THE FINANCE BILL, 2018
A
BILL
to give effect to the financial proposals of the Central Government for the
financial year 2018-2019.
BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as
follows:—
CHAPTER I
PRELIMINARY
Short title and commencement.
1. (1) This Act may be called the Finance Act, 2018.
(2) Save as otherwise provided in this Act, sections 2 to 53
shall come into force on the 1st day of April, 2018.
CHAPTER IV
INDIRECT TAXES
Customs
Substitution of references to certain expressions by certain other expressions.
54. Throughout the Customs Act, 1962
(hereinafter referred to as the Customs Act), for the words “import manifest”
and “export manifest”, wherever they occur, the words “arrival manifest or
import manifest” and “departure manifest or export manifest” shall,
respectively, be substituted, and such other consequential amendments as the
rules of grammar may require shall also be made.
5 (52 of 1962.)
Amendment of section 1.
55. In the Customs Act, in section 1, in sub-section (2), after the word
“India”, the words “and, save as otherwise provided in this Act, it applies also
to any offence or contravention there under committed outside India by any
person” shall be inserted.
Amendment of section 2.
56. In the Customs Act, in
section 2,––
(i) for clause (2), the following clause shall be substituted, namely:—
‘(2) “assessment” means determination of the dutiability of any goods and the amount of duty, tax, cess or any other sum so payable, if any, under this Act or under the Customs Tariff Act, 1975 (hereinafter referred to as the Customs Tariff Act) or under any other law for the time being in force, with reference to––
(a) the tariff classification of
such goods as determined in accordance with the provisions of the Customs Tariff
Act;
(b) the value of such goods as determined in accordance with the provisions of
this Act and the Customs Tariff Act;
(c) exemption or concession of duty, tax, cess or any other sum, consequent upon
any notification issued therefor under this Act or under the Customs Tariff Act
or under any other law for the time being in force;
(d) the quantity, weight, volume, measurement or other specifics where such
duty, tax, cess or any other sum is leviable on the basis of the quantity,
weight, volume, measurement or other specifics of such goods;
(e) the origin of such goods determined in accordance with the provisions of the
Customs Tariff Act or the rules made thereunder, if the amount of duty, tax,
cess or any other sum is affected by the origin of such goods;
(f) any other specific factor which affects the duty, tax, cess or any other sum
payable on such goods,
and includes provisional assessment, self-assessment, re-assessment and
any assessment in which the duty assessed is nil;’;
(ii) in clause (6), for the words “Central Board of Excise and Customs”, the
words “Central Board of Indirect Taxes and Customs” shall be substituted;
(iii) in clause (28), for the words and figure “contiguous zone of India under
section 5”, the words and figure “Exclusive Economic Zone under section 7” shall
be substituted;
(iv) after clause (30A), the following clause shall be inserted, namely:––
‘(30AA) “notification” means notification published in the Official Gazette and
the expression “notify” with its cognate meaning and grammatical variation shall
be construed accordingly;’.
Amendment of section 11.
57. In the Customs Act, in section 11, after sub-section (2), the following
sub-section shall be inserted with effect from such date as the Central
Government may, by notification in the Official Gazette, appoint, namely:––
“(3) Any prohibition or restriction or obligation relating to import or export
of any goods or class of goods or clearance thereof provided in any other law
for the time being in force, or any rule or regulation made or any order or
notification issued thereunder, shall be executed under the provisions of that
Act only if such prohibition or restriction or obligation is notified under the
provisions of this Act, subject to such exceptions, modifications or adaptations
as the Central Government deems fit.”.
Amendment of section 17.
58. In the Customs Act, in section 17,—
(i) in sub-section (2),––
(a) for the words “the self-assessment of such goods”, the words, figures
and brackets “the entries made under section 46 or section 50 and the
self-assessment of goods referred to in subsection (1)” shall be substituted;
(b) the following proviso shall be inserted, namely:—
“Provided that the selection of cases for verification shall primarily be on
the basis of risk evaluation through appropriate selection criteria.”;
(ii) in sub-section (3), for the words “verification of self-assessment”,
the words “the purposes of verification” shall be substituted;
(iii) in sub-section (5), the words “regarding valuation of goods,
classification, exemption or concessions of duty availed consequent to
any notification issued therefor under this Act” shall be omitted;
(iv) sub-section (6) shall be omitted
Amendment of section 18.
59. In the Customs Act, in section 18,—
(i) in sub-section (1), in the opening portion, after the word and figures
“section 46”, the words and figures “and section 50” shall be inserted;
(ii) after sub-section (1), the following sub-section shall be inserted,
namely:—
“(1A) Where, pursuant to the provisional assessment under sub-section (1), if
any document or information is required by the proper officer for final
assessment, the importer or exporter, as the case may be, shall submit such
document or information within such time, and the proper officer shall finalise
the provisional assessment within such time and in such manner, as may be
prescribed.’’;
(iii) in sub-section (3), for the figures and letters “28AB”, the figures and
letters “28AA” shall be substituted and shall be deemed to have been substituted
retrospectively with effect from the 8th day of April, 2011.
Insertion of new sections 25A and 25B. Inward processing of goods
60. In the Customs Act, after section 25, the following sections shall be
inserted, namely:—
“25A. Where the Central Government is satisfied that it is necessary in the
public interest so to do, it may, by notification, exempt such of the goods
which are imported for the purposes of repair, further processing or
manufacture, as may be specified therein, from the whole or any part of duty of
customs leviable thereon, subject to the following conditions, namely:––
(a) the goods shall be re-exported after such repair, further processing or
manufacture, as the case may be, within a period of one year from the date on
which the order for clearance of the imported goods is made;
(b) the imported goods are identifiable in the export goods; and
(c) such other conditions as may be specified in that notification
Outward processing of goods.
25B. Notwithstanding anything contained in section 20, where the Central
Government is satisfied that it is necessary in the public interest so to do, it
may, by notification, exempt such of the goods which are re-imported after being
exported for the purposes of repair, further processing or manufacture, as may
be specified therein, from the whole or any part of duty of customs leviable
thereon, subject to the following conditions, namely:––
(a) the goods shall be re-imported into India after such repair, further
processing or manufacture, as the case may be, within a period of one year from
the date on which the order permitting clearance for export is made;
(b) the exported goods are identifiable in the re-imported goods; and
(c) such other conditions as may be specified in that notification.”.
Amendment of section 28.
61. In the Customs Act, in section 28,––
(i) in sub-section (1), in clause (a), the following proviso shall be inserted,
namely:—
“Provided that before issuing notice, the proper officer shall hold pre-notice
consultation with the person chargeable with duty or interest in such manner as
may be prescribed;”;
(ii) after sub-section (7), the following sub-section shall be inserted,
namely:—
“(7A) Save as otherwise provided in clause (a) of sub-section (1) or in
sub-section (4), the proper officer may issue a supplementary notice under such
circumstances and in such manner as may be prescribed, and the provisions of
this section shall apply to such supplementary notice as if it was issued under
the said sub-section (1) or sub-section (4).”;
(iii) in sub-section (9),––
(a) the words “where it is possible to do so”, at both the places where they
occur, shall be omitted;
(b) the following provisos shall be inserted, namely:––
“Provided that where the proper officer fails to so determine within the
specified period, any officer senior in rank to the proper officer may, having
regard to the circumstances under which the proper officer was prevented from
determining the amount of duty or interest under sub-section (8), extend the
period specified in clause (a) to a further period of six months and the period
specified in clause (b) to a further period of one year:
Provided further that where the proper officer fails to determine within such
extended period, such proceeding shall be deemed to have concluded as if no
notice had been issued.”;
(iv) after sub-section (9), the following sub-section shall be inserted,
namely:––
“(9A) Notwithstanding anything contained in sub-section (9), where the proper
officer is unable to determine the amount of duty or interest under sub-section
(8) for the reason that––
(a) an appeal in a similar matter of the same person or any other person is
pending before the Appellate Tribunal or the High Court or the Supreme Court; or
(b) an interim order of stay has been issued by the Appellate Tribunal or the
High Court or the Supreme Court; or
(c) the Board has, in a similar matter, issued specific direction or order to
keep such matter pending; or
(d) the Settlement Commission has admitted an application made by the person
concerned, the proper officer shall inform the person concerned the reason for
non-determination of the amount of duty or interest under sub-section (8) and in
such case, the time specified in subsection (9) shall apply not from the date of
notice, but from the date when such reason ceases to exist.”;
(v) after sub-section (10), the following sub-sections shall be inserted,
namely:––|
“(10A) Notwithstanding anything contained in this Act, where an order for refund
under sub-section (2) of section 27 is modified in any appeal and the amount of
refund so determined is less than the amount refunded under said sub-section,
the excess amount so refunded shall be recovered along with interest thereon at
the rate fixed by the Central Government under section 28AA, from the date of
refund up to the date of recovery, as a sum due to the Government.
(10B) A notice issued under sub-section (4) shall be deemed to have been issued
under subsection (1), if such notice demanding duty is held not sustainable in
any proceeding under this Act, including at any stage of appeal, for the reason
that the charges of collusion or any wilful mis-statement or suppression of
facts to evade duty has not been established against the person to whom such
notice was issued and the amount of duty and the interest thereon shall be
computed accordingly.”;
(vi) after Explanation 3, the following Explanation shall be inserted, namely:––
“Explanation 4.––For the removal of doubts, it is hereby declared that in cases
where notice has been issued for non-levy, not paid, short-levy or short-paid or
erroneous refund after the 14th day of May, 2015, but before the date on which
the Finance Bill, 2018 receives the assent of the President, they shall continue
to be governed by the provisions of section 28 as it stood immediately before
the date on which such assent is received.”
Amendment of section 28E.
62. In the Customs Act, in section 28E,—
(i) clause (a) shall be omitted;
(ii) for clause (b), the following clause shall be substituted, namely:––
‘(b) “advance ruling” means a written decision on any of the questions referred
to in section 28H raised by the applicant in his application in respect of any
goods prior to its importation or exportation;’;
(iii) after clause (b), the following clause shall be inserted, namely:––
‘(ba) “Appellate Authority” means the Authority for Advance Rulings constituted
under section 245-O of the Income-tax Act, 1961;’;
(iv) for clause (c), the following clause shall be substituted, namely:––
‘(c) “applicant” means any person,––
(i) holding a valid Importer-exporter Code Number granted under section 7 of the
Foreign Trade (Development and Regulation) Act, 1992; or
(ii) exporting any goods to India; or
(iii) with a justifiable cause to the satisfaction of the Authority,
who makes an application for advance ruling under section 28H;’;
(v) for clause (e), the following clause shall be substituted, namely:—
‘(e) “Authority” means the Customs Authority for Advance Rulings appointed under
section 28EA;’;
(vi) in clause (f), for the word “Authority”, the words “Appellate Authority”
shall be substituted;
(vii) in clause (g), for the word “Authority”, the words “Appellate Authority”
shall be substituted.
Insertion of new section 28EA.
63. In the Customs Act, after section 28E, the following section shall be
inserted, namely:––
Customs Authority for Advance Rulings.
‘‘28EA. (1) The Board may, for the purposes of giving advance rulings under
this Act, by notification, appoint an officer of the rank of Principal
Commissioner of Customs or Commissioner of Customs to function as a Customs
Authority for Advance Rulings:
Provided that till the date of appointment of the Customs Authority for Advance
Rulings, the existing Authority for Advance Rulings constituted under section
245-O of the Income-tax Act, 1961 shall continue to be the Authority for giving
advance rulings for the purposes of this Act.
