THE FINANCE ACT, 2016
[Act No. 28 of 2016]
[14th May, 2016]
PREAMBLE
An Act to give effect to the financial proposals of the Central
Government for the financial year 2016-2017.
BE it
enacted by Parliament in the Sixty-seventh Year of the Republic of India as
follows:--
Section 1 - Short title and commencement
(1)
This Act may
be called the Finance Act, 2016.
(2)
Save as
otherwise provided in this Act, sections 2 to 115 shall be deemed to have come
into force on the 1st day of April, 2016.
Section 2 -
(1)
Subject to
the provisions of sub-sections (2) and (3), for the assessment year commencing
on the 1st day of April, 2016, income-tax shall be charged at the rates
specified in Part I of the First Schedule and such tax shall be increased by a
surcharge, for purposes of the Union, calculated in each case in the manner
provided therein.
(2)
In the cases
to which Paragraph A of Part I of the First Schedule applies, where the
assessee has, in the previous year, any net agricultural income exceeding five
thousand rupees, in addition to total income, and the total income exceeds two
lakh fifty thousand rupees, then,--
(a)
the net
agricultural income shall be taken into account, in the manner provided in
clause (b) [that is to say, as if the net agricultural income were comprised in
the total income after the first two lakh fifty thousand rupees of the total
income but without being liable to tax], only for the purpose of charging
income-tax in respect of the total income; and
(b)
the
income-tax chargeable shall be calculated as follows:--
(i)
the total
income and the net agricultural income shall be aggregated and the amount of
income-tax shall be determined in respect of the aggregate income at the rates
specified in the said Paragraph A, as if such aggregate income were the total income;
(ii)
the net
agricultural income shall be increased by a sum of two lakh fifty thousand
rupees, and the amount of income-tax shall be determined in respect of the net
agricultural income as so increased at the rates specified in the said
Paragraph A, as if the net agricultural income as so increased were the total
income;
(iii)
the amount
of income-tax determined in accordance with sub-clause (i) shall be reduced by
the amount of income-tax determined in accordance with sub-clause (ii) and the
sum so arrived at shall be the income-tax in respect of the total income:
Provided
that in the case of every individual, being a resident in India, who is of the
age of sixty years or more but less than eighty years at any time during the
previous year, referred to in item (II) of Paragraph A of Part I of the First
Schedule, the provisions of this sub-section shall have effect as if for the
words "two lakh fifty thousand rupees", the words "three lakh
rupees" had been substituted:
Provided
further that in the case of every individual, being a resident in India, who is
of the age of eighty years or more at any time during the previous year,
referred to in item (III) of Paragraph A of Part I of the First Schedule, the
provisions of this sub-section shall have effect as if for the words "two
lakh fifty thousand rupees", the words "five lakh rupees" had
been substituted.
(3)
In cases to
which the provisions of Chapter XII or Chapter XII-A or section
115JB or section 115JC or Chapter XII-FA or Chapter XII-FB or
sub-section (1A) of section 161 or section
164 or section 164A or section 167B of the Income-tax
Act, 1961 (43 of 1961) (hereinafter referred to as the Income-tax Act) apply,
the tax chargeable shall be determined as provided in that Chapter or that
section, and with reference to the rates imposed by sub-section (1) or the
rates as specified in that Chapter or section, as the case may be:
Provided
that the amount of income-tax computed in accordance with the provisions
of section 111A or section 112 of the Income-tax Act shall
be increased by a surcharge, for the purposes of the Union, as provided in
Paragraph A, B, C, D or E, as the case may be, of Part I of the First Schedule:
Provided
further that in respect of any income chargeable to tax under section
115A, 115AB, 115AC, 115ACA, 115AD, 115B, 115BB, 115BBA, 115BBC, 115BBD, 115BBE, 115E, 115JB or 115JC of
the Income-tax Act, the amount of income-tax computed under this sub-section
shall be increased by a surcharge, for purposes of the Union, calculated,--
(a)
in the case
of every individual or Hindu undivided family or association of persons or body
of individuals, whether incorporated or not, or every artificial juridical
person referred to in sub-clause (vii) of clause (31) of section 2 of
the Income-tax Act, or co-operative society or firm or local authority, at the
rate of twelve per cent. of such income-tax, where the total income exceeds one
crore rupees;
(b)
in the case
of every domestic company,--
(i)
at the rate
of seven per cent. of such income-tax, where the total income exceeds one crore
rupees but does not exceed ten crore rupees;
(ii)
at the rate
of twelve per cent. of such income-tax, where the total income exceeds ten
crore rupees;
(c)
in the case
of every company, other than a domestic company,--
(i)
at the rate
of two per cent. of such income-tax, where the total income exceeds one crore
rupees but does not exceed ten crore rupees;
(ii)
at the rate
of five per cent. of such income-tax, where the total income exceeds ten crore
rupees:
Provided
also that in the case of persons mentioned in (a) above, having total income
chargeable to tax under section 115JC of the Income-tax Act, and such
income exceeds one crore rupees, the total amount payable as income-tax on such
income and surcharge thereon shall not exceed the total amount payable as
income-tax on a total income of one crore rupees by more than the amount of
income that exceeds one crore rupees:
Provided
also that in the case of every company having total income chargeable to tax
under section 115JB of the Income-tax Act, and such income exceeds
one crore rupees but does not exceed ten crore rupees, the total amount payable
as income-tax on such income and surcharge thereon, shall not exceed the total
amount payable as income-tax on a total income of one crore rupees by more than
the amount of income that exceeds one crore rupees:
Provided
also that in the case of every company having total income chargeable to tax
under section 115JB of the Income-tax Act, and such income exceeds
ten crore rupees, the total amount payable as income-tax on such income and
surcharge thereon, shall not exceed the total amount payable as income-tax and
surcharge on a total income of ten crore rupees by more than the amount of
income that exceeds ten crore rupees.
(4)
In cases in
which tax has to be charged and paid under section
115-O or section 115QA or sub-section (2) of section
115R or section 115TA or section 115TD of the
Income-tax Act, the tax shall be charged and paid at the rates as specified in
those sections and shall be increased by a surcharge, for purposes of the
Union, calculated at the rate of twelve per cent. of such tax.
(5)
In cases in
which tax has to be deducted under sections
193, 194, 194A, 194B, 194BB, 194D, 194LBA, 194LBB, 194LBC and 195 of
the Income-tax Act, at the rates in force, the deductions shall be made at the
rates specified in Part II of the First Schedule and shall be increased by a
surcharge, for purposes of the Union, calculated in cases wherever prescribed,
in the manner provided therein.
(6)
In cases in
which tax has to be deducted under
sections 192A, 194C, 194DA, 194E, 194EE, 194F, 194G, 194H, 194-I, 194-IA, 194J, 194LA, 194LB, 194LBA, 194LBB, 194LBC, 194LC, 194LD, 196B, 196C and 196D of
the Income-tax Act, the deductions shall be made at the rates specified in
those sections and shall be increased by a surcharge, for purposes of the
Union,--
(a)
in the case
of every individual or Hindu undivided family or association of persons or body
of individuals, whether incorporated or not, or every artificial juridical
person referred to in sub-clause (vii) of clause (31) of section 2 of
the Income-tax Act, being a non-resident, calculated at the rate of fifteen per
cent. of such tax, where the income or the aggregate of such incomes paid or
likely to be paid and subject to the deduction exceeds one crore rupees;
(b)
in the case
of every co-operative society or firm, being a non-resident, calculated at the
rate of twelve per cent. of such tax, where the income or the aggregate of such
incomes paid or likely to be paid and subject to the deduction exceeds one
crore rupees;
(c)
in the case
of every company, other than a domestic company, calculated,--
(i)
at the rate
of two per cent. of such tax, where the income or the aggregate of such incomes
paid or likely to be paid and subject to the deduction exceeds one crore rupees
but does not exceed ten crore rupees;
(ii)
at the rate
of five per cent. of such tax, where the income or the aggregate of such
incomes paid or likely to be paid and subject to the deduction exceeds ten
crore rupees.
(7)
In cases in
which tax has to be collected under the proviso to section 194B of
the Income-tax Act, the collection shall be made at the rates specified in Part
II of the First Schedule, and shall be increased by a surcharge, for purposes
of the Union, calculated, in cases wherever prescribed, in the manner provided
therein.
(8)
In cases in
which tax has to be collected under section 206C of the Income-tax
Act, the collection shall be made at the rates specified in that section and
shall be increased by a surcharge, for purposes of the Union,--
(a)
in the case
of every individual or Hindu undivided family or association of persons or body
of individuals, whether incorporated or not, or every artificial juridical
person referred to in sub-clause (vii) of clause (31) of section 2 of
the Income-tax Act, being a non-resident, calculated at the rate of fifteen per
cent. of such tax, where the amount or the aggregate of such amounts collected
and subject to the collection exceeds one crore rupees;
(b)
in the case
of every co-operative society or firm, being a non-resident, calculated at the
rate of twelve per cent. of such tax, where the amount or the aggregate of such
amounts collected and subject to the collection exceeds one crore rupees;
(c)
in the case
of every company, other than a domestic company, calculated,--
(i)
at the rate
of two per cent. of such tax, where the amount or the aggregate of such amounts
collected and subject to the collection exceeds one crore rupees but does not
exceed ten crore ???rupees;
(ii)
at the rate
of five per cent. of such tax, where the amount or the aggregate of such
amounts collected and subject to the collection exceeds ten crore rupees.
(9)
Subject to
the provisions of sub-section (10), in cases in which income-tax has to be
charged under sub-section (4) of section 172 or sub-section (2)
of section 174 or section 174A or section 175 or
sub-section (2) of section 176 of the Income-tax Act or deducted
from, or paid on, income chargeable under the head "Salaries"
under section 192 of the said Act or in which the "advance
tax" payable under Chapter XVII-C of the said Act has to be computed at
the rate or rates in force, such income-tax or, as the case may be,
"advance tax" shall be charged, deducted or computed at the rate or
rates specified in Part III of the First Schedule and such tax shall be
increased by a surcharge, for purposes of the Union, calculated in such cases
and in such manner as provided therein:
Provided
that in cases to which the provisions of Chapter XII or Chapter XII-A
or section 115JB or section 115JC or Chapter XII-FA or
Chapter XII-FB or sub-section (1A) of section 161 or section
164 or section 164A or section 167B of the Income-tax
Act apply, "advance tax" shall be computed with reference to the
rates imposed by this sub-section or the rates as specified in that Chapter or
section, as the case may be:
Provided
further that the amount of "advance tax" computed in accordance with
the provisions of section 111A or section 112 of the
Income-tax Act shall be increased by a surcharge, for purposes of the Union, as
provided in Paragraph A, B, C, D or E, as the case may be, of Part III of the
First Schedule:
Provided
also that in respect of any income chargeable to tax under section
115A, 115AB, 115AC, 115ACA, 115AD, 115B, 115BA, 115BB, 115BBA, 115BBC, 115BBD, 115BBDA, [1][***], 115BBF, 115E, 115JB or 115JC of
the Income-tax Act, "advance tax" computed under the first proviso
shall be increased by a surcharge, for purposes of the Union, calculated,--
(a)
in the case
of every individual or Hindu undivided family or association of persons or body
of individuals, whether incorporated or not, or every artificial juridical
person referred to in sub-clause (vii) of clause (31) of section 2 of
the Income-tax Act, calculated at the rate of fifteen per cent. of such
"advance tax", where the total income exceeds one crore rupees;
(b)
in the case
of every co-operative society or firm or local authority, calculated at the
rate of twelve per cent. of such "advance tax", where the total
income exceeds one crore rupees;
(c)
in the case
of every domestic company, calculated,--
(i)
at the rate
of seven per cent. of such "advance tax", where the total income
exceeds one crore rupees but does not exceed ten crore rupees;
(ii)
at the rate
of twelve per cent. of such "advance tax", where the total income
exceeds ten crore rupees;
(d)
in the case
of every company, other than a domestic company, calculated,--
(i)
at the rate
of two per cent. of such "advance tax", where the total income
exceeds one crore rupees but does not exceed ten crore rupees;
(ii)
at the rate
of five per cent. of such "advance tax", where the total income
exceeds ten crore rupees:
Provided
also that in the case of persons mentioned in (a) and (b) above, having total
income chargeable to tax under section 115JC of the Income-tax Act,
and such income exceeds one crore rupees, the total amount payable as
"advance tax" on such income and surcharge thereon shall not exceed
the total amount payable as "advance tax" on a total income of one
crore rupees by more than the amount of income that exceeds one crore rupees:
Provided
also that in the case of every company having total income chargeable to tax
under section 115JB of the Income-tax Act, and such income exceeds
one crore rupees but does not exceed ten crore rupees, the total amount payable
as "advance tax" on such income and surcharge thereon, shall not
exceed the total amount payable as "advance tax" on a total income of
one crore rupees by more than the amount of income that exceeds one crore
rupees:
Provided
also that in the case of every company having total income chargeable to tax
under section 115JB of the Income-tax Act, and such income exceeds
ten crore rupees, the total amount payable as "advance tax" on such
income and surcharge thereon, shall not exceed the total amount payable as
"advance tax" and surcharge on a total income of ten crore rupees by
more than the amount of income that exceeds ten crore rupees.
2[Provided also that in respect of any income
chargeable to tax under clause (i) of sub-section (1) of section
115BBE of the Income-tax Act, the "advance tax" computed under
the first proviso shall be increased by a surcharge, for the purposes of the
Union, calculated at the rate of twenty-five per cent. of such advance tax.]
(10)
In cases to
which Paragraph A of Part III of the First Schedule applies, where the assessee
has, in the previous year or, if by virtue of any provision of the Income-tax
Act, income-tax is to be charged in respect of the income of a period other
than the previous year, in such other period, any net agricultural income
exceeding five thousand rupees, in addition to total income and the total income
exceeds two lakh fifty thousand rupees, then, in charging income-tax under
sub-section (2) of section 174 or section
174A or section 175 or subsection (2) of section
176 of the said Act or in computing the "advance tax" payable
under Chapter XVII-C of the said Act, at the rate or rates in force,--
(a)
the net
agricultural income shall be taken into account, in the manner provided in
clause (b) [that is to say, as if the net agricultural income were comprised in
the total income after the first two lakh fifty thousand rupees of the total
income but without being liable to tax], only for the purpose of charging or
computing such income-tax or, as the case may be, "advance tax" in
respect of the total income; and
(b)
such
income-tax or, as the case may be, "advance tax" shall be so charged
or computed as follows:--
(i)
the total
income and the net agricultural income shall be aggregated and the amount of
income-tax or "advance tax" shall be determined in respect of the
aggregate income at the rates specified in the said Paragraph A, as if such
aggregate income were the total income;
(ii)
the net
agricultural income shall be increased by a sum of two lakh fifty thousand
rupees, and the amount of income-tax or "advance tax" shall be
determined in respect of the net agricultural income as so increased at the
rates specified in the said Paragraph A, as if the net agricultural income were
the total income;
(iii)
the amount
of income-tax or "advance tax" determined in accordance with
sub-clause (i) shall be reduced by the amount of income-tax or, as the case may
be, "advance tax" determined in accordance with sub-clause (ii) and
the sum so arrived at shall be the income-tax or, as the case may be,
"advance tax" in respect of the total income:
Provided
that in the case of every individual, being a resident in India, who is of the
age of sixty years or more but less than eighty years at any time during the
previous year, referred to in item (II) of Paragraph A of Part III of the First
Schedule, the provisions of this sub-section shall have effect as if for the
words "two lakh fifty thousand rupees", the words "three lakh
rupees" had been substituted:
Provided
further that in the case of every individual, being a resident in India, who is
of the age of eighty years or more at any time during the previous year,
referred to in item (III) of Paragraph A of Part III of the First Schedule, the
provisions of this sub-section shall have effect as if for the words "two
lakh fifty thousand rupees", the words "five lakh rupees" had
been substituted:
Provided
also that the amount of income-tax or "advance tax" so arrived at,
shall be increased by a surcharge for purposes of the Union calculated in each
case, in the manner provided therein.
(11)
The amount
of income-tax as specified in sub-sections (1) to (10) and as increased by the
applicable surcharge, for purposes of the Union, calculated in the manner
provided therein, shall be further increased by an additional surcharge, for
purposes of the Union, to be called the "Education Cess on income-tax",
calculated at the rate of two per cent. of such income-tax and surcharge so as
to fulfil the commitment of the Government to provide and finance universalised
quality basic education:
Provided
that nothing contained in this sub-section shall apply to cases in which tax is
to be deducted or collected under the sections of the Income-tax Act mentioned
in subsections (5), (6), (7) and (8), if the income subjected to deduction of
tax at source or collection of tax at source is paid to a domestic company and
any other person who is resident in India.
(12)
The amount
of income-tax as specified in sub-sections (1) to (10) and as increased by the
applicable surcharge, for purposes of the Union, calculated in the manner
provided therein, shall also be increased by an additional surcharge, for
purposes of the Union, to be called the "Secondary and Higher Education
Cess on income-tax", calculated at the rate of one per cent. of such
income-tax and surcharge so as to fulfil the commitment of the Government to
provide and finance secondary and higher education:
Provided
that nothing contained in this sub-section shall apply to cases in which tax is
to be deducted or collected under the sections of the Income-tax Act mentioned
in sub-sections (5), (6), (7) and (8), if the income subjected to deduction of
tax at source or collection of tax at source is paid to a domestic company and
any other person who is resident in India.
(13)
For the
purposes of this section and the First Schedule,--
(a)
"domestic
company" means an Indian company or any other company which, in respect of
its income liable to income-tax under the Income-tax Act, for the assessment
year commencing on the 1st day of April, 2016, has made the prescribed
arrangements for the declaration and payment within India of the dividends
(including dividends on preference shares) payable out of such income;
(b)
"insurance
commission" means any remuneration or reward, whether by way of commission
or otherwise, for soliciting or procuring insurance business (including
business relating to the continuance, renewal or revival of policies of
insurance);
(c)
"net
agricultural income", in relation to a person, means the total amount of
agricultural income, from whatever source derived, of that person computed in
accordance with the rules contained in Part IV of the First Schedule;
(d)
all other
words and expressions used in this section and the First Schedule but not
defined in this sub-section and defined in the Income-tax Act shall have the
meanings, respectively, assigned to them in that Act.
Section 3 - Amendment of section 2
In section
2 of the Income-tax Act,--
(a)
in clause
(14), in item (vi), after the words and figures "Gold Deposit Scheme,
1999", the words and figures "or deposit certificates issued under
the Gold Monetisation Scheme, 2015" shall be inserted;
(b)
after clause
(23B), the following clause shall be inserted with effect from the 1st day of
June, 2016, namely:--
'(23C)
"hearing" includes communication of data and documents through
electronic mode;';
(c)
in clause
(24), in sub-clause (xviii), for the words, figures and brackets "other
than the subsidy or grant or reimbursement which is taken into account for
determination of the actual cost of the asset in accordance with the provisions
of Explanation 10 to clause (1) of section 43", the following shall be
substituted with effect from the 1st day of April, 2017, namely:--
"other
than,--
(a)
the subsidy
or grant or reimbursement which is taken into account for determination of the
actual cost of the asset in accordance with the provisions of Explanation 10 to
clause (1) of section 43; or
(b)
the subsidy
or grant by the Central Government for the purpose of the corpus of a trust or
institution established by the Central Government or a State Government, as the
case may be;";
(c)
in clause
(37A), in sub-clause (iii), after the words, figures and letters "section
194LBA or", the words, figures and letters "section
194LBB or section 194LBC or" shall be inserted with effect
from the 1st day of June, 2016;
(d)
in clause
(42A), after the second proviso and before Explanation 1, the following proviso
shall be inserted with effect from the 1st day of April, 2017, namely:--
'Provided
also that in the case of a share of a company (not being a share listed in a
recognised stock exchange in India), the provisions of this clause shall have
effect as if for the words "thirty-six months", the words
"twenty-four months" had been substituted.'.
Section 4 - Amendment of section 6
In section
6 of the Income-tax Act, for clause (3), the following clause shall be
substituted with effect from the 1st day of April, 2017, namely:--
'(3) A
company is said to be a resident in India in any previous year, if--
(i)
it is an
Indian company; or
(ii)
its place of
effective management, in that year, is in India.
Explanation.--For
the purposes of this clause "place of effective management" means a
place where key management and commercial decisions that are necessary for the
conduct of business of an entity as a whole are, in substance made.'.
Section 5 - Amendment of section 9
In section
9 of the Income-tax Act, in sub-section (1), in clause (i), in Explanation
1, after clause (d), the following clause shall be inserted, namely:--
"(e) in
the case of a foreign company engaged in the business of mining of diamonds, no
income shall be deemed to accrue or arise in India to it through or from the
activities which are confined to the display of uncut and unassorted diamond in
any special zone notified by the Central Government in the Official Gazette in
this behalf.".
Section 6 - Amendment of section 9A
In section
9A of the Income-tax Act, in sub-section (3), with effect from the 1st day
of April, 2017,--
(i)
in clause
(b), after the words "has been entered into", the words "or is
established or incorporated or registered in a country or a specified territory
notified by the Central Government in this behalf" shall be inserted;
(ii)
in clause
(k), the words "or from India" shall be omitted.
Section 7 - Amendment of section 10
In section
10 of the Income-tax Act,--
(A)
with effect
from the 1st day of April, 2017,--
(i)
after clause
(12), the following clause shall be inserted, namely:--
"(12A)
any payment from the National Pension System Trust to an employee on closure of
his account or on his opting out of the pension scheme referred to
in section 80CCD, to the extent it does not exceed forty per cent. of the
total amount payable to him at the time of such closure or his opting out of
the scheme;";
(ii)
in clause
(13),--
(I)
in
sub-clause (iv), for the word "thereon", the words "thereon;
or" shall be substituted;
(II)
after
sub-clause (iv), the following sub-clause shall be inserted, namely:--
"(v) by
way of transfer to the account of the employee under a pension scheme referred
to in section 80CCD and notified by the Central Government;";
(B)
in clause
(15), in sub-clause (vi), after the words and figures "Gold Deposit
Scheme, 1999", the words and figures "or deposit certificates issued
under the Gold Monetisation Scheme, 2015" shall be inserted;
(C)
with effect
from the 1st day of April, 2017,--
(I)
in clause
(23DA), in the Explanation,--
(1)
in clause
(a), after sub-clause (i), the following sub-clause shall be inserted,
namely:--
"(ia)
in clause (z) of sub-section (1) of section 2 of the Securitisation
and Reconstruction of Financial Assets and Enforcement of Security Interest
Act, 2002 (54 of 2002); or";
(2)
in clause
(b), for the word, figures and letters "section 115TC", the word,
figures and letters "section 115TCA" shall be substituted;
(II)
in clause
(23FC), for the words "by way of interest received or receivable from a
special purpose vehicle", the following shall be substituted, namely:--
"by way
of--
(a)
interest
received or receivable from a special purpose vehicle; or
(b)
dividend
referred to in sub-section (7) of section 115-O";
(III)
in clause
(23FD), for the words, brackets, figures and letters "in clause
(23FC)", the words, brackets, letters and figures "in sub-clause (a)
of clause (23FC)" shall be substituted;
(IV)
in clause
(34), the following proviso shall be inserted, namely:--
"Provided
that nothing in this clause shall apply to any income by way of dividend
chargeable to tax in accordance with the provisions of section
115BBDA;";
(V)
in clause
(35A),--
(a)
before the
Explanation, the following proviso shall be inserted, namely:--
"Provided
that nothing contained in this clause shall apply to any income by way of
distributed income referred to in the said section, received on or after the
1st day of June, 2016.";
(b)
in the
Explanation, for the word, figures and letters "section 115TC", the
word, figures and letters "section 115TCA" shall be substituted;
(VI)
in clause
(38),--
(i)
after the
second proviso, the following proviso shall be inserted, namely:--
"Provided
also that nothing contained in sub-clause (b) shall apply to a transaction
undertaken on a recognised stock exchange located in any International
Financial Services Centre and where the consideration for such transaction is
paid or payable in foreign currency.";
(ii)
for the
Explanation, the following Explanation shall be substituted, namely:--
'Explanation.--For
the purposes of this clause,--
(a)
"equity
oriented fund" means a fund--
(i)
where the
investible funds are invested by way of equity shares in domestic companies to
the extent of more than sixty-five per cent. of the total proceeds of such
fund; and
(ii)
which has
been set up under a scheme of a Mutual Fund specified under clause (23D):
Provided
that the percentage of equity share holding of the fund shall be computed with
reference to the annual average of the monthly averages of the opening and
closing figures;
(b)
"International
Financial Services Centre" shall have the same meaning as assigned to it
in clause (q) of section 2 of the Special Economic Zones Act, 2005
(28 of 2005);
(c)
"recognised
stock exchange" shall have the meaning assigned to it in clause (ii) of
the Explanation 1 to sub-section (5) of section 43.';
(D)
after clause
(48), the following clause shall be inserted, namely:--
"(48A)
any income accruing or arising to a foreign company on account of storage of
crude oil in a facility in India and sale of crude oil therefrom to any person
resident in India:
Provided
that--
(i)
the storage
and sale by the foreign company is pursuant to an agreement or an arrangement
entered into by the Central Government or approved by the Central Government;
and
(ii)
having
regard to the national interest, the foreign company and the agreement or
arrangement are notified by the Central Government in this behalf;";
(E)
after clause
(49), the following clause shall be inserted with effect from the 1st day of
June, 2016, namely:--
'(50) any
income arising from any specified service provided on or after the date on
which the provisions of Chapter VIII of the Finance Act, 2016 comes into force
and chargeable to equalisation levy under that Chapter.
