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    Case LawsCentral Excise
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    Case LawsCentral Excise
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    Tariff classification: Sloans Balm and Sloans Rub placed under medicated topical preparations, not the alternate heading.
    Classification dispute over topical proprietary preparations marketed as Sloans Balm and Sloans Rub; the operative determination places these products within Sub Heading 3003.30 rather than Sub Heading 3003.10 of the Tariff Act, based on the products' character and the tariff terminology.
    Case LawsCentral Excise
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    Classification of Himtaj Oil as Ayurvedic medicament confirmed, excluding perfumed hair oil category under tariff.
    The document determines that the classification question for Himtaj Oil is whether it is an Ayurvedic Medicament or a perfumed hair oil; it records the authoritative precedent that the product properly falls within the Ayurvedic Medicaments sub heading rather than the perfumed hair oil tariff heading, applying character based classification principles to distinguish medicament articles from cosmetic preparations.
    Case LawsCentral Excise
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    Tariff classification: lip salve treated as a cosmetic preparation, not a medicated product, affecting applicable tariff placement.
    The expression Lip Salve is classified under Sub Heading 33.04 read with Note No.5 of Chapter 33, and not under Sub Heading 33.03, thereby treating lip salves as cosmetic preparations rather than medicated preparations for tariff and central excise classification purposes.
    Case LawsCentral Excise
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    Fragrant mat classification placed under specific fragrance preparations heading rather than the generic perfume preparations heading.
    The operative classification ruling states that the term "Fragrant Mat" is classifiable under Sub-Heading 3307.41 rather than 3307.49, treating such items as specific fragrance preparations for tariff and excise purposes.
    Case LawsCentral Excise
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    Tariff classification of conveyor belts clarified under harmonised system guidance, confirming current classification under polymeric goods heading.
    The conveyor belt item was held to fall within Tariff Heading 3922.90 for an earlier period and within Tariff Heading 3926.90 for a later period, and under the latest tariff remains classifiable under the tariff item corresponding to 3926.90; the Harmonised System Explanatory Note to Tariff Heading 39.26 is the guiding interpretive aid because the Tariff Schedule is based on the Harmonised Coding System.
    Case LawsCentral Excise
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    Classification of block board as similar laminated wood affirms inclusion under laminated-wood headings, though later tariff notes may reassign it.
    The phrase "similar laminated wood" in the laminated wood heading was construed to include block boards of all kinds, and later amendments to chapter notes only clarified that implicit scope; however, current chapter and supplementary notes may assign block boards to a different tariff entry, making present classification dependent on the operative tariff wording.
    Case LawsCentral Excise
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    Tariff classification of pesticides: specific Chapter 38 headings control classification of insecticidal and fungicidal preparations.
    Classification of technical grade pesticides depends on specific tariff headings: general provisions in Chapters 28 and 29 give way to the specific provisions of Chapter 38 for insecticides and pesticides, so TGP and formulations with insecticidal or fungicidal properties are classifiable under the specific headings in Chapter 38 rather than under earlier residuary headings, with preparations of insecticidal or fungicidal character falling under Heading 38.08.
    Act RulesGST
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    Convertible foreign exchange: payments from buyer FCNR/NRE accounts may qualify for zero-rated export benefit under GST.
    Payments received from a buyer's FCNR/NRE account may be treated as received in convertible foreign exchange for claiming the zero-rated supply benefit under GST where such receipt conforms to modes authorised by Regulation 4 of the Foreign Exchange Management (Manner of Receipt and Payment) Regulations, 2000; the position is interpretive and authoritative clarification is suggested to resolve compliance uncertainty.
    Act RulesGST
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    Convertible foreign exchange requirement necessary to qualify services as zero-rated exports under GST, where payment is received in foreign currency.
    The operative requirement for classifying cross-border services as zero-rated is mandatory receipt of payment in convertible foreign exchange; absence of such receipt prevents claiming exemption or zero-rated treatment for export of services.
    Act RulesGST
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    Export of services: cross border supply requires foreign recipient, foreign place of supply, and foreign exchange payment.
    The concept of export of services requires five conjunctive conditions: supplier located in India; recipient located outside India; place of supply outside India; payment received in convertible foreign exchange; and the supplier and recipient not being merely distinct establishments of the same person.
    Act RulesGST
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    Receipt in convertible foreign exchange required for export GST exemption; realization must meet foreign exchange timelines.
