Income Tax Relief to home buyers from deeming fiction u/s 43CA and 56(2)(x). Difference limit between circle rate & purchase price increased to 20 per cent
Section 43CA of the Income Tax Act, 1961 (the Act) lays down special provision for full value of consideration for transfer of assets other than capital assets in certain cases
Under the provisions, where the sale consideration for the transfer of a property is less than the stamp duty value (circle rate valuation), the stamp duty value is deemed to be the amount of sale consideration for computing profits and gains from transfer of such asset. Similar provisions exists u/s 50C of the Act.
However it provides an exception that where the circle rate for the purpose of payment of stamp duty does not exceed 110 per cent of the stated consideration , the deeming provision shall not apply.
Income Tax Relief to home buyers from deeming fiction u/s 43CA and 56(2)(x)
Today, the Union Minister for Finance & Corporate Affairs Smt. Nirmala Sitharaman announced 12 key measures, as part of Government of India’s stimulus to the economy, under Aatma Nirbhar Bharat 3.0.
One of the announcement relates to providing Income Tax relief for Developers & middle class Home Buyers
As per the announcement, the difference between circle rate and agreement value in real estate income tax under Section 43CA of the Act has been increased from 10% to 20%. In other words, where the circle rate for the purpose of payment of stamp duty does not exceed 120 per cent of the stated consideration , the deeming provision shall not apply.
The relief is meant for primary sale of residential units up to ₹ 2 Crore (from date of announcement of this scheme, till June 30 2021). Consequential Relief up to 20% shall also be allowed to buyers of these units under section 56(2)(x) of the Act for the said period.
Key announcements under Aatma Nirbhar Bharat 3.0
(1) Aatma Nirbhar Bharat Rozgar Yojana
A new scheme to incentivize job creation during COVID-19 recovery has been launched. If EPFO-registered establishments take in new employees without EPFO registration or those who lost jobs earlier, the Yojana will benefit these employees.
Beneficiaries / New Employees under the scheme would be:
- any new employee joining employment in EPFO registered establishments on monthly wages less than Rs.15,000
- EPF members drawing monthly wage of less than Rs.15,000 who made exit from employment during COVID Pandemic from 01.03.2020 to 30.09.2020 and is employed on or after 01.10.2020.
Central Govt. will provide subsidy for two years in respect of new eligible employees engaged on or after 01.10.2020 at following scale:
- Establishments employing up to 1000 employees: Employee’s contributions (12% of Wages) & Employer’s contributions (12% of wages) totalling 24% of wages
- Establishments employing more than 1000 employees: Only Employee’s EPF contributions (12% of EPF wages)
The scheme will be effective from October 1, 2020 and operational till 30th June 2021. Certain other eligibility criteria would have to be met, and Central Government will provide subsidy for two years in respect of new eligible employees.
(2) Emergency Credit Line Guarantee Scheme
for MSMEs, businesses, MUDRA borrowers and individuals (loans for business purposes), has been extended till March 31, 2021.
A Credit guarantee support scheme ECLGS 2.0 is being launched for Healthcare sector and 26 stressed sectors with credit outstanding of above Rs. 50 crore and up to ₹ 500 Croreas on 29.2.2020stressed due to COVID-19, among other criteria. Entities will get additional credit up to 20% of outstanding credit with a tenor of five years, including 1 year moratorium on principal repayment. This scheme will be available till 31.3.2021.
(3) Production Linked Incentive worth ₹ 1.46 Lakh Crore to 10 champion sectors.
10 more Champion Sectors will be covered under the Production Linked Incentives Scheme to help boost competitiveness of domestic manufacturing. This will give a big boost to economy, investment, exports and job creation. A total amount of nearly 1.5 Lakh Crore has been earmarked across sectors, for next five years. The ten sectors are – Advance Cell Chemistry Battery, Electronic/Technology Products, Automobiles & Auto Components, Pharmaceuticals Drugs, Telecom & Networking Products, Textile Products, Food Products, High Efficiency Solar PV Modules, White Goods (ACs & LED), and Specialty Steel.
(4) ₹ 18,000 Crore Additional outlay of for PM Awaas Yojana – Urban
A sum of Rs 18000 cr is being provided for PMAY- Urban over and above Rs. 8000 Crore already allocated this year. This will help ground 12 Lakh houses and complete 18 Lakh houses, create additional 78 Lakh jobs and improve production and sale of steel and cement, resulting in multiplier effect on economy.
(5) Support for Construction & Infrastructure – Relaxation of Earnest Deposit Money & Performance Security on Government Tenders
To provide ease of doing business and relief to contractors whose money otherwise remains locked up, performance security on contracts has been reduced from 5-10% to 3%.It will also extend to ongoing contracts and Public Sector Enterprises. EMDfor tenders will be replaced by Bid Security Declaration. The relaxations in the General Financial Rules will be in force till December 31, 2021.
(6) Income Tax relief for Developers & Home Buyers
Differential between circle rate and agreement value in real estate income tax under Section 43 CA of IT Act has been increased from 10% to 20%. This is for primary sale of residential units up to ₹ 2 Crore (from date of announcement of this scheme, till June 30 2021).Consequential Relief up to 20% shall also be allowed to buyers of these units under section 56(2)(x) of IT Act for the said period.The Income Tax relief provides incentive to middle class to buy homes.
(7) Platform for Infra Debt Financing
Government will make ₹6,000 Crore equity investment in debt platform of National Investment and Infrastructure Fund (NIIF), which will help NIIF provide a debt of ₹ 1.1 Lakh Crore for infrastructure projects by 2025.
(8) Support for Agriculture: ₹65,000 Crore for subsidized fertilizers
As fertilizer consumption is going up significantly, ₹65,000 Crore is being provided to ensure increased supply of fertilizers to farmers to enable timely availability of fertilisers in the upcoming crop season.
(9) Boost for Rural Employment:
Additional outlay of ₹10,000 Crore is being provided for PM Garib Kalyan Rozgar Yojana to provide rural employment. This will help accelerate rural economy.
(10) Boost for Project Exports
₹3,000 Crore boost is being providedto EXIM Bank for promoting project exports under Indian Development and Economic Assistance Scheme (IDEAS Scheme). This will help EXIM Bank facilitate Lines of Credit development assistance activities and promote exports from India.
11) Capital and Industrial Stimulus
₹10,200 Crore additional budget stimulus is being provided for capital and industrial expenditure on domestic defence equipment, industrial infrastructure and green energy.
(12) R&D grant for COVID Vaccine
₹900 Crore is being provided to Department of Biotechnology for Research and Development of Indian COVID Vaccine.
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