Finance Bill Vs Finance Act - Dewan P.N. Chopra & Co.

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FinanceBillVs.FinanceAct
–SnippetofImportantChanges
DPNC Insight
Finance Bill, 2016 Vs Finance Act, 2016

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Snippet of important changes made in the Finance
Bill, 2016 as incorporated in Finance Act, 2016
The Finance Bill, 2016 received the presidential assent on May 14, 2016.
Thus, it has become the Finance Act, 2016 now.
However, the Bill which was presented originally in the Lok Sabha on
February 29, 2016 has not been passed in its original shape. Various
changes have been made in the Bill and new amendments have been
brought in. A snippet of important changes made in the Finance Bill, 2016
as incorporated in Finance Act, 2016, is contained hereunder:
Amendments proposed in
Finance Bill, 2016
Amendment made by
Finance Act, 2016
1. Unlisted shares held for 24 months or less would be treated as short-
term capital asset
No amendment was proposed As per section 2(42A) of the
Income-tax Act, 1961 (the Act)
any capital asset held by an
assessee for a period of not more
than 36 months immediately
preceding the date of its transfer is
treated as short-term capital asset.
The period of holding in case of
shares in terms of section 2(42A)
of the Act has undergone various
changes over past 2-3 years,
(including by way of recent
amendment made by Finance Act,
2016). The various phases of
amendments in case of shares
have been summarized hereunder
to ensure better appreciation of

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amendment by Finance Act, 2016:
Position prior to amendment by
Finance Act (No. 2) Act, 2014:
The aforesaid period of 36 months
was to be treated as 12 months in
case of shares held in any
company, whether listed or not.
Position post amendment by
Finance Act (No. 2) Act, 2014,
w.e.f. 1.04.2015:
An amendment was brought in by
Finance Act (No. 2) Act, 2014 to
provide that the aforesaid period
of 12 months would not be
applicable in respect of shares not
listed on a recognized stock
exchange. Thus, with effect from
01.04.2015, an unlisted share is
treated as short-term capital asset,
if it is held for not more than 36
months immediately preceding
the date of its transfer.
Position post Finance Act (No. 2)
Act, 2016:
The Finance Act, 2016 has recently
inserted a new clause to provide
that the period of 36 months
would be substituted with period
of 24 months in case of unlisted
shares. In other words, unlisted
shares of company would be
treated as short-term capital asset

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if it is held for a period of 24
months or less immediately
preceding the date of its transfer.
2. When employer's annual contribution is deemed as income received
by employee
The Finance Bill, 2016 proposed
an amendment to Rule 6 to the
Fourth Schedule of the Act to
provide that lower of the
following shall be deemed as
income of the employee:
i. Annual contribution made by
employer in excess of 12% of
salary to the recognized
provident fund account of the
employees; or
ii. INR 1,50,000
The aforesaid limit of
contribution in excess of 12%
was already in place, the
Finance Bill, 2016 made a
proposition to put a ceiling
limit of INR 1,50,000, on the
amount which could be taxed
as income in the hands of
employee.
The aforesaid proposed
amendment regarding ceiling limit
of INR 1,50,000/- does not find
place in the Finance Act, 2016.
Accordingly, the position under the
Act remains intact and any amount
of contribution by employer in
excess of 12% of salary to the
recognized provident fund account
of the employees shall be deemed
as income of employee regardless
of any ceiling limit.
3. Withdrawal of amendments relating to retirement funds
I. Withdrawal of employee's
contribution from provident
fund:
Finance Bill, 2016 proposed an
amendment to Section 10(12) of
The Finance Act, 2016 has
withdrawn such proposed
amendment to the section 10(12)
of the Act and thus, status-quo for

