Is India Growing?

Is India Growing?

Is India Growing?

The Union Health Ministry is preparing to alter the Cigarettes and Other Tobacco Products Act, a significant step that will require OTT (over-the-top) platforms or streaming services to display health warnings during smoking scenes in motion pictures and Web series (COTPA).

The COTPA rules are set to change in the upcoming months, according to officials. A top official in the health ministry stated, “After multiple inter-ministerial discussions with the Information & Media ministry on this, it has been decided that the adjustments will be made in COTPA.” We at Consumer Voice have also been actively campaigning and working towards amendment in COTPA rules since a long time.

In another win for the consumer, Food regulator FSSAI’s CEO G Kamala Vardhana Rao, has urged states to step up monitoring and random food sampling in order to reduce food adulteration. Rao emphasised the necessity of taking the proper action in circumstances where food samples are discovered to be non-conforming..

Food Safety and Standards Authority of India (FSSAI) Chief Executive Officer (CEO) “encouraged states/UTs to increase the frequent surveillance, monitoring, inspections, and random sampling of food products and their compliance with the laid down requirements.” Additionally, states and UTs are required to use Food Safety on Wheel (FSW), which is available to them, to analyse 10 samples of milk every day.

By using clean technologies, India, the fifth-largest economy in the world, may become energy independent by 2047, according to a study by a renowned American research institute. It emphasised the Atmanirbhar Bharat initiative of Prime Minister Narendra Modi, which ranges from a significant increase in renewable capacity to electric mobility, saving billions of dollars in imports. In a report titled “Pathways to Atmanirbhar Bharat,” the India Energy and Climate Centre (IECC) at the University of California, Berkeley’s Goldman School of Public Policy and Lawrence Berkeley National Laboratory, a US federally funded research and development facility, highlight the steps India has taken to adopt clean energy.

I hope you have loved reading the editorial and will continue to support us in bringing the best, interesting and informative articles for your perusal. In the meantime, keep reading the articles we have brought you this month. We discuss Reverse Mortgage Loan, benefits of Buttermilk and many more. Do share your thoughts at info@consumer-voice.org.

Until then, happy reading!

Pallabi Boruah

Editor

 

An efficient and easy to use screening kit for cervical cancer: A need of the hour

An efficient and easy to use screening kit for cervical cancer: A need of the hour

An efficient and easy to use screening kit for cervical cancer: A need of the hour

Cervical cancer is cancer of the cells in the cervix. It occurs when cervix cells start to transform into precancerous cells. It is the fourth most frequent female malignancy, which accounted for more than 600,000 new cases and 342 thousand deaths globally in 2020 (GLOBOCAN), making it one of the top global health issues. Almost 90% of these deaths took place in low- and middle-income nations, where screening and treatment are often limited or inaccessible. In Indian women, it is the third most common cancer and more than 450 million women aged 15 years and above are at risk of developing this cancer.

Dr. Savita Yadav, Professor

Department of Biophysics,

All India Institute of Medical Sciences

New Delhi-110029

The majority of cervical cancer cases are associated with high-risk human papillomavirus (HPV) infections. HPV is an extremely common virus, which is usually transmitted through sexual contact. Among the high-risk strains, HPV types 16 and 18 are the most common. The risk factors of cervical cancer are thus predominantly associated with acquiring HPV infection, impaired immune response to HPV infection, or both. The risk of HPV infection increases by an early age of sex debut, multiple sex partners, giving many births, using oral contraceptives for more than five years, immunosuppression, and smoking. Thankfully, there is a vaccine that can offer defence against some of the most harmful HPV strains. Depending on the recipient’s age, the HPV vaccine is commonly administered in two or three doses. It is advised for adolescents between the ages of 11 and 12 since the HPV vaccine is most effective when administered to people before they become sexually active. However, the vaccine can still be effective for those who have already become sexually active, as long as they have not been exposed to the strains of HPV.

Cancer treatment plans are highly focused and precisely aided by multiple diagnostic tests, such as CT scans, ultrasound, MRI, and biopsy along with physical examination used for detection and monitoring of the disease. Because of the high prevalence rate, women between the ages of 25 and 65 are frequently screened for cervical cancer through cytological screening-Pap smear test.  In this test, cells from a woman’s cervix are collected and examined for any anomalies or early cancer indications. In case of abnormal Pap results, further testing is required, which can involve an HPV test, a specialised test that detects HPV infection in the cells of cervix. If a doctor suspects cancer, he might additionally check cervix and requests a tissue biopsy for confirmation.

Cervical cancer is curable if detected in the early stages and treated promptly. Depending on the stage of the malignancy, the survival rate varies widely. If diagnosed in early stages (I or II), the 5-year survival is substantially higher (50-90%), which drops to only 15–35% if diagnosed in an advanced stage (III and IV). Education and access to preventative measures are key to reducing the incidence and mortality rates of cervical cancer worldwide. Fortunately, it is highly preventable with proper screening and vaccination. Regular Pap smear and HPV tests can detect abnormal cells before they turn into cancer, and the vaccine can protect against some of the most dangerous strains of the HPV. However, these current screening methods have some limitations. These tests are expensive and necessitate sophisticated infrastructure and qualified personnel. Also, a conservative outlook of our society towards sexual health denies millions of women basic reproductive health rights. This increases incidence of cervical cancer by preventing its early detection via the conventional screening procedures due to mental barrier of patients regarding their privacy. Other factors like low awareness and lack of skilled personnel also impede the full implementation of these screening tests.

