LCI Learning
New LIVE Course: Toxicology and Law. Batch begins 21st July. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

BUDGET

Page no : 8

Guest (Guest)     10 July 2009

 

 

  Mutual Funds have welcomed budget 2009-10 saying the proposals were on expected lines. No mutual fund is in any mood to realign 

 
investment strategy based on the budget. Not being perturbed by any negative market sentiment, fund houses feel that it is time to look at stocks through its fundamentals. Moreover, fund houses are mostly over-weight on infrastructure sector. 



The FM has declared that India Infrastructure Finance Corporation is expected to finance Rs 1,00,000 crore infrastructure projects. Fund managers now feel vindicated in view of taking exposure in infrastructure stocks in their equity funds. 



Going forward, AMCs to anticipate some policy announcements on disinvestment front, which they think, FM has made enough reference in his budget proposal. 



Budget Reactions from fund houses: 



“The budget is positive. The market has over-reacted to it. MF strategy does not change on one budget. Those announcements like disinvestments that market expected will come in due course of time. There is nothing to be disappointed,” said Navneet Munot, CIO, SBI MF. 





“The budget has kept the continuity of stimulus package through spending in sectors like infrastructure and agricultural sectors. Further, focus on delivery mechanism is also a welcome move. However, market reaction is a result of over expectation,” said A Balasubramanian, CIO, Birla Sunlife Mutual Fund, who feels, budget is good from medium to long term perspective. 



“If there is no policy announcement, there are enough references to policy count like on fiscal prudence or disinvestment. In the next few weeks or months we would witness some real policy announcements based on those references. Consequently, we will be tweaking our investment strategy,” said Ved Prakash, Managing Director, TATA Asset Management, who feels, that market reacted emotionally to the budget out of over expectation and the budget truly reflects reality of current environment. 



“The budget is very much on the lines of expectations. We are not realigning out investment strategy. The market disappointment basically come from the size of fiscal deficit that is now pegged at 6.8% for FY10 fiscal deficit of GDP as against the target of 5.5%,” said Sanjay Sinha DBS Cholamandalam. 



“No policy announcement coupled with the size of fiscal deficit has led to a correction in the market. We have already realigned our investment strategy before budget expecting the possible outcome which is very much on line with the budget,” said Mohit Mirchandani, head-equity, Taurus Mutual Fund.

Guest (Guest)     10 July 2009

 Finance Minister Pranab Mukherjee cut customs duty on a key wind turbine component and on bio-diesel while presenting his 2009-10 

 

budget proposals, hoping the move would please environmentalists. But an international NGO said he had done nothing to change the direction of India towards a greener economy. 



Mukherjee said he would finance the eight national missions under the National Action Plan on Climate Change unveiled by Prime Minister Manmohan Singh last year, but did not specify a number. The missions are still being finalised, and minister for environment and forests Jairam Ramesh had said last week they would be ready by the end of 2009. 



The finance minister reduced customs duty on bio-diesel from 7.5% to 2.5%. He also said: "It is imperative that the contribution of new and renewable energy sources of power is enhanced if we have to successfully combat the phenomena of global warming and climate change. I am reducing the basic customs duty on permanent magnets - a critical component for Wind Operated Electricity Generators - from 7.5% to 5%." 



Responding to this, Raman Mehta of Climate Action Network South Asia - a coalition of green NGOs - said: "This budget could have taken the opportunity to attract green investments, but has not done that. There is no change in the trajectory of economic planning." 



Mukherjee pointed out that the government had recently set up the National Ganga River Basin Authority and said the "budgetary allocation under national river and lake conservation plans are being increased from Rs.335 crore ($67 million) in 2008-09 to Rs.562 crore ($112 million) in 2009-10". 



Mehta said the National Ganga River Basin Authority was the much-reviled 1985 Ganga Action Plan by another name, "which had been planned very badly, so there is nothing great about this". 



The finance minister also gave a special one-time grant of Rs.100 crore to the Indian Council of Forestry Research and Education, Dehradun, and Rs.15 crore each to Botanical Survey of India and Zoological Survey of India. An additional amount of Rs.15 crore was allocated for Geological Survey of India. 



Extending tax benefits to green NGOs, Mukherjee said: "Under the present provisions of section 2 (15) of the Income Tax Act, 'charitable purpose' includes relief of the poor, education, medical relief, and the 'advancement of any other object of general public utility'... 



"I propose to provide the same tax treatment to trusts engaged in preserving and improving our environment (including watersheds, forests and wildlife) and preserving our monuments or places or objects of artistic or historic interest, as is available to trusts engaged in providing relief of the poor, education and medical relief."

Guest (Guest)     11 July 2009

 Tax incentive to attract funds for warehouses, cold storages

 

The investment-linked tax incentive scheme proposed in the Budget to firms setting up cold stores and warehouses for farm produce is likely to attract private funds.

Finance minister Pranab Mukherjee announced the scheme in his Budget speech on Monday to attract investments into the sector as the government aims to reduce wastage of such perishables.

The scheme proposes that all capital expenditure—other than expenditure on land, goodwill and financial instruments—to build and operate such facilities can be fully treated as deductions for tax.

India is the second largest producer of fresh fruits and vegetables in the world.

Gateway Distriparks Ltd, which operates a cold storage business through its subsidiary, Snowman Frozen Foods Ltd, a joint venture with the Mitsubishi Group, welcomed the move.

“The cold chain and warehousing sector will get a big boost from the investment-linked tax incentive scheme,” said Ravi Kannan, chief executive officer, Snowman Frozen Foods. “The move can reduce the phenomenal wastage in fruits and vegetables.”

“Due to lack of post-harvest management facilities, absence of suitable cold stores and the lack of an organized distribution system, the wastage of fresh produce in India is as much as 25-30%,” said Atul Chaturvedi, chief executive officer of the farm produce business of the Adani group, which has set up storage, handling and transportation infrastructure for fruits and vegetables.

The industry estimates the spoilage to be worth Rs50,000 crore at current prices every year.

“This business has huge potential,” said D.S. Kapoor, senior general manager, planning and development at state-owned transporter Container Corp. of India Ltd (Concor).

Fresh and Healthy Enterprises Ltd, a 100% subsidiary of Concor that was set up to tap opportunities in the agriculture business sector, started operating a modern, controlled-atmosphere warehouse at Rai in Sonepat in Haryana for storing apples in 2006.

The rapid evolution of organized retail in India, along with the emergence of a large food processing sector, has made it essential to have a modern warehousing and cold chain infrastructure for perishables, industry experts say. The development of a modern retail sector will necessitate streamlined supply networks with well-developed storage infrastructure between the source and the end consumer, they say.

Currently, private companies investing in the sector are eligible for a subsidy but it is not sufficient to attract more money.

The Income-tax Act provides for a number of profit-linked exemptions and deductions.

But such benefits are not sufficient, impose higher compliance and administrative burden, result in revenue loss, increase litigations and lead to competitive demand for similar tax benefits, the finance minister said in his speech. However, investment-linked incentives are relatively less distortionary in their impact, he added.

Additionally, poor connectivity between the production and consumption centres, lack of good roads and varied tax structures across the country have so far prevented large-scale investments in building a nationwide cold-storage infrastructure.

The development of highways, introduction of value-added tax and a projected shift to a national goods and services tax are also likely to provide an impetus to the sector.

“The current fiscal regime is not supportive of cold store chains and warehouses for perishable agricultural produce,” said S. Ramanujam, business head at Adani Agri Fresh Ltd.

The capital expenditure for setting up cold chain facilities and warehouses is high. Besides, such projects have high operating costs because of the need for uninterrupted power supply, he said.

“The purpose of setting up cold chain will be defeated if the power supply is erratic. This requires investment in back-up systems, which adds to the capital investment costs,” Ramanujam said.

The domestic market for fruits and vegetables is characterized by oversupply in the peak season and shortage in off-season, resulting in off-season prices that are often three-four times more than seasonal prices.

“The lack of appropriate storage and logistic infrastructure jacks up the prices for the ultimate consumers. As a result, neither does the produce reach the consumer in the optimal condition nor does the producer get fairly remunerated,” Chaturvedi said.

Adani Agri Fresh has set up atmosphere-controlled storage facilities at Rewali, Sainz and Rohru in Himachal Pradesh.

An executive at Fresh and Healthy Enterprises said the firm recently sold its best apples, preserved in its atmosphere-controlled warehouse at Rai in Sonepat, for Rs80-84 a kg in New Delhi and Mumbai markets.

“We reached so close to the quality of imported apples that were sold between Rs95 and Rs100 a kg,” he said. The executive didn’t want to be named as he is not the company’s spokesperson.

“The wastage rate of apples at our atmosphere-controlled warehouse is as low as 0.5%, compared with 10-15% at ordinary cold storages,” he claimed. “Based on the success rate, mandi (fruit and vegetable market) merchants have now approached us to hire space in our Rai facility to preserve apples.”

Fresh and Healthy Enterprises plans to open 11 more such warehouses across the country, and add fruits such as oranges, grapes and cherries into its portfolio, he added.

Guest (Guest)     11 July 2009

 Tax deduction at source: Quoting PAN will entail lower rate

The Finance Ministry has come up with an innovative proposal to expand the use of permanent account numbers (PAN) and, thereby, widen the tax base in the country.

Budget 2009-10 seeks to amend the income-tax law to specify that tax would be deducted at 20 per cent in all cases where the deductees fail to furnish their PAN. If the PAN is furnished, then the normal rates as specified under the law will apply.

A deterrent

Simply put, the 20 per cent rate on tax deducted at source (TDS) will be a deterrent and compel many to obtain and furnish PAN to deductors. Otherwise, it will directly impact their cash flows in terms of higher tax payout at source.

The proposed change in law will become effective from April 1, 2010.

However, this proposal is likely to impact non-residents as they would now be required to register with the tax department and obtain PAN.

The Finance Bill 2009 specifies that PAN must be quoted in all applications that non-residents make with the department for obtaining certificates under Section 197 of the Income-Tax Act.

“The proposed change will ensure greater tax compliance and bring in more regular taxpayers for the tax department.

“However, it may pose some hardship for non-residents”, Ms Neeru Ahuja, Tax Partner, Deloitte Haskins & Sells, told Business Line. The proposed change will impact all sectors including the road transport sector. Meanwhile, the All-India Motor Transport Congress (AIMTC) has sought an extension of the date for differential treatment between the complying and non-complying truckers to September 1, 2010.

Truckers’ take

“Several truckers are illiterates….We need some time to make them aware of the provisions,” said Mr J.M. Saxena, Director, AIMTC, while welcoming the move. He added that AIMTC has already written to the Finance Minister for extending the date to September 1, 2010.

According to Mr S.P. Singh, Fellow, Indian Foundation of Transport Research and Training, “Government should make it mandatory to put the PAN details of the vehicle owner on the registration certificate.”

Onus on service user

The idea is to put the onus of having the PAN details of the truck owner on the service user – which could be a goods booking agent, freight forwarder, larger transport company or even an end user – who deducts the tax and deposits it with the Government. In case the PAN details are quoted, the service tax will be lower.

“The rate of TDS will be 20 per cent in all cases if PAN is not quoted by the deductee with effect from April 1, 2010,” according to the explanation of the Finance Bill.

Guest (Guest)     11 July 2009

 Service Tax Highlights

SERVICE TAX

  • Service Tax to be imposed on the following services:

    i) Service provided in relation to transport of goods by rail.

    ii) Service provided in relation to transport of coastal cargo; and goods through inland water including National Waterways.

    iii) Advice, consultancy or technical assistance provided in the field of law (this tax would not be applicable in case the service provider or service receiver is an individual).

    iv) Cosmetic and plastic surgery service
  • Exemption from service tax being provided to inter-State or intra-State transportation of passengers in a vehicle bearing Contract Carriage Permit with specified conditions.
  • Exemption from service tax (leviable under Banking and other financial services or under Foreign exchange broking service) being provided to inter-bank purchase and sale of foreign currency between scheduled banks.
  • Two taxable services, namely, Transport of goods through road and Commission paid to foreign agents to be exempted from the levy of service tax, if the exporter is liable to pay service tax on reverse charge basis. However, present cap of 10% on commission agency charges is retained. Thus there would be no need for the exporter to first pay the tax and later claim refund in respect of these services. For other services received by exporters, service tax exemption to be operated through the existing refund mechanism based on self-certification of the documents where such refund is below 0.25 per cent of FOB value, and certification of documents by a Chartered Accountant for value of refund exceeding the above limit.
  • Export Promotion Councils and the Federation of Indian Export Organizations (FIEO) to be exempt from service tax on the membership and other fees collected by them till 31st March 2010.

Guest (Guest)     11 July 2009

 Excise Highlight

CENTRAL EXCISE

  • Excise duty rate on items currently attracting 4% to be raised to 8% with following major exceptions:

    i) Specified food items including biscuits, sharbats, cakes and pastries.

    ii) Drugs and pharmaceutical products falling under Chapter 30. iii) Medical equipment.

    iv) Certain varieties of paper, paperboard and articles thereof. v) Paraxylene.

    vi) Power driven pumps for handling water.

    vii) Footwear of RSP exceeding Rs.250 but not exceeding Rs.750 per pair.

    viii) Pressure cookers.

    ix) Vacuum and gas filled bulbs of RSP not exceeding Rs.20 per bulb.

    x) Compact Fluorescent Lamps.

    xi) Cars for physically handicapped.
  • Specific component of excise duty applicable to large cars/utility vehicles of engine capacity 2000 cc and above to be reduced from Rs. 20,000/- per vehicle to Rs.15,000 per vehicle.
  • Excise duty on petrol driven trucks/lorries to be reduced from 20% to 8% Excise duty on chassis of such trucks/lorries to be reduced from 20% + Rs.10000 to 8% + Rs.10000.
  • Excise duty on Special Boiling Point spirits to be reduced to 14%.
  •  
  • Excise duty on naphtha to be reduced to 14%.
  • Duty paid High Speed Diesel blended with upto 20% bio-diesel to be fully exempted from excise duties.
  • The ad valorem component of excise duty of 6% on petrol intended for sale with a brand name to be converted into a specific rate Consequently, such petrol would now attract total excise duty of Rs.14.50 per litre instead of 6% + Rs.13 per litre.
  • The ad valorem component of excise duty of 6% on diesel intended for sale with a brand name to be converted into a specific rate Consequently, such diesel would now attract total excise duty of Rs.4.75 per litre instead of 6% + Rs.3.25 per litre.
  • Excise duty on manmade fibre and yarn to be increased from 4% to 8%.
  • Excise duty on PTA and DMT to be increased from 4% to 8%.
  • Excise duty on polyester chips to be increased from 4% to 8%.
  • Excise duty on acrylonitrile to be increased from 4% to 8%.
  • The scheme of optional excise duty of 4% for pure cotton to be restored.
  • Excise duty for man-made and natural fibres other than pure cotton, beyond the fibre and yarn stage, to be increased from 4% to 8% under the existing optional scheme.
  • An optional excise duty exemption to be provided to tops of manmade fibre manufactured from duty paid tow at par with tops manufactured from duty paid staple fibre.
  • Suitable adjustments to be made in the rates of duty applicable to DTA clearances of textile goods made by Export Oriented Units using indigenous raw materials/inputs for manufacture of such goods.
  • Full exemption from excise duty to be provided on goods of Chapter 68 of Central Excise Tariff manufactured at the site of construction for use in construction work at such site.
  • Excise duty exemption on recorded smart cards and recorded proximity cards and tags to be made optional. Manufacturers have the option to pay the applicable excise duty and avail the credit of duty paid on inputs.
  • EVA compound manufactured on job work for further use in manufacture of footwear to be exempted from excise duty
  • Benefit of SSI exemption scheme to be extended to printed laminated rolls bearing the brand name of others by excluding this item from the purview of the brand name restriction.
  • On packaged or canned software, excise duty exemption to be provided on the portion of the value which represents the consideration for transfer of the right to use such software, subject to specified conditions.
  • Excise duty on branded articles of jewellery to be reduced from 2% to Nil.

Guest (Guest)     11 July 2009

 Customs Highlights

CUSTOMS DUTY

REDUCED

  • On 10 specified life saving drugs/vaccine and their bulk drugs from 10% to 5% with Nil CVD (by way of excise duty exemption).
  • On specified heart devices, namely artificial heart and PDA/ASD occlusion device, from 7.5% to 5% with Nil CVD (by way of excise duty exemption).
  • On permanent magnets for PM synchronous generator above 500 KW used in wind operated electricity generators from 7.5% to 5%.
  • On bio-diesel from 7.5% to 2.5%.
  • On mechanical harvester for coffee plantation from 7.5% to 5%. CVD on such harvesters has also been reduced from 8% to nil, by way of excise duty exemption.
  • On cotton waste from 15% to 10%.
  • On wool waste from 15% to 10%.
  • On rock phosphate from 5% to 2%.
  • For manufacturing LCD Panels LCD televisions from10% to 5%.
  • On un-worked corals from 5% to Nil.

OTHERS

  • Customs duty of 5% to be imposed on Set Top Box for television broadcasting.
  • Customs duty on serially numbered gold bars (other than tola bars) and gold coins to be increased from Rs.100 per 10 gram to Rs.200 per 10 gram. Customs duty on other forms of gold to be increased from Rs.250 per 10 gram to Rs.500 per 10 gram. Customs duty on silver to be increased from Rs.500 per Kg. to Rs.1000 per Kg. These increases also to be applicable when gold and silver (including ornaments) are imported as personal baggage.
  • Full exemption from 4% special CVD on parts for manufacture of mobile phones and accessories to be reintroduced for one year.
  • List of specified raw materials/inputs imported by manufacturer-exporters of sports goods which are exempt from customs duty, subject to specified conditions, to be expanded by including five additional items.
  • List of specified raw materials and equipment imported by manufacturer-exporters of leather goods, textile products and footwear industry which are fully exempt from customs duty, subject to specified conditions, to be expanded.
  • Concessional customs duty of 5% on specified machinery for tea, coffee and rubber plantations to be reintroduced for one year, upto 06.07.2010.
  • Customs duty on serially numbered gold bars (other than tola bars) and gold coins to be increased from Rs.100 per 10 gram to Rs.200 per 10 gram. Customs duty on other forms of gold to be increased from Rs.250 per 10 gram to Rs.500 per 10 gram. Customs duty on silver to be increased from Rs.500 per Kg. to Rs.1000 per Kg. These increases also to be applicable when gold and silver (including ornaments) are imported as personal baggage.
  • CVD exemption on Aerial Passenger Ropeway Projects to be withdrawn. Such projects will now attract applicable CVD.
  • Customs duty exemption on concrete batching plants of capacity 50 cum per hour or more to be withdrawn. Such plants will now attract customs duty of 7.5%.
  • On packaged or canned software, CVD exemption to be provided on the portion of the value which represents the consideration for transfer of the right to use such software, subject to specified conditions.
  • Customs duty on inflatable rafts, snow-skis, water skis, surf-boats, sail-boards and other water sports equipment to be fully exempted.

Guest (Guest)     11 July 2009

 key to Budget

KEY TO BUDGET DOCUMENTS

BUDGET 2009-2010

 

1. The Budget documents presented to Parliament comprise, besides the Finance Minister''''s Budget Speech, of the following:

A. Annual Financial Statement (AFS)

B. Demand for Grants (DG)

C. Appropriation Bill

D. Finance Bill

E. Memorandum Explaining the Provisions in the Finance Bill, 2009

F. Macro-economic framework for the relevant financial year

G. Fiscal Policy Strategy Statement for the financial year

H. Medium Term Fiscal Policy Statement

I. Expenditure Budget Volume -1

J. Expenditure Budget Volume -2

K. Receipts Budget

L. Budget at a glance

M. Highlights of Budget

The documents shown from Serial A, B, C and D are mandated by Art. 112, 113, 114(3) and 110(a) of the Constitution of India respectively while the documents at Serial F, G and H are presented as per the provisions of the Fiscal Responsibility and Budget Management Act 2003. Other documents are in the nature of explanatory statements supporting the mandated documents with narrative or other content in a user friendly format suited for quick or contextual references. Hindi version of all these documents is also presented to Parliament. with hyperlinks, intended to make surfing more efficient.

2. In addition to the above, individual Departments/Ministries also prepare and present to Parliament their Detailed Demands for Grants, Performance and Outcome Budget, and their Annual Reports. The Economic Survey which highlights the economic trends in the country and facilitates a better appreciation of the mobilization of resources and their allocation in the Budget is brought out by the Economic Division of Department of Economic Affairs, Ministry of Finance. The Economic Survey is presented to Parliament usually in advance of the Union Budget. The web versions of these documents are normally posted by the respective ministries/departments on their web sites.

3.1   A brief description of the Budget documents listed in para 1 is given below.

      3. (A) Annual Financial Statement (AFS), the core budget document, shows estimated receipts and disbursements by the Government of India for 2009-10 in relation to estimates for 2008-09 as also expenditure for the year 2007-08. The receipts and disbursements are shown under the three parts, in which Government Accounts are kept viz.,(i)Consolidated Fund, (ii)Contingency Fund and (iii) Public Account. Under the Constitution, Annual Financial Statement distinguishes expenditure on revenue account from other expenditure. Government Budget, therefore, comprises Revenue Budget and Capital Budget. The estimates of expenditure included in the Annual Financial Statement are for the net expenditure, i.e., after taking into account the recoveries, as will be reflected in the accounts.

      The significance of the Consolidated Fund, the Contingency Fund and the Public Account as well as the distinguishing features of Revenue and Capital Budget are given briefly below.

(i)    The existence of the Consolidated Fund of India (CFI) flows from Article 266 of the Constitution. All revenues received by Government, loans raised by it, and also its receipts from recoveries of loans granted by it form the Consolidated Fund. All expenditure of Government is incurred from the Consolidated Fund of India and no amount can be drawn from the Consolidated Fund without authorisation from Parliament.

(ii)    Article 267 of the Constitution authorises the Contingency Fund which is an imprest placed at the disposal of the President of India facilitate Government to meet urgent unforeseen expenditure pending authorization from Parliament. Parliamentary approval for such unforeseen expenditure is obtained, post-facto, and an equivalent amount is drawn from the Consolidated Fund to recoup the Contingency Fund. The corpus of the Contingency Fund as authorized by Parliament presently stands at Rs.500 crore.

(iii)   Moneys held by Government in Trust as in the case of Provident Funds, Small Savings collections, income of Government set apart for expenditure on specific objects like road development, primary education, Reserve/Special Funds etc. are kept in the Public Account. Public Account funds do not belong to Government and have to be finally paid back to the persons and authorities who deposited them. Parliamentary authorisation for such payments is, therefore, not required, except where amounts are withdrawn from the Consolidated Fund with the approval of Parliament and kept in the Public Account for expenditure on specific objects, in which case, the actual expenditure on the specific object is again submitted for vote of Parliament for drawl from the Public Account for incurring expenditure on the specific object.

(iv) Revenue Budget consists of the revenue receipts of Government (tax revenues and other revenues) and the expenditure met from these revenues. Tax revenues comprise proceeds of taxes and other duties levied by the Union . The estimates of revenue receipts shown in the Annual Financial Statement take into account the effect of various taxation proposals made in the Finance Bill. Other receipts of Government mainly consist of interest and dividend on investments made by Government, fees, and other receipts for services rendered by Government. Revenue expenditure is for the normal running of Government departments and various services, interest payments on debt, subsidies, etc. Broadly the expenditure which does not result in creation of assets for Government of India is treated as revenue expenditure. All grants given to State Governments/Union Territories and other parties are also treated as revenue expenditure even though some of the grants may be used for creation of assets.

(v)   Capital Budget consists of capital receipts and capital payments. The capital receipts are loans raised by Government from public, called market loans, borrowings by Government from Reserve Bank and other parties through sale of Treasury Bills, loans received from foreign Governments and bodies, and recoveries of loans from State and Union Territory Governments and other parties. Capital payments consist of capital expenditure on acquisition of assets like land, buildings, machinery, equipment, as also investments in shares, etc., and loans and advances granted by Central Government to State and Union Territory Governments, Government companies, Corporations and other parties. Capital Budget also incorporates transactions in the Public Account.

(vi) Accounting Classification

     The estimates of receipts and disbursements in the Annual Financial Statement and of expenditure in the Demands for Grants are shown according to the accounting classification prescribed under Article 150 of the Constitution, which enables Parliament and the public to make a meaningful analysis of allocation of resources and purposes of Government expenditures.

     The Annual Financial Statement shows separately, certain disbursements as charged on the Consolidated Fund of India, where the Constitution mandates such items of expenditure, like emoluments of the President, salaries and allowances of the Chairman and the Deputy Chairman of the Rajya Sabha and the Speaker and the Deputy Speaker of the Lok Sabha, salaries, allowances and pensions of Judges of the Supreme Court, Comptroller and Auditor-General of India and the Central Vigilance Commission, interest on and repayment of loans raised by Government and payments made to satisfy decrees of courts etc. These items of expenditure are charged on the Consolidated Fund of India and are not required to be voted by the Lok Sabha.

      3. (B) Demands for Grants

(i)    Article 113 of the Constitution mandates that the estimates of expenditure from the Consolidated Fund of India included in the Annual Financial Statement and required to be voted by the Lok Sabha are submitted in the form of Demands for Grants. The Demands for Grants are presented to the Lok Sabha along with the Annual Financial Statement. Generally, one Demand for Grant is presented in respect of each Ministry or Department. However, in respect of large Ministries or Departments more than one Demand is presented. In regard to UnionTerritories without Legislature, a separate Demand is presented for each of the Union Territories . In budget 2009-10 there are 105 Demands for Grants. Each Demand first gives the totals of ''''voted'''' and ''''charged'''' expenditure as also the ''''revenue'''' and ''''capital'''' expenditure included in the Demand separately and also the grand total of the amount of expenditure for which the Demand is presented. This is followed by the estimates of expenditure under different major heads of account. The breakup of the expenditure under each major head between ''''Plan'''' and ''''Non-Plan'''' is also given. The amounts of recoveries taken in reduction of expenditure in the accounts are also shown. A summary of Demands for Grants is given at the beginning of this document, while details of ''''New Service'''' or ''''New Instrument of Service'''' such as formation of a new company, undertaking or a new scheme, etc., if any, are indicated at the end of the document.

(ii)    Each Demand normally includes the total provisions required for a service, that is, provisions on account of revenue expenditure, capital expenditure, grants to State and Union Territory Governments and also loans and advances relating to the service. Where the provision for a service is entirely for expenditure charged on the Consolidated Fund of India, for example, interest payments (Demand for Grant No. 34), a separate Appropriation, as distinct from a Demand, is presented for that expenditure and it is not required to be voted by Lok Sabha. Where, however, expenditure on a service includes both ''''voted'''' and ''''charged'''' items of expenditure, the latter are also included in the Demand presented for that service but the ''''voted'''' and ''''charged'''' provisions are shown separately in that Demand.

      3. (C) Appropriation Bill

      After the Demands for Grants are voted by the Lok Sabha, Parliament''''s approval to the withdrawal from the Consolidated Fund of the amounts so voted and of the amount required to meet the expenditure charged on the Consolidated Fund is sought through the Appropriation Bill. Under Article 114(3) of the Constitution, no amount can be withdrawn from the Consolidated Fund without the enactment of such a law by Parliament.

      The whole process beginning with the presentation of the Budget and ending with discussions and voting on the Demands for Grants requires sufficiently long time. The Lok Sabha is, therefore, empowered by the Constitution to make any grant in advance in respect of the estimated expenditure for a part of the financial year pending completion of procedure for the voting of the Demands. The purpose of the ''''Vote on Account'''' is to keep Government functioning, pending voting of ''''final supply''''. The Vote on Account is obtained from Parliament through an Appropriation (Vote on Account) Bill.

      3. (D) Finance Bill

      At the time of presentation of the Annual Financial Statement before Parliament, a Finance Bill is also presented in fulfillment of the requirement of Article 110 (1)(a) of the Constitution, detailing the imposition, abolition, remission, alteration or regulation of taxes proposed in the Budget. A Finance Bill is a Money Bill as defined in Article 110 of the Constitution. It is accompanied by a Memorandum explaining the provisions included in it.

      3. (E) Memorandum Explaining the Provisions in the Finance Bill

      To facilitate understanding of the taxation proposals contained in the Finance Bill, the provisions and their implications are explained in the document titled Memorandum Explaining the Provisions of the Finance Bill.

      3. (F) Macro-economic Framework Statement

      The Macro-economic Framework Statement, presented to Parliament under Section 3(5) of the Fiscal Responsibility and Budget Management Act and the rules made thereunder contains an assessment of the growth prospects of the economy with specific underlying assumptions. It contains assessment regarding the GDP growth rate, fiscal balance of the Central Government and the external sector balance of the economy.

      3. (G) Fiscal Policy Strategy Statement

      The Fiscal Policy Strategy Statement, presented to Parliament under Section 3(4) of the Fiscal Responsibility and Budget Management Act, outlines the strategic priorities of Government in the fiscal area for the ensuing financial year relating to taxation, expenditure, lending and investments, administered pricing, borrowings and guarantees. The Statement explains how the current policies are in conformity with sound fiscal management principles and gives the rationale for any major deviation in key fiscal measures.

      3. (H) Medium-term Fiscal Policy Statement

      The Medium-term Fiscal Policy Statement, presented to Parliament under Section 3(2) of the Fiscal Responsibility and Budget Management Act 2003, sets out three-year rolling targets for four specific fiscal indicators in relation toGDP at market prices namely (i) Revenue Deficit, (ii) Fiscal Deficit, (iii) Tax toGDP ratio and (iv) Total out-standing Debt at the end of the year. The Statement includes the underlying assumptions, an assessment of sustainability relating to balance between revenue receipts and revenue expenditure and the use of capital receipts including market borrowings for generation of productive assets.

      3.2   To facilitate a more comprehensive understanding of the major features of the Budget, certain other explanatory documents are presented. These are briefly summarized below.

      3. (I) Expenditure Budget Volume-1

(i)    This document deals with revenue and capital disbursements of various Ministries/Departments and gives the estimates in respect of each under ''''Plan'''' and ''''Non-Plan''''. It also gives analysis of various types of expenditure and broad reasons for the variations in estimates.

(ii)    Under the present accounting and budgetary procedures, certain classes of receipts, like payments made by one department to another and receipts of capital projects or schemes, are taken in reduction of the expenditure of the receiving department. The estimates of expenditure included in the Demands for Grants are for the gross amounts. While the estimates of expenditure included in the Annual Financial Statement are for the net expenditure, after taking into account the recoveries. The document Expenditure Budget makes certain other refinements like netting expenditure of related receipts so that inflation of receipts and expenditure figures are avoided and there can be a better appreciation of the magnitudes of various expenditure. Contributions to International bodiesand estimated strength of establishment of various Government Departments and provision there forare shown in separate annexes. A statement each showing (i) Plan grants and loans released by Ministries/Departments directly to State and district level autonomous bodies, under various Central and Centrally Sponsored Plan schemes, (ii) Gender Budgeting and (iii) Schemes for development of Scheduled Castes and Scheduled Tribes are also included in this document.

      (iii)  Plan Outlay

        Plan expenditure forms a sizeable proportion of the total expenditure of the Central Government. The Demands for Grants of the various Ministries show the Plan expenditure under each head separately from the Non-Plan expenditure. The Expenditure Budget Vol. 1 also gives the total Plan provisions for each of the Ministries arranged under the various heads of development and highlights the budget provisions for the more important Plan programmes and schemes. A description of important schemes included in the Plan along with the objectives, targets and achievements is given in the Outcome Budget of the respective Ministry. Variations in the estimates of Plan expenditure are also explained.

