Panaji, 26th April, 2018 (Vaisakha 6, 1940)

SERIES I No. 4

Reg. No. G-2/RNP/GOA/32/2018-20

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

GOVERNMENT OF GOA

Department of Civil Aviation

Directorate of Civil Aviation

___

Corrigendum

DOCA/EST/01/Creation/2015-16/64

Read: Order No. DOCA/EST/01/Creation/2015-16 dated 25-7-2016.

In the above referred order the nomenclature of the post “Technical Officer” stands changed

to “Civil Aviation Officer”.

This issues with administrative approval of the Government vide U.O. No. 3653/F dated

19-4-2018.

By order and in the name of the Governor of Goa.

Dr. S. Shanbhogue, Director & ex officio Jt. Secretary (Civil Aviation).

Porvorim, 24th April, 2018.

Department

Notification/Ord./Corri.

Subject

Pages

1. Civil Aviation

Corri.- DOCA/EST/01

Correction of order dated 25-7-2016.

183

Dir. & ex officio Jt. Secretary

Creation/2015-16/64

2. Civil Supplies and

Not.- DCS/S/Ker/PF/

Revised fixation of Superior Kerosene Oil.

184

Consumer Affairs

/2018-19/45

Dir. & ex officio Jt. Secretary

3. Law & Judiciary

Not.- 10/4/2016-LA

The Finance Act, 2016.

185

Under Secretary

4. Revenue

Ord.- 14/59/2017-RD/761

Rate of Fees for services provided through CSC.

380

Under Secretary

INDEX

183

Suggestions are welcomed on e-mail: dir–[email protected]

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 4

26TH APRIL, 2018

184

Department of Civil Supplies and

Consumer Affairs

___

Notification

DCS/S/Ker/PF/2018-19/45

In pursuance of clause 3 read with sub-clause (d)(i) of clause 2 of Kerosene Fixation of

Ceiling Price Order (1993), the Government of Goa hereby directs that maximum wholesale

& retail price for domestic purpose of Superior Kerosene Oil stands revised as under with effect

from 16-4-2018. This Notification supersedes earlier Notification No. DCS/S/KER/PF/2017-18/

/601 dated 20-03-2018.

Sr.

Taluka

Wholesale Price

Wholesale Price

Retail Price

Retail Price

No.

per kilo litre

per kilo litre

per litre

per litre

including GST

including GST

including GST

including GST

& Green Cess

& Green Cess

& Green Cess

& Green Cess

Existing

Revised

Existing

Revised

1

2

3

4

5

6

1.

Tiswadi

Rs. 24333.38

Rs. 24752.42

Rs. 27.00

Rs. 27.50

Chorao

Rs. 24364.88

Rs. 24783.92

Rs. 27.00

Rs. 27.50

Diwar

Rs. 24364.88

Rs. 24783.92

Rs. 27.00

Rs. 27.50

2.

Salcete

Rs. 23841.01

Rs. 24260.05

Rs. 26.50

Rs. 27.00

3.

Bardez

Rs. 24488.86

Rs. 24907.90

Rs. 27.25

Rs. 27.75

Corjuvem

Rs. 24488.86

Rs. 24907.90

Rs. 27.25

Rs. 27.75

4.

Mormugao

Rs. 23653.14

Rs. 24072.18

Rs. 26.25

Rs. 26.75

5.

Ponda

Rs. 23944.67

Rs. 24363.71

Rs. 26.50

Rs. 27.00

6.

Quepem

Rs. 24093.67

Rs. 24512.71

Rs. 26.75

Rs. 27.25

7.

Bicholim

Rs. 24501.82

Rs. 24920.86

Rs. 27.25

Rs. 27.75

8.

Pernem

Rs. 24793.35

Rs. 25212.39

Rs. 27.50

Rs. 28.00

9.

Canacona

Rs. 24391.69

Rs. 24810.73

Rs. 27.00

Rs. 27.50

10.

Sanguem

Rs. 24236.20

Rs. 24655.24

Rs. 27.00

Rs. 27.50

11.

Satari

Rs. 24391.69

Rs. 24810.73

Rs. 27.00

Rs. 27.50

12.

Dharbandora

Rs. 24236.20

Rs. 24655.24

Rs. 27.00

Rs. 27.50

By order and in the name of the Governor of Goa.

Mahesh V. Corjuenkar, Director & ex officio Jt. Secretary (Civil Supplies & Consumer Affairs).

Panaji, 19th April, 2018.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 4

26TH APRIL, 2018

185

Department of Law & Judiciary

Legal Affairs Division

___

Notification

10/4/2016-LA

The Finance Act, 2016 (Central Act

No. 28 of 2016), which has been passed by

Parliament and assented to by the President

on 14-05-2016 and published in the Gazette of

India, Extraordinary, Part II, Section 1, date

14-05-2016, is hereby published for the general

information of the public.

Julio Barbosa Noronha, Under Secretary (Law).

Porvorim, 26th October, 2016.

______

THE FINANCE ACT, 2016

Arrangement of Section

CHAPTER I

Preliminary

Sections

1.

Short title and commencement.

CHAPTER II

Rates of Income-tax

2.

Income-tax.

CHAPTER III

DIRECT TAXES

Income-tax

3. Amendment of section 2.

4. Amendment of section 6.

5. Amendment of section 9.

6. Amendment of section 9A.

7. Amendment of section 10.

8. Amendment of section 10AA.

9. Amendment of section 17.

10. Amendment of section 24.

11. Substitution of new section for sections 25A,

25AA and 25B.

12. Amendment of section 28.

13. Amendment of section 32.

11. Amendment of section 32AC.

12. Amendment of section 35.

Sections

13. Insertion of new section 35ABA.

14. Amendment of section 35AC.

15. Amendment of section 35AD.

16. Amendment of section 35CCC.

17. Amendment of section 35CCD.

18. Amendment of section 36.

19. Amendment of section 40.

20. Amendment of section 43B.

21. Amendment of section 44AA.

22. Amendment of section 44AB.

26. Amendment of section 44AD.

27. Insertion of new section 44ADA.

28. Amendment of section 47.

29. Amendment of section 48.

30. Amendment of section 49.

31. Amendment of section 50c.

32. Insertion of new section 54EE.

33. Amendment of section 54GB.

34. Amendment of section 55.

35. Amendment of section 56.

36. Amendment of section 80.

37. Amendment of section 80CCD.

38. Substitution of new section for section 80EE.

39. Amendment of section 80GG.

40. Amendment of section 80-IA.

41. Amendment of section 80-IAB.

42. Insertion of new section 80-IAC.

43. Amendment of section 80-IB.

44. Insertion of new section 80-IBA.

45. Substitution of new section for section 80JJAA.

46. Amendment of section 87 A.

47. Amendment of section 92CA.

48. Amendment of section 92D.

49. Amendment of section 111A.

50. Amendment of section 112.

51. Insertion of new section 115BA.

52. Insertion of new section 115BBDA.

53. Amendment of section 115BBE.

54. Insertion of new section 115BBF.

55. Amendment of section 115JB.

56. Insertion of new Chapter XII-Bc.

57. Amendment of section 115-O.

58. Amendment of section 115QA.

59. Amendment of section 115TA.

60. Amendment of section 115TC.

61. Insertion of new section 115TCA.

62. Insertion of new Chapter XII-EB.

63. Amendment of section 115UA.

64. Amendment of section 119.

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Sections

65. Amendment of section 124.

66. Amendment of section 133C.

67. Amendment of section 139.

68. Amendment of section 143.

69. Amendment of section 147.

70. Substitution of new section for section 153.

71. Substitution of new section for section 153B.

72. Amendment of section 192 A.

73. Amendment of section 194BB.

74. Amendment of section 194C.

75. Amendment of section 194D.

76. Amendment of section 194DA.

77. Amendment of section 194 EE.

78. Amendment of section 194G

79. Amendment of section 194H.

80. Omission of sections 194K and 194L.

81. Amendment of section 194LA.

82. Amendment of section 194LBA.

83. Amendment of section 194LBB.

84. Insertion of new section 194LBC.

85. Amendment of section 197.

86. Amendment of section 197 A.

87. Amendment of section 206AA.

88. Amendment of section 206C.

89. Amendment of section 211.

90. Amendment of section 220.

91. Amendment of section 234C.

92. Amendment of section 244A.

93. Amendment of section 249.

94. Amendment of section 252.

95. Amendment of section 253.

96. Amendment of section 254.

97. Amendment of section 255.

98. Insertion of new section 270A.

99. Insertion of new section 270AA.

100. Amendment of section 271.

101. Amendment of section 271 A.

102. Amendment of section 271 AA.

103. Amendment of section 271 AAB.

104. Insertion of new section 271GB.

105. Amendment of section 272A.

106. Amendment of section 273A.

107. Amendment of section 273AA.

108. Amendment of section 273B.

109. Amendment of section 276C.

110. Amendment of section 279.

111. Amendment of section 281 B.

112. Amendment of section 282A.

113. Insertion of new section 286.

114. Amendment of section 288.

115. Amendment of Fourth Schedule.

Sections

CHAPTER IV

Indirect Taxes

Customs

116. Amendment of section 2.

117. Amendment of chapter heading of Chapter III.

118. Omission of section 9.

119. Amendment of section 25.

120. Amendment of section 28.

121. Amendment of section 47.

122. Amendment of section 51.

123. Substitution of new section for section 53.

124. Substitution of new section for section 57.

125. Substitution of new sections 58, 58A and 58B

for section 58.

126. Substitution of new section for section 59.

127. Substitution of new section for section 60.

128. Substitution of new section for section 61.

129. Omission of sections 62 and 63.

130. Substitution of new section for section 64.

131. Amendment of section 65.

132. Amendment of section 68.

133. Amendment of section 69.

134. Amendment of section 71.

135. Amendment of section 72.

136. Amendment of section 73.

137. Insertion of new section 73A.

138. Amendment of section 156.

139. Amendment of notifications issued under

section 25 of Act 52 of 1962.

Customs Tariff

140. Omission of section 8C.

141. Amendment of First Schedule.

Excise

142. Amendment of section 5A.

143. Amendment of section 11A.

144. Amendment of section 37B.

145. Amendment of Third Schedule.

Excise Tariff

146. Amendment of First Schedule.

147. Amendment of Second Schedule.

CHAPTER V

Service Tax

148. Amendment of section 65B.

149. Amendment of section 66D.

150. Amendment of section 66E.

151. Amendment of section 67 A.

152. Amendment of section 73.

153. Amendment of section 75.

154. Amendment of section 78A.

OFFICIAL GAZETTE — GOVT. OF GOA

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187

Sections

155. Amendment of section 89.

156. Amendment of section 90.

157. Amendment of section 91.

158. Amendment of section 93A.

158. Insertion of new sections 101, 102 and 103.

160. Amendment of notification issued under

section 93A of Finance Act, 1994.

CHAPTER VI

Krishi Kalyan Cess

161. Krishi Kalyan Cess.

CHAPTER VII

Infrastructure Cess

162. Infrastructure Cess.

CHAPTER VIII

Equalisation Levy

163. Extent, commencement and application.

164. Definitions.

165. Charge of equalisation levy.

166. Collection and recovery of equalisation levy.

167. Furnishing of statement.

168. Processing of statement.

169. Rectification of mistake.

170. Interest on delayed payment of equalisation

levy.

171. Penalty for failure to deduct or pay

equalisation levy.

172. Penalty for failure to furnish statement.

173. Penalty not to be imposed in certain cases.

174. Appeal to Commissioner of Income-tax

(Appeals).

175. Appeal to Appellate Tribunal.

176. Punishment for false statement.

177. Institution of prosecution.

178. Application of certains provisions of Income-

tax Act.

179. Power to make rules.

180. Power to remove difficulties.

CHAPTER IX

The Income Declaration Scheme, 2016

181. Short title and commencement.

182. Definitions.

183. Declaration of undisclosed income.

184. Charge of tax and surcharge.

185. Penalty.

186. Manner of declaration.

187. Time for payment of tax.

188. Undisclosed income declared not to be

included in total income.

189. Undisclosed income declared not to affect for

finality of completed assessments.

Sections

190. Undisclosed income declared not to be

treated as benami transaction in certain

cases.

191. Tax in respect of voluntarily disclosed income

not refundable.

192. Declaration not admissible in evidence

against declarant.

193. Declaration by misrepresentation of facts to

be void.

194. Exemption from wealth-tax in respect of

assets specified in declaration.

195. Applicability of certain provisions of Income-

tax Act and of Chapter V of Wealth-tax Act.

196. Scheme not to apply to certain persons.

197. Removal of doubts.

198. Power to remove difficulties.

199. Power to make rules.

CHAPTER X

The Direct Tax Dispute

Resolution Scheme, 2016

200. Short title and commencement.

201. Definitions.

202. Declaration of tax payable.

203. Particulars to be furnished.

204. Time and manner of payment.

205. Immunity from initiation of proceedings in

respect of offence and imposition of penalty

in certain cases.

206. No refund of amount paid under Scheme.

207. No other benefit, concession or immunity to

declarant.

208. Scheme not to apply in certain cases.

209. Power of Central Government to issue

directions, etc.

210. Power to remove difficulties.

211. Power to make rules.

CHAPTER XI

The Indirect Tax Dispute Resolution Scheme, 2016

212. Short title, application and commencement.

213. Definitions.

214. Procedure for making declaration.

215. Scheme not to apply in certain cases.

216. Immunity from other proceedings under Act.

217. Consequences of order made under Scheme.

218. Power to make rules.

OFFICIAL GAZETTE — GOVT. OF GOA

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188

Sections

CHAPTER XII

Miscellaneous

PART I

Amendments to the Reserve Bank of India Act, 1934

219. Commencement and Amendment of

Act 2 of 1934.

220. Amendment of Preamble.

221. Amendment of section 2.

222. Insertion of new Chapter III F.

223. Amendment of section 58.

PART II

Amendment to the Central Sales Tax Act, 1956

224. Amendment of Act 74 of 1956.

PART III

Amendment to the Oil Industry (Development)

Act, 1974

225. Amendment of Schedule of Act 47 of 1974.

PART IV

Amendment to the Smugglers and Foreign

Exchange Manipulators

(Forefeiture of Property) Act, 1976

226. Amendment of Act 13 of 1976.

PART V

Amendments to the Narcotic Drugs and

Psychotropic Substances Act, 1985

227. Amendment of Act 61 of 1985.

PART VI

Amendments to the Foreign Exchange

Management Act, 1999

228. Commencement of this Part.

229. Amendment of Act 42 of 1999.

PART VII

Amendment to the Central Road Fund Act, 2000

230. Amendment of Act 54 of 2000.

PART VIII

Amendment to the Finance Act, 2001

231. Amendment of Act 14 of 2001.

PART IX

Amendment to the Prevention of Money-laundering

Act, 2002

232. Amendment of Act 15 of 2003.

Sections

PART X

Amendment to the Finance (No. 2) Act, 2004

233. Amendment of Act 23 of 2004.

PART XI

Amendment to the Finance Act, 2005

234. Amendment of Act 18 of 2005.

PART XII

Amendment to the Finance Act, 2010

235. Amendment of Act 14 of 2010.

PART XIII

Amendment to the Foreign Contribution

(Regulation) Act, 2010

236. Amendment of section 2 of Act 42 of 2010.

PART XIV

Amendment to the Finance Act, 2013

237. Amendment of Act 17 of 2013.

PART XV

Amendment to the Finance Act, 2015

238. Amendment of Act 20 of 2015.

PART XVI

Repeal and Amendment of Certain Enactments

239. Repeal and amendment of certain

enactments.

240. Savings.

241. Collection and payment of arrears of duties.

THE FIRST SCHEDULE.

THE SECOND SCHEDULE.

THE THIRD SCHEDULE.

THE FOURTH SCHEDULE.

THE FIFTH SCHEDULE.

THE SIXTH SCHEDULE.

THE SEVENTH SCHEDULE.

THE EIGHTH SCHEDULE.

THE NINTH SCHEDULE.

THE TENTH SCHEDULE.

THE ELEVENTH SCHEDULE.

THE TWELFTH SCHEDULE.

THE THIRTEENTH SCHEDULE.

THE FOURTEENTH SCHEDULE.

THE FIFTEENTH SCHEDULE.

OFFICIAL GAZETTE — GOVT. OF GOA

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189

THE FINANCE ACT, 2016

(As passed by the houses of Parliament)

AN

ACT

to give effect to the financial proposals

of the Central Government for the financial

year 2016-2017.

Be it enacted by Parliament in the Sixty-

-seventh Year of the Republic of India as

follows:—

CHAPTER I

Preliminary

1. Short title and commencement.— (1) This

Act may be called the Finance Act, 2016.

(2) Save as otherwise provided in this Act,

sections 2 to 115 shall be deemed to have come

into force on the 1st day of April, 2016.

CHAPTER II

Rates of Income-Tax

2. Income-tax.— (1) Subject to the

provisions of sub-sections (2) and (3), for the

assessment year Income-tax commencing on

the 1st day of April, 2016, 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 two lakh fifty 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 two lakh fifty

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 two lakh fifty

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 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 I of

the First 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 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 I of the First

Schedule, the provisions of this sub-section

shall have effect as if for the words “two lakh

fifty 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

OFFICIAL GAZETTE — GOVT. OF GOA

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26TH APRIL, 2018

190

section 115JB or section 115JC or

Chapter XII-FA or Chapter XII-FB or

sub-section (1A) of section 161 or

section 164 or section 164A or

section 167B of the Income-tax Act,

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 III A or section 112 of the Income-

-tax Act shall be increased by a surcharge,

for the 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 section 115A,

115AB, 115AC, 115ACA, 115AD, 115B, 115BB,

115BBA, 115BBC, 115BBD, 115BBE, 115 E,

115JB or 115JC 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 every individual or

Hindu undivided family or association of

persons or body of individuals, whether

incorporated or not, or every artificial

juridical person referred to in sub-clause

(vii) of clause (31) of section 2 of the Income-

-tax Act, or co-operative society or firm or

local authority, at the rate of twelve per cent.

of such income-tax, where the total income

exceeds one crore rupees;

(b) in the case of every domestic

company,—

(i) at the rate of seven per cent. of such

income-tax, where the total income

exceeds one crore rupees but 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;

(c) in the case of every company, other

than a domestic company,—

(i) at the rate of two per cent. of such

income-tax, where the total income

exceeds one crore rupees but does not

exceed ten crore rupees;

(ii) at the rate five per cent. of such

income-tax, where the total income

exceeds ten crore rupees:

Provided also that in the case of persons

mentioned in (a) above, having total income

chargeable to tax under section 115JC of the

Income-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 of one

crore rupees by more than the amount of

income that 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

but does not exceed ten 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 of one crore rupees by more than the

amount of income that 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 ten 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 and surcharge on a total income often

crore rupees by more than the amount of

income that exceeds ten crore rupees.

(4) In cases in which tax has to be charged

and paid under section 115-O or section 115QA

or sub-section (2) of section 115R or section

115TA or section 115TD 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

43 of 1961.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 4

26TH APRIL, 2018

191

Union, calculated at the rate of twelve per

cent. of such tax.

(5) In cases in which tax has to be deducted

under sections 193, 194, 194A, 194B, 194BB,

194D, 194LBA, 194LBB, 194LBC 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 192A, 194C, 194DA, 194E,

194EE, 194F, 194G, 194H, 194-I, 194-IA, 194J,

194LA, 194LB, 194LBA, 194LBB, 194LBC,

194LC, 194LD, 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,—

(a) in the case of every individual or Hindu

undivided family or association of persons

or

body

of

individuals,

whether

incorporated or not, or every artificial

juridical person referred to in sub-clause

(vii) of clause (31) of section 2 of the Income-

-tax Act, being a non-resident, calculated

at the rate of fifteen 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;

(b) in the case of every co-operative

society or firm, being a non-resident,

calculated at the rate of twelve 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;

(c) in the case of every company, other

than a domestic company, calculated,—

(i) 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 but does not exceed ten

crore rupees;

(ii) at the rate office 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 ten

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 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,—

(a) in the case of every individual or Hindu

undivided family or association of persons

or

body

of

individuals,

whether

incorporated or not, or every artificial

juridical person referred to in sub-clause

(vii) of clause (31) of section 2 of the Income-

tax Act, being a non-resident, calculated at

the rate of fifteen per cent. of such tax,

where the amount or the aggregate of such

amounts collected and subject to the

collection exceeds one crore rupees;

(b) in the case of every co-operative

society or firm, being a non-resident,

calculated at the rate of twelve per cent. of

such tax, where the amount or the

aggregate of such amounts collected and

subject to the collection exceeds one crore

rupees;

(c) in the case of every company, other

than a domestic company, calculated,—

(i) 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

but does not exceed ten crore rupees;

(ii) at the rate of five per cent. of such

tax, where the amount or the aggregate

of such amounts collected and subject

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to the collection exceeds ten 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 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 Chapter XII-

FA or Chapter XII-FB 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 A, B, C, D or E, as the

case may be, of Part III of the First Schedule:

Provided also that in respect of any income

chargeable to tax under section 115A, 115AB,

115AC, 115ACA, 115AD, 115B, 115BA, 115BB,

115BBA, 115BBC, 115BBD, 115BBDA, 115BBE,

115BBF, 115E, 115JB or 115JC 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 individual or Hindu

undivided family or association of persons

or

body

of

individuals,

whether

incorporated or not, or every artificial

juridical person referred to in sub-clause (vii)

of clause (31) of section 2 of the Income-tax

Act, calculated at the rate of fifteen per cent.

of such “advance tax”, where the total

income exceeds one crore rupees;

(b) in the case of every co-operative

society or firm or local authority, calculated

at the rate of twelve per cent. of such

“advance tax”, where the total income

exceeds one crore rupees;

(c) in the case of every domestic company,

calculated,—

(i) at the rate of seven per cent. of such

“advance tax”, where the total income

exceeds one crore rupees but does not

exceed ten crore rupees;

(ii) at the rate of twelve per cent. of such

“advance tax”, where the total income

exceeds ten crore rupees;

(d) in the case of every company, other

than a domestic company, calculated,—

(i) at the rate of two per cent. of such

“advance tax”, where the total income

exceeds one crore rupees but does not

exceed ten crore rupees;

(ii) 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 of persons

mentioned in (a) and (b) above, having total

income chargeable to tax under section 115JC

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:

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 but

does not exceed ten crore rupees, the total

amount payable as “advance tax” on such

income and surcharge thereon, shall not

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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 of every

company having total income chargeable to

tax under section 115JB of the Income-tax Act,

and such income exceeds 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” and surcharge on a total income of ten

crore rupees by more than the amount of

income that exceeds ten 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 fifty thousand 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 fifty

thousand 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 fifty

thousand 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 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 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

fifty thousand rupees”, the words “five lakh

rupees” had been substituted:

Provided also that the amount of income-

-tax or “advance tax” so arrived at, shall be

increased by a surcharge for purposes of the

Union calculated in each case, in the manner

provided therein.

(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

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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, 2016, 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

3. In section 2 of the Income-tax Act,—

Amendement of section 2.— (a) in clause

(14), in item (vi), after the words and figures

“Gold Deposit Scheme, 1999”, the words and

figures “or deposit certificates issued under

the Gold Monetisation Scheme, 2015” shall be

inserted;

(b) after clause (23B), the following clause

shall be inserted with effect from the 1st day

of June, 2016, namely:—

‘(23C) “hearing” includes communication

of data and documents through electronic

mode;’;

(c) in clause (24), in sub-clause (xviii), for

the words, figures and brackets “other than

the subsidy or grant or reimbursement which

is taken into account for determination of the

actual cost of the asset in accordance with the

provisions of Explanation 10 to clause (1) of

section 43”, the following shall be substituted

with effect from the 1st day of April, 2017,

namely:—

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“other than,—

(a) the subsidy or grant or reimbursement

which

is

taken

into

account

for

determination of the actual cost of the asset

in accordance with the provisions of

Explanation 10 to clause (1) of section 43;

or

(b) the subsidy or grant by the Central

Government for the purpose of the corpus

of a trust or institution established by the

Central Government or a State Government,

as the case may be;”;

(d) in clause (37A), in sub-clause (iii), after

the words, figures and letters “section

194LBA or”, the words, figures and letters

“section I 94LBB or section 194LBC or’’ shall

be inserted with effect from the 1st day of

June, 2016;

(e) in clause (42A), after the second

proviso and before Explanation I, the

following proviso shall be inserted with

effect from the 1st day of April, 2017,

namely:—

‘Provided also that in the case of a share

of a company (not being a share listed in a

recognised stock exchange in India), the

provisions of this clause shall have effect as

if for the words “thirty-six months”, the

words “twenty-four months” had been

substituted.’.

4. Amendment of section 6.— In section 6

of the Income-tax Act, for clause (3), the

following clause shall be substituted with

effect from the 1st day of April, 2017, namely:—

‘(3) A company is said to be a resident in

India in any previous year, if—

(i) it is an Indian company; or

(ii) its place of effective management,

in that year, is in India.

Explanation.— For the purposes of this

clause “place of effective management”

means a place where key management and

commercial decisions that are necessary for

the conduct of business of an entity as a

whole are, in substance made.’.

Amendment of section 9.— In section 9 of

the Income-tax Act, in sub-section (1), in

clause (i), in Explanation 1 after clause (d), the

following clause shall be inserted, namely:—

“(e) in the case of a foreign company

engaged in the business of mining of

diamonds, no income shall be deemed to

accrue or arise in India to it through or

from the activities which are confined to

the display of uncut and unassorted

diamond in any special zone notified by

the Central Government in the Official

Gazette in this behalf.”.

6. Amendment of section 9A.— In section

9A of the lncome-tax Act, in sub-section (3),

with effect from the 1st day of April, 2017,—

(i) in clause (b), after the words “has been

entered into”, the words “or is established

or incorporated or registered in a

country or a specified territory notified

by the Central Government in this behalf’

shall be inserted;

(ii) in clause (k), the words “or from India”

shall be omitted,

7. Amendment of section 10.— In section 10

of the Income-tax Act,—

(A) with effect from the 1st day of April,

2017,—

(i) after clause (12), the following

clause shall be inserted, namely:—

“(12A) any payment from the

National Pension System Trust to an

employee on closure of his account or

.on his opting out of the pension scheme

referred to in section 80CCD, to the

extent it does not exceed forty per cent

of the total amount payable to him at

the time of such closure or his opting

out of the scheme;”;

(ii) in clause (13),—

(I) in sub-clause (iv), for the word

“thereon”, the words “thereon; or’’ shall

be substituted;

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(II) after sub-clause (iv), the following

sub-clause shall be inserted, namely:—

“(v) by way of transfer to the account

of the employee under a pension

scheme referred to in section 80CCD

and

notified

by

the

Central

Government;”;

(B) in clause (15), in sub-clause (vi), after

the words and figures “Gold Deposit Scheme,

1999”, the words and figures “or deposit

certificates

issued

under

the

Gold

Monetisation Scheme, 2015” shall be inserted;

(C) with effect from the 1st day of April,

2017,—

(I) in clause (23DA), in the Explanation,—

(1) in clause (a), after sub-clause (i),

the following sub-clause shall be

inserted, namely:—

“(ia) in clause (z) of sub-

-section (1) of section 2 of the

Securitisation and Recon-

struction of Financial Assets

and Enforcement of Security

Interest Act, 2002; or”;

(2) in clause (b), for the word, figures

and letters “section 115TC”, the word,

figures and letters “section 115TCA” shall

be substituted;

(II) in clause (23FC), for the words “by

way of interest received or receivable from

a special purpose vehicle”, the following

shall be substituted, namely:—

“by way of—

(a) interest received or receivable

from a special purpose vehicle; or

(b) dividend referred to in sub-

-section (7) of section 115-O”;

(III) in clause (23FD), for the words,

brackets, figures and letters “in clause

(23FC)”, the words, brackets, letters and

figures “in sub-clause (a) of clause (23FC)”

shall be substituted;

(IV) in clause (34), the following proviso

shall be inserted, namely:—

“Provided that nothing in this clause

shall apply to any income by way of

dividend chargeable to tax in accordance

with the provisions of section 115BBDA;”;

(V) in clause (35A),—

(a) before the Explanation, the

following proviso shall be inserted,

namely:—

“Provided that nothing contained in

this clause shall apply to any income

by way of distributed income referred

to in the said section, received on or

after the 1st day of June, 2016.”;

(b) in the Explanation, for the word,

figures and letters “section 115TC”, the

word, figures and letters “section

115TCA” shall be substituted;

(VI) in clause (38),—

(i) after the second proviso, the

following proviso shall be inserted,

namely:—

“Provided

also

that

nothing

contained in sub-clause (b) shall apply

to a transaction undertaken on a

recognised stock exchange located in

any International Financial Services

Centre and where the consideration for

such transaction is paid or payable in

foreign currency.”;

(ii) for the Explanation, the following

Explanation shall be substituted,

namely:—

‘Explanation.— For the purposes of this

clause,—

(a) “equity oriented fund” means a

fund—

(i) where the investible funds are

invested by way of equity shares in

domestic companies to the extent of

more than sixty-five per cent. of the

total proceeds of such fund; and

(ii) which has been set up under a

scheme of a Mutual Fund specified

under clause (23D):

Provided that the percentage of

equity share holding of the fund shall

54 of 2002.

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be computed with reference to the

annual average of the monthly

averages of the opening and closing

figures;

(b) “International Financial

Services Centre” shall have

the

same

meaning

as

assigned to it in clause (q) of

section 2 of the Special

Economic Zones Act, 2005;

(c) “recognised stock exchange”

shall have the meaning assigned to it

in clause (ii) of the Explanation 1 to

sub-section (5) of section 43.’;

(D) after clause (48), the following clause

shall be inserted, namely:—

“(48A) any income accruing or arising to

a foreign company on account of storage of

crude oil in a facility in India and sale of

crude oil there from to any person resident

in India:

Provided that—

(i) the storage and sale by the foreign

company is pursuant to an agreement or

an arrangement entered into by the

Central Government or approved by the

Central Government; and

(ii) having regard to the national

interest, the foreign company and the

agreement or arrangement are notified

by the Central Government in this

behalf;”;

(E) after clause (49), the following clause

shall be inserted with effect from the 1st day

of June, 2016, namely:—

‘(50) any income arising from any

specified service provided on or after the

date on which the provisions of Chapter VIII

of the Finance Act, 2016 comes into force

and chargeable to equalisation levy under

that Chapter.

Explanation.— For the purposes of this

clause, “specified service” shall have the

meaning assigned to it in clause (i) of

section 161 of Chapter VIII of the Finance

Act, 2016.’.

8. Amendment of section 10AA.— In section

10AA of the Income-tax Act, in sub-section

(1), for the words and figures “April, 2006, a

deduction of”, the words, figures and letters

“April, 2006, but before the 1st day of April,

2021, the following deduction shall be

allowed” shall be substituted with effect from

the 1st day of April, 2017.

9. Amendment of section 17.— In section 17

of the Income-tax Act, in sub-section (2), in

clause (vii), for the words “one lakh rupees”,

the words “one lakh and fifty thousand

rupees” shall be substituted with effect from

the 1st day of April, 2017.

10. Amendment of section 24.— In section

24 of the Income-tax Act, in clause (b), in the

second proviso, for the words “three years”,

the words “five years” shall be substituted

with effect from the 1st day of April, 2017.

11. Substitution of new section for sections

25A, 25AA and 25B.— For sections 25A, 25AA

and 25B of the Income-tax Act, the following

section shall be substituted with effect from

the 1st day of April, 2017, namely:—

‘25A. Special provision for arrears of rent

and unrealised rent received subsequently.—

(1) The amount of arrears of rent received

from a tenant or the unrealised rent realised

subsequently from a tenant, as the case

may be, by an assessee shall be deemed to

be the income from house property in

respect of the financial year in which such

rent is received or realised, and shall be

included in the total income of the assessee

under the head “Income from house

property”, whether the assessee is the

owner of the property or not in that financial

year.

(2) A sum equal to thirty per cent. of the

arrears of rent or the unrealised rent

referred to in sub-section (1) shall be

allowed as deduction.’.

12. Amendment of section 28.— In section

28 of the Income-tax Act in clause (va), with

effect from the 1st day of April, 2017,—

(A) in sub-clause (a), after the words “any

business”, the words “or profession” shall

be inserted;

28 of 2005.

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(B) in the proviso, in clause (i), after the

words “any business”, the words “or

profession” shall be inserted.

13. Amendment of section 32.— In section

32 of the Income-tax Act, in sub-section (1),

in clause (iia), for the words “or in the

business of generation or generation and

distribution”, the words “or in the business of

generation, transmission or distribution” shall

be substituted with effect from the 1st day of

April, 2017.

14. Amendment of section 32AC.— In

section 32AC of the Income-tax Act, in

sub-section (1A),—

(i) for the words “acquired and installed

during any previous year exceeds twenty-

five crore rupees”, the words, figures and

letters “acquired during any previous year

exceeds twenty-five crore rupees and such

assets are installed on or before the 31st day

of March, 2017” shall be substituted;

(ii) before the proviso, the following

proviso shall be inserted, namely:—

“Provided that where the installation

of the new assets are in a year other than

the year of acquisition, the deduction

under this sub-section shall be allowed

in the year in which the new assets are

installed.”;

(iii) in the existing proviso, for the words

“Provided that”, the words “Provided

further that” shall be substituted.

15. Amendment of section 35.— In section

35 of the Income-tax Act, with effect from the

1st day of April, 2018,—

(i) in sub-section (1),—

(a) in clause (ii),—

(I) for the words “one and three-

fourth”, the words “one and one-half’

shall be substituted;

(II) after the proviso, the following

proviso shall be inserted, namely:—

“Provided further that where any

sum is paid to such association,

university,

college

or

other

institution in a previous year relevant

to the assessment year beginning on

or after the 1st day of April, 2021, the

deduction under this clause shall be

equal to the sum so paid;”;

(b) in clause (iia), the words “an

amount equal to one and one-fourth times

of” shall be omitted;

(c) in clause (iii), the words “an amount

equal to one and one-fourth times” shall

be omitted;

(ii) in sub-section (2AA),—

(A) in clause (a), for the words “two

times”, the words “one and one-half

times” shall be substituted;

(B) after the proviso and before

Explanation 1, the following proviso shall

be inserted, namely:—

“Provided further that where any

sum is paid to such National

Laboratory or university or Indian

Institute of Technology or specified

person in a previous year relevant to

the assessment year beginning on or

after the 1st day of April, 2021, the

deduction under this sub-section

shall be equal to the sum so paid.”;

(iii) in sub-section (2AB),—

(a) in clause (1), for the words “two

times”, the words “one and one-half

times” shall be substituted;

(b) after clause (1) and before the

Explanation, the following proviso shall

be inserted, namely:—

“Provided that where such

expenditure on scientific research

(not being expenditure in the nature

of cost of any land or building) on in-

house research and development

facility is incurred in a previous year

relevant to the assessment year

beginning on or after the 1st day of

April, 2021, the deduction under this

clause shall be equal to the

expenditure so incurred.”;

(c) clause (5) shall be omitted.

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16. Insertion of new section 35ABA.— After

section 35AB of the Income-tax Act, the

following section shall be inserted with effect

from the 1st day of April, 2017, namely:—

’35ABA. Expenditure for obtaining right

to use spectrum for telecommunication

services.— (1) In respect of any expendi-

ture, being in the nature of capital

expenditure, incurred for acquiring any

right to use spectrum for telecommu-

nication services either before the

commencement of the business or

thereafter at any time during any previous

year and for which payment has actually

been made to obtain a right to use

spectrum, there shall, subject to and in

accordance with the provisions of this

section, be allowed for each of the relevant

previous years, a deduction equal to the

appropriate fraction of the amount of such

expenditure.

(2) The provisions contained in sub-

-sections (2) to (8) of section 35ABB, shall

apply as if for the word “licence”, the word

“spectrum” had been substituted.

(3) Where, in a previous year, any

deduction has been claimed and granted

to the assessee under sub-section (1), and,

subsequently, there is failure to comply with

any of the provisions of this section, then,—

(a) the deduction shall be deemed to

have been wrongly allowed;

(b) the Assessing Officer may,

notwithstanding anything contained in

this Act, re-compute the total income of

the assessee for the said previous year

and make the necessary rectification;

(c) the provisions of section 154 shall,

so far as may be, apply and the period of

four years specified in sub-section (7) of

that section being reckoned from the end

of the previous year in which the failure

to comply with the provisions of this

section takes place.

Explanation.— For the purposes of this

section,—

(i) “relevant previous years” means,—

(A) in a case where the spectrum

fee is actually paid before the

commencement of the business to

operate telecommunication services,

the previous years beginning with the

previous year in which such business

commenced;

(B) in any other case, the previous

years beginning with the previous year

in which the spectrum fee is actually

paid, and the subsequent previous year

or years during which the spectrum,

for which the fee is paid, shall be in

force;

(ii) “appropriate fraction” means

the fraction, the numerator of which

is one and the denominator of which

is the total number of the relevant

previous years:

(iii) “payment has actually been

made” means the actual payment of

expenditure irrespective of the

previous year in which the liability

for the expenditure was incurred

according to the method of

accounting regularly employed by

the assessee or payable in such

manner as may be prescribed.’.

17. Amendment of section 35AC.— In

section 35AC of the Income-tax Act, after sub-

-section (6) and before the Explanation, the

following sub-section shall be inserted with

effect from the 1st day of April, 2017, namely:—

“(7) No deduction under this section shall

be allowed in respect of any assessment

year commencing on or after the 1st day of

April, 2018.”.

18. Amendment of section 35AD.— In

section 35AD of the Income-tax Act, with

effect from the 1st day of April, 2018,—

(a) sub-section (1A) shall be omitted;

(b) in sub-section (2), after clause (iii), the

following clause shall be inserted, namely:—

“(iv) where the business is of the

nature referred to in sub-clause (xiv) of

clause (c) of sub-section (8), such

business,—

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(A) is owned by a company

registered in India or by a consortium

of such companies or by an authority

or a board or corporation or any other

body established or constituted under

any Central or State Act;

(8) entity referred to in sub-clause (A)

has entered into an agreement with

the Central Government or a State

Government or a local authority or any

other statutory body for developing

or operating and maintaining or

developing, operating and maintaining,

a new infrastructure facility.”;

(c) in sub-section (5),—

(I) in clause (aj), the word “and”

occurring at the end shall be omitted;

(II) after clause (aj), the following

clause shall be inserted, namely:—

“(ak) on or after the 1st day of April,

2017, where the specified business is

in the nature of developing or operating

and maintaining or developing,

operating and maintaining, any

infrastructure facility; and”;

(d) in sub-section (8),—

(I) after clause (b), the following clause

shall be inserted, namely:—

‘(ba)

“infrastructure

facility”

means—

(i) a road including toll road, a

bridge or a rail system;

(ii) a highway project including

housing or other activities being an

integral part of the highway project;

(iii) a water supply project, water

treatment system, irrigation project,

sanitation and sewerage system or

solid waste management system;

(iv) a port, airport, inland

waterway,

inland

port

or

navigational channel in the sea;’;

(II) in clause (c), after sub-clause (xiii), the

following sub-clause shall be inserted

namely:—

“(xiv) developing or maintaining and

operating or developing maintaining and

operating a new infrastructure facility.”.

19. Amendment of section 35CCC.— In

section 35CCC of the Income-tax Act, in

sub-section (1), the following proviso shall be

inserted with effect from the 1st day of April,

2017, namely:—

‘Provided that for the assessment year

beginning on or after the 1st day of April,

2021, the provisions of this sub-section shall

have effect as if for the words “a sum equal

to one and one-half times of”, the words “a

sum equal to” had been substituted.’.

20. Amendment of section 35CCD.— In

section 35CCD of the Income-tax Act, in

sub-section (1), the following proviso shall be

inserted with effect from the 1st day of April,

2017, namely:—

‘Provided that for the assessment year

beginning on or after the 1st day of April,

2021, the provisions of this sub-section shall

have effect as if for the words “an amount

equal to one and one-halftimes of’ the words

“a sum equal to” had been substituted.’.

21. Amendment of section 36.— In section

36 of the Income-tax Act, in sub-section (1),

in clause (viia), with effect from the 1st day

of April, 2017,—

(i) after sub-clause (c) and before the

Explanation, the following sub-clause

shall be inserted namely:—

“(d) a non-banking financial

company, an amount not exceeding

five percent of the total income

(computed

before

making

any

deduction under this clause and

Chapter VI-A).”;

(ii) in the Explanation, after clause (vi),

the following clause shall be inserted,

namely:—

‘(vii) “non-banking financial

company” shall have the

meaning assigned to it

in clause (f) of section

45-1 of the Reserve Bank of

India Act, 1934;’.

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22. Amendment of section 40.— In section

40 of the Income-tax Act, in clause (a), after

sub-clause (ia), the following sub-clause shall

be inserted with effect from the 1st day of June,

2016, namely:—

“(ib) any consideration paid or payable

to a non-resident for a specified service on

which equalisation levy is deductible under

the provisions of Chapter VIII of the Finance

Act, 2016, and such levy has not been

deducted or after deduction, has not been

paid on or before the due date specified in

sub-section (1) of section 139:

Provided that where in respect of any

such consideration, the equalisation levy

has been deducted in any subsequent year

or has been deducted during the previous

year but paid after the due date specified

in sub-section (1) of section 139, such sum

shall be allowed as a deduction in

computing the income of the previous year

in which such levy has been paid;”.

23. Amendment of section 43B.— In section

43B of the Income-tax Act, with effect from the

1st day of April, 2017,—

(i) in clause (f), for the word “employee”

occurring at the end, the words “employee,

or” shall be substituted;

(ii) after clause (f), the following clause

shall be inserted, namely:—

“(g) any sum payable by the assessee

to the Indian Railways for the use of

railway assets,”.

24. Amendment of section 44AA.— In

section 44AA of the Income-tax Act, in

sub-section (2), for clause (iv), the following

clause shall be substituted with effect from

the 1st day of April, 2017, namely:—

“(iv) where the provisions of sub-section

(4) of section 44AD are applicable in his

case and his income exceeds the maximum

amount which is not chargeable to income-

tax in any previous year,”.

25. Amendment of section 44AB.— In

section 44AB of the Income-tax Act, with effect

from the 1st day of April, 2017,—

(i) in clause (b), for the words “twenty-

-five lakh rupees”, the words “fifty lakh

rupees” shall be substituted;

(ii) in clause (d),—

(a) for the word “business” wherever

it occurs, the word “profession” shall be

substituted;

(b) for the words, figures and letters

“under section 44AD”, the words, figures

and letters “under section 44ADA” shall

be substituted;

(c) for the words “previous year”, the

words “previous year; or” shall be

substituted;

(iii) after clause (d) and before the long

line, the following clause shall be inserted,

namely:—

“(e) carrying on the business shall, if

the provisions of sub-section (4) of section

44AD are applicable in his case and his

income exceeds the maximum amount

which is not chargeable to income-tax in

any previous year,”.

26. Amendment of section 44AD.— In

section 44AD of the Income-tax Act, with

effect from the 1st day of April, 2017,—

(a) in sub-section (2), the proviso shall

be omitted;

(b) for sub-sections (4) and (5), the

following sub-sections shall be substituted,

namely:—

“(4) Where an eligible assessee

declares profit for any previous year in

accordance with the provisions of this

section and he declares profit for any of

the five assessment years relevant to the

previous year succeeding such previous

year not in accordance with the

provisions of sub-section (1), he shall not

be eligible to claim the benefit of the

provisions of this section for five

assessment years subsequent to the

assessment year relevant to the previous

year in which the profit has not been

declared in accordance with the

provisions of sub-section (1).

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(5)

Notwithstanding

anything

contained in the foregoing provisions of

this section, an eligible assessee to whom

the provisions of sub-section (4) are

applicable and whose total income

exceeds the maximum amount which is

not chargeable to income-tax, shall be

required to keep and maintain such books

of account and other documents as

required under sub-section (2) of section

44AA and get them audited and furnish

a report of such audit as required under

section 44AB.”;

(c) in the Explanation, in clause (b), in

sub-clause (ii), for the words “one crore

rupees” occurring at the end, the words

“two crore rupees” shall be substituted.

