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    Refund of IGST in SEZ Transactions: Legal Insights
    Case LawsIncome Tax
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    Case LawsGST
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    Refund entitlement for SEZ supplies upheld despite endorsement delays and technical defects; limitation treated as directory.
    A refund claim for IGST on supplies to SEZ units should not be denied solely for delay or technical defects in export endorsements when delays arise from the authorized officer and the goods have reached the SEZ with tax remitted. The endorsement need not state authorized operations retrospectively. Procedural rules permit rectification and refiling of refund applications, limitation provisions are to be treated as directory in this context, and notifications excluding periods from limitation computation support allowance of genuine claims; minor documentary mismatches can be corrected by revised statements.
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    The assessing process treated certain cash receipts as unexplained under Section 69A read with the higher-rate taxation provision, but acceptance of an opening cash balance and maintenance of a cash book reduced the addition; contemporaneous records are decisive. The amendment imposing a special flat tax rate on unexplained income applies prospectively and does not operate retrospectively, so its applicability depends on the assessment year.
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      REVIEW OF CUSTOMS DUTY EXEMPTIONS

      1 February, 2026

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      Union Budget 2026-27 - Finance Bill, 2026

      A. Review of exemptions/concessional rates of BCD prescribed in notification No. 45/2025-Customs dated 24.10.2025:

      A comprehensive review has been undertaken in respect of 124 conditional exemptions/concessional duty rate entries in notification No. 45/2025-Customs dated 24.10.2025 whose validity is expiring on 31.03.2026. After review, 102 entries are being continued, with or without modification, for two years, i.e. upto 31.03.2028. Further, 22 entries are being allowed to lapse on the end-date of 31.03.2026.

      (a) The details of exemptions/concessional rates being extended, with or without modifications, are as under:

      Sl. No.

      S. No. of notification No. 45/2025- Customs

      Brief Description

      End date

       

      In TABLE I of notification No. 45/2025-Customs

      1.

      5

      Meat and edible offal of ducks, frozen

      31.03.2028

       

      2.

      14

      Planting materials, namely, oil seeds, seeds of vegetables, flowers and ornamental plants, tubers and bulbs of flowers, cuttings or saplings of flower plants, seeds or plants of fruits and seeds of pulses

       31.03.2028

       

      3.

      58

      Algal oil for manufacturing of aquatic feed

      31.03.2028

       

      4.

      61

      Lactose for use in the manufacture of homeopathic medicine

      31.03.2028

       

      5.

      69

      Specified goods used in the processing of sea-food

      31.03.2028

       

      6.

      84

      Gold ores and concentrates for use in the manufacture of gold

      31.03.2028

       

      7.

      85

      Specified bunker fuels for use in ships or vessels

      31.03.2028

       

      8.

       98

      Electrical energy supplied to DTA by power plants of 1000MW or above, and granted formal approval for setting up in SEZ prior to 19th July, 2012

       31.03.2028

       

      9.

       99

      Electrical energy supplied to DTA from power plants of less than 1000MW, and granted formal approval for setting up in SEZ prior to 19th July, 2012

       31.03.2028

       

      10.

      111

      Medical use fission Molybdenum-99 (Mo-99) for use in the manufacture of radio pharmaceuticals

      31.03.2028

       

      11.

      112

      Pharmaceutical Reference Standard

      31.03.2028

       

      12.

      114

      Specified goods used for the manufacture of ELISA Kits

      31.03.2028

       

      13.

      119

      Anthraquinone or 2-Ethyl Anthraquinone, for use in manufacture of Hydrogen Peroxide

      31.03.2028

       

      14.

      134

      Specified goods for use in the manufacture of sheets or backsheet, which are used in the manufacture of solar photovoltaic cells or modules

      [The entry has been modified]

      31.03.2028

       

      15.

      138

      Specified goods for use in the manufacture of Brushless Direct Current (BLDC) motors

      31.03.2028

       

      16.

      140

      Tags, labels, stickers, belts etc. imported by bona fide exporters

      31.03.2028

       

      17.

      141

      Specified goods imported by bona fide exporters for use in the manufacture of handicraft items, for export

      31.03.2028

       

      18.