      (iv) Public Sector Enterprises

        A large part of the Plan expenditure incurred by the Central Government is through public sector enterprises. Budgetary support for financing outlays of these enterprises is provided by Government either through investment in share capital or through loans. Expenditure Budget Vol. 1 shows the estimates of capital and loan disbursements to public sector enterprises in 2008-2009 and 2009-2010 for Plan and Non-Plan purposes and also the extra budgetary resources available for financing their Plans. A detailed report on the working of public sector enterprises is given in the document titled ''''Public Enterprises Survey'''' brought out separately by the Department of Public Enterprises. A report on the working of the enterprises under the control of the various administrative Ministries is also given in the Annual Reports of the various Ministries circulated to Members of Parliament separately. The annual reports along with the audited accounts of each of the Government companies are also separately laid before Parliament. Besides, the reports of the Comptroller and Auditor General of Indiaon the working of various public sector enterprises are also laid before Parliament.

      (v)   Commercial Departments

        Railways is the principal departmentally-run commercial undertaking of Government. The Budget of the Ministry of Railways and the Demands for Grants relating to Railway expenditure are presented to Parliament separately. The total receipts and expenditure of the Railways are, however, incorporated in the Annual Financial Statement of the Government of India. To portray the actual working and not inflate either receipts or expenditure, the expenditure as reflected in the Receipts Budget & Expenditure Budget Vol. 1 and Vol. 2 has been taken net of receipts. The Demands for Grants of the Department of Telecommunications, are presented along with other Demands of the Central Government.

(vi) The receipts and expenditure of the Defence Department shown in the Annual Financial Statement, are explained in greater detail in the document Defence Services Estimates presented along with the Detailed Demands for Grants of the Ministry of Defence.

(vii) The details of grants given to bodies other than State and Union Territory Governments are given in the statements of Grants-in-aid paid to non-Government bodies appended to Detailed Demands for Grants of the various Ministries. Annexure 5 to Expenditure Budget Vol.1 shows details of grants-in-aid exceeding Rs.5 lakhs (recurring) or Rs.10 lakhs (non-recurring) to private institutions, organizations and individuals sanctioned during the year 2007-08.

      3. (J) Expenditure Budget Volume-2

      The provisions made for a scheme or a programme may spread over a number of Major Heads in the Revenue and Capital sections in a Demand for Grants. In the Expenditure Budget Vol. 2, the estimates made for a scheme/programme are brought together and shown on a net basis at one place, by Major Heads. To understand the objectives underlying the expenditure proposed for various schemes and programmes in the Demands for Grants, suitable explanatory notes are included in this volume in which, wherever necessary, brief reasons for variations between the Budget estimates and revised estimates for the current year and requirements for the ensuing Budget year are also given.

      3. (K) Receipts Budget

      Estimates of receipts included in the Annual Financial Statement are further analysed in the document "Receipts Budget". The document provides details of tax and non-tax revenue receipts and capital receipts and explains the estimates. The document also provides the arrears of tax revenues and non-tax revenues, as mandated under the Fiscal Responsibility and Budget Management Rules, 2004. Trend of receipts and expenditure along with deficit indicators, statement pertaining to National Small Savings Fund (NSSF), statement of revenues foregone, statement of liabilities, statement of guarantees given by the government, statements of assets and details of external assistance are also included in Receipts Budget.

      3. (L) Budget at a Glance

(i)    This document shows in brief, receipts and disbursements along with broad details of tax revenues and other receipts. This document also exhibits broad break-up of expenditure - Plan and Non-Plan, allocation of Plan outlays by sectors as well as by Ministries/Departments and details of resources transferred by the Central Government to State and Union Territory Governments. This document also shows the revenue deficit, the gross primary deficit and the gross fiscal deficit of the Central Government. The excess of Government''''s revenue expenditure over revenue receipts constitutes revenue deficit of Government. Government mainly borrows through issue of dated securities, i.e. market borrowings. Apart from this, Government also borrows funds under many schemes which form part of capital receipts. The difference between the total expenditure of Government by way of revenue, capital and loans net of repayments on the one hand and revenue receipts of Government and capital receipts which are not in the nature of borrowing but which finally accrue to Government on the other, constitutes gross fiscal deficit. Gross primary deficit is measured by gross fiscal deficit reduced by gross interest payments. In the Budget documents ''''gross fiscal deficit'''' and ''''gross primary deficit'''' have been referred to in abbreviated form ''''fiscal deficit'''' and ''''primary deficit'''', respectively. This document also shows liabilities of the Government on account of securities (bonds) issued in lieu of oil and fertilizer subsidies.

(ii)    The document also includes a statement indicating the quantum and nature (share in Central Taxes, grants/loan) of the total Resources transferred to States and Union Territory Governments. Details of these transfers by way of share of taxes, grants-in-aid and loans are given in Expenditure Budget Volume.1. Bulk of grants and loans are disbursed by the Ministry of Finance and are included in the Demand ''''Transfers to State and Union Territory Governments''''. The grants and loans released to States and Union Territories by other Ministries/Departments are provided for in their respective Demands.

      3. (M)Highlights of Budget

      This document explains the key features of the Budget 2009-10, inter alia, indicating the prominent achievements in various sectors of the economy. It also explains, in brief, the budget proposals for allocation of funds to be made in important areas. The summary of tax proposals is also reflected in the document.

      3. (N) Detailed Demands for Grants

      The Detailed Demands for Grants are laid on the table of the Lok Sabha sometime after the presentation of the Budget, but before the discussion on Demands for Grants commences. Detailed Demands for Grants further elaborate the provisions included in the Demands for Grants as also actual expenditure during the previous year. A break-up of the estimates relating to each programme/organisation, wherever the amount involved is not less than Rs.10 lakhs, is given under a number of object heads which indicate the categories and nature of expenditure incurred on that programme, like salaries, wages, travel expenses, machinery and equipment, grants-in-aid, etc. At the end of these Detailed Demands are shown the details of recoveries taken in reduction of expenditure in the accounts.

      3. (O) Outcome Budget

(i)    With effect from Financial Year 2007-08, the Performance Budget and the Outcome Budget hitherto presented to Parliament separately by Ministries/Departments, are merged and presented as a single document titled "Outcome Budget" by each Ministry/Department in respect of all Demands/Appropriations controlled by them, except those exempted from this requirement. Outcome Budget broadly indicates physical dimensions of the financial budget of a Ministry/Department, indicating actual physical performance in the preceding year (2007-2008), performance in the first nine months (up to December) of the current year (2008-2009) and the targeted performance during the ensuing year (2009-2010).

(ii)    Outcome Budget contains a brief introductory note on the organization and function of the Ministry/Department, list of major programmes/schemes implemented by the Ministry/Department, its mandate, goal and policy framework, budget estimates, scheme-wise analysis of physical performance and linkage between financial outlays and outcome, review covering overall trends in expenditure vis-a-vis budget estimates in recent years, review of performance of statutory and autonomous bodies under the administrative control of the Ministry/Department, reform measures, targets and achievements and plan for future refinements.

(iii)   As far as feasible, coverage of women and SC/ST beneficiaries under various developmental schemes and schemes for the benefit of North Eastern Region are also separately indicated.

      3. (P) Annual Reports

      A descriptive account of the activities of each Ministry/Department during the year 2008-2009 is given in the document Annual Report which is brought out separately by each Ministry/Department and circulated to Members of Parliament at the time of discussion on the Demands for Grants.

      3. (Q) Economic Survey

      The Economic Survey brings out the economic trends in the country, which facilitates a better appreciation of the mobilisation of resources and their allocation in the Budget. The Survey analyses the trends in agricultural and industrial production, infrastructure, employment, money supply, prices, imports, exports, foreign exchange reserves and other relevant economic factors which have a bearing on the Budget, and is presented to the Parliament ahead of the Budget for the ensuing year.

            The Budget of the Central Government is not merely a statement of receipts and expenditure. Since Independence , with the launching of Five Year Plans, it has also become a significant statement of governmental policy. The Budget reflects and shapes, and is, in turn, shaped by the country''''s economic life. For a better appreciation of the impact of governmental receipts and expenditure on the other sectors of the economy, it is necessary to group them in terms of economic magnitudes, for example, how much is set aside for capital formation, how much is spent directly by the Government and how much is transferred by Government to other sectors of the economy by way of grants, loans, etc. This analysis is contained in the document Economic and Functional Classification of the Central Government Budget which is brought out by the Ministry of Finance separately.

Guest (Guest)     11 July 2009

 1

https://indiabudget.nic.in
Government of India
“Democracy is the art and science of mobilizing the
entire physical, economic and spiritual resources of various
sections of the people in the service of the common good of
all.”
Mahatma Gandhi
BUDGET 2009-10
July 6, 2009
2
https://indiabudget.nic.in
Key Features of Budget 2009-2010
CHALLENGES
! to lead economy to high GDP growth rate of 9 per cent per annum at the earliest
! to deepen and broaden the agenda for inclusive development
! to improve delivery mechanisms of the government.
OVERVIEW OF THE ECONOMY
! Growth rate of Gross Domestic Product dipped from an average of over 9 per cent
in the previous three fiscal years to 6.7 per cent during 2008-09.
! Whole sale price index rose to nearly 13 per cent in August, 2008 and had an
equally sharp fall to zero per cent in March, 2009.
! The structure of India’s economy changed over the last ten years with contribution
of the services sector to GDP at well over 50 per cent and share of merchandise
trade doubling to 38.9 per cent of GDP in 2008-09.
! Recognising economic recovery and growth as co-operative effort of the Central
and State Governments, meeting with Finance Ministers of States held as part of
preparation of the Budget. This is intended to become an annual feature.
TOWARDS ECONOMIC REVIVAL
Short-term Measures
! To counter the negative fallout of the global slowdown on the Indian economy,
Government responded by providing three focused fiscal stimulus packages in the
form of tax relief and increased expenditure on public projects along with RBI
taking a number of monetary easing and liquidity enhancing measures.
! Fiscal accommodation led to an increase in fiscal deficit from 2.7 per cent in
2007-08 to 6.2 per cent of GDP in 2008-09.
! The fiscal stimulus at 3.5 per cent of GDP at current market prices for 2008-09
amounts to Rs.1,86,000 crore.
! Measures taken by the Government were effective in arresting the fall in GDP
growth rate in 2008-09. 6.7 per cent growth rate recorded in 2008-09.
Infrastructure Development
! IIFCL to evolve a Takeout financing scheme in consultation with banks to facilitate
incremental lending to infrastructure sector.
3
https://indiabudget.nic.in
! IIFCL to refinance 60 per cent of commercial bank loans for PPP projects in critical
sectors over the next fifteen to eighteen months. IIFCL and Banks are now in a
position to support projects involving total investment of Rs.1,00,000 crore.
Highway and Railways
! Allocation to National Highways Authority of India (NHAI) for the National
Highway Development Programme (NHDP) increased by 23 per cent over
B.E. 2008-09 in B.E. 2009-10 and allocation for Railways increased from Rs.10,800
crore in Interim B.E. 2009-10 to Rs.15,800 crore in B.E. 2009-10.
Urban Infrastructure
! Allocation under Jawaharlal Nehru National Urban Renewal Mission (JNNURM)
stepped up by 87 per cent to Rs.12,887 crore in B.E. 2009-10 over B.E. 2008-09.
Allocation for housing and provision of basic amenities to urban poor enhanced to
Rs.3,973 crore in B.E. 2009-10. This includes provision for Rajiv Awas Yojana
(RAY), a new scheme announced.
Brihan Mumbai Storm Water Drainage Project (BRIMSTOWA)
! Provision for the project BRIMSTOWA initiated in 2007 and funded through Central
Assistance to address the problem of flooding in Mumbai, enhanced from Rs.200
crore in Interim B.E. 2009-10 to Rs.500 crore in B.E. 2009-10 to expedite
completion of the project.
Power
! Allocation under Accelerated Power Development and Reform Programme
(APDRP) increased by 160 per cent to Rs.2,080 crore in B.E. 2009-10 over
B.E. 2008-09.
Gas
! Blueprint to be developed for long distance gas pipelines leading to a National Gas
Grid to facilitate transportation of gas across the length and breadth of the country.
Assam Gas Cracker Project
! Outlay for Assam Gas Cracker Project stepped up suitably in B.E. 2009-10.
AGRICULTURE DEVELOPMENT
! Target for agriculture credit flow set at Rs.3,25,000 crore for the year 2009-10.
In 2008-09 agriculture credit flow was at Rs.2,87,000 crore.
! Interest subvention scheme for short term crop loans up to Rs.3 lakh per farmer at
the interest rate of 7 per cent per annum to be continued. Additional subvention of
1 per cent to be paid from this year, as incentive to those farmers who repay short
term crop loans on schedule. Additional allocation of Rs.411 crore over Interim
B.E. 2009-10 made for this.
Debt Relief for Farmers
! Time given to the farmers having more than two hectares of land to pay 75 per cent
of their overdues under Debt Waiver and Debt Relief Scheme extended from 30th
June, 2009 to 31st December, 2009.
4
https://indiabudget.nic.in
! Taskforce to be set up to examine the issue of debt taken by a large number of
farmers in some regions of Maharashtra from private money lenders who were not
covered by the loan waiver scheme announced last year.
Accelerated Irrigation Benefit Programme
! Allocation under Accelerated Irrigation Benefit Programme (AIBP) increased by
75 per cent over B.E. 2008-09.
! Allocation under Rashtriya Krishi Vikas Yojana (RKVY) stepped up by 30 per
cent in B.E. 2009-10 over B.E. 2008-09.
RESTORING EXPORT GROWTH
! Adjustment assistance scheme to provide enhanced Export Credit and Guarantee
Corporation (ECGC) cover at 95 per cent to badly hit sectors extended upto
March 2010.
! Allocation for Market Development Assistance Scheme enhanced to Rs.124 crore
in B.E. 2009-10.
! Interest subvention of 2 per cent on pre-shipment credit for seven employment
oriented export sectors extended beyond the current deadline of September 30,
2009 to March 31, 2010.
! To facilitate flow of credit at reasonable rates, Rs.4,000 crore provided as special
fund out of Rural Infrastructure Development Fund (RIDF) to Small Industries
Development Bank of India (SIDBI). This will incentivise Banks and State Finance
Corporations (SFCs) to lend to Micro and Small Enterprises (MSEs) by refinancing
50 per cent of incremental lending to MSEs during the current financial year.
! Stimulus package for print media comprising waiver of 15 per cent agency
commission on DAVP advertisements and 10 per cent increase in DAVP rates to be
paid as a special relief subject to documentary proof of loss of revenue in nongovernmental
advertisements, extended from 30th June, 2009 to 31st December, 2009.
MEDIUM-TERM SUSTAINABILITY
! To bring the fiscal deficit under control, institutional reform measures to be initiated
during the current year itself.
Fertilizer Subsidy
! To ensure balanced application of fertilizers for increasing agricultural productivity,
Government intends to move towards a nutrient based subsidy regime so as to
cover larger basket of fertilizers with innovative fertilizer products available in the
market at reasonable prices.
! It is intended to move to a system of direct transfer of subsidy to the farmers in due
course.
5
https://indiabudget.nic.in
Petroleum and Diesel pricing Policy
! With almost three quarters of our oil consumption met through imports, it is
important to recognise that domestic prices of petrol and diesel are broadly in sync
with global prices. Government to set up an expert group to advise on a viable and
sustainable system of pricing petroleum products.
Taxation
! SARAL – II forms to be introduced early.
People’s ownership of PSUs
! While retaining at least 51 per cent Government equity in Public Sector
Undertakings, people’s participation in disinvestment programmes to be encouraged.
! Public Sector Enterprises such as banks and insurance companies to remain in
public sector and will be given full support including capital infusion to grow and
remain competitive.
Financial Sector
! The threshold for non-promoter public shareholding for all listed companies to be
raised in a phased manner.
! Scheduled commercial banks allowed to set up off-site ATMs without prior approval
subject to reporting.
! A sub-committee of State Level Bankers Committee (SLBC) to identify and
formulate an action plan for providing banking facilities in under-banked/unbanked
areas in the next three years. Rs.100 crore set aside as one-time grant in-aid to
ensure provision of at least one centre/Point of Sales (POS) for banking services in
each of the unbanked blocks.
! Government has established Competition Commission of India, an autonomous
regulatory body. An Appellate body headed by a retired judge of Supreme Court
also constituted.
TOWARDS INCLUSIVE DEVELOPMENT
National Rural Employment Guarantee Scheme (NREGS)
! Allocation under NREGS increased by 144 per cent to Rs.39,100 crore in
B.E. 2009-10 over B.E. 2008-09.
! To increase productivity of assets and resources under NREGA, convergence with
other schemes relating to agriculture, forests, water resources, land resources, rural
roads initiated. In the first stage 115 pilot districts selected for convergence.
National Food Security Act
! National Food Security Act to be brought in to ensure entitlement of 25 kilo of rice
or wheat per month at Rs.3 per kilo to every family living below the poverty line in
rural or urban areas. Food Security Bill to be put on the website of the Department
of Food and Public Distribution for public debate.
6
https://indiabudget.nic.in
Bharat Nirman
! Allocation for Bharat Nirman increased by 45 per cent in 2009-10 over
B.E. 2008-09. Allocations under Pradhan Mantri Gram Sadak Yojana (PMGSY)
increased by 59 per cent over B.E. 2008-09 to Rs.12,000 crore in B.E. 2009-10.
Under Rajiv Gandhi Grameen Vidyutikaran Yojana (RGGVY), allocation increased
by 27 per cent to Rs.7,000 crore.
! Allocation under Indira Awaas Yojana (IAY) increased by 63 per cent to Rs.8,800
crore in B.E. 2009-10. Allocation of Rs.2,000 crore made for Rural Housing Fund
(RHF) in National Housing Bank (NHB) to boost the resource base of NHB for
refinance operations in rural housing sector.
Pradhan Mantri Adarsh Gram Yojana (PMAGY)
! New scheme Pradhan Mantri Adarsh Gram Yojana (PMAGY) with an allocation
of Rs.100 crore launched on pilot basis for integrated development of 1000 villages
having population of scheduled castes above 50 per cent.
EMPOWERMENT OF WEAKER SECTIONS
! The Swarna Jayanti Gram Swarozgar Yojana (SGSY) restructured as National Rural
Livelihood Mission to make it universal in application, focused in approach and
time bound for poverty eradication by 2014-15. In addition to capital subsidy at
enhanced rate, interest subsidy to poor households to be provided for loans upto
Rs.1 lakh from banks.
! There are over 22 lakh Women’s Self Help Groups linked with banks. Reach of
SHGs to be widened to enrol at least 50 per cent of all rural women in India as
members of SHGs over the next five years.
! Corpus of Rashtriya Mahila Kosh to be increased from Rs.100 crore to Rs.500
crore over the next few years.
Female Literacy
! National Mission for Female Literacy to be launched with focus on minorities, SC,
ST and other marginalized groups with the aim to reduce level of female illiteracy
by half in three years.
Integrated Child Development Services (ICDS)
! All ICD Services to be extended to every child under the age of six by
March, 2012.
Student Loans to Weaker Sections
! To enable students from economically weaker sections to access higher education,
a scheme to provide full interest subsidy during the period of moratorium introduced
to cover loans taken from scheduled banks to pursue any of the approved courses
of study in technical and professional streams from recoganised institutions in India.
7
https://indiabudget.nic.in
Welfare of Minorities
! Plan outlay of Ministry of Minority Affairs enhanced from Rs.1,000 crore in B.E.
2008-09 to Rs.1,740 crore in 2009-10 registering an increase of 74 per cent. This
includes Rs.990 crore for Multi-Sectoral Development Programme for Minorities,
Grants-in-aid to Maulana Azad Education Foundation, National Minorities Development
and Finance Corporation and pre and post matric scholarship for minorities.
! Allocations made for the new schemes of National Fellowship for Students from
minority community and Grants-in-aid to Central Wakf Council for computerization
of records of State Wakf Boards.
! Rs.25 crore each allocated for establishing new campuses at Murshidabad in West
Bengal and Malappuram in Kerala by Aligarh Muslim University.
Welfare of workers in the unorganized sector
! Action initiated to ensure implementation of social security schemes for occupation
like weavers, fishermen and women, toddy tappers, leather and handicraft workers,
plantation labour, construction labour, mine workers, bidi workers and rickshaw
pullers. Necessary financial allocation will be made for these schemes.
Employment Exchanges
! New project for modernization of Employment Exchange in public private
partnership to be launched so that a job seeker can register on line from anywhere
and approach any employment exchange.
Handloom
! One handloom mega cluster each in West Bengal and Tamil Nadu and one
powerloom mega cluster in Rajasthan to be set up. New mega clusters for carpets
to be also set up in Srinagar (J&K) and Mirzapur (UP).
Health
! Allocation under National Rural Health Mission (NRHM) increased by Rs.2,057
crore over Interim B.E. 2009-10 of Rs.12,070 crore.
! All BPL families to be covered under Rashtriya Swasthya Bima Yojana (RSBY).
Allocation under RSBY increased by 40 per cent over previous allocation to Rs.350
crore in B.E. 2009-10.
Environment and climate change
! In furtherance to National Action Plan on Climate Change, eight national missions
representing a multi-pronged long-term and integrated approach to be launched.
! National Ganga River Basin Authority set up. Budgetary allocation under National
River and Lake Conservation Plans increased from Rs.335 crore in B.E. 2008-09
to Rs.562 crore in B.E. 2009-10.
! Special one-time grant of Rs.100 crore given to Indian Council of Forestry Research
and Education, Dehradun.
! Rs.15 crore each to be allocated to Botanical Survey of India and Zoological Survey of
India. An additional amount of Rs.15 crore to be allocated for Geological Survey of India.
8
https://indiabudget.nic.in
TOWARDS BUILDING ACOUNTABLE INSTITUTIONS
Improving Delivery of Public Services
! Unique Identification Authority of India (UIDAI) to set up online data base with
identity and biometric details of Indian residents and provide enrolment and
verification services across country. Provision of Rs.120 crore made for this in the
Budget.
! First set of unique identity number to be rolled out in 12 to 18 months.
National Security
! Additional amount of Rs.430 crore provided over Interim B.E. 2009-10
to modernise police machinery in the States.
! Additional amount of Rs.2,284 crore proposed over Interim B.E. 2009-10 for
construction of fences, roads, flood lights on the international borders.
! Programme for housing to create 1 lakh dwelling units for Central Para-military
Forces personnel to be launched through innovative financing model.
One Rank One Pension for Ex-servicemen (OROP)
! Based on the recommendation of the Committee headed by the Cabinet Secretary
on OROP, government has decided to substantially improve the pension of pre
01.01.2006 defence pensioners below officer rank and bring pre 10.10.1997
pensioners on par with post 10.10.1997 pensioners. The decisions to be implemented
from 01st July, 2009 and will cost more than Rs.2,100 crore annually.
Education
! Provision for the scheme ‘Mission in Education through ICT’ substantially increased
to Rs.900 crore and the provision for setting up and up-gradation of Polytechnics
under the Skill Development Mission enhanced to Rs.495 crore.
! Rs.827 crore allocated for opening one Central University in each uncovered State.
! Rs.2,113 crore allocated for IITs and NITs which includes a provision of Rs.450
crore for new IITs and NITs.
! The overall Plan budget for higher education is to be increased by Rs.2,000 crore
over Interim B.E. 2009-10.
! Rs.50 crore allocated for Punjab University, Chandigarh. Plan allocation for
Chandigarh to be suitably enhanced during the year to provide better infrastructure
to the people of Chandigarh.
Commonwealth Games, 2010
! Outlays to be stepped up from Rs.2,112 crore in Interim Budget to Rs.3,472 crore
in regular Budget 2009-10.
9
https://indiabudget.nic.in
Srilankan Tamils
! Rs.500 crore allocated for rehabilitation of internally displaced persons and
reconstruction of the northern and eastern areas of Sri Lanka. Ministry of External
Affairs to work closely with the Sri Lankan Government.
Cyclone Aila
! Rs.1,000 crore allocated for programme for rebuilding the damaged infrastructure
caused due to cyclone Aila in West Bengal.
BUDGET ESTIMATE 2009-10
! Budget Estimates provide for a total expenditure of Rs.10,20,838 crore consisting
of Rs.6,95,689 crore under Non-plan and Rs.3,25,149 crore under Plan registering
an increase of 37 per cent in Non-plan expenditure and 34 per cent in Plan
expenditure over B.E. 2008-09.
! Total expenditure in B.E. 2009-10 increased by 36 per cent over B.E. 2008-09.
! Increase in Non-plan expenditure is mainly due to implementation of Sixth Central
Pay Commission recommendations, increased food subsidy and higher interest
payment arising out of larger fiscal deficit in 2008-09.
! Interest payments estimated at Rs.2,25,511 crore constituting about 36 per cent of
Non-plan revenue expenditure in B.E. 2009-10.
! Subsidies up from Rs.71,431 crore in B.E. 2008-09 to Rs.1,11,276 crore in B.E.
2009-10.
! Outlay for Defence up from Rs.1,05,600 crore in B.E. 2008-09 to Rs.1,41,703
crore in B.E. 2009-10.
! Gross Budgetary Support for Annual Plan 2009-10 enhanced by Rs.40,000 crore
over Interim B.E. 2009-10.
! State Governments to be permitted to borrow additional 0.5 per cent of their GSDP
by relaxing the fiscal deficit target under FRBM from 3.5 per cent to 4 per cent of
their GSDP. This will enable the States to borrow Rs.21,000 crore additionally
over Interim B.E. 2009-10.
! Gross tax receipts budgeted at Rs.6,41,079 crore in B.E. 2009-10 compared to
Rs.6,87,715 crore in B.E. 2008-09.
! Non-tax revenue receipts estimated at Rs.1,40,279 crore in B.E. 2009-10 compared
to Rs.95,785 crore in B.E. 2008-09.
! Revenue deficit projected at 4.8 per cent of GDP in B.E. 2009-10 compared to 1
per cent in B.E. 2008-09 and 4.6 per cent as per provisional accounts of 2008-09.
! Fiscal deficit as a percentage of GDP is projected at 6.8 per cent compared to 2.5
per cent in B.E. 2008-09 and 6.2 per cent as per provisional accounts 2008-09.
10
https://indiabudget.nic.in
TAX PROPOSALS
! Tax reform, like all reforms, is a process and not an event. Thrust of reforms has
been to improve the efficiency and equity of our tax system. This is sought to be
achieved by eliminating distortions in the tax structure, introducing moderate levels
of taxation and expanding the base and accompanied by requisite re-engineering
of key business processes coupled with automation.
! Recent initiative, on direct taxes side, of the setting up of a Centralized Processing
Centre (CPC) at Bengaluru where all electronically filed returns, and paper returns
filed in entire Karnataka, will be processed.
! Centre’s Tax-GDP ratio has increased to 11.5 per cent in 2008-09 from a low of 9.2
per cent in 2003-04. Share of direct taxes in the Centre’s tax revenues has increased
to 56 percent in 2008-09 from 41 percent in 2003-04, reflecting sharp improvement
in equity of our tax system.
! Structural changes in direct taxes to be pursued by releasing the new Direct Taxes
Code within the next 45 days and in indirect taxes by accelerating the process for
the smooth introduction of the Goods and Services Tax (GST) with effect from 1st
April, 2010.
! The Direct Taxes Code, along with a Discussion Paper, to be released to the public
for debate. The Direct Taxes Code Bill will be finalised for introduction in Lok
Sabha sometime during the Winter Session based on the inputs received.
! The Authorities for Advance Rulings on Direct and Indirect Taxes to be merged by
amending the relevant Acts.
! Agreement has been reached on the basic structure of GST in keeping with the
principles of fiscal federalism enshrined in the Constitution. Broad contour of the
GST Model envisages dual GST comprising of a Central GST and a State GST.
The Centre and the States will each legislate, levy and administer the Central GST
and State GST, respectively.
Direct Taxes
! No changes made in the Corporate Tax rates.
! Exemption limit in personal income tax raised by Rs.15,000 from Rs.2.25 lakh to
Rs.2.40 lakh for senior citizens; by Rs.10,000 from Rs.1.80 lakh to Rs.1.90 lakh
for women tax payers; and by Rs.10,000 from Rs.1.50 lakh to Rs.1.60 lakh for all
other categories of individual taxpayers.
! Deduction under section 80-DD in respect of maintenance, including medical
treatment, of a dependent who is a person with severe disability being raised from
the present limit of Rs.75,000 to Rs.1 lakh.
! Surcharge on various direct taxes to be phased out; in the first instance, by
eliminating the surcharge of 10 percent on personal income-tax.
! Sun-set clauses for deduction in respect of export profits under sections 10A and
10B of the Income-tax Act being extended by one more year i.e. for the financial
year 2010-11.
11
https://indiabudget.nic.in
! Fringe Benefit Tax on the value of certain fringe benefits provided by employers to
their employees to be abolished.
! Scope of provisions relating to weighted deduction of 150% on expenditure incurred
on in-house R&D to all manufacturing businesses being extended except for a
small negative list.
! Businesses to be incentivised by providing investment linked tax exemptions
rather than profit linked exemptions. Investment linked tax incentives to be
provided, to begin with, to the businesses of setting up and operating ‘cold chain’,
warehousing facilities for storing agricultural produce and the business of laying
and operating cross country natural gas or crude or petroleum oil pipeline network
for distribution on common carrier principle. Under this method, all capital
expenditure, other than expenditure on land, goodwill and financial instruments
to be fully allowable as deduction.
! Minimum Alternate Tax (MAT) to be increased to 15 per cent of book profits from
10 per cent. The period allowed to carry forward the tax credit under MAT to be
extended from seven years to ten years.
! New Pension System (NPS) to continue to be subjected to the Exempt-Exempt-
Taxed (EET) method of tax treatment of savings. Income of the NPS Trust to be
exempted from income tax and any dividend paid to this Trust from Dividend
Distribution Tax. All purchase and sale of equity shares and derivatives by the
NPS Trust also to be exempt from the Securities Transaction Tax. Self employed
persons to be enabled to participate in the NPS and to avail of the tax benefits
available thereto.
! Alternative dispute resolution mechanism to be created within the Income Tax
Department for the resolution of transfer pricing disputes. Central Board of Direct
Taxes (CBDT) to be empowered to formulate ‘safe harbour’ rules to reduce the
impact of judgemental errors in determining transfer price in international
transactions.
! Commodity Transaction Tax (CTT) to be abolished.
! Donations to electoral trusts to be allowed as a 100 percent deduction in the
computation of the income of the donor.
! Deduction under section 80E of the Income-tax Act allowed in respect of interest
on loans taken for pursuing higher education in specified fields of study to be
extended to cover all fields of study, including vocational studies, pursued after
completion of schooling.
! To mitigate the practical difficulties faced by charitable organisations, anonymous
donations received by charitable organisations to the extent of 5 percent of their
total income or a sum of Rs.1 lakh, whichever is higher, not to be taxed.
! Scope of presumptive taxation to be extended to all small businesses with a turnover
upto Rs. 40 lakh. All such taxpayers to have option to declare their income from
business at the rate of 8 percent of their turnover and simultaneously enjoy exemption
from the compliance burden of maintaining books of accounts. As a procedural
simplification, they are also to be exempted from advance tax and allowed to pay
their entire tax liability from business at the time of filing their return. This new
scheme to come into effect from the financial year 2010-11.
12
https://indiabudget.nic.in
! Tax holiday under section 80-IB(9) of the Income Tax Act, which was hitherto
available in respect of profits arising from the commercial production or refining
of mineral oil, to be extended to natural gas. This tax benefit to be available to
undertakings in respect of profits derived from the commercial production of mineral
oil and natural gas from oil and gas blocks which are awarded under the
NELP-VIII round of bidding. The section to be retrospectively amended to provide
that “undertaking” for the purposes of section 80-IB(9) will mean all blocks awarded
in any single contract.
Indirect Taxes
! Proposals on indirect taxes to seek to achieve stable framework by maintaining the
overall rate structure for customs and central excise duties as well as service tax.
Customs duties
! Customs duty of 5% to be imposed on Set Top Box for television broadcasting.
! Customs duty on LCD Panels for manufacture of LCD televisions to be reduced
from 10% to 5%.
! Full exemption from 4% special CVD on parts for manufacture of mobile phones
and accessories to be reintroduced for one year.
! List of specified raw materials/inputs imported by manufacturer-exporters of sports
goods which are exempt from customs duty, subject to specified conditions, to be
expanded by including five additional items.
! List of specified raw materials and equipment imported by manufacturer-exporters
of leather goods, textile products and footwear industry which are fully exempt
from customs duty, subject to specified conditions, to be expanded.
! Customs duty on unworked corals to be reduced from 5% to Nil.
! Customs duty on 10 specified life saving drugs/vaccine and their bulk drugs to be
reduced from 10% to 5% with Nil CVD (by way of excise duty exemption).
! Customs duty on specified heart devices, namely artificial heart and PDA/ASD
occlusion device, to be reduced from 7.5% to 5% with Nil CVD (by way of excise
duty exemption).
! Customs duty on permanent magnets for PM synchronous generator above 500
KW used in wind operated electricity generators to be reduced from 7.5% to 5%.
! Customs duty on bio-diesel to be reduced from 7.5% to 2.5%.
! Concessional customs duty of 5% on specified machinery for tea, coffee and rubber
plantations to be reintroduced for one year, upto 06.07.2010.
! Customs duty on ‘mechanical harvester’ for coffee plantation to be reduced from
7.5% to 5%. CVD on such harvesters has also been reduced from 8% to nil, by
way of excise duty exemption.
13
https://indiabudget.nic.in
! Customs duty on serially numbered gold bars (other than tola bars) and gold coins
to be increased from Rs.100 per 10 gram to Rs.200 per 10 gram. Customs duty on
other forms of gold to be increased from Rs.250 per 10 gram to Rs.500 per 10
gram. Customs duty on silver to be increased from Rs.500 per Kg. to Rs.1000 per
Kg. These increases also to be applicable when gold and silver (including ornaments)
are imported as personal baggage.
! Customs duty on cotton waste to be reduced from 15% to 10%.
! Customs duty on wool waste to be reduced from 15% to 10%.
! Customs duty on rock phosphate to be reduced from 5% to 2%.
! CVD exemption on Aerial Passenger Ropeway Projects to be withdrawn. Such
projects will now attract applicable CVD.
! Customs duty exemption on concrete batching plants of capacity 50 cum per hour
or more to be withdrawn. Such plants will now attract customs duty of 7.5%.
! On packaged or canned software, CVD exemption to be provided on the portion of
the value which represents the consideration for transfer of the right to use such
software, subject to specified conditions.
! Customs duty on inflatable rafts, snow-skis, water skis, surf-boats, sail-boards and
other water sports equipment to be fully exempted.
Central excise duties
! Excise duty rate on items currently attracting 4% to be raised to 8% with following
major exceptions:
• Specified food items including biscuits, sharbats, cakes and pastries
• Drugs and pharmaceutical products falling under Chapter 30
• Medical equipment
• Certain varieties of paper, paperboard and articles thereof
• Paraxylene
• Power driven pumps for handling water
• Footwear of RSP exceeding Rs.250 but not exceeding Rs.750 per pair
• Pressure cookers
• Vacuum and gas filled bulbs of RSP not exceeding Rs.20 per bulb
• Compact Fluorescent Lamps
• Cars for physically handicapped
! Specific component of excise duty applicable to large cars/utility vehicles of engine
capacity 2000 cc and above to be reduced from Rs. 20,000/- per vehicle to Rs.15,000
per vehicle.
14
https://indiabudget.nic.in
! Excise duty on petrol driven trucks/lorries to be reduced from 20% to 8%. Excise
duty on chassis of such trucks/lorries to be reduced from ‘20% + Rs.10000’ to
‘8% + Rs.10000’.
! Excise duty on Special Boiling Point spirits to be reduced to 14%.
! Excise duty on naphtha to be reduced to 14%.
! Duty paid High Speed Diesel blended with upto 20% bio-diesel to be fully exempted
from excise duties.
! The ad valorem component of excise duty of 6% on petrol intended for sale with a
brand name to be converted into a specific rate. Consequently, such petrol would
now attract total excise duty of Rs.14.50 per litre instead of ‘6% + Rs.13 per litre’.
! The ad valorem component of excise duty of 6% on diesel intended for sale with a
brand name to be converted into a specific rate. Consequently, such diesel would
now attract total excise duty of Rs.4.75 per litre instead of ‘6% + Rs.3.25 per litre’.
! Excise duty on manmade fibre and yarn to be increased from 4% to 8%.
! Excise duty on PTA and DMT to be increased from 4% to 8%.
! Excise duty on polyester chips to be increased from 4% to 8%.
! Excise duty on acrylonitrile to be increased from 4% to 8%.
! The scheme of optional excise duty of 4% for pure cotton to be restored.
! Excise duty for man-made and natural fibres other than pure cotton, beyond the
fibre and yarn stage, to be increased from 4% to 8% under the existing optional
scheme.
! An optional excise duty exemption to be provided to tops of manmade fibre
manufactured from duty paid tow at par with tops manufactured from duty paid
staple fibre.
! Suitable adjustments to be made in the rates of duty applicable to DTA clearances
of textile goods made by Export Oriented Units using indigenous raw materials/
inputs for manufacture of such goods.
! Full exemption from excise duty to be provided on goods of Chapter 68 of Central
Excise Tariff manufactured at the site of construction for use in construction work
at such site.
! Excise duty exemption on ‘recorded smart cards’ and ‘recorded proximity cards
and tags’ to be made optional. Manufacturers have the option to pay the applicable
excise duty and avail the credit of duty paid on inputs.
! EVA compound manufactured on job work for further use in manufacture of
footwear to be exempted from excise duty.
! Benefit of SSI exemption scheme to be extended to printed laminated rolls bearing
the brand name of others by excluding this item from the purview of the brand
name restriction.
15
https://indiabudget.nic.in
! On packaged or canned software, excise duty exemption to be provided on the
portion of the value which represents the consideration for transfer of the right to
use such software, subject to specified conditions.
! Excise duty on branded articles of jewellery to be reduced from 2% to Nil.
Service tax
! Service Tax to be imposed on the following services:
• Service provided in relation to transport of goods by rail
• Service provided in relation to transport of coastal cargo; and goods through
inland water including National Waterways
• Advice, consultancy or technical assistance provided in the field of law (this
tax would not be applicable in case the service provider or service receiver is
an individual).
• Cosmetic and plastic surgery service
! Exemption from service tax being provided to inter-State or intra-State transportation
of passengers in a vehicle bearing ‘Contract Carriage Permit’ with specified
conditions.
! Exemption from service tax (leviable under Banking and other financial services
or under Foreign exchange broking service) being provided to inter-bank purchase
and sale of foreign currency between scheduled banks.
! Two taxable services, namely, ‘Transport of goods through road’ and ‘Commission
paid to foreign agents’ to be exempted from the levy of service tax, if the exporter
is liable to pay service tax on reverse charge basis. However, present cap of 10%
on commission agency charges is retained. Thus there would be no need for the
exporter to first pay the tax and later claim refund in respect of these services.
! For other services received by exporters, service tax exemption to be operated
through the existing refund mechanism based on self-certification of the documents
where such refund is below 0.25 per cent of FOB value, and certification of
documents by a Chartered Accountant for value of refund exceeding the above
limit.
! Export Promotion Councils and the Federation of Indian Export Organizations
(FIEO) to be exempt from service tax on the membership and other fees collected
by them till 31st March 2010.
Tax proposals on direct taxes to be revenue neutral. On indirect taxes, estimated net gain
to be Rs.2,000 crore for a full year.

