De-minimis customs duties exemption limit for goods imported through parcels, packets and letters-
It is now CIF value not exceeding Rs.1000 per consignment
It is now CIF value not exceeding Rs.1000 per consignment
Wednesday, February 01, 2017
#Budget2017withGlobalTaxGuru now personal import benefits available to courier import too.
Chapter Note (4) of Chapter 98 is being amended so as to remove the non-applicability of headings 9803 and 9804 to goods imported through courier service.
Also, heading 9804 is being amended so as to extend the classification of personal imports by courier, sea, or land under this heading.
#Budget2017withGlobalTaxGuru on CBEC
No Change in CBEC functioning and no major change in Customs & Excise duty, as same will be covered by GST.
#Budget2017withGlobalTaxGuru on personal income tax
Reduce income tax rate by 5 % , for Income between 2.5 lakhs to 5 lakhs.
#Budget2017withGlobalTaxGuru on political funding
Maximum cash deposit from any individual only Rs 2000/
Electrol bond can be purchased
Conditions for Income Tax exemption to political party.
Electrol bond can be purchased
Conditions for Income Tax exemption to political party.
#Budget2017withGlobalTaxGuru on SME
Income tax by 5% reduced on company turnover less than Rs 50 Crore .
#Budget2017withGlobalTaxGuru on Tax
India tax to GDP ratio is low
Very low tax compliance , more tax avoidance as compared to income generation.
Changing colour of money
Stimulate growth, simplification of tax, affordable house
Capital gain to reduce from three years to two years in housing & land.
Very low tax compliance , more tax avoidance as compared to income generation.
Changing colour of money
Stimulate growth, simplification of tax, affordable house
Capital gain to reduce from three years to two years in housing & land.
#Budget2017withGlobalTaxGuru on education
No entrance exam by CBSE
Separate body for IIT & Medical examination
Separate body for IIT & Medical examination
#Budget2017withGlobalTaxGuru on Indian Railway
Railway focus on
Passenger safety
Joint sectors with 9 states
Swachch Railway
Passenger safety
Joint sectors with 9 states
Swachch Railway
#Budget2017withGlobalTaxGuru lot of expectation after demonitisation
First time it is on 1st Feb.
First time Railway budget is part of general budget.
First time Railway budget is part of general budget.
Wednesday, August 31, 2016
Good news for importing consumer electronics goods for personal use
Foreign trade policy - enhanced limit from C.I.F Rs 2000 to Rs 50,000 for importing consumer electronics goods through Postal Channel or personal use.
Government of India
Ministry of Commerce and Industry Department of Commerce Directorate General of Foreign Trade
Notification No. 22/2015-2020
New Delhi, Dated 12 August, 2016
S.O. - In exercise of powers conferred by Section 3 of the Foreign Trade (Development and Regulation) Act, 1992, the Central Government hereby amends Clause 3(1)(i)(h) of Foreign Trade (Exemption from application of Rules in certain cases) order, 1993 as under:
Effect of the notification: C.I.F. value of import of consumer electronic items at any one time by any person through post or otherwise for personal use is enhanced to Rs. 50,000.
(Anup Wadhawan)
Director General of Foreign Trade E-mail: dgft[at]nic[dot]in Issued from F. No. 01/93/180/16/AM-16/PC-2(B) | |||||
Good news for importing consumer electronics goods for personal use
Foreign trade policy - enhanced limit from C.I.F Rs 2000 to Rs 50,000 for importing consumer electronics goods through Postal Channel or personal use.
Government of India
Ministry of Commerce and Industry Department of Commerce Directorate General of Foreign Trade
Notification No. 22/2015-2020
New Delhi, Dated 12 August, 2016
S.O. - In exercise of powers conferred by Section 3 of the Foreign Trade (Development and Regulation) Act, 1992, the Central Government hereby amends Clause 3(1)(i)(h) of Foreign Trade (Exemption from application of Rules in certain cases) order, 1993 as under:
Effect of the notification: C.I.F. value of import of consumer electronic items at any one time by any person through post or otherwise for personal use is enhanced to Rs. 50,000.
