28 July 2009

Amendments to Finance (No.2) Bill,2009

Tax Management India .Com

Amendments to Finance (No.2) Bill, 2009

List No. 3

LOK SABHA

FINANCE (No. 2), BILL, 2009

(As Introduced in Lok Sabha)

Notice of Amendments

Sl. No.
Name of Member and text of Amendment
Clause No
SHRI PRANAB MUKHERJEE
11.

Page 4, for lines 61 and 62 substitute -

'(d) in clause (24), -

(i) in sub-clause (iia), after the word and figures 'section 10", the words "or by an electoral trust" shall be inserted with effect from the 1st day of April, 2020;

(ii) after sub-clause (xiv), the following sub-clause shall be inserted with effect from the 1st day of October, 2009, namely : -

"(xv) any sum of money or value of property referred to in clause (vii) of sub-section 2 of section 56;";.

3
12.

Page 5, for lines 51 and 52 substitute, -

Amendment of section 17. '9. In section 17 of the Income-tax Act, in clause (2), with effect from the 1st day of April, 2010,-

(a) in sub-clause (v), for the words "annuity; and", the word "annuity;" shall be substituted,

(b) for sub-clause (vi), the following sub-clauses shall be substituted, namely : -

9
13. Page 6, in line 19, for "one lakh rupees;", substitute "one lakh rupees; and" 9
14.

Page 6, after line 39 insert, -

"Provided that the expenditure incurred, wholly and exclusively, for the purposes of any specified business, shall be allowed as deduction during the previous year in which he commences operations of his specified business, if -

(a) the expenditure in incurred prior to the commencement of its operation; and

(b) the amount is capitalised in the books of account of the assessee on the date of commencement of its operations,".

13
15.

Page 10, for lines 5 to 10, substitute -

Amendment of section 49. - '23. In section 49 of the Income-tax Act, -

(a) for sub-section (2AA), the following sub-Section shall be substituted with effect from the 1st day of April, 2010, namely : -

"(2AA) Where the capital gain arises from the transfer of specified security or sweat equity shares referred to in sub-clause (vi) of clause (2) of section 17, the cost of acquisition of such security or shares shall be the fair market value which has been taken into account for the purposes of the said sub-clause.;"

(b) after sub-section (3), the following sub-section shall be inserted with effect from the 1st day of October, 2009, namely : -

"(4) Where the capital gain arises from the transfer of a property, the value of which has been subject to income tax under clause (vii) of sub-section (2) of section 56, the cost of acquisition of such property shall be deemed to be the value which has been taken into account for the purposes of the said clause (vii)."'.

23
16.

Page 10, for lines 11 and 12, substitute -

Amendment of section 50B - "24. In section 50B of the Income-tax Act, in Explanation 2 with effect from the 1st day of April, 2010,-

(i) in clause (a), the words "and" occurring at the end shall be omitted;

(ii) for clause (b), the following clauses shall be substituted, namely : -".

24
17. Page 10, in line 51, for "that section", substitute "those section". 26
18.

Page 11, for line 30, substitute -

"referred to in clause (b) of section 145A.".

26
19.

Page 12, for lines 37 to 40, substitute -

'(a) in sub-section (I)

(i) in the opening portion, after the words, figures and letters "Where an assessee, being an individual employed by the Central Government or any other employer on or after the 1st day of January, 2004,", the words "or any other assessee, being an individual" shall be inserted;

(ii) for the words "as does not exceed ten per cent. of his salary in the previous year", the following words shall be substituted, namely : -

"as does not exceed, -

(a) in the case of an employee, ten per cent, of his salary in the previous year; and

(b) in any other case, ten per cent, of this gross total income in the previous year:,;

 

30"
20.

Page 12, for lines 48 and 49, substitute-

Amendment of section 80E. 32. In section 80E of the Income tax Act, in sub-section (3), with effect from the 1st day of April, 2010,-

(i) for clause (C), the following cause shall be substituted, namely:-

32
21.

Page 12, after line 53, insert-

(ii) for clause (e) the following clause shall be substituted namely:-

(e) "relative", in relation to an individual, means the spouse and children of the individual or the student for whom the individual is the legal guardian.'

32
22.
Page 13, in line 8, for "in sub-section (i)" substitute" in sub-section (2)".
36
23.

Page 13, for line 12, substitute-

'(c) in sub-section (4) -

(A) in clause (iii), in the second proviso, for the words, figures and letters "the 31st day of March, 2009" the words, figures and letterers "the 31st day of March, 2011" shall be substituted'.

36
24.
Page 13, line 13, for "(A)" substitute "(B)"
36
25.
Page 13, line line 15, for "(B)" substitute "(C)"
36
26.
age 13, line 18, for "(C)" substitute "(D)"
36
27
Page 13, line 46, for "following clause, " substitute " following clauses"
37
28.

