Following are the brief particulars of latest amendments in the Income Tax & Service Tax by Budget 2005.
1. New Slab of Income Tax For Assessment Year 2006-07
Particulars A.Y. 2006-07
A. Rate of income tax
For Individual/ HUF Income
Tax Upto 100000 NIL
100000-150000 10%
150000-250000 20%
Above 250000 30%
above 10,00,000 30% & Surcharge @ 10% & cess 2%
For Women below age 65 yrs
Tax Upto 135000 NIL
135001-150000 10%
150001-250000 20%
Above 250000 30%
above 10,00,000 30% & Surcharge @ 10% cess 2%
For Senior Citizen Age 65 Yr
Tax Upto 185000 NIL
185001-250000 20%
Above 250000 30%
above 10,00,000 30% & Surcharge @ 10% cess 2%
For Firms 30% & Surcharge @ 10% on Tax & EC 2% on Tax & Surcharge
For Companies Indian 30% & Surcharge @ 10% on Tax & EC 2% on Tax & Surcharge
For Companies Foreign 30% & Surcharge @ 2.50% on Tax & EC 2% on Tax & Surcharge
Co-op Society
income Upto 10000 10% NIL surcharge
10000-20000 20% NIL surcharge
above 20000 30% NIL surcharge
Short Term Capital Gain on listed shares 10%
Short Term Capital Gain on unlisted shares Normal Tax
Long Term Capital Gain on listed Shares Exempt
Long Term Capital Gain on other assets including un-listed Shares 20% 20%
Rates of TDS including Surcharge & Cess
Interest :(exceeding 5000/-)
Payment to Individual, HUF 10.20%
Payment to Firms 11.22%
Payment to Companies 22.44%
Payment to Contractor, Transporter, Service provider etc.
If payment exceeds .20000/-
to Indl., & HUF 2.04%
Payment to Companies & Firms 2.244%
ADVERTISEMENT If payment exceeds Rs.20000/-
to Indl. & HUF 1.02%
Payment to Companies & Firms 1.122%
Rent If the Rent exceeds Rs.120000/-
to Indl.& HUF 16.83%
Payment to Companies/Firms 22.44%
Professional Services
If payment exceeds Rs.20000/-
for individual 5.10%
For firm and companies 5.61%
TDS on Commission & Brokerage If the amount exceeds Rs.2500/-
for individual 5.10%
For firm and companies 5.61%
Notes :
- Tax deducted during the month is to be deposited within 7 days of next month.
- Tax deducted on 31st March is to be deposited upto 31st May.
- Return of TDS are to be filed till 30-6-2005 at computer media for companies
- The assessee must deduct TDS with surcharge @ 10% for A.Y. 2005-06 & 2004-05 if the payments to one payee (Individual/HUF) exceeds Rs. 850000/-
- If a senior citizen declares that his Tax liability shall be Nil than form 15H shall be accepted from him even if the income or payment exceeds Rs. 50000/-
- Kindly note w.e.f 2005-06 amendment has been made in section 40 where for a particular expense if TDS which was required to be deducted has not been deducted than such expenditure shall not be allowed under Income Tax while computing income.
- Where the total payment to a payee under different contracts is more than Rs.50000/= during a year even when the value of each contract is less than Rs. 20000/= TDS at the applicable rates has to be deducted at the time of payment.
- Cess to be specified separately in the Tax deposit challis in others column.
- No tax credit is available for TDS if PAN not mentioned on TDS certificate so you must ensure that you have obtained the PAN and furnished the PAN to payee deducting tax from your payments.
- TCS yearly returns are to be submitted on or before 30-6-05
11.TDS on Salaries is to be deducted on the basis of Taxable Income and is to be deposited in the next 7 days.
Other Amendments in Income Tax Act
1. There will be no rebate for ladies/senior citizen from tax. Rebate under section 88C/88B are being withdrawn w.e.f A.Y. 2006-07. Surcharge of 10% (if taxable income exceeds 10 lacs) will be charged.