(Anup Wadhawan)
Director General of Foreign Trade E-mail: dgft[at]nic[dot]in Issued from F. No. 01/93/180/16/AM-16/PC-2(B) | |||||
Friday, April 01, 2016
Foreign Trade Policy 2015-2020 Announcement on 1.4.2015
Foreign Trade Policy 2015-2020 Announcement on 1.4.2015
Speech of CIM
1. I am happy to release the Foreign Trade Policy for the period 2015-2020.
2. India is now significantly more integrated with the global economy than 15
years ago. Foreign trade today plays an important part in the Indian economy.
3. We must now aim higher. We want to make India a significant participant in
world trade by the year 2020. India must assume a position of leadership in the
international trade discourse.
4. The state of the external environment and new features of the global trading
landscape such as mega regional agreements and global value chains will
profoundly affect India’s trade.
5. But our biggest challenge is to address constraints within the country such as
infrastructure bottlenecks, high transaction costs, complex procedures, and
constraints in manufacturing. While the external factors are largely outside our
control, there is a lot we can do to strengthen our own capabilities and set our
house in order.
6. Government has taken a number of very important initiatives such as ‘Make in
India’, ‘Digital India’ and ‘Skills India’. The foreign trade policy is closely
integrated with these initiatives. The new Policy provides a framework for
increasing exports of goods and services as well as generation of employment
and increasing value addition in the country, in keeping with the ‘Make in India’
vision of Hon’ble Prime Minister. The focus of the new policy is to support both
the manufacturing and services sectors, with a special emphasis on improving
the ‘ease of doing business’.
7. Our objective is to provide a stable and sustainable policy environment for
foreign trade in both merchandise and services.
8. We aim to help various sectors of the Indian economy to gain global
competitiveness.
2
9. We want India to be known for its world class products. So we must focus on
quality and standards and produce zero defect products. ‘Brand India’ must be
synonymous with quality and reliability.
10. Foreign trade policy cannot be formulated or implemented in isolation of other
government economic policies or by any one department in isolation. Going
forward, a ‘whole-of-government’ approach will be required.
11. We have taken a major initiative to mainstream State and UT Governments and
various Departments and Ministries of the Government of India in the process
of international trade. The Department of Commerce is helping State
Governments to prepare export strategies. Many of the State Governments
have nominated Export Commissioners. Senior officials have been appointed
as designated focal points for exports and imports in several Central
Government departments.
12. This will bring in much needed coordination and policy coherence across the
Government and across the country.
13. Market diversification is a key aspect of the policy. In future when we enter into
various forms of trade agreements, we will look for promising markets and
sources of critical inputs. To our traditional markets in the developed world we
will focus on exporting products with a higher value addition, supplying high
quality inputs for the manufacturing sector in these markets and optimizing
applied customs duties on inputs for India’s manufacturing sector. This will
strengthen backward manufacturing linkages which are vital for India’s
participation in Global Value Chains.
14. In the ongoing Doha Round of trade negotiations, India will continue to work
towards fulfilling its objectives and to work with like-minded members to remove
any asymmetries in the multilateral trade rules which place a developing
country at a disadvantage. The current WTO rules as well as those under
negotiation envisage the eventual phasing out of export subsidies. This is a
pointer to the direction that export promotion efforts will have to take in future,
i.e. towards more fundamental systemic measures rather than incentives and
subsidies alone.
15. There is a need to ensure that our products and services are internationally
competitive. A roadmap has been developed on measures required to raise the
3
quality standards of the merchandise produced and enhance India’s capacity to
export to discerning markets.
16. In an increasingly competitive world, branding plays an indispensable role in
global positioning. Branding campaigns are being planned for promoting
exports from sectors such as services, pharmaceuticals, plantations and
engineering as well as of commodities and services in which India has
traditional strengths, such as handicrafts and yoga.
17. Specific measures will be taken to facilitate the entry of new entrepreneurs and
manufacturers in global trade through extensive training programmes.
18. We have based the FTP for 2015-2020 on certain principles, such as,
encouraging the export of labour intensive products, Agricultural products, high
tech products with high export earning potential and eco-friendly and green
products and work on focussed market diversification. Technology intensive
manufacturing will be supported. Other focus areas are defence, pharma,
environment friendly products, products meeting BIS standards and technical
textile related products.
