Highlights of Union Budget 2016-17

BUDGET SEMINAR ACAE jointly with DTPA –  MARCH 1, 2016

EXCISE DUTY

Heading	Existing	Proposed
Excise duty on refrigerated containers being reduced	12.5%	6%
Excise duty on parts of railway or tramway locomotives or rolling stock and railway or tramway track fixtures and fittings, railway safety or traffic control equipment, etc. being reduced.	12.5%	6%
Excise duty on branded readymade garments and made up articles of textiles of retail sale price of Rs. 1000 or more being changed.	Nil (Without ITC) or 6% 12.5% (with ITC )	2% (without ITC) or 12.5% (with ITC)
The Tariff value for excise / CVD purposes on readymade garments and made up articles of textiles being changed.	30% of retail sale price	60% of retail sale price
The Tariff value for excise / CVD purpose on readymade garments and made up articles of textiles being changed.	NIL	1% (without ITC ) or 12.5% (ITC)
Excise duty on waters including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured being increased	18%	21%
Excise duty on Gutkha, chewing tobacco (including filter Khaini) and jarda scented tobacco being increased	70%	81%
Excise duty on Unmanufactured tobacco being increased	55%	64%

 

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Highlights of Union Budget 2016-17

BUDGET SEMINAR ACAE jointly with DTPA –  MARCH 1, 2016

• Abatement rate in respect of construction of residential complex, building is rationalized at 70% w.e.f 01.04.2016.
• Clean Energy Cess on coal increased from Rs. 200 per tonne to Rs. 400 per tonne
• Cess on crude reduced from 4500/MT to 20% ad valorem. Positive for companies like ONGC.
• Proposed to exempt parts of dialysis equipment from basic customs duty.
• Basic custom & excise duty on refrigerated containers reduced to 5%.
• Higher excise duty on readymade garments priced at Rs. 1,000 or more.
• Proposed to raise duty on most tobacco product by 10-15%.
• Infrastructure cess levied on motor vehicles ranging from 1% to 4%
• Number of returns for central excise assassee, above a certain threshold, is being reduced, from 27 to 13, one annual and 12 monthly returns. The annual return will also have to be filed by service tax assesses, above a certain threshold, taking total number of returns to three in a year for them. This will come into effect from 01.04.2016. The facility for revision of return, hitherto available to a services tax assessee only, being extended to manufacturers also.

CHANGES IN TAX TARES IN MAJOR CASES

SERVICE TAX

Heading	Existing	Proposed
Services provided by National Centre for Cold Chain Development of Agriculture, Cooperation and Farmer’s welfare, Government of India, by way of knowledge dissemination with effect from 01.04.2016	14%	NIL
Exemption on services provided by, -( i ) a senior advocate to an advocate or partnership firm of advocates providing legal Service; and (ii) a person represented on an arbitral tribunal to an arbitral tribunal, being withdrawn and service tax being levied under forward charge, with effect from 01.04.2016	NIL	14%
Services of transport of passengers, by ropeway, cable car or aerial tramway being withdrawn, with effect from 01.04.2016	NIL	14%
Negative List entry that covers ‘service of transportation of passengers, with or without accompanied belongings, by a stage carriage’ being omitted and tax proposed to be levied on service of transportation of passengers by air conditioned stage carriage, at the abatement of 60% without input tax credit, with effect from 01.04.2016	NIL	5.6%
Abatement on shifting of used household goods by a Goods Transport Agency is being rationalized at the rate of 60% without input tax credit, with effect from 01.04.2016	4.2%	5.6%
Service Tax on service of life insurance business provided by way of annuity under National Pension System regulated by Pension Fund Regulatory and Development Authority (PFEDA) w.e.f 01.04.16	3.5%	NIL
Service tax provided by Employee’ Provident Fund Organization (EPFO) to employees, with effect from 01.04.2016	14%	NIL
Composition rate of service tax on single premium annuity (Insurance) policies with effect from 01.04.2016	3.5%
Service tax on services provided by insurance Regulatory and Development Authority of India (IRDA) w.e.f 01.04.2016	14%	NIL
Service tax on the services provided by way of skill / vocational training by training partners under Deen Dayal Upadhyay Grameen Kaushalya Yojana w.e.f 01.04.2016.	14%	NIL
Service tax of assessing bodies empanelled centrally by Directorate General of Training, Ministry of Skill Development & Entrepreneurship w.e.f 01.04.2016.	14%	NIL
Interest rates on delayed payment of duty/tax across all indirect taxes being rationalized at 15%, except in case of service tax collected but not deposited to the exchequer, in which case the rate of interest will be 24% from the date on which the service tax payment became due. For assesses with taxable value during preceding year / years covered by the notice is less than Rs. 60 Lakh, the rate of interest on delayed payment of service tax will be 12%. This will come into effect from date of enforcement of Finance Bill, 2016.	Custom 18% Excise 18% Service tax 18% 24 % 30%	Customs Excise Service tax 15%. 24% in case of tax collected but not deposited
Exemption from service tax being extended to services provided by way of construction, maintenance etc. of canal, dam or other irrigation works provided to bodies set up by Government, during the period from the 1st July, 2012 to 29 th January, 2014	5.6% of total amount	NIL

