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(€rgrqnur)
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dg 24, rrrn le40
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xrio sm/d. re /zt-al/qr./8. r./18.- cr(dw({n, ft& Bl}rqrqdarac, frqrfrftftfi+qdFcis F. No. l(32)/
2017-L. I qd F. No. I (3y2018-L. I, "r$ftrd, frqis rz-ol-zora* ergvwrifrti-e erim u-g* twffiel ee, 201s (sci{
t z t1 z o r t ) twqim v{erunur ff ilr*fi ?g S{. y-*rRra * il* t.
u*erz * {qwra * rnc taqr sra{rqm,
l.frcSmBI$(, qftf{fisfos.
Short title and
commencement.
Amendmcnt of
section 2.
THE PAYMENT OF GRATUITY (AMENDMENT) ACT,2OI8
AN
ACT
further to amend the Payment ofcrataity Act 1972.
BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as
follows:-
' 1. (/) This Act may be called the Payment of Gratuity (Amendment) Act, 20 I 8.
(2) It shall come into force on such date as the Central Governmedt may, by
notification in the Ofiicial Gazette, appoint.
2. In the Payment of Gratuity Act, 1972 (hereinafter referred to as the principal Act),
in sectioil 2, for clause (t); the following clause shall be substituted, namely:-
'(&) "notification" means a notification published in the Official Gazette and the
expression "notified" shall be construed accordingly;'.
3. In section 2A of the principal Act, in sub-section (2), in the Explanation, in
clause (p), for the words "twelve weeks", the words "such period as may be notified by the
Central Government from time to time" shall be substituted.
Amendment of
section 2A.
l9 of 1972.
E-*$B {qqd, Qqi+ uqr rols
Amcndmen. of
4. ln soction 4 ofthe principal Act, in sub-section (3), for dre words '*tcn lakh rupecs",
seclion 4.
thc words "such amount as may be notified by the Ceniu-al Govemment from time to time"
shallbe substituted.
riarc+, glor ariea<ud, derre am vrcft gaurrcq, rngt i gpnaur rrrfua - rorr.
,I
I
"Ecraq d€ * ermla sm ga*
ilE gq-dr{ (ffir smftm'e lt iqur
fu ergla *cim *.2-zz-ESsIr€
rrs. / 38 ft. n. M, fu'6
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dilqqscis
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2017-L. I Ri F. No. t(3y2ott-L. t, r{ffi, Gai+ rz-ol-zorrt ergvrvrlGqr{+€q€, 20ls (o'{is l3s{201s) 1n-qrrtr
e-{rnrrtur ff qrr6r$ fu ga: roft n ff vrd t.
o-*vre * qqqn* aniau sn?vqvn,
r{q $cn 6r5ir, erftft-fi qftre.
THE FINANCE ACT 20 18
ARRANCEMENT OF
Ct.AUsEs
CHAPTER I
PREI,IMINARY
1_
SHORT TITLE AND CoMMENCEMENT
Income-tax.
CHAPTER II
RATES oF INCoME-TAX
CHAPTER III
DIRECTTAxES
Income-tax
3.
Amendment ofsection 2.
424 (rl
424 (21
BffisrrB {q[d, ftaio rl qr zorr
4.
5.
6.
7.
8.
9.
10.
.
12.
13.
14.
15.
16.
17.
t8.
t9.
20.
2t.
22.
23.
24.
25.
26.
27.
2E.
29.
30.
3t.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
Amendment ofsection 9-
Amendment of section 10.
Amendment ofsection I l.
Amendment of section 16.
Amendment of section 17.
Amendment of section 28.
Amendment of section 36.
Amendment of section 40A-
Amendment of section 43.
Insertion ofnew section 43AA.
Amendment of section 43CA.
lnsertion ofnew section 43CB.
Amendment of section 44AE.
Amendment of section 47.
Amendment of section 48.
Amendment of section 49.
Amendment of section 50C.
Amendment of section 54EC.
Amendment of section 55.
Amendment of section 56.
Amendment of section 79.
Substitution ofnew section for 80AC.
Amendment of section 80D.
Amendment of section 80DDB.
Amendment of section 80-lAC.
Amendment of section 80JJAA.
Insertion of new section 80PA.
Amendment of section 80TTA.
lnsertion ofnew section 80TTB.
Insertion of new section I I 2A.
Amendment of section 1l5AD.
Amendment of section I I 5BA.
Amenilment of section I l5BBE.
Amendment of section I l5JB.
Amendment of section I l5JC.
Amendment of section I lsJF,
Amendment of section 1 I 5-O.
Omission of Explanation occurring after section I l5Q.
Amendment ofsection I l5R.
Amendment of section 1 I 5T.
Amendment of section 139A..
Amendment of section 140.
Amendment of section 143.
Substitution ofnew sections l45A and l45B for section 145A.
Amendment of section 193.
Amqndment of section 194A..
Amendment of section 245-O.
Amendment of section 245Q.
Am€ndment of section 253-
Amendment of section 271 FA.
Amendment of section 276CC.
Amendment of section 286.
45.
46.
47.
48.
49.
50.
51.
.'
52.
,
s3.
54.
55.
56.
57.
58.
CHAPTER IV
INDIRECT TAxEs
Customs
Substitution of references to certain expressions by certain other expressions.
Amendment of section l.
Amendment ofsection 2.
Bdelc trqu.r, Eqim raqr zors
424 (31
59.
Amendment ofsection 11.
60.
Amendment of section 17.
61.
Amendment of section 18.
62.
Insertion ofnew sections 25A and 258.
63.
Amendment ofsection 28.
64.
Amendment of section 28E.
65.
lnsertion ofnew section 28EA.
66.
Amendment of section 28F.
6'7.
Amendment of section 28H.
68.
Amendment of seclion 28-[.
69.
Amendment of section 28K.
70.
lnsertion ofnew section 28KA.
'l l.
Amendment ofsection 28L.
72.
Substitution ofnew section for section 28M.
'73.
Amendment ofsection 30.
'14.
Amendment ofsection 41.
75.
Amendment ofsection 45.
76.
Amendment ofsection 46.
77.
Amendment ofsection 47.
78.
Amendment of section 50.
79.
Amendment ofsection 51.
80.
Insertion ofnew Chapter VIIA.
81.
Amendment ofsection 54.
82.
Amendment ofsection 60.
83.
Amendment ofsection 68.
84.
Amendment ofsection 69.
85.
Amendment ofsection 74.
86.
Amendment ofsection 75.
8'7.
Amendment of Chapter heading.
88.
Amendment ofsection 83.
89.
Amendment of section 84.
90.
Insertion ofnew Chapter XllA.
91.
Insertion ofnew section 109A.
92.
Amendment ofsection l[0.
93.
Amendment ofsection I22-
s4.
Amendment ofsection 124.
s5.
Amendment ofsection 125.
96.
Amendment ofsection 1284..
97.
Insertion ofnew section l43AA.
98.
[nsertion ofnew section l5lB.
99.
Substitution ofnew section for section 153.
100. Amendment of section 157.
l0l.
Amendment of notification issued under sub-section (l ) of section 25 of Customs Act and sub-section ( l2)
of section 3 of Customs Tariff Act, retrospectively.
Customs Tariff
102. Amendment ofCustoms TariffAct, 1975.
103. Amendment of First Schedule.
104. Amendment of Second Schedule.
105.
106.
t07.
Service tax
Special provision for exemption from service tax in certain cases relaling to life insurance services provided
by Naval Group Insurance Fund to personnel ofCoasl Guard, retrospectively.
Special provision for exemption from service tax in certain cases r€lating to services provided or agreed to be
provided by Goods and Services Tax Network, retrospectively.
Special provision for retrospective exemption 1}om service tax on Govemment's share of profit petroleum.
424 (11
sdwq rrqqd, ftrim uqrzore
Cr-nuses
CHAPTER V
REpEAr, AND sAvrNcs oF CERTATN ENAcTMENTS
108. Repeal and savings ofcertain enactments.
109. Collection and payment ofarrears ofduties.
C}I,AFTER VI
Socrru- Weuenr Suncrunce
| 10. Social Welfare Surcharge on imporled goods.
CHAPTER VII
RoAD AND INFMsrRuctum Cess
I I l. Road and lnfrastructure Cess dn imponed goods.
112. Road and Infrastructure Cess on excisable goods.
CHAPTER VIII
Mlscsr-r-a.wsous
PART I
AMENDMENTs rorHE GovenNvrxr Srvrrcs BANKSAc-r, 1873
I13. Commencement ofthis Pan.
I 14. Substitution oflong title to Act 5 of 1873.
I15. Amendment ofshon title.
| 16. Substitution of words "Authorised Office/' for the word "Secrelary" throughout Act.
I 17. Omission of section 2.
I18. Substituiori ofnew sections 3, 3A and 3B for section 3.
l19. Amendment ofsection 4.
120. Amendment ofsection 4,A.
l2l. Amendment ofsection 5.
122. Amendment ofsection 6.
123. Amendment ofsection 7.
124. lnsertion of nelv section 74.
125. Amendment ofsection 8.
126. Amendment ofsection 10.
127. Amendment ofsection 12.
128. lnsertion ofnew section l2A.
129. Omission of heading.
130. Omission df section 13.
l3l. Amendment ofseclion 14.
132. lnsertion ofnew section l4A.
. 133. Amendment ofsection 15.
ly. lnsertion ofnew section and Schedule.
PART II
AMENDMENT ro rHE RESERvE BANK oF INDIA Ac1, I 934
135. Amendment ofsection l7 ofAct 2 of 1934.
EdRirq Gq-d, Grir raqr zorr
Cleuses
PART III
AtrexourNrs ro trs PRESTDENT's EMoLUMENTs AND pENSroN Acr, l95l
136. Commencement ofthis Part.
137. Amendment ofsection lA.
138. Amendment ofsection 2.
139. Amendment ofsection 3A.
PARI IV
.
AMrNotrrlt to rse Snuntrs lxo ALLowaNcss or OrncEns or PanlmsNr Acr, 1953
.
1,1.0. Amendment of section 3 ofAct 20 of 1953.
PART V
AMENDMENTS ro rHE S,runv, Alr-owaNcrs aNo PsNsroN or MEMBERS oF PARUAMENT Acr, 1954
l4l. Commencement ofthis Pan.
142. Amendment ofsection 3.
143. Amendment ofsection 4.
144. Amendment ofsection 8A.
145. Amendmenl ofsection 8AC.
-
PART VI
AMENDMENTs ro rHE Sscunrrrss CoNrracrs (REauLATtoN)Ac-r, 1956
146. Commencement ofthis Part.
147. Amendment ofsection l2A.
1,18. Amendment ofsection 23.
149- Amendment ofsection 23A.
150. Amendment ofsection 23E.
l5l. Amendment olsection 23G
152. lnsertion ofnew section 23GA.
153. Amendment ofsection 23-1.
154. Amendment ofseclion 23J.
155. Amendment ofsection 23JA.
:
156- Amendment ofsection 23J8.
