Budget to be presented on 16th March    FM issues Advisory to CESTAT to ensure that orders are issued by Benches on conclusion of arguments and in complicated matters orders should be issued within 30 days    Madras High Court stays levy of service tax on lawyers    economic growth slows to 6.9 per cent   Sunil Kumar appointed as Chief Secretary of Chattisgarh    Amarchand Mangaldas to open offices in Chennai Ahmedabad & Pune    US closes its embassy in Syria    Sudha Sharma appointed as Member of CBDT    Rupee hits a high of 48.73 against Dollar   Laxman Das is Officiating Chairman of CBDT    Tariff Value for import of gold is 556 & for silver 1067 & for Brass Scrap 4078 & for poppy seeds 2205-Customs Non-Tariff Notification No. 10   Fused Silica is classifiable under Tariff Item 32074000-Customs Circular No.3    Additional Commisssioner of Income Tax HA Siddiqui sentenced to 4 years imprisonment for accepting bribe of Rs 1 Lakh by CBI Court in Delhi    HC upholds levy of service tax on booking of flats-The explanation which was inserted by the Finance Act of   2010 clearly brings within the fold of taxable service a construction  service provided by the builder to a buyer where there is an intended sale  between the parties whether before, during or after construction    Authority for Advance Ruling rules super concentrates shall be classified as products of the chemical industry under heading 3824 90 90 of Customs Tariff      Anti dumping duty imposed on import of Morpholine from China European Union & USA     Anti dumping duty imposed on import of  Geogrid/Geostrips/ Geostraps made of polyester or Glass fiber in all its forms from      Refund of Anti­-Dumping Duty (Paid in Excess of Actual Margin of Dumping) Rules, 2012 notified-Customs Non-Tariff Notification No.5     Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Amendment Rules, 2012-Customs Non-Tariff Notification No.6     Safeguard duty at the rate of 10% ad  valorem notified on import of Phthalic anhydride, falling under tariff item 2917 35 00-Customs SG Notification No.1     Customs duty on import of Gold, Silver, Cut & Polished Diamonds hiked    Customs duty to be charged at the rate of 2 per cent of Tariff Value on gold and 6 per cent of Tariff Value on silver     Tariff Value for import of gold & silver notified-Customs Non-Tariff Notification No.3     Anti-dumping duty on imports ofSilk fabrics 20-100 gms per metre, falling under heading 5007  originating in, or exported from, China-CustomsTariff Notification No. 2     Anti-dumping duty imposed on imports of Nylon Filament Yarn, falling under Chapter 54 ,originating in, or exported from,  China, Chinese Taipei, Malaysia, Thailand and Korea RP-Customs TariffNotification No.3   Anti-dumping duty imposed on import of Phosphoric Acid of allgrades and all concentrations (excluding Agriculture/Fertilizer Grade) ,falling under tariff item 28092010, originating in, or exported from, Israel and Taiwan-Customs Tariff Notification No.4    Anti-dumping duty on imports of Cellophane Transparent Film , falling under Chapter 39 , originating in, or exported from, China-Customs TariffNotification No.5    Anti-dumping duty onimports of Saccharin, falling under Chapters 29, 30, 33 and 38 ,originating in, or exported from, China-Customs Tariff Notification No.7    Special Bench of ITAT rules the appellant is not entitled to set off carry forward business loss against the long term capital gain arising on sale of land used for the purpose business    ITAT rules Long Term and Short Term gains / losses on sale of equity shares under Portfolio Management Scheme is business income  and not Capital Gains   HC rules the opinion of the AO may have been legally erroneous but this cannot be a ground for initiation of re-assessment proceedings      Anti-dumping duty on ‘Caustic Soda’,  originating in, or exported from, Saudi Arabia, Iran, Japan, USA & France-Customs Tariff Notification No.1    Cost Accountants can issue Certificates for the purpose of refund of 4% CVD-Customs Circular No.1     Customs duty on import from ASEAN nations lowered- Customs Tariff Notification No.127     deeper tariff cut on import from Malaysia notified- Customs Tariff Notification No.128   deeper tariff cuts on import from Korea notified- Customs Tariff Notification No.123  deeper tariff cuts on import from Srilanka & Pakistan under SAFTA notified- Customs Tariff Notification No.125      Schedule of Rates for Service Tax Refund to Exporters notified in supersession of Notification No.17/2009-Service Tax Notification No. 52      Customs duty on import of several products from specified countries lowered-Customs Tariff Notification No.113      Anti-dumping duty on ‘Sodium Hydrosulphite (SHS)’, falling under headings 2831 and 2832 , originating in, or exported from, China PR- Customs Tariff Notification No.111     CBEC specifies documents required for Registration of ServiceTax     Customs duty on import of 532 Products from Singapore lowered-many products exempted from duty-Customs Tariff Notification No. 106     Government allows Rebate of excise duty on export of goods to Nepal under ARE-1 Procedure w.e.f. 1st March 2012-Central Excise Non-Tariff Notification No.24

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Finance Minister's reply to the debate on Finance (No.2) Bill,2009 in lok Sabha

Madam Speaker, at the outset, I would like to thank all the honourable Members who have participated in the discussion on the Finance (No.2) Bill, 2009. I would also like to thank all other stakeholders who have participated in the debate outside the House. I have immensely benefited from the valuable suggestions made both inside and outside the House,

I have studied and analysed the various suggestions made. I intend to remain focussed on our immediate priority of providing stimulus to generate economic activity in the present environment of economic slowdown. Accordingly, I propose to make certain changes to the Finance (No. 2) Bill, 2009 to achieve this objective.

