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Monday, February 29, 2016

#Budget2016 MOVING TOWARDS A PENSIONED SOCIETY

MOVING TOWARDS A PENSIONED SOCIETY

 Withdrawal up to 40% of the corpus at the time of retirement to be tax
exempt in the case of National Pension Scheme (NPS).

 Annuity fund which goes to legal heir will not be taxable.

 In case of superannuation funds and recognized provident funds,including EPF, the same norm of 40% of corpus to be tax free will apply in respect of corpus created out of contributions made on or from 1.4.2016.

  Limit for contribution of employer in recognized Provident and Superannuation Fund of ` 1.5 lakh per annum for taking tax benefit. Exemption from service tax for Annuity services provided by NPS and Services provided by EPFO to employees.

 Reduce service tax on Single premium Annuity (Insurance) Policies from 3.5% to 1.4% of the premium paid in certain cases.

#ServiceTax on Services provided by #IndianShippingLines

#ServiceTax  on Services provided by #IndianShippingLines by way of transportation of
goods by a vessel to outside India being zero rated with effect from 1st March, 2016 and Input tax credit is allowed  ;
 and
b) Service tax  @ 14% on services provided by them by way of transportation of goods by a vessel from outside India up to the customs station in India being imposed, with effect from 1st June, 2016.



Change in Excise duty on Articles of Jewellery

Excise duty exemption on Articles of#Jewellery [excluding silver jewellery,
other than studded with diamonds or other precious stones namely, ruby, emerald
and sapphire] being withdrawn with a higher threshold exemption upto Rs 6 crore
in a year and eligibility limit of Rs 12 crore, along with simplified compliance
procedure.

Now , it is proposed:1% (without Input Tax Credit)

                           or

                        12.5%  (Input Tax Credit)

#Budget2016 Corporate Tax rate proposals

 Corporate Tax rate proposals:

  New manufacturing companies incorporated on or after 1.3.2016 to be given an option to be taxed at 25% + surcharge and cess provided they do not claim profit linked or investment linked
deductions and do not avail of investment allowance and accelerated depreciation.

 Lower the corporate tax rate for the next financial year for relatively small enterprises i.e companies with turnover not exceeding `Rs 5 crore (in the financial year ending March 2015), to
29% plus surcharge and cess.

  100% deduction of profits for 3 out of 5 years for startups setup during April, 2016 to March, 2019. MAT will apply in such cases.

  10% rate of tax on income from worldwide exploitation of patents developed and registered in India by a resident.

 Complete pass through of income-tax to securitization trusts including trusts of ARCs. Securitisation trusts required to deduct tax at source.

  Period for getting benefit of long term capital gain regime in case of unlisted companies is proposed to be reduced from three to two years.

  Non-banking financial companies shall be eligible for deduction to the extent of 5% of its income in respect of provision for bad and doubtful debts.

 Determination of residency of foreign company on the basis of Place of
Effective Management (POEM) is proposed to be deferred by one year.

  Commitment to implement General Anti Avoidance Rules (GAAR) from 1.4.2017.

Key Features of Budget 2016-2017

Key Features of Budget 2016-2017
INTRODUCTION
Growth of Economy accelerated to 7.6% in 2015-16.
India hailed as a ‘bright spot’ amidst a slowing global economy by IMF.
Robust growth achieved despite very unfavorable global conditions and two consecutive years shortfall in monsoon by 13%.
Foreign exchange reserves touched highest ever level of about 350 billion US dollars.
Despite increased devolution to States by 55% as a result of the 14th Finance Commission award, plan expenditure increased at RE stage in 2015-16 – in contrast to earlier years.

CHALLENGES IN 2016-17
Risks of further global slowdown and turbulence.
Additional fiscal burden due to 7th Central Pay Commission recommendations and OROP.

ROADMAP & PRIORITIES
Transform India' to have a significant impact on economy and lives of people.
Government to focus on –
ensuring macro-economic stability and prudent fiscal management.
boosting on domestic demand
continuing with the pace of economic reforms and policy initiatives to change the lives of our people for the better.
Focus on enhancing expenditure in priority areas of - farm and rural sector, social sector, infrastructure sector employment generation and recapitalization of the banks.
Focus on Vulnerable sections through:
Pradhan Mantri Fasal Bima Yojana.
New health insurance scheme to protect against hospitalization expenditure
facility of cooking gas connection for BPL families.
Continue with the ongoing reform programme and ensure passage of the Goods and Service Tax bill and Insolvency and Bankruptcy law
Undertake important reforms by:
giving a statutory backing to AADHAR platform to ensure benefits  reach the deserving.
freeing the transport sector from constraints and restrictions
incentivizing gas discovery and exploration by providing calibrated marketing freedom
enactment of a comprehensive law to deal with resolution of financial firms
provide legal framework for dispute resolution and re-negotiations in PPP projects and public utility contracts
undertake important banking sector reforms and public listing of general insurance companies undertake significant changes in FDI policy.

AGRICULTURE AND FARMERS’ WELFARE
Allocation for Agriculture and Farmers’ welfare is ` 35,984 crore
‘Pradhan Mantri Krishi Sinchai Yojana’ to be implemented in mission mode. 28.5 lakh hectares will be brought under irrigation.
Implementation of 89 irrigation projects under AIBP, which are languishing for a long time, will be fast tracked
A dedicated Long Term Irrigation Fund will be created in NABARD with an initial corpus of about ` 20,000 crore
Programme for sustainable management of ground water resources with an estimated cost of ` 6,000 crore will be implemented through multilateral funding
5 lakh farm ponds and dug wells in rain fed areas and 10 lakh compost pits for production of organic manure will be taken up under MGNREGA
Soil Health Card scheme will cover all 14 crore farm holdings by March 2017.
2,000 model retail outlets of Fertilizer companies will be provided with soil and seed testing facilities during the next three years
Promote organic farming through ‘Parmparagat Krishi Vikas Yojana’ and 'Organic Value Chain Development in North East Region'.
Unified Agricultural Marketing ePlatform to provide a common e- market platform for wholesale markets
Allocation under Pradhan Mantri Gram Sadak Yojana increased to `19,000 crore. Will connect remaining 65,000 eligible habitations by 2019.
To reduce the burden of loan repayment on farmers, a provision of ` 15,000 crore has been made in the BE 2016-17 towards interest subvention
Allocation under Prime Minister Fasal Bima Yojana ` 5,500 crore.  ` 850 crore for four dairying projects - ‘Pashudhan Sanjivani’, ‘Nakul Swasthya Patra’, ‘E-Pashudhan Haat’ and National Genomic Centre for indigenous breeds

RURAL SECTOR
Allocation for rural sector - ` 87,765 crore.
` 2.87 lakh crore will be given as Grant in Aid to Gram Panchayats and Municipalities as per the recommendations of the 14th Finance Commission
Every block under drought and rural distress will be taken up as an intensive Block under the Deen Dayal Antyodaya Mission
A sum of ` 38,500 crore allocated for MGNREGS.
300 Rurban Clusters will be developed under the Shyama Prasad Mukherjee Rurban Mission
100% village electrification by 1st May, 2018.
District Level Committees under Chairmanship of senior most Lok Sabha MP from the district for monitoring and implementation of designated Central Sector and Centrally Sponsored Schemes.
Priority allocation from Centrally Sponsored Schemes to be made to reward villages that have become free from open defecation.
A new Digital Literacy Mission Scheme for rural India to cover around 6 crore additional household within the next 3 years.
National Land Record Modernisation Programme has been revamped.
New scheme Rashtriya Gram Swaraj Abhiyan proposed with allocation of ` 655 crore.

SOCIAL SECTOR INCLUDING HEALTH CARE
Allocation for social sector including education and health care – `1,51,581 crore.
` 2,000 crore allocated for initial cost of providing LPG connections to BPL families.
New health protection scheme will provide health cover up to ` One lakh per family. For senior citizens an additional top-up package up to `30,000 will be provided.
3,000 Stores under Prime Minister’s Jan Aushadhi Yojana will be opened during 2016-17.
‘National Dialysis Services Programme’ to be started under National Health Mission through PPP mode
“Stand Up India Scheme” to facilitate at least two projects per bank branch. This will benefit at least 2.5 lakh entrepreneurs.
National Scheduled Caste and Scheduled Tribe Hub to be set up in partnership with industry associations
Allocation of ` 100 crore each for celebrating the Birth Centenary of Pandit Deen Dayal Upadhyay and the 350th Birth Anniversary of Guru Gobind Singh.

EDUCATION, SKILLS AND JOB CREATION
62 new Navodaya Vidyalayas will be opened
Sarva Shiksha Abhiyan to increasing focus on quality of education
Regulatory architecture to be provided to ten public and ten private institutions to emerge as world-class Teaching and Research Institutions
Higher Education Financing Agency to be set-up with initial capital base of ` 1000 Crores
Digital Depository for School Leaving Certificates, College Degrees, Academic Awards and Mark sheets to be set-up.

SKILL DEVELOPMENT
Allocation for skill development – ` 1804. crore.
1500 Multi Skill Training Institutes to be set-up.
National Board for Skill Development Certification to be setup in partnership with the industry and academia
Entrepreneurship Education and Training through Massive Open Online Courses




JOB CREATION
GoI will pay contribution of 8.33% for of all new employees enrolling in EPFO for the first three years of their employment. Budget provision of ` 1000 crore for this scheme.
Deduction under Section 80JJAA of the Income Tax Act will be available to all assesses who are subject to statutory audit under the Act
100 Model Career Centres to operational by the end of 2016-17 under National Career Service.
Model Shops and Establishments Bill to be circulated to States.

INFRASTRUCTURE AND INVESTMENT
Total investment in the road sector, including PMGSY allocation, would be ` 97,000 crore during 2016-17.
India’s highest ever kilometres of new highways were awarded in 2015. To approve nearly 10,000 kms of National Highways in 2016-17.
Allocation of ` 55,000 crore in the Budget for Roads. Additional `15,000 crore to be raised by NHAI through bonds.
Total outlay for infrastructure - ` 2,21,246 crore.
Amendments to be made in Motor Vehicles Act to open up the road transport sector in the passenger segment
Action plan for revival of unserved and underserved airports to be drawn up in partnership with State Governments.
To provide calibrated marketing freedom in order to incentivise gas production from deep-water, ultra deep-water and high pressure-high temperature areas
Comprehensive plan, spanning next 15 to 20 years, to augment the investment in nuclear power generation to be drawn up.
Steps to re-vitalise PPPs:
Public Utility (Resolution of Disputes) Bill will be introduced during 2016-17
Guidelines for renegotiation of PPP Concession Agreements will be issued
New credit rating system for infrastructure projects to be introduced
Reforms in FDI policy in the areas of Insurance and Pension, Asset Reconstruction Companies, Stock Exchanges.
100% FDI to be allowed through FIPB route in marketing of food products produced and manufactured in India.
A new policy for management of Government investment in Public Sector Enterprises, including disinvestment and strategic sale, approved.

FINANCIAL SECTOR REFORMS
A comprehensive Code on Resolution of Financial Firms to be introduced.
Statutory basis for a Monetary Policy framework and a Monetary Policy Committee through the Finance Bill 2016.
A Financial Data Management Centre to be set up.
RBI to facilitate retail participation in Government securities.
New derivative products will be developed by SEBI in the Commodity Derivatives market.
Amendments in the SARFAESI Act 2002 to enable the sponsor of an ARC to hold up to 100% stake in the ARC and permit non institutional investors to invest in Securitization Receipts.
Comprehensive Central Legislation to be bought to deal with the menace of illicit deposit taking schemes.
Increasing members and benches of the Securities Appellate Tribunal.
Allocation of ` 25,000 crore towards recapitalisation of Public Sector Banks.
Target of amount sanctioned under Pradhan Mantri Mudra Yojana increased to ` 1,80,000 crore.
General Insurance Companies owned by the Government to be listed in the stock exchanges.