Our research team at the All Institute of Medical Sciences, New Delhi is working in this direction with the ultimate goal of providing the rural, underprivileged and remote population of India with an easy-to-use commercially available screening kit, which will empower them in the fight against cervical cancer. In order to identify cervical cancer biomarkers that can be utilized to develop a screening method/ kit for early diagnosis of cervical cancer, we are investigating alterations in saliva proteins using high throughput mass spectrometric techniques. Once deemed merely a digestive juice, saliva is now being considered a biological fluid capable of communicating an individual’s current health status and we have preferably chosen saliva over blood because its collection is skill-undemanding, non-invasive, and painless. Moreover, saliva samples are safer to handle, easier to collect, ship and store.

Conclusively, despite the fact that significant advances are being made in the field, we require improved diagnosis and prevention strategies to reduce the burden of cervical cancer. The incidence rate can be significantly reduced by a screening or detection method that removes constraints imposed by infrastructure, qualified staff, and hesitation. Moreover, awareness campaigns emphasizing the need of routine cervical cancer screening and HPV vaccination are crucial.

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Single Premium Insurance Plan

Single Premium Insurance Plan

Single Premium Insurance Plan

Nowadays people are getting more attracted towards seasonal employment or business instead of regular salary job. In such a situation, they do not know whether they will have the capital to pay regular premiums or not. That’s why the trend of single premium insurance policy has increased a lot. In single premium insurance policy, you do not have to pay premium from time to time. You get rid of the hassle by paying the amount once, so at first sight this policy looks better.

                                                                                                                              Subas Tiwari

A single premium insurance plan is one in which the policy premium is paid only once during the term period of the plan. These plans provide a life cover on payment of a onetime lump sum premium amount.

 How do single premium term insurance plans work?

 As the name indicates, single premium plans are policies that need you to pay the premium just once and never again during the remaining term of the policy and continue to enjoy the cover for the full term of the insurance policy. Obviously, in the case of single premium policies, the premium that you pay upfront will be a larger amount.

Are they good?

  • The policyholder thinks that he will pay the premium just once in his life and it’s all done. The thought does have some merit because paying premiums regularly each year calls for discipline. If you miss it, then your policy might lapse.
  • For regular payment of premium, you need to have the money in the bank account to keep the policy alive. So paying the premium just once is easy.
  • Many investors buy regular premium-payment policies during the tax-saving season (January to March each year) as a tax saving instrument rather than for protection, which is not what insurance is meant to be.
  • For people with fluctuating income, this is possibly one of the best instruments available today. Single premium is simply a mode of payment and comes handy for those with shorter career spans.
  • People who have made some windfall gains or are sitting on huge investible surplus prefer single premium plans.
  • These plans are suitable for those who do not wish to make recurring payments or fear lapse of the policy.
  • If you have a sizable amount such as bonus, proceeds from sale of property, etc. and want to invest one time for life cover for a particular term, then this plan would suit you.

What else do they give?

  • These are tax savings instruments as the premium paid is allowed as Section 80C deductions. You are entitled for a tax free maturity/death benefit under Section 10 (10D) only if the minimum sum assured throughout the policy term remains 10 times the single premium paid.
  • The tax benefit under Section 80 C is available only if the annual premium is at least 10% of the sum assured.
  • But to avail tax benefits every year, you may have to buy such policies every year, which is not always practicable.
  • Bonus is paid on the declared rate every year, thereby enabling the paid-up value to grow.
  • Loan is available against this type of policy either from the Insurance Company itself or by assigning the Policy in favour of the lending institution as security for the loan.

What then are its limitations/drawbacks?

  • Many investors feel the pinch when they are told of a host of charges which are loaded on the single-premium policy. So in a way, it acts as a dampener for further investments.
  • There are justified objections that such loading of charges offset any growth achieved on the policy and thus erode the paid-up value of the policy, generating genuine concerns of the investors.
  • When comparisons are made between them and returns are compared, the case that regular investment options are preferable because they provide more opportunities for greater returns rather than choosing the single premium kind of insurance is strengthened.
  • Under Section 80 (C) of the Income Tax Act, to be eligible for IT deductions, you would have to have a policy with a life cover 10 times higher than the annual premium. Thus, you may be required to either change the yearly premium significantly to get that life cover or opt for an altogether a new policy. This is cumbersome to a few, though not difficult to fulfill. For example, if you want to save Rs. 30,000 with your policy, you would have to buy a minimum life cover of Rs 3, 00,000/-.

With the above mentioned criteria, you may also have to choose a policy with a longer tenure, irrespective of whether you require it or not.

 What is in store for the future?

IRDA is bringing out new guidelines to be framed for appointment of Insurance Agents and capping on payment of commissions to insurance agents & reducing the rates of commissions during the first year of the policy & for its renewals from the second year onwards.