(2) The offices of the Authority may be established in New Delhi and at such
other places, as the Board may deem fit.
(3) Subject to the provisions of this Act, the Authority shall exercise the
powers and authority conferred on it by or under this Act.’’.
Amendment of section 28F.
64. In the Customs Act, in section 28F,—
(i) in sub-section (1),––
(a) in the opening paragraph, for the words “the Authority for giving advance
rulings for the purposes of this Act and the said Authority”, the words “the
Appellate Authority for deciding appeal under this Chapter and the said
Appellate Authority” shall be substituted;
(b) in the proviso, for the word “Authority”, the words “Appellate Authority”
shall be substituted;
(ii) after sub-section (2), the following sub-section shall be inserted,
namely:—
“(3) On and from the date of appointment of the Customs Authority for Advance
Rulings, every application and proceeding pending before the erstwhile Authority
for Advance Rulings shall stand transferred to the Authority from the stage at
which such application or proceeding stood as on the date of such appointment.”.
Amendment of section 28H.
65. In the Customs Act, in section 28H,––
(i) in sub-section (2),––
(a) for clause (d), the following clause shall be substituted, namely:––
“(d) applicability of notifications issued in respect of tax or duties under
this Act or the Customs Tariff Act, 1975 or any tax or duty chargeable under any
other law for the time being in force in the same manner as duty of customs
leviable under this Act or the Customs Tariff Act;”;
(b) after clause (e), the following clause shall be inserted, namely:—
“(f) any other matter as the Central Government may, by notification, specify.”;
(ii) after sub-section (4), the following sub-section shall be inserted,
namely:—
‘(5) The applicant may be represented by any person resident in India who is
authorised in this behalf.
Explanation.––For the purposes of this sub-section “resident” shall have the
same meaning as assigned to it in clause (42) of section 2 of the Income-tax
Act, 1961.’.
Amendment of section 28-I.
66. In the Customs Act, in section 28-I, in sub-section (6), for the words
“six months”, the words “three months” shall be substituted.
Amendment of section 28K.
67. In the Customs Act, in section 28K, in sub-section (1),––
(i) the brackets and words “(after excluding the period beginning with the date
of such advance ruling and ending with the date of order under this
sub-section)” shall be omitted;
(ii) the following proviso shall be inserted, namely:—
“Provided that in computing the period of two years referred to in clause (a) of
sub-section (1) of section 28, or five years referred to in sub-section (4)
thereof, for service of notice for recovery of any duty not levied,
short-levied, not paid or short-paid on account of the advance ruling, the
period beginning with the date of such advance ruling and ending with the date
of the order under this sub-section shall be excluded.”.
Insertion of new section 28KA
68. In the Customs Act, after section 28K, the following section
shall be inserted with effect from such date as the Central Government may, by
notification, appoint, namely:—
Appeal.
“28KA. (1) Any officer authorised by the Board, by notification, or the
applicant may file an appeal to the Appellate Authority against any ruling or
order passed by the Authority, within sixty days from the date of the
communication of such ruling or order, in such form and manner as may be
prescribed:
Provided that where the Appellate Authority is satisfied that the appellant was
prevented by sufficient cause from presenting the appeal within the period so
specified, it may allow a further period of thirty days for filing such appeal.
(2) The provisions of section 28-I and 28J shall, mutatis mutandis, apply to the
appeal under this section.’’.
Amendment of section 28L
69. In the Customs Act, in section 28L, for the word “Authority” wherever it
occurs, the words “Authority or Appellate Authority” shall be substituted.
Substitution of new section for section 28M.
70. In the Customs Act, for section 28M, the following section shall be
substituted, namely:––
Procedure for Authority and Appellate Authority.
“28M. (1) The Authority shall follow such procedure as may be prescribed.
(2) The Appellate Authority shall, subject to the provisions of this Chapter,
have power to regulate its own procedure in all matters arising out of the
exercise of its powers and authority under this Act.”.
Amendment of section 30
71. In the Customs Act, in section 30, in sub-section (1),––
(i) after the words “imported goods”, the words “or export goods” shall be
inserted;
(ii) for the words “the prescribed form”, the words “such form and manner as may
be prescribed” shall be substituted.
Amendment of section 41.
72. In the Customs Act, in section 41, in sub-section (1),––
(i) after the words “export goods”, the words “or imported goods” shall be
inserted;
(ii) for the words “the prescribed form”, the following shall be substituted,
namely:—
“such form and manner as may be prescribed and in case, the person-in-charge
fails to deliver the departure manifest or export manifest or the export report
or any part thereof within such time, and the proper officer is satisfied that
there is no sufficient cause for such delay, such person-in-charge shall be
liable to pay penalty not exceeding fifty thousand rupees”.
Amendment of section 45.
73. In the Customs Act, in section 45, in sub-section (2), in clause (b),
after the words “proper officer”, the words “or in such manner as may be
prescribed” shall be inserted.
Amendment of section 46.
74. In the Customs Act, in section 46,––
(i) in sub-section (1),––
(a) after the word “electronically”, at both the places where it occurs, the
words “on the customs automated system” shall be inserted;
(b) for the words “in the prescribed form”, the words “in such form and
manner as may be prescribed” shall be substituted;
(ii) in sub-section (3), in the first proviso, for the words “within thirty days
of”, the words “at any time not exceeding thirty days prior to” shall be
substituted;
(iii) in sub-section (4), for the words “relating to the imported goods”, the
words “and such other documents relating to the imported goods as may be
prescribed” shall be substituted;
(iv) after sub-section (4), the following sub-section shall be inserted,
namely:—
“(4A) The importer who presents a bill of entry shall ensure the following,
namely:––
(a) the accuracy and completeness of the information given therein;
(b) the authenticity and validity of any document supporting it; and
(c) compliance with the restriction or prohibition, if any, relating to the
goods under this Act or under any other law for the time being in force.”.
Amendment of section 47.
75. In the Customs Act, in section 47, in sub-section (1), in the proviso,
for the words “Provided that”, the following shall be substituted, namely:––
“Provided that such order may also be made electronically through the customs
automated system on the basis of risk evaluation through appropriate selection
criteria: Provided further that”.
Amendment of section 50.
76. In the Customs Act, in section 50,—
(i) in sub-section (1),––
|(a) after the word “electronically”, at both the places where it occurs, the
words “on the customs automated system” shall be inserted;
(b) for the words “in the prescribed form”, the words “in such form and manner
as may be prescribed” shall be substituted;
(ii) after sub-section (2), the following sub-section shall be inserted,
namely:—
“(3) The exporter who presents a shipping bill or bill of export under this
section shall ensure the following, namely:––
(a) the accuracy and completeness of the information given therein;
(b) the authenticity and validity of any document supporting it; and
(c) compliance with the restriction or prohibition, if any, relating to the
goods under this Act or under any other law for the time being in force.”.
Amendment of section 51.
77. In the Customs Act, in section 51, in sub-section (1), in the proviso,
for the words “Provided that”, the following shall be substituted, namely:––
“Provided that such order may also be made electronically through the customs
automated system on the basis of risk evaluation through appropriate selection
criteria:
Provided further that”
Insertion of new Chapter VIIA.
78. In the Customs Act, after Chapter VII, the following Chapter shall be
inserted with effect from such date as the Central Government may, by
notification in the Official Gazette, appoint, namely:––
“CHAPTER VIIA
PAYMENTS THROUGH ELECTRONIC CASH LEDGER
Payment of duty, interest,
penalty, etc.
51A. (1) Every deposit made towards duty, interest, penalty, fee or any
other sum payable by a person under the provisions of this Act or under the
Customs Tariff Act, 1975 or under any other law for the time being in force or
the rules and regulations made thereunder, using authorised mode of payment
shall, subject to such conditions and restrictions, be credited to the
electronic cash ledger of such person, to be maintained in such manner, as may
be prescribed.
(2) The amount available in the electronic cash ledger may be used for
making any payment towards duty, interest, penalty, fees or any other sum
payable under the provisions of this Act or under the Customs Tariff Act, 1975
or under any other law for the time being in force or the rules and regulations
made thereunder in such manner and subject to such conditions and within such
time as may be prescribed.
(3) The balance in the electronic cash ledger, after payment of duty, interest,
penalty, fee or any other amount payable, may be refunded in such manner as may
be prescribed.
(4) Notwithstanding anything contained in this section, if the Board is
satisfied that it is necessary or expedient so to do, it may, by notification,
exempt the deposits made by such class of persons or with respect to such
categories of goods, as may be specified in the notification, from all or any of
the provisions of this section.”.
Amendment of section 54.
79. In the Customs Act, in section 54, in sub-section (1),––
(i) for the words “the prescribed form”, the words “such form and manner as may
be prescribed” shall be substituted;
(ii) in the proviso, for the words “the prescribed form”, the words “such form
and manner as may be prescribed” shall be substituted.
Amendment of section 60.
80. In the Customs Act, in section 60, in sub-section (1), the following
proviso shall be inserted, namely:––
“Provided that such order may also be made electronically through the customs
automated system on the basis of risk evaluation through appropriate selection
criteria.”.
Amendment of section 68.
81. In the Customs Act, in section 68,––
(a) in the first proviso, for the words “Provided that”, the following shall be
substituted, namely:—
“Provided that the order referred to in clause (c) may also be made
electronically through the customs automated system on the basis of risk
evaluation through appropriate selection criteria: Provided further that”;
(b) in the second proviso, for the words “Provided further that”, the words
“Provided also that” shall be substituted.
Amendment of section 69.
82. In the Customs Act, in section 69, in sub-section (1), the following
proviso shall be inserted, namely:––
“Provided that the order referred to in clause (c) may also be made
electronically through the customs automated system on the basis of risk
evaluation through appropriate selection criteria.”.
Amendment of section 74
83. In the Customs Act, in section 74, in sub-section (1), in clause (iii),
for the word and figures “section 82”, the words, brackets, letter and figures
“clause (a) of section 84” shall be substituted.
Amendment of section 75
84. In the Customs Act, in section 75, in sub-section (1), for the word and
figures “section 82”, the words, brackets, letter and figures “clause (a) of
section 84” shall be substituted.
Amendment of Chapter heading.
85. In the Customs Act, in Chapter XI, in the heading, for the word “POST”,
the words “POST, COURIER” shall be substituted.
Amendment of section 83.
86. In the Customs Act, in section 83,––
(a) for the word “post”, wherever it occurs, the words “post or courier” shall
be substituted;
(b) for the words “postal authorities” at both the places where they occur, the
words “postal authorities or the authorised courier” shall be substituted.
Amendment of section 84.
87. In the Customs Act, in section 84, for the word “post”, wherever it
occurs, the words “post or courier” shall be substituted.
Insertion of new Chapter XIIA.
88. In the Customs Act, after Chapter XII, the following Chapter shall be
inserted, namely:––
‘CHAPTER XIIA
AUDIT
99A. The proper officer may carry
out the audit of assessment of imported goods or export goods or of an auditee
under this Act either in his office or in the premises of the auditee in such
manner as may be prescribed.
Explanation.––For the purposes of this section, “auditee” means a person who is
subject to an audit under this section and includes an importer or exporter or
custodian approved under section 45 or licensee of a warehouse and any other
person concerned directly or indirectly in clearing, forwarding, stocking,
carrying, selling or purchasing of imported goods or export goods or dutiable
goods.’.
Insertion of new section 109A.
89. In the Customs Act, after section 109, the following section shall be
inserted, namely:––
Power to undertake controlled delivery.
