Changes in the Rates of Duty- a. Central Excise rate for all goods, other than petroleum, called the Standard Rate has been enhanced from 10% to 12% ad valorem. b. The merit rate of excise duty for all non-petroleum goods has been increased from 5% to 6%. c. The concessional rate of duty of 1% imposed on 130 items in the last Budget-2011 has been increased to 2%. However, the following 4 items would attract only 1% duty:-

Shift to Negative List Approach from Positive List: (Applicable date to be notified) Present: A present under positive list approach, only those services are taxable which are specifically prescribed under service tax law (more than 125 services). And other activities which are not specifically mentioned under law are not liable to pay service tax.

Sec 2 , Sec 9 and Sec 195 have been amended and it clarifies “ Property includes any rights in or in relation to an Indian company,including rights of management or control or any other rights whatsoever. This was retrospectively ammended from 01.04.1962. This ll open up VODOFONE case . Sec 10 D and 80 C : any sum received under an insurance policy issued on or after the 1st day of April, 2012 in respect of which the premium payable for any of the years during the term of the policy exceeds ten per cent. of the actual capital sum assured

General Anti-Avoidance Rules has been introduced as a result of Ruling in the case of VODAFONE by the Apex Court. The implication of this is that the Income-tax department will have powers to deny tax benefit if a transaction was carried out exclusively for the purpose of avoiding tax.

Under the provisions of section 144C of the Income-tax Act where an eligible assessee files an objection against the draft assessment order before the Dispute Resolution Panel (DRP), then, the time limit for completion of assessments are as provided in section 144C notwithstanding anything in section 153. A similar provision is proposed to be made where assessments are framed as a result of search and seizure to provide that for such assessments, time limit specified in section 144C will apply, notwithstanding anything in section 153B.

Power of the DRP to enhance variations Dispute Resolution Panel (DRP) had been constituted with a view to expeditiously resolve the cases involving transfer pricing issues in the case of any person having international transactions or in case of a foreign company. It has been provided under sub-section (8) of section 144C that DRP may [...]

Under the provisions of sub-section (8) of section 144C, the DRP has the power to confirm, reduce or enhance the variations proposed in the draft order. The Income Tax Department does not have the right to appeal against the directions given by the DRP. The taxpayer has been given a right to appeal directly to the Income Tax Appellate Tribunal (ITAT) against the order passed by the Assessing Officer in pursuance of the directions of the DRP.

Section 139 of the Act provides for due date of filing return of income in case of various categories of persons. In addition to filing of return of income, the assesses who have undertaken international transactions are also required to prepare and file a Transfer Pricing report in Form 3CEB, as per Section 92E of the Act, before the due date of filing of return of income.

The rate of service tax is being increased from ten per cent. to twelve per cent. 2) Consequent to change in the rate of service tax, changes are also being made in specific and compounding rates of tax for the following:a) Service in relation to purchase and sale of foreign currency including money changing; b) Service of promotion, marketing, organizing or in any manner assisting in organizing lottery; c) Works contract service;

In 2012 budget, there has been a paradigm shift in the Service Tax Laws. The shift is affecting all businesses- whether they are in manufacturing, service providing, NGOs, Trading or even Government departments. Even individuals are not immune from payment of service tax if their revenue is above the exemption limit- i.e. 10 lakhs. Thus it is important to understand the basic changes in law so that the changes can be implemented smoothly after the enactment of Finance Bill, 2012.