The Finance Minister Nirmala Sitharaman presented Union Budget 2020 in Parliament on Saturday, February 1st, 2020. She stated that the gove...
The Finance Minister Nirmala Sitharaman presented Union Budget 2020 in Parliament on Saturday, February 1st, 2020. She stated that the government shall work towards taking the country forward so that we can leapfrog to the next level of health, prosperity and well-being.
The budget was presented in the backdrop of two cross-cutting developments:
a) Proliferation of technologies, specially analytics, machine learning, robotics, bio-informatics and Artificial Intelligence; and
b) The number of people in the productive age group i.e. 15-65 years in India, being at its highest.
This combination is special to contemporary India. The energy, enthusiasm and the innovation of our youth are the ignition required to push forward. The Indian spirit of entrepreneurship which weathered several storms over the centuries inspires and motivates all of us alike and hence the government recognised the need to support and further energise this spirit.
This budget is woven around 3 prominent themes:
1. Aspirational India in which all sections of the society seek better standards of living, with access to health, education and better jobs.
2. Economic development for all, indicated in the Prime Minister’s exhortation of “SabkaSaath, SabkaVikas, SabkaVishwas". This would entail reforms across swathes of the economy. Simultaneously, it would mean yielding more space for the private sector. Together, they would ensure higher productivity and greater efficiency.
3. Ours shall be a Caring Society that is both humane and compassionate. Antyodaya is an article of faith.
The aim towards this budget has been to lift up the dampened spirits of the Indian economy and to provide a stimulus towards growth whilst recovering from the current slowdown faced by businesses.
GST
Amendments carried out through the Finance Bill, 2020 will come into effect on the date of its enactment (unless otherwise specified), concurrently with the corresponding amendments
to the Acts passed by the States & Union territories with legislature.
Proposed Amendments in the CGST Act, 2017
Proposed Amendments in the IGST Act, 2017
Current provisions
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Proposed provisions
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Effect
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Section 25(1)- Removal of difficulties
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(1) If any difficulty arises in giving effect to any provision of this Act, the Government may, on the recommendations of the Council, by a general or a special order published
in the Official Gazette, make such provisions not inconsistent with the provisions of this Act or the rules or regulations made thereunder, as may be necessary or expedient for the purpose of removing the said difficulty:
Provided that no such order shall be made after the expiry of a period of three years from the date of commencement of this Act
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(1) If any difficulty arises in giving effect to any provision of this Act, the Government may, on the recommendations of the Council, by a general or a special order published
in the Official Gazette, make such provisions not inconsistent with the provisions of this Act or the rules or regulations made thereunder, as may be necessary or expedient for the purpose of removing the said difficulty:
Provided that no such order shall be made after the expiry of a period of
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Seeks to extend the time limit provided for removal of difficulties from three years to five years with effect from the date of commencement of the said
Act.
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Retrospective exemption from, or levy or collection of, IGST in certain cases
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Relevant clause of the Finance Bill, 2020
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Effect
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Clause 133
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Clause 133 of the Bill seeks to provide retrospective exemption from IGST on supply of fishmeal, during the period from July 1, 2017 up to September 30, 2019 (both days inclusive).
It further seeks to retrospectively levy IGST at the reduced rate of 12% on supply of pulley, wheels and other parts (falling under heading 8483) and used as parts of agricultural machinery of headings 8432, 8433 and 8436, during the period from July 1, 2017 up to December 31, 2018 (both days inclusive).
It also seeks to provide that no refund shall be made of the tax which has already been collected.
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Proposed Amendments in the UTGST Act, 2017
Current provisions
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Proposed provisions
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Effect
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Section 1(2)- Short title, extent and commencement
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(2) It extends to the Union territories of the Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli, Daman and Diu, Chandigarh and other territory.
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(2) It extends to the Union territories of the Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli and Daman and Diu, Ladakh, Chandigarh and other territory.
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Seeks to give effect to the change in the status of Union territory of Dadra and Nagar Haveli and Union territory of Daman and Diu to make UTGST Act, 2017 applicable to the Union
territory of Ladakh.
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Section 2(8) - Definitions
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‘‘Union territory’’ means the territory of,-
…….