GOVERNANCE AND EASE OF DOING BUSINESS
A Task Force has been constituted for rationalization of human resources in various Ministries.
Comprehensive review and rationalisation of Autonomous Bodies.
Bill for Targeted Delivery of Financial and Other Subsidies, Benefits and Services by using the Aadhar framework to be introduced.
Introduce DBT on pilot basis for fertilizer.
Automation facilities will be provided in 3 lakh fair price shops by March 2017.
Amendments in Companies Act to improve enabling environment for start-ups.
Price Stabilisation Fund with a corpus of ` 900 crore to help maintain stable prices of Pulses.
“Ek Bharat Shreshtha Bharat” programme will be launched to link States and Districts in an annual programme that connects people through exchanges in areas of language, trade, culture, travel and tourism.

FISCAL DISCIPLINE
Fiscal deficit in RE 2015-16 and BE 2016-17 retained at 3.9% and 3.5%.  Revenue Deficit target from 2.8% to 2.5% in RE 2015-16
Total expenditure projected at ` 19.78 lakh crore
Plan expenditure pegged at ` 5.50 lakh crore under Plan, increase of 15.3%
Non-Plan expenditure kept at ` 14.28 lakh crores
Special emphasis to sectors such as agriculture, irrigation, social sector including health, women and child development, welfare of Scheduled Castes and Scheduled Tribes, minorities, infrastructure.
Mobilization of additional finances to the extent of ` 31,300 crore by NHAI, PFC, REC, IREDA, NABARD and Inland Water Authority by raising Bonds.
Plan / Non-Plan classification to be done away with from 2017-18.
Every new scheme sanctioned will have a sunset date and outcome review.
Rationalized and restructured more than 1500 Central Plan Schemes into about 300 Central Sector and 30 Centrally Sponsored Schemes.
Committee to review the implementation of the FRBM Act.

RELIEF TO SMALL TAX PAYERS
Raise the ceiling of tax rebate under section 87A from `2000 to `5000 to lessen tax burden on individuals with income upto `5 laks.
Increase the limit of deduction of rent paid under section 80GG from `24000 per annum to `60000, to provide relief to those who live in rented houses.


BOOST EMPLOYMENT AND GROWTH
Increase the turnover limit under Presumptive taxation scheme under section 44AD of the Income Tax Act to ` 2 crores to bring big relief to a large number of assessees in the MSME category.
Extend the presumptive taxation scheme with profit deemed to be 50%, to professionals with gross receipts up to `50 lakh.
Phasing out deduction under Income Tax:
Accelerated depreciation wherever provided in IT Act will be limited to maximum 40% from 1.4.2017
Benefit of deductions for Research would be limited to 150% from 1.4.2017 and 100% from 1.4.2020
Benefit of section 10AA to new SEZ units will be available to those units which commence activity before 31.3.2020.
The weighted deduction under section 35CCD for skill development will continue up to 1.4.2020
Corporate Tax rate proposals:
New manufacturing companies incorporated on or after 1.3.2016 to be given an option to be taxed at 25% + surcharge and cess provided they do not claim profit linked or investment linked deductions and do not avail of investment allowance and accelerated depreciation.
Lower the corporate tax rate for the next financial year for relatively small enterprises i.e companies with turnover not exceeding ` 5 crore (in the financial year ending March 2015), to 29% plus surcharge and cess.
100% deduction of profits for 3 out of 5 years for startups setup during April, 2016 to March, 2019. MAT will apply in such cases.
10% rate of tax on income from worldwide exploitation of patents developed and registered in India by a resident.
Complete pass through of income-tax to securitization trusts including trusts of ARCs. Securitization trusts required to deduct tax at source.
Period for getting benefit of long term capital gain regime in case of unlisted companies is proposed to be reduced from three to two years.
Non-banking financial companies shall be eligible for deduction to the extent of 5% of its income in respect of provision for bad and doubtful debts.
Determination of residency of foreign company on the basis of Place of Effective Management (POEM) is proposed to be deferred by one year.
Commitment to implement General Anti Avoidance Rules (GAAR) from 1.4.2017.
Exemption of service tax on services provided under Deen Dayal Upadhyay Grameen Kaushalya Yojana and services provided by Assessing Bodies empanelled by Ministry of Skill Development & Entrepreneurship.
Exemption of Service tax on general insurance services provided under ‘Niramaya’ Health Insurance Scheme launched by National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disability.
Basic custom and excise duty on refrigerated containers reduced to 5% and 6%.

MAKE IN INDIA
Changes in customs and excise duty rates on certain inputs to reduce costs and improve competitiveness of domestic industry in sectors like Information technology hardware, capital goods, defence production, textiles, mineral fuels & mineral oils, chemicals & petrochemicals, paper, paperboard & newsprint, Maintenance repair and overhauling [MRO] of aircrafts and ship repair.

MOVING TOWARDS A PENSIONED SOCIETY
Withdrawal up to 40% of the corpus at the time of retirement to be tax exempt in the case of National Pension Scheme (NPS). Annuity fund which goes to legal heir will not be taxable.
In case of superannuation funds and recognized provident funds, including EPF, the same norm of 40% of corpus to be tax free will apply in respect of corpus created out of contributions made on or from 1.4.2016.
Limit for contribution of employer in recognized Provident and Superannuation Fund of ` 1.5 lakh per annum for taking tax benefit. Exemption from service tax for Annuity services provided by NPS and Services provided by EPFO to employees.
Reduce service tax on Single premium Annuity (Insurance) Policies from 3.5% to 1.4% of the premium paid in certain cases.

PROMOTING AFFORDABLE HOUSING
100% deduction for profits to an undertaking in housing project for flats upto 30 sq. metres in four metro cities and 60 sq. metres in other cities, approved during June 2016 to March 2019 and completed in three years. MAT to apply.
Deduction for additional interest of `50,000 per annum for loans up to `35 lakh sanctioned in 2016-17 for first time home buyers, where house cost does not exceed ` 50 lakh.
Distribution made out of income of SPV to the REITs and INVITs having specified shareholding will not be subjected to Dividend Distribution Tax, in respect of dividend distributed after the specified date.
Exemption from service tax on construction of affordable houses up to 60 square metres under any scheme of the Central or State Government including PPP Schemes.
Extend excise duty exemption, presently available to Concrete Mix manufactured at site for use in construction work to Ready Mix Concrete.

RESOURCE MOBILIZATION FOR AGRICULTURE, RURAL ECONOMY AND CLEAN ENVIRONMENT
Additional tax at the rate of 10% of gross amount of dividend will be payable by the recipients receiving dividend in excess of ` 10 lakh per annum.
Surcharge to be raised from 12% to 15% on persons, other than companies, firms and cooperative societies having income above ` 1 crore.
Tax to be deducted at source at the rate of 1 % on purchase of luxury cars exceeding value of ` ten lakh and purchase of goods and services in cash exceeding ` two lakh.
Securities Transaction tax in case of ‘Options’ is proposed to be increased from .017% to .05%.
Equalization levy of 6% of gross amount for payment made to non- residents exceeding ` 1 lakh a year in case of B2B transactions.
Krishi Kalyan Cess, @ 0.5% on all taxable services, w.e.f. 1 June 2016. Proceeds would be exclusively used for financing initiatives for improvement of agriculture and welfare of farmers. Input tax credit of this cess will be available for payment of this cess.
Infrastructure cess, of 1% on small petrol, LPG, CNG cars, 2.5% on diesel cars of certain capacity and 4% on other higher engine capacity vehicles and SUVs. No credit of this cess will be available nor credit of any other tax or duty be utilized for paying this cess.
Excise duty of ‘1% without input tax credit or 12.5% with input tax credit’ on articles of jewellery [excluding silver jewellery, other than studded with diamonds and some other precious stones], with a higher exemption and eligibility limits of ` 6 crores and ` 12 crores respectively.
Excise on readymade garments with retail price of ` 1000 or more raised to 2% without input tax credit or 12.5% with input tax credit.
‘Clean Energy Cess’ levied on coal, lignite and peat renamed to ‘Clean Environment Cess’ and rate increased from `200 per tonne to `400 per tonne.
Excise duties on various tobacco products other than beedi raised by about 10 to 15%.
Assignment of right to use the spectrum and its transfers has been deducted as a service leviable to service tax and not sale of intangible goods.

PROVIDING CERTAINITY IN TAXATION
Committed to providing a stable and predictable taxation regime and reduce black money.
Domestic taxpayers can declare undisclosed income or such income represented in the form of any asset by paying tax at 30%, and surcharge at 7.5% and penalty at 7.5%, which is a total of 45% of the undisclosed income. Declarants will have immunity from prosecution.
Surcharge levied at 7.5% of undisclosed income will be called Krishi Kalyan surcharge to be used for agriculture and rural economy.
New Dispute Resolution Scheme to be introduced. No penalty in respect of cases with disputed tax up to ` 10 lakh. Cases with disputed tax exceeding ` 10 lakh to be subjected to 25% of the minimum of the imposable penalty. Any pending appeal against a penalty order can also be settled by paying 25% of the minimum of the imposable penalty and tax interest on quantum addition.
High Level Committee chaired by Revenue Secretary to oversee fresh cases where assessing officer applies the retrospective amendment.
One-time scheme of Dispute Resolution for ongoing cases under retrospective amendment.
Penalty rates to be 50% of tax in case of underreporting of income and 200% of tax where there is misreporting of facts.
Disallowance will be limited to 1% of the average monthly value of investments yielding exempt income, but not exceeding the actual expenditure claimed under rule 8D of Section 14A of Income Tax Act.
Time limit of one year for disposing petitions of the tax payers seeking waiver of interest and penalty.
Mandatory for the assessing officer to grant stay of demand once the assesse pays 15% of the disputed demand, while the appeal is pending before Commissioner of Income-tax (Appeals).
Monetary limit for deciding an appeal by a single member Bench of ITAT enhanced from ` 15 lakhs to ` 50 lakhs.
11 new benches of Customs, Excise and Service Tax Appellate Tribunal (CESTAT).

SIMPLIFICATION AND RATIONALIZATION OF TAXES
13 cesses, levied by various Ministries in which revenue collection is less than ` 50 crore in a year to be abolished.
For non-residents providing alternative documents to PAN card, higher TDS not to apply.
Revision of return extended to Central Excise assesses.
Additional options to banking companies and financial institutions, including NBFCs, for reversal of input tax credits with respect to non- taxable services.
Customs Act to provide for deferred payment of customs duties for importers and exporters with proven track record.
Customs Single Window Project to be implemented at major ports and airports starting from beginning of next financial year.
Increase in free baggage allowance for international passengers. Filing of baggage only for those carrying dutiable goods.

TECHNOLOGY FOR ACCOUNTABILITY
Expansion in the scope of e-assessments to all assessees in 7 mega cities in the coming years.
Interest at the rate of 9% p.a against normal rate of 6% p.a for delay in giving effect to Appellate order beyond ninety days.
‘e-Sahyog’ to be expanded to reduce compliance cost, especially for small taxpayers.


Change in Basic Customs Duty (BCD) in this Budget (2016-17)

Change in Basic Customs Duty (BCD) in this Budget (2016-17)

1.Basic custom duty on refrigerated containers reduced to 5%

2. Braille paper to attract Nil basic customs duty.

3 Concessional 5% Basic Customs Duty ,under project imports, being extended for ‘cold chain including pre-cooling unit, pack houses, sorting and grading lines and ripening chambers’.

4. Basic customs duty on wood in chips or particles for manufacture of paper, paperboard and news print being reduced to NIL.

5. BCD on Plans, drawings and designs being increased to 10 %.

6. Basic Customs Duty on specified fibres and yarns being reduced to  2.5%

7.  Basic customs duty on import of specified fabrics [for manufacture of textile garments for export] of value equivalent to 1% of FOB value of exports in the preceding financial year being exempted subject to the specified conditions to NIL  rate.

8. BCD on polypropylene granules / resins for the manufacture of capacitor grade plastic films being reduced to NIL rate.