The salient features are-

  • Insurance Agents will be appointed on a fixed salary structure thereby ensuring and assuring them on fixed monthly income;
  • Everyone in the insurance business knows that insurance agents’ commission on the first year’s premium is much higher (sometimes @ 25% & above) and tapers down for each year renewal; now the revised policy will bring them further down not to exceed to an aggregate of 10 per cent of all first year premiums and four per cent of all renewal premiums on policies with deferred annuities. It further suggested that the insurer should be capped at not more than five per cent of premiums received during the year on single-premium annuity products and 1/20th of one per cent of the average of the total sums assured by policies excluding single-premium policies.
  • IRDA guidelines further speak of cancelling payment on any upfront commissions by insurance companies to distributors like banks. IRDA also suggested cancelling the system of advance payments to insurance intermediaries. Insurance companies, which are selling their products through bank branches, will then need to come up with a different model.
  • The proposed IRDA guidelines, if adopted into law, will enable the common man to hope to get premiums at a low cost since insurance companies would not be spending a huge sum of money on commissions.

As an investor, it is your responsibility to enquire all the details of a product before choosing it. If you have been suggested any insurance plan by your friendly insurance agent, make sure that the agent has your objective as the paramount factor and nothing else.

 Certain variables explained

  • Almost all the Insurance companies offering the single premium policy are offering “Surrender Value” after the mandatory 5 years (lock-in period) from the date of the policy.
  • Partial withdrawals are allowed under this policy after the completion of “lock-in period” which extends from a minimum of Rs.1000 (only on the policyholder reaching the age of 18 years as on the date of exercising such an option) to a maximum of 50% of the premium paid without interruption during the last 5 years from the date of the policy. A small fee is charged as “surcharge” for facilitating this partial withdrawal.
  • There are certain companies which also levy a “miscellaneous charge” to meet the cost of duplicate statement if sought; change in name; change/incorporation of date of birth; addition of contact numbers; and so on.
  • Some Companies are offering “top up” on premium to increase sum assured proportionately and this situation could come if the insured is laden with surplus money & want to invest the same in this policy.
  • “switching” means that the insured is offered opportunities to switch from one Fund to another under the same Insurance product (like from “dividend” option to “growth” option or from “equity’ to “debt” option or vice versa), which is again subject to availability of such options in the Fund.  

 

7 Most Popular Single Premium Insurance Plan

  1. Aviva LifeBond Advantage

LifeBond is a very flexible single premium ULIP with one of the widest bracket for the policy term. The premium starts with Rs 50,000 with no maximum limits. The sum assured is 5 times the premium, hence the insured becomes eligible for the tax benefits under the new IRDA guidelines.

Owing to its beneficial features, LifeBond Advantage is a great value for money. The plan comes with an inbuilt Accidental Death Benefit. The insured can opt for systematic partial withdrawals after a lock in period of 5 years. It also offers top-ups to earn additional life cover. The top-ups start with a minimum of Rs 5,000. But the string of benefits doesn’t end here, the insured also gets to earn loyalty additions (4% of fund value) for staying invested for 10 years.

  1. Bajaj Allianz New Risk Care II

New Risk Care II is a pure term plan where you get a cover for a specific term by paying a single premium. The reason why it made it to our list is that it offers a high insurance cover at a very low premium.

Since it’s a pure term plan, there are no maturity benefits (that’s why the premium is so low). The cover can be enhanced by opting for additional riders and benefits. If the insured opts for a high sum assured, he gets to enjoy saving in premium.  The plan offers insured the flexibility in choosing the sum assured and policy term.

  1. LIC Jeevan Vriddhi

LIC rules the rooster when it comes to single premium policies. LIC has launched many successful single premium policies in the market out of which we picked out Jeevan Vriddhi. The guaranteed maturity sum assured on this plan depends on the single premium amount and the entry age of the insured. The policy can be surrendered just after a year with 90% of the single premium paid back.

Other benefits include loyalty additions to the maturity benefit if the insured stays invested for a term as specified in the plan. The insured also gets to enjoy incentives for higher single premium (up to 3%, when premium > Rs 1, 00,000). Moreover, a loan can be applied against this plan at an optimal interest rate.

  1. HDFC Life Single Premium Pension Super

Single Premium Pension Super is a Pension ULIP. The USP of this plan is that the minimum sum assured is figured out as the higher of either two – fund value or at least 101% of the sum of all the premiums. So it’s a win-win proposition for the buyer. It’s like getting the ULIP advantage minus ULIP uncertainty.

The policy can be surrendered after a lock in period of 5 years. The insured can also buy top-ups starting with a minimum of Rs 10,000 to enhance the existing coverage. The investment is made in equity and debt instruments in a way so as to maximize potential of returns without exposing the funds to risk.

The maturity benefit can be availed in either of the following modes –

  • 1/3rd amount will be paid as a lump sum and will not be taxable, the rest 2/3rd will be paid as a regular annuity and will be taxable
  • The entire proceeds is converted to annuity
  • The entire proceeds is used to purchase another single premium health plan
  • The policy term is extended if you haven’t reached the age of 55 yet
  1. ICICI Pru iAssure Single Premium

iAssure Single Premium is an endowment plan offering a substantial risk free return along with a life cover. In case the insured dies, during the policy term, the beneficiary gets either sum assured or guaranteed maturity benefit, whichever is higher. Guaranteed maturity benefit is calculated taking into account factors such as premium amount, age, gender, policy term, sum assured multiple and the applicable reference rates.

The minimum sum assured is 125% of the single premium. The maximum sum assured is 500% of the single premium in case the entry age is 55 years or below and 125% of the single premium in case the entry age is above 55 years.

  1. IndiaFirst Smart Save Plan

IndiaFirst is fast emerging as one of the leading life insurers in India. The brand is renowned for designing new innovative insurance products. Smart Save is one such plan boasting of a gamut of features. It is an ULIP with a fixed policy term of 15 years. However, the insured can make partial withdrawals as and when need arises.