    Whether export of goods qualifies for exemption or zero-rated GST depends on receipt of consideration in convertible foreign exchange and adherence to the realization timeframe under Regulation 9 of the Foreign Exchange Management (Export of Goods and Services) Regulations, 2015, which requires realization of export proceeds within nine months (subject to extension).
    Act RulesGST
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    Export of goods under GST means removal of goods from India to a location outside India for classification purposes.
    The term export of goods under the integrated GST framework is defined to mean the act of taking goods out of India to a place outside India, inclusive of its grammatical variations and cognate expressions; this definition identifies when the movement of goods qualifies as export for GST classification.
    Act RulesGST
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    Continuous journey under GST defines when contemporaneous tickets and no intervening stop constitute one uninterrupted trip for tax treatment.
    The definition treats a journey as a continuous journey where one or more tickets or invoices are issued at the same time by a single supplier or an agent on behalf of multiple suppliers and there is no stopover between the legs covered by those tickets or invoices; a "stopover" is where a passenger disembarks to transfer or to break the journey and resume it later.
    Act RulesGST
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    Location of supplier: treat the supplier's place of business as the determining factor for place of supply under GST.
    Location of supplier of goods is not defined in the GST/IGST Acts; it should be treated as the place where the supplier was located immediately before or at the time of supply and before movement of goods. A CBIC flier treats the supplier's place of business as the relevant location, supporting use of the supplier's business location for determining place of supply under Section 10 and inter state rules.
    Act RulesGST
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    Location of supplier of services determines place of supply under GST-prioritise place of business, fixed establishment, then residence.
    Location of the supplier of services determines place of supply under GST/IGST by a hierarchical rule: (a) location of the registered place of business; (b) location of the fixed establishment when supply is made from another place; (c) location of the establishment most directly concerned where multiple establishments are involved; and (d) otherwise the usual place of residence of the supplier.
    Act RulesGST
    Show AI Summary
    Location of recipient of services determines place of supply; prioritise registered business, fixed establishment, most concerned establishment, then residence.
    The location of the recipient of services is determined hierarchically: (a) the location of the registered place of business where the supply is received; (b) if received at a place other than the registered place, the location of the fixed establishment elsewhere; (c) where received at multiple establishments, the establishment most directly concerned with receipt; and (d) if none of these exist, the usual place of residence of the recipient. The IGST Act contains the same hierarchical definition.
    Act RulesBills
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    Taxability of gifts expanded to all assessees; assets received without adequate consideration treated as taxable income.
    The amendment inserts a new clause in subsection (2) of section 56 to tax assets received without or for inadequate consideration across all categories of assessees, subsuming earlier clause-based provisions that applied only to individuals, HUFs or certain share receipts, and rationalises the exceptions by revising and adding specified carve-outs while sunsetting the earlier clauses.
    Act RulesBills
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    Cost of acquisition rules: cutoff date advanced, altering use of prior fair market value for long-term capital assets.
    Amendment to section 55 advances the statutory cut-off date used to compute cost of acquisition and cost of improvement for long-term capital assets: where an asset was acquired before the new cut-off date, its cost of acquisition is to be treated as the asset's value on that cut-off date and cost of improvement is recognised only if incurred after that date, with fair market value at the cut-off date available as the basis. The amendment is effective from 1st April, 2018 and applies to the assessment year 2018-2019 onwards.
    Act RulesBills
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    Capital gains exemption expanded to include government notified bonds, widening eligible investments for deferring tax on long term gains.
    Amendment to section 54EC broadens the definition of qualifying instruments by allowing the Central Government to notify additional specified bonds beyond the previously listed redeemable bonds, thereby expanding the range of investments that can be used to claim the capital gains exemption; the amendment takes effect from the stated commencement and applies to the indicated assessment year and subsequent years.
    Act RulesBills
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    Fair market value deemed consideration for unquoted share transfers, altering capital gains valuation under prescribed rules.
    The fair market value of unquoted company shares, determined in the prescribed manner, is to be deemed the full value of consideration for computing capital gains on transfer; a statutory definition of "quoted share" is to be provided and the rule applies prospectively from the stated effective date.

