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Subject News *  Documentary evidence dominates probe, further custody unwarranted: mumbai court grants bail in Rs. 22.44 crore customs duty evasion case. *  Business premises can’t remain sealed for non-participation in GST search: Allahabad High Court. *  GST pre-deposit must be refunded proportionately when taxpayer partly succeeds in appeal: Bombay High Court. *  Supreme Court grants 30 days to file GST appeal; keeps pre-deposit issue open due to deposit in parallel CGST proceedings. *  GST demand can’t exceed amount proposed in SCN: Allahabad High Court quashes Rs. 20.47 Crore order. *  Hundreds-of-crores GST demand and heavy 10% pre-deposit no ground to bypass statutory appeal: Punjab & Haryana High Court. *  Delhi High Court refuses to entertain challenge to gold confiscation due to statutory appeal remedy and unexplained delay. *  Procedural error in customs broker licence inquiry can be rectified through remand: Delhi High Court. *  GSTR-2A mismatch alone can’t justify ITC denial without invoice-wise verification; personal hearing mandatory: GSTAT. *  GST order passed without uploading personal hearing notices violates sec. 75(4): Allahabad High Court. *  TAX EVASION - Sec. 74 GST SCN quashed for not spelling out fraud, wilful misstatement or suppression: Allahabad High Court. *  STPI’s SOFTEX certification and NoC charges taxable as business support services: CESTAT. *  Suspicion can’t replace proof: CESTAT quashes penalty in alleged gold-smuggling operation. *   Limitation runs from communication of order: Madras High Court upholds rejection of delayed GST Appeals. *  Rajasthan High Court quashes GST demand over unsigned show cause notice. *  ITC recovery upheld where supplier failed to deposit GST: Rajasthan High Court. *  Customs commissioner’s empowered to make port trust liable for duty on pilfered goods: Supreme Court. *  Rectification proceedings can’t be used to challenge an uncontested GST assessment through a writ petition: Andhra Pradesh HC. *  GST proceedings against deceased proprietor unsustainable without notice to legal heir: GSTAT. *  Mere availment of ineligible self-assessed ITC doesn’t amount to suppression without evidence of fraud or wilful misstatement: GSTAT. *  Disposal of mining overburden by entity authorised by mining lease holder constitutes taxable service: CESTAT. *  Toll plaza data not mandatory for ITC refund: GSTAT. *  Disputed GST fraud allegations require investigation: Punjab and Haryana High Court makes interim bail absolute in alleged fraud and GST fraud case. *  Non-manufacturer contractor liable to deposit excess excise duty collected from buyer: CESTAT. *  GST order can’t reject taxpayer’s reply as “not satisfactory” without reasons: Madhya Pradesh High Court. *  Uncorroborated statements can’t establish alleged diversion of duty-free goods: CESTAT. *  Erection services were not liable to service tax prior to 10th september 2004: CESTAT. *  Sec. 74 GST notice must spell out statutory ingredients for invoking extended tax demand proceedings: Allahabad High Court. *  No jurisdictional bar under section 6(2)(b) in parallel CGST SGST proceedings: Delhi High Court refuses to bypass GST appeal remedy. *  Madras High Court remits GST demand for fresh adjudication after taxpayer claims it was unaware of SCN following business closure.  

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Publish Date: 13 Jul, 2009
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Budget 2009-10 (Customs)

 

 

 

BUDGET 2009-10 [Customs Changes]

 

CUSTOMS:-

 

1. Changes in Rate of Customs Duty:-

 

 

Chapter

Product

Change

Remarks

Precious Metals

7108

Gold Bars, other than tola bars having serial no. of manufacturer/refiner engraved in it*

Basic custom duty increased from Rs. 100/gm to

Rs. 200/gm

Not. No. 78/2009-Cus, dated 07/07/2009

7108

Gold Coins*

Basic custom duty increased from Rs. 100 per 10 gm to

Rs. 200 per 10 gm

Not. No. 78/2009-Cus, dated 07/07/2009

7108

Gold in any other form*

BCD increased from Rs. 250 per 10 gm to Rs. 500 per 10 gm

Not. No. 78/2009-Cus, dated 07/07/2009

7106

Silver in any from*

BCD increased from Rs. 500 per Kg to Rs. 1,000 per Kg

Not. No. 78/2009-Cus, dated 07/07/2009

Capital Goods:

84 or 85

Specified plantation machinery

 

(Capital Goods)

Concessional rate of BCD of 5% restores for one more year till 06.07.2010

Not. No. 77/2009-Cus, dated 07/07/2009

84 or 85

Mechanical harvester for coffee plantation

(Capital Goods)

BCD reduced from 7.5% to 5%.

