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Amendment of Section 2 relating to Definitions.

(As per Finance (No. 2) Bill, 2014 and Last Minute Amendment also incorporated)
(As passed by Lok Sabha)
 

It is proposed to amend the said section so as to insert a new clause (13A) to define “business trust” to mean a trust registered as an Infrastructure Investment Trust or a Real Estate Investment Trust, the units of which are required to be listed on a recognised stock exchange, in accordance with the regulations made under the Securities Exchange Board of India Act, 1992 and notified by the Central Government in this behalf.

 

This amendment will take effect from 1st October, 2014.

 

The existing provisions of clause (14) of section 2 defines the term “capital asset”. The term is defined to include property of any kind held by an assessee whether or not connected with his business or profession but does not include any stock-in-trade or personal assets as provided in the definition.

 

It is further proposed to amend the said clause (14) so as to provide that the term “capital asset” shall include any security held by a Foreign Institutional Investor which has invested in such security in accordance with the regulations made under the Securities and Exchange Board of India Act, 1992.

 

This amendment will take effect from 1st April, 2015 and will, accordingly, apply inrelation to the assessment year 2015-16 and subsequent years.

 

It is also proposed to amend section 2 so as to substitute the definitions of clause (15A), clause (16) and clause (21) relating to “Chief Commissioner”, “Commissioner”  and “Director General” or “Director”. It is further proposed to insert clauses (34A), (34B), (34C) and (340) so as to define the terms “Principal Chief Commissioner of Income-tax”, “Principal Commissioner of Income-tax”, “Principal Director General of Income-tax” and “Principal Director of Income-tax” to mean a person appointed to be an income-tax authority under section 117 of the Act.

 

These amendments will take effect retrospectively from 1st. June, 2013.

 

The existing provisions contained in clause (24) of section 2 defines the term “income”. It is proposed to amend the said clause (24) so as to include any sum of money referred to in clause (ix) of sub-section (2) of section 56 in the definition of income.

 

This amendment will take effect from 1st April, 2015 and will, accordingly, apply in relation to the assessment year 2015-16 and subsequent years.

 

The existing provisions contained in clause (42A) of section 2 provide that short-term capital asset means a capital asset held by an assessee for not more than thirty-six months immediately preceding the date of its transfer. However, in the case of a share held in a company or any other security listed in a recognised stock exchange in India or a unit of the Unit Trust of India or a unit of a Mutual Fund or a zero coupon bond, the period of holding for qualifying it as short-term capital asset is twelve months.

 

It is proposed to amend the aforesaid clause so as to provide that in case of a share held in a company which is not listed in a recognised stock exchange, the period of holding for the purpose of its qualification as a short-term capital asset, shall not be more than thirty-six months and for that purpose the words “a share held in a company or any other security listed in a recognised stock exchange in India” shall be substituted with the words “a security (other than a unit) listed in a recognised stock exchange in India”. Further, in the case of a unit corresponding period of holding of twelve months, shall be limited to a unit of an equity oriented fund.


It is further proposed to insert an Explanation to define the expression “equity oriented fund”. This amendment will take effect from 1st April, 2015 and will, accordingly, apply in relation to the assessment year 2015-16 and subsequent years.

 

It is also proposed to provide in clause (42A) of section 2 that in the case of capital asset being units of a business trust, allotted pursuant to transfer of share or shares as referred to in clause (xvii) of section 47, there shall be included the period for which such share or shares were held by the assessee.

 

This amendment will take effect from 1st October, 2014.
 
