Indian Fiscal
Budget 1997-98: Full Text

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Budget 1997-98
Speech of
Shri P. Chidambaram
Minister of Finance
28th February, 1997
PART B
Let me preface my tax
proposals by saying that I have set for myself the goal
of augumenting the net tax revenues of the Central
government by a healthy 15-16%; I believe that through
the measures proposed by me we will attain this goal.
I shall begin with my
direct tax proposals.
The CMP affirms that
"the United Front government will continue with tax
reforms and take other steps to augment revenues
legitimately due to the government and to curb tax
evasion." I believe that a good tax policy should
aim at moderate rates, a wider tax base, simpler
procedural rules and securing greater compliance.
Households and the corporate sector are our best savers;
we must reward them. From another point of view, however,
the tax to GDP ratio for the Central government, which
currently is only around 10.5 per cent, needs to increase
to sustain the needs of public investment and social
sector expenditure. Moreover, the proportion of direct
taxes should increase in the total tax revenues of the
government.
It is inexplicable that in
a country of over 900 million people, only 12 million
people are assessed to income-tax and, what is worse,
only about 12,000 assessees are in the tax bracket of
income above Rs.10 lakhs. I intend to make a beginning in
widening the tax net by an amendment of Section 139 of
the Income-tax Act. My proposal is that residents of
large metropolitan cities who satisfy any two of the
following economic criteria, namely, ownership of a
four-wheel vehicle, occupation of immovable property
meeting certain prescribed criteria, ownership of a
telephone and foreign travel in the previous year, should
normally fall within the taxable slabs and should
voluntarily file their tax returns. I appeal to them to
cooperate in our endeavour. If anyone fails to do so, the
Income-tax Department would serve upon him a notice
obliging him to file his return so that taxes, if due
from him, could be collected. Those who live in apparent
comfort must have the satisfaction of finding their names
in the records of the Income-tax Department.
With the same objective, I
also propose to introduce a new Estimated Income Scheme
for retail traders. The scheme will apply to persons
engaged in the business of retail trade of any goods or
merchandise having a total turnover of less than Rs. 40
lakhs. A trader with a turnover of less than Rs. 8 lakhs
will stand exempted, given the present exemption limit.
The income of the trader will be estimated at 5 per cent
of the total turnover. Assessees who file a return
showing income less than 5% of turnover will be required
to maintain books of account and get their accounts
audited.
With the aforesaid steps,
the existing presumptive scheme under section 115K,
popularly known as the Rs. 1400 scheme, which has not
yielded the desired results, is being discontinued.
Members may recall that,
last July, I had reduced the income-tax rate for the
first income slab from 20 per cent to 15 per cent. It
was, I believe, a step in the right direction. If we look
at comparative income-tax slabs in other developing Asian
countries, it will be evident that tax rates in India are
still high and constitute an important reason for tax
evasion. It is now widely accepted that moderate rates of
taxation encourage savings, foster growth and motivate
voluntary compliance. I have received wise counsel from
many Honble Members. I have, therefore, decided to
lower the rates of personal income-tax across-the-board
in a significant manner. The current rates of 15, 30 and
40 per cent are being replaced by the new rates of 10, 20
and 30 per cent. The rate will be 10 per cent in the
first slab of Rs.40,000 to Rs.60,000, 20 per cent in the
slab of Rs.60,000 to Rs.150,000 and 30 per cent for all
incomes above Rs.150,000.
The new tax rates are so
moderate that there is now little justification for
increasing the exemption limit. However, salaried persons
deserve some relief. I, therefore, propose to increase
the limit of standard deduction to Rs.20,000, which will,
henceforth, apply uniformly to all salaried taxpayers. An
employee drawing a salary of Rs.75,000 per annum and
contributing 10 per cent thereof to the provident fund
would have to pay no tax at all.
During the last meeting of
the National Development Council, a suggestion was made
that the government should think of a scheme to harness
black money for productive purposes. I have
balanced the economic and the ethical arguments. I have
considered various options. And I believe that the time
is opportune to introduce a Voluntary Disclosure Scheme.
This would be a simple scheme where, irrespective of the
year or the nature or the source of the funds, the amount
disclosed, either as cash, securities or assets, whether
held in India or abroad, would be charged at the revised
highest rate of tax. Interest and penalty will be waived.
