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Act Rules Bills
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Recovery of ancillary tax liabilities: non tax sums become recoverable using the same arrears procedures and enforcement tools.
Clause 419 provides that any sum imposed by way of interest, fine, penalty, or any other sum payable under the Act shall be recoverable in the manner provided in this Part for the recovery of arrears of tax, thereby subjecting ancillary monetary liabilities to the same procedural recovery tools as tax arrears.
Act Rules Bills
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Mutual tax recovery enables cross-border enforcement by domestic authorities acting on foreign tax collection requests under treaty terms.
Clause 418 creates a mutual tax recovery framework under international agreements: foreign authorities may send a certificate to the central tax board to be executed by the Tax Recovery Officer against residents or property in India in the same manner as domestic tax arrears, with recovered sums remitted net of expenses; conversely, the TRO may forward domestic recovery certificates to the Board for action abroad when the assessee is a foreign resident or has foreign property, with the Board acting pursuant to the terms of the relevant agreement.
Act Rules Bills
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Recovery through State Government: central income tax may be collected with local taxes when entrusted, expanding local enforcement.
Recovery through State Government permits State Governments, upon entrustment under Article 258(1), to direct that central income tax be recovered in specified areas with, and as an addition to, municipal taxes or local rates by the same person and in the same manner as local taxes, creating a legal mechanism to integrate central tax enforcement into local recovery machinery while raising concerns about procedural safeguards, accounting, and dispute-resolution.
Act Rules Bills
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Third-party recovery enabling garnishee notices and conversion of non-compliant payers into defaulters for tax arrears enforcement.
Clause 416 empowers the Assessing Officer and the Tax Recovery Officer to use alternative recovery modes pre- and post-certificate, including recovery from salary with statutory protection for exempt portions, a comprehensive third-party recovery regime through notices to debtors or asset holders (including joint holders, objection and indemnity mechanisms, discharge on compliance, and conversion of non-compliant recipients into assessees in default), court-application for funds held in judicial custody, and distraint and sale of movable property subject to prescribed manner and supervisory approval.
Act Rules Bills
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Stay of tax recovery: TRO must pause enforcement and amend or cancel certificates to reflect appellate reductions.
Clause 415 requires the Tax Recovery Officer to grant time for payment and automatically stay recovery during that period; when a demand is reduced on appeal or other proceeding the TRO must stay recovery to the extent of the reduction while further proceedings are pending and must amend or cancel the recovery certificate once the reduction is final, establishing a mandatory, real-time mechanism to align enforcement with appellate outcomes and protect taxpayers from unjust recovery.
Act Rules Bills
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Finality of tax recovery certificates: TRO may cancel or correct certificates while assessees are barred from challenging them.
Clause 413(4) empowers the Tax Recovery Officer to cancel a recovery certificate "if, for any reason, he considers it necessary so to do" and to correct "any clerical or arithmetical mistake"; Clause 413 as a whole bars the assessee from disputing the certificate's correctness at the recovery stage, while the correction power is limited to mechanical errors and procedural safeguards such as notice or recorded reasons are not specified.
Act Rules Bills
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Tax Recovery Officer jurisdiction clarified: transferable recovery certificates enable inter jurisdictional enforcement subject to prescribed certification.
Clause 414 sets the rule for which Tax Recovery Officer may effect recovery: the TRO where the assessee carries on business or has a principal place of business, and the TRO where the assessee resides or any of the assessee's movable or immovable property is situated. It permits transfer of recovery certificates between TROs when assets span jurisdictions or recovery cannot be effected locally, authorises the receiving TRO to act as if the certificate were its own, and requires certification in the prescribed form to ensure procedural integrity.
Act Rules Bills
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Tax recovery certificate empowers administrative enforcement and bars collateral challenges to expedite arrears collection.
Clause 413 empowers the Tax Recovery Officer to draw up a prescribed-form certificate under signature specifying arrears and to initiate recovery by attachment and sale of movable and immovable property, arrest, or appointment of a receiver. It permits parallel recovery proceedings, allows administrative cancellation or correction of certificates, and bars the assessee from disputing the correctness of the certificate at the recovery stage. Clause 413 expands recoverable property to include certain intra-family transfers made without adequate consideration from 1 June 1973, preserving liability for arrears predating a minor transferee's majority.
Act Rules Bills
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Penalty for tax default: discretionary but capped enforcement with mandatory hearing and refund if liability is set aside.
An assessee defaulting on tax payment is liable to a discretionary penalty in addition to arrears and interest, with the Assessing Officer empowered to impose successive penalties for continuing default. Aggregate penalties are capped at the amount of tax in arrears. Procedural safeguards mandate a reasonable opportunity of being heard and exemption where good and sufficient reasons are shown. Payment of tax before penalty does not extinguish liability, but penalty is cancelled and refunded if the tax liability is finally reduced to nil.
Act Rules Bills
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Tax default and recovery: rules on payment timelines, interest adjustment, waiver procedures, and deferment during appeals.
Clause 411 sets the conditions for payment of tax on a notice of demand, the deemed default trigger for coercive recovery, and AO powers to shorten payment periods, extend time or allow instalments. It prescribes interest on unpaid demands with adjustment where liabilities change, prevents overlapping interest charges, allows time bound waiver or reduction of interest for hardship with a hearing requirement, permits deferment of default treatment during appeals on conditions, and protects remittance restricted foreign income from being treated as default.
