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Case Laws Income Tax
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Vested rights preserved against retrospective tax amendments; filings made before enactment remain effective for settlement consideration.
The court addressed whether a retrospective Finance Act amendment prohibiting settlement applications from a specified date could divest a taxpayer who filed earlier of its vested right to have the application considered. It held that retrospective legislation cannot take away rights already accrued by actions completed before enactment unless clearly intended; that section 119 confers time-extension power but cannot impose new substantive eligibility conditions; and that administrative delay by revenue does not justify denying access where an application was already filed.
Case Laws Income Tax
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Reasonable classification principle: differential deadline for charitable trust tax recognition cannot lack rational basis or equality protection.
A departmental circular extended a filing deadline for tax recognition to mitigate hardship but excluded newly formed charitable trusts without offering reasons; the exclusion lacked an intelligible differentia and rational nexus to the circular's object, making the differential treatment arbitrary and ultra vires the constitutional guarantee of equality, requiring the excluded applications to be treated as within time and decided on merits.
Case Laws Income Tax
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ITSC jurisdiction extends beyond application disclosures, while full and true disclosure and narrow judicial review govern settlement oversight.
The Income Tax Settlement Commission may inquire into and decide issues disclosed in the application and any other matters relating to the case as reflected in the Commissioner's report or uncovered by further inquiry; full and true disclosure is mandatory and amendments or contradictory positions that undermine that requirement are impermissible, yet contesting taxability before the Commission does not automatically negate disclosure; judicial review is limited to statutory contravention, prejudice, fraud, bias or malice, while sufficiency of materials placed before the Commission is generally beyond routine court scrutiny.
Case Laws Income Tax
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Delay condonation denied where litigant's evasive conduct and non participation failed to constitute sufficient cause for appeal filing.
The court refused condonation of delay for filing an appeal where a best judgment assessment treated cash bank deposits as unexplained after the assessee failed to file returns or participate in proceedings; reliance on transition to a faceless e filing regime and lack of alerts was held insufficient, as the assessee's evasive and habitual non participation did not amount to sufficient cause warranting condonation under the applicable doctrine.
Case Laws Income Tax
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Sufficient cause for delay in filing appeals rejected where faceless scheme migration did not excuse prolonged inaction.
The court held that migration to a faceless appeal system did not, without persuasive evidence, constitute sufficient cause to condone a lengthy delay in filing an appeal, finding the explanation reflective of litigant inaction rather than unavoidable impediment. On tax deduction, the court applied authority that a non-obstante clause does not negate the employer's obligation to deposit employees' statutory contributions by the due date as a condition for claiming the deduction, and treated the appeal as meritless and barred by limitation.
Case Laws Income Tax
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Source of source doctrine used to pierce the corporate veil where share capital appears round tripped among related entities.
The assessee must prove identity, genuineness and creditworthiness of investors under section 68; examination extends to the true origin of funds where bank records show circular transfers, related party directorships, lack of business operations, and arbitrary share premium, permitting lifting the corporate veil and application of the source of source doctrine to treat such receipts as not satisfactorily explained.
Case Laws Income Tax
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Transfer of assessment proceedings for coordinated investigations and administrative convenience upheld where procedural safeguards and factual links exist.
The judgment explains that transfers of assessment proceedings pursuant to the statutory transfer power may be justified for coordinated enquiries and administrative convenience, provided the decision is not capricious or mala fide. Authorities must afford an opportunity to be heard and consider objections; where factual indicia exist - for example, disclosed transactions such as unsecured loans with searched persons - centralisation can be sustained. The convenience of the assessee is relevant but subservient to effective adjudication and tax collection, and transfers supported by procedural compliance and factual nexus are not arbitrary.
Case Laws Service Tax
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Transfer of right to use goods: contracts retaining operational control are service arrangements, not deemed sales under VAT.
The issue is whether supply agreements for cranes, trailers and tank trucks amount to a transfer of the right to use goods under the deemed sale provision. Applying the five BSNL tests-availability of goods, consensus on identity, transferee's legal right to use, exclusivity of use, and non transferability by owner-the contracts failed to meet the criteria. Contractors retained possession, crew, fuel, maintenance and liability, and transferees had only permissive use without effective control, so the arrangements were services, not deemed sales under VAT/sales tax.
Case Laws Indian Laws
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Forfeiture of earnest-money deposits under SARFAESI rules stands as a statutory consequence, limiting equitable intervention.
The analysis affirms that Rule 9(5) of the SARFAESI Rules prescribes an express statutory forfeiture of earnest-money deposits arising from auction terms, and that Sections 73 and 74 of the Indian Contract Act, 1872, addressing contractual damages, do not apply to such statutory forfeitures. Unjust enrichment and equitable considerations cannot supplant a clear statutory forfeiture, and subsequent recovery by the secured creditor does not negate the forfeiture, except in narrowly defined exceptional circumstances where equity may justify relief.
Case Laws Indian Laws
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Generality vs. enumeration principle affirms broad delegated rule making power, upholding rules that further an Act's statutory purposes.
The Court held that Rule 9(3) is intra vires because the general delegated rule making power in section 29A(1) authorises rules that carry out the Act's purposes even when not covered by enumerated heads. Applying the generality vs. enumeration principle, the Court found the enumerated matters in section 29A(2) illustrative and not restrictive, and concluded Rule 9(3) furthers the misconduct chapter's object of maintaining ethical standards and preventing wrongful threshold dismissal of genuine complaints.