Guest (Guest)     11 July 2009

 Budget speech

 

Budget  2009-2010

 

Speech  of

Pranab Mukherjee

Minister of Finance

 

July 6, 2009

 

Madam Speaker,

            I rise to present the Budget for 2009-10.

2.         Just 140 days back, I had the privilege to present the Interim Budget for 2009-10. It is a rare honour that I have been called upon to present the regular budget after the new Government assumed office.

3.         The Congress-led UPA Government has come back to power with a renewed mandate. As Prime Minister, Dr. Manmohan Singh, said recently It is a mandate for continuity, stability and prosperity. It is a mandate for inclusive growth and equitable development. It is a mandate that we accept with humility and a firm resolve to do all that we can for the welfare of this nation.

4.         I am deeply conscious of the faith reposed by the people in our government and the responsibilities that come with it. I am sensitive to the great challenge of rising expectations of a young India .  It reflects a population that is restless, yet engaged and is ready to seize the opportunities that it is presented with. There are new and powerful reasons for us to create, facilitate and sustain those opportunities.

5.         In the Interim Budget for 2009-10, I had stated that the new Government would need to anchor its policies for 2009-10, in a medium term perspective that would have to:

(a)      sustain a growth rate of at least 9 per cent  per annum over an extended period of time;

(b)     strengthen the mechanisms for inclusive growth for creating about 12 million new work opportunities per year;

(c)      reduce the proportion of people living below poverty line to less than half from current levels by 2014;

(d)     ensure that Indian agriculture continues to grow at an annual rate of 4 per cent;

(e)      increase the investment in infrastructure to more than 9 per cent of GDP by 2014;

(f)      support Indian industry to meet the challenge of global competition and sustain the growth momentum in exports;

(g)      strengthen  and improve the economic regulatory framework in the country;

(h)      expand the range  and reach of social safety nets by providing direct assistance to vulnerable sections;

(i)       strengthen the delivery mechanism for primary health care facilities with a view to improve the preventive and curative health care in the country;

(j)      create a competitive, progressive and well regulated education system of global standards that meets the aspiration of all segments of the society; and

(k)     move towards providing energy security by pursuing an Integrated Energy Policy.

6.         The Government recognizes the challenges that this task entails, particularly at a time when the world is still struggling with an unprecedented financial crisis and an economic slowdown that has also affectedIndia . While we are determined to convert our words into deeds, Members would appreciate that a single Budget Speech cannot solve all our problems, nor is the Union Budget the only instrument to do so. Yet, it is an important means to share the vision of the Government, particularly as we begin a new term. I propose to do just that for the next hour or so, as I dwell on the challenges and outline the approach of the government in the short term and medium term perspectives.

7.         The first challenge is to lead the economy back to the high GDP growth rate of 9 per cent per annum at the earliest. Growth of income is important in itself, but it is as important for the resources that it brings in. These resources provide us with the means to bridge the critical gaps that remain in our development efforts, particularly with regard to the welfare of the vulnerable segments of our population.

8.         The second challenge is to deepen and broaden the agenda for inclusive development; and to ensure that no individual, community or region is denied the opportunity to participate in and benefit from the development process.

9.         The third challenge is to re-energize government and improve delivery mechanisms. Our institutions must provide high quality public services, security and the rule of law to all citizens with transparency and accountability.

Overview of the Economy

10.       Madam Speaker, at the time of the presentation of the Interim Budget, I had given a detailed analysis of the economic situation. Without repeating myself, I would like to highlight that the development course charted by the UPA Government in the last five years has been possible due to a step up in the growth rate of the economy and improved revenue buoyancy. The principal growth driver in this period has been private investment, which has been predominantly funded by domestic resources. During the year 2008-09, there has been a dip in the growth rate of GDP from an average of over 9 per cent in the previous three fiscal years to 6.7 per cent. It has affected the pace of job creation in certain sectors of the economy and the investment sentiments of the business community. It has also resulted in considerably lower revenue growth for the government. Another feature of the year 2008-09 was a sharp rise in the wholesale price index to nearly 13% in August 2008 and an equally sharp fall close to 0% in March 2009. While a detailed analysis of the developments has been presented in the Economic Survey-2008-09, tabled in both houses of Parliament last Thursday, I draw your attention to a few aspects.

11.       The structure of India s economy has changed rapidly in the last ten years. External trade and external capital flows are an important part of the economy and so is the contribution of the services sector to the GDPat well over 50 per cent. The share of merchandise trade (exports plus imports) as a proportion of GDP has more than doubled over the past decade to 38.9 per cent in 2008-09. Similarly, trade in goods and services taken together has also doubled to 47 per cent during this period. Gross capital flows rose to a peak of over 9 per cent of GDP in 2007-08 before falling in the wake of the global financial crisis. The significant increase in the inflow of foreign capital is important, not so much for bridging the domestic savings-investment gap, but for facilitating the intermediation of financial resources to meet the growing needs of the economy.

12.       This growing integration of the Indian economy with the rest of the world has brought new opportunities and also new challenges. It has made the task of sustaining high growth more complex. Over the past month, we have critically evaluated Governments efforts at both short term economic recovery as well as medium term economic growth. The economic recovery and growth is a cooperative effort of the Central and State Governments. That is why, for the first time, I held a meeting with Finance Ministers of States as part of the preparations for this Budget. I intend to make this an annual feature. 

TOWARDS ECONOMIC REVIVAL

Short-term measures

13.       To counter the negative fallout of the global slowdown on the Indian economy, the Government responded by providing three focused fiscal stimulus packages in the form of tax relief to boost demand and increased expenditure on public projects to create employment and public assets. The RBI took a number of monetary easing and liquidity enhancing measures to facilitate flow of funds from the financial system to meet the needs of productive sectors.

14.       This fiscal accommodation led to an increase in fiscal deficit from 2.7 per cent in 2007-08 to 6.2 per cent of GDP in 2008-09. The difference between the actuals of 2007-08 and 2008-09 constituted the total fiscal stimulus. This fiscal stimulus at 3.5% of GDP at current market prices for 2008-09 amounts to Rs.1,86,000 crore.

15.       These measures were effective in arresting the fall in growth rate of GDP in 2008-09 and we achieved a growth of 6.7 per cent. There are signs of revival in the domestic industry and the foreign investors have also returned to the Indian market in the last couple of months. It is possible that the two worst quarters since the global financial meltdown in September 2008 are behind us. While the global financial conditions have shown improvement over the recent months, uncertainties relating to the revival of the global economy remain. We cannot, therefore, afford to drop our guard. We have to continue our efforts to provide further stimulus to the economy.

16.       Madam Speaker, what I unfold now are only the First steps. It will be my endeavour to make the process of budget formulation more participatory and a continuous exercise.

Infrastructure Development

17.       To stimulate public investment in infrastructure, we had set up the India Infrastructure Finance Company Limited (IIFCL) as a special purpose vehicle for providing long term financial assistance to infrastructure projects. We will ensure that IIFCL is given greater flexibility to aggressively fulfil its mandate.

18.       Takeout financing is an accepted international practice of releasing long term funds for financing infrastructure projects.  It can be used to effectively address the asset liability mismatch of commercial banks arising out of financing infrastructure projects and also to free up capital for financing new projects. IIFCL would, in consultation with banks, evolve a takeout financing scheme which could facilitate incremental lending to the infrastructure sector.

19.       Government has had some success in attracting private investment in a wide range of infrastructure sectors such as telecommunications, power generation, airports, ports, roads and even in railways through public private partnerships ( PPP ). To ensure that infrastructure projects do not face financing difficulties arising from the current downturn, as I indicated in my Interim Budget Speech, the Government has decided that IIFCL will refinance 60 per cent of commercial bank loans for PPP projects in critical sectors over the next fifteen to eighteen months. The IIFCL and Banks are now in a position to support projects involving a total investment of Rs.100 thousand crore in infrastructure.  Combined with the steps we are taking to increase public investment in infrastructure, this will provide a big boost to such investment.

20.       The investment in infrastructure for the growth of economy is critical.  I have urged my colleagues in the Central and State Governments to remove policy, regulatory and institutional bottlenecks for speedy implementation of infrastructure projects.  I, on my part, will ensure that sufficient funds are made available for this sector.

Highway and Railways

21.       The allocation during the current year to National Highways Authority of India (NHAI) for the National Highways Development Programme (NHDP) is being stepped up by 23 per cent over the 2008-09 (BE).  I have also increased the allocation for the Railways from Rs.10,800 crore made in the Interim Budget for 2009-10 to Rs.15,800 crore.

Urban Infrastructure

22.       The Jawaharlal Nehru National Urban Renewal Mission (JNNURM) has been an important instrument for refocusing the attention of the State governments on the importance of urban infrastructure. In recognition of the role of JNNURM, the allocation for this scheme is being stepped up by 87 per cent to Rs.12,887 crore in the current budget. To improve the lot of the urban poor, I propose to enhance the allocation for housing and provision of basic amenities to urban poor to Rs.3,973 crore in the current years budget. This includes the provision for Rajiv Awas Yojana (RAY), a new scheme announced in the address of the President of India. This scheme, the parameters of which are being worked out, is intended to make the country slum free in the five year period.

Brihan Mumbai Storm Water Drainage Project (BRIMSTOWA)

23.       To address the problem of flooding in Mumbai, Brihan Mumbai Storm Water Drainage Project (BRIMSTOWA) was initiated in 2007. The entire estimated cost of the project at Rs.1,200 crore is being funded through Central assistance. A sum of Rs.500 crore has been released for this project upto

2008-09.  I have enhanced the provision for this project from Rs.200 crore in Interim BE to Rs.500 crore to expedite the completion of the project.

Power

24.       The Accelerated Power Development and Reform Programme (APDRP) is an important scheme for reducing the gap between power demand and supply.  I propose to increase the allocation for this scheme to Rs.2,080 crore, a steep increase of 160 per cent above the allocation in the BE of 2008-09.

Gas

25.       With the recent find of natural gas in the KG Basin on the Eastern offshore of the country, the indigenous production of Natural Gas is set to double with natural gas emerging as an important source of energy.  LNG infrastructure in the country is also being expanded.  Government proposes to develop a blueprint for long distance gas highways leading to a National Gas Grid. This would facilitate transportation of gas across the length and breadth of the country.

Assam Gas Cracker Project

26.       The Assam Gas Cracker Project sanctioned in April 2006 is being executed at a cost of Rs.5,461 crore.  The capital subsidy of Rs.2,138 crore for the project is to be provided by the Central Government.  The outlay for this project is being stepped up suitably.

Agricultural Development

            I now turn to Agricultural development.

27.       Agriculture has been the mainstay of our economy with 60 per cent of our population deriving their sustenance from it.  In the recent past, the sector has recorded a growth of about 4 per cent per annum with substantial increase in plan allocations and capital formation in the sector. Agriculture credit flow was Rs.2,87,000 crore  in 2008-09.  The target for agriculture credit flow for the year 2009-10 is being set at Rs.3,25,000 crore. To achieve this, I propose to continue the interest subvention scheme for short term crop loans to farmers for loans upto Rs.3 lakh per farmer at the interest rate of 7 per cent per annum.  I am also happy to announce that, for this year, the Government shall pay an additional subvention of 1 per cent as an incentive to those farmers who repay their short term crop loans on schedule. Thus, the interest rate for these farmers will come down to 6 per cent per annum.  For this, I am making an additional Budget provision of Rs.411 crore over Interim BE.

Debt Relief for farmers

28.       The one-time bank loan waiver of nearly Rs.71,000 crore to cover an estimated 40 million farmers was one of the major highlights of the last Budget. Under the Agricultural Debt Waiver and Debt Relief Scheme (2008), farmers having more than two hectares of land were given time upto 30th June, 2009 to pay 75% of their overdues. Due to the late arrival of monsoon, I propose to extend this period by six months upto 31st December, 2009 .

29.       It is learnt that in some regions of Maharashtra , a large number of farmers had taken loans from private money lenders and the loan waiver scheme did not cover them. The matter requires special attention. To examine the matter in greater detail and suggest the future course of action, I propose to set up a Taskforce.

Accelerated Irrigation Benefit Programme

30.       I propose to provide an additional Rs.1,000 crore over Interim BE for the Accelerated Irrigation Benefit Programme (AIBP), marking an increase of 75 per cent over the allocation in 2008-09(BE).  The allocation for the Rashtriya Krishi Vikas Yojna (RKVY) is also being stepped up by 30 per cent over Budget Estimates of 2008-09.

Restoring Export Growth

31.       Our exporters by virtue of their close links to the external sector have borne the brunt of the global economic crisis. It is, therefore, appropriate that we continue to provide all possible assistance to our exporters to help them overcome the short term disadvantages. More specifically:

(a)      An adjustment assistance scheme to provide enhanced Export Credit and Guarantee Corporation (ECGC) cover at 95 per cent to badly hit sectors had been initiated in December 2008 to mitigate the difficulties faced by the exporters.  In view of the continuing contraction in exports, I propose to extend the benefits of this scheme up to March 2010.

(b)     The Market Development Assistance Scheme provides support to exporters in developing new markets. With many traditional markets still under financial stress, greater effort is required to identify and develop new markets. I propose to enhance the allocation for this scheme by 148% over BE 2008-09 to Rs.124 crore.

(c)      With a view to insulating the employment - oriented export sectors from the global meltdown, Government had provided an interest subvention of 2 per cent on pre-shipment credit for seven such sectors. These sectors are textiles including handlooms, handicrafts, carpets, leather, gems and jewellery, marine products and small and medium exporters. I propose to extend the interest subvention beyond the current deadline of September 30, 2009 to March 31, 2010 .

(d)     Micro, Small and Medium Enterprises (MSMEs) have been affected by the slowdown in exports and the indirect effect of the global crisis on domestic demand.  To support this sector, I propose to facilitate the flow of credit at reasonable rates, by providing a special fund out of Rural Infrastructure Development Fund (RIDF) to Small Industries Development Bank (SIDBI). This fund of Rs.4,000 crore will incentivise Banks and State Finance Corporations (SFCs) to lend to Micro and Small Enterprises (MSEs) by refinancing 50 per cent of incremental lending to MSEs during the current financial year.

(e)      In February, 2009 the Print Media was given a stimulus package comprising waiver of 15% agency commission on DAVP advertisements and a 10% increase in the DAVP rates to be paid as a special relief subject to documentary proof of loss of revenue in non-governmental advertisements. Since Print Media is still passing through difficult times, I have decided to extend the stimulus package for another six months from 30th June, 2009 to 31st December, 2009 .

Medium-term sustainability

32.       The short term fiscal stimulus has to be balanced against long term prudence and fiscal sustainability objectives. To quote KautilyaIn the interest of the prosperity of the country, a King shall be diligent in foreseeing the possibility of calamities, try to avert them before they arise, overcome those which happen, remove all obstructions to economic activity and prevent loss of revenue to the state. I intend to take Kautilyasadvice and return to the FRBM target for fiscal deficit at the earliest and as soon as the negative effects of the global crisis on the Indian economy have been overcome.  On the medium term fiscal perspective, I await the recommendations of the 13th Finance Commission.

33.       To bring the fiscal deficit under control, we have to initiate institutional reform measures during the current year itself. This is essential for maintaining a stable balance of payments, moderate interest rates and steady flow of external capital for corporate investment. These measures have to encompass all aspects of the budget such as subsidies, taxes, expenditure and disinvestment.

Fertilizer subsidy

34.       In the context of the nations food security, the declining response of agricultural productivity to increased fertilizer usage in the country is a matter of concern.  To ensure balanced application of fertilizers, the Government intends to move towards a nutrient based subsidy regime instead of the current product pricing regime.  It will lead to availability of innovative fertilizer products in the market at reasonable prices. This unshackling of the fertilizer manufacturing sector is expected to attract fresh investments in this sector. In due course it is also intended to move to a system of direct transfer of subsidy to the farmers.

Petroleum and Diesel pricing policy

35.       Madam Speaker, Honourable Members are aware that global prices of oil and petroleum products had shot up to unprecedented levels in 2008-09. Most oil importing countries, including our neighbours, adjusted their domestic prices to reflect these global changes. Though prices have declined since then, they are already about double of the lows reached in the wake of the global financial crisis. It is important to recognise that, with almost three-quarters of our oil consumption met through imports, domestic prices of petrol and diesel have to be broadly in sync with global prices of these items. Government will set up an expert group to advise on a viable and sustainable system of pricing petroleum products. Details will be announced by my colleague, the Minister of Petroleum and Natural Gas.

Taxation

36.       It is time that we complete the process that was started in 1991 for building a trust based, simple, neutral, tax system with almost no exemptions and low rates designed to promote voluntary compliance. The Income Tax Return Forms should be simple and user-friendly. I have asked the Department to work on SARAL-II forms for early introduction. We need a tax system which generates revenues on a sustained basis without use of coercive tax collection methods at the end of each year to meet targets. It is my intention to make a modest start in this direction in the current year and ensure that the process is completed in the next four years. At the end of this process, I hope the Finance Minister can credibly say that our tax collectors are like honey bees collecting nectar from the flowers without disturbing them, but spreading their pollen so that all flowers can thrive and bear fruit.

Peoples ownership of PSUs

37.       The Public Sector Undertakings are the wealth of the nation, and part of this wealth should rest in the hands of the people. While retaining at least 51 per cent Government equity in our enterprises, I propose to encourage peoples participation in our disinvestment programme. Here, I must state clearly that public sector enterprises such as banks and insurance companies will remain in the public sector and will be given all support, including capital infusion, to grow and remain competitive.

Financial sector

38.       The financial sector is the life blood of any economy. Our Governments approach to the banking and financial sector has been to ensure robust oversight and regulation while expanding financial access and deepening markets. The merit of this balanced approach has been borne out in the recent experience, as the turbulence in the world financial markets has left the Indian banking and financial sector relatively unaffected. Never before has Indira Gandhis bold decision to nationalise our banking system exactly 40 years ago - on 14th of July, 1969 - appeared as wise and visionary as it has over the past few months. Her approach continues to be our inspiration even as we introduce competition and new technology in this sector.

39.       The average public float in Indian listed companies is less than 15 per cent.  Deep non-manipulable markets require larger and diversified public shareholdings.  This requirement should be uniformly applied to the private sector as well as listed public sector companies.  I propose to raise, in a phased manner, the threshold for non-promoter public shareholding for all listed companies.

40.       For a country like ours, with significant sections of unbanked population and regions, financial inclusion is vital for sustaining long term equitable development. As part of the financial inclusion drive, scheduled commercial banks have been opening no frills accounts either with nil or very low minimum balances. So far, these banks have opened 3.3 crore such accounts. The RBI has announced a further relaxation in its Branch Authorisation Policy. Scheduled Commercial Banks are now allowed to set up off-site ATMs without prior approval, subject to reporting. 

41.       Despite the expansion of banking network in the country, there are still some areas that remain under-banked or unbanked.  A sub-committee of State Level Bankers Committee ( SLB C) will identify such areas and formulate an action plan for providing banking facilities to all these areas in the next 3 years.  I propose to set aside Rs.100 crore during the current year as one-time grant-in-aid to ensure provision of at least one centre/Point of Sales (POS) for banking services in each of the unbanked blocks in the country.

42.       The Government has established Competition Commission of India, an autonomous regulatory body to promote and sustain competition in markets, protect interests of consumers and to prevent practices having adverse effect on competition. An Appellate body headed by a retired judge of the Supreme Court has also been constituted.

43.       The benefits of competition should now come to more sectors and their users and consumers. Now is the time for us to work on these aspects to eliminate supply bottlenecks, enhance productivity, reduce costs and improve quality of goods and services supplied to consumers.

Investment environment

44.       Private sector investment has been affected by the global macro economic conditions. Our Government is committed to creating a facilitating environment in which a competitive private sector can thrive and play its rightful role in nations economic development. India s high growth of 8.5% per annum from 2004 to 2008 was fuelled in very large part by private investment. I look forward to working closely with industry and our vibrant entrepreneurial community to address their outstanding concerns.

TOWARDS INCLUSIVE DEVELOPMENT

45.       Madam Speaker, the UPA government has gone for a paradigm shift for making the development process more inclusive. It involves creating entitlements backed by legal guarantee to provide basic amenities and opportunities for livelihood to vulnerable sections. Aam Admi is now the focus of all our programmes and schemes.

National Rural Employment Guarantee Scheme (NREGS)

46.       (i)         It is widely acknowledged that the National Rural Employment Guarantee Act, (NREGA) first implemented in February 2006, has been a magnificent success. During 2008-09, NREGA provided employment opportunities for more than 4.47 crore households as against 3.39 crore households covered in 2007-08. We are committed to providing a real wage of Rs.100 a day as an entitlement under the NREGA. To increase the productivity of assets and resources under NREGA, convergence with other schemes relating to agriculture, forests, water resources, land resources and rural roads is being initiated. In the first stage, a total of 115 pilot districts have been selected for such convergence.  Details of these measures and convergence guidelines will be announced by my colleague, the Minister of Rural Development. I propose an allocation of Rs.39,100 crore for the year 2009-10 for NREGA which marks an increase of 144% over 2008-09 Budget Estimates.

National Food Security Act (NFSA)

            (ii)        I am happy to announce that the work on National Food Security Act has begun in right earnest. This will ensure that every family living below the poverty line in rural or urban areas will be entitled by law to 25 kilos of rice or wheat per month at Rs.3 a kilo. The Government proposes to put the draft Food Security Bill on the website of the Department of Food and Public Distribution for public debate and consultations very soon.

Bharat Nirman

            (iii)       Bharat Nirman with its six schemes is an important initiative for bridging the gap between the rural and urban areas and improving the quality of life of people, particularly the poor, in the rural areas. I propose to step up the allocations for Bharat Nirman by 45 per cent in 2009-10 over the BE of 2008-09. The Pradhan Mantri Gram Sadak Yojana (PMGSY) is one of the most successful programmes under Bharat Nirman.  I propose to step up the allocation for this programme by 59% over BE 2008-09 to Rs.12,000 crore.  I also propose to allocate Rs.7,000 crore to Rajiv Gandhi Grameen Viduytikaran Yojana (RGGVY) which represents a 27 per cent increase over 2008-09 (BE).

            (iv)       The allocation for the Indira Awaas Yojana ( IAY) is proposed to be increased by 63 per cent to Rs.8,800 crore in Budget Estimates 2009-10.  To broaden the pace of rural housing, I propose to allocate, from the shortfall in the priority sector lending of commercial banks, a sum of Rs.2,000 crore for Rural Housing Fund in the National Housing Bank (NHB).  This will boost the resource base of NHB for their refinance operations in rural housing sector.

Pradhan Mantri Adarsh Gram Yojana (PMAGY)

            (v)        There are about 44,000 villages in which the population of Scheduled castes is above 50 per cent.  A new scheme called Pradhan Mantri Adarsh Gram Yojana (PMAGY) is being launched this year on a pilot basis, for the integrated development of 1000 such villages. I propose an allocation of Rs.100 crore for this scheme.  Each village would be able to avail gap funding of Rs.10 lakh over and above the allocations under Rural Development and Poverty Alleviation Schemes.  On successful implementation of the pilot phase, the Yojana would be extended in coming years.

Empowerment of Weaker Sections

47.       The Swarna Jayanti Gram Swarozgar Yojna (SGSY) is being restructured as the National Rural Livelihood Mission to make it universal in application, focused in approach and time bound for poverty eradication by 2014-15.  Stress will be laid on the formation of women Self Help Groups (SHGs).  Apart from providing capital subsidy at an enhanced rate, it is also proposed to provide interest subsidy to poor households for loans upto Rs. one lakh from banks.

48.       The Womens Self Help Group movement is bringing about a profound transformation in rural areas. There are today over 22 lakh such groups linked with banks. Our objective is to enrol at least 50% of all rural women in India as members of SHGs over the next five years and link these SHGs to banks.

49.       The Rashtriya Mahila Kosh has been working towards the facilitation of credit support or micro finance to poor women and has developed a number of innovative schemes for their benefit.  In recognition of its role as an instrument of socio-economic change and development, the corpus of the Kosh, which at present is Rs.100 crore, would be raised to Rs.500 crore, over the next few years.