Act Rules Bills
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Advance tax credit ensures payments are applied to the relevant tax year and credited in regular assessment.
Sums paid or recovered as advance tax, excluding penalty and interest, shall be treated as payment of tax for the income of the tax year in which payable, and credit for such advance tax must be given to the assessee in the regular assessment; the clause covers voluntary payments and recoveries and ties credit to the relevant tax year, while procedural mechanisms, definition of tax year, and treatment on reassessment are left to subordinate rules.
Act Rules Bills
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Advance tax default: three independent triggers establish deemed default and activate statutory consequences for noncompliance.
Clause 409 deems a taxpayer in default for advance tax where the taxpayer fails to: pay an instalment specified by an Assessing Officer by the due date; send an intimation of revised liability to the Assessing Officer by the date an unpaid instalment becomes due; or pay advance tax based on the taxpayer's own estimate of current income. The clause frames these three independent triggers as grounds for deeming default, thereby activating statutory consequences such as interest, penalties, and recovery measures.
Act Rules Bills
Show AI Summary
Advance tax instalment schedule: staged payments and a single-instalment rule for presumptive taxpayers streamline compliance and revenue flow.
Clause 408 requires assessees to pay advance tax in staged instalments during the tax year, with progressive minimum thresholds and specified due dates, and treats amounts paid on or before the last day of the tax year as advance tax. It provides a single-instalment exception for presumptive taxpayers and cross-references the statutory computation provision for determining current income, while updating terminology and certain cross-references that will require harmonisation with other provisions.
Act Rules Bills
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Advance tax orders: AO may require payment based on the higher of assessed or returned income, with taxpayer estimation rights.
Clause 407 authorises the Assessing Officer to order advance tax from persons already assessed, specifying a specified sum-the higher of the latest assessed income or subsequently returned income-and an instalment schedule, with such orders and any amendments requiring accompanying notices of demand and adherence to prescribed timing and procedural safeguards.
Act Rules Bills
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Advance tax self assessment: Bill emphasizes taxpayer initiated instalments and mid year revision, shifting reliance onto voluntary compliance.
Clause 406 requires every person liable to pay advance tax to self assess and remit instalments based on the specified sum, defined as the assessee's estimate of current income, calculated by the cross referenced methodology and paid by statutory due dates; taxpayers may increase or reduce subsequent instalments to accord with revised estimates, while the clause itself does not set out administrative order powers.
Act Rules Bills
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Advance tax computation: formula-based method clarifies net tax after TDS/TCS credits and tightens credit conditions.
Clause 405 adopts a formulaic computation of advance tax: A = B - C, where B is tax on the "specified sum" and C is TDS/TCS deductible only if the income is included in the specified sum and the deductor/collector has actually credited/paid or received/debited the income post deduction/collection. Net agricultural income is included by reference to assessing officer orders or the assessee's estimate as applicable. The clause modernises drafting and omits the prior HUF specific provision, raising potential gaps.
Act Rules Bills
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Advance tax liability retained; payable during the tax year when computed tax meets the statutory threshold, preserving continuity.
Clause 404 requires payment of advance tax during the tax year when the amount of tax "as computed under this Part" for that year reaches the statutory threshold, linking liability to the year of income accrual, incorporating deductions, exemptions and set offs in computation, and using the threshold to exclude small liabilities from procedural advance payments.
Act Rules Bills
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Advance tax liability clarified: pay tax on current income during the tax year, with a narrow senior citizen exemption.
Clause 403 requires payment of advance tax during the tax year on an assessee's current income, defined as the total income chargeable to tax for that tax year, and exempts resident individuals aged sixty or above who have no income under "Profits and gains of business or profession." The provision replaces earlier temporal terms with "tax year" and references mechanisms within "this Part," indicating structural reorganization and necessitating clear definitions and transitional guidance.
Act Rules Bills
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PAN non compliance increases withholding and collection rates and invalidates declarations, expanding PAN obligations to both TDS and TCS.
Clause 397(2) mandates furnishing and quoting of PAN by deductees and collectees, invalidates certain declarations and applications where PAN is absent, and requires deductors/collectors to apply prescribed higher rates of TDS and TCS in the absence of PAN. The clause covers both TDS and TCS, provides exemptions for specified non resident scenarios and specified payments, caps TDS on certain rent payments at the last month's rent, and emphasizes comprehensive documentation and reporting obligations to enhance traceability and enforcement.
Act Rules Bills
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Centralized processing of withholding statements enables automated determination and intimation of amounts payable or refundable.
Centralized processing creates an automated, unified mechanism for TDS and TCS statements, including correction statements, requiring rectification of arithmetical errors and apparent incorrect claims, computation of interest and fees on adjusted amounts, adjustment against prior payments, issuance of an intimation within one year from the end of the tax year, and grant of refunds; the Board may establish a centralized processing scheme and must address interpretive gaps such as the undefined scope of "incorrect claim apparent" and the tax year/financial year distinction.

