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    Act RulesIncome Tax
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    Significant economic presence expands source taxation, bringing digital interactions and remote services within the domestic tax net.
    Section 9 sets an expansive source taxation rule deeming income to accrue or arise domestically where linked to domestic assets, a business connection (including agents), transfers of capital assets situated domestically, salary earned or payable for services linked to domestic performance, dividends of domestic companies, interest subject to exceptions (including separate taxation of interest of an Indian permanent establishment of a foreign bank), and royalty and technical fees; it introduces significant economic presence tests for digital/user-based connections and leaves key thresholds and valuation mechanics to subordinate rules.
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    Deemed transfer of distributed assets treated as taxable at entity level; fair market value sets consideration and guidelines now open-ended.
    Section 8 treats receipt by a partner or member of capital assets or stock-in-trade from a non-company specified entity on dissolution or reconstitution as a deemed transfer by the entity, with profits or gains taxed at the entity level and the full value of consideration deemed to be the fair market value on the date of receipt; the Board may issue guidelines with prior Central Government approval and parliamentary laying, and the enacted text removes the Bill's two-year sunset on that guideline-making power.
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    Residence in India: income-linked deeming now captures high-income returning citizens visiting short-term, and POEM defines company residence.
    Section 6 prescribes residence tests combining day-count rules (182-day and 60/365 tests), categorical exceptions for ship crew and visiting citizens/PIOs, an income-linked modification that extends the shorter day-count threshold for higher-income returning citizens, a deeming rule capturing citizens not taxable elsewhere, company residence via Indian status or Place of Effective Management, and a deeming provision that applies residence across all income sources; As Passed drafting clarifies interplay between the visiting exception and income-based modification and contains minor typographical refinements.
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    Scope of total income: residents taxed broadly with limited foreign income inclusion for not ordinarily resident persons.
    Section 5 sets the scope of total income by applying receipt and accrual tests: residents are taxed on income received or deemed received in India, income accruing or arising or deemed to accrue or arise in India, and foreign income only in limited cases for a person who is not ordinarily resident (foreign income included when derived from a business controlled in India or a profession set up in India). Non residents are taxed on income received or deemed received in India and income accruing or arising or deemed to accrue or arise in India. The section also prevents balance sheet inclusion from constituting receipt and bars double inclusion on accrual and receipt bases.
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    Charge of income-tax: linkage to central rates and application to total income, with withholding and advance payment obligations.
    Section 4 links the charge of income-tax to rates enacted by a Central Act, charges income-tax on the total income of the tax year of every person (while allowing charging for other specified periods), includes any additional income-tax by whatever name, and requires deduction/collection at source and advance payment for income chargeable under the section.
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    Stamp duty value treated as a notional benchmark for tax valuations, overriding conflicting valuation laws for tax purposes.
    Section 2(105) defines stamp duty value as the value adopted, assessed or assessable by a Central or State authority for stamp duty on immovable property, where "assessable" is expressly a notional value the authority would have adopted if referred the matter, and that definition applies irrespective of anything to the contrary in any other law in force.
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    Holding-period tiers determine capital gain classification with a shorter threshold for listed securities and specific fund units.
    Definition of short-term capital asset establishes a two-tier holding-period regime for capital gains classification, retaining a general holding-period test and a shorter test for listed securities, units of the Unit Trust of India, units of equity-oriented funds and zero-coupon bonds; detailed rules determine inclusion, exclusion and commencement of holding periods on liquidation, corporate reorganisations, conversions, allotments, renunciations, free allotments and GDR redemptions, with certain technical matters deferred to prescribed rules.
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    Definition of company in which the public are substantially interested: drafting variance may create conjunctive interpretation risk affecting tax classification.
    Clause 2 supplies a comprehensive glossary for the Income-tax Act, 2025, defining terms such as company, capital asset, income and virtual digital asset, often with cross-references, provisos and delegated prescriptions; clause 2(29)'s categories for a company in which the public are substantially interested are materially consistent between Bill and Act, but the Bill's connector wording risked a conjunctive reading of alternative tests that the Act's later disjunctive phrasing rectifies, creating interpretive consequences for tax classification and related compliance.
    Act RulesIncome Tax
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    Definition of company clarified; temporal qualification in transitional limb may narrow which historic entities remain within tax scope.
    Section 2 supplies statutory definitions that determine tax coverage. The definition of company comprises Indian companies, foreign bodies corporate, entities assessable as companies under the repealed Act, and Board declared entities. The Bill adds a temporal qualification limiting entities assessed under the prior Act to particular assessment years; the Act text omits this qualification. Scattered drafting and cross reference differences exist. Operational consequences hinge on threshold facts (shareholding, listing, assessment history, population/distance tests) and on unstated transitional provisions.
    Act RulesIncome Tax
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    Capital asset definition updated to include IFSC-regulated funds and broaden unit-linked policies, affecting capital gains treatment.
    The Act retains an inclusive definition of capital asset with exceptions for stock-in-trade, specified personal effects and certain agricultural land, while refining the securities limb to expressly include securities held by FIIs and investment funds regulated under SEBI or IFSC regimes and removing a temporal issuance-date qualifier for unit-linked insurance policies, thereby broadening the category of policies treated as capital assets; numerous drafting and cross-reference clarifications aim to reduce interpretive uncertainty.
