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    Role of the Transfer Pricing Officer in Ensuring Arm’s Length Compliance : Clause 166 of the Incom...
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    Arm's length pricing: multi year ALP option expands certainty and permits roll forward of transfer pricing determinations.
    Clause 166 authorises the Assessing Officer to refer international and specified domestic related party transactions to a Transfer Pricing Officer for determination of the arm's length price, subject to prior approval; mandates notice, hearing, prescribed transfer pricing methods, and communication of the TPO order to AO and assessee; empowers the TPO to examine unreported transactions and to validate a taxpayer's option to apply a determined ALP to similar subsequent years, with rectification powers and corresponding AO amendment obligations, and permits issuance of Board guidelines to implement the multi year regime.
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    Case LawsIncome Tax
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    Presumptive taxation: partner remuneration and interest cannot be treated as individual business turnover for presumptive tax purposes.
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    Arm's length price requirement drives transfer pricing adjustments to prevent profit shifting and protect the tax base.
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    Unilateral double taxation relief limits credit to the lower of domestic or foreign tax rates and requires proof of foreign tax payment.
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      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

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      ActsIncome Tax