Immunity would be granted from any action under the
Income-tax, Wealth tax and the Foreign Exchange
Regulation Acts. The date of commencement of the scheme
will be notified separately, but the scheme will end on
December 31, 1997. Of the total resources which can be
secured under the Scheme, a substantial part - 77.5 per
cent - will accrue to the State governments. I hope they
will cooperate in our endeavour in attracting people to
avail of this new opportunity being offered to those who
have shied away from paying legitimate taxes in the past.
The share which becomes available to the Central
government will go entirely towards financing the Basic
Minimum Services programme and infrastructure needs.
I also propose to give some
further relief to our senior citizens. I propose to
increase the rate of rebate available to them to 100 per
cent, from the existing 40 per cent, subject to a limit
of Rs.10,000. Thus, a senior citizen having an income
upto Rs.1 lakh would not have to pay any tax. Senior
citizens with higher incomes will also enjoy this
exemption limit but will be taxed above the threshold
level of Rs.1 lakh.
Responding to demands from
Chief Ministers, I propose to amend section 80G of the
Income-tax Act to provide for 100 per cent deduction in
respect of donations made to the Chief Ministers
Relief Fund or Lieutenant Governors Relief Fund.
Turning to corporate taxes,
I had in my last budget reduced the rate of surcharge
from 15 per cent to 7.5 per cent and had expressed the
hope that I would take a similar step in my next budget.
I propose to abolish the balance surcharge on companies.
Corporates should be
encouraged to undertake new investments. Hence, I propose
to reduce the tax rate applicable to both domestic and
foreign companies. The rate for domestic companies will
now be 35 per cent and for foreign companies 48 per cent.
The reduction in the corporate rates, apart from better
compliance, should impart an added momentum to the growth
process, create multiplier beneficial effects all around
and also attract greater foreign investment.
There has also been a
demand from the corporate sector that the tax rate of 30
per cent on royalty and technical services fees payable
to foreign companies is too high and acts as a hindrance
to the transfer of technology. I, therefore, propose to
reduce this rate to 20 per cent.
I have received requests
from non-resident Indians that the capital gains tax rate
in their case arising on transfer of securities should be
at par with the rate applicable in the case of FIIs. I
see merit in their demand and, accordingly, propose that
the rate be reduced from the existing 20 per cent to 10
per cent.
The Minimum Alternate Tax
(MAT) on companies, which was introduced last year, has
been the subject of extensive debate. A large number of
representations have been received to repealor
reviewthe provisions. The economic rationale for
MAT has, I am afraid, not been altered and I am unable to
accept the request that the provision introduced last
year be totally withdrawn. However, there is a case for a
review of the manner in which the tax is charged and
collected. I, therefore, propose to make the following
changes in the provisions of MAT :-
-
- Export profits will be
exempt from MAT and will be eligible for full
deduction under section 80HHC.
-
- A system of credit will be
introduced in respect of the payment of MAT. When
a company pays MAT, the tax credit earned by it
shall be allowed to be carried forward for a
period of 5 assessment years and, in the
assessment year when regular tax becomes payable,
the difference between the regular tax and tax
computed under MAT for that year will be set off
against the MAT credit available. Thus, at the
proposed new rate of corporate tax, every company
including the zero tax companies, would have to
pay income-tax of not less than 10.5 per cent on
its book profits.
Another area of vigorous
debate over many years relates to the issue of tax on
dividends. I wish to end this debate. Hence, I propose to
abolish tax on dividends in the hands of the shareholder.
Some companies distribute
exorbitant dividends. Ideally, they should retain the
bulk of their profits and plough them into fresh
investments. I intend to reward companies who invest in
future growth. Hence, I propose to levy a tax on
distributed profits at the moderate rate of 10 per cent
on the amount so distributed. This tax shall be an
incidence on the company and shall not be passed on to
the shareholder.
In order to encourage
investments in government securities, called gilts, I
propose to abolish Tax Deducted at Source (TDS) on such
securities. I also propose to include gilts for the
higher deduction limit of Rs.15,000 under section 80L of
the Income-tax Act as is available in respect of income
received from the units of UTI or approved mutual funds.
I have already announced
that Telecommunication will qualify as an infrastructure.
