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7/29/2019 Budget Publication
http://slidepdf.com/reader/full/budget-publication 1/50
February 2013
www.deloitte.com/in
In depth. Incisive. Comprehensive.Budget analysis with Deloitte
7/29/2019 Budget Publication
http://slidepdf.com/reader/full/budget-publication 2/502
Contents
Foreword 1
State o the Economy 3
Budget Highlights 11
Budget Proposals-Direct Taxes 19
Budget Proposals-Indirect Taxes 32
Policy Proposals 43Glossary 46
7/29/2019 Budget Publication
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S t a t e o f t
h e E c o n o m y
B u d g e t H i g h l i g h t s
B u d g e t P r o p o s a l s - D i r e c t T a x e s
B u d g e t P r o p o s a l s - I n d i r e c t T a x e s
P o l i c
y P r o p o s a l s
G l o s s a r y
C o n t a c t s
Foreword
The Union Budget o 2013-14 held
special importance this year as it
was announced in the backdrop
o a challenging macroeconomic
environment where India had achieved
its lowest GDP growth in a decade.
Characterized with a depressed global
economic outlook and prevalence o
domestic policy bottlenecks, the year
started with news that the previous
scal’s ourth quarter GDP had dropped
to 5.5%. That coupled with low growth,
macro-economic issues such as high
scal decit, expansionary subsidies and
worsening current account balance has
added to the slowdown. Expectations
were thereore high as to the path the
Finance Minister will take in guiding the
Indian economy to recovery.
Though there were no high prole
announcements or big recovery plans
outlined, the Finance Minister did not
disappoint. He acknowledged the pain
points in the economy and recognized
that to boost industrial sector growth,
proactive actions would be needed.
Policy announcements on creating
additional industrial corridors and
promoting micro, small and medium
enterprises through SIDBI are welcome.
However, oten we have seen that such
policy announcements need strong
ground level implementation.
A key positive aspect o the Budget
was in respect to commitment shown
towards the scal consolidationplan. Despite the act that planned
expenditure has increased by almost
30% rom the last year, the Finance
Minister continued to target scal
decit o 4.8% in 2013-14. The Finance
minister also announced that scal
decit or 2012-13 has been limited to
5.2%. This is clearly due to the ocused
measures undertaken in the second hal
o the year in cutting expenditure. With
lower than estimated tax collections,
meeting scal decit targets was always
going to be dicult. The Finance
Minister needs to be lauded on this.
Coming to the direct tax policies, not
many amendments are suggested in
the budget. With regard to GAAR,
announcements made by the Finance
Minister in January 2013 have beenpartially incorporated in the legislation.
This is expected to provide some level
o assurance. On personal taxes, a
surcharge o 10% has been introduced
on individuals with taxable income in
excess o ` 1 crore or a period o one
year. An important amendment relates
to tax on royalty and ees or technical
services to non-residents which stands
increased rom 10% to 25%. Showing
his commitment to inrastructure, the
Finance Minister has extended the tax
holiday in the power sector by one year
or commencement o operations. As a
matter o comort, the Finance Minister
reiterated his commitment to the Direct
Taxes Code by mentioning that the Bill
will be tabled in parliament beore the
end o the budget session.
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On indirect taxes, the peak rate o
customs duty, excise duty and service
tax have remained unchanged though
reduction has been provided on basic
customs duty related to certain articles.
The scope o the negative list has been
proposed to be expanded to include
courses oered by institutes aliated
to the State Council or Vocational
Training and testing activities in relation
to agricultural produce. On the service
tax ront, exemptions related to certain
services have been curtailed.
28 February 2013
7/29/2019 Budget Publication
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S t a t e o f t
h e E c o n o m y
B u d g e t H i g h l i g h t s
B u d g e t P r o p o s a l s - D i r e c t T a x e s
B u d g e t P r o p o s a l s - I n d i r e c t T a x e s
P o l i c
y P r o p o s a l s
G l o s s a r y
C o n t a c t s
State of the Economy
S t a t e o f t h e E
c o n o m y
B u d g e t H i g h l i g h t s
B u d g e t P r o p o s a l s - D i r e c t T a x e s
B u d g e t
P r o p o s a l s - I n d i r e c t T a x e s
P o l i c y P r o p o s a l s
G l o s s a r y
C o n t a c t s
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State of the Economy
Economic conditions during the
year
The Indian Economy is currently going
through a challenging phase as GDP
growth slowed down to nearly a decade
low in 2012-13. Domestic as well as
external actors have played a part in
this downall. Other macroeconomic
issues such as high public expenditure,
depleting investment and saving levels,
worsening current account balance
as well as depreciation o the Rupee
have added to the present economic
pressures over-shadowing positive
aspects such as moderation in infation
and recovery o stock markets during
the year.
With gradual rise in oreign trade overthe years, the Indian economy now
looks more integrated with the global
economy and hence the uncertain and
weak economic climate across the
world is aecting the Indian economy
adversely even more than beore. World
growth projections have been slashed
by the International Monetary Fund
(IMF) during 2012-13 as downside
risks persist in the Euro area. Renewed
setbacks through considerable scal
strain in the ace o an austerity driven
recession has added to Eurozone woes.
A scal overbalance has also ensured
that the US with tight conditions has
not been able to drive global recovery
to the extent expected in 2012-13. As
subdued global economic conditions
temper the global growth appetite,
the policy o product and market
diversication as an export strategy
has not worked or India. The import
demand in emerging markets including
various Asian countries reduced along
with the advanced economies to
expand the trade imbalance, resulting
in the large current account decit that
India has seen.
Domestically, the year started with
negative sentiments or oreign investors
with the introduction o investment
denting proposals like retrospective
tax adjustments and General Anti-
Avoidance Rules (GAAR) in the Budget
2011-12. These measures aectedoreign investment fows in India both
through the institutional and direct
route. Given low investor condence
and weak economic sentiments, the
government proactively announced
structural reorms in the second hal o
2012-13.
While a host o measures were taken
to attract investors, ocused actions
were taken to reduce subsidies (oil and
ertilizers) with the intention o lowering
expenditure and in turn reducing the
scal decit. However, the success o
these policy reorms is expected to be
gradual. Consistent implementation
during the coming years as well as
7/29/2019 Budget Publication
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S t a t e o f t
h e E c o n o m y
B u d g e t H i g h l i g h t s
B u d g e t P r o p o s a l s - D i r e c t T a x e s
B u d g e t P r o p o s a l s - I n d i r e c t T a x e s
P o l i c
y P r o p o s a l s
G l o s s a r y
C o n t a c t s
additional reorms to address other
macroeconomic imbalances will dictate
the pace o recovery.
The current state o the economy
necessitates the introduction o a
robust plan o action or revival o
the economy. Even though the
long-term prospects o the economy
look promising, cautious optimism
is the tone in the short to medium-
term. In this light, we present in the
ollowing analysis o the current state
o the Indian economy and its uture
prospects.
GDP growth slides urther
Since the global nancial crisis o
2008-09, the Indian economy grewto a healthy 8.6% till 2010-11. Since
then, growth started declining. The
trend continued in 2012-13 with a
disappointing growth rate o 5.4% in
the rst hal, resulting in lowering o
expectations. The second quarter’s
growth at 5.3% is one o the lowest
quarterly growth rates seen in the
last decade and the annual growth o
5% will be the lowest since 2002-03.
This slowdown has been across all
the sectors – Agriculture, Industry
as well as Services, though Industry
and particularly the manuacturing
sub-sector has been the worst
perormer.
The GDP growth rates o the economy
or the previous three years are depicted
in Figure 1.
The agricultural sector, despite
accounting or less than 15% o GDP,
plays an important role in the economy
considering its more than 50% share
o employment. Ater an impressive
growth o 7.9% in 2010-11, agricultural
growth rate declined to 3.6% in
2011-12 and urther dipped to 1.8%
in 2012-13. The agriculture sector in
India is largely monsoon dependent.
This downall is primarily attributable to
the delayed and decient rainall. It is
worth noting that technological gains
in agriculture and armers’ response
to better inrastructure is expected to
positively aect perormance o this
sector in the coming years.
Figure1: Percentage GDP Growth Rates
-
1
2
3
4
5
67
8
9
10
Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2
2010-11 2011-12 2012-13
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A larger concern exists with respect
to the Services sector which has
moderated during 2012. The sector,
which showed resilience even at the
time o nancial crisis in 2008 -09, has
suered this year with quarterly growth
rates o just 6.9% and 7.2%, due to
slack external demand rom Europe and
the US.
Particularly, the sub category o
“trade, hotels, transport, storage
and communication” - an important
component in services - is expected to
perorm the worst with annual growth
at 5.2%, as compared to growth rates
o 7% and 12.3% in 2011-12 and
2010-11, respectively. Additionally,
growth across various categories o theService sector such as cargo handling,
civil aviation and railway reight have
moderated.
Figure 2 depicts the perormance o the
year-on-year growth in the IIP Index and
its components or the period rom April
to January 2012.
The latest Index o Industrial Production
(IIP) gures indicate that the industrial
sector has grown at a rate o 0.7%
during the period April ’12 to December
’12 compared with a growth rate o
3.7% in the corresponding period last
year, overall ar lower than the annual
growth o 6.8% in 2010-11.
Worrying gures o growth in the
mining and manuacturing sectors have
been the major actors behind the dip
in IIP growth. Regulatory hurdles and
lack o project clearances have aectedthese sectors resulting in growth
constraints. Particularly, the capital
goods industries decelerating at 10.3%
Figure 2: Growth in IIP and its Components
-8%
-6%
-4%
-2%
0%
2%
4%6%
8%
10%
12%
A p r ' 1
2
M a y ' 1 2
J u n ' 1 2
J u l ' 1
2
A u g ' 1
2
S e p ' 1
2
O c t ' 1
2
N o v ' 1
2
D e c ' 1 2
G r o w t h i n I I P a n d i t s c o m p o
n e n t s ( % )
Source: Economic Quick Estimates of IIP, CSO -February, 2013
Mining Manufacturing Electricity General
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S t a t e o f t
h e E c o n o m y
B u d g e t H i g h l i g h t s
B u d g e t P r o p o s a l s - D i r e c t T a x e s
B u d g e t P r o p o s a l s - I n d i r e c t T a x e s
P o l i c
y P r o p o s a l s
G l o s s a r y
C o n t a c t s
in the rst three quarters o 2012-13,
posed a challenge during the rst hal
o the year.
Though sluggish investment activity
and ragile global economic recovery
have barred the industrial growth this
year, systematic implementation o the
National Manuacturing Policy as well as
the rise in external demand is expected
to improve the perormance in the next
year.
