Madam Speaker,
I rise to present the Budget of the Union for the year 2015-16.
2. I present this Budget in an economic environment which is far more
positive than in the recent past. When other economies are facing
serious challenges, India is about to take-off on a faster growth
trajectory once again. The International Monetary Fund (IMF) has
downgraded its earlier forecast of global economic growth by 0.3%, and
the World Trade Organization has revised its forecast of world trade
growth from 5.3% to 4%. Forecasts for India, however, have either been
upgraded, or remained the same, without downgrades. Madam Speaker, we
have also embraced the States as equal partners in the process of
economic growth. States have been economically empowered more than ever
before and it is my belief that every rupee of public expenditure,
whether undertaken by the Centre or the States, will contribute to the
betterment of people’s lives through job creation, poverty elimination
and economic growth.
3. In the last nine months, the NDA Government headed by Prime Minister
Shri Narendra Modi, has undertaken several significant steps to energise
the economy. The credibility of the Indian economy has been
re-established. The world is predicting that it is India’s chance to
fly.
Kuch to phool khilaye humne, aur kuch phool khilane hai
Mushkil yeh hai bag me ab tak, kaante kai purane hai
4. Though the Union Budget is essentially a Statement of Account of
public finances, it has historically become a significant opportunity to
indicate the direction and the pace of India’s economic policy. My
proposals, therefore, lay out the roadmap for accelerating growth,
enhancing investment and passing on the benefit of the growth process to
the common man, woman, youth and child: those, whose quality of life
needs to be improved. This is the path which we will doggedly and
relentlessly pursue. As the Prime Minister has often said, we are a
round-the-clock, round-the-year Government.
5. Madam, allow me to describe the changes in the Indian economy since
we first took office. In November, 2012, CPI inflation, stood at 11.2%,
the current account deficit by the first quarter of 2013-14 had reached
4.6% of GDP, and normal foreign inflows until March 2014 were $15
billion. We inherited a sentiment of, if I may say so, doom and gloom,
and the investor community had almost written us off.
6. We have come a long way since then. The latest CPI inflation rate is
5.1%, and the wholesale price inflation is negative; the current account
deficit for this year is expected to be below 1.3% of GDP; based on the
new series, real GDP growth is expected to accelerate to 7.4%, making
India the fastest growing large economy in the world; foreign inflows
since April 2014 have been about $55 billion, so that our foreign
exchange reserves have increased to a record $340 billion; the rupee has
become stronger by 6.4% against a broad basket of currencies; and ours
was the second-best performing stock market amongst the major economies.
In short, Madam Speaker, we have turned around the economy
dramatically, restoring macro-economic stability and creating the
conditions for sustainable poverty elimination, job creation and durable
double-digit economic growth. Domestic and international investors are
seeing us with renewed interest and hope.
7. While being mindful of the challenges, Madam Speaker, this gives us
reason to feel optimistic. With all the humility at my command, I submit
that this opportunity has arisen because we have created it. The people
of India had voted resoundingly for quick change, faster growth and
highest levels of transparency. They wanted the scam, scandal and
corruption Raj to end. They wanted a Government in which they can trust.
We have lived up to that trust.
8. Our actions have not been confined to the core or macro-economic
areas alone. Illustratively, action has been taken with regard to
allocation of natural resources; financial inclusion; health and hygiene
of the common man; girls and their education; employment for the youth;
improved and non-adversarial tax administration; effective delivery of
benefits; investment and job creation; welfare of labour; agricultural
productivity and increasing farm incomes; power; digital connectivity;
skilling our youth; efficient and better work culture in Government;
ease of doing business; mainstreaming North Eastern States; and,
reviving our pride in the nation and culture. I am giving the details in
an Annexure to this speech.
9. Madam Speaker, of the work that we have done, I would like to talk of
three achievements as they demonstrate the quality and conviction of
our government. One is the success of the Jan Dhan Yojana. Financial
inclusion has been talked about for decades now. Who would have thought
that in a short period of 100 days, over 12.5 crore families could have
been brought into the financial mainstream? The other is coal auctions.
Earlier, the States only got benefits of royalty. Now, by the
transparent auction process that we are carrying out, the coal bearing
States will be getting several lakh of crore of rupees which they can
use for creation of long awaited community assets and for welfare of
their people.
10. The third is ‘Swachh Bharat’ which we have been able to transform
into a movement to regenerate India. I can speak of, for example, the 50
lakh toilets already constructed in 2014-15, and I can also assure the
Members of this august House that we will indeed attain the target of
building six crore toilets. But, Madam, Swachh Bharat is not only a
programme of hygiene and cleanliness but, at a deeper level, a programme
for preventive health care, and building awareness.
11. We are now embarked on two more game changing reforms. GST and what
the Economic Survey has called the JAM Trinity – Jan Dhan, Aadhar and
Mobile – to implement direct transfer of benefits. GST will put in place
a state-of-the-art indirect tax system by 1st April, 2016. The JAM
Trinity will allow us to transfer benefits in a leakage-proof,
well-targetted and cashless manner.
12. Madam Speaker, one of the major achievements of my government has
been to conquer inflation. This decline, in my view, represents a
structural shift. Going forward, we expect CPI inflation to remain at
close to 5% by the end of the year. This will allow for further easing
of monetary policy.
13. To ensure that our victory over inflation is institutionalized and
hence continues, we have concluded a Monetary Policy Framework Agreement
with the RBI, as I had promised in my Budget Speech for 2014-15. This
Framework clearly states the objective of keeping inflation below 6%. We
will move to amend the RBI Act this year, to provide for a Monetary
Policy Committee.
14. The Central Statistics Office has recently released a new series for
GDP, which involves a number of changes relative to the old series.
Based on the new series, estimated GDP growth for 2014-15 is 7.4%.
Growth in 2015-16 is expected to be between 8 to 8.5%. Aiming for a
double-digit rate seems feasible very soon.
15. I now come to the task ahead of us. In respect of social and
economic indicators, for seven decades now, we have worked in terms of
percentages, and numbers of beneficiaries covered. It is quite obvious
that incremental change is not going to take us anywhere. We have to
think in terms of a quantum jump.
16. The year 2022 will be the Amrut Mahotsav, the 75th year, of India’s
independence. The vision of what the Prime Minister has called ‘Team
India’, led by the States and guided by the Central Government, should
include:
(i) A roof for each family in India. The call given for ‘Housing for
all’ by 2022 would require Team India to complete 2 crore houses in
urban areas and 4 crore houses in rural areas.
(ii) Each house in the country should have basic facilities of 24-hour
power supply, clean drinking water, a toilet, and be connected to a
road.
(iii) At least one member from each family should have access to the
means for livelihood and, employment or economic opportunity, to improve
his or her lot.
(iv) Substantial reduction of poverty. All our schemes should focus on
and centre around the poor. Each of us has to commit ourselves to this
task of eliminating absolute poverty.
(v) Electrification, by 2020, of the remaining 20,000 villages in the country, including by off-grid solar power generation.
(vi) Connecting each of the 1,78,000 unconnected habitations by all
weather roads. This will require completing 1,00,000 km of roads
currently under construction plus sanctioning and building another
1,00,000 km of road.
(vii) Good health is a necessity for both quality of life, and a
person’s productivity and ability to support his or her family.
Providing medical services in each village and city is absolutely
essential.
(viii) Educating and skilling our youth to enable them to get employment
is the altar before which we must all bow. To ensure that there is a
senior secondary school within 5 km reach of each child, we need to
upgrade over 80,000 secondary schools and add or upgrade 75,000
junior/middle, to the senior secondary level. We also have to ensure
that education improves in terms of quality and learning outcomes.
(ix) Increase in agricultural productivity and realization of reasonable
prices for agricultural production is essential for the welfare of
rural areas. We should commit to increasing the irrigated area,
improving the efficiency of existing irrigation systems, promoting
agro-based industry for value addition and increasing farm incomes, and
reasonable prices for farm produce.
(x) In terms of communication, the rural and urban divide should no
longer be acceptable to us. We have to ensure connectivity to all the
villages without it.
(xi) Two-thirds of our population is below 35. To ensure that our young
get proper jobs, we have to aim to make India the manufacturing hub of
the world. The Skill India and the Make in India programmes are aimed at
doing this.
(xii) We also have to encourage and grow the spirit of entrepreneurship
in India and support new start-ups. Thus can our youth turn from being
job-seekers, to job-creators.
(xiii) The Eastern and North Eastern regions of our country are lagging
behind in development on many fronts. We need to ensure that they are on
par with the rest of the country.
17. By the time of the 75th year of Indian independence, Amrut Mahotsav
of our independence is reached, we have to achieve all of the above, so
that India becomes a prosperous country; and a responsible global power.
This will be our true and meaningful tribute to our freedom fighters.
Major Challenges Ahead
18. As I stated earlier, Madam Speaker, I am also mindful of the five
major challenges I have to reckon with. Firstly, Agricultural incomes
are under stress. Our second challenge is increasing investment in
infrastructure. With private investment in infrastructure via the public
private partnership (PPP) model still weak, public investment needs to
step in, to catalyse investment.
19. Our third major challenge is that manufacturing has declined from
18% to 17% of GDP as per new GDP data; and manufacturing exports have
remained stagnant at about 10% of GDP. The Make in India programme is
aimed at meeting this challenge, thus creating jobs.
20. Fourth, we need to be mindful of the need for fiscal discipline in
spite of rising demands for public investment. In keeping with the true
spirit of co-operative federalism, we have devolved a 42% share of the
divisible pool of taxes to States. As members of this august House are
aware, this is an unprecedented increase which would empower states with
more resources. The devolution to the States would be of the order of
`5.24 lakh crore in 2015-16 as against the devolution of `3.38 lakh
crore as per revised estimates of 2014-15. Another `3.04 lakh crore
would be transferred by way of grants and plan transfers. Thus, total
transfer to the States will be about 62% of the total tax receipts of
the country.
21. In spite of the consequential reduced fiscal space for the Centre,
the Government has decided to continue supporting important national
priorities such as agriculture, education, health, MGNREGA, and rural
infrastructure including roads. Programmes targeted for the poor and the
under-privileged, will be continued by us.
22. With fiscal space not just reduced but squeezed, I have to meet the
fifth challenge of maintaining fiscal discipline. Economic growth this
year, at 11.5%, was lower in nominal terms by about 2%, due to lower
inflation. Consequently, tax buoyancy was also significantly lower.
Despite this, Madam, I have kept my word, and we will meet the
challenging fiscal deficit target of 4.1% of GDP, that we had inherited.
Madam Speaker, I need to overcome these challenges to reduce and
eliminate poverty.
Fiscal Roadmap
23. I want to underscore that my government still remains firm on
achieving the medium term target of 3% of GDP. But that journey has to
take account of the need to increase public investment. The total
additional public investment over and above the RE is planned to be
`1.25 lakh crore out of which `70,000 crore would be capital expenditure
from budgetary outlays. We also have to take into account the
drastically reduced fiscal space; uncertainties that implementation of
GST will create; and the likely burden from the report of the 7th Pay
Commission. Rushing into, or insisting on, a pre-set time-table for
fiscal consolidation pro-cyclically would, in my opinion, not be
pro-growth. With the economy improving, the pressure for accelerated
fiscal consolidation too has decreased. In these circumstances, I will
complete the journey to a fiscal deficit of 3% in 3 years, rather than
the two years envisaged previously. Thus, for the next three years, my
targets are: 3.9%, for 2015-16; 3.5% for
2016-17; and, 3.0% for 2017-18. The additional fiscal space will go towards funding infrastructure investment.
