Direct Tax Code Revised Discussion Paper issued on 15.06.10

New Direct Tax Code 3379 views 27 replies

Direct Tax Code 2010 Revised discussion paper released on 15.06.2010

 
The draft DTC along with the Discussion Paper was released in August, 2009 for public comments. The response from various stakeholders has been overwhelming and a number of valuable inputs have been received. CBDT has released the revised Discussion Paper on the draft Direct Taxes Code (DTC), which is being placed in the public domain to seek responses on the modified proposals.

Highlights of the New proposals are.
  1. MAT remain levied on the basis of Book profit and not as per Gross asset based.
  2. EEE(Exempt exempt continue on GPF,RPF,PPF,pension schemes adminstrated by pension fund Regulatory and development authority .Pure Life insurance produces and annuity schemes ,Plus product covered under EEE is also covered as EEE in new Direct tax code upto their present period.
  3. New ULIPs post DTC will not have EEE benefit. However, existing ULIPs will continue to get EEE benefit
  4. For employee : contribution up to a prescribed rate by employer to superannuation fund ,pension fund ,approved provident fund will not be added in employee's salary ,.
  5. Retirement benefit received by employee remain exempted up to prescribed limit.
  6. Status of Double Tax Avoidance Agreements vis-a-vis the domestic law
  7. Administration of the General Anti-avoidance Rule (GAAR)
  8. Taxation of income from house property on a presumptive basis.
  9. Tax treatment of capital Gains and tax treatment of non-profit organizations etc.

 

Attached File : 24 direct tax code reviseddiscussionpaper.pdf downloaded: 452 times
Replies (27)

Highlights of Revised Discussion paper on DTC

 

(1) MAT will be calculated on 'Book Profit' as against the 'Value of Gross Assets'

(2) Salary -  Exempt Exempt Exempt (EEE) scheme will be applicable for GPF, PPF,  RPFs, Pension Scheme, Approved pure life insurance products and annuity schemes instead of EXEMPT EXEMPT TAX (EET)

(3) Retirement Benefits Account scheme not to be introduced

(4) Amount received under Gratuity, voluntary retirement scheme, commutation of encashment of leave will be exempt, subject to specified limits, for all employees

(5) Rules for valuation of perquisite to be made

(6) Rent free accommodation will not be taxed at market value

(7) House Property - Rent - Gross rent will not be computed at a presumptive rate of six per cent of the rateable value or cost of construction/acquisition.

(8) In case of house property which is not let out, the gross rent will be nil. 

(9) In case of self occupied property exemption upto 1.5 Lakhs will be allowed

(10) Capital Gains - Income under the head 'Capital Gains' will be considered as income from ordinary sources in case of all taxpayers including non-residents. 

(11) Listed equity shares or units of an equity oriented fund held more than one years will be computed at adjusted rate (a deduction will be allowed)

(12) Capital gains on other assets held for more than one year will be computed on indexed cost method basis (base year will be 1.4.2000)

(13) income arising on purchase and sale of securities by an FII will be deemed to be income chargeable under the head 'capital gains'

(14) NON-PROFIT ORGANISATIONS  (NPO) - No fresh registration is required for existing NPOs

(15) The income of a public religious institutions and income from charitable activities of the trust / institution will be exempt but donor will not be eligible for deduction on account of donation

(16) 15% (or 10%) carryforward of surplus will be allowed

(17) Donation from NPO to NPO will be considered as application of income

(18) Basic exemption limit will be provided to NPOs

(19) SEZ units -to protect profit linked deductions of units already operating in SEZs for the unexpired period will be incorporated.

(20) COMPANY  INCORPORATED OUTSIDE INDIA - Place of effective management' to be defined

(20) passive income earned by a foreign company which is controlled directly or indirectly by a resident in India will be taxable

(22) DTAA - DTAA will not have preferential status over the domestic law in the following circumstances:-   (i) when the General Anti Avoidance Rule is invoked, or  (ii) when Controlled Foreign Corporation provisions are invoked or  (iii) when Branch Profits Tax is levied. 

(23) Wealth Tax - wealth tax will be payable by all taxpayers except non-profit organizations on all unproductive assets

(24) GENERAL ANTI-AVOIDANCE RULE to be implemented with The forum of Dispute Resolution Panel (DRP)

Slab of income tax rate should also be cleared in revised DTC.

Am I right ?

From when DTCwill be applicable ?

Originally posted by : shwetank vats

Slab of income tax rate should also be cleared in revised DTC.

Am I right ?

 The DTC also does not give any detail on the income tax structure such as slab rates, which were given in the first draft.

The rates of taxation have not been suggested in the present draft and as per the government, the new slabs would be revealed when the proposed act is tabled in the parliament

Source > https://www.merinews.com/article/direct-tax-code-2011-promises-to-simplify-tax-system/15823281.shtml

Originally posted by : Shweta Agarwal

From when DTCwill be applicable ?

If passed, it will be applicable from 1st April, 2011 .

thank you sir for sharing the information

if it pass it will be applicable from april 2011

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It was really nice for sharing the pointwise study of the code

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Originally posted by : Trapti varshney

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Originally posted by : Kishore

It was really nice for sharing the pointwise study of the code

thanx fr sharing sir,................

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