The investment can be made in a choice of five funds with different growth potentials. The insured can allocate the premium proportionately among these five funds and enjoys the freedom of switching from one fund to another.  The minimum sum assured is 125% of the single premium in case the entry age is 45 years or below and 110% of the single premium in case the entry age is above 45 years. The maximum sum assured is 500% of the single premium in case the entry age is 50 years or below and 110% of the single premium in case the entry age is above 50 years.

  1. Max New York SMART Steps Single Premium

What could be a better use of a surplus than to guarantee a better future for your child? SMART Steps from Max New York is a Child ULIP offering the insured, liquidity and flexibility. The investment is made in a wide choice of funds such as front-line equity fund, dynamic floor fund, dynamic bond fund and so forth. Apart from the regular maturity benefits and death benefits, the insured gets to enjoy tax benefits under section 80C and section 10 (10D).

The policy offers the insured top-ups starting with a minimum of Rs 5,000. The buyer can also avail partial withdrawals benefit for meeting unplanned expenses.

Sourced from- https://www.policybazaar.com

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Highlights of Finance Bill 2023

Highlights of Finance Bill 2023

Highlights of Finance Bill 2023

The 2024 general elections are just one year away. When the 2023 budget was unveiled, it was expected that taxpayers wouldn’t be burdened in any way, although the average taxpayer did expect to see tax relief. Find out what they were relieved about and what they were dissatisfied about.

Subas Tiwari

Proposed Changes in Tax Rates

  • In the alternate tax regime under Section 115BAC, a revision to the basic exemption limit and the number of slabs has been proposed. The revised basic exemption limit shall be INR 3, 00,000 and for every additional INR 3, 00,000 of income, the next slab rate will be applicable. The highest slab rate of 30% shall continue to apply to income above INR 15, 00,000.
  • The threshold limit for total income eligible for rebate under Section 87A has been proposed to be increased from INR 5, 00,000 to INR 7, 00,000 for assesses opting for the new tax regime.
  • Under the new tax regime, the highest surcharge rate of 37% on income above INR 5, 00, 00,000 has been proposed to be reduced to 25%.
  • The alternate tax regime of Section 115BAC is proposed to be applicable to Association of Persons (AOP) [other than a co-operative society], Body of Individuals (BOI), and Artificial Juridical Persons (AJP).
  • Standard deduction from salary income and deduction from family pension is proposed to be extended to employees who opt for new tax regime.
  • The new tax regime under Section 115BAC is proposed to serve as the default regime.
  • A new section 115BAE is proposed to be inserted, which provides for reduced rate of tax of 15% (plus surcharge of 10% and cess) for manufacturing co-operative societies established on or after April 1st, 2023, and commencing production on or before March 31st, 2024 [provided that specified incentives or deductions are not availed]. Further, income not derived or incidental to manufacturing or production of an article or thing shall be taxed at 22%.
  • Section 115BBJ is proposed to be inserted which provides the tax rate of 30% on any winning from online gaming.
  • Provisions of Alternate Minimum Tax (AMT) and credit thereof shall not apply to cooperative societies opting for an alternate tax regime under Section 115BAE.

Proposed amendments w.r.t. Deductions and Exemptions

  • Receipts arising from life insurance policies issued on or after April 1st, 2023 shall be considered as income from other sources if the premium paid exceeds Rs. 5, 00,000 in a given year. The exemption for receipts in the event of the insured person’s death shall remain unchanged.
  • To avail a deduction under Section 10AA, the assessee must submit a return of income on or before the due date specified under Section 139(1).
  • Deduction under Section 10AA shall only be allowed if the proceeds from the sale of goods or provision of services are received within 6 months from the end of the previous year or within such further period as the competent authority may allow in this behalf.
  • Income distributed from offshore derivative instruments (ODI) entered into with an offshore banking unit of an IFSC shall be exempt from tax under Section 10(4E).
  • The exemption under Section 10(22B) for news agencies is proposed to be withdrawn.
  • Tax exemption under Section 10(46A) is proposed to be extended to ‘Non-corporate entities (Such as bodies, authorities, boards, trusts, or commissions), established by a Central or State Act for the purpose of providing housing, planning urban development, and regulating activities for the benefit of the public.

Proposed Tax Benefits to Agniveers

  • Receipts from the ‘Agniveer Corpus Fund’ by a person enrolled under the ‘Agnipath Scheme 2022’ shall be exempt from tax under Section 10(12C).
  • A new deduction under Section 80CCH is proposed, which provides for deductions to Individual enrolled in Agnipath Scheme on or after 01st November, 2022. The deduction shall be equal to the amount of contributions made to the Agniveer Corpus Fund. This deduction is available in old as well as new tax regime.
  • The Central Government’s contribution to the Agniveer Corpus Fund account of an individual enrolled in the Agnipath Scheme shall be considered as salary in accordance with the provisions of Section 17. A corresponding deduction shall be allowed under Section 80CCH for the same.

