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Extension of removal of difficulties orders: continuation permitted for two years under amended IGST Act provision.
The amendment to Section 25 extends the authority to issue removal of difficulties orders for an additional two years, allowing such orders to be made up to five years from the date of commencement of the IGST Act, thereby prolonging the administrative mechanism to address implementation issues.
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Composition scheme exclusions expanded, affecting service suppliers and inter state service supplies and tightening input tax credit rules.
Amendments revise the definition of Union territory, narrow the composition scheme to exclude specified categories of service supplies, delink debit note date from invoice date for input tax credit, prescribe manner and time limits for transitional credit, and strengthen registration, procedural and enforcement provisions including cancellation and revocation rules, invoice issuance for services, removal of TDS certificate obligations, and enhanced penalties and cognizable treatment for fraudulent availment of input tax credit.
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Excise duty increase and higher NCCD rates on tobacco products raise tax incidence and apply immediately.
Amendment increases excise and NCCD rates for specified tobacco and tobacco substitute tariff items in the Seventh Schedule to the Finance Act, 2001, listing revised unit and ad valorem rates by tariff heading and measurement unit. The changes take effect on enactment and are applied immediately under the Provisional Collection of Taxes Act, 1931.
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Anti-circumvention measures expanded to enable investigations into circumvention of anti-dumping and countervailing duties.
Amendments broaden Anti-Dumping Rules to strengthen anti-circumvention measures and clarify investigation scope for dumping that injures domestic industry; corresponding changes add an explicit investigatory mechanism in Countervailing Duty Rules to address circumvention of countervailing duties and clarify procedural scope. The instrument also revokes specified anti-dumping duties on purified terephthalic acid originating from certain trading partners.
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Social Welfare Surcharge exemption withdrawn; notification amended to remove specified tariff entries in certain chapters.
Exemption from the Social Welfare Surcharge previously applicable to specified imported goods is being withdrawn by amendment to the governing customs notification, which omits certain table entries so those goods no longer attract the earlier surcharge exemption.
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Social Welfare Surcharge exemption on specified imported goods announced, covering foodstuffs, stone products and complete commercial vehicles.
Social Welfare Surcharge is exempted on a specified list of imported goods identified by HS codes and descriptions, including dairy products (whey, cheese), live plants, nuts (almonds, walnuts), cereals (wheat, maize), chewing gum, infant food preparations, various forms of orange juice, selected marble and calcareous stone products (tiles, blocks, monumental stone), and all commercial vehicles (including electric vehicles) imported as completely built units.
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Customs tariff amendments tighten concession eligibility and harmonise BCD entries while removing redundant provisions.
Amendments to customs tariff notifications revise BCD entries by omitting redundant listings, consolidating inconsistent tariff provisions, and narrowing ambiguous item scope so concessions apply only to intended end uses. Procedural and eligibility changes include imposing an actual user condition on a bamboo import concession, aligning technical conditions for satellite testing equipment and scientific instruments, clarifying assistive device coverage for disabled users, and removing the techno economic clearance requirement for a fertilizer renovation concessional BCD.
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Health cess on imported medical devices imposes an additional customs duty, excluding BCD exempt items and manufacturing inputs.
A Health Cess is proposed as an ad valorem customs duty on imported medical devices (HS headings 9018-9022) measured by import value under the Customs Act; export promotion scrips cannot be used for payment. Devices exempt from basic customs duty and inputs/parts used in manufacture are exempt from the Cess, and proceeds are to fund health infrastructure.
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Customs duty exemptions withdrawn as obsolete; several notifications rescinded or consolidated into updated customs notifications.
Several earlier customs duty exemption notifications are being withdrawn as no longer relevant, including exemptions for Commonwealth Games imports, power-project imports, Advance Customs Clearance Permit imports, SAARC preferential trade, goods produced in Nepal, wool/woollen fabrics and paper money by humanitarian entities, preferential tariff items, and water-supply projects under Project Imports; certain entries have been merged or superseded and some exemptions are now available through notification No. 50/2017-Customs.
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BCD exemption withdrawal removes concessional customs treatment for numerous listed import goods, restoring standard basic customs duty.
Review under the Finance Bill 2020 withdraws concessional basic customs duty exemptions by omitting specified entries from Notification No. 50/2017-Customs, thereby removing concessional BCD treatment for a broad list of listed imports - including agricultural and food products, oils, sugars, raw materials, polymers, films, chemicals, specified machinery and project-tied imports - with several entries subject to quantitative caps or conditional provisos.
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Customs duty revisions reshape tariffs to protect domestic manufacturing while exempting inputs and conditioning concessional rates.
