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Finance Bill 2008 Page III
May, 31st 2008

Table

S.No. Name of district Name of State ...

(1) (2) (3)

1. Agra Uttar Pradesh

2. Jalgaon Maharashtra

3. Aurangabad Maharashtra

4. Kancheepuram Tamil Nadu

5. Puri Orissa

6. Bharatpur Rajasthan

7. Chhatarpur Madhya Pradesh

8. Thanjavur Tamil Nadu

9. Bellary Karnataka

10. South 24 Parganas West Bengal (excluding areas falling within the Kolkata urban agglomeration on the basis of the 2001 census)

11. Chamoli Uttarakhand

12. Raisen Madhya Pradesh

13. Gaya Bihar

14. Bhopal Madhya Pradesh

15 Panchmahal Gujarat

16. Kamrup Assam

17. Goalpara Assam

18. Nagaon Assam

19. North Goa Goa

20. South Goa Goa

21. Darjeeling West Bengal

22. Nilgiri Tamil Nadu.''.

17. In section 88E of the Income-tax Act, after sub-section (2), the following sub-section shall be inserted, namely:-

''(3) No deduction under this section shall be allowed in, or after, the assessment year beginning on the 1st day of April, 2009.".

18. In section 111A of the Income-tax Act, in sub-section(1), in clause (i), for the words ''ten per cent.'', the words ''fifteen per cent.'' shall be substituted with effect from the 1st day of April, 2009.

19. In section 115AD of the Income-tax Act, in sub-section(1), in the proviso, for the words ''ten per cent.'', the words ''fifteen per cent.'' shall be substituted with effect from the 1st day of April, 2009.

20. In section 115JB of the Income-tax Act, after sub-section (2),-

(a) the Explanation shall be numbered as Explanation 1 and in Explanation 1 as so numbered, after clause (g), for the portion beginning with the words ''any amount referred '' and ending with the words "as reduced by-", the following shall be substituted and shall be deemed to have been substituted with effect from the 1st day of April, 2001, namely:-

''(h) the amount of deferred tax and the provision therefor, if any amount referred to in clauses (a) to (h) is debited to the profit and loss account, and as reduced by-'';

(b) after Explanation 1 as so numbered, the following shall be inserted and shall be deemed to have been inserted with effect from the 1st day of April, 2001, namely:-

''Explanation 2.- For the purposes of clause (a) of Explanation 1, the amount of income-tax shall include-

(i) any tax on distributed profits under section 115-O or on distributed income under section 115R;

(ii) any interest charged under this Act;

(iii) surcharge, if any, as levied by the Central Acts from time to time;

(iv) Education Cess on income-tax, if any, as levied by the Central Acts from time to time; and

(v) Secondary and Higher Education Cess on income-tax, if any, as levied by the Central Acts from time to time.".

21. In section 115-O of the Income-tax Act, after sub-section (1), the following sub-section shall be inserted, namely:-

''(1A) The amount referred to in sub-section (1) shall be reduced by the amount of dividend, if any, received by  the domestic company during the financial year, if-

(a) such dividend is received from its subsidiary;

(b) the subsidiary has paid tax under this section on such dividend; and

(c) the domestic company is not a subsidiary of any other company:

Provided that the same amount of dividend shall not be taken into account for reduction more than once.

Explanation.-For the purposes of this sub-section, a company shall be a subsidiary of another company, if such other company holds more than half in nominal value of the equity share capital of the company.".

22. In section 115WB of the Income-tax Act,-

(a) in sub-section (1), in the Explanation to clause (d), in clause (i), for the words "and includes employees' stock option", the words "and, where employees' stock option has been granted under any plan or scheme therefor, includes the securities offered under such plan or scheme" shall be substituted;

(b) in sub-section (2), with effect from the 1st day of April, 2009,-

(I) in clause (B), after sub-clause (ii), the following sub-clause shall be inserted, namely:-

''(iii) any expenditure on or payment through non-transferable pre-paid electronic meal card usable only at eating joints or outlets and which fulfils such other conditions as may be prescribed;";

(II) in clause (E), for the Explanation, the following Explanation shall be substituted, namely:-

''Explanation.-For the purposes of this clause, any expenditure incurred or payment made to-

(i) fulfil any statutory obligation; or

(ii) mitigate occupational hazards; or

(iii) provide first aid facilities in the hospital or dispensary run by the employer; or

(iv) provide crche facility for the children of the employee; or

(v) sponsor a Sportsman, being an employee; or

(vi) organise Sports events for employees, shall not be considered as expenditure for employees' welfare;";

(III) clause (K) shall be omitted.

23. In section 115WC of the Income-tax Act, in sub-section (1), with effect from the 1st day of April, 2009,-

(i) in clause (c), for the words, brackets and letters "clauses (A) to (K)", the words, brackets and letters "clauses (A) to (L)" shall be substituted;

(ii) in clause (d), for the words, brackets and letters "clauses (L) to (P)", the words, brackets and letters "clauses (M) to (P)" shall be substituted.

24. In section 115WD of the Income-tax Act, in sub-section (1), in the Explanation, in clause (a), for the figures, letters and words "31st day of October", the figures, letters and words "30th day of September" shall be substituted.

25. In section 115WE of the Income-tax Act, for sub-section (1),  the following sub-sections shall be substituted, namely:-

'(1) Where a return has been made under section 115WD, such return shall be processed in the following manner, namely:-

(a) the value of fringe benefits shall be computed after making the following adjustments, namely:-

(i) any arithmetical error in the return; or

(ii) an incorrect claim, if such incorrect claim is apparent from any information in the return;

(b) the tax and interest, if any, shall be computed on the basis of the value of fringe benefits computed under clause (a);

(c) the sum payable by, or the amount of refund due to, the assessee shall be determined after adjustment of the tax and interest, if any, computed under clause (b) by any advance tax paid, any tax paid on self-assessment and any amount paid otherwise by way of tax or interest;

(d) an intimation shall be prepared or generated and sent to the assessee specifying the sum determined to be payable by, or the amount of refund due to, the assessee under clause (c); and

(e) the amount of refund due to the assessee in pursuance of the determination under clause (c) shall be granted to the assessee:

Provided that no intimation under this sub-section shall be sent after the expiry of one year from the end of the financial year in which the return is made.

Explanation.-For the purposes of this sub-section,-

(a) "an incorrect claim apparent from any information in the return" shall mean a claim, on the basis of an entry, in the return,

(i) of an item, which is inconsistent with another entry of the same or some other item in such return;

(ii) in respect of which the information required to be furnished to substantiate such entry has not been so furnished under this Act; or

(iii) in respect of a deduction or value of fringe benefits, where such deduction or value exceeds specified statutory limit which may have been expressed as monetary amount or percentage or ratio or fraction;

(b) the acknowledgment of the return shall be deemed to be the intimation in a case where no sum is payable by, or refundable to, the assessee under clause (c), and where no adjustment has been made under clause (a).

(1A) For the purposes of processing of returns under sub-section (1), the Board may make a scheme for centralised processing of returns with a view to expeditiously determining the tax payable by,  or the refund due to, the assessee as required under that sub-section.

 

 

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