2020-02-01
MINISTRY OF FINANCE
(Department of Economic Affairs)
(BUDGET DIVISION)
NOTIFICATION
F. No. 2(2)-B(D)/2020.—The following is published for genered information.—
Budget 2020-2021
Speech of Nirmala Sitharaman Minister of Finance
Minister of Finance
February1, 2020
Hon’ble Speaker,
I rise to present theBudget for the year 2020-2021.
Introduction
In May 2019, Prime Minister Modi received a massive mandate to form the government again. With renewed vigour, under his leadership, we commit ourselves to serve the people of India, with all humility and dedication.
“It will be an India where the Centre and States will work harmoniously towards the common goal of shared prosperity. The unanimity of the Constitutional amendment and the consensus of the GST Council highlights that India can rise above narrow politics for the nation’s interest. With the GST, neither the state nor the Centre loses its sovereignty. In contrast, they will pool their sovereignty on decisions on indirect taxes.”
Themilestones achieved are unprecedented, globally recognised and benchmarked against international indices.
One: Aspirational India in which all sections of the society seek better standards of living, with access to health, education and better jobs.
Two:Economic development for all, indicated in the Prime Minister’s exhortation of “SabkaSaath,SabkaVikas, SabkaVishwas”. This would entail reforms across swathes of the economy. Simultaneously, it would mean yielding more space for the private sector. Together, they would ensure higher productivity and greater efficiency.
AND
Three: Ours shall be a Caring Society that is both humane and compassionate. Antyodaya is an article of faith.
Each one of these initiatives and their components would be bench-marked to international standards and the indices would be announced soon.
Before, I move to elaborate on each of the three themes, I wish to recite a small verse in Kashmiri:
SaunWatanGulzarShalamaarHyur
Dal ManzPholvunPamposhHyuv
Navjavan-an-hund, VushunKhumaarHyuv
MyonWatan, ChyonWatan
SaunWatan, NundbonyWatan
(Everything that we do, all of us do, is for this beautiful country)
Poem by PanditDinanathKoul
Aspirational India
Agriculture, Irrigation and Rural Development
22 (1). Prosperity to farmers can be ensured by making farming competitive. For this, farm markets need to be liberalised. Distortions in farm and livestock markets need to be removed. Purchase of farm produce, logistics and agri-services need copious investments. Substantial support and hand-holding of farm-based activities such as livestock, apiary, and fisheries need to be provided for. Farmers desire integrated solutions covering storage, financing, processing and marketing.
The following 16 action points indicate our focus:
23 (1). We propose to encourage those State governments who undertake implementation of following model laws already issued by the Central government:
23(2). Water stress related issues are now a serious concern across the country. Our government is proposing comprehensive measures for one hundred water stressed districts.
23(3). In the Budget speech of July 2019, I had stated that “annadata” can be “urjadata” too. The PM-KUSUM scheme removed farmers’ dependence on diesel and kerosene and linked pump sets to solar energy. Now, I propose to expand the scheme to provide 20 lakh farmers for setting up stand-alone solar pumps; further we shall also help another 15 lakh farmers solarise their grid-connected pump sets. In addition, a scheme to enable farmers to set up solar power generation capacity on their fallow/barren lands and to sell it to the grid would be operationalized.
23 (4). Our government shall encourage balanced use of all kinds of fertilizers including the traditional organic and other innovative fertilizers. This is a necessary step to change the prevailing incentive regime, which encourages excessive use of chemical fertilisers.
பூமி திருத்தி உண்
ஆத்திச்சூடி –82
BhumitiruthiUnn
Wise, Old Tamil Woman Saint poet Aauvaiyar – Sangam Era
"Aaathichoodi" verse 81
The meaning of this saying is that one must “first tend to till one's land and then eat”. One must eat only after work.
23 (5). India has an estimated capacity of 162 million MT of agri-warehousing, cold storage, reefer van facilities etc. NABARD will undertake an exercise to map and geo-tag them. In addition, we propose creating warehousing, in line withWarehouse Development and Regulatory Authority (WDRA) norms. Our government will provide Viability Gap Funding for setting up such efficient warehouses at the block/taluk level. This can be achieved, where States can facilitate with land and are on a PPP mode. Food Corporation of India (FCI) and Central Warehousing Corporation (CWC) shall undertake such warehouse building on their land too.
23 (6). As a backward linkage, a Village Storage scheme is proposed to be run by the SHGs. This will provide farmers a good holding capacity and reduce their logistics cost. Women, SHGs shall regain their position as “Dhaanya Lakshmi”.
23 (7).To build a seamless national cold supply chain for perishables, inclusive of milk, meat and fish, the Indian Railways will set up a “Kisan Rail” – through PPP arrangements.There shall be refrigerated coaches in Express and Freight trains as well.
23 (8).KrishiUdaan will be launched by the Ministry of Civil Aviation on international and national routes. This will immensely help improve value realisation especially in North-East and tribal districts.
23 (9). Horticulture sector with its current produce of 311million MT exceeds production of food grains. For better marketing and export, we propose supporting States which, adopting a cluster basis, will focus on “one product one district”.
23 (10). Integrated farming systems in rainfed areas shall be expanded. Multi-tier cropping, bee-keeping, solar pumps, solar energy production in non-cropping season will be added. Zero-BudgetNatural Farming (mentioned in July 2019 budget) shall also be included. The portal on “jaivikkheti” – online national organic products market will also be strengthened.
23 (11).Financing on Negotiable Warehousing Receipts (e-NWR) has crossed more than`6000crore. This will be integrated with e-NAM.
23 (12).Non-Banking Finance Companies (NBFCs)and cooperatives are active in the agriculture credit space. The NABARD re-finance scheme will be further expanded. Agriculture credit target for the year 2020-21 has been set at ` 15 lakh crore. All eligible beneficiaries of PM-KISAN will be covered under the KCC scheme.
23 (13). Our government intends to eliminate Foot and Mouth disease, brucellosis in cattle and also peste des petitsruminants(PPR) in sheep and goat by 2025. Coverage of artificial insemination shall be increased from the present 30% to 70%. MNREGS would be dovetailed to develop fodder farms. Further, we shall facilitate doubling of milk processing capacity from 53.5 million MT to 108 million MT by 2025.
23 (14). Blue Economy: Our government proposes to put in place a framework for development, management and conservation of marine fishery resources.
23 (15).Youth in coastal areas benefit through fish processing and marketing. By 2022-23, I propose raising fish production to 200 lakh tonnes. Growing of algae, sea-weed and cage Culture will also be promoted.
Our government will involve youth in fishery extension through 3477 SagarMitras and 500 Fish Farmer Producer Organisations. We hope to raise fishery exports to ` 1 lakh crore by 2024-25.
23 (16).Under DeenDayalAntyodayaYojana for alleviation of poverty, 58 lakh SHGs have been mobilised. We shall further expand on SHGs.
