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    ManualsService Tax
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    Finality of proceedings: tax assessments cannot be reopened due to another taxpayer's favourable decision without recall in the same case.
    Reopening tax assessment proceedings based on a favourable decision in another assessee's case is ordinarily not permitted; a final order in an assessee's own case remains effective until it is specifically recalled or set aside in that same proceeding.
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    Finality of unappealed decisions: unchallenged jurisdictional rulings bind the parties until lawfully reversed.
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    Finality of administrative orders follows when no appeal is filed, and remand directions limit reconsideration scope.
    An administrative order attains finality where an entitled party does not file an appeal against a Tribunal disposition; remand orders limit reconsideration to the specific issues directed by the Tribunal, and parties who do not contest merits before the Tribunal forfeit the ability to re argue those merits, so that authorities acting on remand cannot expand review beyond the remand directions.
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    Right of appeal is not inherent; it exists only when statute creates and defines it, including scope and procedure.
    The right of appeal is not inherent but is a statutory construct: appellate existence, scope and procedure must be authorized by the creating provision; omissions in citation do not automatically bar an otherwise maintainable appeal; absence of an appellate provision does not prevent an order from becoming final.
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    Reason to believe requires subjective belief grounded in material evidence, preventing arbitrary or capricious searches.
    The concept of reason to believe requires that a subjective opinion be based on material on the record, not arbitrary or whimsical; it must be held in good faith and courts may test whether the reasons have a rational and relevant connection to the formation of belief, excluding extraneous considerations.
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    Inclusive pricing does not establish passing on of tax burden; composite invoices alone do not prove unjust enrichment.
    Showing a composite price on an invoice does not, by itself, establish that the supplier passed the tax burden to customers or realized unjust enrichment; where prices remained unchanged after a tax was imposed, inclusive pricing alone is insufficient evidence that any element of tax was added to the price, and proof of an added tax component is required to infer passing on of the tax.
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    Doctrine of unjust enrichment excluded where a refund arises only after finalisation of provisional assessment.
    The doctrine of unjust enrichment does not apply to refund claims that arise after the finalisation of provisional assessments; refunds or recoveries consequent on the final determination of duty liability fall outside the interim statutory refund framework and are not barred by unjust enrichment objections.
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    Unjust enrichment doctrine not bar to refund of duty paid under protest; provisional assessments preserve refund entitlement.
    The doctrine of unjust enrichment does not bar refund claims for duty paid under protest; recoveries or refunds consequent on final determination of duty liability fall outside bars that would deny restitution. Provisional assessments and unresolved price and classification lists render clearances provisional, supporting the taxpayer's entitlement to have refund claims adjudicated on the basis of final liability rather than dismissed as struck by unjust enrichment.
    ManualsService Tax
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    Admissibility of electronic records: computerised data on CD can support service tax refund claims and show no transfer of tax burden.
    Data on compact disc (CD) can be admissible evidence for service tax refund claims where it constitutes computerised records recognised under the Information Technology Act and the Service Tax Rules. Such electronic records may also be used to prove that the incidence of service tax was not transferred to another party (absence of unjust enrichment), provided the data meets the statutory criteria for admissible computerised evidence and forms part of the assessee's maintained electronic records.
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    Limitation on refund filings: time-bar inapplicable where payments were not service tax and were excess realisations.
    Limitation under Section 11B(1) applies only to refund claims of a duty of excise and interest; payments not constituting service tax or lawful excise levy are outside that bar and may be refunded. Judicial authorities (M/s Natraj and Venkat Associates; ITC Ltd.) recognise that excess realisations beyond what the statute permits are realisations outside the Act and thus not subject to the statutory limitation on excise refunds.
    ManualsService Tax
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    Limitation on service tax refunds: late claims are barred unless tax was paid under protest.
    Refunds of amounts paid as service tax are governed by the statutory limitation provisions; where payments were credited to the service tax account and the claimant acknowledged applicability of the limitation rule, a refund claim filed after the limitation period is barred unless the tax was paid under protest.
    ManualsService Tax
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    Appellate authority power to increase penalties is limited; payment of tax and interest can justify mitigation of penalty.
    Appellate authority does not have power to increase or impose a fresh penalty; payment of tax and interest that neutralises pecuniary advantage is relevant for mitigation, and taxpayer status and proportionality are material in assessing whether a revised penalty is unduly harsh under the statutory penalty framework.
    ManualsService Tax
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    Penalty minimums prohibited from reduction: statutory scheme prevents lowering prescribed service tax penalty through discretionary provisions.
    Penalty under section 78 of the Finance Act, 1994 cannot be reduced below the statutory minimum by invoking section 80; a conjoint reading of the provisions shows no discretion to levy or reduce a penalty below the prescribed floor, and appellate bodies and tribunals cannot read such power into the statutory scheme.
    ManualsService Tax
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    Penalty under Section 76 cannot be reduced below the statutory minimum; authority's discretion is confined to the prescribed range.
    Section 76 penalty under the Finance Act, 1994 confines the authority to a legislatively prescribed minimum-to-maximum range; authorities lack power to reduce the penalty below the statutory minimum per day of default, and courts have rejected construing any additional discretion into the provision as that would amount to rewriting the statute.
    Act RulesService Tax
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    Service tax deposit obligations do not arise where tax was not invoiced or collected, limiting unjust enrichment claims.
    Where no invoice was raised and no amount was specifically collected as service tax from recipients, the statutory duty to deposit such tax does not arise because there is no collected tax to be held on behalf of the Government, and absence of pass through means the legal condition for invoking unjust enrichment is not satisfied.
    Act RulesService Tax
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    Deposit of collected service tax must be remitted even if small provider exempt; penalties apply for non-deposit.
    Section 73A requires that service tax collected from customers be deposited with the Central Government even if the collector avails the small service provider exemption; tribunals have held that collection triggers an obligatory deposit and failure to deposit and to file returns attracts penal action and enforcement for non-compliance.
    ManualsService Tax
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    Ignorance of law or illiteracy can undermine findings of willful suppression, affecting the validity of tax demand and penalties.
    Administrative demands and penalties based on alleged willful suppression of taxable services require supporting record evidence and must correspond to allegations in the show cause notice; where the record does not substantiate suppression and the allegation was not made in the notice, the resultant service tax demand and penalties are not sustainable.
    ManualsService Tax
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    Extended limitation period: not available where assessee had bona fide belief or doubt about service tax liability.
    Extended limitation cannot be invoked where the assessee had a bona fide belief that no service tax was payable, where bona fide doubt existed about chargeability, where the assessee voluntarily approached the department earlier, where the issue is one of legal interpretation creating genuine confusion, or where earlier favorable decisions were subsequently overruled without evidence of suppression.
    Act RulesService Tax
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    Limitation for recovery of service tax prevents collection for time barred periods but notice remains partly effective.
    A show cause notice that includes periods beyond the statutory limitation does not become wholly invalid; the Department cannot recover tax for time barred periods, and the assessee may raise the limitation defence during proceedings. The same rule applies to notices extending beyond a shorter statutory limitation-the excess period yields no departmental entitlement to recovery but does not vitiate valid allegations within the limitation.
    ManualsService Tax
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    Specific service allegation: tax liability cannot be confirmed unless the show-cause notice specifies the service head.
    A show-cause notice must specifically identify the service head or sub-head relied upon; absent a precise allegation as to the applicable classification, tax liability cannot be confirmed, and alternative classifications suggested by the Commissioner without being pleaded in the notice render any demand unsustainable.

