Budget - Certicom

Direct Tax

This Budget, being the first Budget in Amrit Kaal, hopes to build on the foundation laid in the previous Budget, and the blueprint drawn for India@100.

The economic agenda for achieving this vision focuses on three things:

facilitating ample opportunities for citizens, especially the youth, to fulfill their aspirations;
Providing strong impetus to growth and job creation;
Strengthening macroeconomic stability.

The provisions of the Finance Bill, 2023, relating to direct taxes seek to amend the Income-tax Act, 1961 (“the IT Act”), to continue reforms in the direct tax system through tax reliefs, removing difficulties faced by taxpayers and rationalization of various provisions.

With a view to achieving the above, the various proposals for amendments are organized under the following heads:—

Rates of Income-tax;
Socioeconomic welfare measures;
Ease of compliance;
Widening and deepening of tax base/Anti-Avoidance;
Improving compliance and Tax administration;
Rationalization of Provisions; and
Others.

The following amendments have been proposed under Income Tax Laws in the Finance Bill, 2023:

1. Changes in Section 115BAC (New Tax Regime) with effect from AY 2024-25:

a. New subsection (1A) is proposed to be inserted in section 115BAC of the IT Act to prescribe tax rates in respect of the total income of a person, being an individual or Hindu undivided family or association of persons [other than a cooperative society], or body of individuals. The new rates are as follows

[table id=16 /]

b. Sub-section (2) of Section 115BAC of the IT Act is proposed to be amended to provide that following deductions are allowed under new tax regime viz.

i. Section 80CCH(2) [contribution by CG to the account of an assessee in the Agniveer Corpus Fund],

ii. Section 16(i) [Standard Deduction upto Rs. 50000],

iii. Section 57(iia) [in the case of income in the nature of family pension, a deduction of a sum equal to thirty-three and one-third percent of such income or fifteen thousand rupees, whichever is less.]

c. A new proviso is inserted in sub-section 3 of section 115BAC of the IT Act–“If there is a depreciation allowance in respect of a block of assets which has not been given full effect prior to the assessment year beginning on the 1st day of April 2024, corresponding adjustment shall be made to the written down value of such block of assets as on the 1st day of April 2023 in the manner as may be prescribed”.

d. A new sub-section (6) is inserted in section 115BAC of the IT Act–“Nothing contained in sub-section (1A) shall apply to a person where an option is exercised by such person, in the manner as may be prescribed, for any assessment year, and such option is exercised,––

Note: The rates given in sub-section (1A) of section 115BAC of the IT Act are the default rates. In other words, the income-tax payable in respect of the total income of the person shall be computed as per new rates only unless the person exercises an option under sub-section (6) of section 115BAC (Old Regime).

Further, the maximum surcharge rate will be reduced from 37 percent to 25 percent in the new tax regime

2. Increase in Rebate under section 87A:

In Section 87A of the IT Act, a proviso shall be inserted with effect from the AY 2024-25to give the effect that under the new tax regime, from now onwards an individual who is a resident in India will be entitled to a rebate of 100% of the amount of income-tax payable on a total income not exceeding Rs 7 lakh.

3. Tax on income of certain new manufacturing co-operative societies:

A new section 115BAE is inserted to provide a new manufacturing co-operative society set up on or after April 01, 2023, which commences manufacturing or production on or before March 31, 2024, and does not avail any specified incentive or deductions, may opt to pay tax at a concessional rate of 15% for the assessment year 2024-25 onwards. Surcharge would be at 10% on such tax.

4. Increasing threshold limits for presumptive taxation schemes for eligible businesses:

It is proposed to provide that under section 44AD of the IT Act, for eligible businesses, where the amount or aggregate of the amounts received during the previous year, in cash, does not exceed five percent of the total turnover or gross receipts, a threshold limit of three crore rupees will apply.

5. Increasing threshold limits for presumptive taxation schemes for specified professionals:

It is proposed to provide that under section 44ADA of the IT Act, for professions referred to in subsection (1) of section 44AA of the IT Act, where the amount or aggregate of the amounts received during the previous year, in cash, does not exceed five percent of the total gross receipts, a threshold limit of seventy-five lakh rupees will apply.

6. Decriminalisation of section 276A of the IT Act:

In section 276A of the Income-tax Act, after the proviso, the following proviso shall be inserted, namely:––

“Provided further that no proceeding shall be initiated under this section on or after April 1, 2023.”