‘109A. Notwithstanding anything contained in this Act, the proper officer or
any other officer authorised by him in this behalf, may undertake controlled
delivery of any consignment of such goods and in such manner as may be
prescribed, to––
(a) any destination in India; or
(b) a foreign country, in consultation with the competent authority of such
country to which such consignment is destined. Explanation.––For the purposes of
this section “controlled delivery” means the procedure of allowing consignment
of such goods to pass out of, or into, the territory of India with the knowledge
and under the supervision of proper officer for identifying the persons involved
in the commission of an offence or contravention under this Act.’.
Amendment of section 110.
90. In the Customs Act, in section 110, in sub-section (2), for the proviso,
the following provisos shall be substituted, namely:–– “Provided that the
Principal Commissioner of Customs or Commissioner of Customs may, for reasons to
be recorded in writing, extend such period to a further period not exceeding six
months and inform the person from whom such goods were seized before the expiry
of the period so specified:
Provided further that where any order for provisional release of the seized
goods has been passed under section 110A, the specified period of six months
shall not apply.”.
Amendment of section 122.
91. In the Customs Act, in section 122, for clauses (b) and (c), the
following clause shall be substituted, namely:—
“(b) up to such limit, by such officers, as the Board may, by notification,
specify.”
Amendment of section 124
92. In the Customs Act, in section 124, after the proviso, the following
proviso shall be inserted, namely:––
“Provided further that notwithstanding issue of notice under this section, the
proper officer may issue a supplementary notice under such circumstances and in
such manner as may be prescribed.”
Amendment of section 125.
93. In the Customs Act, in section 125,––
(i) in sub-section (1), in the proviso, for the words “Provided that”, the
following shall be substituted, namely:––
“Provided that where the proceedings are deemed to be concluded under the
proviso to sub-section (2) of section 28 or under clause (i) of sub-section (6)
of that section in respect of the goods which are not prohibited or restricted,
the provisions of this section shall not apply: Provided further that”;
(ii) after sub-section (2), the following shall be inserted, namely:––
“(3) Where the fine imposed under sub-section (1) is not paid within a period of
one hundred and twenty days from the date of option given thereunder, such
option shall become void, unless an appeal against such order is pending.
Explanation.––For removal of doubts, it is hereby declared that in cases where
an order under sub-section (1) has been passed before the date on which the
Finance Bill, 2018 receives the assent of the President and no appeal is pending
against such order as on that date, the option under said sub-section may be
exercised within a period of one hundred and twenty days from the date on which
such assent is received.”.
Amendment of section 128A.
94. In the Customs Act, in section 128A, in sub-section (3), for the words
“just and proper, confirming, modifying or annulling the decision or order
appealed against”, the following shall be substituted, namely:––
“just and proper,––
(a) confirming, modifying or annulling the decision or order appealed against;
or
(b) referring the matter back to the adjudicating authority with directions for
fresh adjudication or decision, as the case may be, in the following cases,
namely:—
(i) where an order or decision has been passed without following the principles
of natural justice; or
(ii) where no order or decision has been passed after re-assessment under
section 17; or
(iii) where an order of refund under section 27 has been issued by crediting the
amount to Fund without recording any finding on the evidence produced by the
applicant.”.
Insertion of new section 143AA.
95. In the Customs Act, after section 143, the following section shall be
inserted, namely:—
Power to simplify or provide different procedure, etc., to facilitate trade.
“143AA. Notwithstanding anything contained in any other provision of this
Act, the Board may, for the purposes of facilitation of trade, take such
measures or prescribe separate procedure or documentation for a class of
importers or exporters or for categories of goods or on the basis of the modes
of transport of goods, in order to,—
(a) maintain transparency in the import and export documentation; or
(b) expedite clearance or release of goods entered for import or export; or
(c) reduce the transaction cost of clearance of importing or exporting goods; or
(d) maintain balance between customs control and facilitation of legitimate
trade.”.
Insertion of new section 151B.
96. In the Customs Act, after section 151A, the following section shall be
inserted, namely:—
Reciprocal arrangement for exchange of information facilitating trade.
‘151B. (1) The Central Government may enter into an agreement or any other
arrangement with the Government of any country outside India or with such
competent authorities of that country, as it deems fit, for facilitation of
trade, enforcing the provisions of this Act and exchange of information for
trade facilitation, effective risk analysis, verification of compliance and
prevention, combating and investigation of offences under the provisions of this
Act or under the corresponding laws in force in that country. (2) The Central
Government may, by notification, direct that the provisions of this section
shall apply to the contracting State with which reciprocal agreement or
arrangements have been made, subject to such conditions, exceptions or
qualifications as may be specified in that notification.
(3) Subject to the provisions of sub-section (2), the information received under
sub-section (1) may also be used as evidence in investigations and proceedings
under this Act.
(4) Where the Central Government has entered into a multilateral agreement for
exchange of information or documents for the purpose of verification of
compliance in identified cases, the Board shall specify the procedure for such
exchange, the conditions subject to which such exchange shall be made and
designation of the person through whom such information shall be exchanged. (5)
Notwithstanding anything contained in sub-section (1) or sub-section (2) or
sub-section (3), anything done or any action taken or purported to have been
done or taken, in pursuance to any agreement entered into or any other
arrangement made by the Central Government prior to the date on which the
Finance Bill, 2018 receives the assent of the President, shall be deemed to have
been done or taken under the provisions of this section.
Explanation.––For the purposes of this section, the expressions,––
(i) “contracting State” means any country outside India in respect of which
agreement or arrangements have been made by the Central Government with the
Government or authority of such country through an agreement or otherwise;
(ii) “corresponding law” means any law in force in the contracting State
corresponding to any of the provisions of this Act or dealing with offences in
that country corresponding to any of the offences under this Act.’.
Substitution of new section for section 153.
97. In the Customs Act, for section 153, the following section shall be
substituted, namely:––
Modes for service of notice, order,etc.
“153. (1) An order, decision, summons, notice or any other communication
under this Act or the rules made thereunder may be served in any of the
following modes, namely:—
(a) by giving or tendering it directly to the addressee or importer or exporter
or his customs broker or his authorised representative including employee,
advocate or any other person or to any adult member of his family residing with
him;
(b) by a registered post or speed post or courier with acknowledgement due,
delivered to the person for whom it is issued or to his authorised
representative, if any, at his last known place of business or residence;
(c) by sending it to the e-mail address as provided by the person to whom it is
issued, or to the e-mail address available in any official correspondence of
such person;
(d) by publishing it in a newspaper widely circulated in the locality in which
the person to whom it is issued is last known to have resided or carried on
business; or
(e) by affixing it in some conspicuous place at the last known place of business
or residence of the person to whom it is issued and if such mode is not
practicable for any reason, then, by affixing a copy thereof on the notice board
of the office or uploading on the official website, if any.
(2) Every order, decision, summons, notice or any communication shall be deemed
to have been served on the date on which it is tendered or published or a copy
thereof is affixed or uploaded in the manner provided in sub-section (1).
(3) When such order, decision, summons, notice or any communication is sent by
registered post or speed post, it shall be deemed to have been received by the
addressee at the expiry of the period normally taken by such post in transit
unless the contrary is proved.”.
Amendment of section 157.
98. In the Customs Act, in section 157, in sub-section (2),––
(i) in clause (a), after the word “form”, the words “and manner to deliver or
present” shall be inserted;
(ii) for clause (d), the following clauses shall be substituted, namely:––
“(d) the time and manner of finalisation of provisional assessment;
(e) the manner of conducting pre-notice consultation;
(f) the circumstances under which, and the manner in which, supplementary notice
may be issued;
(g) the form and manner in which an application for advance ruling or appeal
shall be made, and the procedure for the Authority, under Chapter VB;
(h) the manner of clearance or removal of imported or export goods;
(i) the documents to be furnished in relation to imported goods;
(j) the conditions, restrictions and the manner of making deposits in electronic
cash ledger, the utilisation and refund therefrom and the manner of maintaining
such ledger;
(k) the manner of conducting audit;
(l) the goods for controlled delivery and the manner thereof;
(m) the measures and separate procedure or documentation for a class of
importers or exporters or categories of goods or on the basis of the modes of
transport of goods.”.
Amendment of notification issued under sub-section (1) of section 25 of
Customs Act and sub-section (12) of section 3 of Customs Tariff Act,
retrospectively.
99. (1) The notification of the Government of India in the Ministry of
Finance (Department of Revenue) number G.S.R. 850 (E), dated the 8th July, 2017,
amending the notification number G.S.R. 785 (E), dated the 30th June, 2017 which
was issued in exercise of the powers conferred by sub-section (1) of section 25
of the Customs Act, 1962 and sub-section (12) of section 3 of the Customs Tariff
Act, 1975, shall be deemed to have, and always to have, for all purposes, come
into force on and from the 1st day of July, 2017.
(2) Refund shall be made of all such integrated tax which has been collected,
but which would not have been so collected, had the amendement made vide the
notification referred to in sub-section (1) been in force at all material times:
Provided that an application for claim of integrated tax shall be made within a
period of six months from the date on which the Finance Bill, 2018 receives
assent of the President.
Customs Tariff
Amendment of Customs Tariff Act,
1975.
100. In the Customs Tariff Act, 1975 (hereinafter referred to as the Customs
Tariff Act), in section 3,––
(i) in sub-section (7), after the word, brackets and figure “sub-section (8)”,
the words, brackets, figure and letter “or sub-section (8A), as the case may be”
shall be inserted;
(ii) after sub-section (8), the following sub-section shall be inserted,
namely:—
‘(8A) Where the goods deposited in a warehouse under the provisions of the
Customs Act, 1962 are sold to any person before clearance for home consumption
or export under the said Act, the value of such goods for the purpose of
calculating the integrated tax under sub-section (7) shall be,—
(a) where the whole of the goods are sold, the value determined under
sub-section (8) or the transaction value of such goods, whichever is higher; or
(b) where any part of the goods is sold, the proportionate value of such goods
as determined under sub-section (8) or the transaction value of such goods,
whichever is higher:
Provided that where the whole of the warehoused goods or any part thereof are
sold more than once before such clearance for home consumption or export, the
transaction value of the last such transaction shall be the transaction value
for the purposes of clause (a) or clause (b):
Provided further that in respect of warehoused goods which remain unsold, the
value or the proportionate value, as the case may be, of such goods shall be
determined in accordance with the provisions of sub-section (8).
Explanation.–– For the purposes of this sub-section, the expression “transaction
value”, in relation to warehoused goods, means the amount paid or payable as
consideration for the sale of such goods.’;
(iii) in sub-section (9), after the word, brackets and figures “sub-section
(10)”, the words, brackets, figures and letter “or sub-section (10A), as the
case may be” shall be inserted;
(iv) after sub-section (10), the following sub-section shall be inserted,
namely:—
‘(10A) Where the goods deposited in a warehouse under the provisions of the
Customs Act, 1962 are sold to any person before clearance for home consumption
or export under the said Act, the value of such goods for the purpose of
calculating the goods and services tax compensation cess under sub-section (9)
shall be,––
(a) where the whole of the goods are sold, the value determined under
sub-section (10) or the transaction value of such goods, whichever is higher; or
(b) where any part of the goods is sold, the proportionate value of such goods
as determined under sub-section (10) or the transaction value of such goods,
whichever is higher:
Provided that where the whole of the warehoused goods or any part thereof are
sold more than once before such clearance for home consumption or export, the
transaction value of the last of such transaction shall be the transaction value
for the purposes of clause (a) or clause (b):
Provided further that in respect of warehoused goods which remain unsold, the
value or the proportionate value, as the case may be, of such goods shall be
determined in accordance with the provisions of sub-section (10).