I, therefore, propose to extend the following benefits to
this sector :-
-
- Tax holiday under section 80
IA;
-
- Amortisation of licence
fees; and
-
- Inclusion of investments
made in debentures and equity shares of a public
company providing telecommunication services for
the purposes of tax rebate under section 88.
- In order to encourage the
development of tourism infrastructure, I propose to give
a deduction of 50 per cent of the profits in respect of
new hotels which are located in a hilly area or a rural
area or a place of pilgrimage or a specified place of
tourist importance. These hotels will also be exempted
from the levy of expenditure tax. In respect of hotels
located in other places, excluding the four metropolitan
cities, the deduction shall be only 30 per cent of the
profits.
- Taxing financial
intermediation goes contrary to the canons of sound
public finance. Today, an interest-tax at the rate of 3
per cent is levied on the interest income of lending
institutions, including banks and NBFCs. I propose to
reduce the levy to 2 per cent and I hope to eliminate
this levy progressively. This will help to keep down the
cost of borrowing.
- As a measure of
simplification, I propose to amend Section 37 of the
Income-tax Act to provide for the removal of artificial
disallowances on account of advertisement, travelling,
hotel expenses, entertainment expenses etc. incurred for
legitimate business purposes.
- I have also decided to
eliminate a number of exemptions which continue to remain
on the statute book and have since lost their relevance
or rationale. These include exemptions and deductions
under sections 10 (15A), 10 (26AA), 80GG and 80JJ.
- Now, I turn to my indirect
tax proposals.
- In relation to indirect
taxes the CMP has stipulated: "The progress towards
the goal of bringing Indias tariffs in accord with
world levels will be measured and calibrated."
- On more than one occasion,
I have stated that we would achieve the average level of
tariffs prevalent in ASEAN countries by the turn of
century. This will give time to Indian industry to adjust
to these changes. This years proposals should be
seen in this background.
- I propose to reduce the
peak rate of customs duty from 50% to 40%.
- High levels of customs
duties on capital goods are inconsistent with our policy
of attracting the best technology. Greenfield investments
in large projects should be globally competitive. I have
tried to harmonise the needs of Indian industry with the
requirements of the capital goods sector. I, therefore,
propose a modest reduction in duty on capital goods from
25% to 20%. This reduced rate of 20% will also apply to
project imports. Over the next two to three years these
rates would need to be further adjusted to conform to
levels prevalent in other developing Asian countries.
- I also propose to exempt
plans, designs and drawings from the levy of customs
duty.
- The customs duty on several
inputs for the steel industry is being reduced. I propose
to reduce the duty on coking coal (of ash content below
12%) from 5% to 3% and on coking coal of higher ash
content, as well as coke, from 20% to 10%. I also propose
to reduce the duty on nickel from 20% to 10%, on ferro
alloys from 25% to 20% and on re-rollable steel scrap
from 30% to 20%. All these measures should benefit the
steel industry to reduce its cost of production.
- Iron and steel products at
present generally attract customs duty at 30%. I do not
propose to make any major changes in the duty structure
this year. However, I propose to reduce the duty on Cold
Rolled Coils of iron and steel from 30% to 25% to help
the engineering industry. I further propose to reduce the
duty on ships brought for breaking from 10% to 5% and on
pig iron from 20% to 10%.
- I propose to reduce the
duty on non-coking coal from 20% to 10%. This will help
the power sector.
- Chemicals constitute vital
inputs for several down- stream industries including the
small scale sector. I propose to reduce the duty on
organic and inorganic chemicals from 40% to 30% . I also
propose to make the following reductions on certain
essential chemicals:
- On linear alkylbenzene, from
30% to 20%.
On
methanol, from 30% to 20%.
On naphthalene, from 30%
to 20%.
On phenol, from 30% to
25%.
On catalysts, from 30% to
25%.
- I also propose to reduce
the customs duty on dyes, pigments, paints and varnishes,
glues, enzymes and modified starches from 40% to 30%.
These reductions will significantly benefit our textile
industry.
- Mr. Speaker, Sir, the
scheduled dismantling of quantitative restrictions under
the Multi Fibre Agreement will expose all textile
exporting countries to stiff competition. The Ministry of
Textiles have created a "Technology Upgradation
Fund" for both the textile and jute industries to
enhance the competitive efficiency of these sectors. Our
textile industry has, therefore, to upgrade its
technologies in the shortest possible time. Last year, I
had reduced the customs duty on several kinds of textile
machinery to 10%. In order to improve the quality of our
garments for exports, this year I propose to add some
more processing machines to this category. However, to
mitigate any adverse impact on domestic manufacturers, I
have decided to allow them to import the components and
parts of these machinery at a concessional duty of 10%.