For the sector comprising of Agriculture and allied activities, Irrigation and Rural Development an allocation of about `2.83 lakh crore has been made for the year 2020-21 . Its divided, inter-alia;
Wellness, Water and Sanitation
Under Aspirational India, I shall now speak about Wellness, Water and Sanitation.
26 (1). It is proposed to set up Viability Gap funding window for setting up hospitals in the PPP mode. In the first phase, those Aspirational Districts will be covered, wherepresently there are no Ayushman empanelled hospitals. This would also provide large scale employment opportunities to youth. Proceeds from taxes on medical devices would be used to support this vital health infrastructure
26 (2). Using machine learning and AI, in the Ayushman Bharat scheme, health authorities and the medical fraternity can targetdisease with an appropriately designed Preventive regime.
I have provided for the health sector about `69,000 crores that is inclusive of ` 6400 crores for Prime Minister Jan ArogyaYojana (PMJAY)
Total allocation for Swachh Bharat Mission is about `12,300 crore in 2020-21.
During the year 2020-21the scheme would be provided budget of 11,500crore.
Education and Skills
The third and the final item under Aspirational India is Education and Skills.
38 (1). It is proposed to attach a medical college to an existing district hospital in PPP mode. Those states that fully allow the facilities of the hospital to the medical college and wish to provide land at a concession,would be able to receive Viability Gap Funding. Details of the scheme would be worked out.
38 (2). National Board of Examination imparts PG medical qualifications ; Diploma and fellow of National Board (DNB/FNB). The Government will, therefore encourage large hospitals with sufficient capacity to offer resident doctors DNB/FNB courses under the National Board of Examinations.
Our Government proposes to provide about ` 99,300 crore for education sector in 2020-21 and about ` 3,000 crores for skill development.
Economic Development
Industry, Commerce and Investment
The guilds of Saraswati-Sindhu civilization & the Harappan seals are remarkable. They belong to 3300 BCE.Words from the Indus Script-hieroglyphs have been deciphered. Commerce and trade related words show how India for a millennia is continuing as richinskills,metallurgy, trade etc. “Takara Kolimi=Tin smithery”, “ Sreni “= Guild,” Sethi”= wholesale merchant, “Poddar”= Assayer of metal into treasury.
I propose to set up an Investment Clearance Cell that will provide “end to end” facilitation and support, including pre-investment advisory, information related to land banks and facilitate clearances at Centre and State level. It will work through a portal.
42 (1). Electronics manufacturing industry is very competitive and India has shown its cost advantages. The potential of this industry in job creation is immense. India needs to boost domestic manufacturing and attract large investments in the electronics value chain. Here, I propose a scheme focussed on encouraging manufacture of mobile phones, electronic equipment and semi-conductor packaging. Details would be announced later.
42(2). With suitable modifications, this scheme can be adapted for manufacture of medical devices too
I propose to provide about `27,300crore for development and promotion of Industry and Commerce for the year 2020-21.
Under the theme “Economic Development”, the second focus is on Infrastructure.
Infrastructure
These new projects will include housing, safe drinking water, access to clean and affordable energy, healthcare for all, world-class educational institutes, modern railway stations, airports, bus terminals, metro and railway transportation, logistics and warehousing, irrigation projects, etc. The National Infrastructure Pipeline envisions improving the ease of living for each individual citizen in the country. It’s also will bring in generic and sectoral reforms in development, operation and maintenance of these infrastructure projects.
A huge employment opportunity exists for India’s youth in construction, operation and maintenance of infrastructure. National Skill Development Agency will give special thrust to infrastructure-focused skill development opportunities.
50 (1).I propose to set up a project preparation facility for infrastructure projects. This programme would actively involve young engineers, management graduates and economists from our Universities.
50 (2). It is also proposed to direct all infrastructure agencies of the government to involve youth-power in start-ups. They will help in rolling out value added services in quality public infrastructure for citizens.
Delhi-Mumbai Expressway and two other packages would be completed by 2023 . Chennai-Bengaluru Expressway would also be started.
This will call for optimisation of costs. Railways has small operating surplus. About Indian Railways, there are five measures, among others, that I wish to highlight:
This government would consider corporatizing at least one major port and subsequentlyits listing on the stock exchanges.
Developing waterways has its impact on the eco-system on both the banks of the river. Our Prime Minister hasconceptualised “Arth Ganga”. Plans are afoot to energise economic activity along river banks.
I propose to provide about ` 1.70 lakh crore for transport Infrastructure in 2020-21.
Further measure to reform DISCOMs would be taken.
I propose to provide about ` 22,000 crore to power and renewable energy sector in 2020-21
60 (1). Further, it is proposed to expand the national gas grid from the present 16200 km to 27000 km, and
60 (2). To deepen gas markets in India,further reforms will be undertaken to facilitate transparent price discovery and ease of transactions.
New Economy
61. The new economy is based on innovations that disrupt established business models. Artificial intelligence, Internet-of-Things (IoT), 3D printing, drones, DNA data storage, quantum computing, etc., are re-writing the world economic order. India has already embraced new paradigms such as the sharing economy with aggregator platforms displacing conventional businesses. Government has harnessed new technologies to enable direct benefit transfers and financial inclusion on a scale never imagined before.
62. It is now a cliché – “data is the new oil” and it is true that Analytics, Fintech and Internet of Things (IOT) are changing the way we deal with our lives. To take advantage of this, I propose:
62 (1). To bring out soon a policy to enable private sector to build Data Centre parks throughout the country. It will enable our firms to skilfully incorporate data in every step of their value chains.
62 (2). Our vision is that all “public institutions” at Gram Panchayat level such as Anganwadis, health and wellness centres, government schools, PDS outlets, post offices and police stations will be provided with digital connectivity. So, Fibre to the Home (FTTH) connections through Bharatnet will link 100,000 gram panchayats this year.
It is proposed to provide ` 6000 crore to Bharatnet programme in 2020-21.
63 (1). A digital platform would be promoted that would facilitate seamless application and capture of IPRs. Also, in an Institute of Excellence, a Centre would be established that would work on the complexity and innovation in the field of Intellectual Property.
63 (2). Knowledge Translation Clusters would be set up across different technology sectors including new and emerging areas.
63 (3). For designing, fabrication and validation of proof of concept, and further scaling up Technology Clusters, harbouring such test beds and small scale manufacturing facilities would be established.
63 (4). Mapping of India’s genetic landscape is critical for next generation medicine, agriculture and for bio-diversity management. To support this development, we will initiate two new national level Science Schemes, to create a comprehensive database.
63 (5). The government proposes to provide early life funding, including a seed fund to support ideation and development of early stage Start-ups.
It is proposed to provide an outlay of ` 8000 croreover a period five years for the National Mission on Quantum Technologies and Applications.
Caring Society
In our third theme we focus on Women &Child, Social Welfare; Culture and Tourism and also on Environment and Climate Change.