      142

      Specified goods imported by bona fide exporters for use in the manufacture of textile or leather garments, for export

       31.03.2028

       

      19.

       143

      Specified goods imported by bona fide exporters for use in the manufacture of leather or synthetic footwear, or other leather products, for export [The entry has been modified]

       31.03.2028

       

      20.

      144

      Specified goods for the manufacture of orthopedic implants or other artificial parts of the body

      31.03.2028

       

      21.

      146

      Capacitor grades polypropylene granules or resins for the manufacture of capacitor grade plastic film

      31.03.2028

       

      22.

      148

      Super absorbent polymer (SAP) imported for use in the manufacture of specified goods

      31.03.2028

       

      23.

      150

      Polytetramethylene ether glycol (PT MEG) for use in the manufacture of spandex yarn

      31.03.2028

       

      24.

      155

      New or retreaded Pneumatic tyres of rubber of a kind used in aircrafts

      31.03.2028

       

      25.

      156

      New or retreaded Pneumatic tyres of rubber of a kind used in aircrafts

      31.03.2028

       

       26.

       160

      Pulp of wood or of other fibrous cellulosic material for the manufacture of newsprint, paper and paperboard, adult diapers, and goods falling under heading 9619

       31.03.2028

       

      27.

      162

      All goods imported for use in manufacture of paper, paperboard, or newsprint

      31.03.2028

       

      28.

      163

      Specified goods used in the printing of newspapers

      31.03.2028

       

      29.

      164

      Lightweight coated paper weighing upto 70g/m2, imported by actual users for printing of magazines

      31.03.2028

       

      30.

      173

      Pile fabrics for the manufacture of toys

      31.03.2028

       

      31.

      174

      Moulds, tools and dies, for the manufacture of parts of electronic components or electronic equipment

      31.03.2028

       

       32.

       175

      Graphite Felt for growing silicon ingots, and thin steel wire used in wire saw for slicing of silicon wafers

       31.03.2028

       

      33.

      184

      Simply Sawn Diamonds

      31.03.2028

       

      34.

      185

      Seeds for use in manufacturing of rough lab-grown diamonds

      31.03.2028

       

      35.

      205

      Ferrous Scrap

      31.03.2028

       

       36.

       208

      Magnesium Oxide (MgO) coated cold rolled steel coils for use in manufacture of cold rolled grain oriented steel (CRGO).

       31.03.2028

       

      37.

      209

      Specified goods for the manufacture of cold rolled grain-oriented steel

      31.03.2028

       

       38.

       220

      Forged steel rings for manufacture of special bearings for use in wind operated electricity generators [The entry is being merged with S.No. 230 in TABLE I of notification No. 45/2025-Customs dated 24.10.2025.]

       31.03.2028

       

       39.

       222

      Copper wire of refined copper or copper rod for manufacture of photovoltaic ribbon for solar photovoltaic cell or modules [The entry has been modified]

       31.03.2028

       

       40.

       227

      Dies for drawing metal, when imported after repairs from abroad, in exchange of similar worn-out dies exported out of India for repairs

       31.03.2028

       

       41.

       228

      Parts and raw materials for manufacture of goods to be supplied in connection with the purposes of off- shore oil exploration or exploitation

       31.03.2028

       

       42.

       229

      Specified goods when imported by a specified person, in relation with various petroleum operations or coal bed methane operations

       31.03.2028

       

      43.

      230

      Goods for manufacture or the maintenance of wind operated electricity generator components. [The entry has been modified after merger of entry S. No. 220 in TABLE I of notification No. 45/2025- Customs]

       31.03.2028

       

      44.

      232

      Parts of catalytic converters and goods for use in the manufacture of catalytic convertors or its parts

      31.03.2028

       

      45.

      233

      Platinum or Palladium for use in the manufacture of Noble Metal Compounds and Noble Metal Solutions

      31.03.2028

       

      46.

      234

      Ceria zirconia compounds for use in the manufacture of wash coat for catalytic converters

      31.03.2028

       

      47.

      235

      Cerium compounds for use in the manufacture of wash coat for catalytic converters

      31.03.2028

       

       48.

