Thursday, 10 July 2014

Budget 2014 At First Glance



Economy & Key Policy Announcements :

  • Fiscal deficit target for FY 15 = Rs. 5 lakh crores i.e 4.5% of GDP and for FY 16, estimated at 3.6%
  • Revenue Deficit 2.9% of GDP
  • Budget estimates of Revenues : Tax 13 lakh crores, Non-Tax 2.12 lakh crores, Capital Receipts 73k crores
  • Budget estimates of Expenditure : Plan 5.75 lakh crores, Non-Plan 12.20 lakh crores
  • Increase in taxes estimated at 21%
  • Thrust on infrastructure viz. creations of smart cities, transport infrastructure, tourism and also on social sector 
  • A 10,000 crore fund set up to support and promote start up companies
  • Lot of thrust on transportation viz. highways, ports, airports, waterways etc.
  • Ceiling for MSME definition to be enhanced
  • Financial sector reforms by way of single demat accounts, common KYC forms
  • New accounting standards converged with IFRS to become mandatory from FY 2016-17 and separate tax computation standards to be announced
  • No CRR/SLR etc. for banks when they invest in infrastructure bonds

Foreign Investment :

  • Cap on FDI in defense increased to 49% from 24% subject to FIPB approval
  • Cap in Insurance also increased to 49%
  • Conditions on FDI In housing construction relaxed
  • Manufacturing companies with FDI can sell online or through retail chains
  • Concessional Withholding tax of 5% on overseas bonds
  • Portfolio investment gains shall be treated as capital gains and not business income

Direct Tax :

  • Limit for individual taxpayers increased from Rs. 2 lakhs to Rs. 2.5 lakhs
  • Limit for senior citizens increased from Rs. 2.50 lakhs to Rs. 3 lakhs
  • No other change in slab rates or surcharge
  • Limit of exemption u/s. 80C increased from Rs. 1 lakh to Rs. 1.50 lakhs
  • Interest on housing loans for self occupied properties to be deductible upto Rs. 2 lakhs now instead of Rs. 1.50 lakhs
  • Investment allowance of 15% on capital investment in new P&L of Rs. 25 crores and above. Earlier scheme of Rs. 100 crore capex to continue
  • Tax holiday to power plants extended
  • Concessional tax of 15% on dividends from foreign subsidiaries to continue without any sunset clause
  • Dividend to be taxed in the hands of recipients instead of companies (not very clearly mentioned and one needs to see the fine print)
  • APA system to apply even for past 4 years
  • Range concept introduced for arms length price in Transfer pricing with multiple year comparable
  • LTCG on mutual fund units to be taxed at 20% and period for calculating LTCG increased from 12 months to 36 months
  • Dis-allowance due to non deduction of TDS on any expense reduced to 30% instead of 100%
  • Advance ruling concept introduced for residents also

Indirect Tax :

  • Customs duty reduced on a lot of raw materials and intermediates to boost manufacturing
  • Customs duty reduced on capital equipment and consumables for solar, wind, bio gas and other renewable energy sectors
  • All types of cut, polished, broker, semi cut etc. diamonds and colour gems stones to be now liable to customs duty at 2.5%
  • Free baggage allowance increased from Rs. 35,000 to Rs. 45,000
  • Excise duty reduced on footware, food processing, renewable energy inputs/capital goods etc while duty on cigarettes, tobacco, carbonated soft drinks etc. increased
  • No major change in service tax regulations except for a few items shifted in or out of negative list or exempted list
  • Advance ruling concept introduced for residents

G&J Industry :

  • Increase in ceiling for MSME definition shall enable more G&J companies to be eligible for 2% interest subvention scheme
  • Customs duty increased on polished diamonds from 2 to 2.5% and even broken or semi cut diamonds to be now leviable to duty
  • PF limit increased from Rs. 6500 to Rs. 15000 and EPS (Pension) limit shall be now a minimum of Rs. 1,000

Investments & Stock Markets :

  • Real Estate Investment Trusts (REITS) and Infrastructure Trusts to become permissible
  • Small saving schemes like NSC, KVP etc. to be boosted
  • Investment limit in PPF increased from Rs. 1 lakh to Rs. 1.5 lakhs

Wednesday, 27 February 2013

Budget 2013 Key Points

Service tax amnesty scheme is an innovative scheme. One needs to understand the fine print to give a final judgement on the same.

Wednesday, 28 November 2012

Service tax on Construction of Residential Units

Construction of individual residential units isn't chargeable to service tax [CESTAT-Del.]

Tuesday, 27 November 2012

Recent Case Laws Related to Cenvet Credit

  • Maintenance of factory garden - Landscaping of factory and keeping it eco-friendly is a part of its modernization, renovation, repair, etc.; hence, service tax paid on maintenance of garden is eligible for input service credit - [2012] 26 taxmann.com 20 (Bangalore - CESTAT)
     
  • CENVAT Credit on incomplete documents - If input service has been availed and credit is otherwise permissible, denial of credit on technical grounds would be absurdity - [2012] 26 taxmann.com 30 (New Delhi - CESTAT)

Thursday, 13 September 2012

New Indirect Tax Updates/Judgements


A).  Service Tax

1). Services provided by Member’s Club to its members not liable to service tax (Ranchi Club Limited v CCE & ST (2012) (26 STR 401) (Jharkhand High Court))

2). Eligibility of CENVAT credit on inputs used in construction of warehouse CCE v Sai Sahmita Storages Private Limited (2012) (34 STT 306) (Andhra Pradesh High Court)

3). Rule 5 refunds can be claimed on CENVAT credit availed in prior periods CCE v Chamundi Textiles Silk Mills Limited (2012) (26 STR 498) (Bangalore Tribunal)

4). Services consumed outside the SEZ are not eligible for service tax ex-emption DHL Lemuir Logistics Private Limited v CCE (2012-TIOL-705) (Mumbai Tribunal)

5). Levy of education cess and secondary and higher education cess to continue. (Circular No DOF No.334/1/2012-TRU dated June 29, 2012)

B). Customs

1).   High sea sales agreement to be executed on Rs. 100 stamp paper Commissioner of customs (Imports), ACC, Mumbai, Facility Notice No. 18/2012, dated May 22, 2012

C). Central Excise

1).   No requirement to reverse CENVAT credit when capital goods are ex-ported, without payment of duty, under bond, for repairs CCE, Indore v Grasim India Limited – 2012 (279-ELT-440) (Delhi Tribunal)

Tuesday, 11 September 2012

E-payment of customs duty made mandatory


Vide Circular No. 24/2012 – Customs, making of e-payment of duty has been made mandatory for importers registered under Accredited Clients Programme and importers paying customs duty of one lakh rupees or more per Bill of Entry with effect from 17.09.2012.

Tuesday, 4 September 2012