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PROPOSALS INVOLVING CHANGES IN BASIC CUSTOMS DUTY RATES AND CLARIFICATORY AMENDMENTS IN RESPECTIVE NOTIFICATIONS - FINANCE (No.2) BILL, 2019

5 July, 2019

Contents
Rules & Regulations
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PROPOSALS INVOLVING CHANGES IN BASIC CUSTOMS DUTY RATES AND CLARIFICATORY AMENDMENTS IN RESPECTIVE NOTIFICATIONS

S. No

Heading, sub-heading tariff item

Commodity

From

To

 

 

Defence 

 

 

1

Any Chapter 

Specified Defence equipment and their parts imported by the Ministry of Defence or the Armed Forces

Applicable rate

Nil

 

 

Medical Devices

 

 

2

Any Chapter

Raw material, parts or accessories  for use manufacture of artificial kidneys, disposable sterilized dialyzer and micro-barrier of artificial kidney

Applicable rate

Nil

 

 

Food processing

 

 

3

0801 32 10

Cashew kernel broken 

₹ 60/ Kg or45%, whichever is higher

70%

4

0801 32 20,

0801 32 90

Cashew kernel whole, Cashew nuts shelled, others 

₹ 75/ Kg or 45%, whichever is higher

70%

 

 

Nuclear Fuels and Nuclear Energy projects

 

 

5

2612 10 00

All forms of Uranium ores and Concentrates for generation of nuclear power (Uranium concentrate U3O8 already exempt)

2.5%

Nil

6

2844 20 00

All goods for use in generation of Nuclear power (Certain goods such as sintered natural uranium dioxide already exempt)

7.5%

Nil

7

9801

All goods required for setting up of the following power projects under project imports: -

a)Mahi Banswara Atomic Power project- 1 to 4, Mahi Banswara site Rajasthan

b)Kaiga Atomic Power project – 5 & 6, Kaiga site, Karnataka

c)Gorakhpur Atomic Power project- 3 & 4, GHAVP, Haryana

d)Chutka Atomic Power project- 1 & 2, Chutka site, Madhya Pradesh

Applicable rate

Nil

 

 

Oils and associated chemicals 

 

 

8

Chapter 15, 

2915 70,

3823 11 00,

3823 12 00, 3823 13 00,

3823 19 00

Palm stearin and other oils, having 20% or more free fatty acid, Palm Fatty Acid Distillate and other industrial monocarboxylic fatty acids, acid oils from refining, for use in manufacture of soap and oleochemicals.

Nil

7.5%

 

 

Petroleum and Petrochemicals

 

 

9

2709 00 00

Petroleum Crude

Nil

Re. 1 per tonne

10

2710

Naphtha

5%

4 %

11

2903 15 00

Ethylene dichloride (EDC)

2%

Nil

12

2910 20 00

Methyloxirane (Propylene Oxide)

7.5%

5%

13

 

Plastic and Rubber 

 

 

14

3904

Poly Vinyl Chloride

7.5%

10%

15

3926 90 91,

3926 90 99 

Articles of plastics 

10%

15%

16

4002 31 00

 All goods i.e. Butyl Rubber

5%

10%

17

4002 39 00

 Chlorobutyl rubber or bromobutyl rubber

5%

10%

 

 

Paper and Paper products

 

 

18

 48

a. Newsprint 

Nil

10%

 

 

b.Uncoated paper used for printing of newspapers

 

 

 

 

c.Lightweight coated paper used for printing of magazines

 

 

19

4901 10 10,

4901 91 00,

4901 99 00

Printed books (including covers for printed books) and printed manuals, in bound form or in loose-leaf form with binder, executed on paper or any other material including transparencies.

