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    AMENDMENTS IN THE CUSTOMS ACT, 1962
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    NewsBills
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    Discontinuance of Income-tax Settlement Commission: pending settlement cases transferred to Interim Boards with inherited powers.
    Income-tax Settlement Commission is discontinued and pending settlement applications will be handled by one or more Interim Boards of Settlement composed of three senior officers; the Interim Boards inherit the Commission's powers mutatis mutandis for disposal and rectification of orders, pending applications are deemed valid where invalidity was not declared, assessees may withdraw applications within a prescribed period causing proceedings to abate with specified exclusions to limitation and use of material, and the Central Government may notify a scheme to regulate settlement of pending applications and adapt Act provisions for transitional efficiency.
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    The Finance Bill reduces the statutory time limit for completion of income-tax assessment proceedings, further shortening the window for passing assessment orders in scrutiny cases. The amendment is justified by the operational efficiencies of the Faceless Assessment Scheme-characterised by electronic, team-based, jurisdiction-less procedures-and aims to reduce taxpayer compliance burden and enable earlier detection of revenue leakages; it takes effect from 1 April, 2021.
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    Double deduction prevention: corpus and loan-funded applications excluded unless reinvested or repaid from prior-year income.
    Voluntary contributions specifically directed to form part of corpus must be invested or deposited in prescribed modes maintained separately; application from corpus and from loans or borrowings will not qualify as application for computing the mandatory application threshold, except where reinvestment to corpus or repayment of loans from previous year's income is deposited into prescribed modes, which will then be allowed as application in that previous year. No set-off or allowance of excess application from years before the previous year shall be permitted.
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    Exemption limits for ULIPs tightened, with excluded policies taxed as capital gains and included under equity-oriented fund rules.
    Amendments exclude from the exemption under clause (10D) of section 10 those ULIPs issued on or after 1 February 2021 whose annual premium for any policy year (or aggregate premium across multiple ULIPs held by a person) exceeds the prescribed threshold, while excluding death proceeds. Such excluded ULIPs are classified as capital assets, gains on redemption are to be taxed as capital gains under a new section 45(1B) with rules for computation, and will be treated as equity oriented funds for section 112A and 111A purposes. STT is made applicable on maturity or partial withdrawal of such ULIPs.
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    Slump sale definition expanded to include all forms of transfer, extending scope of capital gains computation.
    Amendment expands the scope of the slump sale definition so that any mode of transfer included in the statutory definition of "transfer" can constitute a slump sale for capital gains computation; this codifies the judicial principle that transactions in substance amounting to a sale - including those with non monetary consideration or alternative legal forms - fall within the slump sale regime and aims to prevent structuring to defeat the provision.
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    Capital gains on dissolution: distributions in excess of capital account treated as entity income and valued at fair market value.
    Where a partner or member receives a capital asset on dissolution or reconstitution, profit or gain on that receipt is chargeable as capital gains and treated as income of the specified entity in the year of receipt, with fair market value on receipt deemed full consideration. The recipient's capital-account balance is calculated excluding increases from revaluation or self-generated goodwill/assets. Money or other assets received in excess of the capital-account balance are similarly taxed as capital gains, with the capital-account balance deemed the cost of acquisition.
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    Provisional attachment powers expanded to permit attachment during pending false-entry penalty proceedings when large penalties are likely.
    Provisional attachment permits the Assessing Officer, with prior approval from designated senior tax authorities, to attach an assessee's property for six months to protect revenue, revocable on furnishing a bank guarantee which may be invoked if tax demand remains unpaid. The Finance Bill proposes to amend this provision to allow the Assessing Officer to exercise attachment powers during pending penalty proceedings for false or omitted entries where a high-value penalty is likely to be imposed.
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    Equalisation levy broadened to cover sales and services regardless of operator ownership, with treaty-taxable royalties excluded.
    Amendments clarify that consideration chargeable to equalisation levy excludes amounts taxable as royalty or fees for technical services under a notified tax treaty; define e-commerce supply or services to include online acceptance of offers, purchase orders, payment and supply/provision (wholly or partly); broaden consideration to cover sale of goods irrespective of operator ownership and provision of services irrespective of whether provided or facilitated by the operator. These changes operate retrospectively from 1 April 2020, and section 10(50) is adjusted to the same definition and to exclude treaty-taxable royalty or FTS, effective for assessment years from 2021-22.
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    Depreciation on goodwill disallowed; purchase price treated as cost for capital gains with adjustment for prior depreciation.
    The proposal removes goodwill of a business or profession from the class of assets eligible for depreciation by excluding it from the definition of block of assets and from assets covered by section 32, provides transitional rules for blocks and capital gains where depreciation was earlier obtained, and preserves purchase price as cost of acquisition for capital gains subject to reduction by any depreciation claimed prior to the operative year.
