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Procedural autonomy preserved in appellate tribunal; statutory cross references modernized while e governance provisions omitted, affecting bench practice.
Clause 364 maintains the President's authority to constitute Benches, preserves the dual Judicial and Accountant member default and Special Benches for significant issues, permits single member disposal for lower value matters subject to presidential or authorised member designation, grants the Tribunal procedural autonomy and quasi judicial powers, modernises cross references to new penal and procedural statutes, and omits previous express provisions enabling executive notification of e governance schemes, raising transitional and implementation questions.
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Tribunal Orders: stay limits and rectification rules balance taxpayer rights and revenue protection in the appellate process.
Clause 363 establishes the Tribunal's authority to decide appeals after hearing parties, permits rectification of mistakes apparent from record within a prescribed period subject to a nominal fee and hearing where liability is increased, and prescribes an aspirational timeline for disposal. It provides a conditional stay-of-recovery regime requiring deposit or security with limited extension criteria and automatic vacation if disposal does not occur within the aggregate period; the Tribunal may award costs, must communicate orders to the assessee and Commissioner, and its orders are final save for specified statutory exceptions.
Act Rules Bills
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Appeals to Appellate Tribunal: modernized scope, uniform timelines, cross-objection rights, fee rationalisation preserved.
Clause 362 modernizes appeals to the Appellate Tribunal by listing appealable orders across the reorganized administrative hierarchy, prescribing a uniform filing period, permitting respondents to file cross-objections treated as independent appeals, allowing the Tribunal to condone delay for sufficient cause, and setting form, verification and a progressive fee regime while exempting revenue appeals and cross-objections from fees.
Act Rules Bills
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Tribunal independence: bifurcated appointment and service rules safeguard ITAT members' conditions and transitional rights.
Clause 361(2) and Section 252A use non obstante language to govern ITAT members' qualifications, appointments, term, salaries, allowances, resignation and removal by bifurcating applicable regimes: post Tribunals Reforms Act, 2021 appointees are governed by Chapter II of that Act (detailing qualifications, a Search cum Selection Committee, tenure and service conditions), while pre Finance Act, 2017 appointees remain governed by the Income tax Act, 1961 and its rules as if the contested Finance Act provision had not come into force.
Act Rules Bills
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Appellate tribunal constitution updated to centralize appointments and delegate presidential powers, affecting tribunal independence and transitional safeguards.
Clause 361 maintains a multi member Appellate Tribunal of Judicial and Accountant Members while empowering the Central Government to determine member strength; mandates that the President be a High Court judge with substantial judicial experience or a Vice President; permits appointment of one or more Vice Presidents; and authorizes delegation of presidential powers to Vice Presidents by written order. The clause defers detailed eligibility and service conditions to the general tribunal framework and includes a transitional rule preserving pre existing service conditions for incumbents.
Act Rules Bills
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Appellate Powers: authority to modify assessments and penalties subject to a reasonable opportunity to be heard.
The appellate authorities may confirm, reduce, enhance, or annul assessments and may confirm, cancel, or vary penalty orders; the Commissioner (Appeals) alone may set aside assessments and remit for fresh assessment in specified cases. Any enhancement of assessment or penalty or reduction of refund requires a reasonable opportunity for the appellant to show cause. The appellate authority may consider and decide any matter arising from the proceedings, and must take into account materials produced before the Settlement Commission where proceedings abate.
Act Rules Bills
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Appeal procedure: preservation of right to be heard, reasoned orders, and discretionary powers for inquiry and additional grounds.
Clause 359 sets the appellate procedure before first instance tax authorities, affirming the right to be heard, notice of hearing, powers to adjourn and direct further inquiry, discretion to admit additional grounds of appeal if omission was not wilful or unreasonable, a requirement for written reasoned orders specifying points for determination and decisions, a directory timeline aiming at one year disposal where possible, and communication of orders to the assessee and appropriate senior tax officials.
Act Rules Bills
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Appeal procedure: prescribed form, 30 day limitation, pre deposit requirement with written reason exemptions permitted.
Clause 358 preserves the Section 249 appellate framework by requiring appeals in prescribed form and verification, imposing a graded appeal fee related to assessed income, and setting a thirty day limitation from service of the order or demand. It excludes time spent on specified relief applications from limitation, permits condonation of delay for sufficient cause, and conditions admission on payment of tax on returned income or advance tax where no return is filed, while allowing written reason exemptions from the advance payment requirement.
Act Rules Bills
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Appellate jurisdiction redefined: Clause 357 sets scope of appealable tax orders and preserves DRP-related exclusions.
Clause 357 defines the orders appealable to the Commissioner (Appeals), listing assessment, reassessment, recomputation, intimation adjustments, orders treating a person as agent of a non-resident, and penalty orders, while preserving exclusions for orders following Dispute Resolution Panel directions and allowing the Board to specify additional appealable cases; it updates and consolidates categories previously under Section 246A and raises interpretive issues concerning exclusions, newly numbered sections, penalty consolidation, and transitional treatment of pending appeals.
