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        Case ID :

        AMENDMENTS TO THE CUSTOMS ACT, 1962

        1 February, 2023

        📋
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        Union Budget 2023-24 + FINANCE Bill, 2023

        CUSTOMS

        Note:

        (a) “Basic Customs Duty (BCD)” means the customs duty levied under the Customs Act, 1962.

        (b) “Agriculture Infrastructure and Development Cess (AIDC)” means a duty of customs that is levied under Section 124 of the Finance Act, 2021.

        (c) “Social Welfare Surcharge (SWS)” means a duty of customs that is levied under Section 110 of the Finance Act, 2018.

        (d) Clause Nos. in square brackets [ ] indicate the relevant clause of the Finance Bill, 2023.

        (e) Amendments carried out through the Finance Bill, 2023, will come into effect on the date of its enactment, unless otherwise specified.

        I. AMENDMENTS TO THE CUSTOMS ACT, 1962

        S. No.

        Amendment

        Clause of the Finance Bill, 2023

        1.

        Section 25(4A) of the Customs Act is being amended to insert a Proviso to the effect that the validity period of two years shall not apply to exemption notifications issued in relation to multilateral or bilateral trade agreements; obligations under international agreements, treaties, conventions including with respect to UN agencies, diplomats, international organizations; privileges of constitutional authorities; schemes under Foreign Trade Policy; Central Government schemes having a validity of more than two years; re-imports, temporary imports, goods imported as gifts or personal baggage; any duty of customs under any law for the time being in force including integrated tax leviable under sub-section (7) of Section 3 of the Customs Tariff Act, 1975, other than duty of customs leviable under section 12.

        [123]

        2

        A new sub section (8A) to section 127 C is being inserted so as to specify a time limit of 9 months from the date of application, for disposal of the application filed before the Settlement Commission.

        [124]

        II. AMENDMENTS TO THE CUSTOMS TARIFF ACT, 1975

        S. No.

        Amendment

        Clause of the Finance Bill, 2023

        A.

         Retrospective Amendments (w.e.f. 01.01.1995)

        [125]

        1.

         Sub-section (6) and sub-section (7) of section 9 of the Customs Tariff Act, 1975 is being amended to remove ambiguity and clarify that determination and review for countervailing duty refers to determination and review of countervailing duty in a manner prescribed by rules under the Act.

        [125]

        2.

        Sub-section (5) and sub-section (6) of section 9A of the Customs Tariff Act, 1975 is being amended to remove ambiguity and clarify that determination and review for anti-dumping duty refers to determination and review in a manner prescribed by rules under the Act.

        [125]

        3.

        Section 9 C of the Customs Tariff Act, 1975 is being amended to remove ambiguity and clarify that appeals under this section lie against the determination or review thereof made by an authority in a manner as specified by rules notified under Sections 8 B, 9, 9A and 9B of the Act. It also seeks to insert an explanation to provide the meaning of determination or review thereof.

        [125]

        B.

        Prospective Amendment

         

        4.

        The First Schedule to the Customs Tariff Act, 1975 is being amended to increase the tariff rates on certain tariff items with effect from 2.2.2023.

        [126 (a)] read with Second Schedule

        5.

        The First Schedule to the Customs Tariff Act, 1975 is being amended to modify the tariff rates on certain tariff items as part of rationalization of customs duty rate structure with effect from the date of assent.

        [126 (b)] Read with Third Schedule

        6.

        The heading 9801 of the first schedule of Customs Tariff Act, 1975 is being amended to exclude solar power plant/solar power project from the purview of Project Imports with effect from the date of assent.

        7.

        The First Schedule to the Customs Tariff Act, 1975 is also being amended to modify the tariff entries with effect from 1st May,2023

        [126(c)] read with Fourth Schedule

        III. AMENDMENTS TO THE FIRST SCHEDULE TO THE CUSTOMS TARIFF ACT, 1975

        (i) The First Schedule to the Customs Tariff Act, 1975 is being amended to introduce new tariff lines or modify existing tariff lines. The proposed changes are in chapter 3, chapter 4, chapter 9, chapter 10, chapter 12, chapter 13, chapter 19, chapter 27, chapter 29, chapter 31, chapter 38, chapter 39, chapter 48, chapter 52, chapter 54, chapter 57, chapter 61, chapter 62, chapter 63, chapter 69, chapter 71, chapter 84, chapter 85, and chapter 87.

        (ii) The General explanatory note to the General Rules for interpretation of the Schedule is being amended to carry out some changes which inter alia, include changes to align the abbreviations and the tariff with complementary amendments to the HS 22.

        (iii) The First Schedule to the Customs Tariff Act, 1975 is also being amended to modify the tariff rates on certain tariff items as part of rationalization of customs duty rate structure.

        (iv) The Second Schedule is being amended to align the entries under heading 1202 with that of the First Schedule with effect from 1st May,2023. [clause 127 read with Fifth Schedule of the Finance Bill 2023]

        AMENDMENTS

        Tariff Rate Changes

        A.