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      AMENDMENTS IN THE FIRST SCHEDULE TO THE CUSTOMS TARIFF ACT, 1975  - FINANCE (No.2) BILL, 2019

      5 July, 2019

      Contents
      Rules & Regulations
      Summary
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      AMENDMENTS IN THE FIRST SCHEDULE TO THE CUSTOMS TARIFF ACT, 1975   

       

      AMENDMENTS

      A.

      Tariff rate changes for  Basic Customs Duty [to be effective from 06.07.2019]*  [Clause [87(a)] of the Finance (No. 2) Bill, 2019]

      Rate of Duty

      S. No

      Heading, sub-heading tariff item

      Commodity

      From

      To

       

       

      Construction Materials

       

       

      1

      3918

      Floor covering of plastics, Wall or ceiling coverings of plastics

      10%

      15%

      2

           

      6905,

      6907

      Ceramic roofing tiles and ceramic flags and pavings, hearth or wall tiles 

      10%

      15%

      3

      8302

      Base metal fittings, mountings and similar articles suitable for furniture, doors, staircases, windows, blinds, hinge for auto mobiles 

      10%

      15%

       

       

      Precious Metals

       

       

      4

      7106

      Silver (including silver plated with gold or platinum) unwrought or in semimanufactured forms, or in powdered form

      10%

      12.5%

      5

      7107 00 00

      Base metals clad with silver, not further worked than semi-manufactured

      10%

      12.5%

      6

      7108

      Gold (including gold plated with platinum) unwrought or in semimanufactured forms, or in powder form 

      10%

      12.5%

      7

      7109 00 00

      Base metals or silver, clad with gold, not further worked than semimanufactured

      10%

      12.5%

      8

      7110

      Platinum, unwrought or in semi-manufactured form, or in powder form

      10%

      12.5%

      9

      7111 00 00

      Base metals, silver or gold, clad with platinum, not further worked than semimanufactured

      10%

      12.5%

      10

      7112

      Waste and scrap of precious metals or of metal clad with precious metals; other waste and scrap containing precious metal compounds, of a kind used principally for the recovery of precious metal

      10%

      12.5%

       

       

      Automobile parts 

       

       

      11

      6813

      Friction material and articles thereof (for example, sheets, rolls, strips, segments, discs, washers, pads), not mounted, for brakes, for clutches or the like, with a basis of asbestos, of other mineral substances or of cellulose, whether or not combined with textile or other materials. 

      10%

      15%

      12

      7009

      Glass mirrors, whether or not framed, including rear-view mirrors

      10%

      15%

      13

      8301 20 00

      Locks of a kind used in motor vehicles 

      10%

      15%

      14

      8421 23 00

      Oil or petrol filters for internal combustion engines

      7.5%

      10%

      15

      8421 31 00

      Intake air-filters for internal combustion engines

      7.5%

      10%

      16

       

       8421 39 20,

      8421 39 90

      Air purifiers or cleaners and other filtering or purifying machinery and apparatus for gases 

      7.5%

      10%

      17

      8512 10 00,

      8512 20 10,

       8512 20 20

      Lighting or visual signaling equipment of a kind used in bicycles or motor vehicles 

      10%

         15%

      18

       

      8512 20 90,

      8512 30 90

      Other visual or sound signalling equipment for bicycles or motor vehicles

      7.5%

      15%

      19

      8512 30 10

      Horns for vehicles

      10%

      15%

      20

      8512 90 00

      Parts of visual or sound signalling equipment for bicycles or motor vehicles

      7.5%

      10%

      21

       

      8512 40 00,

      8539 10 00,

      8539 21 20,

      8539 29 40

      Windscreen wipers, defrosters and demisters, Sealed beam lamp units and other lamps for automobiles

      10%

      15%

      22

      8706

      Chassis fitted with engines, for the motor vehicles of headings 8701 to 8705. 

      10%

      15%

      23

      8707

      Bodies (including cabs), for the motor vehicles of headings 8701 to 8705

      10%

      15%

       

       

      Electronics and Electrical equipments

       

       

      24

      8415 90 00

      Indoor and outdoor unit of split –system air conditioner

      10%

      20%

      25

      8518 21 00, 8518 22 00

      Loudspeaker

      10%

      15%

      26

      8521 90 90

      Digital Video Recorder (DVR) and Network Video Recorder (NVR)

      15%

      20%

      27

      8525 80 

      CCTV camera and IP camera

      15%

      20%

      28

      9001 10 00

      Optical Fibres, optical fibre bundles and cables

      10%

      15%

       

      Miscellaneous changes in Tariff Schedule

      29

      9804

      Chapter Note 7 to be inserted in Chapter 98 so as to exclude printed books imported for personal use from the purview of heading 9804. This heading covers all dutiable articles imported for personal use and attracts 28% IGST. This amendment would exclude printed books from this heading and they would be subject to the applicable merit rate.

      B.

      Amendments not affecting rates of duty [Clause  87(b)  of the Finance (No. 2) Bill, 2019]

      30

      First Schedule to the Customs Tariff Act, 1975 is amended to:

      (i) Create specific tariff lines for specific products, presently classified as others; (ii) Rectify the errors to align it with HSN.

      These changes would come into effect from a date to be notified by the Central Government in the official gazette.

      *  Will come into effect immediately owing to a declaration under the Provisional Collection of Taxes Act, 1931.   

       

       

       

      Topics

      ActsIncome Tax