157. lnsertion ofnew section 23JC.'
158. Amendment of section 23M.
159. Amendment o[section 24.
PART VII
AMENDMENT ro rHE CENTRAL BoARDs oF REvE)'uE Acr, I 963
160. Amendment ofAct 54 of 1963.
PART VIII
AMENDMENT ro rHE GovERNoRs (EMoLUMENIS, ALLowANcEs AND PRrvrLEcEs)Acf, 1982
16l. Amendment ofsection 3 ofAct43 of 1982.
424 (s)
I
424 (61
E-dsoc 1lqqd, ft<iq t a {c zo t t
CI.AUsES
PART IX
AMENDMENTS ro rHE NATIoNAL HousrNc BeNrAcr' 1987
162. Commencement ofthis Part.
163. Amendment ofsection 3.
164. Amendment ofsection 4.
165. Amendment ofsection 5.
166. Amendment ofsection 6.
167. Amendment ofsection 7.
l6i. Amendment ofsection 16.
169. Amendment ofsection 29A.
170. Amendment ofsection 33.
l7l. Amendmen{ ofsection 33B.
172. Amendment ofsection 37.
lR. Amendment of section 39.
174. Amendment ofsection 40.
175. Amendmenr ofsection 43.
176. Amendment ofsection 45A.
177. Amendment of section 55.
PART X
AveNo[lst{ts ro rHe Secuntnrs eNo ExcHANGE BoARD oF INDIA Acr, 1992
178. Commencement ofthis Part.
179. Amendment ofsection I l.
180. Amendment ofsection I I B.
l8l. Amendment ofsection l5,A.
182. Insertion ofnew sections l5EAand l5EB.
183. Amendment ofsection l5F.
l&4. Amendment ofsection l5-t.
185. Amendment ofsection l5J.
186, Amendment ofsection l5JB.
187. Amendment ofsection 24.
188. Amendment ofseclion 27.
189. Amendmbnt ofsection 28A.
190. Insertion ofnevi section 288.
PART XI
AMENDMENTS ro rHE Deeosrrox.tis Acr, I 996
l9l. Commencement ofthis Pan.
192. Amendment ofsection 19.
193. Amendment ofsection l94.
194. lnsertion ofnew section l9FA.
dslE {Mqd, e{i6 l4W 2otr
4z4l7l
Cr.euses
195. Amendment ofsection l9H.
196. Amendment ofsection l9-1.
19?. Amendhent of section l9-lA.
198. Amendment ofsection l9-lB.
199. Insertion ofnew section l9-lC.
200. Amendment ofChapter V.
201. Amendment ofsection 20,
2@. Amendment of section 21.
203. Omission of heading.
PART XII
.
AMENDMENT ro rHE VrcE-pREstDENT's psNsroN Acr, 1997
204. Amendment ofsection 2 ofAct 30 of 1997.
PART XIII
AMENDMENTS ro rHE CENTML RoAD FUND Ac-r, 2000
205. Commencement ofthis Pan-
206. Amendment ofAct 54 of2000.
PART XTV
AMENDMENTS ro rHE pREvENnoN oF MoNEY-LAUNDERTNa Acr,2002
20l. Commencement ofthis Pan.
208. Amendments ofAct l5 of2003.
PARI XV
AMENDMENTS ro rHE FscAL REspoNstBrltry AND BrrDcET MeNr,oeilelrr Acr, 2003
209. Commencement ofthis Pan.
210. Amendment of long title.
2l l. Amendment ofsection 2.
212. Amendment ofsection 3.
213. Amendment ofsection 4.
214. Amendment ofsection 5.
215. Amendment ofsection 7.
216. Amendment ofsection 8.
PART XVI
AMENDMENT ro rHE FINANCE (No. 2) Ac-r, 2004
217. Amendment o f Act23 of2004.
PART XVII
2rg. Amendment ofAct r7of20l3.
AMENDMENT' Io rHE FNAN.EAcT' 2013
PART XVIII
AMENDMENTS ro rHE BLAcx MoNEy (UNuscr.oseo Fonoox lxcove eNo Assers) rNo lMpostrroN oi T^x Acr. 2Ot 5
219. Amendmenr ofAct22 of70t5.
424 (8)
Bftnerrc {qqx, ft{i{ 14qr 2ols
.
PART XIX
AMENDMENT ro rHE FINANCE Acr, 20 1 6
220. Arnendment ofAct 28 of20l6.
PAKT XX
AuruoupNr ro rHr Cavrlel Cooos nxo SenvtcEs TAx Acr' 20 1 7
221. Amendment ofsection 2 ofAct l2 of20l7.
.
THE FIRST SCHEDULE.
THE SECOND SCHEDI.JLE.
THE THIRD SCHEDIJLE
.
THE FOUKTH SCHEDULE.
THE FIFTH SCHEDULE
THE STXTH SCHEDULE.
Ed$c{q[d, frrit rlqr zorr
424 (el
THE FINANCE ACT. 2018
AN
ACT
t di give e/fect to the /inancial proposals of the CentralGoternment lor the
Ji n a nc i a I y e ar 20 1 8-20 I 9.
BE it endcted by Parliament in the Sixty-dnth Year of the Republic oflndia as follows:-
C+IAPTER I
PneLrurNlnv
l. (,1) ThisAct may be called the FiiianceAct,20l8.
(2) Save as otherwise provided in this Act, sections 2 to 55 shall come into force on
the I st dav ofApril' 20lE
cHAprERIl
Rrres on hcoue-tex
2. (/) Subject to the provisions of sub-sections (2) end (3), for the asses$tent year
commencing on the, I st day ofApril,20l8, income-tax shall be gharged at tlre ratds specified
Short title
and
lncome-tax.
424 (t}l
ErS€{E {rqqd, Gri* raqr rorr
in Part I ofthe First Schedule and such tax shall be increased by a surcharge, for the purposes
ofthe Union, calculated in each case in the manner provided therein.
(2) ln the cases to which Paragraph A ofPart I ofthe First Schedule applies, where the
assessee has, in the previous year, any net agricultural income exceeding five lhousand
rupees, in addition to total income. and the total income exceeds two lakh fifty thousand
rupees, then,-
(a) the net agricultuml income shall be taken into account, in the mannerprovided
in clause (b) [that is to say, as ifthe net agricultural income were comprised in the total
income after the first two lakh fifly thousand rupees ofthe total income but without
being liable to tax], only for the purpose ofcharging income-tax in respect ofthe 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 incomel
(il) the net agricultural income shall be increased by a sum oftwo lakh fifty
thousand rupees, and the amount ofincome-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:
(lii) the amount of income-tax determiired 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 anived at shall be the income-tax
in respect ofthe total income:
Provided that in the case ofevery individual, being a resident in India, who is of
the age of sixty years or more but less than eighty years al any time during the
previous year, referred to in item (/0 ofParagraph A ofPart I ofthe Fimt Schedule, the
provisions of this sub-section shall have effect as if for the words "two lakh fifty
thousand rupees", the words "three lakh rupees" had been substituted:
Provided further that in the case of every individual, being a resident in India,
who is ofthe age ofeighty years or more at any time during the previous year, referred
to in item (,//0 of Paragraph A of Part I of the First Schedule, the provisions of this
sub-section shall have effect as iffor the words "two lakh fifty thousand rupees", the
words "five lakh rupees" had been substituted.
(J) I n cases to \a,h ich the provisions ofChapter X I I or Chapter XI I-A or section I | 5J B
or section I I 5JC or Chapter X ll-FA or Chapter X I I-FB or sub-section ( /,{) ofsection I 6 I or
section 164 or section l644 or section l678 ofthe lncome-taxAct, l96l (hereinafter referred 43 ol l96l.
.to as the lncome-tax Act) apply, $e tax chargeable shall be determined as provided in that
rchapter 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 I I I A or section I I 2 ol the lncome-tax Act ihall be increased by a surcharge, for
the purposes ofthe Union. as provided in Paragraph A, B, C, D or E. as the case may be, of
Pan Iofthe First Schedule:
Provided further that in respect ofany income chargeable to tax under section I l5A,
I t5AB,l l5AC,l tsACA,ll5AD,l l58, I l5BA I l5BB,ll5BBA" llsBBC,ll5BBD, li5BBDA,
ll5BBF, ll5BBG, ll5E, I l5JB or 1l5JC ofthe Income-tax Act, the amount of income-tax
Bdsrq {q[d, ftri+ la{r zorr
424lttl
conrputed under this sub-section shall be increased by a surcharge, for the purposes ofthe
Union, calculated,-
(a) in the case ofevery individual oi Hindu undivided family or association of
persons or body of individuals, whether incorporated or not, or every artificialj uridical
person referred to in sub-clause (vir) of clause (.i/) of section 2 of the Income-tax
Act.-
(i) having a total income exceeding fifty lakh rupees but not exceeding
one crore rupees, at the rate often per cent. ofsuch income-tax; and
(ii) having a total income exceeding one crore rupees, at the rate offifteen
per cent. ofsuch income-tax;
(6) in the case ofevery co-operative society orfirm or local authority, at the rate
of twelve per cent, of such income-tax, where the total income exceeds one crore
rupees;
(c) in the case ofevery domestic company.-
(l) at the rate ofseven per cent. ofsuch income-tax, where the total income
exceeds one crore rupees bul does not exceed ten crore rupees;
(ii) at the rate of twelve per cent, of such income-tax, where the total
income exceeds ten crore ruPees:
(d) in the case ofevery company, other than a domestic company,-
(i) at the rate oftwo per cent ofsuch income-tax, where the total income
exceeds one crore rupees but does not exceed len crore rupeesi
(ii) atthe rate offive percent ofsuch income-tax, wherethetotal income
exceeds ten crore rupees:
Provided also that in the case ofpersons mentioned in (a) above, having total
income chargeable to tax under section I l5JC ofthe lncome-taxAct, and such income
exceeds,-
(i) fifty lakh rupees but does not exceed one crore rupees. the total amount
payable as income-tax and surcharge thereon shall notexceed the total amount
payable as income-tax on a total income of fifty lakh rupees by more than the
amount ofincome that exceeds fifty lakh rupees;
(li) one crore rupees, the total amount payable as income-tax and surcharge
thereon shall not exceed the total amount payable as income-tax and surcharge
on a total income ofone crore rupees by more than the amount of income that
exceeds one crore ruPees:
Provided also that in the case of persons mentioned in (6) above, having total
income chargeable to tax under section l l5JC ofthe lncome-tax Act, and such income
exceeds one crore rupees, the total amount payable as income-tax on such income and
surcharge thereon shall not exceed the total amount Payable as income-tax on a total
income ofone crore rupees by more than the amount ofincome that exceeds one crore
rupees:
Provided also that in the case ofevery company having total income chargeable
to tax under section I l5JB ofthe Income-tax Act, and such income exceeds one crore
rupees but does not exceed len crore rupees. the total amount payable as income-tax
on such income and surcharge thereon, shall not exceed the total amount payable as
income-tax on a total income ofone crore rupees by more than the amount of income
that exceeds one crore ruPetes:
Proyided also thal in the case ofevery company having total income chargeable
to tax under section I l5JB ofthe Income-tax Act, and such income exceids ten crore
rupees, the lotal amount payable as income-tax on such income and surcharge thereon'
shall not exceed the total amount payable as income-tax and surcharge on a total
424 (r2l
ydtlrq {rq[d, frcis lnq{ zorr
income often crore rupees by more than the amount ofincome that exceeds ten crore
rupees:
Provided also that in respect ofany income chargeable to tax under clause (i) of
sub-section ( /) of section I I5BBE of the Income-tax .Act, the amount of income-tax
computed under this sub-section shall be increased by a surcharge, for the purposes
ofthe Union, calculated at the mte oftwenty-five per cent. ofsuch income-tax.