24. I am moving amendments accordingly, in the Finance Bill, to the FRBM Act.
25. Madam Speaker, I want to round up the discussion on the fiscal road
map on an optimistic note. While there is a compositional shift, the
aggregate envelope for job creation, poverty elimination and building
infrastructure is not disturbed; in fact it goes up this year, and every
subsequent year, in the same proportion as the tax revenues of the
Union, and the State Governments increase. From this national
perspective of public finances, not only is the path to fiscal
consolidation on track, aggregate annual capital expenditure of the
Governments, as a whole, can be expected to rise significantly, by more
than 0.5% of GDP.
26. Madam Speaker, it may be noted that the budget reflects considerable
scaling up of disinvestment figures. This will include both
disinvestment in loss making units, and some strategic disinvestment.
Good Governance
27. Madam, Speaker, this Government is committed in its resolve, as
Indians, to regain our pre-eminence as a just and compassionate country.
Well-intentioned schemes introduced in the past, have often been
ill-targeted, riddled with leakages and delivered with inefficiency. The
same is true of subsidies. Subsidies are needed for the poor and those
less well off. What we need is a well targeted system of subsidy
delivery. We need to cut subsidy leakages, not subsidies themselves.We
are committed to the process of rationalizing subsidies based on this
approach.
28. We have embarked on that path. The direct transfer of benefits,
started mostly in scholarship schemes, will be further expanded with a
view to increasing the number of beneficiaries from the present 1 crore
to 10.3 crore. Similarly, `6,335 crore have so far been transferred
directly, as LPG subsidy to 11.5 crore LPG consumers. I am sure, persons
who are better-off, such as those in the top tax bracket, and those
genuinely concerned for the welfare of the poor, such as members of this
House, will give up their LPG subsidy voluntarily.
Agriculture
29. Our commitment to farmers runs deep. We have already taken major
steps to address the two major factors critical to agricultural
production: soil and water. An ambitious Soil Health Card Scheme has
been launched to improve soil fertility on a sustainable basis. In order
to improve soil health, I also propose to support Agiculture Ministry’s
organic farming scheme – “Paramparagat Krishi Vikas Yojana”. The
Pradhanmantri Gram Sinchai Yojana is aimed at irrigating the field of
every farmer and improving water use efficiency to provide `Per Drop
More Crop’. I am allocating `5,300 crore to support micro-irrigation,
watershed development and the Pradhan Mantri Krishi Sinchai Yojana. I
urge the States to chip in substantially in this vital sector.
30. To support the agriculture sector with the help of effective and
hassle-free agriculture credit, with a special focus on small and
marginal farmers,
I propose to allocate `25,000 crore in 2015-16 to the corpus of Rural
Infrastructure Development Fund (RIDF) set up in NABARD; `15,000 crore
for Long Term Rural Credit Fund; `45,000 crore for Short Term
Cooperative Rural Credit Refinance Fund; and `15,000 crore for Short
Term RRB Refinance Fund.
31. Farm credit underpins the efforts of our hard-working farmers. I
have, therefore, set up an ambitious target of `8.5 lakh crore of credit
during the year 2015-16 which, I am sure, the banks will surpass.
32. Our government is committed to supporting employment through
MGNREGA. We will ensure that no one who is poor is left without
employment. We will focus on improving the quality and effectiveness of
activities under MGNREGA. I have made an initial allocation of `34,699
crore for the programme.
33. While the farmer is no longer in the clutches of the local trader,
his produce still does not command the best national price. To increase
the incomes of farmers, it is imperative that we create a National
agricultural market, which will have the incidental benefit of
moderating price rises. I intend this year to work with the States, in
NITI, for the creation of a Unified National Agriculture Market.
Funding the Unfunded
34. Madam Speaker, our government firmly believes that development has
to generate inclusive growth. While large corporate and business
entities have a role to play, this has to be complemented by informal
sector enterprises which generate maximum employment. There are some
5.77 crore small business units, mostly individual proprietorship, which
run small manufacturing, trading or service businesses. 62% of these
are owned by SC/ST/OBC. These bottom-of-the-pyramid, hard-working
entrepreneurs find it difficult, if not impossible, to access formal
systems of credit. I, therefore, propose to create a Micro Units
Development Refinance Agency (MUDRA) Bank, with a corpus of `20,000
crore, and credit guarantee corpus of `3,000 crore. MUDRA Bank will
refinance Micro-Finance Institutions through a Pradhan Mantri Mudra
Yojana. In lending, priority will be given to SC/ST enterprises. These
measures will greatly increase the confidence of young, educated or
skilled workers who would now be able to aspire to become first
generation entrepreneurs; existing small businesses, too, will be able
to expand their activities. Just as we are banking the un-banked, we are
also funding the un-funded.
35. A significant part of the working capital requirement of a MSME
arises due to long receivables realization cycles. We are in the process
of establishing an electronic Trade Receivables Discounting System
(TReDS) financing of trade receivables of MSMEs, from corporate and
other buyers, through multiple financiers. This should improve the
liquidity in the MSME sector significantly.
36. Bankruptcy law reform, that brings about legal certainty and speed,
has been identified as a key priority for improving the ease of doing
business. SICA (Sick Industrial Companies Act) and BIFR (Bureau for
Industrial and Financial Reconstruction) have failed in achieving these
objectives. We will bring a comprehensive Bankruptcy Code in fiscal
2015-16, that will meet global standards and provide necessary judicial
capacity.
37. The Government is committed to increasing access of the people to
the formal financial system. In this context, Government proposes to
utilize the vast Postal network with nearly 1,54,000 points of presence
spread across the villages of the country. I hope that the Postal
Department will make its proposed Payments Bank venture successful so
that it contributes further to the Pradhan Mantri Jan Dhan Yojana.
38. To bring parity in regulation of Non-Banking Financial Companies
(NBFCs) with other financial institutions in matters relating to
recovery, it is proposed that NBFCs registered with RBI and having asset
size of `500 crore and above will be considered for notifications as
‘Financial Institution’ in terms of the SARFAESI Act, 2002.
From Jan Dhan to Jan Suraksha
39. A large proportion of India’s population is without insurance of any
kind - health, accidental or life. Worryingly, as our young population
ages, it is also going to be pension-less. Encouraged by the success of
the Pradhan Mantri Jan Dhan Yojana, I propose to work towards creating a
universal social security system for all Indians, specially the poor
and the under-privileged.
40. The soon-to-be-launched Pradhan Mantri Suraksha Bima Yojna will
cover accidental death risk of `2 lakh for a premium of just `12 per
year. Similarly, we will also launch the Atal Pension Yojana, which will
provide a defined pension, depending on the contribution, and its
period. To encourage people to join this scheme, the Government will
contribute 50% of the beneficiaries’ premium limited to `1,000 each
year, for five years, in the new accounts opened before 31st December,
2015.
41. The third Social Security Scheme that I wish to announce is the
Pradhan Mantri Jeevan Jyoti Bima Yojana which covers both natural and
accidental death risk of `2 lakhs. The premium will be `330 per year, or
less than one rupee per day, for the age group 18-50.
42. There are unclaimed deposits of about `3,000 crore in the PPF, and
approximately `6,000 crore in the EPF corpus. I have proposed the
creation of a Senior Citizen Welfare Fund, in the Finance Bill, for
appropriation of these amounts to a corpus which will be used to
subsidize the premiums of vulnerable groups such as old age pensioners,
BPL card-holders, small and marginal farmers and others. A detailed
scheme would be issued in March.
43. Madam Speaker, special regard needs to be paid to the population of
senior citizens in the country which is now approximately 10.5 crore,
out of which over one crore are above the age of 80 years. 70% live in
rural areas and a large number are in the BPL category. A sizeable
percentage of them also suffer from age related disabilities. Ours is a
society that venerates its elders.
I, therefore, propose that a new scheme for providing Physical Aids and
Assisted Living Devices for senior citizens, living below the poverty
line.
44. In sum, these social security schemes reflect our commitment to
utilize the Jan Dhan platform, to ensure that no Indian citizen will
have to worry about illness, accidents, or penury in old age. Being
sensitive to the needs of the poor, under-privileged and the
disadvantaged, my Government also remains committed to the ongoing
welfare schemes for the SCs, STs and Women. Despite serious constraints
on Union finances, allocations made this year are as follows:
SC ` 30,851 crore
ST ` 19,980 crore
Women ` 79,258 crore
45. An integrated education and livelihood scheme called ‘Nai Manzil’
will be launched this year to enable Minority Youth who do not have a
formal school-leaving certificate to obtain one and find better
employment. Further, to show-case civilization and culture of the
Parsis, the Government will support, in2015-16, an exhibition, ‘The
Everlasting Flame’. The allocation for the Ministry of Minority Affairs
is being protected. The BE for the year 2015-16 is `3,738 crore.
Infrastructure
46. Madam, it is no secret that the major slippage in the last decade
has been on the infrastructure front. Our infrastructure does not match
our growth ambitions. There is a pressing need to increase public
investment. I have, therefore, increased outlays on both the roads and
the gross budgetary support to the railways, by `14,031 crore, and
`10,050 crore respectively. The CAPEX of the public sector units is
expected to be ` 3,17,889 crore, an increase of approximately `80,844
crore over RE 2014-15. In fact, all told, investment in infrastructure
will go up by `70,000 crore in the year 2015-16, over the year 2014-15
from the Centre’s Funds and resources of CPSEs.
47. Secondly, I intend to establish a National Investment and
Infrastructure Fund (NIIF), and find monies to ensure an annual flow of `
20,000 crore to it. This will enable the Trust to raise debt, and in
turn, invest as equity, in infrastructure finance companies such as the
IRFC and NHB. The infrastructure finance companies can then leverage
this extra equity, many fold. Thirdly, I also intend to permit tax free
infrastructure bonds for the projects in the rail, road and irrigation
sectors. Fourth, the PPP mode of infrastructure development has to be
revisited, and revitalised. The major issue involved is rebalancing of
risk. In infrastructure projects, the sovereign will have to bear a
major part of the risk without, of course, absorbing it entirely.
48. Fifth, I also intend to establish, in NITI, the Atal Innovation
Mission (AIM). AIM will be an Innovation Promotion Platform involving
academics, entrepreneurs, and researchers and draw upon national and
international experiences to foster a culture of innovation, R&D and
scientific research in India. The platform will also promote a network
of world-class innovation hubs and Grand Challenges for India.
Initially, a sum of ` 150 crore will be earmarked for this purpose.
49. India has a well regarded and world-class IT industry with revenues
of about US$ 150 billion, over US$ 100 billion of exports, employing
nearly 40 lakh people directly. We are now seeing a growing interest in
start-ups. Experimenting in cutting edge technologies, creating value
out of ideas and initiatives and converting them into scalable
enterprises and businesses is at the core of our strategy for engaging
our youth and for inclusive and sustainable growth of the country.
Concerns such as a more liberal system of raising global capital,
incubation facilities in our Centres of Excellence, funding for seed
capital and growth, and ease of Doing Business etc. need to be addressed
to create lakh of jobs and hundreds of billion dollars in value.
50. With this objective, Government is establishing a mechanism to
beknown as SETU (Self-Employment and Talent Utilisation). SETU will be a
Techno-Financial, Incubation and Facilitation Programme to support all
aspects of start-up businesses, and other self-employment activities,
particularly in technology-driven areas. I am setting aside ` 1,000
crore initially in NITI Aayog for this purpose.
51. As the success of so-called minor ports has shown, ports can be an
attractive investment possibility for the private sector. Ports in the
public sector need to both attract such investment as well as leverage
the huge land resources lying unused with them. To enable us to do so,
ports in public sector will be encouraged, to corporatize, and become
companies under the Companies Act.
