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Complire Consultare
Union Budget 2015
Highlights
PRIVATE & CONFIDENTIAL
This Newsletter provides information of general nature and is not
meant to be a substitute for professional advice in any manner.
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Introduction
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Union Budget 2015-16 is the first full year Budget announced by the new Government amidst
high expectations of big-bang reforms
Government's commitment to restore investor confidence and improve India's global ranking on
ease of doing business was acknowledged through announcements on reduction in compliance
burden, combat the menace of black money, promoting and incentivizing ‘Make in India’ and
‘Swachh Bharat’ initiatives, e-governance programs and measured tax incentives
India’s most awaited tax reform, GST, having already tabled through Constitutional Amendment
Bill in the Parliament is poised to be implemented from 1 April 2016. Excise duty and service tax
rates have been simplified by subsuming Education Cess. However, Service Tax rate have
increased to 14%
On Direct Tax front, Corporate tax rates is proposed to be reduced to 25% over next 4 years
accompanied by removal of incentive provisions. Increase in surcharge of 2% to offset Wealth
Tax abolishment. The other positive impact was reversal of higher WHT on Royalty and FTS to
10%. However, tax slab rates for individuals remain unchanged
Overall, the Budget is a balancing act of populism and pragmatism for the poor, the middle
class and the corporate sector
High Expectations from the FM
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Key Policy Announcements
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Key Policy Announcements
Economic Indicators
GDP growth projected between 8 to 8.5%
Fiscal deficit target of 3% to be achieved
in 3 years till 2017-18
Tapered Inflation partly helped by fall in
global oil and gas prices; CPI inflation
projected at 5%; Monetary Policy
Framework Agreement with RBI to keep
inflation below 6%
Stock market - Second best performing in
2014
Projects
‘Housing for All by 2022’ added to Prime
Minister initiatives of ‘Make in India’, ‘Skill
India’, ‘Swachh Bharat Abhiyaan’ and
‘Minimum
Government,
Maximum
Governance’
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Development of Eastern
Eastern regions of India
and
North
Need to cut subsidy leakages through
JAM Trinity - a combination of ‘Jan Dhan
Yojna’, ‘Aadhar’ and Mobile numbers to
allow transfer of benefits directly to the
beneficiaries at low cost with minimal
leakage or cash handling
Measures to curb black money
Comprehensive new law to curb black
money outside India with stringent
measures
including
rigorous
imprisonments and steep penalties
Confiscation of overseas assets held by
Indian residents in violation of FEMA
regulations or equivalent Indian assets
held by the resident
Encourage entrepreneurship - to turn
youth into job creators
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Key Policy Announcements
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Manufacturing
Financial Market
Job creation through revival of growth and
investment and promotion of domestic
manufacturing – ‘Make in India’
Distinction between different forms of
foreign investments
Improve ease of doing business –
‘Minimum Government and Maximum
Governance’
Setting-up project development company
to facilitate setting up manufacturing hubs
in CMLV countries - Cambodia, Myanmar,
Laos and Vietnam
Micro Units Development Refinance
Agency (MUDRA) Bank to be created
Infrastructure
Increase in outlays of roads and railways
Tax free infrastructure bonds for the
projects in the rail, road and irrigation
sectors
RBI registered NBFCs with asset size of
INR 5000 Mn and above to be considered
as ‘Financial Institution’ enabling them to
fund SME and mid-corporate businesses
Foreign investments in AIF to be permitted
Forward Market Commission to be
merged with SEBI to strengthen regulation
of commodity forward market and reduce
speculation
Comprehensive Bankruptcy Code
global standards to be introduced
of
Gold Monetization Scheme - Interest on
metal accounts; Jewelers to obtain loans
in their metal account
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Direct Tax Proposals
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Corporate Tax
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No change in basic corporate tax rate;
Acceptance or repayment of an advance
of INR 20,000 or more in cash for
EC and SHEC
Proposal to reduce basic corporate tax
rate from 30% to 25% over next four
purchase of immovable property to
attract penalty
Wealth-tax proposed to be abolished in
years starting 1 April 2016
Surcharge increased by 2% as offset for
abolishing Wealth Tax; New Surcharge
lieu of increase in the rate of surcharge
by 2% on high income bracket taxpayers
Information regarding assets subject to
rates:
7% where Total Income above INR 10
Mn but does not exceed INR 100 Mn
wealth-tax to be captured in the income
tax returns
12% where Total Income exceeding
INR 100 Mn
12% on additional income tax payable
by
companies,
mutual
funds
and
securitization trusts on distribution of
dividends and buyback of shares
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International Tax
Indirect transfers by foreign company
taxable in India on proportionate basis
and only if the value of Indian assets
exceeds 50% of the value of the global
assets
Fund managers of offshore funds in India
would not constitute business connection
of such offshore fund in India subject to
compliances / conditions
Non-Indian company to be treated as a
resident in India if it has a POEM in India
at any time during the Financial Year
POEM - place where key management
and commercial decisions in substance
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Domestic
Transfer
Pricing
threshold
increased from INR 50 Mn to INR 200 Mn
Foreign tax credit rules to be notified
Applicability of GAAR provisions deferred
by
two
years;
Rules
applicable
to
investments on or after 1 April 2017
FII income (except in case of STCG on
which STT is not chargeable) not subject
to MAT
Interest payable by an Indian branch of a
foreign bank to its head office or other
branch to be taxable in India and subject
to applicable WHT
are made
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Other Tax Proposals
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Charitable Activities
Enhanced Depreciation
100% deduction towards contributions to Manufacturing units set up in notified
Swatch Bharat Kosh, Clean Ganga mission
backward area in Andhra Pradesh /
and National Fund for Drug Abuse not
Telangana on or after 1 April 2015 to be
considered as CSR spend
eligible for additional depreciation @ 35%.