- As a relief to the woollen
textile industry, I propose to reduce the import duty on
apparel grade wool from 25% to 20%, on wool waste from
30% to 20% and on woollen and synthetic rags from 30% to
25%. On flax fibre, I propose to reduce the duty from 30%
to 20%.
- In order to conserve our
forest resources, I propose to fully exempt wood logs,
fuel wood, wood chips, etc. from customs duty.
- The spread of
"Information Technology" has radically altered
conventional wisdom on growth strategies. I propose
several measures to encourage this industry and to reduce
costs. These include:
- Full exemption to computer
software.
Reduction
of duty on computer parts, other than populated printed
circuit boards, from 20% to 10%.
Reduction of duty on
cartridge tape drive and digital video disc drive from
20% to 10%.
Reduction of duty on
populated printed circuit boards from 30% to 20%.
Reduction of duty on
integrated circuits from 20% to 10%.
Reduction of duty on
colour monitor tubes from 20% to 10%.
Reduction of duty on
colour picture tubes from 35% to 30%.
Reduction of duty on parts
of cellular telephones and pagers from 30% to 20%.
Reduction of duty on
telecom equipment from 40% to 30% and on their parts from
30% to 20%.
- Ham operators are presently
eligible to import specified equipment upto a value of
Rs.50,000 at a concessional rate of duty. I propose to
raise this limit to Rs.75,000.
- I propose to reduce the
duty on watch parts and movements from 50% to 25% and on
watch cases of base metals from 50% to 30%. I also
propose to reduce duty on horological materials from 20%
to 10%. This will help our watch industry to further
enhance their quality.
- We are all concerned about
the menace of growing pollution. In order to help reduce
the cost of CNG kits, I have decided to reduce the
customs duty on such kits and their parts from 10% to a
modest 5%. Similarly, I propose to reduce the customs
duty sharply on catalytic converters and their parts to
5% from the existing rate of 25%.
- To improve the quality of
medical care, I propose to reduce the import duty on
medical equipment from 30% to 20%; on linear accelerators
of 15 MeV and above used for cancer treatment from 10% to
0%; and on ophthalmic blanks for making spectacle lenses
from 50% to 20%.
- To promote tourism, I
propose to reduce the import duty on specified equipment
required for hotels from 35% to 25% and on specified
speciality food items used by foreign tourists from 50%
to 25%.
- I also propose to give some
relief to the film and photographic industry by reducing
the import duty on cine films and other photographic
films from 30% to 25% and on parts of cameras from 50% to
25%.
- I propose to reduce the
customs duty on baggage from 60% to 50%.
- I now come to my proposals
on central excise.
- Our excise structure is far
too complex. Till some time ago, we had a multiplicity of
rates, innumerable end-use exemptions and other
distortions. Considerable simplification has taken place.
Last July, I promised that within three years we shall
have a four rate tax structure. I find that, in the first
instance, it is necessary to reduce the dispersion in
excise rates. I believe that we can eventually gravitate
towards a mean rate around 18%. With this objective in
view, I have introduced three new rates, namely, 8%, 13%
and 18%. In the process I have done away with the rates
of 20% and 10% (except in the case of some petroleum
products). In the interest of revenue, I have perforce to
continue, for the time being, the rate of 15% which will
apply to metals and a few other commodities.
- However, the excise duty
structure is still punctuated with many exemptions. All
commodities, with some unavoidable exceptions, should be
subject to excise duty at a minimum rate. I propose to
undertake this exercise in the next years budget.
- Cotton yarn will continue
to bear an excise duty of 5% only.
- I propose to withdraw the
exemption in a few cases like jams, jellies, sauces and
soups where I propose to impose a nominal duty of 8%.
Similarly, I propose to levy a duty of 8% on pens and
ball point pens exceeding a value of Rs.100 per piece and
on non-power sun glasses. However, writing ink will be
free from excise duty.