Proposed revision of basic customs duty rates reallocates protection by increasing duties on finished consumer and automotive imports while reducing or exempting inputs and designated end-use materials to promote domestic manufacturing. Concessional rates and exemptions are conditional on specified end-uses and registrations, such as RNI registration for newsprint; electronic and mobile-phone components face staged duty increases with effective dates; defense-related imports by specified public sector undertakings are exempted subject to listed items.
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Basic Customs Duty increases apply to numerous tariff headings, altering import duty obligations from the effective date.
Amendments increase the Basic Customs Duty in the First Schedule to the Customs Tariff Act, 1975 for numerous tariff headings, specifying revised duty percentages for defined commodities and adding new tariff entries; certain new entries show an operative zero effective rate. The changes are effective 02.02.2020 and declared immediately collectible under the Provisional Collection of Taxes Act, 1931.
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Safeguard measures expanded to permit duties or tariff rate quotas when increased imports threaten domestic industry.
The substituted Section 8B empowers the Central Government to apply safeguard measures-including imposition of a Safeguard Duty, application of a Tariff Rate Quota, or any other appropriate measure-when increased imports of an article cause or threaten to cause serious injury to domestic industry, centralising authority to identify qualifying import patterns and to select proportional remedial instruments.
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Preferential tariff verification: suspension of duty concessions pending exporter verification and security requirement for import clearance.
New Chapter VAA (section 28DA) creates a framework for preferential tariff treatment under trade agreements, imposes importer obligations and requires time bound verification from the exporting country; preferential treatment may be suspended pending verification with clearance only on furnishing security equal to the differential duty, and may be denied in certain cases. Section 51B establishes an Electronic Duty Credit Ledger for duty credits in lieu of remission and extends recovery provisions to such credits. Amendments also add confiscation liability for contraventions of preferential claims and empower rulemaking under sections 156 and 157; an explanation preserves pre 2018 notices under section 28.
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Verification of Returns: prescribed persons may verify company and LLP returns and act as authorised representatives.
Amendments allow any person prescribed by the Board to verify the income-tax return of a company or LLP and permit any person prescribed by the Board to appear as an authorised representative on behalf of an assessee, supplementing existing verification and representation rules that currently designate managing directors, directors, insolvency professionals, designated partners or partners.
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Cost of acquisition for segregated portfolio units: holding period continuity and proportional NAV-based allocation determine tax basis.
Units in a segregated portfolio inherit the holding period of the original units in the main portfolio, and the cost of acquisition of segregated portfolio units is the portion of the original cost proportionate to the ratio of the NAV of assets transferred to the segregated portfolio to the NAV of the total portfolio immediately before segregation; the cost of the original units in the main portfolio is deemed reduced by that allocated amount.
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Annual financial statement upload expands tax-statement data in assessees' accounts, aiding compliance and accurate return filing.
The administering income-tax authority, or its authorised person, will be required to upload an Annual Financial Statement to the assessee's registered account on the designated portal, in such form, manner and within such time as may be prescribed, containing financial information in the possession of the authority (including items beyond tax deducted or collected). The existing provision specifically governing the prior tax-deduction statement is proposed to be deleted and the amendment takes effect from 1st June, 2020.
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Tax audit threshold increase for low-cash businesses; tax audit reports must be furnished earlier to enable return pre-filling.
The proposal raises the audit exemption threshold for businesses where both aggregate cash receipts and aggregate cash payments do not exceed five percent of totals; it mandates that tax audit reports for business or professional income be furnished at least one month before the return filing due date to enable pre-filling, and it amends return due dates and partner treatment while making consequential TDS/TCS amendments to align withholding references with the revised audit framework.
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Eligibility expansion for Adjudicating Authority members adds District Judge qualification, broadening appointment pool under Benami Property law.
Section 9 eligibility for appointment as a Member of the Adjudicating Authority under the Prohibition of Benami Property Transaction Act is expanded to include persons who are qualified for appointment as District Judge, in addition to existing eligibility for Indian Revenue Service officers who have held Commissioner of Income-tax (or equivalent) and Indian Legal Service officers who have held Joint Secretary (or equivalent). The amendment takes effect from 1 April 2020 under Clause 143 of the Finance Bill.
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Donation reporting: donees must file statements and issue certificates before donor deduction claims are allowed under tax law.
Entities receiving donations must furnish a standardized statement of donations and issue certificates to donors; donor deduction claims will be permitted only where the donee has filed the prescribed statement, with fees and penalties for non compliance. Approvals and registrations under charitable exemption provisions will be time limited and may be granted provisionally on application without detailed enquiry, with requirements to reapply to reactivate inoperative registrations.