       237

      Machinery, electrical equipment, other instruments and their parts except populated PCBs for use in fabrication of semiconductor wafer and Liquid Crystal Display

       31.03.2028

       

       49.

       238

      Machinery, electrical equipment, other instruments and their parts except populated PCBs for use in assembly, testing, marking and packaging of semiconductor chips

       31.03.2028

       

      50.

      239

      Specified goods for the manufacture of certain goods and their parts

      31.03.2028

       

      51.

      246

      Bushings made of Platinum and Rhodium alloy when imported in exchange of worn out or damaged bushings exported out of India

      31.03.2028

       

      52.

      247

      Parts and components for manufacture of tunnel boring machines

      31.03.2028

       

       53.

      256

      Evacuated tubes with three layers of solar selective coating for use in the manufacture of solar water heater and system

       31.03.2028

       

      54.

      267

      Ball screws for use in the manufacture of CNC Lathes

      31.03.2028

       

      55.

      268

      Linear Motion Guides for use in the manufacture of CNC Lathes

      31.03.2028

       

      56.

      269

      CNC Systems for use in manufacture of CNCL lathes

      31.03.2028

       

      57.

      270

      Certain goods for use in manufacture of plastic processing machineries

      31.03.2028

       

       58.

       272

      Parts and components for use in the manufacture of goods like Micro ATMs, Fingerprint reader/scanner, Iris scanner, miniaturized POS card reader

       31.03.2028

       

      59.

      273

      All parts for use in the manufacture of LED lights or fixtures including LED Lamps

      31.03.2028

       

       60.

       274

      All inputs for use in the manufacture of LED (Light Emitting Diode) driver or Metal Core Printed Circuit Board for LED lights and fixtures or LED lamps

       31.03.2028

       

      61.

      277

      Goods imported for being tested in specified test centers

      31.03.2028

       

      62.

      280

      Specified goods for use in the manufacturing of Microphones

      31.03.2028

       

       63.

      292

      Parts, components and accessories for manufacture of Digital Video Recorder (DVR)/ Network Video Recorder (NVR) falling under 8521 90 90, other than the following items, namely populated printed circuit boards; charger or power adapter; Sub-parts for use in manufacture of items mentioned at (i) above [Only clause (ii) is being continued while clause (i) is being allowed to lapse on the end-date of 31st March, 2026]

       31.03.2028

       

      64.

      293

      Parts, components and accessories for use in manufacture of reception apparatus for television

      31.03.2028

       

      65.

      294

      Parts, components and accessories for manufacture of CCTV Camera

      31.03.2028

       

       66.

       295

      Parts, components and accessories except Lithium- ion cell and PCBA for use in manufacture of Lithium- ion battery and battery pack

       31.03.2028

       

      67.

      296

      Inputs, parts or sub-parts for use in the manufacturing of PCBA of Lithium-ion battery and battery pack

      31.03.2028

       

      68.

      297

      Open cell for use in the manufacture of LCD and LED TV panels

      31.03.2028

       

      69.

      302

      Specified goods for use in the manufacture of LCD and LED TV panels

      31.03.2028

       

      70.

      306

      Magnetron of up to 1.5 KW used for the manufacture of domestic microwave ovens

      31.03.2028

       

      71.

      314

      Parts, sub-parts, inputs or raw material for use in manufacture of Lithium-ion cells

      31.03.2028

       

      72.

      319

      Lithium-ion cell for use in manufacture of battery or battery pack other than for cellular phone or EV

      31.03.2028

       

      73.

      320

      Lithium-ion cell for use in the manufacture of battery or battery pack of cellular mobile phone

      31.03.2028

       

      74.

      321

      Lithium-ion cell for use in the manufacture of battery or battery pack of EV or hybrid motor vehicle

      31.03.2028

       

      75.

      333

      Parts of gliders or simulators of aircrafts (excluding rubber tyres and tubes of gliders)

      31.03.2028

       

      76.

      334

      Raw materials for manufacture of aircrafts and parts of aircrafts

      31.03.2028

       

      77.

      335

      Components or parts including engines, of aircraft for manufacture of air craft

      31.03.2028

       

      78.