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    Statutory time limits shortened for intimation and notices after return filing, and audit-report income adjustments formalised.
    Amendments to section 143 revise processing of returned income to allow adjustments for income increases indicated in audit reports not previously accounted for, and provide consequential changes reflecting earlier amendments to relief provisions. The statutory time limit for issuing intimations under sub section (1) is shortened to nine months from the end of the relevant financial year, and the time limit for issuing notices under sub section (2) is shortened to three months; amendments take effect from 1 April 2021.
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    Adjudicating authority under PBPT Act designated to SAFEMA Competent Authority; limitation period for orders extended to September.
    The Finance Bill designates the Competent Authority under SAFEMA as the Adjudicating Authority under the PBPT Act to commence functions from 1st July, 2021, replacing the interim discharge by the PMLA Adjudicating Authority. It also extends the time limit under sub section (7) of section 26 of the PBPT Act so that any order deadline expiring between 1st July, 2021 and 29th September, 2021 will be extended to 30th September, 2021.
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    Scope of Vivad se Vishwas Act clarified to exclude cases settled under IT settlement mechanism, with retrospective amendment.
    The Finance Bill clarifies that the Vivad se Vishwas Act, 2020 does not cover taxes arising from settlements under Chapter XIX-A of the Income-tax Act; amendments to the definitions of "appellant," "disputed tax," and "tax arrear" in VsV are proposed to expressly exclude Chapter XIX-A cases and to operate retrospectively from 17 March 2020.
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    Liable to tax defined to include existence of tax liability under any country's law, including where exemption later granted.
    The proposal inserts clause (29A) into section 2 to define "liable to tax" as a liability to tax on a person under the law of any country, expressly including cases where an exemption is provided after imposition of that liability; the definition is to apply from the statutory effective date and to subsequent assessment years.
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    Refund of excess tax under Income Declaration Scheme now payable without interest to specified persons, retrospectively effective.
    The proviso to section 191 of the Finance Act, 2016 is amended to permit refund of excess tax, surcharge or penalty paid pursuant to declarations under the Income Declaration Scheme, 2016 to a specified class of persons without payment of any interest; this amendment is to take effect retrospectively from 1st June, 2016. Section 187's deeming provision that a declaration is invalid if the tax, surcharge and penalty are not paid by the specified date remains in place.
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    TDS on purchase of goods: new low-rate withholding applies to buyers exceeding turnover threshold and high-value purchases.
    Buyers whose turnover in the preceding financial year exceeds the turnover threshold must deduct tax at a very low prescribed rate on purchases from a seller where aggregate purchases from that seller exceed the specified high-value threshold in the previous year; Central Government may exempt persons by notification. Transactions subject to other withholding or collection are excluded except where concurrent collection would arise - then the purchase withholding applies. Board-issued guidelines, binding on authorities and deductors, and a higher rate where PAN is not provided, are provided for.
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    Higher withholding for non-filers: TDS and TCS to be levied at enhanced prescribed rates on specified non filers.
    A special withholding regime imposes enhanced TDS and TCS rates on a "specified person" who failed to file returns for the two relevant prior assessment years after the filing deadline and whose aggregate TDS/TCS in each year meets a threshold; the TDS rate is the highest of twice the statutory rate, twice the rate in force, or a fixed base rate, and the TCS rate is the higher of twice the statutory rate or the fixed base rate. PAN based higher rates interact so that the greater rate applies; non residents without a permanent establishment are excluded.
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    Exemption cap on provident fund interest limits tax-free interest for high contributions, effective for future assessment years.
    Clauses (11) and (12) of section 10 are amended by a proviso excluding from exemption the interest accrued in a previous year to the extent it relates to contributions exceeding the prescribed monetary threshold in that year, with computation rules to be prescribed and the amendment applying prospectively to specified assessment years.
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    Customs duty definition clarified under Finance Bill, with amendments generally commencing on enactment unless otherwise stated.
    Finance Bill, 2021 defines Basic Customs Duty as the customs duty levied under the Customs Act, 1962 and states that amendments made through the Bill will come into effect on the date of its enactment unless otherwise specified, with clause numbers shown in square brackets to indicate relevant provisions.
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    Common portal enables electronic filing, service and automated amendments in customs procedures, with time limits and penalty enhancements.
    A common portal is introduced to enable electronic registration, filing of bills of entry and shipping bills, submission of prescribed documents, payment of duty and electronic service of orders; the customs automated system may permit risk based amendments and importer/exporter actions on the portal. Conditional exemptions will cease on a prescribed future 31st March unless extended, a two year (plus one year extension) limit is prescribed for proceedings culminating in a section 28 notice, bill of entry filing timing is tightened, pre trial disposal of seized gold requires Commissioner (Appeals) certification, inventories certified by that Commissioner gain evidentiary weight, and new confiscation and penalty provisions target wrongful refund claims and fraudulent invoices.