27. Insertion of new section 44ADA.— After

section 44AD of the Income-tax Act, the

following section shall be inserted with effect

from the 1st day of April, 2017, namely:—

‘44ADA. Special provision for computing

profits and gains of profession on

presumptive basis.— (1) Notwithstanding

anything contained in sections 28 to 43C,

in the case of an assessee, being a resident

in India, who is engaged in a profession

referred to in sub-section (1) of section 44AA

and whose total gross receipts do not

exceed fifty lakh rupees in a previous year,

a sum equal to fifty per cent. of the total

gross receipts of the assessee in the

previous year on account of such profession

or, as the case may be, a sum higher than

the aforesaid sum claimed to have been

earned by the assessee, shall be deemed to

be the profits and gains of such profession

chargeable to tax under the head “Profits

and gains of business or profession”.

(2) Any deduction allowable under the

provisions of sections 30 to 38 shall, for the

purposes of sub-section (1), be deemed to

have been already given full effect to and

no further deduction under those sections

shall be allowed.

(3) The written down value of any asset

used for the purposes of profession shall be

deemed to have been calculated as if the

assessee had claimed and had been actually

allowed the deduction in respect of the

depreciation for each of the relevant

assessment years.

(4) Notwithstanding anything contained

in the foregoing provisions of this section,

an assessee who claims that his profits and

gains from the profession are lower than the

profits and gains specified in sub-section (1)

and whose total income exceeds the

maximum amount which is not chargeable

to income-tax, shall be required to keep and

maintain such books of account and other

documents as required under sub-section

(1) of section 44AA and get them audited

and furnish a report of such audit as required

under section 44AB.’.

28. Amendment of section 47.— In section

47 of the Income-tax Act, with effect from the

1st day of April, 2017,—

(A) after clause (viib), the following

clause shall be inserted, namely:—

“(viic) any transfer of Sovereign Gold

Bond issued by the Res erve Bank of India

under the Sovereign Gold Bond Scheme,

2015, by way of redemption, by an

assessee being an individual;”;

(B) in clause (xiiib), in the proviso,—

(I) in clause (e), the word “and”

appearing at the end shall be omitted;

(II) after clause (e), the following clause

shall be inserted, namely:—

“(ea) the total value of the assets as

appearing in the books of account of

the company in any of the three

previous years preceding the previous

year in which the conversion takes

place does not exceed five crore

rupees; and;”;

(C) after clause (xviii), the following

clause shall be inserted with effect from the

1st day of April, 2017, namely:—

‘(xix) any transfer by a unit holder of a

capital asset, being a unit or units, held

by him in the consolidating plan of a

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mutual

fund

scheme,

made

in

consideration of the allotment to him of

a capital asset, being a unit or units, in

the consolidated plan of that scheme of

the mutual fund.

Explanation.— For the purposes of this

clause,—

(a) “consolidating plan”

means the plan within a

scheme of a mutual fund

which merges under the

process of consolidation of

the plans within a scheme of

mutual fund in accordance

with the Securities and

Exchange Board of India

(Mutual Funds) Regulations,

1996

made

under

the

Securities and Exchange

Board of India Act, 1992;

(b) “consolidated plan” means the

plan with which the consolidating plan

merges or which is formed as a result

of such merger;

(c) “mutual fund” means a mutual

fund specified under clause (23D) of

section 10.’.

29. Amendment of section 48.— In section

48 of the Income-tax Act, for the third proviso,

the following provisos shall be substituted with

effect from the 1st day of April, 2017, namely:—

“Provided also that nothing contained in

the second proviso shall apply to the long-

term capital gain arising from the transfer

of a long-term capital asset, being a bond

or debenture other than—

(a) capital indexed bonds issued by

the Government; or

(b) Sovereign Gold Bond issued by the

Reserve Bank of India under the

Sovereign Gold Bond Scheme, 2015:

Provided also that in case of an assessee

being a non-resident, any gains arising on

account of appreciation of rupee against a

foreign currency at the time of redemption of

rupee denominated bond of an Indian

company subscribed by him, shall be ignored

for the purposes of computation of full value

of consideration under this section.”.

30. Amendment of section 49.— In section

49 of the Income-tax Act, after sub-section (4)

the following sub-section shall be inserted with

effect from the 1st day of April, 2017, namely:—

“(5) Where the capital gain arises from

the transfer of an asset declared under the

Income Declaration Scheme, 2016, and the

tax, surcharge and penalty have been paid

in accordance with the provisions of the

Scheme on the fair market value of the asset

as on the date of commencement of the

Scheme, the cost of acquisition of the asset

shall be deemed to be the fair market value

of the asset which has been taken into

account for the purposes of the said

Scheme.”.

31. Amendment of section 50C.— In section

50C of the Income-tax Act, in sub-section (1),

the following provisos shall be inserted with

effect from the 1st day of April, 2017, namely:—

“Provided that where the date of the

agreement

fixing

the

amount

of

consideration and the date of registration

for the transfer of the capital asset are not

the same, the value adopted or assessed or

assessable by the stamp valuation authority

on the date of agreement may be taken for

the purposes of computing full value of

consideration for such transfer:

Provided further that the first proviso shall

apply only in a case where the amount of

consideration, or a part thereof, has been

received by way of an account payee

cheque or account payee bank draft or by

use of electronic clearing system through a

bank account, on or before the date of the

agreement for transfer.”.

32. Insertion of new section 54EE.— After

section 54ED of the Income-tax Act, the

following section shall be inserted with effect

from the 1st day of April, 2017, namely:—

‘54EE. Capital gain not to be charged on

investment in units of a specified fund.—

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(1) Where the capital gain arises from the

transfer of a long-term capital asset (herein

in this section referred to as the original

asset) and the assessee has, at any time

within a period of six months after the date

of such transfer, invested the whole or any

part of capital gains in the long-term

specified asset, the capital gain shall be

dealt with in accordance with the following

provisions of this section, namely:—

(a) if the cost of the long-term specified

asset is not less than the capital gain

arising from the transfer of the original

asset, the whole of such capital gain shall

not be charged under section 45;

(b) if the cost of the long-term specified

asset is less than the capital gain arising

from the transfer of the original asset, so

much of the capital gain as bears to the

whole of the capital gain the same

proportion as the cost of acquisition of the

long-term specified asset bears to the

whole of the capital gain, shall not be

charged under section 45:

Provided that the investment made on or

after the 1st day of April, 2016, in the long-

-term specified asset by an assessee during

any financial year does not exceed fifty lakh

rupees:

Provided further that the investment made

by an assessee in the long-term specified

asset, from capital gains arising from the

transfer of one or more original assets, during

the financial year in which the original asset

or assets are transferred and in the

subsequent financial year does not exceed

fifty lakh rupees.

(2) Where the long-term specified asset is

transferred by the assessee at any time within

a period of three years from the date of its

acquisition, the amount of capital gains arising

from the transfer of the original asset not

charged under section 45 on the basis of the

cost of such long-term specified asset as

provided in clause (a) or, as the case may be,

clause (b) of sub-section (1) shall be deemed

to be the income chargeable under the head

“Capital gains” relating to long-term capital

asset of the previous year in which the

long-term specified asset is transferred.

Explanation 1.— In a case where the

original asset is transferred and the assessee

invests the whole or any part of the capital

gain received or accrued as a result of transfer

of the original asset in any long-term specified

asset and such assessee takes any loan or

advance on the security of such specified

asset, he shall be deemed to have transferred

such specified asset on the date on which

such loan or advance is taken.

Explanation 2.— For the purposes of this

section,—

(a) “cost”, in relation to any long-term

specified asset, means the amount

invested in such specified asset out of

capital gains received or accruing as a

result of the transfer of the original asset;

(b) “long-term specified asset” means

a unit or units, issued before the 1st day

of April, 2019 of such fund as may be

notified by the Central Government in this

behalf.’.

33. Amendment of section 54GB.— In

section 54GB of the Income-tax Act, with effect

from the 1st day of April, 2017,—

(a) after sub-section (5), the following

proviso shall be inserted, namely:—

“Provided that in case of an investment

in eligible start-up, the provisions of this

sub-section shall have the effect as if for

the figures letters and words “31st day

of March, 2017”, the figures, letters and

words “31st day of March, 2019” had

been substituted;”;

(b) in sub-section (6),—

(i) in clause (b),—

(A) in sub-clause (ii), after the words

“an article or a thing”, the words “or in

an eligible business” shall be inserted;

(B) in sub-clause (iv), after

the words and figures “Micro,

Small and Medium Enterprises

Act, 2006”, the words “or is an

eligible start-up” shall be

inserted;

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(ii) after clause (b), the following clause

shall be inserted, namely:—

‘(ba) “eligible start-up” and “eligible

business” shall have the meanings

respectively assigned to them in

Explanation below sub-section (4) of

section 80-IAC.’;

(iii) after clause (d), the following proviso

shall be inserted, namely:—

“Provided that in the case of an eligible

start-up, being a technology driven start-

-up so certified by the Inter-Ministerial

Board of Certification notified by the

Central Government in the Official

Gazette, the new asset shall include

computers or computer software.”.

34. Amendment of section 55.— In section

55 of the Income-tax Act, with effect from the

1st day of April, 2017,—

(i) in sub-section (1), in clause (b) in sub-

-clause (1), after the words “any business”,

the words “or profession” shall be inserted;

(ii) in sub-section (2), in clause (a), after

the words “any business”, the words “or

profession” shall be inserted.

35. Amendment of section 56.— In section

56 of the Income-tax Act, in sub-section (2), in

clause (vii), in the second proviso occurring

after sub-clause (c), with effect from the 1st

day of April, 2017,—

(a) in clause (g), for the word, figures and

letters “section 12AA”, the words, figures

and letters “section 12AA; or” shall be

substituted;

(b) after clause (g), the following clause

shall be inserted, namely:—

“(h) by way of transaction not regarded

as transfer under clause (vicb) or clause

(vib) or clause (vii) of section 47.”.

36. Amendment of section 80.— In section

80 of the Income-tax Act, after the words,

brackets and figures “sub-section (2) of section

73”, the words, brackets, figures and letter

“or sub-section (2) of section 73A” shall be

inserted.

37. Amendment of section 80CCD.— In

section 80CCD of the Income-tax Act, in

sub-section (3), the following proviso shall

be inserted with effect from the 1st day of

April, 2017 namely:

“Provided that the amount received by

the nominee, on the death of the assessee,

under the circumstances referred to in

clause (a), shall not be deemed to be the

income of the nominee.”.

38. Substitution of new section for section

80EE.— For section 80EE of the Income-tax

Act, the following section shall be substituted

with effect from the 1st day of April, 2017,

namely:—

’80EE. Deduction in respect of interest on

loan taken for residential house property.—

(1) In computing the total income of an

assessee, being an individual, there shall be

deducted, in accordance with and subject

to the provisions of this section, interest

payable on loan taken by him from any

financial institution for the purpose of

acquisition of a residential property.

(2) The deduction under sub-section (1)

shall not exceed fifty thousand rupees and

shall be allowed in computing the total

income of the individual for the assessment

year beginning on the 1st day of April, 2017

and subsequent assessment years.

(3) The deduction under sub-section (1)

shall be subject to the following conditions,

namely:—

(i) the loan has been sanctioned by the

financial institution during the period

beginning on the 1st day of April, 2016

and ending on the 31st day of March,

2017;

(ii) the amount of loan sanctioned for

acquisition of the residential house

property does not exceed thirty-five lakh

rupees;

(iii) the value of residential house

property does not exceed fifty lakh

rupees;

(iv) the assessee does not own any

residential house property on the date of

sanction of loan.

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(4) Where a deduction under this section

is allowed for any interest referred to in

sub-section (1), deduction shall not be

allowed in respect of such interest under

any other provision of this Act for the same

or any other assessment year.

(5) For the purposes of this section,—

(a) “financial institution”

means a banking company to

which the Banking Regulation

Act, 1949 applies, or any bank

or banking institution referred

to in section 51 of that Act or a

housing finance company;

(b) “housing finance company” means

a public company formed or registered

in India with the main object of carrying

on the business of providing long-term

finance for construction or purchase of

houses in India for residential purposes.’.

39. Amendment of section 80GG.— In

section 80GG of the Income-tax Act, for the

words “two thousand rupees”, the words “five

thousand rupees” shall be substituted with

effect from the 1st day of April, 2017.

40. Amendment of section 80-IA.— In

section 80-IA of the Income-tax Act, in sub-

-section (4), in clause (i), after the proviso and

before the Explanation, the following proviso

shall be inserted with effect from the 1st day

of April, 2017, namely:—

“Provided further that nothing contained

in this section shall apply to any enterprise

which starts the development or operation

and maintenance of the infrastructure

facility on or after the 1st day of April, 2017.”.

41. Amendment of section 80-IAB.— In

section 80-IAB of the Income-tax Act, in

sub-section (1), the following proviso shall

be inserted with effect from the 1st day of

April, 2017, namely:—

“Provided that the provisions of this

section shall not apply to an assessee, being

a developer where the development of

Special Economic Zone begins on or after

the 1st day of April, 2017.”.

42. Insertion of new section 80-IAC.— After

section 80-IAB of the Income-tax Act, the

following section shall be inserted with effect

from the 1st day of April, 2017, namely:—

’80-IAC. Special provision in respect of

specified business.— (1) Where the gross

total income of an assessee, being an

eligible start-up, includes any profits and

gains derived from eligible business, 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 of an amount equal to one

hundred percent. of the profits and gains

derived from such business for three

consecutive assessment years.

(2) The deduction specified in sub-section

(1) may, at the option of the assessee, be

claimed by him for any three consecutive

assessment years out of five years beginning

from the year in which the eligible start-up

is incorporated.

(3) This section applies to a start-up

which fulfils the following conditions,

namely:—

(i) it is not formed by splitting up, or

the reconstruction, of a business already

in existence:

Provided that this condition shall not

apply in respect of a start-up which is

formed as a result of the re-establishment,

reconstruction or revival by the assessee

of the business of any such undertaking

as referred to in section 33B, in the

circumstances and within the period

specified in that section;

(ii) it is not formed by the transfer to a

new business of machinery or plant

previously used for any purpose.

Explanation 1.— For the purposes of

this clause, any machinery or plant

which was used outside India by any

person other than the assessee shall not

be regarded as machinery or plant

previously used for any purpose, if all the

following conditions are fulfilled,

namely:—

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(a) such machinery or plant was not,

at any time previous to the date of the

installation by the assessee, used in

India;

(b) such machinery or plant is

imported into India;

(c) no deduction on account of

depreciation in respect of such

machinery or plant has been allowed

or is allowable under the provisions of

this Act in computing the total income

of any person for any period prior to

the date of the installation of the

machinery or plant by the assessee.

Explanation 2.— Where in the case

of a start-up, any machinery or plant

or any part thereof previously used for

any purpose is transferred to a new

business and the total value of the

machinery or plant or part so

transferred does not exceed twenty per

cent. of the total value of the machinery

or plant used in the business, then, for

the purposes of clause (ii) of this sub-

-section, the condition specified therein

shall be deemed to have been complied

with.

(4) The provisions of sub-section (5) and

sub-sections (7) to (11) of section 80-IA shall

apply to the start-ups for the purpose of

allowing deductions under sub-section (1).

Explanation.— For the purposes of this

section,—

(i) “eligible business” means a

business which involves innovation,

development,

deployment

or

commercialisation of new products,

processes or services driven by

technology or intellectual property;

(ii) “eligible start-up” means a

company or a limited liability partnership

engaged in eligible business which fulfils

the following conditions, namely:—

(a) it is incorporated on or after the

1st day of April, 2016 but before the 1st

day of April, 2019;

(b) the total turnover of its business

does not exceed twenty-five crore

rupees in any of the previous years

beginning on or after the 1st day of

April, 2016 and ending on the 31st day

of March, 2021;

(c) it holds a certificate of eligible

business from the Inter-Ministerial

Board of Certification as notified in

the Official Gazette by the Central

Government; and

(iii)

“limited

liability

partnership”

means

a

partnership referred to in clause

(n) of sub-section (1) of section

2 of the Limited Liability

Partnership Act, 2008.’.

43. Amendment of section 80-IB.— In

section 80-IB of the Income-tax Act, in sub-

section (9), with effect from the 1st day of

April, 2017,—

(a) in clause (ii), after the words, figures

and letters “the 1st day of April, 1997”, the

words, figures and letters “but not later than

the 31st day of March, 2017” shall be

inserted;

(b) in clause (iv) after the words, figures

and letters “the 1st day of April, 2009”, the

words, figures and letters “but not later than

the 31st day of March, 2017” shall be

inserted;

(c) in clause (v), after the words, figures

and letters “the 1st day of April, 2009”, the

words, figures and letters “but not later than

the 31st day of March, 2017” shall be

inserted.

44. Insertion of new section 80-IBA.— After

section 80-IB of the Income-tax Act, the

following section shall be inserted with effect

from the 1st day of April, 2017, namely:—

‘80-IBA. Deductions in respect of profits

and gains from housing projects.— (1)

Where the gross total income of an assessee

includes any profits and gains derived from

the business of developing and building

housing projects, there shall, subject to the

provisions of this section, be allowed, a

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deduction of an amount equal to hundred

per cent. of the profits and gains derived

from such business.

(2) For the purposes of sub-section (1), a

housing project shall be a project which

fulfils the following conditions, namely:—

(a) the project is approved by the

competent authority after the 1st day

of June, 2016, but on or before the 31st

day of March, 2019;

(b) the project is completed within a

period of three years from the date of

approval by the competent authority:

Provided that,—

(i) where the approval in respect of a

housing project is obtained more than

once, the project shall be deemed to have

been approved on the date on which the

building plan of such housing project

was first approved by the competent

authority; and

(ii) the project shall be deemed to have

been completed when a certificate of

completion of project as a whole is

obtained in writing from the competent

authority;

(c) the built-up area of the shops and

other commercial establishments included

in the housing project does not exceed

three per cent of the aggregate built-up

area;

(d) the project is on a plot of land

measuring not less than—

(i) one thousand square metres,

where the project is located within the

cities of Chennai, Delhi, Kolkata or

Mumbai or within the distance,

measured aerially, of twenty-five

kilometres from the municipal limits of

these cities; or

(ii) two thousand square metres,

where the project is located in any

other place;

(e) the project is the only housing

project on the plot of land as specified in

clause (d);

(f) the built-up area of the residential

unit comprised in the housing project

does not exceed—

(i) thirty square metres, where the

project is located within the cities of

Chennai, Delhi, Kolkata or Mumbai or

within the distance, measured aerially,

of twenty-five kilometres from the

municipal limits of these cities; or

(ii) sixty square metres, where the

project is located in any other place;

(g) where a residential unit in the

housing project is allotted to an

individual, no other residential unit in the

housing project shall be allotted to the

individual or the spouse or the minor

children of such individual;

(h) the project utilises—

(i) not less than ninety per cent. of

the floor area ratio permissible in

respect of the plot of land under the

rules to be made by the Central

Government or the State Government

or the local authority, as the case may

be, where the project is located within

the cities of Chennai, Delhi, Kolkata or

Mumbai or within the distance,

measured aerially, of twenty-five

kilometres from the municipal limits of

these cities, or

(ii) not less than eighty per cent. of

such floor area ratio where such

project is located in any place other

than the place referred to in sub-clause

(i); and

(i) the assessee maintains separate

books of account in respect of the housing

project.

(3) Nothing contained in this section shall

apply to any assessee who executes the

housing project as a works-contract

awarded by any person (including the

Central

Government

or

the

State

Government).

(4) Where the housing project is not

completed within the period specified

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under clause (b) of sub-section (2) and in

respect of which a deduction has been

claimed and allowed under this section, the

total amount of deduction so claimed and

allowed in one or more previous years, shall

be deemed to be the income of the assessee

chargeable under the head “Profits and

gains of business or profession” of the

previous year in which the period for

completion so expires.

(5) Where any amount of profits and gains

derived from the business of developing and

building housing projects is claimed and

allowed under this section for any assessment

year, deduction to the extent of such profit and

gains shall not be allowed under any other

provisions of this Act.

(6) For the purposes of this section,—

(a) “built-up area” means the inner

measurements of the residential unit at

the floor level, including projections and

balconies, as increased by the thickness

of the walls, but does not include the

common areas shared with other

residential units, including any open

terrace so shared;

(b) “competent authority” means the

authority empowered to approve the

building plan by or under any law for the

time being in force;

(c) “floor area ratio” means the quotient

obtained by dividing the total covered

area of plinth area on all the floors by the

area of the plot of land;

(d) “housing project” means a project

consisting predominantly of residential

units with such other facilities and

amenities as the competent authority

may approve subject to the provisions of

this section;

(e) “residential unit” means an

independent housing unit with separate

facilities for living, cooking and sanitary

requirements, distinctly separated from

other residential units within the

building, which is directly accessible from

an outer door or through an interior door

in a shared hallway and not by walking

through the living space of another

household.’.

45. Substitution of new section for section

80JJAA.— For section 80JJAA of the Income-

tax Act, the following section shall be

substituted with effect from the 1st day of April,

2017, namely:—

‘80JJAA. Deduction in respect of

employment of new employees.— (1) Where

the gross total income of an assessee to

whom section 44AB applies, includes any

profits and gains derived from business,

there shall, subject to the conditions

specified in sub-section (2), be allowed a

deduction of an amount equal to thirty per

cent. of additional employee cost incurred

in the course of such business in the

previous year, for three assessment years

including the assessment year relevant to

the previous year in which such

employment is provided.

(2) No deduction under sub-section (1)

shall be allowed,—

(a) if the business is formed by splitting

up, or the reconstruction, of an existing

business:

Provided that nothing contained in this

clause shall apply in respect of a business

which is formed as a result of re-establish-

ment, reconstruction or revival by the

assessee of the business in the

circumstances and within the period

specified in section 33B;

(b) if the business is acquired by the

assessee by way of transfer from any

other person or as a result of any business

reorganisation;

(c) unless the assessee furnishes along

with the return of income the report of

the accountant, as defined in the

Explanation to section 288 giving such

particulars in the report as may be

prescribed.

Explanation.— For the purposes of this

section,—

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(i) “additional employee cost” means

the total emoluments paid or payable

to additional employees employed

during the previous year:

Provided that in the case of an

existing business, the additional

employee cost shall be nil, if—

(a) there is no increase in the

number of employees from the total

number of employees employed

as on the last day of the preceding

year;

(b)

emoluments

are

paid

otherwise than by an account payee

cheque or account payee bank

draft or by use of electronic

clearing system through a bank

account:

Provided further that in the first

year of a new business, emoluments

paid or payable to employees

employed during that previous year

shall be deemed to be the additional

employee cost;

(ii) “additional employee” means an

employee who has been employed

during the previous year and whose

employment has the effect of increasing

the total number of employees

employed by the employer as on the

last day of the preceding year, but does

not include—

(a) an employee whose total

emoluments are more than twenty-

-five thousand rupees per month; or

(b) an employee for

whom the entire contri-

bution is paid by the

Government under the

Employees’

Pension

Scheme notified in accor-

dance with the provisions

or the Employees’ Provi-

dent Funds and Misce-

llaneous Provisions Act,

1952; or

(c) an employee employed for a

period of less than two hundred and

forty days during the previous year;

or

(d) an employee who does not

participate in the recognised

provident fund;

(iii) “emoluments” means any sum paid

or payable to an employee in lieu of his

employment by whatever name called,

but does not include—

(a) any contribution paid or

payable by the employer to any

pension fund or provident fund or

any other fund for the benefit of the

employee under any law for the time

being in force; and

(b) any lump-sum payment paid

or payable to an employee at the

time of termination of his service or

superannuation

or

voluntary

retirement, such as gratuity,

severance pay, leave encashment,

voluntary retrenchment benefits,

commutation of pension and the

like.

(3) The provisions of this section, as

they stood immediately prior to their

amendment by the Finance Act, 2016,

shall apply to an assessee eligible to claim

any deduction for any assessment year

commencing on or before the 1st day of

April, 2016.’.

46. Amendment of section 87A.— In section

87A of the Income-tax Act, for the words “two

thousand rupees”, the words “five thousand

rupees” shall be substituted with effect from

the 1st day of April, 2017.

47. Amendment of section 92CA.— In

section 92CA of the Income-tax Act, in

sub-section (3A), the following proviso

shall be inserted with effect from the 1st day

of June, 2016, namely:—

“Provided that in the circumstances

referred to in clause (ii) or clause (x) of

Explanation (1) to section 153, if the period

of limitation available to the Transfer Pricing

19 of 1952.

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Officer for making an order is less than sixty

days, such remaining period shall be

extended to sixty days and the aforesaid

period of limitation shall be deemed to have

been extended accordingly.”.

48. Amendment of section 92D.— In section

92D of the Income-tax Act, with effect from the

1st day of April, 2017,—

(i) in sub-section (1) the following shall

be inserted, namely:—

‘Provided that the person, being a

constituent entity of an international

group, shall also keep and maintain such

information and document in respect of

an international group as may be

prescribed.

Explanation.— For the purposes of this

section,—

(A) “constituent entity” shall have

the meaning assigned to it in clause (d)

of sub-section (9) of section 286;

(B) “international group” shall have

the meaning assigned to it in clause (g)

of sub-section (9) of section 286.’;

(ii) after sub-section (3), the following

sub-section shall be inserted, namely:—

“(4) Without prejudice to the

provisions of sub-section (3), the

person referred to in the proviso to sub-

-section (1) shall furnish the information

and document referred to in the said

proviso to the authority prescribed

under sub-section (1) of section 286, in

such manner, on or before the date, as

may be prescribed.”.

49. Amendment of section 111A.— In

section 111A of the Income-tax Act with effect

from the 1st day of April, 2017.—

(i) in sub-section (1), after the proviso, the

following proviso shall be inserted, namely:—

“Provided further that nothing contained

in clause (b) shall apply to a transaction

undertaken on a recognised stock

exchange located in any International

Financial Services Centre and where the

consideration for such transaction is paid

or payable in foreign currency.”;

(ii) for the Explanation below sub-section

(3), the following shall be substituted,

namely:—

‘Explanation.— For the purposes of this

section,—

(a) “equity oriented fund” shall have

the meaning assigned to it in the

Explanation to clause (38) of section 10;

(b) “International Financial

Services Centre” shall have

the same meaning as assigned

to it in clause (q) of section 2

of the Special Economic Zones

Act, 2005;

(c) “recognised stock exchange”

shall have the meaning assigned to it

in clause (ii) of Explanation 1 to sub-

-section (5) of section 43.’.

50. Amendment of section 112.— In section

112 of the Income-tax Act, in sub-section (1),

in clause (c), in sub-clause (iii), for the words

“unlisted securities”, the words “unlisted

securities or shares of a company not being a

company in which the public are substantially

interested” shall be substituted with effect

from the 1st day of April, 2017.

51. Insertion of new section 115BA.— After

section 115B of the Income-tax Act, with effect

from the 1st day of April, 2017, the following

section shall be inserted, namely:—

“115BA. Tax on income of certain domestic

companies.— (1) Notwithstanding anything

contained in this Act but subject to the

provisions of section 111A and section 112,

the income-tax payable in respect of the

total income of a person, being a domestic

company, for any previous year relevant to

the assessment year beginning on or after

the 1st day of April, 2017, shall, at the

option of such person, be computed at

the rate of twenty-five per cent., if the

conditions contained in sub-section (2) are

satisfied.

28 of 2005.

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(2) For the purposes of sub-section (1), the

following conditions shall apply, namely:—

(a) the company has been set-up and

registered on or after the 1st day of

March, 2016;

(b) the company is not engaged in any

business other than the business of

manufacture or production of any article

or thing and research in relation to, or

distribution of, such article or thing

manufactured or produced by it; and

(c) the total income of the company has

been computed,—

(i) without any deduction under the

provisions of section 10AA or clause

(iia) of sub-section (1) of section 32 or

section 32AC or section 32AD

or section 33AB or section 33ABA or

sub-clause (ii) or sub-clause (iia) or

sub-clause (iii) of sub-section (1) or

sub-section (2AA) or sub-section (2AB)

of section 35 or section 35AC or section

35AD or section 35CCC or section

35CCD or under any provisions of

Chapter VI-A under the heading “C. —

Deductions in respect of certain

incomes” other than the provisions of

section 80JJAA;

(ii) without set off of any loss carried

forward from any earlier assessment

year if such loss is attributable to any

of the deductions referred to in sub-

-clause (i); and

(iii) depreciation under section 32,

other than clause (iia) of sub-section (1)

of the said section, is determined in the

manner as may be prescribed.

(3) The loss referred to in sub-clause (ii)

of clause (c) of sub-section (2) shall be

deemed to have been already given full

effect to and no further deduction for such

loss shall be allowed for any subsequent

year.

(4) Nothing contained in this section shall

apply unless the option is exercised by

the person in the prescribed manner on

or before the due date specified under

sub-section (1) of section 139 for furnishing

the first of the returns of income which the

person is required to furnish under the

provisions of this Act:

Provided that once the option has been

exercised for any previous year, it cannot

be subsequently withdrawn for the same

or any other previous year.

52. Insertion of new section 115 BBDA.—

After section 115BBD of the Income-tax Act,

the following section shall be inserted with

effect from the 1st day of April, 2017, namely:—

‘115BBDA. Tax on certain dividends

received from domestic companies.— (1)

Notwithstanding anything contained in this

Act, where the total income of an assessee,

being an individual, a Hindu undivided

family or a firm, resident in India, includes

any income in aggregate exceeding ten lakh

rupees, by way of dividends declared,

distributed or paid by a domestic company

or companies, the income-tax payable shall

be the aggregate of—

(a) the amount of income-tax

calculated on the income by way of such

dividends in aggregate exceeding ten

lakh rupees, at the rate often per cent.;

and

(b) the amount of income-tax with

which the assessee would have been

chargeable had the total income of the

assessee been reduced by the amount of

income by way of dividends.

(2) No deduction in respect of any

expenditure or allowance or set off of loss

shall be allowed to the assessee under any

provision of this Act in computing the

income by way of dividends referred to in

clause (a) of sub-section (1).

(3) In this section, “dividends” shall have

the same meaning as is given to “dividend”

in clause (22) of section 2 but shall not

include sub-clause (e) thereof.’.

53. Amendment of section 115BBE.— In

section 115BBE of the Income-tax Act, in sub-

-section (2), after the word “allowance”, the

words “or set off of any loss” shall be inserted

with effect from the 1st day of April, 2017.

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54. Insertion of new section 115BBF.— After

section 115BBE of the Income-tax Act, the

following section shall be inserted with effect

from the 1st day of April, 2017, namely:—

‘115BBF. Tax on income from patent.— (1)

Where the total income of an eligible

assessee includes any income by way of

royalty in respect of a patent developed and

registered in India, the income-tax payable

shall be the aggregate of—

(a) the amount of income-tax

calculated on the income by way of

royalty in respect of the patent at the rate

of ten per cent.; and

(b) the amount of income-tax with

which the assessee would have been

chargeable had his total income been

reduced by the income referred to in

clause (a).

(2) Notwithstanding anything contained

in this Act, no deduction in respect of any

expenditure or allowance shall be allowed

to the eligible assessee under any provision

of this Act in computing his income referred

to in clause (a) of sub-section (1).

(3) The eligible assessee may exercise the

option for taxation of income by way of

royalty in respect of a patent developed and

registered in India in accordance with the

provisions of this section, in the prescribed

manner, on or before the due date specified

under sub-section (1) of section 139 for

furnishing the return of income for the

relevant previous year.

(4) Where an eligible assessee opts for

taxation of income by way of royalty in

respect of a patent developed and

registered in India for any previous year in

accordance with the provisions of this

section and the assessee offers the income

for taxation for any of the five assessment

years relevant to the previous year

succeeding the previous year not in

accordance with the provisions of sub-

-section (1), then, the assessee shall not be

eligible to claim the benefit of the provisions

of this section for five assessment years

subsequent to the assessment year relevant

to the previous year in which such income

has not been offered to tax in accordance

with the provisions of sub-section (1).

Explanation.— For the purposes of this

section,—

(a) “developed” means at least

seventy-five per cent. of the

expenditure incurred in India by

the eligible assessee for any

invention in respect of which a

patent is granted under the

Patents Act, 1970 (herein referred

to as the Patents Act);

(b) “eligible assessee” means a person

resident in India and who is a patentee;

(c) “invention” shall have the meaning

assigned to it in clause (j) of sub-section (1)

of section 2 of the Patents Act;

(d) “lump sum” includes an advance

payment on account of such royalties which

is not returnable;

(e) “patent” shall have the meaning

assigned to it in clause (m) of sub-section

(1) of section 2 of the Patents Act;

(f) “patentee” means the person, being

the true and first inventor of the invention,

whose name is entered on the patent

register as the patentee, in accordance with

the Patents Act, and includes every such

person, being the true and first inventor of

the invention, where more than one person

is registered as patentee under that Act in

respect of that patent;

(g) “patented article” and “patented

process” shall have the meanings

respectively assigned to them in clause (o)

of sub-section (1) of section 2 of the Patents

Act;

(h) “royalty”, in respect of a patent,

means consideration (including any lump

sum consideration but excluding any

consideration which would be the income

of the recipient chargeable under the head

“Capital gains” or consideration for sale of

product manufactured with the use of

39 of 1970.

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patented process or the patented article for

commercial use) for the—

(i) transfer of all or any rights (including

the granting of a licence) in respect of a

patent: or

(ii) imparting of any information

concerning the working of, or the use of,

a patent; or

(iii) use of any patent; or

(iv) rendering of any services in

connection with the activities referred to

in sub-clauses (i) to (iii);

(i) “true and first inventor” shall have the

meaning assigned to it in clause (y) of sub-

-section (1) of section 2 of the Patents Act.’.

55. Amendment of section 115JB.— In

section 115JB of the Income-tax Act,—

(I) after sub-section (2),—

(a) in Explanation I, with effect from the

1st day of April, 2017,—

(i) after clause (fc), the following

clause shall be inserted, namely:—

“(fd) the amount or amounts of

expenditure relatable to income by

way of royalty in respect of patent

chargeable to tax under section

115BBF; or”;

(ii) in the long line,—

(A) in clause (iif), for the words

“may be;” occurring at the end, the

words “may be; or” shall be

substituted;

(B) after clause (iif), the following

clause shall be inserted, namely:—

“(iig) the amount of income by

way of royalty in respect of patent

chargeable to tax under section

115BBF;”;

(b) Explanation 4 shall be renumbered

as Explanation 5 thereof and before

Explanation 5 as so renumbered, the

following Explanation shall be inserted

and shall be deemed to have been

inserted with effect from the 1st day of

April, 2001, namely:—

“Explanation 4.— For the removal of

doubts, it is hereby clarified that the

provisions of this section shall not be

applicable and shall be deemed never

to have been applicable to an assessee,

being a foreign company, if—

(i) the assessee is a resident of a

country or a specified territory with

which India has an agreement

referred to in sub-section (1) of

section

90

or

the

Central

Government has adopted any

agreement under sub-section (1) of

section 90A and the assessee does

not have a permanent establishment

in India in accordance with the

provisions of such agreement; or

(ii) the assessee is a resident of a

country with which India does not

have an agreement of the nature

referred to in clause (i) and the

assessee is not required to seek

registration under any law for the

time being in force relating to

companies.”;

(II) after sub-section (6), the following

sub-section shall be inserted with effect

from the 1st day of April, 2017, namely:—

‘(7)

Notwithstanding

anything

contained in sub-section (1), where the

assessee referred to therein, is a unit

located in an International Financial

Services Centre and derives its income

solely in convertible foreign exchange,

the provisions of sub-section (1) shall

have the effect as if for the words

“eighteen and one-half per cent.”

wherever occurring in that sub-section,

the words “nine per cent.” had been

substituted.

Explanation.— For the purposes of this

sub-section,—

(a) “International Financial

Services Centre” shall have

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the same meaning as assigned

to it in clause (q) of section 2

of the Special Economic Zones

Act, 2005;

(b) “unit” means a unit established

in an International Financial Services

Centre;

(c) “convertible foreign

exchange” means a foreign

exchange which is for the

time being treated by the

Reserve Bank of India as

convertible foreign exchange

for the purposes of the

Foreign Exchange Manage-

ment Act, 1999 and the rules

made thereunder.’.

56. Insertion of new Chapter XII-BC.— After

Chapter XII-BB of the Income-tax Act, the

following Chapter shall be inserted with effect

from the 1st day of April, 2017, namely:—

“CHAPTER XII-BC

Special provision relating to Foreign Company

said to be resident in India

115JH. Foreign Company said to be

resident in India.— (1) Where a foreign

company is said to be resident in India in

any previous year and such foreign

company has not been resident in India in

any of the previous years preceding the said

previous year, then, notwithstanding

anything contained in this Act and subject

to the conditions as may be notified by the

Central Government in this behalf, the

provisions of this Act relating to the

computation of total income, treatment of

unabsorbed depreciation, set off or carry

forward and set off of losses, collection and

recovery and special provisions relating to

avoidance of tax shall apply with such

exceptions, modifications and adaptations

as may be specified in that notification for

the said previous year:

Provided that where the determination

regarding foreign company to be resident

in India has been made in the assessment

proceedings relevant to any previous year,

then, the provisions of this sub-section shall

also apply in respect of any other previous

year, succeeding such previous year, if the

foreign company is resident in India in that

previous year and the previous year ends

on or before the date on which such

assessment proceeding is completed.

(2) Where, in a previous year, any benefit,

exemption or relief has been claimed and

granted to the foreign company in

accordance with the provisions of sub-

-section (1), and, subsequently, there is

failure to comply with any of the conditions

specified in the notification issued under

sub-section (1), then,—

(i) such benefit, exemption or relief

shall be deemed to have been wrongly

allowed;

(ii) the Assessing Officer may,

notwithstanding anything contained in

this Act, re-compute the total income of

the assessee for the said previous year

and make the necessary amendment as

if the exceptions, modifications and

adaptations referred to in sub-section (1)

did not apply; and

(iii) the provisions of section 154 shall,

so far as may be, apply thereto and the

period of four years specified in sub-

-section (7) of that section being reckoned

from the end of the previous year in which

the failure to comply with the condition

referred to in sub-section (1) takes place.

(3) Every notification issued under this

section shall be laid before each House of

Parliament.”.

57. Amendment of section 115-O.— In

section 115-0 of the Income-tax Act,—

(a) after sub-section (6), the following

sub-section shall be inserted, with effect

from the 1st day of June, 2016, namely:—

‘(7) No tax on distributed profits shall

be chargeable under this section in

respect of any amount declared,

distributed or paid by the specified

domestic company by way of dividends

28 of 2005.

42 of 1999.

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(whether interim or otherwise) to a

business trust out of its current income

on or after the specified date:

Provided that nothing contained in this

sub-section shall apply in respect of any

amount declared, distributed or paid, at

any time, by the specified domestic

company by way of dividends (whether

interim or otherwise) out of its

accumulated profits and current profits

up to the specified date.

Explanation.— For the purposes of this

sub-section,—

(a) “specified domestic company”

means a domestic company in which a

business trust has become the holder of

whole of the nominal value of equity share

capital of the company (excluding the

equity share capital required to be held

mandatorily by any other person in

accordance with any law for the time

being in force or any directions of

Government or any regulatory authority,

or equity share capital held by any

Government or Government body);

(b) “specified date” means the date of

acquisition by the business trust of such

holding as is referred to in clause (a).’;

(b) after sub-section (7) as so inserted,

the following sub-section shall be inserted

with effect from the 1st day of April, 2017,

namely:—

‘(8)

Notwithstanding

anything

contained in this section, no tax on

distributed profits shall be chargeable in

respect of the total income of a company,

being a unit of an International Financial

Services Centre, deriving income solely

in convertible foreign exchange, for any

assessment year on any amount declared,

distributed or paid by such company, by

way of dividends (whether interim or

otherwise) on or after the 1st day of April,

2017, out of its current income, either in

the hands of the company or the person

receiving such dividend.

Explanation.— For the purposes of this

sub-section,—

(a) “International Financial

Services Centre” shall have

the

same

meaning

as

assigned to it in clause (q) of

section 2 of the Special

Economic Zones Act, 2005;

(b) “unit” means a unit established

in an International Financial Services

Centre, on or after the 1st day of April,

2016;

(c) “convertible foreign

exchange” means foreign

exchange which is for the

time being treated by the

Reserve Bank of India

as

convertible

foreign

exchange for the purposes

of the Foreign Exchange

Management Act, 1999 and

the rules made thereunder.’.

58. Amendment of section 115QA.— In

section 115QA of the Income-tax Act, in sub-

-section (1), in the Explanation, with effect

from the 1st day of June, 2016,—

(a) in clause (i), for the words,

figures and letter “section 77 A of

the Companies Act, 1956”, the

words “any law for the time being

in force relating to companies”

shall be substituted;

(b) in clause (ii), for the words “the

amount which was received by the

company for issue of such shares”, the

words “the amount, which was received by

the company for issue of such shares,

determined in the manner as may be

prescribed” shall be substituted.

59. Amendment of section 115TA.— In

section 115TA of the Income-tax Act, after

sub-section (4), the following sub-section shall

be inserted with effect from the 1st day of June,

2016, namely:—

“(5) Nothing contained in this section

shall apply in respect of any income

distributed by a securitisation trust to its

investors on or after the 1st day of June,

2016.”.

28 of 2005.

42 of 1999.

1 of 1956.

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60. Amendment of section 115TC.— In

section 115TC of the Income-tax Act, in the

Explanation, with effect from the 1st day of

June, 2016,—

(A) in clause (a), after the words “or

securities”, the words “or security receipt”

shall be inserted;

(B) in clause (d),—

(I) in sub-clause (ii), after the words

“Reserve Bank of India,”, the word “;or”

shall be inserted;

(II) after sub-clause (ii) and before the

long line, the following sub-clause shall

be inserted, namely:—

“(iii) trust set-up by a

securitisation company or a

reconstruction

company

formed, for the purposes of

the

Securitisation

and

Reconstruction of Financial

Assets and Enforcement of

Security Interest Act, 2002,

or in pursuance of any

guidelines or directions issued

for the said purposes by the

Reserve Bank of India,”;

(C) after clause (d), the following clause

shall be inserted, namely:—

‘(e) “security receipt” shall

have the same meaning as

assigned to it in clause (zg) of

sub-section (1) of section 2

of the Securitisation and

Reconstruction of Financial

Assets and Enforcement of

Security Interest Act, 2002.’.

61. Insertion of new section 115TCA.— After

section 115TC of the Income-tax Act and

before the Explanation occurring after the said

section, the following section shall be inserted

with effect from the 1st day of April, 2017,

namely:—

“115TCA.

Tax

on

income

from

securitization trusts.— (1) Notwithstanding

anything contained in this Act, any income

accruing or arising to, or received by, a

person, being an investor of a securitisation

trust, out of investments made in the

securitisation trust, shall be chargeable to

income-tax in the same manner as if it were

the income accruing or arising to, or

received by, such person, had the

investments by the securitisation trust been

made directly by him.

(2) The income paid or credited by the

securitisation trust shall be deemed to be

of the same nature and in the same

proportion in the hands of the person

referred to in sub-section (1), as if it had been

received by, or had accrued or arisen to, the

securitisation trust during the previous

year.

(3) The income accruing or arising to, or

received by, the securitisation trust, during

a previous year, if not paid or credited to

the person referred to in sub-section (1),

shall be deemed to have been credited to

the account of the said person on the last

day of the previous year in the same

proportion in which such person would

have been entitled to receive the income had

it been paid in the previous year.

(4) The person responsible for crediting

or making payment of the income on behalf

of securitisation trust and the securitisation

trust shall furnish, within such period, as

may be prescribed, to the person who is

liable to tax in respect of such income and

to the prescribed income-tax authority,

a statement in such form and verified in

such manner, giving details of the nature of

the income paid or credited during the

previous year and such other relevant

details, as may be prescribed.

(5) Any income which has been included

in the total income of the person referred to

in sub-section (1), in a previous year, on

account of it having accrued or arisen in the

said previous year, shall not be included in

the total income of such person in the

previous year in which such income is

actually paid to him by the securitisation

trust.”.

54 of 2002.

54 of 2002.

