Honourable President of India has Given its Assent to Finance Bill 2012 or Budget 2012-13 on 28.05.2012. The Finance Bill 2012 already received the assent of Lok Sabha & Rajya Sabha.? You can also download Finance Bill 2012, We have provided link for the same at the bottom of the post.
FINANCE ACT, 2012
[Act No. 23 of 2012]
An Act to give effect to the financial proposals of the Central Government for the financial year 2012-2013.
BE it enacted by Parliament in the Sixty-third Year of the Republic of India as follows:?
CHAPTER I
PRELIMINARY
Short title and commencement.
1. (1) This Act may be called the Finance Act, 2012.
(2) Save as otherwise provided in this Act, sections 2 to 119 shall be deemed to have come into force on the 1st day of April, 2012.
CHAPTER II
RATES OF INCOME-TAX
Income-tax.
2. (1) Subject to the provisions of sub-sections (2) and (3), for the assessment year commencing on the 1st day of April, 2012, income-tax shall be charged at the rates specified in Part I of the First Schedule and such tax shall be increased by a surcharge, for purposes of the Union, calculated in each case in the manner provided therein.
(2) In the cases to which Paragraph A of Part I of the First Schedule applies, where the assessee has, in the previous year, any net agricultural income exceeding five thousand rupees, in addition to total income, and the total income exceeds one lakh eighty thousand rupees, then,?
(a)? the net agricultural income shall be taken into account, in the manner provided in clause (b) [that is to say, as if the net agricultural income were comprised in the total income after the first one lakh eighty thousand rupees of the total income but without being liable to tax], only for the purpose of charging income-tax in respect of the total income; and
(b)? the income-tax chargeable shall be calculated as follows:?
(i)? the total income and the net agricultural income shall be aggregated and the amount of income-tax shall be determined in respect of the aggregate income at the rates specified in the said Paragraph A, as if such aggregate income were the total income;
(ii)? the net agricultural income shall be increased by a sum of one lakh eighty thousand rupees, and the amount of income-tax shall be determined in respect of the net agricultural income as so increased at the rates specified in the said Paragraph A, as if the net agricultural income as so increased were the total income;
(iii) the amount of income-tax determined in accordance with sub-clause (i) shall be reduced by the amount of income-tax determined in accordance with sub-clause (ii) and the sum so arrived at shall be the income-tax in respect of the total income:
Provided that in the case of every woman, resident in India and below the age of sixty years at any time during the previous year, referred to in item (II) of Paragraph A of Part I of the First Schedule, the provisions of this sub-section shall have effect as if for the words ?one lakh eighty thousand rupees?, the words ?one lakh ninety thousand rupees? had been substituted:
Provided further that in the case of every individual, being a resident in India, who is of the age of sixty years or more but less than eighty years at any time during the previous year, referred to in item (III) of Paragraph A of Part I of the First Schedule, the provisions of this sub-section shall have effect as if for the words ?one lakh eighty thousand rupees?, the words ?two lakh fifty thousand rupees? had been substituted:
Provided also that in the case of every individual, being a resident in India, who is of the age of eighty years or more at any time during the previous year, referred to in item (IV) of Paragraph A of Part I of the First Schedule, the provisions of this sub-section shall have effect as if for the words ?one lakh eighty thousand rupees?, the words ?five lakh rupees? had been substituted.
(3) In cases to which the provisions of Chapter XII or Chapter XII-A or section 115JB or section 115JC or sub-section (1A) of section 161 or section 164 or section 164A or section 167B of the Income-tax Act, 1961 (43 of 1961) (hereinafter referred to as the Income-tax Act) apply, the tax chargeable shall be determined as provided in that Chapter or that section, and with reference to the rates imposed by sub-section (1) or the rates as specified in that Chapter or section, as the case may be:
Provided that the amount of income-tax computed in accordance with the provisions of section 111A or section 112 shall be increased by a surcharge, for purposes of the Union, as provided in Paragraph A, B, C, D or E, as the case may be, of Part I of the First Schedule:
Provided further that in respect of any income chargeable to tax under sections 115A, 115AB, 115AC, 115ACA, 115AD, 115B, 115BB, 115BBA, 115BBC, 115BBD, 115E or 115JB of the Income-tax Act, the amount of income-tax computed under this sub-section shall be increased by a surcharge, for purposes of the Union, calculated,?
(a)? in the case of a domestic company, at the rate of five per cent of such income-tax where the total income exceeds one crore rupees;
(b)? in the case of every company, other than a domestic company, at the rate of two per cent of such income-tax where the total income exceeds one crore rupees:
Provided also that in the case of every company having total income chargeable to tax under section 115JB of the Income-tax Act, and such income exceeds one crore rupees, the total amount payable as income-tax and surcharge on such income-tax shall not exceed the total amount payable as income-tax on a total income of one crore rupees by more than the amount of income that exceeds one crore rupees.
(4) In cases in which tax has to be charged and paid under section 115-O or sub-section (2) of section 115R of the Income-tax Act, the tax shall be charged and paid at the rates as specified in those sections and shall be increased by a surcharge, for purposes of the Union, calculated at the rate of five per cent of such tax.
(5) In cases in which tax has to be deducted under sections 193, 194, 194A, 194B, 194BB, 194D and 195 of the Income-tax Act, at the rates in force, the deductions shall be made at the rates specified in Part II of the First Schedule and shall be increased by a surcharge, for purposes of the Union, calculated in cases wherever prescribed, in the manner provided therein.
(6) In cases in which tax has to be deducted under sections 194C, 194E, 194EE, 194F, 194G, 194H, 194-I,194J, 194LA, 194LB, 194LC, 196B, 196C and 196D of the Income-tax Act, the deductions shall be made at the rates specified in those sections and shall be increased by a surcharge, for purposes of the Union, in the case of every company, other than a domestic company, calculated at the rate of two per cent of such tax, where the income or the aggregate of such incomes paid or likely to be paid and subject to the deduction exceeds one crore rupees.
