SANTHOSH

B.Com, DBM, LLB, ACA

Chartered Accountant

santhosh@santhoshnair.com


Indian Budget 2008-2009 Highlights, Useful downloads, Legal resources, Links to professional accounitng bodies around the globe, Links to Government and Regulatory Agencies etc................... Thanks for visiting www.santhoshnair.com

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Contents

- Update on Indian Budget 2008-2009

- Update on International Auditing and Accounting Standards and other matters

- Links to professional bodies in India and around the globe

- Links to regulatory agencies in India

- Links to important sites of Government of India

- Links to Important laws arranged according to category

- Other useful and professionally relevant information

 

DOWNLOADS AND IMPORTANT LINKS

 

 

1.   ICAI, Regional Council of ICAI and Related Links

2.   International Accounting Bodies

3.   Government Ministries, Departments, Regulatory Agencies & Related - India

4.   Direct Tax - India

5.   Indirect Tax - India

6.   Corporate Law - India

7.   Foreign Exchange Law - India

8.   Law Related to Non Governmental Organisations / Not for profit Organisaitons (NGOs / NPOs) - India

9.   Service and Labour Law  - Law related to workers

10. Environment Law - India

11. Chartered Accountancy, Legal and Other Professional Laws

12. Intellectual Property Law - India

13. Consumer Law - India

14. Information Technology Law - India

15. Other relevant Act / information


 

Recent Updates....

 

Indian Budget 2008 - 2009 Highlights

Direct Tax

 

Direct Tax Rates for Individuals

Up to Rs.150,000 NIL

Rs.150,001 to Rs.300,000 10 per cent

Rs.300,001 to Rs.500,000 20 per cent

Rs.500,001 and above 30 per cent

• in the case of a woman assessee, from Rs.145,000 to Rs.180,000;

• in the case of a senior citizen, from Rs.195,000 to Rs.225,000.

No change in the corporate income tax rates.

No change is proposed in the rate of surcharge.

Senior Citizens Savings Scheme 2004 and the Post Office Time Deposit Account to Section 80C of the Income Tax Act.

Additional deduction of Rs.15,000 under Section 80D to an individual who pays medical insurance premium for his/her parent or parents.

Tax income arising from saplings or seedlings grown in a nursery is exempt.

Weighted deduction of 150 per cent on any expenditure on in-house scientific research and business of production of seeds and manufacture of agricultural implements.

Weighted deduction of 125 per cent on any payment made to companies engaged in research and development.

Crèche facilities, sponsorship of an employee-sportsperson, organising sports events for employees, and guest houses will be excluded from the purview of FBT.

Dividend Distribution Tax (DDT) - parent company can to set off the dividend received from its subsidiary company against dividend distributed by the parent company, provided that the dividend received has suffered DDT and the parent company is not a subsidiary of another company.

Five year tax holiday to Hospitals setup anywhere in India, except certain specified urban agglomerations, the hospitals must commence operations between April 1, 2008 to March 31, 2013.

Five year tax holiday from income tax to two, three or four star hotels that are established in specified districts which have UNESCO-declared 'World Heritage Sites'. The hotel should be constructed and start functioning during the period April 1, 2008 to March 31, 2013.

Coir Board will be included in Section 10(29A) and exempt from income tax.

Short term capital gains under Section 111A charged at 15%.

STT paid will be treated like any other deductible expenditure against business income. (At present, Securities Transaction Tax (STT) paid is allowed as a rebate against tax liability). There will be no change in the present rates.

New Commodities Transaction Tax (CTT) on the same lines as STT on options and futures.

Entities carrying on regular trade, commerce or business or providing services in relation to any trade, commerce or business and earning incomes excluded from the definition of "Charitable Services".

Banking Cash Transaction Tax (BCTT) – withdraw with effect from April 1, 2009.

I
ndirect Taxes

Customs Duties

 

No change in the peak rate of customs duty.

Reduce the customs duty on Project Imports from 7.5 per cent to 5 per cent. 4 per cent special CVD on a few specified projects in the power sector.

Reduced the duty on steel melting scrap and aluminium scrap from 5 per cent to nil.

On certain specified life saving drugs and on the bulk drugs used for the manufacture of such drugs, reduced the customs duty from 10 per cent to 5 per cent as well as to totally exempt them from excise duty or countervailing duty.

In order to reduce the cost of manufacture of cattle and poultry feeds, I propose to reduce the duty on vitamin premixes and mineral mixtures from 30 per cent to 20 per cent and on phosphoric acid from 7.5 per cent to 5 per cent.

The duty on bactofuges will be reduced from 7.5 per cent to nil. This will increase the shelf life of milk and benefit the dairy industry.

Fully exempt from duty specified parts of set top boxes and specified raw materials for use in the IT/electronic hardware industry.

Reduce the duty on specified machinery manufacturing sports goods from 7.5 per cent to 5 per cent. Exempt from duty specified raw materials for sports goods.

Gem and jewellery industry - Exempt from duty rough cubic zirconia and to reduce the duty on polished cubic zirconia from 10 per cent to 5 per cent. Similarly, the duty on rough coral will be reduced from 10 per cent to 5 per cent.