        Increase in Tariff rate (to be effective from 02.02.2023) * [Clause 126(a) ] of the Finance Bill, 2023]

        *Will come into effect immediately through a declaration under Provisional Collection of Taxes Act,1931

        Rate of Duty

        S. No.

        Heading, sub-heading tariff item

        Commodity

        From

        To

         

         

        Chemicals

         

         

        1.

        2902 50 00

        Styrene

        2%

        2.5%

        2.

        2903 21 00

        Vinyl Chloride Monomer

        2%

        2.5%

         

         

        Rubber

         

         

        3.

        4005

        Compounded Rubber

        10%

        25% or Rs. 30 per kg., whichever is lower

         

         

        Gems and Jewellery Sector

         

         

        4.

        7113, 7114

        Articles of precious metals

        20%

        25%

        5.

        7117

        Imitation Jewellery

        20% or Rs. 400 per kg., whichever is higher

        25% or Rs. 600 per kg., whichever is higher

         

         

        Electrical Goods

         

         

        6.

         8414 60 00

        Electric Kitchen Chimney

        7.5%

        15%

         

         

        Automobiles and Toys

         

         

        7.

        8712 00 10

        Bicycles

        30%

        35%

        8.

        9503

        Toys and parts of toys (other than parts of electronic toys)

        60%

        70%

        B.

        Tariff rate changes (without any changes to the effective rate of Customs Duty) [Clause 126(b)] of the Finance Bill, 2023]

        Note:

        In order to simplify the tax structure, number of BCD rates are being reduced. This rationalization of BCD rate structure is being carried out in a manner so as to maintain the existing incidence of duty in certain items. These changes need to be read with appropriate changes in AIDC/SWS rates

        Rate of Duty

        S. No.

        Heading, sub-heading tariff item

        Commodity

        From

        To

        1.

        4011 30 00

        New or retreaded pneumatic tyres, of rubber, of a kind used on aircraft of heading 8802

        3%

        2.5%

        2.

        7107 00 00

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

        12.5%

        10%

        3.

        7108

        Gold (including gold plated with platinum) unwrought or in semi-manufactured forms, or in powder form

        12.5%

        10%

        4.

        7109 00 00

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

        12.5%

        10%

        5.

        7110 11 10

        7110 11 20

        7110 19 00

        7110 21 00

        7110 29 00

        7110 41 00

        7110 49 00

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

        12.5%

        10%

        6.

        7111 00 00

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

        12.5%

        10%

        7.

        7112

        Waste and scrap of precious metal or of metal clad with precious metal; other waste and scrap containing precious metal or precious metal compounds, of a kind used principally for the recovery of precious metal other than goods of heading 8549

        12.5%

        10%

        8.

        7118

        Coin

        12.5%

        10%

        9.

        8802 20 00

        8802 30 00

        8802 40 00

        Aero planes and other aircrafts

        3%

        2.5%

        C.

        Tariff rate changes (with changes to the effective rate of Customs Duty) [Clause 126(b)] of the Finance Bill, 2023]

        Rate of duty

        1.

        7106

        Silver (including silver plated with gold or platinum), unwrought or in semi-manufactured forms, or in powder form

         12.5%

        10%

        IV OTHER PROPOSALS INVOLVING CHANGES IN BASIC CUSTOMS DUTY RATES IN NOTIFICATIONS

        A.

         Changes in Basic Customs Duty (to be effective from 02.02.2023)

        Rates of Duty

        S. No

        Chapter, Heading, subheading, tariff item

        Commodity

        From

        To

         

         

        Agricultural Products and By Products

         

         

        1.

        0802 99 00

        Pecan nuts

        100%

        30%

        2.

        1504 20

        Fish lipid oil for use in manufacture of aquatic feed

        30%

        15%

        3.

        1520 00 00

        Crude glycerin for use in manufacture of Epichlorohydrin

        7.5%

        2.5%

        4.

        2102 20 00

        Algal Prime (flour) for use in manufacture of aquatic feed

        30%

        15%

        5.

        2207 20 00

        Denatured ethyl alcohol for use in manufacture of industrial chemicals

        5%

        Nil

        6.

        2301 20

        Fish meal for use in manufacture of aquatic feed

        15%

        5%

        7.

        2301 20

        Krill meal for use in manufacture of aquatic feed

        15%

        5%

        8.

        2309 90 90

        Mineral and Vitamin Premixes for use in manufacture of aquatic feed

        15%

        5%

         

         

        Minerals

         

         

        9.

        2529 22 00

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

        5%

        2.5%

         

         

        Petrochemicals

         

         

        10.

        2710 12 21, 2710 12 22, 2710 12 29

        Naphtha

        1%

        2.5%

         

         

        Gems and Jewellery Sector

         

         

        11.

        7102, 7104

        Seeds for use in manufacturing of rough lab-grown diamonds

        5%

        Nil

        12.

