Section-Wise Analysis of Proposed Income Tax Amendments by Finance Bill, 2020
1) INSERTION OF Section 115BAC
The new Sec. 115BAC has proposed to be inserted to provide an option to Individual or HUF’s to pay tax at lower rate subject to certain conditions.
The following Exemptions/Deductions will not be allowed while opting the provisions of Section 115BAC
|Salary||10(5) (Leave travel concession)|
|Some of the allowance as in Sec 10(14)|
|16 (Standard deduction, deduction for entertainment allowance and employment/professional tax)|
|House Property||Amount of any interest payable on borrowed capital in respect of self-occupied or vacant property referred to in sub-section (2) of section 23. That means only against self-occupied house property and this benefit is not restricted in case of let out property.( Loss under head income from house property for rented house shall not be allowed to be set off under any other head and would be allowed to be carried forward as per the extant of law)|
|PGBP||Additional deprecation under Sec.32(1) (iia)
32AD (Inv in new Plant & Machinery in Notified Backward Area)
33AB (Tea Development)
33ABA (Site Restoration Fund)
35 (Donation for or expenditure on scientific research)
35AD(Deduction in respect of Capital expenditure on specified Business)
35CCC(Expenditure on Agriculture Extension Projects)
10AA(Exemption i.r.o. newly established businesses in SEZ.)
|Income From other Sources||10(17) (Allowances to MPs/MLAs)|
|10(32) (Allowance for income of minor)|
|Family Pension deduction i.e. 1/3rd or 15000 w.i. is less.|
|Deductions under chapter VIA||All deductions mentioned under chapter VIA i.e. section 80C to 80U are not allowed except 80CCD(2) (employer contribution on account of employee in notified pension scheme) and section 80JJAA (for new employment) can be claimed.|
Concessional Tax Rates
|Upto Rs. 250000||–|
|Rs. 250000 to Rs. 500000||5%|
|Rs. 500000 to Rs. 750000||10%|
|Rs. 750000 to Rs. 100000||15%|
|Rs. 100000 to Rs. 1250000||20%|
|Rs. 1250000 to Rs. 1500000||25%|
|Above Rs. 1500000||30%|
|Gross Income||Standard Dedu-ction u/s 16||Dedu-ctions||Taxable Income OLD||Net Tax Payable OLD||Taxable Income New||Net Tax Payable NEW||Savings||Bene-ficial Scheme|
|350000||150000||200000||–||350000||–||–||Old or New|
|400000||150000||250000||–||400000||–||–||Old or New|
|450000||150000||300000||–||450000||–||–||Old or New|
|500000||150000||350000||–||500000||–||–||Old or New|
|850000||150000||700000||54600||850000||54600||–||Old or New|
*The above chart benefit is subject to that the assessee has no housing Loan. But if Deduction u/s 24 is available with assessee and is in higher tax bracket, then the Old Scheme will turn beneficial.
2. Insertion of Section 115BAD for Resident Cooperative Societies
The above Section has been introduced to bring Resident Cooperative Societies at par with the Domestic Companies, as the Finance Act no 2 of 2019 has given relief to domestic companies by introducing Section 115BAA. The said subsidized rate of 22% was subject to fulfilment of some conditions. Now the representations were received from stakeholders to provide concessional tax rate in case of resident co-operative societies on similar lines. Therefore, the finance bill, 2020 has proposed to introduce a new Section 115BAD with the similar conditions.
1. Option once exercised shall be applicable for that previous year and for subsequent previous years and the same is to be exercised before due date of filing of return u/s 139(1) and the option so exercised can’t be withdrawn.
i. All the conditions are the same as provided in Sec 115BAA to existing domestic companies except the deduction u/s 80JJAA is not allowed to co-operative society where as it was allowed u/s 115BAA.
ii. The Provisions of Alternate Minimum Tax (AMT) shall not apply to such co-operative societies and even the credit relating to carry forward and set off shall not apply to such co-operative society as mentioned in sec 115JC.
iii. Tax Rate 22% plus surcharge 10% and SHEC 4%.
3. If the above option is not exercised then the existing Tax Slab Rates of Cooperative Societies will continue to apply as per existing Tax Provisions.
3. Amendment in Sec 115BAA and Sec 115BAB
The finance bill 2020 proposes to allow benefit of sec 80M (Dividend Deduction) in addition to sec 80JJAA to companies opting for the concessional rates u/s 115BAA (22%) and 115BAB (15%).
Earlier, sec 115BAB was available to a company not engaged in any business other than the business of manufacture or production of any article or thing and research in relation to, or distribution of, such article or thing manufactured or produced by it. Now, Section 115BAB shall include within its ambit the companies engaged in the business of generation of electricity.