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62. Insertion of new Chapter XII-EB.— After

Chapter XII-EA of the Income-tax Act, the

following Chapter shall be inserted with effect

from the 1st day of June, 2016, namely:—

‘CHAPTER XII-EB

Special provision relating to Tax on accreted

Income of certain Trusts and Institutions

115TD. Tax on accreted income.— (1)

Notwithstanding anything contained in this

Act, where in any previous year, a trust or

institution registered under section 12AA

has—

(a) converted into any form which is

not eligible for grant of registration under

section 12AA;

(b) merged with any entity other than

an entity which is a trust or institution

having objects similar to it and registered

under section 12AA; or

(c) failed to transfer upon dissolution

all its assets to any other trust or

institution registered under section 12AA

or to any fund or institution or trust or any

university or other educational institution

or any hospital or other medical

institution referred to in sub-clause (iv)

or sub-clause (v) or sub-clause (vi) or

sub-clause (via) of clause (23C) of section

10, within a period of twelve months from

the end of the month in which the

dissolution takes place,

then, in addition to the income-tax chargeable

in respect of the total income of such trust or

institution, the accreted income of the trust or

the institution as on the specified date shall

be charged to tax and such trust or institution,

as the case may be, shall be laible to pay

addtional income-tax (herein referred to as tax

on accreted income) at the maximum

marginal rate on the accreted income.

(2) The accreted income for the purposes of

sub-section (1) means the amount by which

the aggregate fair market value of the total

assets of the trust or the institution, as on

the specified date, exceeds the total liability

of such trust or institution computed in

accordance with the method of valuation as

may be prescribed:

Provided that so much of the accreted

income as is attributable to the following

asset and liability, if any, related to such

asset shall be ignored for the purposes of

sub-section(1), namely:—

(i) any asset which is established to

have been directly acquired by the

trust or institution out of its income of

the nature referred to in clause (1) of

section 10;

(ii) any asset acquired by the trust or

institution during the period beginning

from the date of its creation or

establishment and ending on the date

from which the registration under section

12AA became effective, if the trust or

institution had not been allowed any

benefit of sections 11 and 12 during the

said period:

Provided further that where due to the

first proviso to sub-section (2) of section 12A,

the benefit of sections 11 and 12 have been

allowed to the trust or the institution in

respect of any previous year or years

beginning prior to the date from which the

registration under section 12AA is effective,

then, for the purposes of clause (ii) of the

first proviso, the registration shall be

deemed to have become effective from the

first day of the earliest previous year:

Provided also that while computing the

accreted income in respect of a case referred

to in clause (c) of sub-section (1), assets and

liabilities, if any, related to such asset, which

have been transferred to any other trust or

institution registered under section 12AA

or to any fund or institution or trust or any

university or other educational institution

or any hospital or other medical institution

referred to in sub-clause (iv) or sub-clause

(v) or sub-clause (vi) or sub-clause (via) of

clause (23C) of section 10, within the period

specified in the said clause, shall be ignored.

(3) For the purposes of sub-section (1), a

trust or an institution shall be deemed to

have been converted into any form not

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eligible for registration under section 12AA

in a previous year, if,—

(i) the registration granted to it under

section 12AA has been cancelled; or

(ii) it has adopted or undertaken

modification of its objects which do not

conform to the conditions of registration

and it,—

(a) has not applied for fresh

registration under section 12AA in the

said previous year; or

(b) has filed application for fresh

registration under section 12AA but

the said application has been rejected.

(4) Notwithstanding that no income-tax

is payable by a trust or the institution on its

total income computed in accordance with

the provisions of this Act, the tax on the

accreted income under sub-section (1) shall

be payable by such trust or the institution.

(5) The principal officer or the trustee of

the trust or the institution, as the case may

be, and the trust or the institution shall also

be liable to pay the tax on accreted income

to the credit of the Central Government

within fourteen days from,—

(i) the date on which,-—

(a) the period for filing appeal under

section 253 against the order

cancelling the registration expires and

no appeal has been filed by the trust

or the institution; or

(b) the order in any appeal,

confirming the cancellation of the

registration, is received by the trust or

institution,

in a case referred to in clause (i) of sub-section

(3);

(ii) the end of the previous year in a

case referred to in sub-clause (a) of clause

(ii) of sub-section (3);

(iii) the date on which,—

(a) the period for filing appeal under

section 253 against the order rejecting

the application expires and no appeal

has been filed by the trust or the

institution; or

(b) the order in any appeal,

confirming the cancellation of the

application, is received by the trust

or institution,

in a case referred to in sub-clause

(b) of clause (ii) of sub-section (3);

(iv) the date of merger in a case referred

to in clause (b) of sub-section (1);

(v) the date on which the period of

twelve months referred to in clause (c) of

sub-section (1) expires.

(6) The tax on the accreted income by the

trust or the institution shall be treated as

the final payment of tax in respect of the said

income and no further credit therefor shall

be claimed by the trust or the institution or

by any other person in respect of the

amount of tax so paid.

(7) No deduction under any other

provision of this Act shall be allowed to the

trust or the institution or any other person

in respect of the income which has been

charged to tax under sub-section (1) or the

tax thereon.

Explanation.— For the purposes of this

section,—

(i) “date of conversion” means,—

(a) the date of the order cancelling

the registration under section 12AA,

in a case referred to in clause (i) of

sub-section (3);

or

(b) the date of adoption or

modification of any object, in a

case referred to in clause (ii) of

sub-section (3);

(ii) “specified date” means,—

(a) the date of conversion in a case

falling under clause (a) of sub-

section (1);

(b) the date of merger in a case

falling under clause (b) of sub-

section (1); and

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(c) the date of dissolution in a case

falling under clause (c) of sub-

section (1);

(iii) registration under

section 12AA shall include

any registration obtained

under section 12A as it stood

before its amendment by the

Finance (No. 2) Act, 1996.

115TE. Interest payable for non-payment

of tax by trust or institution.— Where the

principal officer or the trustee of the trust

or the institution and the trust or the

institution fails to pay the whole or any part

of the tax on the accreted income referred

to in sub-section (1) of section 115TD, within

the time allowed under sub-section (5) of

that section, he or it shall be liable to pay

simple interest at the rate of one per cent.

for every month or part thereof on the

amount of such tax for the period beginning

on the date immediately after the last date

on which such tax was payable and ending

with the date on which the tax is actually

paid.

115TF. When trust or institution is deemed

to be assessee in default.— (1) If any

principal officer or the trustee of the trust

or the institution and the trust or the

institution does not pay tax on accreted

income in accordance with the provisions

of section 115TD, then, he or it shall be

deemed to be an assessee in default in

respect of the amount of tax payable by him

or it and all the provisions of this Act for the

collection and recovery of income-tax shall

apply.

(2) Notwithstanding anything contained in

sub-section (1), in a case where the tax on

accreted income is payable under the

circumstances referred to in clause (c) of

sub-section (1) of section 115TD, the person

to whom any asset forming part of the

computation of accreted income under

sub-section (2) thereof has been transferred,

shall be deemed to be an assessee in default

in respect of such tax and interest thereon

and all the provisions of this Act for the

collection and recovery of income-tax shall

apply:

Provided that the liability of the person

referred to in this sub-section shall be limited

to the extent to which the asset received by

him is capable of meeting the liability.’.

63. Amendment of section 115UA.— In

section 115UAofthe Income-tax Act, in

sub-section (3), for the words, brackets,

figures and letters “in clause (23FC)”, the

words, brackets, letters and figures “in sub-

clause (a) of clause (23FC)” shall be

substituted with effect from the 1st day of

April, 2017.

64. Amendment of section 119.— In section

119 of the Income-tax Act, in sub-section (2),

in clause (a), after the figures and letter

“234E”, the figures and letter “270A,” shall

be inserted with effect from the 1st day of April,

2017.

65. Amendment of section 124.— In section

124 of the Income-tax Act, in sub-section (3),

after clause (b), the following clause shall be

inserted with effect from the 1st day of June,

2016, namely:—

“(c) where an action has been taken

under section 132 or section 132A, after the

expiry of one month from the date on

which he was served with a notice

under sub-section (1) of section 153A or

sub-section (2) of section 153C or after the

completion of the assessment, whichever is

earlier.”.

66. Amendment of section 133C.— Section

133C of the Income-tax Act shall be

renumbered as sub-section (1) thereof and

after sub-section (1) as so renumbered,

the following sub-section shall be inserted

with effect from the 1st day of June, 2016,

namely:—

“(2) Where any information or document

has been received in response to a notice

issued under sub-section (1), the

prescribed income-tax authority may

process such information or document and

make available the outcome of such

processing to the Assessing Officer.”.

33 of 1996.

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67. Amendment of section 139.— In section

139 of the Income-tax Act,—

(i) in sub-section (1), in the sixth proviso,

for the words, figures and letter “provisions

of section 10A”, the words, brackets, figures

and letter “provisions of clause (38) of

section 10 or section 10A” shall be

substituted with effect from the 1st day of

April, 2017;

(ii) in sub-section (3), after the words,

brackets and figures “sub-section (2) of

section 73”, the words, brackets, figures

and letter “or sub-section (2) of section 73A”

shall be inserted;

(iii) with effect from the 1st day of April,

2017,—

(a) for sub-section (4), the following

sub-section shall be substituted,

namely:—

“(4) Any person who has not

furnished a return within the time

allowed to him under sub-section (1),

may furnish the return for any previous

year at any time before the end of the

relevant assessment year or before the

completion of the assessment,

whichever is earlier.”;

(b) for sub-section (5), the following

sub-section shall be substituted,

namely:—

“(5) If any person, having furnished

a return under sub-section (1) or sub-

-section (4), discovers any omission or

any wrong statement therein, he may

furnish a revised return at any time

before the expiry of one year from the

end of the relevant assessment year

or before the completion of the

assessment, whichever is earlier.”;

(c) in sub-section (9), in the

Explanation, clause (aa) shall be omitted.

68. Amendment of section 143.— In section

143 of the Income-tax Act,—

(a) with effect from the 1st day of April,

2017,—

(I) in sub-section (1), in clause (a),—

(A) in sub-clause (i), the word “or”

appearing at the end shall be omitted;

(B) after sub-clause (ii), the following

sub-clauses

shall

be

inserted,

namely:—

“(iii) disallowance of loss claimed,

if return of the previous year for

which set off of loss is claimed was

furnished beyond the due date

specified under sub-section (1) of

section 139;

(iv) disallowance of expenditure

indicated in the audit report but not

taken into account in computing the

total income in the return;

(v) disallowance of deduction

claimed under sections 10AA, 80-IA,

80-IAB, 80-IB, 80-IC, 80-ID or section

80-IE, if the return is furnished

beyond the due date specified under

sub-section (1) of section 139; or

(vi) addition of income appearing

in Form 26AS or Form 16A or Form

16 which has not been included in

computing the total income in the

return:

Provided that no such adjustments

shall be made unless an intimation

is given to the assessee of such

adjustments either in writing or in

electronic mode:

Provided further that the response

received from the assessee, if any.

shall be considered before making

any adjustment, and in a case where

no response is received within thirty

days of the issue of such intimation,

such adjustments shall be made;”;

(II) for sub-section (1D), the following

sub-section shall be substituted,

namely:—

“(1D) Notwithstanding anything

contained in sub-section (1), the

processing of a return shall not be

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necessary before the expiry of the

period specified in the second proviso

to sub-section (1), where a notice has

been issued to the assessee under

sub-section (2):

Provided that such return shall be

processed before the issuance of an

order under sub-section (3).”.

(b) for sub-section (2), the following

sub-section shall be substituted with effect

from the 1st day of June, 2016, namely:—

“(2) Where a return has been furnished

under section 139, or in response to a

notice under sub-section (1) of section

142, the Assessing Officer or the

prescribed income-tax authority, as the

case may be, if, considers it necessary or

expedient to ensure that the assessee has

not understated the income or has not

computed excessive loss or has not under-

paid the tax in any manner, shall serve

on the assessee a notice requiring him,

on a date to be specified therein, either

to attend the office of the Assessing

Officer or to produce, or cause to be

produced before the Assessing Officer

any evidence on which the assessee may

rely in support of the return:

Provided that no notice under this

sub-section shall be served on the

assessee after the expiry of six months

from the end of the financial year in which

the return is furnished.”.

69. Amendment of section 147.— In section

147 of the Income-tax Act, in Explanation 2,

after clause (c), the following clause shall be

inserted with effect from the 1st day of June,

2016, namely:—

“(ca) where a return of income has not

been furnished by the assessee or a return

of income has been furnished by him and

on the basis of information or document

received from the prescribed income-tax

authority, under sub-section (2) of section

133C, it is noticed by the Assessing Officer

that the income of the assessee exceeds the

maximum amount not chargeable to tax, or

as the case may be, the assessee has

understated the income or has claimed

excessive loss, deduction, allowance or

relief in the return;”.

70. Substitution of new section for section

153.— For section 153 of the Income-tax Act,

the following section shall be substituted with

effect from the 1st day of June, 2016, namely:—

“153. Time limit for completion of

assessement, reassessment and recom-

putation.— (1) No order of assessment shall

be made under section 143 or section 144

at any time after the expiry of twenty-one

months from the end of the assessment year

in which the income was first assessable.

(2) No order of assessment, reassessment

or recomputation shall be made under

section 147 after the expiry of nine months

from the end of the financial year in which

the notice under section 148 was served.

(3) Notwithstanding anything contained

in sub-sections (1) and (2), an order of fresh

assessment in pursuance of an order under

section 254 or section 263 or section 264,

setting aside or cancelling an assessment,

may be made at any time before the expiry

of nine months from the end of the financial

year in which the order under section 254

is received by the Principal Chief

Commissioner or Chief Commissioner or

Principal Commissioner or Commissioner or,

as the case may be, the order under section

263 or section 264 is passed by the Principal

Commissioner or Commissioner.

(4) Notwithstanding anything contained

in sub-sections (1), (2) and (3), where a

reference under sub-section (1) of section

92CA is made during the course of the

proceeding for the assessment or

reassessment, the period available for

completion of assessment or reassessment,

as the case may be, under the said sub-

sections (1), (2) and (3) shall be extended

by twelve months.

(5) Where effect to an order under section

250 or section 254 or section 260 or section

262 or section 263 or section 264 is to be

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given by the Assessing Officer, wholly or

partly, otherwise than by making a fresh

assessment or reassessment, such effect

shall be given within a period of three

months from the end of the month in which

order under section 250 or section 254 or

section 260 or section 262 is received by the

Principal Chief Commissioner or Chief

Commissioner or Principal Commissioner or

Commissioner, as the case may be, the order

under section 263 or section 264 is passed

by the Principal Commissioner or

Commissioner:

Provided that where it is not possible for

the Assessing Officer to give effect to such

order within the aforesaid period, for

reasons beyond his control, the Principal

Commissioner or Commissioner on receipt

of such request in writing from the

Assessing Officer, if satisfied, may allow an

additional period of six months to give effect

to the order.

(6) Nothing contained in sub-sections (1)

and (2) shall apply to the following classes

of assessments, reassessments and

recomputation which may, subject to the

provisions of sub-sections (3) and (5), be

completed—

(i) where the assessment, reassess-

ment or recomputation is made on the

assessee or any person in consequence

of or to give effect to any finding or

direction contained in an order under

section 250, section 254, section 260,

section 262, section 263, or section 264

or in an order of any court in a

proceeding otherwise than by way of

appeal or reference under this Act, on or

before the expiry of twelve months from

the end of the month in which such order

is received or passed by the Principal

Commissioner or Commissioner, as the

case may be;

or

(ii) where, in the case of a firm, an

assessment is made on a partner of the

firm in consequence of an assessment

made on the firm under section 147, on

or before the expiry of twelve months

from the end of the month in which the

assessment order in the case of the firm

is passed.

(7) Where effect to any order, finding or

direction referred to in sub-section (5) or

sub-section (6) is to be given by the

Assessing Officer, within the time specified

in the said sub-sections, and such order has

been received or passed, as the case may

be, by the income-tax authority specified

therein before the 1st day of June, 2016, the

Assessing Officer shall give effect to such

order, finding or direction, or assess,

reassess or recompute the income of the

assessee, on or before the 31st day of

March, 2017.

(8) Notwithstanding anything contained

in the foregoing provisions of this section,

sub-section (2) of section 153A or sub-

-section (1) of section 153B, the order of

assessment or reassessment, relating to any

assessment year, which stands revived

under sub-section (2) of section 153A, shall

be made within a period of one year from

the end of the month of such revival or

within the period specified in this section

or sub-section (1) of section 153B,

whichever is later.

(9) The provisions of this section as they

stood immediately before the commence-

ment of the Finance Act, 2016, shall apply

to and in relation to any order of assessment,

reassessment or recomputation made

before the 1st day of June, 2016.

Explanation 1.— For the purposes of this

section, in computing the period of limitation—

(i) the time taken in reopening the whole

or any part of the proceeding or in giving

an opportunity to the assessee to be re-

heard under the proviso to section 129; or

(ii) the period during which the

assessment proceeding is stayed by an

order or injunction of any court; or

(iii) the period commencing from the date

on which the Assessing Officer intimates

the Central Government or the prescribed

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authority, the contravention of the

provisions of clause (21) or clause (22B) or

clause (23A) or clause (23B) or sub-clause

(iv) or sub-clause (v) or sub-clause (vi) or

sub-clause (via) of clause (23C) of section

10, under clause (i) of the proviso to sub-

section (3) of section 143 and ending with

the date on which the copy of the order

withdrawing the approval or rescinding

the notification, as the case may be, under

those clauses is received by the Assessing

Officer; or

(iv) the period commencing from the date

on which the Assessing Officer directs the

assessee to get his accounts audited under

sub-section (2A) of section 142 and—

(a) ending with the last date on which

the assessee is required to furnish

a report of such audit under that

sub-section; or

(b) where such direction is challenged

before a court ending with the date on

which the order setting aside such

direction is received by the Principal

Commissioner or Commissioner; or

(v) the period commencing from the date

on which the Assessing Officer makes a

reference to the Valuation Officer under

sub-section (1) of section 142A and ending

with the date on which the report of the

Valuation Officer is received by the

Assessing Officer; or

(vi) the period (not exceeding sixty days)

commencing from the date on which the

Assessing Officer received the declaration

under sub-section (1) of section 158A and

ending with the date on which the order

under sub-section (3) of that section is made

by him; or

(vii) in a case where an application made

before

the

Income-tax

Settlement

Commission is rejected by it or is not allowed

to be proceeded with by it the period

commencing from the date on which an

application is made before the Settlement

Commission under section 245C and ending

with the date on which the order under

sub-section (1) of section 245D is received

by the Principal Commissioner or

Commissioner under sub-section (2) of

that section; or

(viii) the period commencing from the

date on which an application is made before

the Authority for Advance Rulings under

sub-section (1) of section 245Q and ending

with the date on which the order rejecting

the application is received by the Principal

Commissioner or Commissioner under

sub-section (3) of section 245R; or

(ix) the period commencing from the date

on which an application is made before

the Authority for Advance Rulings under

sub-section (1) of section 245Q and ending

with the date on which the advance ruling

pronounced by it is received by the Principal

Commissioner or Commissioner under

sub-section (7) of section 245R; or

(x) the period commencing from the date

on which a reference or first of the

references for exchange of information is

made by an authority competent under an

agreement referred to in section 90 or

section 90A and ending with the date on

which the information requested is last

received by the Principal Commissioner or

Commissioner or a period of one year,

whichever is less; or

(xi) the period commencing from the date

on which a reference for declaration of an

arrangement to be an impermissible

avoidance arrangement is received by the

Principal Commissioner or Commissioner

under sub-section (1) of section 144BA and

ending on the date on which a direction

under sub-section (3) or sub-section (6) or

an order under sub-section (5) of the said

section is received by the Assessing Officer,

shall be excluded:

Provided that where immediately after the

exclusion of the aforesaid period, the period

of limitation referred to in sub-sections (1), (2),

(3) and sub-section (8) available to the

Assessing Officer for making an order of

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assessment, reassessment or recomputation,

as the case may be, is less than sixty days,

such remaining period shall be extended to

sixty days and the aforesaid period of limitation

shall be deemed to be extended accordingly:

Provided further that where the period

available to the Transfer Pricing Officer is

extended to sixty days in accordance with the

proviso to sub-section (3A) of section 92CA

and the period of limitation available to the

Assessing Officer for making an order of

assessment, reassessment or recomputation,

as the case may be, is less than sixty days,

such remaining period shall be extended to

sixty days and the aforesaid period of limitation

shall be deemed to be extended accordingly:

Provided also that where a proceeding

before the Settlement Commission abates

under section 245HA, the period of limitation

available under this section to the Assessing

Officer for making an order of assessment,

reassessment or recomputation, as the case

may be, shall, after the exclusion of the period

under sub-section (4) of section 245HA, be not

less than one year; and where such period of

limitation is less than one year, it shall be

deemed to have been extended to one year;

and for the purposes of determining the period

of limitation under sections 149, 153B, 154, 155

and 158BE and for the purposes of payment of

interest under section 244A, this proviso shall

also apply accordingly.

Explanation 2.— For the purposes of this

section, where by an order referred to in clause

(i) of sub-section (6),—

(a) any income is excluded from the total

income of the assessee for an assessment

year, then, an assessment of such income

for another assessment year shall, for the

purposes of section 150 and this section, be

deemed to be one made in consequence of

or to give effect to any finding or direction

contained in the said order; or

(b) any income is excluded from the total

income of one person and held to be the

income of another person, then, an

assessment of such income on such other

person shall, for the purposes of section 150

and this section, be deemed to be one made

in consequence of or to give effect to any

finding or direction contained in the said

order, if such other person was given an

opportunity of being heard before the said

order was passed.”.

71. Substitution of new section for section

153B.— For section 153B of the Income-tax Act,

the following section shall be substituted with

effect from the 1st day of June, 2016, namely:—

‘153B. Time limit for completion of

assessment under section 153A.— (1)

Notwithstanding anything contained in

section 153, the Assessing Officer shall

make an order of assessment or

reassessment,—

(a) in respect of each assessment year

falling within six assessment years

referred to in clause (b) of sub-section (1)

of section 153A, within a period of twenty-

one months from the end of the financial

year in which the last of the

authorisations for search under section

132 or for requisition under section 132A

was executed;

(b) in respect of the assessment year

relevant to the previous year in which

search is conducted under section 132 or

requisition is made under section 132A,

within a period of twenty-one months

from the end of the financial year in which

the last of the authorisations for search

under section 132 or for requisition under

section 132A was executed:

Provided that in case of other person

referred to in section 153C, the period of

limitation for making the assessment or

reassessment shall be the period as referred

to in clause (a) or clause (b) of this sub-section

or nine months from the end of the financial

year in which books of account or documents

or assets seized or requisitioned are handed

over under section 153C to the Assessing

Officer having jurisdiction over such other

person, whichever is later:

Provided further that in case where the last

of the authorisations for search under section

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132 or for requisition under section 132A was

executed and during the course of the

proceedings

for

the

assessment

or

reassessment of total income, a reference

under sub-section (1) of section 92CA is made,

the provisions of clause (a) or clause (b) of this

sub-section shall have effect as if for the words

“twenty-one months”, the words “thirty-three

months” had been substituted:

Provided also that in case where during the

course of the proceedings for the assessment

or reassessment of total income in case of other

person referred to in section 153C, a reference

under sub-section (1) of section 92CA is made,

the period of limitation for making the

assessment or reassessment in case of such

other person shall be the period of thirty-three

months from the end of the financial year in

which the last of the authorisations for search

under section 132 or for requisition under

section 132A was executed or twenty-one

months from the end of the financial year in

which books of account or documents or

assets seized or requisitioned are handed over

under section 153C to the Assessing Officer

having jurisdiction over such other person,

whichever is later.

(2) The authorisation referred to in clause

(a) and clause (b) of sub-section (1) shall be

deemed to have been executed,—

(a) in the case of search, on the conclusion

of search as recorded in the last panchnama

drawn in relation to any person in whose

case the warrant of authorisation has been

issued; or

(b) in the case of requisition under section

132A, on the actual receipt of the books of

account or other documents or assets by the

Authorised Officer.

(3) The provisions of this section, as they

stood immediately before the commencement

of the Finance Act, 2016, shall apply to and

in relation to any order of assessment

or reassessment made before the 1st day of

June, 2016.

Explanation.— In computing the period of

limitation under this section—

(i) the period during which the

assessment proceeding is stayed by an

order or injunction of any court; or

(ii) the period commencing from the date

on which the Assessing Officer directs the

assessee to get his accounts audited under

sub-section (2A) of section 142 and—

(a) ending with the last date on which

the assessee is required to furnish

a report of such audit under that

sub-section; or

(b) where such direction is challenged

before a court, ending with the date on

which the order setting aside such

direction is received by the Principal

Commissioner or Commissioner; or

(iii) the period commencing from the

date on which the Assessing Officer makes

a reference to the Valuation Officer under

sub-section (1) of section 142A and ending

with the date on which the report of the

Valuation Officer is received by the

Assessing Officer; or

(iv) the time taken in re-opening the

whole or any part of the proceeding or in

giving an opportunity to the assessee of

being re-heard under the proviso to section

129: or

(v) in a case where an application made

before

the

Income-tax

Settlement

Commission is rejected by it or is not allowed

to be proceeded with by it, the period

commencing from the date on which an

application is made before the Settlement

Commission under section 245C and ending

with the date on which the order under

sub-section (1) of section 2450 is received

by the Principal Commissioner or

Commissioner under sub-section (2) of

that section; or

(vi) the period commencing from the date

on which an application is made before the

Authority for Advance Rulings under sub-

-section (1) of section 245Q and ending with

the date on which the order rejecting the

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application is received by the Principal

Commissioner or Commissioner under

sub-section (3) of section 245R; or

(vii) the period commencing from the date

on which an application is made before the

Authority for Advance Rulings under sub-

-section (1) of section 245Q and ending with

the date on which the advance ruling

pronounced by it is received by the Principal

Commissioner or Commissioner under sub-

section (7) of section 245R; or

(viii) the period commencing from the

date of annulment of a proceeding or order

of assessment or reassessment referred to

in sub-section (2) of section 153A, till the

date of the receipt of the order setting aside

the order of such annulment, by the

Principal Commissioner or Commissioner;

or

(ix) the period commencing from the date

on which a reference or first of the

references for exchange of information is

made by an authority competent under an

agreement referred to in section 90 or

section 90A and ending with the date on

which the information requested is last

received by the Principal Commissioner or

Commissioner or a period of one year,

whichever is less; or

(x) the period commencing from the date

on which a reference for declaration of an

arrangement to be an impermissible

avoidance arrangement is received by the

Principal Commissioner or Commissioner

under sub-section (1) of section 144BA and

ending on the date on which a direction

under sub-section (3) or sub-section (6) or

an order under sub-section (5) of the said

section is received by the Assessing Officer,

shall be excluded:

Provided that where immediately after the

exclusion of the aforesaid period, the period

of limitation referred to in clause (a) or clause

(b) of this sub-section available to the

Assessing Officer for making an order of

assessment or reassessment, as the case may

be, is less than sixty days, such remaining

period shall be extended to sixty days and the

aforesaid period of limitation shall be deemed

to be extended accordingly:

Provided further that where the period

available to the Transfer Pricing Officer is

extended to sixty days in accordance with the

proviso to sub-section (3A) of section 92CA

and the period of limitation available to the

Assessing Officer for making an order of

assessment or reassessment, as the case may

be, is less than sixty days, such remaining

period shall be extended to sixty days and the

aforesaid period of limitation shall be deemed

to be extended accordingly.’.

72. Amendment of section 192A.— In

section 192A of the Income-tax Act, in the first

proviso, for the words “thirty thousand

rupees”, the words “fifty thousand rupees”

shall be substituted with effect from the 1st

day of June, 2016.

73. Amendment of section 194BB.— In

section 194BB of the Income-tax Act, for the

words “five thousand rupees”, the words

“ten thousand rupees” shall be substituted

with effect from the 1st day of June, 2016.

74. Amendment of section 194C.— In

section 194C of the Income-tax Act, in sub-

-section (5), in the proviso, for the words

“seventy-five thousand rupees”, the words

“one lakh rupees” shall be substituted with

effect from the 1st day of June, 2016.

75. Amendment of section 194D.— In

section 194D of the Income-tax Act, in the

second proviso, for the words “twenty

thousand rupees”, the words “fifteen

thousand rupees” shall be substituted with

effect from the 1st day of June, 2016.

76. Amendment of section 194DA.— In

section 194DA of the Income-tax Act, for the

words “two per cent.”, the words “one per

cent.” shall be substituted with effect from the

1st day of June, 2016.

77. Amendment of section 194EE.— In

section 194EE of the Income-tax Act, for the

words “twenty per cent.”, the words “ten per

cent.” shall be substituted with effect from the

1st day of June, 2016.

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78. Amendment of section 194G.— In section

194G of the Income-tax Act, in sub-section (1),

with effect from the 1st day of June, 2016,—

(i) for the words “one thousand rupees”,

the words “fifteen thousand rupees” shall

be substituted;

(ii) for the words “ten per cent.”, the

words “five per cent.” shall be substituted.

79. Amendment of section 194H.— In

section 194H of the Income-tax Act, with effect

from the 1st day of June, 2016,—

(i) for the words “ten per cent.”, the

words “five per cent.” shall be substituted;

(ii) in first proviso, for the words “five

thousand rupees”, the words “fifteen

thousand rupees” shall be substituted.

80. Omission of sections 194K.— Section

194K and section 194L of the Income-tax Act

shall be omitted with effect from the 1st day of

June, 2016.

81. Amendment of section 194LA.— In

section 194LA of the Income-tax Act, in the

proviso, for the words “two hundred

thousand rupees”, the words “two lakh and

fifty thousand rupees” shall be substituted

with effect from the 1st day of June, 2016.

82. Amendment of section 194LBA.— In

section 194LBA of the Income-tax Act, with

effect from the 1st day of June, 2016,—

(i) in sub-section (1), for the words,

brackets, figures and letters “in clause

(23FC)”, the words, brackets, figures and

letters “in sub-clause (a) of clause (23FC)”

shall be substituted;

(ii) in sub-section (2), for the words,

brackets, figures and letters “in clause

(23FC)”, the words, brackets, figures and

letters “in sub-clause (a) of clause (23FC)”

shall be substituted.

83. Amendment of section 194LBB.— In

section 194LBB of the Income-tax Act, for the

words “deduct income-tax thereon at the rate

often per cent.”, the following shall be

substituted with effect from the 1st day of June,

2016, namely:—

“deduct income-tax thereon,—

(i) at the rate of ten per cent., where the

payee is a resident;

(ii) at the rates in force, where the payee

is a non-resident (not being a company) or

a foreign company:

Provided that where the payee is a non-

-resident (not being a company) or a foreign

company, no deduction shall be made in

respect of any income that is not chargeable

to tax under the provisions of the Act.”.

84. Insertion of new section 194LBC.— After

section 194LBB of the Income-tax Act, the

following section shall be inserted with effect

from the 1st day of June, 2016, namely:—

‘194LBC. Income in respect of investment

in securitisation trust.— (1) Where any

income is payable to an investor, being a

resident, in respect of an investment in a

securitisation trust specified in clause (d)

of the Explanation occurring after section

115TCA, the person responsible for making

the payment shall, at the time of credit of

such income to the account of the payee or

at the time of payment thereof in cash or by

issue of a cheque or draft or by any other

mode, whichever is earlier, deduct income-

-tax thereon, at the rate of—

(i) twenty-five per cent., if the payee is

an individual or a Hindu undivided,

family:

(ii) thirty per cent., if the payee is any

other person.

(2) Where any income is payable to an

investor, being a non-resident (not being a

company) or a foreign company, in respect

of an investment in a securitisation trust

specified in clause (d) of the Explanation

occurring after section 115TCA, the person

responsible for making the payment shall,

at the time of credit of such income to the

account of the payee or at the time of

payment thereof in cash or by issue of a

cheque or draft or by any other mode,

whichever is earlier, deduct income-tax

thereon, at the rates in force.

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Explanation.— For the purposes of this

section,—

(a) “investor” shall have the meaning

assigned to it in clause (a) of the

Explanation occurring after section

115TCA;

(b) where any income as aforesaid is

credited to any account, whether called

“suspense account” or by any other

name, in the books of account of the

person liable to pay such income, such

crediting shall be deemed to be the credit

of such income to the account of the

payee, and the provisions of this section

shall apply accordingly.’.

85. Amendment of section 197.— In section

197 of the Income-tax Act, in sub-section (1),

after the figures and letters “194LA”, the

figures and letters “,194LBB, 194LBC” shall be

inserted with effect from the 1st day of June,

2016.

86. Amendment of section 197A.— In

section 197A of the Income-tax Act, with effect

from the 1st day of June, 2016,—

(a) in sub-section (1A), after the word,

figures and letters “section 194DA” at both

the places where they occur, the words,

figures and letter “or section 194-I” shall be

inserted;

(b) in sub-section (1C), after the word,

figures and letters “section 194EE” at both

the places where they occur, the words,

figures and letter “or section 194-I” shall be

inserted.

87. Amendment of section 206AA.— In

section 206AA of the Income-tax Act, for sub-

section (7), the following sub-section shall be

substituted with effect from the 1st day of June,

2016, namely:—

“(7) The provisions of this section shall

not apply to a non-resident, not being a

company, or to a foreign company, in respect

of—

(i) payment of interest on long-term

bonds as referred to in section 194LC;

and

(ii) any other payment subject to such

conditions as may be prescribed.”.

88. Amendment of section 206C.— In

section 206C of the Income-tax Act, with effect

from the 1st day of June, 2016,—

(i) in sub-section (1D),—

(A) after the words “or jewellery”, the

words “or any other goods (other than

bullion or jewellery) or providing any

service” shall be inserted;

(B) in clause (ii), for the word

“rupees.”, the words “rupees; or” shall

be substituted;

(C) after clause (ii), the following

clause shall be inserted, namely:—

“(iii) for any goods, other than those

referred to in clauses (i) and (ii), or any

service,

exceeds

two

hundred

thousand rupees:

Provided that no tax shall be

collected at source under this sub-

-section on any amount on which tax

has been deducted by the payer under

Chapter XVII-B.”;

(ii) after sub-section (1D), the following

sub-sections shall be inserted, namely:—

“(1E) Nothing contained in sub-section

(1D) in relation to sale of any goods (other

than bullion or jewellery) or providing

any service shall apply to such class of

buyers who fulfil such conditions, as may

be prescribed.

(1F) Every person, being a seller, who

receives any amount as consideration for

sale of a motor vehicle of the value

exceeding ten lakh rupees, shall, at the

time of receipt of such amount, collect

from the buyer, a sum equal to one per

cent of the sale consideration as income-

tax.”;

(iii) after sub-section (11), in the

Explanation,—

(A) in clause (aa), in sub-clause (ii),

after the word, brackets, figure and letter

“sub-section (1D)”, the words, brackets,

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figure and letter “or sub-section (1F)”

shall be inserted;

(B) in cluase (c), after the word “sold”,

the words, brackets, figure and letter “or

services referred to in sub-section (1D)

are provided” shall be inserted.”.

89. Amendment of section 211.— In section

211 of the Income-tax Act, for sub-section (1),

the following sub-section shall be substituted

with effect from the 1st day of June, 2016,

namely:—

TABLE

Due date of instalment

Amount payable

On or before the 15th June

Not less than fifteen per cent. of such advance tax.

On or before the 15th September

Not less than forty-five per cent. of such advance

tax, as reduced by the amount, if any, paid in the

earlier instalment.

On or before the 15th December

Not less than seventy-five per cent. of such advance

tax, as reduced by the amount or amounts, if any,

paid in the earlier instalment or instalments.

On or before the 15th March

The whole amount of such advance tax, as reduced

by the amount or amounts, if any, paid in the earlier

instalment or instalments;

“(1) Advance tax on the current income

calculated in the manner laid down in

section 209 shall be payable by—

(a) all the assessees, other than the

assessee referred to in clause (b), who are

liable to pay the same, in four instalments

during each financial year and the due

date of each instalment and the amount

of such instalment shall be as specified

in the Table below:

(b) an eligible assessee in respect of an

eligible business referred to in section

44AD, to the extent of the whole amount

of such advance tax during each financial

year on or before the 15th March:

Provided that any amount paid by way of

advance tax on or before the 31st day of

March shall also be treated as advance tax

paid during the financial year ending on that

day for all the purposes of this Act.”,

90. Amendment of section of 220.— In

section 220 of the Income-tax Act, in sub-

section (2A), after clause (iii), the following

provisos shall be inserted with effect from the

1st day of June, 2016, namely:—

“Provided that the order accepting or

rejecting the application of the assessee,

either in full or in part, shall be passed

within a period of twelve months from the

end of the month in which the application

is received:

Provided further that no order rejecting

the application, either in full or in part, shall

be passed unless the assessee has been

given an opportunity of being heard:

Provided also that where any application

is pending as on the 1st day of June, 2016,

the order shall be passed on or before the

31st day of May, 2017.”.

91. Amendment of section of 234C.— In

section 234C of the Income-tax Act, in sub-

-section (1), with effect from the 1st day of

June, 2016,—

(i) for clause (a), the following clause shall

be substituted, namely:—

“(a) an assessee, other than an eligible

assessee in respect of the eligible

business referred to in section 44AD, who

is liable to pay advance tax under section

208 has failed to pay such tax or—

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(i) the advance tax paid by such

assessee on its current income on or

before the 15th day of June is less than

fifteen per cent. of the tax due on the

returned income or the amount of such

advance tax paid on or before the 15th

day of September is less than forty-five

per cent. of the tax due on the returned

income or the amount of such advance

tax paid on or before the 15th day of

December is less than seventy-five per

cent. of the tax due on the returned

income, then, the assessee shall be

liable to pay simple interest at the rate

of one per cent per month for a period

of three months on the amount of the

shortfall from fifteen per cent. or forty-

five per cent. or seventy-five per cent.,

as the case may be, of the tax due on

the returned income;

(ii) the advance tax paid by the

assessee on the current income on or

before the 15th day of March is less

than the tax due on the returned

income, then, the assessee shall be

liable to pay simple interest at the rate

of one per cent. on the amount of the

shortfall from the tax due on the

returned income:

Provided that if the advance tax paid by

the assessee on the current income, on or

before the 15th day of June or the 15th day

of September, is not less than twelve per

cent. or, as the case may be, thirty-six per

cent. of the tax due on the returned income,

then, the assessee shall not be liable to pay

any interest on the amount of the shortfall

on those dates;”;

(ii) in clause (b), for the portion

beginning with the words “the assessee,

other than a company” and ending with

the words “shortfall from the tax due on

the returned income”, the following shall

be substituted, namely:—

“an eligible assessee in respect of

the eligible business referred to in

section 44AD, who is liable to pay

advance tax under section 208 has

failed to pay such tax or the advance

tax paid by the assessee on its current

income on or before the 15th day of

March is less than the tax due on the

returned income, then, the assessee

shall be liable to pay simple interest at

the rate of one per cent. on the amount

of the shortfall from the tax due on the

returned income;”;

(iii) in the first proviso, below clause

(b)—

(I) in clause (b), for the word and

figure “section 2”, the words and figure

“section 2; or” shall be substituted;

(II) after clause (b), the following

clause shall be inserted, namely:—

‘(c) income under the head

“Profits and gains of business or

profession” in cases where the

income accrues or arises under the

said head for the first time,’;

(III) in the long line, for the words,

brackets and letter “or clause (b)”, the

words, brackets and letters “or clause

(b) or clause (c)” shall be substituted.

92. Amendment of section 244A.— In

section 244A of the Income-tax Act, with effect

from the 1st day of June, 2016,—

(A) in sub-section (1), for clause(a), the

following clauses shall be substituted,

namely:—

“(a) where the refund is out of any tax

collected at source under section 206C

or paid by way of advance tax or treated

as paid under section 199, during the

financial year immediately preceding the

assessment year, such interest shall be

calculated at the rate of one-half per cent.

for every month or part of a month

comprised in the period,—

(i) from the 1st day of April of the

assessment year to the date on which

the refund is granted, if the return of

income has been furnished on or before

the due date specified under sub-

-section (1) of section 139; or

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(ii) from the date of furnishing of

return of income to the date on which

the refund is granted, in a case not

covered under sub-clause (i);

(aa) where the refund is out of any tax

paid under section 140A, such interest shall

be calculated at the rate of one-half per cent.

for every month or part of a month

comprised in the period, from the date of

furnishing of return of income or payment

of tax, whichever is later, to the date on

which the refund is granted:

Provided that no interest under clause (a)

or clause (aa) shall be payable, if the amount

of refund is less than ten per cent. of the tax

as determined under sub-section (1) of

section 143 or on regular assessment;”;

(B) after sub-section (1), the following

sub-section shall be inserted, namely:—

“(1A) In a case where a refund arises as

a result of giving effect to an order under

section 250 or section 254 or section 260 or

section 262 or section 263 or section 264,

wholly or partly, otherwise than by making

a fresh assessment or reassessment, the

assessee shall be entitled to receive, in

addition to the interest payable under sub-

-section (1), an additional interest on such

amount of refund calculated at the rate of

three per cent. per annum, for the period

beginning from the date following the date

of expiry of the time allowed under sub-

-section (5) of section 153 to the date on

which the refund is granted.”;

(C) in sub-section (2), after the words

“interest is payable”, the words, brackets,

figures and letter “under sub-sections (1)

or (1A)” shall be inserted.

93. Amendment of section 249.— In section

249 of the Income-tax Act, in sub-section (2),

in clause (b), with effect from the 1st day of

April, 2017,—

(i) in the proviso, for the words “excluded,

or” occurring at the end, the word

“excluded:” shall be substituted;

(ii) after the proviso, the following proviso

shall be inserted, namely:—

“Provided further that where an

application has been made under sub-

-section (1) of section 270AA, the period

beginning from the date on which the

application is made, to the date on which

the order rejecting the application is

served on the assessee, shall be

excluded, or”.

94. Amendment of section 252.— In section

252 of the Income-tax Act, with effect from the

1st day of June, 2016,—

(a) in sub-section (3), in clause (b), the

words “the Senior Vice-President or” shall

be omitted;

(b) sub-section (4A) shall be omitted;

(c) in sub-section (5), the words “Senior

Vice-President or a” shall be omitted.

95. Amendment of section 253.— In section

253 of the Income-tax Act,—

(A) in sub-section (1), with effect from the

1st day of April, 2017,—

(i) in clause (a), after the word and

figures “section 250,”, the word, figures

and letter “section 270A,” shall be

inserted;

(ii) in clause (c), after the words and

figures “or under section 263”, the

words, figures and letter “or under

section 270A” shall be inserted;

(B) with effect from the 1st day of June,

2016,—

(a) sub-section (2A) and sub-section

(3A) shall be omitted;

(b) for sub-section (4), the following

sub-section shall be substituted

namely:—

“(4) The Assessing Officer or the

assessee, as the case may be, on

receipt of notice that an appeal against

the order of the Commissioner

(Appeals), has been preferred under

sub-section (1) or sub-section (2) by the

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other party, may, notwithstanding that

he may not have appealed against

such order or any part thereof, within

thirty days of the receipt of the notice,

file a memorandum of cross-objections,

verified in the prescribed manner,

against any part of the order of the

Commissioner (Appeals), and such

memorandum shall be disposed of by

the Appellate Tribunal as if it were an

appeal presented within the time

specified in sub-section (3).”;

(C) in sub-section (6), for the proviso, the

following proviso shall be substituted and

shall be deemed to have been substituted

with effect from the 1st day of July, 2012,

namely:—

“Provided that no fee shall be payable

in the case of an appeal referred to in sub-

section (2), or, sub-section (2A) as it stood

before its amendment by the Finance Act,

2016, or, a memorandum of cross-

objections referred to in sub-section (4).”.

96. Amendment of section 254.— In section

254 of the Income-tax Act, with effect from the

1st day of June, 2016,—

(a) in sub-section (2), for the words “four

years from the date of the order”, the words

“six months from the end of the month in

which the order was passed” shall be

substituted;

(b) in sub-section (2A), the words,

brackets, figure and letter “or sub-section

(2A)” shall be omitted.

97. Amendment of section 255.— In section

255 of the Income-tax Act, in sub-section (3),

for the words “fifteen lakh rupees”, the words

“fifty lakh rupees” shall be substituted with

effect from the 1st day of June, 2016.