(iii) Dadra and Nagar Haveli
(iv) Daman and Diu
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‘‘Union territory’’ means the territory of,-
…….
(iii) Dadra and Nagar Haveli and Daman and Diu
(iv) Ladakh
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Seeks to align the definition of “Union Territory” in line with the Jammu and Kashmir Reorganisation Act, 2019 and Dadar and Nagar Haveli and Daman and Diu (Merger of
Union Territories) Act, 2019.
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Section 26(1)- Removal of Difficulties
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(1) If any difficulty arises in giving effect to any provision of this Act, the Central Government may, on the recommendations of the Council, by a general or a special order
published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act or the rules or regulations made thereunder, as may be necessary or expedient for the purpose of removing the said
difficulty:
Provided that no such order shall be made after the expiry of a period of three years from the date of commencement of this Act.
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(1) If any difficulty arises in giving effect to any provision of this Act, the Central Government may, on the recommendations of the Council, by a general or a special order
published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act or the rules or regulations made thereunder, as may be necessary or expedient for the purpose of removing the said
difficulty:
Provided that no such order shall be made after the expiry of a period of
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Seeks to extend the time limit provided for removal of difficulties from three years to five years.
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Retrospective exemption from, or levy or collection of, UTGST in certain cases
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Relevant clause of the Finance Bill, 2020
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Effect
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Clause 137
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Clause 137 of the Bill seeks to provide retrospective exemption from UTGST on supply of fishmeal, during the period from July 1, 2017 up to September 30, 2019 (both days inclusive).
It further seeks to retrospectively levy UTGST at the reduced rate of 6% on supply of pulley, wheels and other parts (falling under heading 8483) and used as parts of agricultural machinery of headings 8432, 8433 and 8436, during the period from July 1, 2017 up to December 31, 2018 (both days inclusive).
It also seeks to provide that no refund shall be made of the tax which has already been collected.
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Proposed Amendments in the GST (Compensation to States) Act, 2017
Current provisions
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Proposed provisions
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Effect
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Section 14(1)- Power to remove difficulties
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(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, on the recommendations of the Council, by order published in the Official
Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty:
Provided that no order shall be made under this section after the expiry of three years from the commencement of this Act.
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(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, on the recommendations of the Council, by order published in the Official
Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty:
Provided that no order shall be made under this section after the expiry of
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Seeks to extend the time limit provided for removal of difficulties from three years to five years with effect from the date of commencement of the said
Act.
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CUSTOMS
Unless otherwise stated, all changes in rate of Customs duty take effect from the midnight of 1st February/2nd February, 2020. A declaration has been made under the Provisional Collection of Taxes Act, 1931 in
respect of clauses 115(a), 115(b) [Amendment of First Schedule to the Customs Tariff Act], 139 [Health Cess] and 145 [Amendment in levy of NCCD] of the Finance Bill, 2020 so that changes proposed therein takes effect from
the midnight of 1st February/2nd February, 2020. The remaining legislative changes would come into effect only upon the enactment of the Finance Bill, 2020.
Proposed Amendments in the Customs Act, 1962
Current provisions
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Proposed provisions
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Effect
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Section – 11 (Power to prohibit importation or exportation of goods)
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(2) The purposes referred to in sub-section (1) are the following: -
……………
(f) the prevention of injury to the economy of the country by the uncontrolled import or export of gold or silver.
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(2) The purposes referred to in sub-section (1) are the following: -
…………
(f) the prevention of injury to the economy of the country by the uncontrolled import or export of gold or silver or any other goods.
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Seeks to include any other goods along with gold or silver to enable the Central Government to prohibit either absolutely or conditionally the import or
export of such goods to prevent injury to the economy on account of uncontrolled import or export of such goods.
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Section - 28 (Recovery of duties not levied or not paid or short-levied or short-paid or erroneously refunded)
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Explanation 4.- For the removal of doubts, it is hereby declared that in cases where notice has been issued for non-levy, not paid, short-levy or short-paid
or erroneous refund after the 14th day of May, 2015, but before the date on which the Finance Bill, 2018 receives the assent of the President, they shall continue to be governed by the provisions of section 28 as it stood
immediately before the date on which such assent is received.