52. Madam Speaker, investors spend a large amount of time and resources
on getting the multiple permissions required. We aim towards ease of
doing in India. I have myself launched the e-Biz Portal which integrates
14 regulatory permissions at one source. Good States are embracing and
joining this platform. However, if we really want to create jobs, we
have to make India an investment destination which permits the start of a
business in accordance with publically stated guidelines and criteria.
53. I intend to appoint an Expert Committee for this purpose to examine
the possibility and prepare a draft legislation where the need for
multiple prior permissions can be replaced with a pre-existing
regulatory mechanism.
54. The Government also proposes to set up 5 new Ultra Mega Power
Projects, each of 4000 MWs in the plug-and-play mode. All clearances and
linkages will be in place before the project is awarded by a
transparent auction system. This should unlock investments to the extent
of ` 1 lakh crore. The Government would also consider similar
plug-and-play projects in other infrastructure projects such as roads,
ports, rail lines, airports etc. I am happy to announce that the second
unit of Kudankulam Nuclear Power Station will be commissioned in
2015-16.
55. Madam Speaker, I hope to garner some additional resources during the
year from tax buoyancy. If I am successful, then over and above the
budgetary allocation, I will endeavour to enhance allocations to MGNREGA
by ` 5,000 crore; Integrated Child Development Scheme (ICDS) by ` 1,500
crore; Integrated Child Protection Scheme (ICPS) by ` 500 crore; and
the Prdhan Mantri Krishi Sinchai Yojana by ` 3,000 crore; and the
initial inflow of ` 5,000 crore into the NIIF.
Financial Markets
56. One vital factor in promoting investment in India, including in the
infrastructure sector, is the deepening of the Indian Bond market, which
we have to bring at the same level as our world class equity market. I
intend to begin this process this year by setting up a Public Debt
Management Agency (PDMA) which will bring both India’s external
borrowings and domestic debt under one roof.
57. I also propose to merge the Forwards Markets Commission with SEBI to
strengthen regulation of commodity forward markets and reduce wild
speculation. Enabling legislation, amending the Government Securities
Act and the RBI Act is proposed in the Finance Bill, 2015.
58. Capital Account Controls is a policy, rather than a regulatory, matter.
I, therefore, propose to amend, through the Finance Bill, Section-6 of
FEMA to clearly provide that control on capital flows as equity will be
exercised by the Government, in consultation with the RBI.
59. A properly functioning capital market also requires proper consumer
protection. I, therefore, also propose to create a Task Force to
establish a sector-neutral Financial Redressal Agency that will address
grievances against all financial service providers. I am also glad to
inform the House that work assigned to the Task Forces on the Financial
Data Management Centre, the Financial Sector Appellate Tribunal, the
Resolution Corporation, and the Public Debt Management Agency are
progressing satisfactorily. We have also received a large number of
suggestions regarding the Indian Financial Code (IFC), which are
currently being reviewed by the Justice Srikrishna Committee. I hope,
sooner rather than later, to introduce the IFC in Parliament for
consideration.
60. Madam, Speaker, this is just the beginning. I have a vision of
putting in place a direct tax regime which is internationally
competitive on rates, is without exemptions, incentivises savings, and
does not realize tax from intermediaries. Such a direct tax regime would
match the modernized indirect taxes regime we are putting in place by
way of GST, and will bring both greater transparency and greater
investments.
61. Madam Speaker the situation with regard to the dormant Employees
Provident Fund (EPF) accounts and the claim ratios of ESIs is too well
known to be repeated here. It has been remarked that both EPF and ESI
have hostages, rather than clients. Further, the low paid worker suffers
deductions greater than the better paid workers, in percentage terms.
62. With respect to the Employees Provident Fund (EPF), the employee
needs to be provided two options. Firstly, the employee may opt for EPF
or the New Pension Scheme (NPS). Secondly, for employees below a certain
threshold of monthly income, contribution to EPF should be optional,
without affecting or reducing the employer’s contribution. With respect
to ESI, the employee should have the option of choosing either ESI or a
Health Insurance product, recognized by the Insurance Regulatory
Development Authority (IRDA). We intend to bring amending legislation in
this regard, after stakeholder consultation.
Monetising Gold
63. India is one of the largest consumers of gold in the world and
imports as much as 800-1000 tonnes of gold each year. Though stocks of
gold in India are estimated to be over 20,000 tonnes, mostly this gold
is neither traded, nor monetized. I propose to:
(i) Introduce a Gold Monetisation Scheme, which will replace both the
present Gold Deposit and Gold metal Loan Schemes. The new scheme will
allow the depositors of gold to earn interest in their metal accounts
and the jewelers to obtain loans in their metal account. Banks/other
dealers would also be able to monetize this gold.
(ii) Also develop an alternate financial asset, a Sovereign Gold Bond,
as an alternative to purchasing metal gold. The Bonds will carry a fixed
rate of interest, and also be redeemable in cash in terms of the face
value of the gold, at the time of redemption by the holder of the Bond.
(iii) Commence work on developing an Indian Gold Coin, which will carry
the Ashok Chakra on its face. Such an Indian Gold Coin would help reduce
the demand for coins minted outside India and also help to recycle the
gold available in the country.
64. One way to curb the flow of black money is to discourage
transactions in cash. Now that a majority of Indians has or can have, a
RUPAY debit card. I, therefore, proposes to introduce soon several
measures that will incentivize credit or debit card transactions, and
disincentivise cash transactions.
Investment
65. Alternate Investment Funds Regulations have been notified by SEBI.
Such alternate investment funds provide another vehicle for facilitating
domestic investments. Keeping in view the need to increase investments
from all sources, I propose to also allow foreign investments in
Alternate Investment Funds.
66. To further simplify the procedures for Indian Companies to attract
foreign investments, I propose to do away with the distinction between
different types of foreign investments, especially between foreign
portfolio investments and foreign direct investments, and replace them
with composite caps The sectors which are already on a 100% automatic
route would not be affected.
67. The ‘Act East’ policy of the Government of India endeavours to
cultivate extensive economic and strategic relations in South-East Asia.
In order to catalyze investments from the Indian private sector in this
region, a Project Development Company will, through separate Special
Purpose Vehicles (SPVs), set up manufacturing hubs in CMLV countries,
namely, Cambodia, Myanmar, Laos and Vietnam.
Safe India
68. My Government is committed to safety and security of women. In order
to support programmes for women security, advocacy and awareness, I
have decided to provide another ` 1,000 crore to the Nirbhaya Fund.
Tourism
69. While India has 25 (twenty five) Cultural World Heritage Sites.
These facilities are still deficient and require restoration, including
landscape restoration; signage and interpretation centres; parking;
access for the differently abled; visitors’ amenities, including
securities and toilets; illumination and plans for benefiting
communities around them. I propose to provide resources to start work
along these lines for the following Heritage Sites:
(i) Churches & Convents of Old Goa
(ii) Hampi, Karnataka
(iii) Elephanta Caves, Mumbai
(iv) Kumbalgarh and other Hill Forts of Rajasthan
(v) Rani ki Vav, Patan, Gujarat
(vi) Leh Palace, Ladakh, J&K
(vii) Varanasi Temple town, UP
(viii) Jalianwala bagh, Amritsar, Punjab
(ix) Qutub Shahi Tombs, Hyderabad, Telengana
70. After the success of VISAS on arrival issued to travelers of 43
countries, I propose to increase the countries covered to 150, in
stages.
Green India
71. Madam, as environmental degradation hurts the poor more than others,
we are committed to make our development process as green as possible.
Our de facto ‘Carbon Tax’ on most petroleum products compares favourably
with international norms. With regard to coal, there is a need to find a
balance between taxing pollution, and the price of power. However,
beginning this year, I intend to start on that journey too. My
Government is also launching a Scheme for Faster Adoption and
manufacturing of Electric Vehicles (FAME). I am proposing an initial
outlay of `75 crore for this Scheme in 2015-16. The Ministry of New
Renewable Energy has revised its target of renewable energy capacity to
1,75,000 MW till 2022, comprising 100,000 MW Solar, 60,000 MW Wind,
10,000 MW Biomass and 5000 MW Small Hydro.
72. Madam, Speaker, we are putting the scam, scandal and corruption Raj
behind us. Malfeasance in public procurement can perhaps be contained by
having a procurement law and an institutional structure consistent with
the UNCITRAL model. I believe, Parliament needs to take a view soon on
whether we need a procurement law, and if so, what shape it should take.
73. On the other hand, disputes arising in public contracts take long to
resolve, and the process is very costly too. My Government proposes to
introduce a Public Contracts (Resolution of Disputes) Bill to streamline
the institutional arrangements for resolution of such disputes.
74. There is also a need, I feel, to tackle the lack of common approach
and philosophy in the regulatory arrangements prevailing even within the
different sectors of infrastructure. Our Government, therefore, also
proposes to introduce a regulatory reform law that will bring about a
cogency of approach across various sectors of infrastructure.
Skill India
75. India is one of the youngest nations in the world with more than 54%
of the total population below 25 years of age. Our young people have to
be both educated and employable for the jobs of the 21st Century. The
Prime Minister has explained how Skill India needs to be closely
coordinated with Make in India. Yet today less than 5% of our potential
workforce gets formal skill training to be employable and stay
employable.
76. We will soon be launching a National Skills Mission through the
Skill Development and Entrepreneurship Ministry. The Mission will
consolidate skill initiatives spread across several Ministries and allow
us to standardize procedures and outcomes across our 31 Sector Skill
Councils.
77. With rural population still forming close to 70% of India’s
population, enhancing the employability of rural youth is the key to
unlocking India’s demographic dividend. With this in mind, we had
launched the Deen Dayal Upadhyay Gramin Kaushal Yojana. ` 1,500 crore
has been set apart for this scheme. Disbursement will be through a
digital voucher directly into qualified student’s bank account.
78. This is the year when we will be entering the 100th birth
anniversary of Shri Deen Dayalji Upadhyay. The intention of the
Government is to celebrate the anniversary of this great nationalist, in
a befitting manner. A 100th Birthday Celebration Committee will be
announced soon, and adequate resources provided for the celebration.
79. With a view to enable all poor and middle class students to pursue
higher education of their choice without any constraint of funds, I
propose to set up a fully IT based Student Financial Aid Authority to
administer and monitor Scholarship as well Educational Loan Schemes,
through the Pradhan Mantri Vidya Lakshmi Karyakram. We will ensure that
no student misses out on higher education for lack of funds.
80. Hon’ble Members will remember that in the Budget Speech of July,
I had indicated my intention to provide one major Central Institute in
each State. In the fiscal year 2015-16, I propose to set up All India
Institutes of Medical Sciences in J&K, Punjab, Tamil Nadu, Himachal
Pradesh and Assam. Keeping in view the need to augment Medical Sciences
in Bihar, I propose to set up another AIIMS like institution in these
States. I propose to set up an IIT in Karnataka, and upgrade Indian
School of Mines, Dhanbad into a full-fledged IIT. I also propose to set
up a Post Graduate Institute of Horticulture Research and Education in
Amritsar. IIMs will be setup in J&K and Andhra Pradesh. In Kerala, I
propose to upgrade the existing National Institute of Speech and
Hearing to a University of Disability Studies and Rehabilitation. I also
propose three new National Institutes of Pharmaceutical Education and
Research: in Maharashtra, Rajasthan, and Chattisgarh; and an Institutes
of Science and Education Research in Nagaland and Odisha. I also propose
to set up a Centre for Film Production, Animation and Gaming in
Arunachal Pradesh, for the North-Eastern States; and Apprenticeship
Training Institute for Women in Haryana and Uttrakhand.
81. In order to improve the Governance of Public Sector banks, the
Government intends to set up an autonomous bank Board Bureau. The Bureau
will search and select heads of Public Sector banks and help them in
developing differentiated strategies and capital raising plans through
innovative financial methods and instruments. This would be an interim
step towards establishing a holding and investment Company for Banks.