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OTHER PROPOSALS INVOLVING CHANGES IN BASIC CUSTOMS DUTY RATES IN RESPECTIVE NOTIFICATIONS [with effect from 2.2.2021, unless specified otherwise]

1 February, 2021

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Budget 2021-22 + FINANCE Bill, 2021

OTHER PROPOSALS INVOLVING CHANGES IN BASIC CUSTOMS DUTY RATES IN RESPECTIVE NOTIFICATIONS [with effect from 2.2.2021, unless specified otherwise]

S. No

Chapter, Heading, sub- heading, tariff item

Commodity

From

To

 

 

Agricultural Products and By Products

 

 

1.

2207 20 00

Denatured Ethyl Alcohol (ethanol) for use in manufacture of excisable goods

2.5%

5%

2.

23

All goods except dog and cat food and shrimp larvae feed

Nil/ 5%/

10%/

15%/

20%/

30%

15%

 

 

Minerals

 

 

3.

2528

Natural borates and concentrates thereof

Nil/5%

2.5%

   

Fuels, Chemicals and Plastics

   

3.

2710

Naphtha

4%

2.5%

5.

2907 23 00

Bis-phenol A

Nil

7.5%

6.

2910 30 00

Epichlorohydrin

2.5%

7.5%

7.

2933 71 00

Caprolactam

7.5%

5%

8.

3907 40 00

Polycarbonates

5%

7.5%

9.

3908

Nylon chips

7.5%

5%

10.

3920 99 99

Other plates, sheets, films, etc. of other plastics

10%

15%

   

Leather

   

11

41

Wet blue chrome tanned leather, crust leather, finished leather of all kinds, including splits and sides of the aforesaid

Nil

10%

   

Textiles

   

12.

5002

Raw Silk (not thrown)

10%

15%

13.

5004, 5005,

5006

Silk yarn, yarn spun from silk waste (whether or not put up for retail sale)

10%

15%

14.

5201

Raw Cotton

Nil

5% +

5% AIDC*

15.

5202

Cotton waste (including yarn waste or garneted stock)

Nil

10%

16.

5402, 5403,

5404, 5405

00 00, 5406,

5501 to 5510

Nylon Fibre and Yarn

7.5%

5%

   

Gems and Jewellery Sector

   

17.

7106

Silver

12.5.%

7.5%+

2.5% AIDC*

18.

7106

Silver Dore

11%

6.1% +

2.5%

AIDC*

19.

7108

Gold

12.5%

7.5%+

2.5% AIDC*

20.

7108

Gold Dore

11.85%

6.9%+

2.5% AIDC*

21.

7107 00 00,

7109 00 00,

7111 00 00

Base metals or precious metals clad with precious metals

12.5%

10%

22.

7110

Other precious metals like Platinum, Palladium, etc.

12.5%

10%

23.

7112

Waste and scrap of precious metals or metals clad with precious metals

12.5%

10%

24.

7112

Spent catalyst or ash containing precious metals

11.85%

9.17%

25.

7113

Gold or Silver Findings

20%

10%

26.

7118

Coin

12.5%

10%

 

 

Metals

 

 

27.

7204

Iron and steel scrap, including stainless steel scrap [up to 31.03.2022]

2.5%

Nil

28.

7206 and

7207

Primary/Semi-finished products of non-alloy steel

10%

7.5%

29.

7208, 7209,

7210, 7211,

7212, 7225

(except 7225

11 00) and

7226 (except

7226 11 00)

Flat products of non-alloy and alloy steel

10%

/12.5%

7.5%

30.

7213, 7214,

7215, 7216,

7217, 7221,

7222, 7223,

7227 and

7228

Long product of non-alloy, stainless and alloy steel

10%

7.5%

31.

