Explanatory Notes to the provisions of the Finance Act, 2017. CBDT has issued Circular No. 02/2018 dated 15th Februry, 2018 explaining the various amendments and provisions of the Act which generally applies for the Assessment Year 2018-19 (Financial Year 2017-18)
AMENDMENTS AT A GLANCE
Section/Schedule | Particulars / Paragraph number |
First Schedule | Rate Structure |
Chapter III | Income-Tax Act, 1961 |
2 |
Consolidation of plans within a scheme of mutual fund, ; Tax neutral conversion of preference shares to equity shares, ; Widening scope of Income from other sources, |
9 | Clarity relating to indirect transfer provisions |
9A | Modification in conditions of special taxation regime for off shore funds under section 9A, |
10 |
Correct reference to FEMA instead of FERA, ; Tax exemption to partial withdrawal from National Pension System (NPS), ; Exemption of income of Chief Minister’s Relief Fund or the Lieutenant Governor’s Relief Fund; Tax incentive for the development of capital of Andhra Pradesh, Exemption of long term capital gains tax under section 10(38) of the Income-tax Act, Exemption of income of Foreign Company from sale of leftover stock of crude oil from strategic reserves at the expiry of agreement or arrangement, Restriction on exemption in case of corpus donation by exempt entities to other exempt entities. |
10AA |
Rationalisation of provisions of Section 10AA |
11 |
Restriction on exemption in case of corpus donation by exempt entities to other exempt entities |
12A | Clarity of procedure in respect of change or modifications of object and filing of return of income in case of entities exempt under sections 11 and 12 |
12AA |
Clarity of procedure in respect of change or modifications of object and filing of return of income in case of entities exempt under sections 11 and 12 |
13A | Transparency in electoral funding |
23 |
No notional income for house property held as stock-in-trade, |
35AD |
Disallowance of depreciation under section 32 and capital expenditure under section 35AD on cash payment |
36 |
Increase in deduction limit in respect of provision for bad and doubtful debts |
40A | Measures to discourage cash transactions, Scope of section 92BA of the Income-tax Act relating to Specified Domestic Transactions, |
43 |
Disallowance of depreciation under section 32 and capital expenditure under section 35AD on cash payment |
43B | Extension of scope of section 43D to Co-operative Banks |
43D | Extension of scope of section 43D to Co-operative Banks |
44AA |
Increasing the threshold limit for maintenance of books of accounts in case of Individuals and Hindu undivided family |
44AB |
Exclusion of certain specified person from requirement of audit of accounts under section 44AB |
44AD |
Measures for promoting digital payments in case of small unorganized businesses |
45 | Special provisions for computation of capital gains in case of joint development agreement |
47 |
Tax neutral conversion of preference shares to equity shares, Extension of capital gain exemption to Rupee Denominated Bonds, |
48 |
Extension of capital gain exemption to Rupee Denominated Bonds, Shifting base year from 1981 to 2001 for computation of capital gains |
49 |
Consolidation of plans within a scheme of mutual fund, Tax incentive for the development of capital of Andhra Pradesh, Special provisions for computation of capital gains in case of joint development agreement, Tax neutral conversion of preference shares to equity shares, Cost of Acquisition of capital assets of entities in case of levy of tax on accreted income under section 115TD, Cost of acquisition in Tax neutral demerger of a foreign company, Widening scope of Income from other sources |
50CA |
Fair Market Value to be full value of consideration in certain cases |
54EC |
Expanding the scope of long term bonds under 54EC |
55 | Shifting base year from 1981 to 2001 for computation of capital gains |
56 | Widening scope of Income from other sources, |
58 | Disallowance for non-deduction of tax from payment to resident |
71 |
Restriction on set-off of loss from house property |
79 |
Carry forward and set off of loss in case of certain companies |
80CCD | Rationalisation of deduction under section 80CCD for self- employed individual |
80CCG | Rationalization of deduction under section 80CCG |
80G | Restricting cash donations |
80-IAC | Extending the period for claiming deduction by start-ups, |
80-IBA | Rationalisation of Provisions of Section 80-IBA to promote Affordable Housing |
87A | Rationalization of rebate allowable under Section 87A |
90 |
Clarification with regard to interpretation of ‘terms’ used in an agreement entered into under section 90 and 90A, |
92BA |
Scope of section 92BA of the Income-tax Act relating to Specified Domestic Transactions, |
92CE | Secondary adjustments in certain cases |
94B |
