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    Case LawsCentral Excise
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    Tariff classification: Sloans Balm and Sloans Rub placed under medicated topical preparations, not the alternate heading.
    Classification dispute over topical proprietary preparations marketed as Sloans Balm and Sloans Rub; the operative determination places these products within Sub Heading 3003.30 rather than Sub Heading 3003.10 of the Tariff Act, based on the products' character and the tariff terminology.
    Case LawsCentral Excise
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    Classification of Himtaj Oil as Ayurvedic medicament confirmed, excluding perfumed hair oil category under tariff.
    The document determines that the classification question for Himtaj Oil is whether it is an Ayurvedic Medicament or a perfumed hair oil; it records the authoritative precedent that the product properly falls within the Ayurvedic Medicaments sub heading rather than the perfumed hair oil tariff heading, applying character based classification principles to distinguish medicament articles from cosmetic preparations.
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    Tariff classification: lip salve treated as a cosmetic preparation, not a medicated product, affecting applicable tariff placement.
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    Case LawsCentral Excise
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    Fragrant mat classification placed under specific fragrance preparations heading rather than the generic perfume preparations heading.
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    Tariff classification of conveyor belts clarified under harmonised system guidance, confirming current classification under polymeric goods heading.
    The conveyor belt item was held to fall within Tariff Heading 3922.90 for an earlier period and within Tariff Heading 3926.90 for a later period, and under the latest tariff remains classifiable under the tariff item corresponding to 3926.90; the Harmonised System Explanatory Note to Tariff Heading 39.26 is the guiding interpretive aid because the Tariff Schedule is based on the Harmonised Coding System.
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    Classification of block board as similar laminated wood affirms inclusion under laminated-wood headings, though later tariff notes may reassign it.
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    Tariff classification of pesticides: specific Chapter 38 headings control classification of insecticidal and fungicidal preparations.
    Classification of technical grade pesticides depends on specific tariff headings: general provisions in Chapters 28 and 29 give way to the specific provisions of Chapter 38 for insecticides and pesticides, so TGP and formulations with insecticidal or fungicidal properties are classifiable under the specific headings in Chapter 38 rather than under earlier residuary headings, with preparations of insecticidal or fungicidal character falling under Heading 38.08.
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    Convertible foreign exchange: payments from buyer FCNR/NRE accounts may qualify for zero-rated export benefit under GST.
    Payments received from a buyer's FCNR/NRE account may be treated as received in convertible foreign exchange for claiming the zero-rated supply benefit under GST where such receipt conforms to modes authorised by Regulation 4 of the Foreign Exchange Management (Manner of Receipt and Payment) Regulations, 2000; the position is interpretive and authoritative clarification is suggested to resolve compliance uncertainty.
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    Convertible foreign exchange requirement necessary to qualify services as zero-rated exports under GST, where payment is received in foreign currency.
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    Receipt in convertible foreign exchange required for export GST exemption; realization must meet foreign exchange timelines.
    Whether export of goods qualifies for exemption or zero-rated GST depends on receipt of consideration in convertible foreign exchange and adherence to the realization timeframe under Regulation 9 of the Foreign Exchange Management (Export of Goods and Services) Regulations, 2015, which requires realization of export proceeds within nine months (subject to extension).
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    Export of goods under GST means removal of goods from India to a location outside India for classification purposes.
    The term export of goods under the integrated GST framework is defined to mean the act of taking goods out of India to a place outside India, inclusive of its grammatical variations and cognate expressions; this definition identifies when the movement of goods qualifies as export for GST classification.
    Act RulesGST
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    Continuous journey under GST defines when contemporaneous tickets and no intervening stop constitute one uninterrupted trip for tax treatment.
    The definition treats a journey as a continuous journey where one or more tickets or invoices are issued at the same time by a single supplier or an agent on behalf of multiple suppliers and there is no stopover between the legs covered by those tickets or invoices; a "stopover" is where a passenger disembarks to transfer or to break the journey and resume it later.
    Act RulesGST
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    Location of supplier: treat the supplier's place of business as the determining factor for place of supply under GST.
    Location of supplier of goods is not defined in the GST/IGST Acts; it should be treated as the place where the supplier was located immediately before or at the time of supply and before movement of goods. A CBIC flier treats the supplier's place of business as the relevant location, supporting use of the supplier's business location for determining place of supply under Section 10 and inter state rules.
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    Location of supplier of services determines place of supply under GST-prioritise place of business, fixed establishment, then residence.
    Location of the supplier of services determines place of supply under GST/IGST by a hierarchical rule: (a) location of the registered place of business; (b) location of the fixed establishment when supply is made from another place; (c) location of the establishment most directly concerned where multiple establishments are involved; and (d) otherwise the usual place of residence of the supplier.
    Act RulesGST
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    Location of recipient of services determines place of supply; prioritise registered business, fixed establishment, most concerned establishment, then residence.
    The location of the recipient of services is determined hierarchically: (a) the location of the registered place of business where the supply is received; (b) if received at a place other than the registered place, the location of the fixed establishment elsewhere; (c) where received at multiple establishments, the establishment most directly concerned with receipt; and (d) if none of these exist, the usual place of residence of the recipient. The IGST Act contains the same hierarchical definition.
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    Taxability of gifts expanded to all assessees; assets received without adequate consideration treated as taxable income.
    The amendment inserts a new clause in subsection (2) of section 56 to tax assets received without or for inadequate consideration across all categories of assessees, subsuming earlier clause-based provisions that applied only to individuals, HUFs or certain share receipts, and rationalises the exceptions by revising and adding specified carve-outs while sunsetting the earlier clauses.
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    Cost of acquisition rules: cutoff date advanced, altering use of prior fair market value for long-term capital assets.
    Amendment to section 55 advances the statutory cut-off date used to compute cost of acquisition and cost of improvement for long-term capital assets: where an asset was acquired before the new cut-off date, its cost of acquisition is to be treated as the asset's value on that cut-off date and cost of improvement is recognised only if incurred after that date, with fair market value at the cut-off date available as the basis. The amendment is effective from 1st April, 2018 and applies to the assessment year 2018-2019 onwards.
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    Capital gains exemption expanded to include government notified bonds, widening eligible investments for deferring tax on long term gains.
    Amendment to section 54EC broadens the definition of qualifying instruments by allowing the Central Government to notify additional specified bonds beyond the previously listed redeemable bonds, thereby expanding the range of investments that can be used to claim the capital gains exemption; the amendment takes effect from the stated commencement and applies to the indicated assessment year and subsequent years.
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    Fair market value deemed consideration for unquoted share transfers, altering capital gains valuation under prescribed rules.
    The fair market value of unquoted company shares, determined in the prescribed manner, is to be deemed the full value of consideration for computing capital gains on transfer; a statutory definition of "quoted share" is to be provided and the rule applies prospectively from the stated effective date.

