles |
| 53B. | 4015 | Surgical rubber gloves or medical examination rubber gloves"; |
| (1) | (2) | (3) |
| "62A. | 7310 or 7326 or any other Chapter | Mathematical boxes, geometry boxes and colour boxes, pencilsharpeners"; |
| (1) | (2) | (3) |
| "65A. | 8215 | All goods"; |
| (1) | (2) | (3) |
| "69. | 8418 21 00, 8418 29 00, 8418 30 90, 8418 69 20 | All goods"; |
| (1) | (2) | (3) |
| "70A. | 8421 21 20, 8421 99 00 | Water filters functioning without electricity and replaceablekits thereof "; |
| (1) | (2) | (3) |
| "81C. | 8517 | Wireless data modem cards with PCMCIA or USB orPCI express ports"; |
| (1) | (2) | (3) |
| '84A. | 8523 80 20 | Packaged software or canned software. |
| Explanation. - For the purposes of this Schedule, "Packagedsoftware or canned software" means a software developed tomeet the needs of variety of users, and which is intended forsale or capable of being sold off the shelf.'; |
| (1) | (2) | (3) |
| "89. | 8517 or 8525 60 | Mobile handsets including Cellular Phones andRadio trunking terminals"; |
| (1) | (2) | (3) |
| "94A. | Chapter 84 or 85 | Goods capable of performing two or more functions of itemsspecified at S.Nos. 67 to 94"; |
| (1) | (2) | (3) |
| "99A. | 9619 All | goods". |
1. in Chapter 24,-
2. in Chapter 40, in tariff item 4015 90 20, for the entry in column (3), the entry "kg." shall be substituted;
3. in Chapter 41, for the entry in column (3) occurring against all the tariff items of heading 4102, the entry "kg." shall be substituted;
4. in Chapter 49, for the entry in column (3) occurring against all the tariff items of headings 4901, 4909 and 4910, the entry "u" shall be substituted;
5. in Chapter 73, for the entry in column (3) occurring against all the tariff items of headings 7308, 7323 and 7324, the entry "u" shall be substituted;
6. in Chapter 82, for the entry in column (3) occurring against all the tariff items of headings 8205 and 8208, the entry "u" shall be substituted;
7. in Chapter 83, for the entry in column (3) occurring against all the tariff items of heading 8301, the entry "u" shall be substituted;
8. in Chapter 84,-
9. in Chapter 85,-
10. in Chapter 90, in tariff items 9004 90 90, 9005 80 90, 9026 90 00, 9031 10 00, 9031 20 00, 9031 41 00, 9031 49 00 and 9031 90 00, for the entry in column (3) against each of them, the entry "u" shall be substituted;
11. in Chapter 91, in tariff items 9110 12 00, 9110 19 00, 9110 90 00 and 9113 10 00 for the entry in column (3) against each of them, the entry "u" shall be substituted.
The Ninth Schedule[See section 118 (b)]In the Seventh Schedule to the Finance Act, 2005,-| Tariff item | Description of goods | Unit | Rate of duty |
| (1) | (2) | (3) | (4) |
| "2202 10 | Waters, including mineral waters and aerated waters, containingadded sugar or other sweetening matter or flavoured: | l | 5%"; |