Highlights of Union Budget 2016-17

BUDGET SEMINAR ACAE jointly with DTPA –  MARCH 1, 2016

        Tax rate for Domestic Companies:

• Where its total turnover or the gross receipt in the previous year 2014-15 does not exceed Rs. 5 crores – 29% of the total income shall be taxable.
• And in all other cases, it will be 30% of the total income.
  

  Surcharge on domestic companies:

• 7% whose taxable income exceeds Rs. 1 crore, but exceeds Rs. 10 crores p.a
• 12% whose taxable income exceeds Rs. 10 crores p.a
  

  Surcharge on other than domestic companies:

• 2% whose taxable income exceeds Rs.1 crore, but does not exceeds Rs. 10 crores p.a
• 5% whose taxable income exceeds Rs.10 crores p.a
  

  Dividend Distribution Tax Increased:

  Additional tax at the rate of 15 per cent on dividends paid to its shareholders by the domestic company. [Section 115 – O]

Key Indirect Tax Proposals 

Krishi Kalyan Cess @ 0.5% on the value of taxable services proposed to be introduced w.e.f 1^st day of June, 2016 to improve agriculture & other purpose relating to it.

Equalisation levy proposed to be charged @6% of the amount of consideration for any specified serviced received or receivable exceeding Rs. 1 lacs in the financial year by a non resident person not having permanent establishment in India from:

1. A resident person carrying on business or profession; or
2. A non- resident having a permanent establishment in India.

• The Indirect Tax Dispute Resolution Scheme, 2016 proposed to come into force on 1^st June, 2016 applicable to the declaration made up to 31^st December, 2016:

A person may make a declaration to the designated authority on or before 31^st Dec, 2016.

The designated authority shall acknowledge the same in such form as maybe prescribed.

The declaring shall pay tax due along with the interest & penalty equivalent to 25% of the penalty imposed in the impugned order within 15 days of the receipt of acknowledgement & intimate the designated authority within 7 days of making such payment giving details of payment made along with the proof. Within 15 days of the receipt of such proofs, the designated authority shall pass an order of discharge of dues.