In case of Domestic companies, the income tax rate is 25% of total income, if the gross receipts or turnover is less than 400 crores or If gross receipts or turnover is more than 400 crores, the rate of income tax is 30%.
However, the domestic company can opt either of two options
Option 1 Sec 115BAA
Tax rate 22% subject to condition that turnover is less than 400 crores and no deductions u/s VIA except 80JJAA and 80M alongwith denial of some deductions as specified under business head.
Option 2 Sec 115BAB
Tax Rate 15% with the condition that the company is set up and registered on or after 01.10.2019 and commenced manufacturing or production before 31.03.2023 along with some other conditions as specified).
4. Rationalization of Provisions of startups Section 80IAC
The deduction under this section is 100% of profit & gains for eligible business for 3 Consecutive A.Y.s out of 7 years at the option of assessee. The said eligible startup must be incorporated after 1.4.2016 and before 31.3.2021 and the total turnover of business does not exceed 25 crores. The amendment is brought in this section and the turnover has been increased from 25 to 100 crores and parallelly the period of deduction for 7 years has been substituted with 10 years.
5. Amendment in Section 80EEA
The benefit of section 80EEA of the Act provide for a deduction in respect of interest on loan taken from any financial institution for acquisition of an affordable residential house property whose stamp duty value does not exceed 45 lacs. The deduction allowed is maximum one lakh fifty thousand rupees. The conditions as mentioned in that section was that loan must have been sanctioned during the period from 1st April, 2019 to 31st March, 2020. In order to continue promoting purchase of affordable housing, the period of sanctioning of loan by the financial institution is proposed to be extended to 31st March, 2021.
6. Amendment in Section 6(Residential Status Provisions)
6.1 Instances have come to notice where period of 182 days specified in respect of an Indian citizen or person of Indian origin visiting India during the year, is being misused. Individuals, who are actually carrying out substantial economic activities from India, manage their period of stay in India, so as to remain a non-resident in perpetuity and not be required to declare their global income in India.
The issue of stateless persons has been bothering the tax world for quite some time. It is entirely possible for an individual to arrange his affairs in such a fashion that he is not liable to tax in any country or jurisdiction during a year. This arrangement is typically employed by high net worth individuals (HNWI) to avoid paying taxes to any country/ jurisdiction on income they earn. Tax laws should not encourage a situation where a person is not liable to tax in any country. The current rules governing 24 tax residence make it possible for HNWIs and other individuals, who may be Indian citizen to not to be liable for tax anywhere in the world.
Section 6(1)(c) thereof provides that the individual shall be Indian resident in a year, if he
(i) has been in India for an overall period of 365 days or more within 4 years preceding that year, and
(ii) is in India for an overall period of 60 days or more in that year.
Clause (b) of Explanation 1 of said sub-section provides that an Indian citizen or a person of Indian origin shall be Indian resident if he is in India for 182 days instead of 60 days in that year. This provision provides relaxation to an Indian citizen or a person of Indian origin allowing them to visit India for longer duration without becoming resident of India. The amendment has been made only in respect of clause b of explanation 1 to sec. 6 and that is only relevant in respect of Indian citizen or person of Indian origin visiting India and not for basic conditions as mentioned in section 6(1)(a). The period of 182 days as provided in clause b of explanation 1 to sec.6 has been decreased to 120 days.
6.2 Not Ordinarily Resident redefined A person is said to be “not ordinarily resident” in India in any previous year, if such person is:
a) an individual who has been a non-resident in India in 7 out of the 10 previous years preceding that year; or
b) a HUF whose manager has been a non-resident in India in seven out of the ten previous years preceding that year
6.3 Insertion of clause 1A to section 6 by Finance bill 2021
An Indian citizen who is not liable to tax in any other country or territory shall be deemed to be resident in India. With a target to cover stateless person, it is proposed that an Indian Citizen, shall be deemed to be a resident of India for tax purposes, if he is not liable to tax in any other country or territory by reason of his domicile or residence.
7. Penalty for fake invoices by insertion of new section 271AAD
To curb the practice of obtaining fake GST invoices so as to claim the input tax credit, a new section 271AAD has been proposed to be inserted to levy a penalty of an amount equal to the aggregate amount of such fake invoices.
Therefore, it is proposed to introduce a new provision in the Act to provide for a levy of penalty on a person, if it is found during any proceeding under the Act that in the books of accounts maintained by him there is a
(i) false entry or
(ii) any entry relevant for computation of total income of such person has been omitted to evade tax liability. The penalty payable by such person shall be equal to the aggregate amount of false entries or omitted entry. It is also propose to provide that any other person, who causes in any manner a person to make or cause to make a false entry or omits or causes to omit any entry, shall also pay by way of penalty a sum which is equal to the aggregate amounts of such false entries or omitted entry.