Explanation.--For
the purposes of this clause, "specified service" shall have the
meaning assigned to it in clause (i) of section 161 of Chapter VIII
of the Finance Act, 2016.'.
Section 8 - Amendment of Section 10AA
In section
10AA of the Income-tax Act, in sub-section (1), for the words and figures
"April, 2006, a deduction of", the words, figures and letters
"April, 2006, but before the 1st day of April, 2021, the following
deduction shall be allowed" shall be substituted with effect from the 1st
day of April, 2017.
Section 9 - Amendment of section 17
In section
17 of the Income-tax Act, in sub-section (2), in clause (vii), for the
words "one lakh rupees", the words "one lakh and fifty thousand
rupees" shall be substituted with effect from the 1st day of April, 2017.
Section 10 - Amendment of section 24
In section
24 of the Income-tax Act, in clause (b), in the second proviso, for the
words "three years", the words "five years" shall be
substituted with effect from the 1st day of April, 2017.
Section 11 - Substitution of new section for sections 25A, 25AA and 25B
For sections
25A, 25AA and 25B of the Income-tax Act, the following
section shall be substituted with effect from the 1st day of April, 2017,
namely:--
'25A.
Special provision for arrears of rent and unrealised rent received subsequently
(1)
The amount
of arrears of rent received from a tenant or the unrealised rent realised
subsequently from a tenant, as the case may be, by an assessee shall be deemed
to be the income from house property in respect of the financial year in which
such rent is received or realised, and shall be included in the total income of
the assessee under the head "Income from house property", whether the
assessee is the owner of the property or not in that financial year.
(2)
A sum equal
to thirty per cent. of the arrears of rent or the unrealised rent referred to
in sub-section (1) shall be allowed as deduction.'.
Section 12 - Amendment of section 28
In section
28 of the Income-tax Act, in clause (va), with effect from the 1st day of
April, 2017,--
(A)
in
sub-clause (a), after the words "any business", the words "or
profession" shall be inserted;
(B)
in the
proviso, in clause (i), after the words "any business", the words
"or profession" shall be inserted.
Section 13 - Amendment of section 32
In section
32 of the Income-tax Act, in sub-section (1), in clause (iia), for the
words "or in the business of generation or generation and
distribution", the words "or in the business of generation,
transmission or distribution" shall be substituted with effect from the
1st day of April, 2017.
Section 14 - Amendment of section 32AC
In section
32AC of the Income-tax Act, in sub-section (1A),--
(i)
for the
words "acquired and installed during any previous year exceeds twenty-five
crore rupees", the words, figures and letters "acquired during any
previous year exceeds twenty-five crore rupees and such assets are installed on
or before the 31st day of March, 2017" shall be substituted;
(ii)
before the
proviso, the following proviso shall be inserted, namely:--
"Provided
that where the installation of the new assets are in a year other than the year
of acquisition, the deduction under this sub-section shall be allowed in the
year in which the new assets are installed.";
(iii)
in the
existing proviso, for the words "Provided that", the words ?Provided further that" shall be
substituted.
Section 15 - Amendment of section 35
In section
35 of the Income-tax Act, with effect from the 1st day of April, 2018,--
(i)
in
sub-section (1),--
(a)
in clause
(ii),--
(I)
for the
words "one and three-fourth", the words "one and one-half"
shall be substituted;
(II)
after the
proviso, the following proviso shall be inserted, namely:--
"Provided
further that where any sum is paid to such association, university, college or
other institution in a previous year relevant to the assessment year beginning
on or after the 1st day of April, 2021, the deduction under this clause shall
be equal to the sum so paid;";
(b)
in clause
(iia), the words "an amount equal to one and one-fourth times of"
shall be omitted;
(c)
in clause
(iii), the words "an amount equal to one and one-fourth times of"
shall be omitted;
(ii)
in
sub-section (2AA),--
(A)
in clause
(a), for the words "two times", the words "one and one-half
times" shall be substituted;
(B)
after the
proviso and before Explanation 1, the following proviso shall be inserted,
namely:--
"Provided
further that where any sum is paid to such National Laboratory or university or
Indian Institute of Technology or specified person in a previous year relevant
to the assessment year beginning on or after the 1st day of April, 2021, the
deduction under this sub-section shall be equal to the sum so paid.";
(iii)
in
sub-section (2AB),--
(a)
in clause
(1), for the words "two times", the words "one and one-half
times" shall be substituted;
(b)
after clause
(1) and before the Explanation, the following proviso shall be inserted,
namely:--
"Provided
that where such expenditure on scientific research (not being expenditure in
the nature of cost of any land or building) on in-house research and
development facility is incurred in a previous year relevant to the assessment
year beginning on or after the 1st day of April, 2021, the deduction under this
clause shall be equal to the expenditure so incurred.";
(c)
clause (5)
shall be omitted.
Section 16 - Insertion of new section 35ABA
After section
35AB of the Income-tax Act, the following section shall be inserted with
effect from the 1st day of April, 2017, namely:--
'35ABA.
Expenditure for obtaining right to use spectrum for telecommunication services
(1)
In respect
of any expenditure, being in the nature of capital expenditure, incurred for
acquiring any right to use spectrum for telecommunication services either
before the commencement of the business or thereafter at any time during any
previous year and for which payment has actually been made to obtain a right to
use spectrum, there shall, subject to and in accordance with the provisions of
this section, be allowed for each of the relevant previous years, a deduction
equal to the appropriate fraction of the amount of such expenditure.
(2)
The
provisions contained in sub-sections (2) to (8) of section 35ABB, shall apply
as if for the word "licence", the word "spectrum" had been
substituted.
(3)
Where, in a
previous year, any deduction has been claimed and granted to the assessee under
sub-section (1), and, subsequently, there is failure to comply with any of the
provisions of this section, then,--
(a)
the
deduction shall be deemed to have been wrongly allowed;
(b)
the
Assessing Officer may, notwithstanding anything contained in this Act,
re-compute the total income of the assessee for the said previous year and make
the necessary rectification;
(c)
the
provisions of section 154 shall, so far as may be, apply and the period of four
years specified in sub-section (7) of that section being reckoned from the end
of the previous year in which the failure to comply with the provisions of this
section takes place.
Explanation.--For
the purposes of this section,--
(i)
"relevant
previous years" means,--
(A)
in a case
where the spectrum fee is actually paid before the commencement of the business
to operate telecommunication services, the previous years beginning with the
previous year in which such business commenced;
(B)
in any other
case, the previous years beginning with the previous year in which the spectrum
fee is actually paid, and the subsequent previous year or years during
which the spectrum, for which the fee is paid, shall be in force;
(ii)
"appropriate
fraction" means the fraction, the numerator of which is one and the
denominator of which is the total number of the relevant previous years;
(iii)
"payment
has actually been made" means the actual payment of expenditure
irrespective of the previous year in which the liability for the expenditure
was incurred according to the method of accounting regularly employed by the
assessee or payable in such manner as may be prescribed.'.
Section 17 - Amendment of section 35AC
In section
35AC of the Income-tax Act, after sub-section (6) and before the
Explanation, the following sub-section shall be inserted with effect from the
1st day of April, 2017, namely:--
"(7) No
deduction under this section shall be allowed in respect of any assessment year
commencing on or after the 1st day of April, 2018.".
Section 18 - Amendment of section 35AD
In section
35AD of the Income-tax Act, with effect from the 1st day of April, 2018,--
(a)
sub-section
(1A) shall be omitted;
(b)
in
sub-section (2), after clause (iii), the following clause shall be inserted,
namely:--
"(iv)
where the business is of the nature referred to in sub-clause (xiv) of clause
(c) of sub-section (8), such business,--
(A)
is owned by
a company registered in India or by a consortium of such companies or by an
authority or a board or corporation or any other body established or
constituted under any Central or State Act;
(B)
entity
referred to in sub-clause (A) has entered into an agreement with the Central
Government or a State Government or a local authority or any other statutory
body for developing or operating and maintaining or developing, operating and
maintaining, a new infrastructure facility.";
(c)
in
sub-section (5),--
(I)
in clause
(aj), the word "and" occurring at the end shall be omitted;
(II)
after clause
(aj), the following clause shall be inserted, namely:--
"(ak)
on or after the 1st day of April, 2017, where the specified business is in the
nature of developing or operating and maintaining or developing, operating and
maintaining, any infrastructure facility; and";
(d)
in
sub-section (8),--
(I)
after clause
(b), the following clause shall be inserted, namely:--
'(ba)
"infrastructure facility" means--
(i)
a road
including toll road, a bridge or a rail system;
(ii)
a highway project
including housing or other activities being an integral part of the highway
project;
(iii)
a water
supply project, water treatment system, irrigation project, sanitation and
sewerage system or solid waste management system;
(iv)
a port,
airport, inland waterway, inland port or navigational channel in the sea;';
(II)
in clause
(c), after sub-clause (xiii), the following sub-clause shall be inserted,
namely:--
"(xiv)
developing or maintaining and operating or developing, maintaining and
operating a new infrastructure facility.".
Section 19 - Amendment of section 35CCC
In section
35CCC of the Income-tax Act, in sub-section (1), the following proviso
shall be inserted with effect from the 1st day of April, 2017, namely:--
'Provided
that for the assessment year beginning on or after the 1st day of April, 2021,
the provisions of this sub-section shall have effect as if for the words ''a
sum equal to one and one-half times of'', the words ''a sum equal to'' had been
substituted.'.
Section 20 - Amendment of section 35CCD
In section
35CCD of the Income-tax Act, in sub-section (1), the following proviso
shall be inserted with effect from the 1st day of April, 2017, namely:--
'Provided
that for the assessment year beginning on or after the 1st day of April, 2021,
the provisions of this sub-section shall have effect as if for the words
"an amount equal to one and one-half times of", the words "a sum
equal to" had been substituted.'.
Section 21 - Amendment of section 36
In section
36 of the Income-tax Act, in sub-section (1), in clause (viia), with
effect from the 1st day of April, 2017,--
(i)
after
sub-clause (c) and before the Explanation, the following sub-clause shall be
inserted, namely:--
"(d) a
non-banking financial company, an amount not exceeding five per cent. of the
total income (computed before making any deduction under this clause and
Chapter VI-A).";
(ii)
in the
Explanation, after clause (vi), the following clause shall be inserted,
namely:--
'(vii)
"non-banking financial company" shall have the meaning assigned to it
in clause (f) of section 45-I of the Reserve Bank of India Act, 1934
(2 of 1934);'.
Section 22 - Amendment of section 40
In section
40 of the Income-tax Act, in clause (a), after sub-clause (ia), the
following sub-clause shall be inserted with effect from the 1st day of June,
2016, namely:--
"(ib)
any consideration paid or payable to a non-resident for a specified service on
which equalisation levy is deductible under the provisions of Chapter VIII of
the Finance Act, 2016, and such levy has not been deducted or after deduction,
has not been paid on or before the due date specified in sub-section (1) of
section 139:
Provided
that where in respect of any such consideration, the equalisation levy has been
deducted in any subsequent year or has been deducted during the previous year
but paid after the due date specified in sub-section (1) of section 139, such
sum shall be allowed as a deduction in computing the income of the previous
year in which such levy has been paid;".
Section 23 - Amendment of section 43B
In section
43B of the Income-tax Act, with effect from the 1st day of April, 2017,--
(i)
in clause
(f), for the word "employee" occurring at the end, the words
"employee, or" shall be substituted;
(ii)
after clause
(f), the following clause shall be inserted, namely:--
"(g)
any sum payable by the assessee to the Indian Railways for the use of railway
assets,".
Section 24 - Amendment of section 44AA
In section
44AA of the Income-tax Act, in sub-section (2), for clause (iv), the
following clause shall be substituted with effect from the 1st day of April,
2017, namely:--
"(iv)
where the provisions of sub-section (4) of section 44AD are
applicable in his case and his income exceeds the maximum amount which is not
chargeable to income-tax in any previous year,".
Section 25 -
In section
44AB of the Income-tax Act, with effect from the 1st day of April, 2017,--
(i)
in clause
(b), for the words "twenty-five lakh rupees", the words "fifty
lakh rupees" shall be substituted;
(ii)
in clause
(d),--
(a)
for the word
"business" wherever it occurs, the word "profession" shall
be substituted;
(b)
for the
words, figures and letters "under section 44AD", the words,
figures and letters "under section 44ADA" shall be substituted;
(c)
for the
words "previous year", the words "previous year; or" shall
be substituted;
(iii)
after clause
(d) and before the long line, the following clause shall be inserted, namely:--
"(e)
carrying on the business shall, if the provisions of sub-section (4)
of section 44AD are applicable in his case and his income exceeds the
maximum amount which is not chargeable to income-tax in any previous
year,".
Section 26 - Amendment of section 44AD
In section
44AD of the Income-tax Act, with effect from the 1st day of April, 2017,--
(a)
in
sub-section (2), the proviso shall be omitted;
(b)
for sub-sections
(4) and (5), the following sub-sections shall be substituted, namely:--
"(4)
Where an eligible assessee declares profit for any previous year in accordance
with the provisions of this section and he declares profit for any of the five
assessment years relevant to the previous year succeeding such previous year
not in accordance with the provisions of sub-section (1), he shall not be
eligible to claim the benefit of the provisions of this section for five
assessment years subsequent to the assessment year relevant to the previous
year in which the profit has not been declared in accordance with the
provisions of sub-section (1).
(5)
Notwithstanding anything contained in the foregoing provisions of this section,
an eligible assessee to whom the provisions of sub-section (4) are applicable
and whose total income exceeds the maximum amount which is not chargeable to
income-tax, shall be required to keep and maintain such books of account and
other documents as required under sub-section (2) of section 44AA and
get them audited and furnish a report of such audit as required
under section 44AB.";
(c)
in the
Explanation, in clause (b), in sub-clause (ii), for the words "one crore
rupees" occurring at the end, the words "two crore rupees" shall
be substituted.
Section 27 - Insertion of new section 44ADA
After section
44AD of the Income-tax Act, the following section shall be inserted with
effect from the 1st day of April, 2017, namely:--
'44ADA.
Special provision for computing profits and gains of profession on presumptive
basis
(1)
Notwithstanding
anything contained in sections 28 to 43C, in the case of an assessee, being a
resident in India, who is engaged in a profession referred to in sub-section
(1) of section 44AA and whose total gross receipts do not exceed
fifty lakh rupees in a previous year, a sum equal to fifty per cent. of the
total gross receipts of the assessee in the previous year on account of such
profession or, as the case may be, a sum higher than the aforesaid sum claimed
to have been earned by the assessee, shall be deemed to be the profits and
gains of such profession chargeable to tax under the head "Profits and
gains of business or profession".
(2)
Any
deduction allowable under the provisions of sections 30 to 38 shall, for the
purposes of sub-section (1), be deemed to have been already given full effect
to and no further deduction under those sections shall be allowed.
(3)
The written
down value of any asset used for the purposes of profession shall be deemed to
have been calculated as if the assessee had claimed and had been actually
allowed the deduction in respect of the depreciation for each of the relevant
assessment years.
(4)
Notwithstanding
anything contained in the foregoing provisions of this section, an assessee who
claims that his profits and gains from the profession are lower than the
profits and gains specified in sub-section (1) and whose total income exceeds
the maximum amount which is not chargeable to income-tax, shall be required to
keep and maintain such books of account and other documents as required under
sub-section (1) of section 44AA and get them audited and furnish a
report of such audit as required under section 44AB.'.
Section 28 - Amendment of section 47
In section
47 of the Income-tax Act, with effect from the 1st day of April, 2017,--
(A)
after clause
(viib), the following clause shall be inserted, namely:--
"(viic)
any transfer of Sovereign Gold Bond issued by the Reserve Bank of India under
the Sovereign Gold Bond Scheme, 2015, by way of redemption, by an assessee
being an individual;";
(B)
in clause
(xiiib), in the proviso,--
(I)
in clause
(e), the word "and" appearing at the end shall be omitted;
(II)
after clause
(e), the following clause shall be inserted, namely:--
"(ea)
the total value of the assets as appearing in the books of account of the
company in any of the three previous years preceding the previous year in which
the conversion takes place does not exceed five crore rupees; and;";
(C)
after clause
(xviii), the following clause shall be inserted with effect from the 1st day of
April, 2017, namely:--
'(xix) any
transfer by a unit holder of a capital asset, being a unit or units, held by
him in the consolidating plan of a mutual fund scheme, made in consideration of
the allotment to him of a capital asset, being a unit or units, in the
consolidated plan of that scheme of the mutual fund.
Explanation.--For
the purposes of this clause,--
(a)
"consolidating
plan" means the plan within a scheme of a mutual fund which merges under
the process of consolidation of the plans within a scheme of mutual fund in
accordance with the Securities and Exchange Board of India (Mutual Funds)
Regulations, 1996 made under the Securities and Exchange Board of India Act,
1992 (15 of 1992);
(b)
"consolidated
plan" means the plan with which the consolidating plan merges or which is
formed as a result of such merger;
(c)
"mutual
fund" means a mutual fund specified under clause (23D) of section 10.'.
Section 29 - Amendment of section 48
In section
48 of the Income-tax Act, for the third proviso, the following provisos
shall be substituted with effect from the 1st day of April, 2017, namely:--
"Provided
also that nothing contained in the second proviso shall apply to the long-term
capital gain arising from the transfer of a long-term capital asset, being a
bond or debenture other than--
(a)
capital
indexed bonds issued by the Government; or
(b)
Sovereign
Gold Bond issued by the Reserve Bank of India under the Sovereign Gold Bond
Scheme, 2015:
Provided
also that in case of an assessee being a non-resident, any gains arising on
account of appreciation of rupee against a foreign currency at the time of
redemption of rupee denominated bond of an Indian company subscribed by him,
shall be ignored for the purposes of computation of full value of consideration
under this section.".
Section 30 - Amendment of section 49
In section
49 of the Income-tax Act, after sub-section (4), the following sub-section
shall be inserted with effect from the 1st day of April, 2017, namely:--
''(5) Where
the capital gain arises from the transfer of an asset declared under the Income
Declaration Scheme, 2016, and the tax, surcharge and penalty have been paid in
accordance with the provisions of the Scheme on the fair market value of the
asset as on the date of commencement of the Scheme, the cost of acquisition of
the asset shall be deemed to be the fair market value of the asset which has
been taken into account for the purposes of the said Scheme.''.
Section 31 - Amendment of section 50C
In section
50C of the Income-tax Act, in sub-section (1), the following provisos
shall be inserted with effect from the 1st day of April, 2017, namely:--
"Provided
that where the date of the agreement fixing the amount of consideration and the
date of registration for the transfer of the capital asset are not the same,
the value adopted or assessed or assessable by the stamp valuation authority on
the date of agreement may be taken for the purposes of computing full value of
consideration for such transfer:
Provided
further that the first proviso shall apply only in a case where the amount of
consideration, or a part thereof, has been received by way of an account payee
cheque or account payee bank draft or by use of electronic clearing system
through a bank account, on or before the date of the agreement for
transfer.".
Section 32 - Insertion of new section 54EE
After section
54ED of the Income-tax Act, the following section shall be inserted with
effect from the 1st day of April, 2017, namely:--
'54EE. Capital
gain not to be charged on investment in units of a specified fund
(1)
Where the
capital gain arises from the transfer of a long-term capital asset (herein in
this section referred to as the original asset) and the assessee has, at any
time within a period of six months after the date of such transfer, invested
the whole or any part of capital gains in the long-term specified asset, the
capital gain shall be dealt with in accordance with the following provisions of
this section, namely:--
(a)
if the cost
of the long-term specified asset is not less than the capital gain arising from
the transfer of the original asset, the whole of such capital gain shall not be
charged under section 45;
(b)
if the cost
of the long-term specified asset is less than the capital gain arising from the
transfer of the original asset, so much of the capital gain as bears to the
whole of the capital gain the same proportion as the cost of acquisition of the
long-term specified asset bears to the whole of the capital gain, shall not be charged
under section 45:
Provided
that the investment made on or after the 1st day of April, 2016, in the
long-term specified asset by an assessee during any financial year does not
exceed fifty lakh rupees:
Provided
further that the investment made by an assessee in the long-term specified
asset, from capital gains arising from the transfer of one or more original
assets, during the financial year in which the original asset or assets are
transferred and in the subsequent financial year does not exceed fifty lakh
rupees.
(2)
Where the
long-term specified asset is transferred by the assessee at any time within a
period of three years from the date of its acquisition, the amount of capital
gains arising from the transfer of the original asset not charged under section
45 on the basis of the cost of such long-term specified asset as provided in
clause (a) or, as the case may be, clause (b) of sub-section (1) shall be
deemed to be the income chargeable under the head "Capital gains"
relating to long-term capital asset of the previous year in which the long-term
specified asset is transferred.
Explanation
1.--In a case where the original asset is transferred and the assessee
invests the whole or any part of the capital gain received or accrued as a
result of transfer of the original asset in any long-term specified asset and
such assessee takes any loan or advance on the security of such specified
asset, he shall be deemed to have transferred such specified asset on the date
on which such loan or advance is taken.
Explanation
2.--For the purposes of this section,--
(a)
"cost",
in relation to any long-term specified asset, means the amount invested in such
specified asset out of capital gains received or accruing as a result of the
transfer of the original asset;
(b)
"long-term
specified asset" means a unit or units, issued before the 1st day of
April, 2019, of such fund as may be notified by the Central Government in this
behalf.'.
Section 33 - Amendment of section 54GB
In section
54GB of the Income-tax Act, with effect from the 1st day of April, 2017,--
(a)
after
sub-section (5), the following proviso shall be inserted, namely:--
"Provided
that in case of an investment in eligible start-up, the provisions of this
sub-section shall have the effect as if for the figures, letters and words
"31st day of March, 2017", the figures, letters and words "31st
day of March, 2019" had been substituted;";
(b)
in
sub-section (6),--
(i)
in clause
(b),--
(A) in
sub-clause (ii), after the words "an article or a thing", the words
"or in an eligible business" shall be inserted;
(B) in
sub-clause (iv), after the words and figures "Micro, Small and Medium
Enterprises Act, 2006 (27 of 2006)", the words "or is an eligible
start-up" shall be inserted;
(ii)
after clause
(b), the following clause shall be inserted, namely:--
'(ba)
"eligible start-up" and "eligible business" shall have the
meanings respectively assigned to them in Explanation below sub-section (4) of
section 80-IAC.';
(iii)
after clause
(d), the following proviso shall be inserted, namely:--
"Provided
that in the case of an eligible start-up, being a technology driven start-up so
certified by the Inter-Ministerial Board of Certification notified by the
Central Government in the Official Gazette, the new asset shall include
computers or computer software.".
Section 34 - Amendment of section 55
In section
55 of the Income-tax Act, with effect from the 1st day of April, 2017,--
(i)
in
sub-section (1), in clause (b), in sub-clause (1), after the words "any
business", the words "or profession" shall be inserted;
(ii)
in
sub-section (2), in clause (a), after the words "any business", the
words "or profession" shall be inserted.
Section 35 - Amendment of section 56
In section
56 of the Income-tax Act, in sub-section (2), in clause (vii), in the
second proviso occurring after sub-clause (c), with effect from the 1st day of
April, 2017,--
(a)
in clause
(g), for the word, figures and letters "section 12AA", the words,
figures and letters "section 12AA; or" shall be substituted;
(b)
after clause
(g), the following clause shall be inserted, namely:--
"(h) by
way of transaction not regarded as transfer under clause (vicb) or clause (vid)
or clause (vii) of section 47.".
Section 36 - Amendment of section 80
In section
80 of the Income-tax Act, after the words, brackets and figures "sub-section
(2) of section 73", the words, brackets, figures and letter "or
sub-section (2) of section 73A" shall be inserted.
Section 37 - Amendment of section 80CCD
In section
80CCD of the Income-tax Act, in sub-section (3), the following proviso
shall be inserted with effect from the 1st day of April, 2017, namely:--
"Provided
that the amount received by the nominee, on the death of the assessee, under
the circumstances referred to in clause (a), shall not be deemed to be the
income of the nominee.".