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      AMENDMENTS TO THE CUSTOMS TARIFF ACT, 1975

      1 February, 2026

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      Union Budget 2026-27 - Finance Bill, 2026

      (a) The First Schedule to the Customs Tariff Act, 1975 is proposed to be amended to carry out changes as under-

      A.

      Modification in Tariff rate (to be effective from 02.02.2026) * [Clause 136(a) of the Finance Bill, 2026]

      *Will come into effect immediately through a declaration under the Provisional Collection of Taxes Act, 2023

      Rate of Basic Customs Duty

      S. No.

      Heading, sub-heading, tariff item

      Commodity

      From (per cent)

      To (per cent)

      MSME sector

      1.

      6601 91 00,

      6601 99 00

      Umbrellas (other than garden umbrellas)

      20%

      20% or Rs. 60 per piece, whichever is higher

      2.

      6603 20 00, 6603 90 10, 6603 90 90

      Parts, trimmings and accessories of articles of heading 6601 to 6602

      10%

      10% or Rs. 25 per kg., whichever is higher

      B.

      Decrease in Tariff rate (to be effective from 01.04.2026) [Clause 136(b) of the Finance Bill, 2026]

      Rate of Basic Customs Duty

      1.

      9804

      All dutiable goods, imported for personal use

      20%

      10%

      C.

      Tariff rate changes (without any change in effective rate of duty) [to be effective from 01.05.2026, unless otherwise specified] * [Clause 136(c) of the Finance Bill, 2026]

      *Note:

      1. The current applied rate of Basic Customs Duty on these commodities operate through their respective exemption/concessional duty notification(s). Such corresponding entries would be omitted from the concerned notification(s) with effect from 01.05.2026, as the same would operate through the Customs Tariff Act, 1975, in the manner as detailed below. It is an exercise for simplification of the Customs tariff structure and applicable Basic Customs Duty rate on these items would remain unchanged.

      2. Heading and sub-heading referred in column (2) shall include all tariff items under such heading or sub- heading.

      3. The said changes are to be read with consequent amendments related to Social Welfare Surcharge (SWS) and Agriculture Infrastructure and Development Cess (AIDC).

      Rate of Duty

      S. No.

      Heading, sub-heading tariff item

      Commodity

      From

      To

      (1)

      (2)

      (3)

      (4)

      (5)

      1.

      0207 25 00, 0207 27 00

      Meat and edible offal of turkeys, frozen

      30%

      5%

      2.

      0306 36 60

      Artemia

      5%

      Nil

      3.

      0511 91 40

      Artemia cysts

      5%

      Nil

      4.

      0802 11 00

      Almonds, in shell

      Rs.42 per kg

      Rs.35 per kg

      5.

      0802 12 00

      Almonds, shelled

      Rs.120 per kg

      Rs. 100 per kg

      6.

      0802 31 00

      Walnuts, in shell

      120%

      100%

      7.

      1209 (other than those falling under sub headings 1209 91 and 1209 99)

      Seeds, fruit and spores, of a kind used for sowing

      30%

      15%

      8.

      1505

      Wool grease and fatty substances derived therefrom (including lanolin)

      30%

      15%

      9.

      2008 19 21, 2008 19 22, 2008 19 29, 2008 19 91

      Makhana, other roasted nuts and seeds

      150%

      30%

      10.

      2008 19 92

      Other nuts, otherwise prepared or preserved

      150%

      30%

      11.

      2309 90 31

      Prawn and shrimps feed

      15%

      5%

      12.