Explanation.––For the purposes of this sub-section, the expression
“transaction value”, in relation to warehoused goods, means the amount paid or
payable as consideration for the sale of such goods.’.
Amendment of First Schedule.
101. In the Customs Tariff Act, the First Schedule,—
(a) shall be amended in the manner specified in the Second Schedule;
(b) shall also be amended in the manner specified in the Third Schedule.
Amendment of Second Schedule.
102. In the Customs Tariff Act,––
(a) in the Second Schedule, after Note 3, the following Note shall be inserted,
namely:––|
“4. In respect of all other goods which are not covered under column (2) of this
Schedule, the rate of duty shall be ‘Nil’.’;
(b) the Second Schedule shall be amended in the manner specified in the Fourth
Schedule.
Service tax
Special provision for exemption
from service tax in certain cases relating to life insurance services provided
by Naval Group Insurance Fund to personnel of Coast Guard, retrospectively.
103. (1) Notwithstanding anything contained in section 66, as it stood prior
to the 1st day of July, 2012, or in section 66B, as it stood prior to the 1st
day of July, 2017, of Chapter V of the Finance Act, 1994, as it stood prior to
its omission vide section 173 of the Central Goods and Services Tax Act, 2017
(hereinafter referred to as the said Chapter), no service tax shall be levied or
collected in respect of taxable services provided or agreed to be provided by
the Naval Group Insurance Fund by way of life insurance to personnel of Coast
Guard under the Group Insurance Schemes of the Central Government, during the
period commencing from the 10th day of September, 2004 and ending with the 30th
day of June, 2017 (both days inclusive).
(2) Refund shall be made of all such service tax which has been collected, but
which would not have been so collected, had sub-section (1) been in force at all
material times:
Provided that an application for the claim of refund of service tax shall be
made within a period of six months from the date on which the Finance Bill, 2018
receives the assent of the President.
(3) Notwithstanding the omission of the said Chapter, the provisions of the said
Chapter shall apply for refund under this section retrospectively as if the said
Chapter had been in force at all material times.
Special provision for exemption from service tax in certain cases relating to
services provided or agreed to be provided by Goods and Services Tax Network,
retrospectively.
104. (1) Notwithstanding anything contained in section 66B of Chapter V of
the Finance Act, 1994, as it stood prior to its omission vide section 173 of the
Central Goods and Services Tax Act, 2017 (hereinafter referred to as the said
Chapter), no service tax shall be levied or collected in respect of taxable
services provided or agreed to be provided by the Goods and Services Tax Network
to the Central Government or the State Government or the Union territory
Administration, during the period commencing from the 28th day of March, 2013
and ending with the 30th day of June, 2017 (both days inclusive).
(2) Refund shall be made of all such service tax which has been collected, but
which would not have been so collected, had sub-section (1) been in force at all
material times:
Provided that an application for the claim of refund of service tax shall be
made within a period of six months from the date on which the Finance Bill, 2018
receives the assent of the President.
(3) Notwithstanding the omission of the said Chapter, the provisions of the said
Chapter shall apply for refund under this section retrospectively as if the said
Chapter had been in force at all material times.
Special provision for retrospective exemption from service tax on
Government’s share of profit petroleum.
105. (1) Notwithstanding anything contained in section 66B of Chapter V of
the Finance Act, 1994, as it stood prior to its omission vide section 173 of the
Central Goods and Services Tax Act, 2017 (hereinafter referred to as the said
Chapter), no service tax, leviable on the consideration paid to the Government
in the form of Government’s share of profit petroleum, as defined in the
contract entered into by the Government in this behalf, shall be levied or
collected in respect of taxable services provided or agreed to be provided by
the Government by way of grant of license or lease to explore or mine petroleum
crude or natural gas or both, during the period commencing from the 1st day of
April, 2016 and ending with the 30th day of June, 2017 (both days inclusive).
(2) Refund shall be made of all such service tax which has been collected, but
which would not have been so collected, had sub-section (1) been in force at all
material times:
Provided that an application for the claim of refund of service tax shall be
made within a period of six months from the date on which the Finance Bill, 2018
receives the assent of the President.
(3) Notwithstanding the omission of the said Chapter, the provisions of the said
Chapter shall apply for refund under this section retrospectively as if the said
Chapter had been in force at all material times.
CHAPTER VI
SOCIAL WELFARE SURCHARGE
Social Welfare Surcharge on imported goods.
108. (1) There shall be levied and collected, in accordance with the
provisions of this Chapter, for the purposes of the Union, a duty of Customs, to
be called a Social Welfare Surcharge, on the goods specified in the First
Schedule to the Customs Tariff Act, 1975 (hereinafter referred to as the Customs
Tariff Act), being the goods imported into India, to fulfil the commitment of
the Government to provide and finance education, health and social security.
(2) The Central Government may, after due appropriation made by Parliament by
law in this behalf, utilise such sums of money of the Social Welfare Surcharge
levied under this Chapter for the purposes specified in sub-section (1), as it
may consider necessary.
(3) The Social Welfare Surcharge levied under sub-section (1), shall be
calculated at the rate of ten per cent. on the aggregate of duties, taxes and
cesses which are levied and collected by the Central Government in the Ministry
of Finance (Department of Revenue) under section 12 of the Customs Act, 1962 and
any sum chargeable on the goods specified in sub-section (1) under any other law
for the time being in force, as an addition to, and in the same manner as, a
duty of customs, but not including––
(a) the safeguard duty referred to in sections 8B and 8C of the Customs Tariff
Act;
(b) the countervailing duty referred to in section 9 of the Customs Tariff Act;
(c) the anti-dumping duty referred to in section 9A of the Customs Tariff Act;
(d) the Social Welfare Surcharge on imported goods levied under sub-section (1).
(4) The Social Welfare Surcharge on imported goods shall be in addition to any
other duties of customs or tax or cess chargeable on such goods, under the
Customs Act, 1962 or any other law for the time being in force.
(5) The provisions of the Customs Act, 1962 and the rules and regulations made
thereunder, including those relating to assessment, non-levy, short-levy,
refunds, exemptions, interest, appeals, offences and penalties shall, as far as
may be, apply in relation to the levy and collection of the Social Welfare
Surcharge on imported goods as they apply in relation to the levy and collection
of duties of customs on such goods under the Customs Act, 1962 or the rules or
the regulations, as the case may be.
CHAPTER VII
ROAD AND INFRASTRUCTURE CESS
Road and Infrastructure Cess on imported goods.
109. (1) There shall be levied and collected, in accordance with the
provisions of this Chapter, for the purposes of the Union, an additional duty of
customs, to be called the Road and Infrastructure Cess, on the goods specified
in the Sixth Schedule (hereinafter referred to as scheduled goods), being the
goods imported into India at the rates specified in the said Schedule for the
purpose of financing infrastructure projects.
(2) The additional duty of the customs referred to in sub-section (1) shall be
in addition to any other duties of customs chargeable on scheduled goods under
the Customs Act, 1962 or any other law for the time being in force.
(3) The provisions of the Customs Act, 1962 and the rules and regulations made
thereunder, including those relating to assessment, non-levy, short-levy,
refunds, exemptions, interest, appeals, offences and penalties shall, as far as
may be, apply in relation to the levy and collection of the additional duty of
customs leviable under this section in respect of scheduled goods as they apply
in relation to the levy and collection of the duties of customs on scheduled
goods under the said Act or the rules and regulations, as the case may be.
Road and Infrastructure Cess on excisable goods.
110. (1) There shall be levied and collected, in accordance with
the provisions of this Chapter, for the purposes of the Union, an additional
duty of excise, to be called the Road and Infrastructure Cess, on the goods
specified in the Sixth Schedule (hereinafter referred to as scheduled goods),
being the goods manufactured or produced, at the rates specified in the said
Schedule for the purpose of financing infrastructure projects.
(2) The cess leviable under sub-section (1), chargeable on the scheduled goods
shall be in addition to any other duties of excise chargeable on such goods
under the Central Excise Act, 1944 or any other law for the time being in force.
(3) The provisions of the Central Excise Act, 1944 and the rules made thereunder,
including those relating to assessment, non-levy, short-levy, refunds,
exemptions, interest, appeals, offences and penalties shall, as far as may be,
apply in relation to the levy and collection of the cess leviable under this
section in respect of scheduled goods as they apply in relation to the levy and
collection of the duties of excise on scheduled goods under the said Act or the
rules, as the case may be.
CHAPTER VIII
MISCELLANEOUS
PART XX
AMENDMENT TO THE CENTRAL GOODS AND SERVICES TAX ACT, 2017
Amendment of section 2 of Act 12 of 2017.
218. In the Central Goods and Services Tax Act, 2017, in section 2, in
clause (16), for the words “Central Board of Excise and Customs”, the words
“Central Board of Indirect Taxes and Customs” shall be substituted.
——————
Declaration under the Provisional Collection of Taxes Act, 1931
It is hereby declared that it is expedient in the public interest that the
provisions of clauses 101 (a), 102 (b), 108, 109 and 110 of this Bill shall have
immediate effect under the Provisional Collection of Taxes Act, 1931.
————————
THE FIRST SCHEDULE
(See section 2)
PART I
INCOME-TAX
Paragraph A
(I) In the case of every individual other than the individual referred to in items (II) and (III) of this Paragraph or Hindu undivided family or association of persons or body of individuals, whether incorporated or not, or every artificial juridical person referred to in sub-clause (vii) of clause (31) of section 2 of the Income-tax Act, not being a case to which any other Paragraph of this Part applies,—
Rates of income-tax
(1) | (1) where the total income does not exceed Rs. 2,50,000 | Nil; |
(2) | where the total income exceeds Rs. 2,50,000 but does not exceed Rs. 5,00,000 | 5 per cent. of the amount by which the total income exceeds Rs. 2,50,000; |
(3) | where the total income exceeds Rs. 5,00,000 but does not exceed Rs. 10,00,000 | Rs.12,500 plus 20 per cent. of the amount by which the total income exceeds Rs. 5,00,000; |
(4) | where the total income exceeds Rs. 10,00,000 | Rs. 1,12,500 plus 30 per cent. of the amount by which the total income exceeds Rs.10,00,000 |
(II) In the case of every individual, being a resident in India, who is of
the age of sixty years or more but less than eighty years at any time during the
previous year,—
(1) | where the total income does not exceed Rs. 3,00,000 | Nil; |
(2) | where the total income exceeds Rs. 3,00,000 but does not exceed Rs. 5,00,000 | 5 per cent. of the amount by which the total income exceeds Rs. 3,00,000; |
(3) | where the total income exceeds Rs. 5,00,000 but does not exceed Rs. 10,00,000 | Rs.10,000 plus 20 per cent. of the amount by which the total income exceeds Rs. 5,00,000; |
(4) | where the total income exceeds Rs. 10,00,000 | Rs. 1,10,000 plus 30 per cent. of the amount by which the total income exceeds Rs.10,00,000. |
(III) In the case of every individual, being a resident in India, who is of the age of eighty years or more at any time during the previous year,—
Rates of income-tax
(1) | where the total income does not exceed Rs. 5,00,000 | Nil; |
(2) | where the total income exceeds Rs. 5,00,000 but does not exceed Rs. 10,00,000 | 20 per cent. of the amount by which the total income exceeds Rs. 5,00,000; |
(3) | where the total income exceeds Rs. 10,00,000 | Rs. 1,00,000 plus 30 per cent. of the amount by which the total income exceeds Rs. 10,00,000. |
Surcharge on income-tax
The amount of income-tax computed in accordance with the
preceding provisions of this Paragraph, or the provisions of section 111A or
section 112 of the Income-tax Act, shall be increased by a surcharge for the
purposes of the Union, calculated, in the case of every individual or Hindu
undivided family or association of persons or body of individuals, whether
incorporated or not, or every artificial juridical person referred to in
sub-clause (vii) of clause (31) of section 2 of the Income-tax Act,—
(a) having a total income exceeding fifty lakh rupees but not exceeding one
crore rupees, at the rate of ten per cent. of such income-tax; and
(b) having a total income exceeding one crore rupees, at the rate of fifteen per
cent. of such income-tax: Provided that in the case of persons mentioned above
having total income exceeding,—
(a) fifty lakh rupees but not exceeding one crore rupees, the total amount
payable as income-tax and surcharge on such income shall not exceed the total
amount payable as income-tax on a total income of fifty lakh rupees by more than
the amount of income that exceeds fifty lakh rupees;
(b) one crore rupees, the total amount payable as income-tax and surcharge on
such income shall not exceed the total amount payable as income-tax and
surcharge on a total income of one crore rupees by more than the amount of
income that exceeds one crore rupees.