(7) In cases in which tax has to be collected under the proviso to section 194B of the Income-tax Act, the collection shall be made at the rates specified in Part II of the First Schedule, and shall be increased by a surcharge, for purposes of the Union, calculated, in cases wherever prescribed, in the manner provided therein.
(8) In cases in which tax has to be collected under section 206C of the Income-tax Act, the collection shall be made at the rates specified in that section and shall be increased by a surcharge, for purposes of the Union, in the case of every company, other than a domestic company, calculated at the rate of two per cent of such tax, where the amount or the aggregate of such amounts collected and subject to the collection exceeds one crore rupees.
(9) Subject to the provisions of sub-section (10), in cases in which income-tax has to be charged under sub-section (4) of section 172 or sub-section (2) of section 174 or section 174A or section 175 or sub-section (2) of section 176 of the Income-tax Act or deducted from, or paid on, income chargeable under the head ?Salaries? under section 192 of the said Act or in which the ?advance tax? payable under Chapter XVII-C of the said Act has to be computed at the rate or rates in force, such income-tax or, as the case may be, ?advance tax? shall be so charged, deducted or computed at the rate or rates specified in Part III of the First Schedule and such tax shall be increased by a surcharge, for purposes of the Union, calculated in such cases and in such manner as provided therein:
Provided that in cases to which the provisions of Chapter XII or Chapter XII-A or section 115JB or section 115JC or sub-section (1A) of section 161 or section 164 or section 164A or section 167B of the Income-tax Act apply, ?advance tax? shall be computed with reference to the rates imposed by this sub-section or the rates as specified in that Chapter or section, as the case may be:
Provided further that the amount of ?advance tax? computed in accordance with the provisions of section 111A or section 112 of the Income-tax Act shall be increased by a surcharge, for purposes of the Union, as provided in Paragraph E of Part III of the First Schedule pertaining to the case of a company:
Provided also that in respect of any income chargeable to tax under sections 115A, 115AB, 115AC, 115ACA, 115AD, 115B, 115BB, 115BBA, 115BBC, 115BBD, 115BBE, 115E and 115JB of the Income-tax Act, ?advance tax? computed under the first proviso shall be increased by a surcharge, for purposes of the Union, calculated,?
(a)? in the case of every domestic company, at the rate of five per cent of such ?advance tax? where the total income exceeds one crore rupees;
(b)? in the case of every company, other than a domestic company, at the rate of two per cent of such ?advance tax? where the total income exceeds one crore rupees:
Provided also that in the case of every company having total income chargeable to tax under section 115JB of the Income-tax Act, and such income exceeds one crore rupees, the total amount payable as ?advance tax? on such income and surcharge thereon, shall not exceed the total amount payable as ?advance tax? on a total income of one crore rupees by more than the amount of income that exceeds one crore rupees.
(10) In cases to which Paragraph A of Part III of the First Schedule applies, where the assessee has, in the previous year or, if by virtue of any provision of the Income-tax Act, income-tax is to be charged in respect of the income of a period other than the previous year, in such other period, any net agricultural income exceeding five thousand rupees, in addition to total income and the total income exceeds two lakh rupees, then, in charging income-tax under sub-section (2) of section 174 or section 174A or section 175 or sub-section (2) of section 176 of the said Act or in computing the ?advance tax? payable under Chapter XVII-C of the said Act, at the rate or rates in force,?
(a)? the net agricultural income shall be taken into account, in the manner provided in clause (b) [that is to say, as if the net agricultural income were comprised in the total income after the first two lakh rupees of the total income but without being liable to tax], only for the purpose of charging or computing such income-tax or, as the case may be, ?advance tax? in respect of the total income; and
(b)? such income-tax or, as the case may be, ?advance tax? shall be so charged or computed as follows:?
(i)? the total income and the net agricultural income shall be aggregated and the amount of income-tax or ?advance tax? shall be determined in respect of the aggregate income at the rates specified in the said Paragraph A, as if such aggregate income were the total income;
(ii)? the net agricultural income shall be increased by a sum of two lakh rupees, and the amount of income-tax or ?advance tax? shall be determined in respect of the net agricultural income as so increased at the rates specified in the said Paragraph A, as if the net agricultural income were the total income;
(iii) the amount of income-tax or ?advance tax? determined in accordance with sub-clause (i) shall be reduced by the amount of income-tax or, as the case may be, ?advance tax? determined in accordance with sub-clause (ii) and the sum so arrived at shall be the income-tax or, as the case may be, ?advance tax? in respect of the total income:
Provided that in the case of every individual, being a resident in India, who is of the age of sixty years or more but less than eighty years at any time during the previous year, referred to in item (II) of Paragraph A of Part III of the First Schedule, the provisions of this sub-section shall have effect as if for the words ?two lakh rupees?, the words ?two lakh fifty thousand rupees? had been substituted:
Provided further that in the case of every individual, being a resident in India, who is of the age of eighty years or more at any time during the previous year, referred to in item (III) of Paragraph A of Part III of the First Schedule, the provisions of this sub-section shall have effect as if for the words ?two lakh rupees?, the words ?five lakh rupees? had been substituted.
(11) The amount of income-tax as specified in sub-sections (1) to (10) and as increased by the applicable surcharge, for purposes of the Union, calculated in the manner provided therein, shall be further increased by an additional surcharge, for purposes of the Union, to be called the ?Education Cess on income-tax?, calculated at the rate of two per cent of such income-tax and surcharge so as to fulfil the commitment of the Government to provide and finance universalised quality basic education:
Provided that nothing contained in this sub-section shall apply to cases in which tax is to be deducted or collected under the sections of the Income-tax Act mentioned in sub-sections (5), (6), (7) and (8), if the income subjected to deduction of tax at source or collection of tax at source is paid to a domestic company and any other person who is resident in India.