Women & Child, Social Welfare
I propose to provide `35600crore for nutrition-related programmes for the financial year 2020-21.
70 In furthering this government’s commitment towards the welfare of Scheduled Castes and Other Backward classes, I propose a budget provision of about`85,000crore for 2020-21.
71. In furthering development and welfare of Scheduled tribes, I provide in the Budget for the year 2020-21 an amount of about `53,700crore.
72. This government is mindful of the concerns of senior citizens and Divyang. Accordingly, an enhanced allocation of about `9,500 crore is being provided for 2020-21.
Culture & Tourism
73. Our government proposes to establish an Indian Institute of Heritage and Conservation under Ministry of Culture; it shall have the status of a deemed University to start with. Acquisition of knowledge in disciplines such as museology and archaeology are essential for collecting and analysing scientific evidence of such findings and for dissemination through high quality museums. Currently lack of trained man-power is a handicap for both these disciplines. This also affects tourism.
74. Five archaeological sites would be developed as iconic sites with on-site Museums. They are: Rakhigarhi (Haryana), Hastinapur (Uttar Pradesh) Shivsagar (Assam), Dholavira (Gujarat) and Adichanallur (Tamil Nadu).
75. Our Prime Minister in January 2020 announced re-curation of the Indian Museum in Kolkata, which is the oldest in the country.
75 (1). In the historic Old Mint building Kolkata, a museum on Numismatics andTrade will also be located. Four more museums from across the country shall be taken up for renovation and re-curation so that a world class experience can be offered to visitors. Our government shall alsosupportsetting up of a Tribal Museum in Ranchi (Jharkhand).
75 (2). A maritime museum would be set up at Lothal- the Harrapanage maritime site near Ahmedabad, by Ministry of Shipping.
I propose to provide ` 3,150crore for Ministry of Culture for
2020-21.
Growth of tourism directly relates to growth and employment. States have a critical role to play. I expect the State governments to develop a roadmap for certain identified destinations and formulate financial plans during 2021 against which specified grants will be made available to the States in 2020-21.
For purpose of tourism promotion, I propose to allocate ` 2,500 crore for 2020-21.
Environment & Climate Change
For such power plants, we propose that utilities running them would be advised to close them, if their emission is above the pre-set norms. The land so vacated can be put to alternative use.
நல்ல நாடு
பிணியின்மை, செல்வம் விளைவின்பம் ஏமம்
அணியென்ப நாட்டிவ் வைந்து.
(The meaning of this kural is that Freedom from illness, wealth, produce, happiness and protection (to subjects); these five, are the ornaments of a kingdom).
Governance
Financial Sector
A few among them will be encouraged to approach capital market to raise additional capital.
Further, the Deposit Insurance and Credit Guarantee Corporation (DICGC) has been permitted to increase Deposit Insurance Coverage for a depositor, which is now `one lakh to `five lakh per depositor.
Regulating role of PFRDAI requires strengthening. Necessary amendments would be carried out in Pension Fund Regulatory Development Authority of India Act that will also facilitate separation of NPS trust for government employees from PFRDAI. This would also enable establishment of a Pension Trust by the employees other than Government. I am confident that this will motivate citizens to plan for their old age.
98(1). I propose to make necessary amendments to the Factor Regulation Act 2011. This will enable NBFCs to extend invoice financing to the MSMEs through TReDS, thereby enhancing their economic and financial sustainability.
98(2). Working capital credit remains a major issue for the MSMEs. It is proposed to introduce a scheme to provide subordinate debt for entrepreneurs of MSMEs. This subordinate debt to be provided by banks would count as quasi-equity and would be fully guaranteed through the Credit Guarantee Trust for Medium and Small Entrepreneurs (CGTMSE). The corpus of the CGTMSE would accordingly be augmented by the government.
98(3). More than five lakh MSMEs have benefitted from restructuring of debt permitted by RBI in the last year. The restructuring window was to end on March 31, 2020. Government has asked RBI to consider extending this window till March 31, 2021.
98(4). An app-based invoice financing loans product will be launched. This will obviate the problem of delayed payments and consequential cash flows mismatches for the MSMEs.
Financial Markets
Hon’ble Speaker, Sir, I am pleased to inform this House of the developments:
100(1).Certain specified categories of Government securities would be opened fully for non-resident investors, apart from being available to domestic investors as well.
100(2).The limit for FPI in corporate bonds, currently at 9% of outstanding stock, will be increased to 15% of the outstanding stock of corporate bonds.
100(3).To improve investors’ confidence and to expand the scope of credit default swaps, we propose to formulate a legislation, to be placed soon before the House, for laying down a mechanism for netting of financial contracts.
This will give retail investors access to government securities as much as giving an attractive investment for pension funds and long-term investors.
Infrastructure Financing
104 (1).GIFT IFSC has an approved Free Trade zone for housing vaults. It already has 19 insurance entities, 40 banking entities. It has also provided for setting up of precious metals testing laboratories and refining facilities. With the approval of the regulator, GIFT City would set up an International Bullion exchange(s) in GIFT-IFSC as an additional option for trade by global market participants. This will enable India to enhance its position worldwide, create jobs in India and will lead to better price discovery of gold.
104 (2).In recent years there has been a surge in trading volumes of Indian rupee in the offshore financial centres. The Government and RBI has taken various measures to permit Rupee derivatives to be traded in the International Financial Services Centre at GIFT city, Gujarat.
Disinvestment
105.Listing of companies on stock exchanges discipline a company and provides access to financial markets and unlocks its value. It also gives opportunity for retail investors to participate in the wealth so created. The government now proposes to sell a part of its holding in LIC by way of Initial Public Offer (IPO).
Fiscal Management
However, for greater clarity, I have enumerated those central Government debt that are not part of market borrowing and are used to fund the expenditure at the annexes. Servicing of interest and repayment of these debts as hitherto, are done out of Consolidated fund of India.
We have estimated nominal growth of GDP for year 2020-21, on the basis of trends available, at 10%. Accordingly, receipts for the year 2020-21 are estimated at ` 22.46 lakh cr and, keeping in mind commitment of the Government towards various schemes and need for improvement in quality of life, level of expenditure has been kept at ` 30.42 lakh crore.
During the year Government has unfailingly worked towards keeping up the capital expenditure. Actually, there is substantial enhancement. All the flagship schemes of the government have been fully provided for. Details may be seen at the annexes to the printed copy of my speech.
We estimate a fiscal deficit of 3.8% in RE 2019-20 and 3.5% for BE 2020-21. This estimation is consistent with Government’s abiding commitment to macroeconomic stability. It comprises of,
Accordingly, the return path is being laid before the parliament as a part of Medium Term Fiscal Policy cumStrategy Statement. This fiscal path commits us to the path of fiscal consolidation without compromising the needs of investment out of public funds.
Accordingly, net market borrowings for the year 2019-20 would be
` 4.99 lakh crore and for the year 2020-21, it would be `5.36 lakhcrore.