‘Yoga’ included in
‘charitable’ purpose
the
definition
of
Additional investment allowance at 15%
on new plant & machinery acquired and
installed during 1 April 2015 till 31 March
2020
Income of charitable trust in excess of 15%
can be accumulated for exemption only if
the prescribed Form is filed on or before Additional depreciation at 20% on new
the due date of income tax return
plant and machinery used for less than 180
days – 50% to be allowed in the year of
Withholding Tax
acquisition and installation and the balance
50% in the succeeding financial year
WHT on payments to non-residents
towards Royalty and FTS reduced to 10% Deduction for employment of new
on gross basis
workmen now eligible to all taxpayers
(instead of only corporates); Benefit
Lower WHT of 5% on gross basis on
extended to units employing 50 regular
interest paid to FIIs and QFIs extended by
workmen (instead of 100)
two years to 30 June 2017
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Personal Tax
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No change in the income-slabs, tax rates Investments in SSAS to be eligible for
deduction under section 80C; Interest and
and EC and SHEC for individuals
withdrawals to be exempt from tax
Surcharge to be increased from 10% to
Deductions for self and dependent in case
12% where income exceeds INR 10 Mn
of disability to be increased to INR 75,000
Exemption for transport allowance to be
p.a. (INR 125,000 in case of severe
increased from INR 800 to INR 1,600 per
disability)
month
Deduction for chronic diseases for very
Contribution to NPS aligned to INR
senior citizens up to INR 80,000 p.a.
150,000 with INR 50,000 being additional
Withholding Tax @ 10% on taxable
deduction
provident fund withdrawals where payment
Deduction for health insurance premium to
is INR 30,000 or more. In case, PAN not
be increased from INR 15,000 to INR
furnished by the employee, tax to be
25,000 p.a. For senior citizens (60 years or
deducted at maximum marginal rate
above), deduction to be increased from
INR 20,000 to INR 30,000 p.a. For very
senior citizens (above 80 years) not
covered under health insurance, medical
expenditure of INR 30,000 p.a. qualify for
deduction
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Personal Tax
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Income Slabs
Tax Rate
Up to 250,000
Nil
250,001 to 500,000
10%
500,001 to 100,0000
20%
Above 100,0000
30%
Basic Exemption limit for resident super senior citizens (> 80 years) - INR 500,000
Basic Exemption limit for resident senior citizens (> 60 years) – INR 300,000
Specified Investments u/s 80C – INR 150,000; Additional deduction of INR 50,000 on
Contribution to NPS
Rebate from tax of upto INR 2,000 or for a resident individual whose total income is below
INR500,000
12% surcharge is applicable if the total income exceeds INR 10 Mn
3% education cess is applicable on income-tax
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Indirect Tax Proposals
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Excise Duty
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Excise duty rate increased from 12.36% to 12.5%; EC and SHEC exempted on all
products
Change in rates of excise duty on specified products like mobile handsets and Tablets,
chassis of ambulances, cement, LED lights / lamps or fixtures, wafers for use in
manufacture of IC modules for smart cards, specified raw material for use in manufacture
of pacemakers, aerated and mineral waters amongst others
Facility of issuance of digitally signed invoices introduced. However, transporter of goods
needs to carry self-attested hard copies
Preservation of records in electronic form permitted to manufacturers
Direct dispatch of inputs and capital goods by manufacturer or service provider to job
worker permitted
Direct dispatch of goods to registered dealer / importer’s customer premises permitted.