Section 38 - Substitution of new section for section 80EE
For section
80EE of the Income-tax Act, the following section shall be substituted
with effect from the 1st day of April, 2017, namely:--
'80EE.
Deduction in respect of interest on loan taken for residential house property
(1)
In computing
the total income of an assessee, being an individual, there shall be deducted,
in accordance with and subject to the provisions of this section, interest
payable on loan taken by him from any financial institution for the purpose of
acquisition of a residential property.
(2)
The
deduction under sub-section (1) shall not exceed fifty thousand rupees and
shall be allowed in computing the total income of the individual for the
assessment year beginning on the 1st day of April, 2017 and subsequent
assessment years.
(3)
The
deduction under sub-section (1) shall be subject to the following conditions,
namely:--
(i)
the loan has
been sanctioned by the financial institution during the period beginning on the
1st day of April, 2016 and ending on the 31st day of March, 2017;
(ii)
the amount
of loan sanctioned for acquisition of the residential house property does not
exceed thirty-five lakh rupees;
(iii)
the value of
residential house property does not exceed fifty lakh rupees;
(iv)
the assessee
does not own any residential house property on the date of sanction of loan.
(4)
Where a
deduction under this section is allowed for any interest referred to in
sub-section (1), deduction shall not be allowed in respect of such interest
under any other provision of this Act for the same or any other assessment
year.
(5)
For the
purposes of this section,--
(a)
"financial
institution" means a banking company to which the Banking Regulation Act,
1949 (10 of 1949) applies, or any bank or banking institution referred to in section
51 of that Act or a housing finance company;
(b)
"housing
finance company" means a public company formed or registered in India with
the main object of carrying on the business of providing long-term finance for
construction or purchase of houses in India for residential purposes.'.
Section 39 - Amendment of section 80GG
In section
80GG of the Income-tax Act, for the words "two thousand rupees",
the words "five thousand rupees" shall be substituted with effect
from the 1st day of April, 2017.
Section 40 - Amendment of section 80-IA
In section
80-IA of the Income-tax Act, in sub-section (4), in clause (i), after the
proviso and before the Explanation, the following proviso shall be inserted
with effect from the 1st day of April, 2017, namely:--
"Provided
further that nothing contained in this section shall apply to any enterprise
which starts the development or operation and maintenance of the infrastructure
facility on or after the 1st day of April, 2017.".
Section 41 - Amendment of section 80-IAB
In section
80-IAB of the Income-tax Act, in sub-section (1), the following proviso
shall be inserted with effect from the 1st day of April, 2017, namely:--
"Provided
that the provisions of this section shall not apply to an assessee, being a
developer, where the development of Special Economic Zone begins on or after
the 1st day of April, 2017.".
Section 42 - Insertion of new section 80-IAC
After section
80-IAB of the Income-tax Act, the following section shall be inserted with
effect from the 1st day of April, 2017, namely:--
'80-IAC.
Special provision in respect of specified business
(1)
Where the
gross total income of an assessee, being an eligible start-up, includes any
profits and gains derived from eligible business, there shall, in accordance
with and subject to the provisions of this section, be allowed, in computing
the total income of the assessee, a deduction of an amount equal to one hundred
per cent. of the profits and gains derived from such business for three
consecutive assessment years.
(2)
The deduction
specified in sub-section (1) may, at the option of the assessee, be claimed by
him for any three consecutive assessment years out of five years beginning from
the year in which the eligible start-up is incorporated.
(3)
This section
applies to a start-up which fulfils the following conditions, namely:--
(I)
it is not
formed by splitting up, or the reconstruction, of a business already in
existence:
Provided
that this condition shall not apply in respect of a start-up which is formed as
a result of the re-establishment, reconstruction or revival by the assessee of
the business of any such undertaking as referred to in section 33B, in the
circumstances and within the period specified in that section;
(II)
it is not
formed by the transfer to a new business of machinery or plant previously used
for any purpose.
Explanation
1.--For the purposes of this clause, any machinery or plant which was used
outside India by any person other than the assessee shall not be regarded as
machinery or plant previously used for any purpose, if all the following
conditions are fulfilled, namely:--
(a)
such
machinery or plant was not, at any time previous to the date of the
installation by the assessee, used in India;
(b)
such
machinery or plant is imported into India;
(c)
no deduction
on account of depreciation in respect of such machinery or plant has been
allowed or is allowable under the provisions of this Act in computing the total
income of any person for any period prior to the date of the installation of
the machinery or plant by the assessee.
Explanation
2.--Where in the case of a start-up, any machinery or plant or any part thereof
previously used for any purpose is transferred to a new business and the total
value of the machinery or plant or part so transferred does not exceed twenty per
cent. of the total value of the machinery or plant used in the business, then,
for the purposes of clause (ii) of this sub-section, the condition specified
therein shall be deemed to have been complied with.
(4)
The
provisions of sub-section (5) and sub-sections (7) to (11) of section
80-IA shall apply to the start-ups for the purpose of allowing deductions
under sub-section (1).
Explanation.--For
the purposes of this section,--
(i)
"eligible
business" means a business which involves innovation, development, deployment
or commercialisation of new products, processes or services driven by
technology or intellectual property;
(ii)
"eligible
start-up" means a company or a limited liability partnership engaged in
eligible business which fulfils the following conditions, namely:--
(a)
it is
incorporated on or after the 1st day of April, 2016 but before the 1st day of
April, 2019;
(b)
the total
turnover of its business does not exceed twenty-five crore rupees in any of the
previous years beginning on or after the 1st day of April, 2016 and ending on
the 31st day of March, 2021;
(c)
it holds a
certificate of eligible business from the Inter-Ministerial Board of
Certification as notified in the Official Gazette by the Central Government;
and
(iii)
''limited
liability partnership'' means a partnership referred to in clause (n) of
sub-section (1) of section 2 of the Limited Liability Partnership
Act, 2008 (6 of 2009).'.
Section 43 - Amendment of section 80-IB
In section
80-IB of the Income-tax Act, in sub-section (9), with effect from the 1st
day of April, 2017,--
(a)
in clause
(ii), after the words, figures and letters "the 1st day of April,
1997", the words, figures and letters "but not later than the 31st
day of March, 2017" shall be inserted;
(b)
in clause
(iv), after the words, figures and letters "the 1st day of April,
2009", the words, figures and letters "but not later than the 31st
day of March, 2017" shall be inserted;
(c)
in clause
(v), after the words, figures and letters "the 1st day of April,
2009", the words, figures and letters "but not later than the 31st
day of March, 2017" shall be inserted.
Section 44 - Insertion of new section 80-IBA
After section
80-IB of the Income-tax Act, the following section shall be inserted with
effect from the 1st day of April, 2017, namely:--
'80-IBA.
Deductions in respect of profits and gains from housing projects
(1)
Where the
gross total income of an assessee includes any profits and gains derived from
the business of developing and building housing projects, there shall, subject
to the provisions of this section, be allowed, a deduction of an amount equal
to hundred per cent. of the profits and gains derived from such business.
(2)
For the
purposes of sub-section (1), a housing project shall be a project which fulfils
the following conditions, namely:--
(i)
the project
is approved by the competent authority after the 1st day of June, 2016, but on
or before the 31st day of March, 2019;
(ii)
the project
is completed within a period of three years from the date of approval by the
competent authority:
Provided
that,--
(i)
where the
approval in respect of a housing project is obtained more than once, the
project shall be deemed to have been approved on the date on which the building
plan of such housing project was first approved by the competent authority; and
(ii)
the project
shall be deemed to have been completed when a certificate of completion of
project as a whole is obtained in writing from the competent authority;
(iii)
the built-up
area of the shops and other commercial establishments included in the housing
project does not exceed three per cent. of the aggregate built-up area;
(iv)
the project
is on a plot of land measuring not less than--
(i) one
thousand square metres, where the project is located within the cities of
Chennai, Delhi, Kolkata or Mumbai or within the distance, measured aerially, of
twenty-five kilometres from the municipal limits of these cities; or
(ii) two
thousand square metres, where the project is located in any other place;
(v)
the project
is the only housing project on the plot of land as specified in clause (d);
(vi)
the built-up
area of the residential unit comprised in the housing project does not exceed--
(i)
thirty
square metres, where the project is located within the cities of Chennai,
Delhi, Kolkata or Mumbai or within the distance, measured aerially, of
twenty-five kilometres from the municipal limits of these cities; or
(ii)
sixty square
metres, where the project is located in any other place;
(vii)
where a
residential unit in the housing project is allotted to an individual, no other
residential unit in the housing project shall be allotted to the individual or
the spouse or the minor children of such individual;
(viii)
the project
utilises--
(i)
not less
than ninety per cent. of the floor area ratio permissible in respect of the
plot of land under the rules to be made by the Central Government or the State
Government or the local authority, as the case may be, where the project is
located within the cities of Chennai, Delhi, Kolkata or Mumbai or within the
distance, measured aerially, of twenty-five kilometres from the municipal limits
of these cities, or
(ii)
not less
than eighty per cent. of such floor area ratio where such project is located in
any place other than the place referred to in sub-clause (i); and
(ix)
the assessee
maintains separate books of account in respect of the housing project.
(3)
Nothing
contained in this section shall apply to any assessee who executes the housing
project as a works-contract awarded by any person (including the Central
Government or the State Government).
(4)
Where the
housing project is not completed within the period specified under clause (b)
of sub-section (2) and in respect of which a deduction has been claimed and
allowed under this section, the total amount of deduction so claimed and
allowed in one or more previous years, shall be deemed to be the income of the
assessee chargeable under the head "Profits and gains of business or
profession" of the previous year in which the period for completion so
expires.
(5)
Where any
amount of profits and gains derived from the business of developing and
building housing projects is claimed and allowed under this section for any
assessment year, deduction to the extent of such profit and gains shall not be
allowed under any other provisions of this Act.
(6)
For the
purposes of this section,--
(a)
"built-up
area" means the inner measurements of the residential unit at the floor
level, including projections and balconies, as increased by the thickness of
the walls, but does not include the common areas shared with other residential
units, including any open terrace so shared;
(b)
"competent
authority" means the authority empowered to approve the building plan by
or under any law for the time being in force;
(c)
"floor
area ratio" means the quotient obtained by dividing the total covered area
of plinth area on all the floors by the area of the plot of land;
(d)
"housing
project" means a project consisting predominantly of residential units
with such other facilities and amenities as the competent authority may approve
subject to the provisions of this section;
(e)
"residential
unit" means an independent housing unit with separate facilities for
living, cooking and sanitary requirements, distinctly separated from other
residential units within the building, which is directly accessible from an
outer door or through an interior door in a shared hallway and not by walking
through the living space of another household.'.
Section 45 - Substitution of new section for section 80JJAA
For section
80JJAA of the Income-tax Act, the following section shall be substituted
with effect from the 1st day of April, 2017, namely:--
'80JJAA.
Deduction in respect of employment of new employees
(1)
Where the
gross total income of an assessee to whom section 44AB applies,
includes any profits and gains derived from business, there shall, subject to
the conditions specified in sub-section (2), be allowed a deduction of an
amount equal to thirty per cent. of additional employee cost incurred in the
course of such business in the previous year, for three assessment years
including the assessment year relevant to the previous year in which such
employment is provided.
(2)
No deduction
under sub-section (1) shall be allowed,--
(a)
if the
business is formed by splitting up, or the reconstruction, of an existing
business:
Provided
that nothing contained in this clause shall apply in respect of a business
which is formed as a result of re-establishment, reconstruction or revival by
the assessee of the business in the circumstances and within the period
specified in section 33B;
(b)
if the
business is acquired by the assessee by way of transfer from any other person
or as a result of any business reorganisation;
(c)
unless the
assessee furnishes along with the return of income the report of the
accountant, as defined in the Explanation to section 288 giving such
particulars in the report as may be prescribed.
Explanation.--For
the purposes of this section,--
(i)
"additional
employee cost" means the total emoluments paid or payable to additional
employees employed during the previous year:
Provided
that in the case of an existing business, the additional employee cost shall be
nil, if--
(a)
there is no
increase in the number of employees from the total number of employees employed
as on the last day of the preceding year;
(b)
emoluments
are paid otherwise than by an account payee cheque or account payee bank draft
or by use of electronic clearing system through a bank account:
Provided
further that in the first year of a new business, emoluments paid or payable to
employees employed during that previous year shall be deemed to be the
additional employee cost;
(ii)
"additional
employee" means an employee who has been employed during the previous year
and whose employment has the effect of increasing the total number of employees
employed by the employer as on the last day of the preceding year, but does not
include--
(a)
an employee
whose total emoluments are more than twenty-five thousand rupees per month; or
(b)
an employee
for whom the entire contribution is paid by the Government under the Employees'
Pension Scheme notified in accordance with the provisions of the Employees'
Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952); or
(c)
an employee
employed for a period of less than two hundred and forty days during the
previous year; or
(d)
an employee
who does not participate in the recognised provident fund;
(iii)
"emoluments"
means any sum paid or payable to an employee in lieu of his employment by
whatever name called, but does not include--
(a)
any
contribution paid or payable by the employer to any pension fund or provident
fund or any other fund for the benefit of the employee under any law for the
time being in force; and
(b)
any lump-sum
payment paid or payable to an employee at the time of termination of his
service or superannuation or voluntary retirement, such as gratuity, severance
pay, leave encashment, voluntary retrenchment benefits, commutation of pension
and the like.
(3)
The
provisions of this section, as they stood immediately prior to their amendment
by the Finance Act, 2016, shall apply to an assessee eligible to claim any
deduction for any assessment year commencing on or before the 1st day of April,
2016.'.
Section 46 - Amendment of section 87A
In section
87A of the Income-tax Act, for the words "two thousand rupees",
the words "five thousand rupees" shall be substituted with effect
from the 1st day of April, 2017.
Section 47 - Amendment of section 92CA
In section
92CA of the Income-tax Act, in sub-section (3A), the following proviso
shall be inserted with effect from the 1st day of June, 2016, namely:--
"Provided
that in the circumstances referred to in clause (ii) or clause (x) of
Explanation (1) to section 153, if the period of limitation available to the
Transfer Pricing Officer for making an order is less than sixty days, such
remaining period shall be extended to sixty days and the aforesaid period of
limitation shall be deemed to have been extended accordingly.".
Section 48 - Amendment of section 92D
In section
92D of the Income-tax Act, with effect from the 1st day of April, 2017,--
(i)
in
sub-section (1), the following shall be inserted, namely:--
'Provided
that the person, being a constituent entity of an international group, shall
also keep and maintain such information and document in respect of an
international group as may be prescribed.
Explanation.--For
the purposes of this section,--
(A)
"constituent
entity" shall have the meaning assigned to it in clause (d) of sub-section
(9) of section 286;
(B)
"international
group" shall have the meaning assigned to it in clause (g) of sub-section
(9) of section 286.';
(ii)
after
sub-section (3), the following sub-section shall be inserted, namely:--
"(4)
Without prejudice to the provisions of sub-section (3), the person referred to
in the proviso to sub-section (1) shall furnish the information and document
referred to in the said proviso to the authority prescribed under sub-section
(1) of section 286, in such manner, on or before the date, as may be
prescribed.".
Section 49 - Amendment of section 111A
In section
111A of the Income-tax Act with effect from the 1st day of April, 2017,--
(i)
in
sub-section (1), after the proviso, the following proviso shall be inserted,
namely:--
''Provided
further that nothing contained in clause (b) shall apply to a transaction
undertaken on a recognised stock exchange located in any International
Financial Services Centre and where the consideration for such transaction is
paid or payable in foreign currency.'';
(ii)
for the
Explanation below sub-section (3), the following shall be substituted,
namely:--
'Explanation.--For
the purposes of this section,--
(a)
''equity
oriented fund'' shall have the meaning assigned to it in the Explanation to
clause (38) of section 10;
(b)
''International
Financial Services Centre'' shall have the same meaning as assigned to it in
clause (q) of section 2 of the Special Economic Zones Act, 2005 (28
of 2005);
(c)
''recognised
stock exchange'' shall have the meaning assigned to it in clause (ii) of
Explanation 1 to sub-section (5) of section 43.'.
Section 50 - Amendment of section 112
In section
112 of the Income-tax Act, in sub-section (1), in clause (c), in sub-clause
(iii), for the words "unlisted securities", the words "unlisted
securities or shares of a company not being a company in which the public are
substantially interested" shall be substituted [2][and
shall be deemed to have been substituted with effect from the 1st day of April,
2013].
Section 51 - Insertion of new section 115BA
After section
115B of the Income-tax Act, with effect from the 1st day of April, 2017,
the following section shall be inserted, namely:--
"115BA.
Tax on income of certain domestic companies
(2)
Notwithstanding
anything contained in this Act but subject to the provisions of section
111A and section 112, the income-tax payable in respect of the total
income of a person, being a domestic company, for any previous year relevant to
the assessment year beginning on or after the 1st day of April, 2017, shall, at
the option of such person, be computed at the rate of twenty-five per cent., if
the conditions contained in sub-section (2) are satisfied.
(3)
For the
purposes of sub-section (1), the following conditions shall apply, namely:--
(a)
the company
has been set-up and registered on or after the 1st day of March, 2016;
(b)
the company
is not engaged in any business other than the business of manufacture or
production of any article or thing and research in relation to, or distribution
of, such article or thing manufactured or produced by it; and
(c)
the total
income of the company has been computed,--
(i)
without any
deduction under the provisions of section 10AA or clause (iia) of
sub-section (1) of section 32 or section
32AC or section 32AD or section 33AB or section
33ABA or sub-clause (ii) or sub-clause (iia) or sub-clause (iii) of
sub-section (1) or sub-section (2AA) or sub-section (2AB) of section 35 or section
35AC or section 35AD or section 35CCC or section
35CCD or under any provisions of Chapter VI-A under the heading
"C.--Deductions in respect of certain incomes" other than the
provisions of section 80JJAA;
(ii)
without set
off of any loss carried forward from any earlier assessment year if such loss
is attributable to any of the deductions referred to in sub-clause (i); and
(iii)
depreciation
under section 32, other than clause (iia) of sub-section (1) of the said
section, is determined in the manner as may be prescribed.
(4)
The loss
referred to in sub-clause (ii) of clause (c) of sub-section (2) shall be deemed
to have been already given full effect to and no further deduction for such
loss shall be allowed for any subsequent year.
(5)
Nothing
contained in this section shall apply unless the option is exercised by the
person in the prescribed manner on or before the due date specified under
sub-section (1) of section 139 for furnishing the first of the
returns of income which the person is required to furnish under the provisions
of this Act:
Provided
that once the option has been exercised for any previous year, it cannot be
subsequently withdrawn for the same or any other previous year.
Section 52 - Insertion of new section 115BBDA
After section
115BBD of the Income-tax Act, the following section shall be inserted with
effect from the 1st day of April, 2017, namely:--
'115BBDA.
Tax on certain dividends received from domestic companies
(1)
Notwithstanding
anything contained in this Act, where the total income of an assessee, being an
individual, a Hindu undivided family or a firm, resident in India, includes any
income in aggregate exceeding ten lakh rupees, by way of dividends declared,
distributed or paid by a domestic company or companies, the income-tax payable
shall be the aggregate of--
(a)
the amount
of income-tax calculated on the income by way of such dividends in aggregate
exceeding ten lakh rupees, at the rate of ten per cent.; and
(b)
the amount
of income-tax with which the assessee would have been chargeable had the total
income of the assessee been reduced by the amount of income by way of
dividends.
(2)
No deduction
in respect of any expenditure or allowance or set off of loss shall be allowed
to the assessee under any provision of this Act in computing the income by way
of dividends referred to in clause (a) of sub-section (1).
(3)
In this
section, "dividends" shall have the same meaning as is given to
"dividend" in clause (22) of section 2 but shall not include
sub-clause (e) thereof.'.
Section 53 - Amendment of section 115BBE
In section
115BBE of the Income-tax Act, in sub-section (2), after the word
"allowance", the words "or set off of any loss" shall be
inserted with effect from the 1st day of April, 2017.
Section 54 - Insertion of new section 115BBF
After section
115BBE of the Income-tax Act, the following section shall be inserted with
effect from the 1st day of April, 2017, namely:--
'115BBF. Tax
on income from patent
(1)
Where the
total income of an eligible assessee includes any income by way of royalty in
respect of a patent developed and registered in India, the income-tax payable
shall be the aggregate of--
(a)
the amount
of income-tax calculated on the income by way of royalty in respect of the
patent at the rate of ten per cent.; and
(b)
the amount
of income-tax with which the assessee would have been chargeable had his total
income been reduced by the income referred to in clause (a).
(2)
Notwithstanding
anything contained in this Act, no deduction in respect of any expenditure or
allowance shall be allowed to the eligible assessee under any provision of this
Act in computing his income referred to in clause (a) of sub-section (1).
(3)
The eligible
assessee may exercise the option for taxation of income by way of royalty in
respect of a patent developed and registered in India in accordance with the
provisions of this section, in the prescribed manner, on or before the due date
specified under sub-section (1) of section 139 for furnishing the return of
income for the relevant previous year.
(4)
Where an
eligible assessee opts for taxation of income by way of royalty in respect of a
patent developed and registered in India for any previous year in accordance
with the provisions of this section and the assessee offers the income for
taxation for any of the five assessment years relevant to the previous year
succeeding the previous year not in accordance with the provisions of
sub-section (1), then, the assessee shall not be eligible to claim the benefit
of the provisions of this section for five assessment years subsequent to the
assessment year relevant to the previous year in which such income has not been
offered to tax in accordance with the provisions of sub-section (1).
Explanation.--For
the purposes of this section,--
(a)
"developed"
means at least seventy-five per cent. of the expenditure incurred in India by
the eligible assessee for any invention in respect of which a patent is granted
under the Patents Act, 1970 (39 of 1970) (herein referred to as the Patents
Act);
(b)
"eligible
assessee" means a person resident in India and who is a patentee;
(c)
"invention"
shall have the meaning assigned to it in clause (j) of sub-section (1)
of section 2 of the Patents Act;
(d)
"lump
sum" includes an advance payment on account of such royalties which is not
returnable;
(e)
"patent"
shall have the meaning assigned to it in clause (m) of sub-section (1)
of section 2 of the Patents Act;
(f)
"patentee"
means the person, being the true and first inventor of the invention, whose
name is entered on the patent register as the patentee, in accordance with the
Patents Act, and includes every such person, being the true and first inventor
of the invention, where more than one person is registered as patentee under
that Act in respect of that patent;
(g)
"patented
article" and "patented process" shall have the meanings
respectively assigned to them in clause (o) of sub-section (1) of section
2 of the Patents Act;
(h)
"royalty",
in respect of a patent, means consideration (including any lump sum
consideration but excluding any consideration which would be the income of the
recipient chargeable under the head "Capital gains" or consideration
for sale of product manufactured with the use of patented process or the
patented article for commercial use) for the--
(i)
transfer of
all or any rights (including the granting of a licence) in respect of a patent;
or
(ii)
imparting of
any information concerning the working of, or the use of, a patent; or
(iv)
use of any
patent; or
(v)
rendering of
any services in connection with the activities referred to in sub-clauses (i)
to (iii);
(i)
"true
and first inventor" shall have the meaning assigned to it in clause (y) of
sub-section (1) of section 2 of the Patents Act.'.
Section 55 - Amendment of section 115JB
In section
115JB of the Income-tax Act,--
(I)
after
sub-section (2),--
(a)
in
Explanation 1, with effect from the 1st day of April, 2017,--
(i)
after clause
(fc), the following clause shall be inserted, namely:--
"(fd)
the amount or amounts of expenditure relatable to income by way of royalty in
respect of patent chargeable to tax under section 115BBF; or";
(ii)
in the long
line,--
(A)
in clause
(iif), for the words "may be;" occurring at the end, the words
"may be; or" shall be substituted;
(B)
after clause
(iif), the following clause shall be inserted, namely:--
"(iig) the amount of income by way of royalty in respect of patent
chargeable to tax under section 115BBF;";
(b)
Explanation
4 shall be renumbered as Explanation 5 thereof and before Explanation 5 as so
renumbered, the following Explanation shall be inserted and shall be deemed to
have been inserted with effect from the 1st day of April, 2001, namely:--
"Explanation
4.--For the removal of doubts, it is hereby clarified that the
provisions of this section shall not be applicable and shall be deemed never to
have been applicable to an assessee, being a foreign company, if--
(i)
the assessee
is a resident of a country or a specified territory with which India has an
agreement referred to in subsection (1) of section 90 or the Central Government
has adopted any agreement under sub-section (1) of section 90A and the assessee
does not have a permanent establishment in India in accordance with the
provisions of such agreement; or
(ii)
the assessee
is a resident of a country with which India does not have an agreement of the
nature referred to in clause (i) and the assessee is not required to seek
registration under any law for the time being in force relating to
companies.";
(II)
after
sub-section (6), the following sub-section shall be inserted with effect from
the 1st day of April, 2017, namely:--
'(7)
Notwithstanding anything contained in sub-section (1), where the assessee
referred to therein, is a unit located in an International Financial Services
Centre and derives its income solely in convertible foreign exchange, the
provisions of sub-section (1) shall have the effect as if for the words
"eighteen and one-half per cent." wherever occurring in that
sub-section, the words "nine per cent." had been substituted.