(12) The amount of income-tax as specified in sub-sections (1) to (10) and as increased by the applicable surcharge, for purposes of the Union, calculated in the manner provided therein, shall also be increased by an additional surcharge, for purposes of the Union, to be called the ?Secondary and Higher Education Cess on income-tax?, calculated at the rate of one per cent of such income-tax and surcharge so as to fulfil the commitment of the Government to provide and finance secondary and higher education:
Provided that nothing contained in this sub-section shall apply to cases in which tax is to be deducted or collected under the sections of the Income-tax Act mentioned in sub-sections (5), (6), (7) and (8), if the income subjected to deduction of tax at source or collection of tax at source is paid to a domestic company and any other person who is resident in India.
(13) For the purposes of this section and the First Schedule,?
(a)? ?domestic company? means an Indian company or any other company which, in respect of its income liable to income-tax under the Income-tax Act, for the assessment year commencing on the 1st day of April, 2012, has made the prescribed arrangements for the declaration and payment within India of the dividends (including dividends on preference shares) payable out of such income;
(b)? ?insurance commission? means any remuneration or reward, whether by way of commission or otherwise, for soliciting or procuring insurance business (including business relating to the continuance, renewal or revival of policies of insurance);
(c)? ?net agricultural income?, in relation to a person, means the total amount of agricultural income, from whatever source derived, of that person computed in accordance with the rules contained in Part IV of the First Schedule;
(d)? all other words and expressions used in this section and the First Schedule but not defined in this sub-section and defined in the Income-tax Act shall have the meanings, respectively, assigned to them in that Act.
CHAPTER III
DIRECT TAXES
Income-tax
Amendment of section 2.
3. In section 2 of the Income-tax Act,?
(i)? in clause (14), at the end, the following Explanation shall be inserted and shall be deemed to have been inserted with effect from the 1st day of April, 1962, namely:?
?Explanation.?For the removal of doubts, it is hereby clarified that ?property? includes and shall be deemed to have always included any rights in or in relation to an Indian company, including rights of management or control or any other rights whatsoever;?;
(ii)? in clause (16), after the words, ?Commissioner of Income-tax?, the words ?or a Director of Income-tax? shall be inserted and shall be deemed to have been inserted with effect from the 1st day of April, 1988;
(iii) in clause (19AA), in sub-clause (iv), for the words ?proportionate basis?, the words ?proportionate basis except where the resulting company itself is a shareholder of the demerged company? shall be substituted with effect from the 1st day of April, 2013;
(iv) in clause (24), after sub-clause (xv), the following sub-clause shall be inserted with effect from the 1st day of April, 2013, namely:?
?(xvi) any consideration received for issue of shares as exceeds the fair market value of the shares referred to in clause (viib) of sub-section (2) of section 56;?;
(v)? in clause (47), the Explanation shall be numbered as Explanation 1 thereof and after Explanation 1 as so numbered, the following Explanation shall be inserted and shall be deemed to have been inserted with effect from the 1st day of April, 1962, namely:?
?Explanation 2.?For the removal of doubts, it is hereby clarified that ?transfer? includes and shall be deemed to have always included disposing of or parting with an asset or any interest therein, or creating any interest in any asset in any manner whatsoever, directly or indirectly, absolutely or conditionally, voluntarily or involuntarily, by way of an agreement (whether entered into in India or outside India) or otherwise, notwithstanding that such transfer of rights has been characterised as being effected or dependent upon or flowing from the transfer of a share or shares of a company registered or incorporated outside India;?.
Amendment of section 9.
4. In section 9 of the Income-tax Act, in sub-section (1),?
(a)? in clause (i), after Explanation 3, the following Explanations shall be inserted and shall be deemed to have been inserted with effect from the 1st day of April, 1962, namely:?
?Explanation 4.?For the removal of doubts, it is hereby clarified that the expression ?through? shall mean and include and shall be deemed to have always meant and included ?by means of?, ?in consequence of? or ?by reason of?.
Explanation 5.?For the removal of doubts, it is hereby clarified that an asset or a capital asset being any share or interest in a company or entity registered or incorporated outside India shall be deemed to be and shall always be deemed to have been situated in India, if the share or interest derives, directly or indirectly, its value substantially from the assets located in India.?;
(b)? in clause (vi), after Explanation 3, the following Explanations shall be inserted and shall be deemed to have been inserted with effect from the 1st day of June, 1976, namely:?
?Explanation 4.?For the removal of doubts, it is hereby clarified that the transfer of all or any rights in respect of any right, property or information includes and has always included transfer of all or any right for use or right to use a computer software (including granting of a licence) irrespective of the medium through which such right is transferred.
Explanation 5.?For the removal of doubts, it is hereby clarified that the royalty includes and has always included consideration in respect of any right, property or information, whether or not?
(a)? the possession or control of such right, property or information is with the payer;
(b)? such right, property or information is used directly by the payer;
(c)? the location of such right, property or information is in India.
Explanation 6.?For the removal of doubts, it is hereby clarified that the expression ?process? includes and shall be deemed to have always included transmission by satellite (including up-linking, amplification, conversion for down-linking of any signal), cable, optic fibre or by any other similar technology, whether or not such process is secret;?.
Amendment of section 10.
5. In section 10 of the Income-tax Act,?
(A)? in clause (10D), with effect from the 1st day of April, 2013,?
(i)? in sub-clause (c),?
(I)? after the words, figures and letters ?the 1st day of April, 2003?, the words, figures and letters ?but on or before the 31st day of March, 2012? shall be inserted;
(II)? for the word ?assured:?, the words ?assured; or? shall be substituted;
(ii)? after sub-clause (c) and before the first proviso, the following sub-clause shall be inserted, namely:?
?(d) 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:?;
(iii) in the first proviso, for the words ?this sub-clause?, the words, brackets and letters ?sub-clauses (c) and (d)? shall be substituted;
(iv) in the second proviso, for the words ?this sub-clause?, the word, brackets and letter ?sub-clause (c)? shall be substituted;
(v)? the Explanation shall be numbered as Explanation 1 thereof and after Explanation 1 as so numbered, the following Explanation shall be inserted, namely:?
?Explanation 2.?For the purposes of sub-clause (d), the expression ?actual capital sum assured? shall have the meaning assigned to it in the Explanation to sub-section (3A) of section 80C;?;
(B)? after clause (23BBG), the following clause shall be inserted with effect from the 1st day of April, 2013, namely :?