    Act RulesBills
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    Negative list of specified goods narrows eligibility for investment tax incentives and consolidates explanatory clarifications in law.
    SCHEDULE-XIII establishes a negative list of fifteen specified articles excluded from certain investment-linked tax incentives, consolidating explanatory clarifications into the main text and streamlining obsolete entries. Referenced to section 45(2)(c) and (d) of the Bill, the Schedule preserves policy continuity-excluding luxury, non-essential, and public-health-sensitive goods-while aiming to reduce interpretive ambiguity and improve legislative clarity. The drafting changes and omissions reflect a modernization and simplification of the earlier SCHEDULE 11, though some item inclusions and obsolete entries indicate a continuing need for periodic review and alignment with broader tax and policy frameworks.
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    Statutory classification of minerals determines which mineral activities qualify for tax incentives under income tax law by listing specified minerals and associated groups; SCHEDULE XII (2025) reproduces SCHEDULE 07 (1961) verbatim in substance, enumerating 27 minerals and 16 associated groups as the determinative reference for eligibility of capital expenditure on prospecting, extraction and processing, while leaving interpretive issues (broad terms, technical thresholds, typographical inconsistencies) that may require periodic review and clearer definitions.
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    Recognised Provident Fund rules modernised, clarifying recognition conditions, tax treatment of contributions, portability, and trustee obligations.
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    Act RulesBills
    Show AI Summary
    Insurance business taxation: updated rules tie taxable profits to actuarial surplus and reorganized disallowance cross-references.
    Schedule-XIV requires separate computation of life insurance profits by annual averaging of actuarial surplus/deficit from the last inter-valuation period, with add-backs of inadmissible expenditures under the reorganized disallowance provisions; it updates crediting rules for tax paid during multi-year valuation periods, prescribes profit computation and specified add-backs and deductions for other insurance business (including treatment of investment gains/losses and reserves for unexpired risks), and provides a proportional premium-based deeming rule for non-resident insurers, while streamlining interpretative definitions.
    Act RulesBills
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    Removal of difficulties powers permit executive adaptation of tax law during statutory transition subject to safeguards and oversight.
    Clause 535 grants the Central Government power to issue orders to remove implementation difficulties in the Income Tax Bill, 2025, provided such orders are not inconsistent with the Act; it expressly permits adaptations of the prior law for assessments up to the tax year ending 31 March 2026, limits the power to three years from 1 April 2026, and requires that every order be laid before both Houses of Parliament.
    Act RulesBills
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    Repeal and savings provisions ensure continuity of tax rights, proceedings and carry forwards during statutory transition to the new code.
    Clause 536 formally repeals the Income tax Act, 1961 while preserving prior operations, rights, obligations, pending proceedings, recoveries and administrative instruments by saving elections, carry forward of losses and credits, conditional deduction rules, continuation of penal and search proceedings initiated before commencement, and by applying Section 6 of the General Clauses Act, thereby ensuring legal and administrative continuity during transition to the new tax code.
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    Legislative oversight of delegated tax rules: parliamentary laying enables modification or annulment while preserving prior actions.
    Clause 534 mandates that specified subordinate tax instruments-rules under the Act, Appellate Tribunal procedural rules, and notifications under designated provisions including Chapter XIII G-be laid before each House of Parliament promptly for a cumulative thirty days. If both Houses agree within the following session to modify or annul an instrument, it will thereafter take effect only in the modified form or be of no effect, while a without prejudice clause preserves the validity of actions previously taken under that instrument.
    Act RulesBills
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    Rule-making powers: Board may frame subordinate tax rules under government control, with limits on prejudicial retrospective application.
    Clause 533 vests the Central Board of Direct Taxes with broad rule-making authority, subject to Central Government control, to frame subordinate legislation for carrying out the purposes of the Income Tax Act. It prescribes an illustrative list of subjects - including income ascertainment, depreciation, procedural matters, electronic filing and international taxation - empowers estimation methods where precise computation is impracticable, and restricts retrospective rules so as not to prejudice assessees unless expressly permitted, all while remaining subject to ultra vires review.
    Act RulesBills
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    Rescission of tax exemptions enables government withdrawal of legacy territorial tax benefits, raising procedural fairness and treaty questions.
    Clause 531 empowers the Central Government to rescind previously granted tax exemptions, rate reductions, or modifications for specified Union territories by general or special order. Focused solely on withdrawal, the provision applies to any assessee or class of assessees and to part or whole of income, is not time limited, and lacks statutory procedural safeguards, leaving only administrative law principles as constraints and raising questions about retrospectivity, legitimate expectations, and treaty-based concessions.
    Act RulesBills
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    Interim tax charging provision ensures continuity, applying the more favourable provision to taxpayers pending enactment.
    Clause 530 provides that if, on the first day of a tax year, no Central Act has been enacted to charge income tax, the Act shall operate until such provision is made as if either the provision in force in the preceding tax year or the provision proposed in the Bill before Parliament were in force, whichever is more favourable to the assessee, thereby ensuring continuity of assessment and collection pending enactment.

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

      24 July, 2024

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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