Paragraph B
In the case of every co-operative society,—
Rates of income-tax
(1) | where the total income does not exceed Rs.10,000 | 10 per cent. of the total income; |
(2) | where the total income exceeds Rs.10,000 but does not exceed Rs. 20,000 | Rs.1,000 plus 20 per cent. of the amount by which the total income exceeds Rs. 10,000; |
(3) | where the total income exceeds Rs. 20,000 | Rs. 3,000 plus 30 per cent. of the amount by which the total income exceeds Rs. 20,000. |
Surcharge on income-tax
The amount of income-tax computed in accordance with the
preceding provisions of this Paragraph, or the provisions of section 111A or
section 112 of the Income-tax Act, shall, in the case of every co-operative
society, having a total income exceeding one crore rupees, be increased by a
surcharge for the purposes of the Union calculated at the rate of twelve per
cent. of such income-tax:
Provided that in the case of every co-operative society mentioned above having
total income exceeding one crore rupees, the total amount payable as income-tax
and surcharge on such income shall not exceed the total amount payable as
income-tax on a total income of one crore rupees by more than the amount of
income that exceeds one crore rupees.
Paragraph C
In the case of every firm,—
Rate of income-tax
On the whole of the total income 30 per cent
Surcharge on income-tax
The amount of income-tax computed in accordance with the
preceding provisions of this Paragraph, or the provisions of section 111A or
section 112 of the Income-tax Act, shall, in the case of every firm, having a
total income exceeding one crore rupees, be increased by a surcharge for the
purposes of the Union calculated at the rate of twelve per cent. of such
income-tax:
Provided that in the case of every firm mentioned above having total income
exceeding one crore rupees, the total amount payable as income-tax and surcharge
on such income shall not exceed the total amount payable as income-tax on a
total income of one crore rupees by more than the amount of income that exceeds
one crore rupees.
Paragraph D
In the case of every local authority,—
Rate of income-tax
On the whole of the total income 30 per cent.
Surcharge on income-tax
The amount of income-tax computed in accordance with the
preceding provisions of this Paragraph, or the provisions of section 111A or
section 112 of the Income-tax Act, shall, in the case of every local authority,
having a total income exceeding one crore rupees, be increased by a surcharge
for the purposes of the Union calculated at the rate of twelve per cent. of such
income-tax:
Provided that in the case of every local authority mentioned above having total
income exceeding one crore rupees, the total amount payable as income-tax and
surcharge on such income shall not exceed the total amount payable as income-tax
on a total income of one crore rupees by more than the amount of income that
exceeds one crore rupees.
Paragraph E
In the case of a company,—
Rates of income-tax
I. In the case of a domestic company,—
(i) | where its total turnover or the gross receipt in the previous year 2015-2016 does not exceed fifty crore rupees; | 25 per cent. of the total income; |
(ii) | other than that referred to in item (i) | 30 per cent. of the total income |
II. In the case of a company other than a domestic company,—
(i) on so much of the total income as consists of,—
(a) royalties received from Government or an Indian concern in pursuance of an
agreement made by it with the Government or the Indian concern after the 31st
day of March, 1961 but before the 1st day of April, 1976; or
(b) fees for rendering technical services received from Government or an Indian
concern in pursuance of an agreement made by it with the Government or the
Indian concern after the 29th day of February, 1964 but before the 1st day of
April, 1976,
and where such agreement has, in either case, been approved by the Central Government 50 per cent.;
(ii) on the balance, if any, of the total income 40 per cent.
Surcharge on income-tax
The amount of income-tax computed in accordance with the
preceding provisions of this Paragraph, or the provisions of section 111A or
section 112 of the Income-tax Act, shall, be increased by a surcharge for the
purposes of the Union calculated,—
(i) in the case of every domestic company,––
(a) having a total income exceeding one crore rupees but not exceeding ten crore
rupees, at the rate of seven per cent. of such income-tax; and
(b) having a total income exceeding ten crore rupees, at the rate of twelve per
cent. of such income-tax;
(ii) in the case of every company other than a domestic company,––
(a) having a total income exceeding one crore rupees but not exceeding ten crore
rupees, at the rate of two per cent. of such income-tax; and
(b) having a total income exceeding ten crore rupees, at the rate of five per
cent. of such income-tax:
Provided that in the case of every company having a total income exceeding one
crore rupees but not exceeding ten crore rupees, the total amount payable as
income-tax and surcharge on such income shall not exceed the total amount
payable as income-tax on a total income of one crore rupees by more than the
amount of income that exceeds one crore rupees:
Provided further that in the case of every company having a total income
exceeding ten crore rupees, the total amount payable as income-tax and surcharge
on such income shall not exceed the total amount payable as income-tax and
surcharge on a total income of ten crore rupees by more than the amount of
income that exceeds ten crore rupees.
PART II
RATES FOR DEDUCTION OF TAX AT SOURCE IN CERTAIN CASES
In every case in which under the provisions of sections 193, 194, 194A, 194B, 194BB, 194D, 194LBA, 194LBB, 194LBC and 195 of the Income-tax Act, tax is to be deducted at the rates in force, deduction shall be made from the income subject to the deduction at the following rates:–
1. In the case of a person other than a company—
(a) where the person is resident in India—
Rate of income-tax | ||
(i) | on income by way of interest other than “Interest on securities” | 10 per cent.; |
(ii) | on income by way of winnings from lotteries, crossword puzzles, card games and other games of any sort | 30 per cent.; |
(iii) | on income by way of winnings from horse races | 30 per cent.; |
(iv) | on income by way of insurance commission | 5 per cent.; |
(v) | on income by way of interest payable on— | 10 per cent.; |
(A) any debentures or
securities for money issued by or on behalf of any local authority or a
corporation established by a Central, State or Provincial Act; (B) any debentures issued by a company where such debentures are listed on a recognised stock exchange in India in accordance with the Securities Contracts (Regulation) Act, 1956 (42 of 1956) and any rules made thereunder; (C) any security of the Central or State Government; |
||
(vi) |
on any other income | 10 per cent.; |
(b) where the person is not
resident in India— (i) in the case of a non-resident Indian— |
||
(A) | on any investment income | 20 per cent.; |
(B) | on income by way of long-term capital gains referred to in section 115E or sub-clause (iii) of clause (c) of sub-section (1) of section 112 | 10 per cent.; |
(C) | on income by way of long-term capital gains referred to in section 112A | 10 per cent.; |
(D) | on other income by way of long-term capital gains [not being long-term capital gains referred to in clauses (33) and (36) of section 10] | 20 per cent.; |
(E) | on income by way of short-term capital gains referred to in section 111A | 15 per cent.; |
(F) | on income by way of interest payable by Government or an Indian concern on moneys borrowed or debt incurred by Government or the Indian concern in foreign currency (not being income by way of interest referred to in section 194LB or section 194LC) | 20 per cent.; |
(G) | on income by way of royalty payable by Government or an Indian concern in pursuance of an agreement made by it with the Government or the Indian concern where such royalty is in consideration for the transfer of all or any rights (including the granting of a licence) in respect of copyright in any book on a subject referred to in the first proviso to sub-section (1A) of section115A of the Income-tax Act, to the Indian concern, or in respect of any computer software referred to in the second proviso to sub-section (1A) of section115A of the Income-tax Act, to a person resident in India | 10 per cent.; |
(H) | on income by way of royalty [not being royalty of the nature referred to in sub-item ( b)( i)( G)] payable by Government or an Indian concern in pursuance of an agreement made by it with the Government or the Indian concern and where such agreement is with an Indian concern, the agreement is approved by the Central Government or where it relates to a matter included in the industrial policy, for the time being in force, of the Government of India, the agreement is in accordance with that policy | 10 per cent.; |
(I) | on income by way of fees for technical services payable by Government or an Indian concern in pursuance of an agreement made by it with the Government or the Indian concern and where such agreement is with an Indian concern, the agreement is approved by the Central Government or where it relates to a matter included in the industrial policy, for the time being in force, of the Government of India, the agreement is in accordance with that policy | 10 per cent.; |
(J) | on income by way of winnings from lotteries, crossword puzzles, card games and other games of any sort | 30 per cent.; |
(K) | on income by way of winnings from horse races | 30 per cent.; |
(L) | on the whole of the other income | 30 per cent.; |
(ii) in the case of any other person— | ||
(A) | on income by way of interest payable by Government or an Indian concern on moneys borrowed or debt incurred by Government or the Indian concern in foreign currency (not being income by way of interest referred to in section 194LB or section 194LC) | 20 per cent.; |
(B) | on income by way of royalty payable by Government or an Indian concern in pursuance of an agreement made by it with the Government or the Indian concern where such royalty is in consideration for the transfer of all or any rights (including the granting of a licence) in respect of copyright in any book on a subject referred to in the first proviso to sub-section (1A) of section 115A of the Income-tax Act, to the Indian concern, in respect of any computer software referred to in the second proviso to sub-section (1A) of section 115A of the Income-tax Act, to a person resident in India | 10 per cent.; |
(C) | on income by way of royalty [not being royalty of the nature referred to in sub-item ( b)(ii)( B)] payable by Government or an Indian concern in pursuance of an agreement made by it with the Government or the Indian concern and where such agreement is with an Indian concern, the agreement is approved by the Central Government or where it relates to a matter included in the industrial policy, for the time being in force, of the Government of India, the agreement is in accordance with that policy | 10 per cent.; |
(D) | on income by way of fees for technical services payable by Government or an Indian concern in pursuance of an agreement made by it with the Government or the Indian concern and where such agreement is with an Indian concern, the agreement is approved by the Central Government or where it relates to a matter included in the industrial policy, for the time being in force, of the Government of India, the agreement is in accordance with that policy | 10 per cent.; |
(E) | on income by way of winnings from lotteries, crossword puzzles, card games and other games of any sort | 30 per cent.; |
(F) | on income by way of winnings from horse races | 30 per cent.; |
(G) | on income by way of short-term capital gains referred to in section 111A | 15 per cent.; |
(H) | on income by way of long-term capital gains referred to in sub-clause (iii) of clause (c) of sub-section (1) of section 112 | 10 per cent.; |
(I) | on income by way of long-term capital gains referred to in section 112A | 10 per cent.; |
(J) | on income by way of other long-term capital gains [not being long-term capital gains referred to in clauses (33) and (36) of section 10] | 20 per cent.; |
(K) | on the whole of the other income | 30 per cent. |
2. In the case of a company—
(a) where the company is a domestic company—
(i) | on income by way of interest other than “Interest on securities” | 10 per cent.; |
(ii) | on income by way of winnings from lotteries, crossword puzzles, card games and other games of any sort | 30 per cent.; |
(iii) | on income by way of winnings from horse races | 30 per cent.; |
(iv) | on any other income | 10 per cent.; |
(b) where the company is not a domestic company—
(i) | on income by way of winnings from lotteries, crossword puzzles, card games and other games of any sort | 30 per cent.; |
(ii) | on income by way of winnings from horse races | 30 per cent.; |
(iii) | on income by way of interest payable by Government or an Indian concern on moneys borrowed or debt incurred by Government or the Indian concern in foreign currency (not being income by way of interest referred to in section 194LB or section 194LC) | 20 per cent.; |
(iv) | on income by way of royalty payable by Government or an Indian concern in pursuance of an agreement made by it with the Government or the Indian concern after the 31st day of March, 1976 where such royalty is in consideration for the transfer of all or any rights (including the granting of a licence) in respect of copyright in any book on a subject referred to in the first proviso to sub-section (1A) of section 115A of the Income-tax Act, to the Indian concern, or in respect of any computer software referred to in the second proviso to sub-section (1A) of section 115A of the Income-tax Act, to a person resident in India | 10 per cent.; |
(v) | on income by way of royalty [not being royalty of the nature referred to in sub-item (b)(iv)] payable by Government or an Indian concern in pursuance of an agreement made by it with the Government or the Indian concern and where such agreement is with an Indian concern, the agreement is approved by the Central Government or where it relates to a matter included in the industrial policy, for the time being in force, of the Government of India, the agreement is in accordance with that policy— | |
(A) | where the agreement is made after the 31st day of March, 1961 but before the 1st day of April, 1976 | 50 per cent.; |
(B) | where the agreement is made after the 31st day of March, 1976 | 10 per cent.; |
(vi) | on income by way of fees for technical services payable by the Government or an Indian concern in pursuance of an agreement made by it with the Government or the Indian concern and where such agreement is with an Indian concern, the agreement is approved by the Central Government or where it relates to a matter included in the industrial policy, for the time being in force, of the Government of India, the agreement is in accordance with that policy— | |
(A) | where the agreement is made after the 29th day of February, 1964 but before the 1st day of April, 1976 | 50 per cent.; |
(B) | where the agreement is made after the 31st day of March, 1976 | 10 per cent.; |
(vii) | on income by way of short-term capital gains referred to in section 111A | 15 per cent.; |
(viii) | on income by way of long-term capital gains referred to in sub-clause (iii) of clause (c) of sub-section (1) of section 112 | 10 per cent.; |
(ix) | on income by way of long-term capital gains referred to in section 112A | 10 per cent.; |
(x) | on income by way of other long-term capital gains [not being long-term capital gains referred to in clauses (33) and (36) of section 10] | 20 per cent.; |
(xi) | on any other income | 40 per cent. |
Explanation.—For the purposes of item 1(b)(i) of this Part, “investment income” and “non-resident Indian” shall have the respective meanings assigned to them in Chapter XII-A of the Income-tax Act.