Female literacy

50.       The low level of female literacy continues to be a matter of grave concern.  It has, therefore, been decided to launch a National Mission for Female Literacy, with focus on minorities, SC, ST and other marginalised groups.  The aim will be to reduce by half, the current level of female illiteracy, in three years. 

Integrated Child Development Services

51.       Government is committed to universalisation of the Integrated Child Development Services (ICDS) Scheme in the country.  By March 2012, all services under ICDS would be extended, with quality, to every child under the age of six.

Student Loans to Weaker Sections

52.       To enable students from economically weaker sections to access higher education, it is proposed to introduce a scheme to provide them full interest subsidy during the period of moratorium. It will cover loans taken by such students from scheduled banks to pursue any of the approved courses of study, in technical and professional streams, from recognised institutions in India .  It is estimated that over 5 lakh students would avail of this benefit.

Welfare of Minorities

53.       The Plan outlay of Ministry of Minority Affairs has been enhanced from Rs.1,000 crore in BE 2008-09 to Rs.1,740 crore in 2009-10, registering an increase of 74%. This includes Rs.990 crore for Multi-Sectoral Development Programme for Minorities in selected minority concentration districts, Grants-in-aid to Maulana Azad Education Foundation which is almost doubled, and provisions for National Minorities Development and Finance Corporation and Pre-Matric and Post-Matric Scholarships for Minorities. Allocations have also been made for the new schemes of National Fellowship for Students from the Minority Community and Grants-in-aid to Central Wakf Council for computerization of records of State Wakf Boards.

54.       Aligarh Muslim University has decided to establish its campuses at Murshidabad in West Bengal and Malappuram in Kerala. I propose to make an allocation of Rs.25 crore each for these two campuses.

Welfare of workers in the unorganised sector

55.       The unorganised or informal sector of our economy accounts for 92% of the employment and absorbs bulk of the annual increase in our labour force. The Unorganised Workers Social Security Bill, 2007 has now been passed by both Houses of Parliament. I have already initiated action to ensure that social security schemes for occupations like weavers, fishermen and women, toddy tappers, leather and handicraft workers, plantation labour, construction labour, mine workers, bidi workers, and rikshaw pullers are implemented at the earliest. Necessary financial allocations will be made for these schemes.

Employment Exchanges

56.       I propose to launch a new project for modernisation of the Employment Exchanges in public private partnership so that a job seeker can register on-line from anywhere and approach any employment exchange. Under the project, a national web portal with common software will be developed.  This will contain all the data regarding availability of skilled persons on the one hand and requirements of skilled persons by the industry on the other.  It will help youth get placed and enable industry to procure required skills on real time basis.

Handlooms

57.       In the last Budget two mega handloom clusters at Varanasi and Sibsagar and two mega powerloom clusters at Erode and Bhiwandi were approved.  They are under successful implementation.  I propose to add one handloom mega cluster each in West Bengal and Tamil Nadu and one powerloom mega cluster in Rajasthan.  These will help preserve the magnificent textile traditions in West Bengal and Tamil Nadu and generate thousands of jobs in Rajasthan.  In addition, I propose to add new mega clusters for Carpets inSrinagar (J&K) and Mirzapur (UP).

Health

58.       The National Rural Health Mission is an essential instrument for achieving our goal of Health for all.  I propose an increase of Rs.2,057 crore over and above Rs.12,070 crore provided in the Interim Budget. 

59.       Rashtriya Swasthya Bima Yojana (RSBY) was operationalised last year.  The initial response has been very good.  More than 46 lakh BPL families in eighteen States and UTs have been issued biometric smart cards.  This scheme empowers poor families by giving them freedom of choice for using health care services from an extensive list of hospitals including private hospitals. Government proposes to bring all BPL families under this scheme. An amount of Rs.350 crore, marking 40% increase over the previous allocation, is being provided in 2009-10 Budget Estimates.

Environment and Climate Change

60.       The National Action Plan on Climate Change unveiled last year, outlines our strategy to adapt to Climate Change and enhance the ecological sustainability of our development path.  Following this, eight national missions representing a multi-pronged, long term  and integrated approach are being launched. I propose to provide necessary funds for these missions.

61.       Our government has already set up a National Ganga River Basin Authority (NGRBA). I propose increasing the budgetary outlay for the National River and Lake Conservation Plans to Rs.562 crore in 2009-10 from Rs.335 crore in 2008-09.

62.       I propose to make a special one-time grant of Rs.100 crore to the Indian Council of Forestry Research and Education, Dehradun in recognition of its excellence in the field of research, education and extension. I also propose an allocation of Rs.15 crore each for the Botanical Survey of India and  Zoological Survey of India.  An additional amount of Rs.15 crore is being allocated to  Geological Survey of India.

TOWARDS BUILDING ACCOUNTABLE INSTITUTIONS

Improving delivery of public services

63.       As substantial resources, both public and private, are mobilized to fuel the growth of the economy and make it more inclusive in character, efficiency of delivery must become the focus of government programmes. The enactment of the Right to Information Act at the Centre and in many states has been an important and successful step in this direction, ushering in greater transparency and accountability in the public decision-making process.

64.       The setting up of the Unique Identification Authority of India (UIDAI) is a major step in improving governance with regard to delivery of public services. This project is very close to my heart. I am happy to note that this project also marks the beginning of an era where the top private sector talent in India steps forward to take the responsibility for implementing projects of vital national importance.  The UIDAI will set up an online data base with identity and biometric details of Indian residents and provide enrolment and verification services across the country. The first set of unique identity numbers will be rolled out in 12 to 18 months. I have proposed a provision of Rs.120 crore for this project.

National Security

65.       For modernisation of Police force in the States, an additional amount of Rs.430 crore is being proposed, over and above the provisions in the Interim Budget.  The Government has also sanctioned special risk/hardship allowances to the personnel of Para Military Forces at par with Defence forces. Provisions for payment of these allowances are also being proposed in the Budget.

66.       For strengthening Border Management, an additional amount of Rs.2,284 crore, over and above the provision in the Interim Budget, is being provided for construction of fences, roads, flood-lights on the international borders.

67.       Significant augmentation in the strength of para-military forces is being done. This calls for more investment in creating the necessary infrastructure, particularly in the area of housing. The Government, therefore, proposes to launch a massive programme of housing to create 1 lakh dwelling units for Central Para-Military Forces personnel. This will not only contribute to the morale of the forces, but will also enable leveraging of governments annual budgetary resources and create an innovative financing model.

One Rank One Pension for Ex-Servicemen (OROP)

68.       Our country owes a deep debt of gratitude to our valiant ex-Servicemen.  The Committee headed by the Cabinet Secretary on OROP has submitted its report and the recommendations of the Committee have been accepted. On the basis of these recommendations, the Government has decided to substantially improve the pension of pre 1.1.2006 defence pensioners below officer rank (PBOR) and bring pre 10.10.1997 pensioners on par with post 10.10.1997 pensioners. Both these decisions will be implemented from 1st July 2009resulting in enhanced pension for more than 12 lakh jawans and JCOs. These measures will cost the exchequer more than Rs.2,100 crore annually. Certain pension benefits being extended to war wounded and other disabled pensioners are also being liberalised.

Education

69.       The demographic advantage India has in terms of a large percentage of young population needs to be converted into a dynamic economic advantage by providing them the right education and skills.  The provision for the scheme, Mission in Education through ICT,  has been substantially increased to Rs.900 crore. Similarly, the provision for setting up and up-gradation of Polytechnics under the Skill Development Mission has been increased to Rs.495 crore.  The government shall take forward its intent of having one CentralUniversity in each uncovered State and for this purpose I am allocating Rs.827 crore.  I am also allocating Rs.2,113 crore for IITs and NITs, which includes a provision of Rs.450 crore for new IITs and NITs.  The overall Plan budget for higher education is proposed to be increased by Rs.2,000 crore over Interim BE.

70.       Union Territory of Chandigarh is the capital of Punjab and Haryana. The facilities at Punjab University ,Chandigarh , need to be improved. I, therefore, propose to make an allocation of Rs.50 crore for this university. To enable the Union Territory Administration to provide better infrastructure to the people, I propose to suitably enhance the Plan allocation for Chandigarh during the current financial year.

Commonwealth Games 2010

71.       The Commonwealth Games present the country with an opportunity to showcase our potential as an emerging Asian Power. I propose to substantially enhance the allocations for the Commonwealth Games from Rs.2,112 crore in the Interim Budget to Rs.3,472 crore in the Budget for 2009-10.

72.       Madam Speaker, the Government is committed to ensure that Sri Lankan Tamils enjoy their rights and legitimate aspirations within the territorial sovereignty and framework of Sri Lanka s Constitution. The Ministry of External Affairs is working closely with the Sri Lankan Government in this regard. I propose to allocate Rs.500 crore for the rehabilitation of the internally displaced persons and reconstruction of the northern and eastern areas of Sri Lanka .

73.       As Honourable Members are aware, Cyclone Aila struck the coast of West Bengal in the last week of May 2009. Extensive damage was caused to roads, houses and infrastructure. While immediate interim relief has been provided from the Calamity Relief Fund (CRF), it is proposed to draw up a programme for rebuilding the damaged infrastructure. For this purpose, I propose to allocate Rs.1,000 crore.

BUDGET ESTIMATES 2009-10

            Madam Speaker, now I turn to the Budget Estimates for 2009-10.

74.       The Budget Estimates 2009-10 provide for a total expenditure of Rs.10,20,838 crore consisting of Rs.6,95,689 crore towards Non Plan and Rs.3,25,149 crore towards Plan expenditure. The increase in Non Plan expenditure over BE 2008-09 is 37% whereas the increase in Plan expenditure is 34%. The total increase in expenditure in 2009-10 over BE 2008-09 is 36%.

75.       The increase in Non Plan expenditure is mainly on account of the implementation of the Sixth Central Pay Commission recommendations, increased food subsidy and higher interest payment arising out of the larger fiscal deficit in 2008-09. Interest payments are estimated at Rs.2,25,511 crore constituting about 36% of Non Plan revenue expenditure in BE 2009-10. The total provision for subsidies are up from Rs.71,431 crore in BE 2008-09 to Rs.1,11,276 crore in BE 2009-10. The outlay on Defence has gone up from Rs.1,05,600 crore in BE 2008-09 to Rs.1,41,703 crore in BE 2009-10.

76.       Honourable Members may recall that while presenting the Interim Budget 2009-10, I had stated that the Plan expenditure for 2009-10 may have to be increased further as a part of counter-cyclical measures to minimise the impact of global recession and economic slowdown. Against the backdrop of limited fiscal space because of reduction in CENVAT and Service Tax rates, Government have taken a conscious and bold decision to enhance the Gross Budgetary Support (GBS) for the Annual Plan 2009-10 by Rs.40,000 crore over Interim Budget 2009-10. Bulk of this enhanced GBS is directed towards public investment in infrastructure with special emphasis on rural infrastructure, raising growth potential and leading to income generation. Besides, the State Governments will be permitted to borrow additional 0.5% of their GSDP by relaxing the fiscal deficit target under FRBM from 3.5% to 4% of their GSDP. This will enable the State Governments to raise additional open market loans of about Rs.21,000 crore in the current year. In other words, the total additionality in Plan expenditure by Centre and the States put together would be Rs.61,000 crore over Interim Budget. I do believe that this fiscal expansion will go a long way in reversing the impact of economic slowdown and accelerate our growth revival in the medium term.

77.       Madam Speaker, given the possibility of the economic downturn persisting in the current year, the gross tax receipts are budgeted at Rs.6,41,079 crore  in  BE 2009-10, compared to Rs.6,87,715 crore in BE 2008-09.  The non tax revenue receipts are, however, likely to be better and are estimated at Rs.1,40,279 crore in BE 2009-10 compared to Rs.95,785 crore in BE 2008-09.  The revenue deficit as a percentage of GDP is projected at 4.8% compared to 1% in BE 2008-09 and 4.6% as per provisional accounts of 2008-09. The fiscal deficit as a percentage of GDP is projected at 6.8% compared to 2.5% in BE 2008-09 and 6.2% as per provisional accounts 2008-09. This level of deficit is a matter of concern and Government will address this issue in right earnest to come back to the path of fiscal consolidation at the earliest.

78.       Madam Speaker, before I turn to my tax proposals, I cannot resist the temptation of re-visiting Kautilya. He said and I quote, Just as one plucks fruits from a garden as they ripen, so shall a King have revenue collected as it becomes due. Just as one does not collect unripe fruits, he shall avoid taking wealth that is not due because that will make the people angry and spoil the very sources of revenue.



PART - B

TAX PROPOSALS

79.       Madam Speaker, I shall now present my tax proposals. 

80.       As the House is aware, the thrust of reforms over the last few years, including the previous term of this Government, has been to improve the efficiency and equity of our tax system. This is sought to be achieved by eliminating distortions in the tax structure, introducing moderate levels of taxation and expanding the base. These policy changes have been accompanied by requisite re-engineering of key business processes coupled with automation, both for direct and indirect taxes. On the direct tax side, a recent initiative for further improving efficiency is the setting up of a Centralized Processing Centre (CPC) at Bengaluru where all electronically filed returns, and paper returns filed in entire Karnataka, will be processed.

81.       These tax reform initiatives have produced impressive results. The Centres Tax- GDP ratio has increased to 11.5 per cent in 2008-09 from a low of 9.2 per cent in 2003-04.  The healthy growth in tax revenues over the last five years is essentially attributable to growth in direct taxes. Further, the share of direct taxes in the Centres tax revenues has increased to 56 per cent in 2008-09 from 41 per cent in 2003-04, reflecting a sharp improvement in the equity of our tax system.   The Government is committed to furthering this process of tax reform.   

82.       In the course of preparation of this budget, I have had the opportunity to interact with large number of stakeholders and receive valuable inputs.  Most suggestions were for structural changes in the tax system. Tax reform, like all reforms, is a process and not an event.  Therefore, I propose to pursue structural changes in direct taxes by releasing the new Direct Taxes Code within the next 45 days and in indirect taxes by accelerating the process for the smooth introduction of the Goods and Services Tax (GST) with effect from 1st April, 2010 . 

83.       The Direct Taxes Code, along with a Discussion Paper, will be released to the public for debate. Based on the inputs received, the Government will finalise the Direct Taxes Code Bill for introduction in this House sometime during the Winter Session. 

84.       To further enhance efficiency in tax administration, I intend to merge the two Authorities for Advance Rulings on Direct and Indirect Taxes by amending the relevant Acts. This will enable the Authority for Advance Rulings set up under Section 245-O of the Income Tax Act, 1961 to also function as the Authority for Advance Rulings for Indirect Taxes.

85.       I have been informed that the Empowered Committee of State Finance Ministers has made considerable progress in preparing the roadmap and the design of the GST. Officials from the Central Government have also been associated in this exercise. I am glad to inform the House that, through their collaborative efforts, they have reached an agreement on the basic structure in keeping with the principles of fiscal federalism enshrined in the Constitution. I compliment the Empowered Committee of State Finance Ministers for their untiring efforts.  The broad contour of the GST Model is that it will be a dual GST comprising of a Central GST and a State GST.  The Centre and the States will each legislate, levy and administer the Central GST and State GST, respectively. I will reinforce the Central Governments catalytic role to facilitate the introduction of GST by 1st April, 2010 after due consultations with all stakeholders.

DIRECT TAXES

86.       I shall now deal with direct taxes. 

87.       Madam Speaker, there have been demands by the corporate sector for reduction in tax rates. However, tax rates are determined by the size of the tax base; if the tax base is higher, the tax rates can be lower.  The Income Tax Act is riddled with a plethora of tax exemptions which substantially erode the tax base. The extent of this erosion is presented to this House in the form of a Revenue Foregone Statement.  The growth in the direct tax revenue foregone is relatively higher than the growth in the direct tax revenues. Accordingly, I do not propose to make any change in the Corporate Tax rates.

88.       With a view to providing interim relief to small and marginal taxpayers and senior citizens, I propose to increase the personal income tax exemption limit by Rs.15,000 from Rs.2.25 lakh to Rs.2.40 lakh for senior citizens. Similarly I also propose to raise the exemption limit by Rs.10,000 from Rs.1.80 lakh to Rs.1.90 lakh for women tax payers and by Rs.10,000 from Rs.1.50 lakh to Rs.1.60 lakh for all other categories of individual taxpayers.  Further, I also propose to increase the deduction under section 80-DD in respect of maintenance, including medical treatment, of a dependent who is a person with severe disability to Rs.1 lakh from the present limit of Rs.75,000. 

89.       In the past, surcharges on direct taxes have generally been levied to meet the revenue needs arising from natural calamities.  The Government has set up the National Calamity Contingency Fund to build up resources to meet emergency situations.  As a corollary, surcharge on direct taxes should be removed. However, this has to be balanced with the revenue needs of the Government.  Therefore, in the first instance, I propose to phase out the surcharge on various direct taxes by eliminating the surcharge of 10 per cent on personal income tax.

90.       Deduction in respect of export profits is available under sections 10A and 10B of the Income-tax Act. The deduction under these sections would not be available beyond the financial year 2009-2010. In order to tide over the slowdown in exports, I propose to extend the sun-set clauses for these tax holidays by one more year i.e. for the financial year 2010-11.

91.       The Finance Act, 2005 introduced the Fringe Benefit Tax on the value of certain fringe benefits provided by employers to their employees. This tax has been perceived as imposing considerable compliance burden.  Empathising with these sentiments, I propose to abolish the Fringe Benefit Tax.

92.       The competitive ability of an economy rests on its progress in the area of Research and Development (R&D). In order to incentivise the corporate sector to undertake R&D work, I propose to extend the scope of the current provision of weighted deduction of 150% on expenditure incurred on in-house R&D to all manufacturing businesses except for a small negative list.

93.       Under the present scheme of the Income Tax Act, tax exemptions are largely profit-linked.  Such incentives are inherently inefficient and liable to misuse.  Therefore, it is proposed to incentivise businesses by providing investment-linked tax exemptions.  To begin with, I propose to extend investment- linked tax incentives to the businesses of setting up and operating cold chain, warehousing facilities for storing agricultural produce and the business of laying and operating cross country natural gas or crude or petroleum oil pipeline network for distribution on common carrier principle.  Under this method, all capital expenditure, other than expenditure on land, goodwill and financial instruments will be fully allowable as deduction.

94.       Minimum Alternate Tax (MAT) was introduced to address inequity in taxation of corporate taxpayers. In the quest for greater equity, I propose to increase the rate of MAT to 15 per cent of book profits from the present rate of 10 per cent. However, to grant relief to corporate taxpayers, I also propose to extend the period allowed to carry forward the tax credit under MAT from seven years to ten years.

95.       The New Pension System (NPS) is an important milestone in the development of a sustainable, efficient, voluntary and defined contribution pension system in India . While the NPS will continue to be subjected to the Exempt-Exempt-Taxed (EET) method of tax treatment of savings, it is proposed to provide necessary fiscal support to the NPS for the establishment of this much needed social security system. Accordingly, I propose to exempt the income of the NPS Trust from income tax and any dividend paid to this Trust from Dividend Distribution Tax.  Similarly, all purchase and sale of equity shares and derivatives by the NPS Trust will also be exempt from the Securities Transaction Tax. I also propose to enable self employed persons to participate in the NPS and avail of the tax benefits available thereto.

96.       In order to further improve the investment climate in the country, we need to facilitate the resolution of tax disputes faced by foreign companies within a reasonable time frame.  This is particularly relevant for such companies in the Information Technology (IT) sector. I, therefore, propose to create an alternative dispute resolution mechanism within the Income Tax Department for the resolution of transfer pricing disputes. To reduce the impact of judgemental errors in determining transfer price in international transactions, it is proposed to empower the Central Board of Direct Taxes (CBDT) to formulate safe harbour rules.

97.       The Finance Act, 2008 introduced the Commodity Transaction Tax (CTT) to be levied on taxable commodities transactions entered in a recognized association. The Prime Ministers Economic Advisory Council has recommended abolition of the CTT.  I, therefore, propose to abolish the Commodity Transaction Tax.

98.       The House will agree that it is desirable to bring about transparency in the funding of political parties in the country. With a view to reforming the system of funding of political parties, I propose to provide that donations to electoral trusts shall be allowed as a 100 per cent deduction in the computation of the income of the donor.  For this purpose, Electoral Trusts will be such trusts as are set up as pass-through vehicles for routing the donations to political parties and are approved by CBDT.

99.       Section 80E of the Income-tax Act provides for a deduction in respect of interest on loans taken for pursuing higher education in specified fields of study. I propose to extend the scope of this provision to cover all fields of study, including vocational studies, pursued after completion of schooling.

100.     Anonymous donations to charitable institutions are presently liable to tax so as to prevent unaccounted money being routed to such entities in the garb of anonymous donations. However, some organisations are facing genuine problems in complying with the procedural requirements.  In order to mitigate the practical difficulties being faced by such charitable organisations, I propose to grant relief to such organisations by not taxing anonymous donations received to the extent of 5 per cent of their total income or a sum of Rs.1 lakh, whichever is higher.

101.     To facilitate the business operations of all small taxpayers and reduce their compliance burden, I propose to expand the scope of presumptive taxation to all small businesses with a turnover upto Rs.40 lakh. All such taxpayers will have the option to declare their income from business at the rate of 8 per cent of their turnover and simultaneously enjoy exemption from the compliance burden of maintaining books of accounts. As a procedural simplification, I also propose to allow them to pay their entire tax liability from business at the time of filing their return by exempting them from paying advance tax.  This new scheme will come into effect from the financial year 2010-11.

102.     Madam Speaker, in the context of the geo-political environment, it is necessary for us to create our own facilities for energy security.  Accordingly, I propose to extend the tax holiday under section 80-IB(9) of the Income Tax Act, which was hitherto available in respect of profits arising from the commercial production or refining of mineral oil, also to natural gas.  This tax benefit will be available to undertakings in respect of profits derived from the commercial production of mineral oil and natural gas from oil and gas blocks which are awarded under the New Exploration Licensing Policy-VIII round of bidding. Further, I also propose to retrospectively amend the provisions of the said section to provide that undertaking for the purposes of section 80-IB(9) will mean all blocks awarded in any single contract.

103.     Under the present provisions of section 2 (15) of the Income Tax Act, charitable purpose includes relief of the poor, education, medical relief, and the advancement of any other object of general public utility. However, the advancement of any other object of general public utility cannot involve the carrying on of any activity in the nature of trade, commerce or business.  I propose to provide the same tax treatment to trusts engaged in preserving and improving our environment (including watersheds, forests and wildlife) and preserving our monuments or places or objects of artistic or historic interest, as is available to trusts engaged in providing relief of the poor, education and medical relief.

INDIRECT TAXES

104.     Madam Speaker, I turn to my main proposals on indirect taxes.

105.     I will first take up customs duties.

106.     Although our domestic industry has weathered the impact of the global financial crisis and the resultant slowdown with resilience, it is yet to fully find its feet. Manufacturing growth, which had turned negative in October 2008 on a year-on-year basis and remained in that zone till March this year, appears to be barely turning the corner. However, the global scenario remains worrisome and it is my view that the paramount need is to provide industry with a stable framework. My proposals on indirect taxes seek to achieve this by maintaining the overall rate structure for customs and central excise duties as well as service tax. I must hasten to add that I have not hesitated to act where distortions provide a compelling reason or where relief would provide a healing touch.

107.     Full exemption from basic customs duty was provided to Set Top Boxes in 2006 to enable their free import for the smooth introduction of the Conditional Access System (CAS). Now that production capacity has come up in the country, I propose to impose a nominal basic customs duty of 5 per cent on such Set Top Boxes to encourage domestic value addition. 

108.     The electronic hardware industry has a strong potential for creating employment especially in the SME sector. I intend to reduce the basic customs duty on LCD panels from 10 per cent to 5 per cent to support indigenous production of LCD televisions.

109.     Full exemption from CVD of 4 per cent was available to accessories, parts and components imported for the manufacture of mobile phones till the 30th of June, 2009 . I propose to reintroduce this exemption for another year.

110.     For reasons that are apparent, industry sectors having an export-orientation have been adversely impacted by the demand compression in global markets. Presently, exporters of leather products, textile garments, footwear as well as sports goods are permitted to import raw materials, consumables etc. upto 3 per cent of the fob value of their exports free of duty. I propose to add a few more items to these lists. Full exemption from basic customs duty is being provided to rough corals for encouraging value-addition and export.

111.     It is imperative that the contribution of new and renewable energy sources of power is enhanced if we have to successfully combat the phenomena of global warming and climate change. I am reducing the basic customs duty on permanent magnets - a critical component for Wind Operated Electricity Generators - from 7.5 per cent to 5 per cent.

112.     On influenza vaccine and nine specified life saving drugs used for the treatment of breast cancer, hepatitis-B, rheumatic arthritis etc. and on bulk drugs used for the manufacture of such drugs, I propose to reduce the customs duty from 10 per cent to 5 per cent. They will also be totally exempt from excise duty and countervailing duty.

113.     Customs duty will also be reduced from 7.5 per cent to 5 per cent on two specified life saving devices used in treatment of heart conditions. These devices will be fully exempt from excise duty and CVD also.

114.     Gold bars currently attract customs duty at the specific rate of Rs.100 per ten grams while other forms of gold (excluding jewellery) are chargeable to a duty of Rs.250 per ten grams. These rates were fixed in 2004 and have not been reviewed even as the price of gold has increased manifold. I propose to partially restore the incidence by increasing these rates to Rs.200 per ten grams and Rs.500 per ten grams respectively. Along the same lines, the customs duty on silver (excluding jewellery) will be increased from Rs.500 per kg to Rs.1,000 per kg. These revised rates would also apply to gold and silver, including ornaments that are not studded, when imported by a bona fide passenger as baggage.

115.     I will now come to central excise duties.

116.     Honble Members are aware that the Government announced a series of fiscal stimulus packages, one of the key elements of which was the sharp reduction in the ad valorem rates of Central Excise duty for non-petroleum products by 4 percentage points across the board on 7th of December 2008 and by another 2 percentage points in the mean CENVAT rate on the 24th of February, 2009.

117.     One of the consequences of these cuts was that pure cotton textiles came to be fully exempted from excise duty. We have received representations that full exemption prevents manufacturers from availing of export rebate of the duty paid from CENVAT credit. I propose to rectify this situation by restoring the erstwhile optional rate of 4 per cent for cotton textiles beyond the fibre stage.

118.     Ever since the revamp of the excise duty structure on textiles by my distinguished predecessor in the 2004 budget, a differential in rates has been maintained between the cotton sector and the manmade sector. In keeping with the integrity of the earlier structure, I propose to restore the rate of 8 per cent Central Excise duty on manmade fibre and yarn on a mandatory basis and on stages beyond fibre and yarn at that rate on optional basis. These changes, together with duty changes on intermediates, would imply that the duty on all types of manmade fibre and yarn and their intermediates would be the same, easing the problem of credit accumulation.

119.     Wool waste and cotton waste are chargeable to basic customs duty of 15 per cent.  These are used in the manufacture of cheaper varieties of textile articles such as blankets and rugs.  As a measure of relief to this sector, I propose to reduce the basic customs duty on these items to 10 per cent. 

120.     With the Governments proclaimed objective of introducing a Goods and Services Tax (GST) both at the national and State level, some more steps in that direction are necessary.  One measure that would facilitate the process is the further convergence of central excise duty rates to a mean rate - currently 8 per cent.  I have reviewed the list of items currently attracting the rate of 4 per cent, the only rate below the mean rate.  There is a case for enhancing the rate on many items appearing in this list to 8 per cent, which I propose to do, with the following major exceptions:

        food items; and

        drugs, pharmaceuticals and medical equipment.

            Some of the other items on which I propose to retain the rate of 4 per cent are:

        paper, paperboard & their articles;

        items of mass consumption such as pressure cookers, cheaper electric bulbs, low-priced footwear, water filters/purifiers, CFL etc.;

        power driven pumps for handling water; and

        paraxylene.

            The details are available in the relevant notifications.      

121.     Bio-diesel, obtained from vegetable oils and used for blending with petro-diesel, is currently exempt from excise duty.  I now propose to fully exempt petro-diesel blended with bio-diesel from excise duty.

122.     In order to encourage the use of this environment friendly fuel and augment its availability in the country, I also propose to reduce basic customs duty on bio-diesel from 7.5 per cent to 2.5 per cent - at par with petro-diesel.  With these proposals I hope to see a smile on the faces of the green brigade!

123.     My other proposals on central excise duties seek to address distortions that the manufacturing industry has been complaining about. 

124.     The IT industry has pointed out that it is facing difficulties in the assessment of software which involves transfer of the right to use after the levy of service tax on IT software service. To resolve the matter, I propose to exempt the value attributable to the transfer of the right to use packaged software from excise duty and CVD.

125.     The construction industry has represented that they are facing difficulties on account of withdrawal of exemption on goods manufactured at site. I propose to restore full exemption to such goods, including pre-fabricated concrete slabs or blocks, when used for further construction at site.

126.     A specific component was added to the ad valorem duty of 24 per cent applicable to large cars and utility vehicles in June last year.  In the case of vehicles of engine capacity below 2000 cc, this component was Rs.15,000/- per unit while for vehicles of higher engine capacity it was Rs.20,000/- per unit.  These rates are now being unified at the lower level of Rs.15,000/- per unit.

127.     Petrol driven trucks provide a useful means of transport within cities and across short distances. These are chargeable to excise duty of 20 per cent.  I propose to reduce excise duty on these trucks to 8 per cent to equate the duty with similar vehicles run on diesel.  

128.     Madam Speaker, I fear that my proposals relating to gold and silver on the customs side would somewhat dent my popularity with women.  I propose to salvage this by fully exempting branded jewellery from excise duty.   

129.     I now turn to my proposals on service tax. 

130.     It is an international practice to zero-rate exports. To achieve this objective, a scheme was announced in 2007, granting refund of service tax paid on certain taxable services used after the clearance of export goods from the factory.  For some time now, the exporting community has been expressing dissatisfaction over the difficulties faced in obtaining such refunds. Several procedural simplifications attempted in the past have also not yielded satisfactory results. The solution seems to lie in placing greater trust on the claims filed by the exporters.  Keeping this in view, I propose to make the following changes in the scheme: 

        Services received by exporters from goods transport agents and commission agents, where the liability to pay service tax is ab initio on the exporter, would be exempted from service tax.  Thus, there would be no need for the exporter to first pay the tax and later claim refund.

        For other services received by exporters, the exemption would be operated through the existing refund mechanism based on self-certification of the documents where such refund is below 0.25 per cent of  fob value, and certification of documents by a Chartered Accountant for value of refund exceeding the above limit.  

131.     The Export Promotion Councils and the Federation of Indian Export Organizations (FIEO) provide a valuable service in augmenting our export effort.  I propose  to exempt them from the levy of service tax on the membership and other fees collected by them till 31st March, 2010 . 

132.     In the goods transport sector, service tax is currently levied on transport of goods by road, by air, through pipelines and in containers.  However, goods carried by Indian railways or those carried as coastal cargo or through inland waterways are not charged to service tax.   In order to provide a level playing field in the goods transport sector, I propose to extend the levy of service tax to these modes of goods transport.  The new levy is not likely to impact the prices of essential commodities or goods for mass consumption, as suitable exemptions would be provided.

133.     As the Honble Members are aware, services provided by chartered accountants, cost accountants, and company secretaries as well as by engineering and management consultants are presently charged to service tax.  Although there is a school of thought that legal consultants do not provide any service to their client, I hold my distinguished predecessor in high esteem and disagree!  As such, I propose to extend service tax on advice, consultancy or technical assistance provided in the field of law.  This tax would not be applicable in case the service provider or the service receiver is an individual.