9. BCD on E-Readers being increased to 7.5%.

10. BCD on parts of E-readers being reduced to 5%.

11. Nil Basic Customs Duty being extended on magnetron of capacity of 1 KW to 1.5 KW for use in manufacture of domestic microwave ovens, subject to actual user condition.

12. Machinery, electrical equipment, instrument and parts thereof (except populated PCBs) for semiconductor wafer fabrication/LCD fabrication units being exempted and BCD is NIL rate.

13. Machinery, electrical equipment, instrument and parts thereof (except populated PCBs) imported for Assembly, Test, Marking and Packaging of semiconductor chips (ATMP) being exempted and BCD is NIL rate.

14. The exemption from basic customs duty, CV duty, SAD on charger/adapter, battery and wired headsets/speakers for manufacture of mobile phone being withdrawn. Now it is proposed :-

        Applicable BCD   , CVD – 12.5%   ,SAD – 4%.

 

15. Inputs, parts and components, subparts for manufacture of charger / adapter, battery and wired headsets /speakers, of mobile phone, subject to actual user condition being exempted.

 Now it is proposed :  BCD-NIL  , CVD – NIL   ,SAD –NIL.

16. Parts and components, subparts for manufacture of Routers, broadband Modems, Set-top boxes for gaining access to internet, set top boxes for TV, digital video recorder (DVR)/network video recorder (NVR), CCTV camera/IP camera, lithium ion battery [other than those for mobile handsets] being exempted.

Now it is proposed :-   BCD-NIL  , CVD – NIL   ,SAD –NIL.

17. Basic Customs Duty exemption on Magnetic - Heads (all types), Ceramic/ Magnetic cartridges and stylus, Antennas, EHT cables, Level meters/level indicators/ tuning indicators/ peak level meters/ battery meter/VC meters/Tape counters, Tone arms, Electron guns being withdrawn.

Now it is proposed :-   BCD-As Applicable.

18. Specified telecommunication equipment [Soft switches and Voice over Internet Protocol (VoIP) equipment namely VoIP phones, media gateways, gateway Product/Switch (POTP/POTS), Optical controllers and session border controllers, Optical Transport equipment; combination of one / more of Packet Optical Transport Network(OTN) products, and IP Radios, Carrier Ethernet Switch, Packet Transport Node (PTN) products, Multiprotocol Label Switching- Transport Profile (MPLS-TP) products, Multiple Input / Multiple Output (MIMO) and Long Term Evolution (LTE) Products on which 10% BCD was imposed in 2014-15 Budget] being excluded from the purview of the other exemption also.

Now it is proposed :-   BCD @ 10%.

 

19. Basic Customs Duty exemption on preform of silica for manufacture of telecom grade optical fibre /cables being withdrawn.

Now it is proposed :-   BCD @ 10%.

20. Basic Customs Duty on specified capital goods and inputs for use in manufacture of Micro fuses, Sub-miniature fuses, Resettable fuses and Thermal fuses being exempted.

Now it is proposed :-   BCD-NIL 

21. Concessional Basic Customs Duty on Neodymium Magnet (before Magnetization) and Magnet Resin (Strontium Ferrite compound/before formed, before magnetization) for manufacture of BLDC motors, being prescribed subject to actual user condition.

 Now it is proposed :-   BCD-2.5%

22. BCD on Silica sand being reduced is reduced to  2.5%.

23. Basic Customs Duty on brass scrap being reduced is to 2.5%

 

24. BCD on Golf cars being increased to 60%.

25. Nil BCD and 6% excise/CVD being extended on parts of electric vehicles and hybrid vehicles, presently.

26. BCD on aluminium Oxide for manufacture of Wash Coats, which are used in the manufacture of catalytic converters, being reduced to  5% ,subject to actual user condition.

27. Description of “Engine for HV (Atkinson cycle)” to “Engine for xEV (hybrid electric vehicle)” for the purposes of   Nil Basic Customs Duty and 6% CVD being changed.

28. Description of “Engine for HV (Atkinson cycle)” to “Engine for xEV(hybrid electric vehicle)” being changed for the purposes of concessional 6% excise duty.

 

29. CVD exemption on specified machinery required for construction of roads being withdrawn. Now CVD is 12.5%

30.. Excise duty on carbon pultrusions used for manufacture of rotor blades, and intermediates, parts and sub-parts of rotor blades for wind operated electricity generators being reduced to 6%.

31.Excise duty on Unsaturated Polyester Resin (polyester based infusion resin and hand layup resin), Hardeners/Hardener for adhesive resin, Vinyl Easter Adhesive (VEA) and Epoxy Resin used for manufacture of rotor blades, and intermediates, parts and sub-parts of rotor blades for wind operated electricity generators being increased to 6 %.

 

 

 

 

 

 

 

 



Change in Excise Duty in this budget ( 2016-2017)


1.Exempt certain parts of dialysis equipment from excise/CVD

2. Refrigerated containers reduce   excise duty to  6%.

3. Excise duty of ‘1% without input tax credit or 12.5% with input tax credit’ on articles of jewellery [excluding silver jewellery, other than studded with diamonds and some other precious stones], with a higher exemption and eligibility limits of ` 6 crores and ` 12 crores respectively.

4. Excise on readymade garments with retail price of  Rs 1000 or more raised to 2% without input tax credit or 12.5% with input tax credit.

5. Excise duties on various tobacco products other than beedi raised by about 10 to 15%.


6. Extended excise duty exemption, presently available to Concrete Mix manufactured at site for use in construction work at such site to Ready Mix Concrete.

Thursday, February 25, 2016

Highlights of the Railway Budget 2016-17


Highlights of the Railway Budget 2016-17

Theme of the Budget

 Overcoming challenges – Reorganize, Restructure Rejuvenate Indian Railways:
‘Chalo, Milkar Kuch Naya Karen’
 Three pillars of the strategy i.e. Nav Arjan – New revenues, Nav Manak – New
norms, Nav Sanrachna – New Structures.


Financial Performance

 2015-16- Savings of Rs. 8,720 crore neutralizing most of the revenue shortfall,
expected OR 90%;
 2016-17- Targeted Operating Ratio (OR) - 92%, restrict growth of Ordinary Working
Expenses by 11.6% after building in immediate impact of 7th PC, reductions planned
in diesel and electricity consumption, Revenue generation targeted at Rs. 1,84,820
crore.
Investments and Resources

 Process bottlenecks overhauled including delegation of powers to functional levels;
average capital expenditure over 2009-14 is Rs. 48,100 crore, average growth of 8%
per annum.
 2015-16 investment would be close to double of the average of previous 5 years.
 2016-17 CAPEX pegged at Rs. 1.21 lakh crore; implementation through joint
ventures with states, developing new frameworks for PPP, etc.

Vision

 By 2020, long-felt desires of the common man to be fulfilled i.e, reserved
accommodation on trains available on demand, time tabled freight trains, high end
technology to improve safety record, elimination of all unmanned level crossings,
improved punctuality, higher average speed of freight trains, semi high speed trains
running along the golden quadrilateral, zero direct discharge of human waste.
2015-16-Achievements
 Action initiated on 139 budget announcements of 2015-16.

Project execution

 2015-16 - assured funding through LIC; commissioning of 2,500 kms Broad Gauge
lines; commissioning of 1,600 kms of electrification, highest ever. In 2016-17 -
targeted commissioning 2,800 kms of track; commissioning Broad Gauge lines @
over 7 kms per day against an average of about 4.3 kms per day in the last 6 years.
Would increase to about 13 kms per day in 2017-18 and 19 kms per day in 2018-19;
will generate employment of about 9 crore man days in 2017-18 and 14 crore man
days in 2018-19. Outlay for railway electrification increased in 2016-17 by almost
50%; target to electrify 2,000 kms.

Dedicated Freight Corridor

 Almost all contracts for civil engineering works to be awarded by March 31st 2016;
Rs. 24,000 crore contracts awarded since November 2014 as against Rs. 13,000 crore
contracts awarded in last 6 years; propose to take up North-South, East-West & East
Coast freight corridors through innovative financing including PPP.



Port connectivity

 Tuna Port commissioned and rail connectivity projects to ports of Jaigarh, Dighi,
Rewas and Paradip under implementation; implementation of rail connectivity for the
ports of Nargol and Hazira under PPP in 2016-17.

North East
 BG Lumding-Silchar section in Assam opened thus connecting Barak Valley with rest
of the country; Agartala brought on to the BG network. States of Mizoram and
Manipur shortly to come on BG map of the country with commissioning of the
Kathakal-Bhairabi and Arunachal-Jiribam Gauge Conversion projects.
Jammu and Kashmir
 Work on Katra-Banihal section of Udhampur-Srinagar-Baramulla Rail Link Project
progressing satisfactorily- 35 kms of tunnelling out of total of 95 kms completed;
Decongestion work on Jalandhar - Jammu line in full swing and doubling of two
bridges to be commissioned by March 2016, while the other two bridges will be
completed by 2016-17.
Make in India: Finalised bids for two loco factories; proposed to increase the current
procurement of train sets by 30%.

Capacity Building for the future through:
 Transparency – initiated recruitments online in 2015-16, process now being
replicated for all positions, social media being used as a tool to bring in transparency,
all procurement including procurement of works moved to the e-platform, completed
trial of process leading to award of tender electronically and to be rolled out on a PanIndia
basis in 2016-17.
 Governance - delegation led to compression of project sanction time to 6-8 months
from 2 years earlier, key result areas identified to judge performance of GMs and
DRMs, performance related MOUs signed with few Zones, to be replicated for all
zones.
 Internal audit measures - specialised teams mandated to screen railway operations
in specific areas to detect inefficiencies and prevent wastages, every zone preparing 2
reports by March 31, 2016.
 Partnerships – Cabinet approval for JVs with State Governments, 17 consented and
6 MOUs signed with State Governments. 44 new partnership works covering about
5,300 kms and valuing about Rs. 92,714 crore have been indicated in the Budget
documents.

Customer Interface

 Interaction and feedback through social media & dedicated IVRS system.
 Making travel comfortable by generating over 65,000 additional berths, installing
2,500 water vending machines; introducing ‘Mahamana Express’ with modern
refurbished coaches; 17,000 bio-toilets in trains; world’s first Bio-Vacuum toilet
developed.
 Improving punctuality – operations audit for Ghaziabad to Mughalsarai section.

 Ticketing: Introduced 1,780 Automatic Ticket Vending Machines, mobile apps &
GoIndia smartcard for cashless purchase of UTS and PRS tickets, enhanced capacity
of e-ticketing system from 2,000 tickets per minute to 7,200 tickets per minute and to
support 1,20,000 concurrent users as against only 40,000 earlier.
 Social initiatives: One-time registration for availing concessions while booking
tickets online, online booking of wheelchairs & Braille enabled new coaches
introduced for the Divyang, increased quota of lower berths for senior citizens and
women, middle bays reserved in coaches for women.
 Wi-Fi provided in 100 stations, to be provided in 400 more.
 Stations being redeveloped – financial bid received for Habibganj, Bhopal; Cabinet
approval for stations to be taken up under PPP.
 Security through helplines & CCTVs.
 Safety - 350 manned level crossings closed, eliminated 1,000 unmanned level
crossings, 820 ROB/RUB completed in the current year and work going on in 1,350
of them.
Other major achievements
 Energy: annualized savings of Rs. 3,000 crore to be achieved in the next financial
year itself, a year earlier than announced; achieved by procuring power directly at
competitive rates using IR’s status as Deemed Distribution Licensee.
 Rail University – initially identified the National Academy of Indian Railways at
Vadodara.
 Digital India: application of Track Management System (TMS) launched, inventory
management module of TMS has resulted in inventory reduction by 27,000 MT
resulting in saving of Rs.64 crore and scrap identification of 22,000 MT equivalent to
Rs.53 crore.