On the demand side, growth in private
consumption moderated during
2012-13, primarily due to high infation.
Investments have also remained fat on
account o issues such as project cost
overruns and regulatory delays. Sectorssuch as road transport and highway,
power, petroleum, railways, coal,
etc. continue to suer due to lack o
policy clearances and more importantly
unds. Well-structured and continued
implementation o reorms may lighten
up the investment prospects in the near
uture.
Fiscal woes continue
Ater the initial budget target o
5.1% o GDP or the scal decit,
the Government revised its scal
consolidation roadmap in October
2012. As per the revised roadmap, the
scal decit o the central government
will be reduced in a calibrated way
rom the new target o 5.3% o GDP in
2012-13 to 3.0% o GDP by 2016-17(Figure 3). Similar to the previous year
when the budgeted scal decit o
4.8% actually ared at 5.7% o GDP,
the scal decit target or 2012-13
looks unlikely to be achieved. With
lower tax collections, inability to meet
divestment targets and burgeoning
expenditure outgo, the Indian
economy is acing considerable scal
strain. The Government may look at
taking necessary steps to widen the
tax base, cut excess expenditure and
have a xed divestment plan in place.
A number o these measures have
been implemented, which are already
showing results. For example, the
Government was able to achieve scal
surplus in the month o December 2012
by cutting down expenditure. However,
expenditure restraints need to continuewith particular ocus on containing
subsidies, i the scal consolidation plan
o 3% is to be achieved by 2017.
2.5
6.06.5
4.8
5.75.3
4.84.2
3.63.0
0.0
1.0
2.0
3.0
4.0
5.0
6.0
7.0
2 0 0 7
- 0 8
2 0 0 8
- 0 9
2 0 0 9
- 1 0
2 0 1 0
- 1 1
2 0 1 1
- 1 2
( P )2 0 1 2
- 1 3
( R E ) 2 0
1 3 - 1 4
( T )2 0 1 4
- 1 5
( T )2 0 1 5
- 1 6
( T )2 0 1 6
- 1 7
( T )
F i s c a l d e fi c i t a s a % o f G D P
Figure 3: Trends in Fiscal Deficit
Source: Economic Survey 2012-13
7/29/2019 Budget Publication
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Inationary pressures moderate
Infation has remained elevated post
the 2008 global nancial crisis on
account o easing monetary policy and
quantitative stimulus used as a rescue
package or boosting growth. For most
o 2010-11 and 2011-12, the Wholesale
Price Infation (WPI) remained around
9%. Though steps were taken by
the RBI through a repo rate increase,
infation reused to subside.
During late 2012-13, infation nally
moderated to reach 7.6% (Figure 4).
Currently, infation stands at a three
year low o monthly infation in January
2013 at 6.62%. Gradual moderation
o international commodity prices
including crude oil prices and easing o
geo-political tensions in the Middle East
helped in moderating domestic infation
during the year.
While the downward trend in wholesale
infation is a welcome sign, retail
infation remains elevated as it surged to
10.6% in December 2012.
During 2012-13, till now the RBI has
cut policy rates on two occasions, rstly
an aggressive 50 basis point cut in April
2012 and second in January 2013 by 25
basis points, bringing the Repo rate to
7.75%. The RBI has been airly
cautious in conducting its monetary
policy through 2012-13, despite
increasing pressures rom the industry
to cut the rates in order to motivate
slowing economic growth. However,
the RBI has reduced the cash reserve
ratio and the statutory liquidity ratio in
order to maintain adequate liquidity in
the economy. This monetary easing is
expected to improve the investment and
4.70
8.10
3.80
9.608.90
7.60
0.00
2.00
4.00
6.00
8.00
10.00
12.00
2007-08 2008-09 2009-10 2010-11 2011-12 2012-13
(Till Jan'13)
I n fl a t i o n ( % )
Figure 4: Wholesale Price Index
Source: Economic Survey of India 2012-13
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S t a t e o f t
h e E c o n o m y
B u d g e t H i g h l i g h t s
B u d g e t P r o p o s a l s - D i r e c t T a x e s
B u d g e t P r o p o s a l s - I n d i r e c t T a x e s
P o l i c
y P r o p o s a l s
G l o s s a r y
C o n t a c t s
growth prospects consequent to the
reduction in interest rates.
External sector perormance worsens
The external sector is characterized by
a more than proportionate decline in
exports as compared to imports leading
to increase in trade decit and increased
Current Account Decit (CAD). The
trade decit increased to US$ 189.8
billion (10.2% o GDP) in 2011-12 as
compared to US$ 127.3 billion (7.4%
o GDP) during 2010-11. A similar trend
continued during 2012-13 as the trade
decit urther worsened to 10.8% o
GDP in the rst hal as seen in Figure 5.
The major decline in exports growth is
an eect o the sluggish global demandand an uncertain macro-economic
environment. In its January 2013 update
o the World Economic Outlook, the
International Monetary Fund projected
the world trade volume to grow at 2.8%
in 2012 as compared to 5.9% in 2011
indicating the drop in global demand.
Even exports to emerging economies
have declined during 2012-13 showing
dismal economic conditions across the
globe. On the import side, the decline
in non-oil imports is largely o-set by
inelastic growth in petroleum, oil and
lubricants (POL) imports, contributing
almost 35% o total imports. Despite
Government announced export
promotion schemes like extension o
interest subvention, broadening scope
o Focus Market Scheme and Focus
Products Scheme, exports recovery will
primarily depend on the level o global
economic activity.
The Government has undertaken several
policies to achieve the goal o smooth
unctioning o the nancial markets.
SEBI gave eect to the Alternative
Investment Funds Regulations 2012,
in an eort to regulate the market
better, ensure stability and increase
market eciency. Another step was the
liberalization o the External Commercial
Borrowings (ECB) Policy during 2012-13
by enhancing the limit or renancing
rupee loans, allowing ECB or capital
expenditure in inrastructure sector
-7.4
-10.2 -10.8
4.66.0 6.2
-2.8-4.2 -4.6
3.7 3.64.8
-12-10-8-6-4-202468
2010-11 2011-12 Apr-Sep, 2011-12
P e r c e n t a g e
o f G D P
Figure 5: Trade Deficit, Net invisibles, CAD and Net
Capital Inflows (as % of GDP)
Trade Deficit Net InvisiblesCurrent Account Deficit Net Capital Inflows
Source: Economic Survey, 2012-2013
7/29/2019 Budget Publication
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and reducing the withholding tax rom
20% to 5% or a period o three years.
With eective measures taken by the
regulatory body, the economy did
witness an improved investment activity
in 2012-13.
Budget Announcement and
Conclusion
The Finance Minister presented the
Union Budget 2013-14 by suggesting
need or an inclusive and sustainable
growth. He clearly recognized that
current account and scal decits
along with infation, low investments
and growth have been problem areas.
Although he highlighted the widening
o CAD as a concern, he suggested that
the Commerce Ministry will proposeexport boosting policy announcements.
The Finance Minister did, on the other
hand, identiy the importance o oreign
investment infows to counter the
widening CAD and introduced certain
proposals to widen the scope or FIIs to
invest more in India through a simplied
investment process.
The Finance Minister also introduced
proposals to induce more investments
by encouraging Inrastructure Debt
Funds and providing incentives or the
manuacturing sector undertakings to
invest more in plant and machinery.
Also, a Cabinet Commission is proposed
to be established in order to address
and remove bottlenecks in case o large
stalled projects. Similarly, declining
domestic savings o households are
addressed with incentives encouraging
investments in nancial instruments like
Mutual Funds and housing loans.
Another positive aspect o the Budget
announcement was in respect o
the commitment shown to the scal
consolidation plan. Despite the act that
planned expenditure is increased by
almost 30% rom last year, the Finance
Minister continued to target scal
decit o 4.8% in 2013-14. The Finance
Minister also announced meeting o
the scal target or 2012-13, as the
estimated scal decit is limited to 5.2%or 2012-13.
The eorts o the Finance Minister
to initiate strong reorms are
laudable. Although the impact o
the recently announced measures
has largely remained unnoticed, the
announcements seem to have resulted
in liting investor sentiments. While
the Finance Minister has highlighted
opportunities in reviving growth, the
success o reorms will largely depend
on the implementation process and the
commitment shown by all stakeholders.
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S t a t e o f t
h e E c o n o m y
B u d g e t H i g h l i g h t s
B u d g e t P r o p o s a l s - D i r e c t T a x e s
B u d g e t P r o p o s a l s - I n d i r e c t T a x e s
P o l i c
y P r o p o s a l s
G l o s s a r y
C o n t a c t s
Budget Highlights
S t a t e o f t h e E
c o n o m y
B u d g e t H i g h l i g h t s
B u d g e t P r o p o s a l s - D i r e c t T a x e s
B u d g e t P r o p o s a l s - I n d i r e c t T a x e s
P o l i c y P r
o p o s a l s
G l o s s a r y
C o n t a c t s
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Personal taxation
No change proposed in the present slab
or tax rates which is currently as under:
Tax Rate Current Slabs, `
Nil Upto 200,000*
10% 200,001 – 500,000
20% 500,001 – 1,000,000
30% Above 1,000,000
* Basic exemption limit or senior citizens and
very senior citizens is ` 250,000 and ` 500,000
respectively
•Surchargeproposedattherateof
10% payable i income exceeds ` 100
lakhs
•Rebateupto ` 2,000 available to
resident individuals whose totalincome does not exceed ` 5 lakhs
•Impetustorst-timehomebuyers
– Additional deduction o ` 1 lakh
(over and above the existing ` 1.5
lakhs) on interest on housing loan
not exceeding ` 25 lakhs and value
o property not exceeding ` 40
lakhs
– Only or loans sanctioned during FY
2013-14
– Can be carried orward to next year
i not ully utilized
•RajeevGandhiEquitySavingsScheme
– Deduction presently available to
new retail investors or investmentin equity share extended to include
investment in equity oriented
mutual und
– Eligible limit o gross total income
o the investor or this purpose is
proposed to be enhanced rom
` 10 lakhs to ` 12 lakhs
– Deduction available or three
consecutive years
• Keyman Insurance Policy assigned to
the ‘Keyman’ beore its maturity will
not enjoy the exemption available
or a lie insurance policy and will
continue to be treated as a Keyman
Insurance Policy
Budget HighlightsDirect Taxes
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S t a t e o f t
h e E c o n o m y
B u d g e t H i g h l i g h t s
B u d g e t P r o p o s a l s - D i r e c t T a x e s
B u d g e t P r o p o s a l s - I n d i r e c t T a x e s
P o l i c
y P r o p o s a l s
G l o s s a r y
C o n t a c t s
Increase in surcharge or
corporates
Particulars Below ` 1 crore Above ` 1 crore upto
` 10 crores
Above ` 10 crores
Surcharge
rate
Eective
tax rate
Surcharge
rate
Eective
tax rate
Surcharge
rate
Eective
tax rate
Domestic Nil
(Nil)
30.90%
(30.90%)
5%
(5%)
32.45%
(32.45%)
10%
(5%)
33.99%
(32.45%)
Foreign Nil
(Nil)
41.20%
(41.20%)
2%
(2%)
42.02%
(42.02%)
5%
(2%)
43.26%
(42.02%)
Note:
•Figuresinbracketreferstothecurrentrates
•Educationcessof3%hasbeenconsideredfor
determining the eective tax rates
Surcharge at 10% to be payable on
additional taxes levied on distribution oprots by domestic companies / mutual
unds / securitization trusts and on
buybacks.