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      CUSTOMS - OTHER PROPOSALS INVOLVING CHANGES IN BASIC CUSTOMS DUTY RATES IN NOTIFICATIONS

      24 July, 2024

      Contents
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      Union Budget 2024-25 (Full) + FINANCE (No.2) Bill, 2024

      A.

      Changes in Basic Customs Duty (to be effective from 24.07.2024)

      Rates of Duty

      S. No.

      Chapter, Heading, sub- heading, tariff item

      Commodity

      From

      To

      I.

       

      Agricultural Products

       

       

      1.

      1207 99 90

      Shea nuts

      30%

      15%

      II.

       

      Aquafarming & Marine Exports

       

       

      1.

      0306 36

      Live SPF Vannamei shrimp (Litopenaeus vannamei) broodstock

      10%

      5%

      2.

      0306 36

      Live Black tiger shrimp (Penaeus monodon) broodstock

      10%

      5%

      3.

      0306 36 60

      Artemia

      5%

      Nil

      4.

      0511 91 40

      Artemia cysts

      5%

      Nil

      5.

      0308 90 00

      SPF Polychaete worms

      30%

      5%

      6.

      1504 20

       Fish lipid oil for use in manufacture of aquatic feed

      15%

      Nil

      7.

      1504 20

       Crude fish oil for use in manufacture of aquatic feed

      30%

      Nil

      8.

      1518

      Algal Oil for use in manufacture of aquatic feed

      15%

      Nil

      9.

      2102 20 00

      Algal Prime (flour) for use in manufacture of aquatic feed

      15%

      Nil

      10.

      2309 90 90

      Mineral and Vitamin Premixes for use in manufacture of aquatic feed

      5%

      Nil

      11.

      2301 10 90

      Insect meal for use in Research & Development purposes in aquatic feed manufacturing

      15%

      5%

      12.