No duty on helicopter simulators.

Reduced the customs duty on crude and unrefined sulphur from 5 per cent to 2 per cent.

Withdraw the duty exemption on naphtha for use in the manufacture of polymers and subject it to the normal rate of 5 per cent. However, naphtha imported for the production of fertilisers will continue to be exempt from import duty.

Excise Duties

 

Reduce the general CENVAT rate on all goods from 16 per cent to 14 per cent.

• reduce the excise duty on all goods produced in the pharmaceutical sector from 16 per cent to 8 per cent;

• reduce the excise duty on buses and their chassis from 16 per cent to 12 per cent;

• reduce the excise duty on small cars from 16 per cent to 12 per cent and on hybrid cars from 24 per cent to the general revised rate of 14 per cent;

• reduce the excise duty on two wheelers and three wheelers from 16 per cent to 12 per cent; and

• reduce the excise duty on paper, paper board and articles made there from manufactured out of non-conventional raw materials by units not having an attached bamboo/wood pulp making plant from 12 per cent to 8 per cent with a further reduction on clearances up to 3,500 MT from 8 per cent to nil. Furthermore, excise duty on certain varieties of writing, printing and packing paper will be reduced from 12 per cent to 8 per cent.

Reduce the excise duty from 16 per cent to nil on a few items including composting machines, wireless data cards, packaged coconut water, tea and coffee mixes, and puffed rice.

Reduce the excise duty from 16 per cent to 8 per cent on a few items including water purification devices, veneers and flush doors, sterile dressing pads, specified packaging material, and breakfast cereals.

Totally exempt from excise duty the anti AIDS drug, Atazanavir, as well as bulk drugs for its manufacture.

Exempt from excise duty, on end-use basis, refrigeration equipment (consisting of compressor, condenser units, evaporator etc) above 2 TR (tonne refrigeration) utilising power of 50 KW and above.

Bulk cement will now attract excise duty of Rs.400 per Metric Tonne or 14 per cent ad valorem, whichever is higher. Cement clinkers will be liable to excise duty of Rs.450 per Metric Tonne.

Increase the excise duty on packaged software from 8 per cent to 12 per cent to bring it on par with customised software which will attract a service tax of 12 per cent.

Tax both filter and non-filter cigarettes on par by applying higher rates.

Specific duty of Rs.14.35 per litre on unbranded petrol and Rs.4.60 per litre on unbranded diesel. There will be no impact on retail prices.

Excise duty of 1 per cent on cellular mobile phones.

Service Tax

Propose to bring under the service tax net four services. They are:-

(i) asset management service provided under ULIP, to bring it on par with asset management service provided under mutual funds;

(ii) services provided by stock/commodity exchanges and clearing houses;

(iii) right to use goods, in cases where VAT is not payable; and

(iv) customised software, to bring it on par with packaged software and other IT services

money changers, persons running games of chance, and tour operators using contract carriage vehicles are liable for service tax (only for clarification).

Threshold limit of exemption for small service providers will be increased from Rs.8 lakhs per year to Rs.10 lakh per year.

 

For more information on India Budget, Please visit : Union Budget (India) 2008 – 2009, Economic Survey 2007 – 2008   

 

Accounting/Auditing - International

 

Accounting/Auditing - India

 

Legal Updates - India

The Taxation Laws (Amendment) Act, 2007 -  An Act further to amend the Central Sales Tax Act, 1956 and the Additional Duties of Excise (Goods of Special Importance) Act, 1957    - read more

 

The Petroleum and Natural Gas Regulatory Board Act, 2006 - An Act to provide for the establishment of Petroleum and Natural Gas Regulatory Board to regulate the refining, processing, storage, transportation, distribution, marketing and sale of petroleum, petroleum products and natural gas excluding production of crude oil and natural gas so as to protect the interests of consumers entities engaged in specified activities relating to petroleum - read more  

 

The Food Safety and Standards Act, 2006 - An Act to consolidate the laws relating to food and  to establish the Food Safety and Standards Authority of India - read more

 

The National Commission For Minority Educational Institutions (Amendment) Act, 2006 Right to establish a Minority Educational Institution.Any who desires to establish a Minority Educational Institution may apply to the Competent authority certificate for the said purpose - read more

 

The Scheduled Tribes And Other Traditional Forest Dwellers (Recognition Of Forest Rights) Act, 2006 - An Act to recognise and vest the forest rights and occupation in forest land in forest dwelling Scheduled Tribes and other traditional forest dwellers - read more

 

The Prohibition Of Child Marriage Act, 2006 - An  Act to provide for the prohibition of solemnisation of child marriages and for matters connected therewith - read more

 

The National Rural Employment Guarantee Act, 2005 - An Act to provide for the enhancement of livelihood security of the households in rural areas of the country by providing at least one hundred days of guaranteed wage employment in every financial year - read more


 

 

All links given are from Ministries and Departments of Government of India, Regulatory Agencies and other professionally relevant and permitted sources. Courtesy to all departments, agencies and providers of respective links. Visitors are requested to verify the updating of relevant Act / information before using it for professional purposes. Please send your comments and suggestions to – admin@santhoshnair.com

 

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