Proposed amendments w.r.t. Income from Business or Profession

  • Under Section 43B, deductions for sums payable to Micro, Small, and Medium Enterprises (MSMEs) proposed to be allowed on payment basis.
  • It is proposed that for sugar co-operatives societies, for years prior to A.Y. 2016-17, if any deduction claimed for expenditure made on purchase of sugar has been disallowed, an application may be made to the Assessing Officer, who shall recomputed the income of the relevant previous year after allowing such deduction up to the price fixed or approved by the Government for such previous year.
  • Non-Banking Financial Companies (NBFCs) proposed to be notified for the purposes of Sections 43B and 43D.
  • It is proposed to clarify that the benefit could also be in cash for taxability under section 28 of the Act and for tax deduction at source under Section 194R of the Act.
  • Restrictions are proposed for set off of losses and unabsorbed depreciation by the assesse who opt for presumptive tax schemes under Sections 44BB and 44BBB.
  • The threshold limits for presumptive taxation schemes under Section 44AD and Section 44ADA have been proposed to be increased to INR 3 crores and INR 75 lakhs respectively, provided at least 95% of receipts and payments are made through non-cash methods.
  • It is proposed to amend Section 35D to remove the condition of activity in connection with these expenses to be carried out by a concern approved by the Board. Instead, the assessee shall be required to furnish a statement containing the particulars of this expenditure within prescribed period to the prescribed income-tax authority in the prescribed form and manner.
  • The threshold limit for opting for the presumptive taxation scheme under section 44AD and section 44ADA is proposed to be increased to Rs. 3 crores or Rs. 75 lakhs, respectively, where 95% of the transaction are made in non-cash mode. The consequential amendments have been made under section 44AB to remove the tax audit requirement for persons opting for such presumptive schemes.

Proposed amendments w.r.t. Capital Gains

  • The transformation of physical gold into Electronic Gold Receipts and vice versa by a Vault Manager registered with the Securities and Exchange Board of India (SEBI) shall not be considered as a transfer for purposes of capital gains taxation.
  • The cost of any intangible assets and rights shall be considered as nil for which no consideration has been paid for acquisition.
  • The gains derived from the transfer, redemption, or maturity of Market Linked Debentures shall be taxed at applicable rate as short-term capital gains under Section 50AA.
  • An individual or HUF can claim a maximum exemption of Rs. 10 crores under Sections 54 and 54F.
  • No tax shall be imposed on the transfer of capital assets in connection with the relocation of an offshore fund to an International Financial Services Centre (IFSC). The deadline for this relocation has been extended to 31-03-2025.
  • To align the provisions of Joint Development Agreement with the TDS provisions under section 194-IC, amendment is proposed in section 45 to provide that the full value of consideration shall be taken as the stamp duty value of the property received as increased by any consideration received in cash or by a cheque or draft or by any other mode

Proposed amendments w.r.t. Charitable & Religious Trusts

  • The utilization of corpus, loans or borrowings by a charitable or religious trust prior to 01-04-2021 will not be considered an application for charitable or religious purposes if the amount is subsequently deposited back into the corpus or the loan is repaid.
  • The repayment of a loan or investment into the corpus will only be considered an application for charitable or religious purposes if it occurs within 5 years of the initial utilization.
  • The donations made by one trust or institution to another trust or institution shall be deemed to be an application of up to 85% of the donated amount.
  • The Jawaharlal Nehru Memorial Fund, Indira Gandhi Memorial Trust, and Rajiv Gandhi Foundation have been excluded from the list of eligible funds for deductions under Section 80G.
  • Trusts and institutions that have initiated their activities must apply directly for regular registration, rather than provisional registration.
  • The submission of an application for registration containing false, inaccurate, or incomplete information is considered a designated violation and may result in the revocation of the registration of trusts or institutions by the Principal Commissioner of Income Tax/Commissioner of Income Tax.
  • The provisions for tax on accreted income as specified in Section 115TD have been extended to trusts or institutions, if they fail to apply for re-registration.
  • In order to claim the accumulation of income, trusts or institutions must file Form 9A and
  • Form 10 at least two months prior to the deadline for filing the return of income.
  • Time provided for furnishing a return of income for claiming exemption by trusts or institutions under Section 10(23C) or Section 11 or Section 12 shall not include the time provided for furnishing an updated return. In other words, the exemption shall be allowed if the return of income is furnished within the time allowed under Section 139(1) or Section 139(4) and not Section 139(8A).
  • The second, third and fourth proviso to Section 12A(2) allows trusts and institutions to claim an exemption under sections 11 and 12 for the previous year in which application for registration is made even though registration is granted in the subsequent year. However, under the new registration rules proposed by the Finance Bill 2023, provisional registration must be applied before the commencement of the activities. So, these rollback provisions are removed.