Limitation of Interest deduction in certain cases, |
115BBDA | Rationalization of taxation of income by way of dividend |
115BBG | Income from transfer of carbon credits |
115JAA |
Rationalisation of Provisions relating to tax credit for Minimum Alternate Tax and Alternate Minimum Tax |
115JB |
Rationalisation of provisions of section 115JB in line with Indian Accounting Standards (Ind-AS) |
115JD | Rationalisation of Provisions relating to tax credit for Minimum Alternate Tax and Alternate Minimum Tax |
119 |
Empowering Board to issue directions in respect of penalty for failure to deduct or collect tax at source |
132 |
Reason to believe to conduct a search, etc. not to be disclosed, Power of provisional attachment and to make reference to Valuation Officer to authorised officer |
132A |
Reason to believe to conduct a search, etc. not to be disclosed, |
133 |
Rationalisation of the provisions in respect of power to call for information |
133A | Extension of the power to survey |
133C | Legislative framework to enable centralised issuance of notice and processing of information under section 133C |
139 |
Mandatory furnishing of return by certain exempt entities, Rationalisation of time limits for completion of assessment, reassessment and re-computation and reducing the time for filing revised return, |
139AA | Quoting of Aadhaar number |
140A | Fee for delayed filing of return |
143 | Processing of return within the prescribed time and enable withholding of refund in certain cases, Fee for delayed filing of return |
153 |
Rationalisation of time limits for completion of assessment, reassessment and re-computation and reducing the time for filing revised return |
153A |
Rationalisation of the provisions in respect of time limits for completion of search assessment, Rationalisation of provisions of the Income Declaration Scheme, 2016 and consequential amendment to section 153A and 153C, |
153B |
Rationalisation of the provisions in respect of time limits for completion of search assessment, |
153C | Rationalisation of provisions of the Income Declaration Scheme, 2016 and consequential amendment to section 153A and 153C, |
155 |
Enabling claim of credit for foreign tax paid in cases of dispute,
|
194-IB |
Deduction of tax at source in the case of certain Individuals and Hindu undivided family |
194-IC | Special provisions for computation of capital gains in case of joint development agreement |
194J | Simplification of the provisions of tax deduction at source in case Fees for professional or technical services under section 194J, |
194LA |
Non-deduction of tax in case of exempt compensation under RFCTLAAR Act, 2013 |
194LC | Extension of eligible period of concessional tax rate on interest in case of External Commercial Borrowing and Extension of benefit to Rupee Denominated Bonds |
194LD | Extension of eligible period of concessional tax rate under section 194LD |
197A | Enabling of Filing of Form 15G/15H for commission payments specified under section 194D |
204 | Definition of ‘person responsible for paying’ in case of payments covered under sub-section (6) of section 195, |
206C | Exemption from tax collection at source under section 206C in case of certain specified goods, services and buyers, Restriction on cash transactions |
206CC | Strengthening of PAN quoting mechanism in the TCS regime, |
211 | Rationalisation of section 211 and section 234C relating to advance tax |
234C | Rationalisation of section 211 and section 234C relating to advance tax, |
234F | Fee for delayed filing of return |
241A | Processing of return within the prescribed time and enable withholding of refund in certain cases |
244A | Interest on refund due to deductor |
245A | Rationalisation of time limits for completion of assessment, reassessment and re-computation and reducing the time for filing revised return |
245N | Amendments to the structure of Authority for Advance Rulings |
245-O | Amendments to the structure of Authority for Advance Rulings |
245Q | Amendments to the structure of Authority for Advance Rulings |
253 | Amendment of Section 253 |
269ST | Restriction on cash transactions |
271DA | Restriction on cash transactions |
271F | Fee for delayed filing of return |
271J | Penalty on professionals for furnishing incorrect information in statutory report or certificate |
273B | Penalty on professionals for furnishing incorrect information in statutory report or certificate |
CHAPTER VI | Miscellaneous |
Part XIII | Amendment to the Finance Act, 2016 |
50 | Clarification regarding the applicability of section 112 |
197 |
Rationalisation of provisions of the Income Declaration Scheme, 2016 and consequential amendment to section 153A and 153C, |
Download CBDT Circular Explanatory Notes to the provisions of the Finance Act, 2017 Click Here >>
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