Explanation.--For
the purposes of this sub-section,--
(a)
"International
Financial Services Centre" shall have the same meaning as assigned to it
in clause (q) of section 2 of the Special Economic Zones Act, 2005
(28 of 2005);
(b)
"unit"
means a unit established in an International Financial Services Centre;
(c)
"convertible
foreign exchange" means a foreign exchange which is for the time being
treated by the Reserve Bank of India as convertible foreign exchange for the
purposes of the Foreign Exchange Management Act, 1999 (42 of 1999) and the
rules made thereunder.'.
Section 56 - Insertion of new Chapter XII-BC
After
Chapter XII-BB of the Income-tax Act, the following Chapter shall be inserted
with effect from the 1st day of April, 2017, namely:--
"CHAPTER XII-BC
SPECIAL PROVISIONS RELATING TO FOREIGN COMPANY SAID TO BE RESIDENT IN
INDIA
115JH.
Foreign company said to be resident in India
(1)
Where a
foreign company is said to be resident in India in any previous year and such
foreign company has not been resident in India in any of the previous years
preceding the said previous year, then, notwithstanding anything contained in
this Act and subject to the conditions as may be notified by the Central
Government in this behalf, the provisions of this Act relating to the
computation of total income, treatment of unabsorbed depreciation, set off or
carry forward and set off of losses, collection and recovery and special
provisions relating to avoidance of tax shall apply with such exceptions,
modifications and adaptations as may be specified in that notification for the
said previous year:
Provided
that where the determination regarding foreign company to be resident in India
has been made in the assessment proceedings relevant to any previous year,
then, the provisions of this sub-section shall also apply in respect of any
other previous year, succeeding such previous year, if the foreign company is
resident in India in that previous year and the previous year ends on or before
the date on which such assessment proceeding is completed.
(2)
Where, in a
previous year, any benefit, exemption or relief has been claimed and granted to
the foreign company in accordance with the provisions of sub-section (1), and,
subsequently, there is failure to comply with any of the conditions specified
in the notification issued under sub-section (1), then,--
(i)
such
benefit, exemption or relief shall be deemed to have been wrongly allowed;
(ii)
the
Assessing Officer may, notwithstanding anything contained in this Act,
re-compute the total income of the assessee for the said previous year and make
the necessary amendment as if the exceptions, modifications and adaptations
referred to in sub-section (1) did not apply; and
(iii)
the
provisions of section 154 shall, so far as may be, apply thereto and the period
of four years specified in sub-section (7) of that section being reckoned from
the end of the previous year in which the failure to comply with the conditions
referred to in sub-section (1) takes place.
(3)
Every
notification issued under this section shall be laid before each House of
Parliament."..
Section 57 - Amendment of section 115-O
In section
115-O of the Income-tax Act,--
(a)
after
sub-section (6), the following sub-section shall be inserted, with effect from
the 1st day of June, 2016, namely:--
'(7) No tax
on distributed profits shall be chargeable under this section in respect of any
amount declared, distributed or paid by the specified domestic company by way
of dividends (whether interim or otherwise) to a business trust out of its
current income on or after the specified date:
Provided
that nothing contained in this sub-section shall apply in respect of any amount
declared, distributed or paid, at any time, by the specified domestic company
by way of dividends (whether interim or otherwise) out of its accumulated
profits and current profits up to the specified date.
Explanation.--For
the purposes of this sub-section,--
(a)
"specified
domestic company" means a domestic company in which a business trust has
become the holder of whole of the nominal value of equity share capital of the
company (excluding the equity share capital required to be held mandatorily by
any other person in accordance with any law for the time being in force or any
directions of Government or any regulatory authority, or equity share capital
held by any Government or Government body);
(b)
"specified
date" means the date of acquisition by the business trust of such holding
as is referred to in clause (a).';(b) after sub-section (7) as so inserted, the
following sub-section shall be inserted with effect from the 1st day of April,
2017, namely:--
'(8)
Notwithstanding anything contained in this section, no tax on distributed
profits shall be chargeable in respect of the total income of a company, being
a unit of an International Financial Services Centre, deriving income solely in
convertible foreign exchange, for any assessment year on any amount declared,
distributed or paid by such company, by way of dividends (whether interim or
otherwise) on or after the 1st day of April, 2017, out of its current income,
either in the hands of the company or the person receiving such dividend.
Explanation.--For
the purposes of this sub-section,--
(a)
"International
Financial Services Centre" shall have the same meaning as assigned to it
in clause (q) of section 2 of the Special Economic Zones Act, 2005
(28 of 2005);
(b)
"unit"
means a unit established in an International Financial Services Centre, on or
after the 1st day of April, 2016;
(c)
"convertible
foreign exchange" means foreign exchange which is for the time being
treated by the Reserve Bank of India as convertible foreign exchange for the
purposes of the Foreign Exchange Management Act, 1999 (42 of 1999) and the
rules made thereunder.'.
Section 58 - Amendment of section 115QA
In section
115QA of the Income-tax Act, in sub-section (1), in the Explanation, with
effect from the 1st day of June, 2016,--
(a)
in clause
(i), for the words, figures and letter "section 77A of the Companies
Act, 1956 (1 of 1956)", the words "any law for the time being in
force relating to companies" shall be substituted;
(b)
in clause
(ii), for the words "the amount which was received by the company for issue
of such shares", the words "the amount, which was received by the
company for issue of such shares, determined in the manner as may be
prescribed" shall be substituted.
Section 59 - Amendment of section 115TA
In section
115TA of the Income-tax Act, after sub-section (4), the following
subsection shall be inserted with effect from the 1st day of June, 2016,
namely:--
"(5)
Nothing contained in this section shall apply in respect of any income
distributed by a securitisation trust to its investors on or after the 1st day
of June, 2016.".
Section 60 - Amendment of section 115TC
In section
115TC of the Income-tax Act, in the Explanation, with effect from the 1st
day of June, 2016,--
(A)
in clause
(a), after the words "or securities", the words "or security receipt"
shall be inserted;
(B)
in clause
(d),--
(I)
in
sub-clause (ii), after the words " Reserve Bank of India,", the word
"; or" shall be inserted;
(II)
after
sub-clause (ii) and before the long line, the following sub-clause shall be
inserted, namely:--
"(iii)
trust set-up by a securitisation company or a reconstruction company formed,
for the purposes of the Securitisation and Reconstruction of Financial Assets
and Enforcement of Security Interest Act, 2002 (54 of 2002), or in pursuance of
any guidelines or directions issued for the said purposes by the Reserve Bank
of India,";
(C)
after clause
(d), the following clause shall be inserted, namely:--
'(e)
"security receipt" shall have the same meaning as assigned to it in
clause (zg) of sub-section (1) of section 2 of the Securitisation and
Reconstruction of Financial Assets and Enforcement of Security Interest Act,
2002 (54 of 2002).'.
Section 61 - Insertion of new section 115TCA
After section
115TC of the Income-tax Act and before the Explanation occurring after the
said section, the following section shall be inserted with effect from the 1st
day of April, 2017, namely:--
"115TCA.
Tax on income from securitisation trusts
(1)
Notwithstanding
anything contained in this Act, any income accruing or arising to, or received
by, a person, being an investor of a securitisation trust, out of investments
made in the securitisation trust, shall be chargeable to income-tax in the same
manner as if it were the income accruing or arising to, or received by, such
person, had the investments by the securitisation trust been made directly by
him.
(2)
The income
paid or credited by the securitisation trust shall be deemed to be of the same
nature and in the same proportion in the hands of the person referred to in
sub-section (1), as if it had been received by, or had accrued or arisen to,
the securitisation trust during the previous year.
(3)
The income
accruing or arising to, or received by, the securitisation trust, during a
previous year, if not paid or credited to the person referred to in sub-section
(1), shall be deemed to have been credited to the account of the said person on
the last day of the previous year in the same proportion in which such person
would have been entitled to receive the income had it been paid in the previous
year.
(4)
The person
responsible for crediting or making payment of the income on behalf of
securitisation trust and the securitisation trust shall furnish, within such
period, as may be prescribed, to the person who is liable to tax in respect of
such income and to the prescribed income-tax authority, a statement in such
form and verified in such manner, giving details of the nature of the income
paid or credited during the previous year and such other relevant details, as
may be prescribed.
(5)
Any income
which has been included in the total income of the person referred to in
sub-section (1), in a previous year, on account of it having accrued or arisen
in the said previous year, shall not be included in the total income of such
person in the previous year in which such income is actually paid to him by the
securitisation trust.".
Section 62 -
After
Chapter XII-EA of the Income-tax Act, the following Chapter shall be inserted
with effect from the 1st day of June, 2016, namely:--
'CHAPTER XII-EB
SPECIAL PROVISIONS RELATING TO TAX ON ACCRETED INCOME OF CERTAIN TRUSTS
AND INSTITUTIONS
115TD. Tax
on accreted income
(1)
Notwithstanding
anything contained in this Act, where in any previous year, a trust or
institution registered under section 12AA has--
(a)
converted
into any form which is not eligible for grant of registration
under section 12AA;
(b)
merged with
any entity other than an entity which is a trust or institution having objects
similar to it and registered under section 12AA; or
(c)
failed to
transfer upon dissolution all its assets to any other trust or institution
registered under section 12AA or to any fund or institution or trust
or any university or other educational institution or any hospital or other
medical institution referred to in sub-clause (iv) or sub-clause (v) or
sub-clause (vi) or sub-clause (via) of clause (23C) of section 10, within
a period of twelve months from the end of the month in which the dissolution
takes place, then, in addition to the income-tax chargeable in respect of the
total income of such trust or institution, the accreted income of the trust or
the institution as on the specified date shall be charged to tax and such trust
or institution, as the case may be, shall be liable to pay additional income-tax
(herein referred to as tax on accreted income) at the maximum marginal rate on
the accreted income.
(2)
The accreted
income for the purposes of sub-section (1) means the amount by which the
aggregate fair market value of the total assets of the trust or the
institution, as on the specified date, exceeds the total liability of such
trust or institution computed in accordance with the method of valuation as may
be prescribed:
Provided
that so much of the accreted income as is attributable to the following asset
and liability, if any, related to such asset shall be ignored for the purposes
of sub-section (1), namely:--
(i)
any asset
which is established to have been directly acquired by the trust or institution
out of its income of the nature referred to in clause (1) of section 10;
(ii)
any asset
acquired by the trust or institution during the period beginning from the date
of its creation or establishment and ending on the date from which the
registration under section 12AA became effective, if the trust or
institution had not been allowed any benefit of sections
11 and 12 during the said period:
Provided
further that where due to the first proviso to sub-section (2) of section
12A, the benefit of sections 11 and 12 have been allowed to
the trust or the institution in respect of any previous year or years beginning
prior to the date from which the registration under section 12AA is
effective, then, for the purposes of clause (ii) of the first proviso, the
registration shall be deemed to have become effective from the first day of the
earliest previous year:
Provided
also that while computing the accreted income in respect of a case referred to
in clause (c) of sub-section (1), assets and liabilities, if any, related to
such asset, which have been transferred to any other trust or institution
registered under section 12AA or to any fund or institution or trust
or any university or other educational institution or any hospital or other
medical institution referred to in sub-clause (iv) or sub-clause (v) or sub-clause
(vi) or sub-clause (via) of clause (23C) of section 10, within the period
specified in the said clause, shall be ignored.
(3)
For the
purposes of sub-section (1), a trust or an institution shall be deemed to have
been converted into any form not eligible for registration under section
12AA in a previous year, if,--
(i)
the
registration granted to it under section 12AA has been cancelled; or
(ii)
it has
adopted or undertaken modification of its objects which do not conform to the
conditions of registration and it,--
(a)
has not
applied for fresh registration under section 12AA in the said
previous year; or
(b)
has filed
application for fresh registration under section 12AA but the said
application has been rejected.
(4)
Notwithstanding
that no income-tax is payable by a trust or the institution on its total income
computed in accordance with the provisions of this Act, the tax on the accreted
income under sub-section (1) shall be payable by such trust or the institution.
(5)
The
principal officer or the trustee of the trust or the institution, as the case
may be, and the trust or the institution shall also be liable to pay the tax on
accreted income to the credit of the Central Government within fourteen days
from,--
(i)
the date on
which,--
(a)
the period
for filing appeal under section 253 against the order cancelling the
registration expires and no appeal has been filed by the trust or the
institution; or
(b)
the order in
any appeal, confirming the cancellation of the registration, is received by the
trust or institution, in a case referred to in clause (i) of sub-section
(3);
(ii)
the end of
the previous year in a case referred to in sub-clause (a) of clause (ii) of
sub-section (3);
(iii)
the date on
which,--
(a)
the period
for filing appeal under section 253 against the order rejecting the
application expires and no appeal has been filed by the trust or the
institution; or
(b)
the order in
any appeal, confirming the cancellation of the application, is received by the
trust or institution, in a case referred to in sub-clause (b) of clause
(ii) of sub-section (3);
(iv)
the date of
merger in a case referred to in clause (b) of sub-section (1);
(v)
the date on
which the period of twelve months referred to in clause (c) of sub-section (1)
expires.
(6)
The tax on
the accreted income by the trust or the institution shall be treated as the
final payment of tax in respect of the said income and no further credit
therefor shall be claimed by the trust or the institution or by any other
person in respect of the amount of tax so paid.
(7)
No deduction
under any other provision of this Act shall be allowed to the trust or the
institution or any other person in respect of the income which has been charged
to tax under sub-section (1) or the tax thereon.
Explanation.--For
the purposes of this section,--
(i)
"date
of conversion" means,--
(a)
the date of
the order cancelling the registration under section 12AA, in a case
referred to in clause (i) of sub-section (3); or
(b)
the date of
adoption or modification of any object, in a case referred to in clause (ii) of
sub-section (3);
(ii)
"specified
date" means,--
(a)
the date of
conversion in a case falling under clause (a) of sub-section (1);
(b)
the date of
merger in a case falling under clause (b) of subsection (1); and
(c)
the date of
dissolution in a case falling under clause (c) of sub-section (1);
(iii)
registration
under section 12AA shall include any registration obtained
under section 12A as it stood before its amendment by the Finance
(No. 2) Act, 1996 (33 of 1996).
115TE.
Interest payable for non-payment of tax by trust or institution
Where the
principal officer or the trustee of the trust or the institution and the trust
or the institution fails to pay the whole or any part of the tax on the
accreted income referred to in sub-section (1) of section 115TD, within
the time allowed under sub-section (5) of that section, he or it shall be
liable to pay simple interest at the rate of one per cent. for every month or
part thereof on the amount of such tax for the period beginning on the date
immediately after the last date on which such tax was payable and ending with
the date on which the tax is actually paid.
115TF. When
trust or institution is deemed to be assessee in default
(1)
If any
principal officer or the trustee of the trust or the institution and the trust
or the institution does not pay tax on accreted income in accordance with the
provisions of section 115TD, then, he or it shall be deemed to be an
assessee in default in respect of the amount of tax payable by him or it and
all the provisions of this Act for the collection and recovery of income-tax shall
apply.
(2)
Notwithstanding
anything contained in sub-section (1), in a case where the tax on accreted
income is payable under the circumstances referred to in clause (c) of
sub-section (1) of section 115TD, the person to whom any asset forming
part of the computation of accreted income under sub-section (2) thereof has
been transferred, shall be deemed to be an assessee in default in respect of
such tax and interest thereon and all the provisions of this Act for the
collection and recovery of income-tax shall apply:
Provided
that the liability of the person referred to in this sub-section shall be
limited to the extent to which the asset received by him is capable of meeting
the liability.'.
Section 63 - Amendment of section 115UA
In section
115UA of the Income-tax Act, in sub-section (3), for the words, brackets,
figures and letters "in clause (23FC)", the words, brackets, letters
and figures "in sub-clause (a) of clause (23FC)" shall be substituted
with effect from the 1st day of April, 2017.
Section 64 - Amendment of section 119
In section
119 of the Income-tax Act, in sub-section (2), in clause (a), after the
figures and letter "234E", the figures and letter "270A,"
shall be inserted with effect from the 1st day of April, 2017.
Section 65 - Amendment of section 124
In section
124 of the Income-tax Act, in sub-section (3), after clause (b), the
following clause shall be inserted with effect from the 1st day of June, 2016,
namely:--
"(c)
where an action has been taken under section 132 or section
132A, after the expiry of one month from the date on which he was served with a
notice under sub-section (1) of section 153A or sub-section (2)
of section 153C or after the completion of the assessment, whichever
is earlier.".
Section 66 - Amendment of section 133C
Section
133C of the Income-tax Act shall be renumbered as sub-section (1) thereof
and after sub-section (1) as so renumbered, the following sub-section shall be
inserted with effect from the 1st day of June, 2016, namely:--
"(2)
Where any information or document has been received in response to a notice
issued under sub-section (1), the prescribed income-tax authority may process
such information or document and make available the outcome of such processing
to the Assessing Officer.".
Section 67 -
In section
139 of the Income-tax Act,--
(i)
in
sub-section (1), in the sixth proviso, for the words, figures and letter
"provisions of section 10A", the words, brackets, figures and
letter "provisions of clause (38) of section 10 or section
10A" shall be substituted with effect from the 1st day of April, 2017;
(ii)
in
sub-section (3), after the words, brackets and figures "sub-section (2)
of section 73", the words, brackets, figures and letter "or
sub-section (2) of section 73A" shall be inserted;
(iii)
with effect
from the 1st day of April, 2017,--
(a)
for
sub-section (4), the following sub-section shall be substituted, namely:--
"(4)
Any person who has not furnished a return within the time allowed to him under
sub-section (1), may furnish the return for any previous year at any time
before the end of the relevant assessment year or before the completion of the
assessment, whichever is earlier.";
(b)
for
sub-section (5), the following sub-section shall be substituted, namely:--
"(5) If
any person, having furnished a return under sub-section (1) or sub-section (4),
discovers any omission or any wrong statement therein, he may furnish a revised
return at any time before the expiry of one year from the end of the relevant
assessment year or before the completion of the assessment, whichever is
earlier.";
(c)
in
sub-section (9), in the Explanation, clause (aa) shall be omitted.
Section 68 - Amendment of section 143
In section
143 of the Income-tax Act,--
(a)
with effect
from the 1st day of April, 2017,--
(I)
in
sub-section (1), in clause (a),--
(A)
in sub-clause
(i), the word "or" appearing at the end shall be omitted;
(B)
after
sub-clause (ii), the following sub-clauses shall be inserted, namely:--
"(iii)
disallowance of loss claimed, if return of the previous year for which set off
of loss is claimed was furnished beyond the due date specified under
sub-section (1) of section 139;
(iv)
disallowance of expenditure indicated in the audit report but not taken into
account in computing the total income in the return;
(v)
disallowance of deduction claimed under sections 10AA, 80-IA, 80-IAB, 80-IB,
80-IC, 80-ID or section 80-IE, if the return is furnished beyond the due date
specified under sub-section (1) of section 139; or
(vi)
addition of income appearing in Form 26AS or Form 16A or Form 16 which has not been
included in computing the total income in the return:
Provided
that no such adjustments shall be made unless an intimation is given to the
assessee of such adjustments either in writing or in electronic mode:
Provided
further that the response received from the assessee, if any, shall be
considered before making any adjustment, and in a case where no response is
received within thirty days of the issue of such intimation, such adjustments
shall be made;";
(II)
for
sub-section (1D), the following sub-section shall be substituted, namely:--
"(1D)
Notwithstanding anything contained in sub-section (1), the processing of a
return shall not be necessary before the expiry of the period specified in the
second proviso to sub-section (1), where a notice has been issued to the
assessee under sub-section (2):
Provided
that such return shall be processed before the issuance of an order under
sub-section (3).''.
(b)
for
sub-section (2), the following sub-section shall be substituted with effect
from the 1st day of June, 2016, namely:--
"(2)
Where a return has been furnished under section 139, or in response to a notice
under sub-section (1) of section 142, the Assessing Officer or the prescribed
income-tax authority, as the case may be, if, considers it necessary or
expedient to ensure that the assessee has not understated the income or has not
computed excessive loss or has not under-paid the tax in any manner, shall
serve on the assessee a notice requiring him, on a date to be specified
therein, either to attend the office of the Assessing Officer or to produce, or
cause to be produced before the Assessing Officer any evidence on which the
assessee may rely in support of the return:
Provided
that no notice under this sub-section shall be served on the assessee after the
expiry of six months from the end of the financial year in which the return is
furnished.".
Section 69 - Amendment of section 147
In section
147 of the Income-tax Act, in Explanation 2, after clause (c), the
following clause shall be inserted with effect from the 1st day of June, 2016,
namely:--
"(ca)
where a return of income has not been furnished by the assessee or a return of
income has been furnished by him and on the basis of information or document
received from the prescribed income-tax authority, under sub-section (2) of
section 133C, it is noticed by the Assessing Officer that the income of the
assessee exceeds the maximum amount not chargeable to tax, or as the case may
be, the assessee has understated the income or has claimed excessive loss,
deduction, allowance or relief in the return;".
Section 70 - Substitution of new section for section 153
For section
153 of the Income-tax Act, the following section shall be substituted with
effect from the 1st day of June, 2016, namely:--
"153.
Time limit for completion of assessment, reassessment and recomputation
(1)
No order of
assessment shall be made under section 143 or section
144 at any time after the expiry of twenty-one months from the end of the
assessment year in which the income was first assessable.
(2)
No order of
assessment, reassessment or recomputation shall be made under section
147 after the expiry of nine months from the end of the financial year in
which the notice under section 148 was served.
(3)
Notwithstanding
anything contained in sub-sections (1) and (2), an order of fresh assessment in
pursuance of an order under section 254 or section
263 or section 264, setting aside or cancelling an assessment, may be
made at any time before the expiry of nine months from the end of the financial
year in which the order under section 254 is received by the
Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or
Commissioner or, as the case may be, the order under section
263 or section 264 is passed by the Principal Commissioner or
Commissioner.
(4)
Notwithstanding
anything contained in sub-sections (1), (2) and (3), where a reference under
sub-section (1) of section 92CA is made during the course of the
proceeding for the assessment or reassessment, the period available for
completion of assessment or reassessment, as the case may be, under the said
sub-sections (1), (2) and (3) shall be extended by twelve months.
(5)
Where effect
to an order under section 250 or section
254 or section 260 or section 262 or section
263 or section 264 is to be given by the Assessing Officer,
wholly or partly, otherwise than by making a fresh assessment or reassessment,
such effect shall be given within a period of three months from the end of the
month in which order under section 250 or section
254 or section 260 or section 262 is received by the
Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or
Commissioner, as the case may be, the order under section
263 or section 264 is passed by the Principal Commissioner or
Commissioner:
Provided
that where it is not possible for the Assessing Officer to give effect to such
order within the aforesaid period, for reasons beyond his control, the
Principal Commissioner or Commissioner on receipt of such request in writing
from the Assessing Officer, if satisfied, may allow an additional period of six
months to give effect to the order.
(6)
Nothing
contained in sub-sections (1) and (2) shall apply to the following classes of
assessments, reassessments and recomputation which may, subject to the provisions
of sub-sections (3) and (5), be completed--
(i)
where the
assessment, reassessment or recomputation is made on the assessee or any person
in consequence of or to give effect to any finding or direction contained in an
order under section 250, section 254, section 260, section
262, section 263, or section 264 or in an order of any court in
a proceeding otherwise than by way of appeal or reference under this Act, on or
before the expiry of twelve months from the end of the month in which such
order is received or passed by the Principal Commissioner or Commissioner, as
the case may be; or
(ii)
where, in
the case of a firm, an assessment is made on a partner of the firm in
consequence of an assessment made on the firm under section 147, on or
before the expiry of twelve months from the end of the month in which the
assessment order in the case of the firm is passed.
(7)
Where effect
to any order, finding or direction referred to in sub-section (5) or
sub-section (6) is to be given by the Assessing Officer, within the time
specified in the said sub-sections, and such order has been received or passed,
as the case may be, by the income-tax authority specified therein before the
1st day of June, 2016, the Assessing Officer shall give effect to such order,
finding or direction, or assess, reassess or recompute the income of the
assessee, on or before the 31st day of March, 2017.