Digital India
82. Madam, Speaker, I would like to inform the House we are making good
progress towards making Digital India. The National Optical Fibre
Network Programme (NOFNP) of 7.5 lakh kms. networking 2.5 lakh villages
is being further speeded up by allowing willing States to undertake its
execution, on reimbursement of cost as determined by Department of
Telecommunications. Andhra Pradesh is the first State to have opted for
this manner of implementation.
83. As Members are aware, in making their recommendations, the Finance
Commission has not distinguished between special category and other
states. Moreover, both Bihar and West Bengal are going to be amongst the
biggest beneficiaries of the recommendations of the Finance Commission.
Yet, the Eastern States have to be given an opportunity to grow even
faster. I, therefore, propose to give similar special assistance to
Bihar and West Bengal as has been provided by the Government of India in
the case of Government of Andhra Pradesh. As regards Andhra Pradesh and
Telengana, the Government is committed to comply with all the legal
commitments made to these States at the time of reorganization.
84. In spite of the large increase in devolution to states, which
implies reduced fiscal space for the Centre in the same proportion we
are committed to the welfare of the poor and the neo-middle class.
Keeping this in mind, adequate provision is being made for the schemes
for the poor and the dis-advantaged. Illustratively, I have allocated `
68,968 crore to the education sector including mid-day meals, ` 33,152
crore to the health sector and ` 79,526 crore for rural development
activities including MGNREGA, ` 22,407 crore for housing and urban
development, ` 10,351 crore for women and child development, ` 4,173
crore for Water Resources and Namami Gange. The significant sums that
will be spent by the States on these programmes will ensure a quantum
leap in expenditures in these areas. I urge states to utilize their
enhanced resources effectively in these areas.
85. Madam, Speaker, I am delighted to report good progress for DMIC
corridors: the Ahmedabad-Dhaulera Investment Region in Gujarat, and the
Shendra–Bidkin Industrial Park near Aurangabad, in Maharashtra, are now
in a position to start work on basic infrastructure. In the current
year, I have earmarked an initial sum of ` 1,200 crore. However, as the
pace of expenditure picks up, I will provide them additional funds.
86. Defence of every square inch of our mother land comes before
anything else. So far, we have been over dependent on imports, with its
attendant unwelcome spin-offs. Our Government has already permitted FDI
in defence so that the Indian-controlled entities also become
manufacturers of defence equipments, not only for us, but for export. We
are thus pursuing the Make in India policy to achieve greater
self-sufficiency in the area of defence equipment, including aircraft.
Members of this august House would have noted that we have been both
transparent and quick in making defence equipment related purchase
decisions, thus keeping our defence forces ready for any eventuality.
This year too, I have provided adequately for the needs of the armed
forces. As against likely expenditure of this year of ` 2,22,370 crore
the budget allocation for 2015-16 is ` 2,46,727 crore.
87. While India produces some of the finest financial minds, including
in international finance, they have few avenues in India to fully
exhibit and exploit their strength to the country’s advantage. GIFT in
Gujarat was envisaged as International Finance Centre that would
actually become as good an International Finance Centre as Singapore or
Dubai, which, incidentally, are largely manned by Indians. The proposal
has languished for years. I am glad to announce that the first phase of
GIFT will soon become a reality. Appropriate regulations will be issued
in March.
88. For the quick resolution of commercial disputes, the Government
proposes to set up exclusive commercial divisions in various courts in
India based on the recommendations of the 253rd Report of the Law
Commission. The Government proposes to introduce a Bill in the
parliament after consulting stakeholders in this regard.
89. Madam Speaker, the Government will, during this session, also place
before the Parliament the required Bills, to convert Ordinances issued
by the Government into Acts of Parliament.
BUDGET ESTIMATES
90. I now turn to the Budget Estimates for Budget 2015-16.
91. Non-Plan expenditure estimates for the Financial Year are estimated
at `13,12,200 crore. Plan expenditure is estimated to be ` 4,65,277
crore, which is very near to the R.E. of 2014-15. Total Expenditure has
accordingly been estimated at ` 17,77,477 crore. The requirements for
expenditure on Defence, Internal Security and other necessary
expenditures are adequately provided.
92. Gross Tax receipts are estimated to be ` 14,49,490 crore. Devolution
to the States is estimated to be ` 5,23,958 crore. Share of Central
Government will be ` 9,19,842 crore. Non Tax Revenues for the next
fiscal are estimated to be `2,21,733 crore.
93. With the above estimates, fiscal deficit will be 3.9 per cent of GDP and Revenue Deficit will be 2.8 per cent of GDP.
PART B
Madam Speaker,
94. I now turn to my tax proposals.
95. Taxation is an instrument of social and economic engineering. Tax
collections help the Government to provide education, healthcare,
housing and other basic facilities to the people to improve their
quality of life and to address the problems of poverty, unemployment and
slow development. To achieve these objectives, it has been our
endeavour in the last nine months to foster a stable taxation policy and
non-adversarial tax administration. A very important dimension to our
tax administration is the fight against the scourge of black money. A
number of measures have already been taken in this direction. I propose
to do much more.
96. We need to revive growth and investment to ensure that more jobs are
created for our youth and benefits of development reach millions of our
poor. We need an enabling tax policy for this. I have already
introduced the Bill to amend the Constitution of India for Goods and
Services Tax (GST) in the last Session of this august House. GST is
expected to play a transformative role in the way our economy functions.
It will add buoyancy to our economy by developing a common Indian
market and reducing the cascading effect on the cost of goods and
services. We are moving in various fronts to implement GST from the next
year.
97. We need to match this transformative piece of legislation in
indirect taxation with transformative measures in direct taxation. The
basic rate of Corporate Tax in India at 30% is higher than the rates
prevalent in the other major Asian economies, making our domestic
industry uncompetitive. Moreover, the effective collection of Corporate
Tax is about 23%. We lose out on both counts, i.e. we are considered as
having a high Corporate Tax regime but we do not get that tax due to
excessive exemptions. A regime of exemptions has led to pressure groups,
litigation and loss of revenue. It also gives room for avoidable
discretion. I, therefore, propose to reduce the rate of Corporate Tax
from 30% to 25% over the next 4 years. This will lead to higher level of
investment, higher growth and more jobs. This process of reduction has
to be necessarily accompanied by rationalisation and removal of various
kinds of tax exemptions and incentives for corporate taxpayers, which
incidentally account for a large number of tax disputes.
98. I wanted to start the phased reduction of corporate tax rate and
phased elimination of exemptions right away; but I thought it would be
appropriate to give advance notice that these changes will start from
the next financial year. Our stated policy is to avoid sudden surprises
and instability in tax policy. Exemptions to individual taxpayers will,
however, continue since they facilitate savings which get transferred to
investment and economic growth.
99. While finalising my tax proposals, I have adopted certain broad themes, which include:
A. Measures to curb black money;
B. Job creation through revival of growth and investment and promotion of domestic manufacturing and ‘Make in India’;
C. Minimum government and maximum governance to improve the ease of doing business;
D. Benefits to middle class taxpayers;
E. Improving the quality of life and public health through Swachch Bharat initiatives; and
F. Stand alone proposals to maximise benefits to the economy.
100. Madam Speaker, the first and foremost pillar of my tax proposals is
to effectively deal with the problem of black money which eats into the
vitals of our economy and society. The problems of poverty and inequity
cannot be eliminated unless generation of black money and its
concealment is dealt with effectively and forcefully.
101. In the last 9 months several measures have been initiated in this
direction. A major breakthrough was achieved in October, 2014 when a
delegation from the Revenue Department visited Switzerland and the Swiss
authorities agreed to (a) provide information in respect of cases
independently investigated by the Income-tax Department; (b) confirm
genuineness of bank accounts and provide non-banking information; (c)
provide such information in a time bound manner; and (d) commence talks
with India for Automatic Exchange of Information between the two
countries at the earliest. Investigation into cases of undisclosed
foreign assets has been accorded the highest priority, resulting in
detection of substantial amounts of unreported income. For strengthening
collection of information from various sources domestically, a new
structure is being put in place which includes electronic filing of
statements by reporting entities. This will ensure seamless integration
of data and more effective enforcement.
102. Tracking down and bringing back the wealth which legitimately
belongs to the country is our abiding commitment to the country.
Recognising the limitations under the existing legislation, we have
taken a considered decision to enact a comprehensive new law on black
money to specifically deal with such money stashed away abroad. To this
end, I propose to introduce a Bill in the current Session of the
Parliament.
103. With your permission, Madam Speaker, I would like to highlight some
of the key features of the proposed new law on black money.
(1) Concealment of income and assets and evasion of tax in relation to
foreign assets will be prosecutable with punishment of rigorous
imprisonment upto 10 years. Further,
• this offence will be made non-compoundable;
• the offenders will not be permitted to approach the Settlement Commission; and
• penalty for such concealment of income and assets at the rate of 300% of tax shall be levied.
(2) Non filing of return or filing of return with inadequate disclosure
of foreign assets will be liable for prosecution with punishment of
rigorous imprisonment up to 7 years.
(3) Income in relation to any undisclosed foreign asset or undisclosed
income from any foreign asset will be taxable at the maximum marginal
rate. Exemptions or deductions which may otherwise be applicable in such
cases, shall not be allowed.
(4) Beneficial owner or beneficiary of foreign assets will be
mandatorily required to file return, even if there is no taxable income.
(5) Abettors of the above offences, whether individuals, entities, banks
or financial institutions will be liable for prosecution and penalty.
(6) Date of Opening of foreign account would be mandatorily required to be specified by the assessee in the return of income.
(7) The offence of concealment of income or evasion of tax in relation
to a foreign asset will be made a predicate offence under the Prevention
of Money-laundering Act, 2002 (PMLA). This provision would enable the
enforcement agencies to attach and confiscate unaccounted assets held
abroad and launch prosecution against persons indulging in laundering of
black money.
(8) The definition of ‘proceeds of crime’ under PMLA is being amended to
enable attachment and confiscation of equivalent asset in India where
the asset located abroad cannot be forfeited.
(9) The Foreign Exchange Management Act, 1999 (FEMA) is also being
amended to the effect that if any foreign exchange, foreign security or
any immovable property situated outside India is held in contravention
of the provisions of this Act, then action may be taken for seizure and
eventual confiscation of assets of equivalent value situated in India.
These contraventions are also being made liable for levy of penalty and
prosecution with punishment of imprisonment up to five years.
104. As regards curbing domestic black money, a new and more
comprehensive Benami Transactions (Prohibition) Bill will be introduced
in the current session of the Parliament. This law will enable
confiscation of benami property and provide for prosecution, thus
blocking a major avenue for generation and holding of black money in the
form of benami property, especially in real estate.
105. A few other measures are also proposed in the Budget for curbing
black money within the country. The Finance Bill includes a proposal to
amend the Income-tax Act to prohibit acceptance or payment of an advance
of `20,000 or more in cash for purchase of immovable property. Quoting
of PAN is being made mandatory for any purchase or sale exceeding the
value of `1 lakh. The third party reporting entities would be required
to furnish information about foreign currency sales and cross border
transactions. Provision is also being made to tackle splitting of
reportable transactions. To improve enforcement, CBDT and CBEC will
leverage technology and have access to information in each other’s
database.
106. Madam Speaker, the second pillar of my taxation proposals this year
is job creation through revival of growth and investment and promotion
of domestic manufacturing and ‘Make in India’. I propose to undertake a
series of steps in this direction to attract capital, both domestic and
foreign. Tax ‘pass through’ is proposed to be allowed to both Category-I
and Category-II Alternative Investment Funds, so that tax is levied on
the investors in these Funds and not on the Funds per se. This will step
up the ability of these Funds to mobilise higher resources and make
higher investments in small and medium enterprises, infrastructure and
social projects and provide the much required private equity to new
ventures and start-ups.
