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    Appellate scope reform consolidates appealable orders, enables faceless appeals and transfers while preserving rehearing safeguards.
    Clause 356 prescribes an exhaustive list of appealable orders before the Joint Commissioner (Appeals), defines "status" by cross reference, prohibits appeals where orders are passed by or with approval of authorities above Deputy Commissioner, and empowers the Board to transfer appeals between JCIT(A) and Commissioner (Appeals) with a mandated opportunity of rehearing. It formally enables a government notified faceless disposal scheme-permitting elimination of physical interface and modification of procedural provisions-and authorizes the Board to exclude specified cases or classes from the section's operation.
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    Right of appeal to High Court preserves judicial review over advance rulings with limited condonation and streamlined procedure.
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    Procedural autonomy for advance rulings enables the Board to set its own procedures, heightening calls for transparency and safeguards.
    Clause 388 vests the Board for Advance Rulings with broad power to regulate its own procedure, subject to the relevant Chapter, enabling the Board to prescribe filing rules, hearing modes, timelines, evidence protocols, order formats and confidentiality mechanisms, while the institutional shift from a quasi judicial Authority to an administrative Board raises concerns about explicit natural justice safeguards, transparency, consistency and the scope of judicial review.
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    Advance Rulings powers modernisation clarifies BAR's quasi judicial authority and civil court powers under reformed procedural codes.
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    Void ab initio of advance rulings: fraud or misrepresentation may nullify rulings and restore ordinary tax provisions.
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    Jurisdictional bar on parallel proceedings preserves advance rulings' exclusivity for resident applicants and prevents conflicting adjudication.
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    Advance ruling procedure secures binding tax guidance with hearing rights, grounds for rejection, and mandatory communication.
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    Advance ruling procedure: streamlined application process with prescribed form, quadruplicate filing, fee and a thirty day withdrawal window.
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    Vacancies and defects immunity preserves validity of advance rulings to prevent collateral challenges and ensure procedural continuity.
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    Board for Advance Rulings centralizes administrative advance rulings, prioritizing efficiency but raising independence and legal robustness concerns.
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    Advance ruling mechanism provides pre transactional tax certainty and access controls for cross border and GAAR related issues.
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    Dispute Resolution Committee provides an opt-in ADR path reducing penalties and granting prosecution immunity for minor tax disputes.
    Clause 379 creates an opt in Dispute Resolution Committee to resolve minor tax disputes by allowing modification of assessment variations, reduction or waiver of penalties, and grant of immunity from prosecution, with Assessing Officers required to implement DRC directions within a prescribed short timeframe; eligibility is confined by a monetary ceiling on variations, exclusions for search/survey or international information cases, and an income threshold as reported in returns, while procedural details and disqualifications are to be prescribed in subordinate rules.
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    Set-off of tax refunds: authority to adjust refunds against outstanding dues with written intimation and time limited withholding.
    Clause 438 authorises specified tax officers to set off any refund due against sums remaining payable by the taxpayer, subject to mandatory written intimation. If assessment or reassessment proceedings are pending, the Assessing Officer may withhold the refund for a limited, time bound period, but only after recording reasons in writing and obtaining prior approval from the Principal Commissioner or Commissioner. The clause streamlines language from Section 245, narrows discretionary grounds for withholding by focusing on pendency of proceedings, and retains procedural safeguards without specifying priority among kinds of dues.
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    Interest on tax refunds: prescribed entitlement and computation rules ensure compensation for delayed refunds and administrative resolution.
    Clause 437 provides a statutory entitlement to interest on delayed tax refunds, specifying commencement dates for interest based on refund source (advance tax, TCS, tax treated as paid, self-assessment, rectification or excess payment), a materiality threshold exempting trivial refunds, extension of entitlement to deductors, exclusion of periods of delay attributable to the taxpayer or deductor, additional interest for appellate or revision order-related refunds, adjustment and recovery mechanisms for varied refund amounts, and administrative resolution of disputes on excluded periods by a senior tax authority.
    Act RulesBills
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    Finality of assessments: refund claims limited to refunds for wrongly paid or excess tax, not re litigation of settled assessments.
    Clause 436 prevents an assessee, in refund claims, from questioning or seeking review of any assessment or matter that has become final and conclusive; relief in such claims is limited to refund of tax wrongly paid or paid in excess and the provision must be read with appeal, rectification and revision mechanisms to avoid undermining corrective powers elsewhere in the statute.
    Act RulesBills
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    Automatic refunds on appellate or statutory orders require proactive AO disbursement, subject to reassessment and annulment limits.
    Automatic refunds are mandated when appellate or other statutory orders reduce or annul tax liability, requiring the Assessing Officer to refund excess amounts without a claim, except where the Act provides otherwise. Refunds become due only after a fresh assessment when an order directs reassessment, and where an assessment is annulled the refund is limited to the excess tax paid over tax chargeable on the returned total income. The provision preserves AO obligations, exceptions for set off or stay, and separates principal refund rules from interest entitlement.
    Act RulesBills
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    TDS refund mechanism for deductors clarifies eligibility, prescribed application procedure, and time bound AO orders.
    Clause 434 creates a statutory TDS refund mechanism allowing a deductor who, under a written agreement, bore withholding tax and later claims no deduction was legally required to apply for refund in the prescribed form; the Assessing Officer must inquire as necessary, provide the applicant an opportunity to be heard, and pass a written order allowing or rejecting the claim within the specified time frame.
    Act RulesBills
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    Return-based refund claims must be made through the income tax return, tying refund limitation to return filing timelines.
    Clause 433 requires that every refund claim be made by furnishing the return of income under section 263, making return filing the exclusive procedural vehicle for refund claims and implicitly tying limitation to the return filing timelines without providing express condonation or separate application mechanisms.
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    Refund entitlement: clubbed-income payee and authorised representatives may claim tax refunds when taxpayer cannot act.
    The clause entitles the person in whose total income clubbed income is included to claim the refund attributable to that income, and authorises a legal representative, trustee, guardian or receiver to claim or receive refunds on behalf of a taxpayer who cannot do so because of death, incapacity, insolvency, liquidation or similar cause; procedural formalities and limitation issues are left to subordinate rules and practice.
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    Tax refund entitlement preserved: statutory right maintained under new bill with procedural verification by Assessing Officer.
    Clause 431 preserves a statutory right to a refund where a person satisfies the Assessing Officer that tax paid, paid on or treated as paid on their behalf for a tax year exceeds the amount properly chargeable; it covers direct payments and deemed payments (TDS/TCS, advance tax), places an initial procedural burden on the taxpayer, and mirrors Section 237 of the 1961 Act except for the shift from assessment year to tax year, with attendant implications for temporal reference, procedural integration, and ancillary issues such as interest, set offs and standards of verification.

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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