I would, now, move to Part B of my speech.
PART B
Direct Tax
प्रजानामेवभूत्यर्थंसताभ्योबलिमग्रहीत्।
सहस्रगुणमुत्स्रष्टुमादत्तेहिरसंरविः॥
Surya, the Sun, collects vapour from little drops of water. So does the King.
They give back copiously. They collect only for people’s wellbeing.
[Verse 18, Sarga 1 Raghuvamsa by Kalidasa]
Taxable Income Slab (`) |
Existing Tax Rates |
New Tax Rates |
0-2.5 Lakh |
Exempt |
Exempt |
2.5-5 Lakh |
5% |
5% |
5-7.5 Lakh |
20% |
10% |
7.5-10 Lakh |
20% |
15% |
10-12.5 Lakh |
30% |
20% |
12.5-15 Lakh |
30% |
25% |
Above 15 Lakh |
30% |
30% |
Start-ups have emerged as engines of growth for our economy. Over the past year, our Government has taken several measures to hand-hold them and support their growth. During their formative years, Start-ups generally use Employee Stock Option Plan (ESOP) to attract and retain highly talented employees. ESOP is a significant component of compensation for these employees. Currently, ESOPs are taxable as perquisites at the time of exercise. This leads to cash-flow problem for the employees who do not sell the shares immediately and continue to hold the same for the long-term. In order to give a boost to the start-up ecosystem, I propose to ease the burden of taxation on the employees by deferring the tax payment by five years or till they leave the company or when they sell their shares, whichever is earliest.
Our government is committed to bringing in transformational changes so that maximum governance is provided with minimum government. In order to impart greater efficiency, transparency and accountability to the assessment process, a new faceless assessment scheme has already been introduced. Currently, most of the functions of the Income Tax Department starting from the filing of return, processing of returns, issuance of refunds and assessment are performed in the electronic mode without any human interface. In order to take the reforms initiated by the Department to the next level and to eliminate human interface, I propose to amend the Income Tax Act so as to enable Faceless appeal on the lines of Faceless assessment.
Indirect Tax
Annex to Part B of Budget Speech
Direct Tax Proposals:
1. Tax Incentives
1.1 Relief in personal income-tax and simplification of taxation: In order to provide relief and simplify the taxation regime, it is proposed to provide an option to individual and Hindu undivided family to be taxed at following lower rates if they do not avail specified exemption/deductions:
Total Income (Rs) |
Rate (%) |
Upto 2,50,000 |
Nil |
From 2,50,001 to 5,00,000 |
5 |
From 5,00,001 to 7,50,000 |
10 |
From 7,50,001 to 10,00,000 |
15 |
From 10,00,001 to 12,50,000 |
20 |
From 12,50,001 to 15,00,000 |
25 |
Above 15,00,000 |
30 |
Surcharge and cess shall be continued to be levied at the existing rates.
1.2 Relief and simplification for co-operative societies: In order to provide relief and simplify the taxation regime, it is proposed to provide an option to cooperative societies to be taxed at 22% plus 10% surcharge plus 4% cess, if they do not avail certain specified deduction/exemption. Further, it is also proposed to exempt these cooperative societies from Alternative Minimum Tax (AMT).
1.3 Tax concession for foreign investments: In order to promote investment of sovereign wealth fund, including the wholly owned subsidiary of Abu Dhabi Investment Authority (ADIA), it is proposed to grant tax exemption to interest, dividend and capital gains income of Sovereign Wealth Fund and wholly owned subsidiary of the ADIA subject to fulfilment of certain conditions, in respect of investment made in the infrastructure sector or other deserving notified sectors before 31st March, 2024 and with a minimum lock-in period of 3 years.
1.4 Removal of Dividend Distribution Tax: At present dividend is taxed in the hands of company distributing such dividend. This is found to be iniquitous. It is proposed to shift to classical system of taxing dividend in the hands of shareholders.
1.5 Incentives for IFSC, municipal bonds and offshore borrowing: The concessional rate of Tax Deductible at Source (TDS) at five per cent currently available under section 194LC and 194LD for borrowing from overseas is proposed to be extended for three years to 30th June 2023. Further, specified municipal bonds would also be eligible for such concession on overseas borrowing. It is also proposed to provide that the withholding tax rate shall be four per cent on fresh overseas borrowing on or after the 1st day of April, 2020 but before the 1st day of July, 2023 which is listed only on a recognised stock exchange located in any IFSC.
1.6 Incentives to Affordable Housing: Currently, an additional deduction up to one lakh fifty thousand rupees is allowed for interest paid on loans sanctioned up to 31st March, 2020 for purchase of an affordable house. In order to incentivise the purchase of affordable housing, it is proposed to extend the date of sanction of loan to 31st March, 2021. Hence, this deduction will also be available in respect of housing loans sanctioned by 31st March, 2021.
Further, in order to boost the supply of affordable houses in the country, a tax holiday is provided on the profits earned by developers of affordable housing project approved by 31st March, 2020. In order to promote the affordable housing projects, it is proposed to extend the date of approval of affordable housing projects for availing this tax holiday by one more year. Accordingly, developers of affordable housing projects approved by 31st March, 2021 can also avail of the tax holiday.
1.7 Concession to Real Estate sector: Currently, safe harbour of 5% is allowed for computation of income in respect of transaction of immovable property where the consideration is less than the circle rate. In order to boost housing sector, it is proposed to increase this safe harbour to 10%.
1.8 Incentives to start-up: In order to encourage the start-ups to employ highly talented employees at a relatively low salary by granting them Employee Stock Option Plan (ESOPs), it is proposed to defer the tax payment on these ESOPs granted by start-up to their employees by five years or till the employee leaves the company or when the said employee sells those shares, whichever is earliest.
Further, in order to extend benefit of tax holiday to larger start-ups, it is proposed to increase the turnover threshold for claiming tax holiday from existing Rs. 25 crore to Rs. 100 crores. Further, in order to address the concerns of start-ups which may not have adequate profit in initial years for availing this holiday, it is proposed to extend the period of eligibility for claim of 100% deduction from the existing 7 years to 10 years.
1.9 Allowing carry forward of losses or depreciation in certain amalgamations: It is proposed to provide that the amalgamated public sector banks and insurance companies shall be eligible to take the benefit of unabsorbed losses and depreciation of the amalgamating entities.
1.10 Widening the definition of “business trust”: In order to encourage unlisted Infrastructure Investment Trust (InvIT) or a Real Estate Investment Trust (REIT), it is proposed to extend the same taxation regime as available to listed InvITs and listed REIT to unlisted REIT and InvIT.
1.11 Exemption to Indian Strategic Petroleum Reserves Limited: It is proposed to provide exemption to Indian Strategic Petroleum Reserves Limited (ISPRL) in respect of income accruing or arising as a result of an arrangement for replenishment of crude oil stored in its storage facility in pursuance to directions of the Central Government in this behalf subject to the condition of replenishment of crude oil within three years.