(4) In cases in which tax has to be charged and paid under section I l5-O or section
I I5QA or sub-section (2) ofsection I l5R or section I l5TAor section I l5TD ofthe Income-
tax Act, fie tax shall be charged and paid at the rates as specified in those sections and shall
be increased by a surcharge, for the purposes ofthe Union, calculated at the rate of twelve
per cent. ofsuch tax.
(5) In cases in which tax has to be deducted under sections 193, 194, 194A, 1948,
l94BB, 194D. l94LBA, l94LBB, l94LBC and 195 ofthe Income-taxAct, at lhe rates in force,
the deductions shall be made at the rates specified in Part Il ofthe First Schedule and shall be
increased by a surcharge, for the 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 192A, 194C, l94DA, 194E,
r94EE, l94n t94G l9 4H, t9+t,19+Wr94-lB, l9+lc, 194J, 194t"{, l94LB, I94LBA, [94LBB,
l94LBC, l94LC, l94LD, 1968, l96C and l96D ofthe Income-taxAct, the deductions shall be
made at the rales specified in those sections and shall be inmeased by a surcharge, for the
purposes ofthe Union,-
(a) in the case ofevery individual or Hindu undivided family or association of
persons or body ofindividuals, whether incorporated or not, or every artificialj uridical
person refened to in sub-clause (vi, ofclause (3/) ofsection 2 ofthe Income-tax Act,
being a non-resident, calculated,-
(i) atthe rate often per cent. ofsuch tax, where the income or the aggegate
ofsuch incomes paid or likely to be paid and subject to the deduction exceeds
fifty lakh rupees but does not exceed one crore rupees;
(iD at the rate of fifteen per cent. of such tax, where the income or the
aggregate ofsuch incomes paid or likely to be paid and subject to the deduction
exceeds one crore ruPees;
(b) in the case of every co'operative society or firm, being a non-resident,
calculated at the rate oftwelve per cent ofsuch 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:
(c) in the case of every company, other than a domestic company, calculated,-
(l) at the rate oftlvo percenl. ofsuch tax, where the income orthe aggregale
of such incomes paid or likely to be paid and subject to the deduction exceeds
i
one crore rupees but does not exceed ten crore rupees;
(ii) atthe rate offive percent ofsuchtax, where the income orthe aggregate
of such incomes paid or likely to be paid and subject to the deduction exceeds
ten crore rupees.
(7) ln cases in which tax has to be collected under the proviso to section l94B ofthe
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 the purposes ofthe Union, calculated.
in cases wherever prescribed, in the manner provided therein.
(8) tn cases in which tax has to be collected under section 206C ofthe lncome'taxAct,
Bdgrrq {rdq-i, ftrim rl qr zorr
424 (Bl
the collection shall be made at the rates specified in that section and shall be increased bv a
surcharge, for the purposes ofthe Union,-
(a) in the case ofevery individual or Hindu undivided family or association of
persons or body ofindividuals, whether incorporated or not, or every artificialjuridical
person referred to in sub-clause (vil) ofclause (3/) ofsection 2 ofthe Income_taxAct,
being a non-resident, calculated,-
(r) at the rate often per cent. ofsuch tax, where the amount or the aggregate
ofsuch amounts collected and subject to the collection exceeds fifty lakh rupees
but does not exceed one crore rupees;
(lr) at the rate of fifteen per cent. of such tax, where the amount or the
aggregate ofsuch amounts collected and subject to the collection exceeds one
crore rupees;
(b) io,the case of every co-operatiye society or firm, being a non-residenr,
calculated at lhe rate oftwelve per cent. ofsuch tax, where the amount or the aggregate
of such amounts collected and subject to the collection exceeds one crore rupees;
(c) in the case ofevery company, other than a domestic company, calculated,-
(r) at the rate oftwo percent. ofsuch tax, where the amount orthe aggregate
ofsuch amounts collected and subject to the collection exceeds one croi.e rupees
but does not exceed ten crore rupees;
(il) at the rate of five per cent. of such tax, where the amount or the
aggregate of such amounts collected and subject to the collection exceeds ten
crore rupees.
(9) Subject to the provisions ofsub-section (./0), in cases in which income-tax has to
be charged under sub-section (l) of section 172 or sub-section (2) of section 174 or
section l74A or section 175 or sub-section (2) of section 176 of the lncome-tax Act or
deducted liom, or paid on, income chargeable under the head ,,Salaries" under section 192 of
the said Act or in which the "advance tax" payable under Chaprer XVII-C ofthe 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 charged, deducted or computed at the rate or rates specified in Part III ofthe
First Schedule and such tax shall be increased by a surcharge, forthe purposes ofthe Union,
caleulated in such cases and in such manner as provided therein:
Proyided that in cases to which the provisions of Chapter Xll or Chapter XII-A or
section I l5JB or section 1 l5JC or Chapter XI I-FA or Chapter X I I-FB or sub-section ( /l) of
section l6l or section 164 or section l64,4 or section 1678 ofthe Income-tax Act apply,
"advance tax" shall be computed with reference Io the rates imposed by this sub-section or
the rates as specified in thal Chapter or section, as the case may be:
Provided funher that the amount of"advance tax" computgd in accordance with the
provisions ofsection lllAorsection ll2orsection ll2Aof the Income-tax Act shall be
increased by a surcharge, for the purposes ofthe Union, as provided in Paragraph A, B, C,
D or E, as the case may be, ofPart III ofthe First Schedule:
Provided also that in respect ofany income chargeable lo tax under section I l5A,
II5AB,II5AC,IIsACA,II5AD,II58,II5BA,II5BB,II5BBA,lIsBBC, II5BBD, IIsBBDA.,
I l5BBF, I I5BBG I l5E, I 15JB or I 15JC ofthe Income-taxAct,.,advance tax,, computed under
the first proviso shall be increased by a surcharge, for the purposes of the Union,
calculated,-
(a) in the case ofevery individual or Hindu undivided family or association of
persons or body ofindividuals, whether incorporated or not, or every artificialjuridical
person referred to in sub-clause (vii) ofclause (31) of section 2 ofthe Income-tax
Acl.
(l) at the rate of ten per cent. of such "advance tax", where the. total
income exceeds fifty lakh rupees but does not exceed one crore rupees;
424 (t4l
Bde:rq {ts[d, frci6 trEI:otr
(ir) at the rate of fifteen per cent. of such "advance, tax", where the total
income e.xceeds one crore mpees;
(6) in the case ofevery co-operative S;6iety or firm or local authoriry at the rate
oftwelve per cent. ofsuch "advance tax", where the total income exceeds one crore
rupees;
(c) in the case ofevery domestic company,-
(i) at the rate of seven per cent. of such "advance tax", where the total
income exceeds one cror€ rupees but does not qxceed ten crore rupees;
(i, at the rate oftwetve per cent. ofsuch "advance tax", where the total
income exceeds ten crore ruPees;
(d) in the case ofevery company, other than a domestic company,-
(, at the rate of two per cent. of such "advance tax", where the lotal
income exceeds one crore rupees but does not exceed ten crore ruPees:
(i, at the rate of five per cent. of such "advance tax", where the total
income exceeds ten crore ruPees:
Provided also that in the case ofpersons mentioned in (a) above, having total income
chargeable to tax under section I l5JC ofthe Income-tax Act, and such income exceeds,-
(a) fifty lakh rupees but does not exceed one crore rupees, the total amount
payable as "advance tax" on such income and surcharge thereon shall not exceed the
iotal amount payable as "advance tax" on a total income offifty lakh rupees by more
than lhe amount ofincome that exceeds fifty lakh rupees;
(r) 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 mpees:
Provided also that in the case ofpersons mentioned in (b) above, having total income
chargeable to tax under section I l5JC ofthe Income.:tax Act, and such income exceeds one
ciorJ 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:
Provided also that in the case ofevery company having total income chargeable to tax
under section I l5JB of the tncome-tax Act, and such income exceedS one crore rupees but
does not exceed ten 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 Jne crore rupees by more than the amount of income that exceeds one crore
rupees:
Provided atso that in the case oFevery company havingtotal income chargeable to tax
under section I lsJB ofthe lncome-tax Act, and such income exceeds ten crore rupees' the
i.j,ul u*oun, payable as "advance tax" on such income and surcharge thereon' shall not
exceedthetotal.amountpayableas..advancetax,'andsurchargeonatotalincomeoften
crore rupees by more than the amount of income that exceeds ten crore rupees:
Provided also that in respect of any income chdrgeable to tax under clause (i) of
,uboiction (l) otr"ction I l5BdE ofthe tncome-tax Act' the "advance tax" computed under
ii. n"t pr""ito ,f,r"ll be increased by a surcharge, for the purposes ofthe Union' calculated
at the raie of twenty-fiYe per cent. of such "advance tax"'
(/0) In caies to which Paragraph A ofPart III ofthe First Schedule applies' wtiere the
urrprraa hur, in the previous year or, if by virtue of any provision of the Income-tax AcJ'
income-tax is to be cirarged in respect ofthe income ofa period other than the previous year'
ird€rrd irqrd, ftri* ra qr zott
424 (rsl
in such otherperiod, any net agricurturar income exceeding five thousand rupees, in addition
to total income and the total income exc€eds two lakh fifryihou5and rupees, then, in charging
income-tax under sub-section (2) of section r74 or section l74A or section r75 or
sub-section (2) ofsection 176 of the said Act or in computing the.,adyance tax,, payable
under Chapter XVII-C ofthe said Act, at the rate or rates in forie,_
(a) the netagricultural income shallbetaken into account, inthe manner provided
in clause (b) [that is to say, as ifthe net agricurtural income were comprised inthe totar
income after the first two rakh fifty thousand rupees ofthe total income but without
being liable to taxl, only for fte purpose ofcharging or computing such income-tax or.
as the case may be, "advance tax,' in respect ofthe total income; and
(6) such income-tax or, as the case may be,,,advance tax,'shall be so charged or
computed as follows:-
(D the total income and the net agricultural income shall be aggregated
and the amount ofincome-tax or,.advance tax,: shall be determined in respect of
the aggregate income at the rates specified in.the said paragraph A, as ifsuch
aggregale income were the total income;
(il) the net agricultural income shall be increased by a sum oftwo lakh fifty
thousand rupees, and the amount of income-tax,or ..advance tax', shall be
determined in respect ofthe net agricultural income as so increased al the rates
specified in the said Paragraph A, as ifthe nel agricultural income were the total
income;
(iir lhe amount ofincome-tax or.,advance tax,, determined in accordance
with sub.clause (r) shall be reduced by the amount ofincome-tax or, as the case
may be, "advance tax" determined in :iccordance with sub-clause (r, and the
sum so anived at shall be the income-tax or, as the case may be, ..advance tax',
in respect ofthe total income:
Provided that in the case ofevery individual, being a resident in Indi4 who is ofthe
age of sixfy years or more but less than eighty years aI any time during the previous year.
referred to in item (//) of Paragraph A ofPart III ofthe First Schedule, the provisions ofthis
sub-section shall have effect as if ibr the words "two lakh fifty thousand rupees", the words
"three lakh rupees" had been substituted:
Provided further that in the case ofevery individual, being a resident in India, who is
ofthe age ofeighty years or more at anytime during the previousyeal refened to in item (1f)
ofParagraph A of Pan III ofthe First Schedule, the provisions ofthis sub-section shall have
effect as if for the words "two lakh fifty thousand rupees", the words ,.five lakh rupees" had
been subsrituted:
Provided also thal the amount of income-tax or "advance tax" so anived at, shall be
increased by a surcharge for the purposes ofthe Union, calculated in each case, in the
manner provided therein.