?(23BBH) any income of the Prasar Bharati (Broadcasting Corporation of India) established under sub-section (1) of section 3 of the Prasar Bharati (Broadcasting Corporation of India) Act, 1990 (25 of 1990);?;
(C) in clause (23C), after the sixteenth proviso, the following proviso shall be inserted and shall be deemed to have been inserted with effect from the 1st day of April, 2009, namely:?
?Provided also that the income of a trust or institution referred to in sub-clause (iv) or sub-clause (v) shall be included in its total income of the previous year if the provisions of the first proviso to clause (15) of section 2 become applicable to such trust or institution in the said previous year, whether or not any approval granted or notification issued in respect of such trust or institution has been withdrawn or rescinded;?;
(D) in clause (23FB), in Explanation 1, for clause (c), the following clause shall be substituted with effect from the 1st day of April, 2013, namely:?
?(c)? ?venture capital undertaking? means a venture capital undertaking referred to in the Securities and Exchange Board of India (Venture Capital Funds) Regulations, 1996 made under the Securities and Exchange Board of India Act, 1992 (15 of 1992);?;
(E) after clause (47), the following clause shall be inserted with effect from the 1st day of April, 2012, namely:?
?(48) any income received in India in Indian currency by a foreign company on account of sale of crude oil to any person in India:
Provided that?
(i)? receipt of such income in India by the foreign company is pursuant to an agreement or an arrangement entered into by the Central Government or approved by the Central Government;
(ii)? having regard to the national interest, the foreign company and the agreement or arrangement are notified by the Central Government in this behalf; and
(iii) the foreign company is not engaged in any activity, other than receipt of such income, in India.?.
Amendment of section 13.
6. In section 13 of the Income-tax Act, after sub-section (7) and before Explanation 1, the following sub-section shall be inserted and shall be deemed to have been inserted with effect from the 1st day of April, 2009, namely:?
?(8) Nothing contained in section 11 or section 12 shall operate so as to exclude any income from the total income of the previous year of the person in receipt thereof if the provisions of the first proviso to clause (15) of section 2 become applicable in the case of such person in the said previous year.?.
Amendment of section 32.
7. In section 32 of the Income-tax Act, in sub-section (1), in clause (iia), after the words ?any article or thing?, the words ?or in the business of generation or generation and distribution of power? shall be inserted with effect from the 1st day of April, 2013.
Amendment of section 35.
8. In section 35 of the Income-tax Act, in sub-section (2AB), in clause (5), for the words, figures and letters ?the 31st day of March, 2012?, the words, figures and letters ?the 31st day of March, 2017? shall be substituted with effect from the 1st day of April, 2013.
Amendment of section 35AD.
9. In section 35AD of the Income-tax Act,?
(a)? after sub-section (1), the following sub-section shall be inserted with effect from the 1st day of April, 2013, namely:?
?(1A) Where the specified business is of the nature referred to in sub-clause (i) or sub-clause (ii) or sub-clause (v) or sub-clause (vii) or sub-clause (viii) of clause (c) of sub-section (8) and has commenced its operations on or after the 1st day of April, 2012, the deduction under sub-section (1) shall be allowed of an amount equal to one and one-half times of the expenditure referred to therein.?;
(b)? in sub-section (5), with effect from the 1st day of April, 2013,?
(A)? in clause (ae), the word ?and? shall be omitted;
(B)? after clause (ae), the following clauses shall be inserted, namely:?
?(af) on or after the 1st day of April, 2012, where the specified business is in the nature of setting up and operating an inland container depot or a container freight station notified or approved under the Customs Act, 1962 (52 of 1962);
(ag) on or after the 1st day of April, 2012, where the specified business is in the nature of bee-keeping and production of honey and beeswax;
(ah) on or after the 1st day of April, 2012, where the specified business is in the nature of setting up and operating a warehousing facility for storage of sugar; and?;
(C)? in clause (b), for the words, brackets and letters ?clause (a), clause (aa), clause (ab) and clause (ac)?, the words ?any of the above clauses? shall be substituted;
(c)? after sub-section (6), the following sub-section shall be inserted and shall be deemed to have been inserted with effect from the 1st day of April, 2011, namely:?
?(6A) Where the assessee builds a hotel of two-star or above category as classified by the Central Government and subsequently, while continuing to own the hotel, transfers the operation thereof to another person, the assessee shall be deemed to be carrying on the specified business referred to in sub-clause (iv) of clause (c) of sub-section (8).?;
(d)? in sub-section (8), in clause (c), after sub-clause (viii), the following sub-clauses shall be inserted with effect from the 1st day of April, 2013, namely:?
?(ix) setting up and operating an inland container depot or a container freight station notified or approved under the Customs Act, 1962 (52 of 1962);
(x)? bee-keeping and production of honey and beeswax;
(xi) setting up and operating a warehousing facility for storage of sugar;?.
Insertion of new sections 35CCC and 35CCD.
10. After section 35CCB of the Income-tax Act, the following sections shall be inserted with effect from the 1st day of April, 2013, namely:?
?35CCC. Expenditure on agricultural extension project.?(1) Where an assessee incurs any expenditure on agricultural extension project notified by the Board in this behalf in accordance with the guidelines as may be prescribed, then, there shall be allowed a deduction of a sum equal to one and one-half times of such expenditure.
(2) Where a deduction under this section is claimed and allowed for any assessment year in respect of any expenditure referred to in sub-section (1), deduction shall not be allowed in respect of such expenditure under any other provisions of this Act for the same or any other assessment year.
35CCD. Expenditure on skill development project.?(1) Where a company incurs any expenditure (not being expenditure in the nature of cost of any land or building) on any skill development project notified by the Board in this behalf in accordance with the guidelines as may be prescribed, then, there shall be allowed a deduction of a sum equal to one and one-half times of such expenditure.
(2) Where a deduction under this section is claimed and allowed for any assessment year in respect of any expenditure referred to in sub-section (1), deduction shall not be allowed in respect of such expenditure under any other provisions of this Act for the same or any other assessment year.?.