      336

      Parts, testing equipment, tools and tool-kits for MRO of aircraft, components or parts of aircraft

      31.03.2028

       

      79.

      337

      Other Aircrafts

      31.03.2028

       

      80.

      338

      Components or parts, including engines, of aircraft

      31.03.2028

       

       81.

       339

      Satellites and payloads, ground equipment brought for testing and ground installations for satellite including its spares and consumables

       31.03.2028

       

       82.

       340

      Scientific and technical instruments, apparatus, equipment etc., required for launch vehicles and satellites and payloads

       31.03.2028

       

      83.

      341

      All goods under heading 8802 (except CTH 8802 6000)

      31.03.2028

       

      84.

      342

      All goods under heading 8802 (except CTH 8802 60 00)

      31.03.2028

       

      85.

      343

      All goods under heading 8802 (except CTH 8802 60 00)

      31.03.2028

       

      86.

      345

      Parts (other than rubber tubes), of aircraft of heading 8802

      31.03.2028

       

      87.

      348

      Parts (other than rubber tubes), of aircraft of heading 8802

      31.03.2028

       

       88.

       350

      Barges or pontoons imported along with ships for the more speedy unloading of imported goods and loading of export goods

       31.03.2028

       

       89.

      355

      Fishing vessels, tugs and pusher crafts, light vessels, excluding vessels and other floating structures as are imported for breaking up

       31.03.2028

       

       90.

       375

      Stainless steel tube and wire, cobalt chromium tube, etc. required for manufacture of Coronary stents/coronary stent system and artificial heart valve

       31.03.2028

       

       91.

      376

      Ostomy products for managing Colostomy, Ileostomy, Ureterostomy, Ileal Conduit Urostomy Stoma cases

       31.03.2028

       

       92.

      377

      Medical and surgical instruments, apparatus and appliances including spare parts and accessories thereof

       31.03.2028

       

      93.

      382

      Hospital Equipment for use in specified hospitals

      31.03.2028

       

      94.

      386

      Raw materials, parts or accessories for the manufacture of Cochlear Implants

      31.03.2028

       

      95.

      387

      X-Ray Baggage Inspection Systems and parts thereof

      31.03.2028

       

      96.

      388

      Portable X-ray machine / system

      31.03.2028

       

      97.

      392

      Parts and cases of braille watches, for the manufacture of Braille watches

      31.03.2028

       

      98.

      396

      Parts of electronic toys for manufacture of electronic toys

      31.03.2028

       

       99.

       415

      All items of machinery, and auxiliary equipment required for initial setting up of a project for generation of power or generation of compressed bio- gas (Bio-CNG) using non-conventional materials

       31.03.2028

       

      100.

      440

      All items of machinery, and auxiliary equipment for setting up of fuel cell-based system for generation of power or for demonstration purposes or balance of systems operating on biogas or bio-methane or by- product hydrogen

      31.03.2028

       

      In TABLE II of notification No. 45/2025-Customs

       101.

       1

      Security fibre, security threads, Paper Based Taggant, including M-feature, for use in the manufacture of security paper by Security Paper Mill, Hoshangabad and Bank Note Paper Mill India Private Limited, Mysore

       31.03.2028

       

      102.

       2

      Raw materials for use in manufacture of security fibre and security threads for supply to Security Paper Mill, Hoshangabad and Bank Note Paper Mill India Private Limited, Mysore for use in manufacture of security paper

       31.03.2028

       

      (b) The following 22 conditional exemption entries of notification no. 45/2025-Customs dated 24.10.2025 are being allowed to lapse on the 31.03.2026:

      Sl. No.

      S. No. of notification No. 45/2025- Customs

       Brief Description

       End date

       

      In TABLE I of notification No. 45/2025-Customs

      1.

      93

      Naphtha, for use in the manufacture of fertilisers

      31.03.2026

       

      2.

      95

      Liquified petroleum gases (LPG), in excess of the quantity of petroleum gases and other gaseous hydrocarbons consumed in the manufacture of polyisobutylene by the unit located in the Domestic Tariff Area (DTA), received from the unit located in Special Economic Zone (SEZ) and returned by the DTA unit to the SEZ unit from where such LPG were received.

