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8/8/2019 Analysing the Union Budget 2010 Direct Tax Final
●● Global economy shows signs of turnaround (fromGlobal economy shows signs of turnaround (from --0.8 percent to 3.90.8 percent to 3.9percent)percent)
●● Key Indicators: Baltic Dry Index, Oil pricesKey Indicators: Baltic Dry Index, Oil prices●● Will this last? Are there surprises in store?Will this last? Are there surprises in store?
●● Emerging economies lead the way (from 2.1 percent to 6 percent)Emerging economies lead the way (from 2.1 percent to 6 percent)●● Major concerns: capital inflows, inflation, foreign exchange manMajor concerns: capital inflows, inflation, foreign exchange man agementagement
●● Developed economies expected to grow (fromDeveloped economies expected to grow (from --3.2 percent to 2.13.2 percent to 2.1percent)percent)
●● Major concerns: unemployment, financial systemsMajor concerns: unemployment, financial systems
●●
GG--20 Leaders pledge commitment to tackle crisis through country20 Leaders pledge commitment to tackle crisis through country --specific stimulus packagesspecific stimulus packages
India shows resilience, grows at 7.2 percent
8/8/2019 Analysing the Union Budget 2010 Direct Tax Final
●● Structural changes in the Indian economyStructural changes in the Indian economy●● High gross domestic savings (32.5 percent)High gross domestic savings (32.5 percent)
●● High gross domestic capital formation (percentHigh gross domestic capital formation (percent
●● Arrival of the Indian MNCArrival of the Indian MNC
●● Signs of growth revivalSigns of growth revival
●● Second half witnessed a revival in Power, Telecom and Civil AviaSecond half witnessed a revival in Power, Telecom and Civil Avia tiontion●● Index of Industrial Production revives (7.7 percent)Index of Industrial Production revives (7.7 percent)
Source: Economic Survey, BSE
8/8/2019 Analysing the Union Budget 2010 Direct Tax Final
●● Rise in business confidence indexRise in business confidence index●● Pick up in corporate earnings and profitsPick up in corporate earnings and profits
●● Capital MarketsCapital Markets – – FebruaryFebruary ’’10 P/E at 19.93 percent10 P/E at 19.93 percent
●● Forex reserves rise by USD 31.5 bnForex reserves rise by USD 31.5 bn●● Foreign Direct Investment levels reach USD 27 bn (DecForeign Direct Investment levels reach USD 27 bn (Dec ’’09)09)
●● Net FII positions stood at USD 191 bnNet FII positions stood at USD 191 bn
Attempt to don mantle of the fastest growing economy within next 4 years.Inflation and fiscal deficit remain key challenges
8/8/2019 Analysing the Union Budget 2010 Direct Tax Final
●● Simplification andSimplification and liberalisatonliberalisaton of foreign investment regimeof foreign investment regime
●● Relaxation of bank licensing policy for private players, NBFCsRelaxation of bank licensing policy for private players, NBFCs
●● Continued focus on infrastructural developmentContinued focus on infrastructural development●● Impetus to power Sector Impetus to power Sector – – competitive bidding for coalcompetitive bidding for coal
●● Focus onFocus on renewablesrenewables
●● Thrust on clean energyThrust on clean energy
●● Increased Allocations for infrastructure development, road & raiIncreased Allocations for infrastructure development, road & rai lwayslways
●● Introduction of new company lawIntroduction of new company law
●● Interest subvention for exports, housing financeInterest subvention for exports, housing finance
●● Recognizes the role of SEZsRecognizes the role of SEZs
8/8/2019 Analysing the Union Budget 2010 Direct Tax Final
●● Nutrient based subsidy policy for fertiliser sectorNutrient based subsidy policy for fertiliser sector
●● Strengthening transparency and public accountabilityStrengthening transparency and public accountability●● Financial sector legislative reforms commissionsFinancial sector legislative reforms commissions
●● Unique Identification number allocationsUnique Identification number allocations
●● Setup of technical advisory group for effective tax administratiSetup of technical advisory group for effective tax administrati onon
●●
Independent evaluation office to evaluate impact of flagship proIndependent evaluation office to evaluate impact of flagship pro grammesgrammes
8/8/2019 Analysing the Union Budget 2010 Direct Tax Final
●● Surcharge reduced from 10 percent to 7.5 percent for domesticSurcharge reduced from 10 percent to 7.5 percent for domesticcompaniescompanies
●● Increase in weighted average deduction for R&D expenditureIncrease in weighted average deduction for R&D expenditure●● InIn--house R&D facility (200 percent)house R&D facility (200 percent)
●● Approved Research Associations, Universities, Colleges (175 percApproved Research Associations, Universities, Colleges (175 perc ent)ent)