Amendment of section 40.
11. In section 40 of the Income-tax Act, in clause (a), in sub-clause (ia), after the proviso and before the Explanation, the following proviso shall be inserted with effect from the 1st day of April, 2013, namely:?
?Provided further that where an assessee fails to deduct the whole or any part of the tax in accordance with the provisions of Chapter XVII-B on any such sum but is not deemed to be an assessee in default under the first proviso to sub-section (1) of section 201, then, for the purpose of this sub-clause, it shall be deemed that the assessee has deducted and paid the tax on such sum on the date of furnishing of return of income by the resident payee referred to in the said proviso.?.
Amendment of section 40A.
12. In section 40A of the Income-tax Act, in sub-section (2), with effect from the 1st day of April, 2013,?
(i)? in clause (a), the following proviso shall be inserted, namely:?
?Provided that no disallowance, on account of any expenditure being excessive or unreasonable having regard to the fair market value, shall be made in respect of a specified domestic transaction referred to in section 92BA, if such transaction is at arm?s length price as defined in clause (ii) of section 92F.?;
(ii)? in clause (b), in sub-clause (iv), after the words ?or any relative of such director, partner or member?, the words ?or any other company carrying on business or profession in which the first mentioned company has substantial interest? shall be inserted.
Amendment of section 44AB.
13. In section 44AB of the Income-tax Act,?
(i)? in clause (a), for the words ?sixty lakh rupees?, the words ?one crore rupees? shall be substituted with effect from the 1st day of April, 2013;
(ii)? in clause (b), for the words ?fifteen lakh rupees?, the words ?twenty-five lakh rupees? shall be substituted with effect from the 1st day of April, 2013;
(iii) in the Explanation, in clause (ii), for the words, figures and letters ?the 30th day of September of the assessment year?, the words, brackets and figures ?the due date for furnishing the return of income under sub-section (1) of section 139? shall be substituted.
Amendment of section 44AD.
14. In section 44AD of the Income-tax Act,?
(a)? after sub-section (5), and before the Explanation, the following sub-section shall be inserted and shall be deemed to have been inserted with effect from the 1st day of April, 2011, namely:?
?(6) The provisions of this section, notwithstanding anything contained in the foregoing provisions, shall not apply to?
(i)? a person carrying on profession as referred to in sub-section (1) of section 44AA;
(ii)? a person earning income in the nature of commission or brokerage; or
(iii) a person carrying on any agency business.?;
(b)? in the Explanation, in clause (b), in sub-clause (ii), for the words ?sixty lakh rupees?, the words ?one crore rupees? shall be substituted with effect from the 1st day of April, 2013.
Amendment of section 47.
15. In section 47 of the Income-tax Act, in clause (vii), in sub-clause (a), for the words ?amalgamated company, and?, the words ?amalgamated company except where the shareholder itself is the amalgamated company, and? shall be substituted with effect from the 1st day of April, 2013.
Amendment of section 49.
16. In section 49 of the Income-tax Act, in sub-section (1), in clause (iii), in sub-clause (e), for the words, brackets, figures and letter ?clause (xiiib) of section 47?, the words, brackets, figures and letter ?clause (xiii) or clause (xiiib) or clause (xiv) of section 47? shall be substituted and shall be deemed to have been substituted with effect from the 1st day of April, 1999.
Insertion of new section 50D.
17. After section 50C of the Income-tax Act, the following section shall be inserted with effect from the 1st day of April, 2013, namely:?
?50D. Fair market value deemed to be full value of consideration in certain cases.?Where the consideration received or accruing as a result of the transfer of a capital asset by an assessee is not ascertainable or cannot be determined, then, for the purpose of computing income chargeable to tax as capital gains, the fair market value of the said asset on the date of transfer shall be deemed to be the full value of the consideration received or accruing as a result of such transfer.?.
Amendment of section 54B.
18. In section 54B of the Income-tax Act, in sub-section (1), for the words ?the assessee or a parent of his?, the words ?the assessee being an individual or his parent, or a Hindu undivided family? shall be substituted with effect from the 1st day of April, 2013.
Insertion of new section 54GB.
19. After section 54GA of the Income-tax Act, the following section shall be inserted with effect from the 1st day of April, 2013, namely:?
?54GB. Capital gain on transfer of residential property not to be charged in certain cases.?(1) Where,?
(i)? the capital gain arises from the transfer of a long-term capital asset, being a residential property (a house or a plot of land), owned by the eligible assessee (herein referred to as the assessee); and
(ii)? the assessee, before the due date of furnishing of return of income under sub-section (1) of section 139, utilises the net consideration for subscription in the equity shares of an eligible company (herein referred to as the company); and
(iii) the company has, within one year from the date of subscription in equity shares by the assessee, utilised this amount for purchase of new asset,
then, instead of the capital gain being charged to income-tax as the income of the previous year in which the transfer takes place, it shall be dealt with in accordance with the following provisions of this section, that is to say,?
(a)? if the amount of the net consideration is greater than the cost of the new asset, then, so much of the capital gain as it bears to the whole of the capital gain the same proportion as the cost of the new asset bears to the net consideration, shall not be charged under section 45 as the income of the previous year; or
(b)? if the amount of the net consideration is equal to or less than the cost of the new asset, the capital gain shall not be charged under section 45 as the income of the previous year.
(2) The amount of the net consideration, which has been received by the company for issue of shares to the assessee, to the extent it is not utilised by the company for the purchase of the new asset before the due date of furnishing of the return of income by the assessee under section 139, shall be deposited by the company, before the said due date in an account in any such bank or institution as may be specified and shall be utilised in accordance with any scheme which the Central Government may, by notification in the Official Gazette, frame in this behalf and the return furnished by the assessee shall be accompanied by proof of such deposit having been made.
(3) For the purposes of sub-section (1), the amount, if any, already utilised by the company for the purchase of the new asset together with the amount deposited under sub-section (2) shall be deemed to be the cost of the new asset:
Provided that if the amount so deposited is not utilised, wholly or partly, for the purchase of the new asset within the period specified in sub-section (1), then,?