( //) The amount of income-tax as specified in sub-secrions (/) to (J) and as increased
by the applicable surcharge, for the purposes ofthe Union, calculated in the manner provided
therein, shall be further increased by an additional surcharge, for the purposes ofthe Union,
to be called the "Education Cess on income-tax", calculated at the mte ofhvo per cent. of
such income-Iax and surcharge so as to fulfil the commitment ofthe Govemment to provide
and finance universalised quality basic education.
(/2) The amount ofincome-tax as specified in sub-sections (,1) to (J) and as increased
by the applicable surcharge, for lhe purposes ofthe Union, calculated in the manner provided
therein, shall also be increased by an additional surcharge, for the purposes ofthe Union, to
be called the "Secondary and Higher Education Cess on income-tax,', calcular;d at the rate
ofone per cent. ofsuch income-tax and surcharge so as to fulfil the commitment of the
Government to provide and finance secondary and higher education.
424 (t6\
B*c.E trd[d, ftci* uqr zorr
An)endment
ol-scclion 2
( /J) The amount ofincome-tax as specified in sub-sections (4) to ( /0) and as increased
by the applicable surcharge. for the purposes ofthe Union, calculated in the manner provided
therein, shall be funher increased by an additional surcharge, for the purposes ofthe Union,
to be called the "Health and Education Cess on income-tax", calculated at the rate offour per
cent. ofsuch income-tax and surcharge so as to fulfil the commitment ofthe Covemment to
provide and finance quality health services and universalised quality basic education and
secondary and higher education:
Provided that nothing contained in this sub-section shall apply to cases in rvhich tix is
to be deducted or collected under the sections of the Income-tax Act mentioned in
sub-sections (5), (6), (7) and (8), ifthe income subjected to deduction oftax ar source orcollecrion
oftax at source is paid to a domestic company and any other person who is resident in India.
(14 For the purposes ofthis section and the First Schedule,-
(a) "domestic company" means an Indian company or any other company which,
in respect ofits income liable to income-tax under the Income-tax Act, for the assessment
year commencing on the I st day ofApril, 201 8, has made the prescribed arrangements
for the declaration and payment within India ofthe dividends (including dividends on
prel'erence 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 ofpolicies ofinsurance);
(c) "net agricultural income" in relation to a person, means the total amount oi
agricultural income, from whatever source derived, of that person computed in
accordance with the rules contained in Pan IV ofthe First Schedule;
(/) 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-l0x
3. In section 2 ofthe lncome-tax Act,-
(a) in clause (?2), after Explonation2,thefollowing Explanation shall be inserted,
namely:--
" Explanation 24.-ln the case of an amalgamated company, the
accumulated profits, whether capitalised or not, or loss, as the case may be, shall
be increased by the accumulated profits, whether capitalised or not, of the
amalgamating company on the date of amalgamation.";
(D) with effcct fiom the I st day ofApril, 2019,*
(i) in clause (21),-
(l) after sub-clause (.rii), the following sub-clause shall be inserted,
namely:-
"(rila) the fair market value of inventory referred lo in
clause (via) of section 28i';
(B) after sub-clause (xviia), the following sub-clause shall be
inserted, namely:-
"(.piib) any compensation or other piryment referred to in
clause (,ri) ofsub-section (2) ofsection 56;"1
s+$rq {qq{, ffi6 t4W2ols
424 (t7t
(ti) in ctause (421),-
(A) tn Explanation l, in clause (r), after sub-clause (D), the following
sub-clause shall be inserted namely:-
"(ba) in the case of a capital asset referred to in clause (vla) of
secrion 28, the period shall be reckoned from the date ofits conversion or
treatment;";
(B) in Explanation 4, for the words, brackets and figures ,,the
Expldn(ltion to cla\se (.i8) ofsection I0,,, the words, brackets, letters and
'
figures "clause (d) ofthe .Arp hnationto section I l2A,' shall be substituted.
4, ln section 9 ofthe Income-tax Act, in sub-section (.1), in clause (i), with effect from Amendmenr
the lst day ofApril, 2019,-
of section 9.
(t) in Explanation2,for clause (a), 0re following clause shall be substituted, namely:_
"(a) has and habitually exercises in India, an authority to conclude
contracts on behalf of the non-resident or habitually concludes contracts or
habitually plays the principal role leading to concluiion of contracts by thar
non-resident and the contracts are-
(i) in the name ofthe non-resident; or
(10 for the transfer ofthe ownership of, or for the granting ofthe
right to use, propefty owned by that non-resident or that non-resident
has the right to use; or
(iil) for the provision of sewices by the non-resident; or,';
(ll) after Explanation 2, the following Exp lonation shallbe inserted. namely:-
'Explanatio?2A.-For the removal ofdoubts, it is hereby clarified that
the significant economic presence of a non-resident in India shall constitute
"business connection" in India and "significant economic presence" for this
purpose, shall mean-
(a) transaction in respect ofany goods, services or property canied
out by a non-resident in India including provision ofdownload ofdata or
software in India, ifthe aggregate ofpayments arising tiom such transaction
or transactions during the previous year exceeds such amount as may be
prescribed; or
(b) systematic and continuous soliciting of business acrivities or
engaging in interaction with such number ofusers as may be prescribed,
in India through digital means:
Provided that the transactions or activities shall constitute significant
economic presence in India, whether or not,-
(i) the ageement for such tmnsactions or activities is entered in India;
(ii) the non-resident has a residence or place ofbusiness in India; or
(il, the non-resident renders services in lndia:
Provided further that only so much of income as is aftributable to the
transactions or activities referredto in clause (a) or clause (6) shall be deemed to
accrue or arise in India.'.
5. ln section l0 ofthe Income-tax Act,-
(a) after clause (6C), the following clause shall be inserted, namely:*
"(6D) any income arising to a non-resident, not being a company, or a
foreign company, by way ofroyalty from, or fees fortechnical services rendered
in or outsjde India to, the National Technical Research Organisation;";
(b) witheffect from the lst day ofApril,20l9,-
(i) in clause (/21), for the word "employee", the word "assessee" shall be
substitutedi
Amendment
of section l0
424 (r8)
Bdn.rq {rd'rd, ttiq r,tqq zotr
A men dmenl
ol sectio[ 16.
(il) in clause (zJC), after the twelfth proviso [as insened by section 6 of
the Finance Act, 20171, the following proviso shall be inserted, namely:-
1of2oti.
'Provided also that for the purposes of determining the amounl of
application under item (4) of lhe third proviso, the provisions of
sub-clause (la) ofclause (a) ofsection 40 and sub-sections (3) and (31) of
section 40A, shall, mutatis mutandis, apply as they apply in computing
the income chargeable under the head "Profits and gains of business or
profession":';
(iir) in clause (.i8), after the third proviso, the following proviso shall be
inserted. namely:-
"Provided also that nothing contained in this clause shall apply to
any income arising from the transfer of long-term capital asset, being an
equity share in a company or a unit ofan equity oriented fund or a unit of
a business trust, made on or after the I st day ofApril, 20 I 8.";
(c) iir clause (.1Q, after the brackets and words "(by whatever name called)" at
both the places where they occur, the words ", or a class thereofl' shall be insertedi
(d) in clause (488) [as inserted by section 6 ofthe Finance Act, 2017], after the 7 of 2017
word, brackets, figures and letter "clause (48,4)", the words "or on termination ofthe
said agreement or the arrangement, in accordance with the lerms mentioned therein, as
the case may be," shall be inserted with effect liom the lst day ofApril, 2019.
6. ln section I I of the lncome-tax Act, in sub-section (/), after Explanation 2 las
inserred by section I I ofthe Finance Act, 2017], the following Explanqtion shall be inserted 7 of 2017.
with effect fiom the I st day ofApril, 2019, namely:-
'Erplqnqtion 3.-For the purposes of determining lhe amount of application
under clause (a) or clause (b), the provisions of sub'clause (ic) of clause (a) of
section 40 and sub-sections (3) and (31) of section 40A, shall, mutatis mutandis,
apply as they apply in computing the income chargeable under the head "Profits and
gains of business or profession".'.
7. In section l6 ofthe tncome-tax Act, after clause (r) [as omitted by section 6 ofthe
Finance Act, 20051, the following clause shall be insened with effect from the I st day of l8 of 2005'
April.20l9. namely:-
"(ia) a deduction of forry thousand rupees or the amount oflhe salary, whichever
ls less:
8, tn section l7 ofthe tncome-tax Act, in clause (2), in the proviso occurring afler
sub-clause (vili), clause (v) shall be omitted with effect from the I st day ofApril, 2019'
9, In section 28 ofthe lncome'taxAct, with effecl from the lst day ofApril,20l9'-
(/) in clause (ii), after sub-clause (d),the following sub-clause shall be inserted'
namely:-
"(e) any person, by whatever name called, at or in connection with the
.
termination or the modification of the terms and conditions, of any contracl
relating to his business;";
Amendment
ol sectio[ l?.
Amendmenl
of scction 28.
(14 after clause (v,), the following clause shall be inserted, namely:-
"(via) the fair market value of inventory as on the date on which it is '
converted into, or treated as, acapitalasset determined inthe prescribed manner;".
Amendmenr 10. Iq section 36 of the Income-tax Act, in sub-section (,1), after clause (xvii), the
ol section 36. followingclause shall be inserted and shall be deemed to have been inserted with effect from
the I st day ofAPril,20l7, namelY:-
"(Jviii) marked to market loss or other expected loss ascomputed in accordance
with the income computation and disclosure standards notified under sub-section (2)
ofsection 145.".