• No Service tax for houses built under 60 square meters.
• Notification No. 14/2012 – ST, was amended by notification No. 1/2016 – ST so as to, inter alia, allow refund of service tax on services used beyond the factory etc. for the export. This amendment is being made effective from, 1^st July 2012. This will come into effect from the date of enforcement of Finance Bill 2016.
• Quarterly payment of services tax being extended to ‘one Person Company’ (OPC) and HUF also, with effect from 01.04.2016
• Facility of payment of service tax being extended on receipt basis to ‘One Person Company’ (OPC) also, with effect from 01.04.2016
• 13 cesses levied by other Ministries/Departments and administered by the Department of Revenue, where the revenue collection from each of them is less than Rs. 50 crore in a year being abolished.
• CENVAT Credit Rules, 2004 being amended, to improve credit flow, reduce the compliance cost and litigation, particularly those relating to apportionment of credit between exempted and non-exempted final products/ services. Changes are also being made in the provisions relating to input services credit to outsourced manufacturers, under certain circumstances. Amendments will also enable manufactures with multiple manufacturing units to maintain a commom warehouse for inputs and distribute inputs with credits to the individual manufacturing units. This will come into effect from 01.04.2016
• The monetary limit for launching prosecution being increased to Rs. 2 crore of services tax evasion and the power to arrest being restricted only to situations where the tax payer has collected the tax but no deposited in to the exchequer above a certain threshold of Rs. 2 crore. This will come into effect from date of enforcement of Finance Bill 2016.
• Notification No. 27/2012 – C.E. (N.T.) being amended so as to provided that time limit for filling application for refund of Cenvat Credit, in case of export of services, is 1 year from the spevified date, with effect from 01.03.2016.
• Period of limitation in respect of levy/payment/refund of service tax due to some error, is increased to 30 months from 18 months.

Fuel cost to be included for availing abatement on services by renting of motor cab from 01.04.2016.

Highlights of Union Budget 2016-17

BUDGET SEMINAR ACAE jointly with DTPA –  MARCH 1, 2016

Penalty rates to be 50% of tax case of underreporting of income and 200% of tax where there is misreporting of facts.

Time Limit of one year for disposing petitions of the tax payers seeking waiver of interest and penalty.

Mandatory for the assessing officer to grant stay of demand once the assesse pays 15% of the disputed demand, while the appeal is pending before Commissioner of income-tax (Appeals).

Surcharge to be raised from 12% to 15% on persons, other than companies, firms and cooperative societies having income above 1crore.

New manufacturing companies (set up after 1, 2016 ) to be taxed at 25% plus surcharge and cess.

From FY 17, small companies with exceeding Rs. 5 crore to be taxed at 29% plus surcharge and cess.

Major Amendments in Income Tax

Section	Particulars	Existing / Changes	Effective Date
Sec 2	Amendment of section 2.	(23c) “hearing includes communication of data documents through electronic mode.	1st June, 2016
Sec 6 Clause (3)	Insertion of new Explanation Substitution of Clause three – More clarity on place of effective management	A company is said to be resident in India in any previous year, if – (i)It is an Indian company; or (ii)Its place of effective management, in that year, is in India.Explanation. – For the purpose of this clause “place of effective management” means a place where key management and commercial decisions that are necessary for the conduct of the business of an entity as a whole, are in substance made.	1st April, 2017

Highlights of Union Budget 2016-17

BUDGET SEMINAR ACAE jointly with DTPA –  MARCH 1, 2016

• Persumptive Taxation with profit presumption @50% introduced for professionals with receipts up to Rs. 50 Lacs p.a.
• Limited period compliance window for undisclosed income from 1^st June, 2016 to 30^th Sept, 2016. Tax payable is 30% + 7.5% Surcharge + 7.5% Penalty. Total tax computed at 45%. Immunity assured from scrutiny and prosecution.
• E-assessment of scrutiny cases, making life easier for the tax payer.
• The Government re-affirmed its plans to implement General Anti Avoidance Rule (GAAR) from April 1, 2017, a major negative for Flls & the stock market. Further POEM (place of effective management ) is deferred by 1 year.
• 1% Tax Collected at Source (TCS) on any in – cash purchase of goods (other than bullion and jewellery ) & services over Rs. 2 lacs.
• 1% TCS on purchase of luxury car amounting to Rs 10 lac or more.
• 6% withholding tax (equalization levy ) on B2B transactions by e-commerce companies to holding companies abroad.
• Securities Transaction Tax (STT) in case of “Options” is proposed to be increased from .017% to .05%.
• Phasing out deduvtion under Invome Tax:
• Accelerated depreciation wherever provided in IT ACT will be limited to maximum 40% from 1.4.2017
• Benefit of deductions for Research would be limited to 150% from 1.4.2017 and 100% from 1.4.2020
• Benefit of section 10AA to new SEZ units will be available to those units which commence activity before 31.3.2020.
• The weighted deduction under section 35CCD for skill development will continue up to 1.4.2020
• Non-banking financial companies shall be eligible for deduction to the extent of 5%of its income in respect of provision for bad and doubtful.
• One-time scheme of Dispute Resolution for ongoing cases under retrospective amendment.