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“Explanation 4.—For the removal of doubts, it is hereby declared that notwithstanding anything to the contrary contained in any judgment, decree or order of the Appellate Tribunal or any Court or in any other provision of this Act or the rules or regulations made thereunder,
or in any other law for the time being in force, in cases where notice has been issued for non-levy, short-levy, non-payment, short-payment or erroneous refund, prior to the 29th day of March, 2018, being the date of commencement of the Finance Act, 2018, such notice shall continue to be governed by the provisions of section 28 as it stood immediately before such date.”
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An explanation is being substituted to explicitly clarify that any notice issued under the said section, prior to enactment of the Finance Act, 2018, shall continue to be governed
by Section 28, as it existed before the said enactment, notwithstanding order of the Appellate Tribunal, Court or any other provisions of the Customs Act or rules made thereunder or any other law to the contrary.
This amendment shall come into effect retrospectively from March 29, 2018, i.e. the date of commencement of the Finance Act, 2018.
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Section - 28AAA (Recovery of duties in certain cases)
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(1) Where an instrument issued to a person has been obtained by him by means of-
(a) collusion; or
(b) wilful misstatement; or
(c) suppression of facts,
for the purposes of this Act or the Foreign Trade (Development and Regulation) Act, 1992, Act of 22 of 1992, by such person or his agent or employee and such instrument
is utilised under the provisions of this Act or the rules made or notifications issued thereunder, by a person other than the person to whom the instrument was issued, the duty relatable to such utilisation of instrument
shall be deemed never to have been exempted or debited and such duty shall be recovered from the person to whom the said instrument was issued:
Provided that the action relating to recovery of duty under this section against the person to whom the instrument was issued shall be without prejudice to an action against the importer under section 28.
Explanation 1.- For the purposes of this sub-section, "instrument" means any scrip or authorisation or licence or certificate or such other document, by whatever name called, issued under the Foreign Trade
(Development and Regulation) Act, 1992, (22 of 1992) with respect to a reward or incentive scheme or duty exemption scheme or duty remission scheme or such other scheme bestowing financial or fiscal benefits, which may be
utilised under the provisions of this Act or the rules made or notifications issued thereunder.
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(1) Where an instrument issued to a person has been obtained by him by means of-
(a) collusion; or
(b) wilful misstatement; or
(c) suppression of facts,
for the purposes of this Act or the Foreign Trade (Development and Regulation) Act, 1992, Act of 22 of 1992, or any other law, or any scheme of the Central Government, for the time being in force, by such person or his agent or employee and such instrument is utilised under the provisions of this Act or the rules or regulations made or notifications issued thereunder, by a person other than the person to whom the instrument was issued, the duty relatable to such utilisation of instrument shall be deemed never to have been exempted
or debited and such duty shall be recovered from the person to whom the said instrument was issued:
Provided that the action relating to recovery of duty under this section against the person to whom the instrument was issued shall be without prejudice to an action against the importer under section 28.
Explanation 1.- For the purposes of this sub-section, "instrument" means any scrip or authorisation or licence or certificate or such other document, by whatever name called, issued under the Foreign Trade
(Development and Regulation) Act, 1992, (22 of 1992) or duty credit issued under section 51B, with respect to a reward or incentive scheme or duty exemption scheme or duty remission scheme or such other scheme bestowing financial or fiscal benefits,
which may be utilised under the provisions of this Act or the rules made or notifications issued thereunder.
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Section 28AAA of the Customs Act is amended so as to provide for recovery of duty from a person against utilisation of instruments issued under any other law, or under any scheme
of the Central Government, for the time being in force, in addition to the Foreign Trade (Development and Regulation) Act, 1992.
It also seeks to expand the scope of the term “instrument” to include duty credit issued under Section 51B.
Note: Section 51B is newly inserted to enable duty credit in lieu of duty remission to be given in respect of exports or
other such benefits in electronic form for its usage, transfer, etc. The provisions for recovery of duties provided under section 28AAA of the Customs Act are also being expanded to include such electronic credit of duties.
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Chapter VAA – Administration of Rules of Origin Under Trade Agreement
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Clause108 of the Bill seeks to insert a new Chapter VAA and a new Section 28DA in the Customs Act so as to provide enabling provision for administering the preferential tariff treatment regime under Trade Agreements.