Addition of new services to the list of taxable services or alterations in the scope of existing taxable services made through Finance Acts come into force from a notified date after the enactment of the Finance Bills, Trade and industry has requested that sufficient time be provided between notifying such changes and making them effective, thereby enabling adjustments in business accounting systems and software. I find merit in this suggestion. Accordingly, I have directed the Central Board of Excise and Customs to make the notifications prescribing levy of service tax on new services and alterations in the scope of existing services announced in the current Budget effective from the 1st day of September 2009.

Roads serve as a lifeline of the country. Therefore, the Government has accorded the highest priority in developing and maintaining roads across the country. This is adequately reflected in our expenditure allocation. On the tax front, construction or laying of new roads is excluded from service tax. However, repairs and maintenance of roads are chargeable to service tax. Several requests have been received to exempt repairs and maintenance of roads from service tax, Therefore, I propose to remove this anomaly by also exempting repairs and maintenance of roads from service tax with immediate effect.

Clause 32 of the Bill proposes to amend the provisions of section 80E of the Income Tax Act so as to allow deduction in respect of interest paid on education loans for pursuing higher education in any field including vocational education. This deduction is available to an individual if the education loan is for self study or for studies by spouse or children of the individual. Representations have been received that the scope of the benefit should be expanded so as to also allow other persons responsible for the student to avail of the deduction. I, therefore, propose to amend clause 32 of the Bill so as to provide that the deduction will also be available to the legal guardian of the student.

Section 80-IA (4}(iii) of the Income Tax Act provides for tax holiday in respect of profits derived by an undertaking from development, operation or maintenance of an industrial park if the development is completed on or before 31SJ March, 2009. Representations have been received seeking extension of this scheme. With a view to providing stimulus to infrastructure sector to generate incomes in the wake of economic slowdown, I propose to extend the sunset clause for the Industrial Park Scheme by a further period of two years that is, up to 31st March, 2011.

Clause 37 of the Bill seeks to amend the provisions of sub­section (9) of section 80-IB of the income Tax Act to provide tax holiday to an undertaking engaged in commercial production of natural gas in blocks licensed under the NELP-VMI Round. Representations have been received that this benefit should also be extended for commercial production of natural gas in blocks licensed under the IV Round of bidding for exploration of coal bed methane. Accordingly, I propose to carry out necessary amendments to sub-section (9) of section 80-1B of the Income Tax Act. This benefit will be available prospectively from assessment year 2010-11 and subsequent assessment years.

Housing, particularly lower and middle income housing, deserves to be supported. In order to stimulate this segment of house owners, I propose to provide support to borrowers by way of interest subvention of 1% on all housing loans up to Rs. 10 lakhs to individuals, provided the cost of the house does not exceed Rs.20 lakhs. The interest subsidy will be routed through the scheduled commercial banks and the housing finance companies registered with the National Housing Bank, This interest subsidy will be available for a period of one year, I propose to provide Rupees one thousand crores towards this end.

I also propose to provide further stimulus to the housing sector by providing some tax relief. Accordingly, I propose to amend section 80 IB{10) of the Income Tax Act so as to allow the tax holiday in respect of profits derived from projects approved between the 1st April 2007 to 31st March, 2008 if such projects are completed on or before 31st March, 2012.

I expect the developers to pass on the benefit of the tax holiday to the home buyers by appropriately reducing their prices- I am sure that both the expenditure and tax foregone initiatives would provide relief to a large segment of prospective home owners and help revive the real estate sector.

Sub-section (11 A) of section 80-IB of the income Tax Act provides for tax holiday in respect of profits derived from the business of processing, preservation and packaging of fruits and vegetables. Representations have been received requesting that this tax holiday be extended to all food processing units, particularly, those based on perishable items like milk, poultry and meat etc. With a view to preserving perishable food items like milk poultry and meat, I propose to amend sub-section (11A) of section 8CMB to also provide tax holiday in respect of the business of processing, preserving and packaging of meat and meat products and poultry, marine and dairy products.

Under the existing provisions of section 80-U of the Income Tax Act, an assesses, being a person with disability or with severe disability, is eligible for deduction of Rs.50,000 or Rs.75,000 respectively. These limits were fixed in the financial year 2003-04. Keeping in view the sharp increase in the threshold limit and the inflation since 2003-04, I propose to amend section 80-U of the Income Tax Act so as to increase the deduction from the existing level of Rs.75,000 to Rs.1 lakh in the case of a person with severe disability.

I also propose to move certain amendments which are consequential or editorial in nature.

I have already stated in my Budget speech that the Government will release the Direct Taxes Code within 45 days (i.e. by the 20th August, 2009) for discussion. Many of the suggestions made in this House, especially regarding simplification, will find reflection in the preparation of the Code, Therefore, at this stage, I do not intend to burden this House with too many changes through the Finance (No.2) Bill, 2009.

I urge upon the honourable Members to wholeheartedly support the Finance (No.2) Bill, 2009 and the changes proposed thereto.

 

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