Also, CVD exemption granted to harvesters.

Not. No. 77/2009-Cus, dated 07/07/2009

84 or any other chapter

Permanent magnets for manufacture of PM synchronous generators above 500KW for use in wind operated electricity generators

BCD reduced from 7.5% to 5%.

 

Not. No. 77/2009-Cus, dated 07/07/2009

 

[Condition also imposed in 35A]***

Electronic industry:

85

Set Top Boxes

100% Exemption withdrawn

BCD of 5% imposed

Not. No. 77/2009-Cus, dated 07/07/2009

8529

LCD panels for manufacture of LCD televisions

BCD reduced from 10% to 5%

Not. No. 77/2009-Cus, dated 07/07/2009

84.5

Parts for manufacture of mobile phones and accessories

Full exemption from 4% special CVD given for 1 year till 06.07.2010

Not. No. 79/2009-Cus, dated 07/07/2009

Drugs and Medical Devices:

90 or any

chapter

Patent Ductus Arteriosus/ Atrial Septal Defect occlusion devices

BCD reduced from 7.5% to 5%

 

Nil CVD by way of excise duty exemption granted.

Not. No. 77/2009-Cus, dated 07/07/2009

90 or any

chapter

Artificial Heart (left ventricular assist device)

BCD reduced from 7.5% to 5%

 

Nil CVD by way of excise duty exemption granted.

Not. No. 77/2009-Cus, dated 07/07/2009

84 or any other chapter

Concrete batching plants of capacity 50 cum per hour or more**

BCD increased from nil rate to 7.5%

Not. No. 77/2009-Cus, dated 07/07/2009

Raw materials & Equipment for Leather goods, Textile products and Footwear Industry

52 or any Chapter

Knitted ribs

Full exemption from BCD granted

Not. No. 77/2009-Cus, dated 07/07/2009

Any Chapter

Fittings, snaps of metal or alloys

Full exemption from BCD granted

Not. No. 77/2009-Cus, dated 07/07/2009

Any Chapter

Metal fittings / embellishments, webbing of any material for making

harness and saddlery items;

Full exemption from BCD granted

Not. No. 77/2009-Cus, dated 07/07/2009

Any Chapter

Stirrup of any material and stirrup bars used for making Saddle Tree;

Full exemption from BCD granted

Not. No. 77/2009-Cus, dated 07/07/2009

Any Chapter

Nylon polyester/PVE mesh and fabrics for making non-leather harness

and saddlery items;

Full exemption from BCD granted

Not. No. 77/2009-Cus, dated 07/07/2009

Any Chapter

Beading material - synthetic / leather / fabric

Full exemption from BCD granted

Not. No. 77/2009-Cus, dated 07/07/2009

Any Chapter

Chatons / stones / beads / crystals as decorative items;

Full exemption from BCD granted

Not. No. 77/2009-Cus, dated 07/07/2009

Any Chapter

Shoe laces;

Full exemption from BCD granted

Not. No. 77/2009-Cus, dated 07/07/2009

Any Chapter

Stretch fabric for shoe uppers;

Full exemption from BCD granted

Not. No. 77/2009-Cus, dated 07/07/2009

Any Chapter

Cork sheets for soles covering soles and insoles;

Full exemption from BCD granted

Not. No. 77/2009-Cus, dated 07/07/2009

Any Chapter

Artificial fur and alarm tag”;

Full exemption from BCD granted

Not. No. 77/2009-Cus, dated 07/07/2009

Goods designed for use in leather/ footwear industry substituted:-

 

84, 85 or 90

 

-Planing Machine added.