98. Insertion of new section 270A.— After

section 270 of the Income-tax Act [as it stood

immediately before its omission by section 105

of the Direct Tax Laws (Amendment) Act,

1987], the following section shall be inserted

with effect from the 1st day of April, 2017,

namely:—

‘270A. Penalty for under-reporting and

misreporting of income.— (1) The Assessing

Officer or the Commissioner (Appeals)

or

the

Principal

Commissioner

or

Commissioner may, during the course of any

proceedings under this Act, direct that any

person who has under-reported his income

shall be liable to pay a penalty in addition

to tax, if any, on the under-reported income.

(2) A person shall be considered to have

under-reported his income, if—

(a) the income assessed is greater than

the income determined in the return

processed under clause (a) of sub-section

(1) of section 143;

(b) the income assessed is greater than

the maximum amount not chargeable to

tax where no return of income has been

furnished;

(c) the income reassessed is greater

than the income assessed or reassessed

immediately before such reassessment;

(d) the amount of deemed total income

assessed or reassessed as per the

provisions of section 115JB or section

115JC, as the case may be, is greater than

the deemed total income determined in

the return processed under clause (a) of

sub-section (1) of section 143;

(e) the amount of deemed total income

assessed as per the provisions of section

115JB or section 115JC is greater than the

maximum amount not chargeable to tax

where no return of income has been filed;

(f) the amount of deemed total income

reassessed as per the provisions of

section 115JB or section 115JC, as the

case may be, is greater than the deemed

total income assessed or reassessed

immediately before such reassessment;

(g) the income assessed or reassessed

has the effect of reducing the loss or

converting such loss into income.

(3) The amount of under-reported income

shall be,—

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(i) in a case where income has been

assessed for the first time.—

(a) if return has been furnished, the

difference between the amount of

income assessed and the amount of

income determined under clause (a) of

sub-section (1) of section 143;

(b) in a case where no return has

been furnished,—

(A) the amount of income

assessed, in the case of a company,

firm or local authority; and

(B) the difference between the

amount of income assessed and the

maximum amount not chargeable to

tax, in a case not covered in item (A);

(ii) in any other case, the difference

between the amount of income

reassessed or recomputed and the

amount of income assessed, reassessed

or recomputed in a preceding order:

Provided that where under-reported

income arises out of determination of

deemed total income in accordance with

the provisions of section 115JB or section

115JC, the amount of total under-reported

income shall be determined in accordance

with the following formula—

(A—B) + (C—D)

where,

A = the total income assessed as per the

provisions other than the provisions

contained in section 115JB or section 115JC

(herein called general provisions);

B = the total income that would have

been chargeable had the total income

assessed as per the general provisions been

reduced by the amount of under-reported

income;

C = the total income assessed as per the

provisions contained in section 115JB or

section 115JC;

D= the total income that would have been

chargeable had the total income assessed

as per the provisions contained in section

115JB or section 115JC been reduced by the

amount of under-reported income:

Provided further that where the amount of

under-reported income on any issue is

considered both under the provisions

contained in section 115JB or section 115JC

and under general provisions, such amount

shall not be reduced from total income

assessed while determining the amount under

item D.

Explanation.— For the purposes of this

section,—

(a) “preceding order” means an order

immediately preceding the order during

the course of which the penalty under

sub-section (1) has been initiated;

(b) in a case where an assessment or

reassessment has the effect of reducing

the loss declared in the return or

converting that loss into income, the

amount of under-reported income shall

be the difference between the loss

claimed and the income or loss, as the

case may be, assessed or reassessed.

(4) Subject to the provisions of sub-

section (6), where the source of any receipt,

deposit or investment in any assessment

year is claimed to be an amount added to

income or deducted while computing loss,

as the case may be, in the assessment of

such person in any year prior to the

assessment year in which such receipt,

deposit or investment appears (hereinafter

referred to as “preceding year”) and no

penalty was levied for such preceding year,

then, the under-reported income shall

include such amount as is sufficient to cover

such receipt, deposit or investment.

(5) The amount referred to in sub-section

(4) shall be deemed to be amount of income

under-reported for the preceding year in

the following order—

(a) the preceding year immediately

before the year in which the receipt,

deposit or investment appears, being the

first preceding year; and

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(b) where the amount added or

deducted in the first preceding year is not

sufficient to cover the receipt, deposit or

investment, the year immediately

preceding the first preceding year and

so on.

(6) The under-reported income, for the

purposes of this section, shall not include

the following, namely:—

(a) the amount of income in respect of

which the assessee offers an explanation

and the Assessing Officer or the

Commissioner

(Appeals)

or

the

Commissioner

or

the

Principal

Commissioner, as the case may be, is

satisfied that the explanation is bona fide

and the assessee has disclosed all the

material facts to substantiate the

explanation offered;

(b) the amount of under-reported

income determined on the basis of an

estimate, if the accounts are correct and

complete to the satisfaction of the

Assessing Officer or the Commissioner

(Appeals) or the Commissioner or the

Principal Commissioner, as the case may

be, but the method employed is such that

the income cannot properly be deduced

therefrom;

(c) the amount of under-reported

income determined on the basis of an

estimate, if the assessee has, on his own,

estimated a lower amount of addition or

disallowance on the same issue, has

included such amount in the computation

of his income and has disclosed all the

facts material to the addition or

disallowance;

(d) the amount of under-reported

income represented by any addition

made in conformity with the arm’s length

price determined by the Transfer Pricing

Officer, where the assessee had

maintained information and documents

as prescribed under section 92D,

declared the international transaction

under Chapter X, and, disclosed all the

material facts relating to the transaction;

and

(e) the amount of undisclosed income

referred to in section 271AAB.

(7) The penalty referred to in sub-section

(1) shall be a sum equal to fifty per cent. of

the amount of tax payable on under-

reported income.

(8) Notwithstanding anything contained

in sub-section (6) or sub-section (7), where

under-reported income is in consequence

of any misreporting thereof by any person,

the penalty referred to in sub-section (1)

shall be equal to two hundred per cent. of

the amount of tax payable on under-

reported income.

(9) The cases of misreporting of income

referred to in sub-section (8) shall be the

following, namely:—

(a) misrepresentation or suppression of

facts;

(b) failure to record investments in the

books of account;

(c)

claim

of

expenditure

not

substantiated by any evidence;

(d) recording of any false entry in the

books of account;

(e) failure to record any receipt in books

of account having a bearing on total

income; and

(f) failure to report any international

transaction or any transaction deemed to

be an international transaction or any

specified domestic transaction, to which

the provisions of Chapter X apply.

(10) The tax payable in respect of the

under-reported income shall be—

(a) where no return of income has

been furnished and the income has been

assessed for the first time, the amount of

tax calculated on the under-reported

income as increased by the maximum

amount not chargeable to tax as if it were

the total income;

(b) where the total income determined

under clause (a) of sub-section (I) of

section 143 or assessed, reassessed or

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recomputed in a preceding order is a loss,

the amount of tax calculated on the under-

reported income as if it were the total

income;

(c) in any other case, determined in

accordance with the formula—

(X—Y)

where,

X = the amount of tax calculated on

the under-reported income as increased

by the total income determined under

clause (a) of sub-section (1) of section 143

or total income assessed, reassessed or

recomputed in a preceding order as if it

were the total income; and

Y = the amount of tax calculated on

the total income determined under clause

(a) of sub-section (1) of section 143 or total

income

assessed,

reassessed

or

recomputed in a preceding order.

(11) No addition or disallowance of an

amount shall form the basis for imposition

of penalty, if such addition or disallowance

has formed the basis of imposition of penalty

in the case of the person for the same or

any other assessment year.

(12) The penalty referred to in sub-section

(1) shall be imposed, by an order in writing,

by the Assessing Officer, the Commissioner

(Appeals), the Commissioner or the

Principal Commissioner, as the case

may be.’.

99. Insertion of new section 270AA.— After

section 270A of the Income-tax Act as so

inserted, the following section shall be

inserted with effect from the 1st day of April,

2017, namely:–

“270AA. Immunity from imposition of

penalty etc.— (1) An assessee may make an

application to the Assessing Officer to grant

immunity from imposition of penalty under

section 270A and initiation of proceedings

under section 276C or section 276CC, if he

fulfils the following conditions, namely:—

(a) the tax and interest payable as per

the order of assessment or reassessment

under sub-section (3) of section 143 or

section 147, as the case may be, has been

paid within the period specified in such

notice of demand; and

(b) no appeal against the order referred

to in clause (a) has been filed.

(2) An application referred to in sub-

-section (1) shall be made within one month

from the end of the month in which the order

referred to in clause (a) of sub-section (1)

has been received and shall be made in such

form and verified in such manner as may

be prescribed.

(3) The Assessing Officer shall, subject

to fulfilment of the conditions specified in

sub-section (1) and after the expiry of the

period of filing the appeal as specified in

clause (b) of sub-section (2) of section 249,

grant immunity from imposition of penalty

under section 270A and initiation of

proceedings under section 276C or section

276CC, where the proceedings for penalty

under section 270A has not been initiated

under the circumstances referred to in

sub-section (9) of the said section 270A.

(4) The Assessing Officer shall, within a

period of one month from the end of the

month in which the application under sub-

-section (1) is received, pass an order

accepting or rejecting such application:

Provided that no order rejecting the

application shall be passed unless the

assessee has been given an opportunity of

being heard.

(5) The order made under sub-section (4)

shall be final.

(6) No appeal under section 246A or an

application for revision under section 264

shall be admissible against the order of

assessment or reassessment, referred to in

clause (a) of sub-section (1), in a case where

an order under sub-section (4) has been

made accepting the application.”.

100. Amendment of section 271.— In section

271 of the Income-tax Act, after sub-section

(6), the following sub-section shall be inserted

with effect from the 1st day of April, 2017,

namely:—

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“(7) The provisions of this section shall

not apply to and in relation to any

assessment for the assessment year

commencing on or after the 1st day of April,

2017.”.

101. Amendment of section 271A.— In

section 271A of the Income-tax Act, after the

words “Without prejudice to the provisions

of’, the words, figures and letter “section 270A

or” shall be inserted with effect from the 1st

day of April, 2017.

102. Amendment of section 271AA.— In the

Income-tax Act, with effect from the 1st day

of April, 2017, section 271AA shall be

renumbered as sub-section (1) thereof and,—

(a) in sub-section (1) as so renumbered,

after the words “Without prejudice to the

provisions of’, the word, figures and letter

“section 270A or” shall be inserted;

(b) after sub-section (1) as so

renumbered, the following sub-section shall

be inserted, namely:—

“(2) If any person fails to furnish the

information and the document as

required under sub-section (4) of section

92D, the prescribed income-tax authority

referred to in the said sub-section may

direct that such person shall pay, by way

of penalty, a sum of five hundred

thousand rupees.”.

103. Amendment of section 271AAB.— In

section 271AAB of the Income-tax Act, with

effect from the 1st day of April, 2017,—

(a) in sub-section (1), in clause (c), for the

words “which shall not be less than thirty

per cent. but which shall not exceed ninety

per cent.”, the words “computed at the rate

of sixty per cent.” shall be substituted;

(b) in sub-section (2), after the words “No

penalty under the provisions of’, the words,

figures and letter “section 270A or” shall

be inserted.

104. Insertion of new section 271GB.— After

section 271 GA of the Income-tax Act, the

following section shall be inserted with effect

from the 1st day of April, 2017,—

“271GB. Penalty for failure to furnish

report or for furnishing inaacurate report

under section 286.— (1) If any reporting

entity referred to in section 286, which is

required to furnish the report referred to in

sub-section (2) of the said section, in respect

of a reporting accounting year, fails to do

so, the authority prescribed under that

section (herein referred to as prescribed

authority) may direct that such entity shall

pay, by way of penalty, a sum of,—

(a) five thousand rupees for every day

for which the failure continues, if the

period of failure does not exceed one

month; or

(b) fifteen thousand rupees for every

day for which the failure continues

beyond the period of one month.

(2) Where any reporting entity referred

to in section 286 fails to produce the

information and documents within the

period allowed under sub-section (6) of the

said section, the prescribed authority may

direct that such entity shall pay, by way of

penalty, a sum of five thousand rupees for

every day during which the failure

continues, beginning from the day

immediately following the day on which the

period for furnishing the information and

document expires.

(3) If the failure referred to in sub-section

(1) or sub-section (2) continues after an

order has been served on the entity,

directing it to pay the penalty under sub-

-section (1) or, as the case may be, under

sub-section (2), then, notwithstanding

anything contained in sub-section (1) or sub-

-section (2), the prescribed authority may

direct that such entity shall pay, by way of

penalty, a sum of fifty thousand rupees for

every day for which such failure continues

beginning from the date of service of

such order.

(4) Where a reporting entity referred to

in section 286 provides inaccurate

information in the report furnished in

accordance with sub-section (2) of the said

section and where—

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(a) the entity has knowledge of the

inaccuracy at the time of furnishing the

report but fails to inform the prescribed

authority; or

(b) the entity discovers the inaccuracy

after the report is furnished and fails to

inform the prescribed authority and

furnish correct report within a period of

fifteen days of such discovery; or

(c) the entity furnishes inaccurate

information or document in response to

the notice issued under sub-section (6)

of section 286,

then, the prescribed authority may direct that

such person shall pay, by way of penalty, a

sum of five lakh rupees.”.

105. Amendment of section 272A.— In

section 272A of the Income-tax Act, with effect

from the 1st day of April, 2017,—

(i) in sub-section (1),—

(a) in clause (c), for the words “place

or time,”, the words “place or time; or”

shall be substituted;

(b) after clause (c) and before the long

line, the following clause shall be

inserted, namely:—

“(d) fails to comply with a notice

under sub-section (1) of section 142 or

sub-section (2) of section 143 or fails to

comply with a direction issued under

sub-section (2A) of section 142,”;

(ii) in sub-section (3), after clause (a),

the following clause shall be inserted,

namely:—

“(aa) in a case falling under clause

(d) of sub-section (1), by the income-

tax authority who had issued the notice

or direction referred to therein;”.

106. Amendment of section 273A.— In

section 273A of the Income-tax Act,—

(i) with effect from the 1st day of April,

2017,—

(a) in sub-section (1),—

(I) in clause (ii), after the words “or

imposable on a person under”, the

words, figures and letter “section 270A

or” shall be inserted;

(II) in the Explanation, after the

words “as not to attract the provisions

of ”, the words, figures and letter

“section 270A or” shall be inserted;

(b) in sub-section (2), in clause (b),

after the words “if in a case falling

under”, the words, figures and letter

“section 270A or” shall be inserted;

(ii) after sub-section (4), the following

sub-section shall be inserted with effect

from the 1st day of June, 2016, namely:—

“(4A) The order under sub-section (4),

either accepting or rejecting the

application in full or in part, shall be

passed within a period of twelve months

from the end of the month in which the

application under the said sub-section is

received by the Principal Commissioner

or the Commissioner:

Provided that no order rejecting the

application, either in full or in part, shall

be passed unless the assessee has been

given an opportunity of being heard:

Provided further that where any

application is pending as on the 1st day

of June, 2016, the order shall be passed

on or before the 31st day of May, 2017.”.

107. Amendment of section 273AA.— In

section 273AA of the Income-tax Act, after

sub-section (3), the following sub-section

shall be inserted with effect from the 1st day

of June, 2016, namely:—

“(3A) The order under sub-section (3),

either accepting or rejecting the application

in full or in part, shall be passed within a

period of twelve months from the end of the

month in which the application under the

said sub-section is received by the Principal

Commissioner or the Commissioner:

Provided that no order rejecting the

application, either in full or in part, shall be

passed unless the assessee has been given

an opportunity of being heard:

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Provided further that where any

application is pending as on the 1st day of

June, 2016, the order shall be passed on or

before the 31st day of May, 2017.”.

108. Amendment of section 273B.— In

section 273B of the Income-tax Act, after the

word, figures and letters “section 271 GA,”,

the word, figures and letters “section 271

G B,” shall be inserted with effect from the 1st

day of April, 2017.

109. Amendment of section 276C.— In

section 276C of the Income-tax Act, with effect

from the 1st day of April, 2017, in sub-section

(1),—

(a) in the opening portion, for the words

“or imposable”, the words “or imposable,

or under-reports his income,” shall be

substituted;

(b) in clause (i), after the words “amount

sought to be evaded”, the words “or tax

on under-reported income” shall be

substituted.

110. Amendment of section 279.— In section

279 of the Income-tax Act, in sub-section (1A),

after the words “or imposable on him under”,

the words, figures and letter “section 270A or”

shall be inserted with effect from the 1st day

of April, 2017.

111. Amendment of section 281B.— In

section 281B of the Income-tax Act, with effect

from the 1st day of June, 2016,—

(a) in sub-section (1), the Explanation

shall be omitted;

(b) after sub-section (2), the following

sub-sections shall be inserted, namely:—

‘(3) Where the assessee furnishes a

guarantee from a scheduled bank for an

amount not less than the fair market value

of the property provisionally attached

under sub-section (1), the Assessing

Officer shall, by an order in writing,

revoke such attachment:

Provided that where the Assessing Officer

is satisfied that a guarantee from a

scheduled bank for an amount lower than

the fair market value of the property is

sufficient to protect the interests of the

revenue, he may accept such guarantee

and revoke the attachment.

(4) The Assessing Officer may, for the

purposes of determining the value of the

property provisionally attached under

sub-section (1), make a reference to the

Valuation Officer referred to in section

142A, who shall estimate the fair market

value of the property in the manner

provided under that section and submit

a report of the estimate to the Assessing

Officer within a period of thirty days from

the date of receipt of such reference.

(5) An order revoking the provisional

attachment under sub-section (3) shall be

made—

(i) within forty-five days from the date

of receipt of the guarantee, where a

reference to the Valuation Officer has

been made under sub-section (4); or

(ii) within fifteen days from the date

of receipt of guarantee in any other

case.

(6) Where a notice of demand

specifying a sum payable is served upon

the assessee and the assessee fails to pay

that sum within the time specified in the

notice of demand, the Assessing Officer

may invoke the guarantee furnished

under sub-section (3), wholly or in part,

to recover the amount.

(7) The Assessing Officer shall, in the

interests of the revenue, invoke the bank

guarantee, if the assessee fails to renew

the guarantee referred to in sub-section

(3), or fails to furnish a new guarantee

from a scheduled bank for an equal

amount, fifteen days before the expiry of

the guarantee referred to in sub-section

(3).

(8) The amount realised by

invoking the guarantee referred

to in sub-section (3) shall be

adjusted against the existing

demand which is payable by

the assessee and the balance

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amount, if any, shall be

deposited in the Personal

Deposit Account of the Principal

Commissioner or Commissioner

in the branch of the Reserve

Bank of India or the State Bank

of India or of its subsidiaries or

any bank as may be appointed

by the Reserve Bank of India as

its agent under the provisions

of sub-section (1) of section 45

of the Reserve Bank of India

Act, 1934 at the place where

the office of the Principal

Commissioner or Commissioner

is situate.

(9) Where the Assessing Officer is satisfied

that the guarantee referred to in sub-section

(3) is not required any more to protect the

interests of the revenue, he shall release that

guarantee forthwith.

Explanation.—

For

the

purposes of this section, the

expression “scheduled bank”

shall mean a bank included in

the Second Schedule to the

Reserve Bank of India Act,

1934.’.

112. Amendment of section 282A.— In

section 282A of the Income-tax Act, in

sub-section (1), for the words “signed in

manuscript by that authority”, the words

“signed and issued in paper form or

communicated in electronic form by that

authority in accordance with such procedure

as may be prescribed” shall be substituted

with effect from the 1st day of June, 2016.

113. Insertion of new section 286.— After

section 285BA of the Income-tax Act, the

following section shall be inserted with effect

from the 1st day of April, 2017, namely:—

‘286. Furnishing of report in respect of

international group.— (1) Every constituent

entity resident in India, shall, if it is

constituent of an international group, the

parent entity of which is not resident in

India, notify the prescribed income-tax

authority (herein referred to as prescribed

authority) in the form and manner, on or

before such date, as may be prescribed,—

(a) whether it is the alternate reporting

entity of the international group; or

(b) the details of the parent entity or

the alternate reporting entity, if any, of the

international group, and the country or

territory of which the said entities are

resident.

(2) Every parent entity or the alternate

reporting entity, resident in India, shall, for

every reporting accounting year, in respect

of the international group of which it is a

constituent, furnish a report, to the

prescribed authority on or before the due

date specified under sub-section (1) of

section 139, for furnishing the return of

income for the relevant accounting year, in

the form and manner as may be prescribed.

(3) For the purposes of sub-section (2), the

report in respect of an international group

shall include,—

(a) the aggregate information in

respect of the amount of revenue, profit

or loss before income-tax, amount of

income-tax paid, amount of income-tax

accrued, stated capital, accumulated

earnings, number of employees and

tangible assets not being cash or cash

equivalents, with regard to each country

or territory in which the group operates;

(b) the details of each constituent entity

of the group including the country

or territory in which such constituent

entity is incorporated or organised or

established and the country or territory

where it is resident;

(c) the nature and details of the main

business activity or activities of each

constituent entity; and

(d) any other information as may be

prescribed.

(4) A constituent entity of an international

group, resident in India, other than the

entity referred to in sub-section (2), shall

furnish the report referred to in the said

sub-section, in respect of the international

group for a reporting accounting year, if the

2 of 1934.

2 of 1934.

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parent entity is resident of a country or

territory,—

(a) with which India does not have an

agreement providing for exchange of

the report of the nature referred to in

sub-section (2); or

(b) there has been a systemic failure of

the country or territory and the said

failure has been intimated by the

prescribed authority to such constituent

entity:

Provided that where there are more than

one such constituent entities of the group,

resident in India, the report shall be

furnished by anyone constituent entity, if,—

(a) the international group has

designated such entity to furnish the

report in accordance with the provisions

of sub-section (2) on behalf of all the

constituent entities resident in India; and

(b) the information has been conveyed

in writing on behalf of the group to the

prescribed authority.

(5) Nothing contained in sub-section (4)

shall apply, if, an alternate reporting entity

of the international group has furnished a

report of the nature referred to in sub-

-section (2), with the tax authority of the

country or territory in which such entity is

resident, on or before the date specified in

the said sub-section and the following

conditions are satisfied, namely:—

(a) the report is required to be

furnished under the law for the time

being in force in the said country or

territory;

(b) the said country or territory has

entered into an agreement with India

providing for exchange of the said report;

(c) the prescribed authority has not

conveyed any systemic failure in respect

of the said country or territory to any

constituent entity of the group that is

resident in India;

(d) the said country or territory has

been informed in writing by the

constituent entity that it is the alternate

reporting entity on behalf of the

international group; and

(e) the prescribed authority has been

informed by the entities referred to in

sub-section (4) in accordance with

sub-section (1).

(6) The prescribed authority may, for the

purposes of determining the accuracy of the

report furnished by any reporting entity, by

issue of a notice in writing, require the entity

to produce such information and document

as may be specified in the notice within

thirty days of the date of receipt of the notice:

Provided that the prescribed authority

may, on an application made by such entity,

extend the period of thirty days by a further

period not exceeding thirty days.

(7) The provisions of this section shall not

apply in respect of an international group

for an accounting year, if the total

consolidated group revenue, as reflected in

the consolidated financial statement for

the accounting year preceding such

accounting year does not exceed the

amount, as may be prescribed.

(8) The provisions of this section shall be

applied in accordance with such guidelines

and subject to such conditions, as may be

prescribed.

(9) For the purposes of this section,—

(a) “accounting year” means,—

(i) a previous year, in a case where

the parent entity or alternate reporting

entity is resident in India; or

(ii) an annual accounting period,

with respect to which the parent entity

of the international group prepares its

financial statements under any law for

the time being in force or the applicable

accounting standards of the country or

territory of which such entity is

resident, in any other case;

(b) “agreement” means an agreement

referred to in sub-section (1) of section 90

or sub-section (1) of section 90A or any

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agreement as may be notified by the Central

Government in this behalf;

(c) “alternate reporting entity” means

any constituent entity of the international

group that has been designated by such

group, in the place of the parent entity, to

furnish the report of the nature referred to

in sub-section (2) in the country or territory

in which the said constituent entity is

resident on behalf of such group;

(d) “constituent entity” means,—

(i) any separate entity of an

international group that is included in the

consolidated financial statement of the

said group for financial reporting

purposes, or may be so included for the

said purpose, if the equity share of any

entity of the international group were to

be listed on a stock exchange;

(ii) any such entity that is excluded

from the consolidated financial statement

of the international group solely on the

basis of size or materiality; or

(iii) any permanent establishment of

any separate business entity of the

international group included in clause (i)

or clause (ii), if such business unit

prepares a separate financial statement

for such permanent establishment for

financial reporting, regulatory, tax

reporting or internal management

control purposes;

(e) “group” includes a parent entity and

all the entities in respect of which, for the

reason of ownership or control, a

consolidated financial statement for

financial reporting purposes,—

(i) is required to be prepared under any

law for the time being in force or the

accounting standards of the country or

territory of which the parent entity is

resident; or

(ii) would have been required to be

prepared had the equity shares of any of

the enterprises were listed on a stock

exchange in the country or territory of

which the parent entity is resident;

(f) “consolidated financial statement”

means the financial statement of an

international group in which the assets,

liabilities, income, expenses and cash flows

of the parent entity and the constituent

entities are presented as those of a single

economic entity;

(g) “international group” means any

group that includes,—

(i) two or more enterprises which are

resident of different countries or

territories; or

(ii) an enterprise, being a resident of

one country or territory, which carries on

any business through a permanent

establishment in other countries or

territories;

(h) “parent entity” means a constituent”

entity, of an international group holding,

directly or indirectly, an interest in one or

more of the other constituent entities of the

international group, such that,—

(i) it is required to prepare a

consolidated financial statement under

any law for the time being in force or the

accounting standards of the country or

territory of which the entity is resident;

or

(ii) it would have been required to

prepare a consolidated financial

statement had the equity shares of any of

the enterprises were listed on a stock

exchange,

and, there is no other constituent entity

of such group which, due to ownership of

any interest, directly or indirectly, in the

first mentioned constituent entity,

is required to prepare a consolidated

financial

statement,

under

the

circumstances referred to in clause (i) or

clause (ii), that includes the separate

financial statement of the first mentioned

constituent entity;

(i) “permanent establishment” shall

have the meaning assigned to it in clause

(iiia) of section 92F;

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(j) “reporting accounting year” means

the accounting year in respect of which the

financial and operational results are

required to be reflected in the report

referred to in sub-section (2);

(k) “reporting entity” means the

constituent entity including the parent

entity or the alternate reporting entity, that

is required to furnish a report of the nature

referred to in sub-section (2);

(l) “systemic failure” with respect to a

country or territory means that the country

or territory has an agreement with India

providing for exchange of report of the

nature referred to in sub-section (2), but—

(i) in violation of the said agreement,

it has suspended automatic exchange; or

(ii)

has

persistently

failed

to

automatically provide to India the report

in its possession in respect of any

international group having a constituent

entity resident in India.’.

114. Amendment of section 288.— In section

288 of the Income-tax Act, in sub-section (4),

in clause (b), after the word and figures

“section 271”, the words, brackets, letters and

figures “clause (d) of sub-section (1) of section

272A or” shall be inserted with effect from the

1st day of April, 2017.

115. Amendment of Fourth Schedule.— In

the Fourth Schedule to the Income-tax Act, in

Part A, with effect from the 1st day of April,

2017, in rule 8,—

(i) in clause (iii), for the words “such other

employer” occurring at the end, the words

“such other employer; or” shall be

substituted;

(ii) after clause (iii) and before the

Explanation, the following clause shall be

inserted, namely:—

“(iv) if the entire balance standing to

the credit of the employee is transferred

to his account under a pension scheme

referred to in section 80CCD and notified

by the Central Government.”.

CHAPTER IV

Indirect Taxes

Customs

116. Amendment of section 2.— In

the Customs Act, 1962 (hereinafter

referred to as the Customs Act), in

section 2,—

(i) for clause (43), the following clause

shall be substituted, namely:—

‘(43) “warehouse” means a public

warehouse licensed under section 57 or

a private warehouse licensed under

section 58 or a special warehouse

licensed under section 58A;’;

(ii) clause (45) shall be omitted.

117. Amendment of chapter heading of

Chapter III.— In the Customs Act, in Chapter

III, for the chapter heading, the following

chapter heading shall be substituted,

namely:—

“APPOINTMENT OF CUSTOMS PORTS,

AIRPORTS, ETC.”

118. Omission of section 9.— In the Customs

Act, section 9 shall be omitted.

119. Amendment of section 25.— In the

Customs Act, in section 25,—

(i) for sub-section (4), the following sub-

-section shall be substituted, namely:—

(4) Every notification issued under

sub-section (1) or sub-section (2A) shall,

unless otherwise provided, come into

force on the date of its issue by the Central

Government for publication in the Official

Gazette.”;

(ii) sub-section (5) shall be omitted.

120. Amendment of section 28.— In the

Customs Act, in section 28,—

(a) in the marginal heading, for the words

“duties not levied or short-levied”, the

words “duties not levied or not paid or

short-levied or short-paid” shall be

substituted;

(b) in sub-section (1),—

52 of 1962.

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(i) in the opening paragraph, for the

words “duty has not been levied or has

been short-levied”, the words “duty has

not been levied or not paid or has been

short-levied or short-paid” shall be

substituted;

(ii) in clause (a)—

(A) for the words “one year”, the

words

“two

years”

shall

be

substituted;

(B) after the words “so levied”, the

words “or paid” shall be inserted;

(c) in sub-section (3), for the words “one

year”, the words “two years” shall be

substituted;

(d) in sub-section (4),—

(i) in the opening paragraph, for the

words “levied or has been short-levied”, the

words “levied or not paid or has been short-

-levied or short-paid” shall be substituted;

(ii) in the long line, for the words “so

levied”, the words “so levied or not paid”

shall be substituted;

(e) in sub-section (5), for the words “duty

has not been levied or has been short-levied”,

the words “duty has not been levied or not

paid or has been short-levied or short-paid”

shall be substituted;

(f) in sub-section (6), in item (ii), for the

words “one year”, the words “two years”

shall be substituted;

(g) in sub-section (7), for the words “one

year”, the words “two years” shall be

substituted;

(h) in Explanation 1, in clause (a), for the

words “not levied”, the words “not levied or

not paid or short-levied or short-paid” shall

be substituted.

121. Amendment of section 47.— In the

Customs Act, in section 47,—

(a) in sub-section (1), the following

proviso shall be inserted, namely:—

“Provided that the Central Government

may, by notification in the Official Gazette,

permit certain class of importers to make

deferred payment of said duty or any

charges in such manner as may be

provided by rules.”;

(b) in sub-section (2), for the portion

beginning with the words “Where the

importer” and ending with the words

“payment of the said duty”, the following

shall be substituted, namely:—

“Where the importer fails to pay the

import duty, either in full or in part,

within two days (excluding holidays)—

(a) from the date on which the bill of

entry is returned to him for payment of

duty; or

(b) in the case of deferred payment

under the proviso to sub-section (1),

from such due date as may be specified

by rules made in this behalf,

he shall pay interest on the duty not paid or

short-paid till the date of its payment, at such

rate, not below ten per cent. and not

exceeding thirty-six per cent. per annum, as

may be fixed by the Central Government, by

notification in the Official Gazette.”.

122. Amendment of section 51.— In the

Customs Act, section 51 shall be renumbered

as sub-section (1) thereof, and—

(a) in sub-section (1) as so renumbered,

the following proviso shall be inserted,

namely:—

“Provided that the Central Government

may, by notification in the Official Gazette,

permit certain class of exporters to make

deferred payment of said duty or any

charges in such manner as may be

provided by rules.”;

(b) after sub-section (1) as so

renumbered, the following sub-section shall

be inserted, namely:—

“(2) Where the exporter fails to pay the

export duty, either in full or in part, under

the proviso to sub-section (1) by such due

date as may be specified by rules, he shall

pay interest on said duty not paid or

short-paid till the date of its payment at

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such rate, not below five per cent. and

not exceeding thirty-six per cent. per

annum, as may be fixed by the Central

Government, by notification in the Official

Gazette.”.

123. Substitution of new section for section

53.— In the Customs Act, for section 53, the

following section shall be substituted,

namely:—

“53. Transit of certain goods without

payment of duty.— Subject to the

provisions of section 11, where any goods

imported in a conveyance and mentioned

in the import manifest or the import report,

as the case may be, as for transit in the same

conveyance to any place outside India or to

any customs station, the proper officer may

allow the goods and the conveyance to

transit without payment of duty, subject to

such conditions, as may be prescribed.”.

124. Substitution of new section for section

57.— In the Customs Act. for section 57, the

following section shall be substituted,

namely:—

“57. Licensing of public warehouse.—

The Principal Commissioner of Customs or

Commissioner of Customs may, subject to

such conditions as may be prescribed,

licence a public warehouse wherein

dutiable goods may be deposited.”.

125. Substitution of new sections 58, 58A

and 58B for section 58.— In the Customs Act,

for section 58, the following sections shall be

substituted, namely:—

“58. Licensing of private ware-houses.—

The Principal Commissioner of Customs or

Commissioner of Customs may, subject to

such conditions as may be prescribed,

licence a private warehouse wherein

dutiable goods imported by or on behalf of

the licensee may be deposited.

58A. Licensing of special ware-houses.—

(1) The Principal Commissioner of Customs

or Commissioner of Customs may, subject

to such conditions as may be prescribed,

licence a special warehouse wherein

dutiable goods may be deposited and such

warehouse shall be caused to be locked by

the proper officer and no person shall enter

the warehouse or remove any goods

therefrom without the permission of the

proper officer.

(2) The Board may, by notification in the

Official Gazette, specify the class of goods

which shall be deposited in the special

warehouse licensed under sub-section (1).

58B. Cancellation of licence.— (1) Where

a licensee contravenes any of the provisions

of this Act or the rules or regulations made

thereunder or breaches any of the

conditions of the licence, the Principal

Commissioner of Customs or Commissioner

of Customs may cancel the licence granted

under section 57 or section 58 or section

58A:

Provided that before any licence is

cancelled, the licensee shall be given a

reasonable opportunity of being heard.

(2) The Principal Commissioner of

Customs or Commissioner of Customs may,

without prejudice to any pther action that

may be taken against the licensee and the

goods under this Act or any other law for

the time being in force, suspend operation

of the warehouse during the pendency of

an enquiry under sub-section (1).

(3) Where the operation of a warehouse

is suspended under sub-section (2),

no

goods

shall

be

deposited

in

such warehouse during the period of

suspension:

Provided that the provisions of this

Chapter shall continue to apply to the goods

already deposited in the warehouse.

(4) Where the licence issued under

section 57 or section 58 or section 58A is

cancelled, the goods warehoused shall,

within seven days from the date on which

order of such cancellation is served on the

licensee or within such extended period as

the proper officer may allow, be removed

from such warehouse to another warehouse

or be cleared for home consumption or

export:

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Provided that the provisions of this

Chapter shall continue to apply to the goods

already deposited in the warehouse till they

are removed to another warehouse or

cleared for home consumption or for export,

during such period.”.

126. Substitution of new section for section

59.— In the Customs Act, for section 59, the

following section shall be substituted,

namely:—

“59. Warehousing bond.— (1) The

importer of any goods in respect of which a

bill of entry for warehousing has been

presented under section 46 and assessed

to duty under section 17 or section 18 shall

execute a bond in a sum equal to thrice the

amount of the duty assessed on such goods,

binding himself—

(a) to comply with all the provisions of

the Act and the rules and regulations

made thereunder in respect of such

goods;

(b) to pay, on or before the date

specified in the notice of demand, all

duties and interest payable under sub-

section (2) of section 61; and

(c) to pay all penalties and fines

incurred for the contravention of the

provisions of this Act or the rules or

regulations, in respect of such goods.

(2) For the purposes of sub-section (1), the

Assistant Commissioner of Customs or

Deputy Commissioner of Customs may

permit an importer to execute a general

bond in such amount as the Assistant

Commissioner of Customs or Deputy

Commissioner of Customs may approve in

respect of the warehousing of goods to be

imported by him within a specified period.

(3) The importer shall in addition to the

execution of a bond under sub-section (1)

or sub-section (2), furnish such security as

may be prescribed.

(4) Any bond executed under this section

by an importer in respect of any goods shall

continue to be in force notwithstanding the

transfer of the goods to another warehouse.

(5) Where the whole of the goods or any

part thereof are transferred to another

person, the transferee shall execute a bond

in the manner specified in sub-section (1)

or sub-section (2) and furnish security as

specified under sub-section (3).”.

127. Substitution of new section for section

60.— In the Customs Act, for section 60, the

following section shall be substituted,

namely:—

“60. Permission for removal of goods for

deposit in warehouse.— (1) When the

provisions of section 59 have been complied

with in respect of any goods, the proper

officer may make an order permitting

removal of the goods from a customs station

for the purpose of deposit in a warehouse.

(2) Where an order is made under sub-

-section (1), the goods shall be deposited in

a warehouse in such manner as may be

prescribed.”.

128. Substitution of new section for section

61.— In the Customs Act, for section 61, the

following section shall be substituted,

namely:—

‘61. Period for which goods may remain

warehoused.— (1) Any warehoused goods

may remain in the warehouse in which they

are deposited or in any warehouse to which

they may be removed,—

(a) in the case of capital goods intended

for use in any hundred per cent. export

oriented undertaking or electronic

hardware technology park unit or

software technology park unit or any

warehouse wherein manufacture or

other operations have been permitted

under section 65, till their clearance from

the warehouse;

(b) in the case of goods other than

capital goods intended for use in any

hundred per cent. export oriented

undertaking or electronic hardware

technology park unit or software

technology park unit or any warehouse

wherein manufacture or other operations

have been permitted under section 65, till

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their consumption or clearance from the

warehouse; and

(c) in the case of any other goods, till

the expiry of one year from the date on

which the proper officer has made an

order under sub-section (1) of section 60:

Provided that in the case of any goods

referred to in this clause, the Principal

Commissioner of Customs or Commissioner

of Customs may, on sufficient cause being

shown, extend the period for which the

goods may remain in the warehouse, by not

more than one year at a time:

Provided further that where such goods

are likely to deteriorate, the period referred

to in the first proviso may be reduced by

the Principal Commissioner of Customs or

Commissioner of Customs to such shorter

period as he may deem fit.

(2) Where any warehoused goods

specified in clause (c) of sub-section (1)

remain in a warehouse beyond a period of

ninety days from the date on which the

proper officer has made an order under sub-

-section (1) of section 60, interest shall be

payable at such rate as may be fixed by the

Central Government under section 47, on

the amount of duty payable at the time of

clearance of the goods, for the period from

the expiry of the said ninety days till the date

of payment of duty on the warehoused

goods:

Provided that if the Board considers it

necessary so to do, in the public interest, it

may,—

(a)

by

order,

and

under

the

circumstances of an exceptional nature,

to be specified in such order, waive the

whole or any part of the interest payable

under this section in respect of any

warehoused goods;

(b) by notification in the Official

Gazette, specify the class of goods in

respect of which no interest shall be

charged under this section;

(c) by notification in the Official Gazette,

specify the class of goods in respect of

which the interest shall be chargeable

from the date on which the proper officer

has made an order under sub-section (1)

of section 60.

Explanation.— For the purposes of this

section,—

(i) “electronic hardware technology

park unit” means a unit established under

the Electronic Hardware Technology Park

Scheme notified by the Government of

India;

(ii) “hundred per cent. export

oriented undertaking” has the

same meaning as in clause (ii)

of Explanation 2 to sub-

-section (1) of section 3 of the

Central Excise Act, 1944; and

(iii) “software technology park unit”

means a unit established under the

Software Technology Park Scheme

notified by the Government of India.’.

129. Omission of sections 62 and 63.— In

the Customs Act, sections 62 and 63 shall be

omitted.

130. Substitution of new section for section

64.— In the Customs Act, for section 64, the

following section shall be substituted,

namely:—

“64. Owner’s right to deal with

warehoused goods.— The owner of any

warehoused goods may, after warehousing

the same,–

(a) inspect the goods;

(b) deal with their containers in such

manner as may be necessary to prevent

loss or deterioration or damage to the

goods;

(c) sort the goods; or

(d) show the goods for sale.”.

131. Amendment of section 65.— In the

Customs Act, in section 65, in sub-section (1),

for the words “With the sanction of the

Assistant Commissioner of Customs or Deputy

Commissioner of Customs and subject to such

1 of 1944.

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conditions and on payment of such fees”, the

words “With the permission of the Principal

Commissioner of Customs or Commissioner of

Customs and subject to such conditions” shall

be substituted.

132. In the Customs Act, in section 68,—

(i) in the opening paragraph, for the

words “The importer of any warehoused

goods may clear them”, the words “Any

warehoused goods may be cleared from the

warehouse” shall be substituted;

(ii) for clause (b), the following clause

shall be substituted, namely:—

“(b) the import duty, interest, fine and

penalties payable in respect of such

goods have been paid; and”;

(iii) in the first proviso, the words “rent,

interest, other charges and” shall be

omitted.

133. Amendment of section 69.— In the

Customs Act, in section 69.—

(i) in the marginal heading, for the word

“exportation”, the word “export” shall be

substituted;

(ii) in sub-section (1),—

(A) for clause (b), the following clause

shall be substituted, namely:—

“(b) the export duty, fine and

penalties payable in respect of such

goods have been paid; and”;

(B) in clause (c), for the word

“exportation”, the word “export” shall be

substituted.

134. Amendment of section 71.— In the

Customs Act, in section 71, for the word

“re-exportation”, the word “export” shall be

substituted.

135. Amendment of section 72.— In the

Customs Act, in section 72,—

(a) in sub-section (1),—

(i) clause (c) shall be omitted;

(ii) in clause (d), for the word

“exportation”, the words “export or”

shall be substituted;

(iii) in the long line, for the words “all

penalties, rent, interest and other

charges”, the words “interest, fine and

penalties” shall be substituted;

(b) in sub-section (2), for the word

“select”, the words “deem fit” shall be

substituted.

136. Amendment of section 73.— In the

Customs Act, in section 73, after the words

“exported or”, the words “transferred or”

shall be inserted.

137. Insertion of new section 73A.— In the

Customs Act, after section 73, the following

section shall be inserted, namely:—

“73A.

Custody

and

removal

of

warehoused goods.— (1) All warehoused

goods shall remain in the custody of the

person who has been granted a licence

under section 57 or section 58 or section 58A

until they are cleared for home consumption

or are transferred to another warehouse or

are exported or removed as otherwise

provided under this Act.

(2) The responsibilities of the person

referred to in sub-section (1) who has

custody of the warehoused goods shall be

such as may be prescribed.

(3) Where any warehoused goods are

removed in contravention of section 71, the

licensee shall be liable to pay duty, interest

fine and penalties without prejudice to any

other action that may be taken against him

under this Act or any other law for the time

being in force.”.

138. Amendment of section 156.— In the

Customs Act, in section 156, in sub-section (2),

after clause (b), the following clause shall be

inserted, namely:—

“(c) the due date and the manner of

making deferred payment of duties, taxes,

cesses or any other charges under sections

47 and 51.”.

139. Amendment of notifications issued

under section 25 of Act 52 of 1962.— (1) The

notifications of the Government of India in the

Ministry of Finance (Department of Revenue)

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number G.S.R. 367 (E), dated the 27th April,

2000, G.S.R. 292 (E), dated the 19th April,

2002, G.S.R. 281(E), dated the 1st April, 2003,

G.S.R. 604 (E), dated the 10th September, 2004,

G.S.R. 606(E), dated the 10th September, 2004

and G.S.R. 260(E), dated the 1st May, 2006

issued under sub-section (1) of section 25 of

the Customs Act, 1962 by the Central

Government shall stand amended and shall

be deemed to have been amended in the

manner as specified against each of them in

column (3) of the Second Schedule, on and

from the corresponding date mentioned in

column (4) of that Schedule, retrospectively,

and accordingly, notwithstanding anything

contained in any judgment, decree or order

of any court, tribunal or other authority, any

action taken or anything done or purported

to have been taken or done under the said

notifications, shall be deemed to be, and

always to have been, for all purposes as validly

and effectively taken or done as if the

notifications as amended by this sub-section

had been in force at all material times.