19. Coming now to the specifics, FTP 2015-20 introduces two new schemes. The
‘Merchandise Exports from India Scheme’ (MEIS) is for export of specified
goods to specified markets. The ‘Services Exports from India Scheme’ (SEIS)
is for increasing exports of notified services. These replace multiple schemes
earlier in place, each with different conditions for eligibility and usage of scrips.
20. No conditionality will be attached to any scrips issued under these schemes.
Duty credit scrips issued under MEIS and SEIS, and the goods imported
against these scrips, are fully transferable.
21. The foreign trade policy supports ‘Make in India’ through measures to
encourage procurement of capital goods from indigenous manufacturers under
EPCG Scheme by reducing Export Obligation (EO) by 25%. This will promote
the domestic capital goods manufacturing industry and enable them to develop
their productive capacities for both local and global consumption. Further,
there is a higher level of rewards under the MEIS for export items with high
domestic content and value addition.
4
22. E-Commerce exports of employment creating sectors have been supported
under the `Merchandise exports from India Scheme’ through courier or foreign
post offices.
23. Special Economic Zones have been facing some challenges in recent times. In
order to boost exports from SEZs, government has now decided to extend
benefits of both the reward schemes (MEIS and SEIS) to units located in SEZs.
It is hoped that this measure will give a new impetus to the development and
growth of SEZs in the country.
24. Trade facilitation and enhancing the ease of doing business are the other major
focus areas in this new FTP. One of the major objectives of the FTP is to move
towards paperless working in a 24x7 environment.
25. The Services sector has emerged as a prominent sector in India in terms of its
contribution to national and State incomes, trade flows and FDI inflows. The
Department of Commerce is working on an ambitious reform agenda, which is
being pursued through an inter-ministerial mechanism. In addition, the
‘Services Exports from India Scheme’ (SEIS) is aimed at encouraging exports
of the notified services.
26. Through this policy we aim to enable India to respond to the challenges of the
external environment, keep in step with a rapidly evolving international trading
architecture and make trade a major contributor to the country’s economic
growth and development. The confluence of several favourable factors gives
India an unprecedented window of opportunity to set its house in order and
face the challenges thrown up by an ever changing global economic
environment.
27. I urge the Government and industry to work in tandem to deal with the
challenges and to respond to the tremendous opportunities before us.
28. On our part I assure you that we will have regular interactions with all
stakeholders, including State Governments to achieve our national objectives.
Thank you.
Wednesday, March 30, 2016
Anti-Dumping on Tyre Curing Presses also known as Tyre Vulcanisers or Rubber Processing Machineries for tyres, excluding Six Day Light Curing Press for curing bi-cycle tyres
[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II,
SECTION 3, SUB-SECTION (i)]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No. 11/2016-Customs (ADD)
New Delhi, the dated 29th March, 2016
G.S.R. (E). – Whereas, the designated authority, vide notification No. 15/22/2014-DGAD,
dated the 7th January, 2015, published in the Gazette of India, Extraordinary, Part I, Section
1, dated the 7th January, 2015, had initiated a review in the matter of continuation of antidumping
duty on imports of Tyre Curing Presses also known as Tyre Vulcanisers or Rubber
Processing Machineries for tyres, excluding Six Day Light Curing Press for curing bi-cycle
tyres (hereinafter referred to as the subject goods), originating in or exported from the
People’s Republic of China (hereinafter referred to as the subject country), imposed vide
notification of the Government of India, in the Ministry of Finance (Department of Revenue)
No. 01/2010-Customs as amended, dated the 8th January, 2010, published in the Gazette of
India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 21(E), dated the
8th January, 2010;
And whereas, the Central Government had extended the period of imposition of
anti-dumping duty on the subject goods, originating in or exported from the subject country,
upto and inclusive of the 7th January, 2016, vide notification of the Government of India, in
the Ministry of Finance (Department of Revenue) No.06/2015-Customs(ADD), dated the 3rd
March, 2015, published in Part II, Section 3, Sub-section (i) of the Gazette of India,
Extraordinary, vide number G.S.R 170(E), dated the 3rd March, 2015;
And whereas, in the matter of review of anti-dumping duty on import of the subject
goods, originating in or exported from the subject country, the designated authority in its
final findings published vide notification No. 15/22/2014-DGAD, dated the 5th January,
2016, in the Gazette of India, Extraordinary, Part I, Section 1, dated the 5th January, 2016 has
come to the conclusion that-
(a) the subject goods have been exported to India from the subject country below its
normal value;
(b) the domestic industry has suffered material injury;
(c) the material injury has been caused by the dumped imports of the subject goods from
subject country;
and has recommended imposition of the definitive anti-dumping duty on the subject goods,
originating in or exported from the subject country.
Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of
section 9A of the said Customs Tariff Act, read with rules 18 and 23 of the Customs Tariff
(Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and
for Determination of Injury) Rules, 1995, the Central Government, on the basis of the
aforesaid final findings of the designated authority, hereby imposes on the goods, the
description of which is specified in column (3) of the Table below, falling under tariff item of
the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in
column (2), the specification of which is specified in column (4), originating in the country as
specified in the corresponding entry in column (5) and produced by the producer as specified
in the corresponding entry in column (7), when exported from the country as specified in the
corresponding entry in column (6), by the exporter as specified in the corresponding entry in
column (8), and imported into India, an anti-dumping duty at the rate to be worked out as
percentage of the CIF value of imports of the subject goods as specified in the corresponding
entry in column (9) of the said Table.
Table
S.
No
Tarif
f
Item
Description
of goods
Specifi
cation
Country
of origin
Country
of
export
Produce
r
Exporte
r
% of
CIF
(1) (2) (3) (4) (5) (6) (7) (8) (9)
1 8477
51 00
Tyre curing
Presses
except Six
Day Light
Curing Press
for curing bicycle
tyres
All
sizes
upto
130”
People’s
Republic
of China
People’s
Republic
of China
Any Any 15
2 8477
51 00 -do- -doPeople’s
Republic
of China
Any Any Any 15
3 8477
51 00 -do- -do- Any
People’s
Republic
of China
Any Any 15
2. The anti-dumping duty imposed under this notification shall be effective for a period
of five years from the date of publication of this notification in the Official Gazette and shall
be paid in Indian currency.
Note.- For the purpose of this notification, “CIF value” means assessable value as determined
under section 14 of Customs Act, 1962 (52 of 1962).
[F. No.354/80/2009-TRU(Pt.-I)]
(K.Kalimuthu)
Under Secretary to the Government of India
SECTION 3, SUB-SECTION (i)]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No. 11/2016-Customs (ADD)
New Delhi, the dated 29th March, 2016
G.S.R. (E). – Whereas, the designated authority, vide notification No. 15/22/2014-DGAD,
dated the 7th January, 2015, published in the Gazette of India, Extraordinary, Part I, Section
1, dated the 7th January, 2015, had initiated a review in the matter of continuation of antidumping
duty on imports of Tyre Curing Presses also known as Tyre Vulcanisers or Rubber
Processing Machineries for tyres, excluding Six Day Light Curing Press for curing bi-cycle
tyres (hereinafter referred to as the subject goods), originating in or exported from the
People’s Republic of China (hereinafter referred to as the subject country), imposed vide
notification of the Government of India, in the Ministry of Finance (Department of Revenue)
No. 01/2010-Customs as amended, dated the 8th January, 2010, published in the Gazette of
India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 21(E), dated the
8th January, 2010;
And whereas, the Central Government had extended the period of imposition of
anti-dumping duty on the subject goods, originating in or exported from the subject country,
upto and inclusive of the 7th January, 2016, vide notification of the Government of India, in
the Ministry of Finance (Department of Revenue) No.06/2015-Customs(ADD), dated the 3rd
March, 2015, published in Part II, Section 3, Sub-section (i) of the Gazette of India,
Extraordinary, vide number G.S.R 170(E), dated the 3rd March, 2015;
And whereas, in the matter of review of anti-dumping duty on import of the subject
goods, originating in or exported from the subject country, the designated authority in its
final findings published vide notification No. 15/22/2014-DGAD, dated the 5th January,
2016, in the Gazette of India, Extraordinary, Part I, Section 1, dated the 5th January, 2016 has
come to the conclusion that-
(a) the subject goods have been exported to India from the subject country below its
normal value;
(b) the domestic industry has suffered material injury;
(c) the material injury has been caused by the dumped imports of the subject goods from
subject country;
and has recommended imposition of the definitive anti-dumping duty on the subject goods,
originating in or exported from the subject country.
Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of
section 9A of the said Customs Tariff Act, read with rules 18 and 23 of the Customs Tariff
(Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and
for Determination of Injury) Rules, 1995, the Central Government, on the basis of the
aforesaid final findings of the designated authority, hereby imposes on the goods, the
description of which is specified in column (3) of the Table below, falling under tariff item of
the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in
column (2), the specification of which is specified in column (4), originating in the country as
specified in the corresponding entry in column (5) and produced by the producer as specified
in the corresponding entry in column (7), when exported from the country as specified in the
corresponding entry in column (6), by the exporter as specified in the corresponding entry in
column (8), and imported into India, an anti-dumping duty at the rate to be worked out as
percentage of the CIF value of imports of the subject goods as specified in the corresponding
entry in column (9) of the said Table.
Table
S.
No
Tarif
f
Item
Description
of goods
Specifi
cation
Country
of origin
Country
of
export
Produce
r
Exporte
r
% of
CIF
(1) (2) (3) (4) (5) (6) (7) (8) (9)
1 8477
51 00
Tyre curing
Presses
except Six
Day Light
Curing Press
for curing bicycle
tyres
All
sizes
upto
130”
People’s
Republic
of China
People’s
Republic
of China
Any Any 15
2 8477
51 00 -do- -doPeople’s
Republic
of China
Any Any Any 15
3 8477
51 00 -do- -do- Any
People’s
Republic
of China
Any Any 15
2. The anti-dumping duty imposed under this notification shall be effective for a period
of five years from the date of publication of this notification in the Official Gazette and shall
be paid in Indian currency.
Note.- For the purpose of this notification, “CIF value” means assessable value as determined
under section 14 of Customs Act, 1962 (52 of 1962).
[F. No.354/80/2009-TRU(Pt.-I)]
(K.Kalimuthu)
Under Secretary to the Government of India
Tuesday, March 15, 2016
New Notification No 39/2016-Customs(N.T.)
[Notification No. 39/2016 - Customs (N.T), dated 15.03.2016] [http://cbec.gov.in/htdocs-cbec/customs/cs-act/notifications/notfns-2016/cs-nt2016/csnt39-2016] (From APUS Browser - small, fast and clean)
Thursday, March 10, 2016
Preventive Vigilance Action of scrutiny of Adjudication/ Appeal Orders
Directorate General of Vigilance
Customs & Central Excise
2nd & 3rd Floor, Hotel Samrat,
Kautilya Marg, Chanakya Puri, New Delhi-110021
F.No.V.500/39/2015 Dated /04/2015
To,
All Principal Chief Commissioners/ Chief Commissioners of Central Excise,
All Principal Chief Commissioners/ Chief Commissioners of Central Excise & Customs,
All Principal Chief Commissioners/ Chief Commissioners of Service Tax,
All Principal Chief Commissioners/ Chief Commissioner of Customs,
All Principal Chief Commissioners/ Chief Commissioners of Customs (Preventive),
All Principal Directors General/ Directors General/Principal Chief Commissioner (AR)
Sub: Preventive Vigilance Action of scrutiny of Adjudication/ Appeal Orders — clarification
regarding
Sir/ Madam,
Reference is invited to DG (Vigilance) letters F.No.V.500/100/2009-Pt.1 dated 24.02.2010
and 27.04.2010 regarding scrutiny of adjudication/appellate orders from vigilance angle as a
preventive vigilance action, in terms of which the review committees were advised to undertake
scrutiny of adjudication/appellate orders from vigilance angle as per the criteria laid down by the
Supreme Court in its decision in the case of K K Dhawan as noted in CVC Circular No. 39/11/07
dated 01.11.2007.