(8)
Notwithstanding
anything contained in the foregoing provisions of this section, sub-section (2)
of section 153A or sub-section (1) of section 153B, the order of
assessment or reassessment, relating to any assessment year, which stands
revived under sub-section (2) of section 153A, shall be made within a
period of one year from the end of the month of such revival or within the
period specified in this section or sub-section (1) of section 153B,
whichever is later.
(9)
The
provisions of this section as they stood immediately before the commencement of
the Finance Act, 2016, shall apply to and in relation to any order of
assessment, reassessment or recomputation made before the 1st day of June,
2016.
Explanation
1.--For the purposes of this section, in computing the period of limitation--
(i)
the time
taken in reopening the whole or any part of the proceeding or in giving an
opportunity to the assessee to be re-heard under the proviso to section
129; or
(ii)
the period
during which the assessment proceeding is stayed by an order or injunction of
any court; or
(iii)
the period
commencing from the date on which the Assessing Officer intimates the Central
Government or the prescribed authority, the contravention of the provisions of
clause (21) or clause (22B) or clause (23A) or clause (23B) or sub-clause (iv)
or sub-clause (v) or sub-clause (vi) or sub-clause (via) of clause (23C)
of section 10, under clause (i) of the proviso to sub-section (3)
of section 143 and ending with the date on which the copy of the
order withdrawing the approval or rescinding the notification, as the case may
be, under those clauses is received by the Assessing Officer; or
(iv)
the period
commencing from the date on which the Assessing Officer directs the assessee to
get his accounts audited under sub-section (2A) of section 142 and--
(a)
ending with
the last date on which the assessee is required to furnish a report of such
audit under that sub-section; or
(b)
where such
direction is challenged before a court, ending with the date on which the order
setting aside such direction is received by the Principal Commissioner or
Commissioner; or
(v)
the period
commencing from the date on which the Assessing Officer makes a reference to
the Valuation Officer under sub-section (1) of section 142A and
ending with the date on which the report of the Valuation Officer is received
by the Assessing Officer; or
(vi)
the period
(not exceeding sixty days) commencing from the date on which the Assessing
Officer received the declaration under sub-section (1) of section
158A and ending with the date on which the order under sub-section (3) of
that section is made by him; or
(vii)
in a case
where an application made before the Income-tax Settlement Commission is
rejected by it or is not allowed to be proceeded with by it, the period
commencing from the date on which an application is made before the Settlement
Commission under section 245C and ending with the date on which the
order under sub-section (1) of section 245D is received by the
Principal Commissioner or Commissioner under sub-section (2) of that section;
or
(viii)
the period
commencing from the date on which an application is made before the Authority
for Advance Rulings under sub-section (1) of section 245Q and ending
with the date on which the order rejecting the application is received by the
Principal Commissioner or Commissioner under sub-section (3) of section
245R; or
(ix)
the period
commencing from the date on which an application is made before the Authority
for Advance Rulings under sub-section (1) of section 245Q and ending
with the date on which the advance ruling pronounced by it is received by the
Principal Commissioner or Commissioner under sub-section (7) of section
245R; or
(x)
the period
commencing from the date on which a reference or first of the references for
exchange of information is made by an authority competent under an agreement
referred to in section 90 or section 90A and ending with
the date on which the information requested is last received by the Principal
Commissioner or Commissioner or a period of one year, whichever is less; or
(xi)
the period
commencing from the date on which a reference for declaration of an arrangement
to be an impermissible avoidance arrangement is received by the Principal
Commissioner or Commissioner under sub-section (1) of section
144BA and ending on the date on which a direction under sub-section (3) or
sub-section (6) or an order under sub-section (5) of the said section is
received by the Assessing Officer, shall be excluded:
Provided
that where immediately after the exclusion of the aforesaid period, the period
of limitation referred to in sub-sections (1), (2), (3) and sub-section (8)
available to the Assessing Officer for making an order of assessment,
reassessment or recomputation, as the case may be, is less than sixty days,
such remaining period shall be extended to sixty days and the aforesaid period
of limitation shall be deemed to be extended accordingly:
Provided
further that where the period available to the Transfer Pricing Officer is
extended to sixty days in accordance with the proviso to sub-section (3A)
of section 92CA and the period of limitation available to the
Assessing Officer for making an order of assessment, reassessment or
recomputation, as the case may be, is less than sixty days, such remaining
period shall be extended to sixty days and the aforesaid period of limitation
shall be deemed to be extended accordingly:
Provided
also that where a proceeding before the Settlement Commission abates
under section 245HA, the period of limitation available under this section
to the Assessing Officer for making an order of assessment, reassessment or
recomputation, as the case may be, shall, after the exclusion of the period
under sub-section (4) of section 245HA, be not less than one year; and
where such period of limitation is less than one year, it shall be deemed to
have been extended to one year; and for the purposes of determining the period
of limitation under sections
149, 153B, 154, 155 and 158BE and for the
purposes of payment of interest under section 244A, this proviso shall
also apply accordingly.
Explanation
2.--For the purposes of this section, where, by an order referred to in clause
(i) of sub-section (6),--
(a)
any income
is excluded from the total income of the assessee for an assessment year, then,
an assessment of such income for another assessment year shall, for the
purposes of section 150 and this section, be deemed to be one made in
consequence of or to give effect to any finding or direction contained in the
said order; or
(b)
any income
is excluded from the total income of one person and held to be the income of
another person, then, an assessment of such income on such other person shall,
for the purposes of section 150 and this section, be deemed to be one
made in consequence of or to give effect to any finding or direction contained
in the said order, if such other person was given an opportunity of being heard
before the said order was passed.".
Section 71 - Substitution of new section for section 153B
For section
153B of the Income-tax Act, the following section shall be substituted
with effect from the 1st day of June, 2016, namely:--
'153B. Time
limit for completion of assessment under section 153A
(1)
Notwithstanding
anything contained in section 153, the Assessing Officer shall make an
order of assessment or reassessment,--
(a)
in respect
of each assessment year falling within six assessment years referred to in
clause (b) of sub-section (1) of section 153A, within a period of
twenty-one months from the end of the financial year in which the last of the
authorisations for search under section 132 or for requisition
under section 132A was executed;
(b)
in respect
of the assessment year relevant to the previous year in which search is
conducted under section 132 or requisition is made under section
132A, within a period of twenty-one months from the end of the financial year
in which the last of the authorisations for search under section 132 or
for requisition under section 132A was executed:
Provided
that in case of other person referred to in section 153C, the period of
limitation for making the assessment or reassessment shall be the period as
referred to in clause (a) or clause (b) of this sub-section or nine months from
the end of the financial year in which books of account or documents or assets
seized or requisitioned are handed over under section 153C to the
Assessing Officer having jurisdiction over such other person, whichever is
later:
Provided
further that in case where the last of the authorisations for search
under section 132 or for requisition under section 132A was
executed and during the course of the proceedings for the assessment or
reassessment of total income, a reference under sub-section (1) of section
92CA is made, the provisions of clause (a) or clause (b) of this
sub-section shall have effect as if for the words "twenty-one
months", the words "thirty-three months" had been substituted:
Provided
also that in case where during the course of the proceedings for the assessment
or reassessment of total income in case of other person referred to
in section 153C, a reference under sub-section (1) of section
92CA is made, the period of limitation for making the assessment or
reassessment in case of such other person shall be the period of thirty-three
months from the end of the financial year in which the last of the
authorisations for search under section 132 or for requisition
under section 132A was executed or twenty-one months from the end of
the financial year in which books of account or documents or assets seized or
requisitioned are handed over under section 153C to the Assessing
Officer having jurisdiction over such other person, whichever is later.
(2)
The
authorisation referred to in clause (a) and clause (b) of sub-section (1) shall
be deemed to have been executed,--
(a)
in the case
of search, on the conclusion of search as recorded in the last panchnama drawn
in relation to any person in whose case the warrant of authorisation has been
issued; or
(c)
in the case
of requisition under section 132A, on the actual receipt of the books of
account or other documents or assets by the Authorised Officer.
(3)
The
provisions of this section, as they stood immediately before the commencement
of the Finance Act, 2016, shall apply to and in relation to any order of
assessment or reassessment made before the 1st day of June, 2016.
Explanation.--In
computing the period of limitation under this section--
(i)
the period
during which the assessment proceeding is stayed by an order or injunction of
any court; or
(ii)
the period
commencing from the date on which the Assessing Officer directs the assessee to
get his accounts audited under sub-section (2A) of section 142 and--
(a)
ending with
the last date on which the assessee is required to furnish a report of such
audit under that sub-section; or
(b)
where such
direction is challenged before a court, ending with the date on which the order
setting aside such direction is received by the Principal Commissioner or
Commissioner; or
(iii)
the period
commencing from the date on which the Assessing Officer makes a reference to
the Valuation Officer under sub-section (1) of section 142A and
ending with the date on which the report of the Valuation Officer is received
by the Assessing Officer; or
(iv)
the time
taken in re-opening the whole or any part of the proceeding or in giving an
opportunity to the assessee of being re-heard under the proviso to section
129; or
(v)
in a case
where an application made before the Income-tax Settlement Commission is rejected
by it or is not allowed to be proceeded with by it, the period commencing from
the date on which an application is made before the Settlement Commission
under section 245C and ending with the date on which the order under
sub-section (1) of section 245D is received by the Principal
Commissioner or Commissioner under sub-section (2) of that section; or
(vi)
the period
commencing from the date on which an application is made before the Authority
for Advance Rulings under sub-section (1) of section 245Q and ending
with the date on which the order rejecting the application is received by the
Principal Commissioner or Commissioner under sub-section (3) of section
245R; or
(vii)
the period
commencing from the date on which an application is made before the Authority
for Advance Rulings under sub-section (1) of section 245Q and ending
with the date on which the advance ruling pronounced by it is received by the
Principal Commissioner or Commissioner under sub-section (7) of section
245R; or
(viii)
the period
commencing from the date of annulment of a proceeding or order of assessment or
reassessment referred to in sub-section (2) of section 153A, till the date
of the receipt of the order setting aside the order of such annulment, by the
Principal Commissioner or Commissioner; or
(ix)
the period
commencing from the date on which a reference or first of the references for
exchange of information is made by an authority competent under an agreement
referred to in section 90 or section 90A and ending with
the date on which the information requested is last received by the Principal
Commissioner or Commissioner or a period of one year, whichever is less; or
(x)
the period
commencing from the date on which a reference for declaration of an arrangement
to be an impermissible avoidance arrangement is received by the Principal
Commissioner or Commissioner under sub-section (1) of section
144BA and ending on the date on which a direction under sub-section (3) or
sub-section (6) or an order under sub-section (5) of the said section is received
by the Assessing Officer, shall be excluded:
Provided
that where immediately after the exclusion of the aforesaid period, the period
of limitation referred to in clause (a) or clause (b) of this sub-section
available to the Assessing Officer for making an order of assessment or
reassessment, as the case may be, is less than sixty days, such remaining
period shall be extended to sixty days and the aforesaid period of limitation
shall be deemed to be extended accordingly:
Provided
further that where the period available to the Transfer Pricing Officer is
extended to sixty days in accordance with the proviso to sub-section (3A)
of section 92CA and the period of limitation available to the
Assessing Officer for making an order of assessment or reassessment, as the case
may be, is less than sixty days, such remaining period shall be extended to
sixty days and the aforesaid period of limitation shall be deemed to be
extended accordingly.'.
Section 72 - Amendment of section 192A
In section
192A of the Income-tax Act, in the first proviso, for the words
"thirty thousand rupees", the words "fifty thousand rupees"
shall be substituted with effect from the 1st day of June, 2016.
Section 73 - Amendment of section 194BB
In section
194BB of the Income-tax Act, for the words "five thousand
rupees", the words "ten thousand rupees" shall be substituted
with effect from the 1st day of June, 2016.
Section 74 - Amendment of section 194C
In section
194C of the Income-tax Act, in sub-section (5), in the proviso, for the
words "seventy-five thousand rupees", the words "one lakh
rupees" shall be substituted with effect from the 1st day of June, 2016.
Section 75 - Amendment of section 194D
In section
194D of the Income-tax Act, in the second proviso, for the words
"twenty thousand rupees", the words "fifteen thousand
rupees" shall be substituted with effect from the 1st day of June, 2016.
Section 76 - Amendment of section 194DA
In section
194DA of the Income-tax Act, for the words "two per cent.", the
words "one per cent." shall be substituted with effect from the 1st
day of June, 2016.
Section 77 - Amendment of section 194EE
In section
194EE of the Income-tax Act, for the words "twenty per cent.",
the words "ten per cent." shall be substituted with effect from the
1st day of June, 2016.
Section 78 - Amendment of section 194G
In section
194G of the Income-tax Act, in sub-section (1), with effect from the 1st
day of June, 2016,--
(i) for the
words "one thousand rupees", the words "fifteen thousand
rupees" shall be substituted;
(ii) for the
words "ten per cent.", the words "five per cent." shall be
substituted.
Section 79 - Amendment of section 194H
In section
194H of the Income-tax Act, with effect from the 1st day of June, 2016,--
(i)
for the
words "ten per cent.", the words "five per cent." shall be
substituted;
(ii)
in first
proviso, for the words "five thousand rupees", the words
"fifteen thousand rupees" shall be substituted.
Section 80 - Omission of sections 194K and 194L
Section
194K and section 194L of the Income-tax Act shall be omitted
with effect from the 1st day of June, 2016.
Section 81 - Amendment of section 194LA
In section
194LA of the Income-tax Act, in the proviso, for the words "two
hundred thousand rupees", the words "two lakh and fifty thousand
rupees" shall be substituted with effect from the 1st day of June, 2016.
Section 82 - Amendment of section 194LBA
In section
194LBA of the Income-tax Act, with effect from the 1st day of June,
2016,--
(i)
in
sub-section (1), for the words, brackets, figures and letters "in clause
(23FC)", the words, brackets, figures and letters "in sub-clause (a)
of clause (23FC)" shall be substituted;
(ii)
in
sub-section (2), for the words, brackets, figures and letters "in clause
(23FC)", the words, brackets, figures and letters "in sub-clause (a)
of clause (23FC)" shall be substituted.
Section 83 - Amendment of section 194LBB
In section
194LBB of the Income-tax Act, for the words "deduct income-tax
thereon at the rate of ten per cent.", the following shall be substituted
with effect from the 1st day of June, 2016, namely:--
"deduct
income-tax thereon,--
(i)
at the rate
of ten per cent., where the payee is a resident;
(ii)
at the rates
in force, where the payee is a non-resident (not being a company) or a foreign
company:
Provided
that where the payee is a non-resident (not being a company) or a foreign
company, no deduction shall be made in respect of any income that is not
chargeable to tax under the provisions of the Act.''.
Section 84 - Insertion of new section 194LBC
After section
194LBB of the Income-tax Act, the following section shall be inserted with
effect from the 1st day of June, 2016, namely:--
'194LBC.
Income in respect of investment in securitisation trust
(1)
Where any
income is payable to an investor, being a resident, in respect of an investment
in a securitisation trust specified in clause (d) of the Explanation occurring
after section 115TCA, the person responsible for making the payment shall,
at the time of credit of such income to the account of the payee or at the time
of payment thereof in cash or by issue of a cheque or draft or by any other
mode, whichever is earlier, deduct income-tax thereon, at the rate of--
(i)
twenty-five
per cent., if the payee is an individual or a Hindu undivided family;
(ii)
thirty per
cent., if the payee is any other person.
(2)
Where any
income is payable to an investor, being a non-resident (not being a company) or
a foreign company, in respect of an investment in a securitisation trust
specified in clause (d) of the Explanation occurring after section 115TCA,
the person responsible for making the payment shall, at the time of credit of
such income to the account of the payee or at the time of payment thereof in
cash or by issue of a cheque or draft or by any other mode, whichever is
earlier, deduct income-tax thereon, at the rates in force.
Explanation.--For
the purposes of this section,--
(a)
"investor"
shall have the meaning assigned to it in clause (a) of the Explanation
occurring after section 115TCA;
(b)
where any
income as aforesaid is credited to any account, whether called "suspense
account" or by any other name, in the books of account of the person
liable to pay such income, such crediting shall be deemed to be the credit of
such income to the account of the payee, and the provisions of this section
shall apply accordingly.'.
Section 85 - Amendment of section 197
In section
197 of the Income-tax Act, in sub-section (1), after the figures and
letters "194LA", the figures and letters
", 194LBB, 194LBC" shall be inserted with effect from the
1st day of June, 2016.
Section 86 -
In section
197A of the Income-tax Act, with effect from the 1st day of June, 2016,--
(a)
in
sub-section (1A), after the word, figures and letters "section 194DA"
at both the places where they occur, the words, figures and letter "or
section 194-I" shall be inserted;
(b)
in
sub-section (1C), after the word, figures and letters "section 194EE"
at both the places where they occur, the words, figures and letter
"or section 194-I" shall be inserted.
Section 87 -
In section
206AA of the Income-tax Act, for sub-section (7), the following
sub-section shall be substituted with effect from the 1st day of June, 2016,
namely:--
"(7)
The provisions of this section shall not apply to a non-resident, not being a
company, or to a foreign company, in respect of--
(i)
payment of
interest on long-term bonds as referred to in section 194LC; and
(ii)
any other
payment subject to such conditions as may be prescribed.".
Section 88 - Amendment of section 206C
In section
206C of the Income-tax Act, with effect from the 1st day of June, 2016,--
(i)
in sub-section
(1D),--
(A)
after the
words "or jewellery", the words "or any other goods (other than
bullion or jewellery) or providing any service" shall be inserted;
(B)
in clause
(ii), for the word "rupees.", the words "rupees; or" shall
be substituted;
(C)
after clause
(ii), the following clause shall be inserted, namely:--
"(iii)
for any goods, other than those referred to in clauses (i) and (ii), or any
service, exceeds two hundred thousand rupees:
Provided
that no tax shall be collected at source under this sub-section on any amount
on which tax has been deducted by the payer under Chapter XVII-B.";
(ii)
after
sub-section (1D), the following sub-sections shall be inserted, namely:--
"(1E)
Nothing contained in sub-section (1D) in relation to sale of any goods (other than
bullion or jewellery) or providing any service shall apply to such class of
buyers who fulfil such conditions, as may be prescribed.
(1F) Every
person, being a seller, who receives any amount as consideration for sale of a
motor vehicle of the value exceeding ten lakh rupees, shall, at the time of
receipt of such amount, collect from the buyer, a sum equal to one per cent. of
the sale consideration as income-tax.";
(iii)
after
sub-section (11), in the Explanation,--
(A)
in clause
(aa), in sub-clause (ii), after the word, brackets, figure and letter
"sub-section (1D)", the words, brackets, figure and letter "or
sub-section (1F)" shall be inserted;
(B)
in clause
(c), after the word "sold", the words, brackets, figure and letter
"or services referred to in sub-section (1D) are provided" shall be
inserted.".
Section 89 - Amendment of section 211
In section
211 of the Income-tax Act, for sub-section (1), the following sub-section
shall be substituted with effect from the 1st day of June, 2016, namely:--
"(1)
Advance tax on the current income calculated in the manner laid down
in section 209 shall be payable by--
(a)
all the
assessees, other than the assessee referred to in clause (b), who are liable to
pay the same, in four instalments during each financial year and the due date
of each instalment and the amount of such instalment shall be as specified in
the Table below:
TABLE
Due date
of instalment |
Amount
payable |
On or
before the 15th June |
Not less
than fifteen per cent. of such advance tax. |
On or
before the 15th September |
Not less
than forty-five per cent. of such advance tax, as reduced by the amount, if
any, paid in the earlier instalment. |
On or
before the 15th December |
Not less
than seventy-five per cent. of such advance tax, as reduced by the amount or
amounts, if any, paid in the earlier instalment or instalments. |
On or
before the 15th March |
The whole
amount of such advance tax, as reduced by the amount or amounts, if any, paid
in the earlier instalment or instalments; |
(b)
an eligible
assessee in respect of an eligible business referred to in section 44AD,
to the extent of the whole amount of such advance tax during each financial
year on or before the 15th March:
Provided
that any amount paid by way of advance tax on or before the 31st day of March
shall also be treated as advance tax paid during the financial year ending on
that day for all the purposes of this Act.".
Section 90 - Amendment of section 220
In section
220 of the Income-tax Act, in sub-section (2A), after clause (iii), the
following provisos shall be inserted with effect from the 1st day of June,
2016, namely:--
"Provided
that the order accepting or rejecting the application of the assessee, either
in full or in part, shall be passed within a period of twelve months from the
end of the month in which the application is received:
Provided
further that no order rejecting the application, either in full or in part,
shall be passed unless the assessee has been given an opportunity of being
heard:
Provided
also that where any application is pending as on the 1st day of June, 2016, the
order shall be passed on or before the 31st day of May, 2017.".
Section 91 - Amendment of section 234C
In section
234C of the Income-tax Act, in sub-section (1), with effect from the 1st
day of June, 2016,--
(i)
for clause
(a), the following clause shall be substituted, namely:--
"(a) an
assessee, other than an eligible assessee in respect of the eligible business
referred to in section 44AD, who is liable to pay advance tax
under section 208 has failed to pay such tax or--
(i)
the advance
tax paid by such assessee on its current income on or before the 15th day of
June is less than fifteen per cent. of the tax due on the returned income or
the amount of such advance tax paid on or before the 15th day of September is
less than forty-five per cent. of the tax due on the returned income or the
amount of such advance tax paid on or before the 15th day of December is less
than seventy-five per cent. of the tax due on the returned income, then, the
assessee shall be liable to pay simple interest at the rate of one per cent.
per month for a period of three months on the amount of the shortfall from
fifteen per cent. or forty-five per cent. or seventy-five per cent., as the
case may be, of the tax due on the returned income;
(ii)
the advance tax
paid by the assessee on the current income on or before the 15th day of March
is less than the tax due on the returned income, then, the assessee shall be
liable to pay simple interest at the rate of one per cent. on the amount of the
shortfall from the tax due on the returned income:
Provided
that if the advance tax paid by the assessee on the current income, on or
before the 15th day of June or the 15th day of September, is not less than
twelve per cent. or, as the case may be, thirty-six per cent. of the tax due on
the returned income, then, the assessee shall not be liable to pay any interest
on the amount of the shortfall on those dates;";
(ii)
in clause
(b), for the portion beginning with the words "the assessee, other than a
company" and ending with the words "shortfall from the tax due on the
returned income", the following shall be substituted, namely:--
"an
eligible assessee in respect of the eligible business referred to in
section 44AD, who is liable to pay advance tax under section
208 has failed to pay such tax or the advance tax paid by the assessee on
its current income on or before the 15th day of March is less than the tax due
on the returned income, then, the assessee shall be liable to pay simple
interest at the rate of one per cent. on the amount of the shortfall from the
tax due on the returned income:";
(iii)
in the first
proviso, below clause (b)--
(I)
in clause
(b), for the word and figure "section 2", the words and figure
"section 2; or" shall be substituted;
(II)
after clause
(b), the following clause shall be inserted, namely:--
'(c) income
under the head "Profits and gains of business or profession" in cases
where the income accrues or arises under the said head for the first time,';
(III)
in the long
line, for the words, brackets and letter "or clause (b)", the words,
brackets and letters "or clause (b) or clause (c)" shall be
substituted.
Section 92 - Amendment of section 244A
In section
244A of the Income-tax Act, with effect from the 1st day of June, 2016,--
(A)
in
sub-section (1), for clause (a), the following clauses shall be substituted,
namely:--
"(a)
where the refund is out of any tax collected at source under section
206C or paid by way of advance tax or treated as paid under section
199, during the financial year immediately preceding the assessment year, such
interest shall be calculated at the rate of one-half per cent. for every month
or part of a month comprised in the period,--
(i)
from the 1st
day of April of the assessment year to the date on which the refund is granted,
if the return of income has been furnished on or before the due date specified
under sub-section (1) of section 139; or
(ii)
from the
date of furnishing of return of income to the date on which the refund is
granted, in a case not covered under sub-clause (i);
(aa) where
the refund is out of any tax paid under section 140A, such interest shall
be calculated at the rate of one-half per cent. for every month or part of a
month comprised in the period, from the date of furnishing of return of income
or payment of tax, whichever is later, to the date on which the refund is
granted:
Provided
that no interest under clause (a) or clause (aa) shall be payable, if the
amount of refund is less than ten per cent. of the tax as determined under
sub-section (1) of section 143 or on regular assessment;";
(B)
after
sub-section (1), the following sub-section shall be inserted, namely:--
"(1A)
In a case where a refund arises as a result of giving effect to an order
under section 250 or section 254 or section
260 or section 262 or section 263 or section 264,
wholly or partly, otherwise than by making a fresh assessment or reassessment,
the assessee shall be entitled to receive, in addition to the interest payable
under sub-section (1), an additional interest on such amount of refund
calculated at the rate of three per cent. per annum, for the period beginning
from the date following the date of expiry of the time allowed under
sub-section (5) of section 153 to the date on which the refund is
granted.";
(C)
in
sub-section (2), after the words "interest is payable", the words,
brackets, figures and letter "under sub-sections (1) or (1A)" shall
be inserted.