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      AMENDMENTS TO DUTY RATES IN FIRST SCHEDULE TO THE CUSTOMS TARIFF ACT, 1975

      1 February, 2025

      Contents
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      Union Budget 2025-26 (Full) + Finance Bill, 2025

      III. AMENDMENTS TO DUTY RATES IN FIRST SCHEDULE TO THE CUSTOMS TARIFF ACT, 1975

      A.

      Increase in Tariff rate (to be effective from 02.02.2025) * [Clause 98 (a) of the Finance Bill, 2025] *Will come into effect immediately through a declaration under the Provisional Collection of Taxes Act, 2023

      Rate of Duty

      S. No.

      Tariff item

      Commodity

      From

      To

       

       

      Textile

       

       

      1.

      6004 10 00

      6004 90 00

      6006 22 00

      6006 31 00

      6006 32 00

      6006 33 00

      6006 34 00

      6006 42 00

      6006 90 00

      Knitted Fabrics

      20%/10%

      20% or Rs115/kg,

      whichever is

      higher

       

       

      IT & Electronics sector

       

       

      2.

      8528 59 00

      Interactive Flat Panel Displays (Completely Built Units)

      10%

      20%

      B.

      Decrease in Tariff rate (to be effective from 01.05.2025 unless otherwise specified) * [Clause 98 (b) of the Finance Bill, 2025] Note: These changes will be effective from 2nd

      February, 2025 by issuance of notification.

      Rate of Duty

      S. No.

      Heading, subheading,

      tariff

      item

      Commodity

      From

      To

      1.

      25151100

      2515 12

      Marble and travertine, crude or roughly trimmed, merely cut into blocks, slabs and other

      40%

      20%

      2

      2516 11 00

      2516 12 00

      Granite, crude or roughly trimmed,

      merely cut into blocks, slabs and

      other

      40%

      20%

      3.

      2933 59

      Other compounds containing a pyrimidine ring (whether or not hydrogenated) or piperazine ring in the structure

      10%

      7.5%

      4.