●● Specified persons for Approved programmes (175 percent)Specified persons for Approved programmes (175 percent)
●● InvestmentInvestment --linked tax incentive for new 2 star or above hotelslinked tax incentive for new 2 star or above hotels
8/8/2019 Analysing the Union Budget 2010 Direct Tax Final
●● MAT Rate enhanced from 15 percent to 18 percentMAT Rate enhanced from 15 percent to 18 percent
●●
Transfer of shares of a company at nil or below fair value taxabTransfer of shares of a company at nil or below fair value taxab le inle inthe hands of the recipientthe hands of the recipient●● Tax neutral merger, demerger and other business reorganizationsTax neutral merger, demerger and other business reorganizations excludedexcluded
●● Effective from June 1, 2010Effective from June 1, 2010
●● Double taxation on transfer of immovable property for inadequateDouble taxation on transfer of immovable property for inadequateconsideration rationalisedconsideration rationalised
●● ‘‘Source RuleSource Rule ’’ for taxation of nonfor taxation of non --residents reiterated retrospectivelyresidents reiterated retrospectively
8/8/2019 Analysing the Union Budget 2010 Direct Tax Final
●● Technical Services rendered by nonTechnical Services rendered by non --residents in relation to mineralresidents in relation to mineraloil exploration sector would not be covered underoil exploration sector would not be covered under ‘‘presumptivepresumptivescheme of taxationscheme of taxation ’’
●● Higher tax exposure if services are effectively connected with aHigher tax exposure if services are effectively connected with a permanentpermanentestablishment in Indiaestablishment in India
8/8/2019 Analysing the Union Budget 2010 Direct Tax Final
●● Conversion of Company into LLPConversion of Company into LLP – – Tax Neutral subject toTax Neutral subject toconditions:conditions:
●● CompanyCompany ’’ Total sales /Turnover / Gross receipts in any of the 3 precedinTotal sales /Turnover / Gross receipts in any of the 3 precedin ggprevious years not to exceed INR 60 lacsprevious years not to exceed INR 60 lacs
●● Applicable to private or unlisted public companiesApplicable to private or unlisted public companies – – as per LLP Act, 2008as per LLP Act, 2008
●● Conversion as per provisions of section 56 or 57 of the LLP Act,Conversion as per provisions of section 56 or 57 of the LLP Act, 20082008●● 3 year lock3 year lock --in period for distribution of companyin period for distribution of company ’’s accumulated profits directlys accumulated profits directly
or indirectly to the partnersor indirectly to the partners
●● Unabsorbed business loss and depreciation allowed to carried for Unabsorbed business loss and depreciation allowed to carried for wardward
●● MAT credit not allowedMAT credit not allowed
8/8/2019 Analysing the Union Budget 2010 Direct Tax Final
●● Taxation in appreciation in the value of investments for non lifTaxation in appreciation in the value of investments for non lif ee
insurances companies aligned with IRDA regulationsinsurances companies aligned with IRDA regulations
●● Disallowance of ExpenditureDisallowance of Expenditure – – Marginal liberalisation of time limitMarginal liberalisation of time limit●● Expenditure not disallowed if tax deducted and deposited prior tExpenditure not disallowed if tax deducted and deposited prior t o filing returno filing return
of incomeof income
●● Marginal increase in TDS threshold limitsMarginal increase in TDS threshold limits
●● Interest on failure to deduct / deposit taxInterest on failure to deduct / deposit tax●● Failure to deduct remains at 12 percent p.a. till date of deductFailure to deduct remains at 12 percent p.a. till date of deduct ionion
●● Failure to deposit hiked to 18 percent p.a. till date of depositFailure to deposit hiked to 18 percent p.a. till date of deposit
8/8/2019 Analysing the Union Budget 2010 Direct Tax Final
●● Is a hallmark of stability and continuity from a stable governmeIs a hallmark of stability and continuity from a stable governme ntnt●● Reinforces the structural strength and resilience in the IndianReinforces the structural strength and resilience in the Indian
economyeconomy – – Decades and decades of growth?Decades and decades of growth?●● Stimulates inclusive growth through increased outlays and forwarStimulates inclusive growth through increased outlays and forwar dd
looking reformslooking reforms
●●
Addresses fiscal consolidation through a combination of measuresAddresses fiscal consolidation through a combination of measures●● However, one needs to closely monitor:However, one needs to closely monitor:
●● InflationInflation●● Implementation of GST and DTCImplementation of GST and DTC●● Global eventsGlobal events
All in all, though not euphoric, a confident attempt
8/8/2019 Analysing the Union Budget 2010 Direct Tax Final
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