      2504

      Natural graphite

      5%

      2.5%

      13.

      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

      14.

      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%

      15.

      2530 90 91

      Strontium sulphate (natural ore)

      5%

      Nil

      16.

      2701, 2702, 2703

      Coal; briquettes, ovoids and similar solid fuels manufactured from coal; Lignite, whether or not agglomerated, excluding jet; Peat (including peat litter), whether or not agglomerated

      5%

      2.5%

      17.

      2709 00 10

      Petroleum crude

      5%

      Re 1 per tonne

      18.

      2804 50 20

      Tellurium

      5%

      Nil

      19.

      2804 61 00

      Silicon, containing by weight not less than 99.99% of silicon

      5%

      Nil

      20.

      2804 69 00

      Silicon, other

      5%

      Nil

      21.

      2804 90 00

      Selenium

      5%

      Nil

      22.

      2805 30 00

      Rare-earth metals, scandium and yttrium, whether or not intermixed or inter alloyed

      5%

      Nil

      23.

      2809 20 10

      Phosphoric Acid

      7.5%

      5%

      24.

      2811 22 00

      Silicon dioxide

      7.5%

      2.5%

      25.

      2816 40 00

      Oxides, hydroxides and peroxides, of strontium or barium

      7.5%

      Nil

      26.

      2822 00 10

      Cobalt oxides

      7.5%

      Nil

      27.

      2822 00 20

      Cobalt hydroxides

      7.5%

      Nil

      28.

      2822 00 30

      Commercial cobalt oxides

      7.5%

      Nil

      29.

      2825 20 00

      Lithium oxide and hydroxide

      7.5%

      Nil

      30.

      2825 30

      Vanadium oxides and hydroxides

      7.5%

      Nil

      31.

      2825 60 10

      Germanium oxides

      7.5%

      Nil

      32.

      2825 70

      Molybdenum oxides and hydroxides

      7.5%

      Nil

      33.

      2825 80 00

      Antimony Oxides

      7.5%

      Nil

      34.

      2825 90 20

      Cadmium oxide

      7.5%

      Nil

      35.

      2827 35 00

      Chlorides of Nickel

      7.5%

      Nil

      36.

      2827 39 30

      Strontium chloride

      7.5%

      Nil

      37.

      2833 24 00

      Sulphates of Nickel

      7.5%

      Nil

      38.

      2834 21 00

      Nitrates of potassium

      7.5%

      Nil

      39.

      2836 91 00

      Lithium carbonates

      7.5%

      Nil

      40.

      2836 92 00

      Strontium carbonate

      7.5%

      Nil

      41.

      2910 20 00

      Methyloxirane (propylene oxide)

      5%

      2.5%

      42.

      2918 15 30

      Bismuth citrate

      7.5%

      Nil

      43.

      3102 30 00

      Ammonium nitrate, whether or not in aqueous solution

      10%

      5%

      44.

      3801

      Artificial Graphite; colloidal or semi-colloidal graphite; preparations based on graphite or other carbon in form of pastes, blocks, plates or other semi- manufactures

      7.5%

      2.5%

      45.

      3808 93 30

      Gibberellic acid

      10%

      5%

      46.

      3904

      Polymers of vinyl chloride or of other halogenated olefins, in primary forms

      10%

      7.5%

      47.

      4906

      Plans and drawings for architectural, engineering, industrial, commercial, topographical or similar purposes, being originals drawn by hand; hand-written texts; photographic reproductions on sensitised paper and carbon copies of the foregoing

      10%

      Nil

      48.

      5201 00 25

      Other cotton of staple length exceeding 32.0 mm

      5%

      Nil

      49.

      7202 60 00

      Ferro-nickel

      2.5%

      Nil

      50.

      7402 00 10

      Blister copper

      5%

      Nil

      51.

      7802

      Lead waste and scrap

      5%

      Nil

      52.

      7902

      Zinc waste and scrap

      5%

      Nil

      53.

      8105 20 30

      Cobalt powders

      5%

      Nil

      54.

      8419 89 12, 8419 89 13, 8419 89 14, 8419 89 15, 8419 89 16, 8419 89 17, 8419 89 19

      Reactors, columns or towers or chemical storage tanks

      10%

      7.5%

      NEW TARIFF LINES HAVE BEEN CREATED

      S. No.

      Chapter/ heading/sub- heading/tariff item mentioned in notification

      Commodity

      New tariff item being created w.e.f. 01.05.2026

      Rate of duty

      (1)

      (2)

      (3)

      (4)

      (5)

      55.