134.     Vehicles having Stage Carriage Permits and run by State undertakings are exempted from service tax. However, transportation of passengers undertaken by private enterprises in vehicles having Contract Carriage Permits is, subjected to service tax.  In order to bring parity in tax treatment, I propose to exempt such transportation also from the levy of service tax.

135.     In July, 2008 goods transport agents (GTA) went on strike with several demands.  One of the demands that was accepted by the government was to exempt certain services, such as packing, cargo handling and warehousing, provided to GTAs en route, from service tax.  For this purpose an exemption notification was issued. It was also demanded by goods transport agents that the proceedings already initiated against such service providers should be dropped.  The Government has accepted this genuine demand. Therefore, I propose to make certain legislative changes required to fulfill this promise.

136.     Copies of notifications giving effect to the changes in customs, central excise and service tax will be laid on the Table of the House in due course.

137.     My tax proposals on direct taxes are revenue neutral. On indirect taxes, they are estimated to yield a net gain of Rs.2,000 crore for a full year.

CONCLUSION

138.     As we begin this five year journey, the road ahead will not be easy. We will have to manage uncertainties and there will be as many problems as there would be solutions.  Mahatma Gandhi said and I quote, Democracy is the art and science of mobilizing the entire physical, economic and spiritual resources of various sections of the people in the service of the common good of all. This is precisely what we will have to do. With strong hearts, enlightened minds and willing hands, we will have to overcome all odds and remove all obstacles to create a brave new India of our dreams.

139.     Madam Speaker, with these words I commend the budget to the House.

Guest (Guest)     11 July 2009

 Budget at Glance

     
      

 
 

  (In Crore of Rupees)

    2007-2008 Actuals 2008-2009 Budget Estimates

 

2008-2009 Revised Estimates 2009-2010 Budget Estimates
1.    Revenue Receipts 541864 602935 562173 614497
       2.    Tax Revenue (net to Centre) 439547 507150 465970 474218
       3.    Non-tax Revenue 102317 95785 96203 140279
4.    Capital Receipts (5+6+7)$  170807 147949 338780 406341
       5.    Recoveries of   Loans 5100 4497 9698 4225
       6.    Other Receipts 38795 10165 2567 1120
       7.    Borrowings and other

              Liabilities*
126912 133287 326515 400996
8.    Total Receipts  (1+4)$ 712671 750884 900953 1020838
9.    Non-plan Expenditure       507589 507498 617996 695689
      10.   On Revenue Account  of          

              which,
420861 448352 561790 618834
      11.   Interest  Payments 171030 190807 192694 225511
      12.   On Capital Account 86728 59146 56206 76855
13.   Plan Expenditure 205082 243386 282957 325149
      14.   On Revenue Account 173572 209767 241656 278398
      15.   On Capital Account 31510 33619 41301 46751
16.   Total Expenditure (9+13) 712671 750884 900953 1020838
      17.   Revenue Expenditure

             (10+14)
594433 658119 803446 897232
      18.   Capital Expenditure

             (12+15)
118238 92765 97507 123606
19.   Revenue Deficit (17-1) 52569

(1.1)
55184

(1.0)
241273

(4.4)
282735

(4.8)
20.   Fiscal Deficit

       {16-(1+5+6)}
126912

(2.7)
133287

(2.5)
326515

(6.0)
400996

(6.8)
21.   Primary Deficit (20-11) -44118

-(0.9)
-57520

-(1.1)
133821

(2.5)
175485

(3.0)

$ Does not include receipts in respect of Market Stabilization Scheme.

* Includes draw-down of Cash Balance.

Note : GDP for BE 2009-2010 has been projected at Rs.5856569 crore assuming 10.05% growth over the  

          revised estimates of 2008-2009 (Rs.5321753 crore) released by CSO. Deficit indicators in RE 2008-09

          have been retained on the basis of advance estimate for 2008-09 (Rs. 5426277 crore).

Guest (Guest)     11 July 2009

Finance Bill

 1

 
AS INTRODUCED IN LOK SABHA
ON 6TH JULY, 2009
Bill No. 33 of 2009
THE FINANCE (No. 2) BILL, 2009
A
BILL
to give effect to the financial proposals of the Central Government for the
financial year 2009-2010.
BE it enacted by Parliament in the Sixtieth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Finance (No. 2) Act, 2009.
(2) Save as otherwise provided in this Act, sections 2 to 83 shall be deemed to have come into force
on the 1st day of April, 2009.
CHAPTER II
RATES OF INCOME-TA X
2. (1) Subject to the provisions of sub-sections (2) and (3), for the assessment year commencing on
the 1st day of April, 2009, income-tax shall be charged at the rates specified in Part I of the First
Schedule and such tax shall be increased by a surcharge, for purposes of the Union, calculated in
each case in the manner provided therein.
(2) In the cases to which Paragraph A of Part I of the First Schedule applies, where the assessee
has, in the previous year, any net agricultural income exceeding five thousand rupees, in addition to
total income, and the total income exceeds one lakh 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 one
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 one 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 woman, resident in India and below the age of sixty-five years at
any time during the previous year, referred to in item (II) of Paragraph A of Part I of the First Schedule,
the provisions of this sub-section shall have effect as if for the words "one lakh fifty thousand rupees",
the words "one lakh eighty thousand rupees" had been substituted:
Provided further that in the case of every individual, being a resident in India, who is of the age of
sixty-five 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 "one
lakh fifty thousand rupees", the words "two lakh twenty-five thousand rupees" had been substituted:
Provided also that the amount of income-tax so arrived at, shall be increased by a surcharge, for
purposes of the Union, calculated in each case in the manner provided in that Paragraph and the sum
so arrived at shall be the income-tax in respect of the total income.
Income-tax.
Short title and
commence-
5 ment.
10
15
20
25
40
30
35

Guest (Guest)     11 July 2009

 Finance Bill

 

 

https://indiabudget.nic.in

CHAPTER II

RATES OF INCOME-TAX

2. (1) Subject to the provisions of sub-sections (2) and (3), for the assessment year commencing on the

1st day of April, 2009, income-tax shall be charged at the rates specified in Part I of the First Schedule and

such tax shall be increased by a surcharge, for purposes of the Union, calculated in each case in the

manner provided therein.

(2) In the cases to which Paragraph A of Part I of the First Schedule applies, where the assessee has, in

the previous year, any net agricultural income exceeding five thousand rupees, in addition to total income,

and the total income exceeds one lakh 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 one 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 incometax

shall be determined in respect of the aggregate income at the rates specified in the said Paragraph

A, as if such aggregate income were the total income;

(ii) the net agricultural income shall be increased by a sum of one lakh 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 woman, resident in India and below the age of sixty-five years at any

time during the previous year, referred to in item (II) of Paragraph A of Part I of the First Schedule, the

provisions of this sub-section shall have effect as if for the words "one lakh fifty thousand rupees", the words

"one lakh eighty thousand rupees" had been substituted:

Provided further that in the case of every individual, being a resident in India, who is of the age of sixtyfive

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 "one lakh fifty thousand

rupees", the words "two lakh twenty-five thousand rupees" had been substituted:

Provided also that the amount of income-tax so arrived at, shall be increased by a surcharge, for

purposes of the Union, calculated in each case in the manner provided in that Paragraph and the sum so

arrived at shall be the income-tax in respect of the total income.

(3) In cases to which the provisions of Chapter XII or Chapter XII-A or Chapter XII-H or section 115JB 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 111A or

section 112 shall be increased by a surcharge, for purposes of the Union, as provided in Paragraph A, B, C,

D or E, as the case may be, of Part I of the First Schedule:

Provided further that in respect of any income chargeable to tax under sections 115A, 115AB, 115AC,

115ACA, 115AD, 115B, 115BB, 115BBA, 115BBC, 115E and 115JB or fringe benefits chargeable to tax

under section 115WA 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,—

https://indiabudget.nic.in

(a) in the case of every individual, Hindu undivided family, association of persons and body of

individuals, whether incorporated or not, at the rate of ten per cent. of such income-tax where the total

income exceeds ten lakh rupees;

(b) in the case of every artificial juridical person referred to in sub-clause (vii) of clause (31) of section 2

of the Income-tax Act, at the rate of ten per cent. of such income-tax;

(c) in the case of every firm and domestic company, at the rate of ten per cent. of such income-tax

where the total income exceeds one crore rupees;

(d) in the case of every company, other than a domestic company, at the rate of two and one-half per

cent. of such income-tax where the total income exceeds one crore rupees:

Provided also that in the case of every company having total income chargeable to tax under section

115JB of the Income-tax Act, and such income exceeds one crore rupees, the total amount payable as

income-tax and surcharge on such income-tax shall not exceed the total amount payable as income-tax on a

total income of one crore rupees by more than the amount of income that exceeds one crore rupees:

Provided also that in respect of any fringe benefits chargeable to tax under section 115WA of the Incometax

Act, 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 association of persons and body of individuals, whether incorporated or not, at

the rate of ten per cent. of income-tax where the fringe benefits exceed ten lakh rupees;

(b) in the case of every firm, artificial juridical person referred to in sub-clause (v) of clause (a) of

section 115W of the Income-tax Act, and domestic company, at the rate of ten per cent. of such incometax;

(c) in the case of every company, other than a domestic company, at the rate of two and one-half per

cent. of such income-tax.

(4) In cases in which tax has to be charged and paid under section 115-O or sub-section (2) of section

115R of the Income-tax Act, the tax shall be charged and paid at the rates as specified in those sections and

shall be increased by a surcharge, for purposes of the Union, calculated at the rate of ten per cent. of such

tax.

(5) In cases in which tax has to be deducted under sections 193, 194, 194A, 194B, 194BB, 194D and 195

of the Income-tax Act, at the rates in force, the deductions shall be made at the rates specified in Part II of

the First Schedule and shall be increased by a surcharge, for purposes of the Union, calculated in cases

wherever prescribed, in the manner provided therein.

(6) In cases in which tax has to be deducted under sections 194C, 194E, 194EE, 194F, 194G, 194H,

194-I, 194J, 194LA, 196B, 196C and 196D of the Income-tax Act, the deductions shall be made at the rates

specified in those sections and shall be increased by a surcharge, for purposes of the Union, in the case of

every company, other than a domestic company, calculated at the rate of two and one-half per cent. of such

tax, where the income or the aggregate of such incomes paid or likely to be paid and subject to the

deduction exceeds one crore rupees.

(7) In cases in which tax has to be collected under the proviso to section 194B of the Income-tax Act, the

collection shall be made at the rates specified in Part II of the First Schedule, and shall be increased by a

surcharge, for purposes of the Union, calculated, in cases wherever prescribed, in the manner provided

therein.

(8) In cases in which tax has to be collected under section 206C of the Income-tax Act, the collection shall

be made at the rates specified in that section and shall be increased by a surcharge, for purposes of the

Union, in the case of every company, other than a domestic company, calculated at the rate of two and onehalf

per cent. of such tax, where the amount or the aggregate of such amounts collected and subject to the

collection exceeds one crore rupees.

(9) Subject to the provisions of sub-section (10), in cases in which income-tax has to be charged under

sub-section (4) of section 172 or sub-section (2) of section 174 or section 174A or section 175 or subsection

(2) of section 176 of the Income-tax Act or deducted from, or paid on, income chargeable under the

https://indiabudget.nic.in

head "Salaries" under section 192 of the said Act or in which the "advance tax" payable under Chapter XVIIC

of the said Act has to be computed at the rate or rates in force, such income-tax or, as the case may be,

"advance tax" shall be so charged, deducted or computed at the rate or rates specified in Part III of the First

Schedule and such tax shall be increased by a surcharge, for purposes of the Union, calculated in such

cases and in such manner as provided therein:

Provided that in cases to which the provisions of Chapter XII or Chapter XII-A or section 115JB or subsection

(1A) of section 161 or section 164 or section 164A or section 167B of the Income-tax Act apply,

"advance tax" shall be computed with reference to the rates imposed by this sub-section or the rates as

specified in that Chapter or section, as the case may be:

Provided further that the amount of "advance tax" computed in accordance with the provisions of section

111A or section 112 of the Income-tax Act shall be increased by a surcharge, for purposes of the Union, as

provided in Paragraph E of Part III of the First Schedule pertaining to the case of a company:

Provided also that in respect of any income chargeable to tax under sections 115A, 115AB, 115AC,

115ACA, 115AD, 115B, 115BB, 115BBA, 115BBC, 115E and 115JB of the Income-tax Act, "advance tax"

computed under the first proviso shall be increased by a surcharge, for purposes of the Union, calculated,—

(a) in the case of every domestic company, at the rate of ten per cent. of such "advance tax" where the

total income exceeds one crore rupees;

(b) in the case of every company, other than a domestic company, at the rate of two and one-half per

cent. of such "advance tax" where the total income exceeds one crore rupees:

Provided also that in the case of every company having total income chargeable to tax under section

115JB of the Income-tax Act, and such income exceeds one crore rupees, the total amount payable as

"advance tax" on such income and surcharge thereon, shall not exceed the total amount payable as

"advance tax" on a total income of one crore rupees by more than the amount of income that exceeds one

crore rupees.

(10) In cases to which Paragraph A of Part III of the First Schedule applies, where the assessee has, in

the previous year or, if by virtue of any provision of the Income-tax Act, income-tax is to be charged in

respect of the income of a period other than the previous year, in such other period, any net agricultural

income exceeding five thousand rupees, in addition to total income and the total income exceeds one lakh

sixty 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 one lakh sixty

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 incometax

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 one lakh sixty 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 woman, resident in India and below the age of sixty-five years at any

time during the previous year, referred to in item (II) of Paragraph A of Part III of the First Schedule, the

https://indiabudget.nic.in

provisions of this sub-section shall have effect as if for the words "one lakh sixty thousand rupees", the

words "one lakh ninety thousand rupees" had been substituted:

Provided further that in the case of every individual, being a resident in India, who is of the age of sixtyfive

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 "one lakh sixty

thousand rupees", the words "two lakh forty thousand rupees" had been substituted.

(11) The amount of income-tax as specified in sub-sections (1) to (10) and as increased by the applicable

surcharge, for purposes of the Union, calculated in the manner provided therein, shall be further increased

by an additional surcharge, for purposes of the Union, to be called the "Education Cess on income-tax",

calculated at the rate of two per cent. of such income-tax and surcharge so as to fulfil the commitment of the

Government to provide and finance universalised quality basic education:

Provided that nothing contained in this sub-section shall apply to cases in which tax is to be deducted or

collected under the sections of the Income-tax Act mentioned in sub-sections (5), (6), (7) and (8), if the

income subjected to deduction of tax at source or collection of tax at source is paid to a domestic company

and any other person who is resident in India.

(12) The amount of income-tax as specified in sub-sections (1) to (10) and as increased by the applicable

surcharge, for purposes of the Union, calculated in the manner provided therein, shall also be increased by

an additional surcharge, for purposes of the Union, to be called the "Secondary and Higher Education Cess

on income-tax", calculated at the rate of one per cent. of such income-tax and surcharge so as to fulfil the

commitment of the Government to provide and finance secondary and higher education:

Provided that nothing contained in this sub-section shall apply to cases in which tax is to be deducted or

collected under the sections of the Income-tax Act mentioned in sub-sections (5), (6), (7) and (8), if the

income subjected to deduction of tax at source or collection of tax at source is paid to a domestic company

and any other person who is resident in India.

(13) For the purposes of this section and the First Schedule,—

(a) "domestic company" means an Indian company or any other company which, in respect of its

income liable to income-tax under the Income-tax Act, for the assessment year commencing on the 1st

day of April, 2009, 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.

Guest (Guest)     11 July 2009

Finance Bill Chapter 3

 

 

the provisions of this sub-section shall have effect as if for the words "one lakh sixty thousand rupees",
the words "one lakh ninety thousand rupees" had been substituted:
Provided further that in the case of every individual, being a resident in India, who is of the age of
sixty-five 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 "one
lakh sixty thousand rupees", the words "two lakh forty thousand rupees" had been substituted.
(11) The amount of income-tax as specified in sub-sections (1) to (10) and as increased by the
applicable surcharge, for purposes of the Union, calculated in the manner provided therein, shall be
further increased by an additional surcharge, for purposes of the Union, to be called the "Education
Cess on income-tax", calculated at the rate of two per cent. of such income-tax and surcharge so as to
fulfil the commitment of the Government to provide and finance universalised quality basic education:
Provided that nothing contained in this sub-section shall apply to cases in which tax is to be deducted
or collected under the sections of the Income-tax Act mentioned in sub-sections (5), (6), (7) and (8), if
the income subjected to deduction of tax at source or collection of tax at source is paid to a domestic
company and any other person who is resident in India.
(12) The amount of income-tax as specified in sub-sections (1) to (10) and as increased by the applicable
surcharge, for purposes of the Union, calculated in the manner provided therein, shall also be increased
by an additional surcharge, for purposes of the Union, to be called the "Secondary and Higher Education
Cess on income-tax", calculated at the rate of one per cent. of such income-tax and surcharge so as to
fulfil the commitment of the Government to provide and finance secondary and higher education:
Provided that nothing contained in this sub-section shall apply to cases in which tax is to be deducted
or collected under the sections of the Income-tax Act mentioned in sub-sections (5), (6), (7) and (8), if
the income subjected to deduction of tax at source or collection of tax at source is paid to a domestic
company and any other person who is resident in India.
(13) For the purposes of this section and the First Schedule,—
(a) "domestic company" means an Indian company or any other company which, in respect of its
income liable to income-tax under the Income-tax Act, for the assessment year commencing on the
1st day of April, 2009, 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,—
(a) in clause (15), after the words "medical relief,", the words and brackets "preservation of
environment (including watersheds, forests and wildlife) and preservation of monuments or places
or objects of artistic or historic interest," shall be inserted;
(b) after clause (22AA), the following clause shall be inserted with effect from the 1st day of April,
2010, namely:—
'(22AAA) "electoral trust" means a trust so approved by the Board in accordance with the
scheme made in this regard by the Central Government;';
(c) for clause (23), the following clause shall be substituted with effect from the 1st day of April,
2010, namely:—
'(23) (i) "firm" shall have the meaning assigned to it in the Indian Partnership Act, 1932, and
shall include a limited liability partnership as defined in the Limited Liability Partnership Act, 2008;
(ii) "partner" shall have the meaning assigned to it in the Indian Partnership Act, 1932, and
shall include,—
(a) any person who, being a minor, has been admitted to the benefits of partnership; and
(b) a partner of a limited liability partnership as defined in the Limited Liability Partnership
Act, 2008;
(iii) "partnership" shall have the meaning assigned to it in the Indian Partnership Act, 1932, and
shall include a limited liability partnership as defined in the Limited Liability Partnership Act, 2008;';
(d) in clause (24), in sub-clause (iia), after the word and figures "section 10", the words "or by an
electoral trust" shall be inserted with effect from the 1st day of April, 2010;
9 of 1932.
6 of 2009.
9 of 1932.
6 of 2009.
9 of 1932.
6 of 2009.
Amendment
of section 2.
5
10
15
20
25
30
35
40
45
50
55
60
5
 