The proposed new section seeks to specifically provide for certain obligations on importer and prescribe for time
bound verification from exporting country in case of doubt.
Pending verification preferential tariff treatment shall be suspended and goods shall be cleared only on furnishing
security equal to differential duty. In certain cases, the preferential tax treatment may be denied without further verification.
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Section VIIA - Payments through Electronic Cash Ledger and Electronic Duty Credit Ledger
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Insertion of New Section - 51B (Ledger for duty credit)
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(1) The Central Government may, by notification in the Official Gazette, specify the manner in which it shall issue duty credit,––
(a) in lieu of remission of any duty or tax or levy, chargeable on any material used in the manufacture or processing of goods or for carrying out any operation on such goods in India that are exported; or (b) in lieu of such other financial benefit subject to such conditions and restrictions as may be specified therein.
(2) The duty credit issued under sub-section (1) shall be maintained in the customs automated system in the form of an electronic duty credit ledger of the person who
is the recipient of such duty credit, in such manner as may be prescribed.
(3) The duty credit available in the electronic duty credit ledger may be used by the person to whom it is issued or the person to whom it is transferred, towards making
payment of duties payable under this Act or under the Customs Tariff Act, 1975 in such manner and subject to such conditions and restrictions and within such time as may be prescribed.”.
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New Section 51B in Customs Act so as to provide for creation of an Electronic Duty Credit Ledger in the customs system. This will enable duty credit in lieu of duty remission to be given in respect of exports or other such benefit in electronic form for its usage, transfer, etc.
The provision for recovery of duties provided under Section 28AAA of the Customs Act, are also being expanded to include such electronic credit of duties.
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Section - 111 (Confiscation of improperly imported goods, etc.)
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The following goods brought from a place outside India shall be liable to confiscation: -
………………
(p) any notified goods in relation to which any provisions of Chapter IVA or of any rule made under this Act for carrying out the purposes of that Chapter have been
contravened.
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The following goods brought from a place outside India shall be liable to confiscation: -
………………
(p) any notified goods in relation to which any provisions of Chapter IVA or of any rule made under this Act for carrying out the purposes of that Chapter have been contravened.
(q) any goods imported on a claim of preferential rate of duty which contravenes any provision of Chapter VAA or any rule
made thereunder.
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New clause (q) is inserted so as to provide for confiscation of improperly imported goods for contravention of the provisions of Chapter VAA [Newly inserted chapter for Administration
of Rules of Origin under Trade Agreement].
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Section - 156 (General power to make rules)
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2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: -
…………………
(h) the amount to be paid for compounding and the manner of compounding under sub-section (3) of section 137
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2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: -
…………………
(h) the amount to be paid for compounding and the manner of compounding under sub-section (3) of section 137
(i) the form, time limit, manner, circumstances, conditions, restrictions and such other matters for carrying out the provisions
of Chapter VAA.
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New clause (i) is inserted so as to empower the Central Government to make rules providing for the form, time limit, manner, circumstances, conditions, restrictions and other matters
for carrying out the provisions of Chapter VAA [Newly inserted chapter for Administration of Rules of Origin under Trade Agreement].
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Section - 157 (General power to make regulations)
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(2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: -
……………….
(j) the conditions, restrictions and the manner of making deposits in electronic cash ledger, the utilisation and refund therefrom
and the manner of maintaining such ledger;
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(2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: -
……………….
(j) the conditions, restrictions and the manner of making deposits in electronic cash ledger, the utilisation and refund therefrom and the manner of maintaining such ledger.
(ja) the manner of maintaining electronic duty credit ledger, making payment from such ledger, transfer of duty credit from
ledger of one person to the ledger of another and the conditions, restrictions and time limit relating thereto;
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Seeks to amend Section 157 so as to empower the Board to make regulations for the manner of maintaining electronic duty ledger, making of payment from that ledger, transfer of duty
credit from ledger of one person to the ledger of another and the conditions, restrictions and the time limit relating thereto.
