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Case Laws GST
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Mens rea requirement in tax penalties: technical errors without intent cannot justify penalty imposition under GST compliance.
Requirement of mens rea for imposition of tax penalties is central where e Way Bill compliance is questioned. Mere procedural or timing inconsistencies, without evidence of intent to evade tax and where valid tax invoices accompany the goods and tax has been charged, do not justify penal action. Authorities must establish culpable intent with cogent reasoning and comply with procedural and natural justice safeguards before imposing penalties.
Case Laws Income Tax
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Mandatory timelines under Section 144C require assessments to be completed within the prescribed month after DRP direction, else invalid.
Once the DRP framed directions, the Assessing Officer was obliged to complete the assessment in conformity with those directions within one month from the end of the month in which the DRP's direction was served; service by uploading the DRP directive on the ITBA portal constitutes valid service for computing that period. The procedure does not envisage further involvement of the Transfer Pricing Officer once the DRP's direction is issued and an order under the transfer pricing provision has been remitted to the AO.
Case Laws GST
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Mens rea requirement: technical expiry of an e way bill alone cannot justify a tax penalty without intent to evade.
The court held that a purely technical lapse in E Way Bill formalities - where goods were otherwise covered by two e invoices and two E Way Bills and there was no dispute on consignor, consignee or goods - does not demonstrate the mens rea necessary to impose a penalty under the tax penal provision; authorities' focus on the expired E Way Bill alone was legally insufficient given documentary explanations and absence of intent to evade tax.
Case Laws GST
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Exclusion of Limitation Act: GST Act's specific appellate time limits operate as a self contained code, barring general extensions.
The court analysed whether the GST Act's appellate limitation regime operates as a complete code excluding the general Limitation Act. It applied the principle that fiscal statutes with detailed procedural and temporal rules are to be strictly construed, treating the special statute's limitation provision as implying exclusion of the Limitation Act's extension mechanism, and emphasised policy aims of expeditious dispute resolution, revenue certainty and administrative finality.
Case Laws Income Tax
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Assessing Officer discretion in granting stay of tax demand cannot be rigidly constrained by administrative OMs, requiring case specific consideration.
The Assessing Officer's discretionary power under section 220(6) to grant stay of tax demand is not fettered by CBDT Office Memorandums; those OMs are administrative guidelines and do not mandate a uniform pre deposit. The AO must consider prima facie case, likelihood of success, and undue hardship and may require a higher, lower or no deposit depending on case specific facts. Administrative adjustment of refunds without considering a pending stay application was held arbitrary and the matter was remitted for reconsideration applying these principles.
Case Laws Income Tax
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Technical services interpretation requires specialized expertise and a demonstrable link to payments for withholding tax consequences.
Interpretation of technical services under the India Ireland DTAA requires the application or transfer of specialized knowledge, skill or expertise; incidental training or assistance enabling a reseller to market standard software does not meet that threshold. The Reseller Agreement did not contemplate technology transfer or bespoke solutions, payments were tied to reseller net revenue, and the record lacked material linking remittances to customized technical services. Authorities must establish an evidentiary and contractual nexus between payments and provision of specialized technical services before applying withholding tax under the treaty.
Case Laws GST
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Personal hearing mandate in tax proceedings: failure to afford hearing requires reconsideration and a reasoned decision.
Section 75(4) of the UPGST Act mandates that an opportunity for personal hearing be granted either upon a written request by the person chargeable with tax or penalty or whenever an adverse decision is contemplated; the disjunctive word "or" must be given its plain meaning, creating independent triggers for the hearing obligation. The court concluded the authorities failed to comply with this requirement and directed that a personal hearing be afforded and a reasoned order issued thereafter to ensure procedural fairness in tax adjudication.
Case Laws Income Tax
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Section 80G registration: provisional approval permits subsequent final registration, with commencement dated from provisional grant.
The tribunal construed the proviso-based registration mechanism to permit institutions granted provisional approval to apply for final registration, counting the date of commencement of activities from the grant of provisional approval; administrative circulars extending renewal deadlines apply to specified renewal applications and do not curtail the availability of final registration for provisionally approved institutions, while a view excluding applicants who commenced activities prior to provisional approval was considered inconsistent with the proviso scheme.
Case Laws Income Tax
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Proper service of notice: portal-only publication cannot substitute direct communication and mandates a fresh hearing.
Proper service of notice in income tax proceedings is essential to safeguard the right to be heard and facets of natural justice. Placing notices on an electronic portal without direct communication does not, by itself, satisfy statutory methods of service, and cannot be presumed to give the taxpayer effective notice. Where service in terms of the Act and Rules is not shown, affected parties are entitled to a fair opportunity to file replies and be heard, and the tax administration must provide a fresh hearing and issue an independent speaking order after considering the reply.
Case Laws GST
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Jurisdictional limits of GST officers: no proceedings against assessees assigned to counterpart authority absent cross-empowerment notification.
The judgement clarifies that appointment and delegation of powers under the Central and State GST regimes are confined to officers appointed under each statute, and that assessees allocated administratively to Central or State authorities may be lawfully proceeded against only by those authorities unless a formal cross-empowerment notification permits otherwise; no general cross-empowerment notification exists except for limited refund purposes.
Case Laws Income Tax
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Taxability of marketing contributions: non taxable where receipts are fiduciary and subject to mutuality, not royalty.