(i)? the amount by which?
(a) the amount of capital gain arising from the transfer of the residential property not charged under section 45 on the basis of the cost of the new asset as provided in sub-section (1),
exceeds?
(b) the amount that would not have been so charged had the amount actually utilised for the purchase of the new asset within the period specified in sub-section (1) been the cost of the new asset,
shall be charged under section 45 as income of the assessee for the previous year in which the period of one year from the date of the subscription in equity shares by the assessee expires; and
(ii)? the company shall be entitled to withdraw such amount in accordance with the scheme.
(4) If the equity shares of the company or the new asset acquired by the company are sold or otherwise transferred within a period of five years from the date of their acquisition, the amount of capital gain arising from the transfer of the residential property not charged under section 45 as provided in sub-section (1) shall be deemed to be the income of the assessee chargeable under the head ?Capital gains? of the previous year in which such equity shares or such new asset are sold or otherwise transferred, in addition to taxability of gains, arising on account of transfer of shares or of the new asset, in the hands of the assessee or the company, as the case may be.
(5) The provisions of this section shall not apply to any transfer of residential property made after the 31st day of March, 2017.
(6) For the purposes of this section,?
(a)? ?eligible assessee? means an individual or a Hindu undivided family;
(b)? ?eligible company? means a company which fulfils the following conditions, namely:?
(i)? it is a company incorporated in India during the period from the 1st day of April of the previous year relevant to the assessment year in which the capital gain arises to the due date of furnishing of return of income under sub-section (1) of section 139 by the assessee;
(ii)? it is engaged in the business of manufacture of an article or a thing;
(iii) it is a company in which the assessee has more than fifty per cent share capital or more than fifty per cent voting rights after the subscription in shares by the assessee; and
(iv) it is a company which qualifies to be a small or medium enterprise under the Micro, Small and Medium Enterprises Act, 2006 (27 of 2006);
(c)? ?net consideration? shall have the meaning assigned to it in the Explanation to section 54F;
(d)? ?new asset? means new plant and machinery but does not include?
(i)? any machinery or plant which, before its installation by the assessee, was used either within or outside India by any other person;
(ii) any machinery or plant installed in any office premises or any residential accommodation, including accommodation in the nature of a guest-house;
(iii) any office appliances including computers or computer software;
(iv) any vehicle; or
(v) any machinery or plant, the whole of the actual cost of which is allowed as a deduction (whether by way of depreciation or otherwise) in computing the income chargeable under the head ?Profits and gains of business or profession? of any previous year.?.
Amendment of section 55A.
20. In section 55A of the Income-tax Act, in clause (a), for the words ?is less than its fair market value?, the words ?is at variance with its fair market value? shall be substituted with effect from the 1st day of July, 2012.
Amendment of section 56.
21. In section 56 of the Income-tax Act, in sub-section (2),?
(A) in clause (vii), in the Explanation, for clause (e), the following clause shall be substituted and shall be deemed to have been substituted with effect from the 1st day of October, 2009, namely:?
?(e)? ?relative? means,?
(i)? in case of an individual?
(A)? spouse of the individual;
(B)? brother or sister of the individual;
(C)? brother or sister of the spouse of the individual;
(D)? brother or sister of either of the parents of the individual;
(E)? any lineal ascendant or descendant of the individual;
(F)? any lineal ascendant or descendant of the spouse of the individual;
(G)? spouse of the person referred to in items (B) to (F); and
(ii)? in case of a Hindu undivided family, any member thereof;?;
(B)? after clause (viia), the following shall be inserted with effect from the 1st day of April, 2013, namely:?
?(viib) where a company, not being a company in which the public are substantially interested, receives, in any previous year, from any person being a resident, any consideration for issue of shares that exceeds the face value of such shares, the aggregate consideration received for such shares as exceeds the fair market value of the shares:
Provided that this clause shall not apply where the consideration for issue of shares is received?
(i)? by a venture capital undertaking from a venture capital company or a venture capital fund; or
(ii)? by a company from a class or classes of persons as may be notified by the Central Government in this behalf.
?Explanation.?For the purposes of this clause,?
(a)? the fair market value of the shares shall be the value?
(i)? as may be determined in accordance with such method as may be prescribed; or
(ii)? as may be substantiated by the company to the satisfaction of the Assessing Officer, based on the value, on the date of issue of shares, of its assets, including intangible assets being goodwill, know-how, patents, copyrights, trademarks, licences, franchises or any other business or commercial rights of similar nature,
whichever is higher;
(b) ?venture capital company?, ?venture capital fund? and ?venture capital undertaking? shall have the meanings respectively assigned to them in clause (a), clause (b) and clause (c) of Explanation 1 to clause (23FB) of section 10;?.
Amendment of section 68.
22. In section 68 of the Income-tax Act, the following provisos shall be inserted with effect from the 1st day of April, 2013, namely:?
?Provided that where the assessee is a company, (not being a company in which the public are substantially interested) and the sum so credited consists of share application money, share capital, share premium or any such amount by whatever name called, any explanation offered by such assessee-company shall be deemed to be not satisfactory, unless?
(a)? the person, being a resident in whose name such credit is recorded in the books of such company also offers an explanation about the nature and source of such sum so credited; and
(b)? such explanation in the opinion of the Assessing Officer aforesaid has been found to be satisfactory:
Provided further that nothing contained in the first proviso shall apply if the person, in whose name the sum referred to therein is recorded, is a venture capital fund or a venture capital company as referred to in clause (23FB) of section 10.?.
Amendment of section 80A.
23. In section 80A of the Income-tax Act, in sub-section (6), in the Explanation, after clause (ii), the following clause shall be inserted with effect from the 1st day of April, 2013, namely:?
?(iii) in relation to any goods or services sold, supplied or acquired means the arm?s length price as defined in clause (ii) of section 92F of such goods or services, if it is a specified domestic transaction referred to in section 92BA.?.
Amendment of section 80C.