Proposed amendments w.r.t. Assessment & Appeals

  • Assessee can file an appeal against the penalty orders imposed by the Commissioner (Appeals) under Sections 271AAB, 271AAC, and 271AAD and revision orders passed by the Principal Chief Commissioner or Chief Commissioner under Section 263. The amendment also allows for the filing of a memorandum of cross-objections in all cases that are appealable to the Appellate Tribunal.
  • A new appellate authority, the Joint Commissioner (Appeal), has been introduced for specific categories of taxpayers, such as individuals and HUFs, to speed up the resolution process in appeal proceedings.
  • Where any direction has been issued to give the effect to faceless schemes and e-proceedings before the expiry of the limitation period, the relevant provisions are proposed to be amended to empower Central Government to make amendments in such directions at any time by notification in the Official Gazette.
  • Time limit for disposing of pending rectification applications by “Interim Board for Settlement” has been extended. If the time-limit for amending an order by it or for making an application to it expires on or after 01.02.2021 but before 01.02.2022, such time-limit shall stand extended to 30.09.2023.
  • The deadline for completing the scrutiny and best judgment assessment has been extended from 9 months to 12 months, starting from Assessment Year 2022-23.
  • A provision has been proposed to empower the Assessing Officer to require a cost audit for inventory valuation before assessment.
  • Return in response to a notice under Section 148 shall be furnished within 3 months from the end of the month in which such notice is issued or within such further time as may be allowed by the Assessing Officer on a request made in this behalf by the assesse.
  • Specified authority for granting approval for issuance of notice under Section 148 and Section 148A shall be Principal Chief Commissioner or Principal Director General or Chief Commissioner or Director General, where more than three years have elapsed from the end of the relevant assessment year.
  • Where search related information is available after 15th March of any financial year, an additional period of fifteen days shall be allowed for the issuance of the notice, for assessment/reassessments etc., under Section 148 of the Act.
  • The time limit for completion of any pending assessment or reassessment is proposed to be extended by 12 months, where a search is initiated under Section 132 or requisition is made under Section 132A. The extension shall be applicable for the assessee being searched and to whom any seized or requisitioned items (money, bullion, jewellery, valuable articles, books of account, documents) belong or pertain.
  • The amendment proposed to Section 132 allows the authorized Officer to receive assistance from approved professionals, such as digital forensic experts and registered valuers, during the search and seizure process.
  • The timelines for completing assessment or reassessment in search cases are linked to the execution of the last of the authorizations during such procedure. It is proposed to provide the meaning of execution of the last authorization under section 132 itself.

Proposed amendments w.r.t. Set-off and Carry Forward of Losses

  • The definition of ‘strategic disinvestment’ in Section 72A has been proposed to be modified to include the sale of shares by the Central or State Governments, or by a public sector company in another public sector company resulting in a reduction of its shareholding below 51% and transfer of control to the buyer.
  • Section 72AA proposed to be amended to allow the carry forward of accumulated losses and unabsorbed depreciation in the case of the amalgamation of a banking company with another banking company within five years of the strategic disinvestment.
  • Eligible start-ups will be able to set off and carry forward losses incurred during their first ten years of incorporation, even if there has been a change in shareholding, as long as all shareholders continue during the relevant period. The previous time limit of seven years has been proposed to be increased to ten years.

Proposed amendments w.r.t. TDS & TCS

  • The threshold limit for TDS under Section 194N has been proposed to be raised from INR 1 crore to INR 3 crore for recipients who are cooperative societies.
  • The rate of TCS for foreign remittances, for other purposes under LRS and purchase of overseas tour program, is proposed to increase from 5 % to 20 %
  • TDS on winning from online gaming is proposed without any threshold benefit. The tax will be deducted either upon withdrawal or at the end of financial year.
  • The exemption from TDS available on interest payments on listed debenture is proposed to be removed.
  • If the recipient of EPF withdrawal does not provide his PAN, TDS on the withdrawal will be 20%, instead of the maximum marginal rate.
  • Section 197 is proposed to be amended to include section 194LBA in its scope. Thus, unit holders receiving income from business trusts can obtain lower or nil deduction certificates.
  • Sections 206AB and 206CCA have been amended to exclude certain persons from the scope who are not required to file a return of income and are notified by the government.
  • For certain income paid to non-residents or foreign companies, TDS will be deducted at a rate of 20% or the rate specified in a tax treaty, whichever is lower. This relief will be available if the payee provides a tax residency certificate.
  • Section 155 is amended to solve a TDS mismatch problem. When a taxpayer reports income using the accrual method, it may be taxed before the TDS is deducted. It causes a TDS mismatch and prevents the taxpayer from claiming TDS credit. The amendment in section 155 allows taxpayers to apply to the assessing Officer within two years of the financial year in which the tax was withheld. The Assessing Officer will then amend the assessment to allow the taxpayer to claim TDS credit. Section 244A is also amended to provide that the interest on refund arising out of the above rectification shall be for the period from the date of the application to the date on which the refund is granted.

Proposed amendments w.r.t. Penalties and prosecutions

  • A penalty of Rs. 5,000 will be imposed on financial establishments for submitting inaccurate SFTs as a result of incorrect information provided by account holders. The financial institution has the right to recover the fine from the account holder.
  • It is proposed to amend section 271C and section 276B to provide for penalty and prosecution where deductor fails to ensure that tax has been paid under Section 194R, Section 194S and Section 194BA.
  • It is proposed to decriminalize certain acts of omission of liquidators under section 276A of the Act with effect from 1st April, 2023.