        7106

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

        7.5%

        10%

        13.

        7106

        Silver Dore

        6.1%

        10%

         

         

        IT, Electronics

         

         

        14.

        25, 28, 32, 39, 40, 69, 73, 85

        Specified chemicals/items for manufacture of Pre-calcined Ferrite Powder

        7.5%

        Nil

        15.

        3824 99 00

        Palladium Tetra Amine Sulphate for manufacture of parts of connectors

        7.5%

        Nil

        16.

        Any Chapter

        Camera lens and its inputs/parts for use in manufacture of camera module of cellular mobile phone

        2.5%

        Nil

        17.

        8529

        Specified parts for manufacture of open cell of TV panel

        5%

        2.5%

         

         

        Electronic appliances

         

         

        18.

        8516 80 00

        Heat Coil for use in the manufacture of Electric Kitchen Chimneys

        20%

        15%

         

         

        Automobiles

         

         

        19.

        8703

        Vehicle (including electric vehicles) in Semi-Knocked Down (SKD) form .

        30%

        35%

        20.

        8703

        Vehicle in Completely Built Unit (CBU) form , other than with CIF more than USD 40,000 or with engine capacity more than 3000 cc for petrolrun vehicle and more than 2500 cc for diesel-run vehicles, or with both

        60%

        70%

        21.

        8703

        Electrically operated Vehicle in Completely Built Unit (CBU) form, other than with CIF value more than USD 40,000

        60%

        70%

        22.

        39,40,58,70,72 73,83,84,85, 87,90

        Vehicles, specified automobile parts/components, sub-systems and tyres when imported by notified testing agencies for the purpose of testing and/ or certification , subject to conditions

        As applicable

        Nil

         

         

        Capital goods

         

         

        23.

        84, 85

        Specific capital goods/machinery for manufacture of Lithium ion cell for use in battery of electrically operated vehicle (EVs)

        As applicable

        Nil

        B.

        Changes in Basic Customs Duty (without any change in the effective rate of Customs Duties i.e., BCD+AIDC+SWS)

        Note:

        In order to simplify the tax structure, number of BCD rates are being reduced. This rationalization of BCD rate structure is being carried out in a manner so as to maintain the existing incidence of duty on certain items. These changes need to be read with appropriate changes in AIDC/SWS rates

        Rate of Duty

        S. No

        Chapter, Heading, subheading, tariff item

        Commodity

        From

        To

        1.

        2701, 2702, 2703

        Coal, peat, lignite

        1%

        2.5%

        2.

        7108

        Gold (including gold plated with platinum) unwrought or in semi-manufactured forms, or in powder form

        12.5%

        10%

        3.

        7108

        Gold Dore

        11.85%

        10%

        4.

        7110 11 10

        7110 11 20

        7110 19 00

        7110 21 00

        7110 29 00

        7110 41 00

        7110 49 00

        Platinum, unwrought or in semi-manufactured form, or in powder form other than those used in manufacture of noble metal compounds, noble metal solutions and catalytic converters

        12.5%

        10%

        C.

        Change in end date of exemption (No change in effective rate of duty).

        Rate of duty

        S. No

        S. No in Notification no 50/2017Customs

        Commodity

        From

        To

        1

        368

        Ferrous waste and scrap

        Nil

        Nil (up to 31.03.2024)

        2

        374, 375

        Raw materials for use in manufacture of CRGO steel

        Nil

        Nil (up to 31.03.2024)

        3

        527A

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

        5%

        5% (up to 31.03.2024)

        4

        527B

        Lithium-ion cell for use in the manufacture of battery or battery pack of electrically operated vehicle (EVs) or hybrid motor vehicle

        5%

        5% (up to 31.03.2024)

        5

        168

        Specified inputs and sub-parts for use in manufacture of telecommunication grade optical fibre or optical fibre cables

        Nil

        Nil (up to 31.03.2025)

        6

        341

        Preform of silica for use in the manufacture of telecommunication grade optical fibres or optical fibre cables

        5%

        5% (up to 31.03.2025)

        7

        341A

        Inputs for manufacture of Preform of silica

        Nil

        Nil (up to 31.03.2025)

        8

        237

        Specified inputs for use in the manufacture of EVA sheet or back sheets which are used in the manufacture of solar cell or modules

        Nil

        Nil (up to 31.03.2024)

        9

        340

        Solar tempered glass for use in the manufacture of solar cell or solar module

        Nil

        Nil (up to 31.03.2024)

        10

        405, 406

        Raw materials and parts for manufacture of wind operated electricity generators, including permanent magnets for manufacture of PM synchronous generators above 500KW for use in wind operated electricity operators

        5%

        5% (up to 31.03.2025)

        11.