Case Laws Income Tax
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Burden of proof in share premium cases: failure to prove investor identity and genuineness sustains addition under section 68.
The assessment of share premium under section 68 requires the assessee to prove the identity, creditworthiness and genuineness of investors who subscribe at a premium. The court scrutinised disparate allotments made on consecutive days, examined subscribing companies' financials, and applied the doctrine of "source of source" restrictively, holding that incorporation papers or bank payments alone do not discharge the burden. Absent cogent evidence tracing funds to lawful origin and demonstrating commercial rationale for large premiums, additions under section 68 are supportable.
Case Laws Income Tax
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Strict construction of penalty provisions prevents penalty where taxpayer disclosed omitted income before assessment notice.
The legal focal point is whether Section 271(1)(c) can be invoked where an assessee disclosed omitted income and paid differential tax before initiation of reassessment. Penal provisions require strict construction, and Explanation 1 treats a pre-notice satisfactory explanation and admission of additional income as accepted, precluding characterization as concealment. Additionally, a penalty notice must specify the particular ground for proceeding; failure to do so renders the notice defective and undermines the basis for penalty.
Case Laws Indian Laws
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Right to be heard: affected parties must receive documents underlying fraud allegations and be allowed inspection and rebuttal.
Classification of a loan account as fraud invokes the Principles of Natural Justice, requiring disclosure of the documents forming the basis of a Show Cause Notice and inspection access to bank and Resolution Professional records so the affected party can identify required documents, receive copies, and submit a meaningful reply within specified timelines, with scope to request a personal hearing.
Case Laws Income Tax
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Scope of reassessment: AO may address newly noticed income but remains constrained by the recorded reasons for reopening.
Where the AO has recorded reasons to believe income escaped assessment, the AO may assess or reassess issues that come to notice during reassessment, but if no additions or modifications are ultimately made in respect of the issues that formed the basis for reopening, the AO cannot make additions or modifications relating solely to other matters that were part of the original assessment. Explanation 3 applies only after reassessment power is validly invoked and cannot be used to deviate from or supplant the recorded reasons.
Case Laws Income Tax
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Corroboration requirement for search statements: unsupported search statements cannot sustain additions without linked incriminating material and fair cross examination.
Additions for alleged accommodation entries cannot rest solely on statements recorded during search operations; such statements require corroboration by material found in the search that is specifically linked to the assessee. The assessing officer must articulate a factual nexus between seized group material and the assessee, and procedural fairness-including provision of relevant statements and opportunity for cross-examination-is essential. Cure provisions do not validate jurisdictional defects arising from absence of requisite notice or lack of incriminating material.
Case Laws GST
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Input Tax Credit eligibility clarified: refund for unutilised ITC limited to inverted duty where input goods tax exceeds output supplies.
The court construes Section 54(3) narrowly: refund of unutilised ITC for inverted duty arises only where tax on input goods exceeds tax on output supplies. It upholds the constitutional validity of Section 16(2)(c) and Section 16(4), confirms that ITC is subject to legislatively prescribed conditions and time limits, and clarifies that the non-obstante clause in Section 16(2) does not override separate restrictions such as Section 16(4). Affected petitioners may invoke circulars and have eligible ITC claims processed where returns met the prescribed extended filing position.
Case Laws GST
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Determination of tax on unaccounted stock must proceed under Sections 73 and 74, not Section 130.
The Court held that tax determination for excess or unaccounted stock discovered in a survey must proceed under the statutory assessment procedures for undisclosed goods rather than by invoking the survey provision. The assessment code prescribes the exclusive mechanism for quantifying and demanding tax, and survey powers cannot be used to supplant the prescribed steps for computation, notice and imposition of tax or penalty on unaccounted goods.
Case Laws GST
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Record-keeping obligations: failure attracts a capped statutory penalty and invalidates arbitrary confiscation without due process.
The judgment emphasises that registered persons must maintain prescribed books and electronic records under Section 35 and related rules, and that any determination of tax on unaccounted goods must follow the show cause procedures for assessing tax liability. It finds that conditions for confiscation under Section 130 were not met and that penalties must be imposed in accordance with the statutory bifurcation in Section 122, with the offences in question attracting only the capped penalty, thereby underscoring procedural limits on enforcement powers.
Case Laws Indian Laws
Show AI Summary
Limits on Article 142: extraordinary power cannot automatically vacate interim stays; natural justice and supervisory jurisdiction must be preserved.
Limits on the Supreme Court's extraordinary jurisdiction were defined to prevent blanket, time based vacation of interim stays; equitable power cannot deprive non parties of substantive benefits or negate the right to be heard. The Court confined vacation rules to cases where interim relief was granted without notice, instructed High Courts to grant limited ad interim relief, prioritise vacation applications, avoid routine time bound disposal directives, and recognised that past automatic vacations that led to concluded trials raise finality concerns while endorsing judicial superintendence and natural justice as constitutional constraints.
Case Laws IBC
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Insolvency plan compliance: failure to acknowledge creditor claims or secure approvals undermines approved resolution plans.
The court held that a recall application grounded in lack of notice and alleged misrepresentation is maintainable under principles of natural justice. It found the resolution plan non-compliant with Section 30(2) read with Regulations 37 and 38-specifically for failing to acknowledge a creditor's claim, misrecording the payable amount, omitting secured creditor classification despite a charge, and proposing use of third-party statutory land without necessary approvals-deficiencies that materially affected the plan's transparency and treatment of creditor classes.

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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

Acts Income Tax