107. A step was taken in the last Budget to encourage Real Estate
Investment Trusts (REITs) and Infrastructure Investments Trusts (InvITs)
by providing partial pass through to them. These collective investment
vehicles have an important role to revive construction activity. A large
quantum of funds is locked up in various completed projects which need
to be released to facilitate new infrastructure projects to take off. I
therefore propose to rationalise the capital gains regime for the
sponsors exiting at the time of listing of the units of REITs and
InvITs, subject to payment of Securities Transaction Tax (STT). The
rental income of REITs from their own assets will have pass through
facility.
108. The present taxation structure has an inbuilt incentive for fund
managers to operate from offshore locations. To encourage such offshore
fund managers to relocate to India, I propose to modify the Permanent
Establishment (PE) norms to the effect that mere presence of a fund
manager in India would not constitute PE of the offshore funds resulting
in adverse tax consequences.
109. Implementation of the General Anti Avoidance Rule (GAAR) has been a
matter of public debate. The investment sentiment in the country has
now turned positive and we need to accelerate this momentum. There are
also certain contentious issues relating to GAAR which need to be
resolved. It has therefore been decided to defer the applicability of
GAAR by two years. Further, it has also been decided that when
implemented, GAAR would apply prospectively to investments made on or
after 01.04.2017.
110. Today I see a lot of young entrepreneurs running business ventures
or wanting to start new ones. They need latest technology. Therefore, to
facilitate technology inflow to small businesses at low costs, I
propose to reduce the rate of income tax on royalty and fees for
technical services from 25% to 10%.
111. To generate greater employment opportunities, it is proposed to
extend the benefit of deduction for employment of new regular workmen to
all business entities. The eligibility threshold of minimum 100 regular
workmen is being reduced to fifty.
112. The role of indirect taxes is also very important in the context of
promotion of domestic manufacturing and Make in India. In indirect
taxes, therefore, I propose to reduce the rates of basic customs duty on
certain inputs, raw materials, intermediates and components (in all 22
items) so as to minimise the impact of duty inversion and reduce the
manufacturing cost in several sectors. Some other changes address the
problem of CENVAT credit accumulation due to the levy of SAD. I propose
to fully exempt all goods, except populated printed circuit boards for
use in manufacture of ITA bound items from SAD and reduce the SAD on
imports of certain other inputs and raw materials subject to actual user
condition. These changes are detailed in the Annexure to the Budget
Speech.
113. My next proposal is regarding minimum government and maximum
governance with focus on ease of doing business and simplification of
Tax Procedures without compromising on tax revenues. The total wealth
tax collection in the country was `1,008 crore in 2013-14. Should a tax
which leads to high cost of collection and a low yield be continued or
should it be replaced with a low cost and higher yield tax? The rich and
wealthy must pay more tax than the less affluent ones. I have therefore
decided to abolish the wealth tax and replace it with an additional
surcharge of 2% on the super-rich with a taxable income of over `1
crore. This will lead to tax simplification and enable the Department to
focus more on ensuring tax compliance and widening the tax base. As
against a tax sacrifice of `1,008 crore, through these measures the
Department would be collecting about `9,000 crore from the 2% additional
surcharge. Further, to track the wealth held by individuals and
entities, the information regarding the assets which are currently
required to be furnished in wealth-tax return will be captured in the
income tax returns. This will ensure that the abolition of wealth tax
does not lead to escape of any income from the tax net.
114. The provision relating to indirect transfers in the Income-tax Act
which is a legacy from the previous government contains several
ambiguities. This provision is being suitably cleaned up. Further,
concerns regarding applicability of indirect transfer provisions to
dividends paid by foreign companies to their shareholders will be
addressed by the Central Board of Direct Taxes through a clarificatory
circular. These changes would eliminate the scope for discretionary
exercise of power and provide a hassle free structure to the taxpayers. I
reiterate what I had said in the last Budget that ordinarily
retrospective tax provisions adversely impact the stability and
predictability of the taxation regime and resort to such provisions
shall be avoided.
115. Further, to reduce the associated hassles to smaller taxpayers and
the compliance costs in domestic transfer pricing, I propose to increase
the threshold limit from `5 crore to `20 crore.
116. In order to rationalise the MAT provisions for FIIs, profits
corresponding to their income from capital gains on transactions in
securities which are liable to tax at a lower rate, shall not be subject
to MAT.
117. The Tax Administration Reform Commission (TARC) has given a number
of recommendations to improve the administration in the Tax Departments.
These recommendations are in advanced stage of examination and will be
appropriately implemented during the course of this year.
118. As part of the movement towards GST, I propose to subsume the
Education Cess and the Secondary and Higher Education Cess in Central
Excise duty. In effect, the general rate of Central Excise Duty of
12.36% including the cesses is being rounded off to 12.5%. I also
propose to revise the specific rates of Central Excise duty in certain
other commodities, as detailed in the Annexure. However, in the case of
petrol and diesel such specific rates are being revised only to the
extent of subsuming the quantum of education cess presently levied on
them, keeping the total incidence of excise duties unchanged. The
ad-valorem rates of excise duty lower than 12% and those higher than 12%
with a few exceptions are not being increased. Some changes are also
being made to excise levy on cigarettes and the compounded levy scheme
applicable to pan masala, gutkha and certain other tobacco products.
119. To give a boost to domestic leather footwear industry, the excise
duty on footwear with leather uppers and having retail price of more
than `1000 per pair is being reduced to 6%.
120. To further facilitate the ease of doing business, online central
excise and service tax registration will be done in two working days.
The assessees under these taxes will be allowed to issue digitally
signed invoices and maintain electronic records. These measures will cut
down lot of paper work and red tape. Time limit for taking CENVAT
credit on inputs and input services is being increased from six months
to one year as a measure of business facilitation.
121. Introduction of GST is eagerly awaited by Trade and Industry. To
facilitate a smooth transition to levy of tax on services by both the
Centre and the States, it is proposed to increase the present rate of
service tax plus education cesses from 12.36% to a consolidated rate of
14%.
122. Madam Speaker, cleanliness of households and clean environment are
very important social causes. The fourth pillar of my taxation proposals
this year therefore relates to initiatives for the Swachh Bharat
Abhiyan. In my direct tax proposals, I have proposed 100% deduction for
contributions, other than by way of CSR contributions, to the Swachh
Bharat Kosh. A similar tax treatment is also proposed for the Clean
Ganga Fund.
123. In indirect taxes, I propose to increase the Clean Energy Cess from
`100 to `200 per metric tonne of coal, etc. to finance clean
environment initiatives. Excise duty on sacks and bags of polymers of
ethylene other than for industrial use is being increased from 12% to
15%. It is also proposed to have an enabling provision to levy Swachh
Bharat Cess at a rate of 2% or less on all or certain services if need
arises. This Cess will be effective from a date to be notified.
Resources generated from this cess will be utilised for financing and
promoting initiatives towards Swachh Bharat.
124. It is also proposed to exempt services by common affluent treatment
plants from service tax. The concessions from customs and excise duties
currently available on specified parts for manufacture of electrically
operated vehicles and hybrid vehicles are being extended by one more
year i.e. up to 31.3.2016.
125. Madam Speaker, the fifth pillar of my taxation proposals this year
is extension of benefits to middle class tax payers. The proposals in
this regard are as follows :
Increase in the limit of deduction in respect of health insurance premium from `15,000 to `25,000.
o For senior citizens the limit will stand increased to `30,000 from the existing `20,000.
o For very senior citizens of the age of 80 years or more, who are not
covered by health insurance, deduction of ` 30,000 towards expenditure
incurred on their treatment will be allowed.
The deduction limit of ` 60,000 towards expenditure on account of
specified diseases of serious nature is proposed to be enhanced to
`80,000 in case of very senior citizens.
Additional deduction of ` 25,000 will be allowed for differently abled
persons under Section 80DD and Section 80U of the Income-tax Act.
The limit on deduction on account of contribution to a Pension Fund
and the New Pension Scheme is proposed to be increased from`1 lakh to
`1.5 lakh.
To provide social safety net and the facility of pension to
individuals, an additional deduction of ` 50,000 is proposed to be
provided for contribution to the New Pension Scheme under Section 80CCD.
This will enable India to become a pensioned society instead of a
pensionless society.
Investments in Sukanya Samriddhi Scheme is already eligible for
deduction under Section 80C. All payments to the beneficiaries including
interest payment on deposit will also be fully exempt.
Transport allowance exemption is being increased from `800 to `1,600 per month.
For the benefit of senior citizens, service tax exemption will be provided on Varishta Bima Yojana.
126. Madam Speaker, I am giving these concessions to individual
taxpayers despite inadequate fiscal space. After taking into account the
tax concession given to middle class tax payers in my last Budget and
this Budget, today an individual tax payer will get tax benefit of
`4,44,200 as detailed in the annexure. As and when my fiscal capacity
improves, individual taxpayers will have a lot to look forward to.
127. Madam Speaker, there are several stand-alone proposals relating to
taxation. These include conversion of existing excise duty on petrol and
diesel to the extent of `4 per litre into Road Cess to fund investment
in roads and other infrastructure. An additional sum of ` 40,000 crore
will be made available through this measure for these sectors. In
service tax, exemption is being extended to certain pre cold storage
services in relation to fruits and vegetables so as to incentivise value
addition in this crucial sector. The Negative List under service tax is
being slightly pruned and certain other exemptions are being withdrawn
to widen the tax base.
128. Yoga is India’s well acknowledged gift to the world. It is proposed
to include yoga within the ambit of charitable purpose under Section
2(15) of the Income-tax Act. Further, to mitigate the problem being
faced by many genuine charitable institutions, it is proposed to modify
the ceiling on receipts from activities in the nature of trade, commerce
or business to 20% of the total receipts from the existing ceiling of
`25 lakh. A national database of non profit organisations is also being
developed.
129. Enactment of a Direct Taxes Code (DTC) has been under discussion
for quite some time. Most of the provisions of the DTC have already been
included in the Income-tax Act. Among the very few aspects of DTC which
were left out, we have addressed some of the issues in the present
Budget. Further, the jurisprudence under the Income-tax Act is well
evolved. Considering all these aspects, there is no great merit in going
ahead with the Direct Tax Code as it exists today.
130. Madam Speaker, the details of direct and indirect tax proposals are
given in the Annexure to the Budget speech and the other budget
documents laid on the Table of the House. My direct tax proposals would
result in revenue loss of `8,315 crore, whereas the proposals in
indirect taxes are expected to yield `23,383 crore. Thus, the net impact
of all tax proposals would be revenue gain of `15,068 crore.
CONCLUSION
131. To conclude, Madam Speaker, it is no secret that expectations of
this Budget have been high. People who urge us to undertake Big Bang
Reforms, also say that the Indian economy is a giant super tanker, or an
elephant. An elephant, Madam Speaker, moves slowly but surely. Even our
worst critics would admit that we have moved rapidly. In this speech, I
think I have clearly outlined not only what we are going to do
immediately, but also a roadmap for the future.