(2) For the purposes of sub-section (1), the

Central Government shall have and shall be

deemed to have the power to amend the

notifications referred to in the said sub-section

with retrospective effect as if the Central

Government had the power to amend the said

notifications under sub-section (1) of section

25 of the Customs Act, 1962 retrospectively,

at all material times.

(3) The refund shall be made of all such

safeguard duty which has been collected, but

would not have been so collected, had the

amendments made in sub-section (1) been in

force at all material times and such refund shall

be subject to the provisions of section 27 of

the Customs Act, 1962.

(4) Notwithstanding anything contained in

section 27 of the Customs Act, 1962, an

application for the claim of refund of safeguard

duty under sub-section (3) shall be made

within a period of one year from the date on

which the Finance Bill, 2016 receives the

assent of the President.

Customs Tariff

140. Omission of section 8C.— In

the Customs Tariff Act, 1975

(hereinafter referred to as the

Customs Tariff Act), section 8C shall

be omitted.

141. Amendment of First Schedule.— In the

Customs Tariff Act, the First Schedule shall,—

(i) be amended in the manner specified

in the Third Schedule;

(ii) be also amended in the manner

specified in the Fourth Schedule with effect

from the 1st day of January, 2017.

Excise

142. Amendment of section 5A.—

In the Central Excise Act, 1944

(hereinafter referred to as the

Central Excise Act), in section 5A,—

(i) for sub-section (5) the following sub-

-section shall be substituted, namely:—

“(5) Every notification issued under

sub-section (1) or sub-section (2A) shall,

unless otherwise provided, come into

force on the date of its issue by the Central

Government for publication in the Official

Gazette.”;

(ii) sub-section (6) shall be omitted.

143. Amendment of section 11A.— In the

Central Excise Act, in section 11A, for the

words “one year”, wherever they occur, the

words “two years” shall be substituted.

144. Amendment of section 37B.— In the

Central Excise Act, in section 37B for the

words “such goods”, the words “such goods

or for the implementation of any other

provision of this Act” shall be substituted.

145. Amendment of Third Schedule.— In the

Central Excise Act, the Third Schedule shall

be amended—

(i) in the manner specified in the Fifth

Schedule;

(ii) in the manner specified in the Sixth

Schedule, with effect from the 1st day of

January, 2017.

51 of 1975.

1 of 1944.

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Excise Tariff

146.

Amendment

of

First

Schedule.— In the Central Excise

Tariff Act, 1985 (hereinafter referred

to as the Central Excise Tariff Act),

the First Schedule shall be

amended—

(i) in the manner specified in the Seventh

Schedule;

(ii) in the manner specified in the Eighth

Schedule, with effect from the 1st day of

January, 2017.

147. Amendment of Second Schedule.— In

the Central Excise Tariff Act, the Second

Schedule shall be amended in the manner

specified in the Ninth Schedule, with effect

from the 1st day of January, 2017.

CHAPTER V

Service Tax

148. Amendment of section 65B.—

In the Finance Act, 1994 (hereinafter

referred to as the 1994 Act), in section

658,—

(a) clause (11) shall be omitted;

(b) in clause (44), in Explanation 2, in

sub-clause (ii), for item (a), the following

item shall be substituted, namely:—

“(a) by a lottery distributor or

selling agent on behalf of the

State Government, in relation

to

promotion,

marketing,

organising, selling of lottery or

facilitating in organising lottery

of any kind, in any other manner,

in

accordance

with

the

provisions of the Lotteries

(Regulation) Act, 1998;”.

149. Amendment of section 66D.— In the

1994 Act, in section 66D,—

(a) clause (l) shall be omitted;

(b) with effect from the 1st day of June,

2016—

(i) in clause (o), sub-clause (i) shall be

omitted;

(ii) in clause (p), sub-clause (ii) shall be

omitted.

150. Amendment of section 66E.— In the

1994 Act, in section 66E, after clause (i),

the following clause shall be inserted,

namely:—

“(j) assignment by the Government of the

right to use the radio-frequency spectrum

and subsequent transfers thereof.”.

151. Amendment of section 67A.— In the

1994 Act, in section 67A, the existing section

shall be renumbered as sub-section (1) thereof

and after sub-section (1) as so renumbered,

the following sub-section shall be inserted,

namely:—

“(2) The time or the point in time with

respect to the rate of service tax shall be

such as may be prescribed.”.

152. Amendment of section 73.— In the 1994

Act, in section 73,—

(i) in sub-sections (1), (1A), (2A) and (3),

for the words “eighteen months”, wherever

they occur, the words “thirty months” shall

be substituted;

(ii) in sub-section (4B), in clause (a), for

the words “whose limitation is specified as

eighteen months in”, the words “falling

under” shall be substituted.

153. Amendment of section 75.— In the 1994

Act, in section 75, for the words “Provided

that”, the following shall be substituted,

namely:—

“Provided that in the case of a person

who collects any amount as service tax but

fails to pay the amount so collected to the

credit of the Central Government, on or

before the date on which such payment is

due, the Central Government may, by

notification in the Official Gazette, specify

such other rate of interest, as it may deem

necessary:

Provided further that”.

32 of 1994.

17 of 1998.

5 of 1986.

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154. Amendment of section 78A.— In the

1994 Act, in section 78A, the following

Explanation shall be inserted, namely:—

“Explanation.— For the removal of

doubts, it is hereby clarified that where any

service tax has not been levied or paid or

has been short-levied or short-paid or

erroneously refunded, and the proceedings

with respect to a notice issued under sub-

section (1) of section 73 or the proviso to

sub-section (1) of section 73 is concluded

in accordance with the provisions of clause

(i) of the first proviso to section 76 or clause

(i) of the second proviso to section 78, as

the case may be, the proceedings pending

against any person under this section shall

also be deemed to have been concluded.”.

155. Amendment of section 89.— In the 1994

Act, in section 89, in sub-section (1), for the

words “fifty lakh rupees”, at both the places

where they occur, the words “two hundred

lakh rupees” shall be substituted.

156. Amendment of section 90.— In the 1994

Act, in section 90, sub-section (2) shall be

omitted.

157. Amendment of section 91.— In the 1994

Act, in section 91,—

(a) in sub-section (1), the words, brackets

and letter “clause (i) or” shall be omitted;

(b) sub-section (3) shall be omitted.

158. Amendment of section 93A.— In the

1994 Act, in section 93A, for the word

“prescribed” the words “prescribed or

specified by notification in the Official Gazette”

shall be substituted.

159. Insertion of new sections 101, 102 and

103.— In the 1994 Act, after section 100, the

following sections shall be inserted, namely:—

“101. Special provisions for exemption in

certain cases relating to construction of

canal, dam, etc.— (1) Notwithstanding

anything contained in section 66B, no

service tax shall be levied or collected

during the period commencing from the 1st

day of July, 2012 and ending with the 29th

day of January, 2014 (both days inclusive)

in respect of taxable services provided to

an authority or a board or any other body—

(i) set up by an Act of Parliament or a

State Legislature; or

(ii) established by the Government,

with ninety per cent. or more participation

by way of equity or control, to carry out any

function entrusted to a municipality under

article 243 W of the Constitution, by way of

construction, erection, commissioning,

installation, completion, fitting out, repair,

maintenance, renovation or alteration of

canal, dam or other irrigation works.

(2) Refund shall be made of all such service

tax which has been collected but which would

not have been so collected had sub-section

(1) been in force at all material times.

(3) Notwithstanding anything contained in

this Chapter, an application for the claim of

refund of service tax shall be made within a

period of six months from the date on which

the Finance Bill, 2016 receives the assent of

the President.

102. Special provision for exemption in

certain cases relating to construction of

Government building.— (1) Notwithstanding

anything contained in section 66B, no service

tax shall be levied or collected during the

period commencing from the 1st day of April,

2015 and ending with the 29th day of February,

2016 (both days inclusive), in respect of

taxable services provided to the Government,

local authority or a Governmental authority,

by

way

of

construction,

erection,

commissioning, installation, completion, fitting

out, repair, maintenance, renovation or

alteration of—

(a) a civil structure or any other original

works meant predominantly for use other

than for commerce, industry or any other

business or profession;

(b) a structure meant predominantly for

use as—

(i) an educational establishment;

(ii) a clinical establishment; or

(iii) an art or cultural establishment;

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(c) a residential complex predominantly

meant for self-use or for the use of their

employees or other persons specified in

Explanation 1 to clause (44) of section 65B

of the said Act,

under a contract entered into before the 1st

day of March, 2015 and on which appropriate

stamp duty, where applicable, had been paid

before that date.

(2) Refund shall be made of all such

service tax which has been collected but

which would not have been so collected had

sub-section (1) been in force at all material

times.

(3) Notwithstanding anything contained

in this Chapter, an application for the claim

of refund of service tax shall be made within

a period of six months from the date on

which the Finance Bill, 2016 receives the

assent of the President.

103. Special provision for exemption in

certain cases relating to construction of airport

or port.— (1) Notwithstanding anything

contained in section 66B, no service tax shall

be levied or collected during the period

commencing from the 1st day of April, 2015

and ending with the 29th day of February, 2016

(both days inclusive), in respect of services

provided by way of construction, erection,

commissioning or installation of original works

pertaining to an airport or port, under a

contract which had been entered into before

the 1st day of March, 2015 and on which

appropriate stamp duty, where applicable,

had been paid before that date, subject to the

condition that Ministry of Civil Aviation or, as

the case may be, the Ministry of Shipping in

the Government of India certifies that the

contract had been entered into before the 1st

day of March, 2015.

(2) Refund shall be made of all such

service tax which has been collected but

which would not have been so collected had

sub-section (1) been in force at all material

times.

(3) Notwithstanding anything contained

in this Chapter, an application for the claim

of refund of service tax shall be made within

a period of six months from the date on

which the Finance Bill, 2016 receives the

assent of the President.”.

160. Amendment of notification

issued under section 93A of Finance

Act, 1994.— (1) The notification of the

Government of India in the Ministry

of Finance (Department of Revenue)

number G.S.R. 519(E), dated the 29th

June, 2012 issued under section 93A

of the Finance Act, 1994 granting

rebate of service tax paid on the

taxable services which are received

by an exporter of goods and used for

export of goods, shall stand amended

and shall be deemed to have been

amended retrospectively, in the

manner specified in column (2) of the

Tenth Schedule, on and from and up

to the corresponding dates specified

in column (3) of the Schedule, and

accordingly, any action taken or

anything done or purported to have

taken or done under the said

notification as so amended, shall be

deemed to be, and always to have

been, for all purposes, as validly and

effectively taken or done as if the

said notification as amended by this

sub-section had been in force at all

material times.

(2) Rebate of all such service tax shall be

granted which has been denied. but which

would not have been so denied had the

amendment made by sub-section (1) been in

force at all material times.

(3) Notwithstanding anything

contained in the Finance Act, 1994,

an application for the claim of rebate

of service tax under sub-section (2)

shall be made within the period of

one month from the date of

commencement of the Finance Act,

2016.

32 of 1994.

32 of 1994.

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CHAPTER VI

Krishi Kalyan Cess

161. Krishi Kalyan Cess.— (1) This Chapter

shall come into force on the 1st day of June,

2016.

(2) There shall be levied and collected in

accordance with the provisions of this Chapter,

a cess to be called the Krishi Kalyan Cess, as

service tax on all or any of the taxable services

at the rate of 0.5 per cent. on the value of such

services for the purposes of financing and

promoting initiatives to improve agriculture or

for any other purpose relating thereto.

(3) The Krishi Kalyan Cess leviable

under sub-section (2) shall be in

addition to any cess or service tax

leviable on such taxable services

under Chapter V of the Finance Act,

1994, or under any other law for the

time being in force.

(4) The proceeds of the Krishi Kalyan Cess

levied under sub-section (2) shall first be

credited to the Consolidated Fund of India and

the Central Government may, after due

appropriation made by Parliament by law in

this behalf, utilise such sums of money of the

Krishi Kalyan Cess for such purposes specified

in sub-section (2), as it may consider

necessary.

(5) The provisions of Chapter V of

the Finance Act, 1994 and the rules

made thereunder, including those

relating to refunds and exemptions

from tax, interest and imposition of

penalty shall, as far as may be, apply

in relation to the levy and collection

of the Krishi Kalyan Cess on taxable

services, as they apply in relation to

the levy and collection of tax on such

taxable services under the said

Chapter

or

the

rules

made

thereunder, as the case may be.

CHAPTER VII

Infrastructure Cess

162. Infrastructure Cess.— (1) In the case

of goods specified in the Eleventh Schedule,

being goods manufactured or produced, there

shall be levied and collected for the purposes

of the Union, a duty of excise, to be called the

Infrastructure Cess, at the rates specified in

the said Schedule for the purposes of financing

infrastructure projects.

(2) The cess leviable under sub-

-section (1), chargeable on the goods

specified in the Eleventh Schedule

shall be in addition to any other

duties of excise chargeable on such

goods under the Central Excise Act,

1944 or any other law for the time

being in force.

(3) The provisions of the Central

Excise Act, 1944 and the rules made

thereunder, including those relating

to assessment, non-levy, short-levy,

refunds, interest, appeals, offences

and penalties, shall, as far as may be,

apply in relation to the levy and

collection of the cess leviable under

sub-section (1) in respect of the

goods specified in the Eleventh

Schedule as they apply in relation to

the levy and collection of the duties

of excise on such goods under the

said Act or the rules, as the case may

be.

(4) The cess leviable under sub-section (1)

shall be for the purposes of the Union and the

proceeds thereof shall not be distributed

among the States.

CHAPTER VIII

Equalisation Levy

163. Extent, commencement and applica-

tion.— (1) This Chapter extends to the whole

of India except the State of Jammu and

Kashmir.

(2) It shall come into force on such date as

the Central Government may, by notification

in the Official Gazette, appoint.

(3) It shall apply to consideration received

or receivable for specified services provided

on or after the commencement of this Chapter.

164. Definitions.— In this Chapter, unless

the context otherwise requires,—

32 of 1994.

32 of 1994.

1 of 1944.

1 of 1944.

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(a) “Appellate Tribunal” means the

Appellate Tribunal constituted under

section 252 of the Income-tax Act;

(b) “Assessing Officer” means the

Income-tax

Officer

or

Assistant

Commissioner of Income-tax or Deputy

Commissioner of Income-tax or Joint

Commissioner of Income-tax or Additional

Commissioner of Income-tax who is

authorised by the Board to exercise or

perform all or any of the powers and

functions conferred on, or assigned to, an

Assessing Officer under this Chapter;

(c) “Board” means the Central

Board of Direct Taxes constituted

under the Central Boards of

Revenue Act, 1963;

(d) “equalisation levy” means the tax

leviable on consideration received or

receivable for any specified service under

the provisions of this Chapter;

(e) “Income-tax Act” means the

Income-tax Act, 1961;

(f) “online” means a facility or service or

right or benefit or access that is obtained

through the internet or any other form of

digital or telecommunication network;

(g) “permanent establishment” includes

a fixed place of business through which the

business of the enterprise is wholly or partly

carried on;

(h) “prescribed” means prescribed by

rules made under this Chapter;

(i) “specified service” means online

advertisement, any provision for digital

advertising space or any other facility or

service for the purpose of online

advertisement and includes any other

service as may be notified by the Central

Government in this behalf,

(j) words and expressions used but not

defined in this Chapter and defined in

the Income-tax Act, or the rules

made

thereunder,

shall

have

the

meanings respectively assigned to them in

that Act.

165. Charge of equalization levy.— (1) On

and from the date of commencement of this

Chapter, there shall be charged an

equalisation levy at the rate of six per cent. of

the amount of consideration for any specified

service received or receivable by a person,

being a non-resident from—

(i) a person resident in India and

carrying on business or profession; or

(ii) a non-resident having a permanent

establishment in India.

(2) The equalisation levy under sub-section

(1) shall not be charged, where—

(a) the non-resident providing the

specified service has a permanent

establishment in India and the specified

service is effectively connected with such

permanent establishment;

(b) the aggregate amount of considera-

tion for specified service received or

receivable in a previous year by the non-

resident from a person resident in India and

carrying on business or profession, or from

a non-resident having a permanent

establishment in India, does not exceed one

lakh rupees; or

(c) where the payment for the specified

service by the person resident in India, or

the permanent establishment in India is not

for the purposes of carrying out business

or profession.

166. Collection and recovery of equalisation

levy.— (1) Every person, being a resident and

carrying on business or profession or a non-

-resident having a permanent establishment

in India (hereafter in this Chapter referred to

as assessee) shall deduct the equalisation levy

from the amount paid or payable to a non-

-resident in respect of the specified service at

the rate specified in section 165, if the

aggregate amount of consideration for

specified service in a previous year exceeds

one lakh rupees.

(2) The equalisation levy so deducted during

any calendar month in accordance with the

provisions of sub-section (1) shall be paid by

every assessee to the credit of the Central

54 of 1963.

43 of 1961.

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Government by the seventh day of the month

immediately following the said calendar

month.

(3) Any assessee who fails to deduct the levy

in accordance with the provisions of sub-

section (1) shall, notwithstanding such failure,

be liable to pay the levy to the credit of the

Central Government in accordance with the

provisions of sub-section (2).

167. Furnishing of statement.— (1) Every

assessee shall, within the prescribed time

after the end of each financial year, prepare

and deliver or cause to be delivered to the

Assessing Officer or to any other authority or

agency authorised by the Board in this behalf,

a statement in such form, verified in such

manner and setting forth such particulars as

may be prescribed, in respect of all specified

services during such financial year.

(2) An assessee who has not furnished the

statement within the time prescribed under

sub-section (1) or having furnished a statement

under sub-section (1), notices any omission or

wrong particular therein, may furnish a

statement or a revised statement, as the case

may be, at any time before the expiry of two

years from the end of the financial year in

which the specified service was provided.

(3) Where any assessee fails to furnish the

statement under sub-section (1) within the

prescribed time, the Assessing Officer may

serve a notice upon such assessee requiring

him to furnish the statement in the prescribed

form, verified in the prescribed manner and

setting forth such particulars, within such

time, as may be prescribed.

168. Processing of statement.— (1) Where

a statement has been made under section 167

by the assessee, such statement shall be

processed in the following manner, namely:—

(a) the equalisation levy shall be

computed after making the adjustment for

any arithmetical error in the statement;

(b) the interest if any, shall be computed

on the basis of sum deductible as computed

in the statement:

(c) the sum payable by or the amount of

refund due to, the assessee shall be

determined after adjustment of the amount

computed under clause (b) against any

amount paid under sub-section (2) of

section 166 or section 170 and any amount

paid otherwise by way of tax or interest;

(d) an intimation shall be prepared or

generated and sent to the assessee

specifying the sum determined to be

payable by, or the amount of refund due to,

him under clause (c); and

(e) the amount of refund due to the

assessee in pursuance of the determination

under clause (c) shall be granted to him:

Provided that no intimation under this sub-

section shall be sent after the expiry of one

year from the end of the financial year in which

the statement is furnished.

(2) For the purposes of processing of

statements under sub-section (1), the Board

may make a scheme for centralised processing

of such statements to expeditiously determine

the tax payable by, or the refund due to, the

assessee as required under that sub-section.

169. Rectification of mistake.— (1) With a

view to rectifying any mistake apparent from

the record, the Assessing Officer may amend

any intimation issued under section 168,

within one year from the end of the financial

year in which the intimation sought to be

amended was issued.

(2) The Assessing Officer may make an

amendment to any intimation under sub-

section (1), either suo motu or on any mistake

brought to his notice by the assessee.

(3) An amendment to any intimation, which

has the effect of increasing the liability of the

assessee or reducing a refund, shall not be

made under this section unless the Assessing

Officer has given notice to the assessee of his

intention so to do and has given the assessee

a reasonable opportunity of being heard.

(4) Where any such amendment to any

intimation has the effect of enhancing the sum

payable or reducing the refund already made,

the Assessing Officer shall make an order

specifying the sum payable by the assessee

and the provisions of this Chapter shall apply

accordingly.

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170. Interest on delayed payment of

equalization levy.— Every assessee, who fails

to credit the equalisation levy or any part

thereof as required under section 166 to the

account of the Central Government within the

period specified in that section, shall pay

simple interest at the rate of one per cent. of

such levy for every month or part of a month

by which such crediting of the tax or any part

thereof is delayed.

171. Penalty for failure to deduct or pay

equalization levy.— Any assessee who—

(a) fails to deduct the whole or any part

of the equalisation levy as required under

section 166; or

(b) having deducted the equalisation

levy, fails to pay such levy to the credit of

the Central Government in accordance with

the provisions of sub-section (2) of that

section,

shall be liable to pay.—

(i) in the case referred to in clause (a),

in addition to paying the levy in

accordance with the provisions of sub-

-section (3) of that section or interest, if

any in accordance with the provisions of

section 170, a penalty equal to the

amount of equalisation levy that he failed

to deduct; and

(ii) in the case referred to in clause (b),

in addition to paying the levy in

accordance with the provisions of sub-

-section (2) of that section and interest in

accordance with the provisions of section

170, a penalty of one thousand rupees for

every day during which the failure

continues, so, however, that the penalty

under this clause shall not exceed the

amount of equalisation levy that he failed

to pay.

172. Penalty for failure to furnish

statement.— Where an assessee fails to

furnish the statement within the time

prescribed under sub-section (1) or sub-

-section (3) of section 167, he shall be liable to

pay a penalty of one Hundred rupees for each

day during which the failure continues.

173. Penalty not to be imposed in certain

cases.— (1) Notwithstanding anything

contained in section 171 or section 172, no

penalty shall be imposable for any failure

referred to in the said sections, if the assessee

proves to the satisfaction of the Assessing

Officer that there was reasonable cause for the

said failure.

(2) No order imposing a penalty under this

Chapter shall be made unless the assessee has

been given a reasonable opportunity of being

heard.

174. Appeal to Commissioner of Income-tax

(Appeal).— (1) An assessee aggrieved by an

order imposing penalty under this Chapter,

may appeal to the Commissioner of lncome-

tax (Appeals) within a period of thirty days

from the date of receipt of the order of the

Assessing Officer.

(2) An appeal under sub-section (1) shall be

in such form and verified in such manner as

may be prescribed and shall be accompanied

by a fee of one thousand rupees.

(3) Where an appeal has been filed under

sub-section (1), the provisions of sections 249

to 251 of the Income-tax Act shall, as far as

may be, apply to such appeal.

175. Appeal to appellate tribunal.— (1) An

assessee aggrieved by an order made by the

Commissioner of lncome-tax (Appeals) under

section 174 may appeal to the Appellate

Tribunal against such order.

(2) The Commissioner of Income-tax may, if

he objects to any order passed by the

Commissioner of Income-tax (Appeals) under

section 174, direct the Assessing Officer to

appeal to the Appellate Tribunal against such

order.

(3) An appeal under sub-section (1) or

sub-section (2) shall be filed within sixty days

from the date on which the order sought to be

appealed against is received by the assessee

or by the Commissioner of Income-tax, as the

case may be.

(4) An appeal under sub-section (1) or

sub-section (2) shall be in such form and

verified in such manner as may be prescribed

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and, in the case of an appeal filed under sub-

section (1) it shall be accompanied by a fee of

one thousand rupees.

(5) Where an appeal has been filed before

the Appellate Tribunal under sub-section (1)

or sub-section (2), the provisions of sections

253 to 255 of the Income-tax Act shall, as far

as may be, apply to such appeal.

176. Punishment for false statement.— (1)

If a person makes a false statement in any

verification under this Chapter or any rule

made thereunder, or delivers an account or

statement, which is false, and which he either

knows or believes to be false, or does not

believe to be true, he shall be punishable with

imprisonment for a term which may extend to

three years and with fine.

(2) Notwithstanding anything

contained in the Code of Criminal

Procedure,

1973,

an

offence

punishable under sub-section (1)

shall be deemed to be non-cognizable

within the meaning of that Code.

177. Institution of prosecution.— No

prosecution shall be instituted against any

person for any offence under section 176

except with the previous sanction of the Chief

Commissioner of Income-tax.

178. Application of certain provisions of

Income-tax Act.— The provisions of sections

120, 131, 133A, 138, 156, Chapter XV and

sections 220 to 227, 229, 232, 260A, 261, 262,

265 to 269, 278B, 280A, 280B, 280C, 280D, 282

and 288 to 293 of the Income-tax Act shall so

far as may be, apply in relation to equalisation

levy, as they apply in relation to income-tax.

179. Power to make rules.— (1) The Central

Government may, by notification in the Official

Gazette, make rules for carrying out the

provisions of this Chapter.

(2) In particular, and without prejudice to

the generality of the foregoing power, such

rules may provide for all or any of the following

matters, namely:—

(a) the time within which and the form

and the manner in which the statement

shall be delivered or caused to be delivered

or furnished under section 167;

(b) the form in which an appeal may be

filed and the manner in which it may be

verified under sections 174 and 175;

(c) any other matter which is to be, or may

be, prescribed.

(3) Every rule made under this Chapter

shall be laid, as soon as may be after it is made,

before each House of Parliament, while it is in

session, for a total period of thirty days which

may be comprised in one session or in two or

more successive sessions, and if, before the

expiry of the session immediately following the

session or the successive sessions aforesaid,

both Houses agree in making any modification

in the rule or both Houses agree that the rule

should not be made, the rule shall thereafter

have effect only in such modified form or be of

no effect, as the case may be; so, however, that

any such modification or annulment shall be

without prejudice to the validity of anything

previously done under that rule.

180. Power to remove difficulties.— (1) If any

difficulty arises in giving effect to the

provisions of this Chapter, the Central

Government may, by order published in the

Official Gazette, not inconsistent with the

provisions of this Chapter, remove the

difficulty:

Provided that no such order shall be made

after the expiry of a period of two years from

the date on which the provisions of this

Chapter come into force.

(2) Every order made under this section

shall be laid, as soon as may be after it is made,

before each House of Parliament.

CHAPTER IX

The Income Declaration Scheme, 2016

181. Short title and commencement.— (1)

This Scheme may be called the Income

Declaration Scheme, 2016.

(2) It shall come into force on the 1st day of

June, 2016.

182. Definitions.— In this Scheme, unless

the context otherwise requires,—

2 of 1974.

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(a) “declarant” means a person making

the declaration under sub-section (1) of

section 183;

(b) “Income-tax Act” means the

Income-tax Act, 1961;

(c) all other words and expressions used

herein but not defined and defined in the

Income-tax Act shall have the meanings

respectively assigned to them in that

Act.

183. Declaration of undisclosed income.— (1)

Subject to the provisions of this Scheme, any

person may make, on or after the date of

commencement of this Scheme but before a

date to be notified by the Central Government

in the Official Gazette, a declaration in respect

of any income chargeable to tax under the

Income-tax Act for any assessment year prior

to the assessment year beginning on the 1st

day of April, 2017—

(a) for which he has failed to furnish a

return under section 139 of the Income-tax

Act;

(b) which he has failed to disclose in a

return of income furnished by him under

the Income-tax Act before the date of

commencement of this Scheme;

(c) which has escaped assessment by

reason of the omission or failure on the part

of such person to furnish a return under the

Income-tax Act or to disclose fully and truly

all material facts necessary for the

assessment or otherwise.

(2) Where the income chargeable to tax is

declared in the form of investment in any asset,

the fair market value of such asset as on the

date of commencement of this Scheme shall

be deemed to be the undisclosed income for

the purposes of sub-section (1).

(3) The fair market value of any asset shall

be determined in such manner, as may be

prescribed.

(4) No deduction in respect of any

expenditure or allowance shall be allowed

against the income in respect of which

declaration under this section is made.

184. Charge of tax and surcharge.— (1)

Notwithstanding anything contained in the

Income-tax Act or in any Finance Act, the

undisclosed income declared under section

183 within the time specified therein shall be

chargeable to tax at the rate of thirty per cent.

of such undisclosed income.

(2) The amount of tax chargeable under

sub-section (1) shall be increased by a

surcharge, for the purposes of the Union, to

be called the Krishi Kalyan Cess on tax

calculated at the rate of twenty-five per cent.

of such tax so as to fulfil the commitment of

the Government for the welfare of the farmers.

185. Penalty.— Notwithstanding anything

contained in the Income-tax Act or in any

Finance Act, the person making a declaration

of undisclosed income shall, in addition to tax

and surcharge under section 184, be liable to

penalty at the rate of twenty-five per cent. of

such tax.

186. Manner of declaration.— (1) A

declaration under section 183 shall be made

to the Principal Commissioner or the

Commissioner and shall be in such form and

be verified in such manner, as may be

prescribed.

(2) The declaration shall be signed,—

(a) where the declarant is an

individual, by the individual himself;

where such individual is absent from

India, by the individual concerned or by

some person duly authorised by him in

this behalf; and where the individual is

mentally incapacitated from attending to

his affairs, by his guardian or by any other

person competent to act on his behalf;

(b) where the declarant is a Hindu

undivided family, by the Karta, and where

the Karta is absent from India or is

mentally incapacitated from attending to

his affairs, by any other adult member of

such family;

(c) where the declarant is a company,

by the managing director thereof, or

where for any unavoidable reason such

managing director is not able to sign the

43 of 1961.

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declaration or where there is no

managing director, by any director

thereof;

(d) where the declarant is a firm, by

the managing partner thereof, or where

for any unavoidable reason such

managing partner is not able to sign the

declaration, or where there is no

managing partner as such, by any

partner thereof, not being a minor;

(e) where the declarant is any other

association, by any member of the

association or the principal officer thereof;

and

(f) where the declarant is any other

person, by that person or by some other

person competent to act on his behalf.

(3) Any person, who has made a declaration

under sub-section (1) of section 183 in respect

of his income or as a representative assessee

in respect of the income of any other person,

shall not be entitled to make any other

declaration, under that sub-section in respect

of his income or the income of such other

person, and any such other declaration, if

made, shall be void.

187. Time for payment of tax.— (1) The tax

and surcharge payable under section 184 and

penalty payable under section 185 in respect

of the undisclosed income, shall be paid on or

before a date to be notified by the Central

Government in the Official Gazette.

(2) The declarant shall file the proof of

payment of tax, surcharge and penalty on or

before the date notified under sub-section (1),

with the Principal Commissioner or the

Commissioner as the case may be, before

whom the declaration under section 183 was

made.

(3) If the declarant fails to pay the tax,

surcharge and penalty in respect of the

declaration made under section 183 on or

before the date specified under sub-section (1),

the declaration tiled by him shall be deemed

never to have been made under this Scheme.

188. Undisclosed income declared not to be

included in total income.— The amount of

undisclosed income declared in accordance

with section 183 shall not be included in the

total income of the declarant for any

assessment year under the Income-tax Act, if

the declarant makes the payment of tax and

surcharge referred to in section 184 and the

penalty referred to in section 185, by the date

specified under sub-section (1) of section 187.

189. Undisclosed income declared

not to affect finality of completed

assessments.— A declarant under

this Scheme shall not be entitled, in

respect of undisclosed income

declared or any amount of tax and

surcharge paid thereon, to re-open

any assessment or reassessment

made under the Income-tax Act or

the Wealth-tax Act, 1957, or claim

any set off or relief in any appeal,

reference or other proceeding in

relation to any such assessment or

reassessment.

190. Undisclosed income declared

not to be treated as benami

transaction in certain cases.— The

provisions of the Benami Transa-

ctions (Prohibition) Act, 1988 shall

not apply in respect of the

declaration of undisclosed income

made in the form of investment in

any asset, if the asset existing in the

name of a benamidar is transferred

to the declarant, being the person

who provides the consideration

for such asset, or his legal

representative, within the period

notified by the Central Government.

191. Tax in respect of voluntarily disclosed

income not refundable.— Any amount of tax

and surcharge paid under section 184 or

penalty paid under section 185 in pursuance

of a declaration made under section 183 shall

not be refundable.

192. Declaration not admissible in

evidence

against

declarant.—

Notwithstanding anything contained

in any other law for the time being

in force, nothing contained in any

27 of 1957.

45 of 1988

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declaration made under section 183

shall be admissible in evidence

against the declarant for the purpose

of any proceeding relating to

imposition of penalty, other than the

penalty leviable under section 185,

or for the purposes of prosecution

under the Income-tax Act or the

Wealth-tax Act, 1957.

193. Declaration by misrepresentation of

facts to be void.— Notwithstanding anything

contained in this Scheme, where a declaration

has been made by misrepresentation or

suppression of facts, such declaration shall be

void and shall be deemed never to have been

made under this Scheme.

194. Exemption from wealth-tax in respect

of assets spefified in declaration.— (1) Where

the undisclosed income is represented by

cash (including bank deposits), bullion,

investment in shares or any other assets

specified in the declaration made under

section 183—

(a) in respect of which the

declarant has failed to furnish a

return under section 14 of the

Wealth-tax Act, 1957, for the

assessment year commencing on

or before the 1st day of April, 2015;

or

(b) which have not been shown in the

return of net wealth furnished by him for

the said assessment year or years; or

(c) which have been understated in value

in the return of net wealth furnished by him

for the said assessment year or years,

then, notwithstanding anything

contained

in

the

Wealth-tax

Act, 1957, or any rules made

thereunder,—

(i) wealth-tax shall not be payable by

the declarant in respect of the assets

referred to in clause (a) or clause (b) and

such assets shall not be included in his

net wealth for the said assessment year

or years;

(ii) the amount by which the value of

the assets referred to in clause (c) has

been understated in the return of net

wealth for the said assessment year or

years, to the extent such amount does not

exceed the voluntarily disclosed income

utilised for acquiring such assets, shall

not be taken into account in computing

the net wealth of the declarant for the said

assessment year or years.

Explanation.— Where a declaration

under section 183 is made by a firm, the

assets referred to in sub-clause (i) or, as

the case may be, the amount referred to

in sub-clause (ii) shall not be taken into

account in computing the net wealth of

any partner of the firm or, as the case may

be, in determining the value of the interest

of any partner in the firm.

(2) The provisions of sub-section (1) shall

not apply unless the conditions specified in

sub-sections (1) and (2) of section 187 are

fulfilled by the declarant.

195. Applicability of certain

provisions of Income-tax Act and of

Chapter V of Wealth-tax Act.— The

provisions of Chapter XV of the

Income-tax Act relating to liability in

special cases and of section 119,

section 138 and section 189 of that

Act or the provisions of Chapter V of

the Wealth-tax Act, 1957 relating to

liability in respect of assessment in

special cases shall, so far as may be,

apply in relation to proceedings

under this Scheme as they apply in

relation to proceedings under the

Income-tax Act or, as the case may

be, the Wealth-tax Act, 1957.

196. Scheme not to apply to certain

persons.— The provisions of this Scheme shall

not apply—

(a) to any person in respect of

whom an order of detention has

been made under the Conser-

vation of Foreign Exchange and

Prevention of Smuggling Activities

Act, 1974:

27 of 1957.

27 of 1957.

27 of 1957.

27 of 1957.

52 of 1974.

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Provided that—

(i) such order of detention, being an

order to which the provisions of section

9 or section 12A of the said Act do not

apply, has not been revoked on the report

of the Advisory Board under section 8 of

the said Act or before the receipt of the

report of the Advisory Board; or

(ii) such order of detention, being an

order to which the provisions of section

9 of the said Act apply, has not been

revoked before the expiry of the time

for, or on the basis of, the review under

sub-section (3) of section 9, or on the

report of the Advisory Board under

section 8, read with sub-section (2) of

section 9 of the said Act; or

(iii) such order of detention, being an

order to which the provisions of section

12A of the said Act apply, has not been

revoked before the expiry of the time for,

or on the basis of, the first review under

sub-section (3) of that section, or on the

basis of the report of the Advisory Board

under section 8, read with sub-section (6)

of section 12A, of the said Act; or

(iv) such order of detention has not

been set aside by a court of competent

jurisdiction;

(b) in relation to prosecution for

any offence punishable under

Chapter IX or Chapter XVII of the

Indian Penal Code, the Narcotic

Drugs

and

Psychotropic

Substances

Act,

1985,

the

Unlawful Activities (Prevention)

Act, 1967 and the Prevention of

Corruption Act, 1988;

(c) to any person notified under

section 3 of the Special Court

(Trial of Offences Relating to

Transactions in Securities) Act,

1992;

(d)

in

relation

to

any

undisclosed foreign income and

asset which is chargeable to tax

under

the

Black

Money

(Undisclosed Foreign Income and

Assets) and Imposition of Tax Act,

2015;

(e) in relation to any undisclosed income

chargeable to tax under the Income-tax Act

for any previous year relevant to an

assessment year prior to the assessment

year beginning on the 1st day of April,

2017—

(i) where a notice under section 142 or

sub-section (2) of section 143 or section

148 or section 153A or section 153C of

the Income-tax Act has been issued in

respect of such assessment year and the

proceeding is pending before the

Assessing Officer; or

(ii) where a search has been

conducted under section 132 or

requisition has been made under section

132A or a survey has been carried out

under section 133A of the Income-tax

Act in a previous year and a notice under

sub-section (2) of section 143 for the

assessment year relevant to such

previous year or a notice under section

153A or under section 153C of the said

Act for an assessment year relevant to

any previous year prior to such previous

year has not been issued and the time

for issuance of such notice has not

expired; or

(iii) where any information has been

received by the competent authority

under an agreement entered into by

the Central Government under section

90 or section 90A of the Income-tax

Act in respect of such undisclosed

asset.

197. Removal of doubts.— For the removal

of doubts, it is hereby declared that—

(a) save as otherwise expressly provided

in sub-section (1) of section 183, nothing

contained in this Scheme shall be construed

as conferring any benefit, concession or

immunity on any person other than the

person making the declaration under this

Scheme;

27 of 1992.

22 of 2015.

49 of 1988.

37 of 1967.

45 of 1860.

61 of 1985.

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(b) where any declaration has been made

under section 183 but no tax, surcharge and

penalty referred to in section 184 and

section 185 has been paid within the time

specified under section 187, the undisclosed

income shall be chargeable to tax under the

Income-tax Act in the previous year in

which such declaration is made;

(c) where any income has accrued, arisen

or received or any asset has been acquired

out of such income prior to commencement

of this Scheme, and no declaration in

respect of such income is made under this

Scheme,—

(i) such income shall be deemed to

have accrued, arisen or received, as the

case may be; or

(ii) the value of the asset acquired out

of such income shall be deemed to have

been acquired or made,

in the year in which a notice under

section 142, sub-section (2) of section 143

or section 148 or section 153A or section

153C of the Income-tax Act is issued by

the Assessing Officer, and the provisions

of the Income-tax Act shall apply

accordingly.

198. Power to remove difficulties.— (1) If any

difficulty arises in giving effect to the

provisions of this Scheme, the Central

Government may, by order, not inconsistent

with the provisions of this Scheme, remove the

difficulty:

Provided that no such order shall be made

after the expiry of a period of two years from

the date on which the provisions of this

Scheme shall come into force.

(2) Every order made under this section

shall be laid before each House of Parliament.

199. Power to make rules.— (1) The Board

may, subject to the control of the Central

Government, by notification in the Official

Gazette, make rules for carrying out the

provisions of this Scheme.

(2) Without prejudice to the generality of the

foregoing power, such rules may provide for

the form in which a declaration may be made

under section 183 and the manner in which

the same may be verified.

(3) Every rule made under this Scheme shall

be laid, as soon as may be, after it is made,

before each House of Parliament, while it is in

session, for a total period of thirty days, which

may be comprised in one session or in two or

more successive sessions, and if before the

expiry of the session immediately following the

session or the successive sessions aforesaid,

both Houses agree in making any modification

in the rule or both Houses agree that the rule

should not be made, the rule shall thereafter

have effect only in such modified form or be of

no effect, as the case may be; so, however, that

any such modification or annulment shall be

without prejudice to the validity of anything

previously done under that rule.

CHAPTER X

The Direct Tax Dispute Resolution Scheme, 2016

200. Short title and commencement.—

(1) This Scheme may be called the Direct Tax

Dispute Resolution Scheme, 2016.

(2) It shall come into force on the 1st day of

June, 2016.

201. Definition.— (1) In this Scheme, unless

the context otherwise requires,—

(a) “declarant” means a person making

a declaration under section 202;

(b) “designated authority” means an

officer not below the rank of a Commissioner

of Income-tax and notified by the Principal

Chief Commissioner for the purposes of this

Scheme;

(c) “disputed income”, in relation to an

assessment year, means the whole or so

much of the total income as is relatable to

the disputed tax;

(d) “disputed tax” means the tax

determined under the Income-tax Act, or

the Wealth-tax Act, which is disputed by

the assessee or the declarant, as the case

may be;

(e) “disputed wealth”, in relation to an

assessment year, means the whole or so

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much of the net wealth as is relatable to the

disputed tax;

(f) “Income-tax Act” means the

Income-tax Act, 1961;

(g) “specified tax” means a tax—

(i) the determination of which is in

consequence of or validated by any

amendment made to the Income-tax Act

or the Wealth-tax Act with retrospective

effect and relates to a period prior to the

date on which the Act amending the

Income-tax Act or the Wealth-tax Act, as

the case may be, received the assent of

the President; and

(ii) a dispute in respect of such tax is

pending as on the 29th day of February,

2016;

(h) “tax arrear” means, the amount of tax,

interest or penalty determined under the

Income-tax Act or the Wealth-tax Act, in

respect of which appeal is pending before

the Commissioner of Income-tax (Appeals)

or the Commissioner of Wealth-tax

(Appeals) as on the 29th day of February,

2016;

(i) “Wealth-tax Act” means the

Wealth-tax Act, 1957.

(2) All other words and expressions used

herein but not defined and defined in the

Income-tax Act or the Wealth-tax Act, as the

case may be, shall have the meanings

respectively assigned to them in those Acts.

202. Declaration of tax payable.— Subject

to the provisions of this Scheme, where a

declarant files, on or after the 1st day of June,

2016 but on or before a date to be notified by

the Central Government in the Official Gazette,

a declaration to the designated authority in

accordance with the provisions of section 203

in respect of tax arrear, or specified tax, then,

notwithstanding anything contained in the

Income-tax Act or the Wealth-tax Act or any

other provision of any law for the time being

in force, the amount payable under this

Scheme by the declarant shall be as under,

namely:—

(1) in case of pending appeal related to tax

arrear being—

(a) tax and interest,—

(i) in a case where the disputed tax

does not exceed ten lakh rupees, the

whole of the disputed tax and the interest

on disputed tax till the date of assessment

or reassessment, as the case may be; or

(ii) in any other case, the whole of

disputed tax, twenty-five per cent. of the

minimum penalty leviable and the

interest on disputed tax till the date of

assessment or reassessment, as the case

may be;

(b) penalty, twenty-five per cent. of the

minimum penalty leviable and the tax and

interest payable on the total income finally

determined.

(II) in case of specified tax, the amount of

such tax so determined.

203. Particulars to be funished.— (1) A

declaration under section 202 shall be made

to the designated authority in such form and

verified in such manner as may be prescribed.

(2) Where the declaration is in respect of

tax arrear, consequent to such declaration,

appeal in respect of the disputed income,

disputed wealth and tax arrear pending before

the Commissioner of Income-tax (Appeals) or

the Commissioner of Wealth-tax (Appeals), as

the case may be, shall be deemed to have been

withdrawn.

(3) Where the declaration is in respect of

specified tax and the declarant has,—

(a) filed any appeal before the

Commissioner of Income-tax (Appeals) or

the Commissioner of Wealth-tax (Appeals)

or the Appellate Tribunal or the High Court

or the Supreme Court or any writ petition

before the High Court or the Supreme Court

against any order in respect of the specified

tax, he shall withdraw such appeal or writ

petition with the leave of the court wherever

required and furnish proof of such

withdrawal along with the declaration

referred to in sub-section (1);

43 of 1961.

27 of 1957.

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(b) initiated any proceeding for

arbitration, conciliation or mediation or has

given any notice thereof under any law for

the time being in force or under any

agreement entered into by India with any

other country or territory outside India

whether for protection of investment or

otherwise, he shall withdraw such notice

or the claim, if any, in such proceedings

prior to making the declaration and furnish

proof thereof along with the declaration

referred to in sub-section (1).

(4) Where the declaration is in respect of

specified tax, the declarant shall, without

prejudice to the provisions of sub-section (3),

furnish an undertaking, in such form and

verified in such manner as may be prescribed,

waiving his right, whether direct or indirect,

to seek or pursue any remedy or any claim in

relation to the specified tax which may

otherwise be available to him under any law

for the time being in force in equity, by statute

or under an agreement referred to in clause

(b) of sub-section (3) or otherwise.