Policy proposals
Direct tax code
•DTCnotanamendedversionof
existing tax laws but a new code
based on best international practices
•MinistryofFinancetoconsiderStanding Committee recommenda-
tions and place the revised DTC Bill
beore the Parliament
Circular on Development Centres
• Circularcoveringtaxmattersof
Development Centres based on based
on Rangachary Committee recom-
mendations to be issued shortly
Sae Harbour
• RulesonSafeHarbourtobeissued
ater examining the Rangachary
Committee recommendations
Tax incentives and relies
Incentive or investment in specifed
plant or machinery
• ApplicabletoaCompanyengaged
in the manuacture o article or thingand which invests more than ` 100
crores in specied plant or machinery
• Investmenttobedonebetween
1 April 2013 to 31 March 2015
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• Deductionof15%onactualcost
o plant or machinery acquired and
installed
• Assetstobeheldforaperiodof5
years, ailing which deduction availed
shall be treated as income
Extension o sunset clause or power
sector
• Sunsetdateforthepowersectorto
commence eligible activity extended
rom 31 March 2013 to
31 March 2014
Deduction or employment o new
workmen
• Presently,deductionavailablefor
additional wages paid to new regular
workmen employed in manuac-turing or production activities
• Amendmentproposedtorestrict
the deduction only in respect o
workmen employed in manuac-
turing activities carried out in a
actory
Concessional rate o withholding tax
on interest
Interest income or a non-resident rom
the rupee denominated long-term inra-
structure bonds o an Indian company is
eligible or lower rate o withholding tax
@ 5% - Applicable rom 1 June 2013
Buyback o shares
• Additionaltaxof20%ondistributed
income in the course o buyback
o shares by unlisted companies,
payable by such company
• Distributedincomeistheconsider-
ation or buyback less issue price o
the shares
• Buybackconsiderationexemptinthe
hands o the shareholder
Rate o tax on royalty and ees
or technical services payable to a
non-resident
• Rateofwithholdingonroyaltyand
ees or technical services payable to
a non-resident increased rom 10%
to 25%
• Lowerrateaspertaxtreatycanbe
availed, subject to tax residency
certicate
Dividends rom specifed oreigncompany
• Benecialtaxrateof15%on
dividend income rom specied
oreign company extended by 1 year
till 31 March 2014
• Dividenddistributiontaxnot
payable on dividends payable out o
dividends received rom a specied
oreign company being a subsidiary
General Anti-avoidance Rules
•GAARprovisionsnowapplicablefrom
1 April 2016
• Amendmentsproposedinline
with the Shome Committee
recommendations-
– Denition o Impermissible
Avoidance Arrangement amended
to restrict to arrangements, the
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S t a t e o f t
h e E c o n o m y
B u d g e t H i g h l i g h t s
B u d g e t P r o p o s a l s - D i r e c t T a x e s
B u d g e t P r o p o s a l s - I n d i r e c t T a x e s
P o l i c
y P r o p o s a l s
G l o s s a r y
C o n t a c t s
main purpose o which is to
obtain a tax benet as against
“the main purpose or one o the
main purposes”
– Constitution o an approving panel
comprising three members being
a judge o the high court, member
o the Indian Revenue Service
and member having specialized
knowledge
Transer o immovable property
• Considerationfortransferofany
immovable property o ` 50 lakhs
and above attracts withholding tax
@ 1% - Applicable rom
1 June 2013
• Saleconsiderationonthetransfer
o immovable property when heldas stock in trade to be the higher o
the stamp duty value or the actual
consideration in computation o
business prot
• Purchaseofimmovablepropertyby
individual or HUF or inadequate
consideration (Consideration minus
Stamp duty value > ` 50,000) taxable
in the hands o the recipient
Amendments in response to
judicial precedents
• Baddebtswrittenoffaredeductible
only i the same exceeds the credit
balance in the provision or bad
and doubtul debts account made
under section 36(1)(viia) without any
distinction between rural and other
advances
• Amendmentmadeinresponsetothe
Supreme Court decision in Catholic
Syrian bank
Others
•Commodities transaction tax -
Introduced at the rate o 0.01%
on commodity derivatives (except
agricultural commodities)
•Securities transaction tax - Existingrates on taxable securities transactions
reduced
•Tax Residency Certicate is necessary
but not a sucient condition or
claiming the benets under the treaty
•Income o Securitisation Trust to be
exempt rom income tax subject to
conditions
•Pass through status or Alternate
Investment Funds
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Customs Duty
• PeakrateofBasicCustomsDuty
maintained at 10%
• Exemptionfromeducationcess,
secondary and higher education cess
is being withdrawn on aeroplanes,
helicopters and a ew other goods
• BCDincreasedonthefollowing:
Description o goods
From To
Cars / motor vehicles
(irrespective o engine
capacity) with CIF
value more than $
40,000
75% 100%
New motorcycles
with engine capacity
o 800cc or more
60% 75%
Raw silk 5% 15%
Set Top Boxes 5% 10%
Steam coal Nil 2%
•BCDreducedonthefollowing:
Description o
goods
From To
Specied textilemachinery and parts
thereo
7.5% 5%
Pre-orms o precious
and semi-precious
stones
10% 2%
Specied machinery
or use in the leather
industry or ootwear
industry
7.5% 5%
Bituminous coal 5% 2%
• IncreaseinCountervailingdutyonsteamcoalfrom
1% to 2%
• ReductioninCVDonbituminouscoalfrom6%to
2%
• ExemptionfromBCDonlithiumionautomotive
battery or manuacture o lithium ion battery packs
or supply to manuacturers o hybrid and electric
vehicles
• ExemptionfromBCDextendedtopartsandtesting
equipment or maintenance, repair and overhauling
o aircrats and their parts
• Exportdutyintroducedonthefollowinggoods:
– Bauxite (eective rate –10%)
– Raw sugar, white or rened sugar (eective
rate – Nil)
– Ilmenite – processed (eective rate –10%)
– Ilmenite – unprocessed (eective rate – 5%)
• Exemptionfromexportdutyonde-oiledricebran
oil cake• Limitondutyfreebaggageallowanceforjewellery
enhanced as below:
Coverage From To
An Indian passenger,
who has been residing
abroad or over one year
•Gentleman passenger
•Lady passenger
` 10,000
` 20,000
` 50,000
` 100,000
A person who is transer-
ring his residence to India
•Gentleman passenger
•Lady passenger
` 10,000
` 20,000
` 50,000
` 100,000
Budget HighlightsIndirect Taxes
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S t a t e o f t
h e E c o n o m y
B u d g e t H i g h l i g h t s
B u d g e t P r o p o s a l s - D i r e c t T a x e s
B u d g e t P r o p o s a l s - I n d i r e c t T a x e s
P o l i c
y P r o p o s a l s
G l o s s a r y
C o n t a c t s
o excise duty provided no CENVAT
credit on inputs is availed
•Brandedmedicamentsusedin
Ayurvedic, Unani, Sidha, Homeopathic
or Bio-Chemic system brought under
MRP-based assessment with an
abatement o 35%
•Excisedutyonchassisofdiesel
motor vehicles or transport o goods
reduced rom 14% to 13%
•Excisedutyof4%imposedonsilver
produced or manuactured during the
process o zinc or lead smelting
•Speciedgoodsmanufactured
and captively used as interme-
diate products by units located in
Uttaranchal or Himachal Pradesh have
been exempted rom excise duty
•AppellateTribunalcanextendoperation o stay or a period o 185
days where the delay is not attribut-
able to the assessee. The stay order,
however, will stand vacated at the
end o 365 days rom the date o the
order
•Anexplanationhasbeeninsertedin
Rule 3 o the CENVAT Credit Rules,
2004 to enable recovery o amounts
not paid on removal o inputs or
capital goods, as such or ater being
put to use and also in those cases
where they have been ully or partially
written o
•Section11oftheCentralExciseAct,
1944 has been amended to provide
or recovery o money due to the
Government rom an assessee, rom
any person who holds money or oron account o the assessee
Service Tax
•ServiceTaxrateremainsunchanged
Changes eective upon enactment o
the Finance Bill, 2013
•Negativelistmodiedasfollows:
– Courses run by Industrial Training
Institute / Centre aliated to State
Council or Vocational Training
included in negative list under the
denition o ‘approved vocational
educational course’
– Scope o testing related to the
agriculture sector broadened or the
purpose o inclusion in negative list
– Course run by an institute aliated
to the National Skill Development
Corporation subject to service tax
– Process amounting to manuactureto include processes under the
Medicinal and Toilet Preparations
(Excise Duties) Act, 1955
•AppellateTribunalcanextend
operation o stay or a period o 185
days where the delay is not attribut-
able to the assessee. The stay order,
however, will stand vacated at the
end o 365 days rom the date o the
order
•NewSection78Aintroducedto
impose penalty on directors and
ocials o the company or specied
oences in cases o willul actions
•Amnestyschemeproposedtobe
introduced or those assessees who
have not led or have stopped ling
service tax returns
•IfademandofServiceTaxmade
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under extended period o limitation
is ound to be unsustainable by the
Appellate authority/Tribunal/Court on
grounds o limitation the tax liability
or eighteen months (normal period o
limitation) may be computed
Changes eective 1 March 2013
•AResidentPublicLimitedCompany
would be eligible to seek advance
ruling
•Abatementinrespectofconstruction
o a complex, building, civil struc-
tures etc., is being reduced rom the
existing 75% to 70% or construction
other than residential properties
having a carpet area up to 2000
square eet or where the amount
charged is less than ` 1 crore
Changes eective 1 April 2013
•Allrestaurantshavingair-conditioning
or central air-heating acility liable to
service tax
•Exemptionsinrelationtotransporta-
tion o goods by various modes (road,
railways & vessels) aligned
•Servicetaxexemptiononthe
ollowing have been withdrawn:
– Vehicle parking to general public
– Aircrat repair or maintenance
services provided to government,
a local authority or governmental
authority
– Renting o immovable property and
auxiliary education services provided
by educational institution
– Charities or advancement o any
other object o general public utility
•Exemptionfortemporarylicensingof
copyright o cinematographic lms
restricted to lms exhibited in cinema
halls or theatre
Central Sales Tax
•CentralSalesTaxratecontinuesat2%
against production o Form C
Goods and Services Tax
•MajorityoftheStateGovernments
have agreed on the need or aConstitutional amendment to acili-
tate GST introduction
• ` 9,000 crore set apart towards
payment o rst installment o
balance CST compensation due to the
States
•StateFinanceMinistersandtheGST
Council to drat the GST legislation
•DraftbillonConstitutional
amendment and a Drat bill on GST to
be introduced in the Parliament in the
coming months
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S t a t e o f t
h e E c o n o m y
B u d g e t H i g h l i g h t s
B u d g e t P r o p o s a l s - D i r e c t T a x e s
B u d g e t P r o p o s a l s - I n d i r e c t T a x e s
P o l i c
y P r o p o s a l s
G l o s s a r y
C o n t a c t s
Budget Proposals
Direct Taxes
S t a t e o f t h e E c o n o m
y
B u d g e t H i g h l i g h t s
B u d g e t P r o p o s a l s - D i r e c t T a x e s
B u d g e t P r o p o s a l s - I n d i r e c t T a x e s
P o l i c y P r o p o s a l s
G l o s s a r y
C o n t a c t s
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Budget ProposalsDirect Taxes*
* Unless otherwise stated, the proposed provisions will be applicable rom nancial year 2013-14
Rates o Income tax
Individuals / HUFs
There is no change in the basic slab
rates and tax rates or individuals /
HUFs.