Simplification of registration process in Central Excise
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Service Tax
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Effective service tax rate increased from
12.36% to 14%
Full reverse charge in case of:
Manpower supply and security services
Swachh Bharat Cess to be imposed on
select taxable services @ 2%
received by a body corporate from an
individual, HUF or partnership firm
‘Consideration’ to include reimbursable
expenditure (subject to conditions)
Mutual fund agents / distributors
Aggregators
Uniform abatement of 70% for transport
by rail, road and vessel with a condition of
Above effective from 1 March 2015
non availment of Cenvat credit on inputs,
Exemption on GTA services provided to
capital goods and input services (effective
exporter for transportation of goods from
from 1 April 2015)
container freight station / inland container
Service tax payable on 60% of service
value in case of passsenger air transport
services
other
than
economy
class
depot / from place of removal to land
customs station (effective from 1 April
2015)
(effective from 1 April 2015)
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New Taxable Services
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Admission to entertainment events or
distributors
access to amusement facilities
Contract
manufacturing
/
job
work
production of alcoholic liquor for human
of
mutual
to
mutual
fund
fund
agents,
/asset
management companies and marketing
agents of lottery tickets
Public telephone services
consumption
All services provided by the Government
or local authorities to business entities
Construction,
Services
erection,
commissioning,
Performing artists in folk or classical art
forms of music, dance and theatre for an
amount exceeding INR 100,000
installation, completion, fitting out, repair,
maintenance, renovation, or alteration
services provided to Government for
certain specified projects
Transportation of food-stuff except milk,
salt and essential food grain like flour,
pulses and rice
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Service Tax – Exemptions & Credits
Admission to award function, concert,
pageant, musical performance or any
sporting event where amount charged is
less than INR 500
Admission to a museum, national park,
wildlife sanctuary, tiger reserve or zoo
Recognized sports event or exhibition to
cinematographic film, circus, dance etc.
continue to be exempt
Ambulance Services
Life insurance services provided under
Varishtha Pension Bima Yojna
Services provided by Common Effluent
Treatment Plant operator
Services provided by way
conditioning,
pre-cooling,
waxing, retail packing, labelling
and vegetables which do not
essential characteristics
of preripening,
of fruits
alter its
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Time limit for availment of Cenvat Credit
increased from six months to one year
Effective 1 April 2015, in case of partial
reverse charge; Cenvat Credit can be
availed by the service recipient as under:
Service tax to be paid by the service
recipient - credit can be claimed on
depositing the same with the Government
Treasury
Service tax charged by service provider credit can be claimed immediately on
receipt of invoice. However, credit to be
reversed if payment not made within a
period of 3 months which can be reavailed on making payment
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Customs Duty
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Effective customs duty rate marginally increased due to general increase in excise duty
rates
Effective Customs Duty increased from 25.85% to 26.43% for capital goods and 28.85%
to 29.44% for other than capital goods
Reduction of import duties of specific inputs and raw materials in order to address inverted
duty structure concerns of the manufacturing sector
Change in customs duty on specified products viz. metallurgical coke, petrol and high
speed diesel oil, High Density Polyethylene for manufacture of telecommunication fibre
cables, Active Energy Controller for manufacture of Renewable Power System inverters,
Digital Still Image Video Cameras, LED TV Panels and commercial vehicles amongst
others
Similarly, change in CVD and SAD rates for certain specified products
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Overall Consumer Impact
Cheaper
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Dearer
Packed Fruits &
Vegetables
Leather
Footwear
LED / LCD
panels
LED lights &
lamps
Solar Water
Heaters
Pacemakers
Incense Sticks
Museum, Zoo,
National Parks
Ambulance
Ambulance
Services
Microwave
Ovens
Refrigerator
Compressors
Local Mobile
Phones
Computer
Tablets
Tobacco
Products
Air Travel (non
Economy)
Eating Out
Imported
Commercial
Vehicles
Aerated drinks
Packaged
Water
Plastic Bags &
Sacks
Liquor, Chit
Fund Lottery
Amusement &
Theme Parks
Cement
Music Concerts
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Glossary
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AIF
Alternative Investment Fund
LTCG
Long-Term Capital Gains
CPI
Consumer Price Index
MAT
Minimum Alternate Tax
CSR
Corporate Social Responsibility
Mn
Million
CVD
Countervailing duty
NBFC
Non-Banking Financial Company
EC
Education Cess
NPS
National Pension Scheme
FDI
Foreign Direct Investment
PAN
Permanent Account Number
FEMA
Foreign Exchange Management Act
POEM
Place of Effective Management
FII
Foreign Institutional Investors
RBI
Reserve Bank of India
FPI
Foreign Portfolio Investments
REIT
Real Estate Investment Trust
FY
Financial Year
SAD
Special Additional Duty
FTS
Fees for Technical Services
SEBI
Securities and Exchange Board of India
GAAR
General Anti-Avoidance Rules
SHEC
Secondary & Higher Secondary Education Cess
GDP
Gross Domestic Product
SME
Small and Medium Enterprises
GST
Goods and Services Tax
SSAS
Sukanya Samriddhi Account Scheme
GTA
Goods Transport Agency
STCG
Short-Term Capital Gains
HUF
Hindu Undivided Family
STT
Securities Transaction Tax
INR
Indian Rupees
WHT
Withholding Tax
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Contact Us
CA Manan Agarwal
CA Kratika Agarwal
[email protected]
M +91 99716 98268
[email protected]
M +91 99716 98830
KrayMan Consultants LLP
1170A, 11th Floor, Tower B1
Spaze i-Tech Park
Sector 49, Sohna Road
Gurgaon – 122001 (India)
Tel
Web
Affiliation
+91 124 4309418
www.krayman.com
Manan Agarwal & Associates
Chartered Accountants
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