132. I think I can genuinely stake, for our Government, a claim of
intellectual honesty. We have been consistent in what we have said, and
what we are doing. We are committed, Madam Speaker, to achieving what we
have been voted to power for: Change, growth, jobs and genuine,
effective upliftment of the poor and the under-privileged. Our
commitment to the ‘Daridra Narayan’ is steadfast, as is commitment to
the Constitutional principles of Equality and Justice for All, without
concern for caste, creed or religion. This will be in the spirit of the
Upanishad-inspired mantra:
Om Sarve Bhavantu Sukhinah
Sarve Santu Nir-Aamayaah
Sarve Bhadraanni Pashyantu
Maa Kashcid-Duhkha-Bhaag-Bhavet
Om Shaantih Shaantih Shaantih
(OM! May All Be Happy
May All Be Free From Illness
May All See What is Beneficial
May No One Suffer)
133. With these words, Madam Speaker, I commend the Budget to the House.
ANNEXURE
• Allocation of Natural Resources: Auction of coal, reform in the mining
sector to see that resources are used for development of the country
and its people;
• Financial Inclusion: through the Pradhan Mantri Jan Dhan Yojana-making every Indian a part of the financial system;
• Health and hygiene of the common man: Launched a successful campaign
of Swachh Bharat to ensure cleanliness, leading to better productivity
and well being of the poor;
• Girl Child & their Education: Started a drive for constructing
toilets in the remaining elementary schools and also Launched the Beti
Bachao-Beti padhao campaign;
• Creation of Employment for the Youth: Launched the ‘Make in India’
campaign and combined it with a detailed process and policy
re-engineering to make India a Global Manufacturing Hub for creation of
job opportunities for millions of youth;
• Hassle Free Business Environment: Created a non-adversarial tax
regime, ending tax terrorism; Secured the political agreement on the
goods and services tax (GST), that will allow legislative passage of the
constitutional amendment bill;
• Delivery of benefits to the poor made efficient: Started direct
transfer of cooking gas subsidy on a national scale by use of
technology;
• Attracting Investment to create Jobs: Increased FDI caps in defence,
Insurance and Railway Infrastructure; rationalised the conditions for
FDI in construction and medical devices sectors;
• Expanding the job market and ensuring welfare of the labour:
Facilitated Sates which work to improve its Labour Laws and brought
systemic changes in the area through the umbrella programme of ‘Shrameva
Jayate’;
• Better agri-productivity; more income to farmers: Launched the
programme for Soil Health cards for better productivity in agriculture;
• Energising the country: Brought rapid growth in power sector inspite
of uncertainty on the coal front and launched ambitious programmes for
new and renewable energy;
• Technology-from grass root to the Space: Launched the Digital India
programme to make India a knowledge & innovation based society with
Broadband connectivity being taken to all villages, Success of Mars
Orbiter Mission;
• Skill India programme: Created a separate Ministry for skill development which is about to launch a massive programme;
• Efficiency & better work culture in Government: Brought a culture
of responsibility without fear, and with efficiency and transparency;
created an environment of trusting the citizens-encouraging
self-certification in a number of areas;
• Red tape to Red carpet: Ending the red tape, created the ‘Ease of
Doing Business’ in India by reforming and rationalising a large number
of procedures, rules and regulations;
• North-eastern part of the country brought in the mainstream: North
East given special priority in the development process by two visits of
PM and launch of important infrastructure projects;
• Pride in the Nation and its culture: Brought out India’s cultural and
spiritual strength through UNO’s recognition for Yoga, Namami Gange,
Ghat and heritage city development programmes.
ANNEXURE TO PART-B OF THE BUDGET SPEECH
The Finance Bill, 2015 proposes to make amendments in the Income-tax
Act, 1961, Wealth-tax Act, 1957, Excise Tariff Act, Customs Act, Finance
Act, 1994 and Finance (No.2) Act, 2004. A gist of the main amendments
is given below:-
Direct Taxes
2. Rates of tax
2.1 It is proposed that there will be no change in the rate of personal
income-tax and the rate of tax for companies in respect of income earned
in the financial year 2015-16, assessable in the assessment year
2016-17.
2.2 It is further proposed to levy a surcharge @12% on individuals,
HUFs, AOPs, BOIs, artificial juridical persons, firms, cooperative
societies and local authorities having income exceeding ` 1 crore.
Surcharge in the case of domestic companies having income exceeding ` 1
crore and upto ` 10 crore is proposed to be levied @ 7% and surcharge @
12% is proposed to be levied on domestic companies having income
exceeding ` 10 crore.
2.3 It is further proposed that in the case of foreign companies the
surcharge will continue to be levied @2% if the income exceeds ` 1 crore
and is upto ` 10 crore, and @5% if the income exceeds ` 10 crore.
2.4 It is also proposed to levy a surcharge @12% as against current rate
of 10% on additional income-tax payable by companies on distribution of
dividends and buyback of shares, or by mutual funds and securitisation
trusts on distribution of income.
2.5 The education cess on income-tax @ 2% for fulfilment of the
commitment of the Government to provide and finance universalised
quality based education and 1% of additional surcharge called ‘Secondary
and Higher Education Cess’ on tax and surcharge is proposed to be
continued for the financial year 2015-16 for all taxpayers.
3. A. Measures to curb black money
3.1 With a view to curbing the generation of black money in real estate,
it is proposed to amend the provisions of section 269SS and 269T of the
Income-tax Act so as to prohibit acceptance or re-payment of advance in
cash of ` 20,000 or more for any transaction in immovable property. It
is also proposed to provide a penalty of an equal amount in case of
contravention of such provisions.
3.2 Offence of making false declaration/documents in the transaction of
any business relating to Customs (section 132 of the Customs Act) to be
predicate offence under PMLA to curb trade based money laundering.
4. B. Job creation through revival of growth and investment and promotion of domestic ‘manufacturing’ and ‘Make in India’.
4.1 Taking into account the representations received from various
stakeholders and international developments in this regard, it is
proposed to defer applicability of General Anti Avoidance Rule (GAAR) by
2 years. Accordingly, it is proposed to be applicable for income of the
financial year 2017-18 (A.Y. 2018-19) and subsequent years. It is also
proposed that the investments made upto 31.03.2017 shall not be
subjected to GAAR.
4.2 With a view to streamline the taxation regime of Alternative
Investment Funds (AIFs), it is proposed to provide pass through status
to all the sub-categories of category-I and also to category-II AIFs
governed by the regulations of Securities and Exchange Board of India
(SEBI).
4.3 With a view to facilitate relocation of fund managers of offshore
funds in India, it is proposed to modify the permanent establishment
(PE) norms.
4.4 With a view to give effect to the provisions of section 94 of the
Andhra Pradesh Reorganisation Act, 2014, it is proposed to provide an
additional investment allowance (@15%) and additional depreciation
(@15%) to new manufacturing units set-up during the period 01.04.2015 to
31.03.2020 in notified areas of Andhra Pradesh and Telangana.
4.5 In respect of Real Estate Investment Trusts (REITs) and
Infrastructure Investment Trusts (INViTs), it is proposed to provide
that the sponsor will be given the same treatment on offloading of units
at the time of listing as would have been available to him if he had
offloaded his shareholding of special purpose vehicle (SPV) at the stage
of direct listing. Further, the rental income arising from real estate
assets directly held by the REIT is also proposed to be allowed to pass
through and to be taxed in the hands of the unit holders of the REIT.
4.6 It is proposed to amend the provisions of section 194LD of the
Income-tax Act so as to extend the period of applicability of reduced
rate of tax at 5% in respect of income of foreign investors (FIIs and
QFIs) from corporate bonds and government securities, from 31.5.2015 to
30.06.2017.
4.7 With a view to obviate the problems faced by small companies and to
facilitate the inflow of technology, it is proposed to amend the
provisions of section 115A of the Income-tax Act so as to reduce the
rate of tax on royalty and fees for technical services from 25% to 10%.
4.8 With a view to facilitating generation of employment, it is proposed
to amend the provisions of section 80JJAA of the Income-tax Act so as
to provide that tax benefit under the said section shall be available to
a ‘person’ deriving profits from manufacture of goods in a factory and
paying wages to new regular workmen. The eligibility threshold of
minimum 100 workmen is proposed is to reduced to fifty.
4.9 Additional depreciation @ 20% is allowed on new plant and machinery
installed by a manufacturing unit or a unit engaged in generation and
distribution of power. However, if the asset is installed after 30th
September of the previous year only 10% of the additional depreciation
is allowed. It is proposed to allow the remaining 10% of the additional
depreciation in the subsequent previous year.
5. C. Minimum government and maximum goverance to improve the ease of doing business
5.1 Section 9 of the Income-tax Act was amended by Finance Act, 2012 to
clarify that if an asset, being a share of, or interest, in a company or
an entity derives its value, directly or indirectly, substantially from
an asset situated in India, the gain arising from transfer of such
share or interest shall be taxable in India. After the clarificatory
amendment, a large number of representations were received from various
quarters seeking clarification on certain terms used in the amended
provisions. An Expert Committee was also constituted to look into the
concerns. Taking into account the recommendations made by the Expert
Committee and the concerns raised by the various stakeholders, it is
proposed to amend the provisions of the Income-tax Act so as to provide
that:-
• the share or interest shall be deemed to derive its value
substantially from the assets located in India, if on the specified
date, the value of such assets represents at least fifty per cent of the
fair market value of all the assets owned by the company or entity.
However, the indirect transfer provisions would not apply if the value
of Indian assets does not exceed ` 10 crore. Further, the principle of
proportionality will apply to the taxation of gains arising from
indirect transfer of Indian assets.
• the Indian entity shall be obligated to furnish information relating
to the offshore transactions having the effect of directly or indirectly
modifying the ownership structure or control of the Indian company or
entity. In case of non-compliance, a penalty is also proposed.
• the indirect transfer provisions shall not apply in a case where the
transferor of share or interest in a foreign entity, along with his
associated enterprises, neither holds the right of control or management
nor holds voting power or share capital or interest exceeding five
percent. of the total voting power or total share capital in the foreign
company or entity, directly or indirectly, holding the Indian assets.
• the capital gains shall be exempt in respect of transfer of share of a
foreign company deriving its value, directly or indirectly,
substantially from the shares of an Indian company, under a scheme of
amalgamation or demerger.
5.2 It is proposed to amend the provisions of section 92BA of the
Income-tax Act so as to increase the threshold limit for applicability
of transfer pricing regulations to specified domestic transactions from
`5 crore to `20 crore.
5.3 It is proposed to amend the provisions of section 2(15) of the
Income-tax Act so as to include ‘yoga’ as a specific category of
activity in the definition of ‘charitable purpose’ and also to provide
relief for activities in the nature of business undertaken by genuine
charitable organizations subject to the condition that aggregate
receipts from such activity is less than 20% of the total receipts.
5.4 It is proposed to exempt the income of Core Settlement Guarantee
Fund established by Clearing Corporations as per mandate of SEBI.
5.5 It is proposed to amend the provisions of section 255 of the
Income-tax Act so as to increase the monetary limit from ` 5 lakh to `
15 lakh, for a case to be heard by a Single Member Bench of the ITAT.
5.6 It is proposed to amend the provisions of the Income-tax Act so as
to provide tax neutrality on transfer of units of a scheme of a Mutual
Fund under the process of consolidation of schemes of Mutual Funds as
per SEBI Regulations, 1996.
5.7 It is proposed to amend the provisions of the Income-tax Act so as
to provide a mechanism to pre-empt the repetitive appeals by the revenue
in the same assessee’s case on the same question of law year after
year.
5.8 It is proposed to empower the Board to prescribe rules for grant of
relief in respect of taxes paid in foreign jurisdictions.
5.9 It is proposed to abolish the levy of Wealth-tax with effect from
2016-17 (Assessment Year) for reducing the compliance burden on the tax
payers. The revenue loss on account of such abolition is proposed to be
compensated by increase in the existing surcharge by 2% in case of
domestic companies and all non corporate taxpayers.