It is proposed to levy a surcharge at the
rate o 10% o the Income tax where
total income exceeds Rs. 1 crore.
Table 1: Tax Rates or Individuals/HUFs
Income Slabs
( ` )
Rate o Tax
(%)
Up to 200,000 Nil
200,001-500,000 10
500,001-1,000,000 20
1,000,001 and
above
30
It is proposed to allow a rebate to
resident individuals whose total income
does not exceed ` 500,000. The rebate
will be equal to amount o income
tax payable on the total income or an
amount o ` 2,000; whichever is less.
Notes:
• Forresidentseniorcitizensof60yearsbutless
than 80 years o age, the basic exemption
limit remains unchanged at ` 250,000.
• Forresidentseniorcitizensof80yearsor
more, the basic exemption limit remains
unchanged at ` 500,000.
• EducationCesswillcontinuetobeleviedat
the rate o 3% o Income Tax.
Companies
There is no change in the basic tax rates
or companies.
It is proposed to levy a surcharge at the
rate o 10% and 5% o the Income tax
or domestic companies and oreign
companies respectively, where the
total income exceeds ` 10 crore. The
eective rate o tax or domestic and
oreign companies is depicted in table
below
Table 2: Tax Rates or Companies
Income
Slabs ( ` )
Domestic
Company (%)
Foreign Company
(%)
Normal MAT Normal MAT
Upto 1crore
30.90 19.05 41.2 19.05
Exceeding
1 crore less
than 10
crore
32.45 20.00 42.02 19.44
Exceeding
10 crore
33.99 20.96 43.26 20.00
FirmsThere is no change in the basic slab
rates or rms.
It is proposed to levy a surcharge at the
rate o 10% o the Income tax where
total income exceeds ` 1 crore. Hence,
the eective tax rate under normal
provisions and AMT will be 33.99% and
20.96% respectively, where the incomeexceeds ` 1 crore.
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S t a t e o f t
h e E c o n o m y
B u d g e t H i g h l i g h t s
B u d g e t P r o p o s a l s - D i r e c t T a x e s
B u d g e t P r o p o s a l s - I n d i r e c t T a x e s
P o l i c
y P r o p o s a l s
G l o s s a r y
C o n t a c t s
Co-operative Societies
There is no change in the basic tax rates
or Co-operative Societies.
It is proposed to levy a surcharge at the
rate o 10% o the Income tax where
total income exceeds ` 1 crore.
Corporate Taxation
Deduction or investment in new
plant and machinery
•Itisproposedthatacompany
engaged in the business o manuac-
ture or production o any article or
thing, which acquires and installs a
plant and machinery (other than ship
or aircrat) as dened on or ater 1
April 2013 but beore 31 March 2015will be allowed or the nancial year
2013-14, a deduction o 15% o the
aggregate amount o actual cost o,
such asset where such cost exceeds
` 100 crores.
•Itisproposedthatthecompany
will be allowed a deduction or the
nancial year 2014-15 o 15% o
aggregate amount o actual cost o
plant and machinery (other than ship
or aircrat) as dened ater reducing
the deduction as allowed in the
nancial year 2013-14.
•Itisproposedthatifsuchplantand
machinery is sold or otherwise trans-
erred except in case o amalgamation
or demerger within a period o ve
years rom the date o its installation,
the amount o deduction allowed
(either by way o depreciation or
otherwise) will be deemed to be
income chargeable under the head
“Prots and gains rom business and
proession” in the year o transer,
in addition to the taxability under
the head “capital gains”, arising on
account o transer o such plant and
machinery.
•Itisproposedthatiftheplantand
machinery is sold or otherwise
transerred in connection with amal-
gamation or demerger within ve
years o its installation, the aoresaid
amendment relating to deemed
income and capital gains will be appli-
cable to the amalgamated company
or resulting company.
Additional income tax on distributed
income by company or buy-back o
unlisted shares
•Itisproposedthattheconsideration
paid by a company or purchase o its
own unlisted shares which is in excess
o the sum received by the company
at the time o issue o such shares
(i.e. the distributed income) will be
charged to tax. The company will be
liable to pay additional income tax
at the rate 20% o such distributed
income paid to the shareholder.
•Itisalsoproposedthat:
– the additional income tax paid by
the company will be treated as nal
payment o tax and no credit will
be claimed by the company or any
other person in respect o such tax.
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– no deduction will be allowed to the
company or shareholder in respect
o the income which has been
charged to tax or the tax thereon.
•Further,theincomearisingtothe
shareholders in respect o such
buy-back by the company will be
exempt.
The proposed amendment will be appli-
cable rom 1 June 2013.
Deemed ull value o consideration in
case o transer o land or building or
both held as stock in trade
•Itisproposedthatwheretheconsid-
eration on transer o an asset (other
than a capital asset), being land or
building or both, is less than thestamp duty value then such value will
be deemed to be the ull value o the
consideration or computing prots
and gains rom such transer.
•Itisalsoproposedthatwherethe
date o agreement xing the value
o consideration or such asset and
the date o registration o transer o
such asset are not same, the stamp
duty value on the date o agreement
will be taken as ull value o consider-
ation. The stamp duty value on the
date o agreement can be taken only
in case the amount o consideration
or a part thereo has been received by
the assessee by any mode other than
cash.
Tax exempt status to certain
Alternative Investment Funds
•Currently,theincomeofaVCC/VCF
which satises the investment and
other conditions as provided in VCF
Regulations is exempt.
•ItisproposedthattheexistingVCCs
and VCFs registered beore 21 May
2012 and which are regulated by the
VCF Regulations will continue to be
tax exempt.
•Additionally,itisproposedthatany
income o VCCs / VCFs registered
under the AIF Regulations will be tax
exempt. For this purpose, VCC will
mean a company and VCF will mean
a und (set up as a trust), which has
been granted a certicate o registra-
tion as VCF being a sub-category oCategory I AIF and which satises the
ollowing conditions:
– That at least two-thirds o its
investible unds are invested in
unlisted equity shares or equity
linked instruments o VCU.
– No investment has been made by
such AIFs in a VCU which is an
associate company as specied.
– Units o a trust set up as AIF or
shares o a company set up as AIF,
are not listed on a recognized stock
exchange.
•ItisproposedthatVCUwillbedened
as per AIF Regulations.
The proposed amendment will be appli-
cable rom nancial year 2012-13.
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S t a t e o f t
h e E c o n o m y
B u d g e t H i g h l i g h t s
B u d g e t P r o p o s a l s - D i r e c t T a x e s
B u d g e t P r o p o s a l s - I n d i r e c t T a x e s
P o l i c
y P r o p o s a l s
G l o s s a r y
C o n t a c t s
Benefcial tax rate on dividend rom
oreign company
•Itisproposedthatthebenecial
tax rate o 15% (plus surcharge and
education cess) on dividends received
by an Indian company rom a specied
oreign company will continue or the
nancial year 2013-14, i such income
is included in the total income o the
Indian company or the said year.
Removal o cascading eect on
dividend received rom oreign
subsidiary
•Currently,thereisnocascadingeffect
o DDT on dividend declared / paid
by an Indian company which in-turn
has earned dividend rom its Indian
subsidiary.•Itisproposedtoextendsuchbenet
to dividend declared / paid by an
Indian company, which has earned
dividend rom a specied oreign
subsidiary in the same year and such
dividend income has been oered to
tax by the Indian company.
This amendment would be eective
rom 1 June 2013.
Exemption o income o Investor
Protection Fund
•Itisproposedthatincome,bywayof
contribution received rom a deposi-
tory, o the Investor Protection Fund
will be exempt rom tax. However, any
amount standing to the credit o the
Fund and not charged earlier to tax,
will be taxed in the year in which such
amount is shared with the depository.
Deduction o bad debts in case o
certain banks
•Itisproposedtoclarifythatinthe
case o certain banks and nancial
institutions, the amount o bad debts
actually written o shall be limited
to the amount by which such bad
debts exceed the credit balance in the
provision o bad and doubtul debts,
without any distinction between rural
and other advances.
Amounts paid / appropriated to State
Governments
•Itisproposedthatthefollowing
amounts paid/appropriated by StateGovernment undertakings (as dened)
to the State Government will not be
deductible:
– Royalty, licence ee, service ee,
privilege ee, service charge or any
other ee or charge levied exclusively
on a State Government undertaking
by the State Government
– Any amount which is appropriated,
whether directly or indirectly, rom
a State Government undertaking by
the State Government
Non-resident taxation
Tax Residency Certifcate
•Currently,itisprovidedthatanon-res -
ident tax payer will be required to
obtain a TRC containing the prescribed
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particulars to be eligible to claim any
relie under the tax treaty.
•ItisproposedtoprovidethatsuchTRC
will be necessary but not a sucient
condition or claiming any relie under
the tax treaty.