Bd€rc {rdq-d, ftci66 rlqi zote
424 (tel
ll. In section 40A of the lncome-tax Act, after sub-section (/2) [as omitted by
l8 ol lee2 section I 7 ofthe Finance Act, 19921, the following sub-section shallbe inserted and shallbe
deemed to have been inserted with effect from the I st day ofApril, 2017, namely:_
"(/J) No deduction or allowance shall be allowed in respect ofany narked to
market loss or other expected loss; except as allowable under clause (xvlil) of
sub-section (/) ofsection 36.".
12. In section 43 oflncome-tax Act, with effect ilom the I st day ofApril, 2019,_
(i) in clause (/), after Explanation I,the following Explanatior shallbe insened,
namely:-
"Explanation lA.-Where a capital asset referred to in clause (via) of
section 28 is used for the purposes ofbusiness or profession, the actual cost of
such asset to the assessee shall be the fair market.value which has been taken
into account for the purposes ofthe said clause.,';
(ii) in clause (J), after the proviso and beforc Expldnatioh l, the following
proviso shall be inserted, namely:-
"Provided funherthat for the purposes ofclause (e) ofthe first proviso, in respect
of trading in agricultural commodity derivatives, the requirement of chargeability of
I ? 01 2013
commodity transaction tax under Chapter VI I ofthe Finance Act, 2013 shall not apply.".
13. After section 43A ofthe Income-tax Act, the following section shall be inserted and
shall be deemed to have been insened with effect from the I st day ofApril, 2017, namely:-
"43AA. (/) Subject to the provisions ofsection 43A, any gain or loss arising on
account of any change in foreign exchange rates shall be treated as income or loss, as
the case may be, and such gain or loss shall be computed in accordance with the income
computation and disclosure standards notified under sub-section (2) ofsection 145.
(2) For the purposes ofsub-section (/), gain or loss arising on account ofthe
effects ofchange in foreign exchange rates shall be in respect ofall foreign currency
transactions, including those relating to-
(l) monetary items and non-monetary.items;
(i, translalion of financial statements of foreign operationil
(i,) forward exchange contracts;
(lv) foreign cunency translation reserves.".
14. In section 43CA ofthe I ncome-tax Act, with effect from the I st day ofApril, 2019,-
(a) in sub-section (1), the following proviso shall be inserted, namely:-
"Provided that where the value adopted or assessed or assessable by the
authority for the purpose ofpayment ofstamp duty does not exceed one hundred
and five per cent. of the consideration received or accruing as a result of the
transfer, the consideration so received or accruing as a result ofthe transfer
shall, foi the purposei of computing profits and gains from transfer of such
.
asset, be deemed to be the full value ofthe consideration.";
'
(A) ln sub-section (4), for fte words "by any mode other lhan cash", the words
lby way of an account payee cheque or an account payee bank draft or by use of
electronic clearing system through a bank account" shall be substituted.
15. After section 43CA ofthe Income-tax Act, the following section shall be insened and
shall be deemed to have been inserted with effect ftom the I st day ofApril, 2017, namely:-
'?3CB. ( /) The profits and gains arising from a consfuction contracl or a contract
for providing services shall be determined on the basis of percentage of completion
method in accordance with the income computation and disclosure standards notified
under sub-section (2) ofsection 145:
I
I
Amendment
of section
40A.
Amendmenl
of section 43.
lnsertion of
n€w section
43AA.
Taxation of
foreign
exchange
fluctuation,
Amendment
of section
43CA,
lnsertion of
new section
43CB
Compuiation of
income fiom
424 (20)
B-dgrrs {rqq-d, Qci* ruqr zorr
Provided that profits and gains arising from a contract for providing services,-
(i) with duration ofnor morc than ninety days shall be determined on the
basis of project completion method;
(li) involving indeterminate number ofacts over a specific period oftime
shall be determined on the basis ofstraight line method.
(2) Forthe purposes ofpercentage ofcompletion method, project completion
method or straight line method referred to in sub-section (,lF
(i) the contract revenue shall include retention money;
(li) the contract costs shall not be reduced by any incidental income in the
nature of interest, dividends or capital gains.".
ADcndme r o l'
I 6. in section 44AE ofthe Income-tax Act, with effect flom the I st day ofApril, 2019,-
(a) for sub-section (?), the following sub-section shall be substituted, namely:-
"(2) For the purposes ofsub-section (/), the profits and gains from each
goods carriage,-
(i) being a heavy goods vehicle, shall be an amount equal to one
thousand rupees per ton of gross vehicle weight or unladen weight, as
the case may be, for every month or part of a month during which the
heavy goods vehicle is owned by the assessee in the previous year or an
amount claimed to have been actually eamed from such vehicle. whichever
is higher;
(il) other than hearry goods vehicle, shall be an amount equal to
seven thousand five hundred rupees for every month or pan ofa month
during which the goods carriage is owned by the assessee in the previous
year or an amount claimed to have been actually earned from such goods
carriage, whichever is higher.";
'
(bl in the Explanation, for c lause (a), the following clauses shall be substituted,
narnelS:
'(a) the expressions "goods caniage", "gross vehicle weight" and "unladen
weighf' shall have the respective meanings assigned to them in section 2 ofthe
Motor VehiclesAcr, 19881
59 ot 1988.
(aa) the expression "heavy goods vehicle" means any goods carriage,
the gross vehicle weight ofwhich exceeds 12000 kilograms;'.
Amendnen r
17. In section 47 of the lncome-tax Act, after clause (vliaa) [as inserted by section 23
ol section 47. ofthe F inance Act, 20 I ?1, the fo llowing c lause shall be inserted with effect from the lstday 7 of20l7.
ofApril, 2019, namely:-
'(viiab) any transfer ofa capital asset, being-
(a) bond or Global Depository Receipt referred to in sub-section (/) of
section I l5AC; or
(b) rupee denominated bond ofan Indian company; or
(c) derivative,
made by a non-resident on a recognised stock exchange located in any lntemational Financial
Services Centre and where the consideration for such transaction is paid or payable in
foreign currency.
Erplunation.- For the purposes of this clause,-
(a) "lnternational Financial Services Centre" shall have the meaning
assignedto it in clause (g)ofsection 2 ofthe Special Economic ZonesAct,2005l 28of200s.
(b) "recognised stock exchange" shallhave the meaning assignid to it in
clause (ii) of Explanarion I to clause (J) ofsection 43;
Edsnq rts[d, k<iq rlqr zorr
424 (ztl
-12 ol I956
68 of 1988
I of 1956.
(c) "derivative" shall have the meaning assigned to it in clause (ac) of
section 2 ofthe Securities Contracts (Regulation) Act, 1956.'.
18. In section 48 ofthe Income-tax Act, after the second proviso, the following proviso
shall be insened, namely:-
"Provided also that nothing contained in the first and second provisos shall
apply to the capital gains arising from the transfer ofa long-term capital asset being an
equity share in a company or a unit ofan equity oriented fund or a unit ofa business
trust referred to in section I l2A:".
19. ln section 49 ofthe Income-tax Act, after sub-section (8), the following
sub-section shall be insened with effect ftom the tst day ofApril,2019, namely:-
"(9) Where the capital gain arises from the transfer ofa capital asset referred to
in clause (via) ofsection 28, the cost ofacquisition ofsuch assel shall be deemed to
be the fair market value which has been taken into account for the purposes ofthe said
clause.".
20. In section 50C ofthe Income-tax Act, in sub-section (/), after the second proviso,
the followiirg proviso shall be insened with effect from the I st day ofApril, 2019, namely:-
"Provided also that where the value adopted or assessed or assessable by the
stamp valuation authority does not exceed one hundred and five per cent. of the
consideralion received or accruing as a result of the transfer, the consideration so
received or accruing as a result ofthe transfer shall, for the purposes ofsection 48, be
deemed to be the full value ofthe consideration.".
21. ln section 54EC ofthe Income-taxAcl, with effect from the lst day ofApril, 2019,-
(a) in sub-section (/), after the words "long-term capital asset", the words
", being land or building or both," shall be inserted;
(b) in sub-section (2), before the Explanation, the following proviso shall be
insened. namely:-
'Provided that in case of long-term specified asset refened to in sub-
clause (ri) of clause (Dc) of the Explanation occuning after sub-section (J),
this sub-section shall have effect as if for the words "three years", the words
"five years" had been subslituled.';
(c) in the Explanation occurring after sub-section (3), for clause (6a), the
following clause shall be substituted, namely:-
'(ba) "long-term specified asset" for making any investment under this
section,-
(r) on or after the lst day ofApril, 2007 but before the lst day of
April, 2018, means any bond, redeemable after three years and issued on
or after the I st day ofApril, 2007 but before the I st day ofApril' 2018;
(ir) on or after the I st day ofAPril, 2018, means any bond, redeemable
after five years and issued on or after the lst day ofApril, 2018,
by the NationalHighways Authority oflndia constituted undersection 3 ofthe National
Highways Authority of India Act, 1988 or by the Rural Electrification Corporation
Limited, a company formed and registered under the Companies Act, 1956 or any
other bond notified in the Official Gazette by the Central Government in this behalf.'.
22. In section 55 of the Income-tax Act, in sub-section (2), after clause (aD), the
following clause shall be insened, namely:-
'(ac) subject to the provisions of sub-clauses (,) and (ir) ofclause (6), in relation
to a long-term capital asset, being an equity share in a company or a unit ofan equity
oriented fund or a unit ofa business trust referred to in section I l24, acquired before
the lst day ofFebruary, 2018, shall be higher of-
(i) the cost of acquisition of such asset; and
Amendment
of section 48.
Amendment
of section 49.
of setion 50C
Amendment
of section
54EC.
Amendment
of section 55-
424 (22!.
y+€rrE 1rqq", fu6 l4W 2ol8
(li) lower of-
(l) the fair market value ofsuch asset; and
(B) the full value ofconsideration received or accruing as a repult of
the transfer ofthe capital asset.
Explqnqlion.-For the purposes of this clause,-
(a) "fair market value" means,-
(l) in a case where the capital asset is listed on any recognised stock
exchange as on the 3lst day of January 2018, the highest price ofthe
capital asset quoted on such exchange on the said date:
Provided that where there is no trading in such asset on such
exchange on the 3 Ist day ofJanuary, 2018, the highest price ofsuch asset
on such exchange on a date immediately preceding the 3 I st day ofJanuary,
2018 when such asset wds traded on such exchange shall be the fair
market value;
(il) in a case where the capital asset is a unit which is not listed on a
recognised stock exchange as on the 3lst day ofJanuary 2018, the net
asset value of such unit as on the said date;
(iii) in a case where the capital asset is an equity share in a company
which is-
(,4) not listed on a recognised stock exchange as on the
3lst day ofJanuary 2018 but listed on such exchange on the date of
transfer:
(B) listed on a recognised stock exchange on the date oftransfer
and which became the property ofthe aisessee in consideration of
share which is not listed on such exchange as on the 3lst day of
January, 201 8 by way oftransaction not regarded as transfer under
section 47,
an amount which bears to the cost ofacquisition the same proportion as
'
Cost lnflation Index for the financial year 2017-2018 bears to the Cost
lnflation Index for the firstyear in which the asset was held bythe assessee
or for the year beginning on the first day ofApril,2001, whichever is later;
(b) "Cost lnflarion lndex" shall have the meaning assigned to it in clause
(v) of the Explqnalio, to section 48;
(c) "recognised stock exchange" shall have the meaning assigned to it in
clause (ii) of Explanarlor I to clause (J) ofsection 43,'.