2. It need not be overemphasized that the adjudicating and appellate authorities are required
to pass fair, judicious and legally sustainable speaking orders which can withstand judicial scrutiny
at higher appellate fora. Apprehensions have, however, been raised that the above instructions
have created a 'fear of vigilance' amongst the field officers, due to which some of the adjudicating/
appellate authorities are resorting to confirmation of demands through non-speaking orders/
without following judicial discipline/ non consideration of pleas put forth by the parties, etc. merely
due to a fear of coming under vigilance scrutiny. Such unjust orders, besides attracting adverse
judicial scrutiny, cause harassment to the trade and undermine the efforts of the Department in
providing a non-adversarial tax regime to taxpayers.
2
3. The matter has been examined. It is noted that since 1997, only 18 adjudication orders have
been taken up for scrutiny by the Directorate General of Vigilance. This indicates that on an
average, only one case in a year i.e. 0.001% of the total quasi-judicial orders passed in the
department have been taken up for vigilance scrutiny. The fear of vigilance action against
adjudicating/ appellate authorities in respect of adjudication/ appeal orders, therefore, appears to
be totally unfounded and misplaced. With a view to remove any such misgiving/ 'fear of vigilance'
in adjudication/ appeal matters, further clarifications are being issued as under.
4. The instructions of this Directorate dated 24.02.2010 and 27.04.2010 regarding scrutiny of
adjudication/appellate orders from vigilance angle were issued based on a suggestion of CVC made
in 2009 after the vigilance audit of Customs & Central Excise Department, wherein CVC had
suggested that as a measure of preventive vigilance, adjudication orders involving a sum of Rs.50
lakh and above should be examined from the vigilance angle also. It was also informed that while
making any such scrutiny of adjudication/ appellate orders from vigilance angle, the criteria
referred in CVC's Circular 39/11/07 dated 01.11.2007 (copy enclosed) and as laid down by Hon'ble
Supreme Court in the case of Union of India and Others vs. KK Dhawan (copy enclosed) must be
kept in consideration for examining the lapses of officers exercising quasi-judicial powers to see
whether any of the said criteria was attracted or not. For reference, the criteria prescribed by the
Hon'ble Supreme Court are reproduced below:
• Where the officer had acted in a manner as would reflect on his reputation for integrity or
good faith or devotion to duty
• If there is prima facie material to show recklessness or misconduct in the discharge of his
duty
• If he has acted in a manner which is unbecoming of a government servant
• If he had acted negligently or that he omitted the prescribed conditions which are essential
for the exercise of the statutory powers
• If he had acted in order to unduly favour a party
• If he had been actuated by corrupt motive however, small the bribe may be because Lord
Coke said long ago "though the bribe may be small, yet the fault is great"
3
5. Adjudication and Appellate Orders are examined by Review Committees of Chief
Commissioners or Commissioners comprehensively, including from the angle of legality and
propriety, with a view to take a decision whether the orders are acceptable or to be appealed
against in higher appellate fora. Examination of orders from vigilance angle is also a part of this
exercise. It is, however, clarified that an adjudication/ apellate order is not required to be referred
by the Review Committee for further vigilance scrutiny merely on the ground of it being an antirevenue
order or having some legal infirmities (for which review and appellate remedy is available),
unless there are genuine reasons to doubt the bonafides of the decision or where the order shows
a conspicuous violation of the procedures involved or recklessness, etc., as per the above criteria
laid by Hon'ble Supreme Court in the KK Dhawan's judgment and as circulated by CVC in Circular
No.39/11/07 dated 01.11.2007.
6. It is expected that senior officers in the field, given their vast experience, would be able to
distinguish between the orders warranting scrutiny from vigilance angle and those which do not.
This issues with the approval of Chairman, CBEC.
sd/-
(Vanaja Sarna)
Director General (Vigilance)
Encl:
1. Hon'ble Supreme Court decision in the case of Union of India and Others vs. KK Dhawan.
2. CVC Circular No.39/11/07 dated 01.11.2007
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