The proposed amendment will be appli-
cable rom the nancial year 2012-13.
Taxation o income by way o royalty
or ees or technical services
•Currently,ataxrateof10%is
prescribed or income by way o
royalty or ees or technical services
earned by non-residents, pursuant to
agreements entered into on or ater 1
June 2005.
•Itisproposedtoincreasetherateoftax on royalty or ees or technical
services rom 10% to 25%. However,
the increased tax rate would be
subject to rates prescribed in the
relevant tax treaty.
General Anti-Avoidance Rule
•ItisproposedtomakeGAAReffective
rom the nancial year 2015-16.
•Currently,anarrangementwillbeheld
to be an impermissible avoidance
arrangement i the main purpose
or one o the main purposes o the
arrangement is to obtain a tax benet.
•It is proposed that the arrangement
will be held to be an impermissible
avoidance arrangement only i the
main purpose o the arrangement isobtaining a tax benet.
•Currently,anarrangementwillbe
presumed to have been carried out
or the main purpose o obtaining
tax benet i even a step o the
arrangement is to obtain a tax benet
irrespective o the act that the main
purpose o the whole arrangement is
not to obtain a tax benet.
•Itisproposedthattheabovepresump-
tion will continue unless it is proved to
the contrary by the taxpayer.
•Itisproposedtoprovideanadditional
condition that an arrangement will be
deemed to lack commercial substance
i it does not have a signicant eect
upon the business risks or net cash
fows o any party to the arrangement,
apart rom any eect attributable
to the tax benet that would beobtained.
•Currently,itisprovidedthatwhile
determining whether an arrangement
lacks commercial substance or not,
actors such as period o existence o
arrangement, payment o taxes under
the arrangement or exit route being
provided by the arrangement, will not
be taken into account.
•Itisproposedtoprovidethatsuch
actors may be relevant but will not
be sucient or determining whether
an arrangement lacks commercial
substance or not.
•Currently,theterms‘party’and‘tax
benet’ have been dened in an
exhaustive manner.
•Itisproposedtoamendthedenition
o the above terms to make it aninclusive denition.
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S t a t e o f t
h e E c o n o m y
B u d g e t H i g h l i g h t s
B u d g e t P r o p o s a l s - D i r e c t T a x e s
B u d g e t P r o p o s a l s - I n d i r e c t T a x e s
P o l i c
y P r o p o s a l s
G l o s s a r y
C o n t a c t s
Procedure or invoking GAAR
•Currently,itisprovidedthatthedirec-
tions o the AP (constituted to adju-
dicate cases in which GAAR has been
invoked) will be binding on the AO.
•It is proposed that the directions
o the AP will be binding on the
taxpayer and the CIT and his subor-
dinates. It is also proposed that no
appeal shall lie against the directions
o the AP.
•Currently,theAPistobeconstituted
o not less than three members being
ocers not below the rank o CIT and
joint secretary to the Government o
India.
•It is proposed that the Central
Government may constitute one or
more APs, each o which will consisto the ollowing three members:
− Chairperson being a person who is
or has been a judge o a High Court;
− One member not below the rank o
CCIT; and
− One member who would be an
academic or scholar having special
knowledge on direct taxes, business
account and international trade
practices.
•Itisproposedthatthetermofthe
AP shall ordinarily be or one year
and may extend to a period o three
years and the AP will have the powers
vested in the AAR.
Prior approval or search assessments
•Currently,assessmentorre-assessment
orders passed by an AO in searchcases cannot be passed without prior
approval o the Joint CIT.
•Itisnowproposedtoprovidethatan
approval o the Joint CIT will not be
necessary in cases where the assess-
ments or re-assessments pursuant to
a search are made by invoking GAAR
and ater obtaining permission o the
CIT.
The proposed amendment will be
applicable rom the nancial year
2015-16.
Personal taxation
Additional deduction or interest paid
on housing loan or frst home buyers
•Forrst-homebuyers,itisproposedto
allow an additional deduction o Rs.
100,000 in respect o interest payable
on housing loan sanctioned by anancial institution during nancial
year 2013-14 subject to the ollowing
conditions:
− The loan amount sanctioned does
not exceed ` 25 lakhs;
− The value o the residential house
property does not exceed Rs. 40
lakhs;
− The owner does not own any other
residential house property on the
date o sanction o the loan
•Incasetheinterestpayableduring
nancial year 2013-14 is less than
` 100,000, the balance amount
not claimed as a deduction may be
claimed in nancial year 2014-15.
•Nodeductionofsuchinterestclaimed
shall be allowed under any other
provisions o the Act.
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Income rom Other Sources
•Currently,whereanindividualorHUF
receives any immovable property
without consideration, the stamp duty
value o such immovable property will
be chargeable to tax i the amount o
stamp duty exceeds ` 50,000.
•Itisproposedthatwhereany
immovable property is received or a
consideration which is less than the
stamp duty value o the property by
an amount exceeding ` 50,000, the
stamp duty value o such property
as exceeds such consideration, shall
be chargeable to tax in the hands o
the individual or HUF as income rom
other sources.
•Itisalsoproposedthatwherethe
date o agreement xing the valueo consideration or such asset and
the date o registration o transer o
such asset are not same, the stamp
duty value on the date o agreement
will be taken as ull value o consider-
ation. The stamp duty value on the
date o agreement can be taken only
in case the amount o consideration
or a part thereo has been received by
the assessee by any mode other than
cash.
Conditions or lie insurance premium
•Currently,anysumreceivedundera
lie insurance including bonus on such
policy issued on or ater 1 April 2012
will be exempt rom tax, provided
the premium on such policy does not
exceed 10% o the actual capital sumassured. Further, the deduction on
account o insurance premium paid up
to 10% o actual capital sum assured
is allowed rom the total income.
•Itisproposedtoenhancethislimitof
10% o the actual capital sum assured
to 15% where such policy is on lie
o an individual who is suering rom
disability or severe disability reerred
to under section 80U or a specied
ailment/ disease reerred to under
section 80DDB. Similarly, it is proposed
to allow deduction in respect o
premium paid on insurance policy up
to 15% o the actual sum assured
in respect o the person reerred to
above.
The proposed amendment will be
applicable in respect o policy issued
on or ater 1 April 2013.
Deduction available or equity
oriented unds
•Currently,deductionof50%of
investment made (subject to a limit
o ` 25,000) in listed equity shares
under schemes notied by the Central
Government is available in the year o
investment. Further, this deduction is
available where the gross total income
o the resident individual does not
exceed ` 10 lakhs.
•Itisproposedtoextendtheaforesaid
deduction or investments made in
listed units o equity-oriented und.
This benet will be available or
three consecutive assessment years
beginning with the rst year o acqui-
sition o shares/units. Further, the limit
o gross total income o the residentindividual is enhanced to ` 12 lakhs.
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S t a t e o f t
h e E c o n o m y
B u d g e t H i g h l i g h t s
B u d g e t P r o p o s a l s - D i r e c t T a x e s
B u d g e t P r o p o s a l s - I n d i r e c t T a x e s
P o l i c
y P r o p o s a l s
G l o s s a r y
C o n t a c t s
Medical health insurance beneft
extended
•Currently,deductionupto ` 15,000
is allowed or premium paid towards
Central Government Health Scheme or
any payment made towards preven-
tive health check-up o the assessee or
his amily.
•Itisproposedtoallowthisdeduction
in respect o any amount paid to
any other scheme as notied by the
Central Government.
Other amendments
Amendments to withholding taxes
•TDSontransferofcertainimmovable
property(otherthanagriculturalland)
It is proposed to provide that taxat 1% is required to be deducted
by every transeree (other than the
transeree in the case o compulsory
acquisition o immovable property)
rom a sum paid/credited to a resident
transeror as consideration or transer
o immovable property.
For this purpose, immovable property
means any land (other than agricul-
tural land) or any building or part
o a building. Tax is not required to
be deducted i the consideration or
transer o immovable property is less
than Rs. 50 lakhs.
The proposed amendment will be
applicable rom 1 June 2013.
•ConcessionalrateofTDSoninterest
extendedtocertainrupeedenomi-
natedlong-terminfrastructurebonds
Currently, a concessional TDS rate o
5% applies to payment o interest
on borrowings made by an Indian
company in oreign currency either
under a loan agreement or by way
o issue o long-term inrastructure
bonds, as approved by the Central
Government.
It is proposed to provide that the
concessional rate o TDS on payment
o interest will be available where a
non-resident or a oreign company
has deposited any sum o money
in oreign currency in a designated
account and the said money is utilisedater converting in rupees to subscribe
to any long-term inrastructure bonds
issued by the Indian company.
Further, it is provided that the
aoresaid borrowing by the Indian
company will be deemed to be
received in oreign currency.
The term ‘designated account’ is
dened to mean a bank account
opened solely or the purpose o
deposit o money in oreign currency
and utilization o such money or
payment o subscription o the
long-term inrastructure bonds issued
by the Indian company.
The proposed amendment will beapplicable rom 1 June 2013.
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Deductions rom income
•Extensionofsunsetclauseforpower
sectorundertaking
Currently, a deduction at 100% o
prots is available to an undertaking
or a period o 10 consecutive years
out o 15 years, i the undertaking:
– begins to generate power by 31
March 2013;
– starts transmission and distribution
by laying new transmission or distri-
bution lines by 31 March 2013;
– renovates and modernises existing
network o transmission by 31
March 2013
It is proposed to extend the above
terminal date or a urther period o
one year i.e. upto 31 March 2014.
•Deductionforadditionalwagespaid
tonewregularworkmenemployedin
afactorymanufacturinggoods
Currently, a deduction is allowed or
30% o additional wages paid to new
regular workmen employed in any
previous year by an Indian company
deriving prots rom any industrial
undertaking engaged in manuacture
or production o article or thing.
It is now proposed that the above
deduction be available to an assessee
engaged in manuacturing o goods in
a actory.
Further, it is proposed to amend
the provisions to provide that thededuction would not be available i
the actory is hived o or transerred
rom another existing entity or
acquired by the assessee company as
a result o amalgamation with another
company.
•Deductionfordonationmadeto
NationalChildren’sFund
Currently, deduction o 50% is
allowed or donation made to
National Children’s Fund.
It is proposed to allow 100%
deduction or donation made to the
National Children’s Fund.
Procedural amendments
•Defectivereturnofincome
Currently, a return o income led istreated as a deective return i all the
conditions prescribed are not ullled.
It is proposed to include, as a
condition, any ailure to pay sel-as-
sessment tax together with interest
which would render the return being
treated as a deective return.