24. In section 80C of the Income-tax Act, with effect from the 1st day of April, 2013,?
(i)? in sub-section (3), for the words ?insurance policy other than a contract for a deferred annuity?, the words, figures and letters ?insurance policy, other than a contract for a deferred annuity, issued on or before the 31st day of March, 2012,? shall be substituted;
(ii) after sub-section (3), the following shall be inserted, namely:?
?(3A) The provisions of sub-section (2) shall apply only to so much of any premium or other payment made on an insurance policy, other than a contract for a deferred annuity, issued on or after the 1st day of April, 2012 as is not in excess of ten per cent of the actual capital sum assured.
Explanation.?For the purposes of this sub-section, ?actual capital sum assured? in relation to a life insurance policy shall mean the minimum amount assured under the policy on happening of the insured event at any time during the term of the policy, not taking into account?
(i)? the value of any premium agreed to be returned; or
(ii) any benefit by way of bonus or otherwise over and above the sum actually assured, which is to be or may be received under the policy by any person.?.
Insertion of new section 80CCG.
25. After section 80CCF of the Income-tax Act, the following section shall be inserted with effect from the 1st day of April, 2013, namely:?
?80CCG. Deduction in respect of investment made under an equity savings scheme.?(1) Where an assessee, being a resident individual, has, in a previous year, acquired listed equity shares in accordance with a scheme, as may be notified by the Central Government in this behalf, he shall, subject to the provisions of sub-section (3), be allowed a deduction, in the computation of his total income of the assessment year relevant to such previous year, of fifty per cent of the amount invested in such equity shares to the extent such deduction does not exceed twenty-five thousand rupees.
(2) Where an assessee has claimed and allowed a deduction under this section for any assessment year in respect of any amount, he shall not be allowed any deduction under this section for any subsequent assessment year.
(3) The deduction under sub-section (1) shall be subject to the following conditions, namely:?
(i)? the gross total income of the assessee for the relevant assessment year shall not exceed ten lakh rupees;
(ii)? the assessee is a new retail investor as may be specified under the scheme referred to in sub-section (1);
(iii) the investment is made in such listed equity shares as may be specified under the scheme referred to in sub-section (1);
(iv) the investment is locked-in for a period of three years from the date of acquisition in accordance with the scheme referred to in sub-section (1); and
(v)? such other condition as may be prescribed.
(4) If the assessee, in any previous year, fails to comply with any condition specified in sub-section (3), the deduction originally allowed shall be deemed to be the income of the assessee of such previous year and shall be liable to tax for the assessment year relevant to such previous year.?.
Amendment of section 80D.
26. In section 80D of the Income-tax Act, with effect from the 1st day of April, 2013,?
(a) in sub-section (1), for the words ?, other than cash,?, the words, brackets, figure and letter ?as specified in sub-section (2B),? shall be substituted;
(b)? in sub-section (2),?
(A)? in clause (a), after the words ?the Central Government Health Scheme?, the words ?or any payment made on account of preventive health check-up of the assessee or his family? shall be inserted;
(B)? in clause (b), after the words ?parents of the assessee?, the words ?or any payment made on account of preventive health check-up of the parent or parents of the assessee? shall be inserted;
(c)? after sub-section (2), the following sub-sections shall be inserted, namely:?
?(2A) Where the amounts referred to in clauses (a) and (b) of sub-section (2) are paid on account of preventive health check-up, the deduction for such amounts shall be allowed to the extent it does not exceed in the aggregate five thousand rupees.
(2B) For the purposes of deduction under sub-section (1), payment shall be made by?
(i)? any mode, including cash, in respect of any sum paid on account of preventive health check-up;
(ii)? any mode other than cash in all other cases not falling under clause (i).?;
(d)? in sub-section (4), in the Explanation, for the words ?sixty-five years?, the words ?sixty years? shall be substituted.
Amendment of section 80DDB.
27. In section 80DDB of the Income-tax Act, in the Explanation, in clause (iv), for the words ?sixty-five years?, the words ?sixty years? shall be substituted with effect from the 1st day of April, 2013.
Amendment of section 80G.
28. In section 80G of the Income-tax Act, after sub-section (5C), the following sub-section shall be inserted with effect from the 1st day of April, 2013, namely:?
?(5D) No deduction shall be allowed under this section in respect of donation of any sum exceeding ten thousand rupees unless such sum is paid by any mode other than cash.?.
Amendment of section 80GGA.
29. In section 80GGA of the Income-tax Act, after sub-section (2), the following sub-section shall be inserted with effect from the 1st day of April, 2013, namely:?
?(2A) No deduction shall be allowed under this section in respect of any sum exceeding ten thousand rupees unless such sum is paid by any mode other than cash.?.
Amendment of section 80-IA.
30. In section 80-IA of the Income-tax Act, with effect from the 1st day of April, 2013,?
(a)? in sub-section (4), in clause (iv), for the words, figures and letters ?the 31st day of March, 2012?, wherever they occur, the words, figures and letters ?the 31st day of March, 2013? shall respectively be substituted;
(b)? in sub-section (8), for the Explanation, the following Explanation shall be substituted, namely:?
?Explanation?For the purposes of this sub-section, ?market value?, in relation to any goods or services, means?
(i)? the price that such goods or services would ordinarily fetch in the open market; or
(ii)? the arm?s length price as defined in clause (ii) of section 92F, where the transfer of such goods or services is a specified domestic transaction referred to in section 92BA.?;
(c)? in sub-section (10), the following proviso shall be inserted, namely:?
?Provided that in case the aforesaid arrangement involves a specified domestic transaction referred to in section 92BA, the amount of profits from such transaction shall be determined having regard to arm?s length price as defined in clause (ii) of section 92F.?.
Insertion of new Part.
31. In Chapter VI-A of the Income-tax Act, after Part C, the following Part shall be inserted with effect from the 1st day of April, 2013, namely:?
?CA.? Deductions in respect of other incomes
80TTA. Deduction in respect of interest on deposits in savings account.?(1) Where the gross total income of an assessee, being an individual or a Hindu undivided family, includes any income by way of interest on deposits (not being time deposits) in a savings account with?