1.12 Concessional tax rate for electricity generation companies: In order to attract investment in the power sector, it is proposed to extend the concessional corporate tax rate of 15% provided by the Taxation Laws (Amendment) Act, 2019 to new domestic companies that are engaged in the generation of electricity subject to the condition that they start generating electricity by 31st March, 2023.
2. Measures to provide tax certainty
2.1 Widening the scope of Safe Harbour Rules and Advance Pricing Agreement:
In order to provide tax certainty to taxpayers in the matter of attribution of profit to permanent establishment (PE), it is proposed to widen the scope of Advanced Pricing Agreement (APA) and Safe Harbour Regime (SHR), by providing that determination of attribution of profit to PE shall also be in the scope of SHR and APA.
2.2 Rationalisation of deduction to insurance companies: It is proposed to provide that expenses disallowed in the hands of insurance companies for late payment of statutory dues shall be allowed in the year of payment.
2.3 Reduction in rate of Tax Deduction at Source (TDS): In order to reduce litigation, it is proposed to reduce rate for TDS in case of fees for technical services (other than professional services) to two per cent from existing ten per cent in order to align the same with the rate of TDS on works contract.
2.4 Vivad se Vishwas Scheme: It is proposed to bring out a scheme for reducing the direct tax litigation. Taxpayers in whose case appeals are pending at any level can take the benefit from this scheme. Under the scheme, taxpayer would be required to pay only the amount of the disputed taxes and there will be complete waiver of interest and penalty provided they make payment by 31st March, 2020. For disputed penalty, interest and fee not connected with the disputed tax, the taxpayer would be required to pay only 25% of the same for settling the dispute. A tax payer shall be required to pay 110% of the disputed tax (the excess 10% shall be limited to the amount of related penalty and interest, if any) and 30% of penalty, interest and fee in case of payment after 31st March, 2020.
3. WIDENING AND DEEPENING OF TAX BASE
3.1 TDS on E-commerce transactions: In order to widen and deepen the tax net, it is proposed to provide that e-commerce operator shall deduct TDS on all payments or credits to e-commerce participants at the rate of 1% in PAN/Aadhaar cases and 5% in non-PAN/Aadhaar cases. In order to provide relief to small businessman, it is proposed to provide exemption to an individual and HUF who receives less than Rs. 5 lakh and furnishes PAN/Aadhaar.
3.2 Enlarging the scope of TDS on interest: It is proposed to extend the TDS on interest paid by certain large co-operative societies whose gross receipts exceeds fifty crore rupees during the last financial year.
3.3 Widening the scope of TCS: It is proposed to provide for tax collection at source (TCS) on remittance under Liberalised Remittance Scheme of Reserve Bank of India exceeding seven lakh rupees in a year and on sale of overseas tour package. Further, TCS is also proposed on sale of goods in excess of fifty lakh rupee in a year by a seller whose turnover is more than 10 crore rupees.
3.4 Limit on exemption of Employer‟s contribution to certain funds: It is proposed to put an upper cap of seven lakh and fifty thousand rupees in a year on tax exempt employer‟s contribution in recognized provident fund, superannuation fund and NPS in the accounts of an employee.
4. IMPROVING EFFECTIVENESS OF TAX ADMINISTRATION
4.1 Faceless appeal: In order to impart greater efficiency, transparency and accountability to the assessment process, a new faceless assessment scheme has already been introduced. In order to ensure that the reforms initiated by the Income Tax Department to eliminate human interface from the system reach the next level, it is proposed to provide enabling power for launching of Faceless appeal on the lines of Faceless assessment.
4.2 Widening the scope of Dispute Resolution Panel (DRP): It is proposed to widen the scope of references to DRP by including all non-residents as eligible assessee and to clarify that all variation which are prejudicial to the assessee shall be within the scope of DRP.
4.3 Taxpayer‟s Charter: With the objective of enhancing the efficiency of the delivery system of the Income Tax Department, it is proposed to provide that the CBDT shall adopt a Taxpayer‟s Charter and issue necessary direction for the implementation of the Charter.
4.4 Modification in the scope of faceless assessment: It is proposed to widen the scope of faceless assessment scheme to cover those cases in which assessment is being completed ex-parte.
5. EASE OF COMPLIANCE
5.1 Raising of limit for tax audit: In order to help small and medium enterprises, it is proposed to raise the turnover threshold for compulsory tax audit from existing Rs. 1 crore to Rs. 5 crore in a case where cash receipt is not more than 5% of total receipt and cash payment is not more than 5% of total payment. Further, in order to reduce the compliance cost, it is also proposed to provide that tax audit report to be filed a month before the due date of filing income- tax return. Accordingly, the said due date for filing of income-tax returns is proposed to be changed from 30th September to 31st October of the relevant assessment year so that there is no change in the date of finalisation of tax audit.
5.2 Exempting non-resident from filing of Income-tax return on certain conditions: In order to reduce compliance burden of non-residents, it is proposed to exempt them from filing income-tax return on their income of the nature of royalty or fee for technical services, if tax has been deducted at the rate given in section 115A.
6. RATIONALISATION OF PROVISIONS OF THE INCOME-TAX ACT, 1961
6.1 It is proposed to withdraw the exemption on certain perquisites and allowances provided to Chairman and members of Union Public Service Commission and to Chief Election Commissioner and Election Commissioners.
6.2 It is proposed to rationalise the definition of „taxable commodities transactions‟ for the purposes of levy of Commodity Transaction Tax.
6.3 It is proposed to enable the Central Government for notifying scheme for levying penalty in a faceless manner.
6.4 To increase transparency in survey operation, it is proposed to provide that if the survey is not based on information provided by prescribed authority, then approval of Commissioner or Principal Commissioner of Income-tax is required.
6.5 It is proposed to provide that Income Tax Appellate Tribunal can grant stay of demand only if the taxpayer has either paid twenty per cent of amount of demand or have provided security for an equal amount.
6.6 It is proposed to reduce the time of stay in India from 182 days to 120 days for an Indian citizen or person of Indian origin to become resident in India. Consequently, it is proposed to relax the provision of “resident but not ordinarily resident” so that a resident who has been non-resident in seven out of ten previous years would be resident but not ordinarily resident. It is also proposed to provide that an Indian citizen who is not liable to tax anywhere would be deemed to be resident in India.
6.7 It is proposed to amend the definition of “work” for the purpose of TDS under section 194C to provide that in a contract manufacturing, the raw material provided by the assessee or its associate shall fall within the purview of the „work‟ under section 194C.
6.8 To discourage taxpayers to manipulate their books of accounts by recording false entries including fake invoices to claim wrong input credit in GST, it is proposed to provide for penalty for these malpractices.
6.9 It is proposed to amend the provision allowing India to enter into Double Taxation Avoidance Agreements (DTAA) with other countries or territories or association, to align with the new preamble mandated by Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (commonly referred to as MLI), as India has already ratified MLI.