- On a number of items of
mass consumption like biscuits, sugar confectionery,
laundry soap, tooth paste, tooth powder, kitchen and
tableware of glass, and clocks and watches of a value
upto Rs.600 per piece, I propose to reduce the excise
duty from 10% to 8%. A rate of 13% would be applied for
watches and clocks above Rs.600 per piece and other items
like machinery and parts, tyres and tubes of two-wheeled
motor vehicles, fluorescent tubes, and computers and
parts thereof. A reduced rate of 13% will also apply to
X-ray films, sanitary towels, napkins for babies and
similar sanitary articles.
- In respect of a large
number of products, I propose to reduce the excise duty
by percentages ranging from 2% to 7% and apply the mean
rate. Accordingly, the mean rate of 18% would be
applicable to many commodities including cocoa and cocoa
preparations, instant coffee, sherbats, organic and
inorganic chemicals, paints and dyes, electric wires and
cables, toilet soaps, detergents, articles of leather,
synthetic rubber, fibres and blended synthetic yarn,
paper and paper board, plywood,travel goods and a host of
consumer durables.
- Agricultural and
horticultural machinery are fully exempt from excise
duty. I propose to extend the exemption from excise duty
to milking machines, dairy machinery and their parts.
- In order to revive and give
a thrust to the ailing jute industry, I propose to fully
exempt all jute and jute products from excise duty.
- At present, import of
equipment and consumables by recognized research
institutions is exempt from customs duty. In the interest
of the domestic producer, I propose to allow the purchase
of indigenous equipment and consumables by such
institutions free of excise duty.
- I also propose to reduce
the duties of excise on certain items in order to bring
about a more balanced excise structure on the whole. The
changes proposed are:
- Reduction of duty on taxis
and cars for the physically handicapped from 30% to 25%.
Reduction of duty on polyester
filament yarn from 40% to 30%.
Reduction of duty on
cosmetics and toilet preparations from 40% to 30%.
Reduction of duty on
glazed tiles from 30% to 25%
Reduction of duty on
airconditioners from 40% to 30%.
- Mr. Speaker, Sir, smoking
in public is banned in Delhi. The fight against cancer
and respiratory diseases continues. My contribution will
be to increase the excise duty on non-filter cigarettes,
not exceeding 60 mm in length, popularly called mini
cigarettes, from Rs.75 per thousand to Rs.90 per
thousand. I have also increased the excise duty on other
categories of cigarettes. The increases range from Rs.20
to Rs.70 per thousand. There has been no increase in the
excise duty on biris since 1993. I, therefore, propose to
increase the excise duty on biris from Rs.5 per thousand
to Rs.6 per thousand. The impact of this duty change on
the retail price would only be 2 paise for a bundle of 20
biris. As regards cigarettes, the increase would be 15
times more for every mini cigarette.
- The small scale sector
makes an important contribution to our overall
production, provides gainful employment and also
contributes to our export effort. It is the declared
policy of this Government to free the small scale
industry from the rigours of cumbersome procedures. In
line with this objective, I have radically simplified the
scheme of excise duty concessions for the small scale
units. I intend to continue the full exemption from duty
on clearances upto Rs.30 lakhs in a financial year.
Thereafter, a small scale unit would be required to pay a
flat rate of excise duty on clearances beyond Rs.30 lakhs
and upto Rs.100 lakhs, if the small scale unit does not
avail of any modvat credit on duty paid inputs. The flat
rate of duty will be 3% ad-valorem on clearances between
Rs.30 to Rs.50 lakhs and 5% ad-valorem on clearances
between Rs.50 to Rs.100 lakhs. The flat rate will apply
for all specified goods to which the small scale
exemption scheme is applicable. In the revised scheme of
exemption, the small scale units will not be required to
maintain complicated records for availing modvat. They
will also not be required to determine the classification
of goods.
- In order to curb avoidance
from payment of duty, I have decided to exclude a few
items like cotton yarn and texturised man-made yarn from
the purview of the SSI exemption scheme.
- Mr. Speaker, Sir, while it
is our policy to moderate the tax rates and simplify
procedures, the government is equally committed to curb
evasion of taxes. It is reported that in some sectors,
like induction furnace, steel re-rolling mills etc.,
evasion of excise duty is substantial and the production
is not being reported correctly. I propose to tackle this
problem by introducing collection of excise duty on the
basis of their production capacity. Suitable legislative
changes in the excise law for enabling the implementation
of the aforesaid change are under consideration. The
details of the proposals would be submitted to this House
in due course.