Section 276A of the IT Act, provided prosecution of a liquidator for non-compliance with Section 178, now, it is proposed to amend section 276A wherein no fresh prosecution shall be launched under this section on or after April 1, 2023.

7. Tax on winnings from online games:

(a) A new section 115BBJ is inserted with effect from the AY 2024-25 to provide for the taxability of Online Gaming

(b) New section 194BA is inserted with effect from July 1, 2023, to provide for deduction of TDS

The deduction of tax at source on net winnings in the user account at the end of the financial year is prescribed in the Finance Bill, 2023 at 30 percent.

In case there is a withdrawal from the user account during the financial year, the income tax shall be deducted at the time of such withdrawal on net winnings comprised in such withdrawal.

In addition, income-tax shall also be deducted on the remaining amount of net winnings in the user account at the end of the financial year.

Net winnings shall be computed in the prescribed manner.

8. Increasing threshold limit for cooperative societies to withdraw cash without TDS:

In section 194N of the IT Act, after the second proviso, the following proviso shall be inserted with effect from AY 2023-24, namely:––

“Provided also that where the recipient is a cooperative society, the provisions of this section shall have an effect, as if for the words “one crore rupees”, the words “three crore rupees” had been substituted.”

It is proposed to amend section 194N of the IT Act by inserting a new proviso to provide that, the cooperative society can withdraw cash without TDS up to the limit of 3 crores.

9. Rationalisation of exempt income under life insurance policies:

Clause (10D) of section 10 of the Act provides for income-tax exemption on the sum received under a life insurance policy, including a bonus on such policy. There is a condition that the premium payable for any of the years during the terms of the policy should not exceed 10% percent of the actual capital sum assured.

10. Taxability of life insurance policy under Income from Other Sources:

New Clause inserted in section 56(2) of the IT Act, , with effect from AY 2024-25, namely: –

“(xiii) where any sum is received, including the amount allocated by way of bonus, at any time during a the previous year, under a life insurance policy, other than the sum,––

(a) received under a unit-linked insurance policy;

(b) being the income referred to in clause (iv), which is not to be excluded from the total income of the

previous year in accordance with the provisions of clause (10D) of section 10, the sum so received as exceeds the aggregate of the premium paid, during the term of such life insurance policy, and not claimed as deduction under any other provision of this Act, computed in such manner as may be prescribed.”

11. Limiting the rollover benefit claimed under section 54 and section 54F:

In Section 54(1) of the IT Act, a second proviso has been inserted with effect from AY 2024-25, namely:-

“Provided also that where the cost of new asset exceeds ten crore rupees, the amount exceeding ten crore rupees shall not be taken into account for the purposes of this subsection.”

It is proposed to impose a limit on the maximum deduction that can be claimed by the assessee under sections 54 and 54F to rupees ten crores. It has been provided that if the cost of the new asset purchased is more than rupees ten crores, the cost of such asset shall be deemed to be ten crores.

12. Relief to sugar co-operatives from past demand:

New sub-sections (19) and (20) are inserted under Section 155 of the IT Act, to provide that in the case of a sugar mill cooperative, where any deduction in respect of any expenditure incurred for the purchase of sugarcane has been claimed by an assessee and such deduction has been disallowed wholly or partly the Assessing Officer shall, on the basis of an application made by such assessee in this regard, recompute the total income of such assessee for such previous year. The Assessing Officer shall allow such deduction to the extent such expenditure is incurred at a price which is equal to or less than the price fixed or approved by the Government for that previous year.

13. Tax holiday extended for startups for 1 more year:

In section 80-IAC of the Income-tax Act, in the Explanation, in clause (ii), in sub-clause (a), for the figures “2023”, the figures “2024” shall be substituted.

To promote the development of start-ups in India and to provide them with a competitive platform, it is proposed to amend the provisions of section 80-IAC of the IT Act so as to extend the period of incorporation of eligible start-ups to April 1, 2024.

14. Carry forward losses for eligible start-ups extended from seven-year to ten years:

In section 79 of the Income-tax Act, in sub-section (1), in the proviso, for the word “seven”, the word “ten” shall be substituted.

So, the carried forward losses of eligible start-ups shall be considered for set off if such loss has been incurred during the period of ten years beginning from the year in which such company was incorporated.

Further, it is to be noted that a similar amendment is proposed under section 54F of the IT Act.