5.10 With a view to rationalise the dispute resolution mechanism
available to taxpayer in the form of Settlement Commission, it is
proposed to provide that while making an application to the Settlement
Commission for an assessment year which has been re-opened by the
Assessing Officer, the assessee can make an application for other
assessment years in which the proceedings could be re-opened provided
the return of income for such assessment years has been furnished by the
assessee.
6. D. Improving the quality of life and public health through Swachh Bharat Initiatives
6.1 It is proposed to provide that the donations (other than the CSR
contributions made in accordance with section 135 of the Companies Act,
2013) made to Swachch Bharat Kosh (by both resident and non-resident)
and Clean Ganga Fund (by resident) shall be eligible for 100% deduction
under section 80G of the Income-tax Act.
7. E. Benefits to middle class taxpayers
With a view to encourage savings and to promote health care among
individual taxpayers, a number of measures are proposed to be taken by
way of incentives under the Income-tax Act. The same are enumerated
below:-
7.1 It is proposed to provide that investment in Sukanya Samriddhi
Scheme will be eligible for deduction u/s 80C and any payment from the
scheme shall not be liable to tax.
7.2 It is proposed to increase the limit of deduction u/s 80D of the
Income-tax Act from ` 15,000 to ` 25,000 on health insurance premium (in
case of senior citizen from ` 20,000 to ` 30,000). It is also proposed
to allow deduction of expenditure of similar amount in case of a very
senior citizen not eligible to take health insurance.
7.3 It is proposed to increase the limit of deduction in case of very
senior citizens u/s 80DDB of the Income-tax Act on expenditure on
account of specified diseases from ` 60,000 to ` 80,000.
7.4 It is proposed to increase the limit of deduction u/s 80DD of the
Income-tax Act in respect of maintenance, including medical treatment of
a dependant who is a person with disability, from ` 50,000 to `75,000.
It is also proposed to increase the limit of deduction from ` 1 lakh to
`1.25 lakh in case of severe disability.
7.5 It is proposed to increase the limit of deduction u/s 80U of the
Income-tax Act in case of a person with disability, from ` 50,000 to `
75,000. It is also proposed to increase the limit of deduction from ` 1
lakh to `1.25 lakh in case of severe disability.
7.6 It is proposed to increase the limit of deduction u/s 80CCC of the
Income-tax Act on account of contribution to a pension fund of LIC or
IRDA approved insurer from ` 1 lakh to ` 1.5 lakh.
7.7 It is proposed to increase the limit of deduction u/s 80CCD of the
Income-tax Act on account of contribution by the employee to National
Pension Scheme (NPS) from ` 1 lakh to ` 1.50 lakh. It is also proposed
to provide a deduction of upto ` 50,000 over and above the limit of `
1.50 lakh in respect of contributions made to NPS.
7.8 It is proposed to amend the provisions of section 197A of the
Income-tax Act so as to provide the facility of filing self-declaration
of non-deduction of tax by the recipients of taxable maturity proceeds
of life insurance policy.
7.9 Under the existing provisions of the Income-tax Act, an individual
buying an immovable property from a resident is required to deduct tax
but is not required to obtain TAN for depositing the tax so deducted.
With a view to extend the same facility to an individual or HUF
purchasing an immovable property from a non-resident, it is proposed to
relax the requirement of obtaining TAN by the individual or HUF who is
required to deduct tax on acquisition of immovable property from a
non-resident.
7.10 It is proposed to provide that donation made to National Fund for
Control of Drug Abuse (NFCDA) shall be eligible for 100% deduction under
section 80G of the Income-tax Act.
7.11 Details of tax deductions referred to in para 99.
• Deduction u/s 80C `1,50,000
• Deduction u/s 80CCD `50,000
• Deduction on account of interest
on house property loan
(Self occupied property) `2,00,000
• Deduction u/s 80D on health insurance premium `25,000
• Exemption of transport allowance `19,200
Total `4,44,200
8. F. Stand alone proposals to maximise benefits to the economy
8.1 It is proposed to provide for chargeability of interest paid by a
permanent establishment (PE) or a branch of foreign bank to its Head
Office (HO) and other overseas branches under the source rule of
taxation and for treating the PE or branch as a taxable entity for
computation of income and for purpose of levy of TDS.
8.2 With a view to providing a uniform method of computation of period
of stay in Indian for the purposes of determination of ‘resident’ status
in the case of a India seafarer, whether working on a Indian-ship or
foreign-ship, it is proposed to provide an enabling power to CBDT to
prescribe the same in the rules.
8.3 In search cases, it is proposed to allow seized cash to be adjusted
towards the assessee’s tax liability under his settlement application.
8.4 With a view to ensuring proper deduction of tax on payments made to
non-residents, it is proposed to amend the provisions of section 195 of
the Income-tax Act so as to provide for enabling power to the CBDT for
capturing information about prescribed foreign remittances which are
claimed to be not chargeable to tax.
INDIRECT TAXES
A. Job creation through revival of growth and investment and promotion of domestic manufacturing and ‘Make in India’.
CUSTOMS
I. Reduction in duty on certain inputs to address the problem of duty inversion:
1) ‘Metal parts’ for use in the manufacture of electrical insulators.
2) Ethylene-Propylene-non-conjugated-Diene Rubber (EPDM), Water blocking
tape and Mica glass tape for use in the manufacture of insulated wires
and cables.
3) Magnetron upto 1 KW for use in the manufacture of microwave ovens.
4) C- Block for Compressor, Over Load Protector (OLP) & Positive
thermal co-efficient and Crank Shaft for compressor, for use in the
manufacture of Refrigerator compressors.
5) Zeolite, ceria zirconia compounds and cerium compounds for use in the
manufacture of washcoats, which are further used in manufacture of
catalytic converters.
6) Anthraquinone for manufacture of hydrogen peroxide.
7) Sulphuric acid for use in the manufacture of fertilizers.
8) Parts and components of Digital Still Image Video Camera capable of
recording video with minimum resolution of 800x600 pixels, at minimum 23
frames per second, for at least 30 minutes in a single sequence, using
the maximum storage (including the expanded) capacity.
II. Reduction in Basic Customs Duty to reduce the cost of raw materials:
1) Ethylene dichloride (EDC), vinyl chloride monomer (VCM) and styrene monomer (SM) from 2.5% to 2%.
2) Isoprene and Liquefied butanes from 5% to 2.5%.
3) Butyl acrylate from 7.5% to 5%.
4) Ulexite ore from 2.5% to Nil.
5) Antimony metal, antimony waste and scrap from 5% to 2.5%.
6) Specified components for use in the manufacture of specified CNC lathe machines and machining centres from 7.5% to 2.5%.
7) Certain specified inputs for use in the manufacture of flexible medical video endoscopes from 5% to 2.5%.
8) HDPE for use in the manufacture of telecommunication grade optical fibre cables from 7.5% to Nil.
9) Black Light Unit Module for use in the manufacture of LCD/LED TV panels from 10% to Nil.
10) Organic LED (OLED) TV panels from 10% to Nil.
11) CVD and SAD are being fully exempted on specified raw materials
[battery, titanium, palladium wire, eutectic wire, silicone resins and
rubbers, solder paste, reed switch, diodes, transistors, capacitors,
controllers, coils (steel), tubing (silicone)] for use in the
manufacture of pacemakers.
12) Evacuated Tubes with three layers of solar selective coating for use
in the manufacture of solar water heater and system to Nil.
13) Active Energy Controller (AEC) for use in the manufacture of
Renewable Power System (RPS) Inverters to 5%, subject to certification
by MNRE.
14) Parts, components and accessories (falling under any Chapter) for
use in the manufacture of tablet computers and their sub-parts for use
in manufacture of parts, components and accessories are being fully
exempted from BCD, CVD and SAD.
III. Reduction in SAD to address the problem of CENVAT credit accumulation:
1) All goods except populated PCBs, falling under any Chapter of the
Customs Tariff, for use in manufacture of ITA bound goods from 4% to
Nil.
2) Naphtha, ethylene dichloride (EDC), vinyl chloride monomer (VCM) and
styrene monomer (SM) for manufacture of excisable goods from 4% to 2%.
3) Metal scrap of iron & steel, copper, brass and aluminium from 4% to 2%.
4) Inputs for use in the manufacture of LED drivers and MCPCB for LED lights, fixtures and LED lamps from 4% to Nil.
IV. Increase in Basic Customs Duty:
1) Metallurgical coke from 2.5% to 5%.
2) Tariff rate on iron & steel and articles of iron or steel,
falling under Chapters 72 and 73 of the Customs Tariff, from 10% to 15%.
However, there is no change in the existing effective rates of basic
customs duty on these goods.
3) Tariff rate on Commercial Vehicles from 10% to 40% and effective rate
from 10% to 20%. However, customs duty on commercial vehicles in
Completely Knocked Down (CKD) kits and electrically operated vehicles
including those in CKD condition will continue to be at 10%.
V. Miscellaneous:
1) Export duty on upgraded ilmenite is being reduced from 5% to 2.5%.
2) Excise duty structure for mobiles handsets including cellular phones
is being changed from 1% without CENVAT credit or 6% with CENVAT credit
to 1% without CENVAT credit or 12.5% with CENVAT credit.
3) Excise duty structure of 2% without CENVAT credit or 12.5% with CENVAT credit is being prescribed for tablet computers.
4) Basic Customs Duty on Digital Still Image Video Camera capable of
recording video with minimum resolution of 800x600 pixels, at minimum 23
frames per second, for at least 30 minutes in a single sequence, using
the maximum storage (including the expanded) capacity is being reduced
to Nil. Basic Customs Duty on parts and components of these cameras is
also being reduced from 5% to Nil.
5) Concessional customs duty structure of Nil Basic Customs Duty, 6% CVD
and Nil SAD on specified parts of electrically operated vehicles and
hybrid vehicles, presently available upto 31.03.2015, is being extended
upto 31.03.2016.
EXCISE
I. Excise duty structure on certain goods is being restructured as follows:
1) Wafers for use in the manufacture of integrated circuit (IC) modules for smart cards from 12% to 6%.
2) Inputs for use in the manufacture of LED drivers and MCPCB for LED lights, fixtures and LED lamps from 12% to 6%.
3) Mobiles handsets, including cellular phones from 1% without CENVAT
credit or 6% with CENVAT credit to 1% without CENVAT credit or 12.5%
with CENVAT credit. NCCD of 1% on mobile handsets including cellular
phones remains unchanged.
4) Tablet computers from 12% to 2% without CENVAT credit or 12.5% with CENVAT credit.
5) Specified raw materials [battery, titanium, palladium wire, eutectic
wire, silicone resins and rubbers, solder paste, reed switch, diodes,
transistors, capacitors, controllers, coils (steel), tubing (silicone)]
for use in the manufacture of pacemakers to Nil.
6) Pig iron SG grade and Ferro-silicon-magnesium for use in the
manufacture of cast components of wind operated electricity generators
to Nil, subject to certification by MNRE.
7) Solar water heater and system from 12% to Nil without CENVAT credit or 12.5% with CENVAT credit.
8) Round copper wire and tin alloys for use in the manufacture of Solar
PV ribbon for manufacture of solar PV cells to Nil subject to
certification by Department of Electronics and Information Technology
(DeitY).
II. Miscellaneous:
1) Excise duty on leather footwear (footwear with uppers made of leather
of heading 4107 or 4112 to 4114) of Retail Sale Price of more than `
1000 per pair from 12% to 6%.
2) Excise duty levied on the value of duty paid on rails for manufacture
of railway or tramway track construction material is being exempted
retrospectively for the period from 17.03.2012 to 02.02.2014, if no
CENVAT credit of duty paid on such rails is availed.