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the Act that any withdrawal from
the accumulated balance in the
provident fund account, which is
attributable to employee's
contribution, made on or after
April 1, 2016, shall not be
chargeable to tax up to 40 % of
such accumulated balance.
withdrawal from the provident
fund account is maintained.
II. Withdrawal from
superannuation fund account:
an amendment to Section 10(13)
of the Act that any payment in
lieu of or in commutation of an
annuity purchased out of
contributions made on or after
April 1, 2016, where it exceeds
40% of annuity, shall be
chargeable to tax.
withdrawn such proposed
amendment to the section 10(13)
of the Act and thus, status-quo for
withdrawal from the provident
fund account is maintained.
4. TCS collection at the time of receipt only in specific cases
that every seller of a motor
vehicle shall collect TCS at the
rate of 1% of value of motor car if
such value exceeds ten lakh
rupees.
There is no change in the Finance
Act, 2016 on the aspects of rate of
TCS and value of motor car.
Such tax was proposed to be
collected from the buyer under
section 206C at the time of
debiting the amount receivable
or at the time of receipt,
whichever happened earlier.
However, the Finance Act, 2016
provides that tax shall be
collected under Section 206C only
at the time of receipt of
consideration.

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The amendment was sought to be
made by way of inserting an
additional entry in the table to
section 206C(1) of the Act.
The amendment has been given
effect to by way of insertion of
new sub-section (1F) to section
206C of the Act.
5. Section 270A - Computation of tax on under-reported income
Introduction of new section 270A of the Act :
 Under the existing provisions, penalty on account of
concealment of income or on furnishing of inaccurate
particulars of income is levied under Section 271(1)(c).
 In order to rationalize and bring objectivity, certainty and
clarity in the penalty provisions, new Section 270A was
proposed to be inserted in Finance Bill, 2016.
 It provides for levy of penalty in cases of under-reporting and
misreporting of income.
 The rate of penalty shall be 50% of tax in case of under
reporting of income and 200% of tax in case of misreporting of
income.
The provision of Section 270A of the Act has been brought into
the statute as proposed in Finance Bill, 2016, subject to the
following differences on two aspects:
i. What constitutes under-
reporting of income:
six instances where a person shall
be deemed to have underreported
his income. The same are
embodied under section 270A(2)
of the Act.
i. What constitutes under-
The Finance Act, 2016 has in
addition to six instances as
proposed in the Bill, included
one more instance of under
reporting of income.
A person shall also be deemed
to have underreported his
income where the amount of
deemed total income reassessed
as per the provisions of section
115JB (MAT) or section 115JC

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(AMT), as the case may be, is
greater than the deemed total
income assessed or reassessed
immediately before such
reassessment
ii. Tax payable on under-
The tax payable in respect of the
under-reported income shall be
the amount of tax calculated-
a) on such income as if it were
the total income, in the case of
a company, firm or local
authority; and
b) at the rate of thirty per cent, of
the amount of under-reported
income, in any other case.
ii. Tax payable on under-
The Finance Act, 2016
provides that the tax payable
in respect of the
underreported income shall
be as under:
a) Return not furnished: Where
return of income has not been
furnished and the income has
been assessed for the first
time, the tax shall be
calculated on
underreported income as
increased by maximum
amount not chargeable to
tax.
b) In case of loss: Where the
total income assessed or re-
assessed is a loss, the tax
shall be calculated on
under-reported income as if
it was the total income.
c) In any other case: Tax shall
be calculated as X-Y
where,
X = Tax on under-reported
income as increased by total
income assessed or re-

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assessed originally
Y = Tax on total income assessed
or re-assessed originally
6. Under reporting of income shall be punishable as wilful attempt
to evade tax u/s 276C of the Act
insertion of a new Section 270A
to levy penalty in case of under-
reporting and misreporting of
income by assessee. However,
the Bill contained no
corresponding provision to
invoke prosecution in this case.
amended the existing
provision of Section 276C to
provide that where tax on
under-reported income as
per section 270A exceeds INR
25 lakhs, assessee shall be
punishable with rigorous
imprisonment under section
276C.
The existing provision of Section
276C provides for rigorous
imprisonment of minimum 6
months to 7 years, with fine, in
case an assessee has made
wilful attempt to evade tax.
The quantum of imprisonment
for under-reporting of income
is same as provided in case
of wilful attempt to evade
tax.
7. Immunity from penalty and prosecution in certain cases under
newly inserted section 270AA of the Act
to insert section 270AA to
provide immunity to the
assessee from penalties under
section 270A and prosecution
under section 276C, if the
assessee fulfils the following
conditions:
a) He pays the tax and interest as
per order u/s 143(3) of the Act
or 147 of the Act, within the
The Finance Act, 2016 also
includes immunity from
prosecution under Section
276CC in the new Section
270AA.