Highlights of Union Budget 2016-17

BUDGET SEMINAR ACAE jointly with DTPA –  MARCH 1, 2016

Key Direct Tax Proposals

• People with income less than Rs. 5 lakh to get rebate of Rs 5,000, up from Rs 2,000 last year.
• Deduction for those who pay rent and do not have a house of their own and also do not get HRA from employers up from Rs. 24,000 to Rs. 60,000 p.a.
• Disallowance will be limited to 1% of the actual expenditure claimed under rule 8D of Section 14A of income tax Act.
• Tax on retirees: At present, social security schemes run by retirement fund body EPFO are tax free EEE ( exempt – exempt – exempt) scheme. That means deposits, accrual of interest and withdrawals are tax free under the scheme in order to bring greater parity in tac treatment of different types of pension plans, it is proposed that the contributions made on or after April 1, 2016 by an employee participating in a recognized provident fund and superannuation on withdrawal shall be exempt from tax. It is proposed to provide that any payment in commutation of an annuity purchased out of contrinution made on or after April 1, 2016, which exceeds 40% of the annuity, Shall be chargeable to tax.
• For first home buyers, additional exemption of interested on housing loan of Rs. 50,000. Qualifying Criteria is that the loan value should be max Rs. 35 Lakh on cost of house not exceeding Rs. 50 lakh.
• Tax-free superannuation limit increased to Rs 1.5 lacs.
• Dividend income of individuals and HUF exceeding Rs 10 lac p.a will now be taxable @10%
• Tax holiday for eligible starts – ups set up after April 1, 2016 for three consecutive years out of the first five years of setting up the company.
• Long Term Capital gain period for unlisted companied reduced from 3 to 2 years in respect of sale of shares.
• Presumptive Taxation limit enhanced to Rs. 2 crores. Thus small & medium business can opt for 8% presumed income & will not have to maintain accounts or get them audited up to turnover of Rs. 2 Cr.

Double Taxation Agreement With Maldives

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An agreement provides for relief from double taxation for airline enterprises of India & Maldives by way of exemption of income derived by the enterprise of India from the operation of aircraft in international traffic from Maldivian tax and vice versa.

Tax Benefit/Incentive on Various Digital Payment of Government Taxes:

Govt. of India’s Cabinet of ministers has decided to give incentives on payment through debit card, credit card and online banking. It has approved digital payment being keen to move from a cash dominated payment ecosystem to cash less one, to eradicate the black money menace from the country. The cabinet approved several short term measures to be implemented within a year and medium term measures to be implemented within two years by the govt.

It has also taken steps ,

1. For withdrawal of surcharge or service charge or convenience fee on card & digital payment.
2. Rationalization of telecom service charges for digital transaction.
3. Promotion of mobile banking.
4. Creation of necessary assurance mechanism for quick resolution of fraudulent transactions.
5. Promotion of digital payment will reduce tax evasion and tax avoidance.

The cabinet has approved no tax on ATAL innovation scheme and ATAL pension scheme. Self employment and talent utilization schemes for focusing on innovation & entrepreneurship.