        559

        Raw material and parts (including Dredger) for use in the manufacture of ships/vessels

        Nil

        Nil (up to 31.03.2025)

        12

        166

        Specified Drugs, medicines, diagnostics kits or equipment, bulk drugs used in manufacture of drugs or medicines

        5%

        5% (up to 31.03.2025)

        13

        167

        Lifesaving drugs/ medicines and diagnostic test kits, bulk drugs used in manufacture of life-saving drugs or medicines

        Nil

        Nil (up to 31.03.2025)

        V. Review of customs duty concessions/ exemptions:

        A. Review of conditional exemption rates of BCD prescribed in notification No. 50/2017 – customs dated 30.6.2017:

        (a). The BCD exemption for the goods covered under following serial numbers of the notification are being extended for a period of one year i.e. upto 31st March 2024, unless specified otherwise.

        S. No.

        S. No. of Notfn

        Description

        Extension up to 31. 03. 2024

        S. No.

        S. No. of Notfn

        Description

        1.

        90

        Lactose for use in the manufacture of homeopathic medicine

        2.

        133

        Gold ores and concentrates for use in manufacture of Gold

        3.

        139

        Specified bunker Fuel for use in ships or vessels

        4.

        150

        Goods of Heading 2710 or 271490 for manufacture of Fertilisers

        5.

        155

        Excess Liquefied petroleum gases (LPG) returned by DTA unit to SEZ unit

        6.

        164

        Electrical energy supplied to DTA by power plants of 1000MW or above

        7.

        165

        Electrical energy supplied to DTA by power plant less than 1000MW

        8.

        183

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

        9.

        184

        Pharmaceutical Reference Standard

        10.

        188

        Specified goods for manufacture of ELISA Kits

        11.

        204

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

        12.

        212A

        Medicines/drugs/vaccines supplied free by United Nations International Children's Emergency Fund (UNICEF), Red Cross or an International Organization

        13.

        213

        Drugs and materials

        14.

        238

        Organic or inorganic coating material for manufacture of electrical steel

        15.

        253

        Goods for manufacture of Brushless Direct Current (BLDC) motors

        16.

        254

        Catalyst for manufacture of cast components of Wind Operated Electricity Generator

        17.

        255

        Resin for manufacture of cast components of Wind Operated Electricity Generator

        18.

        258

        Security fibre, security threads, Paper based taggant including M-feature for manufacture of security paper by Security Paper Mill, Hoshangabad and Bank Note Paper Mill India Pvt Ltd, Mysore.

        19.

        259

        Raw materials for manufacture of security fibre and security thread for supply to Security Paper Mill, Hoshangabad and Bank Note Paper Mill India Pvt. Ltd, Mysore for use in manufacture of security paper

        20.

        260

        Goods for the manufacture of orthopaedic implants falling under 902110

        21.

        261

        Alatheon and copper wire

        22.

        269

        Super absorbent polymer for manufacture adult diapers, tampons, sanitary pads etc (9619)

        23.

        271

        Polytetrametylene ether glycol, (PT MEG) for use in manufacture of spandex yarn

        24.

        276

        Ethylene – propylene – non-conjugated diene rubber (EPDM) for manufacture of insulated wires and cables

        25.

        277A

        Calendared plastic sheet for manufacturing of Smart Card (8523)

        S. No.

        S. No. of Notfn

        Description

        26.

        279

        Pneumatic tyres of rubber for MRO of aircraft used in scheduled air service

        27.

        280

        Pneumatic tyres of rubber for MRO of aircraft used by training, aeroclub etc.

        28.

        333

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

        29.

        334

        Graphite Felt or graphite pack for growing silicon ingots; Thin steel wire used in wire saw for slicing of silicon wafers

        30.

        339

        Toughened glass for solar thermal collectors or heaters

        31.

        353

        Foreign currency coins when imported into India by a Scheduled Bank

        32.

        364A

        Spent catalyst or ash containing precious metals

        33.

        378

        Metal parts for manufacture of electrical insulators falling under heading 8546

        34.

        379

        Pipes and tubes for use in manufacture of boilers

        35.

        380

        Forged steel rings for manufacture of special bearings for use in wind operated electricity generator

        36.

        381

        Flat copper wire for use in the manufacture of photo voltaic ribbon for solar cell/modules

        37.

        387

        Zinc metal recovered by toll smelting or toll processing from zinc concentrates exported from India for such processes

        38.

        392

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

        39.

        415

        Parts/inputs for manufacture of catalytic convertors or its parts

        40.

        415A

        Platinum or Palladium for manufacture of all goods including Noble Metal Compounds & Noble Metal Solutions falling under 2843 and goods of heading 381512

        41.

        416

        Ceria zirconia compounds for use in the manufacture of washcoat for catalytic converters

        42.

        417

        Cerium compounds for use in the manufacture of washcoat for catalytic converters

        43.

        418

        Zeolite for use in the manufacture of washcoat for catalytic converters

        44.

        419

        Aluminium Oxide for use in the manufacture of washcoat for catalytic converters

        45.

        420

        Clay 2 Powder (Alumax) for use in ceramic substrate for catalytic convertors

        46.

        421

        Goods required for basic telephone /internet service and their parts

        47.

