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Budget
Important
changes brought in by the Budget 2011.
Income Tax
All the provisions given below are applicable for Financial
Year 2011-12 (Assessment Year 2012-13) unless otherwise
mentioned.
| 1. |
Category
& Deductions
|
| |
| Category |
Financial
Year 2010-11 |
Financial
Year 2011-12 |
| Male
Individual |
Exemption
Limit =
Rs. 1,60,000 /-
|
Exemption
Limit =
Rs. 1,80,000 /-
|
| Female
Individual |
Exemption
Limit =
Rs. 1,90,000 /-
|
Exemption
Limit =
Rs. 1,90,000 /-
|
| Male
Individuals Above 60 Years |
Exemption
Limit =
Rs. 1,60,000 /-
|
Exemption
Limit =
Rs. 2,50,000 /-
|
| Female
Individuals Above 60 Years |
Exemption
Limit =
Rs. 1,90,000 /-
|
Exemption
Limit =
Rs. 2,50,000 /-
|
| Individuals
Above 65 Years |
Exemption
Limit =
Rs. 2,40,000 /-
|
Exemption
Limit =
Rs. 2,50,000 /-
|
| Individuals
Above 80 Years |
Exemption
Limit =
Rs. 2,40,000 /-
|
Exemption
Limit =
Rs. 5,00,000 /-
|
|
2. |
Exemption to a Class of Persons from Filing I.T.
Returns: The Central Govt. may exempt, by notification,
any class of persons as may be specified. This amendment
will take effect from Assessment Year 2012-13. As
announced by the FM, the taxpayers whose only source
of income is salary may not be required to file
returns, but if there is income or loss from house,
if there is income from other sources, if their
are capital gains and if there are deductions not
reflected in Form 16, a return will have to be filed.
|
| 3. |
Income Tax Slabs remain same for all categories.
Surcharge for Companies having total income of more
that Rs. 1 crore is reduced from 7.5 % to 5%.
|
| 4. |
Minimum
Alternate Tax for companies having less that 18.5
% tax on profit will be 18.5% of Adjusted Net Profit.
|
| 5. |
Minimum
Alternate Tax for Limited Liability Partnerships
introduced and is same as for domestic companies.
|
| 6. |
Definition
of ‘Charitable Purpose’ changed. ‘The
advancement of general or public utility’
is NOT a charitable purpose if the receipts from
commercial activities are more than Rs. 25,00,000
/-. Earlier this limit was Rs. 10,00,000 /-.
|
| 7. |
Interest
received by a non-resident from notified infrastructure
debt fund will be taxable @ 5% of gross receipts.
|
| 8. |
Deduction
under Section 35 (2AA) for donation to notified
scientific research activity increased from 175%
to 200%.
|
| 9. |
Presently
both employer’s and employees share to New
Pension Scheme under section 80CCD is eligible for
deduction to employee under section 80CCD. Employer
did not get any deduction. Now, employer will get
deduction from his business income under section
36, and employee will get deduction only for employee
share. The New Pension Scheme is announced vide
Notification No. F.N. 5/7/2003-ECB & PR, dated
22-12- 2003.
|
| 10. |
Tax
rate on foreign dividend received from subsidiaries
of India companies is reduced from 30% to 15 %.
|
| 11. |
Levy
of additional income tax of 30% on income distributed
by debt funds to persons other than individuals
or HUF. Now the additional income tax payable
by the mutual fund will be as under:
| Recipient |
Type
of Fund |
Rate
up to 31.5.2011 |
Rate
after 1.6.2011 |
| Individual
or HUF |
Money
Market Fund, Liquid Fund |
25
% |
25
% |
| Other
than Individual or HUF |
Money
Market Fund, Liquid Fund |
25
% |
30
% |
| Individual
or HUF |
Debt
Fund Other than Money Market Fund or Liquid
Fund |
12.5% |
12.5% |
| Other
than Individual or HUF |
Debt
Fund Other than Money Market Fund or Liquid
Fund |
20% |
30% |
|
12. |
Exemption to a Class of Persons from Filing I.T.
Returns: The Central Govt. may exempt, by notification
in the official gazette, any class of persons as
may be specified. This amendment will take effect
from 1.6.2011.
|
| 13. |
Earlier
it was decided that every income tax authority will
give a unique computer generated Document Identification
Number for each notice or order or letter or any
correspondence. This provision is deleted with effect
from 1st April, 2011.
|
| 14. |
For
obtaining recognition of a Provident Fund Scheme,
the approval of Employees Provident Fund Organisation
Commissioner and also of Commissioner of Income
Tax was required. In order to give more time to
employers to get the approval of EPFO Commissioner,
the date is extended to 31st March, 2012.
|
Service
Tax
The provisions will come into effect on a specific notification
after passing of budget unless specified otherwise.
| 1. |
Service
Tax Rate remains @ 10%. General Central Excise Rate
is also 10%.
|
2. |
Services Brought under the Net:
-
Services provided air-conditioned restaurants
having license to serve alcoholic beverages
in relation to serving food / beverages.