(5) Where,—

(a) any material particular furnished in

the declaration is found to be false at any

stage; or

(b) the declarant violates any of the

conditions referred to in this Scheme; or

(c) the declarant acts in a manner which

is not in accordance with the undertaking

given by him under sub-section (4),

it shall be presumed as if the declaration was

never made under the Scheme and all the

consequences under the Income-tax Act or

the Wealth-tax Act, as the case may be, under

which the proceedings against the declarant

are or were pending, shall be deemed to have

been revived.

(6) No appellate authorithy or arbitrator,

conciliator or mediator shall proceed to decide

any issue relating to the specified tax

mentioned in the declaration and in respect

of which an order had been made under

sub-section (1) of section 204 by the

designated authority or the payment of the

sum determined under that section.

204. Time and manner of payment.— (1) The

designated authority shall, within a period of

sixty days from the date of receipt of the

declaration, determine the amount payable by

the declarant in accordance with the

provisions of this Scheme and grant a

certificate in such form as may be prescribed,

to the declarant setting forth therein the

particulars of the tax arrear or the specified

tax, as the case may be, and the sum payable

after such determination.

(2) The declarant shall pay the sum

determined by the designated authority as per

the certificate granted under sub-section (1)

within thirty days of the date of receipt of the

certificate and intimate the fact of such

payment to the designated authority along

with proof thereof and the designated

authority shall thereupon pass an order stating

that the declarant has paid the sum.

(3) Every order passed under sub-section

(1), determining the sum payable under this

Scheme, shall be conclusive as to the matters

stated therein and no matter covered by such

order shall be re-opened in any other

proceeding under the Income-tax Act or the

Wealth-tax Act or under any other law for the

time being in force, or as the case may be,

under any agreement, whether for protection

of investment or otherwise, entered into by

India with any other country or territory

outside India.

205. Immunity from initiation of proceedings

in respect of offence and imposition of penalty

in certain cases.— The designated authority

shall, subject to the conditions provided in

section 204, grant—

(a) immunity from instituting any

proceedings in respect of an offence under

the Income-tax Act or the Wealth-tax Act,

as the case may be; or

(b) immunity from imposition or waiver,

as the case may be, of penalty under the

Income-tax Act or the Wealth-tax Act, as

the case may be, in respect of,—

(i) specified tax covered in the declaration

under section 202; or

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(ii) tax arrear covered in the declaration

to the extent the penalty exceeds the

amount of penalty referred to in clause (1)

of section 202;

(c) waiver of interest under the Income-tax

Act or the Wealth-tax Act, as the case may

be, in respect of,—

(i) specified tax covered in the declaration

under the section 202;

(ii) tax arrear covered in the declaration

to the extent the interest exceeds the

amount of interest referred to in sub-clause

(a) of clause (1) of section 202.

206. No refund of amount paid under

scheme.— Any amount paid in pursuance of a

declaration made under section 202 shall not

be refundable under any circumstances.

207. No other benefit, concession or

immunity to declarent.— Save as otherwise

expressly provided in sub-section (3) of section

204 and section 205, nothing contained in this

Scheme shall be construed as conferring any

benefit, concession or immunity on the

declarant in any proceedings other than those

in relation to which the declaration has been

made.

208. Scheme not to apply in certain cases.—

The provisions of this Scheme shall not

apply—

(a) in respect of tax arrear or specified tax,—

(i) relating to an assessment year in

respect of which an assessment has been

made under section 153A or 153C of the

Income-tax Act or assessment or

reassessment for any of the assessment

years, in consequence of a search

initiated under section 37A or requisition

made under section 37B of the Wealth-

-tax Act if it relates to any tax arrear;

(ii) relating to an assessment or

reassessment in respect of which a

survey conducted under section 133A of

the Income-tax Act or section 38A of the

Wealth-tax Act, has a bearing if it relates

to any tax arrear;

(iii) relating to an assessment year in

respect of which prosecution has been

instituted on or before the date of filing of

declaration under section 202;

(iv) relating to any undisclosed income

from a source located outside India or

undisclosed asset located outside India;

(v) relating to an assessment or

reassessment made on the basis of

information received under an agreement

referred to in section 90 or section 90A of

the Income-tax Act, if it relates to any tax

arrear;

(b) to any person in respect of

whom an order of detention has

been made under the provisions

of the Conservation of Foreign

Exchange and Prevention of

Smuggling Activities Act, 1974:

Provided that—

(i) such order of detention, being an

order to which the provisions of section

9 or section 12A of the said Act do not

apply, has not been revoked on the report

of the Advisory Board under section 8 of

the said Act or before the receipt of the

report of the Advisory Board; or

(ii) such order of detention, being an

order to which the provisions of section

9 of the said Act apply, has not been

revoked before the expiry of the time

for, or on the basis of, the review under

sub-section (3) of section 9, or on the

report of the Advisory Board under

section 8, read with sub-section (2) of

section 9, of the said Act; or

(iii) such order of detention, being an

order to which the provisions of section

12A of the said Act apply, has not been

revoked before the expiry of the time for,

or on the basis of, the first review under

sub-section (3) of that section, or on the

basis of the report of the Advisory Board

under section 8, read with sub-section (6)

of section 12A, of the said Act; or

(iv) such order of detention has not

been set aside by a court of competent

jurisdiction;

52 of 1974.

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(c) to any person in respect of

whom prosecution for any offence

punishable under the provisions of

the Indian Penal Code, the

Unlawful Activities (Prevention)

Act, 1967, the Narcotic Drugs and

Psychotropic Substances Act,

1985, the Prevention of Corruption

Act, 1988 or for the purpose of

enforcement of any civil liability

has been instituted on or before

the filing of the declaration or such

person has been convicted of any

such offence punishable under

any of those Acts;

(d) to any person notified under

section 3 of the Special Court

(Trial of Offences Relating to

Transactions in Securities) Act,

1992.

209. Power of Central Government to issue

directions, etc.— (1) The Central Government

may, from time to time, issue such directions

or orders to the authorities, as it may deem fit,

for the proper administration of this Scheme:

Provided that no direction or order shall be

issued so as to require any designated

authority to dispose of a particular case in a

particular manner.

(2) Without prejudice to the generality of the

foregoing power, the Central Government may,

if it considers necessary or expedient so to do,

for the purpose of proper and efficient

administration of the Scheme and collection

of revenue, issue, from time to time, general

or special orders in respect of any class of

cases, setting forth directions or instructions

as to the guidelines, principles or procedures

to be followed by the authorities in the work

relating to administration of the Scheme and

collection of revenue and any such order may,

if the Central Government is of the opinion that

it is necessary in the public interest so to do,

be published in the Official Gazette in such

manner as may be prescribed.

210. Power to remove difficulties.— (1) If any

difficulty arises in giving effect to the

provisions of this Scheme, the Central

Government may, by order, not inconsistent

with the provisions of this Scheme, remove the

difficulty:

Provided that no such order shall be made

after the expiry of a period of two years from

the date on which the provisions of this

Scheme come into force.

(2) Every order made under this section

shall, as soon as may be after it is made, be

laid before each House of Parliament.

211. Power to make rules.— (1) The Central

Government may, by notification in the Official

Gazette, make rules for carrying out the

provisions of this Scheme.

(2) Without prejudice to the generality of

the foregoing power, such rules may provide

for all or any of the following matters,

namely:–

(a) the form in which a declaration may

be made and the manner in which such

declaration may be verified under sub-

-section (1) of section 203;

(b) the form of certificate which may be

granted under sub-section (1) of section

204;

(c) the manner in which orders may be

published under sub-section (2) of section

209;

(d) any other matter which by this

scheme is to be, or may be, prescribed, or

in respect of which provision is to be made,

by rules.

(3) Every rule made by the Central

Government under this Scheme shall be laid,

as soon as may be after it is made, before each

House of Parliament, while it is in session, for

a total period of thirty days, which may be

comprised in one session or in two or more

successive sessions, and if, before the expiry

of the session immediately following the

session or the successive sessions aforesaid,

both Houses agree in making any modification

in the rule or both Houses agree that the rule

should not be made, the rule shall thereafter

have effect only in such modified form or be of

no effect, as the case may be; so, however, that

any such modification or annulment shall be

without prejudice to the validity of anything

previously done under that rule.

45 of 1860.

37 of 1967.

61 of 1985.

49 of 1988.

27 of 1992.

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CHAPTER XI

The Indirect Tax Dispute Resolution Scheme, 2016

212. Short title, application and commence-

ment.— (1) This Scheme may be called

the Indirect Tax Dispute Resolution Scheme,

2016.

(2) It shall be applicable to the declarations

made up to the 31st day of December, 2016.

(3) It shall come into force on the 1st day of

June, 2016.

213. Definitions.— (1) In this Scheme, unless

the context otherwise requires,—

(a) “Act” means the Customs

Act, 1962 or the Central Excise

Act, 1944 or Chapter V of the

Finance Act, 1994, as the case may

be;

(b) “Assistant Commissioner” means the

Assistant Commissioner of Customs or the

Assistant Commissioner of Central Excise

or the Assistant Commissioner of Service

Tax, as the case may be;

(c)

“Commissioner”

means

the

Commissioner

of

Customs

or

the

Commissioner of Central Excise or the

Commissioner of Service Tax, as the case

may be;

(d) “declarant” means any person who

makes a declaration under sub-section (1)

of section 214;

(e) “designated authority” means an

officer not below the rank of Assistant

Commissioner who is authorised to act

as Assistant Commissioner by the

Commissioner for the purposes of this

Scheme;

(f) “impugned order” means any order

which is under challenge before the

Commissioner (Appeals);

(g) “indirect tax dispute” means a

dispute in respect of any of the provisions

of the Act which is pending before the

Commissioner (Appeals) as an appeal

against the impugned order as on the 1st

day of March, 2016;

(h) “prescribed” means prescribed by

rules made under this Scheme;

(i) “tax” includes duty or tax levied under

the Act.

(2) Words and expressions used herein and

not defined but defined in the Act or the rules

made thereunder shall have the meanings

respectively assigned to them in the Act or

the rules made thereunder.

214. Procedure for making declaration.— (1)

Subject to the provisions of this Scheme, a

person may make a declaration to the

designated authority on or before the 31st day

of December, 2016 in such form and manner

as may be prescribed.

(2) The designated authority shall

acknowledge the declaration in such form and

manner as may be prescribed.

(3) The declarant shall pay tax due

alongwith the interest thereon at the rate as

provided in the Act and penalty equivalent to

twenty-five per cent. of the penalty imposed

in the impugned order, within fifteen days

of the receipt of acknowledgement under

sub-section (2) and intimate the designated

authority within seven days of making such

payment giving the details of payment made

along with the proof thereof.

(4) On receipt of the proof of payment of tax,

interest and penalty under sub-section (3), the

designated authority shall, within fifteen days

of the receipt of such proof, pass an order of

discharge of dues referred to in sub-section

(3) in such form as may be prescribed.

215. Scheme not to apply in certain cases.—

The provisions of this Scheme shall not apply,

if—

(a) the impugned order is in respect of

search and seizure proceeding; or

(b)

prosecution

for

any

offence

punishable under the Act has been

instituted before the 1st day of June, 2016;

or

(c) the impugned order is in respect

of narcotic drugs or other prohibited

goods; or

52 of 1962.

1 of 1994.

32 of 1994.

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(d) impugned order is in respect

of any offence punishable under

the Indian Penal Code, the Narcotic

Drugs and Psychotropic Sub-

stances

Act,

1985

or

the

Prevention of Corruption Act, 1988;

or

(e) any detention order has been

passed under the Conservation of

Foreign Exchange and Prevention

of Smuggling Act, 1974.

216. Immunity from other proceedings under

Act.— (1) Notwithstanding anything

contained in any provision of the Act, upon

the passing of an order under sub-section (4)

of section 214, the appeal pending before the

Commissioner (Appeals) shall stand disposed

of and the declarant shall get immunity

from all proceedings under the Act, in

respect of the indirect tax dispute for which

the declaration has been made under this

Scheme.

(2) A declaration made under sub-section

(1) of section 214 shall become conclusive

upon the issuance of an order under

sub-section (4) of section 214 and no matter

relating to the impugned order shall be

reopened thereafter in any proceedings under

the Act before any authority or court.

217. Consequences of order made under

scheme.— (1) Any amount paid in pursuance

of a declaration made under sub-section (1)

of section 214 shall not be refunded.

(2) Any order passed under sub-section (4)

of section 214 shall not be deemed to be

an order on merits and has no binding

effect.

Explanation.— For the removal of doubts, it

is hereby declared that nothing contained in

this Scheme shall be construed as conferring

any benefit, concession or immunity on the

declarant other than the benefit, concession

or immunity granted under section 216.

218. Power to make rules.— (1) The Central

Government may, by notification in the Official

Gazette, make rules for carrying out the

provisions of this Scheme.

(2) Without prejudice to the generality of the

foregoing power, such rules may provide for

all or any of the following matters, namely:—

(a) the form and the manner in which a

declaration may be made under sub-section

(1) of section 214;

(b) the form and the manner of

acknowledging the declaration under

sub-section (2) of section 214;

(c) the form and the manner of issuing

an order of discharge under sub-section (4)

of section 214;

(d) any other matter which is to be, or

may be, prescribed, or in respect of which

provision is to be made, by rules.

(3) Every rule made under this Scheme shall

be laid, as soon as may be after it is made,

before each House of Parliament, while it is in

session, for a total period of thirty days which

may be comprised in one session or in two or

more successive sessions, and if, before the

expiry of the session immediately following the

session or the successive sessions aforesaid,

both Houses agree in making any modification

in the rule or both Houses agree that the rule

should not be made, the rule shall thereafter

have effect only in such modified form or be of

no effect, as the case may be; so, however, that

any such modification or annulment shall be

without prejudice to the validity of anything

previously done under that rule.

CHAPTER XII

Miscellaneous

PART I

Amendments to the Reserve Bank of India Act, 1934

219. Commencement and Amendment of

Act 2 of 1934.— The provisions of this Part shall

come into force on such date as the Central

Government may, by notification in the Official

Gazette, appoint.

220. Amendment of preamble.— In the

Reserve Bank of India Act, 1934 (herein

referred to as the principal Act), in the

Preamble, for paragraphs 2 and 3, the

45 of 1860.

61 of 1985.

49 of 1988.

52 of 1974.

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following paragraphs shall be substituted,

namely:—

“And whereas it is essential to have a

modern monetary policy framework to meet

the challenge of an increasingly complex

economy;

And whereas the primary objective of

the monetary policy is to maintain price

stability while keeping in mind the objective

of growth;

And whereas the monetary policy

framework in India shall be operated by the

Reserve Bank of India;”.

221. Amendment of section 2.— In section

2 of the principal Act,—

(i) after clause (b), the following clause

shall be inserted, namely:—

‘(bva) “Consumer Price Index” means

the Consumer Price Index Combined

published by the Government of India

from time to time;’;

(ii) after clause (c), the following clauses

shall be inserted, namely:—

‘(ci) “inflation” means the year wise

change in monthly Consumer Price Index

expressed in terms of percentage:

(cii) “inflation target” means the

inflation target determined in accordance

with sub-section (1) of section 45ZA:’;

(iii) after clause (cc), the following clauses

shall be inserted, namely:—

‘(cci) “Monetary Policy Committee”

means the Committee constituted under

sub-section (1) of section 45ZB;’:

(iv) after clause (cccc), the following

clause shall be inserted, namely:—

‘(cccci) “Policy Rate” means the rate for

repo-transactions under sub-section

(12AB) of section 17;’.

222. Insertion of new Chapter III F.— After

Chapter III E of the principal Act, the following

Chapter shall be inserted, namely:—

“CHAPTER III F

Monetary Policy

45Z. Provisions of this Chapter to override

other provision of Act.— The provisions of this

Chapter shall have effect, notwithstanding

anything inconsistent therewith contained in

any other provisions of this Act.

45ZA. Inflation target.— (1) The Central

Government shall, in consultation with the

Bank, determine the inflation target in terms

of the Consumer Price Index, once in every

five years.

(2) The Central Government shall, upon

such determination, notify the inflation target

in the Official Gazette.

45ZB. Constitution of Monetary Policy

Committee.— (1) The Central Government

may, by notification in the Official Gazette,

constitute a Committee to be called the

Monetary Policy Committee of the Bank.

(2) The Monetary Policy Committee shall

consist of the following Members, namely:—

(a) the Governor of the Bank-

Chairperson, ex officio;

(b) Deputy Governor of the Bank, in

charge of Monetary Policy-Member, ex

officio:

(c) one officer of the Bank to be

nominated by the Central Board-Member,

ex officio; and

(d) three persons to be appointed by

the Central Government-Members.

(3) The Monetary Policy Committee shall

determine the Policy Rate required to achieve

the inflation target.

(4) The decision of the Monetary Policy

Committee shall be binding on the Bank.

45ZC. Eligibility and selection of Members

appointed by Central Government.— (1) The

Members of the Monetary Policy Committee

referred to in clause (d) of sub-section (2) of

section 45ZB shall be appointed by the Central

Government from amongst persons of ability,

integrity and standing, having knowledge and

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experience in the field of economics or banking

or finance or monetary policy:

Provided that no person shall be appointed

as a Member, in case such person—

(i) has completed the age of seventy years

on the date of appointment as Member;

(ii) is a Member of any Board or Committee

of the Bank;

(iii) is an employee of the Bank;

(iv) is a public servant as defined

under section 21 of the Indian Penal

Code;

(v) is a Member of Parliament or any State

Legislature;

(vi) has been at any time, adjudged as an

insolvent;

(vii) has been convicted of an offence which

is punishable with an imprisonment for a term

of one hundred and eighty days or more:

(viii) is physically or mentally incapable of

discharging the duties of a Member of the

Monetary Policy Committee; or

(ix) has a material conflict of interest with

the Bank and is unable to resolve such conflict.

(2) The Members of the Monetary Policy

Committee referred to in clause (d) of sub-

-section (2) of section 45ZB shall be appointed

by the Central Government on the

recommendations made by Search-cum-

-Selection Committee consisting of the

following members, namely:—

(a) Cabinet Secretary —Chairperson;

(b) Governor of the Reserve Bank of India

or his representative (not below the rank of

Deputy Governor —Member;

(c) Secretary, Department of Economic

Affairs —Member;

(d) three experts in the field of economics

or banking or finance or Monetary policy

to be nominated by the Central Government

—Members.

(3) While selecting the Members of the

Monetary Policy Committee, the Search-cum-

Selection Committee shall follow such

procedure as may be prescribed by the

Central Government.

45ZD. Terms and condition of appointment

of Members of Monetary Policy Committee.—

(1) The Members of the Monetary Policy

Committee appointed under clause (d) of

sub-section (2) of section 45ZB shall hold office

for a period of four years and shall not be

eligible for re-appointment.

(2) The terms and conditions of appointment

of Members of the Monetary Policy Committee

shall be such as may be prescribed by the

Central Government and the remuneration

and other allowances payable to such

Members shall be such as may be specified

by the regulations made by the Central Board.

(3) A Member may resign from the

Monetary Policy Committee, at any time before

the expiry of his tenure under sub-section (1),

by giving to the Central Government, a written

notice of not less than six weeks, and on the

acceptance of the resignation by the Central

Government, he shall cease to be a Member

of the Monetary Policy Committee.

45ZE. Removal of members of monetary

policy committee.— (1) The Central

Government may remove from office any

Member of the Monetary Policy Committee

appointed under clause (d) of sub-section (2)

of section 45ZB, who—

(a) is, or at any time has been, adjudged

as an insolvent; or

(b) has become physically or mentally

incapable of acting as a Member; or

(c) has been convicted of an offence

which, in the opinion of the Central

Government, involves moral turpitude; or

(d) has failed to adequately disclose any

material conflict of interest at the time of

his appointment; or

(e) does not attend three consecutive

meetings of the Monetary Policy Committee

without obtaining prior leave; or

45 of 1860.

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(f) has acquired such financial or other

interest as is likely to affect prejudicially his

functions as a Member; or

(g) has acquired any post referred to in

clauses (ii), (iii), (iv) and clause (v) of the

proviso to sub-section (1) of section 45ZC;

or

(h) has, in the opinion of the Central

Government, so abused his position as to

render his continuance in office detrimental

to the public interest.

(2) No Member appointed under clause (d)

of sub-section (2) of section 45ZB shall be

removed under clause (d) or clause (e) or

clause (f) or clause (g) or clause (h) of sub-

-section(1) unless he has been given a

reasonable opportunity of being heard in the

matter.

45ZF. Vacancies etc., not to invalidate

proceedings of Monetary Policy Committee.—

No act or proceeding of the Monetary Policy

Committee shall be invalid merely by

reason of—

(a) any vacancy in, or any defect in the

constitution of the Monetary Policy

Committee; or

(b) any defect in the appointment of a

person acting as a Member of the Monetary

Policy Committee; or

(c) any irregularity in the procedure of the

Monetary Policy Committee not affecting the

merits of the case.

45ZG. Secretary to Monetary Policy

Committee.— (1) The Bank shall appoint a

Secretary to the Monetary Policy Committee

to provide secretariat support to the said

Committee.

(2) The Secretary shall perform such

functions and in such manner as may be

specified by the regulations made by the

Central Board.

45ZH. Information for Monetary Policy

Committee Members.— (1) The Bank shall

provide all information to the Members of the

Monetary Policy Committee that may be

relevant to achieve the inflation target.

(2) In addition to information provided by

the Bank under sub-section (1), any Member

of the Monetary Policy Committee may, at any

time, request the Bank for additional

information, including any data, models or

analysis.

(3) The Bank shall provide the information,

as referred to in sub-section (2), to the

Member of the Monetary Policy Committee,

within reasonable time, unless—

(a) the information pertains to an entity

or person and is not publicly available; or

(b) the information allows an entity or

person to be identified and the information

is not publicly available.

(4) Any information provided by the Bank

to a Member of the Monetary Policy

Committee shall be provided to all the

Members of the Monetary Policy Committee.

45ZI. Meetings of Monetary Policy

Committee.— (1) The Bank shall organise at

least four meetings of the Monetary Policy

Committee in a year.

(2) The meeting schedule of the Monetary

Policy Committee for a year shall be published

by the Bank at least one week before the first

meeting in that year.

(3) The meeting schedule may be changed

only—

(a) by way of a decision taken at a prior

meeting of the Monetary Policy Committee;

or

(b) if, in the opinion of the Governor, an

additional meeting is required or a meeting

is required to be rescheduled due to

administrative exigencies.

(4) Any change in meeting schedule shall

be published by the Bank as soon as

practicable.

(5) The quorum for a meeting of the

Monetary Policy Committee shall be four

Members, at least one of whom shall be the

Governor and in his absence, the Deputy

Governor who is the Member of the Monetary

Policy Committee.

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(6) The meetings of the Monetary Policy

Committee shall be presided over by the

Governor, and in his absence by the Deputy

Governor who is a Member of the Monetary

Policy Committee.

(7) Each Member of the Monetary Policy

Committee shall have one vote.

(8) All questions which come up before any

meeting of the Monetary Policy Committee

shall be decided by a majority of votes by the

Members present and voting, and in the event

of an equality of votes, the Governor shall have

a second or casting vote.

(9) The Central Government may, if it

considers necessary, convey its views in

writing to the Monetary Policy Committee from

time to time.

(10) The vote of each Member of the

Monetary Policy Committee for a proposed

resolution shall be recorded against such

Member.

(11) Each Member of the Monetary Policy

Committee shall write a statement specifying

the reasons for voting in favour of, or against

the proposed resolution.

(12) The procedure, conduct, code of

confidentiality and any other incidental matter

for the functioning of the Monetary Policy

Committee shall be such as may be specified

by the regulations made by the Central Board.

(13) The proceeding of the Monetary Policy

Committee shall be confidential.

45ZJ. Steps to be taken to implement

decision of Monetary Policy Committee.— (1)

The Bank shall publish a document explaining

the steps to be taken by it to implement the

decisions of the Monetary Policy Committee,

including any changes thereto.

(2) The particulars to be included in such

document and the frequency of publications

of such document shall be such as may be

specified by the regulations made by the

Central Board.

45ZK. Publication of decisions.— The Bank

shall publish, after the conclusion of every

meeting of the Monetary Policy Committee, the

resolution adopted by the said Committee;

45ZL. Publication of proceedings of meeting

of Monetary Policy Committee.— The Bank

shall publish, on the fourteenth day after

every meeting of the Monetary Policy

Committee, the minutes of the proceedings of

the meeting which shall include the following,

namely:—

(a) the resolution adopted at the meeting

of the Monetary Policy Committee;

(b) the vote of each member of the

Monetary Policy Committee, ascribed to

such member, on resolutions adopted in the

said meeting; and

(c) the statement of each member of the

Monetary Policy Committee under sub-

section (1) of section 45ZL on the

resolutions adopted in the said meeting.

45ZM. Monetary Policy Report.— (1) The

Bank shall, once in every six months, publish

a document to be called the Monetary Policy

Report, explaining—

(a) the sources of inflation; and

(b) the forecasts of inflation for the period

between six to eighteen months from the

date of publication of the document.

(2) The form and contents of the Monetary

Policy Report shall be such as may be

specified by the regulations made by the

Central Board.

45ZN. Failure to maintain inflation target.—

Where the Bank fails to meet the inflation

target, it shall set out in a report to the Central

Government–

(a) the reasons for failure to achieve the

inflation target;

(b) remedial actions proposed to be taken

by the Bank; and

(c) an estimate of the time-period within

which the inflation target shall be achieved

pursuant to timely implementation of

proposed remedial actions.

Explanation.— For the purposes of this

section, the factors that constitute failure shall

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be such as may be notified by the Central

Government in the Official Gazette, within

three months from the date of the

commencement of Part I of Chapter XII of the

Finance Act, 2016.

45ZO. Power to make rules.— (1) The Central

Government may, by notification in the Official

Gazette, make rules for the purpose of carrying

out the provisions of this Chapter.

(2) In particular and without prejudice to

the generality of the foregoing power, such

rules may provide for—

(a) the procedure of functioning of the

Search-cum-Selection Committee under

sub-section (3) of section 45ZC;

(b) the terms and conditions of

appointment, (other than the remuneration

and other allowances), of Members of the

Monetary Policy Committee under sub-

section (2) of section 45ZD; and

(c) any other matter which is to be, or may

be, prescribed by the Central Government

by rules.”.

223. Amendment of section 58.— In section

58 of the principal Act, in sub-section (2), after

clause (q), the following clauses shall be

inserted, namely:—

“(qa) the remuneration and other

allowances payable to Members of the

Monetary Policy Committee under sub-

-section (2) of section 45ZD;

(qb) the functions of the Secretary under

sub-section (2) of section 45ZG;

(qc) the procedure, manner of conducting

of meetings and related matters of

the Monetary Policy Committee under

sub-section (12) of section 45ZI;

(qd) the particulars and the frequency of

publication of document under sub-section

(2) of section 45ZJ;

(qe)

the

form

and

contents

of

the Monetary Policy Report to be

published under sub-section (2) of section

45ZM;”.

PART II

Amendment to the Central Sales Tax Act, 1956

224. Amendment of Act 74 of 1956.— In the

Central Sales Tax Act, 1956, in section 3, after

Explanation 2, the following Explanation shall

be inserted, namely:—

“Explanation 3.— Where the gas sold or

purchased and transported through a

common carrier pipeline or any other

common transport or distribution system

becomes co-mingled and fungible with

other gas in the pipeline or system and such

gas is introduced into the pipeline or system

in one State and is taken out from the

pipeline in another State, such sale or

purchase of gas shall be deemed to be a

movement of goods from one State to

another.”.

PART III

Amendment to the Oil Industrial (Development)

Act, 1974

225. Amendment of Schedule of Act 47 of

1974.— In the Oil Industry (Development)

Act, 1974, in the Schedule, against Sl. No. 1

relating to crude oil, for the entry in column 3,

the entry “twenty per cent. ad valorem” shall

be substituted.

PART IV

Amendment to the Smugglers and Foreign

Exchange Manipulators (Forefeiture of Property)

Act, 1976

226. Amendment of Act 13 of 1976.— In

the Smugglers and Foreign Exchange

Manipulators (Forfeiture of Property) Act,

1976 with effect from the 1st day of June,

2016,—

(a) section 2A shall be omitted;

(b) in section 3, in sub-section (1), in

clause (a), the words “for Forfeited

Property” shall be omitted;

(c) in section 12,—

(i) in sub-section (1),—

(A) the words “to be called the

Appellate Tribunal for Forfeited

Property” shall be omitted;

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(B) for the words “hearing appeals

against the orders made under section

7, sub-section (1) of section 9 or section

10”, the following shall be substituted,

namely:—

“hearing appeals against the orders made—

(a) under section 7, sub-section (1)

of section 9 or section 10;

(b) under section 68F,

section 68-I, sub-section

(1) of section 68K or section

68L of the Narcotic Drugs

and Psychotropic Sub-

stances Act, 1985;

(c) by the Adjudicating

Authority or any other

authority

under

the

Prevention of Money-

laundering Act, 2002.”;

(ii) in sub-section (2), the words “or is

qualified to be” shall be omitted;

(iii) in sub-section (6A), for the words

“Bench of two members”, the words

“Bench with one or two members” shall

be substituted;

(iv) after sub-section (6A), the

following sub-sections shall be inserted,

namely:—

“(6B) In the event of the occurrence

of any vacancy in the office of the

Chairman by reason of his death,

resignation or otherwise, the senior-

most member, shall act as the

Chairman until the date on which

a new Chairman, appointed in

accordance with the provisions of this

Act to fill such vacancy, enters upon

his office.

(6C) When the Chairman is unable

to discharge his functions owing to

absence, illness or any other cause, the

senior-most member shall discharge

the functions of the Chairman until the

date on which the Chairman resumes

his duties.”.

PART V

Amendment to the Narcotic Drugs and Psychotropic

Substances Act, 1985

227. Amendment of Act 61 of 1985.— In the

Narcotic Drugs and Psychotropic Substances

Act, 1985 with effect from the 1st day of June,

2016,—

(a) in section 68B, in clause (a), for the

words “for Forfeited Property constituted

under”, the words “referred to in” shall be

substituted;

(b) for section 68N, the following section

shall be substituted, namely:—

“68N. The Appellate Tribunal

constituted under sub-section

(1) of section 12 of the

Smugglers

and

Foreign

Exchange

Manipulators

(Forfeiture of Property) Act,

1976 shall be the Appellate

Tribunal for hearing appeals

against the orders made under

section 68F, section 68-1, sub-

-section (1) of section 68K or

section 68L.”;

(c) in section 76, in sub-section (2), clause

(db) shall be omitted.

PART VI

Amendments to the Foreign Exchange Management

Act, 1999

228. Commencement of this part.— The

provisions of this Part shall come into force on

such date as the Central Government may, by

notification in the Official Gazette, appoint.

229. Amendment of Act 42 of 1999.— In the

Foreign Exchange Management Act, 1999,

after section 14, the fol1owing section shall

be inserted, namely:—

“14A. Power to recover arrears of

penalty.— (1) Save as otherwise provided

in this Act, the Adjudicating Authority may,

by order in writing, authorise an officer of

Enforcement not below the rank of Assistant

Director to recover any arrears of penalty

from any person who fails to make full

payment of penalty imposed on him under

section 13 within the period of ninety days

61 of 1985.

15 of 2003.

13 of 1976.

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from the date on which the notice for

payment of such penalty is served on him.

(2) The officer referred to in sub-

section (1) shall exercise all the

like powers which are conferred

on the income-tax authority in

relation to recovery of tax under

the Income-tax Act, 1961 and the

procedure laid down under the

Second Schedule to the said Act

shall mutatis mutandis apply in

relation to recovery of arrears of

penalty under this Act.”.

PART VII

Amendment to the Central Road Fund Act, 2000

230. Amendment of Act 54 of 2000.— In

section 10 of the Central Road Fund Act, 2000,

with effect from the 1st day of June, 2016,—

(A) in sub-section (1), for clause (viii), the

following clause shall be substituted,

namely:—

“(viii) allocation of—

(a) thirty-three and one-half per cent

of the cess on high speed diesel and

petrol for the development of rural

roads;

(b) forty-one and one-half per cent.

of the cess on high speed diesel and

petrol for the development and

maintenance of national highways;

(c) fourteen per cent. of the cess on

high speed diesel and petrol for

railways safety works, including the

construction of road either under

or over the railways by means of a

bridge and erection of safety works

at unmanned rail-road crossings,

new lines, conversion of existing

standard lines into gauge lines and

electrification of rail lines:

Provided that no repair, maintenance

or renovation work shall be carried out

from the allocation of cess under this

sub-clause;

(d) ten per cent. of the cess on

high speed diesel and petrol on

development and maintenance of State

roads of inter-State and economic

importance to be so approved by the

Central Government; and

(f) one per cent. of the cess on

high speed diesel and petrol on

development and maintenance of road

in border areas.”;

(B) sub-section (2) shall be omitted.

PART VIII

Amendment to the Finance Act, 2001

231. Amendment of Act 14 of 2001.— In

the Finance Act, 2001, the Seventh Schedule

shall be amended,—

(i) in the manner specified in the Twelfth

Schedule;

(ii) in the manner specified in the

Thirteenth Schedule, with effect from the

1st day of January, 2017.

PART IX

Amendment to the Prevention of Money-Laundering

Act, 2002

232. Amendment of Act 15 of 2003.— In the

Prevention of Money-laundering Act, 2002

with effect from the 1st day of June, 2016,—

(a) in section 2 in sub-section (1), in

clause (b), for the words “established

under”, the words “referred to in” shall be

substituted;

(b) for section 25, the following section

shall be substituted, namely:—

“25. Appellate Tribunal.—

The

Appellate

Tribunal

constituted under sub-section

(1) of section 12 of the

Smugglers

and

Foreign

Exchange Manipulators (For-

feiture of Property) Act, 1976

shall be the Appellate Tribunal

for hearing appeals against the

orders of the Adjudicating

Authority

and

the

other

authorities under this Act.”;

(c) sections 27, 28, 30, 31, 32, 33 and 34

shall be omitted;

43 of 1961.

13 of 1976.

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(d) in sections 36, 37, 38 and 40 for the

word “Chairperson” wherever it occurs, the

word “Chairman” shall be substituted;

(e) in section 73, in sub-section (2),

clauses (s) and (t) shall be omitted.

PART X

Amendment to the Finance (No. 2) Act, 2004

233. Amendment of Act 23 of 2004.— In the

Finance (No. 2) Act, 2004 with effect from the

1st day of June, 2016,—

(a) in section 98, in the Table, against

serial number 4, in item (a), under column

(3), for the entry “0.017 per cent.”, the entry

“0.05 per cent.” shall be substituted;

(b) for section 113A, the following section

shall be substituted, namely:—

‘113A. Chapter VII not to apply in

certain

cases.—

Notwithstanding

anything contained in this Chapter, the

provisions of this Chapter shall not apply

to taxable securities transactions entered

into by,—

(a) any person for or on behalf

of, the New Pension System Trust

referred to in clause (44) of section

10 of the Income-tax Act, 1961; or

(b) any person on a recognised stock

exchange located in an International

Financial Services Centre where the

consideration for such transaction is paid

or payable in foreign currency.

Explanation.— For the purposes of

this section, “International Financial

Services Centre” shall have the

same meaning as assigned to it in

clause (q) of section 2 of the Special

Economic Zones Act, 2005.’.

PART XI

Amendment to the Finance Act, 2005

234. Amendment of Act 18 of 2005.— In the

Finance Act, 2005, the Seventh Schedule shall

be amended in the manner specified in the

Fourteenth Schedule.

PART XII

Amendment to the Finance Act, 2010

235. Amendment of Act 14 of 2010.— In

the Finance Act, 2010,—

(i) in Chapter VII or in any other law for

the time being in force, for the words “Clean

Energy Cess”, wherever they occur, the

words “Clean Environment Cess” shall be

substituted;

(ii) in the Tenth Schedule, for the entry in

column (4) occurring against all the

headings, the entry “Rs. 400 per tonne”

shall be substituted.

PART XIII

Amendment to the Foreign Contribution (Regulation)

Act, 2010

236. Amendment of section 2 of Act 42

of 2010.— In the Foreign Contribution

(Regulation) Act, 2010, in section 2, in

sub-section (1), in clause (j), in sub-clause (vi),

the following proviso shall be inserted and

shall be deemed to have been inserted with

effect from the 26th September, 2010,

namely:—

“Provided that where the

nominal value of share capital is

within the limits specified for

foreign investment under the

Foreign Exchange Management

Act, 1999, or the rules or

regulations made thereunder,

then, notwithstanding the nominal

value of share capital of a

company being more than one-half

of such value at the time of making

the contribution, such company

shall not be a foreign source;”.

PART XIV

Amendment to the Finance Act, 2013

237. Amendment of Act 17 of 2013.— In the

Finance Act, 2013, after section 132, the

following section shall be inserted, with effect

from the 1st day of June, 2016, namely:—

‘132A. Chapter VII not to apply in certain

cases.—

Notwithstanding

anything

contained in this Chapter, the provisions of

this Chapter shall not apply to taxable

commodities transactions entered into by

any person on a recognised association

42 of 1999.

43 of 1961.

28 of 2005.

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located in an International Financial

Services Centre, where the consideration

for such transaction is paid or payable in

foreign currency.

Explanation.— For the purposes

of this section, “International

Financial Services Centre” shall

have the same meaning as

assigned to it in clause (q) of

section 2 of the Special Economic

Zones, Act, 2005.’.

PART XV

Amendment to the Finance Act, 2015

238. Amendment of Act 20 of 2015.— In the

Finance Act, 2015,—

(a) in section 4, clause (ii) shall be

omitted with effect from the 1st day of April,

2016;

(b) with effect from the 1st day of June,

2016,—

(i) in section 122, in sub-section (2), for

the words “Any credit balance”, the

words “Notwithstanding anything

contrary contained in any other law for

the time being in force, any credit

balance” shall be substituted;

(ii) in section 124, sub-section (5) shall

be omitted;

(iii) in section 128, in sub-section (2),

clause (c) shall be omitted.

PART XVI

Repeal and Amendment of certain enactments

239. Repeal and amendment of certain

enactments.— The enactments specified in

the Fifteenth Schedule are hereby repealed or

amended to the extent mentioned in the fourth

column thereof.

240. Savings.— (1) The repeal by this Act

of the enactments specified in the Fifteenth

Schedule or amendments therein shall not—

(a) affect any other enactment in which

the repealed enactment has been applied,

incorporated or referred to;

(b) affect the validity, invalidity, effect or

consequences of anything already done or

suffered, or any right, title, obligation or

liability already acquired, accrued or

incurred or any remedy or proceeding in

respect thereof, or any release or discharge

of or from any debt, penalty, obligation,

liability, claim or demand, or any indemnity

already granted, or the proof of any past act

or thing;

(c) affect any principle or rule of law, or

established jurisdiction, form or course of

pleading, practice or procedure, or existing

usage, custom, privilege, restriction,

exemption,

office

or

appointment,

notwithstanding that the same respectively

may have been in any manner affirmed or

recognised or derived by, in or from any

enactment hereby repealed;

(d) revive or restore any jurisdiction,

office, custom, liability, right, title, privilege,

restriction, exemption, usage, practice,

procedure or other matter or thing not now

existing or in force.

(2) The mention of particular

matters in sub-section (1) shall not

be held to prejudice or affect the

general application of section 6 of

the General Clauses Act, 1897,

with regard to the effect of repeals.

241. Collection and payment of arrears of

duties.— Notwithstanding the repeal or

amendment of the enactments specified in

the Fifteenth Schedule, the proceeds of

duties levied under the said enactments

immediately preceding the date on which

the Finance Bill, 2016 receives the assent of

the President,—

(i) if collected by the collecting agencies

but not paid into the Reserve Bank of India;

or

(ii) if not collected by the collecting

agencies,

shall be paid or as the case may be,

collected and paid into the Reserve

Bank of India for being credited to the

Consolidated Fund of India.

28 of 2005.

10 of 1897.

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THE FIRST SCHEDULE

(See section 2)

PART I

INCOME-TAX

Paragraph A

(1) In the case of every individual other than the individual referred to in items (II) and (III) of this Paragraph

or Hindu undivided family or association of persons or body of individuals, whether incorporated or not

or every artificial juridical person referred to in sub-clause (vii) of clause (31) of section 2 of the Income-tax

Act, not being a case to which any other Paragraph of this Part applies,—

Rates of income-tax

(1)

where the total income does not exceed

Nil;

Rs. 2,50,000

(2)

where the total income exceeds Rs. 2,50,000

10 per cent of the amount by which the total

but does not exceed Rs. 5,00,000

income exceeds Rs. 2,50,000;

(3)

where the total income exceeds Rs. 5,00,000

Rs. 25,000 plus 20 per cent. of the amount by

but does not exceed Rs. 10,00,000

which the total income exceeds Rs. 5,00,000;

(4)

where the total income exceeds Rs. 10,00,000

Rs. 1,25,000 plus 30 per cent. of the amount by

which the total income exceeds Rs. 10,00,000;

(II) 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,—

Rates of income-tax

(1)

where the total income does not exceed

Nil;

Rs. 3,00,000

(2)

where the total income exceeds Rs. 3,00,000

10 per cent. of the amount by which the total

but does not exceed Rs. 5,00,000

income exceeds Rs. 3,00,000;

(3)

where the total income exceeds Rs. 5,00,000

Rs. 20,000 plus 20 per cent. of the amount by

by does not exceed Rs. 10,00,000

which the total income exceeds Rs. 5,00,000;

(4)

where the total income exceeds Rs. 10,00,000

Rs. 1,20,000 plus 30 per cent. of the amount by which

the total income exceeds Rs. 10,00,000.

(III) 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,—

Rates of income-tax

(1)

where the total income does not exceed

Nil;

Rs. 5,00,000

(2)

where the total income exceeds Rs. 5,00,000

20 per cent. of the amount by which the total

but does not exceed Rs. 10,00,000

income exceeds Rs. 5,00,000;

(3)

where the total income exceeds Rs. 10,00,000

Rs. 1,00,000 plus 30 per cent. of the amount by which

the total income exceeds Rs. 10,00,000.

Surcharge on income-tax

The amount of income-tax computed in accordance with the preceding provisions of this Paragraph, or

the provisions of section 111A or section 112 of the Income-tax Act, shall, in the case of every individual or

Hindu undivided family or association of persons or body of individuals, whether incorporated or not, or

every artificial juridical person referred to in sub-clause (vii) of clause (31) of section 2 of the Income-tax Act,

having a total income exceeding one crore rupees, be increased by a surcharge for the purposes of the Union

calculated at the rate of twelve per cent. of such income-tax:

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Provided that in the case of persons mentioned above having total income exceeding one crore rupees,

the total amount payable as income-tax and surcharge on such income 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.

Paragraph B

In the case of every co-operative society,–

Rates of income-tax

(1) where the total income does not exceed

10 per cent. of the total income;

Rs. 10,000

(2) where the total income exceeds Rs. 10,000 but

Rs. 1,000 plus 20 per cent. of the amount by which

not exceed Rs. 20,000

the total income exceeds Rs. 10,000;

(3) where the total income exceeds Rs. 20,000

Rs. 3,000 plus 30 per cent. of the amount by which

the total income exceeds Rs. 20,000.

Surcharge on income-tax

The amount of income-tax computed in accordance with the preceding provisions of this Paragraph, or

the provisions of section 111A or section 112 of the Income-tax Act, shall, in the case of every co-operative

society, having a total income exceeding one crore rupees, be increased by a surcharge for the purposes of

the Union calculated at the rate of twelve per cent. of such income-tax:

Provided that in the case of co-operative society mentioned above having total income exceeding one

crore rupees, the total amount payable as income-tax and surcharge on such income 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.

Paragraph C

In the case of every firm,—

Rate of income-tax

On the whole of the total income

30 per cent.