Page 13, after line, 52, insert-

"(V) is engaged in commercial production of natural gas in blocks licensed under the IV Round of bidding for award of exploration contracts for Coal Bed Methane blocks and begins commercial production of natural gas on or after the 1st day of April, 2009,

37
29

Page 13, for lines 53 to 55, substitute -

'(c) in sub-section (10),-

(i) in the opening portion, for the figures, letters and words "31st day of March, 2007" the figures, letters and words "31st day of March, 2008" shall be substituted;

(ii) in clause (c), for the words "any other place; and", the words "any other place;" shall be substituted with effect from the 1st day of April, 2010;

(iii) after clause (d), the following clauses shall be inserted with effect from the 1st day of April, 2010, namely:-'

37
30.

Page 13, for line 60, substitute -

"(i) the individual or the spouse or the minor children of such individual,".

37
31.
Page 13, in line 64, for "(ii)", substitute "(iv)".
37
32.

Page 13, after line 68, insert -

'(d) in sub-section (11A), with effect from the 1st day of April, 2010,-

(i) after the words "vegetables or", the following words shall be inserted, namely:-

"meat and meat products or poultry or marine or dairy products or";

(ii) the following proviso shall be inserted, namely:-

"Provided that the provisions of this section shall not apply to an undertaking engaged in the business of processing, preservation and packaging of meat or meat products or poultry or marine or dairy products if it begins to operate such business before the 1st day of April, 2009.".'.

37
33.

Page 13, after line 68, insert-

Amendment of section 80-U. 37A. In section 80 U of the Income-tax Act, in subsection (l), after the proviso, the following proviso shall be inserted with effect from the 1st day of April, 2010, namely:-

"Provided further that for the assessment years beginning on or after the 1st day of April, 2010, the provisions of the first proviso shall have effect as if for the words "seventy-five thousand rupees", the words "one lakh rupees: had been substituted.".'.

New clause 37 A
34.

Page 15, for lines 4 to 9, substitute -

'(i) the amount of income-tax calculated at the rate of thirty per cent on the aggregate of anonymous donation received in excess of the higher of the following, namely:-

(A) five per cent of the total donations received by the assessee, or

(B) one lakh rupees; and";

(b) for clause (ii) the following clause shall be substituted, namely:-

"(ii) the amount of income-tax with which the assessee would have been chargeable had his total income been reduced by the aggregate of anonymous donations received.".'.

42
35.

Page 22, for line 37 to 40, substitute-

Amendment of section 246A. "71. In section (I), with effect from the 1st day of October, 2009,-

(i) in clause (a), for the words brackets and figures "under sub-section (3) of section 143", the words, brackets and figures "under sub. section (3) of section 143 except an order passed in pursuance of directions of the Dispute Resolution Panel" shall be substituted.

(ii) in clause (b) after the words and figures "under section 147", the words "except an order passed in pursuance of directions of the Dispute Resolution Panel" shall be inserted.".

71
36.

Page 22, for line 41 substitute-

Amendment of section 253. '72. In section 253 of the income-tax Act, in sub-section (I) with effect from the 1st day of October, 2009,-

(a) in clause (c) for the words, figures and letter "Director under section 272A.", the words, figures and letter "Director under section 272A; or" shall be substituted;

(b) after clause (c), the following clause shall be inserted, namely.-'

72
37.
Page 23, omit line 1.
72
38.

Page 23, for line 2, substitute -

"(d) an order passed by an Assessing Officer under sub-section (3) of section 143 or section 147 in pursuance".

72
39.

Page 24, for lines 17 and 18, substitute-

Power to withdraw approval. "293C. Where the Central Government or the Board or an income-tax authority, who has been conferred upon the power under any provision of this Act to grant any approval to any assessee, the Central Government or the Board or such authority may; notwithstanding,"

78
40.
Page 24, line 21, for "income-tax authority", substitute "Central Government or Board or income-tax authority.".
78

P.D.T. ACHARY
Secretary-General

Dated : July 24, 2009Srawana 2, 1931 (Saka)

List No 4

LOK SABHA
FINANCE (NO.2) BILL, 2009
(As introduced in Lok Sabha)
Notice of Motion under Rule 388

SHRI PRANAB MUKHERJEE:

Sl. No
Name of Member and Text of Motion
Clause No  
41. "That this House do suspend clause (i) of rule 80 of Rules of Procedure and conduct of Business in Lok Sabha in so far as it requires that an amendment shall be within the scope of the Bill and relevant to the subject matter of the clause to which it relates, in its application to the Government amendment No. 33 to the Finance (No.2) Bill, 2009 and that this amendment may be allowed to be moved." 37A (New)

Vide Amendment list No. 3 circulated on 24.7.2009.