      2309 90 90

      Single Cell Protein from Natural Gas for use in Research & Development purposes in aquatic feed manufacturing

      15%

      5%

      13.

      2301 20

      Krill Meal for use in manufacture of aquatic feed

      5%

      Nil

      14.

      1901

      Pre-dust breaded powder for use in processing of sea-food

      30%

      Nil

      15.

      2309 90 31

      Prawn and shrimps feed

      15%

      5%

      16.

      2309 90 39

      Fish feed

      15%

      5%

      III.

       

      Critical Minerals

       

       

      1.

      2504

      Natural Graphite

      5%

      2.5%

      2.

      2505

      Natural sands of all kinds, whether or not coloured, other than metal bearing sands of chapter 26 of The Customs tariff Act, 1975

      5%

      Nil

      3.

      2506

      Quartz (other than natural sands); quartzite, whether or not roughly trimmed or merely cut, by sawing or otherwise, into blocks or slabs of a rectangular (including square) shape

      5%

      2.5%

      4.

      2530 90 91

      Strontium sulphate (natural ore)

      5%

      Nil

      5.

      2603 00 00

      Copper ores and concentrates

      2.5%

      Nil

      6.

      2605 00 00

      Cobalt ores and concentrates

      2.5%

      Nil

      7.

      2609 00 00

      Tin ores and Concentrates

      2.5%

      Nil

      8.

      2611 00 00

      Tungsten Ores and Concentrates

      2.5%

      Nil

      9.

      2613

      Molybdenum ores and concentrates

      2.5%

      Nil

      10.

      2615 10 00

      Zirconium ores and concentrates

      2.5%

      Nil

      11.

      2615 90

      Hafnium Ores and concentrates

      2.5%

      Nil

      12.

      2615 90 10

      Vanadium ores and concentrates

      2.5%

      Nil

      13.

      2615 90 20

      Niobium or tantalum ores and concentrates

      2.5%

      Nil

      14.

      2617

      Antimony Ores and Concentrates

      2.5%

      Nil

      15.

      2804 50 20

      Tellurium

      5%

      Nil

      16.

      2804 61 00

      Silicon, containing by weight not less than 99.99% of silicon

      5%

      Nil

      17.

      2804 69 00

      Other silicon

      5%

      Nil

      18.

      2804 90 00

      Selenium

      5%

      Nil

      19.

      2805 30 00

      Alkali or alkaline earth metals, Rare-earth metals, scandium and yttrium, whether or not intermixed or inter alloyed

      5%

      Nil

      20.

      2811 22 00

      Silicon dioxide

      7.5%

      2.5%

      21.

      2815 20 00

      Potassium hydroxide

      7.5%

      Nil

      22.

      2816 40 00

      Oxides, hydroxides and peroxides, of strontium or barium

      7.5%

      Nil

      23.

      2822 00 10

      Cobalt oxides

      7.5%

      Nil

      24.

      2822 00 20

      Cobalt hydroxides

      7.5%

      Nil

      25.

      2822 00 30

      Commercial cobalt oxides

      7.5%

      Nil

      26.

      2825 20 00

      Lithium oxide and hydroxide

      7.5%

      Nil

      27.

      2825 30

      Vanadium oxides and hydroxides

      2.5%/7.5%

      Nil

      28.

      2825 60 10

      Germanium oxides

      7.5%

      Nil

      29.

      2825 70

      Molybdenum oxides and hydroxides

      7.5%

      Nil

      30.

      2825 80 00

      Antimony oxides

      7.5%

      Nil

      31.

      2825 90 20

      Cadmium oxides

      7.5%

      Nil

      32.

      2827 35 00

      Chlorides of Nickel

      7.5%

      Nil

      33.

      2827 39 30

      Strontium chloride

      7.5%

      Nil

      34.

      2833 24 00

      Sulphates of Nickel

      7.5%

      Nil

      35.

      2834 21 00

      Nitrates of potassium

      7.5%

      Nil

      36.

      2836 91 00

      Lithium carbonates

      7.5%

      Nil

      37.

      2836 92 00

      Strontium carbonates

      7.5%

      Nil

      38.

      2841 90 00

      Salts of oxometallic or peroxometallic acids of Beryllium and Rhenium

      7.5%

      Nil

      39.

      2846

      Compounds, inorganic or organic of rare earth metals

      7.5%

      Nil

      40.

      2918 15 30

      Bismuth citrate

      7.5%

      Nil

      41.