Surcharge on income-tax
The amount of income-tax deducted in accordance with the
provisions of––
(i) item 1 of this Part, shall be increased by a surcharge, for the purposes of
the Union,––
(a) in the case of every individual or Hindu undivided family or association of
persons or body of individuals, whether incorporated or not, or every artificial
juridical person referred to in sub-clause (vii) of clause (31) of section 2 of
the Income-tax Act, being a non-resident, calculated,––
I. at the rate of ten per cent. of such tax, where the income or the aggregate
of such incomes paid or likely to be paid and subject to the deduction exceeds
fifty lakh rupees but does not exceed one crore rupees;
II. at the rate of fifteen per cent. of such tax, where the income or the
aggregate of such incomes paid or likely to be paid and subject to the deduction
exceeds one crore rupees; and
(b) in the case of every co-operative society or firm, being a non-resident,
calculated at the rate of twelve per cent., where the income or the aggregate of
such incomes paid or likely to be paid and subject to the deduction exceeds one
crore rupees;
(ii) Item 2 of this Part shall be increased by a surcharge, for the purposes of
the Union, in the case of every company other than a domestic company,
calculated,––
(a) at the rate of two per cent. of such income-tax where the income or the
aggregate of such incomes paid or likely to be paid and subject to the deduction
exceeds one crore rupees but does not exceed ten crore rupees; and
(b) at the rate of five per cent. of such income-tax where the income or the
aggregate of such incomes paid or likely to be paid and subject to the deduction
exceeds ten crore rupees.
PART III
RATES FOR CHARGING INCOME-TAX IN CERTAIN CASES, DEDUCTING INCOME-TAX FROM INCOME CHARGEABLE UNDER THE HEAD “SALARIES” AND COMPUTING “ADVANCE TAX”
In cases in which income-tax has to be charged under sub-section (4) of section 172 of the Income-tax Act or sub-section (2) of section 174 or section 174A or section 175 or sub-section (2) of section 176 of the said Act or deducted from,or paid on, from income chargeable under the head “Salaries” under section 192 of the said Act or in which the “advance tax” payable under Chapter XVII-C of the said Act has to be computed at the rate or rates in force, such income-tax or, as the case may be, “advance tax” [not being “advance tax” in respect of any income chargeable to tax under Chapter XII or Chapter XII-A or income chargeable to tax under section 115JB or section 115JC or Chapter XII-FA or Chapter XII-FB or sub-section (1A) of section 161 or section 164 or section 164A or section 167B of the Income-tax Act at the rates as specified in that Chapter or section or surcharge, wherever applicable, on such “advance tax” in respect of any income chargeable to tax under section 115A or section 115AB or section 115AC or section 115ACA or section 115AD or section 115B or section 115BA or section 115BB or section 115BBA or section 115BBC or section 115BBD or section 115BBDA or section 115BBE or section 115BBF or section 115BBG or section 115E or section 115JB or section 115JC] shall be charged, deducted or computed at the following rate or rates:—
Paragraph A
(I) In the case of every individual other than the individual referred to in items (II) and (III) of this Paragraph or Hindu undivided family or association of persons or body of individuals, whether incorporated or not, or every artificial juridical person referred to in sub-clause (vii) of clause (31) of section 2 of the Income-tax Act, not being a case to which any other Paragraph of this Part applies,—
Rates of income-tax
(1) | where the total income does not exceed Rs. 2,50,000 | Nil; |
(2) | where the total income exceeds Rs. 2,50,000 but does not exceed Rs. 5,00,000 | 5 per cent. of the amount by which the total income exceeds Rs. 2,50,000; |
(3) | where the total income exceeds Rs. 5,00,000 but does not exceed Rs. 10,00,000 | Rs. 12,500 plus 20 per cent. of the amount by which the total income exceeds Rs. 5,00,000; |
(4) | where the total income exceeds Rs. 10,00,000 | Rs. 1,12,500 plus 30 per cent. of the amount by which the total income exceeds Rs.10,00,000. |
(II) In the case of every individual, being a resident in India, who is of the
age of sixty years or more but less than eighty years at any time during the
previous year,—
Rates of income-tax
(1) | where the total income does not exceed Rs. 3,00,000 | Nil; |
(2) | where the total income exceeds Rs. 3,00,000 but does not exceed Rs. 5,00,000 | 5 per cent. of the amount by which the total income exceeds Rs.3,00,000; |
(3) | (3) where the total income exceeds Rs. 5,00,000 but does not exceed Rs. 10,00,000 | Rs. 10,000 plus 20 per cent. of the amount by which the total income exceeds Rs. 5,00,000; |
(4) | where the total income exceeds Rs. 10 ,00,000 | Rs. 1,10,000 plus 30 per cent. of the amount by which the total income exceeds Rs. 10,00,000 |
(III) In the case of every individual, being a resident in India, who is of the
age of eighty years or more at any time during the previous year,—
Rates of income-tax
(1) | where the total income does not exceed Rs. 5,00,000 | Nil; |
(2) | where the total income exceeds Rs. 5,00,000 but does not exceed Rs. 10,00,000 | 20 per cent. of the amount by which the total income exceeds Rs. 5,00,000; |
(3) | where the total income exceeds Rs.10,00,000 | Rs. 1,00,000 plus 30 per cent. of the amount by which the total income exceeds Rs. 10,00,000; |
Surcharge on income-tax
The amount of income-tax computed in accordance with the
preceding provisions of this Paragraph, or the provisions of section 111A or
section 112 or section 112A of the Income-tax Act, shall be increased by a
surcharge for the purposes of the Union, calculated, in the case of every
individual or Hindu undivided family or association of persons or body of
individuals, whether incorporated or not, or every artificial juridical person
referred to in sub-clause (vii) of clause (31) of section 2 of the Income-tax
Act,—
(a) having a total income exceeding fifty lakh rupees but not exceeding one
crore rupees, at the rate of ten per cent. of such income-tax; and
(b) having a total income exceeding one crore rupees, at the rate of fifteen
per cent. of such income-tax: Provided that in the case of persons mentioned
above having total income exceeding,—
(a) fifty lakh rupees but not exceeding one crore rupees, the total amount
payable as income-tax and surcharge on such income shall not exceed the
total amount payable as income-tax on a total income of fifty lakh rupees by
more than the amount of income that exceeds fifty lakh rupees;
(b) one crore rupees, the total amount payable as income-tax and surcharge
on such income shall not exceed the total amount payable as income-tax and
surcharge on a total income of one crore rupees by more than the amount of
income that exceeds one crore rupees.
Paragraph B
In the case of every co-operative society,—
Rates of income-tax
(1) | where the total income does not exceed Rs.10,000 | 10 per cent. of the total income; |
(2) | where the total income exceeds Rs.10,000 but does not exceed Rs. 20,000 | Rs. 1,000 plus 20 per cent. of the amount by which the total income exceeds Rs. 10,000; |
(3) | where the total income exceeds Rs. 20,000 | Rs. 3,000 plus 30 per cent. of the amount by which the total income exceeds Rs. 20,000. |
Surcharge on income-tax
The amount of income-tax computed in accordance with the
preceding provisions of this Paragraph, or the provisions of section 111A or
section 112 or section 112A of the Income-tax Act, shall, in the case of every
co-operative society, having a total income exceeding one crore rupees, be
increased by a surcharge for the purposes of the Union calculated at the rate of
twelve per cent. of such income-tax:
Provided that in the case of every co-operative society mentioned above having
total income exceeding one crore rupees, the total amount payable as income-tax
and surcharge on such income shall not exceed the total amount payable as
income-tax on a total income of one crore rupees by more than the amount of
income that exceeds one crore rupees.
Paragraph C
In the case of every firm,—
Rate of income-tax
On the whole of the total income | 30 per cent |
Surcharge on income-tax
The amount of income-tax computed in accordance with the
preceding provisions of this Paragraph, or the provisions of section 111A or
section 112 or section 112A of the Income-tax Act, shall, in the case of every
firm, having a total income exceeding one crore rupees, be increased by a
surcharge for the purposes of the Union calculated at the rate of twelve per
cent. of such income-tax:
Provided that in the case of every firm mentioned above having total income
exceeding one crore rupees, the total amount payable as income-tax and surcharge
on such income shall not exceed the total amount payable as income-tax on a
total income of one crore rupees by more than the amount of income that exceeds
one crore rupees.