New Delhi;
Dated : July 24, 2009

P D T Achary,
Secretary-General.

Amendments to Finance (No.2) Bill, 2009

List No. 3

LOK SABHA

FINANCE (No. 2), BILL, 2009

(As Introduced in Lok Sabha)

Notice of Amendments

Sl. No.
Name of Member and text of Amendment
Clause No
SHRI PRANAB MUKHERJEE
11.
Page 4, for lines 61 and 62 substitute -
'(d) in clause (24), -
(i) in sub-clause (iia), after the word and figures 'section 10", the words "or by an electoral trust" shall be inserted with effect from the 1st day of April, 2020;
(ii) after sub-clause (xiv), the following sub-clause shall be inserted with effect from the 1st day of October, 2009, namely : -
"(xv) any sum of money or value of property referred to in clause (vii) of sub-section 2 of section 56;";.
3
12.
Page 5, for lines 51 and 52 substitute, -
Amendment of section 17. '9. In section 17 of the Income-tax Act, in clause (2), with effect from the 1st day of April, 2010,-
(a) in sub-clause (v), for the words "annuity; and", the word "annuity;" shall be substituted,
(b) for sub-clause (vi), the following sub-clauses shall be substituted, namely : -
9
13. Page 6, in line 19, for "one lakh rupees;", substitute "one lakh rupees; and" 9
14.
Page 6, after line 39 insert, -
"Provided that the expenditure incurred, wholly and exclusively, for the purposes of any specified business, shall be allowed as deduction during the previous year in which he commences operations of his specified business, if -
(a) the expenditure in incurred prior to the commencement of its operation; and
(b) the amount is capitalised in the books of account of the assessee on the date of commencement of its operations,".
13
15.
Page 10, for lines 5 to 10, substitute -
Amendment of section 49. - '23. In section 49 of the Income-tax Act, -
(a) for sub-section (2AA), the following sub-Section shall be substituted with effect from the 1st day of April, 2010, namely : -
"(2AA) Where the capital gain arises from the transfer of specified security or sweat equity shares referred to in sub-clause (vi) of clause (2) of section 17, the cost of acquisition of such security or shares shall be the fair market value which has been taken into account for the purposes of the said sub-clause.;"
(b) after sub-section (3), the following sub-section shall be inserted with effect from the 1st day of October, 2009, namely : -
"(4) Where the capital gain arises from the transfer of a property, the value of which has been subject to income tax under clause (vii) of sub-section (2) of section 56, the cost of acquisition of such property shall be deemed to be the value which has been taken into account for the purposes of the said clause (vii)."'.
23
16.
Page 10, for lines 11 and 12, substitute -
Amendment of section 50B - "24. In section 50B of the Income-tax Act, in Explanation 2 with effect from the 1st day of April, 2010,-
(i) in clause (a), the words "and" occurring at the end shall be omitted;
(ii) for clause (b), the following clauses shall be substituted, namely : -".
24
17. Page 10, in line 51, for "that section", substitute "those section". 26
18.
Page 11, for line 30, substitute -
"referred to in clause (b) of section 145A.".
26
19.
Page 12, for lines 37 to 40, substitute -
'(a) in sub-section (I)
(i) in the opening portion, after the words, figures and letters "Where an assessee, being an individual employed by the Central Government or any other employer on or after the 1st day of January, 2004,", the words "or any other assessee, being an individual" shall be inserted;
(ii) for the words "as does not exceed ten per cent. of his salary in the previous year", the following words shall be substituted, namely : -
"as does not exceed, -
(a) in the case of an employee, ten per cent, of his salary in the previous year; and
(b) in any other case, ten per cent, of this gross total income in the previous year:,;
 