-Cutting Press

-conveyors for heat setting, cold

setting, with or without vacuum included

- film application machine

-Injection moulding of EVA soles

-chill setter machine included

-Moccasin performing machine

-Piping making machine with trimming and embellishment

fixing machines

-Polyurethane/PVC/

TPR and EVA sole, insole, midsole, heel, heel tip injection moulding machine (single or multiple station)

-Fore part lasting machine PVC/PU/

EVA direct injection soling machine (DIP

construction)

-Scissors type and nibbling type machines for plates

-Taping and seam rubbing machine

-Stapling machine for bows to uppers of leather shoes

-Bias tape cutting machine

-Dust collector and exhaust systems

BCD exemption of 5% granted

Not. No. 77/2009-Cus, dated 07/07/2009

Raw materials/Inputs for Sports Goods

Any

Synthetic rubber bladder

 

Full exemption from BCD granted

Not. No. 77/2009-Cus, dated 07/07/2009

Any

Macau cane

 

Full exemption from BCD granted

Not. No. 77/2009-Cus, dated 07/07/2009

Any

Table tennis rubber

 

Full exemption from BCD granted

Not. No. 77/2009-Cus, dated 07/07/2009

Any

Table tennis bat handles

Full exemption from BCD granted

Not. No. 77/2009-Cus, dated 07/07/2009

Any

Table tennis blade

Full exemption from BCD granted

Not. No. 77/2009-Cus, dated 07/07/2009

28,29 or 30

Drugs, Medicines, Diagnostic kit or equipment:-

-Abatacept

-Daptomycin

-Entacevir

-Fondaparinux Sodium

- Influenza Vaccine

-Ixabepilone

-Lapatinib

-Pegaptanib Sodium injection

-Suntinib Malate

-Tocilizumab”;

Exemption rate of 5% BCD granted

Not. No. 77/2009-Cus, dated 07/07/2009

Others / Miscellaneous:-

0508

Unworked Corals

BCD reduced from 5% to NIL

Not. No. 77/2009-Cus, dated 07/07/2009

5202 and 5103

Cotton waste and wool waste

BCD reduced from 15% to 10%

Not. No. 77/2009-Cus, dated 07/07/2009

2510

Rock Phosphate

BCD reduced from 5% to 2%

Not. No. 77/2009-Cus, dated 07/07/2009

9801

Aerial Passenger Ropeway Projects

100% CVD exemption withdrawn.

 

Applicable rate of CVD will apply.

Not. No. 77/2009-Cus, dated 07/07/2009

9506, 8907 10 00

Inflatable rafts, snow skis, water skis, surf-boats, sail-boards and other water sports equipment.

Full exemption from BCD granted

Not. No. 77/2009-Cus, dated 07/07/2009

29/38

Bio-diesel

BCD reduced from 7.5% to 2.5%

Not. No. 77/2009-Cus, dated 07/07/2009

 

* Revised rates applicable to gold and silver including gold/silver ornaments (excluding ornaments studded with stones or pearls) imported as baggage.

 

** BCD exemption was available by virtue of exemption on specified machinery for construction on roads.

 

***If the importer at the time of importation,-

 

(a) furnishes a certificate to the Deputy Commissioner of Customs or the Assistant Commissioner of Customs, as the case may be, from an officer not below the rank of a Deputy

Secretary to the Government of India in the Ministry of New and Renewable Energy recommending the grant of this exemption and the said officer certifies that the goods are

required for the specified purpose; and

 

(b) furnishes an undertaking to the said Deputy Commissioner or Assistant Commissioner to the effect that,-

(i) he shall use the goods for the specified purpose; and

(ii) in case he fails to comply with sub-condition (i), he shall pay an amount equal to the difference between the duty leviable on the imported goods but for the exemption under this notification and that already paid at the time of importation.

 

2.     Concessions and Exemptions:-

 

The following concessions/ changes have also been made:

 

IT Software:-

 

On packaged or canned software, CVD exemption has been provided on the portion of the value which represents the consideration for transfer of the right to use such software, subject to specified conditions. This has been done vide Notification No. 80/2009-Cus, dated 07/07/2009.

 

“Packaged or canned software” has been explained as “software developed to meet the needs of variety of users, and which is intended for sale or capable of being sold off the shelf”.

 

This portion of the value is leviable to service tax as “Information Technology Software Service’.