Paragraph D
In the case of every local authority,—
Rate of income-tax
On the whole of the total income | 30 per cent. |
Surcharge on income-tax
The amount of income-tax computed in accordance
with the preceding provisions of this Paragraph, or the provisions of section
111A or section 112 or section 112A of the Income-tax Act, shall, in the case of
every local authority, having a total income exceeding one crore rupees, be
increased by a surcharge for the purposes of the Union calculated at the rate of
twelve per cent. of such income-tax:
Provided that in the case of every local authority mentioned above having total
income exceeding one crore rupees, the total amount payable as income-tax and
surcharge on such income shall not exceed the total amount payable as income-tax
on a total income of one crore rupees by more than the amount of income that
exceeds one crore rupees.
Paragraph E
In the case of a company,—
Rates of income-tax
I. In the case of a domestic company,—
(i) | where its total turnover or the gross receipt in the previous year 2016-2017 does not exceed two hundred and fifty crore rupees; | 25 per cent. of the total income; |
(ii) | other than that referred to in item (i) | 30 per cent. of the total income. |
II. In the case of a company other than a
domestic company,—
(i) on so much of the total income as consists of,—
(a) royalties received from the Government or an Indian concern in pursuance of
an agreement made by it with the Government or the Indian concern after the 31st
day of March, 1961 but before the 1st day of April, 1976; or
(b) fees for rendering technical services received from Government or an Indian
concern in pursuance of an agreement made by it with the Government or the
Indian concern after the 29th day of February, 1964 but before the 1st day of
April, 1976,
and where such agreement has, in either case, been approved by the Central Government 50 per cent.;
(ii) |
on the balance, if any, of the total income | 40 per cent. |
Surcharge on income-tax
The amount of income-tax computed in accordance
with the preceding provisions of this Paragraph, or the provisions of section
111A or section 112 or section 112A of the Income-tax Act, shall be increased by
a surcharge for the purposes of the Union, calculated,––
(i) in the case of every domestic company,––
(a) having a total income exceeding one crore rupees but not exceeding ten crore
rupees, at the rate of seven per cent. of such income-tax; and
(b) having a total income exceeding ten crore rupees, at the rate of twelve per
cent. of such income-tax;
(ii) in the case of every company other than a domestic company,––
(a) having a total income exceeding one crore rupees but not exceeding ten crore
rupees, at the rate of two per cent. of such income-tax; and
(b) having a total income exceeding ten crore rupees, at the rate of five per
cent. of such income-tax:
Provided that in the case of every company having a total income exceeding one
crore rupees but not exceeding ten crore rupees, the total amount payable as
income-tax and surcharge on such income shall not exceed the total amount
payable as income-tax on a total income of one crore rupees by more than the
amount of income that exceeds one crore rupees:
Provided further that in the case of every company having a total income
exceeding ten crore rupees, the total amount payable as income-tax and surcharge
on such income shall not exceed the total amount payable as income-tax and
surcharge on a total income of ten crore rupees by more than the amount of
income that exceeds ten crore rupees.
PART IV
[See section 2 (13)(c)]
RULES FOR COMPUTATION OF NET AGRICULTURAL INCOME
Rule 1.—Agricultural income of the
nature referred to in sub-clause (a) of clause (1A) of section 2 of the
Income-tax Act shall be computed as if it were income chargeable to income-tax
under that Act under the head “Income from other sources” and the provisions of
sections 57 to 59 of that Act shall, so far as may be, apply accordingly:
Provided that sub-section (2) of section 58 shall apply subject to the
modification that the reference to section 40A therein shall be construed as not
including a reference to sub-sections (3), (3A) and (4) of section 40A.
Rule 2.—Agricultural income of the nature referred to in sub-clause (b) or
sub-clause (c) of clause (1A) of section 2 of the Income-tax Act [other than
income derived from any building required as a dwelling-house by the receiver of
the rent or revenue of the cultivator or the receiver of rent-in-kind referred
to in the said sub-clause (c)] shall be computed as if it were income chargeable
to income-tax under that Act under the head “Profits and gains of business or
profession” and the provisions of sections 30, 31, 32, 36, 37, 38, 40, 40A
[other than sub-sections (3), (3A) and (4) thereof], 41, 43, 43A, 43B and 43C of
the Income-tax Act shall, so far as may be, apply accordingly.
Rule 3.—Agricultural income of the nature referred to in sub-clause (c) of
clause (1A) of section 2 of the Income-tax Act, being income derived from any
building required as a dwelling-house by the receiver of the rent or revenue or
the cultivator or the receiver of rent-in-kind referred to in the said
sub-clause (c) shall be computed as if it were income chargeable to income-tax
under that Act under the head “Income from house property” and the provisions of
sections 23 to 27 of that Act shall, so far as may be, apply accordingly.
Rule 4.—Notwithstanding anything contained in any other provisions of these
rules, in a case—
(a) where the assessee derives income from sale of tea grown and manufactured by
him in India, such income shall be computed in accordance with rule 8 of the
Income-tax Rules, 1962, and sixty per cent. of such income shall be regarded as
the agricultural income of the assessee;
(b) where the assessee derives income from sale of centrifuged latex or cenex or
latex based crepes (such as pale latex crepe) or brown crepes (such as estate
brown crepe, re-milled crepe, smoked blanket crepe or flat bark crepe) or
technically specified block rubbers manufactured or processed by him from rubber
plants grown by him in India, such income shall be computed in accordance with
rule 7A of the Income-tax Rules, 1962, and sixty-five per cent. of such income
shall be regarded as the agricultural income of the assessee;
(c) where the assessee derives income from sale of coffee grown and manufactured
by him in India, such income shall be computed in accordance with rule 7B of the
Income-tax Rules, 1962, and sixty per cent. or seventy-five per cent., as the
case may be, of such income shall be regarded as the agricultural income of the
assessee.
Rule 5.—Where the assessee is a member of an association of persons or a body of
individuals (other than a Hindu undivided family, a company or a firm) which in
the previous year has either no income chargeable to tax under the Income-tax
Act or has total income not exceeding the maximum amount not chargeable to tax
in the case of an association of persons or a body of individuals (other than a
Hindu undivided family, a company or a firm) but has any agricultural income
then, the agricultural income or loss of the association or body shall be
computed in accordance with these rules and the share of the assessee in the
agricultural income or loss so computed shall be regarded as the agricultural
income or loss of the assessee.
Rule 6.—Where the result of the computation for the previous year in respect of
any source of agricultural income is a loss, such loss shall be set off against
the income of the assessee, if any, for that previous year from any other source
of agricultural income:
Provided that where the assessee is a member of an association of persons or a
body of individuals and the share of the assessee in the agricultural income of
the association or body, as the case may be, is a loss, such loss shall not be
set off against any income of the assessee from any other source of agricultural
income.
Rule 7.—Any sum payable by the assessee on account of any tax levied by
the State Government on the agricultural income shall be deducted in computing
the agricultural income.
Rule 8.—(1) Where the assessee has, in the previous year relevant to the
assessment year commencing on the 1st day of April, 2018, any agricultural
income and the net result of the computation of the agricultural income of the
assessee for any one or more of the previous years relevant to the assessment
years commencing on the 1st day of April, 2010 or the 1st day of April, 2011 or
the 1st day of April, 2012 or the 1st day of April, 2013 or the 1st day of
April, 2014 or the 1st day of April, 2015 or the 1st day of April, 2016 or the
1st day of April, 2017, is a loss, then, for the purposes of sub-section (2) of
section 2 of this Act,—
(i) the loss so computed for the previous year relevant to the assessment year
commencing on the 1st day of April, 2010, to the extent, if any, such loss has
not been set off against the agricultural income for the previous year relevant
to the assessment year commencing on the 1st day of April, 2011 or the 1st day
of April, 2012 or the 1st day of April, 2013 or the 1st day of April, 2014 or
the 1st day of April, 2015 or the 1st day of April, 2016 or the 1st day of
April, 2017,
(ii) the loss so computed for the previous year relevant to the assessment year
commencing on the 1st day of April, 2011, to the extent, if any, such loss has
not been set off against the agricultural income for the previous year relevant
to the assessment year commencing on the 1st day of April, 2012 or the 1st day
of April, 2013 or the 1st day of April, 2014 or the 1st day of April, 2015 or
the 1st day of April, 2016 or the 1st day of April, 2017,
(iii) the loss so computed for the previous year relevant to the assessment year
commencing on the 1st day of April, 2012, to the extent, if any, such loss has
not been set off against the agricultural income for the previous year relevant
to the assessment year commencing on the 1st day of April, 2013 or the 1st day
of April, 2014 or the 1st day of April, 2015 or the 1st day of April, 2016 or
the 1st day of April, 2017,
(iv) the loss so computed for the previous year relevant to the assessment year
commencing on the 1st day of April, 2013, to the extent, if any, such loss has
not been set off against the agricultural income for the previous year relevant
to the assessment year commencing on the 1st day of April, 2014 or the 1st day
of April, 2015 or the 1st day of April, 2016 or the 1st day of April, 2017,
(v) the loss so computed for the previous year relevant to the assessment year
commencing on the 1st day of April, 2014, to the extent, if any, such loss has
not been set off against the agricultural income for the previous year relevant
to the assessment year commencing on the 1st day of April, 2015 or the 1st day
of April, 2016 or the 1st day of April, 2017,
(vi) the loss so computed for the previous year relevant to the assessment year
commencing on the 1st day of April, 2015, to the extent, if any, such loss has
not been set off against the agricultural income for the previous year relevant
to the assessment year commencing on the 1st day of April, 2016 or the 1st day
of April, 2017,
(vii) the loss so computed for the previous year relevant to the assessment year
commencing on the 1st day of April, 2016, to the extent, if any, such loss has
not been set off against the agricultural income for the previous year relevant
to the assessment year commencing on the 1st day of April, 2017,
(viii) the loss so computed for the previous year relevant to the assessment
year commencing on the 1st day of April, 2017,
shall be set off against the agricultural income of the assessee for the
previous year relevant to the assessment year commencing on the 1st day of
April, 2018.