Nil

5%

 

 

Textiles

 

 

20

5101

Wool Fibre

5%

2.5%

21

5105

Wool Tops

5%

2.5%

 

 

Flooring materials

 

 

22

2515 12 20,

6802 10 00,

6802 21 10,

6802 21 20,

6802 21 90,

6802 91 00,

6802 92 00

Marble Slabs

20%

40%

 

 

Inputs for Optical Fibres

 

 

23

28 or 70

Raw materials used in manufacture of Preform of Silica:-

(i)Refrigerated Helium Liquid (2804 29 10)

(ii)Silicon Tetra Chloride and Germanium Tetra Chloride (2812 19 20, 2812)

(iii)Silica Rods (7002 20 90)

(iv)Silica Tube (7002 31 00)

Applicable Rate

 

Nil  

24

5603 94 00

Water blocking tapes for manufacture of optical fiber cable

Nil

20%

 

 

Precious Metals

 

 

25

7106

Silver dore bar, having silver content not exceeding 95%

8.5%

11%

26

7108

Gold dore bar, having gold content not exceeding 95%

9.35%

11.85%

27

71 or 98

(a) Gold (excluding ornaments studded with stones or pearls) imported by an eligible passenger as baggage

(b)Silver (excluding ornaments studded with stones or pearls)  imported by an eligible passenger as baggage

10%

12.5%

 

 

Iron and Steel, Other base metals

 

 

28

7218

Stainless steel in ingots or other primary forms; semi-finished products of stainless less

5%

7.5%

29

7224

Other alloy steel in ingots or other primary forms; semi-finished products of other alloy steel

5%

7.5%

30

 

7225, 

7225 19 90

Inputs for the  manufacture of CRGO steel:-

a) MgO coated cold rolled steel coils

b)Hot rolled coils

c)Cold-rolled MgO coated and annealed steel

d)Hot rolled annealed and pickled coils

e)Cold rolled full hard

5%

2.5%

31

7226 99 30

Amorphous alloy ribbon

10%

5%

32

7229

Wire of other alloy steel (other than INVAR)

5%

7.5%

33

8105 20 10

Cobalt mattes and other intermediate products of cobalt metallurgy

5%

2.5%

 

 

Capital goods

 

 

34

8474 20 10

Stone crushing (cone type) plants for the construction of roads

Nil

7.5%

35

82, 84, 85 or 90

Capital goods used for manufacturing of following electronic items, namely-

(i)Populated PCBA

(ii)Camera module of cellular mobile phones

(iii)Charger/Adapter of cellular mobile phone

(iv)Lithium Ion Cell

(v)Display Module

(vi)Set Top Box

(vii)Compact Camera Module 

Applicable rate

Nil

36

84, 85 or 90

Capital goods used for manufacturing of specified electronic items, namely-

(i)Cathode Ray tubes;

(ii)CD/CD-R/DVD/DVD-R;

(iii)Deflection components, CRT monitors/CTVs;

(iv)Plasma Display Panel

Nil 

Applicable 

 

 

Electronics

 

 

37

8504 40

Charger/Power adapter for CCTV camera/IP camera/DVR/NVR

Nil

15%

38

85

Specified electronic items like plugs, sockets, switches, connectors,  relays.

Nil

Applicable rate

 

 

Automobile and automobile parts 

 

 

39

8421 39 20,

8421 39 90

Catalytic convertor (All goods under these tariff items other than catalytic converters will continue at 7.5%)

5%

10%

40

8702, 8704

Completely Built Unit (CBU) of vehicles falling under heading 8702, 8704

25%

30%

41

Any Chapter 

(i)E-Drive assembly, 

(ii)On board charger, 

(iii)E-compressor and

(iv)Charging Gun

Following parts of electric vehicles: -

Applicable rate

Nil

42

87

Prescribing actual user condition in respect of existing exemption from BCD to parts of Hybrid vehicles

-

-

 

 

Oil rigs and other goods used for oil exploration

 

 

43

84 or any other chapter 

Providing option to pay BCD at transaction value on the disposal of goods, imported without payment of customs duty for petroleum operations / coal bed Methane operations where such disposal is made in unserviceable and mutilated condition

Applicable rate on depreciated value 

7.5% on transaction value

 

 

Export Promotion for Sports goods

 

 

44

39 , 4407 

Foam/EVA foam (39) and Pine Wood (4407) are being included in the list of items allowed duty free import upto 3% of FOB value of sports goods exported in the preceding financial year subject to specified conditions

Applicable rate

Nil

 

Clarifications and Miscellaneous changes regarding Basic Customs Duty

 

 

Fisheries

 

 

45

2309

Clarification is being issue that prawn feed and shrimp larvae feed, other than in pellet form will also attract 5% customs duty applicable on other fish feed in pellet form.  

 

 

 

 

Topics

Acts Income Tax