The Way Ahead

Improving quality of travel
For the unreserved passenger –
 Antyodaya Express unreserved, superfast service.
 Deen Dayalu coaches – unreserved coaches with potable water and higher number of
mobile charging points.
For the reserved passenger –
 Humsafar - fully air-conditioned third AC service with an optional service for meals
 Tejas - will showcase the future of train travel in India. Will operate at speeds of 130
kmph and above.Will offer onboard services such as entertainment, local cuisine, WiFi,
etc. through one service provider for ensuring accountability and improved
customer satisfaction
 Humsafar and Tejas to ensure cost recovery through tariff and non-tariff measures
 UDAY - overnight double-decker, Utkrisht Double-Decker Air-conditioned Yatri
Express on the busiest routes, has the potential to increase carrying capacity by almost
40%.
Ticketing: Sale of tickets through hand held terminals; e- ticketing facility to foreign
debit/credit cards; bar coded tickets, scanners and access control on a pilot basis.
 Expansion of Vikalp – train on demand to provide choice of accommodation in specific trains to wait-
  listed passengers. E-booking of tickets facility on the concessional passes available to
journalists; facility of cancellation through the 139 helpline post verification using ‘One
Time Password’ sent on registered phone number, to improve tatkaal services CCTV
cameras on windows and periodic audit of PRS website.
Cleanliness -‘Clean my Coach’ service through SMS, ranking of A1 and A stations based on
periodic third party audit and passenger feedback; waste segregation and recycling centres;
‘Awareness campaigns’; additional 30,000 bio-toilets; providing portable structures with biotoilets
at all platforms of select stations for senior citizens, Divyang and women travellers,
plan to explore innovative means of providing and maintaining toilets such as advertisement
rights, CSR, voluntary support from social organizations.
Catering and stalls at stations -IRCTC to manage catering services in a phased manner;
explore possibility of making catering services optional, adding 10 more IRCTC operated
base kitchens; to build local ownership and empowerment, weightage will be given to district
domicile holders for commercial licenses at stations.
Stoppages: convert all operational halts into commercial halts for the benefit of the common
man.
Rail Mitra Sewa: expanding Sarathi Seva in Konkan Railway to help the old and disabled
passengers, strengthening the existing services for enabling passengers to book battery
operated cars, porter services, etc. on a paid basis in addition to the existing pick up and drop,
and wheel chair services.
Measures for Divyang: all stations under redevelopment accessible by Divyang; to provide
at least one Divyang friendly toilet at each platform in A1 class stations during the next
financial year and also ensure availability of wheelchairs in sufficient numbers at these
stations.
Travel Insurance to passengers - to offer optional travel insurance for rail journeys at the
time of booking.
Hourly booking of retiring rooms - will be handed over to IRCTC.
Janani sewa: children’s menu items on trains, baby foods, hot milk and hot water would be
made available.
SMART (Specially Modified Aesthetic Refreshing Travel) Coaches - design and layout of
our coaches to ensure higher carrying capacity and provision of new amenities including
automatic doors, bar-code readers, bio-vacuum toilets, water-level indicators, accessible
dustbins, ergonomic seating, improved aesthetics, vending machines, entertainment screens,
LED lit boards for advertising, PA system.
Mobile Apps - integrate all facilities into two mobile apps dealing with ticketing issues and
for receipt and redressal of complaints and suggestions.

Improving customer interface- skilling our front-end staff and those we employ through our
service providers, information boards in trains enumerating the on-board services and also
GPS based digital displays inside coaches to provide real time information regarding
upcoming halts. Work underway on installation of a high-tech centralized network of 20,000
screens across 2000 stations for enabling real time flow of information to passengers and also
unlock huge advertising potential. All A1 class stations will be manned with duly empowered
Station Directors supported by cross functional teams; to make one person accountable for all
facilities on trains.

 Pilgrimage centres: to take up on priority the provision of passenger amenities and
beautification on stations at pilgrimage centres including Ajmer, Amritsar, Bihar
Sharif, Chengannur, Dwarka, Gaya, Haridwar, Mathura, Nagapattinam, Nanded,
Nasik, Pali, Parasnath, Puri, Tirupati, Vailankanni, Varanasi and Vasco; also intend to
run Aastha circuit trains to connect important pilgrim centres.
 Porters- intend providing them with new uniforms and train them in soft skills,
henceforth, to be called sahayak.
 High Speed Rail: passenger corridor from Ahmedabad to Mumbai being undertaken
with the assistance of the Government of Japan. SPV for implementing high speed
projects will be registered this month. Prime benefit would be providing IR with
technology advancements and new manufacturing capability.
 Entertainment: propose to invite FM Radio stations for providing train borne
entertainment; extend ‘Rail Bandhu’ to all reserved classes of travelers and in all
regional languages.
Passenger traffic - Suburban traffic: in-principle approval for MUTP III received. Early
award of tenders for elevated suburban corridors between Churchgate-Virar and between
CSTM-Panvel; revive Ring Railway system in Delhi; launching a new investment framework
for developing suburban systems in partnership with State Governments, development in
Ahmedabad, Bangaluru, Hyderabad Chennai and Thiruvananthapuram on the anvil.

Winning back the lost modal share

Expanding the freight basket of IR - to start time-tabled freight container, parcel and
special commodity trains on a pilot basis, container sector would be opened to all traffic
barring coal, specified mineral ores and part-loads during the non-peak season. All existing
terminals/sheds would be granted access to container traffic, where considered feasible.

Rationalising the tariff structure – undertake review of tariff policy to evolve a competitive
rate structure vis a vis other modes, permit multi-point loading/unloading and apply
differentiated tariffs to increase utilization of alternate routes, explore possibility of signing
long term tariff contracts with our key freight customers using pre-determined price
escalation principles.
Building terminal capacity - proposed to develop Rail side logistics parks and warehousing
in PPP mode, 10 goods sheds will be developed by TRANSLOC, the Transport Logistics
Company of India, in 2016-17. To soon inaugurate India’s first rail auto hub in Chennai.
Encourage development of cold storage facilities on vacant land near freight terminals. Local
farmers and fisherman would be given preferential usage of the facility. A policy in this
regard would be issued in the next 3 months.
Nurturing customers - will appoint Key Customer Managers to liaison with our major
freight stakeholders; each Zonal Railway will develop customer commitment charter
indicating service level commitments of IR, will explore the feasibility of opening up leasing
of general purpose wagons.

Non fare revenues
 Station redevelopment; monetizing land along tracks; monetizing soft assets – website,
data, etc; advertising – in 2016-17 target 4 times the revenue of 2015-16; overhaul of
parcel business - liberalize the current parcel policies including opening the sector to
container train operators; revenues from manufacturing activity - by 2020, aim at
generating annualised revenues of about Rs 4,000 crore.

Process Improvements
 EPC projects standard document finalized, will implement at least 20 projects through
this mode in 2016-17; by 2017-18, endeavour to award all works valuing above Rs. 300
crore through EPC contracts.
 Performance output parameters based contracts - to review service contracts to
integrate them and make them simpler and outcome focused.
 Leveraging technology for project management- intend to use the latest drone and Geo
Spatial based satellite technology for remotely reviewing the physical progress across
major projects; monitoring of DFC to be operationalised through this mode in 2016-17.
 System-wide Information Technology integration - initiated system wide integration,
both horizontal and vertical, akin to an ERP through innovative partnership models.

Rail Development Authority
 To enable fair pricing of services, promote competition, protect customer interests and
determine efficiency standards; draft bill to be ready after holding extensive stakeholder
consultations.

Undertaking Navarambh – a new beginning
Navinikaran - Structural Interventions
Organisational Restructuring- proposed to reorganize the Railway Board along
business lines and suitably empower Chairman, Railway Board. As a first step, cross
functional directorates to be set up in Railway Board to focus on areas like non-fare
revenues, speed enhancement, motive power and information technology; explore the
possibility of unifying cadres for fresh recruitment of officers; strengthen PPP cell to
improve ease of doing business with IR.
Sashaktikaran – Improving our planning practices
To set up a Railway Planning & Investment Organisation for drafting medium (5
years) and long (10 years) term corporate plans; identify projects which fulfill the
corporate goal. Prepare a National Rail Plan to harmonise and integrate the rail
network with other modes of transport and create synergy for achieving seamless
multi-modal transportation network across the country
 Aekikaran – Consolidation: Forming a holding company of companies owned by IR.
 Shodh aur vikas - Investing in the future: to set up a R&D organization, a Special
Railway Establishment for Strategic Technology & Holistic Advancement,
SRESTHA. RDSO will now focus only on day to day issues while SRESTHA would
drive long term research.
 Vishleshan – Analyzing data: a dedicated, cross functional team called Special Unit
for Transportation Research and Analytics (SUTRA) would be set up for carrying out
detailed analytics leading to optimized investment decisions and operations
 Navrachna – Innovation: by setting aside a sum of Rs. 50 crore for providing
innovation grants to employees, startups and small businesses.
Avataran - Seven Missions for the transformation of IR
 Missions will be headed by a Mission Director reporting directly to the Chairman,
Railway Board and heading a cross functional team empowered to take all relevant
decisions for a timely targeted delivery. Annual outcome based performance targets
for the Mission would be announced and the Missions will finalise the
implementation plans for short, medium and long terms and proceed accordingly
Mission 25 Tonne for 25 tonne axle load, Mission Zero Accident for safety, Mission
PACE (Procurement and Consumption Efficiency), Mission Raftaar for higher
speeds, Mission Hundred for commissioning 100 sidings/ freight terminals, Mission
beyond book-keeping for accounting reforms, Mission Capacity Utilisation to prepare
a blueprint for making use of the capacity created once DFC is commissioned.
Sustainability and Social Initiatives: Human Resources/ Skilling, Social initiatives,
Environment
To tie up with the Ministry of Health for ensuring an exchange between Railways
hospitals and Government hospitals; to introduce ‘AYUSH’ systems in 5 Railway
hospitals; provide gang men with devices called ‘Rakshak’ for intimating them about
approaching trains, also reduce the weight of the tools carried by them while
patrolling. To provide toilets and air-conditioning in cabs for our loco pilots.
 Set up two chairs – one C T Venugopal chair on Strategic Finance, research and
policy development and another Kalpana Chawla chair on geo-spatial technology.
For youth - open our organisation to 100 students across Engineering and MBA
schools for 2-6 months’ internships each year.
 Partnering with Ministry of Skill Development - skill development on IR premises.
 Undertaken energy audits for reducing energy consumption in non-traction area by
10% to 15% - all new light provisions will be LED luminaire and all Railway stations
to be covered with LED luminaire in next 2 to 3 years.
 Action plan drawn up for environmental accreditation, water management and waste
to energy conversion. More than 2,000 locations provided with Rain Water
Harvesting facility. In place of steel sleepers on steel bridges environmentally friendly
composite sleepers made of recycled plastic waste will be used over all girder bridges.
 32 stations and 10 coaching depots have been identified for installation of water
recycling plants in the coming years.

Tourism
 Partnering with State Governments for operating tourist circuit trains; recent
upgradation of National Rail Museum, promotion of tourism through Railway
museums and UNESCO world heritage Railways.
 To spread awareness about our National Animal, the Tiger, complete packages
including train journey, safaris and accommodation to cover the wildlife circuit
comprising Kanha, Pench and Bandhavgarh will be offered.
Annex1 of the Speech details the financial performance of the Indian Railways & the
estimates of Receipts & Expenditure.