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Proposed Amendments in the Customs Tariff Act, 1975
Current provisions
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Proposed provisions
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Effect
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Section – 8B (Power of Central Government to apply safeguard measures)
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(1) If the Central Government, after conducting such enquiry as it deems fit, is satisfied that any article is imported into India in such increased quantities and under
such conditions so as to cause or threatening to cause serious injury to domestic industry, then, it may, by notification in the Official Gazette, impose a safeguard duty on that article:
Provided that no such duty shall be imposed on an article originating from a developing country so long as the share of imports of that article from that country does not
exceed three per cent or where the article is originating from more than one developing countries, then, so long as the aggregate of the imports from developing countries each with less than three per cent import share taken
together does not exceed nine per cent of the total imports of that article into India.
Provided further that the Central Government may, by notification in the Official Gazette, exempt such quantity of any article as it may specify in the notification, when
imported from any country or territory into India, from payment of the whole or part of the safeguard duty leviable thereon.
(2) The Central Government may, pending the determination under sub-section (1), impose a provisional safeguard duty under this sub-section on the basis of a preliminary
determination that increased imports have caused or threatened to cause serious injury to a domestic industry:
Provided that where, on final determination, the Central Government is of the opinion that increased imports have not caused or threatened to cause serious injury to a domestic
industry, it shall refund the duty so collected:
Provided further that the provisional safeguard duty shall not remain in force for more than two hundred days from the date on which it was imposed.
(2A) Notwithstanding anything contained in sub-section (1) and sub-section (2), a notification issued under sub-section (1) or any safeguard duty imposed under sub-section
(2), 2[shall not apply to articles imported by a hundred per cent. export-oriented undertaking or a unit in a special economic zone unless,-
(i) specifically made applicable in such notifications or such impositions, as the case may be; or
(ii) the article imported is either cleared as such into the domestic tariff area or used in the manufacture of any goods that are cleared into the domestic tariff area
and in such cases safeguard duty shall be levied on that portion of the article so cleared or so used as was leviable when it was imported into India.
Explanation. - For the purposes of this section, the expressions "hundred per cent. export-oriented undertaking", and "special economic zone" shall
have the meanings assigned to them in Explanation 2 to sub-section (1) of section 3 of Central Excise Act, 1944 (1 of 1944).
(3) The duty chargeable under this section shall be in addition to any other duty imposed under this Act or under any other law for the time being in force.
(4) The duty imposed under this section shall, unless revoked earlier, cease to have effect on the expiry of four years from the date of such imposition:
Provided that if the Central Government is of the opinion that the domestic industry has taken measures to adjust to such injury or threat thereof and it is necessary that
the safeguard duty should continue to be imposed, it may extend the period of such imposition :
Provided further that in no case the safeguard duty shall continue to be imposed beyond a period of ten years from the date on which such duty was first imposed.
(4A) The provisions of the Customs Act, 1962 (52 of 1962) and the rules and regulations made thereunder, including those relating to the date for determination of rate of
duty, assessment, non-levy, short levy, refunds, interest, appeals, offences and penalties shall, as far as may be, apply to the duty chargeable under this section as they apply in relation to duties leviable under that
Act.
(5) The Central Government may, by notification in the Official Gazette, make rules for the purposes of this section, and without prejudice to the generality of the foregoing,
such rules may provide for the manner in which articles liable for safeguard duty may be identified and for the manner in which the causes of serious injury or causes of threat of serious injury in relation to such articles
may be determined and for the assessment and collection of such safeguard duty.
(6) For the purposes of this section, -
(a) "developing country" means a country notified by the Central Government in the Official Gazette for the purposes of this section.
(b) "domestic industry" means the producers -
(i) as a whole of the like article or a directly competitive article in India; or
(ii) whose collective output of the like article or a directly competitive article in India constitutes a major share of the total production of the said article in India.
(c) "serious injury" means an injury causing significant overall impairment in the position of a domestic industry;
(d) "threat of serious injury" means a clear and imminent danger of serious injury.
(7) Every notification issued under this section shall, as soon as may be after it is issued, be laid before each House of Parliament.
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(1) If the Central Government, after conducting such enquiry as it deems fit, is satisfied that any article is imported into India in such increased quantity and under such conditions
so as to cause or threaten to cause serious injury to domestic industry, it may, by notification in the Official Gazette, apply such safeguard measures on that article, as it deems appropriate.