      3302 10

      Synthetic flavouring essences and

      mixtures of odoriferous substances

      of a kind used in food and drink

      industries

      100%

      20%

      5.

      3406

      Candles, tapers and the like

      25%

      20%

      6

      3822 90

      Reference Materials

      30%

      10%

      7

      3824 60

      Sorbitol other than that of subheading

      2905 44

      30%

      20%

      8

      3920

      Other, plates, sheets, films, foil and

      strip, of plastics, non-cellular and

      not reinforced, laminated,

      supported or similarly combined

      with other materials

      25%

      20%

      9.

      3921

      Other plates, sheet, film, foil and strip of plastics

      25%

      20%

      10.

      6401

      Waterproof Footwear with outer soles and Uppers of Rubber or of plastics, the uppers of which are neither fixed to the sole nor assembled by stitching, riveting, nailing, screwing, plugging or similar processes

      35%

      20%

      11.

      6402

      Other footwear with outer soles and uppers of rubber or plastics

      35%

      20%

      12.

      6403

      Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of leather

      35%

      20%

      13.

      6404

      Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials

      35%

      20%

      14.

      6405

      Other Footwear

      35%

      20%

      15.

      6802 10 00

      6802 21 10

      6802 21 20

      6802 21 90

      6802 23 10

      6802 23 90

      6802 29 00

      6802 91 00

      6802 92 00

      6802 93 00

      Worked monumental or building stone

      40%

      20%

      16.

      7113

      Articles of Jewellery and parts thereof

      25%

      20%

      17.

      7114

      Articles of goldsmiths’ and silversmiths’ ware’s and parts thereof

      25%

      20%

      18.

      7404 00 12 7404 00 19

      7404 00 22

      Copper Waste and Scrap

      2.5%

      Nil

      19.

      8002

      Tin Waste and Scrap

      5%

      Nil

      20.

      8101 97 00

      Tungsten Waste and Scrap

      5%

      Nil

      21.

      8102 97 00

      Molybdenum Waste and Scrap

      5%

      Nil

      22.

      8103 30 00

      Tantalum Waste and Scrap

      5%

      Nil

      23.

      8105 30 00

      Cobalt Waste and Scrap

      5%

      Nil

      24.

      8106 90 10

      Waste and Scrap of Bismuth and Bismuth alloys

      5%

      Nil

      25.

      8109 31 00, 8109 39 00

      Zirconium Waste and Scrap

      10%

      Nil

      26.

      8110 20 00

      Antimony Waste and Scrap

      2.5%

      Nil

      27.

      8112 13 00

      Beryllium Waste and Scrap

      5%

      Nil

      28.

      8112 41 20

      Rhenium Waste and Scrap

      10%

      Nil

      29.

      8112 61 00

      Cadmium Waste and Scrap

      5%

      Nil

      30.

      8541 42 00

      Solar Cells

      25%

      20%

      31.

      8541 43 00  8541 49 00

      Solar Module and Other semiconductor devices and photovoltaic cells

      40%

      20%

      32.

      8702

      Motor vehicles for transport of 10 or more persons

      40%

      20%

      33.

      8703

      Motor cars and other motor vehicles principally designed for the transport of persons (other than those of heading 8702)

      125%

      70%

      34.

      8704

      Motor vehicles for transport of goods

      40%

      20%

      35.

      8711

      Motorcycles and cycles fitted with an auxiliary motor with or without side-car

      100%

      70%

      36.

      8712 00 10

      Bicycles

      35%

      20%

      37.

      8903

      Yachts and other vessels for pleasure or sports; rowing boats and canoes

      25%

      20%

      38.

      9028 30 10

      Electricity meters for alternating current (Smart meter)

      25%

      20%

      39.

      9401

      Seats (other than those of headings 9402), whether or not convertible into beds, and parts thereof

      25%

      20%

      40.

      9403

      Other furniture and parts thereof

      25%

      20%

      41.

      9404

      Mattress supports, articles of bedding and similar furnishing etc.

      25%

      20%

      42.

      9405

      Luminaries and lighting fittings including searchlights and spotlights and parts thereof etc.

      25%

      20%

      43.

      9503 00 91

      Parts of electronic toys

      70%

      20%

      44.

      9802 00 00

      Laboratory Chemicals

      150%

      70%

      45.

      9803 00 00

      All dutiable articles, imported by a passenger or a member of a crew in his baggage

      100%

      70%

      46.

      9804 00 00

      All dutiable goods imported for personal use.

      35%

      20%

      C.

      Tariff rate changes (without change in existing effective rate of duty) to be effective from 01.05.2025 unless otherwise specified [Clause 98 (b) of the Finance Bill, 2025]

      Rate of Duty

      S. No.

      Heading, sub- heading tariff item

      Commodity

      From

      To

      1.

      1520 00 00

      Glycerol Crude, glycerol waters, glycerol lye

      30%

      20%

      2.