Surcharge on income-tax

The amount of income-tax computed in accordance with the preceding provisions of this Paragraph, or

the provisions of section 111 A or section 112 of the Income-tax Act, shall, in the case of every firm, having a

total income exceeding one crore rupees, be increased by a surcharge for the purposes of the Union calculated

at the rate of twelve per cent. of such income-tax:

Provided that in the case of firm mentioned above having total income exceeding one crore rupees, the

total amount payable as income-tax and surcharge on such income 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.

Paragraph D

In the case of every local authority,—

Rate of income-tax

On the whole of the total income

30 per cent.

Surcharge on income-tax

The amount of income-tax computed in accordance with the preceding provisions of this Paragraph, or

the provisions of section 111A or section 112 of the Income-tax Act, shall, in the case of every local authority,

having a total income exceeding one crore rupees, be increased by a surcharge for the purposes of the Union

calculated at the rate of twelve per cent. of such income-tax:

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Provided that in the case of local authority mentioned above having total income exceeding one crore

rupees, the total amount payable as income-tax and surcharge on such income 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.

Paragraph E

In the case of a company,—

Rates of income-tax

I. In the ease of a domestic company

30 per cent. of the total income.

II. In the case of a company other than a domestic company,—

(i) on so much of the total income as consists of.—

(a) royalties received from Government or

an Indian concern in pursuance of an

agreement made by it with the Government

or the Indian concern after the 31st day of

March, 1961 but before the 1st day of

April, 1976; or

(b) fees for rendering technical services

received from Government or an Indian

concern in pursuance of an agreement

made by it with the Government or the

Indian concern after the 29th day of February,

1964 but before the 1st day of April, 1976,

and where such agreement has, in either case,

been approved by the Central Government.

50 per cent.

(ii) on the balance, if any, of the total income

40 per cent.

Surcharge on income-tax

The amount of income-tax computed in accordance with the preceding provisions of this Paragraph, or

the provisions of section 111A or section 112 of the Income-tax Act, shall, be increased by a surcharge for the

purposes of the Union calculated,—

(i) in the case of every domestic company,—

(a) having a total income exceeding one crore rupees, but not exceeding ten crore rupees, at the rate of

seven per cent. of such income-tax; and

(b) having a total income exceeding ten crore rupees, at the rate of twelve per cent. of such income-tax;

(ii) in the case of every company other than a domestic company,—

(a) having a total income exceeding one crore rupees but not exceeding ten crore rupees, at the rate of

two per cent. of such income-tax; and

(b) having a total income exceeding ten crore rupees, at the rate of five per cent. of such income-tax:

Provided that in the case of every company having a total income exceeding one, crore rupees but not

exceeding ten crore rupees, the total amount payable as income-tax and surcharge on such income 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:

Provided further that in the case of every company having a total income exceeding ten crore rupees, the

total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable

as income-tax and surcharge on a total income often crore rupees by more than the amount of income that

exceeds ten crore rupees.

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PART II

Rates for deduction of Tax at source in certain cases

In every case in which under the provisions of sections 193, 194, 194A, 194B, 194BB, 194D, 194LBA,

194LBB, 194LBC and 195 of the Income-tax Act, tax is to be deducted at the rates in force, deduction shall be

made from the income subject to the deduction at the following rates:—

Rate of income-tax

1. In the case of a person other than a company—

(a) where the person is resident in India—

(i) on income by way of interest other than “Interest on securities”

10 per cent.;

(ii) on income by way of winnings from lotteries, crossword puzzles,

30 per cent.;

card games and other games of any sort

(iii) on income by way of winnings from horse races

30 per cent.;

(iv) on income by way of insurance commission

5 per cent.;

(v)

on income by way of interest payable on–

10 per cent.;

(A) any debentures or securities for money issued by or on behalf of any

local authority or a corporation established by a Central State or Provincial Act:

(B) any debentures issued by a company where such debentures are listed on

a recognised stock exchange in India in accordance with the Securities Contracts

(Regulation) Act, 1956 (42 of 1956) and any rules made thereunder:

Rate of income-tax

(C) any security of the Central or State Government;

(vi) on any other income.

10 per cent;

(b) where the person is not resident in India–

(i) in the case of a non-resident Indian–

20 per cent;

(A) on any investment income.

(B) on income by way of long-term capital gains referred to in section 115E or

10 per cent;

sub-clause (iii) of clause (c) of sub-section (1) of section 112.

(C) on income by way of short-term capital gains referred to in section 111A.

15 per cent;

(D) on other income by way of long-term capital gains [not being long-term

20 per cent;

capital gains referred to in clauses (33), (36) and (38) of section 10].

(E) on income by way of interest payable by Government or an Indian concern 20 per cent;

on moneys borrowed or debt incurred by Government or the Indian concern in

foreign currency (not being income by way of interest referred to in section

194LB or section 194LC).

(F) on income by way of royalty payable by Government or an Indian concern

10 per cent;

in pursuance of an agreement made by it with the Government or the Indian

concern where such royalty is in consideration for the transfer of all or any

rights (including the granting of a licence) in respect of copyright in any book

on a subject referred to in the first proviso to sub-section (1A) of section 115A of

the Income-tax Act to the Indian concern, or in respect of any computer software

referred to in the second proviso to sub-section (1A) of section 115A of the

Income-tax Act, to a person resident in India.

(G) on income by way of royalty [not being royalty of the nature referred to in

10 per cent;

sub-item (b)(i)(F)] payable by Government or an Indian concern in pursuance of

an agreement made by it with the Government or the Indian concern and where

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such agreement is with an Indian concern, the agreement is approved by the

Central Government or where it relates to a matter included in the industrial

policy, for the time being in force of the Government of India, the agreement is

in accordance with that policy.

(H) on income by way of fees for technical services payable by Government or an 10 per cent;

Indian concern in pursuance of an agreement made by it with the Government

or the Indian concern and where such agreement is with an Indian concern, the

agreement is approved by the Central Government or where it relates to a

matter included in the industrial policy, for the time being in force, of the

Government of India, the agreement is in accordance with that policy

(I) on income by way of winnings from lotteries, crossword puzzles, card games 20 per cent;

and other games of any sort.

(J) on income by way of winnings from horse races.

30 per cent;

(K) on the whole of the other income.

30 per cent;

(ii) in the case of any other person—

(A) on income by way of interest payable by Government or an Indian concern on 20 per cent;

moneys borrowed or debt incurred by Government or the Indian concern in

foreign currency (not being income by way of interest referred to in section

194LB or section 194LC).

(B) on income by way of royalty payable by Government or an Indian concern in

10 per cent;

pursuance of an agreement made by it with the Government or the Indian concern

where such royalty is in consideration for the transfer of all or any rights (including

the granting of a licence) in respect of copyright in any book on a subject referred to

in the first proviso to sub-section, (1A) of section 115A of the Income-tax Act, to the

Indian concern, or in respect of any computer software referred to in the second

proviso to sub-section (1A) of section 115A of the Income-tax Act, to a person

resident in India.

(C) on income by way or royalty [not being royalty of the nature referred to in

10 per cent;

sub-item (b)(II)(B)] payable by Government or an Indian concern in pursuance

of an agreement made by it with the Government or the Indian concern and where

such agreement is with an Indian concern, the agreement is approved by the

Central Government or where it relates to a matter included in the industrial

policy for the time being in force, of the Government of India, the agreement is in

accordance with that policy.

(D) on income by way of fees for technical services payable by Government or an

10 per cent;

Indian concern in pursuance of an agreement made by it with the Government or

the Indian concern and where such agreement is with an Indian concern, the

agreement is approved by the Central Government or where it relates to a matter

included in the industrial policy, for the time being in force, of the Government of

India, the agreement is in accordance with that policy.

(E) on income by way of winnings from lotteries, crossword puzzles, card games

30 per cent;

and other games of any sort.

(F) on income by way of winnings from horse races.

30 per cent;

(G) on income by way of short-term capital gains referred to in section 111A (II)

15 per cent;

(H) on income by way of long-term capital gains referred to in sub-clause (iii) of

10 per cent;

clause (c) of sub-section (1) of section 112.

(j) on income by way of other long-term capital gains [not being long-term capital 20 per cent;

gains referred to in clauses (33), (36) and (38) of section 10].

(J) on the whole of the other income.

30 per cent;

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10 per cent;

30 per cent;

30 per cent;

10 per cent;

30 per cent;

30 per cent;

20 per cent;

10 per cent;

50 per cent;

10 per cent;

50 per cent;

10 per cent;

15 per cent;

10 per cent;

20 per cent;

40 per cent;

2. In the case of a company–

(a) where the company is a domestic company–

(i) on income by way of interest other than “Interest on securities”.

(ii) on income by way of winnings from lotteries, crossword puzzles, card games and

other games of any sort.

(iii) on income by way of winnings from horse races.

(iv) on any other income.

(b) where the company is not a domestic company–

(i) on income by way of winnings from lotteries, crossword puzzles, card games and

other games of any sort.

(ii) on income by way of winnings from horse races.

(iii) on income by way of interest payable by Government or an Indian concern on

moneys borrowed or debt incurred by Government or the Indian concern in foreign

currency (not being income by way of interest referred to in section 194LB or section

194LC).

(iv) on income by way of royalty payable by Government or an Indian concern in

pursuance of an agreement made by it with the Government or the Indian concern after

the 31st day of March, 1976 where such royalty is in consideration for the transfer of all

or any rights (including the granting of a licence) in respect of copyright in any book on

a subject referred to in the first proviso to sub-section (1A) of section 115A of the Income-

tax Act, to the Indian concern, or in respect of any computer software referred to in the

second proviso to sub-section (1A) of section 115A of the Income-tax Act, to a person

resident in India.

(v) on income by way of royalty [not being royalty of the nature referred to in sub-item

(b)(iv)] payable by Government or an Indian concern in pursuance of an agreement

made by it with the Government or the Indian concern and where such agreement is

with an Indian concern, the agreement is approved by the Central Government or where

it relates to a matter included in the industrial policy, for the time being in force, of the

Government of India, the agreement is in accordance with that policy—

(A) where the agreement is made after the 31st day of March, 1961 but before the

1st day of April, 1976.

(B) where the agreement is made after the 31st day of March, 1976.

(vi) on income by way of fees for technical services payable by Government or an

Indian concern in pursuance of an agreement made by it with the Government or the

Indian concern and where such agreement is with an Indian concern, the agreement is

approved by the Central Government or where it relates to a matter included in the

industrial policy, for the time being in force, of the Government of India, the agreement

is in accordance with that policy—

(A) where the agreement is made after the 29th day of February, 1964 but before the

1st day of April, 1976.

(B) where the agreement is made after the 31st day of March, 1976.

(vii) on income by way of short-term capital gains referred to in section 111A.

(viii) on income by way of long-term capital gains referred to in sub-clause (iii) of clause

(c) of sub-section (1) of section 112.

(ix) on income by way of other long-term capital gains [not being long-term capital

gains referred to in clauses (33), (36) and (38) of section 10].

(x) on any other income.

Explanation— For the purpose of item 1(b )(i) of this Part, “investment income” and

“non-resident Indian” shall have the meanings assigned to them in Chapter XII-A of the

Income-tax Act.

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Surcharge on income-tax

The amount of income-tax deducted in accordance with the provisions of—

(i) item 1 of this Part, shall be increased by a surcharge, for purposes of the Union,—

(a) in the case of every individual or Hindu undivided family or association of persons or body of

individuals, whether incorporated or not, or every artificial juridical person referred to in sub-clause (vii)

of clause (31) of section 2 of the Income-tax Act, being a non-resident, calculated at the rate of fifteen per

cent. of such tax; and

(b) in the case of every co-operative society or firm, being a non-resident, calculated at the rate of

twelve per cent.,

where the income or the aggregate of such incomes paid or likely to be paid and subject to the deduction

exceeds one crore rupees;

(ii) item 2 of this Part shall be increased by a surcharge, for purposes of the Union, in the case of every

company other than a domestic company calculated,—

(a) at the rate of two per cent of such income-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 but does not exceed ten

crore rupees; and

(b) at the rate of five per cent. of such income-tax where the income or the aggregate of such incomes

paid or likely to be paid and subject to the deduction exceeds ten crore rupees.

PART III

RATES FOR CHARGING INCOME-TAX IN CERTAIN CASES, DEDUCTING INCOME-TAX FROM

INCOME CHARGEABLE UNDER THE HEAD “SALARIES” AND COMPUTING “ADVANCE TAX”

In cases in which income-tax has to be charged under sub-section (4) of section 172 of the Income-tax Act

or sub-section (2) of section 174 or section 174A or section 175 or sub-section (2) of section 176 of the said Act

or deducted from or paid on, from 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” [not being “advance tax” in

respect of any income chargeable to tax under Chapter XII or Chapter XII-A or income chargeable to tax

under section 115JB or section 115JC or Chapter XII-FA or Chapter XII-FB or sub-section (1A) of section 161

or section 164 or section 164A or section 167B of the Income-tax Act at the rates as specified in that Chapter

or section or surcharge, wherever applicable, on such “advance tax” in respect of any income chargeable to

tax under section 115A or section 115AB or section 115AC or section 115ACA or section 115AD or section

115B or section 115BA or section 115BB or section 115BBA or section 115BBC or section 115BBD or section

115BBDA or section 115BBE or section 115BBF or section 115E or section 115JB or section 115JC] shall be

charged, deducted or computed at the following rate or rates:—

Paragraph A

(I) In the case of every individual other than the individual referred to in items (II) and (III) of this Paragraph

or Hindu undivided family or association of persons or body of individuals, whether incorporated or not or

every artificial juridical person referred to in sub-clause (vii) of clause (31) of section 2 of the Income-tax Act,

not being a case to which any other Paragraph of this Part applies,—

Rates of income-tax

(1) where the total income does not exceed

Nil;

Rs. 2,50,000

(2) where the total income exceeds Rs. 2,50,000

10 per cent. of the amount by which the total

but does not exceed Rs. 5,00,000

income exceeds Rs. 2,50,000;

(3) where the total income exceeds Rs. 5,00,000

Rs. 25,000 plus 20 per cent. of the amount by which

but does not exceed Rs. 10,00,000

the total income exceeds Rs. 5,00,000;

(4) Where the total income exceeds Rs. 10,00,000

Rs. 1,25,000 plus 30 per cent. of the amount by which

the total income exceeds Rs. 10,00,000.

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(II) 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,–

Rates of income-tax

(1) where the total income does not exceed

Nil;

Rs. 3,00,000

(2) where the total income exceeds Rs. 3,00,000

10 per cent. of the amount by which the total

but does not exceed Rs. 5,00,000

income exceeds Rs. 3,00,000;

(3) where the total income exceeds Rs. 5,00,000

Rs. 20,000 plus 20 per cent. of the amount by

but does not exceed Rs. 10,00,000

which the total income exceeds Rs. 5,00,000:

(4) where the total income exceeds Rs. 10,00,000

Rs. 1,20,000 plus 30 per cent. of the amount by

which the total income exceeds Rs. 10,00,000.

(III) 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,–

(1) where the total income does not exceed

Nil;

Rs. 5,00,000

(2) where the total income exceeds Rs. 5,00,000

20 per cent. of the amount by which the total

but does not exceed Rs. 10,00,000

income exceeds Rs. 5,00,000;

(3) where the total income exceeds Rs. 5,00,000

Rs. 1,00,000 plus 30 per cent. of the amount by

but does not exceed Rs. 10,00,000

which the total income exceeds Rs. 10,00,000:

The amount of income-tax computed in accordance with the preceding provisions of this Paragraph, or

the provisions of section IIIA or section 112 of the Income-tax Act, shall, in the case of every individual or

Hindu undivided family or association of persons or body of individuals, whether incorporated or not, or

every artificial juridical person referred to in sub-clause (vii) of clause (31) of section 2 of the Income-tax Act,

having a total income exceeding one crore rupees, be increased by a surcharge for the purposes of the Union

calculated at the rate of fifteen per cent. of such income-tax:

Provided that in the case of persons mentioned above having total income exceeding one crore rupees,

the total amount payable as income-tax and surcharge on such income 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.

Paragraph B

Rates of income-tax

In the case of every co-operative society,—

(1) where the total income does not exceed

10 per cent of the total income;

Rs. 10,000

(2) where the total income exceeds Rs. 10,000

Rs. 1,000 plus 20 per cent. of the amount by

but does not exceed Rs. 20,000

which the total income exceeds Rs. 10,000:

(3) where the total income exceeds Rs. 20,000

Rs. 3,000 plus 30 per cent. of the amount by

which the total income exceeds Rs. 20,000:

Surchage on income-tax

The amount of income-tax computed in accordance with the preceding provisions of this Paragraph, or

the provisions of section 111A or section 112 of the Income-tax Act, shall, in the case of every co-operative

society, having a total income exceeding one crore rupees, be increased by a surcharge for the purposes of

the Union calculated at the rate of twelve per cent. of such income-tax:

Provided that in the case of every co-operative society mentioned above having total income exceeding

one crore rupees, the total amount payable as income-tax and surcharge on such income 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.

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Paragraph C

In the case of every firm.—

Rate of income-tax

On the whole of the total income

30 per cent.

Surcharge on income-tax

The amount of income-tax computed in accordance with the preceding provisions of this Paragraph, or

the provisions of section 111A or section 112 of the Income-tax Act, shall, in the case of every firm, having a

total income exceeding one crore rupees, be increased by a surcharge for the purposes of the Union calculated

at the rate of twelve per cent. of such income-tax:

Provided that in the case of firm mentioned above having total income exceeding one crore rupees, the

total amount payable as income-tax and surcharge on such income 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.

Paragraph D

In the case of every local authority,—

Rate of income-tax

On the whole of the total income

30 per cent.

Surcharge on income-tax

The amount of income-tax computed in accordance with the preceding provisions of this Paragraph, or

the provisions of section 111A or section 112 of the Income-tax Act, shall, in the case of every local authority,

having a total income exceeding one crore rupees, be increased by a surcharge for the purposes of the Union

calculated at the rate of twelve per cent. of such income-tax:

Provided that in the case of every local authority mentioned above having total income exceeding one

crore rupees, the total amount payable as income-tax and surcharge on such income 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.

Paragraph E

In the case of a company,—

Rates of income-tax

I. In the case of a domestic company,—

(i) where its total turnover or the gross receipt in

29 per cent. of the total income;

the previous year 2014-15 does not exceed

five crore rupees;

(ii)other than that referred to in item (i)

30 per cent. of the total income;

II. In the case of a company other than a domestic company—

(i) on so much of the total income as consists of,–

(a) royalties received from Government or an Indian

concern in pursuance of an agreement made by it

with the Government or the Indian concern after

the 31st day of March, 1961 but before the 1st day

of April, 1976; or

(b) fees for rendering technical services received

from Government or an Indian concern in

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pursuance of an agreement made by it with the

Government or the Indian concern after the 29th

day of February, 1964 but before the 1st day of

April, 1976.

and where such agreement has, in either case,

50 per cent;

been approved by the Central Government

(ii) on the balance, if any, of the total income

40 per cent.

Surcharge on income-tax

The amount of income-tax computed in accordance with the preceding provisions of this Paragraph, or

the provisions of section 111A or section 112 of the Income-tax Act, shall, be increased by a surcharge for the

purposes of the Union calculated,—

(i) in the case of every domestic company,—

(a) having a total income exceeding one crore rupees but not exceeding ten crore rupees, at the rate of

seven per cent. of such income-tax; and

(b) having a total income exceeding ten crore rupees, at the rate of twelve per cent. of such income-tax;

(ii) in the case of every company other than a domestic company,—

(a) having a total income exceeding one crore rupees but not exceeding ten crore rupees, at the rate of

two per cent. of such income-tax; and

(b) having a total income exceeding ten crore rupees, at the rate of five per cent. of such income-tax:

Provided that in the case of every company having a total income exceeding one crore rupees but not

exceeding ten crore rupees, the total amount payable as income-tax and surcharge on such income 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:

Provided further that in the case of every company having a total income exceeding ten crore rupees, the

total amount payable as income-tax and surcharge on such income shall not exceed the total amount

payable as income-tax and surcharge on a total income of ten crore rupees by more than the amount of

income that exceeds ten crore rupees.

PART IV

[See section 2(13)(c)]

Rules for Computation of Net Agricultural Income

Rule 1.— Agricultural income of the nature referred to in sub-clause (a) of clause (1A) of section 2 of the

Income-tax Act shall be computed as if it were income chargeable to income-tax under that Act under the

head “Income from other sources” and the provisions of sections 57 to 59 of that Act shall, so far as may be,

apply accordingly:

Provided that sub-section (2) of section 58 shall apply subject to the modification that the reference

to section 40A therein shall be construed as not including a reference to sub-sections (3) and (4) of section

40A.

Rule 2.— Agricultural income of the nature referred to in sub-clause (b) or sub-clause (c) of clause (1A) of

section 2 of the Income-tax Act [other than income derived from any building required as a dwelling-house

by the receiver of the rent or revenue of the cultivator or the receiver of rent-in-kind referred to in the said

sub-clause (c shall be computed as if it were income chargeable to income-tax under that Act under the

head “Profits and gains of business or profession” and the provisions of sections 30, 31, 32, 36, 37, 38, 40, 40A

[other than sub-sections (3) and (4) thereof], 41, 43, 43A, 43B and 43C of the Income-tax Act shall, so far as

may be, apply accordingly.

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Rule 3.— Agricultural income of the nature referred to in sub-clause (c) of clause (1A) of section 2 of the

Income-tax Act, being income derived from any building required as a dwelling-house by the receiver of the

rent or revenue or the cultivator or the receiver of rent-in-kind referred to in the said sub-clause (c) shall be

computed as if it were income chargeable to income-tax under that Act under the head “Income from house

property” and the provisions of sections 23 to 27 of that Act shall, so far as may be, apply accordingly.

Rule 4.— Notwithstanding anything contained in any other provisions of these rules, in a case—

(a) where the assessee derives income from sale of tea grown and manufactured by him in India, such

income shall be computed in accordance with rule 8 of the Income-tax Rules, 1962, and sixty per cent. of

such income shall be regarded as the agricultural income of the assessee;

(b) where the assessee derives income from sale of centrifuged latex or cenex or latex based crepes (such

as pale latex crepe) or brown crepes (such as estate brown crepe, re-milled crepe, smoked blanket crepe or

flat bark crepe) or technically specified block rubbers manufactured or processed by him from rubber plants

grown by him in India, such income shall be computed in accordance with rule 7 A of the Income-tax Rules,

1962, and sixty-five per cent. of such income shall be regarded as the agricultural income of the assessee;

(c) where the assessee derives income from sale of coffee grown and manufactured by him in India, such

income shall be computed in accordance with rule 7B of the Income-tax Rules, 1962, and sixty per cent.

or seventy-five per cent., as the case may be, of such income shall be regarded as the agricultural income of

the assessee.

Rule 5.— Where the assessee is a member of an association of persons or a body of individuals (other than

a Hindu undivided family, a company or a firm) which in the previous year has either no income chargeable

to tax under the Income-tax Act or has total income not exceeding the maximum amount not chargeable to

tax in the case of an association of persons or a body of individuals (other than a Hindu undivided family, a

company or a firm) but has any agricultural income then, the agricultural income or loss of the association

or body shall be computed in accordance with these rules and the share of the assessee in the agricultural

income or loss so computed shall be regarded as the agricultural income or loss of the assessee.

Rule 6. — Where the result of the computation for the previous year in respect of any source of agricultural

income is a loss, such loss shall be set off against the income of the assessee, if any, for that previous year from

any other source of agricultural income:

Provided that where the assessee is a member of an association of persons or a body of individuals and

the share of the assessee in the agricultural income of the association or body, as the case may be, is a

loss, such loss shall not be set off against any income of the assessee from any other source of agricultural

income.

Rule 7.— Any sum payable by the assessee on account of any tax levied by the State Government on the

agricultural income shall be deducted in computing the agricultural income.

Rule 8.— (1) Where the assessee has, in the previous year relevant to the assessment year commencing on

the 1st day of April, 2016, any agricultural income and the net result of the computation of the agricultural

income of the assessee for anyone or more of the previous years relevant to the assessment years commencing

on the 1st day of April, 2008 or the 1st day of April, 2009 or the 1st day of April, 2010 or the 1st day of April,

2011 or the 1st day of April, 2012 or the 1st day of April, 2013 or the 1st day of April, 2014 or the 1st day of

April, 2015, is a loss, then, for the purposes of sub-section (2) of section 2 of this Act,—

(i) the loss so computed for the previous year relevant to the assessment year commencing on the 1st

day of April, 2008, to the extent, if any such loss has not been set off against the agricultural income for the

previous year relevant to the assessment year commencing on the 1st day of April, 2009 or the 1st day of

April, 2010 or the 1st day of April, 2011 or the 1st day of April, 2012 or the 1st day of April, 2013 or the 1st

day of April, 2014 or the 1st day of April, 2015.

(ii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st

day of April, 2009, to the extent, if any, such loss has not been set off against the agricultural income for

the previous year relevant to the assessment year commencing on the 1st day of April, 2010 or the 1st day

of April, 2011 or the 1st day of April, 2012 or the 1st day of April, 2013 or the 1st day of April, 2014 or the 1st

day of April, 2015.

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(iii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st

day of April, 2010, to the extent, if any, such loss has not been set off against the agricultural income for

the previous year relevant to the assessment year commencing on the 1st day of April, 2011 or the 1st day

of April, 2012 or the 1st day of April, 2013 or the 1st day of April, 2014 or the 1st day of April, 2015.

(iv) the loss so computed for the previous year relevant to the assessment year commencing on the 1st

day of April, 2011 to the extent, if any, such loss has not been set off against the agricultural income for

the previous year relevant to the assessment year commencing on the 1st day of April, 2012 or the 1st day

of April, 2013 or the 1st day of April, 2014 or the 1st day of April, 2015.

(v) the loss so computed for the previous year relevant to the assessment year commencing on the 1st

day of April, 2012, to the extent, if any, such loss has not been set off against the agricultural income for

the previous year relevant to the assessment year commencing on the 1st day of April, 2013 or the 1st day

of April, 2014 or the 1st day of April, 2015.

(vi) the loss so computed for the previous year relevant to the assessment year commencing on the 1st

day of April, 2013, to the extent if any, such loss has not been set off against the agricultural income for

the previous year relevant to the assessment year commencing on the 1st day of April, 2014 or the 1st day

of April, 2015.

(vii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st

day of April, 2014, to the extent, if any, such loss has not been set off against the agricultural income to the

previous year relevant to the assessment year commencing on the 1st day of April, 2015.

(viii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st

day of April, 2015.

shall be set off against the agricultural income of the assessee for the previous year relevant to the

assessment year commencing on the 1st day of April, 2016.

(2) Where the assesssee has, in the previous year relevant to the assessment year commencing on the 1st

day of April, 2017, 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 agricultural income

and the net result of the computation of the agricultural income of the assessee for anyone or more of the

previous years relevant to the assessment years commencing on the 1st day of April, 2009 or the 1st day of

April, 2010 or the 1st day of April, 2011 or the 1st day of April, 2012 or the 1st day of April, 2013 or the 1st day

of April, 2014 or the 1st day of April, 2015 or the 1st day of April, 2016, is a loss then, for the purposes of

sub-section (10) of section 2 of this Act,—

(i) the loss so computed for the previous year relevant to the assessment year commencing on the 1st

day of April, 2009, to the extent, if any such loss has not been set off against the agricultural income for

the previous year relevant to the assessment year commencing on the 1st day of April, 2010 or the 1st day

of April, 2011 or the 1st day of April, 2012 or the 1st day of April, 2013 or the 1st day of April, 2014 or the 1st

day of April, 2015 or the 1st day of April, 2016.

(ii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st

day of April, 2010, to the extent, if any such loss has not been set off against the agricultural income for

the previous year relevant to the assessment year commencing on the 1st day of April, 2011 or the 1st day

of April, 2012 or the 1st day of April, 2013 or the 1st day of April, 2014 or the 1st day of April, 2015 or the 1st

day of April, 2016.

(iii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st

day of April, 2011, to the extent, if any, such loss has not been set off against the agricultural income for

the previous year relevant to the assessment year commencing on the 1st day of April, 2012 or the 1st day

of April, 2013 or the 1st day of April, 2014 or the 1st day of April, 2015 or the 1st day of April, 2016.

(iv) the loss so computed for the previous year relevant to the assessment year commencing on the 1st

day of April, 2012, to the extent, if any, such loss has not been set off against the agricultural income for

the previous year relevant to the assessment year commencing on the 1st day of April, 2013 or 1st day of

April, 2014 or the 1st day of April, 2015 or the 1st day of April, 2016.

(v) the loss so computed for the previous year relevant to the assessment year commencing on the 1st

day of April, 2013, to the extent, if any such loss has not been set off against the agricultural income for

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the previous year relevant to the assessment year commencing on the 1st day of April, 2014 or the 1st day

of April, 2015 or the 1st day of April, 2016,

(vi) the loss so computed for the previous year relevant to the assessment year commencing on the

1st day of April, 2014, to the extent, if any, such loss has not been set off against the agricultural income

for the previous year relevant to the assessment year commencing on the 1st day of April, 2015 or the

1st day of April, 2016,

(vii) the loss so computed for the previous year relevant to the assessment year commencing on the

1st day of April, 2015, to the extent, if any, such loss has not been set off against the agricultural income

for the previous year relevant to the assessment year commencing on the 1st day of April, 2016,–

(viii) the loss so computed for the previous year relevant to the assessment year commencing on the

1st day of April, 2016.

shall be set off against the agricultural income of the assessee for the previous year relevant to the

assessment year commencing on the 1st day of April, 2017.

(3) Where any person deriving any agricultural income from any source has been succeeded in such

capacity by another person otherwise than by inheritance nothing in sub-rule (1) or sub-rule (2) shall entitle

any person other than the person incurring the loss to have it set off under sub-rule (1) or as the case may be,

sub-rule (2).

(4) Notwithstanding anything contained in this rule no loss which has not been determined by the

Assessing Officer under the provisions of these rules or the rules contained in the First Schedule to the

Finance Act, 2008 (18 of 2008) or of the First Schedule to the Finance (No. 2) Act, 2009 (33 of 2009) or of

the First Schedule to the Finance Act, 2010 (14 of 2010) or of the First Schedule to the Finance Act, 2011

(8 of 2011) or of the First Schedule to the Finance Act, 2012 (23 of 2012) or of the First Schedule to the Finance

Act, 2013 (17 of 2013) or of the First Schedule to the Finance (No. 2) Act, 2014 (25 of 2014) or of the

First Schedule to the Finance Act, 2015 (20 of 2015) shall be set off under sub-rule (1) or as the case may be

sub-rule (2).

Rule 9.— Where the net result of the computation made in accordance with these rules is a loss, the loss

so computed shall be ignored and the net agricultural income shall be deemed to be nil.

Rule 10.— The provisions of the Income-tax Act relating to procedure for assessment (including the

provisions of section 288A relating to rounding of income) shall, with the necessary modifications, apply in

relation to the computation of the net agricultural income of the assessee as they apply in relation to the

assessment of the total income.

Rule 11.— For the purposes of computing the net agricultural income of the assessee, the Assessing

Officer shall have the same powers as he has under the Income-tax Act for the purposes of assessment of

the total income.

THE SECOND SCHEDULE

(See section 136)

Sl.

No.

Notification number and date

Amendment

Date of effect of

amendment

(1)

(2)

(3)

(4)

1.

G.S.R. 367 (E) , dated the

27th April, 2000 [51/2000-

Customs, dated the 27th

April, 2000]

In the said notification, in the opening paragraph, for the

words, figures and letter “under sections 3, 8 and 9A”, the

words, figures and letters “under sections 3, 8B and 9A”

shall be substituted.

27th April, 2000.

2.

G.S.R. 292(E), dated the

19th April, 2002 [43/2002-

Customs, dated the 19th

April, 2002]

In the said notification, in the opening paragraph, for the

words, figures and letter “under sections 3, 8 and 9A”, the

words, figures and letters “under sections 3, 8B and 9A”

shall be substituted.

19th April, 2002.

3.

G.S.R. 281 (E), dated the 1st

April, 2003 [57/2003-

Customs, dated the 1st April,

2003]

In the said notification, in the Table, in column (3), against

S. No.4, for the words, figures and letter “under sections 3,

8 and 9A”, the words, figures and letters “under sections 3,

8B and 9A” shall be substituted.

1st April, 2003.

4.

G.S.R. 604 (E), dated the

10th September, 2004

[91/2004-Customs, dated the

10th September, 2004]

In the said notification, in paragraph 2, for the words, figures

and letter “under sections 3, 8 and 9A”, the words, figures

and letters “under sections 3, 8B and 9A” shall be

substituted.

10th September, 2004.

5.

G.S.R. 606(E), dated the

10th

September,

2004

[93/2004-Customs, dated the

10th September, 2004]

In the said notification, in the opening paragraph, for the

words, figures and letter “under sections 3, 8 and 9A”, the

words, figures and letters “under sections 3, 8B and 9A”

shall be substituted.

10th September, 2004.

6.

G.S.R. 260 (E), dated the 1st

May,

2006

[40/2006-

Customs, dated the 1st May,

2006]

In the said notification, in the opening paragraph, for the

words, figures and letter “under sections 3, 8 and 9A”, the

words, figures and letters “under sections 3, 8B and 9A”

shall be substituted.

1st May, 2006.

139)

May, 2006 [40/2006-Customs,

dated the 1st May, 2006]

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Tariff Item

Description of goods

Unit

Rate of Duty

Standard

Preferential

(1)

(2)

(3)

(4)

(5)

(Euthynnus (Katsuwonus) pelamis)

0304 88

- -

Dogfish, other sharks Rays and skates (Rajidae):

0304 88 10

- - -

Dogfish

kg.

30%

-

0304 88 20

- - -

Other sharks

kg.

30%

-

0304 88 30

- - -

Rays and skates (Rajidae)

kg.

30%

-

0304 89

- -

Other:

0304 89 10

- - -

Hilsa (Tenualosa ilisha)

kg.

30%

-

0304 89 30

- - -

Seer

kg.

30%

-

0304 89 40

- - -

Tuna

kg.

30%

-

0304 89 90

- - -

Other

kg.

30%

-

-

Other, frozen:

0304 91 00

- -

Sword fish (Xiphias gladius)

kg.

30%

-

0304 92 00

- -

Tooth fish (Dissostichus spp.)

kg.

30%

-

0304 93 00

- -

Tilapias (Oreochromis spp.), catfish (Pangasius spp., Silurus

kg.

30%

-

spp., Clarias spp., Ictalurus spp.), carp (Cyprinus spp., Carassius

spp., Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus

spp., Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus

hasselti, Leptobarbus hoeveni, Megalobrama spp.), eels (Anguilla

spp.), Nile perch (Lates niloticus) and snakeheads (Channa spp.)

0304 94 00

- -

Alaska Pollack (Theragra chalcogramma)

kg.

30%

-

0304 95 00

- -

Fish of the families Bregmacerotidae, Euclichthyidae, Gadidae,

kg.

30%

-

Macrouridae, Melanonidae, Merlucciidae, Moridae and

Muraenolepididae, Alaska Pollack (Theragra chalcogramma)

0304 96 00

- -

Dogfish and other sharks

kg.

30%

-

0304 97 00

- -

Rays and skates (Rajidae)

kg.

30%

-

0304 99 00

- -

Other

kg.

30%

- ”;

(vi) in heading 0305,—

(a) for tariff item 0305 20 00 and the entries relating thereto, the following shall be substituted, namely:—

“0305 20 00

-

Livers, roes and milt of fish, dried, smoked, salted or in brine

kg.

30%

- ”;

(b) for tariff item 0305 31 00 and the entries relating thereto, the following shall be substituted, namely:—

“0305 31 00

- -

Tilapias (Oreochromis spp.), catfish (Pangasius spp., Silurus

kg.

30%

- ”;

spp., Clarias spp., Ictalurus spp.), carp (Cyprinus spp., Carassius

spp., Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus

spp., Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus

hasselti, Leptobarbus hoeveni, Megalobrama spp.), eels (Anguilla

spp.), Nile perch (Lates niloticus) and snakeheads (Channa spp.)

(c) for tariff item 0305 44 00 and the entries relating thereto, the following shall be substituted, namely:—

“0305 44 00

- -

Tilapias (Oreochromis spp.), catfish (Pangasius spp., Silurus

kg.

30%

- ”;

spp., Clarias spp., Ictalurus spp.), carp (Cyprinus spp., Carassius

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Tariff Item

Description of goods

Unit

Rate of Duty

Standard

Preferential

(1)

(2)

(3)

(4)

(5)

(5) in Chapter 12,—

(i) for heading 1211 and the entries relating thereto, the following shall be substituted, namely:—

“1211

PLANTS AND PARTS OF PLANTS (INCLUDING SEEDS AND

FRUITS), OF A KIND USED PRIMARILY IN PERFUMERY, IN

PHARMACY OR FOR INSECTICIDAL, FUNGICIDAL OR

SIMILAR PURPOSE, FRESH, CHILLED, FROZEN OR DRIED,

WHETHER OR NOT CUT, CRUSHED OR POWDERED”;

(ii) after tariff item 1211 40 00 and the entries relating thereto, the following shall be inserted, namely:—

“1211 50 00

-

Ephedra

kg.

30%

- ”;

(6) in Chapter 13, in heading 1302, after tariff item 1302 13 00 and the entries relating thereto, the following shall be inserted, namely:—

“1302 14 00

- -

Of ephedra

kg.

30%

- ”;

(7) in Chapter 16,—

(i) in Sub-heading Note 1, for the words “as infant food”, the words “as food suitable for infants or young children” shall be substituted;

(ii) in heading 1604, after tariff item 1604 17 00 and the entries relating thereto, the following shall be inserted, namely:—

“1604 18 00

- -

Shark fins

kg.

30%

- ”;

(8) in Chapter 19, for sub-heading 1901 10 and the entries relating thereto, the following shall be substituted, namely:—

“1901 10

-

Preparations suitable for infants or young children, put up for retail sale:”;

(9) in Chapter 20,—

(i) in Sub-heading Note 1, for the words “as infant food”, the words “as food suitable for infants or young children” shall be substituted;

(ii) in Sub-heading Note 2, for the words “as infant food”, the words “as food suitable for infants or young children” shall be substituted;

(10) in Chapter 21, in Sub-heading Note 3, for the words “as infant food”, the words “as food suitable for infants or young children” shall

be substituted ;

(11) in Chapter 22,—

(i) for sub-heading 2202 90, tariff items 2202 90 10 to 2202 90 90 and the entries relating thereto, the following shall be substituted,

namely:—

“ -

Other:

2202 91 00

- -

Non alcoholic beer

l

30%

-

2202 99

- -

Other:

2202 99 10

- - -

Soya milk drinks, whether or not sweetened or flavoured

l

30%

-

2202 99 20

- - -

Fruit pulp or fruit juice based drink

l

30%

-

2202 99 30

- - -

Beverages containing milk

l

30%

-

2202 99 90

- - -

Other

l

30%

- ”;

(ii) after tariff item 2204 21 90 and the entries relating thereto, the following shall be inserted, namely:—

“2204 22

- -

In containers holding more than 2 l but not more than 10 l:

2204 22 10

- - -

Port and other red wines

l

150%

-

2204 22 20

- - -

Sherry and other white wines

l

150%

-

2204 22 90

- - -

Other

l

150%

- ”;

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Tariff Item

Description of goods

Unit

Rate of Duty

Standard

Preferential

(1)

(2)

(3)

(4)

(5)

“2922 12 00

- -

Diethanolamine and its salts

kg.

10%

-”;

(x) for sub-heading 2922 13, tariff items 2922 13 10 to 2922 13 90, tariff item 2922 14 00, sub-heading 2922 19, tariff items 2922 19 40

to 2922 19 90 and the entries relating thereto, the following shall be substituted, namely:—

“2922 14 00

- -

Dextropropoxyphene (INN) and its salts

kg.

10%

-

2922 15 00

- -

Triethanolamine

kg.

10%

-

2922 16 00

- -

Diethanolammonium perfluorooctane sulphonate

kg.

10%

-

2922 17

- -

Methyldiethanolamine and ethyldiethanolamine:

2922 17 10

- - -

Methyldiethanolamine

kg.

10%

-

2922 17 20

- - -

Ethyldiethanolamine

kg.

10%

-

2922 18 00

- -

2-(N, N-Diisopropylamino) ethanol

kg.

10%

-

2922 19

- -

Other:

2922 19 10

- - -

2-Hydroxy N, N-Diisopropyl ethylamine

kg.

10%

-

2922 19 90

- - -

Other

kg.

10%

- ”;

(xi) after tariff item 2923 20 90 and the entries relating thereto, the following shall be inserted, namely:—

“2923 30 00

-

Tetraethylammonium perfluorooctane sulphonate

kg.

10%

-

2923 40 00

-

Didecyldimethylammonium perfluorooctane sulphonate

kg.

10%

- ”;

(xii) after tariff item 2924 24 00 and the entries relating thereto, the following shall be inserted, namely:—

“2924 25 00

- -

Alachlor (ISO)

kg.

10%

- ”;

(xiii) after tariff item 2926 30 00 and the entries relating thereto, the following shall be inserted, namely:—

“2926 40 00

-

Alpha-phenylacetoacetonitrile

kg.

10%

- ”;

(xiv) for tariff item 2930 50 00 and the entries relating thereto, the following shall be substituted, namely:—

“2930 60 00

-

2-(N, N-Diethylamino)ethanethiol

kg.

10%

-

2930 70 00

-

Bis(2-hydroxyethyl)sulfide (thiodiglycol (INN))

kg.

10%

-

2930 80 00

-

Aldicarb (ISO), captafol (ISO) and methamidophos (ISO)

kg.

10%

- ”;

(xv) after tariff item 2931 20 00 and the entries relating thereto, the following shall be inserted, namely:—

“ -

Other organo-phosphorous derivatives:

2931 31 00

- -

Dimethyl methylphosphonate

kg.

10%

-

2931 32 00

- -

Dimethyl propylphosphonate

kg.

10%

-

2931 33 00

- -

Diethyl ethylphosphonate

kg.

10%

-

2931 34 00

- -

Sodium 3-(trihydroxysilyl)propyl methylphosphonate

kg.

10%

-

2931 35 00

- -

2, 4, 6-Tripropyl-1, 3, 5, 2, 4, 6-trioxatriphosphinane 2, 4, 6-trioxide

kg.

10%

-

2931 36 00

- -

(5-Ethyl-2-methyl-2-oxido-1, 3, 2-dioxaphosphinan-5-yl)methyl

kg.

10%

-

methyl methylphosphonate

2931 37 00

- -

Bis[(5-ethyl-2-methyl-2-oxido-1, 3, 2-dioxaphosphinan-5-yl)

kg.

10%

-

methyl] methylphosphonate

2931 38 00

- -

Salt of methylphosphonic acid and (aminoiminomethyl)urea (1: 1)

kg.

10%

-

2931 39 00

- -

Other

kg.

10%

- ”;

(xvi) after tariff item 2932 13 00 and the entries relating thereto, the following shall be inserted, namely:—

“2932 14 00

- -

Sucralose

kg.

10%

- ”;

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Tariff Item

Description of goods

Unit

Rate of Duty

Standard

Preferential

(1)

(2)

(3)

(4)

(5)

(xvii) after tariff item 2933 91 00 and the entries relating thereto, the following shall be inserted, namely:—

“2933 92 00

- -

Azinphos-methyl (ISO)

kg.

10%

- ”;

(xviii) for heading 2935, sub-heading 2935 00, tariff items 2935 00 11 to 2935 00 90 and the entries relating thereto, the following shall be

substituted, namely:—

“2935

SULPHONAMIDES

2935 10 00

-

N-Methylperfluorooctane sulphonamide

kg.

10%

-

2935 20 00

-

N-Ethylperfluorooctane sulphonamide

kg.

10%

-

2935 30 00

-

N-Ethyl-N-(2-hydroxyethyl) perfluorooctane sulphonamide

kg.

10%

-

2935 40 00

-

N-(2-Hydroxyethyl)-N-methylperfluorooctane sulphonamide

kg.

10%

-

2935 50 00

-

Other perfluorooctane sulphonamides

kg.

10%

-

2935 90

-

Other:

- - -

Sulphamethoxazole, sulphafurazole, sulphadiazine,

sulphadimidine, sulphacetamide:

2935 90 11

- - - -

Sulphamethoxazole

kg.