B. Mimimum government and maximum governance to improve the ease of design business
I. Reduction in number of levies:
EXCISE
1) Education Cess and Secondary & Higher Education Cess leviable on
excisable goods are being subsumed in Basic Excise duty. Consequently,
Education Cess and Secondary & Higher Education Cess leviable on
excisable goods are being fully exempted. The standard ad valorem rate
of Basic Excise Duty is being increased from 12% to 12.5% and specific
rates of Basic Excise Duty on petrol, diesel, cement, cigarettes &
other tobacco products (other than biris) are being suitably changed.
However, the total incidence of various duties of excise on petrol and
diesel remains unchanged. Other Basic Excise Duty rates (ad valorem as
well as specific) with a few exceptions are not being changed. Customs
Education Cesses will continue to be levied on imported goods.
II. Ensure certainty and uniformity in valuation of the goods for the purposes of levy of excise duty:
1) All goods falling under Chapter sub-heading 2101 20, including iced
tea, are being notified under section 4A of the Central Excise Act for
the purpose of assessment of Central Excise duty with reference to the
Retail Sale Price with an abatement of 30%. Such goods are also being
included in the Third Schedule to the Central Excise Act, 1944.
2) Goods, such as lemonade and other beverages, are being notified under
section 4A of the Central Excise Act for the purpose of assessment of
Central Excise duty with reference to the Retail Sale Price with an
abatement of 35%. Such goods are also being included in the Third
Schedule to the Central Excise Act, 1944.
III. Compliance Facilitation:
1) Online Central Excise/Service Tax Registration within two working days.
2) Time limit for taking CENVAT Credit on inputs and input services is being increased from six months to one year.
3) Facility of direct dispatch of goods by registered, dealer from
seller to customer’s premises is being provided. Similar facility is
also being allowed in respect of job-workers. Registered importer can
also send goods directly to customer from the port of importation.
4) Penalty provisions in Customs, Central Excise & Service Tax are
being rationalized to encourage compliance and early dispute resolution.
5) Central Excise/Service Tax assessees are being allowed to issue
digitally signed invoices and maintain other records electronically.
IV. Miscellaneous:
1) The entry “waters, including mineral waters and aerated waters,
containing added sugar or other sweetening matter or flavoured” in the
Seventh Schedule to the Finance Act, 2005 related to levy of additional
duty of excise @ 5% is being omitted. Till the enactment of the Finance
Bill, 2015, the said additional duty of excise of 5% leviable on such
goods is being exempted. Simultaneously, the Basic Excise Duty on these
goods is being increased from 12% to 18%.
2) Excise duty on chassis for ambulances is being reduced from 24% to 12.5%.
C. Improving the quality of life and public health through Swachh Bharat Initiatives.
CUSTOMS & EXCISE
1) The Scheduled rate of Clean Energy Cess levied on coal, lignite and
peat is being increased from `100 per tonne to `300 per tonne. The
effective rate of Clean Energy Cess is being increased from `100 per
tonne to `200 per tonne.
2) Concessional customs and excise duty rates on specified parts of
Electrically Operated Vehicles and Hybrid Vehicles, presently available
upto 31.03.2015, is being extended upto 31.03.2016.
3) Excise duty on sacks and bags of polymers of ethylene other than for industrial use is being increased from 12% to 15%.
SERVICE TAX
1) An enabling provision is being made to empower the Central Government
to impose a Swachh Bharat Cess on all or certain taxable services at a
rate of 2% on the value of such taxable services. The proceeds from this
Cess would be utilized for Swachh Bharat initiatives. This Cess will be
effective from a date to be notified.
2) Service provided by a Common Effluent Treatment Plant operator for treatment of effluent is being exempted.
D. Stand alone proposals to maximise benefits to the economy
D.I Broadening the Tax Base:
EXCISE
1) Excise duty of 2% without CENVAT credit or 6% with CENVAT credit is
being levied on condensed milk put up in unit containers. It is also
being notified under section 4A of the Central Excise Act for the
purpose of valuation with reference to the Retail Sale Price with an
abatement of 30%.
2) Excise duty of 2% without CENVAT credit or 6% with CENVAT credit is being levied on peanut butter.
SERVICE TAX
I. Change in Service Tax rates:
1) The service tax rate is being increased from 12% plus Education
Cesses to 14%. The ‘Education Cess’ and ‘Secondary and Higher Education
Cess’ shall be subsumed in the new service tax rate. The revised rate
shall come into effect from a date to be notified.
II. Review of the Negative List
1) Service tax to be levied on the service provided by way of access to
amusement facility such as rides, bowling alleys, amusement arcades,
water parks, theme parks, etc.
2) Service tax to be levied on service by way of admission to
entertainment event of concerts, non-recognized sporting events,
pageants, music concerts and award functions, if the amount charged for
admission is more than Rs 500. Service by way of admission to exhibition
of the cinematographic film, circus, dance, or theatrical performances
including drama, ballets or recognized sporting events shall continue to
be exempt.
3) Service tax to be levied on service by way of carrying out any
processes as job work for production or manufacture of alcoholic liquor
for human consumption.
4) An enabling provision is being made to exclude all services provided
by the Government or local authority to a business entity from the
Negative List. Once this amendment is given effect to, all service
provided by the Government to business entities, unless specifically
exempt, shall become taxable.
III. Review of General Exemptions
1) Exemption presently available on specified services of construction,
repair of civil structures, etc. when provided to Government shall be
restricted only to,-
a) a historical monument, archaeological site
b) canal, dam or other irrigation work;
c) pipeline, conduit or plant for (i) water supply (ii) water treatment, or (iii) sewerage treatment or disposal.
2) Exemption to construction, erection, commissioning or installation of
original works pertaining to an airport or port is being withdrawn.
3) Exemption to services provided by a performing artist in folk or
classical art form of (i) music, or (ii) dance, or (iii) theater, will
be limited only to such cases where amount charged is upto Rs 1,00,000
per performance (except brand ambassador).
4) Exemption to transportation of ‘food stuff’ by rail, or vessels or
road will be limited to transportation of food grains including rice and
pulses, flours, milk and salt only. Transportation of agricultural
produce is separately exempt which would continue.
5) Exemptions are being withdrawn on the following services:
(a) services provided by a mutual fund agent to a mutual fund or assets management company;
(b) distributor to a mutual fund or AMC; and
(c) selling or marketing agent of lottery ticket to a distributor of lottery.
6) Exemption is being withdrawn on the following services,-
(a) Departmentally run public telephone
(b) Guaranteed public telephone operating only local calls
(c) Service by way of making telephone calls from free telephone at airport and hospital where no bill is issued
7) Existing exemption notification for service provided by a commission
agent located outside India to an exporter located in India is being
rescinded, as this notification has become redundant in view of the
amendments made in law in the previous budget, whereby services provided
by such agents have been excluded from the tax net.
D.II Relief Measures:
CUSTOMS
1) Exempt artificial heart (left ventricular assist device) from Basic Customs Duty of 5% and CVD.
EXCISE
1) Full exemption from excise duty is being extended to captively
consumed intermediate compound coming into existence during the
manufacture of Agarbattis. Agarbattis attract Nil excise duty.
SERVICE TAX
1) Services of pre-conditioning, pre-cooling, ripening, waxing, retail
packing, labeling of fruits and vegetables are being exempted.
2) Life insurance service provided by way of Varishtha Pension Bima Yojna is being exempted.
3) Service provided by way of exhibition of movie by the
exhibitor/theatre owner to the distributor or association of persons
consisting of exhibitor as one of it’s member is being exempted.
4) All ambulance services provided to patients are being exempted.
5) Service provided by way of admission to a museum, zoo, national park,
wild life sanctuary and a tiger reserve is being exempted.
6) Transport of goods for export by road from the factory to a land customs station (LCS) is being exempted.
D.III Allocation of additional resources for infrastructure:
EXCISE & CUSTOMS
1) The Scheduled rates of Additional Duty of Customs / Excise levied on
Petrol and High Speed Diesel Oil [commonly known as Road Cess] are being
increased from `2 per litre to `8 per litre. The effective rates of
Additional Duty of Customs / Excise levied on Petrol and High Speed
Diesel Oil [commonly known as Road Cess] are being increased from `2 per
litre to `6 per litre. Simultaneously, Basic Excise Duty Rates on
Petrol and High Speed Diesel Oil (both branded and unbranded) are being
reduced by `4 per litre. Basic Excise duty rates on petrol and diesel
are also being increased suitably so as to subsume Education Cess and
Secondary and Higher Education Cess presently levied on them. Thus, the
net decrease in Basic Excise Duty on branded petrol is `3.46 per litre,
on unbranded petrol is `3.49 per litre, on branded diesel is `3.63 per
litre and on unbranded diesel is `3.70 per litre. However, total
incidence of excise duties on petrol and diesel remains unchanged.
D.IV Promote public health:
EXCISE
1) Excise duty on cigarettes is being increased by 25% for cigarettes of
length not exceeding 65 mm and by 15% for cigarettes of other lengths.
Similar increases are proposed on cigars, cheroots and cigarillos.
2) Maximum speed of packing machine is being specified as a factor
relevant to production for determining excise duty payable under the
Compounded Levy Scheme presently applicable to pan masala, gutkha and
chewing tobacco. Accordingly, deemed production and duty payable per
machine per month are being notified with reference to the speed range
in which the maximum speed of a packing machine falls.
D.V Other measures relating to Service Tax
1. Changes in the Finance Act, 1994
1. A definition of the term “government” is being incorporated in the
Act to resolve interpretational issues as regards the scope of this term
in the context of the Negative List and service tax exemptions.
2. To amend the definition of term “service” to specifically state the intention of legislature to levy service tax on:
i. chit fund foremen by way of conducting a chit; and
ii. distributor or selling agent of lottery, as appointed or authorized
by the organizing state for promoting, marketing, distributing, selling,
or assisting the state in any other way for organizing and conducting a
lottery.
3. It is being specifically prescribed in the Act that value of a
taxable service shall include any reimbursable cost or expenditure
incurred and charged by the service provider to make legal position
clear and avoid disputes.
4. Section 66F of the Act prescribes that unless otherwise specified,
reference to a service shall not include reference to any input service
used for providing such service. An illustration is being incorporated
in this section to exemplify the scope of this provision.
2. Rationalization of abatement
1. A uniform abatement is being prescribed for transport by rail, road
and vessel to bring parity in these sectors. Service Tax shall be
payable on 30% of the value of such service subject to a uniform
condition of non-availment of Cenvat Credit on inputs, capital goods and
input services. Presently, tax is payable on 30% of the value in case
of rail transport, 25% in case of road transport and 40% in case of
transport by vessels.
2. The abatement for executive (business/first class) air travel,
wherein the service element is higher, is being reduced from 60% to 40%.
Consequently, service tax would be payable on 60% of the value of fare
for business class.
3. Abatement is being withdrawn on chit fund service.
3. Service Tax Rules
1. In respect of any service provided under aggregator model, the
aggregator is being made liable to pay service tax if the service is
provided using the brand name of aggregator in any manner.
2. Consequent to the upward revision in Service Tax rate, the
composition rate on specified services, namely, life insurance service,
services of air travel agent, money changing service provided by banks
or authorized dealers, and service provided by lottery distributor and
selling agent, is proposed to be revised proportionately.
4. Reverse charge mechanism
1. Manpower supply and security services when provided by individual,
HUF, partnership firm to a body corporate are being brought to full
reverse charge as a simplification measure. Presently, these are taxed
under partial reverse charge mechanism.
2. Services provided by mutual fund agents, mutual fund distributors and
lottery agents are being brought to under reverse charge consequent to
withdrawal of exemption on such services.
5. The Cenvat Credit Rules, 2004
Cenvat Credit Rules are being amended to allow credit of service tax
paid under partial reverse charge by the service receiver without
linking it to the payments of value of service to service provider as a
trade facilitation measure.
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