- The average citizen
consumes a basket of commodities. As a result of my
proposals some increases and many reductions
I believe the basket will carry a significantly
lower tax burden.
- The services sector
contributes nearly 40% to the GDP. Services
are products as much as manufactured goods.
Both must bear taxes. Hence, I propose to extend the
service tax to cover a number of well known services
like:
- Transportation of goods by
road;
Consulting
engineers;
Custom house, Steamer and
Clearing and Forwarding agents;
Air travel agents, tour
operators and car rental agencies;
Out-door caterers, pandal
contractors and mandap keepers;
Man-power recruitment
agencies.
- The proposals on service
tax are estimated to yield a revenue of Rs.1200 crore in
a full year. However, for the financial year 1997-98, I
am taking credit for Rs.900 crore. I wish to inform the
House that in order to improve our national highways, I
propose to utilise the bulk of the proceeds realised from
service tax on transportation of goods by road to augment
the resources of the National Highway Authority.
- On the conventional basis,
my proposals relating to reduction in customs duties are
estimated to result in a loss of Rs.2625 crore in a
financial year and, in the case of excise duties, my
proposals are broadly revenue neutral. However, the
buoyancy and the growth momentum that would be imparted
to the economy would more than compensate for our losses
computed through the conventional calculations.
- I now have to say something
on behalf of my colleague the Minister of Communications
who has made a statement earlier today. A revision of
tariffs for some postal services has become unavoidable.
However, in doing so, we have kept in view the interest
of the common man and the role of postal services in
meeting wider social obligations. While there is no
change for Registered Newspapers, the price for ordinary
Post Card is being raised to 25 paise and printed Post
Card to Rs.1.50. The price for Inland Letter is also
being raised from 75 paise to Re.1 and for Envelope from
Re.1 to Rs.2. Certain other changes are also being
effected which is explained in the Memorandum circulated
alongwith the budget documents. The changes will take
effect from a date to be notified later. The proposed
revisions are estimated to yield an additional revenue of
Rs.367 crore in a full year and Rs.305 crore during
1997-98. This modest increase is necessary for the
development of postal services and in partially bridging
the deficit on the numerous services being provided by
the Postal Department.
- Copies of notifications
giving effect to the above changes in customs and excise
duties will be laid on the Table of the House in due
course.
- Mr. Speaker, Sir, as I come
to the end of my labours, let me look at the final
outcome. The revenue deficit in 1997-98 is placed at
Rs.30,266 crore or 2.1% of GDP. The fiscal deficit comes
to Rs.65,454 crore which is 4.5% of GDP. I have not
wavered in my commitment to continue on the course of
fiscal correction. With the support of this House, and as
promised in the CMP, I hope to bring the fiscal deficit
under 4% in the next budget.
- Our goal must be to achieve
rapid and broad-based growth which alone can ensure
higher employment, better living standards and a humane
and just society. The challenges that we face today are
not unique to India. Other countries, including our
friends in Asia, have faced similar challenges. Japan
showed the way. Other Asian countries are surging ahead.
And, finally, there is the example of China, powering its
way to becoming the second largest economy in the world.
These countries have shown that with courage, wisdom and
pragmatism they can find their rightful places in the
world.
- Deng Xiao Peng, to whom we
paid homage a few days ago, once said, "From our
experience of these last few years, it is entirely
possible for economic development to reach a new stage
every few years. Development is the only hard
truth." Indias economy has also reached a new
stage. Our beloved India is far stronger today than she
was six years ago.
- I would appeal to this
House, and to the Indian people, to heed the call of
Gurudev Rabindranath Tagore:
Desha desha
nandita kari mandrita tabha bheri,
Aashilo jata
birabrinda aashana tabha gheri.
Deen aagata oyi,
Bharat tabu kayi?
Shay ki rahila lupta
aaji shaba-jana-paschatay?
Louk bishwakarmabhar
mili shabar shathay
( Thy call has sped over all
countries of the world
And men have gathered around thy
seat.
The day is come; but where is
India?
Does she still remain hidden,
lagging behind?
Let her take up her burden and
march with all.)
- Mr. Speaker, Sir, with
these words, I commend the Budget to this august House.
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