(e) after clause (29B), the following clause shall be inserted, namely:—
'(29BA) "manufacture", with its grammatical variations, means a change in a non-living physical
object or article or thing,—
(a) resulting in transformation of the object or article or thing into a new and distinct object or
article or thing having a different name, character and use; or
(b) bringing into existence of a new and distinct object or article or thing with a different
chemical composition or integral structure;';
(f) in clause (48),—
(i) in sub-clauses (a) and (b), after the words "public sector company", the words "or scheduled
bank" shall respectively be inserted;
(ii) after clause (c), the following Explanation shall be inserted, namely:—
'Explanation.— For the purposes of this clause, the expression "scheduled bank" shall
have the meaning assigned to it in clause (ii) of the Explanation to sub-clause (c) of clause
(viia) of sub-section (1) of section 36.'.
4. In section 10 of the Income-tax Act,—
(a) in clause (10C), after the second proviso, the following proviso shall be inserted with effect
from the 1st day of April, 2010, namely:—
"Provided also that where any relief has been allowed to an assessee under section 89 for
any assessment year in respect of any amount received or receivable on his voluntary retirement
or termination of service or voluntary separation, no exemption under this clause shall be allowed
to him in relation to such, or any other, assessment year.";
(b) in clause (23C), in the fourteenth proviso, for the words "made at any time during the financial
year immediately preceding the assessment year", the words, figures and letters "made on or before
the 30th day of September of the relevant assessment year" shall be substituted;
(c) in clause (23D), in the Explanation, in clause (a), after the words, brackets and figures "Banking
Companies (Acquisition and Transfer of Undertakings) Act, 1980", the words"and a bank included
in the category 'other public sector banks' by the Reserve Bank of India" shall be inserted with effect
from the 1st day of April, 2010;
(d) after clause (43), the following clause shall be inserted, namely:—
"(44) any income received by any person for, or on behalf of, the New Pension System
Trust established on the 27th day of February, 2008 under the provisions of the Indian Trusts
Act, 1882.".
5. In section 10A of the Income-tax Act, in sub-section (1), in the fourth proviso, for the figures,
letters and words "1st day of April, 2011", the figures, letters and words "1st day of April, 2012" shall be
substituted.
6. In section 10AA of the Income-tax Act, in sub-section (7), for the words "by the assessee" occurring
at the end, the words "by the undertaking" shall be substituted with effect from the 1st day of April,
2010.
7. In section 10B of the Income-tax Act, in sub-section (1), in the third proviso, for the figures, letters
and words "1st day of April, 2011", the figures, letters and words "1st day of April, 2012" shall be
substituted.
8. After section 13A of the Income-tax Act, the following section shall be inserted with effect from the
1st day of April, 2010, namely:—
"13B. Any voluntary contributions received by an electoral trust shall not be included in the total
income of the previous year of such electoral trust, if—
(a) such electoral trust distributes to any political party, registered under section 29A of the
Representation of the People Act, 1951, during the said previous year, ninety-five per cent. of the
aggregate donations received by it during the said previous year along with the surplus, if any,
brought forward from any earlier previous year; and
(b) such electoral trust functions in accordance with the rules made by the Central Government.".
9. In section 17 of the Income-tax Act, in clause (2), for sub-clause (vi), the following sub-clauses
shall be substituted with effect from the 1st day of April, 2010, namely:—
Amen
Amendment of
section 10.
Amendment of
section 10AA.
Amendment of
section 10B.
Insertion of
new section
13B.
Special
provisions
relating to
voluntary
contributions
received by
electoral trust.
40 of 1980.
2 of 1882.
Amendment of
section 10A.
Amendment of
section 17.
43of 1951.
5
10
15
20
25
30
35
40
45
50
6
https://indiabudget.nic.in
'(vi) the value of any specified security or sweat equity shares allotted or transferred, directly or
indirectly, by the employer, or former employer, free of cost or at concessional rate to the assessee.
Explanation.— For the purposes of this sub-clause,—
(a) "specified security" means the securities as defined in clause (h) of section 2 of the Securities
Contracts (Regulation) Act, 1956 and, where employees' stock option has been granted under
any plan or scheme therefor, includes the securities offered under such plan or scheme;
(b) "sweat equity shares" means equity shares issued by a company to its employees or directors
at a discount or for consideration other than cash for providing know-how or making available
rights in the nature of intellectual property rights or value additions, by whatever name called;
(c) the value of any specified security or sweat equity shares shall be the fair market value
of the specified security or sweat equity shares, as the case may be, on the date on which the
option is exercised by the assessee as reduced by the amount actually paid by, or recovered
from the assessee in respect of such security or shares;
(d) "fair market value" means the value determined in accordance with the method as may
be prescribed;
(e) "option" means a right but not an obligation granted to an employee to apply for the
specified security or sweat equity shares at a predetermined price;
(vii) the amount of any contribution to an approved superannuation fund by the employer in
respect of the assessee, to the extent it exceeds one lakh rupees;
(viii) the value of any other fringe benefit or amenity as may be prescribed:'.
10. In section 28 of the Income-tax Act, after clause (vi), the following clause shall be inserted with
effect from the 1st day of April, 2010, namely:-
"(vii) any sum, whether received or receivable, in cash or kind, on account of any capital asset
(other than land or goodwill or financial instrument) being demolished, destroyed, discarded or
transferred, if the whole of the expenditure on such capital asset has been allowed as a deduction
under section 35AD;".
11. In section 32 of the Income-tax Act, in sub-section (1), in Explanation 3, for the words 'the
expressions "assets" and "block of assets"', the words 'the expression "assets"' shall be substituted
with effect from the 1st day of April, 2010.
12. In section 35 of the Income-tax Act, in sub-section (2AB), in clause (1), for the words "the business
of manufacture or production of any drugs, pharmaceuticals, electronic equipments, computers,
telecommunication equipments, chemicals or any other article or thing notified by the Board", the words
"any business of manufacture or production of any article or thing, not being an article or thing specified
in the list of the Eleventh Schedule" shall be substituted with effect from the 1st day of April, 2010.
13. After section 35AC of the Income-tax Act, the following section shall be inserted with effect from
the 1st day of April, 2010, namely:—
'35AD. (1) An assessee shall be allowed a deduction in respect of the whole of any expenditure
of capital nature incurred, wholly and exclusively, for the purposes of any specified business carried
on by him during the previous year in which such expenditure is incurred by him.
(2) This section applies to the specified business which fulfils all the following conditions, namely:—
(i) it is not set up by splitting up, or the reconstruction, of a business already in existence;
(ii) it is not set up by the transfer to the specified business of machinery or plant previously
used for any purpose;
(iii) where the business is of the nature referred to in sub-clause (iii) of clause (c) of subsection
(8), such business,—
(a) is owned by a company formed and registered in India under the Companies Act, 1956
or by a consortium of such companies or by an authority or a board or a corporation established
or constituted under any Central or State Act;
(b) has been approved by the Petroleum and Natural Gas Regulatory Board established
under sub-section (1) of section 3 of the Petroleum and Natural Gas Regulatory Board Act,
2006 and notified by the Central Government in the Official Gazette in this behalf;
(c) has made not less than one-third of its total pipeline capacity available for use on common
carrier basis by any person other than the assessee or an associated person; and
(d) fulfils any other condition as may be prescribed.
(3) The assessee shall not be allowed any deduction in respect of the specified business under
the provisions of Chapter VIA under the heading "C.— Deductions in respect of certain incomes".
19 of 2006.
Amendment of
section 35.
Insertion of
new section
35AD.
42 of 1956.
Amendment of
section 32.
Deduction in
respect of
expenditure
on specified
business.
1 of 1956.
Amendment of
section 28.
5
10
15
20
25
30
35
40
45
50
55
7
https://indiabudget.nic.in
(4) No deduction in respect of the expenditure referred to in sub-section (1) shall be allowed to the
assessee under any other section in any previous year or under this section in any other previous
year.
(5) The provisions of this section shall apply to the specified business referred to in sub-section
(2) if it commences its operations,—
(a) on or after the 1st day of April, 2007, where the specified business is in the nature of laying
and operating a cross-country natural gas pipeline network for distribution, including storage
facilities being an integral part of such network; and
(b) on or after the 1st day of April, 2009, in all other cases not falling under clause (a).
(6) The assessee carrying on the business of the nature referred to in clause (a) of sub-section
(5) shall be allowed, in addition to deduction under sub-section (1), a further deduction in the previous
year relevant to the assessment year beginning on the 1st day of April, 2010, of an amount in
respect of expenditure of capital nature incurred during any earlier previous year, if—
(a) the business referred to in clause (a) of sub-section (5) has commenced its operation at
any time during the period beginning on or after the 1st day of April, 2007 and ending on the 31st
day of March, 2009; and
(b) no deduction for such amount has been allowed or is allowable to the assessee in any earlier
previous year.
(7) The provisions contained in sub-section (6) of section 80A and the provisions of sub-sections
(7) and (10) of section 80-IA shall, so far as may be, apply to this section in respect of goods or
services or assets held for the purposes of the specified business.
(8) For the purposes of this section,—
(a) an "associated person", in relation to the assessee, means a person,—
(i) who participates, directly or indirectly, or through one or more intermediaries in the
management or control or capital of the assessee;
(ii) who holds, directly or indirectly, shares carrying not less than twenty-six per cent. of the
voting power in the capital of the assessee;
(iii) who appoints more than half of the Board of directors or members of the governing
board, or one or more executive directors or executive members of the governing board of the
assessee; or
(iv) who guarantees not less than ten per cent. of the total borrowings of the assessee;
(b) "cold chain facility" means a chain of facilities for storage or transportation of agricultural and
forest produce, meat and meat products, poultry, marine and dairy products, products of horticulture,
floriculture and apiculture and processed food items under scientifically controlled conditions including
refrigeration and other facilities necessary for the preservation of such produce;
(c) "specified business" means the any one or more of the following business, namely:—
(i) setting up and operating a cold chain facility;
(ii) setting up and operating a warehousing facility for storage of agricultural produce;
(iii) laying and operating a cross-country natural gas or crude or petroleum oil pipeline
network for distribution, including storage facilities being an integral part of such network.
(d) 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—
(i) such machinery or plant was not, at any time prior to the date of the installation by the
assessee, used in India;
(ii) such machinery or plant is imported into India from any country outside India; and
(iii) 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;
(e) where in the case of a specified business, any machinery or plant or any part thereof
previously used for any purpose is transferred to the specified 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 such business, then, for the purposes of clause (ii) of sub-section (2),
the condition specified therein shall be deemed to have been complied with;
5
10
15
20
25
30
35
40
45
50
8
https://indiabudget.nic.in
(f) any expenditure of capital nature shall not include any expenditure incurred on the acquisition
of any land or goodwill or financial instrument.'.
14. In section 36 of the Income-tax Act, in sub-section (1),—
(a) in clause (iiia), in the Explanation, in clause (i), after the words "public sector company", at
both the places where they occur, the words "or scheduled bank" shall be inserted;
(b) in clause (viii), in the Explanation, in clause (b), for sub-clause (i), the following sub-clause
shall be substituted with effect from the 1st day of April, 2010, namely:—
"(i) in respect of the specified entity referred to in sub-clause (i) or sub-clause (ii) or sub-clause
(iii) or sub-clause (iv) of clause (a), the business of providing long-term finance for-
(A) industrial or agricultural development;
(B) development of infrastructure facility in India; or
(C) development of housing in India;";
(c) clause (xvi) shall be omitted.
15. In section 40 of the Income-tax Act, in clause (b), in sub-clause (v), for items (1) and (2), the
following shall be substituted with effect from the 1st day of April, 2010, namely :—
"(a) on the first Rs.3,00,000 of the Rs.1,50,000 or at the rate of 90 per cent. of
book-profit or in case of a loss the book-profit, whichever is more;
(b) on the balance of the book-profit at the rate of 60 per cent.".
16. In section 40A of the Income-tax Act, in sub-section (3A), after the proviso, the following proviso
shall be inserted with effect from the 1st day of October, 2009, namely:—
'Provided further that in the case of payment made for plying, hiring or leasing goods carriages,
the provisions of sub-sections (3) and (3A) shall have effect as if for the words "twenty thousand
rupees", the words "thirty-five thousand rupees" had been substituted.'.
17. In section 43 of the Income-tax Act, with effect from the 1st day of April, 2010,—
(a) in clause (1), after Explanation 12, the following Explanation shall be inserted, namely:—
"Explanation 13.— The actual cost of any capital asset on which deduction has been allowed
or is allowable to the assessee under section 35AD, shall be treated as 'nil',—
(a) in the case of such assessee; and
(b) in any other case if the capital asset is acquired or received,—
(i) by way of gift or will or an irrevocable trust;
(ii) on any distrbution on liquidation of the company; and
(iii) by such mode of transfer as is referred to in clauses (i), (iv), (v), (vi), (vib), (xiii) and
(xiv) of section 47;";
(b) in clause (6), after Explanation 6, the following Explanation shall be inserted, namely:—
'Explanation 7.— For the purposes of this clause, where the income of an assessee is derived, in part
from agriculture and in part from business chargeable to income-tax under the head "Profits and gains
of business or profession", for computing the written down value of assets acquired before the previous
year, the total amount of depreciation shall be computed as if the entire income is derived from the
business of the assessee under the head "Profits and gains of business or profession" and the depreciation
so computed shall be deemed to be the depreciation actually allowed under this Act.'.
18. In section 44AA of the Income-tax Act, in sub-section (2), with effect from the 1st day of April,
2011,—
(a) in clause (iii),—
(i) for the words, figures and letters "section 44AD or section 44AE or section 44AF", the word,
figures and letters "section 44AE" shall be substituted;
(ii) for the words "previous year," occurring at the end, the words "previous year; or" shall be
substituted;
(b) after clause (iii), the following clause shall be inserted, namely:—
"(iv) where the profits and gains from the business are deemed to be the profits and gains of
the assessee under section 44AD and he has claimed such income to be lower than the profits
and gains so deemed to be the profits and gains of his business and his income exceeds the
maximum amount which is not chargeable to income-tax during such previous year,".
19. In section 44AB of the Income-tax Act, with effect from the 1st day of April, 2011,—
(a) in clause (c),—
(i) for the words, figures and letters "section 44AD or section 44AE or section 44AF", the word,
figures and letters "section 44AE" shall be substituted;
Amendment of
section 36.
Amendment of
section
40.
Amendment of
section
40A.
Amendment of
section
43.
Amendment of
section
44AA.
Amendment of
section
44AB.
5
10
15
20
25
30
35
40
45
50
55
9
https://indiabudget.nic.in
(ii) for the words "previous year," occurring at the end, the words "previous year; or" shall be
substituted;
(b) after clause (c), the following clause shall be inserted, namely:—
"(d) carrying on the business shall, if the profits and gains from the business are deemed to be the
profits and gains of such person under section 44AD and he has claimed such income to be lower
than the profits and gains so deemed to be the profits and gains of his business and his income
exceeds the maximum amount which is not chargeable to income-tax in any previous year,".
20. For section 44AD of the Income-tax Act, the following section shall be substituted with effect
from the 1st day of April, 2011, namely:—
'44AD. (1) Notwithstanding anything to the contrary contained in sections 28 to 43C, in the case
of an eligible assessee engaged in an eligible business, a sum equal to eight per cent. of the total
turnover or gross receipts of the assessee in the previous year on account of such business or, as
the case may be, a sum higher than the aforesaid sum claimed to have been earned by the eligible
assessee, shall be deemed to be the profits and gains of such business 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:
Provided that where the eligible assessee is a firm, the salary and interest paid to its partners
shall be deducted from the income computed under sub-section (1) subject to the conditions and
limits specified in clause (b) of section 40.
(3) The written down value of any asset of an eligible business shall be deemed to have been
calculated as if the eligible assessee had claimed and had been actually allowed the deduction in
respect of the depreciation for each of the relevant assessment years.
(4) The provisions of Chapter XVII-C shall not apply to an eligible assessee in so far as they
relate to the eligible business.
(5) Notwithstanding anything contained in the foregoing provisions of this section, an eligible
assessee who claims that his profits and gains from the eligible business 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 (2) of section 44AA and get them audited and
furnish a report of such audit as required under section 44AB.
Explanation.— For the purposes of this section,—
(a) "eligible assessee" means,—
(i) an individual, Hindu undivided family or a partnership firm, who is a resident, but not a
limited liability partnership firm as defined under clause (n) of sub-section (1) of section 2 of
the Limited Liability Partnership Act, 2008; and
(ii) who has not claimed deduction under any of the sections 10A, 10AA, 10B, 10BA or
deduction under any provisions of Chapter VIA under the heading "C.—Deductions in respect
of certain incomes" in the relevant assessment year;
(b) "eligible business" means,—
(i) any business except the business of plying, hiring or leasing goods carriages referred to
in section 44AE; and
(ii) whose total turnover or gross receipts in the previous year does not exceed an amount
of forty lakh rupees.'.
21. In section 44AE of the Income-tax Act, for sub-section (2), the following sub-section shall be
substituted with effect from the 1st day of April, 2011, namely:—
"(2) For the purposes of sub-section (1), the profits and gains from each goods carriage,—
(i) being a heavy goods vehicle, shall be an amount equal to five thousand rupees for every month
or part of a month during which the heavy goods vehicle is owned by the assessee in the previous
year or an amount claimed to have been actually earned from such vehicle, whichever is higher;
(ii) other than a heavy goods vehicle, shall be an amount equal to four thousand five hundred
rupees for every month or part of a month during which the goods carriage is owned by the
assessee in the previous year or an amount claimed to have been actually earned from such
vehicle, whichever is higher.".
Substitution of
new section for
section 44AD.
Special
provision for
computing
profits and
gains of
business on
presumptive
basis.
Amendment of
section 44AE.
6 of 2009.
5
10
15
20
25
30
35
40
45
50
55
10
https://indiabudget.nic.in
22. In section 44AF of the Income-tax Act, after sub-section (5), the following sub-section shall be
inserted, namely:—
"(6) Nothing contained in this section shall apply to any assessment year beginning on or after
the 1st day of April, 2011.".
23. In section 49 of the Income-tax Act, for sub-section (2AA), the following sub-section shall be
substituted with effect from the 1st day of April, 2010, namely:—
"(2AA) Where the capital gain arises from the transfer of specified security or sweat equity shares
referred to in sub-clause (vi) of clause (2) of section 17, the cost of acquisition of such security or
shares shall be the fair market value which has been taken into account for the purposes of the said
sub-clause.".
24. In section 50B of the Income-tax Act, in Explanation 2, for clause (b), the following clauses shall
be substituted with effect from the 1st day of April, 2010, namely:—
"(b) in the case of capital assets in respect of which the whole of the expenditure has been
allowed or is allowable as a deduction under section 35AD, nil; and
(c) in the case of other assets, the book value of such assets.".
25. In section 50C of the Income-tax Act, with effect from the 1st day of October, 2009,—
(a) for the words "or assessed" wherever they occur, the words "or assessed or assessable" shall
be substituted;
(b) in sub-section (2), the Explanation shall be numbered as Explanation 1 thereof and after
Explanation 1 as so numbered, the following Explanation shall be inserted, namely:—
'Explanation 2.—For the purposes of this section, the expression "assessable" means the
price which the stamp valuation authority would have, notwithstanding anything to the contrary
contained in any other law for the time being in force, adopted or assessed, if it were referred to
such authority for the purposes of the payment of stamp duty.'.
26. In section 56 of the Income-tax Act, in sub-section (2),—
(a) with effect from the 1st day of October, 2009,—
(i) in clause (vi), after the words, figures and letters "on or after the 1st day of April, 2006", the
words, figures and letters "but before the 1st day of October, 2009" shall be inserted;
(ii) after clause (vi), the following clause shall be inserted, namely:—
'(vii) where an individual or a Hindu undivided family receives, in any previous year, from
any person or persons on or after the 1st day of October, 2009,—
(a) any sum of money, without consideration, the aggregate value of which exceeds fifty
thousand rupees, the whole of the aggregate value of such sum;
(b) any immovable property,—
(i) without consideration, the stamp duty value of which exceeds fifty thousand rupees,
the stamp duty value of such property;
(ii) for a consideration which is less than the stamp duty value of the property by an
amount exceeding fifty thousand rupees, the stamp duty value of such property as exceeds
such consideration;
(c) any property, other than immovable property,—
(i) without consideration, the aggregate fair market value of which exceeds fifty thousand
rupees, the whole of the aggregate fair market value of such property;
(ii) for a consideration which is less than the aggregate fair market value of the property
by an amount exceeding fifty thousand rupees, the aggregate fair market value of such
property as exceeds such consideration:
Provided that where the stamp duty value of immovable property as referred to in subclause
(b) is disputed by the assessee on grounds mentioned in sub-section (2) of section
50C, the Assessing Officer may refer the valuation of such property to a Valuation Officer,
and the provisions of section 50C and sub-section (15) of section 155 shall, as far as may
be, apply in relation to the stamp duty value of such property for the purpose of sub-clause
(b) as they apply for valuation of capital asset under that section:
Provided further that this clause shall not apply to any sum of money or any property
received—
(a) from any relative; or
(b) on the occasion of the marriage of the individual; or
(c) under a will or by way of inheritance; or
(d) in contemplation of death of the payer or donor, as the case may be; or
Amendment of
section 44AF.
Amendment of
section 49.
Amendment of
section 50C.
Amendment of
section 56.
Amendment of
section 50B.
5
10
15
20
25
30
35
40
45
50
55
11
https://indiabudget.nic.in
(e) from any local authority as defined in the Explanation to clause (20) of section 10; or
(f) from any fund or foundation or university or other educational institution or hospital
or other medical institution or any trust or institution referred to in clause (23C) of section
10; or
(g) from any trust or institution registered under section 12AA.
Explanation.—For the purposes of this clause,—
(a) "assessable" shall have the meaning assigned to it in the Explanation 2 to subsection
(2) of section 50C;
(b) "fair market value" of a property, other than an immovable property, means the
value determined in accordance with the method as may be prescribed;
(c) "jewellery" shall have the meaning assigned to it in the Explanation to sub-clause
(ii) of clause (14) of section 2;
(d) "property" means—
(i) immovable property being land or building or both;
(ii) shares and securities;
(iii) jewellery;
(iv) archaeological collections;
(v) drawings;
(vi) paintings;
(vii) sculptures; or
(viii) any work of art;
(e) "relative" shall have the meaning assigned to it in the Explanation to clause (vi) of
sub-section (2) of this section;
(f) "stamp duty value" means the value adopted or assessed or assessable by any
authority of the Central Government or a State Government for the purpose of payment
of stamp duty in respect of an immovable property;
(b) after clause (vii) as so inserted, the following clause shall be inserted with effect from the
1st day of April, 2010, namely:—
"(viii) income by way of interest received on compensation or on enhanced compensation
referred to in sub-section (2) of section 145A.".
27. In section 57 of the Income-tax Act, after clause (iii), the following clause shall be inserted at the
end with effect from the 1st day of April, 2010, namely:—
"(iv) in the case of income of the nature referred to in clause (viii) of sub-section (2) of section 56,
a deduction of a sum equal to fifty per cent. of such income and no deduction shall be allowed under
any other clause of this section.".
28. After section 73 of the Income-tax Act, the following section shall be inserted with effect from the
1st day of April, 2010, namely:—
"73A. (1) Any loss, computed in respect of any specified business referred to in section 35AD
shall not be set off except against profits and gains, if any, of any other specified business.
(2) Where for any assessment year any loss computed in respect of the specified business
referred to in sub-section (1) has not been wholly set off under sub-section (1), so much of the loss
as is not so set off or the whole loss where the assessee has no income from any other specified
business, shall, subject to the other provisions of this Chapter, be carried forward to the following
assessment year, and —
(i) it shall be set off against the profits and gains, if any, of any specified business carried on by
him assesssable for that assessment year; and
(ii) if the loss can not be wholly so set off, the amount of loss not so set off shall be carried
forward to the following assessment year and so on.".
Amendment of
section 57.
Insertion of
new section
73A.
Carry forward
and set off of
losses by
specified
business.
5
10
15
20
25
30
35
40
45
12
https://indiabudget.nic.in
29. In section 80A of the Income-tax Act,—
(a) after sub-section (3), the following sub-sections shall be inserted, and shall be deemed to
have been inserted with effect from the 1st day of April, 2003, namely:—
'(4) Notwithstanding anything to the contrary contained in section 10A or section 10AA or
section 10B or section 10BA or in any provisions of this Chapter under the heading "C-Deductions
in respect of certain incomes", where, in the case of an assessee, any amount of profits and
gains of an undertaking or unit or enterprise or eligible business is claimed and allowed as a
deduction under any of those provisions for any assessment year, deduction in respect of, and to
the extent of, such profits and gains shall not be allowed under any other provisions of this Act for
such assessment year and shall in no case exceed the profits and gains of such undertaking or
unit or enterprise or eligible business, as the case may be.
(5) Where the assessee fails to make a claim in his return of income for any deduction under
section 10A or section 10AA or section 10B or section 10BA or under any provision of this Chapter
under the heading "C.—Deductions in respect of certain incomes", no deduction shall be allowed to
him thereunder.';
(b) after sub-section (5) as so inserted, the following sub-section shall be inserted, namely:—
'(6) Notwithstanding anything to the contrary contained in section 10A or section 10AA or
section 10B or section 10BA or in any provisions of this Chapter under the heading "C-Deductions
in respect of certain incomes", where any goods or services held for the purposes of the undertaking
or unit or enterprise or eligible business are transferred to any other business carried on by the
assessee or where any goods or services held for the purposes of any other business carried on by
the assessee are transferred to the undertaking or unit or enterprise or eligible business and, the
consideration, if any, for such transfer as recorded in the accounts of the undertaking or unit or
enterprise or eligible business does not correspond to the market value of such goods or services
as on the date of the transfer, then, for the purposes of any deduction under this Chapter, the profits
and gains of such undertaking or unit or enterprise or eligible business shall be computed as if the
transfer, in either case, had been made at the market value of such goods or services as on that
date.
Explanation.—For the purposes of this sub-section, the expression "market value",—
(i) in relation to any goods or services sold or supplied, means the price that such goods or
services would fetch if these were sold by the undertaking or unit or enterprise or eligible
business in the open market, subject to statutory or regulatory restrictions, if any;
(ii) in relation to any goods or services acquired, means the price that such goods or services
would cost if these were acquired by the undertaking or unit or enterprise or eligible business
from the open market, subject to statutory or regulatory restrictions, if any.'.
30. In section 80CCD of the Income-tax Act,—
(a) in sub-section (1), in the opening portion, after the words, figures and letters "Where an
assessee, being an individual employed by the Central Government or any other employer on or
after the 1st day of January, 2004,", the words "or any other assessee, being an individual" shall be
inserted;
(b) after sub-section (4), the following sub-section shall be inserted, namely:—
"(5) For the purposes of this section, the assessee shall be deemed not to have received any
amount in the previous year if such amount is used for purchasing an annuity plan in the same
previous year.".
31. In section 80DD of the Income-tax Act, in sub-section (1), in the proviso, for the words "seventyfive
thousand rupees", the words "one hundred thousand rupees" shall be substituted with effect from
the 1st day of April, 2010.
32. In section 80E of the Income-tax Act, in sub-section (3), for clause (c), the following clause shall
be substituted with effect from the 1st day of April, 2010, namely:—
'(c) "higher education" means any course of study pursued after passing the Senior Secondary
Examination or its equivalent from any school, board or university recognised by the Central
Government or State Government or local authority or by any other authority authorised by the
Central Government or State Government or local authority to do so;'.
33. In section 80G of the Income-tax Act, in sub-section (5),—
(a) in clause (v), the word "and" at the end shall be omitted;
(b) in clause (vi), for the words "made in this behalf", the words "made in this behalf; and" shall be
substituted;
(c) in clause (vi), the proviso shall be omitted with effect from the 1st day of October, 2009;
(d) after clause (vi), the following clause shall be inserted, namely:—
"(vii) where any institution or fund had been approved under clause (vi) for the previous year
beginning on the 1st day of April, 2007 and ending on the 31st day of March, 2008, such institution
or fund shall, for the purposes of this section and notwithstanding anything contained in the
proviso to clause (15) of section 2, be deemed to have been,—
(a) established for charitable purposes for the previous year beginning on the 1st day of
April, 2008 and ending on the 31st day of March, 2009; and
Amendment
of section
80E.
Amendment
of section
80CCD.
Amendment
of section
80G.
Amendment
of section
80A.
Amendment
of section
80DD.
5
10
15
20
25
30
35
40
45
50
55
60
65
13
https://indiabudget.nic.in
(b) approved under the said clause (vi) for the previous year beginning on the 1st day of
April, 2008 and ending on the 31st day of March, 2009.".
34. In section 80GGB of the Income-tax Act, after the words "political party", the words "or an
electoral trust" shall be inserted with effect from the 1st day of April, 2010.
35. In section 80GGC of the Income-tax Act, for the words "to a political party", the words "to a
policital party or an electoral trust" shall be substituted with effect from the 1st day of April, 2010.
36. In section 80-IA of the Income-tax Act,—
(a) in sub-section (1), the words "or lays and begins to operate a cross-country natural gas
distribution network" shall be omitted with effect from the 1st day of April, 2010;
(b) in sub-section (3), the words, brackets and letters "or clause (vi)" shall be omitted with effect
from the 1st day of April, 2010;
(c) in sub-section (4),—
(A) in clause (iv), for the words, figures and letters "the 31st day of March, 2010" wherever they
occur, the words, figures and letters "31st day of March, 2011" shall respectively be substituted;
(B) in clause (v), in sub-clause (b), for the figures, letters and words "31st day of March, 2008",
the figures, letters and words "31st day of March, 2011" shall be substituted and shall be deemed
to have been substituted with effect from the 1st day of April, 2008;
(C) clause (vi) shall be omitted with effect from the 1st day of April, 2010;
(d) after sub-section (13), for the Explanation, the following Explanation shall be substituted and
shall be deemed to have been substituted with effect from the 1st day of April, 2000, namely:—
"Explanation.—For the removal of doubts, it is hereby declared that nothing contained in this
section shall apply in relation to a business referred to in sub-section (4) which is in the nature of
a works contract awarded by any person (including the Central or State Government) and executed
by the undertaking or enterprise referred to in sub-section (1).".
37. In section 80-IB of the Income-tax Act,—
(a) for sub-section (9), the following sub-section shall be substituted and shall be deemed to
have been substituted with effect from the 1st day of April, 2000, namely:—
'(9) The amount of deduction to an undertaking shall be hundred per cent. of the profits for a period
of seven consecutive assessment years, including the initial assessment year, if such undertaking
fulfils any of the following, namely:—
(i) is located in North-Eastern Region and has begun or begins commercial production of
mineral oil before the 1st day of April, 1997;
(ii) is located in any part of India and has begun or begins commercial production of mineral
oil on or after the 1st day of April, 1997;
(iii) is engaged in refining of mineral oil and begins such refining on or after the 1st day of
October, 1998.
Explanation.— For the purposes of claiming deduction under this sub-section, all blocks licensed
under a single contract, which has been awarded under the New Exploration Licencing Policy
announced by the Government of India vide Resolution No. O-19018/22/95-ONG.DO.VL, dated
10th February, 1999 or has been awarded in pursuance of any law for the time being in force or has
been awarded by Central or a State Government in any other manner, shall be treated as a single
"undertaking".';
(b) in sub-section (9), as so substituted,—
(A) in clause (iii), after the words, figures and letters "the 1st day of October, 1998", the words,
figures and letters "but not later than the 31st day of March, 2012" shall be inserted;
(B) after clause (iii), the following clause shall be inserted with effect from the 1st day of April,
2010, namely:—
'(iv) is engaged in commercial production of natural gas in blocks licensed under the VIII
Round of bidding for award of exploration contracts (hereafter referred to as "NELP-VIII")
under the New Exploration Licencing Policy announced by the Government of India vide
Resolution No. O-19018/22/95-ONG.DO.VL, dated 10th February, 1999 and begins commercial
production of natural gas on or after the 1st day of April, 2009.';
(c) in sub-section (10),—
(i) after clause (d), the following clauses shall be inserted with effect from the 1st day of April,
2010, namely:—
"(e) not more than one residential unit in the housing project is allotted to any person not
being an individual; and
(f) in a case where a residential unit in the housing project is allotted to a person being an individual,
no other residential unit in such housing project is allotted to any of the following persons, namely:—
(i) the spouse or the minor children of such individual,
(ii) the Hindu undivided family in which such individual is the karta,
(iii) any person representing such individual, the spouse or the minor children of such
individual or the Hindu undivided family in which such individual is the karta;";
(ii) 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.—For the removal of doubts, it is hereby declared that nothing contained in
this sub-section shall apply to any undertaking which executes the housing project as a works
contract awarded by any person (including the Central or State Government).".
Amendment of
section 80GGB.
Amendment of
section 80GGC.
Amendment of
section 80-IA.
Amendment of
section 80-IB.
5
10
15
20
25
30
35
40
45
50
55
60
65
14
https://indiabudget.nic.in
38. In section 89 of the Income-tax Act, the following proviso shall be inserted with effect from the
1st day of April, 2010, namely:—
"Provided that no such relief shall be granted in respect of any amount received or receivable by
an assessee on his voluntary retirement or termination of his service, in accordance with any scheme
or schemes of voluntary retirement or in the case of a public sector company referred to in subclause
(i) of clause (10C) of section 10, a scheme of voluntary separation, if an exemption in respect
of any amount received or receivable on such voluntary retirement or termination of his service or
voluntary separation has been claimed by the assessee under clause (10C) of section 10 in respect
of such, or any other, assessment year.".
39. For section 90 of the Income-tax Act, the following section shall be substituted with effect from
the 1st day of October, 2009, namely :—
'90. (1) The Central Government may enter into an agreement with the Government of any country
outside India or specified territory outside India,—
(a) for the granting of relief in respect of—
(i) income on which have been paid both income-tax under this Act and income-tax in that
country or specified territory, as the case may be, or
(ii) income-tax chargeable under this Act and under the corresponding law in force in that
country or specified territory, as the case may be, to promote mutual economic relations, trade
and investment, or
(b) for the avoidance of double taxation of income under this Act and under the corresponding
law in force in that country or specified territory, as the case may be, or
(c) for exchange of information for the prevention of evasion or avoidance of income-tax
chargeable under this Act or under the corresponding law in force in that country or specified
territory, as the case may be, or investigation of cases of such evasion or avoidance, or
(d) for recovery of income-tax under this Act and under the corresponding law in force in that
country or specified territory, as the case may be,
and may, by notification in the Official Gazette, make such provisions as may be necessary for
implementing the agreement.
(2) Where the Central Government has entered into an agreement with the Government of any
country outside India or specified territory outside India, as the case may be, under sub-section (1)
for granting relief of tax, or as the case may be, avoidance of double taxation, then, in relation to the
assessee to whom such agreement applies, the provisions of this Act shall apply to the extent they
are more beneficial to that assessee.
(3) Any term used but not defined in this Act or in the agreement referred to in sub-section (1)
shall, unless the context otherwise requires, and is not inconsistent with the provisions of this Act or
the agreement, have the same meaning as assigned to it in the notification issued by the Central
Government in the Official Gazette in this behalf.
Explanation 1.— For the removal of doubts, it is hereby declared that the charge of tax in respect
of a foreign company at a rate higher than the rate at which a domestic company is chargeable,
shall not be regarded as less favourable charge or levy of tax in respect of such foreign company.
Explanation 2.— For the purposes of this section, "specified territory" means any area outside
India which may be notified as such by the Central Government.'.
40. In section 92C of the Income-tax Act, in sub-section (2), for the proviso, the following provisos
shall be substituted with effect from the 1st day of October, 2009, namely:—
"Provided that where more than one price is determined by the most appropriate method, the
arm's length price shall be taken to be the arithmetical mean of such prices:
Provided further that if the variation between the arm's length price so determined and price at
which the international transaction has actually been undertaken does not exceed five per cent. of
the latter, the price at which the international transaction has actually been undertaken shall be
deemed to be the arm's length price.".
41. After section 92CA of the Income-tax Act, the following section shall be inserted, namely:—
'92CB. (1) The determination of arm's length price under section 92C or section 92CA shall be
subject to safe harbour rules.
(2) The Board may, for the purposes of sub-section (1), make rules for safe harbour.
Explanation.—For the purposes of this section, "safe harbour" means circumstances in which
the income-tax authorities shall accept the transfer price declared by the assessee.'.
Substitution of
new section
for section 90.
Agreement
with foreign
countries or
specified
territories.
Amendment
of section
92C.
Insertion of
new section
92CB.
Amendment of
section 89.
Power of
Board to
make safe
harbour rules.
5
10
15
20
25
30
35
40
45
50
55
15
https://indiabudget.nic.in
Amendment of
section 115-O.
42. In section 115BBC of the Income-tax Act, in sub-section (1), with effect from the 1st day of April,
2010, -
(a) for clause (i), the following clause shall be substituted, namely:—
"(i) the amount of income-tax calculated at the rate of thirty per cent of the aggregate of
anonymous donation, as exceeds five per cent. of the total income of the assessee or an amount
of rupees one lakh, whichever is higher; and";
(b) for clause (ii), the following clause shall be substituted, namely:—
"(ii) the amount of income-tax with which the assessee would have been chargeable had his
total income been reduced by the amount of income subject to tax under clause (i).".
43. In section 115JA of the Income-tax Act, in sub-section (2), after the second proviso, in the
Explanation, after clause (f), for the words, brackets and letters "if any amount referred to in clauses (a)
to (f) is debited to the profit and loss account, and as reduced by,—" the following shall be substituted
and shall be deemed to have been substituted with effect from the 1st day of April, 1998, namely:—
"(g) the amount or amounts set aside as provision for diminution in the value of any asset,
if any amount referred to in clauses (a) to (g) is debited to the profit and loss account, and as
reduced by,—".
44. In section 115JAA of the Income-tax Act, in sub-section (3A), for the words "seventh assessment
year", the words "tenth assessment year" shall be substituted with effect from the 1st day of April, 2010.
45. In section 115JB of the Income-tax Act,—-
(a) in sub-section (1), with effect from the 1st day of April, 2010,—
(i) for the words, figures and letters "the 1st day of April, 2007", the words, figures and letters
"the 1st day of April, 2010" shall be substituted;
(ii) for the words "ten per cent.", at both the places where they occur, the words "fifteen per
cent." shall be substituted;
(b) in sub-section (2), after the second proviso, in Explanation 1, after clause (h), for the words,
brackets and letters "if any amount referred to in clauses (a) to (h) is debited to the profit and loss
account, and as reduced by-", the following shall be substituted and shall be deemed to have been
substituted with effect from the 1st day of April, 2001, namely:—-
"(i) the amount or amounts set aside as provision for diminution in the value of any asset,
if any amount referred to in clauses (a) to (i) is debited to the profit and loss account, and as reduced
by,—".
46. In section 115-O of the Income-tax Act, for sub-section (1A), the following shall be substituted,
namely:—
"(1A) The amount referred to in sub-section (1) shall be reduced by,—
(i) the amount of dividend, if any, received by the domestic company during the financial year, if—
(a) such dividend is received from its subsidiary;
(b) the subsidiary has paid tax under this section on such dividend; and
(c) the domestic company is not a subsidiary of any other company:
Provided that the same amount of dividend shall not be taken into account for reduction more
than once;
(ii) the amount of dividend, if any, paid to any person for, or on behalf of, the New Pension
System Trust referred to in clause (44) of section 10.
Explanation.— For the purposes of this sub-section, a company shall be a subsidiary of another
company, if such other company, holds more than half in nominal value of the equity share capital
of the company." .
47. In section 115WE of the Income-tax Act, in sub-section (1B), for the words, figures and letters
"after the 31st day of March, 2009", the words, figures and letters "after the 31st day of March, 2010"
shall be substituted.
48. After section 115WL of the Income-tax Act, the following section shall be inserted, namely:—
"115WM. Nothing contained in this Chapter shall apply, in respect of any assessment for the
assessment year commencing on the 1st day of April, 2010 or any subsequent assessment year.".
Amendment of
section
115BBC.
Amendment of
section 115JA.
Amendment of
section
115JAA.
Amendment of
section 115JB.
Amendment of
section
115WE.
Insertion of new
section 115WM.
Chapter XII-H
not to apply
after a certain
date.
5
10
15
20
25
30
35
40
45
50
16
https://indiabudget.nic.in
Amendment
of section
132A.
49. In section 131 of the Income-tax Act, in sub-section (1), for the words "and Chief Commissioner
or Commissioner", the words ", Chief Commissioner or Commissioner and the Dispute Resolution
Panel referred to in clause (a) of sub-section (15) of section 144C" shall be substituted with effect from
the 1st day of October, 2009.
50. In section 132 of the Income-tax Act,—
(a) in sub-section (1),—
(i) for the words "Where the Director General or Director or the Chief Commissioner or
Commissioner or any such Joint Director or Joint Commissioner as may be empowered in this
behalf by the Board,", the words "Where the Director General or Director or the Chief
Commissioner or Commissioner or Additional Director or Additional Commissioner" shall be
substituted and shall be deemed to have been substituted with effect from the 1st day of June,
1994;
(ii) after the words "Where the Director General or Director or the Chief Commissioner or
Commissioner or Additional Director or Additional Commissioner" as so substituted, the words
"or Joint Director or Joint Commissioner" shall be inserted and shall be deemed to have been
inserted with effect from the 1st day of October, 1998;
(iii) in clause (A), after the words "may authorise any", the words "Additional Director or Additional
Commissioner or" shall be inserted and shall be deemed to have been inserted with effect from
the 1st day of June, 1994;
(iv) in clause (B), after the word "such", the words "Additional Director or Additional Commissioner
or" shall be inserted and shall be deemed to have been inserted with effect from the 1st day of
June, 1994;
(v) after the third proviso, the following proviso shall be inserted, namely :—
"Provided also that no authorisation shall be issued by the Additional Director or Additional
Commissioner or Joint Director or Joint Commissioner on or after the 1st day of October, 2009
unless he has been empowered by the Board to do so.";
(b) in sub-section (1A),—
(i) for the words "Commissioner or any such Joint Director or Joint Commissioner as may be
empowered in this behalf by the Board", the words "Commissioner or Additional Director or
Additional Commissioner" shall be substituted and shall be deemed to have been substituted
with effect from the 1st day of June, 1994;
(ii) after the words "Commissioner or Additional Director or Additional Commissioner" as so
substituted, the words "or Joint Director or Joint Commissioner" shall be inserted and shall be
deemed to have been inserted with effect from the 1st day of October, 1998.
51. In section 132A of the Income-tax Act, in sub-section (1), after clause (c), after the words "Chief
Commissioner or Commissioner may authorise any", the words "Additional Director, Additional
Commissioner," shall be inserted and shall be deemed to have been inserted with effect from the 1st
day of June, 1994.
52. In section 139A of the Income-tax Act, with effect from the 1st day of October, 2009,—
(a) in sub-section (5B), in clause (iv), the word "quarterly" shall be omitted;
(b) in sub-section (5D), in clause (iii), the word "quarterly" shall be omitted.
53. In section 140 of the Income-tax Act, after clause (cc), the following clause shall be inserted with
effect from the 1st day of April, 2010, namely:—
"(cd) in the case of a limited liability partnership, by the designated partner thereof, or where for
any unavoidable reason such designated partner is not able to sign and verify the return, or where
there is no designated partner as such, by any partner thereof.".
Amendment
of section
131.
Amendment
of section
132.
Amendment
of section
139A.
Amendment
of section
140.
5
10
15
20
25
30
35
40
45
17
https://indiabudget.nic.in
54. In section 143 of the Income-tax Act, in sub-section (1B), for the words, figures and letters “after
the 31st day of March, 2009”, the words, figures and letters “after the 31st day of March, 2010” shall be
substituted.
55. After section 144B of the Income-tax Act, the following section shall be inserted,
namely:—
‘144C. (1) The Assessing Officer shall, notwithstanding anything to the contrary contained in this
Act, in the first instance, forward a draft of the proposed order of assessment (hereafter in this
section referred to as the draft order) to the eligible assessee if he proposes to make, on or after the
1st day of October, 2009, any variation in the income or loss returned which is prejudicial to the
interest of such assessee.
(2) On receipt of the draft order, the eligible assessee shall, within thirty days of the receipt by him
of the draft order,—
(a) file his acceptance of the variations to the Assessing Officer; or
(b) file his objections, if any, to such variation with,—
(i) the Dispute Resolution Panel; and
(ii) the Assessing Officer.
(3) The Assessing Officer shall complete the assessment on the basis of the draft order, if—
(a) the assessee intimates to the Assessing Officer the acceptance of the variation; or
(b) no objections are received within the period specified in sub-section (2).
(4) The Assessing Officer shall, notwithstanding anything contained in section 153, pass the
assessment order under sub-section (3) within one month from the end of the month in which,—
(a) the acceptance is received; or
(b) the period of filing of objections under sub-section (2) expires.
(5) The Dispute Resolution Panel shall, in a case where any objection is received under sub-section
(2), issue such directions, as it thinks fit, for the guidance of the Assessing Officer to enable him to
complete the assessment.
(6) The Dispute Resolution Panel shall issue the directions referred to in sub-section (5), after
considering the following, namely:—
(a) draft order;
(b) objections filed by the assessee;
(c) evidence furnished by the assessee;
(d) report, if any, of the Assessing Officer, Valuation Officer or Transfer Pricing Officer or any
other authority;
(e) records relating to the draft order;
(f) evidence collected by, or caused to be collected by, it; and
(g) result of any enquiry made by, or caused to be made by, it.
(7) The Dispute Resolution Panel may, before issuing any directions referred to in sub-section
(5),—
(a) make such further enquiry, as it thinks fit; or
(b) cause any further enquiry to be made by any income-tax authority and report the result of
the same to it.
(8) The Dispute Resolution Panel may confirm, reduce or enhance the variations proposed in
the draft order so, however, that it shall not set aside any proposed variation or issue any direction
under sub-section (5) for further enquiry and passing of the assessment order.
(9) If the members of the Dispute Resolution Panel differ in opinion on any point, the point shall
Amendment
of section
143.
Insertion of
new section
144C.
Reference to
dispute
resolution
panel.
5
10
15
20
25
30
35
40
45
18
https://indiabudget.nic.in
be decided according to the opinion of the majority of the members.
(10) Every direction issued by the Dispute Resolution Panel shall be binding on the Assessing
Officer.
(11) No direction under sub-section (5) shall be issued unless an opportunity of being heard is
given to the assessee and the Assessing Officer on such directions which are prejudicial to the
interest of the assessee or the interest of the revenue, respectively.
(12) No direction under sub-section (5) shall be issued after nine months from the end of the
month in which the draft order is forwarded to the eligible assessee.
(13) Upon receipt of the directions issued under sub-section (5), the Assessing Officer shall, in
conformity with the directions, complete, notwithstanding anything to the contrary contained in section
153, the assessment without providing any further opportunity of being heard to the assessee,
within one month from the end of the month in which such direction is received.
(14) The Board may make rules for the purposes of the efficient functioning of the Dispute
Resolution Panel and expeditious disposal of the objections filed under sub-section (2) by the
eligible assessee.
(15) For the purposes of this section,—
(a) “Dispute Resolution Panel” means a collegium comprising of three Commissioners of
Income-tax constituted by the Board for this purpose;
(b) “eligible assessee” means,—
(i) any person in whose case the variation referred to in sub-section (1) arises as a
consequence of the order of the Transfer Pricing Officer passed under sub-section (3) of
section 92CA; and
(ii) any foreign company.’.
56. For section 145A of the Income-tax Act, the following section shall be substituted with effect
from the 1st day of April, 2010, namely:—
‘145A. Notwithstanding anything to the contrary contained in section 145,—
(a) the valuation of purchase and sale of goods and inventory for the purposes of determining
the income chargeable under the head “Profits and gains of business or profession” shall be-
(i) in accordance with the method of accounting regularly employed by the assessee; and
(ii) further adjusted to include the amount of any tax, duty, cess or fee (by whatever name
called) actually paid or incurred by the assessee to bring the goods to the place of its location
and condition as on the date of valuation.
Explanation.—For the purposes of this section, any tax, duty, cess or fee (by whatever name
called) under any law for the time being in force, shall include all such payment notwithstanding any
right arising as a consequence to such payment.
(b) interest received by an assessee on compensation or on enhanced compensation, as the
case may be, shall be deemed to be the income of the year in which it is received.’.
57. In section 147 of the Income-tax Act, after Explanation 2, the following Explanation shall be
inserted and shall be deemed to have been inserted with effect from the 1st day of April, 1989, namely:—
“Explanation 3.—For the purpose of assessment or reassessment under this section, the Assessing
Officer may assess or reassess the income in respect of any issue, which has escaped assessment,
and such issue comes to his notice subsequently in the course of the proceedings under this section,
notwithstanding that the reasons for such issue have not been included in the reasons recorded
under sub-section (2) of section 148.”.
58. After section 167B of the Income-tax Act, the following section shall be inserted with effect from
the 1st day of April, 2010, namely:—
“167C. Notwithstanding anything contained in the Limited Liability Partnership Act, 2008, where
any tax due from a limited liability partnership in respect of any income of any previous year or from
any other person in respect of any income of any previous year during which such other person was
a limited liability partnership cannot be recovered, in such case, every person who was a partner of
Substitution of
new section for
section 145A.
Method of
accounting in
certain cases.
Amendment
of section
147.
Insertion of
new section
167C.
Liability of
partners of
limited liability
partnership in
liquidation.
6 of 2009.
5
10
15
20
25
30
35
40
45
50
19
https://indiabudget.nic.in
the limited liability partnership at any time during the relevant previous year, shall be jointly and
severally liable for the payment of such tax unless he proves that the non-recovery cannot be
attributed to any gross neglect, misfeasance or breach of duty on his part in relation to the affairs of
the limited liability partnership.”.
59. In section 194A of the Income-tax Act, in sub-section (3), in clause (x), after the words “public
sector company” at both the places where they occur, the words “or scheduled bank” shall be inserted.
60. For section 194C of the Income-tax Act, the following section shall be substituted with effect
from the 1st day of October, 2009, namely:—
‘194C. (1) Any person responsible for paying any sum to any resident (hereafter in this section
referred to as the contractor) for carrying out any work (including supply of labour for carrying out
any work) in pursuance of a contract between the contractor and a specified person shall, at the
time of credit of such sum to the account of the contractor 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 an amount
equal to—
(i) one per cent. where the payment is being made or credit is being given to an individual or a
Hindu undivided family;
(ii) two per cent. where the payment is being made or credit is being given to a person other
than an individual or a Hindu undivided family,
of such sum as income-tax on income comprised therein.
(2) Where any sum referred to in sub-section (1) 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 credit of such income to the account of the payee and
the provisions of this section shall apply accordingly.
(3) Where any sum is paid or credited for carrying out any work mentioned in sub-clause (e) of
clause (iv) of the Explanation, tax shall be deducted at source—
(i) on the invoice value excluding the value of material, if such value is mentioned separately
in the invoice; or
(ii) on the whole of the invoice value, if the value of material is not mentioned separately in the
invoice.
(4) No individual or Hindu undivided family shall be liable to deduct income-tax on the sum credited
or paid to the account of the contractor where such sum is credited or paid exclusively for personal
purposes of such individual or any member of Hindu undivided family.
(5) No deduction shall be made from the amount of any sum credited or paid or likely to be
credited or paid to the account of, or to, the contractor, if such sum does not exceed twenty thousand
rupees:
Provided that where the aggregate of the amounts of such sums credited or paid or likely to be
credited or paid during the financial year exceeds fifty thousand rupees, the person responsible for
paying such sums referred to in sub-section (1) shall be liable to deduct income-tax under this
section.
(6) No deduction shall be made from any sum credited or paid or likely to be credited or paid
during the previous year to the account of a contractor during the course of business of plying, hiring
or leasing goods carriages, on furnishing of his Permanent Account Number, to the person paying
or crediting such sum.
(7) The person responsible for paying or crediting any sum to the person referred to in subsection
(6) shall furnish, to the prescribed income-tax authority or the person authorised by it, such
particulars, in such form and within such time as may be prescribed.
Explanation.—For the purposes of this section,—
(i) “specified person” shall mean,—
(a) the Central Government or any State Government; or
(b) any local authority; or
(c) any corporation established by or under a Central, State or Provincial Act; or
(d) any company; or
Substitution of
new section for
section 194C.
Amendment
of section
194A.
Payments to
contractors.
5
10
15
20
25
30
35
40
45
50
20
https://indiabudget.nic.in
(e) any co-operative society; or
(f) any authority, constituted in India by or under any law, engaged either for the purpose of
dealing with and satisfying the need for housing accommodation or for the purpose of planning,
development or improvement of cities, towns and villages, or for both; or
(g) any society registered under the Societies Registration Act, 1860 or under any law
corresponding to that Act in force in any part of India; or
(h) any trust; or
(i) any university established or incorporated by or under a Central, State or Provincial Act
and an institution declared to be a university under section 3 of the University Grants Commission
Act, 1956; or
(j) any Government of a foreign State or a foreign enterprise or any association or body
established outside India; or
(k) any firm; or
(l) any person, being an individual or a Hindu undivided family or an association of persons
or a body of individuals, if such person,—
(A) does not fall under any of the preceding sub-clauses; and
(B) is liable to audit of accounts under clause (a) or clause (b) of section 44AB during
the financial year immediately preceding the financial year in which such sum is credited or
paid to the account of the contractor;
(ii) “goods carriage” shall have the meaning assigned to it in the Explanation to sub-section (7)
of section 44AE;
(iii) “contract” shall include sub-contract;
(iv) “work” shall include—
(a) advertising;
(b) broadcasting and telecasting including production of programmes for such broadcasting
or telecasting;
(c) carriage of goods or passengers by any mode of transport other than by railways;
(d) catering;
(e) manufacturing or supplying a product according to the requirement or specification of a
customer by using material purchased from such customer,
but does not include manufacturing or supplying a product according to the requirement or specification
of a customer by using material purchased from a person, other than such customer.’.
61. In section 194-I of the Income-tax Act, for clauses (a), (b) and (c), the following clauses shall be
substituted with effect from the 1st day of October, 2009, namely:—
“(a) two per cent. for the use of any machinery or plant or equipment; and
(b) ten per cent. for the use of any land or building (including factory building) or land appurtenant
to a building (including factory building) or furniture or fittings:”.
62. In section 197A of the Income-tax Act, after sub-section (1D), the following sub-section shall be
inserted, namely:—
“(1E) Notwithstanding anything contained in this Chapter, no deduction of tax shall be made from
any payment to any person for, or on behalf of, the New Pension System Trust referred to in clause
(44) of section 10.”.
63. In section 200 of the Income-tax Act, in sub-section (3), for the words, figures and letters ‘‘prepare
quarterly statements for the period ending on the 30th June, the 30th September, the 31st December
and the 31st March in each financial year’’, the words “prepare such statements for such period as
may be prescribed” shall be substituted with effect from the 1st day of October, 2009.
64. After section 200 of the Income-tax Act, the following section shall be inserted with effect from
the 1st day of April, 2010, namely:—
‘200A.(1) Where a statement of tax deduction at source has been made by a person deducting
any sum (hereafter referred to in this section as deductor) under section 200, such statement shall
be processed in the following manner, namely:—
Amendment of
section 194-I.
Amendment
of section
197A.
Insertion of new
section 200A.
Processing of
statements of
tax deducted at
source.
21 of 1860.
3 of 1956.
Amendment of
section 200.
5
10
15
20
25
30
35
40
45
50
21
https://indiabudget.nic.in
(a) the sums deductible under this Chapter shall be computed after making the following
adjustments, namely:—
(i) any arithmetical error in the statement; or
(ii) an incorrect claim, apparent from any information in the statement;
(b) the interest, if any, shall be computed on the basis of the sums deductible as computed in
the statement;
(c) the sum payable by, or the amount of refund due to, the deductor shall be determined after
adjustment of amount computed under clause (b) against any amount paid under section 200
and section 201, and any amount paid otherwise by way of tax or interest;
(d) an intimation shall be prepared or generated and sent to the deductor 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 deductor in pursuance of the determination under clause
(c) shall be granted to the deductor:
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 filed.
Explanation.—For the purposes of this sub-section, “an incorrect claim apparent from any
information in the statement” shall mean a claim, on the basis of an entry, in the statement—
(i) of an item, which is inconsistent with another entry of the same or some other item in such
statement;
(ii) in respect of rate of deduction of tax at source, where such rate is not in accordance with
the provisions of this Act;
(2) For the purposes of processing of statements under sub-section (1), the Board may make a
scheme for centralised processing of statements of tax deducted at source to expeditiously determine
the tax payable by, or the refund due to, the deductor as required under the said sub-section.
65. In section 201 of the Income-tax Act,—
(a) in sub-section (1A), for the words “the quarterly statement for each quarter”, the words “the
statement” shall be substituted with effect from the 1st day of October, 2009;
(b) after sub-section (2), the following sub-sections shal be inserted with effect from the 1st day
of April, 2010, namely:—
‘‘(3) No order shall be made under sub-section (1) deeming a person to be an assessee in
default for failure to deduct the whole or any part of the tax from a person resident in India, at any
time after the expiry of—
(i) two years from the end of the financial year in which the statement is filed in a case where
the statement referred to in section 200 has been filed;
(ii) four years from the end of the financial year in which payment is made or credit is given,
in any other case:
Provided that such order for a financial year commencing on or before the 1st day of April, 2007
may be passed at any time on or before the 31st day of March, 2011.
(4) The provisions of sub-clause (ii) of sub-section (3) of section 153 and of Explanation 1 to
Amendment of
section 201.
5
10
15
20
25
30
35
22
https://indiabudget.nic.in
section 153 shall, so far as may, apply to the time limit prescribed in sub-section (3).’’.
66. In section 203A of the Income-tax Act, in sub-section (2), in clause (ba), the word “quarterly’’
shall be omitted with effect from the 1st day of October, 2009.
67. In section 206A of the Income-tax Act, with effect from the 1st day of October, 2009—
(a) in sub-section (1), for the words, figures and letters “quarterly returns for the period ending on
the 30th June, the 30th September, the 31st December and the 31st March in each financial year”,
the words “such statements for such period as may be prescribed” shall be substituted;
(b) in sub-section (2), for the words “quarterly returns”, the words “such statements’’ shall be
substituted.
68. After section 206A of the Income-tax Act, the following section shall be inserted with effect from
the 1st day of April, 2010, namely:—
“206AA. (1) Notwithstanding anything contained in any other provisions of this Act, any person
entitled to receive any sum or income or amount, on which tax is deductible under Chapter XVIIB
(hereafter referred to as deductee) shall furnish his Permanent Account Number to the person
responsible for deducting such tax (hereafter referred to as deductor), failing which tax shall be
deducted at the higher of the following rates, namely:—
(i) at the rate specified in the relevant provision of this Act; or
(ii) at the rate or rates in force; or
(iii) at the rate of twenty per cent.
(2) No declaration under sub-section (1) or sub-section (1A) or sub-section (1C) of section 197A
shall be valid unless the person furnishes his Permanent Account Number in such declaration.
(3) In case any declaration becomes invalid under sub-section (2), the deductor shall deduct the
tax at source in accordance with the provisions of sub-section (1).
(4) No certificate under section 197 shall be granted unless the application made under that
section contains the Permanent Account Number of the applicant.
(5) The deductee shall furnish his Permanent Account Number to the deductor and both shall indicate
the same in all the correspondence, bills, vouchers and other documents which are sent to each other.
(6) Where the Permanent Account Number provided to the deductor is invalid or does not belong
to the deductee, it shall be deemed that the deductee has not furnished his Permanent Account
Number to the deductor and the provisions of sub-section (1) shall apply accordingly.”.
69. In section 206C of the Income-tax Act, in sub-section (3), in the proviso, for the words, figures
and letters ‘‘prepare quarterly statements for the period ending on the 30th June, the 30th September,
the 31st December and the 31st March in each financial year”, the words “prepare such statements for
such period as may be prescribed” shall be substituted with effect from the 1st day of October, 2009.
70. In section 208 of the Income-tax Act, for the words “five thousand rupees”, the words “ten
thousand rupees” shall be substituted.
71. In section 246A of the Income-tax Act, in sub-section (1), in clause (a), for the words, brackets
and figures “under sub-section (3) of section 143”, the words, brackets and figures “under sub-section
(3) of section 143 except an order passed in pursuance of directions of Dispute Resolution Panel” shall
be substituted with effect from the 1st day of October, 2009.
72. In section 253 of the Income-tax Act, in sub-section (1), after clause (c), the following clause
Amendment of
section 206C.
Amendment of
section 208.
Amendment
of section
246A.
Amendment of
section 253.
Requirement
to furnish
Permanent
Account
Number.
Amendment of
section 203A.
Amendment of
section 206A.
Insertion of
new section
206AA.
5
10
15
20
25
30
35
40
23
https://indiabudget.nic.in
shall be inserted with effect from the 1st day of October, 2009, namely:—
“(d) an order passed by an Assessing Officer under sub-section (3) of section 143 in pursuance
of the directions of the Dispute Resolution Panel or an order passed under section 154 in respect
of such order.”.
73. In section 271 of the Income-tax Act, in sub-section (1), for Explanation 5A, the following
Explanation shall be substituted and shall be deemed to have been substituted with effect from the 1st
day of June, 2007, namely:—
“Explanation 5A.— Where, in the course of a search initiated under section 132 on or after the
1st day of June, 2007, the assessee is found to be the owner of—
(i) any money, bullion, jewellery or other valuable article or thing (hereafter in this Explanation
referred to as assets) and the assessee claims that such assets have been acquired by him
by utilising (wholly or in part) his income for any previous year; or
(ii) any income based on any entry in any books of account or other documents or
transactions and he claims that such entry in the books of account or other documents or
transactions represents his income (wholly or in part) for any previous year,
which has ended before the date of search and,—
(a) where the return of income for such previous year has been furnished before the said date
but such income has not been declared therein; or
(b) the due date for filing the return of income for such previous year has expired but the
assessee has not filed the return,
then, notwithstanding that such income is declared by him in any return of income furnished on or
after the date of search, he shall, for the purposes of imposition of a penalty under clause (c) of subsection
(1) of this section, be deemed to have concealed the particulars of his income or furnished
inaccurate particulars of such income.”.
74. In section 272A of the Income-tax Act, in sub-section (2), in clause (l), for the words “quarterly
return”, the word “statements’’ shall be substituted with effect from the 1st day of October, 2009.
75. In section 281B of the Income-tax Act, in sub-section (2), after the second proviso, the following
proviso shall be inserted and shall be deemed to have been inserted with effect from the 1st day of
April, 1988, namely:—
“Provided also that the period during which the proceedings for assessment or reassessment are
stayed by an order or injunction of any court shall be excluded from the period specified in the first
proviso.”.
76. For section 282 of the Income-tax Act, the following section shall be substituted with effect from
the 1st day of October, 2009, namely:—
‘282. (1) The service of a notice or summon or requisition or order or any other communication
under this Act (hereafter in this section referred to as “communication”) may be made by delivering
or transmitting a copy thereof, to the person therein named,—
(a) by post or by such courier services as may be approved by the Board; or
(b) in such manner as provided under the Code of Civil Procedure, 1908 for the purposes of
service of summons; or
(c) in the form of any electronic record as provided in Chapter IV of the Information Technology
Act, 2000;
(d) by any other means of transmission of documents as provided by rules made by the Board
in this behalf.
(2) The Board may make rules providing for the addresses (including the address for electronic
mail or electronic mail message) to which the communication referred to in sub-section (1) may be
delivered or transmitted to the person therein named.
Explanation.—For the purposes of this section, the expressions “electronic mail” and “electronic
mail message” shall have the meanings as assigned to them in Explanation to section 66A of the
Information Technology Act, 2000.”.
77. After section 282A of Income-tax Act, the following section shall be inserted with effect from the
1st day of October, 2010, namely:—
Amendment
of section
271.
Amendment
of section
281B.
Amendment
of section
272A.
Substitution of
new section for
section 282.
Service of
notice
generally.
21 of 2000.
5 of 1908.
Insertion of
new section
282B.
21 of 2000.
5
10
15
20
25
30
35
40
45
50
24
https://indiabudget.nic.in
“282B. (1) Every income-tax authority shall allot a computer generated Document Identification
Number in respect of every notice, order, letter or any correspondence issued by him to any other
income-tax authority or assessee or any other person and such number shall be quoted thereon.
(2) Where the notice, order, letter or any correspondence, issued by any income-tax authority,
does not bear a Document Identification Number referred to in sub-section (1), such notice, order,
letter or any correspondence shall be treated as invalid and shall be deemed never to have been
issued.
(3) Every document, letter or any correspondence, received by an income-tax authority or on
behalf of such authority, shall be accepted only after allotting and quoting of a computer generated
Document Identification Number.
(4) Where the document, letter or any correspondence received by any income-tax authority or
on behalf of such authority does not bear the Document Identification Number referred to in subsection
(3), such document, letter or any correspondence shall be treated as invalid and shall be
deemed never to have been received.”.
78. After section 293B of the Income-tax Act, the following section shall be inserted with effect from
the 1st day of October, 2009, namely :—
“293C. Where an income-tax authority, who has been conferred upon the power under any
provision of this Act to grant any approval to any assessee, such authority may, notwithstanding
that a provision to withdraw such approval has not been specifically provided for in such provision,
withdraw such approval at any time:
Provided that the income-tax authority shall, after giving a reasonable opportunity of showing
cause against the proposed withdrawal to the assessee concerned, at any time, withdraw the approval
after recording the reasons for doing so.”.
79. In the First Schedule to the Income-tax Act, in rule 5,—
(i) for the portion beginning with the words “balance of the profits”, and ending with the words
“Controller of Insurance,”, the following shall be substituted with effect from the 1st day of April,
2011, namely:—
“profit before tax and appropriations as disclosed in the profit and loss account prepared in
accordance with the provisions of the Insurance Act, 1938 or rules made thereunder or the provision
of the Insurance Regulatory and Development Authority Act, 1999 or regulations made thereunder,”;
(ii) after clause (a), the following clause shall be inserted with effect from the 1st day of April,
2011, namely:—
“(b) (i) deduction in respect of any amount either written off or provided in the accounts to meet
diminution in or loss on realisation of investments in accordance with the regulations made by
Insurance Regulatory and Development Authority;
(ii) increase in respect of any amount taken credit for in the accounts on account of appreciation
of or gains on realisation of investments in accordance with the regulations made by Insurance
Regulatory and Development Authority.”.
80. In the Fourth Schedule to the Income-tax Act, in Part A, in rule 3, in sub-rule (1), in the first
proviso, for the figures, letters and words “31st day of March, 2009,”, the figures, letters and words
“31st day of December, 2010,” shall be substituted.
81. In the Thirteenth Schedule to the Income-tax Act, under Part B, for S.No.19 and the entries
relating thereto, the following S.No. and entries shall be substituted with effect from the 1st day of April,
2010, namely:—
S.No. Activity or article or thing Excise Sub-class
classification under National
Industrial
Classification
(NIC), 1998
“19 Manufacture of pulp-wood pulp, mechanical or chemical
(including dissolving pulp) 4701.00
Newsprint in rolls or sheets 4801.00
Writing or printing paper for printing of
educational textbooks 4802.10
Paper or paperboard, in the manufacture of which— 4802.20
(a) the principal process of lifting the pulp is done
by hand; and
Allotment of
Document
Identification
Number.
Insertion of
new section
293C.
Power to
withdraw
approval.
Amendment
of First
Schedule.
4 of 1938.
Amendment
of Fourth
Schedule.
Amendment
of Thirteenth
Schedule.
41 of 1999.
5
10
15
20
25
30
35
40
45
50
55
25
https://indiabudget.nic.in
(b) if power driven sheet forming equipment is used,
the Cylinder Mould Vat does not exceeds 40 inches
Maplitho paper supplied to a Braille press against
an indent placed by the National Institute for Visually
Handicapped, Dehradun 4802.30
Others 4802.90
Toilet or facial tissue stock, towel or napkin stock and 4803.00
similar paper of a kind used for household or sanitary
purposes, cellulose wadding and webs of cellulose
fibres, whether or not creped, crinkled embossed, perforated,
surfact-coloured, surface decorated or printed, in rolls of
a width exceeding 36 cms. or in rectangular
(including square) sheets with at least one side
exceeding 36 cms. in unfolded state.
Kraft paper supplied to a Braille press against an 4804.10
indent placed by the National Institute for Visually
Handicapped, Dehradun
Kraft paper and paperboard used in the manufacture of 4804.20
cartons for packing of horticultural produce
Others 4804.90
Other uncoated paper and paperboard, in roll or sheets, 4805.00
not further worked or processed than as specified in
Note 2 to this Chapter.
Grease-proof paper 4806.10
Glassine and other glazed transparent or translucent paper 4806.20
Others 4806.90
Straw Board, in the manufacture of which sun-drying 4807.91
process has been employed.
Straw paper and other straw board, whether or not 4807.92
covered with paper other than straw paper.
Other 4807.99
Carbon or similar copying papers 4809.10
Self-copy paper 4809.20
Others 4809.90
Paper and paperboard of a kind used for writing, printing 4810.10
or other graphic purposes.
Kraft paper and paperboard other than that of a kind used 4810.20
for writing, printing or other graphic purposes.
Other paper and paperboard 4810.90
Tarred, bituminized or asphalted paper and paperboard. 4811.10
Gummed or adhesive paper and paperboard 4811.20
S.No. Activity or article or thing Excise Sub-class
classification under National
Industrial
Classification
5 (NIC), 1998
10
15
20
25
30
35
40
45
26
https://indiabudget.nic.in
Amendment of
section 3.
Amendment of
section 44A.
S.No. Activity or article or thing Excise Sub-class
classification under National
Industrial
Classification
(NIC), 1998
CHAPTER IV
INDIRECT TAXES
Customs
84. After section 26 of the Customs Act, 1962 (hereinafter referred to as the Customs Act), the
following section shall be inserted, namely:—
‘26A. (1) Where on the importation of any goods capable of being easily identified as such
imported goods, any duty has been paid on clearance of such goods for home consumption, such
duty shall be refunded to the person by whom or on whose behalf it was paid, if—
(a) the goods are found to be defective or otherwise not in conformity with the specifications
agreed upon between the importer and the supplier of goods:
Provided that the goods have not been worked, repaired or used after importation except
where such use was indispensable to discover the defects or non-conformity with the specifications;
(b) the goods are identified to the satisfaction of the Assistant Commissioner of Customs or
Deputy Commissioner of Customs as the goods which were imported;
(c) the importer does not claim drawback under any other provisions of this Act; and
(d) (i) the goods are exported; or
(ii) the importer relinquishes his title to the goods and abandons them to customs; or
(iii) such goods are destroyed or rendered commercially valueless in the presence of the
Insertion of
new section
26A.
Refund of
import duty
in certain
cases.
52 of 1962.
-Paper and paperboard coated, impregnated or covered
with plastic (excluding adhesives).
Products consisting of sheets of paper or paperboard, 4811.31
impregnated, coated or covered with plastics (including
thermoset resins or mixtures thereof or chemical
formulations containing melamine, phenol, urea formaldehyde
with or without curing agents or catalysts), compressed
together in one or more operations; Products known
commercially as decorative laminates.
Others 4811.39
Paper and paperboard, coated, impregnated or covered 4811.40
with wax, paraffin wax, stearin, oil or glycerol.
Other 4811.90
Cigarette paper, whether or not cut to size or in the 4813.00.”.
form of booklets or tubes
Wealth-tax
82. In section 3 of the Wealth-tax Act, 1957 (hereinafter referred to as the Wealth-tax Act), after subsection
(2), the following proviso shall be inserted with effect from the 1st day of April, 2010, namely:—
‘Provided that in the case of every assessment year commencing on and from the 1st day of
April, 2010, the provisions of this section shall have effect as if for the words “fifteen lakh rupees”,
the words “thirty lakh rupees” had been substituted.’.
83. In section 44A of the Wealth-tax Act, in the Explanation, for the words “any country”, the words
“any country outside India or any territory outside India” shall be substituted with effect from the 1st
day of October, 2009.
27 of 1957.
5
10
15
20
25
30
35
40
45
 