Section 93 - Amendment of section 249
In section
249 of the Income-tax Act, in sub-section (2), in clause (b), with effect
from the 1st day of April, 2017,--
(i)
in the
proviso, for the words "excluded, or" occurring at the end, the word
"excluded:" shall be substituted;
(ii)
after the
proviso, the following proviso shall be inserted, namely:--
"Provided
further that where an application has been made under sub-section (1)
of section 270AA, the period beginning from the date on which the
application is made, to the date on which the order rejecting the application
is served on the assessee, shall be excluded, or".
Section 94 - Amendment of section 252
In section
252 of the Income-tax Act, with effect from the 1st day of June, 2016,--
(a)
in
sub-section (3), in clause (b), the words "the Senior Vice-President
or" shall be omitted;
(b)
sub-section
(4A) shall be omitted;
(c)
in
sub-section (5), the words "Senior Vice-President or a" shall be
omitted.
Section 95 - Amendment of section 253
In section
253 of the Income-tax Act,--
(A)
in
sub-section (1), with effect from the 1st day of April, 2017,--
(i)
in clause
(a), after the word and figures "section 250,", the word, figures and
letter "section 270A," shall be inserted;
(ii)
in clause
(c), after the words and figures "or under section 263", the
words, figures and letter "or under section 270A" shall be
inserted;
(B)
with effect
from the 1st day of June, 2016,--
(a)
sub-section
(2A) and sub-section (3A) shall be omitted;
(b)
for
sub-section (4), the following sub-section shall be substituted namely:--
"(4)
The Assessing Officer or the assessee, as the case may be, on receipt of notice
that an appeal against the order of the Commissioner (Appeals), has been preferred
under sub-section (1) or sub-section (2) by the other party, may,
notwithstanding that he may not have appealed against such order or any part
thereof, within thirty days of the receipt of the notice, file a memorandum of
cross-objections, verified in the prescribed manner, against any part of the
order of the Commissioner (Appeals), and such memorandum shall be disposed of
by the Appellate Tribunal as if it were an appeal presented within the time
specified in sub-section (3).";
(C)
in
sub-section (6), for the proviso, the following proviso shall be substituted
and shall be deemed to have been substituted with effect from the 1st day of
July, 2012, namely:--
"Provided
that no fee shall be payable in the case of an appeal referred to in
sub-section (2), or, sub-section (2A) as it stood before its amendment by the
Finance Act, 2016, or, a memorandum of cross-objections referred to in
subsection (4).".
Section 96 - Amendment of section 254
In section
254 of the Income-tax Act, with effect from the 1st day of June, 2016,--
(a)
in
sub-section (2), for the words "four years from the date of the
order", the words "six months from the end of the month in which the
order was passed" shall be substituted;
(b)
in
sub-section (2A), the words, brackets, figure and letter "or sub-section
(2A)" shall be omitted.
Section 97 - Amendment of section 255
In section
255 of the Income-tax Act, in sub-section (3), for the words "fifteen
lakh rupees", the words "fifty lakh rupees" shall be substituted
with effect from the 1st day of June, 2016.
Section 98 - Insertion of new section 270A
After section
270 of the Income-tax Act [as it stood immediately before its omission by
section 105 of the Direct Tax Laws (Amendment) Act, 1987], the following
section shall be inserted with effect from the 1st day of April, 2017,
namely:--
'270A.
Penalty for under-reporting and misreporting of income
(1)
The
Assessing Officer or the Commissioner (Appeals) or the Principal Commissioner
or Commissioner may, during the course of any proceedings under this Act,
direct that any person who has under-reported his income shall be liable to pay
a penalty in addition to tax, if any, on the under-reported income.
(2)
A person
shall be considered to have under-reported his income, if--
(a)
the income
assessed is greater than the income determined in the return processed under
clause (a) of sub-section (1) of section 143;
(b)
the income
assessed is greater than the maximum amount not chargeable to tax, where no
return of income has been furnished;
(c)
the income
reassessed is greater than the income assessed or reassessed immediately before
such reassessment;
(d)
the amount
of deemed total income assessed or reassessed as per the provisions
of section 115JB or section 115JC, as the case may be, is
greater than the deemed total income determined in the return processed under
clause (a) of sub-section (1) of section 143;
(e)
the amount
of deemed total income assessed as per the provisions of section
115JB or section 115JC is greater than the maximum amount not
chargeable to tax, where no return of income has been filed;
(f)
the amount
of deemed total income reassessed as per the provisions of section
115JB or section 115JC, as the case may be, is greater than the
deemed total income assessed or reassessed immediately before such reassessment;
(g)
the income
assessed or reassessed has the effect of reducing the loss or converting such
loss into income.
(3)
The amount
of under-reported income shall be,--
(i)
in a case
where income has been assessed for the first time,--
(a)
if return
has been furnished, the difference between the amount of income assessed and
the amount of income determined under clause (a) of sub-section (1)
of section 143;
(b)
in a case
where no return has been furnished,--
(A)
the amount
of income assessed, in the case of a company, firm or local authority; and
(B)
the
difference between the amount of income assessed and the maximum amount not
chargeable to tax, in a case not covered in item (A);
(ii)
in any other
case, the difference between the amount of income reassessed or recomputed and
the amount of income assessed, reassessed or recomputed in a preceding order:
Provided
that where under-reported income arises out of determination of deemed total
income in accordance with the provisions of section
115JB or section 115JC, the amount of total under-reported income
shall be determined in accordance with the following formula--
(A-- B) +
(C-- D)
where,
A = the
total income assessed as per the provisions other than the provisions contained
in section 115JB or section 115JC (herein called general provisions);
B = the
total income that would have been chargeable had the total income assessed as
per the general provisions been reduced by the amount of under-reported income;
C = the
total income assessed as per the provisions contained in section 115JB or section
115JC;
D = the
total income that would have been chargeable had the total income assessed as
per the provisions contained in section 115JB or section
115JC been reduced by the amount of under-reported income:
Provided
further that where the amount of under-reported income on any issue is
considered both under the provisions contained in section
115JB or section 115JC and under general provisions, such amount
shall not be reduced from total income assessed while determining the amount
under item D.
Explanation.--For
the purposes of this section,--
(a)
"preceding
order" means an order immediately preceding the order during the course of
which the penalty under sub-section (1) has been initiated;
(b)
in a case
where an assessment or reassessment has the effect of reducing the loss
declared in the return or converting that loss into income, the amount of
under-reported income shall be the difference between the loss claimed and the
income or loss, as the case may be, assessed or reassessed.
(4)
Subject to
the provisions of sub-section (6), where the source of any receipt, deposit or
investment in any assessment year is claimed to be an amount added to income or
deducted while computing loss, as the case may be, in the assessment of such
person in any year prior to the assessment year in which such receipt, deposit
or investment appears (hereinafter referred to as "preceding year")
and no penalty was levied for such preceding year, then, the under-reported
income shall include such amount as is sufficient to cover such receipt,
deposit or investment.
(5)
The amount
referred to in sub-section (4) shall be deemed to be amount of income
under-reported for the preceding year in the following order--
(a)
the
preceding year immediately before the year in which the receipt, deposit or
investment appears, being the first preceding year; and
(b)
where the
amount added or deducted in the first preceding year is not sufficient to cover
the receipt, deposit or investment, the year immediately preceding the first
preceding year and so on.
(6)
The
under-reported income, for the purposes of this section, shall not include the
following, namely:--
(a)
the amount
of income in respect of which the assessee offers an explanation and the
Assessing Officer or the Commissioner (Appeals) or the Commissioner or the
Principal Commissioner, as the case may be, is satisfied that the explanation
is bona fide and the assessee has disclosed all the material facts to
substantiate the explanation offered;
(b)
the amount
of under-reported income determined on the basis of an estimate, if the
accounts are correct and complete to the satisfaction of the Assessing Officer
or the Commissioner (Appeals) or the Commissioner or the Principal
Commissioner, as the case may be, but the method employed is such that the
income cannot properly be deduced therefrom;
(c)
the amount
of under-reported income determined on the basis of an estimate, if the
assessee has, on his own, estimated a lower amount of addition or disallowance
on the same issue, has included such amount in the computation of his income
and has disclosed all the facts material to the addition or disallowance;
(d)
the amount
of under-reported income represented by any addition made in conformity with
the arm's length price determined by the Transfer Pricing Officer, where the
assessee had maintained information and documents as prescribed
under section 92D, declared the international transaction under Chapter X,
and, disclosed all the material facts relating to the transaction; and
(e)
the amount
of undisclosed income referred to in section 271AAB.
(7)
The penalty
referred to in sub-section (1) shall be a sum equal to fifty per cent. of the
amount of tax payable on under-reported income.
(8)
Notwithstanding
anything contained in sub-section (6) or sub-section (7), where under-reported
income is in consequence of any misreporting thereof by any person, the penalty
referred to in sub-section (1) shall be equal to two hundred per cent. of the
amount of tax payable on under-reported income.
(9)
The cases of
misreporting of income referred to in sub-section (8) shall be the following,
namely:--
(a)
misrepresentation
or suppression of facts;
(b)
failure to
record investments in the books of account;
(c)
claim of
expenditure not substantiated by any evidence;
(d)
recording of
any false entry in the books of account;
(e)
failure to
record any receipt in books of account having a bearing on total income; and
(f)
failure to
report any international transaction or any transaction deemed to be an
international transaction or any specified domestic transaction, to which the
provisions of Chapter X apply.
(10)
The tax
payable in respect of the under-reported income shall be--
(a)
where no
return of income has been furnished and the income has been assessed for the
first time, the amount of tax calculated on the under-reported income as
increased by the maximum amount not chargeable to tax as if it were the total
income;
(b)
where the
total income determined under clause (a) of sub-section (1) of section
143 or assessed, reassessed or recomputed in a preceding order is a loss,
the amount of tax calculated on the under-reported income as if it were the
total income;
(c)
in any other
case, determined in accordance with the formula--
(X--Y)
where,
X = the amount of tax calculated on the under-reported income as
increased by the total income determined under clause (a) of sub-section (1)
of section 143 or total income assessed, reassessed or recomputed in
a preceding order as if it were the total income; and
Y = the amount of tax calculated on the total income determined under
clause (a) of sub-section (1) of section 143 or total income
assessed, reassessed or recomputed in a preceding order.
(11)
No addition
or disallowance of an amount shall form the basis for imposition of penalty, if
such addition or disallowance has formed the basis of imposition of penalty in
the case of the person for the same or any other assessment year.
(12)
The penalty
referred to in sub-section (1) shall be imposed, by an order in writing, by the
Assessing Officer, the Commissioner (Appeals), the Commissioner or the Principal
Commissioner, as the case may be.'.
Section 99 - Insertion of new section 270AA
After section
270A of the Income-tax Act as so inserted, the following section shall be
inserted with effect from the 1st day of April, 2017, namely:--
"270AA.
Immunity from imposition of penalty, etc
(1)
An assessee
may make an application to the Assessing Officer to grant immunity from
imposition of penalty under section 270A and initiation of
proceedings under section 276C or section 276CC, if he fulfils
the following conditions, namely:--
(a)
the tax and
interest payable as per the order of assessment or reassessment under
sub-section (3) of section 143 or section 147, as the case may
be, has been paid within the period specified in such notice of demand; and
(b)
no appeal
against the order referred to in clause (a) has been filed.
(2)
An
application referred to in sub-section (1) shall be made within one month from
the end of the month in which the order referred to in clause (a) of
sub-section (1) has been received and shall be made in such form and verified
in such manner as may be prescribed.
(3)
The
Assessing Officer shall, subject to fulfilment of the conditions specified in
sub-section (1) and after the expiry of the period of filing the appeal as
specified in clause (b) of sub-section (2) of section 249, grant immunity
from imposition of penalty under section 270A and initiation of
proceedings under section 276C or section 276CC, where the
proceedings for penalty under section 270A has not been initiated
under the circumstances referred to in sub-section (9) of the said section
270A.
(4)
The
Assessing Officer shall, within a period of one month from the end of the month
in which the application under sub-section (1) is received, pass an order
accepting or rejecting such application:
Provided
that no order rejecting the application shall be passed unless the assessee has
been given an opportunity of being heard.
(5)
The order
made under sub-section (4) shall be final.
(6)
No appeal
under section 246A or an application for revision under section
264 shall be admissible against the order of assessment or reassessment,
referred to in clause (a) of sub-section (1), in a case where an order under
sub-section (4) has been made accepting the application.".
Section 100 - Amendment of section 271
In section
271 of the Income-tax Act, after sub-section (6), the following
sub-section shall be inserted with effect from the 1st day of April, 2017,
namely:--
"(7)
The provisions of this section shall not apply to and in relation to any
assessment for the assessment year commencing on or after the 1st day of April,
2017.".
Section 101 - Amendment of section 271A
In section
271A of the Income-tax Act, after the words "Without prejudice to the
provisions of", the words, figures and letter "section 270A or"
shall be inserted with effect from the 1st day of April, 2017.
Section 102 - Amendment of section 271AA
In the
Income-tax Act, with effect from the 1st day of April, 2017, section
271AA shall be renumbered as sub-section (1) thereof and,--
(a)
in sub-section
(1) as so renumbered, after the words "Without prejudice to the provisions
of", the word, figures and letter "section 270A or" shall
be inserted;
(b)
after
sub-section (1) as so renumbered, the following sub-section shall be inserted,
namely:--
"(2) If
any person fails to furnish the information and the document as required under
sub-section (4) of section 92D, the prescribed income-tax authority
referred to in the said sub-section may direct that such person shall pay, by
way of penalty, a sum of five hundred thousand rupees.".
Section 103 - Amendment of section 271AAB
In section
271AAB of the Income-tax Act, with effect from the 1st day of April,
2017,--
(a)
in
sub-section (1), in clause (c), for the words "which shall not be less
than thirty per cent. but which shall not exceed ninety per cent.", the
words "computed at the rate of sixty per cent." shall be substituted;
(b)
in
sub-section (2), after the words "No penalty under the provisions
of", the words, figures and letter "section 270A or" shall
be inserted.
Section 104 - Insertion of new section 271GB
After section
271GA of the Income-tax Act, the following section shall be inserted with
effect from the 1st day of April, 2017,--
"271GB.
Penalty for failure to furnish report or for furnishing inaccurate report
under section 286
(1)
If any
reporting entity referred to in section 286, which is required to furnish
the report referred to in sub-section (2) of the said section, in respect of a
reporting accounting year, fails to do so, the authority prescribed under that
section (herein referred to as prescribed authority) may direct that such
entity shall pay, by way of penalty, a sum of,--
(a)
five
thousand rupees for every day for which the failure continues, if the period of
failure does not exceed one month; or
(b)
fifteen
thousand rupees for every day for which the failure continues beyond the period
of one month.
(2)
Where any
reporting entity referred to in section 286 fails to produce the
information and documents within the period allowed under sub-section (6) of
the said section, the prescribed authority may direct that such entity shall
pay, by way of penalty, a sum of five thousand rupees for every day during
which the failure continues, beginning from the day immediately following the
day on which the period for furnishing the information and document expires.
(3)
If the
failure referred to in sub-section (1) or sub-section (2) continues after an
order has been served on the entity, directing it to pay the penalty under
sub-section (1) or, as the case may be, under sub-section (2), then,
notwithstanding anything contained in sub-section (1) or sub-section (2), the
prescribed authority may direct that such entity shall pay, by way of penalty,
a sum of fifty thousand rupees for every day for which such failure continues
beginning from the date of service of such order.
(4)
Where a
reporting entity referred to in section 286 provides inaccurate
information in the report furnished in accordance with sub-section (2) of the
said section and where--
(a)
the entity
has knowledge of the inaccuracy at the time of furnishing the report but fails
to inform the prescribed authority; or
(b)
the entity
discovers the inaccuracy after the report is furnished and fails to inform the
prescribed authority and furnish correct report within a period of fifteen days
of such discovery; or
(c)
the entity
furnishes inaccurate information or document in response to the notice issued
under sub-section (6) of section 286, then, the prescribed authority
may direct that such person shall pay, by way of penalty, a sum of five lakh
rupees.".
Section 105 - Amendment of section 272A
In section
272A of the Income-tax Act, with effect from the 1st day of April, 2017,--
(i)
in
sub-section (1),--
(a)
in clause
(c), for the words "place or time,", the words "place or time; or"
shall be substituted;
(b)
after clause
(c) and before the long line, the following clause shall be inserted, namely:--
"(d)
fails to comply with a notice under sub-section (1) of section 142 or
sub-section (2) of section 143 or fails to comply with a direction
issued under sub-section (2A) of section 142,";
(ii)
in
sub-section (3), after clause (a), the following clause shall be inserted,
namely:--
"(aa)
in a case falling under clause (d) of sub-section (1), by the income-tax
authority who had issued the notice or direction referred to therein;".
Section 106 - Amendment of section 273A
In section
273A of the Income-tax Act,--
(i)
with effect
from the 1st day of April, 2017,--
(a)
in
sub-section (1),--
(I)
in clause
(ii), after the words "or imposable on a person under", the words,
figures and letter "section 270A or" shall be inserted;
(II)
in the
Explanation, after the words "as not to attract the provisions of ",
the words, figures and letter "section 270A or" shall be
inserted;
(b)
in
sub-section (2), in clause (b), after the words "if in a case falling
under", the words, figures and letter "section 270A or"
shall be inserted;
(ii)
after
sub-section (4), the following sub-section shall be inserted with effect from
the 1st day of June, 2016, namely:--
"(4A)
The order under sub-section (4), either accepting or rejecting the application
in full or in part, shall be passed within a period of twelve months from the
end of the month in which the application under the said sub-section is
received by the Principal Commissioner or the Commissioner:
Provided
that no order rejecting the application, either in full or in part, shall be
passed unless the assessee has been given an opportunity of being heard:
Provided
further that where any application is pending as on the 1st day of June, 2016, the
order shall be passed on or before the 31st day of May, 2017.".
Section 107 - Amendment of section 273AA
In section
273AA of the Income-tax Act, after sub-section (3), the following
subsection shall be inserted with effect from the 1st day of June, 2016,
namely:--
"(3A)
The order under sub-section (3), either accepting or rejecting the application
in full or in part, shall be passed within a period of twelve months from the
end of the month in which the application under the said sub-section is
received by the Principal Commissioner or the Commissioner:
Provided
that no order rejecting the application, either in full or in part, shall be
passed unless the assessee has been given an opportunity of being heard:
Provided
further that where any application is pending as on the 1st day of June, 2016,
the order shall be passed on or before the 31st day of May, 2017.".
Section 108 - Amendment of section 273B
In section
273B of the Income-tax Act, after the word, figures and letters
"section 271GA,", the word, figures and letters "section
271GB," shall be inserted with effect from the 1st day of April, 2017.
Section 109 - Amendment of section 276C
In section
276C of the Income-tax Act, with effect from the 1st day of April, 2017,
in sub-section (1),--
(a)
in the opening
portion, for the words ''or inposable'', the words ''or imposable, or under
reports his income,'' shall be substituted;
(b)
in clause
(i), after the words ''amount sought to be evaded'', the words ''or tax on
under-reported income'' shall be substituted.
Section 110 - Amendment of section 279
In section
279 of the Income-tax Act, in sub-section (1A), after the words "or
imposable on him under", the words, figures and letter "section
270A or" shall be inserted with effect from the 1st day of April,
2017.
Section 111 - Amendment of section 281B
In section
281B of the Income-tax Act, with effect from the 1st day of June, 2016,--
(a)
in
sub-section (1), the Explanation shall be omitted;
(b)
after
sub-section (2), the following sub-sections shall be inserted, namely:--
'(3) Where
the assessee furnishes a guarantee from a scheduled bank for an amount not less
than the fair market value of the property provisionally attached under
sub-section (1), the Assessing Officer shall, by an order in writing, revoke
such attachment:
Provided
that where the Assessing Officer is satisfied that a guarantee from a scheduled
bank for an amount lower than the fair market value of the property is
sufficient to protect the interests of the revenue, he may accept such
guarantee and revoke the attachment.
(4) The
Assessing Officer may, for the purposes of determining the value of the
property provisionally attached under sub-section (1), make a reference to the
Valuation Officer referred to in section 142A, who shall estimate the fair
market value of the property in the manner provided under that section and
submit a report of the estimate to the Assessing Officer within a period of
thirty days from the date of receipt of such reference.
(5) An order
revoking the provisional attachment under sub-section (3) shall be made--
(i) within
forty-five days from the date of receipt of the guarantee, where a reference to
the Valuation Officer has been made under sub-section (4); or
(ii) within
fifteen days from the date of receipt of guarantee in any other case.
(6) Where a
notice of demand specifying a sum payable is served upon the assessee and the
assessee fails to pay that sum within the time specified in the notice of
demand, the Assessing Officer may invoke the guarantee furnished under sub-section
(3), wholly or in part, to recover the amount.
(7) The
Assessing Officer shall, in the interests of the revenue, invoke the bank
guarantee, if the assessee fails to renew the guarantee referred to in
sub-section (3), or fails to furnish a new guarantee from a scheduled bank for
an equal amount, fifteen days before the expiry of the guarantee referred to in
sub-section (3).
(8) The
amount realised by invoking the guarantee referred to in sub-section (3) shall
be adjusted against the existing demand which is payable by the assessee and
the balance amount, if any, shall be deposited in the Personal Deposit Account
of the Principal Commissioner or Commissioner in the branch of the Reserve Bank
of India or the State Bank of India or of its subsidiaries or any bank as may
be appointed by the Reserve Bank of India as its agent under the provisions of
sub-section (1) of section 45 of the Reserve Bank of India Act, 1934
(2 of 1934) at the place where the office of the Principal Commissioner or
Commissioner is situate.
(9) Where
the Assessing Officer is satisfied that the guarantee referred to in
sub-section (3) is not required any more to protect the interests of the
revenue, he shall release that guarantee forthwith.
Explanation.--For
the purposes of this section, the expression "scheduled bank" shall
mean a bank included in the Second Schedule to the Reserve Bank of India Act,
1934 (2 of 1934).'.
Section 112 - Amendment of section 282A
In section
282A of the Income-tax Act, in sub-section (1), for the words "signed
in manuscript by that authority", the words "signed and issued in
paper form or communicated in electronic form by that authority in accordance
with such procedure as may be prescribed" shall be substituted with effect
from the 1st day of June, 2016.
Section 113 - Insertion of new section 286
After section
285BA of the Income-tax Act, the following section shall be inserted with
effect from the 1st day of April, 2017, namely:--
'286.
Furnishing of report in respect of international group
(1)
Every constituent
entity resident in India, shall, if it is constituent of an international
group, the parent entity of which is not resident in India, notify the
prescribed income-tax authority (herein referred to as prescribed authority) in
the form and manner, on or before such date, as may be prescribed,--
(a)
whether it
is the alternate reporting entity of the international group; or
(b)
the details
of the parent entity or the alternate reporting entity, if any, of the
international group, and the country or territory of which the said entities
are resident.
(2)
Every parent
entity or the alternate reporting entity, resident in India, shall, for every
reporting accounting year, in respect of the international group of which it is
a constituent, furnish a report, to the prescribed authority on or before the
due date specified under sub-section (1) of section 139, for furnishing
the return of income for the relevant accounting year, in the form and manner
as may be prescribed.
(3)
For the
purposes of sub-section (2), the report in respect of an international group
shall include,--
(a)
the
aggregate information in respect of the amount of revenue, profit or loss
before income-tax, amount of income-tax paid, amount of income-tax accrued,
stated capital, accumulated earnings, number of employees and tangible assets
not being cash or cash equivalents, with regard to each country or territory in
which the group operates;
(b)
the details
of each constituent entity of the group including the country or territory in
which such constituent entity is incorporated or organised or established and
the country or territory where it is resident;
(c)
the nature
and details of the main business activity or activities of each constituent
entity; and
(d)
any other
information as may be prescribed.
(4)
A
constituent entity of an international group, resident in India, other than the
entity referred to in sub-section (2), shall furnish the report referred to in
the said sub-section, in respect of the international group for a reporting
accounting year, if the parent entity is resident of a country or territory,--
(a)
with which
India does not have an agreement providing for exchange of the report of the
nature referred to in sub-section (2); or
(b)
there has
been a systemic failure of the country or territory and the said failure has
been intimated by the prescribed authority to such constituent entity:
Provided that where there are more than one such constituent entities of
the group, resident in India, the report shall be furnished by any one
constituent entity, if,--
(a)
the
international group has designated such entity to furnish the report in
accordance with the provisions of sub-section (2) on behalf of all the
constituent entities resident in India; and
(b)
the
information has been conveyed in writing on behalf of the group to the
prescribed authority.