2. Standard deduction from salaries has been being withdrawn.
3. Deduction from Gross Total Income u/s 80C from taxable income will be available to Individuals & H.U.F. to the extent of Rs. 1 lac based on actual amount invested in following items: -
a) LIC
b) NSC
c) P.P.F.
d) Recognised Provident Fund
e) Approved super annuation fund
f) Subscription to specified govt. securities
g) ULIP
h) Contribution in ULIP of LIC mutual fund
i) Annuity plan of LIC
j) Units of notified mutual funds under plan formulated with Central Government.
k) Pension Fund of Mutual Fund
l) Deposits scheme of N.H.B.
m) Tuition Fee (without sectoral cap) of maximum 2 children without any limit on amount of fees paid
n) Purchase/construction of house (without sectoral cap) Payment/Repayment of Housing Loan limit of Rs. 20000/- has been omitted
o) Subscription to equity share/debenture of eligible issue (without sectoral cap).
p) Investment in Infrastructure Bonds without any Mininmum limit q).Deduction u/s 80C available even if income exceeds 5 Lacs
r). Investment in Savings need not be from current years income.
s). Benefit u/s 80 CCC is being withdrawn. t). benefit u/s 80 CCD is being withdrawn.
However This Investments will be taxable at the time of redemption for modalities the manner is yet to be notified
4.Benefit u/s 80L i.e. deduction for interest on FDR etc is being withdrawn.
5.No multiple deduction u/s 80CCC & 80C and 80CCD.
6.Limit of 1 lakh on 80C/80CCC/80CCD
7.w.e.f. 06-07, interest on education loan only shall be deductible u/s 80E. No monetary limit but repayment of loan will not be allowed.
8.No deduction u/s 80 C in respect of bonds purchased u/s 54EC & 54ED.
9.Trading in derivatives shall not be treated as speculative transaction.
10.Speculation loss shall be allowed to be carried forward for 4 Assessment Years only instead of 8 Assessment years w.e.f. A.Y. 06-07.
11.Banking Cash transaction Tax
w.e.f. from 1.06.2005, tax @ 0.10% will be levied on :-
Tax on cash withdrawals only for current account holders threshold limit fixed Rs 25,000 for individuals & HUF and Rs 1 lakh for Companies. Withdrawls from savings account has been exempted.
Similar threshold limits for term deposits tax on banking cash transactions to be effective from June 1.
i) withdrawl of cash > 25000 on any single day by a person from any scheduled bank or 100000/- for companies
ii) receipt of cash > 25000 or 100000/- on encashment of term deposit on any single day.
iii) Purchase of draft/banker cheque on payment of cash > 25000 or 100000/- on any single day by a business or company
12.Amount of banking transaction tax on the taxable banking transaction shall be allowed u/s 36(1)(xiii).
13.Income tax on fringe benefit
Every employer excluding individual & HUF & Charitable trusts or Institutions shall have to pay Fringe Benefit Tax. Firms Companies and AOP are included.
(a) @ 30% tax be levied on value of such benefit provided to employees.
(b) Fringe benefits means
i) privelege, service, amenity, directly / indirectly
ii) any reimbursement
iii) free/concessional ticket for private journeys of employees & their family member.
iv) Contribution towards super annuation
Purpose Valuation effective Tax Rate
Entertainment 20% 6.732%
Gifts 50% 16.83%
Festival celebration 50% 16.83%
Use of club facility 50% 16.83%
Hospitality
(except food & beverages
provided at place of
business) 20% 6.732%
Hospitality for hotels 5% 1.683%
Guest house 20% 6.732%
Conference 20% 6.732%
Employee Welfare 20% 6.732%
Heath Club/sports/
other facility 50% 16.83%
Sales promotion/
publicity 20% 6.732%
Conveyance/Tour&Travel for
construction,
pharmaceuticals,
software 5% 1.683%
others business 20% 6.732%
Hotel/Boarding/Lodging
construction,
pharmaceuticals,
software 5% 1.683%
others 20% 6.732%
Repair/running/maint/
Depreciation of car 20% 6.732%
(for employer
in this business) 5% 1.683%
Repair/running/
maintenance of
aircrafts 20% 6.732%
(for employer in this
Air line business) 0% NIL
Consumption of fuel 20% 6.732%
(for employer in this Industrial
fuel business) 5% 1.683%
Telephone 20% 6.732%
Scholarship 50% 16.83%
Procedure for FBT
A) Due dt. For filing of return
for audit cases 31st October
Others 31st July
B) Belated/revised return within 1 years from end of Assessment Years.