        426

        Specified goods for the manufacture of goods falling under 8523 5200, 8541, 8542, 8543 9000 or 8548 00 00

        48.

        428

        Specified goods imported by accredited press cameraman

        49.

        429

        Specified goods, imported by accredited journalist

        S. No.

        S. No. of Notfn

        Description

        50.

        435

        Capital goods/ Machinery for printing industry

        51.

        441

        Spinnerettes made interalia of Gold, Platinum and Rhodium or any one or more of these metals, when imported in exchange of worn out or damaged spinnerettes exported out of India

        52.

        462

        Ball screws for use in the manufacture of CNC Lathes, Machining Centres or all type of CNC machine tools falling under 8456 to 8463

        53.

        463

        Linear Motion Guides for use in the manufacture of CNC Lathes, Machining Centres or all type of CNC machine tools falling under 8456 to 8463

        54.

        464

        CNC Systems for use in the manufacture of CNC Lathes, Machining Centres or all type of CNC machine tools falling under 8456 to 8463

        55.

        467

        Cash dispenser and parts thereof

        56.

        468

        Micro ATM; fingerprint reader/scanner other than for use in manufacturing cellular mobile phones; miniaturized POS card reader for mPOS (other than Mobile phone or Tablet Computer); parts and components for manufacture of the above items

        57.

        471

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

        58.

        472

        All inputs for use in the manufacture of LED driver or MCPCB for LED lights and fixtures or LED lamps

        59.

        475

        Specified goods including scramblers, descramblers, encoders, jammers, network firewall, SMS monitoring system etc

        60.

        476

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

        61.

        477

        Photographic, filming, sound recording and radio equipment, raw films, video tapes and sound recording tapes of foreign origin if imported into India after having been exported therefrom.

        62.

        478

        The wireless apparatus, parts imported by a licensed amateur radio operator

        63.

        480

        Goods imported for being tested in specified test centers

        64.

        482

        Newspaper page, transmission and reception facsimile system or equipment; telephoto transmission and reception system or equipment

        65.

        489B

        Specified goods for manufacturing of microphones

        66.

        495

        Batteries for electrically operated vehicles, including two and three wheeled electric motor vehicles

        67.

        497

        Active Energy Controller (AEC) for use in manufacture of Renewable Power System (RPS) inverters

        68.

        504

        Parts and Components of Digital Still Image Video Cameras

        69.

        509

        Parts, components and accessories for manufacture of Digital Video Recorder /Network Video Recorder (NVR) falling under 85219090 and sub-parts for manufacture of these items

        S. No.

        S. No. of Notfn

        Description

        70.

        510

        Parts, components and accessories for use in manufacture of reception apparatus for television and sub-parts for manufacture of these items

        71.

        511

        Parts, components and accessories for manufacture of CCTV Camera /IP camera and sub-parts for manufacture of these items

        72.

        512

        Specified Parts, components and subparts for use in manufacture of Lithium-ion battery and battery pack

        73.

        512A

        Inputs ,parts or subparts for manufacture of PCBA of Lithium ion battery and battery pack

        74.

        515A

        Open cell for use in manufacture of LCD and LED TV panels of heading 8524

        75.

        516

        Specified goods for use in the manufacture of Liquid Crystal Display (LCD) and LED TV panel

        76.

        519

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

        77.

        523A

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

        78.

        527

        Lithium ion cell used in manufacture of battery or battery pack of items other than cellular mobile phone, electrically operated vehicle or hybrid motor vehicle

        79.

        534

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

        80.

        535

        Raw materials for manufacture of aircraft (except unmanned aircraft used as television camera, digital camera or video camera recorder) or its parts

        81.

        535A

        Components or parts of aircraft for manufacture of aircraft (except unmanned aircraft used as television camera, digital camera or video camera recorder) or for manufacture of parts of aircraft imported by PSUs under Ministry of Defence

        82.

        536

        Parts, testing equipment, tools and tool-kits for maintenance, repair, and overhauling of aircraft (except unmanned aircraft used as television camera, digital camera or video camera recorder) or its parts

        83.

        537

        All goods of Heading 8802 (except 88026000-spacecraft)

        84.

        538

        Components or parts, including engines, of aircraft of heading 8802

        85.

        539

        (a) Satellites and payloads; (b) Ground equipments brought for testing of (a)

        86.

        539A

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

        87.

        540

        Specified goods under heading 8802 imported by scheduled air transporter

        88.

        542

        Specified goods imported by Aero Club, Flying Training Institutes

        89.

        543

        Specified goods imported by non-scheduled air transporter

        90.

        544

        Parts (other than rubber tubes) of aircraft of heading 8802 for operating scheduled air transport/air cargo services

        S. No.

        S. No. of Notfn

        Description

        91.

        546

        Parts (other than rubber tubes) of aircraft of heading 8802 for non- scheduled passenger/charter services, aero club, training purpose etc

        92.