15. Period of tax benefits to funds relocating to IFSC, GIFT City extended till March 31, 2025:

In order to further incentivize operations from IFSC, it is proposed to amend clause (b) of the Explanation to clause (viiiad) of section 47 of the IT Act so as to extend the date for the transfer of assets of the original fund, or of its wholly owned special purpose vehicle, to a resultant fund in case of relocation to March 31, 2025.

16. TDS rate to be reduced from 30 percent to 20 percent on the taxable portion of EPF withdrawal in non-PAN cases:

Since many low-paid employees do not have PAN and thereby TDS is being deducted at the maximum marginal
the rate in their cases under section 192A. Hence, it is proposed to omit the second proviso to section 192A of the IT
Act, so that in case of failure to furnish of PAN by the person relating to the payment of the accumulated balance due
to him, the tax will be deducted at the rate of 20% as in other non-PAN cases in accordance with section 206AA of
the IT Act, instead of at the maximum marginal rate.

17. Income from Market Linked Debentures to be taxed:

It is proposed to insert a new section 50AA in the IT Act to treat the full value of the consideration received or accruing as a result of the transfer or redemption or maturity of the “Market Linked Debentures” as reduced by the cost of acquisition of the debenture and the expenditure incurred wholly or exclusively in connection with transfer or redemption of such debenture, as capital gains arising from the transfer of a short term capital asset.

A variety of hybrid securities that combine features of plain vanilla debt securities and exchange-traded derivatives are being issued through private placements and listed on stock exchanges. It is seen that such securities differ from plain vanilla debt securities.

In order to tax the capital gains arising from the transfer or redemption or maturity of these securities as short-term capital gains at the applicable rates.

Read More: CANCELLATION, SUSPENSION & REVOCATION OF REGISTRATION UNDER GST

18. Increase in limit for exemption on leave encashment:

The limit of Rs. 3 lacks tax exemption on leave encashment on the retirement of non-government salaried employees was last fixed in the year 2002 when the highest basic pay in the government was Rs. 30,000/- per month. In line with the increase in government salaries, It is proposed to increase this limit to Rs. 25 lacks.

Industry body Assocham has recommended the extension of the production-linked incentive (PLI) schemes to more sectors in the upcoming union budget.

Sumant Singh, President of Assocham, said in a statement to the media on Thursday that the government may consider increasing funding for some of the existing PLI schemes, including the one for solar modules, given that manufacturers in some sectors have requested more incentives than has been allotted. Additionally, he suggested reallocating monies from programs with lower takers to ones with higher demand.

“Given the way the PLI schemes are set up, there are undoubtedly more applicants than funds available, not in all industries, but undoubtedly in someone. As a result, one of the things is that the government reallocates funds between PLI areas when, in one PLI scheme, the full funds were not distributed because there wasn’t enough demand, so they can be allocated to other PLIs.

Speaking about the solar module incentive program, Sinha stated that even if the Center has introduced the second PLI tranche for solar modules, the demand would be much higher than the allotted sum.

The second phase of the PLI program, totaling $19,500 crore, was approved by the union cabinet in September for local production of solar photovoltaic (PV) modules.

Among other pre-budget recommendations, the industry body said the government should increase the exemption limit for income tax to at least ₹5 lakh so that more disposable income is left in the hands of consumers and the economy gets a consumption boost and further leg-up in the recovery. Without accounting for rebates, the present exemption limit is ₹2.5 lakh for the assessees.

Sinha said buoyancy in both the direct and indirect taxes should give enough elbow room to the government for raising the income tax exemption limit.

“The government must respond to the proactive steps other nations are doing to support the production of green hydrogen as India strives to become a major energy producer. Attention should be given to sustainable and green industries to promote job growth and a green economy. Economy security is bigger than manufacturing security,” he said.

Advancing the green economy, achieving energy independence, making investments in green industries, and reducing the use of fossil fuels are all steps toward self-sufficiency.

“Boosting consumption by leaving more money in the hands of the consumers, is a low-hanging fruit for a further recovery in economic growth, ” said Deepak Sood, Secretary General, Assocham.

The chamber also noted that along with consumption, the other path to sustainable growth would be further promoting investment. In this direction, Assocham has suggested the 15% corporate tax rate for new investments in manufacturing can be extended to all sectors, including services.

Read More: Know the New Steps for Payment of Advance Tax

Suggesting another relief measure, it said the interest for late payment of the GST should be reduced to 12% from 18%.

KEY HIGHLIGHTS OF UNION BUDGET 2023 – CHANGES UNDER INCOME TAX LAW