      3801

      Artificial Graphite, colloidal or semi-colloidal graphite, preparations based on graphite or other carbon in form of pastes, blocks, plates or other semimanufactures

      7.5%

      2.5%

      42.

      8001

      Unwrought Tin

      5%

      Nil

      43.

      8101 94 00

      Unwrought tungsten, including bars and rods obtained simply by sintering

      5%

      Nil

      44.

      8102 94 00

      Unwrought molybdenum, including bars and rods obtained simply by sintering

      5%

      Nil

      45.

      8103 20

      Unwrought tantalum, including bars and rods obtained simply by sintering, powders

      5%

      Nil

      46.

      8105 20 20

      Cobalt, unwrought

      5%

      Nil

      47.

      8106 10 10

      Bismuth, unwrought

      2.5%

      Nil

      48.

      8109 21 00

      Unwrought zirconium, powders, Containing less than 1 part hafnium to 500 parts zirconium by weight

      10%

      Nil

      49.

      8110 10 00

      Unwrought antimony, powders

      2.5%

      Nil

      50.

      8112 12 00

      Beryllium unwrought, powders

      5%

      Nil

      51.

      8112 31

      Hafnium unwrought, waste and scrap, powders

      10%

      Nil

      52.

      8112 41 10

      Rhenium unwrought

      10%

      Nil

      53.

      8112 69 10

      Cadmium unwrought, powders

      5%

      Nil

      54.

      8112 69 20

      Cadmium, wrought

      5%

      Nil

      55.

      8112 92 00

      (ii) Unwrought; waste and scrap; powder of, -

      (i) Gallium

      (ii) Germanium

      (iii) Indium

      (iv) Niobium

      (v) Vanadium

      5%

      Nil

      IV.

       

      Steel Sector

       

       

      1.

      7202 60 00

      Ferro Nickel

      2.5%

      Nil

      2.

      7204

      Ferrous Scrap

      Nil (till 30.09.2024)

      Nil (till 31.03.2 026)

      3.

      7225

      Certain specified raw materials for manufacture of CRGO steel

      Nil (till 30.09.2024)

      Nil (till 31.03.2 026)

      V.

       

      Copper

       

       

      1.

      7402 00 10

      Blister Copper

      5%

      Nil

      VI.

       

      Chemicals and Plastics

       

       

      1.

      3102 30 00

      Ammonium Nitrate, whether or not in aqueous solution

      7.5%

      10%

      2.

      3920 (other than 3920 99 99) or 3921

      All goods other than Poly vinyl chloride (PVC) flex films/flex banner

      25% (with effect from 24.07.2024)

      10%

      3.

      3920 99 99

      All goods other than Poly vinyl chloride (PVC) flex films/flex banner

      25% (with effect from 24.07.2024)

      15%

      VII.

       

      Textile and Leather Sector

       

       

      1.

      2929 10 90

      Methylene Diphenyl Di-isocyanate (MDI) for use in the manufacture of Spandex Yarn

      7.5%

      5% Subject to IGCR conditions

      2.

      41

      Wet white, Crust and finished leather for manufacture of textile or leather garments, leather /synthetic footwear or other leather products, for export

      10%

      Nil Items under Sl. No. 257B and 257C of Notification 50/2017 - Customs, dated 30.06.2017

      3.

      38,48 or any other Chapter

      Certain additional accessories and embellishments for manufacture of textile or leather garments, leather/synthetic footwear or other leather products, for export

      As applicable

      Nil Items under Sl. No. 257B and 257C of Notification 50/2017 - Customs, dated 30.06.2017

      4.

      0505 10

      Real Down Filling Material from Duck or Goose for use in the manufacture of textile or leather garments for export

      30%

      10%

      VIII.

       

      Cancer Drugs

       

       

      1.

      30

      (i) Trastuzumab Deruxtecan,

      (ii) Osimertinib,

      (iii) Durvalumab

      10%

      Nil

      IX.

       

      Precious Metals

       

       

      1.

      7108

      Gold bar

      15%

      6%

      2.

      7108

      Gold dore

      14.35%

      5.35%

      3.

      7106

      Silver bar

      15%

      6%

      4.

      7106

      Silver dore

      14.35%

      5.35%

      5.

      7110

      Platinum, Palladium, Osmium, Ruthenium, Iridium

      15.4%

      6.4%

      6.

      7118

      Coins of precious metals

      15%

      6%

      7.