Amcndlncnr 23. ln section 56 ofthe Income-tax Act, in sub-section (?),-
ol secrion 56.
(,4) in clause (x),_
(0 in sub-clause (6), for item (8), the following item shall be substituted
with effect from the lst day ofApril,20l9, namely:-
"(B) for a consideration, the stamp duty value of such property as
exceeds such consideration, ifthe amount ofsuch excess is more than the
higher ofthe following amounts. namely:-
(i) the amount of fifty thousand rupees; and
(ii) the amount equal to five per cent. ofthe consideration:";
(i4 in the founh proviso, in clause (/X), after the words, brackets and
figure "clause (r) oC', the words, brackets and figures "clause (rv) or clause (v)
or" shall be inserted;
(B) after clause (r), the following clause shall be insened with effect from thb
lst day ofApril,20l9, namely:-
"(rr) any compensation or othetpayment, due to orreceived by any person,
by whatever name called, in connection with the termination ofhis employmenl
or the mbdification ofthe terms and conditions relating thereto.".
uderrq {rn({, ftria rnqr zolr
424 (23)
7 ol 20l7.
il ol'2016.
24. ln section 79 ofthe Income-tax Act [as substiruted by section 32 ofthe Finance
Act, 2017]. after the second proviso, the following proviso shall be insened, namely:_
"Provided also that nothing contained in this section shall apply to a company
where a change in the shareholding takes place in a previous year pursuant to a
resolution plan approved under the lnsolvency and Bankruptcy Code; 2016. after
affording a reasonable opportunity of being heard to the jurisdictional principal
Commissioner or Commissioner.".
25. For section 8oAC ofthe Income-tax Act, the following section shall be substitured,
narnell:-
'80AC. Where in computing the total income of an assessee of any previous
year relevant to the assessment year commencing on or after-
(r) the lst day ofApril,2006 but before the lst day ofApril, 2018, any
deduction is admissible under section 80-lA or section 80-lAB or section g0-lB
or section 80-lC or section 80lD or section 80-lE;
(ii) the lst day of April, 2018, any deduction is admissible under any
provision of this Chapter under the heading "C.-Deductions in respect ol
certqin incomes",
no such deduction shall be allowed to him unless he furnishes a retum of his income for
such assessment year on or before the due date specified under sub-section (.1) of
section 139.'.
26. ln section 80D ofthe Income-tax Act, wilh effect from lhe I st day ofApril, 2019,-
(.J ) in sub-secrion (2).-
(l) for the words "thirty thousand rupees" wherever they occur, the words
-fift1 thousand rupees" shall be substiruted:
(ll) in the first proviso occurring after clause (d), the word "very" shall be
om itred:
(B) in sub-section (.1),-
(l) for the words "thirty thousand rupees" al both the places where they
occur, the words "fifty thousand rupees" shall be substituted;
(l/) the word "very" shall be omined;
(C) in sub-section (J),-
(l) the words "or a very senior citizen" shall be omitted;
(ii) for the words "thirty thousand rupees", the words "fifty thousand
rupees" shall be substituted;
(D) after sub-section (4), the following sub-section shall be inserted, namely:-
'(7,4) Where the amount specified in clause (a) or clause (b) of
sub-section (2) orclause (a) ofsub-secrion (-i) is paid in lump sum in the previous
year to effect or to keep in force an insurance on the health of any person
specified therein for more than a year, then, subject to the provisions of this
section, there shall be allowed for each ofthe relevant previous year, a deduction
equal to the appropriate fraction ofthe amount.
Explanqtion.-Fot the purposes of this sub-section,-
(i) 'lappropriate fraction" means the fraction, the numerator ofwhich
is one and the denominator ofwhich is the total number ofrelevanl previous
yearsl
(il) "relevant previous year" means the previous year beginning
with the previous year in which such amount is paid and the subsequent
previous year or years during which the insurance shall have effecf or be
in force.';
of seclioll 79.
Amendmgnt of
section 80D
Substirurion oI
new seqion tbr
section 8oAC.
Deduction not
to be allorYed
unless return
llrnashed.
424 (241
B+€Ird {rqqa, Eri* rlEr zors
Amendment
of seclion
8ODDB.
A mendment
of section
80- rAC.
Amen dment
ol section
SOJIAA
(E) in the Explanation occurring after sub-section (J), clause (ir) shall be omined.
27. In section 80DDB ofthe lncome-tax Act, with effect from the lst dav of
April,2019,-
(a) in the third proviso, for the words "sixty thousand rupees',, the words,.one
hundred thousand rupees" shall be substitutedi
(6) the founh proviso shall be omitted;
(c) in the Explanatior, clause (v) shall be omitted.
28. In section 80lAC ofthe lncome-tax Act,inthe Explanation below sub.section (-l),-
(a) for clause (i), the following clause shall be substituted, namely:-
'(l) "eligible business" means a business carried out by an eligible start up
engaged in innovation, development or improvement ofproducts or processes
or services or a scalable business model with a high potential of employmenr
generation or wealth creationi'i
(b) in clause (ii),-
(r) in sub-clause (a), for the figures "20l9", the figures "202l" shall be
substituted:
(ii) in sub-clause (b), for the words, figures and letters "in any of the
previous years beginn ing on or after the I st day ofApril, 2016 and ending on the
3l st day of March, 2021'', the words, brackets and figure "in the previous year
relevant to the assessment year for which deduction under sub-section (,1) is
claimed" shall be substituted.
29. ln section 8oJJAA of the Income-tax Act, in the Explanation occurring after
sub-section (2), in clause (ir), with effect from the lst day ofApril, 2019,-
(a) in the proviso, after the words "manufacturing of apparel", the words "or
footwear or leather products" shall be inserted;
(b) afterthe proviso, the following proviso shall be inserted, namely:-
"Provided further that where an employee is employed during the previous
year for a period of less than two hundred and forty days or one hundred and
fifty days, as the case may be, but is employed for a period of rwo hundred and
forty days or one hundred and fifty days, as the case may be, in the immediately
succeeding year, he shall be deemed to have been employed in the succeeding
year and the provisions ofthis section shall apply accordinglyi'.
30. After section 80P ofthe lncome-tax Act, the following section shall be inserted with
effect from the I st day ofApril, 2019, namely:-
'80PA. (/) Where the gross total income of an assessie, being a Producer
Company having a total tumover ofless than one hundred crore rupees in any previous
yeaq includes any profits and gains derived from eligible business, there shall, in
accordance with aid subject to the proyisions ofthis section, be allowed, in computing
the total income of the assessee, a deduction of an amount equal to one hundred
per cent. of the profits and gains attributable to such business for the previous year
releyant to an assessment year commencing on or after the I st day ofApril,20l9, but
before the I st day ofApril, 2025.
(2) In a case where the assessee is entitled also to deduction under any other
provision of this Chapt€r, the deduclion under this section shall be allowed with
reference to the income, ifany, as refened to in this section included in the gross total
income as reduced by the deductions under such other provision of this Chapter.
Explanqtion.-por lhe purposes of this section,-
(i) "eligible business" means-
(a) the markeiing ofagricgltural produce grown by the members; or
lnserlion ol'
S()PA
Deduction in
respect of
certain income
of Producer
Companies.
L
BdqrG{sqe, ftri* uqr zorr
424 (25\
I ol l956.
I ol l956.
l0 o1 19.19.
6 ol 1898.
'
(b) the purchase ofagricultural implements, seeds, livestock orother
. articles intended for agriculture for the purpose ofsupplying them to the
members;or
(c) the processing ofthe agricultural produce ofthe members;
'
(1i) "member" shall have the meaning assigned to it in clause (d) of
seclion 581A ofthe CompaniesAct, 1956;
(iii) "Producer Company" shall have lhe meaning assigned to it in
clause (/) ofsection 581A ofthe Companies Act, 1956.'.
31. In seclion 80TTA ofthe lncome-taxAct, in sub-section (,I), in the open ing portion,
after the word "assessee", the brackets, words, figures and letters "(other than the assessee
referred to in section 80TTB)" shall be inserted with eflect from the I st day ofApril, 2019.
32. Atier section 80TTA ofthe lncome-taxAct, the following section shall be inserted
with etlect fiom the I st day ofApril,20l9, namely:-
'80TTB. ( /) Where the gross tolal income ofan assessee, being a senior cilizen,
includes any income by way of interest on deposits with-
(() a banking companyto whichthe Banking RegulationAct, 1949, applies
(including any bank or banking institution referred to in section 5 I ofthat Act);
(b) a co-operative society engag€d in carrying on lhe business ofbanking
(including a co-operative land mortgage bank or a co-operatiYe land deYelopment
bank)t or
(c) a Post Ofnce as defined in clause (t) of section 2 of the lndian Post
OffiieAct, 1898,
there shall, in accordance with and subject to the provisions ofthis section, be allowed,
in computing the total income ofthe assessee, a deduction-
(r) in a case where the amount of such income does not exceed in the
aggregate fifty thousand rupees, the whole of such amount; and
(li) in any other case, fifty thousand rupees.
(2) Where the income refened.to in sub-section (/) is derived fiom any deposit
held by, or on behalfof, a firm, an association ofpersons or a body ofindividuals, no
deduction shall be allowed under this section in respect ofsuch income in computing
the total income ofany partner ofthe firm or any member ofthe association or any
individual ofthe body.
Explanation.-Ior the purposes of this section, "senior citizen" means an
individual resident in India who is ofthe age ofsixty years or more at any time during
the relevant previous year.'.
33. After section I I2 ofthe tncome-taxAct, the following section shall be inserted with
effect from the I st day ofApril,20l9, namely:-
' I l2A. (/) Notwithstanding anything contained in section I 12, the tax payable
by an assessee on his total income shall be determined in accordance with the provisions
ofsub-section (2), iF
(r) the total income includesany income chargeable underthe head "Capital
gains";
(ii) the capital gains arise liom the transfer of a long-term capital asset
being an equity share in a company or d unit ofan equity oriented fund or a unit
of a business trust;
(lli) securities transaction tax under Chapter VII of the Finance (No.2)
Act, 2004 has.-
(a) in a case where the long-term caPital asset is in thenature ofan
equity share in a company, been paid on acquisition and transfer ofsuch
capital asset; or
Amendment
of section
8 OTTA.
lnsertion of
8OTTB,
Deduction in
respect of
rnlercst on
deposits in
case of senior
citizens.
