Wednesday, 1 February 2023

India Budget 2023 first cut


Personal Tax

Ø  No change in tax rate under the old regime.

Ø  Receipts from Life insurance are taxable if the gross annual premium payment exceeds Rs. 5 Lakhs. The net amount is taxable under the head Income from other sources for new policies taken after March 23.

Ø  Limit of Leave encashment of Rs. 3 Lakhs increase to Rs. 25 Lakhs. (to  be verified not available in the Memorandum but was there in the budget speech)

New vs old tax regime.

Ø  No tax payable under the new tax regime for income below Rs. 7 Lakhs

Ø  The new tax slab under the new tax regime is given below. (Section 115BAC).

·         Nil-3 Lakhs                 NIL

·         3-6 Lakhs                    5%

·         6-9 Lakhs                    10%

·         9-12 Lakhs                  15%

·         12-15 Lakhs                20%

·         Above 15 Lakhs          30%

 

Ø   A standard deduction of Rs. 50,000/- is allowed under the new tax regime for salaries less than Rs. 15 Lakhs

Ø  The new regime has become the default option now and there will be the option to select the old tax regime.

Ø  A new exemption u/s 80CCH was introduced which is the contribution made to the Agniveer corpus fund and deduction of same allowed under the new tax regime.

Ø  The surcharge of 37% was replaced by 25% only when opting for the new tax regime.

 

Corporate Tax

Ø  Vendor payment to MSME is covered under section 43B. it means deduction only when payment is made to the MSME vendor.    

 

Capital Gain.

Ø  There is a limit of Rs. 10 Cr now on claiming exemption u/s 54 & 54F.

Ø  Net income from Market linked debenture taxable as short-term capital gain only under new section 50AA.

Ø  The conversion of Physical gold into electronic gold is not considered a Transfer.

Ø  The cost of improvement excludes interest paid on the property for which deduction is claimed under the head House property.

Ø  The cost of self-generated intangibles is NIL.

TDS

Ø  There is no threshold on TDS for online gaming w.e.f 01.07.23.

Ø  TDS on debentures introduced w.e.f 01.04.23.  

Ø  TCS on foreign remittance provided in below table. 

Nature of remittance

Old rate

New rate

01.07.23

Education

0.5%

0.5%

Tour

5%

20%

Another case

5%

20%

 

Ø  TDS u/s 194-IC which is TDS on capital gain from JDA of land should be on the stamp value of the property.

Ø  TDS u/s 192A relates to TDS on payment of PF which is 10% and for non-pan case it is 30%.  Now 30% replaced by 20% for the non pan case.

Assessment

Ø  JCIT now can conclude the first level of appeal pending at CIT-A.

Ø  The time limit to furnish documents for transfer pricing assessment was reduced from 30 days to 10 days.

Ø  The timeline to complete the assessment before December has now again been extended to March.

Ø  Sunset clause of section 276A till March 23 which relates to prosecution.

Others

Ø  Presumptive taxation limit increased for business from Rs. 2 Cr to 3 Cr and for professional service from Rs. 50 Lakhs to Rs. 75 Lakhs only when they are getting 95% of payment via digital mode.

Ø    Winning online games is taxable @ 30% under the new section 115BBJ.

Ø  The condition of a feasibility study conducted by a concern approved by the board has been removed for section 35D which relates to the claim of deduction on amortization of preliminary expenses.

Ø  No more exemption to news agencies under section 10(22B).

Ø  Repayment of debt received from the business trust is taxable under the head Income from other sources.

Ø  A penalty of Rs. 5000/- for providing inaccurate particulars in the annual information return u/s 285BA.

Ø  Non-files u/s 206AB now do not include the persons not required to file an Income tax return.

Ø  No 10AA deduction in case the return is not filed within the time limit of 139(1).

Ø  The time limit to file Form 10 for charitable institutions has been postponed to July 31 from September 30.

 

Co-operative Society.

Ø  Tax rate of 22% u/s 115BAD & 15% u/s 115BAE introduced to match with 115BAA & 115BAB. 

 

Start-Ups

Ø  The benefit of exemption u/s 80-IAC extended from March 23 to March 24.

Ø  In case of a change of shareholding, the loss can be carried forward to 10 years in place of the earlier 7 years. 

 

GST

Ø  Composition dealers can now supply goods inter-state and through e-commerce operators also.

 

Ø  ITC to be reversed pertaining to the supply of warehoused goods before clearance for home consumption. 

 

Ø  ITC blocked on CSR done by the company.

 

Ø  Section 23 has been given overriding effect on section 24 retrospectively.

This means that persons making only exempt supplies and agriculturists now not liable to take registration even though required under section 24.

 

Ø  GSTR-1, 3B, 8, 9, cannot be filed after 3 years from the due date. (Exceptions to be notified)

 

Ø  90% of refund to be granted considering provisionally accepted ITC also. (Earlier it was not allowed)      

 

 

 

 

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