The false entries is proposed to include use or intention to use –
(a) forged or falsified documents such as a false invoice or, in general, a false piece of documentary evidence; or
(b) invoice in respect of supply or receipt of goods or services or both issued by the person or any other person without actual supply or receipt of such goods or services or both; or
(c) invoice in respect of supply or receipt of goods or services or both to or from a person who do not exist. This amendment will take effect from 1st April, 2020
8. Abolition of Dividend Distribution Tax (DDT) Section 115- O/ 115R
Dividend from the domestic company or income from units of a mutual fund shall be taxable in the hands of shareholders or unit holders at the applicable rate and the domestic company or mutual funds shall not be required to pay any distribution tax. However, taxes shall be deducted from the payment of dividend or income of units, as the case may be. Earlier the companies were required to pay DDT and such dividend received by shareholders was exempt u/s 10(34)/10(35).
9. Safe harbour of 5% increased to 10% in sec. 43CA, 50C and 56
Safe harbour limit of 5% under Section 43CA, 50C and 56 has been extended to 10%. These provisions shall not apply if the stamp duty value of an immovable property does not exceed 10% of the consideration or Rs. 50,000, whichever is higher.
10. Rationalisation of provisions relating to tax audit in certain cases (Sec. 44AB)
10.1 In order to reduce compliance burden on small and medium enterprises, it is proposed to increase the threshold limit for a person carrying on business from One crore rupees to Five crore rupees in cases where,-
aggregate of all receipts in cash during the previous year does not exceed five per cent of such receipt (it is pertinent to mention here that the word here mentioned is receipts so the total collection from the debtors and sale of capital assets and other receipts should also be taken care); and
(i) aggregate of all payments in cash during the previous year does not exceed five per cent of such payment.
10.2 The explanation (ii) has also been amended by substituting the word “means” with the “date one month prior to” due date of furnishing of returns. Therefore, the audit due date other than assessee covered by transfer pricing will be 30th whereas the return filing date for such assessee other than covered by Transfer Pricing is 31st Oct. This is as per amendment made in explanation to Sec. 139(1). Furthermore, in transfer pricing audit cases the due date for uploading of audit report is 31st Oct. and whereas filing of return is 30th Nov.
11. TDS Provisions
11.1 Relaxations in Section 194LC
Section 194LC of the Act provides for a concessional deduction of tax at 5% by a specified company or a business trust, on interest paid to non-residents on borrowing made in foreign currency. The period of said concession deduction has been proposed to be extended to 01-07-2023 from 01-07- 2020. Further, the rate of TDS been reduced to 4% on interest payment against borrowings through issues of long-term bonds and RDB which are listed only on a recognised stock exchange in any IFSC.
11.2 Relaxations in Section 194LD
Section 194LD of the Act provides for lower TDS of 5% in case of interest payments to Foreign Institutional Investors (FII) and Qualified Foreign Investors (QFIs) on their investment in Government securities and Rupee Denominated Bonds of an Indian company. It has been proposed to extend the period of concessional TDS of 5% to 01- 07-2023 from existing 01-07-2020. Further, the concessional rate of TDS of 5% under the said section shall also apply on the interest payable to an FII or QFI in respect of the investment made in municipal debt security.
11.3 No withholding of tax at the time of ESOP’s are allotted to the employee (Sec. 192)
Currently ESOPs are taxed as perquisites and there are two points of taxation i.e. at the time of exercising the option and capital gains at the time of sales. The said tax burden leads to cash flow problem in the hands of employee as the benefit of ESOP was in kind. Therefore the TDS deduction has been deferred by amendment made by Finance Bill 2020 which is as follows:-
Deduction of tax from perquisite arising on the allotment of shares, under ESOP to an employee of a Start-up, shall be proposed to be made at the time of happening of any of the following events:
a) On expiry of 4 year from the end of the Assessment year in which ESOP are exercised;
b) At the time the employee leaves the organization; or
c) At the time of sale of shares allotted under ESOP.
Parallel amendment has been made in sec. 191 that assessee is required to pay tax if no TDS is deducted.
11.4 Fees for technical services shall be subject to 2% TDS under Section 194J
Tax under Section 194J in case of fees for technical services (other than professional services) shall be proposed to be deducted at the rate of 2% (previously it was 10%). The TDS rate in other cases including fees for professional services shall remain same.
It is noticed that there are large number of litigations on the issue of short deduction of tax treating assessee in default where the assessee deducts tax under section 194C, while the tax officers claim that tax should have been deducted under section 194J of the Act.