(5)
Nothing
contained in sub-section (4) shall apply, if, an alternate reporting entity of
the international group has furnished a report of the nature referred to in
sub-section (2), with the tax authority of the country or territory in which
such entity is resident, on or before the date specified in the said
sub-section and the following conditions are satisfied, namely:--
(a)
the report
is required to be furnished under the law for the time being in force in the
said country or territory;
(b)
the said
country or territory has entered into an agreement with India providing for
exchange of the said report;
(c)
the
prescribed authority has not conveyed any systemic failure in respect of the
said country or territory to any constituent entity of the group that is
resident in India;
(d)
the said country
or territory has been informed in writing by the constituent entity that it is
the alternate reporting entity on behalf of the international group; and
(e)
the
prescribed authority has been informed by the entities referred to in
sub-section (4) in accordance with sub-section (1).
(6)
The
prescribed authority may, for the purposes of determining the accuracy of the
report furnished by any reporting entity, by issue of a notice in writing,
require the entity to produce such information and document as may be specified
in the notice within thirty days of the date of receipt of the notice:
Provided
that the prescribed authority may, on an application made by such entity,
extend the period of thirty days by a further period not exceeding thirty days.
(7)
The provisions
of this section shall not apply in respect of an international group for an
accounting year, if the total consolidated group revenue, as reflected in the
consolidated financial statement for the accounting year preceding such
accounting year does not exceed the amount, as may be prescribed.
(8)
The
provisions of this section shall be applied in accordance with such guidelines
and subject to such conditions, as may be prescribed.
(9)
For the
purposes of this section,--
(a)
"accounting
year" means,--
(i)
a previous
year, in a case where the parent entity or alternate reporting entity is
resident in India; or
(ii)
an annual
accounting period, with respect to which the parent entity of the international
group prepares its financial statements under any law for the time being in
force or the applicable accounting standards of the country or territory of
which such entity is resident, in any other case;
(b)
"agreement"
means an agreement referred to in sub-section (1) of section 90 or
sub-section (1) of section 90A or any agreement as may be notified by
the Central Government in this behalf;
(c)
"alternate
reporting entity" means any constituent entity of the international group
that has been designated by such group, in the place of the parent entity, to
furnish the report of the nature referred to in sub-section (2) in the country
or territory in which the said constituent entity is resident on behalf of such
group;
(d)
"constituent
entity" means,--
(i)
any separate
entity of an international group that is included in the consolidated financial
statement of the said group for financial reporting purposes, or may be so
included for the said purpose, if the equity share of any entity of the
international group were to be listed on a stock exchange;
(ii)
any such
entity that is excluded from the consolidated financial statement of the
international group solely on the basis of size or materiality; or
(iii)
any
permanent establishment of any separate business entity of the international
group included in clause (i) or clause (ii), if such business unit prepares a
separate financial statement for such permanent establishment for financial
reporting, regulatory, tax reporting or internal management control purposes;
(e)
"group"
includes a parent entity and all the entities in respect of which, for the
reason of ownership or control, a consolidated financial statement for
financial reporting purposes,--
(i)
is required
to be prepared under any law for the time being in force or the accounting
standards of the country or territory of which the parent entity is resident;
or
(ii)
would have
been required to be prepared had the equity shares of any of the enterprises
were listed on a stock exchange in the country or territory of which the parent
entity is resident;
(f)
"consolidated
financial statement" means the financial statement of an international
group in which the assets, liabilities, income, expenses and cash flows of the
parent entity and the constituent entities are presented as those of a single
economic entity;
(g)
"international
group" means any group that includes,--
(i)
two or more
enterprises which are resident of different countries or territories; or
(ii)
an
enterprise, being a resident of one country or territory, which carries on any
business through a permanent establishment in other countries or territories;
(h)
"parent
entity" means a constituent entity, of an international group holding,
directly or indirectly, an interest in one or more of the other constituent
entities of the international group, such that,--
(i)
it is
required to prepare a consolidated financial statement under any law for the
time being in force or the accounting standards of the country or territory of
which the entity is resident; or
(ii)
it would
have been required to prepare a consolidated financial statement had the equity
shares of any of the enterprises were listed on a stock exchange, and,
there is no other constituent entity of such group which, due to ownership of
any interest, directly or indirectly, in the first mentioned constituent
entity, is required to prepare a consolidated financial statement, under the
circumstances referred to in clause (i) or clause (ii), that includes the
separate financial statement of the first mentioned constituent entity;
(i)
"permanent
establishment" shall have the meaning assigned to it in clause (iiia)
of section 92F;
(j)
"reporting
accounting year" means the accounting year in respect of which the
financial and operational results are required to be reflected in the report
referred to in sub-section (2);
(k)
"reporting
entity" means the constituent entity including the parent entity or the
alternate reporting entity, that is required to furnish a report of the nature
referred to in sub-section (2);
(l)
"systemic
failure" with respect to a country or territory means that the country or
territory has an agreement with India providing for exchange of report of the
nature referred to in sub-section (2), but--
(i)
in violation
of the said agreement, it has suspended automatic exchange; or
(ii)
has
persistently failed to automatically provide to India the report in its
possession in respect of any international group having a constituent entity
resident in India.'.
Section 114 - Amendment of section 288
In section
288 of the Income-tax Act, in sub-section (4), in clause (b), after the
word and figures "section 271", the words, brackets, letters and
figures "clause (d) of sub-section (1) of section 272A or"
shall be inserted with effect from the 1st day of April, 2017.
Section 115 - Amendment of Fourth Schedule
In the
Fourth Schedule to the Income-tax Act, in Part A, with effect from the 1st day
of April, 2017 in rule 8,--
(i)
in clause
(iii), for the words "such other employer" occurring at the end, the
words "such other employer; or" shall be substituted;
(ii)
after clause
(iii) and before the Explanation, the following clause shall be inserted,
namely:--
"(iv)
if the entire balance standing to the credit of the employee is transferred to
his account under a pension scheme referred to in section 80CCD and
notified by the Central Government.".
Section 116 to 139 ? Customs
Section 116 - Amendment of section 2
In the
Customs Act, 1962 (52 of 1962) (hereinafter referred to as the Customs Act),
in section 2,--
(i)
for clause
(43), the following clause shall be substituted, namely:--
'(43)
"warehouse" means a public warehouse licensed under section
57 or a private warehouse licensed under section 58 or a special
warehouse licensed under section 58A;';
(ii)
clause (45)
shall be omitted.
Section 117 - Amendment of chapter heading of Chapter III
In the
Customs Act, in Chapter III, for the chapter heading, the following chapter
heading shall be substituted, namely:--
"APPOINTMENT OF CUSTOMS PORTS, AIRPORTS, ETC.".
Section 118 - Omission of section 9
In the
Customs Act, section 9 shall be omitted.
Section 119 - Amendment of section 25
In the
Customs Act, in section 25,--
(i)
for
sub-section (4), the following sub-section shall be substituted, namely:--
"(4)
Every notification issued under sub-section (1) or sub-section (2A) shall,
unless otherwise provided, come into force on the date of its issue by the
Central Government for publication in the Official Gazette.";
(ii)
sub-section
(5) shall be omitted.
Section 120 - Amendment of section 28
In the
Customs Act, in section 28,--
(i)
in the
marginal heading, for the words "duties not levied or short-levied",
the words "duties not levied or not paid or short-levied or
short-paid" shall be substituted;
(ii)
in
sub-section (1),--
(i)
in the
opening paragraph, for the words "duty has not been levied or has been
short-levied", the words "duty has not been levied or not paid or has
been short-levied or short-paid" shall be substituted;
(ii)
in clause
(a),--
(A)
for the
words "one year", the words "two years" shall be
substituted;
(B)
after the
words "so levied", the words "or paid" shall be inserted;
(iii)
in
sub-section (3), for the words "one year", the words "two
years" shall be substituted;
(iv)
in
sub-section (4),--
(i)
in the
opening paragraph, for the words "levied or has been short-levied",
the words "levied or not paid or has been short-levied or short-paid"
shall be substituted;
(ii)
in the long
line, for the words "so levied", the words "so levied or not
paid" shall be substituted;
(v)
in
sub-section (5), for the words "duty has not been levied or has been
short-levied", the words "duty has not been levied or not paid or has
been short-levied or short-paid" shall be substituted;
(vi)
in
sub-section (6), in item (ii), for the words "one year", the words
"two years" shall be substituted;
(vii)
in
sub-section (7), for the words "one year", the words "two
years" shall be substituted;
(viii)
in
Explanation 1, in clause (a), for the words "not levied", the words
"not levied or not paid or short-levied or short-paid" shall be
substituted.
Section 121 - Amendment of section 47
In the
Customs Act, in section 47,--
(a)
in
sub-section (1), the following proviso shall be inserted, namely:--
"Provided
that the Central Government may, by notification in the Official Gazette,
permit certain class of importers to make deferred payment of said duty or any
charges in such manner as may be provided by rules.";
(b)
in
sub-section (2), for the portion beginning with the words "Where the
importer" and ending with the words "payment of the said duty",
the following shall be substituted, namely:--
"Where
the importer fails to pay the import duty, either in full or in part, within
two days (excluding holidays)--
(a)
from the
date on which the bill of entry is returned to him for payment of duty; or
(b)
in the case
of deferred payment under the proviso to sub-section (1), from such due date as
may be specified by rules made in this behalf, he shall pay interest on the
duty not paid or short-paid till the date of its payment, at such rate, not
below ten per cent. and not exceeding thirty-six per cent. per annum, as may be
fixed by the Central Government, by notification in the Official
Gazette.".
Section 122 - Amendment of section 51
In the
Customs Act, section 51 shall be renumbered as sub-section (1)
thereof, and--
(a)
in
sub-section (1) as so renumbered, the following proviso shall be inserted,
namely:--
"Provided
that the Central Government may, by notification in the Official Gazette,
permit certain class of exporters to make deferred payment of said duty or any
charges in such manner as may be provided by rules.";
(b)
after
sub-section (1) as so renumbered, the following sub-section shall be inserted,
namely:--
"(2)
Where the exporter fails to pay the export duty, either in full or in part,
under the proviso to sub-section (1) by such due date as may be specified by
rules, he shall pay interest on said duty not paid or short-paid till the date
of its payment at such rate, not below five per cent. and not exceeding
thirty-six per cent. per annum, as may be fixed by the Central Government, by
notification in the Official Gazette.".
Section 123 -
In the
Customs Act, for section 53, the following section shall be substituted,
namely:--
"53.
Transit of certain goods without payment of duty
Subject to
the provisions of section 11, where any goods imported in a conveyance and
mentioned in the import manifest or the import report, as the case may be, as
for transit in the same conveyance to any place outside India or to any customs
station, the proper officer may allow the goods and the conveyance to transit
without payment of duty, subject to such conditions, as may be
prescribed.".
Section 124 - Substitution of new section for section 57
In the
Customs Act, for section 57, the following section shall be substituted,
namely:--
"57.
Licensing of public warehouses
The
Principal Commissioner of Customs or Commissioner of Customs may, subject to
such conditions as may be prescribed, licence a public warehouse wherein
dutiable goods may be deposited.".
Section 125 - Substitution of new sections 58, 58A and 58B for section 58
In the
Customs Act, for section 58, the following sections shall be substituted,
namely:--
"58.
Licensing of private warehouses
The
Principal Commissioner of Customs or Commissioner of Customs may, subject to
such conditions as may be prescribed, licence a private warehouse wherein
dutiable goods imported by or on behalf of the licensee may be deposited.
58A.
Licensing of special warehouses
(1)
The
Principal Commissioner of Customs or Commissioner of Customs may, subject to
such conditions as may be prescribed, licence a special warehouse wherein
dutiable goods may be deposited and such warehouse shall be caused to be locked
by the proper officer and no person shall enter the warehouse or remove any
goods therefrom without the permission of the proper officer.
(2)
The Board
may, by notification in the Official Gazette, specify the class of goods which
shall be deposited in the special warehouse licensed under sub-section (1).
58B.
Cancellation of licence
(1)
Where a
licensee contravenes any of the provisions of this Act or the rules or
regulations made thereunder or breaches any of the conditions of the licence,
the Principal Commissioner of Customs or Commissioner of Customs may cancel the
licence granted under section 57 or section
58 or section 58A:
Provided
that before any licence is cancelled, the licensee shall be given a reasonable
opportunity of being heard.
(2)
The
Principal Commissioner of Customs or Commissioner of Customs may, without prejudice
to any other action that may be taken against the licensee and the goods under
this Act or any other law for the time being in force, suspend operation of the
warehouse during the pendency of an enquiry under sub-section (1).
(3)
Where the
operation of a warehouse is suspended under sub-section (2), no goods shall be
deposited in such warehouse during the period of suspension:
Provided
that the provisions of this Chapter shall continue to apply to the goods
already deposited in the warehouse.
(4)
Where the licence
issued under section 57 or section 58 or section
58A is cancelled, the goods warehoused shall, within seven days from the
date on which order of such cancellation is served on the licensee or within
such extended period as the proper officer may allow, be removed from such
warehouse to another warehouse or be cleared for home consumption or export:
Provided
that the provisions of this Chapter shall continue to apply to the goods
already deposited in the warehouse till they are removed to another warehouse
or cleared for home consumption or for export, during such period.".
Section 126 - Substitution of new section for section 59
In the
Customs Act, for section 59, the following section shall be substituted,
namely:--
"59.
Warehousing bond
(1)
The importer
of any goods in respect of which a bill of entry for warehousing has been
presented under section 46 and assessed to duty under section
17 or section 18 shall execute a bond in a sum equal to thrice
the amount of the duty assessed on such goods, binding himself--
(a)
to comply
with all the provisions of the Act and the rules and regulations made
thereunder in respect of such goods;
(b)
to pay, on
or before the date specified in the notice of demand, all duties and interest
payable under sub-section (2) of section 61; and
(c)
to pay all
penalties and fines incurred for the contravention of the provisions of this
Act or the rules or regulations, in respect of such goods.
(2)
For the
purposes of sub-section (1), the Assistant Commissioner of Customs or Deputy
Commissioner of Customs may permit an importer to execute a general bond in
such amount as the Assistant Commissioner of Customs or Deputy Commissioner of
Customs may approve in respect of the warehousing of goods to be imported by
him within a specified period.
(3)
The importer
shall, in addition to the execution of a bond under sub-section (1) or
sub-section (2), furnish such security as may be prescribed.
(4)
Any bond
executed under this section by an importer in respect of any goods shall
continue to be in force notwithstanding the transfer of the goods to another
warehouse.
(5)
Where the
whole of the goods or any part thereof are transferred to another person, the
transferee shall execute a bond in the manner specified in sub-section (1) or
sub-section (2) and furnish security as specified under sub-section (3).".
Section 127 - Substitution of new section for section 60
In the
Customs Act, for section 60, the following section shall be substituted,
namely:--
"60.
Permission for removal of goods for deposit in warehouse
(1)
When the
provisions of section 59 have been complied with in respect of any
goods, the proper officer may make an order permitting removal of the goods
from a customs station for the purpose of deposit in a warehouse.
(2)
Where an
order is made under sub-section (1), the goods shall be deposited in a
warehouse in such manner as may be prescribed.".
Section 128 - Substitution of new section for section 61
In the
Customs Act, for section 61, the following section shall be substituted,
namely:--
'61. Period
for which goods may remain warehoused
(1)
Any
warehoused goods may remain in the warehouse in which they are deposited or in
any warehouse to which they may be removed,--
(a)
in the case
of capital goods intended for use in any hundred per cent. export oriented
undertaking or electronic hardware technology park unit or software technology
park unit or any warehouse wherein manufacture or other operations have been
permitted under section 65, till their clearance from the warehouse;
(b)
in the case
of goods other than capital goods intended for use in any hundred per cent.
export oriented undertaking or electronic hardware technology park unit or
software technology park unit or any warehouse wherein manufacture or other
operations have been permitted under section 65, till their consumption or
clearance from the warehouse; and
(c)
in the case
of any other goods, till the expiry of one year from the date on which the
proper officer has made an order under sub-section (1) of section 60:
Provided
that in the case of any goods referred to in this clause, the Principal
Commissioner of Customs or Commissioner of Customs may, on sufficient cause
being shown, extend the period for which the goods may remain in the warehouse,
by not more than one year at a time:
Provided further
that where such goods are likely to deteriorate, the period referred to in the
first proviso may be reduced by the Principal Commissioner of Customs or
Commissioner of Customs to such shorter period as he may deem fit.
(2)
Where any
warehoused goods specified in clause (c) of sub-section (1) remain in a
warehouse beyond a period of ninety days from the date on which the proper
officer has made an order under sub-section (1) of section 60, interest
shall be payable at such rate as may be fixed by the Central Government
under section 47, on the amount of duty payable at the time of clearance
of the goods, for the period from the expiry of the said ninety days till the
date of payment of duty on the warehoused goods:
Provided
that if the Board considers it necessary so to do, in the public interest, it
may,--
(a)
by order,
and under the circumstances of an exceptional nature, to be specified in such
order, waive the whole or any part of the interest payable under this section
in respect of any warehoused goods;
(b)
by
notification in the Official Gazette, specify the class of goods in respect of
which no interest shall be charged under this section;
(c)
by
notification in the Official Gazette, specify the class of goods in respect of
which the interest shall be chargeable from the date on which the proper
officer has made an order under sub-section (1) of section 60.
Explanation.--For
the purposes of this section,--
(i)
"electronic
hardware technology park unit" means a unit established under the
Electronic Hardware Technology Park Scheme notified by the Government of India;
(ii)
''hundred
per cent. export oriented undertaking" has the same meaning as in clause
(ii) of Explanation 2 to sub-section (1) of section 3 of the Central
Excise Act, 1944 (1 of 1944); and
(iii)
"software
technology park unit" means a unit established under the Software
Technology Park Scheme notified by the Government of India.'.
Section 129 - Omission of sections 62 and 63
In the
Customs Act, sections 62 and 63 shall be omitted.
Section 130 - Substitution of new section for section 64
In the
Customs Act, for section 64, the following section shall be substituted,
namely:--
"64.
Owner's right to deal with warehoused goods
The owner of
any warehoused goods may, after warehousing the same,--
(a)
inspect the goods;
(b)
deal with
their containers in such manner as may be necessary to prevent loss or
deterioration or damage to the goods;
(c)
sort the
goods; or
(d)
show the
goods for sale.".
Section 131 - Amendment of section 65
In the
Customs Act, in section 65, in sub-section (1), for the words "With
the sanction of the Assistant Commissioner of Customs or Deputy Commissioner of
Customs and subject to such conditions and on payment of such fees", the
words "With the permission of the Principal Commissioner of Customs or
Commissioner of Customs and subject to such conditions" shall be
substituted.
Section 132 - Amendment of section 68
In the
Customs Act, in section 68,--
(i)
in the
opening paragraph, for the words "The importer of any warehoused goods may
clear them", the words "Any warehoused goods may be cleared from the
warehouse" shall be substituted;
(ii)
for clause
(b), the following clause shall be substituted, namely:--
"(b)
the import duty, interest, fine and penalties payable in respect of such goods
have been paid; and";
(iii)
in the first
proviso, the words "rent, interest, other charges and" shall be
omitted.
Section 133 - Amendment of section 69
In the
Customs Act, in section 69,--
(i)
in the
marginal heading, for the word "exportation", the word
"export" shall be substituted;
(ii)
in
sub-section (1),--
(A)
for clause
(b), the following clause shall be substituted, namely:--
"(b)
the export duty, fine and penalties payable in respect of such goods have been
paid; and";
(B)
in clause
(c), for the word "exportation", the word "export" shall be
substituted.
Section 134 - Amendment of section 71
In the
Customs Act, in section 71, for the word "re-exportation", the
word "export" shall be substituted.
Section 135 - Amendment of section 72
In the
Customs Act, in ,--
(a)
in
sub-section (1),--
(i)
clause (c)
shall be omitted;
(ii)
in clause
(d), for the word "exportation", the words "export or"
shall be substituted;
(iii)
in the long
line, for the words "all penalties, rent, interest and other
charges", the words "interest, fine and penalties" shall be substituted;
(b)
in
sub-section (2), for the word "select", the words "deem
fit" shall be substituted.
Section 136 - Amendment of section 73
In the
Customs Act, in section 73, after the words "exported or", the
words "transferred or" shall be inserted.
Section 137 - Insertion of new section 73A
In the
Customs Act, after section 73, the following section shall be inserted,
namely:--
"73A.
Custody and removal of warehoused goods
(1)
All
warehoused goods shall remain in the custody of the person who has been granted
a licence under section 57 or section 58 or section
58A until they are cleared for home consumption or are transferred to
another warehouse or are exported or removed as otherwise provided under this
Act.
(2)
The
responsibilities of the person referred to in sub-section (1) who has custody
of the warehoused goods shall be such as may be prescribed.
(3)
Where any
warehoused goods are removed in contravention of section 71, the licensee
shall be liable to pay duty, interest, fine and penalties without prejudice to any
other action that may be taken against him under this Act or any other law for
the time being in force.".
Section 138 - Amendment of section 156
In the
Customs Act, in section 156, in sub-section (2), after clause (b), the
following clause shall be inserted, namely:--
"(c)
the due date and the manner of making deferred payment of duties, taxes, cesses
or any other charges under sections 47 and 51.".
Section 139 - Amendment of notifications issued under section 25 of Act 52 of 1962
(1)
The
notifications of the Government of India in the Ministry of Finance (Department
of Revenue) number G.S.R. 367(E), dated the 27th April, 2000, G.S.R. 292(E),
dated the 19th April, 2002, G.S.R. 281(E), dated the 1st April, 2003, G.S.R.
604(E), dated the 10th September, 2004, G.S.R. 606(E), dated the 10th
September, 2004 and G.S.R. 260(E), dated the 1st May, 2006 issued under
sub-section (1) of section 25 of the Customs Act, 1962 by the Central
Government shall stand amended and shall be deemed to have been amended in the
manner as specified against each of them in column (3) of the Second Schedule,
on and from the corresponding date mentioned in column (4) of that Schedule,
retrospectively, and accordingly, notwithstanding anything contained in any
judgment, decree or order of any court, tribunal or other authority, any action
taken or anything done or purported to have been taken or done under the said
notifications, shall be deemed to be, and always to have been, for all
purposes, as validly and effectively taken or done as if the notifications as
amended by this sub-section had been in force at all material times.
(2)
For the
purposes of sub-section (1), the Central Government shall have and shall be
deemed to have the power to amend the notifications referred to in the said
sub-section with retrospective effect as if the Central Government had the
power to amend the said notifications under sub-section (1) of section
25 of the Customs Act, 1962 retrospectively, at all material times.
(3)
The refund
shall be made of all such safeguard duty which has been collected, but would
not have been so collected, had the amendments made in sub-section (1) been in
force at all material times and such refund shall be subject to the provisions
of section 27 of the Customs Act, 1962.
(4)
Notwithstanding
anything contained in section 27 of the Customs Act, 1962, an
application for the claim of refund of safeguard duty under sub-section (3)
shall be made within a period of one year from the date on which the Finance
Bill, 2016 receives the assent of the President.
Section 140 - Section 140
In the
Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs
Tariff Act), section 8C shall be omitted.
Section 141 - Amendment of First Schedule
In the
Customs Tariff Act, the First Schedule shall,--
(i)
be amended
in the manner specified in the Third Schedule;
(ii)
be also
amended in the manner specified in the Fourth Schedule with effect from the 1st
day of January, 2017.
Section 142 - Amendment of section 5A
In the
Central Excise Act, 1944 (1 of 1944) (hereinafter referred to as the Central
Excise Act), in section 5A,--
(i)
for
sub-section (5), the following sub-section shall be substituted, namely:--
"(5)
Every notification issued under sub-section (1) or sub-section (2A) shall,
unless otherwise provided, come into force on the date of its issue by the
Central Government for publication in the Official Gazette.";
(ii)
sub-section
(6) shall be omitted.
Section 143 - Amendment of section 11A
In the
Central Excise Act, in section 11A, for the words "one year",
wherever they occur, the words "two years" shall be substituted.
Section 144 - Amendment of section 37B
In the
Central Excise Act, in section 37B, for the words "such goods",
the words "such goods or for the implementation of any other provision of
this Act" shall be substituted.
Section 145 - Amendment of Third Schedule
In the
Central Excise Act, the Third Schedule shall be amended--
(i)
in the
manner specified in the Fifth Schedule;
(ii)
in the
manner specified in the Sixth Schedule, with effect from the 1st day of
January, 2017.
Section 146 - Amendment of First Schedule
In the
Central Excise Tariff Act, 1985 (5 of 1986) (hereinafter referred to as the
Central Excise Tariff Act), the First Schedule shall be amended--
(i)
in the
manner specified in the Seventh Schedule;
(ii)
in the
manner specified in the Eighth Schedule, with effect from the 1st day of
January, 2017.