 
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Amendment of Section-115BBC (Budget 2014-2015) relating to "ANONYMOUS DONATIONS TO BE TAXED IN CERTAIN CASES"
Amendment of Section-115BBD (Budget 2014-2015) relating to "TAX ON CERTAIN DIVIDENDS RECEIVED FROM FOREIGN COMPANIES"
Amendment of Section-115JC (Budget 2014-2015) relating to "THE PROVISIONS FOR PAYMENT OF TAX BY CERTAIN PERSONS OTHER THAN A COMPANY"
Amendment of Section-115JEE (Budget 2014-2015) relating to "APPLICATION OF THE CHAPTER XII-8A TO CERTAIN PERSONS"
Amendment of Section-116 (Budget 2014-2015) relating to "SUBSTITUTION OF NEW INCOME-TAX AUTHORITIES "
Amendment of Section-12A (Budget 2014-2015) relating to " CONDITIONS FOR APPLICABILITY OF SECTIONS-11 AND 12 "
Amendment of Section-12AA (Budget 2014-2015) relating to " PROCEDURE FOR REGISTRATION "
Amendment of Section-133A (Budget 2014-2015) relating to "POWER OF SURVEY"
Amendment of Section-133C (Budget 2014-2015) relating to "POWER TO CALL FOR INFORMATION BY PRESCRIBED INCOME-TAX AUTHORITY"
Amendment of Section-139 (Budget 2014-2015) relating to " RETURN OF INCOME"
Amendment of Section-140 (Budget 2014-2015) relating to " RETURN BY WHOM TO BE SIGNED"
Amendment of Section-142K (Budget 2014-2015) relating to " Estimate By Valuation Officer In Certain Cases"
Amendment of Section-145 (Budget 2014-2015) relating to " METHOD OF ACCOUNTING"
Amendment of Section-153 (Budget 2014-2015) relating to " TIME LIMIT FOR COMPLETION OF ASSESSMENTS AND REASSESSMENTS"
Amendment of Section-153-B (Budget 2014-2015) relating to " TIME LIMIT FOR COMPLETION OF ASSESSMENT UNDER SECTION -153A"
Amendment of Section-153-C (Budget 2014-2015) relating to " ASSESSMENT OF INCOME OF ANY OTHER PERSON"
Amendment of Section-194-DA (Budget 2014-2015) relating to " PAYMENT IN RESPECT OF LIFE INSURANCE POLICY"
Amendment of Section-194-LBA (Budget 2014-2015) relating to "CERTAIN INCOME FROM BUSINESS TRUST"
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Amendment of Section-200 (Budget 2014-2015) relating to "DUTY OF PERSON DEDUCTING TAX"
Amendment of Section-201 (Budget 2014-2015) relating to "CONSEQUENCES OF FAILURE TO DEDUCT OR PAY"
Amendment of Section-206-AA (Budget 2014-2015) relating to "REQUIREMENT TO FURNISH PERMANENT ACCOUNT NUMBER"
Amendment of Section-220 (Budget 2014-2015) relating to "WHEN TAX PAYABLE AND WHEN ASSESEE DEEMED IN DEFAULT"
Amendment of Section-24 (Budget 2014-2015) relating to " DEDUCTIONS FROM INCOME FROM HOUSE PROPERTY"
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Amendment of Section-245-N (Budget 2014-2015) relating to " ADVANCE RULING-DEFINITIONS"
Amendment of Section-245-O (Budget 2014-2015) relating to " AUTHORITY FOR ADVANCE RULINGS "
Amendment of Section-269-T (Budget 2014-2015) relating to " MODE OF REPAYMENT OF CERTAIN LOANS AND DEPOSITS "
Amendment of Section-269-SS (Budget 2014-2015) relating to "MODE OF TAKING OR ACCEPTING CERTAIN LOANS AND DEPOSITS"
Amendment of Section-271-FA (Budget 2014-2015) relating to " PENALTY FOR FAILURE TO FURNISH ANNUAL INFORMATION RETURN "
Amendment of Section-271-FAA (Budget 2014-2015) relating to " PENALTY FOR FURNISHING INACCURATE STATEMENT OF FINANCIAL TRANSACTION OR REPORTABLE ACCOUNT"
Amendment of Section-271-G (Budget 2014-2015) relating to " LEVY OF PENALTY FOR FAILURE TO FURNISH INFORMATION OR DOCUMENT UNDER SECTION-92D OF THE ACT"
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Amendment of Section-285-BA (Budget 2014-2015) relating to "OBLIGATION TO FURNISH ANNUAL INFORMATION RETURN WITH A NEW SECTION"
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Amendment of Section-40 (Budget 2014-2015) relating to "AMOUNTS NOT DEDUCTIBLE"
Amendment of Section-43 (Budget 2014-2015) relating to "DEFINITIONS OF CERTAIN TERMS RELEVANT TO INCOME FROM PROFITS AND GAINS OF BUSINESS OR PROFESSION"
Amendment of Section-44AE (Budget 2014-2015) relating to "SPECIAL PROVISION FOR COMPUTING PROFITS AND GAINS OF BUSINESS OF PLYING, HIRING OR LEASING GOODS CARRIAGES"
Amendment of Section-45 (Budget 2014-2015) relating to " CAPITAL GAINS"
Amendment of Section-47 (Budget 2014-2015) relating to "TRANSACTIONS NOT REGARDED AS TRANSFER"
Amendment of Section-48 (Budget 2014-2015) relating to "MODE OF COMPUTATION"
Amendment of Section-49 (Budget 2014-2015) relating to "COST WITH REFERENCE TO CERTAIN MODES OF ACQUISITION"
Amendment of Section-51 (Budget 2014-2015) relating to "ADVANCE MONEY RECEIVED"
Amendment of Section-54 (Budget 2014-2015) relating to "PROFIT ON SALE OF PROPERTY USED FOR RESIDENCE"
Amendment of Section-54EC (Budget 2014-2015) relating to " CAPITAL GAIN NOT TO BE CHARGED ON INVESTMENT IN CERTAIN BONDS"
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