      31.03.2026

       

       3.

       107

      Silicon in all forms for the manufacture of un-diffused silicon wafers; and un-diffused silicon wafers for the manufacture of solar cells or solar cell modules

       31.03.2026

       

      4.

      117

      Maltol, for use in the manufacture of deferiprone

      31.03.2026

       

      5.

      145

      Specified goods imported for the manufacture of Copper-T contraceptives

      31.03.2026

       

       6.

      154

      Ethylene – Propylene – Non-Conjugated Diene Rubber (EPDM) for use in the manufacture of insulated wires and cables

       31.03.2026

       

      7.

      172

      Hydrophilic non-woven, hydrophobic non- woven, imported for use in the manufacture of adult diapers

      31.03.2026

       

      8.

      201

      Spent catalyst or ash containing precious metals

      31.03.2026

       

      9.

      218

      Metal parts for use in the manufacture of electrical insulators

      31.03.2026

       

      10.

      219

      Pipes and tubes for use in manufacture of boilers

      31.03.2026

       

      11.

      231

      Permanent magnets for manufacture of synchronous generators above 500KW for use in wind operated electricity generators

       31.03.2026

       

      12.

      236

      Zeolite for use in the manufacture of wash coat for catalytic converters

      31.03.2026

       

      13.

      243

      High speed cold-set or high-speed heat set web offset rotary printing machines along with mail room equipment

       31.03.2026

       

      14.

      271

      Cash dispenser or automatic banknote dispenser and its parts and components

      31.03.2026

       

      15.

      275

      Television equipment, cameras and other equipment for taking films, imported by a foreign film unit or television team

       31.03.2026

       

      16.

      276

      Photographic, filming, sound recording of foreign origin, if imported into India after having been exported there from

       31.03.2026

       

      17.

      291

      Parts and Components of digital still image video cameras

      31.03.2026

       

      18.

      309

      Raw materials or parts for use in manufacture of e- Readers

      31.03.2026

       

      19.

      370

      X-Ray tubes used in manufacture of X ray machines for medical, surgical or veterinary use

      31.03.2026

       

      20.

      372

      Flat panel detector for use in manufacture of X-Ray machine for medical, surgical or veterinary use

      31.03.2026

       

      21.

      397

      Parts of video games for the manufacture of video games

      31.03.2026

       

      In TABLE IV of notification No. 45/2025-Customs

       

      22.

      1

      Motion pictures, music, gaming software for use on gaming consoles printed or recorded on media

      31.03.2026

       

      Note: Description of entries is indicative. Notification may be referred to for complete description.

      (c) Further, upon review, the following unconditional exemption/ concessional duty rate entries of notification no. 45/2025-Customs dated 24.10.2025 are also being lapsed by omitting the respective entries with effect from 02.02.2026:

      Sl. No.

      S. No. of TABLE I in notification No. 45/2025- Customs

       Brief Description

      1.

      1

      Animals and birds imported by Zoo

      2.

      113

      Alpha pinene

      3.

      123

      Artificial plasma

      4.

      128

      Ammonium phosphate or ammonium nitro-phosphate, for use as manure or for the production of complex fertilisers

      5.

      132

      Potassium sulphate, containing not more than 52% by weight of potassium oxide*

      6.

      137

      Other diagnostic or laboratory reagents falling under tariff item 3822 90 90*

      7.

      213

      INVAR

      8.

      258

      Coffee roasting, brewing or vending machines for use in the manufacture or processing of coffee

      9.

      285

      Parts of radio trunking terminals

      10.

      287

      CD-ROMs containing books of an educational nature, journals, periodicals (magazines) or newspapers

      11.

      310

      Loco simulators

      *Effective BCD rate will remain the same for Sl.No. 5 and 6.

      Note: Description of entries is indicative. Notification may be referred to for complete description.

      (d) Other changes in the exemption entries of notification No. 45/2025-Customs:

      (i) Sunset-clause for the following entries is being removed with effect from 02.02.2026:

      Sl. No.

      S. No. of TABLE I in notification No. 45/2025- Customs

       Brief Description

      1.