Act Rules Bills
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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.
Act Rules Bills
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Right of appeal to High Court preserves judicial review over advance rulings with limited condonation and streamlined procedure.
Clause 389 grants a statutory right of appeal to the High Court against rulings or orders of the Board for Advance Rulings and certain Assessing Officer actions, mandates filing in the prescribed form and manner within a limited period, allows judicial condonation for a short additional interval, omits prior executive scheme-making and modification powers, and relies on Rule 44FA to integrate appeal procedure with jurisdictional High Court practice.
Act Rules Bills
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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.
Act Rules Bills
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Advance Rulings powers modernisation clarifies BAR's quasi judicial authority and civil court powers under reformed procedural codes.
Clause 387 modernises the powers and status of the Board for Advance Rulings by vesting it with civil court powers to summon witnesses, compel document production, receive affidavit evidence and exercise other adjudicatory functions, and by deeming its proceedings to be judicial proceedings that attract penal consequences for perjury and related offences, while limiting the civil court status to specified purposes and aligning cross references with reformed procedural and penal codes.
Act Rules Bills
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Void ab initio of advance rulings: fraud or misrepresentation may nullify rulings and restore ordinary tax provisions.
Clause 386 empowers the Board for Advance Rulings to declare an advance ruling void ab initio if found to have been obtained by fraud or misrepresentation, on representation by the Principal Commissioner or Commissioner or otherwise; the Act is to apply as if no ruling had been made (excluding the period the ruling was in force), and a copy of the order must be sent to the applicant and the tax authority.
Act Rules Bills
Show AI Summary
Jurisdictional bar on parallel proceedings preserves advance rulings' exclusivity for resident applicants and prevents conflicting adjudication.
Clause 385 imposes a jurisdictional bar barring income tax authorities and the Appellate Tribunal from deciding any issue for which a resident has filed an advance ruling application; the prohibition attaches on filing and pertains only to the specific issue raised, thereby preserving the exclusivity and predictability of the advance ruling mechanism while raising interpretive questions about the definition of "issue" and the treatment of pending proceedings.
Act Rules Bills
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Advance ruling procedure secures binding tax guidance with hearing rights, grounds for rejection, and mandatory communication.
Clause 384 requires the Board for Advance Rulings to forward applications to the Principal Commissioner or Commissioner, call for records, and after examination either allow or reject applications. Rejection must follow an opportunity to be heard and a reasoned order, and orders must be communicated to the applicant and tax authorities. Mandatory exclusions include pending proceedings, fair market value determinations, and transactions prima facie designed for tax avoidance; if allowed, the Board must examine further material, hear the applicant or authorised representative, and pronounce a written ruling within the prescribed time frame.
Act Rules Bills
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Advance ruling procedure: streamlined application process with prescribed form, quadruplicate filing, fee and a thirty day withdrawal window.
Clause 383 establishes a streamlined procedure for advance rulings: applications must state the specific question and be filed in the prescribed form and manner in quadruplicate, accompanied by a prescribed fee, and may be withdrawn within thirty days. The clause retains core procedural features of the prior regime but omits transitional and legacy transfer or opt-out provisions, leaving form, fee, and certain consequences of withdrawal to subordinate rules.
Act Rules Bills
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Vacancies and defects immunity preserves validity of advance rulings to prevent collateral challenges and ensure procedural continuity.
Clause 382 stipulates that no proceeding before, or pronouncement of an advance ruling by, the Board for Advance Rulings shall be questioned or invalidated merely because of any vacancy or defect in the Board's constitution. It applies to both procedural actions and final rulings, reflects the de facto validity principle, and is intended to secure continuity, legal certainty, and protection against collateral procedural challenges, while not extending to defects that negate jurisdiction or involve fraud or bias.
Act Rules Bills
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Board for Advance Rulings centralizes administrative advance rulings, prioritizing efficiency but raising independence and legal robustness concerns.
Clause 381 mandates constitution of one or more Board for Advance Rulings by notification, each comprising two members who are serving tax officers of not below Chief Commissioner rank, nominated by the Board; the provision preserves an administrative, officer-led model akin to the existing framework and emphasizes mandatory establishment, flexibility in number and phased operationalization, while leaving nomination criteria, judicial representation, publication, and appellate design unspecified.
Act Rules Bills
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Advance ruling mechanism provides pre transactional tax certainty and access controls for cross border and GAAR related issues.
Clause 380 defines advance ruling across five categories: rulings for non resident applicants; rulings on transactions between residents and non residents; rulings for specified resident applicants; rulings on computation of total income pending before tax authorities or the Appellate Tribunal; and rulings on whether proposed arrangements are impermissible avoidance arrangements; it links applications to the Bill's procedural section and replaces the Authority with a Board for Advance Rulings, while preserving notification based resident eligibility.

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

1 February, 2025

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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

Acts Income Tax