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Explanatory Notes to the provisions of the Finance Act, 2013

Wednesday, January 29, 2014 Posted by Unknown , , , , No comments
Circular No.03/2014, F. No. 142/24/2013-TPL, dated 24.01.2014

Explanatory Notes to the provisions of the Finance Act, 2013

            Amendments at a Glance:

Section/Schedule

Particulars/Paragraph number

Finance Act, 2013
First Schedule
Rate Structure, 3.1 - 3.4

Income-Tax Act, 1961
2

Change in the definition of capital asset, 4.1-4.5

10

·         Change in the definition of keyman insurance policy, 5.1 – 5.5;
·         exemption to income of investor Protection Fund of depositors, 6.1-6.3 ;
·         pass through status to certain Alternative Investment Funds, 7.1 – 7.4;
·         exemption of income received in India in Indian currency by a foreign company, 8.1 – 8.4;
·         Exemption to National Financial Holdings Company Limited, 9.1 – 9.3.

Insertion of new section 32AC

Incentive for acquisition and installation of new plant or machinery by manufacturing company, 10.1-10.4.

36

Clarification for amount to be eligible for deduction as bad debts in case of banks, 11.1 - 11.8.

40
Disallowance of certain fee, charge, etc. in case of State Government Undertakings, 12.1 - 12.3.

Insertion of new section 43CA

Computation of income under the head “profits and gains of business or profession” for transfer of immovable property in certain cases, 13.1 – 13.4.

56

Taxability of immovable property received for inadequate consideration, 14.1 – 14.4.

80C

Raising of limit of percentage of eligible premium for life insurance policies of persons with disability or disease, 15.1 – 15.6.

80CCG

Expanding the scope and deduction and its eligibility under the section, 16.1 - 16.5.

80D

Deduction for contribution to Health Schemes similar to Central Government Health Scheme (CGHS), 17.1 -17.3.

Insertion of new section 80EE

Deduction in respect of interest on loan sanctioned during financial year 2013-14 for acquiring residential house property, 18.1 – 18.4.

80G

One hundred per cent deduction for donation to National Children‘s Fund, 19.1- 19.4.

80GGB &
80GGC

Contribution not to be in cash for deduction under section 80GGB & 80GGC, 20.1 – 20.3.

80-IA

Extension of the sunset date under the section for the power sector, 21.1 – 21.3.

80JJAA

Deduction for additional wages in certain cases, 22.1 – 22.6.

87 and Insertion of new section 87A

Rebate of 2000 for individuals having total income up to Rs. 5 lakh, 23.1 – 23.4.

90 and 90A

Tax Residency Certificate, 24.1-24.5.

Omission of Chapter X-A relating to general Anti Avoidance Rule and Insertion of new Chapter X-A, omission of section 144BA and insertion of new section 144BA, amendment of sections 144C, 153D, 245N, 245R, 246A, 253 and 295

General Anti Avoidance Rule (GAAR), 25.1-25.5.

115A

Taxation of income by way of Royalty or fees for technical services, 26.1 - 26.4.

115BBD

Lower rate of tax on dividends received from foreign companies, 27.1 – 27.3.

115-O

Removal of the cascading effect of Dividend Distribution Tax (DDT), 28.1 – 28.5.

Insertion of new Chapter XII-DA

Additional income-tax on distributed income by company for buy-back of unlisted shares, 29.1 – 29.4.

115R

Rationalisation of tax on distributed income by the Mutual Funds, 30.1 – 30.5.

Insertion of new Chapter XII-EA

Taxation of securitisation trusts, 31.1 - 31.4.

132B

Application of seized assets, 32.1 – 32.3.

138

Replacement of terms “Foreign Exchange Regulation Act, 1947” and “Foreign Exchange Regulation Act, 1973” with “Foreign Exchange Management Act, 1999”, 33.1 – 33.4.

139

Return of income filed without payment of self-assessment tax to be treated as defective return, 34.1- 34.3.

142

Direction of special audit under sub-section (2A) of the section, 35.1 – 35.3.

153 and 153B

·         Exclusion of time I computing the period of limitation for completion of assessments and reassessments, 36.1 – 36.6;
·         Time limit for completion of assessment or reassessment where reference is made to the transfer pricing officer, 37.1 – 37.6.

167C and 179

Clarification of the phrase “tax due” for the purposes of recovery in certain cases, 38.1 – 38.3.

Insertion of new section 194-IA

Tax Deduction at Source (TDS) on transfer of certain immovable properties (other than agricultural land), 39.1-39.6.

Insertion of new section 194LD, amendment of sections 115AD, 195 and 196D

Income by way of interest on certain bonds and Government securities, 40.1 – 40.2.

204

Meaning of person “responsible for paying” under Chapter XVII, 41.1 – 41.4.

206AA

Exemption from requirement of furnishing PAN under section 206AA to certain non-resident bond holder, 42.1 -42.3.

206C

Removal of exemption from levy of Tax Collection at Source (TCS) to cash sale of any coin or any other article weighing 10 grams or less, 43.1 – 43.2.

252

Appointment of President of the Appellate Tribunal, 44.1 – 44.4.

Substitution of new section for section 271FA

Penalty under section 271FA for non-filing of Annual Information Return, 45.1 – 45.5.

Fourth Schedule

Extension of time for approval, 46.1 – 46.5.

Wealth-tax Act, 1957
2

Change in the definition of capital asset; exemption from wealth tax to agricultural land situated in urban area, 47.1 – 47.3.

Insertions of new sections 14A and 14B and amendment of section 46

Enabling provisions for facilitating electronic filing of annexure-less return of net wealth, 48.1 - 48.4.

Finance (No.2) Act, 2004
Section 98 of the Finance (No.2) Act, 2004

Rationalisation of securities transaction tax rates, 49.1 – 49.3.

Chapter VII, Finance Act, 2013
Chapter VII of the Finance Act, 2013 and amendment in sections 36 and 43 of the Income-tax Act, 1961

Commodities Transaction Tax, 50.1 – 50.6.2.




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