 
26
https://indiabudget.nic.in
Amendment of
section 3.
Amendment of
section 44A.
S.No. Activity or article or thing Excise Sub-class
classification under National
Industrial
Classification
(NIC), 1998
CHAPTER IV
INDIRECT TAXES
Customs
84. After section 26 of the Customs Act, 1962 (hereinafter referred to as the Customs Act), the
following section shall be inserted, namely:—
‘26A. (1) Where on the importation of any goods capable of being easily identified as such
imported goods, any duty has been paid on clearance of such goods for home consumption, such
duty shall be refunded to the person by whom or on whose behalf it was paid, if—
(a) the goods are found to be defective or otherwise not in conformity with the specifications
agreed upon between the importer and the supplier of goods:
Provided that the goods have not been worked, repaired or used after importation except
where such use was indispensable to discover the defects or non-conformity with the specifications;
(b) the goods are identified to the satisfaction of the Assistant Commissioner of Customs or
Deputy Commissioner of Customs as the goods which were imported;
(c) the importer does not claim drawback under any other provisions of this Act; and
(d) (i) the goods are exported; or
(ii) the importer relinquishes his title to the goods and abandons them to customs; or
(iii) such goods are destroyed or rendered commercially valueless in the presence of the
Insertion of
new section
26A.
Refund of
import duty
in certain
cases.
52 of 1962.
-Paper and paperboard coated, impregnated or covered
with plastic (excluding adhesives).
Products consisting of sheets of paper or paperboard, 4811.31
impregnated, coated or covered with plastics (including
thermoset resins or mixtures thereof or chemical
formulations containing melamine, phenol, urea formaldehyde
with or without curing agents or catalysts), compressed
together in one or more operations; Products known
commercially as decorative laminates.
Others 4811.39
Paper and paperboard, coated, impregnated or covered 4811.40
with wax, paraffin wax, stearin, oil or glycerol.
Other 4811.90
Cigarette paper, whether or not cut to size or in the 4813.00.”.
form of booklets or tubes
Wealth-tax
82. In section 3 of the Wealth-tax Act, 1957 (hereinafter referred to as the Wealth-tax Act), after subsection
(2), the following proviso shall be inserted with effect from the 1st day of April, 2010, namely:—
‘Provided that in the case of every assessment year commencing on and from the 1st day of
April, 2010, the provisions of this section shall have effect as if for the words “fifteen lakh rupees”,
the words “thirty lakh rupees” had been substituted.’.
83. In section 44A of the Wealth-tax Act, in the Explanation, for the words “any country”, the words
“any country outside India or any territory outside India” shall be substituted with effect from the 1st
day of October, 2009.
27 of 1957.
5
10
15
20
25
30
35
40
45

Guest (Guest)     11 July 2009

 Chapter 4

 

 