(2) The safeguard measures referred to in sub-section (1) shall include imposition of safeguard duty, application of tariff-rate quota or such other measure, as the Central Government may consider appropriate, to curb the increased quantity of imports of an article to prevent serious injury to domestic industry: Provided that no such measure shall be applied on an article originating from a developing country so long as the share of imports of that article from that country does not exceed three per cent. or where the article is originating from more than one developing country, then, so long as the aggregate of the imports from each of such developing countries with less than three per cent. import share taken together, does not exceed nine per cent. of the total imports of that article into India: Provided further that the Central Government may, by notification in the Official Gazette, exempt such quantity of any article as it may specify in the notification, when imported from any country or territory into India, from payment of the whole or part of the safeguard duty leviable thereon.
(3) Where tariff-rate quota is used as a safeguard measure, the Central Government shall not fix such quota lower than the average level of imports
in the last three representative years for which statistics are available, unless a different level is deemed necessary to prevent or remedy serious injury.
(4) The Central Government may allocate such tariff-rate quota to supplying countries having a substantial interest in supplying the article concerned, in such manner as may be provided by rules. (5) The Central Government may, pending the determination under sub-section (1), apply provisional safeguard measures under this sub-section on the basis of a preliminary determination that increased imports have caused or threatened to cause serious injury to a domestic industry: 5 Provided that where, on final determination, the Central Government is of the opinion that increased imports have not caused or threatened to cause serious injury to a domestic industry, it shall refund the safeguard duty so collected: Provided further that any provisional safeguard measure shall not remain in force for more than two hundred days from the date on which it was applied. 10 (6) Notwithstanding anything contained in the foregoing sub-sections, a notification issued under sub-section (1) or any safeguard measures applied under sub-sections (2), (3), (4) and (5), shall not apply to articles imported by a hundred per cent. export-oriented undertaking or a unit in a special economic zone, unless— (i) it is specifically made applicable in such notification or to such undertaking or unit; 15 (ii)such article is either cleared as such into the domestic tariff area or used in the manufacture of any goods that are cleared into the domestic tariff area, in which case, safeguard measures shall be applied on the portion of the article so cleared or used, as was applicable when it was imported into India. 1 of 1944. 20 Explanation.––For the purposes of this section, the expressions “hundred per cent. export-oriented undertaking”, and “special economic zone” shall have the same meaning as assigned to them in Explanation 2 to sub-section (1) of section 3 of the Central Excise Act, 1944. (7)The safeguard duty imposed under this section shall be in addition to any other duty imposed under this Act or under any other law for the time being in force. 25 (8)The safeguard measures applied under this section shall, unless revoked earlier, cease to have effect on the expiry of four years from the date of such application: Provided that if the Central Government is of the opinion that the domestic industry has taken measures to adjust to such injury or threat thereof and it is necessary that the safeguard measures should continue to be applied, it may extend the period of such application: Provided further that in no case the safeguard measures shall continue to be applied beyond a period of ten years from the date on which such measures were first applied. 52 of 1962. 35 (9)The provisions of the Customs Act, 1962 and the rules and regulations made thereunder, including those relating to the date for determination of rate of duty, assessment, non-levy, short-levy, refunds, interest, appeals, offences and penalties shall, as far as may be, apply to the duty chargeable under this section as they apply in relation to duties leviable under that Act. 40 (10)The Central Government may, by notification in the Official Gazette, make rules for the purposes of this section, and without prejudice to the generality of the foregoing power, such rules may provide for–– (i) the manner in which articles liable for safeguard measures may be identified; (ii) the manner in which the causes of serious injury or causes of threat of serious injury in relation to identified article may be determined; (iii) the manner of assessment and collection of safeguard duty; 45 (iv) the manner in which tariff-rate quota on identified article may be allocated among supplying countries; (v) the manner of implementing tariff-rate quota as a safeguard measure; (vi) any other safeguard measure and the manner of its application. (11)For the purposes of this section,–– 50 (a)“developing country” means a country notified by the Central Government in the Official Gazette; (b)“domestic industry” means the producers–– (i)as a whole of the like article or a directly competitive article in India; or 55 (ii)whose collective output of the like article or a directly competitive article in India constitutes a major share of the total production of the said article in India; (c) “serious injury” means an injury causing significant overall impairment in the position of a domestic industry; (d) “threat of serious injury” means a clear and imminent danger of serious injury. (12) Every notification issued under this section shall be laid, as soon as may be after it is issued, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the notification or both Houses agree that the notification should not be issued, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification.’. |
Seeks to substitute Section 8B of the Customs Tariff Act so as to empower the Central Government to apply safeguard measures including tariff rate quota to curb increased quantity
of imports of an article to prevent serious injury to domestic industry.