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time prescribed by the notice of
demand; and
b) He does not file an appeal
against the order referred
above
8. Benefit of 25 percent tax rates on certain domestic companies
Introduction of new section 115BA of the Act :
 The Finance Bill, 2016 proposed insertion of new section
115BA
 to provide benefit of concessional tax rate of 25%
 for A.Y. beginning from 1.4.2017 or subsequent A.Y.s
 to certain domestic companies engaged in specified
business
 if company has been set-up and registered on or after 1st
March, 2016
The provision of Section 115BA of the Act has been brought into
following differences on two aspects:
i. Companies eligible for
concessional tax rate:
Companies engaged in the
business of manufacturing or
production of any article or
thing
i. Companies eligible for
concessional tax rate
The Finance Act, 2016 provides
that benefit of concessional tax
rate shall also be available to the
companies engaged in research
in relation to or distribution of
article or thing manufactured
or produced by it.
ii. How and when to exercise
option:
 It was proposed in the Finance
Bill, 2016 that to avail of the
concessional rate of tax,
ii. How and when to exercise
option:
 Option is required to be
exercised by the person in

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domestic company shall
exercise the option in the
prescribed manner on or
before due date of furnishing
the return of income under
section 139(1) for the
relevant previous year.
 No such bar regarding non-
withdrawal of option was
contained in the Finance Bill
the prescribed manner on or
before the due date specified
under sub-section (1)
of section 139 for furnishing
the first of the returns of
income which the person is
required to furnish under the
provisions of this Act
 It is also provided that once
the option to avail of benefit
of concessional tax rate has
been exercised by the
company for any previous
year, it cannot subsequently
withdraw for the same or
any other previous year.
9. LLPs can be 'Eligible start-ups' in terms of section 80-IAC
Introduction of new Section 80-IAC of the Act
 The Finance Bill, 2016 proposed a new section 80-IAC to
provide 100 percent deduction for 3 consecutive
assessment years to an 'eligible start-up' engaged in an
eligible business.
 Such deduction may, at the option of assessee, be claimed for
any three consecutive AYs out of the five years beginning
from the year in which eligible start-up is incorporated.
The purview of the term ‘eligible start-up’ has been expanded in
the Finance Act, 2016 as explained hereunder:
to define 'eligible start-up' as a
'company' engaged in an eligible
business which fulfils the
The Finance Act, 2016 extends
the definition of 'eligible start-
up' to include 'limited liability
partnership' also. In other
words, LLPs shall also be eligible

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prescribed conditions to claim deductions under
Section 80-IAC subject to
fulfilment of prescribed
conditions.
10. Section 80-IBA - Profit linked deduction on housing projects
Introduction of new Section 80-IBA of the Act
The Finance Bill, 2016 proposed insertion of a new Section
80-IBA which provides for deduction of 100% of profits
arising from the business of developing and building housing
projects.
Such deduction is available subject to fulfilment of certain
conditions prescribed in the aforesaid section. A few of such
condition have been further elaborated in the Finance Act,
2016, as explained hereunder:
i. The project is on a plot of land
measuring not less than:
a) 1000 sq. meters where such
project is located :
 within the cities of Chennai, Delhi,
Kolkata or Mumbai; or
 within the area of 25 kms from the
municipal limits of these cities; or
b) 2000 sq. meters within the
jurisdiction of any other
municipality or cantonment
board
ii. The residential units comprised
in the housing project does not
exceed:
project is located within
i. The project is on a plot of land
measuring not less than:
a) 1000 sq. meters where
such project is located :
 within the cities of Chennai,
Delhi, Kolkata or Mumbai; or
 within the distance, measured
aerially, of 25 kms from the
municipal limits of these cities; or
b) 2000 sq. meters where the
project is located in any
other place
ii. The built up area of the
residential unit comprised in
the housing project does not
exceed:

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locations specified in (i)(a)
above; or
b) 60 sq. meters where such
locations specified in (i)(b)
above; or
locations specified in (i)(a)
above; or
b) 60 sq. meters where such
locations specified in (i)(b)
above; or
Thus, it has been provided
clearly that the 'built-up area' of
the residential unit shall be
relevant to check if the size of
the residential unit is within
threshold limit of 30 sq. meters
or 60 sq. meters, as the case may
be.
11. Levy of additional tax on dividend u/s 115BDA of the Act
The Finance Bill, 2016 had
proposed an additional tax of 10%
on dividend income, if income of
an assessee (being a resident
individual, HUF, or firm), by way
of dividends declared, distributed
or paid by a domestic company,
exceeds INR 10 Lakhs.
clarified two points in this
regards as under:
a) Dividend whether paid or
declared or distributed by one
or more domestic companies,
the aggregate of dividend
shall be considered for the
limit of INR 10 lakhs
b) Tax @10% shall be payable
only on the amount of
dividend exceeding INR 10
lakhs.
12. Tax on income from patent developed and registered in India u/s

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115BBF of the Act
Introduction of new Section 115BBF of the Act
 The Finance Bill, 2016 proposed insertion of new section
115BBF to tax royalty income in respect of a patent
developed and registered in India at the rate of 10%.
 The benefit of section 115BBF is available only to an eligible
assessee being a person resident in India and who is a
patentee
The provision of Section 115BA of the Act has been brought into
following differences:
 The provision of Section 115BBF
under the Finance Bill, 2016
comprised of only two sub-
sections (1) & (2).
a) No requirement contained
in the Bill for assessee to
exercise the option of
getting taxed under section
115BBF of the Act, before
the due date of furnishing
return of income.
b) No bar contained in the Bill
if the assessee does not
offer income for tax in
subsequent assessment
years in terms of section
115BBF
 The Finance Act, 2016 has
inserted two new sub-sections
(3) & (4) to Section 115BBF to
provide as follows:
a) Assessee may exercise the
option for taxation of income
from patents in accordance
with the provisions of
section 115BBF, in
prescribed manner on or
before the due date of
furnishing of return of
income under section
139(1) of the relevant
previous year.
b) If assessee opts for taxation
of income from patents as
per section 115BBF in any
previous year and fails to
offer tax on income from
patents as per section
115BBF in any of the 5

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 The word 'developed' has been
described in the Explanation to
mean the expenditure incurred by
the assessee for any invention in
respect of which patent is granted
under the Patents Act, 1970.
succeeding assessment
years then he shall not be
eligible to claim benefit of
said section for 5
assessment years
subsequent to the
assessment year in which
such income has not been
offered to tax as per section
115BBF.
 The Finance Act, 2016
specifically provides that
the meaning of "developed"
shall mean at least 75
percent of the expenditure
incurred in India by the
eligible assessee for any
invention in respect of
which patent is granted
under the Patents Act, 1970.
13. Amendment in Section 111A of the Act –Short term capital gains on
transfer of shares through a recognized stock exchange located in
IFSC
Background of amendment to Section 111A of the Act
 In order to mobilise growth of International Financial
Services Centres (IFSC), the Finance Bill, 2016 proposed
that no Securities Transaction Tax ('STT') and Commodities
Transaction Tax ('CTT') shall be levied on transactions of
securities carried out through recognized stock exchange
located in IFSC where the consideration for such transaction
is paid or payable in foreign currency.
 Consequently, it was proposed in Finance Bill, 2016 as
approved in the Act, to amend the section 10(38) of the
Income-tax Act to provide that long-term capital gains

