Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  The GSTN has issued an Advisory dated 21.04.2026 about the introduction of an Offline Tool for the Invoice Management System (IMS)  *  CBIC extends due dates for filing of FORM GSTR 3B  for the month of April 2026 *  Interest cannot be imposed in adjudication order, if not demanded/quantified in show cause notice : Allahabad HC *  Wheelchairs with toileting facility eligible for exemption: CESTAT affirms customs duty exemption to importer *  Industries urge GST council to allow inverted duty refunds on input services *  Tamil Nadu GST dept introduced virtual hearing facility for GST appeals under under section 107 of the TNGST act: detailed guidelines  *  CIC urges authorities to implement GST evasion complaint tracking system *  Even if the assessee opts "NO" for personal hearing in form DRC-06 ,The mandatory requirement under section 75(4) to grant opportunity of hearing cannot be waived:Gujarat High Court  *  Glufosinate imports curbs imposed by govt *  Government extends Re-import period for exported cut & polished diamonds *  CIC flags lack of tracking system for tax evasion complaints,urges GST authorities to improve transparency *  No Custodial Interrogation needed in GST fraud case based on documentary evidence already in Department's Possession : Chattisgarh HC *  Orders under section cannot be sustained if passed without considering the taxpayer's objections and without granting a personal hearing:Gujarat High Court *  Mere cancellation of supplier's registration cannot,by itself,justify denial of ITC or cancellation of the recipient's registration:Bombay High Court *  High Court sets aside GST notice citing factual errors and natural justice violations *  Provisional Bank Attachment under Section. 110 of Customs Act Unsustainable Beyond Statutory period without Extension order: Bombay HC orders to defreeze accounts *  Post Clearance MRP Alteration by Distributor Does not attract Differential Customs Duty: CESTAT *  DGFT Expands scope of 'Screws' classification under RoDTEP Scheme  *  E-way bills surze to all time high of 140.6 million in March *  GST Exemption Allowed on Pure Labour Services for Standalone Houses: AAR  *  GST Payable Only on Margin in Second-Hand Car Sales, Subject to Strict Conditions and No ITC Claim: AAR *  DGFT rolls out procedure for allocation of calcined coke *  GST portal update : Pre-deposit amount now editable in Appeals *  J&K HC declared TMT scrap a 'Specified Good' eligibile for GST refunds under Support Scheme  *  Pigmy agents are employees of banks; no GST can be levied on commission  paid to them : Karnataka HC *  DGFT Revises HS Code Description for Screws Under RoDTEP *  GST Registration Cancellation Invalid Without Proper Service of Notice: Allahabad High Court. *  Bengaluru CGST | GST Backlog Appeals Deadline Fixed at June 30, 2026 *  No Time Bar on Refund of Service Tax for Services Not Rendered: CESTAT  Remands Indiabulls Case for Unjust Enrichment Check. *  Supreme Court Holds Renewable Energy Incentive Must Benefit Generators, Not Be Adjusted in Tariff
Subject News *   Delhi HC Quashes Order, Says Reminder Cannot Validate Improperly Served GST SCN *  KARNATAKA HIGH COURT REMANDS GST SHORTFALL MATTER DUE TO ABSENCE OF PERSONAL HEARING   *  CESTAT cancels confiscation and penalties on imported computer cabinet cases: Custom duty restricted to 111 surplus units *  Deposit of tax during search or investigation cannot be treated as 'Voluntary Payment' : Bombay High Court *  Section 76 of the CGST cannot be invoked where the tax has already been duly deposited, even if through another registration of the same entity: Madras High Court *  Sec 74 allows use of material regardless of source; illegality or flaws in section 67 search do not vitiate valid adjudication: HC *  Inter-State transfer of ITC on Amalgamation permissible as given under section 18(3) read with rule 41 of the CGST rules, 2017: Gujarat High Court *  HC: No GST on commisson paid to Pigmy Agents *  IGST refund denial on illegible bill of lading invalid absent chance to furnish docs; merit reconsideration in appeals directed: HC *  ITC is not admissible on GST paid on leasehold rights of land used fpr setting up an air seperation plant: AAAR,Tamil Nadu *  GST: No penalty under Section 74 after voluntary ITC reversal due to non-existent supplier : High Court *  TN AAAR denies GST ITC on Land Lease under Sec. 17(5)(d) for setting up plant and machinery *  GST proceedings quashed as notices sent to old address, despite updated address in registration *  Importer Can’t Be Penalised for Alleged IGCR Procedural Lapses Without Evidence of Departmental Error: CESTAT *  Structured Healthcare Training Not ‘Charitable Activity’, 18% GST Payable: AAR  *  CESTAT As The Appellate Authority For Central Sales Tax Disputes: A Paradigm Shift Under Finance Act, 2023 *   Rs. 25K Cost Imposed On SGST Joint Commissioner for Attaching Bank  Accounts Without Forming Mandatory “Opinion”: Bombay HC *   Ex-Parte GST Order Without Hearing Violates Natural Justice: Karnataka  High Court Quashes Adjudication and Bank Attachment.  *   Retrospective GST Cancellation Can’t Invalidate Genuine Transactions:  Jaipur Commissioner (Appeals) Quashes Rs. 95,670 ITC Demand. *   GST Pre-Deposit Non-Compliance: Allahabad High Court Allows Appeal  Subject to Rs. 30 Lakh Balance Deposit, Recognises Offline Filing. *  Documentary Nature of Evidence: Allahabad High Court Grants Bail in Rs. 32.66 Crore Fake ITC Fraud Case *  Supreme Court Flags Systemic Bias in Army’s Permanent Commission Process for Women Officers *  Re-Determination of Land Compensation Can Be Based on Appellate Court Awards, Clarifies Scope of S. 28-A: Supreme Court. *  Supreme Court Imposes Rs. 5 Lakh Costs On Rent Authority Officer For Acting Beyond Jurisdiction. *  DGGI Meerut | Court Denies Bail to Accused in Claiming Fake ITC And Export Refunds *  Denial of GST Rate Revision Benefit to Contractor Violates Article 14: Rajasthan HC *  GST Registration Cancellation for Non-Filing of Returns: Gauhati High Court Directs Restoration on Compliance. *   Supreme Court Quashes FEMA Adjudication Orders, Revives Proceedings at  Show Cause Stage. *   Higher Rank, Harsher Punishment Justified: Supreme Court Restores Dismissal  of Bank Manager in Misappropriation Case. *   Limitation for Export Refund to Be Counted from Foreign Exchange Realisation,  Not From Export Invoices Issuance: CESTAT  

Comments

Publish Date: 13 Jul, 2009
Print   |    |  Comment

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.

 

 

Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com