30"
20.
Page 12, for lines 48 and 49, substitute-
Amendment of section 80E. 32. In section 80E of the Income tax Act, in sub-section (3), with effect from the 1st day of April, 2010,-
(i) for clause (C), the following cause shall be substituted, namely:-
32
21.
Page 12, after line 53, insert-
(ii) for clause (e) the following clause shall be substituted namely:-
(e) "relative", in relation to an individual, means the spouse and children of the individual or the student for whom the individual is the legal guardian.'
32
22.
Page 13, in line 8, for "in sub-section (i)" substitute" in sub-section (2)".
36
23.
Page 13, for line 12, substitute-
'(c) in sub-section (4) -
(A) in clause (iii), in the second proviso, for the words, figures and letters "the 31st day of March, 2009" the words, figures and letterers "the 31st day of March, 2011" shall be substituted'.
36
24.
Page 13, line 13, for "(A)" substitute "(B)"
36
25.
Page 13, line line 15, for "(B)" substitute "(C)"
36
26.
age 13, line 18, for "(C)" substitute "(D)"
36
27
Page 13, line 46, for "following clause, " substitute " following clauses"
37
28.
Page 13, after line, 52, insert-
"(V) is engaged in commercial production of natural gas in blocks licensed under the IV Round of bidding for award of exploration contracts for Coal Bed Methane blocks and begins commercial production of natural gas on or after the 1st day of April, 2009,
37
29
Page 13, for lines 53 to 55, substitute -
'(c) in sub-section (10),-
(i) in the opening portion, for the figures, letters and words "31st day of March, 2007" the figures, letters and words "31st day of March, 2008" shall be substituted;
(ii) in clause (c), for the words "any other place; and", the words "any other place;" shall be substituted with effect from the 1st day of April, 2010;
(iii) after clause (d), the following clauses shall be inserted with effect from the 1st day of April, 2010, namely:-'
37
30.
Page 13, for line 60, substitute -
"(i) the individual or the spouse or the minor children of such individual,".
37
31.
Page 13, in line 64, for "(ii)", substitute "(iv)".
37
32.
Page 13, after line 68, insert -
'(d) in sub-section (11A), with effect from the 1st day of April, 2010,-
(i) after the words "vegetables or", the following words shall be inserted, namely:-
"meat and meat products or poultry or marine or dairy products or";
(ii) the following proviso shall be inserted, namely:-
"Provided that the provisions of this section shall not apply to an undertaking engaged in the business of processing, preservation and packaging of meat or meat products or poultry or marine or dairy products if it begins to operate such business before the 1st day of April, 2009.".'.
37
33.
Page 13, after line 68, insert-
Amendment of section 80-U. 37A. In section 80 U of the Income-tax Act, in subsection (l), after the proviso, the following proviso shall be inserted with effect from the 1st day of April, 2010, namely:-
"Provided further that for the assessment years beginning on or after the 1st day of April, 2010, the provisions of the first proviso shall have effect as if for the words "seventy-five thousand rupees", the words "one lakh rupees: had been substituted.".'.
New clause 37 A
34.
Page 15, for lines 4 to 9, substitute -
'(i) the amount of income-tax calculated at the rate of thirty per cent on the aggregate of anonymous donation received in excess of the higher of the following, namely:-
(A) five per cent of the total donations received by the assessee, or
(B) one lakh rupees; and";
(b) for clause (ii) the following clause shall be substituted, namely:-
"(ii) the amount of income-tax with which the assessee would have been chargeable had his total income been reduced by the aggregate of anonymous donations received.".'.
42
35.
Page 22, for line 37 to 40, substitute-
Amendment of section 246A. "71. In section (I), with effect from the 1st day of October, 2009,-
(i) in clause (a), for the words brackets and figures "under sub-section (3) of section 143", the words, brackets and figures "under sub. section (3) of section 143 except an order passed in pursuance of directions of the Dispute Resolution Panel" shall be substituted.
(ii) in clause (b) after the words and figures "under section 147", the words "except an order passed in pursuance of directions of the Dispute Resolution Panel" shall be inserted.".
71
36.
Page 22, for line 41 substitute-
Amendment of section 253. '72. In section 253 of the income-tax Act, in sub-section (I) with effect from the 1st day of October, 2009,-
(a) in clause (c) for the words, figures and letter "Director under section 272A.", the words, figures and letter "Director under section 272A; or" shall be substituted;
(b) after clause (c), the following clause shall be inserted, namely.-'
72
37.
Page 23, omit line 1.
72
38.
Page 23, for line 2, substitute -
"(d) an order passed by an Assessing Officer under sub-section (3) of section 143 or section 147 in pursuance".
72
39.
Page 24, for lines 17 and 18, substitute-
Power to withdraw approval. "293C. Where the Central Government or the Board or an income-tax authority, who has been conferred upon the power under any provision of this Act to grant any approval to any assessee, the Central Government or the Board or such authority may; notwithstanding,"
78
40.
Page 24, line 21, for "income-tax authority", substitute "Central Government or Board or income-tax authority.".
78

P.D.T. ACHARY
Secretary-General

Dated : July 24, 2009Srawana 2, 1931 (Saka)

List No 4

LOK SABHA
FINANCE (NO.2) BILL, 2009
(As introduced in Lok Sabha)
Notice of Motion under Rule 388

SHRI PRANAB MUKHERJEE:

Sl. No
Name of Member and Text of Motion
Clause No  
41. "That this House do suspend clause (i) of rule 80 of Rules of Procedure and conduct of Business in Lok Sabha in so far as it requires that an amendment shall be within the scope of the Bill and relevant to the subject matter of the clause to which it relates, in its application to the Government amendment No. 33 to the Finance (No.2) Bill, 2009 and that this amendment may be allowed to be moved." 37A (New)
Vide Amendment list No. 3 circulated on 24.7.2009.
New Delhi;
Dated : July 24, 2009

P D T Achary,
Secretary-General.

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