(a) a banking company to which the Banking Regulation Act, 1949 (10 of 1949), applies (including any bank or banking institution referred to in section 51 of that Act);
(b)? a co-operative society engaged in carrying on the business of banking (including a co-operative land mortgage bank or a co-operative land development bank); or
(c)? a Post Office as defined in clause (k) of section 2 of the Indian Post Office Act, 1898 (6 of 1898),
there shall, in accordance with and subject to the provisions of this section, be allowed, in computing the total income of the assessee a deduction as specified hereunder, namely:?
(i)? in a case where the amount of such income does not exceed in the aggregate ten thousand rupees, the whole of such amount; and
(ii)? in any other case, ten thousand rupees.
(2) Where the income referred to in this section is derived from any deposit in a savings account held by, or on behalf of, a firm, an association of persons or a body of individuals, no deduction shall be allowed under this section in respect of such income in computing the total income of any partner of the firm or any member of the association or any individual of the body.
Explanation.?For the purposes of this section, ?time deposits? means the deposits repayable on expiry of fixed periods.?.
Amendment of section 90.
32. In section 90 of the Income-tax Act,?
(a)? after sub-section (2), the following sub-section shall be inserted with effect from the 1st day of April, 2013, namely:?
?(2A) Notwithstanding anything contained in sub-section (2), the provisions of Chapter X-A of the Act shall apply to the assessee, even if such provisions are not beneficial to him.?;
(b)? after sub-section (3) and before Explanation 1, the following sub-section shall be inserted with effect from the 1st day of April, 2013, namely:?
?(4) An assessee, not being a resident, to whom an agreement referred to in sub-section (1) applies, shall not be entitled to claim any relief under such agreement unless a certificate, containing such particulars as may be prescribed, of his being a resident in any country outside India or specified territory outside India, as the case may be, is obtained by him from the Government of that country or specified territory.?;
(c) after Explanation 2, the following Explanation shall be inserted and shall be deemed to have been inserted with effect from the 1st day of October, 2009, namely:?
?Explanation 3.?For the removal of doubts, it is hereby declared that where any term is used in any agreement entered into under sub-section (1) and not defined under the said agreement or the Act, but is assigned a meaning to it in the notification issued under sub-section (3) and the notification issued thereunder being in force, then, the meaning assigned to such term shall be deemed to have effect from the date on which the said agreement came into force.?;
Amendment of section 90A.
33. In section 90A of the Income-tax Act,?
(a)? after sub-section (2), the following sub-section shall be inserted with effect from the 1st day of April, 2013, namely:?
?(2A) Notwithstanding anything contained in sub-section (2), the provisions of Chapter X-A of the Act shall apply to the assessee, even if such provisions are not beneficial to him.?;
(b)? after sub-section (3) and before Explanation 1, the following sub-section shall be inserted with effect from the 1st day of April, 2013, namely:?
?(4) An assessee, not being a resident, to whom the agreement referred to in sub-section (1) applies, shall not be entitled to claim any relief under such agreement unless a certificate, containing such particulars as may be prescribed, of his being a resident in any specified territory outside India, is obtained by him from the Government of that specified territory.?;
(c)?after Explanation 2, the following Explanation shall be inserted and shall be deemed to have been inserted with effect from the 1st day of June, 2006, namely:?
?Explanation 3.?For the removal of doubts, it is hereby declared that where any term is used in any agreement entered into under sub-section (1) and not defined under the said agreement or the Act, but is assigned a meaning to it in the notification issued under sub-section (3) and the notification issued thereunder being in force, then, the meaning assigned to such term shall be deemed to have effect from the date on which the said agreement came into force.?.
Amendment of section 92.
34. In section 92 of the Income-tax Act, with effect from the 1st day of April, 2013,?
(a)? in sub-section (2), for the words ?international transaction?, the words ?international transaction or specified domestic transaction? shall be substituted;
(b)? after sub-section (2), the following sub-section shall be inserted, namely:?
?(2A) Any allowance for an expenditure or interest or allocation of any cost or expense or any income in relation to the specified domestic transaction shall be computed having regard to the arm?s length price.?;
(c)? in sub-section (3),?
(i)? for the words ?international transaction?, the words ?international transaction or specified domestic transaction? shall be substituted;
(ii)? for the word, brackets and figure ?sub-section (1)?, the words, brackets, figures and letter ?sub-section (1) or sub-section (2A)? shall be substituted;
(iii) for the words ?that sub-section?, the words, brackets, figures and letter ?sub-section (1) or sub-section (2A)? shall be substituted;
(iv)? after the word, brackets and figure ?sub-section (2)?, the words, brackets, figure and letter ?or sub-section (2A)? shall be inserted.
Amendment of section 92B.
35. In section 92B of the Income-tax Act, after sub-section (2), the following Explanation shall be inserted and shall be deemed to have been inserted with effect from the 1st day of April, 2002, namely:?
?Explanation.?For the removal of doubts, it is hereby clarified that?
(i) the expression ?international transaction? shall include?
(a) the purchase, sale, transfer, lease or use of tangible property including building, transportation vehicle, machinery, equipment, tools, plant, furniture, commodity or any other article, product or thing;
(b) the purchase, sale, transfer, lease or use of intangible property, including the transfer of ownership or the provision of use of rights regarding land use, copyrights, patents, trademarks, licences, franchises, customer list, marketing channel, brand, commercial secret, know-how, industrial property right, exterior design or practical and new design or any other business or commercial rights of similar nature;
(c) capital financing, including any type of long-term or short-term borrowing, lending or guarantee, purchase or sale of marketable securities or any type of advance, payments or deferred payment or receivable or any other debt arising during the course of business;
(d) provision of services, including provision of market research, market development, marketing management, administration, technical service, repairs, design, consultation, agency, scientific research, legal or accounting service;
(e) a transaction of business restructuring or reorganisation, entered in
arnold palmer augusta national blake griffin pau gasol marlins park marbury v. madison 2013 lincoln mkz
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Public release date: 29-May-2012
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