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arising from transfer of equity shares, equity oriented
mutual fund or units of business trust shall be exempt from
tax if the transaction is undertaken in foreign currency
through a recognised stock exchange located in an IFSC,
even if STT is not paid in respect of such transactions.
However, no corresponding
amendment was proposed in the
Finance Bill, 2016 to section 111A
of the Act [i.e., short-term capital
gains arising from transfer of
listed securities.]
Therefore, the Finance Act, 2016
makes similar amendment to
section 111A to provide that
short-term capital gains arising
from transfer of underlying
securities shall be taxable at 15%,
if the transaction is undertaken
in foreign currency through a
recognised stock exchange
located in an IFSC, even if STT is
not paid in respect of such
transactions.
14. Rate of MAT for unit located in IFSC under section 115JB of the Act
Background of amendment to Section 111A of the Act
Another important measure which has been taken in order
to mobilise growth of International Financial Services
Centres (IFSC), is that the Finance Bill, 2016 had proposed
to reduce the MAT rate from existing 18.5% to 9% in case of
unit located in International Financial Services Centre
('IFSC')
The Finance Bill, 2016 provided
for the certain conditions which
were required to be satisfied in
order to enjoy the aforesaid
lower MAT rate of 9%, as under:
• The taxpayer is a unit
established in IFSC
• The unit must be a new
unit established on or
withdrawn the condition of
establishment of new IFSC unit
after April 1, 2016.
Consequently, the benefit of
reduced rate of MAT shall also
be given to those units which
have been set up before April 1,
2016.

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after April 1, 2016
• It should derive its income
solely in convertible
foreign exchange
15. Amortization of spectrum fee for telecommunication services under
section 35ABA of the Act
to insert a new section 35ABA to
provide that the spectrum fee
paid for auction of airwaves shall
be allowed to be deducted over
the useful life of the spectrum.
The Finance Act, 2016 also
provides for consequences if
specified conditions under
section 35ABA of the Act are not
fulfilled.
If subsequently there is a failure
to comply with any of the
conditions, then:
a) the deduction shall be
treated as wrongly
allowed;
b) the Assessing Officer may
re-compute the total
income of the assessee for
the respective previous
years; and
c) the provisions of Section
154 of the Act shall apply
for four years from the
end of the year in which
the default is made
16. Relief to specific Non-Residents from the tax deduction under
section 194LBB
Background of amendment to Section 194LBB of the Act
 The Finance Act, 2015 had inserted a special taxation regime

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in respect of Category I and II Alternative Investment Funds
(investment fund) registered with the SEBI.
 The special taxation regime is intended to ensure tax pass
through status in respect of these investment funds which
are collective investment vehicles. The special regime is
contained in sections 10(23FBA), 10 (23FBB), 115UB and
194LBB of the Act.
 The taxation in the hands of investors is in the same manner
and in the same proportion as it would have been, had the
investor received such income directly and not through the
investment fund.
 Under this regime the income of the investment fund (not
being in the nature of business income) is exempt in the
hands of investment fund. However, income received by the
investor from the investment fund (other than the income
which is taxed at the level of investment fund) is taxable in
their hands.
 Accordingly, Section 194LBB was inserted for deduction of
tax in respect of payment made to such investors.
 The existing provisions of section 194LBB provide that in
respect of any income credited or paid by the investment
fund to its investor (resident or non-resident), a tax
deduction at source (TDS) shall be made by the investment
fund at the rate of 10% of the income. This TDS regime had
created certain difficulties that non-resident investors,
whose income was not taxable as per the relevant DTAA,
were not able to claim benefit of lower or nil rate of taxation.
Even section 197 does not provide for any facility to the
deductee to approach the Assessing Officer for seeking
certificate for TDS at a lower or nil rate in respect of
deductions made under section 194LBB.
to amend the section 194LBB to
additionally inserted a proviso

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provide that tax shall be
deducted as follows:
i. where payee is resident-
at the rate of 10%
ii. Where the payee is non-
resident or foreign
company- at the rates in
force.
to the effect that where payee is a
non-resident or a foreign
company, no tax shall be
deducted in respect of any
income which is not chargeable
to tax.
17. Tax on Accretion Income of Trusts
Introduction of new chapter XII-EB (containing Section 115TD,
115TE and 115TF of the Act)
 The Finance Bill, 2016 proposed to insert a new Chapter XII-
EB, containing sections 115TD, 115TE and 115TF, under the
Act to provide that 'Accreted income' of a trust or institution
registered under section 12AA shall be chargeable to tax at
the maximum marginal rates in following circumstances
listed under section 115TD(1) of the Act:
(a) If the trust or institution gets converted into any
form which is not eligible for grant of registration
under section 12AA; or
(b) If the trust or institution gets merged into any entity
which is a trust or institution having objects similar
to and registered under section 12AA; or
(c) If the trust or institution, in case of dissolution, fails
to transfer its assets to exempt entities under
section 12AA and section 10(23C) (iv), (v), (vi) &
(via), within a period of 12 months from end of
month in which dissolution takes place
 The difference between the fair market value of the
assets and liabilities of the trust or institution would be
treated as 'accreted income' and tax thereon shall be paid
in addition to the income-tax chargeable in respect of the