FINANCIAL PERFORMANCE 2015-16:
 Net reduction in Gross Traffic Receipts by Rs 15,744 crore in RE 2015-16 compared to
the BE target of Rs 1,83,578 crore. Passenger earnings scaled down keeping in view the
persistent negative growth trend since 2013-14 both in the suburban and non-suburban
non-PRS segment of travel.
 Freight earnings impacted mainly on account of low demand from the core sector
resulting in resetting the target in R.E. 2015-16 to Rs 1,11,853 crore.
 Stringent economy and austerity measures adopted to contain the Ordinary Working
Expenses (O.W.E.) due to which budgeted Ordinary Working Expenses of Rs 1,19,410
crore decreased in the Revised Estimates 2015-16 to Rs. 1,10,690 crore i.e. by Rs 8,720
crore.
 BE provided for an appropriation of Rs. 34,900 crore to the Pension Fund. However,
based on trend, the pension outgo moderately decreased to Rs. 34,500 crore in RE.
 Internal resource generation diminished and appropriation to DRF moderated to Rs. 5,500
crore in RE from the BE 2015-16 provisioning of Rs. 7,900 crore. Excess of receipts
over expenditure in RE 2015-16 stands at Rs. 11,402.40 crore.
 Plan size for 2015-16 is currently estimated at 1,00,000 crore i.e. the BE level.
Budget Estimates 2016-17:
 The intention to improve revenues and ensure appropriate investments which can
continue the road-map of decongestion and enhance line-capacity enhancement as
detailed in 2015-16. The focus is on enhanced CAPEX with a mix of various sources of
funding in order to ensure that the projects are given assured funding.
 Gross Traffic Receipts kept at Rs 1,84,820 crore . Passenger earnings growth has been
pegged at 12.4 % and earnings target budgeted at Rs. 51,012 crore. The freight traffic is
pegged at incremental traffic of 50 million tonnes, anticipating a healthier growth in the
core sector of economy. Goods earnings is accordingly proposed at Rs. 1, 17,933 crore.
Other coaching and sundries projected at Rs. 6,185 crore and Rs. 9,590.3 crore
respectively.
 OWE provides for the implementation of the 7th CPC.
 Pension outgo budgeted at Rs 45,500 crore in 2016-17.
 Higher staff cost and pension liability impacts the internal resource position of the
Railways. Accordingly, appropriation to DRF from revenue placed at Rs 3,200 crore and
that from Production Units at Rs 200 crore. A withdrawal of Rs 3,160 crore from DRF on
net basis proposed though the gross expenditure to be met from DRF in the Annual Plan
estimated at Rs 7,160 crore. Rs 5,750 crore proposed to be appropriated to the Capital
fund. With a draw-down of Rs 1,250 crore from previous balances in the fund, plan
requirement of Rs 7,000 crore for repayment of principal component of lease charges to
IRFC met.
 Railways are preparing a Plan size of Rs. 1,21,000 crore in 2016-17.
Annex-2 of the speech details the Implementation of Budget announcements 2015-16
*****

Cooli are now Assistant

Check out @ravindrakumar's Tweet: https://twitter.com/ravindrakumar/status/702755468943314944?s=09

Efficient Goods Train

Check out @ravindrakumar's Tweet: https://twitter.com/ravindrakumar/status/702753037484306432?s=09

New locomotive factories

Check out @ravindrakumar's Tweet: https://twitter.com/ravindrakumar/status/702751893668257794?s=09

Spirit of federalism

Check out @ravindrakumar's Tweet: https://twitter.com/ravindrakumar/status/702749262245818368?s=09

New three Dedicated Freight Corridors

Check out @ravindrakumar's Tweet: https://twitter.com/ravindrakumar/status/702747874279292928?s=09

Railway Budget is based on Zero Based Budgeting

Check out @ravindrakumar's Tweet: https://twitter.com/ravindrakumar/status/702745426311536640?s=09

Railway Minister reached Parliament to present his second railway budget.

Check out @ravindrakumar's Tweet: https://twitter.com/ravindrakumar/status/702738611255398400?s=09

Friday, February 19, 2016

Amendment in the notification of the Government of India in the Ministry of Finance (Department of Revenue) No.25/2012-Service Tax, dated the 20th June, 2012,

[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)
NEW DELHI
New Delhi, the 18th February, 2016

NOTIFICATION NO. 07/2016-Service Tax

GSR….(E).- In exercise of the powers conferred by sub-section (1) of section 93 of the Finance Act, 1994 (32 of 1994), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby makes the following further amendment in the notification of the Government of India in the Ministry of Finance (Department of Revenue) No.25/2012-Service Tax, dated the 20th  June, 2012, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 467 (E), dated the 20th  June, 2012, namely:-
1.         In the said notification, in the opening paragraph,
(i) after entry No. 47, the following shall be inserted, namely-
“(48) Services provided by Government or a local authority to a business entity with a turnover up to rupees ten lakh in the preceding financial year.”

2.         The amendment shall come into effect on 1st April, 2016.
[F. No. B1/10/2015-TRU]

(K. Kalimuthu)
Under Secretary to the Government of India
Note:-The principal notification was published in the Gazette of India, Extraordinary, by notification No. 25/2012 - Service Tax, dated the 20th  June, 2012, vide number G.S.R. 467 (E), dated the 20th June, 2012 and last amended by notification No.20/2015 - Service Tax, dated the 21st October, 2015 vide number G.S.R. 799(E), dated the 21st October, 2015.

Monday, February 15, 2016

#EaseOfDoiningBusiness - New SVB circular-One-time Declaration in lieu of pending renewal by SVB

Circular No. 4 /2016-Customs

F. No. 465/12/2010-Cus V

Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs
******
New Delhi,
                                                                                                     the 9 th February 2016
To,
All Principal Chief Commissioners of Customs / Customs & Central Excise
All Chief Commissioners of Customs,
All Chief Commissioners of Customs & Central Excise,
All Directorate-Generals, Chief Departmental Representative,
All Principal Commissioners of Customs,
All Principal Commissioners of Customs & Central Excise
All Commissioners of Customs
All Commissioners of Customs & Central & Excise

Sub: Procedure for renewal of SVB orders and ongoing SVB inquiries under circular no.
11/2001 – Cus dated 23rd February 2001 - reg.

The Board has comprehensively revised instructions for the examination of related party
transactions and those involving royalty, licence fee etc. vide circular no. 5 /2016 dated 9
th February
2016. In view thereof, the Board has decided that the following procedure shall be followed with
respect to pending SVB cases initiated in terms of circular 1/98 – Cus dated 1.1.98 & 11/2001-Cus
dated 23.2.2001 and those involving renewal of SVB orders.
2. In order to facilitate quick disposal of cases currently pending with SVBs for renewal, a
system of one-time declaration is being provided. Importers, in respect of whom SVB orders are
pending renewal, shall submit to the jurisdictional SVB, a declaration in the prescribed formats
(Annexure 1 & 2) by 31st May 2016.
2.1 Each SVB shall maintain a consolidated record of such declarations and allot a reference no.
to each declaration received. The SVB shall provide to the importer a duly acknowledged receipt of
the declaration.
2.2 The SVBs shall promptly scrutinize the declarations and in cases where the importer files
declaration in Annexure 1, the process of renewal would be treated as dispensed with. The SVB
shall immediately inform the Custom stations where provisional assessments have re-started due to
the process of renewal to immediately discontinue obtaining Extra Duty Deposit and finalize the
related provisional assessments, without any further reference to the importer.
2.3 In all such cases, the communication from the SVBs to the Customs formations / Appraising
groups must be sent by 30th June 2016, under intimation to Chief Commissioner, DGoV, RMD and
the importer.
3. In cases where a change in circumstances surrounding the sale has been stated in the
declaration (Annexure 2), the SVB inquiries shall be initiated in terms of the procedure stated in
circular 5/2016 dated 9
th February 2016 by serving upon the importer questionnaires at Annexure A
and Annexure B. If EDD is being obtained in such cases, the same shall be reviewed and the
sequence provided in para 3.2 of the circular no. 5/2016 dated 9
th February 2016 shall be followed.
Pending SVB Investigations
4. All pending SVB investigations (other than renewal cases), where Extra Duty Deposit is being
obtained are required to be reviewed in terms of para 3.2 of the circular no. 5/2016 dated 9
th February
2016. In cases, where the importer has provided information & documents, requisitioned by the SVB,
EDD shall be discontinued forthwith. This exercise shall be completed by 31st May 2016.
4.1 In cases, where EDD has been enhanced to 5%, due to the importer not having provided
information or documents necessary for SVB inquiries, the Commissioner shall immediately take
recourse to appropriate provisions under the Customs Act for obtaining the necessary documents
for investigations and subsequently dispense with the EDD.
5. Chief Commissioners / Principal Commissioners /Commissioners having jurisdiction over the
existing SVB at Bangalore, Chennai, Delhi, Kolkata, and Mumbai shall draw up an action plan for
completing investigations in all pending cases, forthwith. Where required, additional officers may be
deputed to complete pending investigations. Pendency should be brought down by 10% in each
month so that all existing cases (commenced upto 31.12.2015) are disposed of latest by 31.10.2016.
6. In so far as the procedure for completing pending SVB investigations, instructions contained
in circular no. 5 / 2016 dated 9th February 2016 shall be followed.
(S.Kumar)
Commissioner (Customs)
Circular No. 4 /2016-Customs

ANNEXURE – 1
(One-time Declaration in lieu of pending renewal by SVB)
(on the letterhead of the importer)
To,
Commissioner of Customs (Bengaluru, Chennai, Delhi, Kolkata, Mumbai (as applicable)
I ( Name of the person) , (Designation) , of M/s (Name of Company) do hereby declare & confirm
that, –
(i) This declaration is in relation to the SVB order (s) - in- original No.____
dated__________
(ii) We have made an application for renewal of SVB orders on __________ (date)
to_____________ (customs House)
(iii) During the period___________ (date of issue of order) to ______________ (date of
declaration),
(a) there are no changes in the circumstances surrounding the sale of the goods
between us and our related supplier (s).
(b) there is no change to the terms & conditions contained in the agreement (s)
between us and our related supplier (s).
(c) we have not entered into an agreement with any new related supplier or their
associates since the issuance of the earlier SVB order
(d) there is no change in rate of Royalty payment or Licence Fee / or any other
payment made to the supplier of imported goods.
(e) There are no post-import price adjustments with our supplier.
The above statements are true and correct to the best of my knowledge.
 Company Seal
(Signature of Authorised Representative)/ Director (Finance)/CFO
Name:
Designation:
Tel no. / email:
Circular No. 4 /2016-Customs
ANNEXURE – 2
(One time Declaration in lieu of pending renewal by SVB)
(on the letterhead of the importer)
To,
Commisssioner of Customs
Bengaluru, Chennai, Delhi, Kolkata, Mumbai (as applicable)
I ( Name of the person) , (Designation) , of M/s (Name of Company) do hereby declare & confirm
that, –
(i) This declaration is in relation to the SVB order (s) - in- original No.____
dated__________
(ii) We have made an application for renewal of SVB orders on __________ (date)
to_____________ (customs House)
(iii) During the period___________ (date of issue of order) to ______________ (date of
declaration*),
(a) there is a change in the circumstances surrounding the sale of the goods
between us and our related supplier (s)
(b) there is a change to the terms & conditions contained in the agreement (s)
between us and our related supplier (s).
(c) We have entered into a new agreement with our existing related supplier / new
related supplier / or their associates
(d) there is a change in the rate of royalty payment / licence fee / or other payment
being made to the supplier of the imported goods.
(e) There are post-importation price adjustments with our supplier.
(*Please strike out, which ever are not applicable; please provide supporting documents in respect
of (a) to (e), as applicable)
The above statements are true and correct to the best of my knowledge.
Company Seal
(Signature of Authorised Representative)/ Director (Finance)/CFO
Name:
Designation:
Tel no. / email:

New SVB circular had simplified and made more trade friendly SVB registration,Investigation, EDD deposit, finalization of assessment , non appeal able order by SVB,No SVB investigation for single transaction of Rs 1 lacs and much more

Circular No. 5 /2016 -Customs

F. No. 465/12/2010-Cus V

Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs
******
New Delhi,
                                                                                                                the 9th February 2016

To,
All Principal Chief Commissioners Customs
All Principal Chief Commissioner of Customs & Central Excise
All Chief Commissioners of Customs,
All Chief Commissioners of Customs & Central Excise,
All Directorate-Generals, Chief Departmental Representative,
All Principal Commissioners of Customs,
All Principal Commissioners of Customs & Central Excise
All Commissioners of Customs
All Commissioners of Customs & Central & Excise


Sub: Procedure for investigation of related party import cases and
other cases by the Special Valuation Branches - reg.