7225

Raw materials for use in manufacture of CRGO steel [up to 31.03.2023]

2.5%

Nil

32.

7404

Copper Scrap

5%

2.5%

33.

7318

Screw, bolts, nuts, etc. of iron and steel

10%

15%

 

 

Capital Goods

 

 

34.

8430

Tunnel boring machines

Nil

7.5%

35.

8431

Parts and components for manufacture of tunnel boring machines with actual-user condition IT,

Nil

2.5%

 

 

 

Electronics and Renewable

 

 

36.

8544 (other

than 8544 70

and 8544 30

00)

Specified insulated wires and cables

7.5%

10%

37.

39, 74 and

85

Former, bases, bobbins, brackets; CP wires; P.B.T.; Phenol resin moulding powder; Lamination/ El silicon steel strips for use in manufacture of transformers (entry at S.No. 198 of 25/1999- Customs)

Nil

Applica ble rate

38.

Any Chapter

Inputs or parts for manufacture of Printed Circuit Board Assembly (PCBA) of cellular mobile phone

(w.e.f. 1.4.2021)

Nil

2.5%

39.

Any Chapter

Inputs or parts for manufacture of camera module of cellular mobile phone

(w.e.f. 1.4.2021)

Nil

2.5%

40.

Any Chapter

Inputs or parts for manufacture of connectors of cellular mobile phone

(w.e.f. 1.4.2021)

Nil

2.5%

41.

Any Chapter

Inputs or raw material for manufacture of specified parts like back cover, side keys etc. of cellular mobile phone

(w.e.f. 1.4.2021)

Nil

2.5%

42.

Any Chapter

Inputs or raw material (other than PCBA and moulded plastics) for manufacture of charger or adapter of cellular mobile phones

Nil

10%

43.

8504 90 90

or

3926 90 99

Moulded plastics for manufacture of charger or adapter

10%

15%

44.

Any Chapter

Inputs or parts of Printed Circuit Board Assembly of charger or adapter of cellular mobile phones

Nil

10%

45.

Any Chapter

Inputs or parts of Moulded Plastic of charger or adapter of cellular mobile phones

Nil

10%

46.

Any Chapter

Inputs or raw materials (other than Lithium-ion cell and PCBA) of Lithium-ion battery or battery pack

(w.e.f. 1.4.2021)

Nil

2.5%

47.

Any Chapter

Parts or components of PCBA of Lithium-ion battery or battery pack

(w.e.f. 1.4.2021)

Nil

2.5%

48.

Any Chapter

Inputs or raw materials of following goods: -

  1. Other machines capable of connecting to an automatic data processing machine or to a network (8443 32 90)
  2. Ink cartridges, with print head assembly (8443 99 51)
  3. Ink cartridges, without print head assembly (8443 99 52)

(iv)Ink spray nozzle (8443 99 53) (w.e.f. 1.4.2021)

Nil

2.5%

49.

Any Chapter

Inputs and parts of LED lights or fixtures including LED Lamps

5%

10%

50.

Any Chapter

Inputs for use in the manufacture of LED driver or MCPCB (Metal Core Printed Circuit Board) for LED lights or fixtures including LED Lamps

5%

10%

51.

9405 50 40

Solar lanterns or solar lamps

5%

15%

52.

8504 40

Solar Inverters

5%

20%

53.

9503

Parts of Electronic Toys for manufacture of electronic toys Aviation Sector

5%

15%

54.

Any Chapter

Components or parts, including engines, for manufacture of aircrafts or parts of such aircrafts, by Public Sector Units under Ministry of Defence subject to condition specified.

Medical devices

2.5%

0%

 

55.

9018-9022

Medical Devices imported by International Organization and Diplomatic Missions

Health Cess @ 5%

Health Cess @ Nil

   

Goods imported under Project Import Scheme

   

56.

9801

High Speed Rail Projects being brought under project imports

Applicable Rate

5%

57.

8714 91 00,

8714 92,

8714 93,

8714 94 00,

8714 95,

8714 96 00,

8714 99

All goods other than Bicycle parts and components

10%

15%

* Agriculture Infrastructure and Development Cess

 


 

Full Text:

Budget 2021-22 + FINANCE Bill, 2021

Topics

Acts Income Tax