Inserlion of
new section
I t2A.
Tax on long-
term capital
gains in
certain cases.
2i o12004.
424 (261
BRft€rE trdqe, frqi+ rlqr zore
(b) in a case where the long-term capital asset is in the nature ofa
unit ofan equity oriented fund or a unit ofa business trust, been paid on
transfer of such capital asset.
(?) The tax payable by the assessee on the total income referred to in
sub-section (/) shall be the aggregate of--
(l) the amount of income-tax calculated on such long-tenn capital gains
exceeding one lakh rupees at the rate of ten per cent.; and
(,i) the amount of income-tax payable on the total income as reduced by
the amount oflong-term capital gains referred to in sub-section ( /) as ifthe total
income so reduced were the total income ofthe assessee:
Provided that in the case ofan individual or a Hindu undivided family, being a
resident, where the total income as reduced by such long-term capital gains is below
the maximum amount which is not chargeable to income-tax, then, the long-term capital
gains, for the purposes ofclause (l), shall be reduced by the amount by which the total
income as so reduced falls short ofthe maximum amount which is not chargeable to
income-tax.
(.r) The condition specified in clause (iii) ofsub-section (,1) shall not apply to a
transfer undertaken on a recognised stock exchange located in any International
Financial Services Centre and where the consideration for such transfer is received or
receivable in foreign currency.
(-l) The Central Covernment may, by notification in the OflicialCazette, specify
the nature ofacquisition in respect of which the provisions of sub-clause (a) of
clause (lll) of sub-section ( /) shall not apply.
(5) Where the gross total income ofan assessee includes any long-term capilal
gains referred to in sub-section ( /), the deduction under Chapter VI-A shall be allowed
from the gross total income as reduced by such capital gains.
(6) Where the total income of an assessee includes any long-term capiral gains
ret'erred to in sub-section (/), the rebate under section 87A shall be allowed from the
income-tax on the total income as reduced by tax payable on such capital gains.
Explo nat ion.-For the purposes of this section,-
(a) "equity oriented fund" means a fund set up under a scheme ofa mutual
lirnd specified under clause (23D) ofsection l0 and,-
(D in a case where the fund invests in the units of another fund
which is traded on a recognised stock exchange,-
(l) a minimum ofninety per cent. ofthe total proceeds ofsuch
fund is invested in the units ofsuch other fundt and
(B) such other fund also invests a minimum ofninety per cent.
of its total proceeds in the equity shares of domestic companies
listed on a recognised stock exchange; and
(il) in any other case, a minimum ofsixty-five per cent. ofthe total
proceeds of such fund is invested in the equity shares of domestic
companies listed on a recognised stock exchange:
Provided that the percentage ofequity shareholding or unit held in respect
ofthe fund. as the case may be, shall be computed with reference to the annual
average of the monthly averages of the opening and closing figures;
(b) "lntemational Financial Services Cenre" shallhave the meaning assigned
to it in clause (g) ofsection 2 ofthe Special Economic ZonesAct, 2005:
28 oi 2005
(c) "recognised stock exchange" shall have the meaning assigned to il in
claul€ (ii) of Explanclion I to clause (5) ofsection 43.'.
yffisrrd rrdrd, ftrim uEr rorr
424 (271
34. In section I l5AD ofthe lncome-tax Act, in sub-section (/), with effect from the
I st day of April, 2019,-
(.r) in clause (iii), the word "and" occurring at the end shall be omitted;
(b) after clause (iir), the following proviso shall be inserted, namely:-
"Provided lhat in case of income arising from the transfer ofa long+erm
capital asset refered to in section I l2,{, income-tax at the rate often per cenl.
shall be calculated on such income exceeding one Iakh rupees; and".
35. In section I I 5 BA of the Income-tax Act, in sub-section ( /), for the words. figures
and letter "proyisions of section I I I A and section I 12". the words "other provisions ofthis
Chapter" shall be substituted and shall be deemed to have been substituted with effect from
the lst day ofApril,20l7.
36. In section I I 5BBE ofthe Income-tax Act, in sub-section (2), after the word, brackets
and letter "clause (rD", the words, bmckets and letter "and clause (b)" shall be inserted and
shall be deemed to have been insened with effect flom the I st day ofApril, 20 l7.
37. In section I I 5JB ofthe lncome-tax Act,-
(u) rn Explanation l,-
(,4 ) after clause (lig), the following clause shall be inserted, namely:-
'(lir) the aggregatd amount of unabsorbed depreciation and loss
brought forward in case of a company against whom an application for
corporate insolvency resolution process has been admitted by the
, Adj udicating Authority under section 7 or section 9 or section I 0 of the
Insolvency and Bankruptcy Code, 2016.
Explanalion.-For the purposes of this clause, the expression
' "Adiudicating Authority" shall have the meaning assigned to it in
clause (,1) ofsection 5 ofthe lnsolvency and Bankuptcy Code, 2016 and
the loss shall not include depreciation; or';
(B) in clause (iii), after the words "books ofaccount", the words. brackels,
.
ligures and letter "in case ofa company other than the company refered to in
clause (irh)" shall be inserted;
(b) aft,er Explanation 4, the following Explanation shallbe insened and shall be
deemed to have been inserted with effect fiom the lst day ofApril, 2001. namely:-
"Explanalion 4A.-For the removal ofdoubts, it is hereby clarified that
the provisions ofthis seclion shall not be applicable and shall be deemed never
ro have been applicable to an assessee, being a foreign company, where its total
income comprises solely of profits and gains from business referred to in
section 448 or section 44BB or section 44BBA or section 44BBB and such
income has been offered to tax at the rates specified in those sections.".
38. ln section ll5JC of the lncome-tax Act, after sub-section (3), the following
sub-section shall be inserted with effect from the lst day ofAPril, 2019, namely:-
'(4) Notlvithstanding anything contained in sub-section (/), where the person
refered to therein, is a unit localed in an lntemational Financial Services Centre and
derives its income solely in convertible foreign exchange, the provisions of
sub-section (1) shall have effect as if for the words "eighteen and one-halfper cent ".
the words "nine per cent." had been substituled.'.
39. ln section ll5JF of the Income-tax Act, with effect from the lsl day of
April,20l9.
(l) for clause (6), the following clause shall be substituted, namely:-
'(b) "altemate minimum tax" means the amount oftax computedon adjusted
total income,-
Amendment
I tsAt)
Amendment
of seclion
I I5BA,
Amendment
of section
I I5BBE,
Amendment
of section
I I5JB,
3l ol 2016.
llol 20l6
Amendment of
secrion I l5JC.
AmeodmeDt of
section I l5JF
424 (28')
EdqJrq {MTd, fr{isi l4W 2ol8
(r) in case ofan assessee being a unit referred to in sub-section (4)
ofsection t t5JC, at a rate ofnine per cent.;
(i,) in any other case, at a rate of eighteen and one-halfper cenl.;';
(ir) after clause (6), the following clauses shall be inserted, namely:-
'(ba) "convenible foreign exchange" means a foreign exchange which is
for the time being tr€ated by the Reserve Bank oflndia as convertibl€ foreign
exchange for the purpose ofthe Foreign Exchange ManagementAct, l999and 42or t999.
the rules made thereunder;
(bb) "lnternational Financial Services Centre" shall have the meaning
assigned to it in clause (q) of section 2 of the Special Economic Zones
Act,2005;';
28 ol 2oos'
(ii) after clause (d1, the following clause shall be inserted, namely:-
'(e) "unit" means a unit established in an International Financial Services
.
Cenre.'.
Amendmenr 40. In section I l5-O ofthe tncome-taxAct,-
ol section
il$-'
(a) in sub-section (,1), the following proviso shall be inserted, namely:-
"Provided that in respect of dividend referred to in sub-clause (e) of
clause (22) of section 2, this sub-section shall have effect as if for the words
"fifteen per cent.", the words "Ihirty per cent." had been substituted;';
(b) in sub-section (/8), the following Proviso shall be insened, namely:-
"Provided that this sub-section shall not apply in respect of dividend
referred to in sub-clause (e) ofclause (22) ofsection 2."
omission of
41. After section I l5Q ofthe Income-tax Act, the Explanarion shall be omitted.
occurring afler
section I I iQ.
Amendment 42.In section I l5 R ofthe Income-tax Act, in sub-section (2),-
ol'section
;i;i:"-'
lA) for clause (r) to clause (iir, the following clauses shall be substituted,
'
namelY:-
"(i) twenty-five Per cent. on income distributed to any person being an
individualora Hindu undivided familybyamoney market mutualfund or a liquid
fund;
(i,) thirty per cent. on income distributed to any other person by a money
markel mutual fund or a liquid fund;
(iii) ten percent. on income distributed to any person by an equiry oriented
lund;
(rv) twenty-five per oent. on income distributed to any person being an
individual 9r a Hindu undivided family by a fund other than a money market
mutual fund or a liquid fund or an equity oriented fund; and
i
(v) thirty per cent. on income distributed to any other person by a fund
other than a money market mutual fund or a liquid fund or an equify oriented
fund:";
(B) in the second proviso, clause (6) shall.be omitted.
Amendmenr 43. In the Explanation occurring after section ll5T ofthe Income-Iax Act, for
of seclion clause (6), the following clause shall be substituted, namely:-
I l5T.
'(b) "equity oriented fund" means a fund referred lo in clause (a) 9f the
Etplqndtion lo section I l2A and the Unit Scheme, 1964 made by the Unit-Trust of
lndial'.
ydaq {Brd, ftcis uqruora
424 (2e)
ll i)1 2016.
ll ol2016
44. ln section l39Aofthe Income-tax Act,-
(,4) in sub-section (/),-
(a) in clause (lv), the word "or" shall be insened at the end;
(b) after clause (rv), the following clauses shall be inserled, namely:-
"(v) being a resident, other than an individual,.which enters into a
financial transaction ofan amount aggregating to two lakh fifty thousand
rupees or more in a financial Year; or
(vr) who is the managing director, director, partner, trustee, author,
founder,larla, chiefexecutive olficer, principalofficer or office bearer of
the person refened to in clause (v) or any person competent to act on
behalfofthe person refened to in clause (v),";
(B) in the Erptanalion occurring after sub'section (8), in clause (c), the words
"and issued in the iorm ofa laminated card" shall be omitted.
45. ln section l40ofthe Income+ax Act, in clause (c), in the second proviso,-
(,4) in clause (6), after the words "principal omcer thereof;" occurring at the
end. the word "or" shall be insened;
(B) after clause (b), the following shall be insened, namely:-
'(c) where in respect ofa company, an application for corporate insolvency
resolulion process has been admitted by the Adjudicating Authority under
section 7 or section 9 or section l0 ofthe lnsolvency and Bankruptcy
Code, 2016, the retum shall be verified by the insolvency professioml appointed
by such Adjudicating AuthoritY.