       303

      Parts suitable for use solely or principally with the apparatus of headings 8525, 8526 or 8527. *The said entry is being omitted w.e.f 1st May, 2026 as the applicable rates will be incorporated in Tariff itself.

      2.

      353

      All goods (excluding vessels and other floating structures as are imported for breaking up) (CTH 8901)

      3.

      356

      All goods (excluding vessels and other floating structures as are imported for breaking up) (CTH 8906)

      Note: Description of entries is indicative. Notification may be referred to for complete description.

      (ii) Sunset-date of 31.03.2027 for the following entries is being prescribed:

      Sl. No.

      S. No. of TABLE I in notification No. 45/2025- Customs

       Brief Description

       End date prescribed

      1.

      192

      Gold dore bar, having gold content not exceeding 95%

      31.03.2027

      2.

      193

      Silver dore bar having silver content not exceeding 95%

      31.03.2027

      3.

      194

      Gold bars, other than tola bars, bearing manufacturer’s or refiner’s engraved serial number and weight expressed in metric units, and gold coins having gold content not below 99.5%, imported by the eligible passenger Gold in any form other than (i), including tola bars and ornaments, but excluding ornaments studded with stones or pearls

      31.03.2027

      4.

       195

      Silver, in any form including ornaments, but excluding ornaments studded with stones or pearls, imported by the eligible passenger

      31.03.2027

      Note: Description of entries is indicative. Notification may be referred to for complete description.

      (iii) The following entries of notification No. 45/2025-Customs are being modified as under, with effect from 02.02.2026:

      Sl. No.

      S. No. of TABLE I in notification No. 45/2025- Customs

       Particulars

       1.

       69

      The value limit of duty-free imports of specified goods imported for use in processing of sea-food has been increased from 1% to 3% of the FOB value of seafood products exported during the preceding financial year

      2.

      134

      The modified description covers specified goods for use in the manufacture of sheets/encapsulants of EVA (Ethylene Vinyl Acetate), PoE (Polyolefin Elastomer) or combinations thereof or backsheet, which are used in the manufacture of solar photovoltaic cells or modules

      3.

      12, 140, 142

      The time period of export of value-added products manufactured from specified inputs imported at concessional rate of duty is being extended from six months to twelve months.

      4.

      143

      The benefit of duty exemption on specified inputs for manufacture of leather/synthetic footwear for export is being extended to exporters of shoe-uppers also. The time period of export of value-added products manufactured from specified inputs imported at concessional rate of duty is being extended from six months to twelve months.

      5.

       222

      The modified description covers copper wire of refined copper of which the maximum cross-sectional dimension exceeds 6 mm or copper rods of refined copper, for the manufacture of photovoltaic ribbon, or tinned copper interconnect or cell interconnect or string interconnect or the photovoltaic connect or photovoltaic ribbon or solar ribbon or manufacture of solar photovoltaic cell or modules.

      6.

      220 & 230

      S.No. 220 pertaining to “Forged steel rings for manufacture of special bearings for use in wind operated electricity generators” is being merged with S.No. 230.

      Subsequently, the description of S.No. 230 covering goods for manufacture or the maintenance of wind operated electricity generator components, has been modified.

      Note: Description of entries is indicative. Notification may be referred to for complete description.

      (iv) The following exemption entries of notification No. 45/2025-Customs are being omitted with effect from 02.02.2026 as these are redundant. The effective BCD rate would remain the same and will apply from First Schedule of the Customs Tariff Act, 1975. The details are as under:

      Sl.No.

      S. No. of TABLE I in notification No. 45/2025- Customs

      Brief Description

      1.

      139

      Ethylene vinyl acetate (EVA)

      2.

      157

      New Pneumatic tyres, of rubber, of a kind used on aircrafts (other than goods covered under S. Nos. 155 and 156 of the notification No. 45/2025-Customs)

      3.

      217

      Other screws and bolts, nuts and other non-threaded articles falling under tariff items 7318 15 00, 7318 16 00, 7318 29 90

      Note: Description of entries is indicative. Notification may be referred to for complete description.

       


      Full Text:

      Union Budget 2026-27 - Finance Bill, 2026

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      ActsIncome Tax