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total income of such trust or institution.
 As per section 115TD, a trust or an institution shall be
deemed to have been converted into any form not eligible for
registration under section 12AA in a previous year on
occurrence of following events:
a) when registration granted to it under Section 12AA has
been cancelled; or
b) It has adopted or undertaken modification of its objects
which do not conform to the conditions of registration and
it:
i. has not applied for fresh registration under Section
12AA in the said previous year; or
ii. has filed application for fresh registration under
Section 12AA but the said application has been
rejected.
The Finance Act, 2016 has brought it the following changes in
relation the Finance Bill, 2016 as discussed hereunder:
A. Assets which don't form
part of Accretion income
While computing the accreted
income in respect of a case
referred to in section
115TD(1)(c), assets and
liabilities, if any, related to
such asset, which have been
transferred to any of the
entities other than entities
exempt under section 12AA
and section 10(23C) (iv), (v),
(vi) & (via), within the period
specified in the said clause,
shall be ignored.
A. Assets which don't form part of
Accretion income
In the Finance Act, 2016
additional, proviso has been
inserted to Section 115TD(2) to
provide that the value of the
following assets shall also not be
taken into consideration while
computing the 'Accreted income':
(a) Any asset acquired by a trust
or institution out of its
agricultural income.
b) Any asset acquired by the trust
before getting registered under

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B. Time-limit to pay tax on
Accreted income
It was proposed under Finance
Bill, 2016 that the tax on
Accretion income shall be
payable within 14 days from
date of receipt of order
cancelling registration or date
of order rejecting application
for fresh registration.
section 12AA provided that no
exemption under section 11 or 12
is provided to trust or institution
during that period.
B. Time-limit to pay tax on
Accreted income
proposed new time-limit for
payment of tax on Accretion
income. It has been prescribed
that tax on Accretion income
shall be paid within 14 days
from:
(a) the date on which the
period for filing appeal
before ITAT against the
order cancelling the
registration (or order
rejecting the application)
expires, if no appeal has
been filed by the trust or the
institution; or
(b) the date on which the
order in any appeal,
confirming the
cancellation of the
registration (or order
rejecting the application), is
received by the trust or
institution.
C. Validity of registration
obtained under section 12A
The Finance Act, 2016 has made a
clarificatory amendment to

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DISCLAIMER
The information contained herein is in summary form by Dewan P.N. Chopra & Co., from sources believed to
be reliable. While the information is believed to be accurate to the best of our knowledge, we do not make
any representations or warranties, express or implied, as to the accuracy or completeness of such
information. Recipients should conduct and rely upon their own examination, investigation and analysis
and are advised to seek their own professional advice. This document is not an offer, invitation, advice,
opinion or solicitation of any kind. We accept no responsibility for any errors it may contain or for any loss,
howsoever caused or sustained, by the person who relies on it.
provide that registration under
section 12AA shall include any
registration obtained under
section 12A.
18. Limit on deduction in respect of expenditure on agricultural
extension project
The Finance Bill, 2016 had
proposed to limit the deduction
allowed under section 35CCC
from existing 150% to 100%
w.e.f. April 1, 2018 (Assessment
year 2018-19).
The Finance Act, 2016 defers the
applicability of this provision of
reduced deduction of 100% from
April 1, 2018 to April 1, 2021
(Assessment Year 2021-22)

22
DEWAN P.N.
CHOPRA & Co.
Website: www.dpncindia.com
LinkedIn: https://www.linkedin.com/company/dewan-p-n-chopra-&-co-
Email: contact@dpncindia.com
Phone Number: - +91-11-24645891 / 92 / 93
Address: D 295, Defence Colony New Delhi – 110024

Finance Bill Vs Finance Act - Dewan P.N. Chopra & Co.

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