• Specialaudit
Currently, an AO having regard to the
nature and complexity o the accounts
o a tax payer, can ater obtaining
specied approvals, direct the tax
payer to get his accounts audited by
an accountant and urnish a report o
such audit.
It is proposed that the ollowingactors can also be considered by the
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S t a t e o f t
h e E c o n o m y
B u d g e t H i g h l i g h t s
B u d g e t P r o p o s a l s - D i r e c t T a x e s
B u d g e t P r o p o s a l s - I n d i r e c t T a x e s
P o l i c
y P r o p o s a l s
G l o s s a r y
C o n t a c t s
AO or directing the tax payer to get
his accounts audited:
– Volume o accounts;
– Doubts about correctness o the
accounts;
– Multiplicity o transactions in the
accounts or specialised nature o
business activity o the tax payer;
and
– The interests o the revenue.
The proposed amendment will apply
rom 1 June 2013.
•Wealthtaxreturns
It is proposed to amend the
Wealth-tax Act, 1957 to empower
the CBDT or making relevant rules to
acilitate electronic ling o the returno net wealth.
Miscellaneous
•Taxationofsecuritisationtrusts
A new Chapter is proposed to be
introduced whereby a securitisation
trust will be required to pay additional
income tax on income distributed to
its investors, at the rate o 25% in
case o the investor being an indi-
vidual or HUF, and at the rate o 30%
in case o any other investor. However,
no additional income tax will be
payable i the income distributed by
the securitisation trust is received by a
person who is not chargeable to tax
under the Act.
The above proposal will be eectiverom 1 June 2013.
Further, it is proposed that income
rom securitization activities o a
securitisation trust which is regulated
by SEBI / RBI will be exempt rom tax.
It is also proposed that distributed
income received by the investor will
be exempt rom tax.
•Taxondistributedincomebya
MutualFund
Currently, additional tax o 12.5%
is charged on income distributed to
individuals or HUF by a und other
than money market mutual und or
liquid und. The same is proposed to
be increased to 25%.
It is also proposed that in the eventthat an income is distributed by a
Mutual Fund under an inrastructure
debt und scheme to a non-resident
(not being a company) or a oreign
company, the mutual und will be
liable to pay additional tax at the rate
o 5% on such distributed income.
The above proposal will be eective
rom 1 June 2013.
•‘Taxdue’forthepurposeofliability
ofpartners/directorsincaseof
liquidation
It is proposed to clariy that the term
‘tax due’ or the purpose o liability o
partners / directors in case o liqui-
dation o LLP / private company will
include penalty, interest or any othersum payable under the Act.
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The proposed explanation will be
applicable rom 1 June 2013.
•Amendmentinthedenitionof“agri -
culturalland”
Currently, or the purposes o dening
“agricultural income” and “capital
asset”, land is inter-alia considered to
be “agricultural land” i:
– it is situated in any area within the
jurisdiction o a municipality or
cantonment board having popula-
tion o not less than ten thousand
according to the last preceding
census; or
– it is situated in any area within such
distance not exceeding eight kilo-
meters rom the local limits o any
municipality or cantonment board asnotied having regard to the extent
and scope o urbansiation and other
relevant actors.
It is proposed to amend the second
criteria so as to provide that land
will be considered as an “agricul-
tural land” i it is situated in any
area within the distance, measured
aerially o not being more than:
– two kilometers, rom the local limits
o any municipality or cantonment
board and which has a population
o more than ten thousand but not
exceeding one lakh; or
– six kilometers, rom the local limits
o any municipality or cantonment
board and which has a population
o more than one lakh but not
exceeding ten lakh; or– eight kilometers, rom the local
limits o any municipality or canton-
ment board and which has a popu-
lation o more than ten lakh.
It is also proposed to dene the term
“population” to mean population
according to the last preceding census
o which the relevant gures have
been published beore the rst day o
the previous year.
Similar amendments are also proposed
or the purposes dening “urban land”
in the Wealth-tax Act, 1957.
Commodities Transaction Tax
•AnewtaxcalledCTTisproposedto
be levied on taxable commoditiestransactions traded in a recognized
association. Taxable commodities
transaction will mean a transaction
o sale o commodity derivatives
other than agriculture commodities,
traded in recognized associations.
Commodity derivative is dened to
mean a contract or delivery o goods
which is not a ready delivery contract,
or, a contract or dierences deriving
value rom prices or price indices o
underlying goods; related services and
rights such as warehousing or reight;
or with reerence to weather and
similar events.
•Thetaxisproposedtobeleviedat
0.01% on the value o such trans-
action and will be collected by the
recognized association rom the seller.Provisions with regard to urnishing
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S t a t e o f t
h e E c o n o m y
B u d g e t H i g h l i g h t s
B u d g e t P r o p o s a l s - D i r e c t T a x e s
B u d g e t P r o p o s a l s - I n d i r e c t T a x e s
P o l i c
y P r o p o s a l s
G l o s s a r y
C o n t a c t s
o return, assessment, levy o interest
and penalty, etc. have also been
prescribed.
•Thetaxwillbeleviedfromadate
to be notied by the Central
Government.
•ItisproposedthattheCTTpaidshall
be allowed as a deduction i the
income arising rom the commodities
transaction is included as a part o
business income.
Securities Transaction Tax
•ItisproposedtoreduceSTTrates
on taxable securities transactions as
under:
Sr.
No.
Nature o
taxable securities
transaction
Payable by Existing
Rate (%)
Proposed
Rate (%)
1 Delivery based purchase
o units o an equity
oriented und entered
into, in a recognized
stock exchange
Purchaser 0.1 No tax
2 Delivery based sale
o units o an equity
oriented und entered
into, in a recognized
stock exchange
Seller 0.1 0.001
3 Sale o utures in
securities
Seller 0.017 0.01
4 Sale o a unit o an
equity oriented und tothe mutual und
Seller 0.25 0.001
The amendments will apply to a transaction made on or ater 1 June 2013.
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Budget ProposalsIndirect Taxes
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S t a t e o f t
h e E c o n o m y
B u d g e t H i g h l i g h t s
B u d g e t P r o p o s a l s - D i r e c t T a x e s
B u d g e t P r o p o s a l s - I n d i r e c t T a x e s
P o l i c
y P r o p o s a l s
G l o s s a r y
C o n t a c t s
Budget ProposalsIndirect TaxesCustoms
Import Duty
Rate Changes
•PeakrateofBCDretainedat10%.
Changes in eective rates o duty
•Aeroplanes,helicoptersandtheir
parts, soya bean oil, olive oil and
other specied oils were exempted
rom payment o education,
secondary and higher education
cesses. The exemption has now been
withdrawn.
•Thefollowinggoodshavebeen
exempted rom BCD:
- Lithium ion automotive battery or
manuacture o lithium ion battery
packs meant or supply to manuac-turers o hybrid and electric vehicles
- Parts and testing equipment or
maintenance, repair and over-
hauling o aircrat parts
•ConcessionalBCDforspecied
parts o hybrid and electric vehicles
available till April 2013 has been
extended up to 31 March 2015.
•ConcessionalBCDrateof5%
extended to stainless steel wire cloth
Table 3: Increase in Basic Customs Duty
Description o
goods
Up to 28
February 2013
(%)
Eective 1
March 2013
(%)
New Cars / motor
vehicles (irrespec-
tive o engine
capacity) with CIF
value more than$ 40,000
75 100
New motorcy-
cles with engine
capacity o 800cc
or more
60 75
Raw Silk 5 15
Set Top Boxes 5 10
Steam Coal Nil 2
stripe and wash coat.
•CVDonsteamcoalhasbeen
increased rom 1% to 2%, while CVD
on bituminous coal has been reduced
rom 6% to 2%.
The above changes will be eective
rom 1 March 2013.
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Table 4: Decrease in the Basic Customs Duty
Description o
goods
Up to 28
February 2013
(%)
Eective 1
March 2013
(%)
Specied textile
machinery and
parts thereo
7.5 5
Pre-orms o
precious and
semi-precious
stones
10 2
Specied
machinery or
use in the leather
industry or
ootwear industry
7.5 5
Bituminous coal 5 2
Hazel nut 30 10
De-hulled oat
grain
30 15
Export Duty
•Table5:IntroductionofExportDuty
Description o
goods
Eective 1 March 2013
(%)
Bauxite (natural), notcalcined and calcined
10
Ilmenite, unprocessed 10
Ilmenite, upgraded 5
Raw sugar, white or rened
sugar
Nil
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S t a t e o f t
h e E c o n o m y
B u d g e t H i g h l i g h t s
B u d g e t P r o p o s a l s - D i r e c t T a x e s
B u d g e t P r o p o s a l s - I n d i r e c t T a x e s
P o l i c
y P r o p o s a l s
G l o s s a r y
C o n t a c t s
•De-oiledricebranoilcaketobe
exempted rom export duty.
•Flatrolledproductsofironor
non-alloy steel, plated or coated
with zinc exempted rom export duty
retrospectively rom 1 March 2011.
The above changes will be eective
rom 1 March 2013.
Changes in the Customs Act, 1962
•Thetimelimitforpaymentofimport
duty is reduced rom 5 to 2 days rom
the date on which the bill o entry is
returned to the importer.
•Storageofimportedgoodsinapublic
warehouse, pending clearance or
home consumption, is permitted
up to a period o 30 days. TheCommissioner o Customs is now
empowered to extend the period by
urther 30 days.
•Provisionalattachmentofproperty
now extended to cases involving
suppression, willul mis-statement or
collusion.
•Section104hasbeenamendedto
speciy oences that are non-bailable.
These oences, punishable under
Section 135, relate to:
- evasion or attempted evasion o
duty exceeding ` 50 lakh; or
- prohibited goods notied under
Section 11; or
- non declaration o import or export
o goods in accordance with the
provisions, and market price o
which exceeds ` 1 crore; or- raudulently availing o or attempt
to avail o drawback or exemption
rom duty provided, i the amount
o drawback or exemption rom
duty exceeds ` 50 lakh.
•AppellateTribunalcannowextend
operation o stay or a urther period
o 185 days where the delay is not
attributable to the assessee. The stay
order, however, will stand vacated at
the end o 365 days rom the date o
the order.
•Denitionof‘activity’forthepurpose
o Advance Ruling is amended to
include any new business o import or
export proposed to be undertaken by
an existing importer or exporter.
The above changes will be eective
rom the date o enactment o Finance
Bill 2013.
•Limitondutyfreebaggageallowance
or jewelry has been enhanced as
below:
Coverage Up to 28
February
2013 ( ` )
Eective 1
March
2013 ( ` )
An Indian passenger, who has
been residing abroad or overone year
•Gentleman passenger
•Lady passenger
10,000
20,000
50,000
100,000
A person who is transerring
his residence to India
•Gentleman passenger
•Lady passenger
10,000
20,000
50,000
100,000
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Central Excise Duty
Rate Changes
Normal rate o Central Excise Duty retained at 12%.