6.10 It is proposed to defer the enactment of Significant Economic Presence (SEP) to Financial Year 2021-22 as G-20 OECD report on digital economy is expected by that time. It is also proposed to provide for source rule for revenue from advertisement targeted to India customers and revenue from sale of Indian sourced data.
6.11 It is proposed to align exemption from the provision of indirect transfer to Foreign Portfolio Investors in line with new SEBI FPI regulations. It is also proposed to rationalise the definition of royalty.
6.12 It is proposed to rationalise the provisions of section 115BAA and section 115BAB to provide that any domestic company (both existing as well as new) opting for concessional tax regime will not be allowed to claim any deduction under Chapter VI-A of the Act except deductions specifically allowed under said sections.
6.13 The conditions for setting up of offshore fund are proposed to be rationalised so as to facilitate setting up of fund management activity in India.
6.14 It is proposed to clarify that in case of a capital asset, being land or building or both, the fair market value of such an asset on 1st day of April, 2001 shall not exceed the stamp duty value of such asset as on 1st day of April, 2001, where such stamp duty value is available.
6.15 It is proposed to rationalise the process of registration in the case of trusts, institutions, funds, university, hospital etc. and approval in the case of association, university, college, institution or company etc. It is also proposed to provide filing of statement of donation by donee so that the deduction claimed by the donor in its tax return can be pre-filled.
6.16 It is proposed to rationalise the provision regarding uploading of Form 26AS so as to include all the prescribed information.
6.17 It is proposed to rationalise the provisions relating to cost of acquisition and period of holding with respect to segregated portfolios to provide clarity to taxpayers holding such portfolios.
6.18 It is proposed to authorise Board to prescribe person who can verify the return of income in the cases of a company and a limited liability partnership. It is also proposed to authorise Board to prescribe person who can appear as an authorised representatives. This will help companies under Insolvency proceedings and in liquidation. It is also proposed to align the due date of Partner and Firm.
6.19 In order to facilitate opting for new concessional tax regime by the domestic companies, it is proposed to rationalise the provisions of section 35AD so as to provide an option for claiming deduction under section 35AD.
6.20 In order to rationalise the provisions of section 94B, it is proposed to exclude payment of interest to a branch of non-resident bank in India from interest deductibility rule under section 94B.
Annex to Part B of Budget Speech
Indirect Tax Proposals:
A. Legislative Changes in Customs:
1. Major Amendments in the Customs Act, 1962:
s. No. |
Amendment |
A |
For improving compliance |
1. |
A new Chapter VAA (a new section 28DA) is being incorporated in the Customs Act to provide enabling provision for administering the preferential tariff treatment regime under Trade Agreements. The proposed new section seeks to specifically provide for certain obligations on importer and prescribe for time bound verification from exporting country in case of doubt. Pending verification preferential tariff treatment shall be suspended and goods shall be cleared only on furnishing security equal to differential duty. In certain cases, the preferential tariff treatment may be denied without further verification. |
B |
For reducing litigation |
1. |
An explanation is being inserted in section 28 to explicitly clarify that any notice issued under the said section, prior to the enactment of the Finance Act, 2018, shall continue to be governed by the section 28 as it existed before the said enactment, notwithstanding order of any Appellate Tribunal, Court or any other law to the contrary. |
C |
Other enabling provisions |
1. |
Clause (f) of the section 11(2) empowers the Central Government, for prevention of injury to the economy of the country by the uncontrolled import or export of gold or silver, to prohibit their import or export. This clause is being amended to include "any other goods" (in addition to gold and silver) in its ambit. |
2. |
A new section (section 51B) is being incorporated to provide for creation of an Electronic Duty Credit Ledger in the customs system. This will enable duty credit in lieu of duty remission to be given in respect of exports or other such benefit in electronic form for its usage, transfer etc. In this regard, enabling provisions for issuance of suitable regulations are also being inserted in section 157(2) of the Customs Act, 1962. The provisions for recovery of duties provided under section 28AAA of Customs Act, 1962 are also being expanded to include such electronic credit of duties. |
2. Amendments to the Customs Tariff Act, 1975:
s. No. |
Amendment |
A |
Amendment in the Customs Tariff Act, 1975 |
1. |
Section 8B of the Customs Tariff Act, 1975, which provided for imposition of safeguard duty as a trade remedy against surge in imports of a commodity, is being amended to make provisions for application of other safeguard measures such as Tariff Rate Quota and other safeguard measure as the Central Government may deem necessary to protect the domestic industry from injury due to significant surge in imports. |
B |
Amendment in the First Schedule of the Customs Tariff Act, 1975 |
1. |
First Schedule to the Customs Tariff Act, 1975 is being amended to: (i) Create new tariff item 8414 51 50 for "Wall fans". The tariff rate for this item is 20% and BCD on wall fans is being increased from 7.5% to 20% (ii) Create new tariff item 8529 90 30 for "Open Cell of television set". The tariff rate for this item is 15%. However, these items will continue at 'Nil' BCD. (iii) Create tariff items 8541 40 11 for "Solar Cells, not assembled" and tariff item 8541 40 12 for "Solar Cells assembled in modules or made up into panels". The tariff rate for these items is 20%. However, these items will continue at 'Nil' BCD. |
3. Amendment in Countervailing Duty Rules and Anti-Dumping Duty Rules:
These rules provide for manner and procedure for investigation into cases of imports of subsidized goods and cases of dumping of goods, respectively, that cause injury to domestic industry. Following amendments are being made in these rules:
s. No |
Rules |
Amendment |
1 |
Anti-Dumping Rules |
Changes are being made in the Rules to strengthen the anti-circumvention measures by making them more comprehensive and wider in scope to take care of all types of circumventions of antidumping duty in line with best international practice. Certain other changes are being made in these Rules for bringing clarity in the scope of these rules. |
2 |
Countervailing Duty Rules |
At present, there is no provision for investigation in case of circumvention of countervailing duties. A provision is being incorporated in the Countervailing Duty Rules to enable investigation into case of circumvention of countervailing duty for enabling imposition of such duty. Certain other changes are being made for bringing clarity in the Rules. |
B. Review of Customs duty exemption for certain imported goods:
1. Customs exemption have been reviewed to weed out such entries that are redundant, outdated or have outlived their utility. On such review, 80 exemptions are being withdrawn by making suitable amendment/rescission of relevant notifications. The exemptions being pruned on review, inter-alia, include withdrawal of exemption/ concessional rates on the following goods, namely:
S. No.
|
Category of goods |
Specific items |
Agro and animal based products |
Tuna bait, skimmed milk and certain milk products, sugar beet seeds, raw sugar, certain alcoholic beverages, whey and isolated soya protein, soya fibre, etc. |
|
Items of Metal |
a. Lead bars, rods and wire b. Zinc tubes, pipes and tubes c. Tin plates, sheets and strips |
|
Machinery |
Machinery imported for use in certain projects such as specified electricity generation projects, specified Metro projects, certain other specified purposes; Specified goods required for construction of roads |
|
Electronic items |
Copper and articles thereof used in manufacturing of specified electronic items; Parts for manufacture of printers, CD Writers, MP3 or MP4 or MPEG 4 players, pre-recorded cassettes, audio cassettes, colour television tubes, etc. |
|
Miscellaneous |
a. Peanut butter, preserved potatoes b. Instant print film, exposed cinematographic films c. A few redundant and outdated customs duty exemptions are being withdrawn. Further, a few exemptions are being re-aligned for consistency. |
C. Changes in Customs duty for creating a level playing field for MSME and promoting MAKE IN INDIA:
1. Level playing field for domestic producers:
Customs duty is being increased on the following goods:
S. No.
|
Category of goods |
Specific items |
Rate of Duty |
|
From |
To |
|||
1. |
Household goods and appliances |
Tableware and kitchenware of porcelain or china, ceramic, clay, iron, steel, copper and aluminium, glassware, padlocks, brooms, hand-sieves, combs, vacuum flasks, etc. |
10% |
20% |
2. |
Electrical Appliances |
Fans, food grinders/mixers, shavers and hair removing appliances, water heaters, hair/hand drying apparatus, ovens, cookers, toasters, coffee/tea makers, insect repellents, heaters, irons, etc. |
10% |
20% |
3. |
Footwear |
a. Footwear b. Parts of footwear |
25% 15% |
35% 20% |
4. |
Furniture goods |
Seats, articles of bedding including mattresses, lamps, lighting, illuminated signs, and other articles of furniture |
20% |
25% |
5. |
Stationery items |
Filing cabinets, paper trays, binders, clips, staples, sign-plates, name plates, numbers and symbols etc. made from base metal |
10% |
20% |
6. |
Toys |
Tricycles, scooters, scale models, dolls, etc. |
20% |
60% |
7. |
Machinery |
a. Specified goods used in high voltage power transmission project |
5% |
7.5% |
b. Railway carriage fans |
7.5% |
10% |
||
c. Compressors of refrigerators and air conditioners |
10% |
12.5% |
||
d. Commercial freezers |
7.5% |
15% |
||
e. Welding and plasma cutting machine |
7.5% |
10% |
||
f. Rotary tillers/weeder |
2.5% |
7.5% |
||
8. |
Other miscellaneous items |
a. Glass beads b. Artificial flowers c. Bells, gongs, statuettes, trophies and like, statuettes, ornaments, photograph, frames, mirrors etc. of base metal. |
10% |
20% |
2. Changes in Customs duty to promote MAKE IN INDIA under Phased Manufacturing Programme (PMP) for Electric Vehicles and Cellular Mobile Phones:
a. |
Changes in customs duty under Phased Manufacturing Programme for Electric Vehicles |
Rate of Duty |
|
From |
To |
||
1. |
Completely Built Units of Bus and Trucks (with effect from 01.04.2020) |
25% |
40% |
2. |
Se mi Knocked Down (SKD) units of bus, trucks and two wheelers (with effect from 01.04.2020) |
15% |
25% |
3. |
Se mi Knocked Down (SKD) units of passenger vehicles and three wheelers (with effect from 01.04.2020) |
15% |
30% |
4. |
Completely Knocked Down (CKD) units of passenger vehicles, three wheelers, two wheelers, bus and trucks (with effect from 01.04.2020) |
10% |
15% |
b. |
Changes in customs duty under Phased Manufacturing Programme for Cellular Mobile Phones |
||
1. |
PCBA of Mobile phones (with effect from 01.04.2020) |
10% |
20% |
2. |
Vibrator/Ringer of Mobile phones (with effect from 01.04.2020) |
Nil |
10% |
3. |
Di splay Panel and Touch Assembly (with effect from 01.10.2020) |
Nil |
10% |
3. Changes in Customs duty to promote MAKE IN INDIA in Electronics sector:
S. No. |
Specific Items |
Rate of Duty |
|
From |
To |
||
1. |
M otors like Single Phase AC motors, Stepper motors, Wiper Motors etc. |
7.5% |
10% |
2. |
S pecified chargers and power adapters |
Applicable Rate |
20% |
3. |
Fingerprint readers for use in cellular mobile phones |
Nil |
15% |
4. |
Earphones and headphones |
Applicable Rate |
15% |
4. Reduction in Customs duty on raw materials and inputs imported by Domestic Manufacturers:
S. No. |
Category of Inputs/ Raw materials |
Specific Items |
Rate of duty |
|
From |
To |
|||
1. |
Fuels, Chemicals and Plastics |
Very low sulphur fuel oil meeting ISO 8217:2017 RMG380 Viscosity in 220-400 CST standards/Marine Fuel 0.5% (FO) |
10% |
Nil |
Calcined Petroleum Coke |
10% |
7.5% |
||
Calendared plastic sheets used in manufacturing of smart cards |
10% |
5% |
||
Polyester Liquid Crystal Polymers for use in manufacture of connectors |
7.5% |
Nil |
||
2. |
P recious Metals |
Platinum or Palladium used in manufacture of: a) Colloidal precious metals, inorganic or b) Catalyst with precious metal or precious metal compounds as the active substance |
12.5% |
7.5% |
Spent Catalyst or Ash containing precious metal, subject to specified conditions |
12.5% |
11.85 % |
||
3. |
M achinery and Electronic Goods |
Following parts of Microphone for use in manufacture of Microphone namely, a) microphone cartridge b) microphone holder c) microphone grill d) microphone body |
10% |
Nil |
Micro-fuse base, sub-miniature fuse base, Micro-fuse Cover and sub-miniature fuse cover for use in manufacture of micro fuse and sub-miniature fuse. |
7.5% |
Nil |
||
4. |
S ports Goods |
Willow is being included in the list of items allowed duty free import up to 3% of FOB value of sports goods exported in the preceding financial year |
Applicable Rate |
Nil |
5. |
Newsprint |
a) Newsprint, when imported by importer registered with Registrar of Newspapers, India. b) Uncoated paper used for printing newspaper, when imported by importer registered with Registrar of Newspapers, India. c) Lightweight coated paper used for printing magazines subject to actual user condition. |
10% |
5% |
5. Other changes in Customs duty:
S. No. |
Category of Goods |
Specific Items |
Rate of Duty |
|
From |
To |
|||
1. |
Food processing |
Walnuts, shelled |
30% |
100% |
2. |
Chemicals and Plastics |
Colloidal precious metals, inorganic or organic compounds of precious metal, amalgams of precious metals |
7.5% |
10% |
Butyl Acrylate |
5% |
7.5% |
||
Other prepared binders for foundry moulds or cores; Chemical products and preparations of the chemical or allied industries |
10% |
17.5% |
||
3. |
Auto and auto parts |
Catalytic converter |
10% |
15% |
Noble metal solutions and noble metal compounds used in manufacture of catalytic converter and its parts |
5% |
10% |
||
Platinum or Palladium used in manufacturing of catalytic converter and its parts |
5% |
Applicable Rate |
||
Parts and other specified inputs for manufacture of catalytic converters. |
5% |
7.5% |
||
Completely Built Units (CBUs) of commercial vehicles (other than electric vehicles) (with effect from 01.04.2020) |
30% |
40% |
D. Imposition of Health cess on specified medical equipment:
Health Cess at the rate of 5% is proposed to be imposed on the import of medical devices. This Health Cess shall be a duty of Customs. Health Cess shall not apply to medical devices which are exempt from BCD. Further, inputs/parts used in the manufacture of medical devices shall also be exempt from Health Cess. The proceeds of Health Cess shall be used for financing the health infrastructure and services.