 
Amendment of
section 3.
Amendment of
section 44A.
S.No. Activity or article or thing Excise Sub-class
classification under National
Industrial
Classification
(NIC), 1998
CHAPTER IV
INDIRECT TAXES
Customs
84. After section 26 of the Customs Act, 1962 (hereinafter referred to as the Customs Act), the
following section shall be inserted, namely:—
‘26A. (1) Where on the importation of any goods capable of being easily identified as such
imported goods, any duty has been paid on clearance of such goods for home consumption, such
duty shall be refunded to the person by whom or on whose behalf it was paid, if—
(a) the goods are found to be defective or otherwise not in conformity with the specifications
agreed upon between the importer and the supplier of goods:
Provided that the goods have not been worked, repaired or used after importation except
where such use was indispensable to discover the defects or non-conformity with the specifications;
(b) the goods are identified to the satisfaction of the Assistant Commissioner of Customs or
Deputy Commissioner of Customs as the goods which were imported;
(c) the importer does not claim drawback under any other provisions of this Act; and
(d) (i) the goods are exported; or
(ii) the importer relinquishes his title to the goods and abandons them to customs; or
(iii) such goods are destroyed or rendered commercially valueless in the presence of the
Insertion of
new section
26A.
Refund of
import duty
in certain
cases.
52 of 1962.
-Paper and paperboard coated, impregnated or covered
with plastic (excluding adhesives).
Products consisting of sheets of paper or paperboard, 4811.31
impregnated, coated or covered with plastics (including
thermoset resins or mixtures thereof or chemical
formulations containing melamine, phenol, urea formaldehyde
with or without curing agents or catalysts), compressed
together in one or more operations; Products known
commercially as decorative laminates.
Others 4811.39
Paper and paperboard, coated, impregnated or covered 4811.40
with wax, paraffin wax, stearin, oil or glycerol.
Other 4811.90
Cigarette paper, whether or not cut to size or in the 4813.00.”.
form of booklets or tubes
Wealth-tax
82. In section 3 of the Wealth-tax Act, 1957 (hereinafter referred to as the Wealth-tax Act), after subsection
(2), the following proviso shall be inserted with effect from the 1st day of April, 2010, namely:—
‘Provided that in the case of every assessment year commencing on and from the 1st day of
April, 2010, the provisions of this section shall have effect as if for the words “fifteen lakh rupees”,
the words “thirty lakh rupees” had been substituted.’.
83. In section 44A of the Wealth-tax Act, in the Explanation, for the words “any country”, the words
“any country outside India or any territory outside India” shall be substituted with effect from the 1st
day of October, 2009.
27 of 1957.
5
10
15
20
25
30
35
40
45
27
https://indiabudget.nic.in
proper officer,
in such manner as may be prescribed and within a period not exceeding thirty days from the date on
which the proper officer makes an order for the clearance of imported goods for home consumption
under section 47:
Provided that the period of thirty days may, on sufficient cause being shown, be extended by the
Commissioner of Customs for a period not exceeding three months:
Provided further that nothing contained in this section shall apply to the goods regarding which
an offence appears to have been committed under this Act or any other law for the time being in
force.
(2) An application for refund of duty shall be made before the expiry of six months from the
relevant date in such form and in such manner as may be prescribed.
Explanation.— For the purposes of this sub-section, “relevant date” means,—
(a) in cases where the goods are exported out of India, the date on which the proper officer
makes an order permitting clearance and loading of goods for exportation under section 51;
(b) in cases where the title to the goods is relinquished, the date of such relinquishment;
(c) in cases where the goods are destroyed or rendered commercially valueless, the date of
such destruction or rendering of goods commercially valueless.
(3) No refund under sub-section (1) shall be allowed in respect of perishable goods and goods
which have exceeded their shelf life or their recommended storage-before-use period.
(4) The Board may, by notification in the Official Gazette, specify any other condition subject to
which the refund under sub-section (1) may be allowed.’.
85. In section 28F of the Customs Act, after sub-section (2), the following sub-sections shall be
inserted with effect from such date as the Central Government may, by notification in the Official
Gazette, appoint, namely:—
‘(2A) Notwithstanding anything contained in sub-sections (1) and (2), or any other law for the time
being in force, the Central Government may, by notification in the Official Gazette, authorise an Authority
constituted under section 245-O of the Income-tax Act, 1961, to act as an Authority under this Chapter.
(2B) On and from the date of publication of notification under sub-section (2A), the Authority
constituted under sub-section (1) shall not exercise jurisdiction under this Chapter.
(2C) For the purposes of sub-section (2A), the reference to “an officer of the Indian Revenue
Service who is qualified to be a Member of Central Board of Direct Taxes” in clause (b) of sub-section
(2) of section 245-O of the Income-tax Act, 1961 shall be construed as reference to “an officer of the
Indian Customs and Central Excise Service who is qualified to be a Member of the Board”.
(2D) On and from the date of the authorisation of Authority under sub-section (2A), every application
and proceeding pending before the Authority constituted under sub-section (1) shall stand transferred
to the Authority so authorised from the stage at which such proceedings stood before the date of
such authorisation.’.
86. In section 130 of the Customs Act, after sub-section (2), the following sub-section shall be
inserted and shall be deemed to have been inserted with effect from the 1st day of July, 2003, namely:—
“(2A) The High Court may admit an appeal after the expiry of the period of one hundred and
eighty days referred to in clause (a) of sub-section (2), if it is satisfied that there was sufficient cause
for not filing the same within that period.”.
87. In section 130A of the Customs Act, after sub-section (3), the following sub-section shall be
inserted and shall be deemed to have been inserted with effect from the 1st day of July, 1999,
namely:—
“(3A) The High Court may admit an application or permit the filing of a memorandum of crossobjections
after the expiry of the relevant period referred to in sub-section (1) or sub-section (3), if it
is satisfied that there was sufficient cause for not filing the same within that period.”.
88. In section 137 of the Customs Act, in sub-section (3),—
(i) for the words “such compounding amount”, the words “such compounding amount and in such
manner of compounding” shall be substituted;
(ii) the following proviso shall be inserted, namely:—
Amendment
of section
28F.
Amendment of
section 130.
Amendment of
section 130A.
Amendment
of section
137.
43 of 1961.
43 of 1961.
5
10
15
20
25
30
35
40
45
50
28
https://indiabudget.nic.in
“Provided that nothing contained in this sub-section shall apply to-
(a) a person who has been allowed to compound once in respect of any offence under
sections 135 and 135A;
(b) a person who has been accused of committing an offence under this Act which is also
an offence under any of the following Acts, namely:—
(i) the Narcotic Drugs and Psychotropic Substances Act, 1985;
(ii) the Chemical Weapons Convention Act, 2000;
(iii) the Arms Act, 1959;
(iv) the Wild Life (Protection) Act, 1972;
(c) a person involved in smuggling of goods falling under any of the following, namely:—
(i) goods specified in the list of Special Chemicals, Organisms, Materials, Equipment
and Technology in Appendix 3 to Schedule 2 (Export Policy) of ITC (HS) Classification of
Export and Import Items of the Foreign Trade Policy, as amended from time to time, issued
under section 5 of the Foreign Trade (Development and Regulation) Act, 1992;
(ii) goods which are specified as prohibited items for import and export in the ITC (HS)
Classification of Export and Import Items of the Foreign Trade Policy, as amended from
time to time, issued under section 5 of the Foreign Trade (Development and Regulation)
Act, 1992;
(iii) any other goods or documents, which are likely to affect friendly relations with a
foreign State or are derogatory to national honour;
(d) a person who has been allowed to compound once in respect of any offence under this
Chapter for goods of value exceeding rupees one crore;
(e) a person who has been convicted under this Act on or after the 30th day of December,
2005.”.
89. In section 156 of the Customs Act, in sub-section (2), in clause (h), for the words ‘‘for
compounding’’, the words ‘‘for compounding and the manner of compounding’’ shall be substituted.
90. In section 157 of the Customs Act, in sub-section (2) after clause (a), the following clauses shall
be inserted, namely:—
‘‘(ai) the manner of export of goods, relinquishment of title to the goods and abandoning them to
customs and destruction or rendering of goods commercially valueless in the presence of the proper
officer under clause (d) of sub-section (1) of section 26A;
(aii) the form and manner of making application for refund of duty under sub-section (2) of section 26A;’’.
91. (1) The notification of the Government of India in the Ministry of Finance (Department of Revenue) No.
27/2009-CUSTOMS (N.T.), published in the Official Gazette vide number G.S.R. 173(E), dated the 17th
March, 2009, issued for the purpose of appointment of officers of customs under sub-section (1) of section 4
read with sub-section (1) of section 5 of the Customs Act, shall be deemed to be, and to have always been,
for all purposes, in force retrospectively on and from the 9th day of May, 2000 and accordingly, notwithstanding
anything contained in any judgment, decree or order of any court, tribunal or other authority,—
(a) any action taken or anything done by officers of customs appointed by the said notification to
discharge duties as an officer of customs on and from the 9th day of May, 2000 to the 16th day of
March, 2009, shall, for all purposes, be deemed to be, and to have always been, validly taken or
done as if the appointment so made with respect to the area of jurisdiction specified in the said
notification was in force at all material times;
(b) no suit or other proceedings shall be instituted, maintained or continued in any court, tribunal
or other authority against the Central Government or officers of customs appointed by the said
notification for any action taken or anything done in good faith during the discharge of his duties as
an officer of customs during the period on and from the 9th day of May, 2000 to the 16th day of
March, 2009, as if the appointment made with respect to the area of jurisdiction specified in the said
notification was in force at all material times;
(c) recovery made of any amount of duty or interest or penalty or fine or other charges by or
under the order or direction of officers of customs appointed by the said notification during the
period on and from the 9th day of May, 2000 to the 16th day of March, 2009 shall be deemed to be
valid, and to have always been, for all purposes, as validly and effectively made as if the appointment
made with respect to area of jurisdiction specified in the said notification was in force at all material
times.
(2) For the purposes of sub-section (1), the Central Board of Excise and Customs shall have and
shall be deemed to have always had the power to bring into force the said notification with retrospective
effect as if the Central Board of Excise and Customs had the power to bring into force the said notification
under sub-section (1) of section 4 read with sub-section (1) of section 5 of the Customs Act,
retrospectively, at all material times.
Explanation.—For the removal of doubts, it is hereby declared that no act or omission on the part of
any person shall be punishable as an offence which would not have been so punishable if the said
61 of 1985.
54 of 1959.
34 of 2000.
53 of 1972.
22 of 1992.
22 of 1992.
Validation of
certain
actions taken
by officers of
customs
appointed
under
section 4.
Amendment
of section
156.
Amendment
of section
157.
5
10
15
20
25
30
35
40
45
50
55
55
29
https://indiabudget.nic.in
notification had not come into force retrospectively.
92. (1) The notification of the Government of India, in the Ministry of Finance (Department of Revenue)
number G.S.R. 260(E), dated the 1st May, 2006, issued under sub-section (1) of section 25 of the
Customs Act shall stand amended and shall be deemed to have been amended in the manner as
specified 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 notification, shall be deemed to be, and
to have always been, for all purposes, as validly and effectively taken or done as if the notification 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 notification referred to in the said sub-section with retrospective effect as
if the Central Government had the power to amend the said notification under sub-section (1) of section
25 of the Customs Act, retrospectively, at all material times.
(3) Recovery shall be made of the amount which has not been paid but which would have been paid
as if the amendment made by sub-section (1) had been in force at all material times from the day on
which the Finance (No. 2) Bill, 2009 receives the assent of the President.
Explanation.—For the removal of doubts, it is hereby declared that no act or omission on the part of
any person shall be punishable as an offence which would not have been so punishable if this section
had not come into force.
Customs tariff
93. In section 3 of the Customs Tariff Act, 1975 (hereinafter referred to as the Customs Tariff Act),
in sub-section (2), after the proviso, the following proviso shall be inserted, namely:—
“Provided further that in the case of an article imported into India, where the Central Government
has fixed a tariff value for the like article produced or manufactured in India under sub-section (2) of
section 3 of the Central Excise Act, 1944, the value of the imported article shall be deemed to be
such tariff value.”.
94. In section 8B of the Customs Tariff Act, after sub-section (4), the following sub-section shall be
inserted and shall be deemed to have been inserted on and from the 14th day of May, 1997, namely:—
“(4A) The provisions of the Customs Act, 1962 and the rules and regulations made thereunder,
including those relating to the date for determination of rate of duty, assessment, non-levy, short
levy, refunds, interest, appeals, offences and penalties shall, as far as may be, apply to the duty
chargeable under this section as they apply in relation to duties leviable under that Act.”.
95. Any action taken or anything done or omitted to be done or purported to have been taken or
done or omitted to be done under any rule, regulation, notification or order made or issued under the
Customs Act, or any notification or order issued under such rule or regulation at any time during the
period commencing on and from the 14th day of May, 1997 and ending with the day, the Finance
(No. 2) Bill, 2009 receives the assent of the President shall be deemed to be, and to have always been,
for all purposes, as validly and effectively taken or done or omitted to be done as if the amendment
made in section 8B of the Customs Tariff Act by section 94 of Finance (No. 2) Act, 2009 had been in
force at all material times and accordingly, notwithstanding anything contained in any judgment, decree
or order of any court, tribunal or other authority,—
(a) any action taken or anything done or omitted to be done, during the said period in respect of
any goods, under any such rule, regulation, notification or order, shall be deemed to be and shall be
deemed always to have been, as validly taken or done or omitted to be done as if the amendment
made by the said section had been in force at all material times;
(b) no suit or other proceedings shall be maintained or continued in any court, tribunal or other
authority for any action taken or anything done or omitted to be done, in respect of any goods, under
any such rule, regulation, notification or order, and no enforcement shall be made by any court, of
any decree or order relating to such action taken or anything done or omitted to be done as if the
amendment made by the said section had been in force at all material times;
(c) recovery shall be made of all such amounts of duty or interest or penalty or fine or other
charges which have not been collected or, as the case may be, which have been refunded, as if the
amendment made by the said section had been in force at all material times.
Explanation.— For the removal of doubts, it is hereby declared that no act or omission on the
Amendment of
notification
issued under
section 25 of the
Customs Act.
Amendment of
section 3.
51 of 1975.
1 of 1944.
Amendment of
section 8B.
52 of 1962.
Validation of
certain actions
taken under
section 8B of
Act 51 of 1975.
5
10
15
20
25
30
35
40
45
50
55
30
https://indiabudget.nic.in
part of any person shall be punishable as an offence which would not have been so punishable if
this section had not come into force.
96. In section 8C of the Customs Tariff Act, after sub-section (5), the following sub-section shall be
inserted and shall be deemed to have been inserted on and from the 11th day of May, 2002, namely:—
“(5A) The provisions of the Customs Act, 1962 and the rules and regulations made thereunder,
including those relating to the date for determination of rate of duty, assessment, non-levy, short
levy, refunds, interest, appeals, offences and penalties shall, as far as may be, apply to the duty
chargeable under this section as they apply in relation to duties leviable under that Act.”.
97. Any action taken or anything done or omitted to be done or purported to have been taken or
done or omitted to be done under any rule, regulation, notification or order made or issued under the
Customs Act, or any notification or order issued under such rule or regulation at any time during the
period commencing on and from the 11th day of May, 2002 and ending with the day, the Finance
(No. 2) Bill, 2009 receives the assent of the President shall be deemed to be, and to have always
been, for all purposes, as validly and effectively taken or done or omitted to be done as if the
amendment made in section 8C of the Customs Tariff Act by section 96 of the Finance (No. 2) Act,
2009 had been in force at all material times and accordingly, notwithstanding anything contained in
any judgment, decree or order of any court, tribunal or other authority,—
(a) any action taken or anything done or omitted to be done, during the said period in respect of
any goods, under any such rule, regulation, notification or order, shall be deemed to be and shall be
deemed always to have been, as validly taken or done or omitted to be done as if the amendment
made by the said section had been in force at all material times;
(b) no suit or other proceedings shall be maintained or continued in any court, tribunal or other
authority for any action taken or anything done or omitted to be done, in respect of any goods, under
any such rule, regulation, notification or order, and no enforcement shall be made by any court, of
any decree or order relating to such action taken or anything done or omitted to be done as if the
amendment made by the said section had been in force at all material times;
(c) recovery shall be made of all such amounts of duty or interest or penalty or fine or other
charges which have not been collected or, as the case may be, which have been refunded, as if the
amendment made by the said section had been in force at all material times.
Explanation.— For the removal of doubts, it is hereby declared that no act or omission on the part
of any person shall be punishable as an offence which would not have been so punishable if this
section had not come into force.
98. In section 9 of the Customs Tariff Act, for sub-section (7A), the following sub-section shall be substituted
and shall be deemed to have been substituted on and from the 1st day of January, 1995, namely:—
“(7A) The provisions of the Customs Act, 1962 and the rules and regulations made thereunder,
including those relating to the date for determination of rate of duty, assessment, non-levy, short
levy, refunds, interest, appeals, offences and penalties shall, as far as may be, apply to the duty
chargeable under this section as they apply in relation to duties leviable under that Act.”.
99. Any action taken or anything done or omitted to be done or purported to have been taken or
done or omitted to be done under any rule, regulation, notification or order made or issued under the
Customs Act, or any notification or order issued under such rule or regulation at any time during the
period commencing on and from the 1st day of January, 1995 and ending with the day, the Finance
(No. 2) Bill, 2009 receives the assent of the President shall be deemed to be, and to have always
been, for all purposes, as validly and effectively taken or done or omitted to be done as if the amendment
made in section 9 of the Customs Tariff Act by section 98 of the Finance (No. 2) Act, 2009 had been in
force at all material times and accordingly, notwithstanding anything contained in any judgment, decree
or order of any court, tribunal or other authority,—
(a) any action taken or anything done or omitted to be done, during the said period in respect of
any goods, under any such rule, regulation, notification or order, shall be deemed to be and shall be
deemed always to have been, as validly taken or done or omitted to be done as if the amendment
made by the said section had been in force at all material times;
(b) no suit or other proceedings shall be maintained or continued in any court, tribunal or other
authority for any action taken or anything done or omitted to be done, in respect of any goods, under
any such rule, regulation, notification or order, and no enforcement shall be made by any court, of
any decree or order relating to such action taken or anything done or omitted to be done as if the
amendment made by the said section had been in force at all material times;
(c) recovery shall be made of all such amounts of duty or interest or penalty or fine or other
charges which have not been collected or, as the case may be, which have been refunded, as if the
Amendment
of section 8C.
52 of 1962.
Validation
of certain
actions
taken under
section 8C
of Act 51
of 1975.
Amendment
of section 9.
52 of 1962.
Validation of
certain
actions taken
under section
9 of Act 51
of 1975.
5
10
15
20
25
30
35
40
45
50
50
31
https://indiabudget.nic.in
amendment made by the said section had been in force at all material times.
Explanation.— For the removal of doubts, it is hereby declared that no act or omission on the part
of any person shall be punishable as an offence which would not have been so punishable if this
section had not come into force.
100. In section 9A of the Customs Tariff Act,—
(i) in sub-section (1), for the words “any article is exported”, the words “any article is exported by
an exporter or producer” shall be substituted;
(ii) after sub-section (6), the following sub-section shall be inserted, namely:—
“(6A) The margin of dumping in relation to an article, exported by an exporter or producer,
under inquiry under sub-section (6) shall be determined on the basis of records concerning
normal value and export price maintained, and information provided, by such exporter or
producer:
Provided that where an exporter or producer fails to provide such records or information, the
margin of dumping for such exporter or producer shall be determined on the basis of facts
available.”;
(iii) for sub-section (8), the following sub-section shall be substituted and shall always be deemed
to have been substituted on and from the 1st day of January, 1995, namely:—
“(8) The provisions of the Customs Act, 1962 and the rules and regulations made thereunder,
including those relating to the date for determination of rate of duty, assessment, non-levy, short
levy, refunds, interest, appeals, offences and penalties shall, as far as may be, apply to the duty
chargeable under this section as they apply in relation to duties leviable under that Act.”.
101. Any action taken or anything done or omitted to be done or purported to have been taken or
done or omitted to be done under any rule, regulation, notification or order made or issued under the
Customs Act, or any notification or order issued under such rule or regulation at any time during the
period commencing on and from the 1st day of January, 1995 and ending with the day, the Finance
(No. 2) Bill, 2009 receives the assent of the President shall be deemed to be, and to have always
been, for all purposes, as validly and effectively taken or done or omitted to be done as if the amendment
made in section 9A of the Customs Tariff Act by clause (iii) of section 100 of the Finance (No. 2) Act,
2009 had been in force at all material times and accordingly, notwithstanding anything contained in
any judgment, decree or order of any court, tribunal or other authority,—
(a) any action taken or anything done or omitted to be done, during the said period in respect of
any goods, under any such rule, regulation, notification or order, shall be deemed to be and shall be
deemed always to have been, as validly taken or done or omitted to be done as if the amendment
made by the said section had been in force at all material times;
(b) no suit or other proceedings shall be maintained or continued in any court, tribunal or other
authority for any action taken or anything done or omitted to be done, in respect of any goods,
under any such rule, regulation, notification or order, and no enforcement shall be made by any
court, of any decree or order relating to such action taken or anything done or omitted to be done as
if the amendment made by the said section had been in force at all material times;
(c) recovery shall be made of all such amounts of duty or interest or penalty or fine or other
charges which have not been collected or, as the case may be, which have been refunded, as if the
amendment made by the said section had been in force at all material times.
Explanation.— For the removal of doubts, it is hereby declared that no act or omission on the
part of any person shall be punishable as an offence which would not have been so punishable if
this section had not come into force.
102. The First Schedule to the Customs Tariff Act shall be amended in the manner as specified in
the Third Schedule.
Excise
103. In section 9A of the Central Excise Act, 1944 (hereinafter referred to as the Central Excise
Act), in sub-section (2),—
(i) for the words “such compounding amount”, the words “such compounding amount and in such
manner of compounding” shall be substituted;
(ii) the following proviso shall be inserted, namely:—
“Provided that nothing contained in this sub-section shall apply to—
Amendment of
section 9A.
52 of 1962.
Validation of
certain actions
taken under
section 9A
of Act 51
of 1975.
Amendment of
First
Schedule.
Amendment of
section 9A.
1 of 1944.
5
10
15
20
25
30
35
40
45
50
 
 
31
https://indiabudget.nic.in
amendment made by the said section had been in force at all material times.
Explanation.— For the removal of doubts, it is hereby declared that no act or omission on the part
of any person shall be punishable as an offence which would not have been so punishable if this
section had not come into force.
100. In section 9A of the Customs Tariff Act,—
(i) in sub-section (1), for the words “any article is exported”, the words “any article is exported by
an exporter or producer” shall be substituted;
(ii) after sub-section (6), the following sub-section shall be inserted, namely:—
“(6A) The margin of dumping in relation to an article, exported by an exporter or producer,
under inquiry under sub-section (6) shall be determined on the basis of records concerning
normal value and export price maintained, and information provided, by such exporter or
producer:
Provided that where an exporter or producer fails to provide such records or information, the
margin of dumping for such exporter or producer shall be determined on the basis of facts
available.”;
(iii) for sub-section (8), the following sub-section shall be substituted and shall always be deemed
to have been substituted on and from the 1st day of January, 1995, namely:—
“(8) The provisions of the Customs Act, 1962 and the rules and regulations made thereunder,
including those relating to the date for determination of rate of duty, assessment, non-levy, short
levy, refunds, interest, appeals, offences and penalties shall, as far as may be, apply to the duty
chargeable under this section as they apply in relation to duties leviable under that Act.”.
101. Any action taken or anything done or omitted to be done or purported to have been taken or
done or omitted to be done under any rule, regulation, notification or order made or issued under the
Customs Act, or any notification or order issued under such rule or regulation at any time during the
period commencing on and from the 1st day of January, 1995 and ending with the day, the Finance
(No. 2) Bill, 2009 receives the assent of the President shall be deemed to be, and to have always
been, for all purposes, as validly and effectively taken or done or omitted to be done as if the amendment
made in section 9A of the Customs Tariff Act by clause (iii) of section 100 of the Finance (No. 2) Act,
2009 had been in force at all material times and accordingly, notwithstanding anything contained in
any judgment, decree or order of any court, tribunal or other authority,—
(a) any action taken or anything done or omitted to be done, during the said period in respect of
any goods, under any such rule, regulation, notification or order, shall be deemed to be and shall be
deemed always to have been, as validly taken or done or omitted to be done as if the amendment
made by the said section had been in force at all material times;
(b) no suit or other proceedings shall be maintained or continued in any court, tribunal or other
authority for any action taken or anything done or omitted to be done, in respect of any goods,
under any such rule, regulation, notification or order, and no enforcement shall be made by any
court, of any decree or order relating to such action taken or anything done or omitted to be done as
if the amendment made by the said section had been in force at all material times;
(c) recovery shall be made of all such amounts of duty or interest or penalty or fine or other
charges which have not been collected or, as the case may be, which have been refunded, as if the
amendment made by the said section had been in force at all material times.
Explanation.— For the removal of doubts, it is hereby declared that no act or omission on the
part of any person shall be punishable as an offence which would not have been so punishable if
this section had not come into force.
102. The First Schedule to the Customs Tariff Act shall be amended in the manner as specified in
the Third Schedule.
Excise
103. In section 9A of the Central Excise Act, 1944 (hereinafter referred to as the Central Excise
Act), in sub-section (2),—
(i) for the words “such compounding amount”, the words “such compounding amount and in such
manner of compounding” shall be substituted;
(ii) the following proviso shall be inserted, namely:—
“Provided that nothing contained in this sub-section shall apply to—
Amendment of
section 9A.
52 of 1962.
Validation of
certain actions
taken under
section 9A
of Act 51
of 1975.
Amendment of
First
Schedule.
Amendment of
section 9A.
1 of 1944.
5
10
15
20
25
30
35
40
45
50
32
https://indiabudget.nic.in
(a) a person who has been allowed to compound once in respect of any of the offences
under the provisions of clause (a), (b), (bb), (bbb), (bbbb) or (c) of sub-section (1) of section 9;
(b) a person who has been accused of committing an offence under this Act which is also
an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985;
(c) a person who has been allowed to compound once in respect of any offence under this
Chapter for goods of value exceeding rupees one crore;
(d) a person who has been convicted by the court under this Act on or after the 30th day of
December, 2005.”.
104. In section 14A of the Central Excise Act,—
(i) in sub-sections (1) and (2), for the words “cost accountant,”, the words “cost accountant or
chartered accountant” shall be substituted;
(ii) the Explanation shall be renumbered as Explanation 1 thereof, and after Explanation 1 as so
renumbered, the following Explanation shall be inserted, namely:—
‘Explanation 2.—For the purposes of this section, “chartered accountant” shall have the meaning
assigned to it in clause (b) of sub-section (1) of section 2 of the Chartered Accountants Act,
1949.’.
105. In section 14AA of the Central Excise Act,—
(i) in sub-sections (1) and (2), for the words “cost accountant”, the words “cost accountant or
chartered accountant” shall be substituted;
(ii) the Explanation shall be renumbered as Explanation 1 thereof, and after Explanation 1 as so
renumbered, the following Explanation shall be inserted, namely:—
‘Explanation 2.—For the purposes of this section, “chartered accountant” shall have the meaning
assigned to it in clause (b) of sub-section (1) of section 2 of the Chartered Accountants Act,
1949.’.
106. In section 23A of the Central Excise Act, for clause (e), the following clause shall be substituted,
namely:—
‘(e) “Authority” means the Authority for Advance Rulings, constituted under sub-section (1), or
authorised by the Central Government under sub-section (2A), of section 28F of the Customs Act,
1962.’.
107. In section 35G of the Central Excise Act, after sub-section (2), the following sub-section shall
be inserted and shall be deemed to have been inserted with effect from the 1st day of July, 2003,
namely:—
“(2A) The High Court may admit an appeal after the expiry of the period of one hundred and
eighty days referred to in clause (a) of sub-section (2), if it is satisfied that there was sufficient cause
for not filing the same within that period.”.
108. In section 35H of the Central Excise Act, after sub-section (3), the following sub-section shall
be inserted and shall be deemed to have been inserted with effect from the 1st day of July, 1999,
namely:—
“(3A) The High Court may admit an application or permit the filing of a memorandum of crossobjections
after the expiry of the relevant period referred to in sub-section (1) or sub-section (3), if it
is satisfied that there was sufficient cause for not filing the same within that period.”.
109. In section 37 of the Central Excise Act, in sub-section (2), in clause (id), for the words ‘‘for
compounding’’, the words ‘‘for compounding and the manner of compounding’’ shall be substituted.
110. (1) The notifications of the Government of India, in the Ministry of Finance (Department of
Revenue) numbers G.S.R. 448(E), dated the 1st August, 1997, G.S.R. 503(E), dated the 30th August,
1997 and G.S.R. 130(E), dated the 10th March, 1998, issued under section 37 of the Central Excise
Act, shall stand amended and shall be deemed to have been amended retrospectively in the manner
as specified against each of them in column (3) of the Fourth Schedule, on and from the corresponding
date mentioned in column (4) of that Schedule 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
to have always 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) Notwithstanding the omission of section 3A of the Central Excise Act by section 121 of the
Finance Act, 2001 and the expiration of the notifications referred to in sub-section (1), for the purposes
61 of 1985.
Amendment of
section 14A.
38 of 1949.
Amendment
of section
14AA.
38 of 1949.
Amendment
of section
23A.
52 of 1962.
Amendment
of section
35G.
Amendment
of section
35H.
Amendment
of section 37.
Amendment
of
notifications
issued under
section 37 of
Central
Excise Act
and validation
of certain
action taken.
14 of 2001.
5
10
15
20
25
30
35
40
45
50
55
33
 
of sub-section (1), the Central Government shall have and shall be deemed to have the power to make
rules and issue or amend notifications under section 3A read with section 37 of the Central Excise Act,
retrospectively at all material times.
(3) Any action taken or anything done or omitted to be done or purported to have been taken or
done or omitted to be done under the notifications referred to in sub-section (1) at any time during the
period commencing on or from the 1st day of August, 1997 and ending with the day, the Finance
(No. 2) Bill, 2009 receives the assent of the President, shall be deemed to be, and to have always
been, for all purposes, as validly and effectively taken or done or omitted to be done as if the amendments
made by sub-section (1) had been in force at all material times and accordingly, notwithstanding
anything contained in any judgment, decree or order of any court, tribunal or other authority,—
(a) any action taken or anything done or omitted to be done, during the said period in respect of
any goods under the said notifications, shall be deemed to be and shall be deemed always to have
been, as validly taken or done or omitted to be done as if the amendments made by sub-section (1)
had been in force at all material times;
(b) no suit or other proceedings shall be maintained or continued in any court, tribunal or other
authority for any action taken or anything done or omitted to be done, in respect of any goods under
the said notifications, and no enforcement shall be made by any court, of any decree or order
relating to such action taken or anything done or omitted to be done as if the amendments made by
sub-section (1) had been in force at all material times;
(c) recovery shall be made of such amounts of duty or interest or penalty or fine or other charges
which have not been collected or, as the case may be, which have been refunded, as if the
amendments made by sub-section (1) had been in force at all material times.
Explanation.— For the removal of doubts, it is hereby declared that no act or omission on the
part of any person shall be punishable as an offence which would not have been so punishable if
this section had not come into force.
Excise tariff
111. The First Schedule to the Central Excise Tariff Act, 1985 shall be amended in the manner as
specified in the Fifth Schedule.
CHAPTER V
Service tax
112. In the Finance Act, 1994,—
(A) in section 65, save as otherwise provided, with effect from such date as the Central Government
may, by notification in the Official Gazette, appoint,—
(1) in clause (19),—
(a) for the portion beginning with the words “but does not include” and ending with the
words and figures “Central Excise Act, 1944”, the words “but does not include any activity that
amounts to manufacture of excisable goods” shall be substituted;
(b) in the Explanation, after clause (a), the following clauses shall be inserted, namely:—
‘(b) “excisable goods” has the meaning assigned to it in clause (d) of section 2 of the
Central Excise Act, 1944;
(c) “manufacture” has the meaning assigned to it in clause (f) of section 2 of the Central
Excise Act, 1944;’;
(2) in clause (101), the words “or sub-broker, as the case may be,” shall be omitted.
(3) in clause (105),—
(a) for sub-clause (zzzp), the following sub-clause shall be substituted, namely:—
“(zzzp) to any person, by any other person, in relation to transport of goods by rail, in any
manner;”;
(b) in sub-clause (zzzze), in items (v) and (vi), for the word “acquiring”, the word “providing”
Amendment of
First Schedule
to Act 5 of
1986.
Amendment of
Act 32 of 1994.
1 of 1944.
1 of 1944.
1 of 1944.
5
10
15
20
25
30
35
40
45

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register