10%

-

2935 90 12

- - - -

Sulphafurazole

kg.

10%

-

2935 90 13

- - - -

Sulphadiazine

kg.

10%

-

2935 90 14

- - - -

Sulphadimidine

kg.

10%

-

2935 90 15

- - - -

Sulphacetamide

kg.

10%

-

- - -

Sulphamethoxypyridarine, sulphamethiazole, sulphamoxole,

sulphamide:

2935 90 21

- - - -

Sulphamethoxypyridarine

kg.

10%

-

2935 90 22

- - - -

Sulphamethiazole

kg.

10%

-

2935 90 23

- - - -

Sulphamoxole

kg.

10%

-

2935 90 24

- - - -

Sulphamide

kg.

10%

-

2935 90 90

- - -

Other

kg.

10%

- ”;

(xix) for the tariff item 2937 31 00 and the entries relating thereto, the following shall be substituted, namely:—

“2937 31 00

- -

Epinephrine

kg.

10%

10% “;

(xx) in the entry under column (2) occurring after tariff item 2937 90 90 and the entries relating thereto, the word “VEGETABLE” shall be

omitted;

(xxi) for heading 2939 and the entries relating thereto, the following shall be substituted, namely:—

“2939

ALKALOIDS, NATURAL OR REPRODUCED BY SYNTHESIS,

AND THEIR SALTS, ETHERS, ESTERS AND OTHER

DERIVATIVES”;

(xxii) for tariff items 2939 69 00 to 2939 99 00 and the entries relating thereto, the following shall be substituted, namely:—

“2939 69 00

- -

Other

kg.

10%

-

-

Other, of vegetal origin:

2939 71 00

- -

Cocaine, ecgonine, levometamfetamine, metamfetamine (INN),

kg.

10%

-

metamfetamine racemate; salts, esters and other derivatives thereof

2939 79 00

- -

Other

kg.

10%

-

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Tariff Item

Description of goods

Unit

Rate of Duty

Standard

Preferential

(1)

(2)

(3)

(4)

(5)

3103 11 00

- -

Containing by weight 35 % or more of diphosphorus pentaoxide

kg.

10%

-

(P2O5)

3103 19 00

- -

Other

kg.

10%

- ”;

(17) in Chapter 37, in heading 3705, for tariff item 3705 10 00, sub-heading 3705 90, tariff items 3705 90 10 and 3705 90 90 and the entries

relating thereto, the following shall be substituted, namely:—

“3705 00 00

-

PHOTOGRAPHIC PLATES AND FILM, EXPOSED AND

kg.

10%

- ”;

DEVELOPED, OTHER THAN CINEMATOGRAPHIC FILM

(18) in Chapter 38,—

(i) for Sub-heading Notes 1 and 2, the following shall be substituted, namely:—

‘ Sub-heading Notes:

1. Sub-headings 3808 52 and 3808 59 cover only goods of heading 3808, containing one or more of the following substances: alachlor

(ISO); aldicarb (ISO); aldrin (ISO); azinphos-methyl (ISO); binapacryl (ISO); camphechlor (ISO) (toxaphene); captafol (ISO); chlordane

(ISO); chlordimeform (ISO); chlorobenzilate (ISO); DDT (ISO) (clofenotane (INN), 1, 1, 1-trichloro-2, 2-bis(p-chlorophenyl)ethane);

dieldrin (ISO, INN); 4, 6- dinitro-o-cresol (DNOC (ISO)) or its salts; dinoseb (ISO), its salts or its esters; endosulfan (ISO); ethylene

dibromide (ISO) (1, 2-dibromoethane); ethylene dichloride (ISO) (1, 2-dichloroethane); fluoroacetamide (ISO); heptachlor (ISO);

hexachlorobenzene (ISO); 1, 2, 3, 4, 5, 6- hexachlorocyclohexane (HCH (ISO)), including lindane (ISO, INN); mercury compounds;

methamidophos (ISO); monocrotophos (ISO); oxirane (ethylene oxide); parathion (ISO); parathion-methyl (ISO) (methylparathion);

penta- and octabromodiphenyl ethers; pentachlorophenol (ISO), its salts or its esters; perfluorooctane sulphonic acid and its salts;

perfluorooctane sulphonamides; perfluorooctane sulphonyl fluoride; phosphamidon (ISO); 2, 4, 5-T (ISO) (2, 4, 5-trichlorophenoxyacetic

acid), its salts or its esters; tributyltin compounds.

Sub-heading 3808 59 also covers dustable powder formulations containing a mixture of benomyl (ISO), carbofuran (ISO) and thiram

(ISO).

2. Sub-headings 3808 61 to 3808 69 cover only goods of heading 3808, containing alpha-cypermethrin (ISO), bendiocarb (ISO),

bifenthrin (ISO), chlorfenapyr (ISO), cyfluthrin (ISO), deltamethrin (INN, ISO), etofenprox (INN), fenitrothion (ISO), lambda-

cyhalothrin (ISO), malathion (ISO), pirimiphos-methyl (ISO) or propoxur (ISO).

3. Sub-headings 3824 81 to 3824 88 cover only mixtures and preparations containing one or more of the following substances: oxirane

(ethylene oxide), polybrominated biphenyls (PBBs), polychlorinated biphenyls (PCBs), polychlorinated terphenyls (PCTs), tris(2,

3-dibromopropyl) phosphate, aldrin (ISO), camphechlor (ISO) (toxaphene), chlordane (ISO), chlordecone (ISO), DDT (ISO)

(clofenotane (INN), 1, 1, 1-trichloro-2, 2-bis(pchlorophenyl)ethane), dieldrin (ISO, INN), endosulfan (ISO), endrin (ISO), heptachlor

(ISO), mirex (ISO), 1, 2, 3, 4, 5, 6-hexachlorocyclohexane (HCH (ISO)), including lindane (ISO, INN), pentachlorobenzene (ISO),

hexachlorobenzene (ISO), perfluorooctane sulphonic acid, its salts, perfluorooctane sulphonamides, perfluorooctane sulphonyl

fluoride or tetra-, penta-, hexa-, hepta- or octabromodiphenyl ethers.

4. For the purposes of tariff items 3825 41 00 and 3825 49 00, “waste organic solvents”are wastes containing mainly organic

solvents, not fit for further use as presented as primary products, whether or not intended for recovery of solvents.’;

(ii) for sub-heading 3808 50 and tariff item 3808 50 00 and the entries relating thereto, the following shall be substituted, namely:—

“-

Goods specified in Sub-heading Note 1 to this Chapter:

3808 52 00

- -

DDT (ISO) (clofenotane (INN)), in packings of a net weight

kg.

10%

-

content not exceeding 300 g.

3808 59 00

- -

Other

kg.

10%

-

-

Goods specified in Sub-heading Note 2 to this Chapter:

3808 61 00

- -

In packings of a net weight content

kg.

10%

-

not exceeding 300 g

3808 62 00

- -

In packings of a net weight content exceeding 300 g but not

kg.

10%

-

exceeding 7.5 kg.

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Description of goods

Unit

Rate of Duty

Standard

Preferential

(1)

(2)

(3)

(4)

(5)

3808 69 00

- -

Other

kg.

10%

-”;

(iii) for sub-heading 3812 30 and tariff items 3812 30 10 to 3812 30 90 and the entries relating thereto, the following shall be substituted,

namely:—

“ -

Anti-oxidising preparations and other compound stabilizers for

rubber or plastics:

3812 31 00

- -

Mixtures of oligomers of 2, 2, 4-trimethyl-1, 2-dihydroquinoline (TMQ)

kg.

10%

-

3812 39

- -

Other:

3812 39 10

- - -

Anti-oxidants for rubber

kg.

10%

-

3812 39 20

- - -

Softeners for rubber

kg.

10%

-

3812 39 30

- - -

Vulcanizing agents for rubber

kg.

10%

-

3812 39 90

- - -

Other

kg.

10%

-”;

(iv) for tariff items 3824 79 00 to 3824 83 00, sub-heading 3824 90, tariff items 3824 90 11 to 3824 90 90 and the entries relating thereto,

the following shall be substituted, namely:—

“3824 79 00

- -

Other

kg.

10%

-

-

Goods specified in Sub-heading Note 3 to this Chapter:

3824 81 00

- -

Containing oxirane (ethylene oxide)

kg.

10%

-

3824 82 00

- -

Containing polychlorinated biphenyls (PCBs), polychlorinated

kg.

10%

-

terphenyls (PCTs) or polybrominated biphenyls (PBBs)

3824 83 00

- -

Containing tris(2, 3-dibromopropyl) phosphate

kg.

10%

-

3824 84 00

- -

Containing aldrin (ISO), camphechlor (ISO) (toxaphene),

kg.

10%

-

chlordane (ISO), chlordecone (ISO), DDT (ISO) (clofenotane (INN),

1, 1, 1- trichloro-2, 2-bis(p-chlorophenyl)ethane), dieldrin (ISO, INN),

endosulfan (ISO), endrin (ISO), heptachlor (ISO) or mirex (ISO)

3824 85 00

- -

Containing 1, 2, 3, 4, 5, 6-hexachlorocyclohexane (HCH (ISO)),

kg.

10%

-

including lindane (ISO, INN)

3824 86 00

- -

Containing pentachlorobenzene (ISO) or hexachlorobenzene (ISO)

kg.

10%

-

3824 87 00

- -

Containing perfluorooctane sulphonic acid, its salts,

kg.

10%

-

perfluorooctane sulphonamides, or perfluorooctane sulphonyl fluoride

3824 88 00

- -

Containing tetra-, penta-, hexa- hepta- or octabromodiphenyl ethers

kg.

10%

-

3824 91 00

- -

Mixtures and preparations consisting mainly of (5-ethyl-2-methyl-2-

oxido-1, 3, 2-dioxaphosphinan-5-yl)methyl methyl methylphosphonate

and bis[(5-ethyl-2-methyl-2-oxido-1, 3, 2- dioxaphosphinan-5-yl)

methyl] methylphosphonate:

3824 99

- -

Other:

- - -

Ammoniacal gas liquors and spent oxide produced in coal gas

purification, case hardening compound, heat transfer salts; mixture of

diphenyl and diphenyl oxide as heat transfer medium, mixed polyethylene

glycols; salts for curing or salting, surface tension reducing agents:

3824 99 11

- - - -

Ammoniacal gas liquors and spent oxide produced in coal

kg.

10%

-

gas purification

3824 99 12

- - - -

Case hardening compound

kg.

10%

-

3824 99 13

- - - -

Heat transfer salts

kg.

10%

-

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Tariff Item

Description of goods

Unit

Rate of Duty

Standard

Preferential

(1)

(2)

(3)

(4)

(5)

3824 99 14

- - - -

Mixture of diphenyl and diphenyl oxide as heat transfer medium

kg.

10%

-

3824 99 15

- - - -

Mixed polyethylene glycols

kg.

10%

-

3824 99 16

- - - -

Salts for curing or salting

kg.

10%

-

3824 99 17

- - - -

Surface tension reducing agents

kg.

10%

-

- - -

Electroplating salts; water treatment chemicals; ion exchanger,

correcting fluid; precipitated silica and silica gel; oil well chemical:

3824 99 21

- - - -

Electroplating salts

kg.

10%

-

3824 99 22

- - - -

Water treatment chemicals; ion exchanger (INN) such as

kg.

10%

-

permiutits, zero-lites

3824 99 23

- - - -

Gramaphone records making material

kg.

10%

-

3824 99 24

- - - -

Correcting fluid

kg.

10%

-

3824 99 25

- - - -

Precipitated silica and silica gel

kg.

10%

-

3824 99 26

- - - -

Oil well chemical

kg.

10%

-

- - -

Mixture containing perhalogenated derivatives of acyclic

hydrocarbons containing two or more different halogens other than

chlorine and fluorine; ferrite powder; capacitor fluids - PCB type;

dipping oil for treatment of grapes; Poly brominated biphenyls, poly

chlorinated biphenyls, Poly chlorinated terphenyls, crocidolite; goods

of a kind known as “hazardous waste”; phosphogypsum:

3824 99 31

- - - -

Mixture containing perhalogenated derivatives of acyclic

kg.

10%

-

hydrocarbons containing two or more different halogens other than

chlorine and fluorine

3824 99 32

- - - -

Ferrite powder

kg.

10%

-

3824 99 33

- - - -

Capacitor fluids - PCB type

kg.

10%

-

3824 99 34

- - - -

Dipping oil for treatment of grapes

kg.

10%

-

3824 99 35

- - - -

Poly brominated biphenyls, poly chlorinated biphenyls,

kg.

10%

-

Poly chlorinated terphenyls, crocidolite

3824 99 36

- - - -

Goods of a kind known as “hazardous waste”

kg.

10%

-

3824 99 37

- - - -

Phosphogypsum

kg.

10%

-

3824 99 38

- - - -

Phosphonic Acid, Methyl-compound with (aminoimino methyl)

kg.

10%

-

urea (1: 1)

3824 99 90

- - -

Other

kg.

10%

-”;

(19) in Chapter 39,—

(i) in Note 2, in clause (z), after the words “propelling pencils”, the words “, and monopods, bipods, tripods and similar articles” shall

be inserted;

(ii) in Sub-heading Note 1, in clause (a), in sub-clause (2), after the figures “3901 30,”, the figures “3901 40,” shall be inserted;

(iii) in heading 3901, after tariff item 3901 30 00 and the entries relating thereto, the following shall be inserted, namely:—

“3901 40 00

-

Ethylene-alpha-olefin copolymers, having a specific gravity of

kg.

10%

-”;

less than 0.94

(iv) in heading 3907, for sub-heading 3907 60 and tariff items 3907 60 10 to 3907 60 90 and the entries relating thereto, the following shall

be substituted, namely:—

“ -

Poly(ethylene terephthalate):

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Tariff Item

Description of goods

Unit

Rate of Duty

Standard

Preferential

(1)

(2)

(3)

(4)

(5)

or for similar uses in the metallurgy of non-ferrous metals. However,

copper phosphide (phosphor copper) containing more than 15% by

weight of phosphorous falls in heading 2853.”;

(34) in Chapter 82, for the entry in column (2) occurring against the heading 8205, for the words “MACHINE TOOLS”, the words

“MACHINE-TOOLS OR WATER-JET CUTTING MACHINES” shall be substituted;

(35) in Chapter 83, for the entry occurring against heading 8308, the following shall be substituted, namely:—

“8308

CLASPS, FRAMES WITH CLASPS, BUCKLES, BUCKLE-

CLASPS, HOOKS, EYES, EYELETS AND THE LIKE, OF BASE

METAL, OF A KIND USED FOR CLOTHING OR CLOTHING

ACCESSORIES, FOOTWEAR, JEWELLERY, WRIST

WATCHES, BOOKS, AWNINGS, LEATHER GOODS, TRAVEL

GOODS OR SADDLERY OR FOR OTHER MADE UP ARTICLES;

TUBULAR OR BIFURCATED RIVETS, OF BASE METAL; BEADS

AND SPANGLES, OF BASE METAL ”;

(36) in Section XVI, in Note 1, for clause (q), the following clause shall be substituted, namely:—

“(q)

typewriter or similar ribbons, whether or not on spools or in

cartridges (classified according to their constituent material, or in heading

9612 if inked or otherwise prepared for giving impressions), or

monopods, bipods, tripods and similar articles, of heading 9620.”;

(37) in Chapter 84,—

(i) in Note 1,—

(A) in clause (f), the word “or”shall be omitted;

(B) after clause (f), the following clause shall be inserted, namely:—

“(g) radiators for the articles of Section XVII; or”;

(C ) the existing clause (g) shall be re-lettered as (h);

(ii) in Note 2, in clause (e), for the words “machinery or plant”, the words “machinery, plant or laboratory equipment” shall be

substituted;

(iii) in Note 9, for clause (A), the following clause shall be substituted, namely:—

‘(A) Notes 9 (a) and 9 (b) to Chapter 85 also apply with respect to the expressions “semiconductor devices” and “electronic integrated

circuits”, respectively, as used in this Note and in heading 8486. However, for the purposes of this Note and of heading 8486, the

expression “semiconductor devices” also covers photosensitive semiconductor devices and light-emitting diodes (LED).’;

(iv) in Sub-heading Notes,—

(A) the following new Sub-heading Note 1 shall be inserted, namely:—

‘1. For the purposes of sub-heading 8465 20, the term “machining centres” applies only to machine-tools for working wood, cork,

bone, hard rubber, hard plastics or similar hard materials, which can carry out different types of machining operations by automatic tool

change from a magazine or the like in conformity with a machining programme.’;

(B) the existing Sub-heading Note 1 shall be re-numbered as Sub-heading Note 2 and after Sub-heading Note 2 as so re-numbered, the

following Sub-heading Note shall be inserted, namely:—

‘3. For the purposes of sub-heading 8481 20, the expression “valves for oleohydraulic or pneumatic transmissions” means valves

which are used specifically in the transmission of “fluid power” in a hydraulic or pneumatic system, where the energy source is supplied

in the form of pressurised fluids (liquid or gas). These valves may be of any type (for example, pressure-reducing type, check type).

Sub-heading 8481 20 takes precedence over all other sub-headings of heading 8481.’;

(C) the existing Sub-heading Note 2 shall be re-numbered as Sub-heading Note 4 ;

(v) in heading 8415, for sub-heading 8415 10 and the entries relating thereto, the following shall be substituted, namely:—

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Tariff Item

Description of goods

Unit

Rate of Duty

Standard

Preferenti

(1)

(2)

(3)

(4)

(5)

8702 90 29

- - - -

Other, non air-conditioned

u

40%

-”;

(iii) in heading 8703,—

(a) in the entry in column (2) occurring after tariff item 8703 10 90 and the entries relating thereto, after the word “with”, the wor

“only” shall be inserted;

(b) in the entry in column (2) occurring after tariff item 8703 24 99 and the entries relating thereto, for the words “with compressio

ignition” the words “with only compression-ignition” shall be substituted;

(c) the tariff items 8703 31 20 and 8703 32 20 and the entries relating thereto shall be omitted;

(d) after tariff item 8703 33 99 and the entries relating thereto, the following shall be inserted, namely:—

“8703 40

-

Other vehicles, with both spark-ignition internal combustion

reciprocating piston engine and electric motor as motors for propulsion,

other than those capable of being charged by plugging to external

source of electric power:

8703 40 10

- - -

Vehicles principally designed for transport of more than seven

u

125%

-

persons, including driver

8703 40 20

- - -

Specialised transport vehicles such as ambulances, prison

u

125%

-

vans and the like

8703 40 30

- - -

Motor cars

u

125%

-

8703 40 40

- - -

Three-wheeled vehicles

u

125%

-

8703 40 90

- - -

Other

u

125%

-

8703 50

-

Other vehicles, with both compression-ignition internal

combustion piston engine (diesel or semi-diesel) and electric motor as

motors for propulsion, other than those capable of being charged by

plugging to external source of electric power:

8703 50 10

- - -

Vehicles principally designed for transport of more than seven

u

125%

-

persons, including driver

8703 50 20

- - -

Specialised transport vehicles such as ambulances, prison

u

125%

-

vans and the like

8703 50 30

- - -

Motor cars

u

125%

-

8703 50 40

- - -

Three-wheeled vehicles

u

125%

-

8703 50 90

- - -

Other

u

125%

-

8703 60

-

Other vehicles, with both spark-ignition internal combustion

reciprocating piston engine and electric motor as motors for propulsion,

capable of being charged by plugging to external source of electric

power:

8703 60 10

- - -

Vehicles principally designed for transport of more than seven

u

125%

-

persons, including driver

8703 60 20

- - -

Specialised transport vehicles such as ambulances, prison

u

125%

-

vans and the like

8703 60 30

- - -

Motor cars

u

125%

-

8703 60 40

- - -

Three-wheeled vehicles

u

125%

-

8703 60 90

- - -

Other

u

125%

-

8703 70

-

Other vehicles, with both compression-ignition internal

combustion piston engine (diesel or semi-diesel) and electric motor as

motors for propulsion, capable of being charged by plugging to external

source of electric power:

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Tariff Item

Description of goods

Unit

Rate of Duty

(1)

(2)

(3)

(4)

5704 20 10

- - -

Cotton

m2

12.5%

5704 20 20

- - -

Woollen, other than artware

m2

12.5%

5704 20 90

- - -

Other

m2

12.5% ”;

(28) in Chapter 60,––

(i) after Note 3, the following shall be inserted, namely:––

“Sub-heading Note:

Sub-heading 6005 35 covers fabrics of polyethylene monofilament or of polyester multifilament, weighing not less than 30g/m2 and

not more than 55g/m2 , having a mesh size of not less than 20 holes/cm2 and not more than 100 holes/cm2, and impregnated or coated with

alpha-cypermethrin (ISO), chlorfenapyr (ISO), deltamethrin (INN, ISO), lambda-cyhalothrin (ISO), permethrin (ISO) or pirimiphos-

methyl (ISO).” ;

(ii) for tariff items 6005 31 00 to 6005 34 00 and the entries relating thereto, the following shall be substituted, namely:––

“6005 35 00

- -

Fabrics specified in Sub-heading Note 1 to this Chapter

kg.

12.5%

6005 36 00

- -

Other, unbleached or bleached

kg.

12.5%

6005 37 00

- -

Other, dyed

kg.

12.5%

6005 38 00

- -

Other, of yarns of different colours

kg.

12.5%

6005 39 00

- -

Other, printed

kg.

12.5% ”;

(29) in Chapter 63,––

(i) after Note 3, the following shall be inserted, namely:––

“Sub-heading Note:

Sub-heading 6304 20 covers articles made from fabrics, impregnated or coated with alpha-cypermethrin (ISO), chlorfenapyr (ISO),

deltamethrin (INN, ISO), lambda-cyhalothrin (ISO), permethrin (ISO) or pirimiphosmethyl (ISO).”;

(ii) in heading 6304, after tariff item 6304 19 90 and the entries relating thereto, the following shall be inserted, namely:––

“6304 20 00

-

Bed nets, of warp knit fabrics specified in Sub-heading Note 1 to this Chapter

u

12.5% ”;

(30) in Chapter 68, in Note1, for clause (m), the following clause shall be substituted, namely:––

“(m)

articles of heading 9602, if made of materials specified in Note 2 (b) to

Chapter 96, or of heading 9606 (for example, buttons), of heading 9609 (for

example, slate pencils), heading 9610 (for example, drawing slates) or of heading

9620 (monopods, bipods, tripods and similar articles); or”;

(31) in Chapter 69,––

(i) for heading 6907, sub-heading 6907 10, tariff items 6907 10 10 and 6907 10 90, sub-heading 6907 90, tariff items 6907 90 10 and 6907

90 90 and the entries relating thereto, the following shall be substituted, namely:––

“6907

CERAMIC FLAGS AND PAVING, HEARTH OR WALL TILES; CERAMIC

MOSAIC CUBES AND THE LIKE, WHETHER OR NOT ON A BACKING;

FINISHING CERAMICS

-

Flags and paving, hearth or wall tiles, other than those of sub-headings

6907 30 and 6907 40:

6907 21 00

- -

Of a water absorption coefficient by weight not exceeding 0.5%

m2

12.5%

6907 22 00

- -

Of a water absorption coefficient by weight exceeding 0.5% but not exceeding 10 %

m2

12.5%

6907 23 00

- -

Of a water absorption coefficient by weight exceeding 10%

m2

12.5%

6907 30

-

Mosaic cubes and the like, other than those of sub-heading 6907 40:

6907 30 10

- - -

Mosaic cubes and the like, other than those of sub-heading 6907 40

m2

12.5%

6907 40

-

Finishing ceramics:

6907 40 10

- - -

Finishing ceramics

m2

12.5% ”;

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Tariff Item

Description of goods

Unit

Rate of Duty

(1)

(2)

(3)

(4)

plastics or similar hard materials, which can carry out different types of machining

operations by automatic tool change from a magazine or the like in conformity

with a machining programme.’;

(B) the existing Sub-heading Note 1 shall be re-numbered as Sub-heading Note 2 and after Sub-heading Note 2 as so re-numbered, the

following Sub-heading Note shall be inserted, namely:––

‘3.

For the purposes of sub-heading 8481 20, the expression “valves for

oleohydraulic or pneumatic transmissions” means valves which are used

specifically in the transmission of “fluid power” in a hydraulic or pneumatic

system, where the energy source is supplied in the form of pressurised fluids

(liquid or gas). These valves may be of any type (for example, pressure-reducing

type, check type). Sub-heading 8481 20 takes precedence over all other sub-

headings of heading 8481.’;

(C) the existing Sub-heading Note 2 shall be re-numbered as Sub-heading Note 4;

(v) in heading 8415, for sub-heading 8415 10 and the entries relating thereto, the following shall be substituted,

namely:––

‘8415 10

-

Of a kind designed to be fixed to a window, wall, ceiling or floor,

self-contained or “split-system”:’;

(vi) in heading 8424,––

(a) after tariff item 8424 30 00 and the entries relating thereto, the following shall be inserted, namely:––

“-

Agricultural or horticultural sprayers:

8424 41 00

- -

Portable sprayers

u

Nil

8424 49 00

- -

Other

u

Nil ”;

(b) for tariff item 8424 81 00 and the entries relating thereto, the following shall be substituted, namely:––

“8424 82 00

- -

Agricultural or horticultural

u

Nil ”;

(vii) in heading 8432,––

(a) for tariff item 8432 30 00 and the entries relating thereto, the following shall be substituted, namely:––

“-

Seeders, planters and transplanters:

8432 31 00

- -

No-till direct seeders, planters and transplanters

u

Nil

8432 39 00

- -

Other

u

Nil ”;

(b) for tariff item 8432 40 00 and the entries relating thereto, the following shall be substituted, namely:––

“-

Manure spreaders and fertiliser distributors:

8432 41 00

- -

Manure spreaders

u

Nil

8432 42 00

- -

Fertiliser distributors

u

Nil ”;

(viii) for heading 8442 and the entries relating thereto, the following shall be substituted, namely:––

“8442

MACHINERY, APPARATUS AND EQUIPMENT (OTHER THAN THE

MACHINES OF HEADINGS 8456 TO 8465) FOR PREPARING OR MAKING

PLATES, PRINTING COMPONENTS; PLATES, CYLINDERS AND

LITHOGRAPHIC STONES, PREPARED FOR PRINTING PURPOSES

(FOR EXAMPLE, PLANED, GRAINED OR POLISHED)”;

(ix) in heading 8456,––

(a) for tariff item 8456 10 00 and the entries relating thereto, the following shall be substituted, namely:––

“-

Operated by laser or other light or photon beam processes:

8456 11 00

- -

Operated by laser

u

12.5%

8456 12 00

- -

Operated by other light or photon beam processes

u

12.5% ”;

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Tariff Item

Description of goods

Unit

Rate of Duty

(1)

(2)

(3)

(4)

integrated circuit, as a component of a kind used for assembly onto a printed

circuit board (PCB) or other carrier, through the connecting of pins, leads, balls,

lands, bumps, or pads.

For the purpose of this definition:

(1)

“Components” may be discrete, manufactured independently then assembled onto the rest of the MCO, or integrated into

other components.

(2)

“Silicon based” means built on a silicon substrate, or made of silicon materials, or manufactured onto integrated circuit die.

(3) (a)

“Silicon based sensors” consist of microelectronic or mechanical structures that are created in the mass or on the surface of a

semiconductor and that have the function of detecting physical or chemical quantities and transducing these into electric signals, caused by

resulting variations in electric properties or displacement of a mechanical structure. “Physical or chemical quantities” relates to real world

phenomena, such as pressure, acoustic waves, acceleration, vibration, movement, orientation, strain, magnetic field strength, electric field

strength, light, radioactivity, humidity, flow, chemicals concentration, etc.

(b)

“Silicon based actuators” consist of microelectronic and mechanical structures that are created in the mass or on the surface

of a semiconductor and that have the function of converting electrical signals into physical movement.

(c)

“Silicon based resonators” are components that consist of microelectronic or mechanical structures that are created in the

mass or on the surface of a semiconductor and have the function of generating a mechanical or electrical oscillation of a predefined

frequency that depends on the physical geometry of these structures in response to an external input.

(d)

“Silicon based oscillators” are active components that consist of microelectronic or mechanical structures that are created in

the mass or on the surface of a semiconductor and that have the function of generating a mechanical or electrical oscillation of a predefined

frequency that depends on the physical geometry of these structures.’;

(iv) in heading 8528, for tariff items 8528 41 00 to 8528 69 00 and the entries relating thereto, the following shall be substituted, namely:–

–

“8528 42 00

- -

Capable of directly connecting to and designed for use with an automatic

u

12.5%

data processing machine of heading 8471

8528 49 00

- -

Other

u

12.5%

-

Other monitors:

8528 52 00

- -

Capable of directly connecting to and designed for use with an automatic

u

12.5%

data processing machine of heading 8471

8528 59 00

- -

Other

u

12.5%

-

Projectors:

8528 62 00

- -

Capable of directly connecting to and designed for use with an automatic

u

12.5%

data processing machine of heading 8471

8528 69 00

- -

Other

u

12.5% ”;

(v) for tariff item 8531 20 00 and the entries relating thereto, the following shall be substituted, namely:––

“8531 20 00

-

Indicator panels incorporating liquid crystal devices (LCD) or light-emitting

u

12.5% ”;

diodes (LED)

(vi) in heading 8539,––

(a) for heading 8539 and the entries relating thereto, the following shall be substituted, namely:––

“8539

ELECTRIC FILAMENT OR DISCHARGE LAMPS INCLUDING SEALED

BEAM LAMP UNITS AND ULTRA-VIOLET OR INFRA-RED LAMPS, ARC

LAMPS; LIGHT-EMITTING DIODE (LED) LAMPS”;

(b) after tariff item 8539 49 00 and the entries relating thereto, the following shall be inserted, namely:––

“8539 50 00

-

Light-emitting diode (LED) lamps

u

12.5% ”;

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Tariff Item

Description of goods

Unit

Rate of Duty

(1)

(2)

(3)

(4)

(vii) in heading 8541,––

(a) for heading 8541 and the entries relating thereto, the following shall be substituted, namely:––

“8541

DIODES, TRANSISTORS AND SIMILAR SEMI-CONDUCTOR DEVICES;

PHOTOSENSITIVE SEMI-CONDUCTOR DEVICES; INCLUDING

PHOTO VOLTAIC CELLS, WHETHER OR NOT ASSEMBLED IN

MODULES OR MADE UP INTO PANELS; LIGHT-EMITTING DIODES

(LED); MOUNTED PIEZO-ELECTRIC CRYSTALS”;

(b) for tariff item 8541 10 00 and the entries relating thereto, the following shall be substituted, namely:––

“8541 10 00

-

Diodes, other than photosensitive or light-emitting diodes(LED)

u

12.5% ”;

(c) for sub-heading 8541 40 and the entries relating thereto, the following shall be substituted, namely:––

“8541 40

-

Photosensitive semi-conductor devices, including photo voltaic cells

”;

whether or not assembled in modules or made up into panels; light-emitting

diodes (LED):”;

(39) in Section XVII, in Note 2, for clause (e), the following clause shall be substituted, namely:––

“(e)

machines and apparatus of headings 8401 to 8479, or parts thereof,

other than the radiators for the articles of this Section, articles of heading 8481 or

8482 or, provided they constitute integral parts of engines and motors, articles of

heading 8483;”;

(40) in Chapter 87,––

(i) in heading 8701,––

(a) for tariff item 8701 10 00, the following shall be substituted, namely:––

“8701 10 00

-

Single axle tractors

u

12.5% ”;

(b) for sub-heading 8701 90, tariff items 8701 90 10 and 8701 90 90 and the entries relating thereto, the following shall be substituted,

namely:––

“-

Other, of an engine power:

8701 91 00

- -

Not exceeding 18 kW

u

12.5%

8701 92 00

- -

Exceeding 18 kW but not exceeding 37 kW

u

12.5%

8701 93 00

- -

Exceeding 37 kW but not exceeding 75 kW

u

12.5%

8701 94 00

- -

Exceeding 75 kW but not exceeding 130 kW

u

12.5%

8701 95 00

- -

Exceeding 130 kW

u

12.5% ”;

(ii) in heading 8702, for sub-heading 8702 10, tariff items 8702 10 11 to 8702 10 99, sub-heading 8702 90, tariff items 8702 90 11 to 8702

90 99, the following shall be substituted, namely:—

“8702 10

-

With only compression-ignition internal combustion piston engine

(diesel or semi-diesel):

- - -

Vehicles for transport of not more than 13 persons, including the driver:

8702 10 11

- - - -

Integrated monocoque vehicle, air-conditioned

u

27%

8702 10 12

- - - -

Integrated monocoque vehicle, non air-conditioned

u

27%

8702 10 18

- - - -

Other, air-conditioned

u

27%

8702 10 19

- - - -

Other, non air-conditioned

u

27%

- - -

Other:

8702 10 21

- - - -

Integrated monocoque vehicle, air-conditioned

u

12.5%

8702 10 22

- - - -

Integrated monocoque vehicle, non air-conditioned

u

12.5%

8702 10 28

- - - -

Other, air-conditioned

u

12.5%

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Tariff Item

Description of goods

Unit

Rate of Duty

(1)

(2)

(3)

(4)

8703 80

-

Other vehicles, with only electric motor for propulsion:

8703 80 10

- - -

Vehicles principally designed for transport of more than seven persons,

u

8%

including driver

8703 80 20

- - -

Specialised transport vehicles such as ambulances, prison vans and the like

u

8%

8703 80 30

- - -

Motor cars

u

8%

8703 80 40

- - -

Three-wheeled vehicles

u

8%

8703 80 90

- - -

Other

u

8%”;

(vi) for sub-heading 8703 90, tariff items 8703 90 10 and 8703 90 90 and the entries relating thereto, the following shall be substituted,

namely:––

“8703 90 00

-

Other

u

8%”.

THE ELEVENTH SCHEDULE

(See section 162)

Item No.

Description of goods

Rate

(1)

(2)

(3)

1.

All goods falling under heading 8703 of the First Schedule to the Central

Excise Tariff Act, 1985 (5 of 1986).

4%

THE TWELFTH SCHEDULE

[See section 231 (i)]

In the Seventh Schedule to the Finance Act, 2001,––

(a) in column (1), for the tariff item “2403 10 10”, the tariff item “2403 11 10” shall be substituted;

(b) in column (1), for the tariff item “2403 10 20”, the tariff item “2403 19 10” shall be substituted;

(c) in column (1), for the tariff item “2403 10 31”, the tariff item “2403 19 21” shall be substituted;

(d) in column (1), for the tariff item “2403 10 39”, the tariff item “2403 19 29” shall be substituted;

(e) in column (1), for the tariff item “2403 10 90”, the tariff item “2403 19 90” shall be substituted.

THE TENTH SCHEDULE

(See section 160)

Notification No.

Amendment

Period of effect of amendment

(1)

(2)

(3)

G.S.R. 519(E), dated the 29th June,

2012 [No.41/2012-Service Tax,

dated the 29th June, 2012]

In the said notification, in the Explanation,–

(a) in clause (A), for sub-clause (i), the following sub-clause shall

be substituted and shall be deemed to have been substituted,

namely:––

“(i) in the case of excisable goods, taxable services that have

been used beyond factory or any other place or premises of

production or manufacture of the said goods, for their export;”;

(b) clause (B) shall be omitted.

1st day of July, 2012 to 2nd February,

2016 (both days inclusive).

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8703 70 90

- - -

Other

u

1%

8703 80

-

Other vehicles, with only electric motor for propulsion:

8703 80 10

- - -

Vehicles principally designed for transport of more than seven persons,

u

1%

including driver

8703 80 20

- - -

Specialised transport vehicles such as ambulances, prison vans and the like

u

1%

8703 80 30

- - -

Motor cars

u

1%

8703 80 40

- - -

Three-wheeled vehicles

u

1%

8703 80 90

- - -

Other

u

1%”;

(v) for sub-heading 8703 90, tariff items 8703 90 10 and 8703 90 90 and the entries relating thereto, the following shall be substituted,

namely:––

Tariff Item

Description of goods

Unit

Rate of Duty

(1)

(2)

(3)

(4)

“8703 90 00

-

Other

u

1%”.

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THE FOURTEENTH SCHEDULE

(See section 234)

In the Seventh Schedule to the Finance Act, 2005,––

(a) for the entry in column (4) occurring against tariff item 2402 20 10, the entry “Rs.215 per thousand” shall be substituted;

(b) for the entry in column (4) occurring against tariff item 2402 20 20, the entry “Rs.370 per thousand” shall be substituted;

(c) for the entry in column (4) occurring against tariff item 2402 20 30, the entry “Rs.215 per thousand” shall be substituted;

(d) for the entry in column (4) occurring against tariff item 2402 20 40, the entry “Rs.260 per thousand” shall be substituted;

(e) for the entry in column (4) occurring against tariff item 2402 20 50, the entry “Rs.370 per thousand” shall be substituted;

(f) for the entry in column (4) occurring against tariff item 2402 20 90, the entry “Rs.560 per thousand” shall be substituted.

THE FIFTEENTH SCHEDULE

(See section 239)

REPEALS

Year

No.

Short title

Extent of repeal

(1)

(2)

(3)

(4)

1946

22

The Mica Mines Labour Welfare Fund Act, 1946

1953

49

The Salt Cess Act, 1953

1958

44

The Merchant Shipping Act, 1958

1963

41

The Textiles Committee Act, 1963

1972

62

The Limestone and Dolomite Mines Labour Welfare

Fund Act, 1972

1975

26

The Tobacco Cess Act, 1975

1976

55

The Iron Ore Mines, Manganese Ore Mines and Chrome

Ore Mines Labour Welfare Cess Act, 1976

1981

30

The Cine-workers Welfare Cess Act, 1981

Section 2.

The whole.

Section 261, clause (y) of section 262,

section 356M, section 356N, clause (e) of

section 356-O.

Sections 5A, 5D, 5E, 5F, clause (aa) of

sub-section (1) of section 7 and clause (da)

of sub-section (2) of section 22.

Sections 3, 4 and clauses (a) to (f) of sub-

section (2) of section 16.

The whole.

Sections 3, 4, 5 and section 6.

Clause (a) of section 3.

AMENDMENTS

Year

No.

Short title

Amendments

(1)

(2)

(3)

(4)

1972

62

The Limestone and Dolomite Mines Labour

Welfare Fund Act, 1972

1976

56

The Beedi Workers Welfare Cess Act, 1976

For sub-section (1) of section 5, the

following sub-section shall be

substituted, namely:––

“(1) The Central Government shall

constitute a fund called the Limestone

and Dolomite Labour Welfare Fund

(hereinafter referred to as the Fund).”.

In sub-section (1) of section 3, for the

words “not be less than fifty paisa or

more than five rupees”, the words

“not be less than five rupees or more

than twenty-four rupees” shall be

substituted.

Constitution

of Fund.

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Department of Revenue

—

Order

14/59/2017-RD/761

Government of Goa has approved the proposal of setting up the Citizen Services Centre

(CSC) to deliver the various Citizen Centric Services of various Government Departments to the

Citizens, CSC’s will be the front end delivery channel for all Government services.

Initially the Citizen Services Centre (CSC) will be set up at Ground Floor, Mathany Saldhana

Administrative Complex, Margao, in Salcete Taluka.

All the people availing services delivered by office of Collector of North and South and

subordinate Offices and Directorate of Settlement and Land Records will be delivered exclusively

through the above mentioned Citizen Services Centre (CSC). The applicant/people availing

this service from Salcete Taluka should therefore avail this service through Citizen Services

Centre (CSC) only.

The details of services provided through CSC with the prescribed rate are as under:—

Sr. No.

Services

Fees

1

2

3

(1)

Every certified computerized copy of a serial

Rs. 45/- for the first page and @ Rs. 15/- for every

number or entry in the record of rights,

additional page.

register of mutations and from the registers,

accounts and records, other than maps,

maintained by a Talathi under section 8 of

the Code

(2)

Every certified copy of an entry in the register

Rs. 60/-

of property maintained by the City Survey

Officer (Form D)

(3)

Every certified copy of a map of a survey

Rs. 150/- per Survey Number/Sub-Division Number.

number or of a sub-division of a survey number

or of any (uncoloured) map of any immoveable

property prepared under clause (a) of section

101 of the Code

(4)

Every certified copy of a map of a survey

Rs. 150/- per Survey Number/Sub-Division Number.

number or of a sub-division of a survey

number or of an ordinary (uncoloured) map

or plan of any immovable property prepared

under section 56 of the Code

(5)

Every certified computerized copy of a map

Rs. 180/- per Survey Number/Sub-Division Number.

of a survey number or of a sub-division of a

survey number or of map or plan of any

immovable property prepared under section

56 of the Code

(6)

Every certified copy of computerized map of

Rs. 180/- per Survey Number/Sub-Division Number.

a survey number or of a sub-division of a

OFFICIAL GAZETTE — GOVT. OF GOA

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1

2

3

survey number or of map or plan of any

immovable property prepared under section

56 of the Code with details of Form I

appended to the Goa, Daman and Diu Land

Revenue (Records of Rights and Register of

Cultivators) Rules, 1969

(7)

Every certified copy of a map or plan of a

Rs. 150/- per Survey Number/Sub-Division Number.

non-agricultural survey number or a sub-

-division of such a survey number or of an

extract of city survey prepared under section

65 of the Code

(8)

Every certified computerized copy of a map

Rs. 180/- for Survey Number/Sub-Division Number.

or plan of a non-agricultural survey number

or a sub-division of such a survey number

(9)

Every certified computerized copy of full size

Rs. 180/- for a Survey Number/Sub-Division Number

copy of P. T. Sheet

and Rs. 80/- for remaining each Survey Number/Sub-

-Division Number.

(10)

Every certified copy of following map or plan

or certified computerized copy of a map or a

plan or of any portion of map or plan

(coloured copies with all details)

(a) Detail Village map (As per the available

Rs. 450/- for a copy upto 10 P.T. Sheets and Rs. 100/-

scale)

for each additional PT Sheet with all details.

(b) Taluka map with village Boundary details

Rs. 1000/-

(As per the available scale)

(c) District map with Taluka Boundary (As

Rs. 2000/-

per the available scale)

(d) Map of State of Goa (As per the available

Rs. 2500/-

scale)

(11)

Every certified copy of Form XV/Resurvey

Rs. 220/- per Survey Number/Sub-Division Number.

map under section 65-A of the Code

(12)

Every digitally signed copy of a map of survey

Minimum of Rs. 220/- per Survey Number/

number or of a Sub-Divsion of a survey

/Sub-Division Number.

number or plan of any immovable property

prepared under section 56 of the Code with

the details of Form I appended to the Goa,

Daman and Diu Land Revenue (Record of

Rights and Register of Cultivators) Rules, 1969

(13) Every digitally signed copy of a map or plan

Rs. 250/- per Survey Number/Sub-Division Number.

of survey number or a sub-division of a survey

number prepared in Form J appended to the

Goa, Daman and Diu Land Revenue (City Survey)

Rules, 1969 (Integrated Land Record)

(14)

Every digitally signed copy of a map of a

Minimum of Rs. 200/- per Survey Number/

survey number or of a sub-division of a survey

/Sub-Division Number.

number or of a map or plan of any immovable

property prepared under section 56 of the Code

OFFICIAL GAZETTE — GOVT. OF GOA

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382

www.goaprintingpress.gov.in

Printed and Published by the Director, Printing & Stationery,

Government Printing Press,

Mahatma Gandhi Road, Panaji-Goa 403 001.

PRICE – Rs. 200.00

PRINTED AT THE GOVERNMENT PRINTING PRESS, PANAJI-GOA—29/200—4/2018.

Certificates

Sr. No.

Name of the e-Services

Fees

1.

Residence Certificate

50/-

2.

Domicile Certificate

50/-

3.

Mediclaim Certificate

50/-

4.

Divergence Certificate

50/-

5.

Caste Certificate

50/-

6.

Sound Permission

50/-

No fees will be charged for online applications filed by applicant requesting for Certificates.

It is further informed that no services in the form of Certificate or the services which are

processed through e-district module will be issued from office of concerned Mamlatdar,

Dy. Collector and Collector & DSLR in respect of Salcete Taluka.

Sagun R. Velip, Under Secretary (Revenue-I).

Porvorim, 16th April, 2018.