Changes in eective rates o duty
Table 6: Increase in Excise Duty
Description o goods Up to 28
February 2013
Eective 1
March 2013
Silver produced or manuactured duringthe process o zinc or lead smelting
Nil 4%
Stainless steel pattis and pattas ` 30,000 per
machine per
month
` 40,000 per
machine per
month
Marble slabs and tiles ` 30 per square
meter
` 60 per square
meter
Mobile handsets including cellular phones
having retail sale price more than ` 2,000
1% 6%
SUVs with engine capacity exceeding
1500 cc
27% 30%
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S t a t e o f t
h e E c o n o m y
B u d g e t H i g h l i g h t s
B u d g e t P r o p o s a l s - D i r e c t T a x e s
B u d g e t P r o p o s a l s - I n d i r e c t T a x e s
P o l i c
y P r o p o s a l s
G l o s s a r y
C o n t a c t s
Table 7: Increase in Excise Duty or Cigarettes etc. (per thousand)
Description o goods Up to 28
February 2013
Eective 1
March 2013
Non-lter exceeding 65mm but not
exceeding 70mm
` 1,463 ` 1,772
Filter exceeding 65mm but not
exceeding 70mm
` 1,034 ` 1,249
Filter exceeding 70mm but not
exceeding 75mm ` 1,463 ` 1,772
Filter exceeding 75mm but not
exceeding 85mm ` 1,974 ` 2,390
Other ` 2,373 ` 2,875
Cigar and cheroots 12% or ` 1,370
whichever is
higher
12% or ` 1,781
whichever is
higher
Cigarillos 12% or ` 1,370
whichever is
higher
12% or ` 1,781
whichever is
higher
Cigarettes o Tobacco Substitutes ` 1,258 per
thousand
` 1,511 per
thousand
Cigarillos o Tobacco Substitutes 10% or ` 1,473
whichever is
higher
12% or ` 1,738
whichever is
higher
Other 10% or ` 1,473whichever is
higher
12% or ` 1,738whichever is
higher
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Table 8: Decrease in the Excise Duty
Description o goods Up to 28
February 2013
(%)
Eective 1
March 2013 (%)
Henna powder or paste, not mixed
with any other ingredient
6 Nil
Peanut butter 6 Nil
Tapioca (Sago) 6 Nil
Chassis o diesel motor vehicles or
transport o goods
14 13
Branded garments completely made
up o cotton (not containing any other
textiles)
12 6
Handmade Carpets, Carpets and other
textile foor coverings etc.
2 (without credit)
or 6 (with credit)
Nil
SUVs registered or use solely as taxi 80% o excise
duty paid at the
time o clearance
72% o excise
duty paid at
the time o
clearance#
Cruise ships, Excursion boats , erry-
boats, Cargo Ships, Barges and similar
vessels or the transport o persons or
goods
6 Nil
Tugs and Pusher crat 6 Nil
Light-vessels, re-foats, dredgers,
foating cranes, and other vessels the
navigability o which is subsidiary to
their main unction; foating docks;
Floating or submersible drilling or
production platorms
6 Nil
Other vessels, including lieboats other
than rowing boats and warships
6 Nil
# Exemption by way o reund o 28% o excise duty paid at the time o clearance would be applicable
subject to prescribed conditions
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S t a t e o f t
h e E c o n o m y
B u d g e t H i g h l i g h t s
B u d g e t P r o p o s a l s - D i r e c t T a x e s
B u d g e t P r o p o s a l s - I n d i r e c t T a x e s
P o l i c
y P r o p o s a l s
G l o s s a r y
C o n t a c t s
Other relevant changes in excise duty
•Manufacturersofbrandedreadymade
garments and made ups can now
avail exemption rom payment o
excise duty provided no CENVAT
credit on inputs is availed.
•Brandedmedicamentsused
in Ayurvedic, Unani, Sidha,
Homeopathic or Bio-Chemic system,
have been brought under MRP-based
assessment, with an abatement o
35%.
•Concessionalexcisedutyof6%,
currently available till 31 March 2013,
has been extended up to 31 March
2015 on the ollowing:
- battery packs, battery charger, AC
or DC motor and AC or DC motor
controller, used in manuactureo electrically operated vehicles,
including two and three wheeled
electric motor vehicles,
- battery packs o lithium ion
batteries supplied to manu-
acturers o hybrid and electric
vehicles extended up to 31 March
2015
•Speciedgoodsmanufactured
and captively used as interme-
diate products by units located in
Uttaranchal or Himachal Pradesh
have been exempted rom payment
o central excise duty.
•ExcisedutyprescribedtobeNilfor
ollowing excisable goods:
- Tapioca starch manuactured and
captively consumed within the
actory o their production, inthe manuacture o Tapioca sago
(sabudana).
- All goods or manuacture o erti-
lizers including bentonite sulphur,
provided that the procedure
laid down under Central Excise
(Removal o Goods at Concessional
Rate o Duty or Manuacture o
Excisable goods) Rules, 2001 is
ollowed.
The above changes will be eective
rom 1 March 2013.
Changes in the Central Excise Act,
1944
•AnystatementissuedbyaCentral
Excise Ocer containing the details
o non-payment, short payment,
non-levy and short levy o duty is
deemed to be service o notice•Theprovisionsrelatingtoadvance
rulings are proposed to be amended
as ollows:
- Denition o ‘Activity’ under
Section 23A(a) has been widened
to include any new business
o production/ manuacture by
existing producers or manuac-
turers enabling such producers /
manuacturers to seek advance
ruling on starting a new line o
business.
- Scope o application o Advance
Ruling extended to include admis-
sibility o the credit o service tax
paid on or deemed to have been
paid on input services used in the
manuacture o excisable goods.
- Resident public limited companieshave been included as class o
persons or purpose o seeking
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advance ruling
•AppellateTribunalcanextend
operation o stay or a urther period
o 185 days where the delay is not
attributable to the assessee. The stay
order, however, will stand vacated at
the end o 365 days rom the date o
the order.
•SingleMemberBenchcannow
dispose cases involving duty or
penalty up to ` 50 lakh as against
` 10 lakh
•Section9Ahasbeenamendedto
speciy those oences that are
non-bailable. These oences, punish-
able under Section 9, relate to:
- evasion o duty exceeding
` 50 lakh; or
- contravention o provisions o thelaw, in relation to credit o any
duty, in excess o ` 50 lakh.
The above changes will be eective
rom the date o enactment o Finance
Bill 2013.
Changes in CENVAT Credit Rules,
2004
An explanation has been added to Rule
3 o the CENVAT Credit Rules, 2004 to
enable recovery o amounts not paid
on removal o inputs or capital goods,
as such or ater being put to use and
also in those cases where they have
been ully or partially written o. The
amounts can now be recovered as
provided in Rule 14.
The above change will be eective rom
1 March 2013.
Service Tax
Service Tax rate remains unchanged.
Changes in the Finance Act, 1994
•Negativelistmodiedasfollows:
- Courses run by Industrial Training
Institute / center aliated to State
Council or Vocational Training
included in negative list under the
denition o ‘approved vocational
educational course’. This entry
hitherto covered only those courses
aliated to the National Council
or Vocational Training.
- Scope o ‘testing’, previously
conned to seed testing only,
broadened or the purpose o
inclusion in negative list, to cover
all testing related to the agriculturesector
- Courses run by an institute aliated
to the National Skill Development
Corporation would now be taxable.
- Processes amounting to manuac-
ture under the Medicinal and Toilet
Preparations (Excise Duties) Act,
1955 will also be covered under
the negative list.
•Asaresultofchangesmadeto
Section 35C(2A) o the Central Excise
Act, 1944, (as made applicable to
service tax provisions), Appellate
Tribunal can extend operation o
stay or a period o 185 days where
the delay is not attributable to the
assessee. The stay order, however,
will stand vacated at the end o 365days rom the date o the order.
•Ifademandofservicetaxmade
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S t a t e o f t
h e E c o n o m y
B u d g e t H i g h l i g h t s
B u d g e t P r o p o s a l s - D i r e c t T a x e s
B u d g e t P r o p o s a l s - I n d i r e c t T a x e s
P o l i c
y P r o p o s a l s
G l o s s a r y
C o n t a c t s
under extended period o limitation
is ound to be unsustainable by
the Appellate authority / Tribunal
/ Court on grounds o limitation,
the tax liability or eighteen months
(normal period o limitation) may be
computed.
•Tribunalisnowempoweredto
condone delays in ling appeals and
cross objections by the assessee.
Earlier, this was limited to appeals
and cross objections led by the
revenue only.
The above changes will be eective
rom the date o enactment o Finance
Bill 2013.
Penalties and Oences•Section77(1)(a)ofFinanceAct,1994
contains residuary penal provisions.
The said Section prescribes a penalty
o ` 10,000 or ` 200 per day o
deault. It is now proposed that the
penalty o ` 200 per day o deault
should be done away with.
•NewSection78Ahasbeenintro-
duced. The said Section prescribes a
penalty o up to ` 100,000 in respect
o specied oences, including those
relating to wrong availment o input
service tax credit on services not
received, issuing invoices or services
not rendered and the like, on any
director, manager, secretary or other
ocer o a company responsible or
commission o such oence.
•Amendmentshavebeenproposedtoincrease the period o imprisonment
rom three years to seven years, in
some cases.
•Section91(1)hasbeenintroducedto
grant the Commissioner o Central
Excise the power to arrest in specied
cases.
Introduction o amnesty scheme
•Anamnestyschemeunderservice
tax is proposed to be introduced by
inclusion o new Chapter VI in the
Finance Act, 1994 covering service
tax and other dues payable or
the period 1 October 2007 to 31
December 2012.
•Suchpendingduescanbepaidin
two installments; one beore 31
December 2013 and the next beore
30 June 2014. Interest and penalty
would be waived or assessees optingor the amnesty scheme.
•Thefollowingconditionsaretobe
ullled in order to avail the benet o
the scheme:
- There should not be any notice or
order beore 1 March 2013 on the
same issue
- The liability was not disclosed in
the returns led
- No inquiry or investigation is
initiated by way o search, issuance
o summons, requisition o
accounts and records and pending
as on 1 March 2013
- No audit is initiated and pending
as on 1 March 2013.
The above scheme will be eective rom
the date o enactment o Finance Bill2013.
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Changes in exemptions
•Allrestaurantshavingair-conditioning
or central air-heating acility would
be covered under the service tax net.