E. Revocation of Anti-Dumping Duty on Purified Terephthalic Acid:
Revocation of Anti-dumping duty on import of Purified Terephthalic Acid originating in or exported from: -
1. South Korea and Thailand imposed vide notification No. 28/2019-Customs (ADD) dated 24.7.2019
2. China, Iran, Indonesia, Malaysia and Taiwan imposed vide notification No. 28/2016-Customs (ADD) dated 5.7.2016
F. Increase in National Calamity Contingent Duty (NCCD) on Cigarettes and tobacco products:
National Calamity Contingent Duty is levied as a duty of excise on certain manufactured goods specified under the Seventh Schedule of Finance Act, 2001. NCCD is being proposed to be increased on tobacco products (except bidi) as detailed below:
1. On cigarettes, NCCD is being increased ranging from Rs. 200 – 735 per thousand, depending upon length of cigarette and on filter/non-filter basis.
2. On smoking mixtures for pipes and cigarettes, NCCD is being increased from 45% to 60%.
3. On other forms of smoking tobacco (other than smoking mixtures for pipes and cigarettes) and forms of chewing tobacco, NCCD is being increased from 10% to 25%.
4. NCCD on Bidis remains unchanged.
G. Proposals involving change in provisions of Central Goods and Services Tax Act, 2017:
S. No. |
Amendments in the Central Goods and Services Tax Act, 2017 / Integrated Goods and Services Tax Act, 2017 / Union Territory Goods and Services Tax Act, 2017 |
A |
For facilitating trade or consumer |
1 |
Sub-section (4) of the section 16 of the CGST Act is being amended to delink the date of issuance of debit note from the date of issuance of the underlying invoice for purposes of availing input tax credit. |
2 |
Clause (c) of sub-section (1) of section 29 of the CGST Act is being amended to provide for cancellation of registration which has been obtained voluntarily under sub-section (3) of section 25. |
3 |
A proviso to sub-section (1) of section 30 of the CGST Act is being inserted to empower the jurisdictional tax authorities to extend the date for application of revocation of cancellation of registration in deserving cases. |
4 |
Section 51 of the CGST Act is being amended to remove the requirement of issuance of TDS certificate by the deductor; and to omit the corresponding provision of late fees for delay in issuance of TDS certificate. |
5 |
Section 168 of the CGST Act is being amended to make provisions for enabling the jurisdictional commissioner to exercise powers under sub-section (5) of section 66 and second proviso to subsection (1) of section 143. |
B |
For improving compliance |
1. |
Section 10 of the CGST Act is being amended, so as to exclude from the ambit of the Composition scheme certain categories of taxable persons, engaged in making-(i) supply of services not leviable to tax under the CGST Act, or (ii) inter-State outward supply of services, or (iii) outward supply of services through an e-Commerce operator. |
2. |
Section 122 of the CGST Act is being amended by inserting a new sub-section to make the beneficiary of the transactions of passing on or availing fraudulent Input Tax Credit liable for penalty similar to the penalty leviable on the person who commits such specified offences. |
3. |
Section 132 of the CGST Act is being amended to make the offence of fraudulent availment of input tax credit without an invoice or bill a cognizable and non-bailable offence; and to make any person who commits, or causes the commission and retains the benefit of transactions arising out of specified offences liable for punishment. |
C |
Other changes |
1. |
The definition of “Union territory” in clause (114) of section 2 of the CGST Act is being amended to update the definition of Union territory in view of the bringing into force of the Jammu and Kashmir Reorganization Act, 2019 and the Dadra and Nagar Haveli and Daman and Diu (Merger of Union Territories), Act, 2019. Consequential changes are also being made in UTGST Act, 2017. |
2. |
Section 31 of the CGST Act is being amended to provide enabling provision to prescribe the manner of issuance of invoices in case of supply of taxable services. |
3. |
Section 109 of the CGST Act is being amended to bring the provision for Appellate Tribunal under the CGST Act in the Union territory of Jammu and Kashmir and Ladakh. |
4. |
Section 140 of the CGST Act is being amended with effect from 01.07.17, to prescribe the manner and time limit for taking transitional credit. |
5. |
Section 172 of the CGST Act is being amended to make provision for enabling issuance of removal of difficulties order for another 2 years, i.e. till five years from the date of commencement of the said Act. Similar changes are also being made in the IGST Act, 2017 (section 25), the UTGST Act, 2017 (section 26) and the GST (Compensation to States) Act, 2017 (section 14). |
6. |
Entries at 4(a) & 4(b) in Schedule II of the CGST Act is being amended with effect from 01.07.2017 to make provision for omission of supplies relating to transfer of business assets made without any consideration from Schedule II of the said Act. |
The proposed changes in GST laws will come into effect from the date when the same will be notified, as far as possible, concurrently with the corresponding amendments to the similar Acts passed by the States & Union territories with legislature.
H. Retrospective amendments to give effect to the recommendations of the GST Council:
S. No. |
Retrospective amendment in the Goods and Service Tax rate and refund provisions |
1. |
Exemption from Central Tax, Union Territory Tax and Integrated Tax is being given on fishmeal [HS 2301], for the period 01.07.2017 to 30.09.2019. However, GST paid on supply of fishmeal during the period shall not be refunded |
2. |
Concessional 12% rate of Integrated Tax and 6% Central Tax and 6% Union Territory Tax during the period 01.07.2017 to 31.12.2018, on pulley, wheels and other parts (falling under heading 8483) and used as parts of agricultural machinery of headings 8432, 8433, and 8436. However, GST paid at any other rate (higher than 12%) shall not be refunded. |
3. |
The refund of accumulated credit of compensation cess on tobacco products arising out of inverted duty structure in Compensation Cess has been disallowed with effect from 1.10.2019 vide notification No. 3/2019- Compensation Cess (Rate) dated 30.9.2019. This notification is being given retrospective effect from 1.7.2017 onwards. Accordingly, no refund on account of inverted duty structure shall be admissible on tobacco products for any period. |
For further details of the budget proposals, the Explanatory Memorandum and other relevant budget documents may be referred to.