        548

        Barges or pontoons imported along with ships

        93.

        549

        Capital goods and spares, raw materials, parts, material handling equipment and consumables for repairs of ocean-going vessels by a ship repair unit

        94.

        550

        Spare parts and consumables for repairs of ocean-going vessels registered in India.

        95.

        551

        Cruise ships, excursion ships (excluding vessels and floating structures imported for breaking up)

        96.

        553

        Fishing vessels, Tugs and Pusher crafts, light vessels (excluding vessels and floating structures imported for breaking up)

        97.

        555

        Vessels such as warships, lifeboats (excluding vessels and floating structures imported for breaking up)

        98.

        565

        Specified goods for use in the manufacture of Flexible Medical Video Endoscope

        99.

        566

        Polypropylene, Stainless-steel Strip and stainless steel capillary tube for manufacture of syringes, needles, catheters and cannulae

        100.

        567

        Stainless steel tube and wire, cobalt chromium tube, Hayness alloy-25 and polypropylene mesh required for manufacture of coronary stents / coronary stent system and artificial heart valve

        101.

        568

        Parts and components required for manufacture of Blood Pressure Monitors and blood glucose monitoring system (Glucometers)

        102.

        569

        Ostomy products, its accessories and parts required for manufacture of such medical equipment

        103.

        570

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

        104.

        575

        Hospital Equipment (excluding consumables) for use in specified hospitals

        105.

        577

        Lifesaving medical equipment including accessories or spare parts or both of such equipment for personal use

        106.

        578A

        Raw materials, parts or accessories for manufacture of Cochlear Implants

        107.

        579

        Survey (DGPS) instruments, 3D modeling software cum equipment for surveying and prospecting of minerals

        108.

        580

        X-Ray Baggage Inspection Systems and parts thereof

        109.

        581

        Portable X-ray machine / system

        110.

        583

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

        111.

        593

        Parts of video games for the manufacture of video games

        112.

        607

        Specified Life Saving drugs/medicines including medicines for Spinal Muscular Atrophy or Duchenne Muscular Dystrophy, for personal use

        S. No.

        S. No. of Notfn

        Description

        113.

        607A

        Lifesaving drugs/medicines for personal use supplied free of cost by overseas supplier

        114.

        611

        Archaeological specimens, photographs, plaster casts or antiquities for exhibition for public benefit in a museum managed by ASI or by State Govt.

        115.

        612

        Specified raw material for sports goods

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

        (b). The BCD exemption for the goods covered under following serial number of the notification no 50/2017-Customs is being extended for a period of five years i.e. upto 31st March 2028.

        S. No.

        S. No. of Notfn.

        Subject

        1.

        609

        Used bonafide personal and household effects of a deceased person

        B. Review of exemptions prescribed by other notifications:

        (a). The BCD exemptions for the goods covered under following notifications are being extended for a period of one year i.e. upto 31st March 2024.

        S. No.

        Notification No.

        Subject

        1

        16-Customs dated 23.1.65

        Exemption to goods exported to foreign countries for display in showrooms of Govt of India

        2.

        80/1970-Customs

        Exemption to articles supplied free under warranty as replacement for defective ones

        3.

        46-Customs (1974)

        Pedagogic material for educational or vocational training courses

        4.

        248/76-Customs

        Exemption to precious stones imported by posts on ‘approval or return’ basis

        5.

        207/89-Customs

        Exemption to foodstuff and provisions, imported by foreigners

        6.

        134/94-Customs

        Exemption to goods for carrying out repairs, reconditions , testing calibration or maintenance

        7.

        147/94-Customs

        Exemptions to firearms & ammunition by renowned shot

        8.

        148/94-Customs

        Exemptions to specified free gifts, donations, relief and rehabilitation material imported by charitable trusts, Red Cross, CARE and Govt of India

        9.

        151/94-Customs

        Exemption to aircraft equipment, tanks, fuel and lubricating oils by Indian Airlines, United Arab Airlines, Indian Air Force

        10.

        152/94-Customs

        Exemption to imports for handicapped person, charitable or social

        S. No.

        Notification No.

        Subject

         

         

        welfare purposes and research and education programme

        11.

        153/94-Customs

        Exemption to goods for foreign origin imported for repair and return

        12.

        39/96-Customs

        Imports relating to defence, internal security forces& air forces

        13.

        50/96-Customs

        Exemption to specified equipment, instruments, raw material etc imported for R&D projects

        14.

        51/96-Customs

        Exemption to research equipment by publicly funded and research institutions, Govt. Dept., laboratory, IIT etc

        15.

        25/98- Customs

        Effective rate of duty for goods of Chapter 70,84,85 or 90

        16.

        97/99- Customs

        Exemption to Gold bars under Gold Deposit Scheme of RBI

        17.

        113/2003-Customs

        Exemption to castor oil cake and castor de-oiled cake manufactured from indigenous castor oil seeds on indigenous plant and machinery by unit in SEZ and brought to DTA

        18.