Other Proposed Amendments

  • Central Govt. will prescribe a uniform method for the valuation of perquisites arising from rent-free or concessional accommodation provided by an employer to an employee.
  • Distributions by business trusts to unit holders that are classified as debt repayment proposed to be taxed in the hands of unit holders.
  • The authorities can adjust the Income tax refunds with any outstanding tax due after written intimation only. In the case of pending assessment/ reassessment, written reasons must also be provided for withholding the refund. In such cases, the additional interest on the refund will not be payable from the time of withholding until the assessment is made.
  • Primary Agricultural Credit Societies (PACS) and Primary Co-Operative Agricultural and Rural Development Banks (PCARD) can now accept deposits or offer loans to their members in cash up to Rs. 2 lakhs. This increased limit of Rs. 2 lakh also applies to the repayment of these loans or deposits.
  • The provisions for thin capitalization in Section 94B will not apply notified NBFCs.
  • The interest calculation for updated tax returns will be based on the difference between the assessed tax and the advance tax claimed in the earlier returns.
  • Double deductions by claiming interest on housing loan under Section 24 and including it as part of the cost of acquisition shall not be allowed.
  • The eligibility period for tax deductions for start-ups under Section 80-IAC is proposed to be increased by one year. The start-ups incorporated before 01-04-2024 shall be eligible for deduction.
  • The proposed amendment to Section 92D shortens the deadline for submitting information or documents in tax proceedings related to international or domestic transactions from 30 days to 10 days, with an option to extend by another 30 days.
  • Section 56(2)(viib) is amended to make it applicable to share application money/premium received from any person, regardless of their residential status. It means the angel tax may also be levied on receiving excess share application money or premium from non-resident investors.
  • Section 92BA is amended to include the transaction between the cooperative society (opting for an alternate tax regime under section 115BAE) and the other person with a close connection within the purview of ‘specified domestic transaction’.
  • Section 9 is amended to provide that gifts received by an RNOR shall also be deemed to accrue or arise in India.
  • Section 88 is abolished to simplify the act and remove redundant provisions. Consequential amendments have been proposed to sections 80C, 80CCC, 80CCD, 54EA, 54EB, 54EC, 54ED, 111A and 112.
  • The International Financial Services Centres Authority has made the International Financial Services Centres Authority (Fund Management) Regulations, 2022 to regulate fund management entities. A corresponding amendment is proposed in sections 115UB, 56(2)(viib), 47(viiad), 10(4D) to provide that the AIFs should be regulated under the said regulation.

Key Findings

  • 88% of the users reported that their interest in sports increased after participating in Online Fantasy Sports contests. 
  • 81% of the users agreed that by virtue of using Online Fantasy Sports platforms, they have become more aware of non-cricket sports like Kabaddi, Hockey, and Handball.
  • 85% of the users agreed that the option of participating in free contests allowed them to participate without fear of incurring any financial loss. 
  • Close to 90% of the users said that the terms of use for paid contests were easy to find and understand before they participated in paid contests. 
  • 73% of users spend over 30 minutes researching statistics and other information to make their Online Fantasy Sports teams before a match.

For the complete report, click here

Unauthorised use of Electricity’s defined by Supreme Court

Unauthorised use of Electricity’s defined by Supreme Court

Unauthorised use of Electricity’s defined by Supreme Court

Delegated legislation should not travel beyond the purview of the parent act. If it does, it is ultra vires and cannot be given any effect. Rules or regulations cannot be made to supplant the provisions of the enabling act but to supplement it.

                                                                                                      Dr Prem Lata

The SC ruled that Regulation 153(15) of the Code 2014 is invalid because it violates Section 126 of the Electricity Act 2003. The SC noted that there is a thin line between a rule and a regulation, and that if the delegate authority’s power to create such rules or regulations is upheld, ultra vires may result and delegated legislation may be in conflict with the Parent Act’s provisions.

Kerala State Electricity Board vs. Thomas Joseph Alias Thomas (SC) 16 Dec 2022

A long pending issue before the Hon’ble Supreme court was finally settled with a landmark judgement in the matter of U.P. Power Corporation Ltd & others vs Anis Ahmad & others in 2013 along with eight more cases of similar nature.

The issues before the court were-

  • Whether consumer complaints made against electricity boards can be brought before the consumer courts established under the Consumer Protection Act.
  • Whether the consumer forums have the jurisdiction to entertain a complaint filed by a consumer or a person against assessment made for unauthorized use of electricity under section 126 of the Electricity Act 2003 or action taken by billing with penal rates under sec. 135 to 140 of the Electricity Act 2003.

Supreme Court in its final verdict held as hereunder stated

  • In case of any inconsistency between the Electricity Act 2003 and the Consumer Protection Act 1986, the provisions of Consumer Protection Act will prevail with regard to the matters of services defined under Section 2(1) (o) or complaint under Section 2(1) (c) of the Consumer Protection Act 1986.
  • A complaint against the assessment made for unauthorized use of electricity under Section 126 of the Electricity Act or action taken by billing with penal rates under Section 135 to 140 cannot be challenged before the consumer courts established under Consumer Protection Act.
  • The Electricity Act 2003 and Consumer Protection Act runs parallel for giving redressal to consumers who fall within the definition of consumer and complainant under the Consumer Protection Act under sections 2(1 )(c)&(d) of the act .

According to the aforementioned ruling, complaints against assessments made under Section 126 of the Electricity Act or actions taken under Sections 135 to 140 are categorically prohibited in all situations, but if a service provider has charged a price that is higher than the price set by any law, it is open to challenge before the consumer court. This means that a consumer can file a complaint before the forum for excessive billing even if he has not been charged with using electricity without authorization or the like.

But there is twist and turn in the latest Judgment by SC on the issue of unauthorised consumption of electricity in case of Kerala State Electricity Board V/S Thomas Joseph Alias Thomas 2022 (SC) decided on 16 December 2022. The Supreme Court held that the consumption of electricity in excess of the connected load/contracted load would amount to ‘unauthorised use of electricity’ under explanation (b) to Section 126(6) of the Electricity Act, 2003 and also declared Regulation 153(15) of the Kerala Electricity Supply Code, 2014 as invalid for being inconsistent with the provision of Section 126 of Electricity Act 2003.