Explanalion.--For the purposes of this clause the expressions
"insolvency professional" and "Adjudicating Authority" shall have the
respeclive meanings assigned to them in clause (/8) ofsection 3 and clause (/)
ofsection 5 ofthe lnsolvency and Bankruptcy Code, 2016;'.
46. ln section 143 ofthe lncome-tax Act,-
(a) in sub-section (/), in clause (a), after the second proviso, the following
proviso shall be insened, namelY:-
"Provided also that no aqjustrnent shall be made under sub-clause (vi) in
relation to a retum furnished for the assessment year commencing on or after
the lst day ofApril,20l8;";
(b) after sub-section (.3), the following sub-sections shall be inserted, namely:-
"(-rl) The Central Covemment may makea scheme, by notification in the
Official Cazette, for the purposes ofmaking assessment oftotal income or loss
of the assessee under sub-section (3) so as to impan greater e{ficiency'
transparency and accountability by-
.
(a) eliminating the interface between the Assessing Ofiicer and the
assessee in lhe course of proceedings to th€ extent technologically
feasible;
(b) optimising utilisation of the resources through economies of
scale and functional specialisation;
(c) introducing a team-based assessment with dynamic jurisdiction'
(JB) The Cenlral Govemment may, for the purpose ofgiving effect to the
scheme made under sub'section (-r,4), by notification in the Official Cazette'
direct that any of the provisions of this Act retating to assessment of total
income or lossshallnot applyor shall apply with such excePtions, modifications
and adaptations as may be specified in the notification:
Proyided that no direction shall be issued after the 3 I st day ofMaroh, 2020'
Amendment of
section 139A.
Amendment of
section 140.
Amendmenl of
section 143
424 (30)
Effis{E {Mq-d, fr{isi 14W 2or8
Substil$tion ol'
l4iA and
l.liU lor
sccrion 145A.
Merhod of
accoun0lr8 in
(3Q Every notification issued under sub-section (-il) and sub-section (.lB)
shall, as soon as may be after the notification is issued, be laid before each
House ofParliament.'.
47. For section l45A ofthe I ncome-tax Act, the following sections shall be substituted
and shall be deemed to have been substituted with effect from the lst day ofApril,20l7,
namely:
'145A. For the purpose of determining the income chargeable under the head
*Profits and gains of business or profession",-
(i) the valuation of inventory shall be made at lower ofactual cost or net
realisable value computed in accordance with the income computation and
disclosure standards notified under sub-section (2) of section 145;
(li) the valuation ofpurchase and sale ofgoods or services and ofinventory
shall be adjusted to include the amount ofany tax, duty, cess or fee (by whatever
name called) actually paid or incuned by the assessee to bring the goods or
services to the place of its location and condition as on the date of valuationl
(iii) the inventory being securities not listed on a recognised stock
exchange, or lisled but notquoted on a recognised stock exchange with regularity
fiom time to time, shall be valued at actual cost initially recognised in accordance
with the income computation and disclosure standards notified under
sub-section (2) ofsection 145;
(lv) the inventory being securities other than those referred to in
clause (iii), shall be valued at lower of actual cost or net iealisable value in
accordance with the income computation and disclosure standards notified under
sub-section (2) ofsection 145:
Provided that the inventory being securities held by a scheduled bank or
public financial institution shall be valued in accordance with the income
computation and disclosure standards notified under sub'section (2) of
section 145 after laking into account the extant guidelines issued by the Reserve
Bank oflndia in this regard:
Provided further that the comparison of actual cost and net realisable
value ofsecurities shall be made category'wise.
Explanalion t.-For the purposes of this section, any tax, duty, cess or
fee (by whatever name called) under any law for the time being in force, shall
include all such payment notwithstanding any right arising as a consequence to
such Payment.
Explanation 2.-For the Purposes of this section,-
(a) "public financial institution" shall have the meaning assigned to
it in clause ( 72) of section 2 oflhe Companies Act, 201 3;
I8 ol'2013
(b) "recognised stock exchange" shall have the meaning assigned
.
to it in clause (ii) ofErplanqtion I to clause (J) ofsection 43;
(c) "scheduled bank" shall have the meaning assigned to it in
clause (ir) ofthe Erp lqndt ion lo clau'se (viia) ofsub-section (/) ofsection 36.
1458. (/) Notlvithstanding anything to the gontrary contained in section 145,
the interest received by an assessee on any compensation or on enhanced
compensation, as lhe case may be, shall be deemed to be the income ofthe previous
year in which it is received.
(2) Any claim for escalalion ofprice in a contract or export incentives shall be
deemed to be the income of the previous year in which reasonable certainty of its
realisation is achieved.
'la,\ability of
ce atn
inoome.
B*srrq rlq[d, fci$ uq{ zora
424 (3tl
(3) The income referred to in sub-clause (rvlu) ofclause(24) ofsection2 shall
be deemed to be the income ofthe previous year in which it is received, ifnot charged
to income-tax in any earlier previous year.,..
48. ln section 193 ofthe Income-taxAct, in the proviso, in clause (iv), in the proviso,
aflerthe figures, words and brackels "8% Savings (Taxable) Bonds,2003',, the words, figures
and brackets "or 7.75% Savings (Taxable) Bonds, 2018" shall be inserted.
49. In section l94A ofthe Income-tax Act, in sub-section (J), in clause (r), after the
second proviso, the following shall be inserted, namdly:-
'Provided also that in case of payee being a senior citizen, the provisions of
sub-clause (a), sub-clause (6), and sub-clause (c) shall have effect as if for the lvords
"ten thousand rupees", the words "fifty thousand rupees,' had been substituted.
Explanolion.-For the purposes of this clause, .,senior citizen,, means an
individual resident in lndia who is ofthe age ofsixty years or more at any time during
lhe relevant previous year;'.
50. In section 245-O oftle Income=laxAct,-
(i) in sub-section (/), the following proviso shall be insened, namely:-
"Provided that theAuthority shall cease to act as an Aothority forAdvance
Rulings for the purposes ofChapter V ofthe Customs Act, 1962 on and from the
date of appointment of the Customs Authority for Advance Rulings under
section 28EA ofthat Act.";
(ii) after sub-section (1), the following sub-section shall be inserted, namely:-
"(,U) On and ftom the date of appointment of the Customs Authority for
Advance Rulings referred to in the proviso to sub-section (/), the Authority
shall act as an Appellate Authority, for the purpose ofChapter V ofthe Customs
Act,1962
Provided that the;uthority shall nor admit any appeal against any ruling
or order passed earlier by it in the capacity ofthe Authority for Adyanc€ Rulings
in relation to any mafter under Chapter V ofthe Customs Act, 1962 afier the date
of such appointment ofthe Customs Authority for Advance Rulings.";
(ilr) after sub-section (7), the following proviso shall be inserted, namely:-
"Provided that where theAuthority is dealing with an application seeking
advance ruling in any matter relatinB to this Act, the revenue Member of the
Bench shall be such Member as refened to in sub-clause (i) of clause (c) of
sub-section (3).".
51. In section 245Q ofthe lncome-tax Act, in suLsection (,1), the words, letter and
figures "or under Chapter V ofthe Customs Act, 1962" shall be omitted with effect ftom the
date of appointment ofthe Customs Authority for Advance Rulings under section 28EA of
the CustomsAct, 1962.
52. In sectiori 253 ofthe Income-tax Act, in sub-section (/), in clause (a), after the
word, figures and letter "section 271A", the word, figures and letter ", section 271J" shall be
insened.
53. In section 271FA ofthe lncome-taxAct,-
(a) for the words "one hundred rupees", the words "five hundred rupees" shall
be substituted;
(6) for the words "five hundred rupees", the words "ooe thousand rupees" shall
be substituled.
54. In section 276CC ofthe I ncome-tax Act, in the proviso, in clause (u), in subclause (b),
for the words "lax payable by him", the words'tax payable by such person, not being a
company," shall be substituted
Amendment
of section
t 93.
Amendment
of section
194A.
52 of 1962
52 oi 1962.
52 of 1962.
Amendment
of sectron
245-O
Amendment
of section
216CC.
52 of I962
Amendment
of section
245Q.
Amendment
of s€ction
253.
Amendment
of section
27 tFA.
424 (321
udqrE {qqd, t-ai+ tlc(r zotr
Amendnrcnl
2E6
55. ln section 286 ofthe Income-tax Act.-
(.r) in sub-section (2), for the words, brackets and figures "on or before the due
date specified under sub-section ( / ) ofsection I 3 9, for fumishing the return of inconre
for the releyant accounting year". the words "\,vithin a period oftwelve months from
the end ofthe said reporting accounting year" shall be substituted and shall be deemed
to have been substituted with effect from the lst day ofApril, 20171
(b) in sub-section (3), after the word, brackets and figure "sub-section (?)", the
words, brackets and figure "and sub-section (y')" shall be inserted and shall be deemed
to have been inserted with effect fi'om the lst day ofApril, 2017;
(c) in sub-section (4),-
(i) after the words "repilrting accounting year", the words'within the
period as may be prescribed" shall be inserted and shall be deemed to have been
insened with effect from the lst day ofApril, 2017;
(ii) clause (a) shall be relettered as clause (aa) thereof and before
clause (aa) as so relettered, the following clause shall be inserted and shall be
deemed to have been insened with effec, from the lst day ofAptil, 2017, namely:-
"(a) where the parent entity is not obligated to file the repoI.t ofthe
nature referred to in sub-section (2):";
(/) in sub-section (i),-
(l) in the opening portion, for the words "in the said sub-section". the
words "by that country or territory" shall be substituted and shall be deemed to
have been substituted with eft'ect from the Ist day ofApril, 201 7;
(ll) in clause ("), for the word "entities", the word "entity" shall be
substituted and shall be deemed to have been substituted with etlect from the
I st day ofApril, 2017:
(e) in sub-section (9),-
(l) for clause (b), the following clause shall be substituted and shall be
deemed to have been substituted with effect from the lst day of April' 2017,
namely:-
'(6) "agreement" means a combination of all of the following
agreements, namelY:-
(r) an agreemcnt entered into under sub-section (/) ofsection 90
or sub-section (/) ofsection 90A; and
(ii) an agreement for exchange ofthe report referred to in
sub-section (2) and notified by the Cenlral Government:';
(B) in clause (d), in sub-clause (iii)' for the words' brackets and figures
"clause (i) or clause (ii)", the words, brackets and figures "sub-clause (l) or
sub-clause (li)" shall be substituted and shall be deemed to have been
substituted with effect from the lst day ofApril. 2017;
(C) in clause (r), in the long line, for the words, brackets and figures
"clause (r) or clause (li)", the words, brdckets and figures "sub-clause (l) or
sub-clause (il)" shall be substituted and shall be deemed to have been
substituted with effect liom the I st day ofApril, 2017;
(D) in clause (r), for the word, brackets and figure "sub-section (2)"' the
words, brackets and figures "sub-sections (2) and (4)" shall be substituted and
shall be deemed to have been substituted with effect from the lst day of
April,20l7.