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Amendments in First Schedule of the Customs Tariff Act, 1975
AMENDMENTS IN FIRST SCHEDULE OF THE CUSTOMS TARIFF ACT, 1975
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In the Customs Tariff Act 1975, the First Schedule shall––
(a) be amended in the manner specified in the Second Schedule; and
(b) be also amended in the manner specified in the Third Schedule.
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Effect: Clause115 of the Bill seeks to amend the First Schedule to the Customs Tariff Act so as to:-
(a) Revise tariff rates in respect of certain tariff items in the manner specified in the Second Schedule;
(b) Create new tariff lines in the manner specified in the Third Schedule.
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Health Cess on Imported Medical Devices
Vide clause 139 of the Finance Bill, 2020, Health Cess is being imposed on the import of medical devices falling
under headings 9018 to 9022, at the rate of 5% ad valorem on the import value of such goods as determined under Section 14 of the Customs Act, 1962.
This Heath Cess shall be a duty of Customs.
Heath Cess shall not be imposed on medical devices which are exempt from BCD.
Further, inputs/ parts used in the manufacture of medical devices will also be exempt from Health Cess.
Export Promotion scrips shall not be used for payment of said Cess.
Gist of Various Customs Notifications
Following are the gist of the notifications which makes amendment in Customs Tariff and Non-Tariff, with effect from midnight of Feb 01/Feb 02, 2020.
Customs: Tariff Notifications
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S. No.
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Notification No.
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Description
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1.
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Seeks to further amend notification No. 50/2017-Customs dated 30th June 2017 so as to prescribe effective rate of Basic Customs Duty (BCD).
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2.
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Seeks to further amend notification No. 57/2017-Customs, dated the 30th June 2017 so as to change the applicable BCD rate on specified parts of Cellular Mobile Phones.
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3.
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Seeks to further amend notification No. 19/2019-Customs dated the 6th July 2019 so as to extend the exemption from BCD and IGST on specified military equipment, if imported by DPSUs and PSUs for the defense forces.
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4.
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Seeks to further amend notification No. 148/1994-Customs dated the 13th July, 1994 to exempt wool, woolen fabrics and apparels received as gifts by the Indian Red Cross Society.
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5.
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Seeks to amend notification No. 25/99-Customs dated 28th February, 1999 so as to withdraw BCD exemption on Gold used in manufacture of semi-conductor devices or light emitting diode and to provide exemption to specified parts for use in manufacture of fuses and connectors.
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6.
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Seeks to further amend notification No. 24/2005-Customs, dated the 1st March, 2005 so as to exclude copper and articles thereof from the exemption provided to raw materials use for manufacturing of ITA goods specified therein the notification.
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7.
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Seeks to further amend notification No. 25/2005-Customs, dated the 1st March, 2005 so as to exclude copper and articles thereof from the exemption provided to raw materials use for manufacturing of ITA goods specified therein the notification.
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8.
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Seeks to exempt specified goods from Health Cess imposed on the medical devices falling under heading 9018 to 9022 in terms of clause 139 of the Finance Bill, 2020.
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9.
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Seeks to further amend notification No. 11/2018-Customs, dated the 2nd February, 2018 in order to revise the levy of Social Welfare Surcharge on specified goods [Refer Annexure A for details].
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10.
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Seeks to further amend notifications mentioned in the Column (2) of the Table of the notification No. 10/2020-Customs, dated the 2nd February, 2020 so as to align the notification
mentioned in Column (2) with the new tariff lines created as per Finance Bill, 2020.
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11.
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Seeks to further amend notification No. 82/2017-Customs dated the 27th October 2017 so as to omit a redundant entry at S. No. 31A.
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12.