-
Short Term Accommodation provided for less than
three months by any hotel, inn, guesthouse,
club or campsite or any other similar establishment.
|
| 3. |
Scope of Services Changed.
- ‘Life
Insurance Service’ to include ‘all’
services provided by an insurer. Also, composition
scheme rate increased from 1% to 1.5%.
- ‘Club
or Association Service’ expanded to include
service provided to non-members also.
- ‘Authorised
Service Station Services’ expanded to
service provided ‘by any person’
and ‘for all vehicles except goods carriers
and auto rickshaws. Also ‘decoration to
vehicle services’ included.
- ‘Business
Support Service’ to include services provided
by way of operational or administrative assistance
in any manner.
- ‘Legal
Consultancy Service’ to include service
by business entity to an individual, representative
services by any person to a business entity
and arbitration services.
- ‘Commercial
Training or Coaching Centre’ services
to include all unrecognized courses also.
- ‘Health
Services’ to include all services including
diagnostic services in a centrally or partially
air-conditioned hospital of 25 bed or more,
all diagnostic services by clinical establishment
with aid of laboratory and by any doctor –
whether employee or not – from a clinical
establishment.
|
| 4. |
Exemptions Granted
-
Provided by an organizer in connection with
business exhibition held outside India. To come
into effect from 1.3.2011.
-
Abatement of 25% from taxable goods through
costal and inland shipping.
-
Works Contract in relation to ‘Jawaharala
Nehru National Urban Renewal Mission’
and ‘Rajeev Awaas Yojna’
- ‘Rashtriya
Swasthya Bima Yojna’ To come into effect
from 1.3.2011.
-
Value of air freight included in assessable
value for Customs Duty. To come into effect
from 1.4.2011.
-
Services related to transportation of goods
outside India. To come into effect from 1.4.2011.
-
Modified Scheme is introduced for refund of
Service Tax in SEZ. To come into effect from
1.3.2011.
|
| 5. |
Withdrawal
of Exemptions.
Service
Tax on Air Travel. To come into effect from 1.4.2011
| Travel |
Class |
Earlier
Rates |
New
rates |
| Domestic
Travel |
Economy
Class |
Rs.100/- |
Rs.150/- |
| Domestic
Travel |
Other
Than Economy Class |
|
10
% |
| International
Travel |
Economy
Class |
Rs.500/- |
Rs.750/- |
|
6. |
Amendment to Act, Rules or Notification:
-
Limit of Adjustment of Excess tax paid earlier
is raised to Rs. 2,00,000 /- from Rs. 1,00,000
/-
-
If any amount of service tax is self assessed
and not paid, there is no requirement to send
notice and follow the due procedure under Section
73 but the same can be recovered from any other
dues payable to the assessee or through bank
attachment without any enquiry under Section
87.
-
With effect from 1.3.2011, credit of tax on
input services will be restricted to 40% of
tax paid in case of works contract in ‘Erection,
Commissioning & Installation’, ‘Commercial
or Industrial Construction’ and ‘Construction
of Complex’ services.
-
Section 73 (1A) and provisions to Section 73(2)
have been omitted, thereby benefit of reduction
of penalty on payment of part of tax will not
be available to tax evaders.
-
New Subsection 4A is added to Section 73. As
per this subsection, penalty of 1% per month
of default (subject to maximum of 25%) will
be levied for service tax accepted by the assesses
who have evaded the tax.
-
Penalty for delayed payment reduced from 2%
to 1% per month or Rs. 100 /- per day of default
whichever is higher.
-
Maximum penalty is reduced to 50% from 100%.
-
Maximum penalty from contravension of rules
is increased to Rs. 10,000 /- from Rs. 5,000
/-.
-
Penalty under section 78 for suppressing value
of taxable service will be mandatory and is
100% of evaded tax. But penalty is reduced to
up to 25% if tax dues and interest is paid within
one month (90 days in case of assessees having
turnover up to Rs. 60,00,000 /-) of determination.
-
Interest rate for tax collected in excess and
for delayed payment is rduced by 3% for assessees
having turnover up to Rs. 60,00,000 /-.
-
Maximim penalty for delay in filing returns
increased to Rs. 20,000 /- from Rs. 2,000 /-.
However, for first 15 days, the penalty will
be Rs. 500 /-, for next 15 days will be Rs.
1,000 /- and Rs. 100 /- per day beyond that.
-
Power to waive penalty is amended. Penalties
under section 76 (for failure to pay tax) and
under section 77 (for contravension of rules
where no penalty is provided) are being retained.
Penalty under section 78 (for suppressing value
of taxable service) can be waived only if transaction
os captured in specified. records.
-
Power to issue search warrant is given to joint
commissioner.
-
New Section 88 introduced to create first charge
on property for recovery of Service Tax.
-
Reintroduction of Provisions relating to prosecution
under section 89 for:
-
Provision of service without invoice.
-
Utilize CENVAT Credit without receipt of
inputs / input service.
-
Submitting false information.
-
Non-payment of collected amount of Service
Tax for a period of more than six months.
|
| 7. |
Point
of Taxation Rules have been framed and will be effective
from 1.4.2011.
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