Facts Leading to Dispute

An appeal was filed by Kerala State Electricity Board against the Kerala HC judgment which had held that ‘unauthorised additional load’ in the same premises and under the same tariff shall not be reckoned as ‘unauthorised use of electricity’.

In its appeal, the KSEB cited a decision by a three-judge panel in the case of Executive Engineer, Southern Electricity Supply Company of Orissa Limited and Another vs. Sri Seetaram Rice Mill (2012) 2 SCC 108, which determined that cases of excess load consumption other than the connected load would fall under Explanation (b) (iv) to Section 126. The bench summed up the guidelines established in the aforementioned ruling with reference to this instance.

(1) The provisions of Section 126, read with Section 127 of the Act 2003 become a Code in themselves. It specifically provides the method of computation of the amount that a consumer would be liable to pay for excessive consumption of electricity and for the manner of conducting assessment proceeding. Section 126 of the Act 2003 has been enacted with a purpose to achieve i.e., to put an implied restriction on such unauthorised consumption of electricity.
(2) The purpose of Section 126 of the Act 2003 is to provide safeguards to check the misuse of powers by unscrupulous elements. The provisions of Section 126 of the Act 2003 are self-explanatory. They are intended to cover 46 situations, other than, the situations specifically covered under Section 135 of the Act 2003. In such circumstances, the Court should adopt an interpretation which should help in attaining the legislative intent.
(3) The purpose sought to be achieved with the aid of the provisions of Section 126 of the Act 2003 is to ensure stoppage of misuse/unauthorised use of the electricity as well as to ensure prevention of revenue loss.
(4) The overdrawal of electricity is prejudicial to the public at large, as it is likely to throw out of gear the entire supply system, undermining its efficiency, efficacy and even-increasing voltage fluctuations.
(5) The expression ‘unauthorised use of electricity’ means as it appears in Section 126 of the Act 2003. It is an expression of wider connotation and principle construed purposively in contrast to contextual interpretation, while keeping in mind the object and purpose of the Act 2003.

The bench, therefore, observed:

“In view of para 72 of Seetaram Rice Mill (supra) referred to above, the High Court could be said to have erred in coming to the conclusion that the consumer cannot be charged twice the energy charges if the consumer uses in excess of the sanctioned/connected load in the very same premises and for the very same purpose, which do not involve any change in the tariff. Para 87(2) in Seetaram Rice Mill (supra) categorically holds that consumption in cases of the connected load would fall in Explanation (b) (iv) to Section 126 of the Act 2003.”

Statutory Provision in the Act

As per explanation (b) to Section 126(6), the “unauthorised use of electricity” means the usage of electricity─ (i) by any artificial means; or (ii) by a means not authorised by the concerned person or authority or licensee; or (iii) through a tampered meter; or (iv) for the purpose other than for which the usage of electricity was authorised; or (v) for the premises or areas other than those for which the supply of electricity was authorised.

However Regulation 153(15) of Supply Code 2014 provides that an unauthorised additional load in the same premises and under the same tariff shall not be reckoned as ‘unauthorised use of electricity’ except in cases of consumers billed on the basis of connected load. On Regulation 153(15), the bench observed that a delegated legislation should not travel beyond the purview of the parent Act and if it does it is ultra vires and cannot be given any effect. It observed:

“If we have to set right the impugned judgment and order of the High Court and bring in tune with the principles embodied in the decision of this Court in the case of Seetaram Rice Mill then we have no other option but to declare that Regulation 153(15) of the Code 2014 framed by the Commission is inconsistent with Section 126 of the Act 2003. If the Regulation 153(15) is to be given effect, then the same would frustrate the very object of Section 126 of the Act 2003. The High Court in its impugned judgment says that Regulation 153(15) does not lead to any loss of revenue. The stance of the Commission also is that there is no loss of revenue if the Regulation 153(15) is permitted to be operated. However, we are of the view that it is not just the question of loss of revenue. At the cost of repetition, we emphasis on the fact that overdrawal of electricity is prejudicial to the public at large as it may throw out of gear the entire supply system, undermining its efficiency, efficacy and even-increasing voltage fluctuations.”

In light of the foregoing considerations and the most recent Supreme Court ruling, the following principle is established:

  • Cases of excess load consumption other than the connected load would amount to ‘Unauthorised use of Electricity’.
  • Delegated legislation should not travel beyond the purview of the parent act. If it does, it is ultra vires and cannot be given any effect. Rules or regulation cannot be made to supplant the provisions of the enabling act but to supplement it.
  • Regulation 153(15) of the Code 2014 to be invalid, being inconsistent with the provisions of Section 126 of the Electricity Act 2003.

A few sections of Electricity Act dealing with the subject

  • Sec 175 of Electricity Act and section 3 of CP Act – both these acts are additional remedy and not in derogation to other laws.
  • Sec-173,174 &175 of the act have overriding effect qua provisions of any other law (The Atomic Energy Act 1962 and Railways Act 1989) except that of the provisions of CP Act 1986.
  • Sec 42(8), this provision of the Electricity Act provides that the remedies provided under these provisions are without prejudice to the rights of consumers which they may have apart from these provisions.
  • Sec 45 bars the jurisdiction of civil courts and other authority but not the Consumer forums constituted under quasi-judicial system.

U.P. Power Corporation Ltd.& others V/s Anis Ahmad & others SC 2013

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