The ‘Special Valuation Branch’ (hereinafter referred to as “SVB”) was created as an
institution specializing in investigation of transactions involving special relationships between
buyer - seller or those involving other special circumstances surrounding the sale of imported
goods, both of which have a bearing on the assessable value. Detailed instructions were issued
vide Circular Nos. 1/98 - Customs dated 1.1.98 and 11/2001-Customs dated 23.2.2001,
prescribing the procedure to be observed by the Custom Houses for referring cases to Special
Valuation Branches and time lines to be followed for finalising such cases.

2. However, trade and industry has been repeatedly representing regarding delays in
finalisation of SVB investigations, continued uncertainty due to provisional assessments,
increase in transaction costs due to extra duty deposits and burdensome procedure of renewal
of SVB orders. Board has also taken cognizance of the WCO’s Guide to Customs Valuation and
Transfer Pricing (June 2015) and the fact that the circulars 1/98 and 11/2001 were based upon
the Customs Valuation (Determination of Price of imported goods), Rules, 1988, which have
since been superseded by the Customs Valuation (Determination of Value of Imported Goods)
Rules, 2007. Accordingly, after considering the above and the large number of SVB investigations
pending in various Customs Houses, a need has been felt to streamline the procedures relating
to investigations by SVBs.

3. Vide Circular No. 29/2012 dated 7th of December, 2012, it had been decided to vest
functional control over SVBs with the Director General of Valuation (DGOV), with effect from 1st
January, 2013. However, upon assessing the impact of the revised administrative arrangements
and taking into consideration the suggestion of the industry that jurisdictional Chief Commissioner
/ Commissioner offer a convenient avenue for redressing grievances, it has been decided to
withdraw the said circular with immediate effect. Henceforth, the Special Valuation Branches shall
function under the supervisory control of the jurisdictional Chief Commissioner/Principal
Commissioner/Commissioner. DGoV shall continue to support the SVBs by issuing advisories on
legal issues & guidance notes. DGoV shall also continue to qualitatively monitor investigation
orders issued by SVBs.

3.1 The SVBs are presently functioning at the Customs Houses at Bengaluru, Chennai,
Kolkata, Delhi and Mumbai. Para 1 (b) of circular no. 11/2001 dated 23rd Feb 2001 laid down the
jurisdiction of the SVBs, based upon the principle of location of the corporate office of the
importer. After reviewing this arrangement from the point of view of convenience of the trade, it
has been decided to continue with the same administrative arrangements. Accordingly, as &
when imports requiring investigation by SVBs are noticed at any customs formation, the
concerned Commissionerate shall after following the procedure laid down in this circular, transfer
all relevant records to the jurisdictional SVB for investigations. However, in cases where the
import takes place through CHs of Mumbai / Delhi / Chennai / Kolkata / Bangalore, the importer
will be free to select the SVB of the Customs House of import or the Customs House most
proximate to the corporate office, as convenient to him. The jurisdiction of the five SVBs is
attached as Annexure F.
3.2 The Board has reviewed the practice relating to levy of ‘Extra Duty Deposits’ (EDD) in
cases where SVB investigations are undertaken. It has been taken into consideration that ‘Extra
Duty Deposit’ @ 1% of declared assessable value is being obtained from the importer for a period
of 4 months during which time he is required to submit required documents and information to
the SVB. In the event of his failing to do so, the EDD can be increased to 5% till such time the
importer complies. Upon the importer complying with the requisition for documents and
information, Circular 11/2001 – Cus dated 23.2.2001 provides that EDD shall be discontinued,
while imports will continue to be assessed provisionally till the completion of investigations. In
other words, the imports were continued to be assessed provisionally on the basis of a PD Bond
but without any EDD. It has also been noted that many importers have represented on delays in
dispensing of EDD, even though they have provided the required information and a period of 4
months has passed without the case having been decided. Therefore, the Board has decided
that while reference to SVB requires the assessments to be provisional, for the sake of reducing
transaction cost and bringing uniformity across Customs Houses, no security in the form of EDD
shall be obtained from the importers. However, if the importer fails to provide documents and
information required for SVB inquiries, within 60 days of such requisition, security deposit at a
rate of 5% of the declared assessable value shall be imposed by the Commissioner for a period
not exceeding the next three months. Simultaneously, the importer shall be granted a further
period of 60 days to comply with the requisition for information & documents. If the importer fails
to submit documents within this extended period, the Commissioner in charge of SVB may
consider the use of other provisions of the Customs Act for obtaining documents / information
from an importer for conducting investigations. In no case shall the imposition of Security Deposit
exceed the period of three months specified above. Furthermore, the Board has also decided
that the importer would be free to choose whether the Security Deposit to be provided for the
purposes of provisional assessment shall be by way of cash deposit or a Bank Guarantee. The
form of Bond to be initially furnished by the importer is attached as Annexure D. The form of Bond
to be used in a case where taking a Security Deposit becomes necessary is attached as
Annexure E.
3.3 It has also been decided that the existing system of adjudication, wherein the proper
officer of the SVB passed an appealable order followed by the assessing officer passing another
corresponding order finalizing provisional assessments should be replaced. It has now been
decided that the SVB shall not issue an appealable order. Instead, the SVB shall convey its
investigative findings by way of an Investigation Report to the referring customs formation for
finalizing the provisional assessments. This would obviate multiple streams of appeals for the
trade.
3.4 During consultations with field formations, it has been reported that while circular
11/2001- Cus dated 23.2.2001 cast the responsibility upon the Commissioner to carefully
examine whether a case merits SVB investigations, lack of adequate information at the stage of
assessment did not facilitate making a judicious decision on whether a case needs to be referred
to SVB or not. Accordingly, it has been decided to introduce a questionnaire to be filled by the
importer (attached as Annexure A to the circular), which would enable the jurisdictional
Commissioner to take a decision on whether a case needs to be referred to SVB for
investigations.
3.5 The Board has also decided that in order to ensure that only cases with significant
revenue implications are taken up for SVB investigations, the following cases shall not be taken
up for inquiries by SVBs :
(i) Import of samples and prototypes from related sellers
(ii) Imports from related sellers where duty chargeable (including additional duty of
Customs etc.) is unconditionally fully exempted or nil.
(iii) Any transaction where the value of imported goods is less than Rs 1 lac but
cumulatively these transactions do not exceed Rs 25 lacs in any financial year
Cases, which may be considered for SVB Investigations
4.0 While filing a bill of entry, every importer makes a declaration about whether the seller
of imported goods is a related party or not, as defined under Rule 2(2) of the Customs Valuation
(Determination of Price of Imported Goods) Rules, 2007 (CVR, 2007). In other words, where any
importer makes a declaration that the transaction is between ‘related persons’, as defined under
Rule 2 (2) of CVR 2007, it would be necessary to examine whether or not the circumstances
surrounding the sale of the imported goods indicate that the relationship has influenced the price.
Accordingly, such transactions will require to be examined as to whether SVB inquiries are
necessary.
4.1 Apart from investigation of transactions involving related parties, cases involving possible
additions to declared transaction value also need to be examined to determine whether SVB
investigations are necessary. Accordingly, transactions where any payments are sought to be
made which are in the nature of instances given below, shall be examined with respect to the
need for SVB investigations:
(a) ‘royalty and licence fee’ under Rule 10 (1)(c) of CVR, 2007
or
(b) where the value of any part of proceeds of any subsequent resale,
disposal or use of imported goods accrues to the seller [i.e. Rule (10)(1)(d)]
of CVR, 2007
or
(c) where any other payments are made or are contemplated to be made in
future by buyer to seller as a condition of sale of imported goods etc., [i.e.
Rule 10(1)(e)] of CVR, 2007
4.2 However, no reference to SVB would be necessary where any additions are sought to be
made under Clauses (a) and (b) of Rule 10(1), as it is expected that such matters would be
decided routinely by Appraising Groups.
Procedure for considering reference to SVB
5. Scrutiny of a transaction between related persons or involving additions to value on
account of royalty, licence fee etc. can pose complex issues and may lead to delay in clearance.
Therefore, importers are advised that if their transaction falls in such a category they should, in
so far as possible, file a prior bill of entry as provided under the second proviso to subsection (3)
of section 46 of the Customs Act, 1962, preferably 15 days prior to the import. The importers are
also advised to provide information as prescribed in Annexure A to this circular as well as
information enjoined under Rule 3 (3) (b) of CVR 2007 at the time of filing of the Bill of Entry itself.
Such advance filing of the Bill of Entry is expected to provide sufficient time for taking a decision
on whether the transaction needs to be referred to SVB or not and therefore ensuring timely
clearance of the goods. This would be necessary only in the first instance of import and once a
decision has been taken regarding referring the matter to SVB or not, there would be no need for
such advance filing of the Bill of Entry for each subsequent import.
5.1 Upon filing of the Bill of Entry, and receipt of information in Annexure A, the proper officer
shall proceed to determine whether, prima facie, there is a need for investigation by the SVB. He
shall complete such examination within 3 days of the filing of Bill of Entry and the matter submitted
before the Commissioner. While examining the information submitted by the importer, the proper
officer shall carefully examine the “circumstances surrounding the sale” and evaluate the case
on the following parameters:-.
i. Has the importer declared the price of the goods imported is a “transfer price”?
ii. What is the basis on which the price has been settled between the buyer & seller?
iii. Has the price been settled in a manner consistent with the way the seller settles prices
for sales to buyer who are not related to the seller?
iv. Does the nature of relationship between the buyer and seller appear to influence the
price?
v. Is the information provided by the importer in terms of rule 3 (3) (b) able to demonstrate
that the transaction is at arms length?
vi. Are there any payments, such as royalty, licence fee etc., actually made or to be made,
as a condition of sale of the imported goods, by the buyer to the seller, or by the buyer to
a third party to satisfy an obligation cast by the seller? Are such payments included in the
price actually paid or payable?
vii. Whether any part of the proceeds of subsequent re-sale, disposal or use of the imported
goods accrues, directly or indirectly, to the seller?
viii. What is the nature of other payments, if any, made or to be made by the buyer as a
condition of sale of the imported goods?
ix. Has the importer entered into an Advance Pricing Agreement with the Income Tax
Authorities or obtained an Advance Ruling?
x. Will the prices paid or payable by the importer be settled with the seller at the end of a
defined period by means of a debit note / credit note?
5.2 While examining the information provided by the importer in terms of Rule 3(3) (b), if any,
the proper officer shall bear in mind that the interpretative note to CVR 2007 states:
“A number of factors must be taken into consideration in determining
whether one value "closely approximates" to another value. These
factors include the nature of the imported goods, the nature of the
industry itself, the season in which the goods are imported, and
whether the difference in values is commercially significant. Since
these factors may vary from case to case, it would be impossible to
apply a uniform standard such as a fixed percentage, in each case.
For example, a small difference in value in a case involving one type
of goods could be unacceptable while a large difference in a case
involving another type of goods might be acceptable in determining
whether the transaction value closely approximates to the "test"
values set forth in rule 3(3)(b).”
5.3 After examining the transaction on the above lines, the proper officer at the customs
station of import shall submit the findings to the Commissioner for a decision on whether the case
is fit for being referred to the SVB for investigations.
5.4 The Commissioner shall after due consideration of the preliminary findings, take a
considered view whether:
(a) the matter be referred to the SVB for further investigations and the goods be
provisionally assessed to duty in terms of section 18 of the Customs Act, or
(b) the transaction does not merit investigations by SVB and that assessment be finalised
on the basis of enquiries to be conducted by the proper officer in terms of Rules 4 to
9 of the CVR 2007 or
(c) the transaction be assessed in terms of Rule 3 of CVR 2007
Procedure for reference to SVB:
6. In the event of the Commissioner directing investigations by SVB, the proper officer shall
promptly carry out provisional assessment in terms of section 18 of the Customs Act, 1962 and
ensure that no delays occur in the release of the goods.
6.1 In order to facilitate expeditious inquiries by the SVB, the proper officer shall alongside of
provisionally assessing the bill of entry, requisition further information from the importer as per
Annexure B to this circular. The importer should be advised to furnish the documents and a duly
indexed reply to the questionnaire to the jurisdictional SVB (as per para 3.1) within 60 days.
6.2 Upon completion of the procedure for provisional assessment and issue of the
questionnaire (Annexure B), all related records shall be transferred to the jurisdictional SVB, and
in no case later than 3 working days of the release of the goods.
6.3 The documents received from the importer with respect to the checklist shall be duly
acknowledged by the SVB. An intimation shall be forwarded to RMD and the referring appraising
group regarding submission of the documents within time so that provisional assessments,
without security deposit or bank guarantee, continue till the finalisation of the investigation.
Procedure for cases where reference to SVB is not required:
7. In case where after examination of the transaction, it is decided by the Commissioner that
a reference to SVB is not necessary, the Customs House shall issue a reference number to the
importer and the Risk Management Division to indicate that the transaction has been examined
from the point of view of need for SVB inquiries and it has been decided not to refer the same for
SVB investigations.