      2603 00 00

      Copper Ores and concentrates

      2.5%

      Nil

      3.

      2605 00 00

      Cobalt Ores and concentrates

      2.5%

      Nil

      4.

      2609 00 00

      Tin Ores and concentrates

      2.5%

      Nil

      5.

      2611 00 00

      Tungsten Ores and concentrates

      2.5%

      Nil

      6.

      2613 00 00

      Molybdenum Ores and concentrates

      2.5%

      Nil

      7.

      2615 10 00

      Zirconium Ores and concentrates

      2.5%

      Nil

      8.

      2615 90 10

      Vanadium Ores and concentrates

      2.5%

      Nil

      9.

      2615 90 20

      Niobium or Tantalum Ores and concentrates

      2.5%

      Nil

      10.

      2617 10 00

      Antimony Ores and Concentrates

      2.5%

      Nil

      11.

      2711 12 00

      Liquefied Propane

      15%

      2.5%

      12.

      2711 13 00

      Liquefied Butane

      15%

      2.5%

      13.

      27 11 19 10

      LPG (for non-automotive purpose)

      15%

      5%

      14.

      2711 19 20

      LPG (for automotive purpose)

      15%

      5%

      15.

      2711 19 90

      Other liquified petroleum gas

      15%

      5%

      16.

      2809 20 10

      Phosphoric Acid

      20%

      7.5%

      17.

      2810 00 20

      Boric Acid

      27.5%

      7.5%

      18.

      3824 99 00

      Other – Prepared Binders, chemical products and preparations of chemical or allied industries

      17.5%

      7.5%

      19.

      7210 12 10

      OTS/MR type-flat rolled products of thickness less than 0.5 mm

      27.5%

      15%

      20.

      7210 12 90

      Other flat rolled products of thickness less than 0.5 mm

      27.5%

      15%

      21.

      7219 12 00

      Hot-rolled products in coils of thickness greater than or equal to 4.75 mm, but not exceeding 10 mm

      22.5%

      15%

      22.

      7219 13 00

      Hot-rolled products in coils of thickness greater than or equal to 3 mm but less than 4.75 mm

      22.5%

      15%

      23.

      7219 21 90

      Flat rolled products of stainless steel of width 600 mm or more - Other nickel chromium austenitic type

      22.5%

      15%

      24.

      7219 90 90

      Flat rolled products of stainless steel of width 600 mm or more - Other sheets and plates

      22.5%

      15%

      25.

      7225 11 00

      Flat-rolled products of other alloy steel - grain oriented, silicon electrical steel

      20%

      15%

      26.

      7307 29 00

      Other tube or pipe fittings of stainless steel

      25%

      15%

      27.

      7307 99 90

      Other fittings of iron or steel, non- galvanised

      25%

      15%

      28.

      7308 90 90

      Other structure and parts of structures of iron and steel

      25%

      15%

      29.

      7310 29 90

      Others-tanks and drums etc.

      25%

      15%

      30.

      7318 15 00

      Other screws and bolts whether or with nuts or washers

      25%

      15%

      31.

      7318 16 00

      Threaded nuts

      25%

      15%

      32.

      7318 29 90

      Other non-threaded articles

      25%

      15%

      33.

      7320 90 90

      Other springs and leaves of iron/steel

      25%

      15%

      34.

      7325 99 99

      Other cast articles of iron or steel

      25%

      15%

      35.

      7326 19 90

      Others - forged or stamped articles of iron or steel but not further worked

      25%

      15%

      36.

      7326 90 99

      Miscellaneous other articles of iron/steel

      25%

      15%

      37.

      8001

      Unwrought Tin

      5%

      Nil

      38.

      8101 94 00

      Unwrought tungsten, including bars and rods obtained simply by sintering

      5%

      Nil

      39.

      8102 94 00

      Unwrought molybdenum, including bars and rods obtained simply by sintering

      5%

      Nil

      40.

      8103 20

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

      5%

      Nil

      41.

      8105 20 20

      Cobalt, unwrought

      5%

      Nil

      42.

      8106 10 10

      Bismuth, unwrought

      5%

      Nil

      43.

      8109 21 00

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

      10%

      Nil

      44.

      8110 10 00

      Unwrought antimony, powders

      2.5%

      Nil

      45.

      8112 12 00

      Beryllium unwrought, powders

      5%

      Nil

      46.

      8112 31

      Hafnium unwrought, waste and scrap, powders

      10%

      Nil

      47.

      8112 41 10

      Rhenium unwrought

      10%

      Nil

      48.

      8112 69 10

      Cadmium unwrought, Powders

      5%

      Nil

      49.

      8112 69 20

      Cadmium, wrought

      5%

      Nil

       


      Full Text:

      Union Budget 2025-26 (Full) + Finance Bill, 2025

      Topics

      ActsIncome Tax