Where receipts from hotels are received with a corresponding obligation to expend them for agreed common purposes and are held in a fiduciary capacity, such marketing contributions, reward program receipts, reservation contributions and central reservation system fees are not consideration for use of intellectual property or fees for technical services and thus do not qualify as royalty or fees for included services under the India-US DTAA, particularly in the absence of a permanent establishment and where coordinate precedent on identical facts supports non taxability under the principle of mutuality.
Case Laws Income Tax
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Royalty characterization: marketing and reservation contributions treated as non-royalty under DTAA when tied to agreed-use obligations.
Whether marketing and reservation contributions from Indian hotels to a US company qualify as Royalty or Fees for Included Services under the India-USA DTAA turns on their substantive nature: the presence of a corresponding contractual obligation to apply funds for agreed marketing, advertising and reservation activities and supporting auditor evidence indicates such receipts are not consideration for making available intellectual property or technical services, distinguishing them from factual scenarios where contributions increase brand value or transfer intangible know how.
Case Laws Income Tax
Show AI Summary
Section 13A compliance: failure to meet proviso conditions bars political party exemption and informs stay assessment approach.
A registered political party's claim of exemption under Section 13A was rejected for failure to meet proviso conditions, including receipt of donations in breach of the cash donation prohibition; the tribunal treated non exempt voluntary contributions as income from other sources, disallowing deductions; allegations of mala fides were dismissed due to the party's procedural delays; and the tribunal's prima facie framework for stay applications-assessing merits, undue hardship, and likelihood of success-was upheld, with liberty to apply afresh to the tribunal given changed circumstances.
Case Laws Income Tax
Show AI Summary
Burden of Proof under section sixty eight: genuineness of share transactions must be established or treated as accommodation entries.
The dispute concerned alleged bogus long term capital gains from penny stock trading characterised as an accommodation entry; revenue contested genuineness, identity and creditworthiness of parties while assessees relied on expert and market information. Applying the doctrine of preponderance of probabilities, the court reiterated that the initial burden to prove identity and genuineness lies with the assessee, criticised inadequate enquiries by authorities, rejected expert and media reliance as a substitute for due diligence, and described the accommodation entry modus operandi leading to findings that the transactions were not satisfactorily proved.
Case Laws Income Tax
Show AI Summary
Strict compliance with exemption conditions: declaration and filing deadline mandatory; revised returns cannot introduce new exemption claims.
The Court held that both conditions for claiming the exemption-furnishing a written declaration to the assessing officer and submitting it before the due date for the original return-are mandatory and must be strictly complied with. It rejected treating the time limit as directory, distinguished deduction-related authorities, and held that a revised return cannot introduce new exemption claims or claim carry-forward benefits not made in the original return.
Case Laws Income Tax
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Retrospectivity of tax amendment: amendment held prospective; prior rule barring disallowance where no exempt income applies.
The court held that the Finance Act amendment described as "for removal of doubts" cannot be given retrospective effect where it alters prior law; the Finance Bill memorandum fixing commencement determined prospectivity, and existing Division Bench precedent that no disallowance can be made if no exempt income was earned was applied, subject to the ultimate outcome of the pending higher court challenge.
Case Laws Income Tax
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Charitable purpose clarified: statutory public bodies generally exempt; commercial receipts taxed under quantitative proviso, with annual scrutiny required.
The judgement narrows the scope of charitable purpose under Section 2(15) by treating statutory public utility bodies as generally exempt while excluding income from commercial activities beyond core regulatory or public-interest functions. Trade-promotion and non-statutory bodies may qualify if charges are nominal, but ancillary fee-generating services and high-fee providers produce taxable commercial receipts. Private trusts' advertisement income is commercial. Assessing authorities must perform yearly scrutiny and apply the proviso's quantitative limits to determine exemption eligibility.
Case Laws Income Tax
Show AI Summary
Deduction 80P eligibility turns on whether a cooperative society's banking status classifies it as a cooperative bank; AO to verify.
A cooperative society carrying on deposit-taking and lending, issuing cheques and providing banking services may fall within the banking business definition under the Banking Regulation Act; whether it qualifies as a cooperative bank under that Act-affected by its bye-laws and membership rules-must be determined by fact-specific examination to decide entitlement to the cooperative deduction.
Case Laws Income Tax
Show AI Summary
Condonation of Delay in Filing Form Ten: reasonable professional oversight accepted, delay condoned and rectification allowed.
Condonation of delay in filing Form Ten was granted where the auditor's bona fide oversight-reporting accumulation in the audit report (Form Ten B) and misconstruing separate filing requirements-led to a 361 day delay; the court found the lapse inadvertent amid pandemic conditions, accepted the explanation, quashed the refusal order and permitted rectification steps, treating the delay as condoned.
Case Laws Income Tax
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Advance tax obligation: absence of taxable income prevents dismissal of appeal for non-payment of advance tax.
The Tribunal held that the advance tax payment condition for appeal maintainability applies only when the assessee had a legal obligation to compute and pay advance tax; in the absence of taxable income no such obligation exists, and an appeal cannot be dismissed solely for non-payment of advance tax. The Tribunal directed that the matter proceed to merits with an opportunity to be heard, stressing that the payment requirement must be applied in light of factual circumstances.

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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

Acts Income Tax