        30/2004-Customs

        Exemptions to second-hand computers/accessories received as donation by schools, charitable institutions

        19.

        45/2005-Customs

        Exemption from Special Additional duty of Customs to goods cleared from SEZ and brought to any other place in India

        20.

        81/2005-Customs

        Exemption to machinery/components for initial setting up of nonconventional power generation plants

        21.

        102/2007-Customs

        Exemption from Special CVD to all goods imported for subsequent sale when IGST, CGST, SGST or UTGST paid by importers.

        22.

        26/2011-Customs

        Exemption to work of art, antiques in museum or art gallery imported for public exhibition

        23.

        23/2016-Customs

        Effective rates for parts of aircraft imported under the Standard Exchange Scheme

        24.

        05/2017-Customs

        Exemption to machinery, components for setting up fuel cell based power generation plant.

        25.

        16/2017-Customs

        Exemption to specified drugs & medicines supplied free of cost to patients under Patient Assistanceprogram of Pharma Companies

        26.

        29/2017-Customs

        Exemption to specimen, models, wall pictures and diagrams for instructional purposes

        27.

        30/2017-Customs

        Exemption to motion picture, music, gaming software for use in gaming console printed or recorded on media

        28.

        32/2017-Customs

        Exemption to art work created abroad by Indian artist, sculptor, antiques books more than 100 years

        29.

        37/2017-Customs

        Imports relating to defence & internal security forces

        30.

        49/2017-Customs

        Exemption to special Additional Duty on specified goods of fourth schedule to Central Excise Act

        31.

        52/2017-Customs

        Effective rate of Additional duty for goods under Chapter 27

        (b). The BCD exemptions for the goods covered under following notifications are being extended for a period of five years i.e. upto 31st March 2028.

        1

        41/2017-Customs

        Exemption to import of cups, trophies to be awarded to winning teams in international tournament /world cup to be held in India.

        2

        33/2017-Customs

        Exemption to import of challenge cups and trophies won by a unit of Defence Force or its members.

        3

        146/94- Customs

        Exemption to imports by specified sports goods imported by National Sports Federation or by a Sports person of outstanding eminence for training.

        4

        90/2009-Customs

        Exemption to imports from Antarctica of goods used for or related to Indian Antarctic Expedition or Indian Polar Science Programme.

        VI. Other Notification changes

        S. No.

        Notification No.

        Subject

        1.

        Notification No. 22/2022Customs, dated 30.04.2022

        The India-UAE CEPA Tariff notification is being amended as a consequential change to rationalization of basic customs duty rate structure.

        2.

        Notification No. 57/2000Customs, dated 08.05.2000

        This notification relating to jewellery export promotion is being amended consequent to changes in import duty structure on Gold and increase in duty rate of Silver.

        3.

        Notification No. 146/94Customs, dated 13.07.1994

        Benefit of the existing exemption notification No. 146/94-Customs, dated 13.07.1994, is being extended w.e.f. 02.02.2023 to imports of ‘Warm Blood horse’ when imported by Sportsperson of eminence for training.

        VII. Customs duty exemptions /concessions being discontinued

        Certain BCD exemptions under notification No. 50/2017-Customs dated 30.6.2017 and other notification are being discontinued with effect from 31.03.2023.

        The following are being discontinued as they are redundant :

        S. No.

        S. No. of Notfn

        Description

        1.

        S. No. 16 of 50/2017Customs

        This exemption entry pertaining to ‘Human Embryo’ is being withdrawn as it is redundant on account of prohibition of import of Human Embryo under the Assisted Reproductive Technology (Regulation) Act, 2021 and The Surrogacy (Regulation) Act, 2021. [notification No. 22/2015-20 dated 20th July, 2022 of DGFT refers]

        2.

        S. No. 325 of 50/2017Customs

        This exemption entry pertaining to ‘Monofilament Yarn’ is being withdrawn as tariff rate is also at 5% and hence redundant

        3.

        48/2017-Customs

        Exemption to catering cabin equipment, food and drinks on reimportation by aircrafts of the Indian Airlines Corporation from foreign flights is being withdrawn.

        VIII. SOCIAL WELFARE SURCHARGE (SWS)

        A.

        AMENDMENT TO NOTIFICATION NO. 11/2018 – CUSTOMS, DATED 02.02.2018 (w.e.f. 02.02.2023)

        S. No.

        Description

        Following goods are being exempted from levy of Social Welfare Surcharge in order to maintain the total effective duty owing to rationalization of basic customs duty rate structure:

        1.

        Silver (HSN 7106), Gold ( HSN 7108) & Imitation Jewellery (HSN 7117).

        2.

        Platinum (HSN 7110) other than rhodium and goods covered under S. Nos. 415(a) and 415A of the Table in notification No. 50/2017-Customs, dated the 30th June, 2017, published in the Gazette of India vide number G.S.R. 785(E), dated the 30th June, 2017.

        3.