(2) Where the assessee has, in the previous year relevant to the assessment
year commencing on the 1st day of April, 2019, or, if by virtue of any provision
of the Income-tax Act, income-tax is to be charged in respect of the income of a
period other than the previous year, in such other period, any agricultural
income and the net result of the computation of the agricultural income of the
assessee for any one or more of the previous years relevant to the assessment
years commencing on the 1st day of April, 2011 or the 1st day of April, 2012 or
the 1st day of April, 2013 or the 1st day of April, 2014 or the 1st day of
April, 2015 or the 1st day of April, 2016 or the 1st day of April, 2017 or the
1st day of April, 2018, is a loss, then, for the purposes of sub-section (10) of
section 2 of this Act,––
(i) the loss so computed for the previous year relevant to the assessment year
commencing on the 1st day of April, 2011, to the extent, if any, such loss has
not been set off against the agricultural income for the previous year relevant
to the assessment year commencing on the 1st day of April, 2012 or the 1st day
of April, 2013 or the 1st day of April, 2014 or the 1st day of April, 2015 or
the 1st day of April, 2016 or the 1st day of April, 2017 or the 1st day of
April, 2018,
(ii) the loss so computed for the previous year relevant to the assessment year
commencing on the 1st day of April, 2012, to the extent, if any, such loss has
not been set off against the agricultural income for the previous year relevant
to the assessment year commencing on the 1st day of April, 2013 or the 1st day
of April, 2014 or the 1st day of April, 2015 or the 1st day of April, 2016 or
the 1st day of April, 2017 or the 1st day of April, 2018,
(iii) the loss so computed for the previous year relevant to the assessment year
commencing on the 1st day of April, 2013, to the extent, if any, such loss has
not been set off against the agricultural income for the previous year relevant
to the assessment year commencing on the 1st day of April, 2014 or the 1st day
of April, 2015 or the 1st day of April, 2016 or the 1st day of April, 2017 or
the 1st day of April, 2018,
(iv) the loss so computed for the previous year relevant to the assessment year
commencing on the 1st day of April, 2014, to the extent, if any, such loss has
not been set off against the agricultural income for the previous year relevant
to the assessment year commencing on the 1st day of April, 2015 or the 1st day
of April, 2016 or the 1st day of April, 2017 or the 1st day of April, 2018,
(v) the loss so computed for the previous year relevant to the assessment year
commencing on the 1st day of April, 2015, to the extent, if any, such loss has
not been set off against the agricultural income for the previous year relevant
to the assessment year commencing on the 1st day of April, 2016 or the 1st day
of April, 2017 or the 1st day of April, 2018,
(vi) the loss so computed for the previous year relevant to the assessment year
commencing on the 1st day of April, 2016, to the extent, if any, such loss has
not been set off against the agricultural income for the previous year relevant
to the assessment year commencing on the 1st day of April, 2017 or the 1st day
of April, 2018,
(vii) the loss so computed for the previous year relevant to the assessment year
commencing on the 1st day of April, 2017, to the extent, if any, such loss has
not been set off against the agricultural income for the previous year relevant
to the assessment year commencing on the 1st day of April, 2018,
(viii) the loss so computed for the previous year relevant to the assessment
year commencing on the 1st day of April, 2018, shall be set off against the
agricultural income of the assessee for the previous year relevant to the
assessment year commencing on the 1st day of April, 2019.
(3) Where any person deriving
any agricultural income from any source has been succeeded in such capacity by
another person, otherwise than by inheritance, nothing in sub-rule (1) or
sub-rule (2) shall entitle any person, other than the person incurring the loss,
to have it set off under sub-rule (1) or, as the case may be, sub-rule (2).
(4) Notwithstanding anything contained in this rule, no loss which has not
been determined by the Assessing Officer under the provisions of these rules or
the rules contained in the First Schedule to the Finance Act, 2010 (14 of 2010)
or the First Schedule to the Finance Act, 2011 (8 of 2011) or the First Schedule
to the Finance Act, 2012 (23 of 2012) or the First Schedule to the Finance Act,
2013 (17 of 2013) or the First Schedule to the Finance (No. 2) Act, 2014 (25 of
2014) or the First Schedule to the Finance Act, 2015 (20 of 2015) or the First
Schedule to the Finance Act, 2016 (28 of 2016) or the First Schedule to the
Finance Act, 2017 (7 of 2017) shall be set off under sub-rule (1) or, as the
case may be, sub-rule (2).
Rule 9.—Where the net result of the computation made in accordance with these
rules is a loss, the loss so computed shall be ignored and the net agricultural
income shall be deemed to be nil.
Rule 10.—The provisions of the Income-tax Act relating to procedure for
assessment (including the provisions of section 288A relating to rounding off of
income) shall, with the necessary modifications, apply in relation to the
computation of the net agricultural income of the assessee as they apply in
relation to the assessment of the total income.
Rule 11.—For the purposes of computing the net agricultural income of the
assessee, the Assessing Officer shall have the same powers as he has under the
Income-tax Act for the purposes of assessment of the total income.
THE SECOND SCHEDULE
[See section 101 (a)]
In the First Schedule to the Customs Tariff
Act,––
(1) in Chapter 20, for the entry in column (4) occurring against all the
tariff items of heading 2009 (except tariff items 2009 11 00, 2009 12 00 and
2009 19 00), the entry “50%” shall be substituted;
(2) in Chapter 33, for the entry in column (4) occurring against all the tariff
items of headings 3303, 3304, 3305, 3306 and 3307, the entry “20%” shall be
substituted;
(3) in Chapter 34, for the entry in column (4) occurring against all the tariff
items of heading 3406, the entry “25%” shall be substituted;
(4) in Chapter 39, for the entry in column (4) occurring against tariff items
3919 90 90, 3920 99 99, 3926 90 91 and 3926 90 99, the entry “15%” shall be
substituted;
(5) in Chapter 40, for the entry in column (4) occurring against tariff item
4011 20 10, the entry “15%” shall be substituted;
(6) in Chapter 48, for the entry in column (4) occurring against tariff item
4823 90 90, the entry “20%” shall be substituted;
(7) in Chapter 56, for the entry in column (4) occurring against all the tariff
items of headings 5608 and 5609, the entry “25%” shall be substituted;
(8) in Chapter 64,––
(i) for the entry in column (4) occurring against all the tariff items of
headings 6401, 6402, 6403, 6404 and 6405, the entry “20%” shall be substituted;
(ii) for the entry in column (4) occurring against all the tariff items of
heading 6406, the entry “15%” shall be substituted;
(9) in Chapter 71, for the entry in column (4) occurring against all the tariff
items of heading 7117, the entry “20%” shall be substituted;
(10) in Chapter 84,––
(i) for the entry in column (4) occurring against all the tariff items of
headings 8407, 8408 and 8409, the entry “15%” shall be substituted;
(ii) for the entry in column (4) occurring against tariff items 8483 10 91 and
8483 10 92, the entry “15%” shall be substituted;
(11) in Chapter 85,––
(i) for the entry in column (4) occurring against all the tariff items of
sub-heading 8504 40 (except tariff item 8504 40 21), the entry “15%” shall be
substituted;
(ii) for the entry in column (4) occurring against all the tariff items of
heading 8506 (except tariff item 8506 90 00), the entry “15%” shall be
substituted;
(iii) for the entry in column (4) occurring against tariff items 8507 10 00,
8507 20 00, 8507 30 00, 8507 40 00 and 8507 50 00, the entry “15%” shall be
substituted;
(iv) for the entry in column (4) occurring against tariff item 8507 60 00, the
entry “20%” shall be substituted;
(v) for the entry in column (4) occurring against tariff item 8507 80 00, the
entry “15%” shall be substituted;
(vi) for the entry in column (4) occurring against all the tariff items of
heading 8511, the entry “15%” shall be substituted;
(vii) for the entry in column (4) occurring against tariff items 8517 12 10,
8517 12 90 and 8517 62 90, the entry “20%” shall be substituted;
(viii) for the entry in column (4) occurring against tariff item 8517 70 90, the
entry “15%” shall be substituted;
(ix) for the entry in column (4) occurring against tariff items 8518 10 00, 8518
29 00, 8518 30 00 and 8518 40 00, the entry “15%” shall be substituted;
(x) for the entry in column (4) occurring against tariff items 8529 10 99 and
8529 90 90, the entry “15%” shall be substituted;
(xi) for the entry in column (4) occurring against tariff item 8538 90 00, the
entry “15%” shall be substituted;
(xii) for the entry in column (4) occurring against all the tariff items of
sub-headings 8544 19, 8544 42 and 8544 49 the entry “15%” shall be substituted;
(12) in Chapter 87,––
(i) for the entry in column (4) occurring against all the tariff items of
heading 8708, the entry “15%” shall be substituted;
(ii) for the entry in column (4) occurring against all the tariff items of
sub-heading 8714 10, the entry “15%” shall be substituted;
(13) in Chapter 90,––
(i) for the entry in column (4) occurring against tariff item 9004 10 00, the
entry “20%” shall be substituted;
(ii) for the entry in column (4) occurring against all the tariff items of
headings 9018 and 9019, the entry “10%” shall be substituted;
(iii) for the entry in column (4) occurring against tariff item 9020 00 00, the
entry “10%” shall be substituted;
(iv) for the entry in column (4) occurring against all the tariff items of
headings 9021 and 9022, the entry “10%” shall be substituted;
(14) in Chapter 91, for the entry in column (4) occurring against all the
tariff items of headings 9101, 9102, 9103 and 9105, the entry “20%” shall be
substituted; (15) in Chapter 94, for the entry in column (4) occurring against
all the tariff items of headings 9401, 9403 and 9404, the entry “20%” shall be
substituted;
(16) in Chapter 95,––
(i) for the entry in column (4) occurring against all the tariff items of
heading 9503 (except tariff item 9503 00 90), the entry “20%” shall be
substituted;
(ii) for the entry in column (4) occurring against all the tariff items of
heading 9504, the entry “20%” shall be substituted;
(iii) for the entry in column (4) occurring against tariff item 9505 90 10, the
entry “20%” shall be substituted;
(iv) for the entry in column (4) occurring against all the tariff items of
headings 9506, 9507 and 9508, the entry “20%” shall be substituted;
(17) in Chapter 96,––|
(i) for the entry in column (4) occurring against tariff item 9611 00 00, the
entry “20%” shall be substituted;
(ii) for the entry in column (4) occurring against all the tariff items of
heading 9613, the entry “20%” shall be substituted;
(iii) for the entry in column (4) occurring against all the tariff items of
heading 9616, the entry “20%” shall be substituted.
THE THIRD SCHEDULE
[See section 101 (b)]
In the First Schedule to the Customs
Tariff Act,––
(1) in Chapter 7, for tariff item 0713 31 00 and the entries relating thereto,
the following shall be substituted, namely:—
(1) |
(2) |
(3) |
(4) | (5) |
“0713 31 | -- Beans of
the species Vigna mungo (L.) Hepper or Vigna radiata (L.) Wilczek |
|||
0713 31 10 | --- Beans of the species Vigna mungo (L.) Hepper | kg. | 30% | 20% |
0713 31 90 | --- Beans of the species Vigna radiata (L.) Wilczek | kg. | 30% | 20%”; |
(2) in Chapter 9, tariff item 0904
22 12 and the entries relating thereto shall be omitted;
(3) in Chapter 12, after tariff item 1209 91 60 and the entries relating
thereto, the following shall be inserted, namely:––
(1) | (2) | (3) | (4) | (5) |
“1209 91 70 | --- of chilly of genus Capsicum | kg. | 10% | —”; |
(4) in Chapter 29, against tariff item 2917 39 20, in column (2), for the words
“Dioctyl phthalate”, the words “Dioctyl isophthalate and dioctyl terephthalate”
shall be substituted.
THE FOURTH SCHEDULE
[See section 102 (b)]
In the Second Schedule to the Customs Tariff Act, after Sl. No. 49 and the entries relating thereto, the following Sl.No. and entries shall be inserted, namely:––
(1) | (2) | (3) | (4) |
“50 | 8545 11 00 | Electrodes of a kind used for furnaces | 20%” |
THE FIFTH SCHEDULE
(See sections 106 and 107)
Year | No. |
Short title of enactments |
Extent of repeal |
(1) | (2) |
(3) |
(4) |
1998 | 21 | The Finance (No.2) Act, 1998 | Sections 103 and 111 |
1999 | 27 | The Finance Act, 1999 | Sections 116 and 133 |
2004 | 23 | The Finance (No.2) Act, 2004 | Chapter VI |
2007 | 22 | The Finance Act, 2007 | Chapter VI |
THE SIXTH SCHEDULE
(See sections 109 and 110)
Item No. | Description of goods | Rate |
(1) | (2) | (3) |
1. | Motor spirit commonly known as petrol | Rupee 8 per litre |
2. | High speed diesel oil | Rupee 8 per litre |