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Seeks to rescind certain customs notifications which have become redundant or entries in these notifications are being merged with other similar notifications granting exemptions.
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Customs: Non-Tariff Notifications
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1.
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Seeks to further amend Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 to
change the anti-circumvention provision and make certain other miscellaneous changes.
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2.
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Seeks to further amend Customs Tariff (Identification, Assessment and Collection of Countervailing Duty on Subsidized Articles and for Determination of Injury) Rules, 1995
to introduce anti-circumvention provisions in these rules and make certain other miscellaneous changes.
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Customs: Safeguard Duty
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1.
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Seeks to amend notification No. 1/2018-Customs (SG), dated the 30th July, 2018 so as to align the tariff item of subject goods with the new tariff items created as per Finance Bill, 2020.
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Customs: Anti-Dumping Duty
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1.
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Seeks to revoke the Anti-dumping duty imposed on Purified Terephthalic Acid and for this purpose, rescinds the notifications No. 28/2016-Customs (ADD), dated the 5th July, 2016 and No. 28/2019-Customs (ADD), dated the 24th July, 2019.
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CENTRAL EXCISE
Changes in Central Excise - Budget 2020
Clause 145 of the Finance Bill, 2020 r.w. Fifth Schedule: Levy of National Calamity Contingent Duty (NCCD) is being reviewed on the following items:
Tariff Item
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Description of Goods
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From
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To
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(1)
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(2)
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(3)
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(4)
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2402 20 10
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Other than filter cigarettes, of length not exceeding 65 millimetres
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Rs. 90 per thousand
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Rs. 200 per thousand
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2402 20 20
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Other than filter cigarettes, of length exceeding 65 millimetres but not exceeding 70 millimetres
|
Rs. 145 per thousand
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Rs. 250 per thousand
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2402 20 30
|
Filter cigarettes of length (including the length of the filter, the length of filter being 11 millimetres or its actual length, whichever is more) not exceeding 65 millimetres
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Rs. 90 per thousand
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Rs. 440 per thousand
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2402 20 40
|
Filter cigarettes of length (including the length of the filter, the length of filter being 11 millimetres or its actual length, whichever is more) exceeding 65 millimetres but not
exceeding 70 millimetres
|
Rs. 90 per thousand
|
Rs. 440 per thousand
|
2402 20 50
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Filter cigarettes of length (including the length of the filter, the length of filter being 11 millimetres or its actual length, whichever is more) exceeding 70 millimetres but not
exceeding 75 millimetres
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Rs. 145 per thousand
|
Rs. 545 per thousand
|
2402 20 90
|
Other
|
Rs. 235 per thousand
|
Rs. 735 per thousand
|
2402 90 10
|
Cigarettes of tobacco substitutes
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Rs. 150 per thousand
|
Rs. 600 per thousand
|
2403 11 10
|
Hookah or gudaku tobacco
|
10%
|
25%
|
2403 19 10
|
Smoking mixtures for pipes and cigarettes
|
45%
|
60%
|
2403 19 90
|
Other
|
10%
|
25%
|
2403 91 00
|
“Homogenised” or “reconstituted” tobacco
|
10%
|
25%
|
2403 99 10
|
Chewing tobacco
|
10%
|
25%
|
2403 99 20
|
Preparations containing chewing tobacco
|
10%
|
25%
|
2403 99 30
|
Jarda scented tobacco
|
10%
|
25%
|
2403 99 40
|
Snuff
|
10%
|
25%
|
2403 99 50
|
Preparations containing snuff
|
10%
|
25%
|
2403 99 60
|
Tobacco extracts and essence
|
10%
|
25%
|
2403 99 90
|
Other
|
10%
|
25%
|
Note: These changes will come into effect immediately [from 00 hours on 02.02.2020] owing to the declaration under the Provisional Collection of Taxes Act, 1931.
(a) "Basic Excise Duty" means the excise duty set forth in the Fourth Schedule to the Central Excise Act, 1944.
(b) NCCD means "National Calamity Contingent Duty" levied under Finance Act, 2001, as a duty of Excise on specified goods at rates specified in the seventh schedule
to Finance Act, 2001.
thanks & Best Regards,
Bimal Jain
FCA, FCS, LLB, B. Com (Hons)
COMMENTS