        All goods falling under HSN 7113, other than the goods covered under S. Nos. 356, 357 and 364C of the Table in notification No. 50/2017-Customs, dated the 30th June, 2017, published in the Gazette of India vide number G.S.R. 785(E), dated the 30th June, 2017.

        4.

        All goods falling under HSN 7114, other than the goods covered under S. Nos. 356 and 357 of the Table in notification No. 50/2017-Customs, dated the 30th June, 2017, published in the Gazette of India vide number G.S.R. 785(E), dated the 30th June, 2017.

        5.

        Bicycles (HSN 8712 00 10)

        6.

        Motor vehicle including electrically operated vehicles falling under HSN 8703 covered under S. No. 526 (1)(b), 526 (2)(b), 526A(1)(b) and 526A(2)(b) of the Table in Notification No. 50/2017-Customs dated the 30th June, 2017, published in the Gazette of India vide no G.S.R. 785(E) dated the 30th June, 2017

        7.

        Aeroplane and other aircrafts falling under tariff items 8802 2000, 8802 3000 and 8802 4000 covered under S. No. 543 A of the Table in Notification No. 50/2017-Customs dated the 30th June, 2017, published in the Gazette of India vide no G.S.R. 785(E) dated the 30th June, 2017.

        8.

        Toys and parts of toys (HSN 9503) other than goods covered under S. No. 591of the Table in Notification No. 50/2017-Customs dated the 30th June,2017

        B.

        RESCINDING OF NOTIFICATION RELATING TO SWS

        These notifications are being rescinded on account of being redundant due to basic customs duty rate structure rationalization:

        1

        No. 13/2021-Customs, dated the 1st February, 2021, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 71(E), dated the 1st February, 2021

        2

         No. 34/2022-Customs, dated the 30thJune, 2022, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 487(E), dated the 30thJune, 2022

        IX. AGRICULTURE INFRASTRUCTURE AND DEVELOPMENT CESS (AIDC)

        Notification No. 11/2021 – Customs, dated 01.02.2021 is being amended to revise the AIDC rates on the following goods (w.e.f. 02.02.2023):

        A.

        AIDC rate changes (with changes to the effective rate of Customs Duty)

        Rate of Duty

        S. No

        Chapter, Heading, subheading, tariff item

        Commodity

        From

        To

        1.

         7106,98

        Silver (including silver plated with gold or platinum), unwrought or in semi-manufactured forms, or in powder form

        2.5%

        5%

        2.

         71

        Silver Dore

        2.5%

        4.35%

        B.

         Changes to AIDC (without any change to the effective rate of Customs Duty)

        Rate of Duty

        S. No

        Chapter, Heading, subheading, tariff item

        Commodity

        From

        To

        1.

        2701, 2702, 2703

        Coal, peat, lignite

        1.5%

        Nil

        2.

        40113000

        New pneumatic tyres, of rubber , of a kind used on aircraft as mentioned in Entry 280 A of Notification No. 50/2017-Cus

        Nil

        0.5%

        3.

        7108 or 98

        Gold (including gold plated with platinum) unwrought or in semi-manufactured forms, or in powder form

        2.5%

        5%

        4.

        71

        Gold Dore

        2.5%

        4.35%

        5.

        7110

        Platinum other than rhodium and goods covered under S. Nos. 415(a) and 415A of the Table in notification No. 50/2017Customs, dated the 30th June, 2017.

        1.5%

        5.4%

        6.

        8802 20 00

        8802 30 00

        8802 40 00

        Aero planes and other aircraft covered under S.No. 543A of Notification No. 50/2017-Cus

        Nil

        0.5%

         


        Full Text:

        Union Budget 2023-24 + FINANCE Bill, 2023

        Customs Tariff Rationalization: Revised duties, AIDC and SWS adjust tariffs and amend exemption notifications structure. Amendments limit the two year validity rule for exemption notifications by excluding international agreements, diplomatic privileges, specified schemes and certain import categories; insert a nine month disposal deadline for Settlement Commission applications; clarify that countervailing and anti dumping determinations and reviews must follow rules under the Customs Tariff Act and that appeals lie against such determinations or reviews; and materially revise the First Schedule and related notifications to rationalize Basic Customs Duty rates, adjust tariff entries, and amend AIDC and SWS treatment while extending, discontinuing or rescinding targeted exemptions.
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Customs Tariff Rationalization: Revised duties, AIDC and SWS adjust tariffs and amend exemption notifications structure.

                              Amendments limit the two year validity rule for exemption notifications by excluding international agreements, diplomatic privileges, specified schemes and certain import categories; insert a nine month disposal deadline for Settlement Commission applications; clarify that countervailing and anti dumping determinations and reviews must follow rules under the Customs Tariff Act and that appeals lie against such determinations or reviews; and materially revise the First Schedule and related notifications to rationalize Basic Customs Duty rates, adjust tariff entries, and amend AIDC and SWS treatment while extending, discontinuing or rescinding targeted exemptions.





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