Procedure in Special Valuation Branch

8. Upon receipt of all related records from the referring customs formation, the SVB shall
forthwith assign a case number and update the Central Registry Database (CRD) maintained by
DGoV. The SVB shall also inform the RMD of the details of the importer, his IEC code, and details
of seller for inserting suitable instructions for assessing officers at all Customs Houses so as to
ensure provisional assessments during the currency of SVB inquiries.
8.1 Upon receipt of information from the importer as per Annexure B, SVB shall commence
inquiries, during the course of which the Deputy Commissioner / Asst. Commissioner (SVB) may
call for further documents or information as required. The importer shall also be given suitable
opportunity to submit evidence in support of the declared value.
8.2. The SVBs shall, as far as possible, complete the investigations and issue its findings
within two months from the date of receipt of information in Annexure B. In cases where
investigations are not completed within 2 months, the SVB shall seek the approval of the
jurisdictional Commissioner for such extended time period as is deemed necessary to complete
investigations. However, where investigations are not completed within 4 months from the date
of receipt of information in Annexure B, the matter shall be submitted before the Chief
Commissioner for extension of period as is deemed fit.
8.3 Upon completing investigations, the SVB shall submit the findings before the Principal
Commissioner/Commissioner, quantifying the extent of influence on the transaction value due to
the relationship or payments towards royalty or licence fee or other payments actually made or
to be made as a condition of sale of the imported goods. Upon approval by the Principal
Commissioner / Commissioner, an Investigation Report (IR, for short) shall be prepared
incorporating all relevant facts, submissions made by the importer, investigative findings, grounds
for acceptance or rejection of transaction value, and the extent of influence on declared
transaction value, if any. The IR shall include all relied upon documents and shall be
communicated to the referring customs station/appraising group and such other stations where
imports have been provisionally assessed. A copy of the IR shall also be sent to the DGoV.
Finalisation of assessments
9. Upon receipt of the IR from the SVB, where investigative findings are that the declared
value is found conforming to Rule 3 of the CVR, 2007, the customs stations where provisional
assessments have been undertaken shall immediately proceed to finalize the same. There would
be no need to issue a speaking order for finalising the provisional assessments in such cases.
9.1 However, when investigative findings are that the declared value has been influenced by
the circumstances surrounding the sale, the proper officer shall issue a show cause notice to the
importer within 15 days of the receipt of the IR, under intimation to the concerned SVB.
9.2 In cases where imports have been cleared through multiple customs locations, the
jurisdictional commissioner of the SVB shall, after issue of notices by the proper officers in the
said locations, make a proposal addressed to the Commissioner (Customs), CBEC
recommending appointment of a common adjudicating authority by the Board for the purpose of
passing order for finalization of the provisional assessments.
9.3 The adjudicating authority shall, after following the principles of natural justice, pass an
order quantifying the extent of influence on the declared transaction value. The Order shall be
endorsed to the Risk Management Division and the DGoV, for updating the Central Registry
Database.
9.4 The appellate provisions under Section XV of the Customs Act would apply for filing
appeals against the order passed by the adjudicating authority.
Change in circumstances surrounding the sale
10. In any case where, the circumstances of sale or terms and conditions of the agreement
between the buyer and related seller change, or any other payments of the kind referred under
Rule 10 (1) (c), (d) & (e) of the CVR, 2007 become payable, the importers shall be required to
declare the same at the place of import in the prescribed format at Annexure C. In all such cases,
the proper officer shall examine the transactions as per procedures laid out above in this circular
and the jurisdictional Commissioner shall refer the matter to the jurisdictional SVB, where
required.
10.1 In view of the above, it may be noted that the system of renewal of SVB orders has been
discontinued with immediate effect.
10.2 Instructions regarding disposal of pending cases are contained in circular 4 / 2016 dated
9
th February 2016.
Monitoring of SVB investigations:
11. DGoV shall facilitate co-ordination amongst the SVBs. Once a case is registered by the
SVB, detailed information regarding the same along with the IEC code of the importer should be
entered in the Central Registry Database (CRD) maintained by the Directorate General of
Valuation. DGoV shall monitor the progress of the investigations and report to the Board cases
involving any inordinate delays.
12. This circular is issued in supersession of Circular No. 1/98 – Cus dated 1.1.98 and
11/2001-Cus dated 23rd February 2001 and comes into immediate effect.
13. Difficulties, if any, faced in the implementation of this Circular may be brought to the notice
of the Board.
14. Hindi version follows.
Yours faithfully,
(S.Kumar)
Commissioner (Customs)
Circular No.5 / 2016-Customs
F. No. 465/12/2010-Cus V
BE No:
Customs Station:
Annex-A
Questionnaire to be filled by the importer at the time of filing bill of entry
Importer
1 Name & Address of the importer
1.1 IEC Code
1.2 Central Excise Registration number, if any
1.3 Service Tax Registration number, if any
1.4 PAN number
2. Whether the importer is a proprietorship/partnership/private limited company/public
limited company/branch office of company incorporated outside India/wholly owned
subsidiary etc.?
3 Whether the importer is manufacturer or manufacturer cum trader or only a trader?
3.1 If the importer is a manufacturer, please provide address of unit (s); and jurisdictional
central excise / service tax commissionerate, division & range.
3.2 If the importer is a manufacturer, please briefly describe the manufacturing activity
undertaken (principal inputs and description of goods manufactured)
3.3 If the importer is a manufacturer cum trader, please list the goods which are imported
and traded.
3.4 If the importer is only a distribution & marketing company or maintenance & services co.
etc., please briefly describe the business activity and commodities traded/serviced etc.
Seller
4. Name, address, website of the foreign seller from whom the goods are imported
4.1 Whether the seller is the manufacturer of the imported goods or a trader?
4.2 Please specify the clause of Rule 2(2), CVR 2007 in terms of which the Buyer (importer)
and seller are related, if applicable. Please provide details of the relationship.
4.3 Please provide a gist and title of all agreements between the buyer (importer) and the
seller and/or with their associates
Goods
5 Have goods identical to the goods imported under the present BE, been imported
earlier? If yes, please provide details.
5.1 Whether the importer has imported any capital goods, plant, machinery, equipment, etc.,
from the seller of the imported goods or its related or associated concerns?
5.2 Does the seller of the imported goods supply the same directly to any other unrelated
person in India? If so, please furnish details of other importers in India, if available.
5.3 Has the price of the goods been settled in manner consistent with the way the price is
settled by the seller with unrelated buyers?
5.4 Please provide the information under Rule 3 (3) (b) of CVR, 2007, if any.
5.5 Is the price of the imported goods determined on the basis of a price list? If yes, please
provide copy of the price list and the basis of arriving at the invoice value.
5.6 If the price is not based upon a price list, then is the price declared a ‘Transfer Price’?
5.7 What is the basis on which the price has been settled between the buyer and seller?
Other Payments (Costs & Services under Rule 10 of CVR, 2007)
6. Whether the goods imported by the importer are sold under a trade mark, design,
licencing/royalty agreement or patent owned or controlled by the seller of the goods or
any other person?
6.1 Whether the product manufactured by the importer using the imported goods is sold
under a trade mark, design, licencing/royalty agreement or patent owned or controlled
by the seller of the goods or any other person?
6.2 Whether any amount or any part of the proceeds of any subsequent resale, disposal or
use of the imported goods accrues, directly or indirectly, to the seller?
6.3 Whether there are any other payments actually made or to be made as a condition of
sale of the imported goods, by the buyer to the seller, or by the buyer to a third party to
satisfy an obligation of the seller?
6.4 Is any amount paid or payable, directly or indirectly, to or on behalf of the seller of the
imported goods in connection with the production of the imported goods? (for example,
materials, parts, components, tools, dies, moulds, engineering, development, art work,
design work, plans or sketches undertaken elsewhere than in India)
6.5 Are any services rendered by or on behalf of the importer relatable to the goods imported
or undertaken on behalf of the seller of foreign goods?
6.6 Will the price paid or payable by the importer be settled with the seller at the end of
defined period by means of debit note / credit note (post – import price adjustment)?
Other information
7. Has the importer or any of its associates entered into an Advance Pricing Agreement
with the Income Tax Authorities or obtained Advance Ruling? (please enclose copy).
Note:
1. The replies to this questionnaire shall be signed by the Authorised Signatory of the Importer accompanied by
a self-certified copy of the statutory document as proof of such authorization.
2. In cases where the import takes place through CHs of Mumbai / Delhi / Chennai / Kolkata / Bangalore, the
importer will be free to select the SVB of Customs House of Import or the Customs House most proximate to
the Corporate Office, as convenient to him.
Company Seal
(Signature of Authorised Representative)/ Director (Finance)/CFO
Name:
Designation:
Tel no. / email:
Circular No. 5 / 2016-Customs
F. No. 465/12/2010-Cus V
Annex-B
Questionnaire and documents to be filed by the importer to SVB within 60 days
Details of Importer
1. Name of the importer with full address of the Corporate office, registered office,
administrative office/factory
1.1 Please attach a copy of the Annex A filed at the customs station.
1.2 Please provide the copy of the bill of entry, invoice, bill of lading, packing list and LC in
respect of which Annex A was filed.
1.3 Please provide copies of all provisionally assessed bills of entry and accompanying,
invoice, bill of lading, packing list and LC since filing of Annex A at all ports.
1.4 Please provide Annual reports, if any, for a period of upto three preceding years.
1.5 Please provide Balance Sheets, if any, for a period of upto three preceding years.
1.6 Please provide, copy of Transfer Pricing report filed before Income Tax Dept, if any, or
a Transfer Pricing Report prepared for Customs Purposes / Tax Purposes, if any
1.7 Please provide copy of Advance Pricing Agreement, if any
1.8 Whether the importer has imported any capital goods, plant, machinery, equipment, etc.,
from the seller of the imported goods or its related or associated persons? Please furnish
copies of Bills of Entry, invoice, packing list, bill of lading & LC (or remittance details), as
applicable.
Details of goods imported
2. Whether the imported goods are component parts of CKD/SKD sets for local assembly
into finished goods? If yes, furnish a complete list of the items imported in CKD/SKD
condition.
Pricing Pattern
3. Are the imported goods or identical or similar goods (meaning assigned in terms of CVR,
2007) internationally quoted in any data bases, commodity exchanges, industry
publications (e.g. PLATT, Public Ledger etc)? If yes, please provide details of price
listings and copies of relevant printed material
3.1 If the imported goods are for stock & sale, please provide a pricelist for sale in
India of the imported goods.
3.2 If the imported goods are for captive consumption by the importer please provide the
pricelist of the goods manufactured and sold in India.
Terms & Conditions of Sale
4. Whether the imported items are exclusively supplied by the sellers to the importer in
India?
4.1 Whether the product imported is sold under a trade mark, design or patent owned or
controlled by the seller of the goods or any other person? If yes, please provide details
and copies of the agreements.
4.2 Whether the importer is incurring any expenses on behalf of the seller or their
associates? If yes, please provide copies of the agreement and details of the expenses
incurred.
4.3 Whether any amounts are paid by the importer in the form of agency commission,
overriding commission or any other remuneration, including that for services rendered
by or on behalf of the seller, to other importers in India or to the seller of the imported
goods, or their related or associated concerns or persons. If yes, please provide copies
of the agreements and details of such expenses
4.4 Is the price paid or payable by the importer to be settled with the seller at a future date
by means of debit note / credit note (Post – Import price adjustment)? If yes, please
provide details.
Relationship particulars
5. Specify the role, if any, of the seller or any of its associate business entities, in your
corporate policy, design specification, quality control, marketing, sub-licensing of patent,
franchise, etc?
5.1 Whether any legal liabilities created by contracts or agreements entered into by the seller
devolve on the importer? If so, details thereof.
5.2 Whether the seller is in a position, directly or indirectly, to exercise restraint over the
importer, legally or operationally, in any manner? If so, details thereof.
5.3 Whether the converse position for serial no. 5.2. or 5.3 applies? If so, details thereof.
5.4 Whether any third party is in a position, directly or indirectly, to exercise restraint over
both the importer and the seller of imported goods, legally or operationally, in any
manner? If so, details thereof
5.5 Whether the importer and the seller of the imported goods, together, are in a position,
directly or indirectly, to exercise restraint over a third person, legally or operationally, in
any manner? If so, details thereof.
Please note:
After scrutiny of the information & documents provided by the importer under
Annexure A and B, the Special Valuation Branch of the Customs House may
require additional information / documents, which shall be communicated to the
Importer in writing.
Company Seal
Signature of Authorised Representative/Director (Finance)/CFO
Name:
Designation:
Tel no. / email:

ANNEXURE – C
(Para 10 of Circular 5 / 2016 dated 9
th February 2016 refers)
(on the letterhead of the importer)
To,
Commissioner of Customs
Customs House____________
I ( Name of the person) , (Designation) , of M/s (Name of Company) do hereby declare &
confirm that, –
This declaration is in relation to the Bill of Entry No._________
dated__________
(a) there is a change in the circumstances surrounding the sale of the goods
between us and our related seller (s)
(b) there is a change to the terms & conditions contained in the agreement (s)
between us and our related seller (s).
(c) We have entered into a new agreement with our existing related seller / new
related seller / or their associates
(d) there is a change in the rate of royalty payment / licence fee / or other
payment being made to the seller of the imported goods.
(e) We have undertaken a post-import price adjustment with our seller
(*Please strike out, which ever are not applicable; please provide supporting documents in respect of
(a) to (e), as applicable)
The above statements are true and correct to the best of my knowledge.
 Company Seal
(Signature of Authorised Representative/Director (Finance)/CFO
Name:
Designation:
Tel no. / email:
Annexure D
Continuity Bond
(Under Section 18 of the Customs Act, 1962)
(To be executed by the Importer of goods subject to Inquiries by Special Valuation Branch under
Customs Valuation (Determination of Value of Imported Goods) Rules, 2007)
(Circular No5 / 2016 dated 9
th February 2016 issued from CBEC F.No: 465/12/2010 - Cus V)
KNOW ALL MEN BY THESE PRESENTS THAT We
M/s_______________________________ having our corporate office located
at______________________________ and holding Import-Export Code
No.__________ hereinafter called the "Importer" (which expression shall include its
successors/heirs, executors, administrators and legal representatives) are held and firmly
bound unto the President of India hereinafter called the "President" (which expression
shall include his successors and assigns) in the sum of Rs___________
Rupees__________________(please fill amount in words) to be paid to the President for which
payment well and truly to be made, we bind ourselves, our successors, heirs, executors,
administrators and legal representatives firmly by these presents.
Sealed with our seal(s) this___ day of______20
WHEREAS the Assistant Commissioner of Customs/Deputy Commissioner of
Customs at the ________________ (fill in name of customs station of import) (hereinafter called
the "Proper Officer") has agreed to make provisional assessment of the goods imported
from time to time by the importer pending submission of further documents and furnishing
information and/or completion of further enquiries and the Proper Officer has agreed to
allow provisional clearance of the goods mentioned in the schedule hereto annexed upon
the importer agreeing to furnish such bond as is herein contained.
NOW THE CONDITION of the above written bond is such that -
(1) If the importer shall within ninety days from the date of importation of this
consignment or within such extended period as the Proper Officer may allow, produce
such documents and furnish such information as may be called for by the Proper
Officer/Special valuation branch, and
(2) If the importer pays to the President, the difference between the duty finally
assessed and the duty provisionally assessed in respect of the goods imported from time
to time.
Then the above written bond shall be void and of no effect; otherwise the same
shall remain in full force and virtue.
AND IT IS HEREBY AGREED AND DECLARED by the importer as follows :-
1. This bond is given under the orders of the Central Government for the
performance of an act which is in public interest.
2. The President through the [Deputy Commissioner / Assistant Commissioner
of Customs] or other officer may recover the said sum of Rs ____________ in the manner
laid down in Section 142 of the Customs Act, 1962 without prejudice to any other mode
of recovery.
3. This bond shall remain in force from the date hereof and the obligation and
liability of the importer shall be a continuing one in respect of all goods imported from
time to time by the importer between the period of ______________ (present date) and
the payment by the importer of the difference between the duty finally assessed and the
duty provisionally assessed in respect of the goods imported from time to time.
IN WITNESS WHEREOF the importer has herein set and subscribed its hands and
seals the day, month and year first above written.
SIGNED AND DELIVERED by and on behalf of the importer at___________
(place) in the presence of :-
(Signature of Authorised Signatory and Corporate Seal)
Witnesses:
1.

2.
Accepted for and on behalf of the President of India
(Signature of the Proper Officer)
Schedule to Continuity Bond
(under section 18 of the Customs Act, 1962)
(To be executed by the Importer of goods subject to Inquiries by Special Valuation Branch under
Customs Valuation (Determination of Value of Imported Goods) Rules, 2007)
(Circular No5 / 2016 dated 9
th February 2016 issued from CBEC F.No: 465/12/2010 - Cus V)
Bill of Entry
Number
Date Provisional
Assessable
Value
Balance of
bond value
Remarks Signature /
date / name /
designation of
officer
(1) (2) (3) (4) (5) (6)
Annexure E
Continuity Bond
(With Bank Guarantee or Security Deposit)
(under section 18 of the Customs Act, 1962)
(To be executed by the Importer of goods with provision for security deposit/bank guarantee subject to
Inquiries by Special Valuation Branch under the
Customs Valuation (Determination of Value of Imported Goods) Rules, 2007)
(Circular No. 05 / 2016 dated 9
th February 2016 issued from CBEC F.No: 465/12/2010 - Cus V)
KNOW ALL MEN BY THESE PRESENTS THAT We
M/s_______________________________ having our corporate office located
at______________________________ and holding Import-Export Code
No.__________ hereinafter called the "Importer" (which expression shall include its
successors/heirs, executors, administrators and legal representatives) are held and firmly
bound unto the President of India hereinafter called the "President" (which expression shall
include his successors and assigns) in the sum of Rs___________
Rupees__________________(please fill amount in words) to be paid to the President for
which payment well and truly to be made, we bind ourselves, our successors, heirs,
executors, administrators and legal representatives firmly by these presents.
Sealed with our seal(s) this___ day of______20
WHEREAS the Assistant Commissioner of Customs/Deputy Commissioner of
Customs at the ________________ (fill in name of customs station of import) (hereinafter
called the "Proper Officer") has agreed to make provisional assessment of the goods
imported from time to time by the importer pending submission of further documents and
furnishing information and/or completion of further enquiries and the Proper Officer has
agreed to allow provisional clearance of the goods mentioned in the schedule hereto
annexed upon the importer agreeing to furnish such bond as is herein contained; and
WHEREAS the importer has deposited with the Principal Commissioner of Customs or
Commissioner of Customs, as the case may be, at ----------- (location),
* a bank guarantee;
 OR
* a security deposit
mentioned in the schedule hereunder for the due observance of and performance of
the terms and undertakings on the part of the importer and for being applied in part or full
towards the indemnity hereby given or otherwise according to law.
* strike out whatever is not applicable
NOW THE CONDITION of the above written bond is such that –
(1) If the importer shall within ninety days from the date of importation of this
consignment or within such extended period as the Proper Officer may allow, produce such
documents and furnish such information as may be called for by the Proper Officer/Special
valuation branch, and
(2) If the importer pays to the President, the difference between the duty finally
assessed and the duty provisionally assessed in respect of the goods imported from time to
time.
Then the above written bond shall be void and of no effect; otherwise the same shall
remain in full force and virtue.
AND IT IS HEREBY AGREED AND DECLARED by the importer as follows :-
1. This bond and security deposit/bank guarantee are given under the orders of
the Central Government for the performance of an act which is in public interest.
2. The President through the [Deputy Commissioner / Assistant Commissioner of
Customs] or other officer may recover the said sum of Rs ____________ in the manner laid
down in Section 142 of the Customs Act, 1962 without prejudice to any other mode of
recovery.
3. This bond and security deposit / bank guarantee shall remain in force from the
date hereof and the obligation and liability of the importer shall be a continuing one in respect
of all goods imported from time to time by the importer between the period
of ______________ (present date) and the payment by the importer of the difference
between the duty finally assessed and the duty provisionally assessed in respect of the
goods imported from time to time.
IN WITNESS WHEREOF the importer has herein set and subscribed its hands and
seals the day, month and year first above written.
SIGNED AND DELIVERED by and on behalf of the importer at___________ (place) in
the presence of :-
(Signature of Authorised Signatory and Corporate Seal)
Witnesses:
1.

2.
Accepted for and on behalf of the President of India
(Signature of the Proper Officer)
Schedule to Continuity Bond
(under section 18 of the Customs Act, 1962)
(To be executed by the Importer of goods with provision for security deposit/bank guarantee subject to
Inquiries by Special Valuation Branch under the
Customs Valuation (Determination of Value of Imported Goods) Rules, 2007)
(Circular No. 5 / 2016 dated 9
th February 2016 issued from CBEC F.No: 465/12/2010 - Cus V)
Bill of
Entry
Number
Date Provisional
Assessable
Value
Balance
of bond
value
Details of
security
deposit or
bank
guarantee
whichever is
applicable
Balance of
security
deposit or
bank
guarantee
value
(whichever is
applicable)
Remarks
(attach
bank
guarantee
in original
countersigned
by
officer
making
this entry)
Signature /
date / name
/
designation
of officer
(1) (2) (3) (4) (5) (6) (7) (8)
Annexure F
F.No: 465/12/2010-Cus V
Cir No. 5/2016
Jurisdictions of Special Valuation Branches
Sl.
No.
Special Valuation
Branch
Commissioner In
charge
Jurisdiction
1 Bengaluru Airport and Air Cargo
Complex, Bengaluru
Karnataka
Kerala
2 Chennai Customs –III, Chennai Andhra Pradesh
Puducherry
Tamil Nadu
Telangana
3 Delhi Commissionerate of
Customs (General)
Chandigarh
NCT of Delhi
Haryana
Himachal Pradesh
Jammu and Kashmir
Punjab
Rajasthan
Uttar Pradesh
Uttarakhand
4 Kolkata Customs (Port) Andaman and Nicobar Islands
Arunachal Pradesh
Assam
Bihar
Chhattisgarh
Jharkhand
Manipur
Meghalaya
Mizoram
Nagaland
Orissa
Sikkim
Tripura
West Bengal
5 Mumbai Customs (Import-II),
Mumbai Zone I
Dadra and Nagar Haveli
Daman and Diu
Goa
Gujarat
Madhya Pradesh
Maharashtra

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