      7113

      Gold/Silver findings

      15%

      6%

      8.

      71

      Platinum and Palladium used in the manufacture of noble metal solutions, noble metal compounds and catalytic convertors

      7.5%

      5%

      9.

      84

      Bushings made of platinum and rhodium alloy when imported in exchange of worn out or damaged bushings exported out of India

      7.5%

      5%

      X.

       

      Medical Equipment

       

       

      1.

      39

      All types of polyethylene for use in manufacture of orthopaedic implants falling under sub-heading 9021 10

      As applicable

      Nil

      2.

      39, 72, 81

      Special grade stainless steel, Titanium alloys, Cobalt-chrome alloys, and All types of polyethylene for use in manufacture of other artificial parts of the body falling under sub-heading 9021 31 or 9021 39

      As applicable

      Nil

      3.

      9022 30 00

      X-ray tubes for use in manufacture of X-ray machines for medical, surgical, dental or veterinary use

      15%

      5% (till 31st March 2025)

      7.5% (w.e.f 1st April, 2025 to 31st March, 2026)

      10% (w.e.f 1st April, 2026)

      4.

      9022 90 90

      Flat panel detectors (including scintillators) for use in manufacture of X-ray machines for medical, surgical, dental or veterinary use

      15%

      5% (till 31st March 2025)

      7.5% (w.e.f 1st April, 2025 to 31st March, 2026)

      10% (w.e.f 1st April, 2026)

      XI.

       

      IT and Electronics Sector

       

       

      1.

      8517 13 00, 8517 14 00

      Cellular mobile phone

      20%

      15%

      2.

      8504 40

      Charger/Adapter of cellular mobile phone

      20%

      15%

      3.

      8517 79 10

      Printed Circuit Board Assembly (PCBA) of cellular mobile phone

      20%

      15%

      4.

      28, 29, 38

      Specified parts for use in manufacture of connectors

      5%/7.5%

      Nil

      5.

      74

      Oxygen Free Copper for use in manufacture of Resistors

      5%

      Nil

      6.

      40

      Specified die-cut parts for use in manufacture of cellular mobile phones

      As applicable

      Nil

      7.

      40, 70, 76

      Specified mechanics for use in manufacture of cellular mobile phones

      As applicable

      Nil

      8.

      8517 79 10

      Printed Circuit Board Assembly (PCBA) of specified telecom equipment

      10%

      15%

      XII.

       

      Renewable Energy Sector

       

       

      1.

      84, 85, or any other chapter

      Specified capital goods for use in manufacture of solar cells or solar modules, and parts for manufacture of such capital goods

      7.5%

      Nil

      2.

      7007

      Solar glass for manufacture of solar cells or solar modules

      Nil

      10% (w.e.f. 1.10.20 24)

      3.

      74

      Tinned copper interconnect for manufacture of solar cells or solar modules

      Nil

      5%(w.e.f 1.10.20 24)

      XIII.

       

      Shipping

       

       

      1.

      Any Chapter

      Components and consumables for use in manufacture of specified vessels

      As applicable

      Nil

      2.

      Any Chapter

      Technical documentation and spare parts for construction of warships

      As applicable

      Nil

      XIV.

       

      Capital goods

       

       

      1.

      Any Chapter

      Goods under S. No. 404 of Notification No. 50/2017 Customs, used for petroleum exploration operations

      As applicable

      Nil

      B.

      Changes in Export Duty (To be effective from 24.7.2024)

      Effective export duty on raw skins, hides & leather is being simplified and rationalized. The changes are as follows -

      Rate of Duty

      S. No.

      Chapter or Heading

      Commodity

      From

      To

      1.

      4101 to 4103

      Raw Hides & skins, all sorts (other than buffalo)

      40%

      40%

      2.

      4101

      Raw Hides & skins of buffalo

      30%

      30%

      3.

      4104 to 4106

      Tanned or crust hides of skins, whether or not split, but not further prepared

      40

      20%

      4.

      4104 to 4106

      E.I. tanned leather

      Nil

      Nil

      5.

      41

      Finished leather as defined by DGFT finished leather norms

      Nil

      Nil

      6.

      4301

      Raw fur skins

      60%/10%

      40%

      7.

      4302

      Tanned or dressed furskin

      60%

      20%


      Full Text:

      Union Budget 2024-25 (Full) + FINANCE (No.2) Bill, 2024

      Topics

      ActsIncome Tax