The requirement o serving liquor has
been omitted.
•Exemptionsinrelationtotransporta-
tion o goods by various orms (road,
railways & vessels) have been aligned.
•Thefollowingexemptionshavebeen
withdrawn:
- Transportation by road o
petroleum & petroleum products,
postal mails or postal bags and
household eects
- Vehicle parking to general public
- Aircrat repair or maintenance
services provided to government,
a local authority or governmentalauthority
- Renting o immovable property
and auxiliary education services
provided by educational institution
- Charities up to ` 25 lakh or
advancement o any other object
o general public utility.
•Exemptionfortemporarylicensingof
copyright o cinematographic lms
restricted to lms exhibited in cinema
halls or theatres.
The above changes will be eective
rom 1 April 2013.
Other changes
•AResidentPublicLimitedCompany
would now be eligible to seek
advance ruling; the term ‘Resident’
and ‘Public Limited Company’ being,
as dened in the Income Tax Act and
the Companies Act respectively.
•Abatementinrespectofconstruction
o a complex, building, civil struc-
tures etc., is being reduced rom the
existing 75% to 70% or construction
other than residential properties
having a carpet area up to 2000
square eet or where the amount
charged is less than ` 1 crore.
The above changes will be eective
rom 1 March 2013.
Central Sales Tax
•CSTratecontinuesat2%against
production o Form C.
Goods and Services Tax
•Anoverwhelmingmajorityofthe
State Governments have agreed
on the need or a Constitutional
amendment or introduction o GST.
•CentralGovernmentwouldcompen-
sate the States or loss in revenue on
account o reduction in the CST rate.
• ` 9,000 crore set apart towards
payment o rst installment o
balance CST compensation due to
the States.
•StateFinanceMinistersandtheGST
Council have been assigned the task
o drating the GST legislation.
•DraftBillsontheConstitutional
amendment and GST to be intro-
duced in the Parliament in the
coming months.
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S t a t e o f t
h e E c o n o m y
B u d g e t H i g h l i g h t s
B u d g e t P r o p o s a l s - D i r e c t T a x e s
B u d g e t P r o p o s a l s - I n d i r e c t T a x e s
P o l i c
y P r o p o s a l s
G l o s s a r y
C o n t a c t s
Policy Proposals
S t a t e o f t h e E
c o n o m y
B u d g e t H i g h l i g h t s
B u d g e t P r o p o s a l s - D i r e c t T a x e s
B u d g e t P r o p o s a l s - I n d i r e c t T a x e s
P o l i c y P r
o p o s a l s
G l o s s a r y
C o n t a c t s
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Policy Proposals
Direct taxes
•DTCBillbasedonbestinternational
practices will be compatible with the
needs o a ast developing economy.
It will be placed beore the House
during the Budget session.
•TaxAdministrationReform
Commission will be set up to review
the application o tax policies and tax
laws and submit periodic reports that
can be implemented to strengthen the
capacity o tax system.
•Safeharbourruleswillbenotied
ater examining the reports o the
Rangachary Committee, which is
expected by 31 March 2013.
Capital Markets
•Itisproposedthatwhereaninvestor
has a stake o 10% or less in a
company, it will be treated as an FII
and where an investor has a stake o
more than 10%, it will be treated as
FDI.
•FIIswillbepermittedtoparticipatein
the exchange traded currency deriv-
ative segment to the extent o their
Indian rupee exposure in India.
•FIIswillalsobepermittedtousetheir
investment in corporate bonds and
Government securities as collateral to
meet their margin requirements.
•SEBItoprescriberequirementfor
angel investor pools by which they
can be recognised as Category I AIF
venture capital unds.•Smallandmediumenterprisestobe
permitted to list on the SME exchange
without being required to make an
initial public oer.
•Stockexchangestobeallowedto
introduce a dedicated debt segment
on the exchange.
•Thelistofeligiblesecuritiesinwhich
Pension Funds and Provident Funds
may invest will be enlarged to include
exchange traded unds, debt mutual
unds and asset backed securities.
Banking and Financial
•AstandingCouncilofExpertstobe
constituted in the Ministry o Finance
to analyse the international competi-
tiveness o the Indian nancial sector.
•NationalHousingBanktosetupUrban Housing Fund.
•Smallandmediumenterprises,tobe
permitted to list on the SME exchange
without being required to make an
initial public oer.
•Proposaltoset-upIndia’srst
Women’s Bank as a public sector
bank.
•SIDBItosetupaCreditGuarantee
Fund or actoring.
Insurance
•Insurancecompaniestobe
empowered to open branches in
Tier-II cities and below without prior
approval o IRDA.
•KYCofbankstobesufcientto
acquire insurance policies.•Bankstobepermittedtoactas
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S t a t e o f t
h e E c o n o m y
B u d g e t H i g h l i g h t s
B u d g e t P r o p o s a l s - D i r e c t T a x e s
B u d g e t P r o p o s a l s - I n d i r e c t T a x e s
P o l i c
y P r o p o s a l s
G l o s s a r y
C o n t a c t s
insurance brokers. Banking corre-
spondents allowed to sell micro-in-
surance products. Goal o having an
oce o LIC and an oce o at least
one public sector general insurance
company in towns with population
exceeding 10,000 to be achieved.
Inrastructure
•Measureshavebeenidentied
towards new and innovative instru-
ments to mobilise unds or invest-
ment in the inrastructure sector.
•TheCabinetCommitteeonInvestment
has been set up and decisions have
been taken in respect o a number o
gas, power and coal projects.
•Apolicytoencourageexplorationand production o shale gas will be
announced.
•Inthemediumtolongterm,needto
reduce dependence on imported coal
has been identied.
•Aproposalhasbeenmadetodevisea
PPP policy ramework with Coal India
Limited as one o the partners.
•Benetsorpreferencesenjoyedby
MSME to continue upto three years
ater they grow out o this category.
•MinistryofCorporateAffairstonotify
that unds provided to technology
incubators located within academic
Institutions and approved by the
Ministry o Science and Technology or
Ministry o MSME will qualiy as CSR
expenditure.
•Chennai-BengaluruIndustrialCorridor
to be developed.
•Preparatoryworkcommencedfor
Bengaluru-Mumbai Industrial Corridor.
Environment
•‘Generation-basedincentive’reintro-
duced or wind energy projects.
Entertainment
•ProposaltoexpandprivateFMradio
services to 294 more cities.
•Around839newFMradiochannels
will be auctioned in 2013-14 and ater
the auction, all cities having a popu-
lation o exceeding 100,000 will be
covered by private FM radio services.
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Glossary
AAR – Authority or Advance Rulings
Act – Income tax Act, 1961
AIF – Alternative Investment Fund
AIF Regulations – SEBI (Alternative Investment
Funds) Regulations, 2012
AMT – Alternate Minimum Tax
AO – Assessing Ocer
AP – Approving Panel
BCD – Basic Customs Duty
CBDT – Central Board o Direct Taxes
CCIT – Chie Commissioner o Income Tax
CIF – Cost, Insurance and Freight
CIT – Commissioner o Income Tax
CST – Central Sales Tax
CTT – Commodities Transaction TaxCSR – Corporate Social Responsibility
CVD – Countervailing duty
DDT –Dividend Distribution Tax
DTC – Direct Taxes Code
FDI – Foreign Direct Investment
FII – Foreign Institutional Investor
GAAR – General Anti-Avoidance Rule
GST – Goods and Services Tax
HUF – Hindu Undivided Family
IRDA – Insurance Regulatory and Development
Authority
KYC – Know Your Customers
LIC – Lie Insurance Corporation o India
LLP – Limited Liability Partnership
MAT – Minimum Alternate Tax
MSME – Micro Small and Medium Enterprises
PPP – Public Private Partnership
RBI – Reserve Bank o India
SEBI – Securities and Exchange Board o India
SIDBI – Small Industries Development Bank o India
SME – Small and Medium Enterprises
STT – Securities Transaction Tax
SUV – Sports Utility VehicleTDS – Tax deducted at Source
TRC – Tax Residency Certicate
VCC – Venture Capital Company
VCF – Venture Capital Fund
VCF Regulations – SEBI (Venture Capital Fund)
Regulations, 1996
VCU – Venture Capital Undertaking
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S t a t e o f t
h e E c o n o m y
B u d g e t H i g h l i g h t s
B u d g e t P r o p o s a l s - D i r e c t T a x e s
B u d g e t P r o p o s a l s - I n d i r e c t T a x e s
P o l i c
y P r o p o s a l s
G l o s s a r y
C o n t a c t s
Contacts
Mumbai
IndiaBulls Financial Centre
Tower 3, 27th-32nd Floor,
Senapati Bapat Marg,
Elphinstone Road (W),
Mumbai – 400013
Tel: + 91 (022) 6185 4100
Fax: + 91 (022) 6185 4101
Bangalore
Deloitte Centre, Anchorage II,
100/2, Richmond Road,
Bangalore – 560 025
Tel: +91 (080) 6627 6000
Fax: +91 (080) 6627 6409
Delhi NCR
Building 10, Tower B,
7th Floor, DLF Cyber City,Gurgaon – 122 002
Tel : +91 (0124) 679 2000
Fax : + 91 (0124) 679 2012
Chennai
No.52, Venkatanarayana Road,
7th Floor, ASV N Ramana Tower,
T-Nagar, Chennai – 600 017
Tel: +91 (044) 6688 5000
Fax: +91 (044) 6688 5019
Kolkata
Bengal Intelligent Park Building,Alpha, 1st foor, Plot No –A2,
M2 & N2, Block – EP &
GP Sector – V,
Salt Lake Electronics Complex,
Kolkata – 700 091
Tel : + 91 (033) 6612 1000
Fax : + 91 (033) 6612 1001
Ahmedabad
“Heritage” 3rd Floor, Near GujaratVidyapith, O Ashram Road,
Ahmedabad – 380 014
Tel: + 91 (079) 2758 2542
Fax: + 91 (079) 2758 2551
Hyderabad
1-8-384 & 385, 3rd Floor,
Gowra Grand S.P. Road,
Begumpet,
Secunderabad – 500 003
Tel: +91 (040) 4031 2600
Fax:+91 (040) 4031 2714
VadodaraChandralok, 31, Nutan
Bharat Society,
Alkapuri, Vadodara – 390 007
Tel: + 91 (0265) 233 3776
Fax: +91 (0265) 233 9729
Pune
706, ICC Trade Tower,
B Wing, 7th Floor,
Senapati Bapat Road,Pune – 411016
Tel : +91 (020) 6624 4600
Fax : + 91 (020) 6624 4605
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