      0306 19 00

      Krill, frozen

      0306 19 10

      15%

      56.

      0802 99 00

      Pecan Nuts

      0802 99 10

      30%

      57.

      0810 40 00

      Cranberries, fresh

      0810 40 10

      10%

      58.

      0810 40 00

      Blueberries, fresh

      0810 40 20

      10%

      59.

      0811 90

      Cranberries, frozen

      0811 90 11 0811 90 91

      10%

      60.

      0811 90

      Blueberries, frozen

      0811 90 12 0811 90 92

      10%

      61.

      0813 40 90

      Cranberries, dried

      0813 40 30

      10%

      62.

      0813 40 90

      Blueberries, dried

      0813 40 40

      10%

      63.

      1207 99 90

      Shea Nuts

      1207 99 50

      15%

      64.

      2008 93 00

      Cranberries, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included

      2008 93 10

      5%

      65.

      2008 99

      Blueberries, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included

      2008 99 15

      10%

      66.

      2106 90

      Other than compound alcoholic preparations of a kind used for manufacture of beverages, of an alcoholic strength by volume exceeding 0.5% vol., determined at 20 degrees centigrade

      2106 90 (other than 2106 90 51)

      50%

      67.

      2202 99

      Cranberry products

      2202 99 21, 2202 99 31, 2202 99 91

      10%

      68.

      2529 22 00

      Acid grade fluorspar containing by weight more than 97% of calcium fluoride

      2529 22 10

      2.5%

      69.

      2615 90

      Hafnium ores and concentrates

      2615 10 10

      Nil

      70.

      2841

      Ammonium metavanadate

      2841 90 10

      2.5%

      71.

      29

      Gibberellic acid

      2932 20 40

      5%

      72.

      29

      Triethyl orthoformate

      2915 90 96

      5%

      73.

      29

      Diethyl malonate

      2917 19 22

      5%

      74.

      29

      DL-2 Aminobutanol

      2922 19 30

      5%

      75.

      29

      Aceto butyrolactone

      2932 20 50

      5%

      76.

      29

      Artemisinin

      2932 99 30

      5%

      77.

      29

      Thymidine

      2934 99 50

      5%

      78.

      3302 10

      Mixtures of odoriferous substances of a kind used in food or drink industries other than compound alcoholic preparations of a kind used for manufacture of beverages, of an alcoholic strength by volume exceeding 0.5% vol., determined at 20 degrees centigrade

      3302 10 19, 3302 10 99

      10%

      79.

      4104 11 00, 4104 19 00, 4105 10 00, 4106 21 00, 4106 31 00, 4106 91 00

      Wet blue leather (hides and skin)

      4104 11 10, 4104 19 10, 4105 10 10, 4106 21 10, 4106 31 10, 4106 91 10

      Nil

      80.

      4702

      Rayon grade wood pulp

      4702 00 10

      2.5%

      81.

      4823 90 90

      All goods other than kites

      4823 90 90 (kites fall under new tariff item 4823 90 40)

      10%

      82.

      8101 99 90

      Tungsten (wolfram) bars and rods, other than those obtained simply by sintering, profiles, plates, sheets, strip and foil

      8101 99 20

      5%

      83.

      8415 90 00

      All goods other than indoor or outdoor units of split-system air conditioner

      8415 90 90

      10%

      84.

      8421 99 00

      All goods other than Reverse Osmosis (RO) membrane element for household type filters

      8421 99 90

      7.5%

      85.

      8507 90

      Battery separators

      8507 90 20

      5%

      86.

      8529 10 99, 8529 90 90

      Parts suitable for use solely or principally with the apparatus of headings 8525, 8526 or 8527

      8529 10 93, 8529 90 30

      10%

      87.

      8609 00 00

      Refrigerated containers

      8609 00 10

      5%

      (b) In addition to the above, the First Schedule to the Customs Tariff Act, 1975 has also been amended to create new tariff items which will, inter-alia, help in better product identification; getting actual transaction data of precursor chemicals and help in their effective monitoring; facilitating, tracking exports and deciding policy measures for plant-based extract products. These changes will be effective from 1.05.2026, unless otherwise specified.

       


      Full Text:

      Union Budget 2026-27 - Finance Bill, 2026

      Topics

      ActsIncome Tax