C) Scrutiny rules same as are for Income Tax return.
D) Best judgement possible
Advance Tax to be paid for Fringe Benefit Taxes Date are as under
Fringe Benefit Tax on . expenses during
April - June 15 July 30% of value
July - Sept. 15 Oct. 30% of value
Oct. - Dec. 15 Jan. 30% of value
Jan. - Mar. 15 Mar. 30% of value
Interest for delay is 1% p.m.
Interest for delay in filing of return 1% p.m.
Delay in return will attract penalty of Rs. 100 per day.
Non responding the notice of ITO will attract penalty of Rs. 10000/-
Concealment of fringe benefits will attract penalty of 100 % to 300% of tax
15. Fringe benefit tax under chapter XII-H will be disallowed u/s 40(a)(ic)
16.. Depreciation Rates Revised
Asset A.Y. 2006-07 A.Y. 2005-06
General
Plant & Machinery 15% 25%
Car 15% 20%
Furniture 10% 15%
Cylinders 60% 80%
17. Additional Depreciation @ 20% will be allowed on cost of new plant & Machinery.
No need for new or substantial expansion.
- TDS certificate, if any, has to be attached with return for Assessment Year 2006-07.
- Upto 2006-07 credit for TDS will be given on production of certificate only.
- Deductor shall have to issue TDS certificate in respect of TDS before 1.4.2006.
21. As per budget date for dematerilisation of TDS has been extended/postponed from 1.4.2005 to 1.04.2006. But in May 2005 the scheme for quarterly filing of TDS return on Computer media has been notified.
22.Securities Transaction Tax
for A.Y. 2006-07 w.e.f. 1.06.2005 STT will be
Nature 2006-07 2005-06
delivery transaction 0.10 0.075
non delivery based transaction 0.02 1.015
Derivative Transaction 0.0133 0.01
23. MAT for A.Y. 06-07 or subsequent year shall be creditable in next years.
SERVICE TAX w.e.f. 1.04.2005
Service providers upto 4 lakh are being exempted upto 4 lacs With immediate effect
All service tax providers to pay service tax ( Rule 6) latest by 5th of the following month/quarter. (date preponed from 25th to 5th )
w.e.f.1.4.2005 Business auxiliary service to include production or processing of goods for or on behalf of client. Service tax exemption provided to a person who produces/processes goods, from input received from a manufacturing and sends the resultant product to same manufacture for further manufacturing of final product which are cleared on payment of excise duty.
Invoice to be issued within 14 days from
A) Date of completion of providing the service or
B) Receipt of payment.
whichever is earlier [Rule 4A(1)]
w.e.f. 1.4.2005 Centralised registration possible (Rule 4)
w.e.f. 1.4.2005. Scope Extended : -
1) Commercial or industrial construction service to
i) include renovation of such building or civil structure
ii) include post construction completion and finishing services for such building or civil structure.
iii) include construction, repair, alteration, renovation or restoration of pipeline or conduits.
- Erection, commissioning or installation services to include specified installation services
- Maintenance or repair services to include :
a) maintenance or management of immovable properties,
b) maintenance or repair including reconditioning or restoration undertaken as part of any contract or agreement.
4) Broadcasting services to include charges recovered by broadcasting agencies from multisystem operator (MSO) and provision of direct to home (DTH) signals to the customers.
Kindly note that the last date for filing of Income Tax Return for A.Y. 2005-06 is 31st October for Individual, HUF, Firms, Companies and where accounts are to be audited and 31st July where accounts are not to be audited. Kindly take care for timely filing of returns.