11.5 Amendment in Section 194A
Co-operative society having gross receipts or turnover exceeding Rs.50 crore in the previous financial year required to deduct TDS from interest if it exceeds in case of:
Senior Citizens: Rs. 50,000
Any other case: Rs. 40,000
11.6 Amendment in Section 194C
Section 194C provides for deduction of tax from payment to a resident person for carrying out any “work”. The definition of work has been proposed to be amended to provide that if any product is supplied or manufactured according to requirements of the customer, it shall fall under the category of ‘work’ even if raw material is supplied by the associated enterprise as defined u/s 40A(2)(b) of the said act of said customer.
11.7 TDS on E-commerce transactions (Sec. 194-O)
It is proposed to insert a new Sec 194-O in the Act so as to provide for a new levy of TDS at 1%. Key points of the new TDS levy are: –
TDS is to be paid by e-commerce operator for sale of goods or provision of service facilitated by it through its digital or electronic facility or platform – E-commerce operator is required to deduct tax at the time of credit of amount of sale or service, or both to the account of e-commerce participant or at the time of payment thereof to such participant by any mode, whichever is earlier – Tax at 1% is required to be deducted on the gross amount of such sales or service or both – Any payment made by a purchaser of goods or recipient of services directly to an e-commerce participant shall be deemed to be amount credited or paid by the ecommerce operator to the e-commerce participant and shall be included in the gross amount of such sales or services for the purpose of deduction of income tax.
12 Widening scope of Sec 206C to include TCS on foreign remittance through Liberalized Remittance Scheme (LRS) and on selling of overseas tour package –
This amendment will take effect from 1st April, 2020.
Further, in order to widen and deepen the tax net, it is proposed to amend section 206C to levy TCS on sale of goods above specified limit, as under:
13. Exempting non-resident from filing of Income-tax return in certain conditions.
It is now proposed to extend Sec 115A(5) exemption to non-residents whose total income consists only of the income by way of royalty or FTS of the nature specified in clause (b) of Sec. 115A(1) and TDS on such income has been deducted according to the provisions of Chapter XVII-B of the Act. This amendment will take effect from 1st April, 2020 and will, accordingly, apply in relation to the assessment year 2020-21 and subsequent assessment years.
14. Listing requirement of business trust on stock exchange has been relaxed
The Finance Bill 2020 has proposed that Business Trusts will not be required to get listed on a recognised stock exchange for availing the benefit of pass-through allowed under section 115UA.
15. Rationalization of tax treatment of employer’s contribution to recognized provident funds, superannuation funds and national pension scheme
16. Provision for e-appeal
In order to achieve the motto of faceless assessment at CIT(A) level, an appellate system with dynamic jurisdiction, in which appeal shall be disposed of by one or more Commissioner (Appeals), has been proposed. The Central Govt. may notify the scheme in this regard by 31-03-2022.
17. No stay by ITAT unless 20% of the disputed tax is deposited
It is proposed to provide that stay under the first proviso to section 254(2A) shouldn’t be provided by ITAT unless assessee deposits or furnish security for atleast 20% of the amount of tax, interest, fee, penalty, or any other sum payable under the provisions of this Act.
Further stay under second provision to section 254(2A) can only be granted on an application made by the assessee, if the delay in not disposing of the appeal is not attributable to the assessee and the assessee has deposited 20% of the amount of tax, interest, fee, penalty, or any other sum payable under the provisions of this Act. The total stay granted by ITAT cannot exceed 365 days.
18. 133A Providing check on survey operations u/s 133A
Under the existing provisions of section 133A of the Act, an income-tax authority (not below the rank of Joint Director or Joint Commissioner) is empowered to conduct survey at the business premises of the assessee under his jurisdiction.
It is proposed to amend Sec 133A(6) to provide that: –
– in a case where the information has been received from the prescribed authority, no income-tax authority below the rank of Joint Director or Joint Commissioner, shall conduct any survey under the said section without prior approval of the Joint Director or the Joint Commissioner, as the case may be;
– in any other case, no income-tax authority below the rank of Commissioner or Director, shall conduct any survey under the said section without prior approval of the Commissioner or the Director, as the case may be.
This amendment will take effect from 1st April, 2020
19. Insertion of Taxpayer’s Charter in the Act
It is proposed to insert a new Section 119A in the Act to empower CBDT to adopt and declare a Taxpayer’s Charter and issue such orders, instructions, directions or guidelines to other income-tax authorities as it may deem fit for the administration of Charter.
20. FMV of property purchased before 01-4-2001 shall not exceed stamp duty value (Sec 55)
If the land or building is purchased before 01-4-2001, the fair market value as on that date can be taken as cost of acquisition of such property as per existing provisions of the Act. It has been proposed that such fair market value can’t exceed the stamp duty value of the property as on 01-04-2001.