 

Specified Conditions are:-

 

-         the transfer of the right to use shall be for commercial exploitation including the right to reproduce, distribute and sell such software and right to use the software components for the creation of and inclusion in other information technology software products.

 

-         the importer shall make a declaration to the Assistant Commissioner of Customs or the Deputy Commissioner of Customs, as the case may be, in respect of such transfer of the right to use for commercial exploitation.

 

-         the importer shall be registered under section 69 of the Finance Act, 1994 read with rule 4 of the Service Tax Rules, 1994.

 

 

Important Legislative amendments:

 

The major changes have been made in the Customs Act, 1962 and Customs Tariff Act, 1975 which are discussed below:

 

AMENDMENTS TO CUSTOMS ACT, 1962

 

1. Refund of Import duty when imported goods are defective or not conforming to quality standards specified by Importer:-

 

Section 26A has been inserted in the Customs Act to provide for refund of import duty paid on imported goods if they are found to be defective or not conforming to the specifications agreed upon between the importer and the seller, subject to certain conditions.

 

2.                 Advance Ruling:-

 

Section 28F of the Customs Act has been amended to provide that the Central Government may by notification authorize the Authority for advance Ruling constituted under Section 245-o of the Income Tax Act to act as an Authority for the purposes of customs, central excise and service tax subject to some modification regarding the constitution of the Authority. The change will come into effect from a date to be notified.

 

3.  Condonation of Delay in filing appeals/applications/cross objections:-

 

Section 130 and 130A of the Customs Act have been amended to empower the High Court to condone the Delay in filing of appeals/ applications/memorandum of cross objections where it is satisfied that there is sufficient cause for delay.

 

4. Exclusion of certain offences & circumstances from Compounding Provisions:-

 

Section 137 of the Customs Act has been amended to exclude certain types of offences and circumstances from the purview of compounding provisions.

 

AMENDMENTS TO CUSTOMS TARIFF ACT, 1975

 

1.       Value of like imported article for charging Additional Duty:-

 

Section 3 of the Customs Tariff Act has been amended so as to provide that where the Central Government has fixed tariff value for collection of central excise duty on an article produced or manufactured in India, the value of a like imported article for the purpose of charging additional duty shall be such tariff value.

 

2.       Amendment of Section 8B, 8C, 9 and 9A for extending machinery provisions of Customs Act to duties levied under these sections:-

Section 8B (Power of Central Government to impose safeguard duty), Section 8C (Power of Central Government to impose transitional product specific safeguard duty on imports from the People's Republic of China.), Section 9 (Countervailing duty on subsidized articles) and Section 9A (Anti-dumping duty on dumped articles) of the Customs Tariff Act, 1975 have been amended retrospectively so as to extend the machinery provisions of the Customs Act to the duties levied under these provisions.

3.       Amendment of sub-section (6A) of Section 9A:-

 

Section 9A provides for “Anti-dumping duty to be imposed on dumped articles”.

 

Sub-section (6A) has been inserted in section 9A of the Customs Tariff Act so as to provide that the margin of dumping in relation to an article exported by an exporter or producer shall be determined on the basis of records maintained by such exporter or producer and on the basis of information available in the case of non-cooperating exporter or producer.

 

4.       Para (A) in Note 2 of Section XI of the Customs Tariff Act has been amended so as to align it with the parallel provision in the Central Excise Tariff Act.

 

5.                 Rebate of duty for locally procured materials used in manufacture of exported goods (DFIA Scheme):-

 

Notification no. 40/2006-Customs dated 01.05.2006 provides exemption to materials imported into India against a Duty Free Import Authorisation from the duty of Customs and the additional duty, safeguard duty and anti-dumping duty.

 

Notification no. 40/2006-Customs dated 01.05.2006 is sought to be amended retrospectively from its date of issue so as to allow the facility of rebate in respect of locally procured materials used in the manufacture of goods exported under the duty free import Authorisation Scheme and to carry out other related changes.

 

6.       Retrospective Amendment to Notification appointing DGCEI officers as Customs Officers:-

 

Notification No. 27/2009-Customs (NT) dated 17.03.2009 appointing officers of DGCEI as officers of customs with all India jurisdiction is sought to be given retrospective effect from 09.05.2000.

 

 

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