Section 147 - Amendment of Second Schedule
In the
Central Excise Tariff Act, the Second Schedule shall be amended in the manner
specified in the Ninth Schedule, with effect from the 1st day of January, 2017.
Section 148 -
In the
Finance Act, 1994 (32 of 1994) (hereinafter referred to as the 1994 Act),
in section 65B,--
(a)
clause (11)
shall be omitted;
(b)
in clause
(44), in Explanation 2, in sub-clause (ii), for item (a), the following item
shall be substituted, namely:--
"(a) by
a lottery distributor or selling agent on behalf of the State Government, in
relation to promotion, marketing, organising, selling of lottery or
facilitating in organising lottery of any kind, in any other manner, in
accordance with the provisions of the Lotteries (Regulation) Act, 1998 (17 of
1998);".
Section 149 - Amendment of section 66D
In the 1994
Act, in section 66D,--
(a)
clause (l)
shall be omitted;
(b)
with effect
from the 1st day of June, 2016--
(i)
in clause
(o), sub-clause (i) shall be omitted;
(ii)
in clause
(p), sub-clause (ii) shall be omitted.
Section 150 - Amendment of section 66E
In the 1994
Act, in section 66E, after clause (i), the following clause shall be
inserted, namely:--
"(j)
assignment by the Government of the right to use the radio-frequency spectrum
and subsequent transfers thereof.".
Section 151 - Amendment of section 67A
In the 1994
Act, in section 67A, the existing section shall be renumbered as
sub-section (1) thereof, and after sub-section (1) as so renumbered, the
following sub-section shall be inserted, namely:--
"(2)
The time or the point in time with respect to the rate of service tax shall be
such as may be prescribed.".
Section 152 - Amendment of section 73
In the 1994
Act, in section 73,--
(i)
in
sub-sections (1), (1A), (2A) and (3), for the words "eighteen
months", wherever they occur, the words "thirty months" shall be
substituted;
(ii)
in
sub-section (4B), in clause (a), for the words "whose limitation is
specified as eighteen months in", the words "falling under"
shall be substituted.
Section 153 - Amendment of section 75
In the 1994
Act, in section 75, for the words ''Provided that'', the following shall
be substituted, namely:--
''Provided
that in the case of a person who collects any amount as service tax but fails
to pay the amount so collected to the credit of the Central Government, on or
before the date on which such payment is due, the Central Government may, by
notification in the Official Gazette, specify such other rate of interest, as
it may deem necessary:
Provided
further that''.
Section 154 - Amendment of section 78A
In the 1994
Act, in section 78A, the following Explanation shall be inserted,
namely:--
"Explanation.--For
the removal of doubts, it is hereby clarified that where any service tax has
not been levied or paid or has been short-levied or short-paid or erroneously
refunded, and the proceedings with respect to a notice issued under sub-section
(1) of section 73 or the proviso to sub-section (1) of section
73 is concluded in accordance with the provisions of clause (i) of the
first proviso to section 76 or clause (i) of the second proviso
to section 78, as the case may be, the proceedings pending against any
person under this section shall also be deemed to have been concluded.".
Section 155 - Amendment of section 89
In the 1994
Act, in section 89, in sub-section (1), for the words "fifty lakh
rupees", at both the places where they occur, the words "two hundred
lakh rupees" shall be substituted.
Section 156 - Amendment of section 90
In the 1994
Act, in section 90, sub-section (2) shall be omitted.
Section 157 - Amendment of section 91
In the 1994
Act, in section 91,--
(a)
in
sub-section (1), the words, brackets and letter "clause (i) or" shall
be omitted;
(b)
sub-section
(3) shall be omitted.
Section 158 - Amendment of section 93A
In the 1994
Act, in section 93A, for the word "prescribed", the words
"prescribed or specified by notification in the Official Gazette"
shall be substituted.
Section 159 - Insertion of new sections 101, 102 and 103
In the 1994
Act, after section 100, the following sections shall be inserted,
namely:--
"101.
Special provision for exemption in certain cases relating to construction of
canal, dam, etc
(1)
Notwithstanding
anything contained in section 66B, no service tax shall be levied or
collected during the period commencing from the 1st day of July, 2012 and
ending with the 29th day of January, 2014 (both days inclusive) in respect of
taxable services provided to an authority or a board or any other body--
(i)
set up by an
Act of Parliament or a State Legislature; or
(ii)
established
by the Government, with ninety per cent. or more participation by way of
equity or control, to carry out any function entrusted to a municipality under article
243W of the Constitution, by way of construction, erection, commissioning,
installation, completion, fitting out, repair, maintenance, renovation or
alteration of canal, dam or other irrigation works.
(2)
Refund shall
be made of all such service tax which has been collected but which would not
have been so collected had sub-section (1) been in force at all material times.
(3)
Notwithstanding
anything contained in this Chapter, an application for the claim of refund of
service tax shall be made within a period of six months from the date on which
the Finance Bill, 2016 receives the assent of the President.
102. Special
provision for exemption in certain cases relating to construction of Government
buildings
(1)
Notwithstanding
anything contained in section 66B, no service tax shall be levied or
collected during the period commencing from the 1st day of April, 2015 and
ending with the 29th day of February, 2016 (both days inclusive), in respect of
taxable services provided to the Government, a local authority or a
Governmental authority, by way of construction, erection, commissioning,
installation, completion, fitting out, repair, maintenance, renovation or
alteration of--
(a)
a civil
structure or any other original works meant predominantly for use other than for
commerce, industry or any other business or profession;
(b)
a structure
meant predominantly for use as--
(i)
an
educational establishment;
(ii)
a clinical
establishment; or
(iii)
an art or
cultural establishment;
(c)
a
residential complex predominantly meant for self-use or for the use of their
employees or other persons specified in Explanation 1 to clause (44)
of section 65B of the said Act, under a contract entered into
before the 1st day of March, 2015 and on which appropriate stamp duty, where
applicable, had been paid before that date.
(2)
Refund shall
be made of all such service tax which has been collected but which would not
have been so collected had sub-section (1) been in force at all material times.
(3)
Notwithstanding
anything contained in this Chapter, an application for the claim of refund of
service tax shall be made within a period of six months from the date on which
the Finance Bill, 2016 receives the assent of the President.
103. Special
provision for exemption in certain cases relating to construction of airport or
port
(1)
Notwithstanding
anything contained in section 66B, no service tax shall be levied or
collected during the period commencing from the 1st day of April, 2015 and
ending with the 29th day of February, 2016 (both days inclusive), in respect of
services provided by way of construction, erection, commissioning or
installation of original works pertaining to an airport or port, under a
contract which had been entered into before the 1st day of March, 2015 and on
which appropriate stamp duty, where applicable, had been paid before that date,
subject to the condition that Ministry of Civil Aviation or, as the case may
be, the Ministry of Shipping in the Government of India certifies that the
contract had been entered into before the 1st day of March, 2015.
(2)
Refund shall
be made of all such service tax which has been collected but which would not
have been so collected had sub-section (1) been in force at all material times.
(3)
Notwithstanding
anything contained in this Chapter, an application for the claim of refund of
service tax shall be made within a period of six months from the date on which
the Finance Bill, 2016 receives the assent of the President.".
Section 160 - Amendment of notification issued under section 93A of Finance Act, 1994
(1)
The notification
of the Government of India in the Ministry of Finance (Department of
Revenue) number G.S.R. 519(E), dated the 29th June, 2012 issued
under section 93A of the Finance Act, 1994 (32 of 1994) granting
rebate of service tax paid on the taxable services which are received by an
exporter of goods and used for export of goods, shall stand amended and shall
be deemed to have been amended retrospectively, in the manner specified in
column (2) of the Tenth Schedule, on and from and up to the corresponding dates
specified in column (3) of the Schedule, and accordingly, any action taken or
anything done or purported to have taken or done under the said notification as
so amended, shall be deemed to be, and always to have been, for all purposes,
as validly and effectively taken or done as if the said notification as amended
by this sub-section had been in force at all material times.
(2)
Rebate of
all such service tax shall be granted which has been denied, but which would
not have been so denied had the amendment made by sub-section (1) been in force
at all material times.
(3)
Notwithstanding
anything contained in the Finance Act, 1994 (32 of 1994), an application for
the claim of rebate of service tax under sub-section (2) shall be made within
the period of one month from the date of commencement of the Finance Act, 2016.
Section 161 - Krishi Kalyan Cess
(1)
This Chapter
shall come into force on the 1st day of June, 2016.
(2)
There shall
be levied and collected in accordance with the provisions of this Chapter, a
cess to be called the Krishi Kalyan Cess, as service tax on all or any of the
taxable services at the rate of 0.5 per cent. on the value of such services for
the purposes of financing and promoting initiatives to improve agriculture or
for any other purpose relating thereto.
(3)
The Krishi
Kalyan Cess leviable under sub-section (2) shall be in addition to any cess or
service tax leviable on such taxable services under Chapter V of the Finance
Act, 1994 (32 of 1994), or under any other law for the time being in force.
(4)
The proceeds
of the Krishi Kalyan Cess levied under sub-section (2) shall first be credited
to the Consolidated Fund of India and the Central Government may, after due
appropriation made by Parliament by law in this behalf, utilise such sums of
money of the Krishi Kalyan Cess for such purposes specified in sub-section (2),
as it may consider necessary.
(5)
The
provisions of Chapter V of the Finance Act, 1994 (32 of 1994) and the rules
made thereunder, including those relating to refunds and exemptions from tax,
interest and imposition of penalty shall, as far as may be, apply in relation
to the levy and collection of the Krishi Kalyan Cess on taxable services, as
they apply in relation to the levy and collection of tax on such taxable
services under the said Chapter or the rules made thereunder, as the case may
be.
Section 162 - Infrastructure Cess
(1)
In the case
of goods specified in the Eleventh Schedule, being goods manufactured or
produced, there shall be levied and collected for the purposes of the Union, a duty
of excise, to be called the Infrastructure Cess, at the rates specified in the
said Schedule for the purposes of financing infrastructure projects.
(2)
The cess
leviable under sub-section (1), chargeable on the goods specified in the
Eleventh Schedule shall be in addition to any other duties of excise chargeable
on such goods under the Central Excise Act, 1944 (1 of 1944) or any other law
for the time being in force.
(3)
The
provisions of the Central Excise Act, 1944 (1 of 1944) and the rules made
thereunder, including those relating to assessment, non-levy, short-levy,
refunds, interest, appeals, offences and penalties, shall, as far as may be,
apply in relation to the levy and collection of the cess leviable under
sub-section (1) in respect of the goods specified in the Eleventh Schedule as
they apply in relation to the levy and collection of the duties of excise on
such goods under the said Act or the rules, as the case may be.
(4)
The cess
leviable under sub-section (1) shall be for the purposes of the Union and the
proceeds thereof shall not be distributed among the States.
[3][CHAPTER VIII
EQUALISATION LEVY]
Section 163 - Extent, commencement and application
(1)
This Chapter
extends to the whole of India except the State of Jammu and Kashmir.
(2)
It shall
come into force on such date as the Central Government may, by notification in
the Official Gazette, appoint.
(3)
It shall
apply to consideration received or receivable for specified services provided
on or after the commencement of this [4][Chapter,
and to consideration received or receivable for e-commerce supply or services
made or provided or facilitated on or after the 1st day of April, 2020].
[5][Provided that the consideration received or receivable for specified
services and for e-commerce supply or services shall not include the
consideration, which are taxable as royalty or fees for technical services in
India under the Income-tax Act, read with the agreement notified by the Central
Government under section 90 or section 90A of the said Act.]
Section 164 - Definitions
In this
Chapter, unless the context otherwise requires,--
(a)
"Appellate
Tribunal" means the Appellate Tribunal constituted under section
252 of the Income-tax Act;
(b)
"Assessing
Officer" means the Income-tax Officer or Assistant Commissioner of
Income-tax or Deputy Commissioner of Income-tax or Joint Commissioner of
Income-tax or Additional Commissioner of Income-tax who is authorised by the
Board to exercise or perform all or any of the powers and functions conferred
on, or assigned to, an Assessing Officer under this Chapter;
(c)
"Board"
means the Central Board of Direct Taxes constituted under the Central Boards of
Revenue Act, 1963 (54 of 1963);
[6][(ca) "e-commerce operator" means a non-resident who
owns, operates or manages digital or electronic facility or platform for online
sale of goods or online provision of services or both;
(cb) "e-commerce supply or services" means--
(i)
online sale
of goods owned by the e-commerce operator; or
(ii)
online
provision of services provided by the e-commerce operator; or
(iii)
online sale
of goods or provision of services or both, facilitated by the e-commerce
operator; or
(iv)
any
combination of activities listed in clause (i), (ii) or clause (iii);]
[7][Explanation.--For the purposes of this clause, ?online sale of goods?
and ?online provision of services? shall include one or more of the following
online activities, namely:--
(a)
acceptance
of offer for sale; or
(b)
placing of
purchase order; or
(c)
acceptance
of the purchase order; or
(d)
payment of
consideration; or
(e)
supply of
goods or provision of services, partly or wholly;]
(d)
"equalisation
levy" means the tax leviable on consideration received or receivable for
any specified service [or e-commerce supply or services] under the
provisions of this Chapter;
(e)
"Income-tax
Act" means the Income-tax Act, 1961 (43 of 1961);
(f)
"online"
means a facility or service or right or benefit or access that is obtained
through the internet or any other form of digital or telecommunication network;
(g)
"permanent
establishment" includes a fixed place of business through which the
business of the enterprise is wholly or partly carried on;
(h)
"prescribed"
means prescribed by rules made under this Chapter;
(i)
"specified
service" means online advertisement, any provision for digital advertising
space or any other facility or service for the purpose of online advertisement
and includes any other service as may be notified by the Central Government in
this behalf;
(j)
words and
expressions used but not defined in this Chapter and defined in the Income-tax
Act, or the rules made thereunder, shall have the meanings respectively
assigned to them in that Act.
Section - 165.[8][Charge of equilisation levy on specified service]
(1)
On and from
the date of commencement of this Chapter, there shall be charged an
equalisation levy at the rate of six per cent. of the amount of consideration
for any specified service received or receivable by a person, being a
non-resident from--
(i)
a person
resident in India and carrying on business or profession; or
(ii)
a
non-resident having a permanent establishment in India.
(2)
The
equalisation levy under sub-section (1) shall not be charged, where--
(a)
the
non-resident providing the specified service has a permanent establishment in
India and the specified service is effectively connected with such permanent establishment;
(b)
the
aggregate amount of consideration for specified service received or receivable
in a previous year by the non-resident from a person resident in India and
carrying on business or profession, or from a non-resident having a permanent
establishment in India, does not exceed one lakh rupees; or
(c)
where the
payment for the specified service by the person resident in India, or the
permanent establishment in India is not for the purposes of carrying out
business or profession.
[9][Section 165A. Charge of equalisation levy on e-commerce supply of services
(1)
On and from
the 1st day of [10][April],
2020, there shall be charged an equalisation levy at the rate of two per cent.
of the amount of consideration received or receivable by an e-commerce operator
from e-commerce supply or services made or provided or facilitated by it--
(i)
to a person
resident in India; or
(ii)
to a
non-resident in the specified circumstances as referred to in sub-section (3);
or
(iii)
to a person
who buys such goods or services or both using internet protocol address located
in India.
(2)
The
equalisation levy under sub-section (1) shall not be charged--
(i)
where the
e-commerce operator making or providing or facilitating e-commerce supply or
services has a permanent establishment in India and such e-commerce supply or
services is effectively connected with such permanent establishment;
(ii)
where the
equalisation levy is leviable under section 165; or
(iii)
sales,
turnover or gross receipts, as the case may be, of the e-commerce operator from
the e-commerce supply or services made or provided or facilitated as referred
to in sub-section (1) is less than two crore rupees during the previous year.
(3)
For the
purposes of this [11][section,--
(a)
?specified
circumstances? mean--]
(i)
sale of
advertisement, which targets a customer, who is resident in India or a customer
who accesses the advertisement 3[through] internet
protocol address located in India; and
(ii)
sale of
data, collected from a person who is resident in India or from a person who
uses internet protocol address located in India.]
(b)
[12][consideration received or receivable from e-commerce supply or services
shall include--
(i)
consideration
for sale of goods irrespective of whether the e-commerce operator owns the
goods, so, however, that it shall not include consideration for sale of such
goods which are owned by a person resident in India or by a permanent
establishment in India of a person non-resident in India, if sale of such goods
is effectively connected with such permanent establishment.
(ii)
consideration
for provision of services irrespective of whether service is provided or
facilitated by the e-commerce operator, so, however, that it shall not include
consideration for provision of services which are provided by a person resident
in India or by permanent establishment in India of a person non-resident in
India, if provision of such services is effectively connected with such
permanent establishment.]
[13][Section? - 166. Collection and recovery of equalisation levy on specified services]
(1)
Every
person, being a resident and carrying on business or profession or a
non-resident having a permanent establishment in India (hereafter in this
Chapter referred to as assessee) shall deduct the [14][equalisation levy referred to in
sub-section (1) of section 165] from the amount paid or payable to a
nonresident in respect of the specified service at the rate specified in
section 165, if the aggregate amount of consideration for specified service in
a previous year exceeds one lakh rupees.
(2)
The
equalisation levy so deducted during any calendar month in accordance with the
provisions of sub-section (1) shall be paid by every assessee to the credit of
the Central Government by the seventh day of the month immediately following
the said calendar month.
(3)
Any assessee
who fails to deduct the levy in accordance with the provisions of sub-section
(1) shall, notwithstanding such failure, be liable to pay the levy to the
credit of the Central Government in accordance with the provisions of
sub-section (2).
[15][Section - 166A. Collection and recovery of equalisation levy on e-commerce supply or services
The equalisation levy referred to in sub-section (1) of section 165A,
shall be paid by every e-commerce operator to the credit of the Central
Government for the quarter of the financial year ending with the date specified
in column (2) of the Table below by the due date specified in the corresponding
entry in column (3) of the said Table:
TABLE
Serial number |
Date of ending of the quarter of financial year |
Due date of the financial year |
(1) |
(2) |
(3) |
1. |
30th June |
7th July |
2. |
30th September |
7th October |
3. |
31st December |
7th January |
4. |
31st March |
31st March.] |
Section 167 - Furnishing of statement
(1)
Every [16][assessee or e-commerce
operator] shall, within the prescribed time after the end of each
financial year, prepare and deliver or cause to be delivered to the Assessing
Officer or to any other authority or agency authorised by the Board in this
behalf, a statement in such form, verified in such manner and setting forth
such particulars as may be prescribed, in respect of all [17][specified services or e-commerce
supply or services, as the case may be,] during such financial year.
(2)
An [18][assessee or e-commerce
operator] who has not furnished the statement within the time prescribed
under sub-section (1) or having furnished a statement under sub-section (1),
notices any omission or wrong particular therein, may furnish a statement or a
revised statement, as the case may be, at any time before the expiry of two
years from the end of the financial year in which the [19][specified services was provided
or e-commerce supply or services was made or provided or facilitated].
(3)
Where
any [20][assessee or e-commerce
operator] fails to furnish the statement under sub-section (1) within the
prescribed time, the Assessing Officer may serve a notice upon such assessee
requiring him to furnish the statement in the prescribed form, verified in the
prescribed manner and setting forth such particulars, within such time, as may
be prescribed.
Section 168 - Processing of statement
(1)
Where a
statement has been made under section 167 by the [21][assessee or e-commerce
operator], such statement shall be processed in the following manner, namely:--
(a)
the
equalisation levy shall be computed after making the adjustment for any
arithmetical error in the statement;
(b)
the
interest, if any, shall be computed on the basis of [22][sum deductible or payable, as
the case may be,] as computed in the statement;
(c)
the sum
payable by, or the amount of refund due to, the assessee shall be determined
after adjustment of the amount computed under clause (b) against any amount
paid under sub-section (2) of [23][section 166 or section
166A] or section 170 and any amount paid otherwise by way of tax or
interest;
(d)
an
intimation shall be prepared or generated and sent to the assessee specifying
the sum determined to be payable by, or the amount of refund due to, him under
clause (c); and
(e)
the amount
of refund due to the assessee in pursuance of the determination under clause
(c) shall be granted to him:
Provided that no intimation under this sub-section shall be sent after
the expiry of one year from the end of the financial year in which the [24][statement or revised
statement] is furnished.
(2) For the purposes of processing of statements under sub-section (1), the
Board may make a scheme for centralised processing of such statements to
expeditiously determine the tax payable by, or the refund due to, the [25][assessee or e-commerce
operator] as required under that sub-section.
Section 169 - Rectification of mistake
(1)
With a view
to rectifying any mistake apparent from the record, the Assessing Officer may
amend any intimation issued under section 168, within one year from the end of
the financial year in which the intimation sought to be amended was issued.
(2)
The
Assessing Officer may make an amendment to any intimation under sub-section
(1), either suo motu or on any mistake brought to his notice by the [26][assessee or e-commerce operator].
(3)
An amendment
to any intimation, which has the effect of increasing the liability of
the [27][assessee or e-commerce operator] or reducing a refund, shall not
be made under this section unless the Assessing Officer has given notice to
the [28][assessee or e-commerce operator] of his intention so to do and has
given the [29][assessee or e-commerce operator] a reasonable opportunity of being
heard.
(4)
Where any
such amendment to any intimation has the effect of enhancing the sum payable or
reducing the refund already made, the Assessing Officer shall make an order
specifying the sum payable by the [30][assessee or e-commerce operator] and the provisions of this
Chapter shall apply accordingly.
Section 170 - Interest on delayed payment of equalisation levy
Every [31][assessee or e-commerce operator], who fails to credit the equalisation
levy or any part thereof as required under [32][section 166 or section 166A] to the account of the Central
Government within the period specified in that section, shall pay simple
interest at the rate of one per cent. of such levy for every month or part of a
month by which such crediting of the tax or any part thereof is delayed.
Section 171 - Penalty for failure to deduct or pay equalisation levy
Any [33][assessee or e-commerce operator] who--
(a)
fails to
deduct the whole or any part of the equalisation levy as required under section
166; or
[34][(aa) fails to pay the whole or any part of the equalisation levy as
required under section 166A; or]
(b)
having
deducted the [35][equalisation levy referred to in sub-section (1) of section 165], fails
to pay such levy to the credit of the Central Government in accordance with the
provisions of sub-section (2) of that section, shall be liable to pay,--
(i)
in the case
referred to in clause (a), in addition to paying the levy in accordance with
the provisions of sub-section (3) of that section, or interest, if any, in
accordance with the provisions of section 170, a penalty equal to the amount of
equalisation levy that he failed to [36][deduct;
(ia) in the case referred to in
clause (aa), in addition to the levy in accordance with the provisions of that
section, or interest, if any, in accordance with the provisions of section 170,
a penalty equal to the amount of equalisation levy that he failed to pay; and]
(ii)
in the case
referred to in clause (b), in addition to paying the levy in accordance with
the provisions of sub-section (2) of that section and interest in accordance
with the provisions of section 170, a penalty of one thousand rupees for every
day during which the failure continues, so, however, that the penalty under
this clause shall not exceed the amount of equalisation levy that he failed to
pay.
Section 172 - Penalty for failure to furnish statement
Where
an [37][assessee
or e-commerce operator] fails to furnish the statement within the time
prescribed under sub-section (1) or sub-section (3) of section 167, he shall be
liable to pay a penalty of one hundred rupees for each day during which the
failure continues.
Section 173 - Penalty not to be imposed in certain cases
(1)
Notwithstanding
anything contained in section 171 or section 172, no penalty shall be imposable
for any failure referred to in the said sections, if the [38][assessee
or e-commerce operator] proves to the satisfaction of the Assessing
Officer that there was reasonable cause for the said failure.
(2)
No order
imposing a penalty under this Chapter shall be made unless the [39][assessee
or e-commerce operator] has been given a reasonable opportunity of being
heard.
Section 174 - Appeal to Commissioner of Income-tax (Appeals)
(1)
An [40][assessee
or e-commerce operator] aggrieved by an order imposing penalty under this Chapter,
may appeal to the Commissioner of Income-tax (Appeals) within a period of
thirty days from the date of receipt of the order of the Assessing Officer.
(2)
An appeal
under sub-section (1) shall be in such form and verified in such manner as may
be prescribed and shall be accompanied by a fee of one thousand rupees.
(3)
Where an
appeal has been filed under sub-section (1), the provisions of sections 249 to
251 of the Income-tax Act shall, as far as may be, apply to such appeal.
Section 175 - Appeal to Appellate Tribunal
(1)
An [41][assessee
or e-commerce operator] aggrieved by an order made by the Commissioner of
Income-tax (Appeals) under section 174 may appeal to the Appellate
Tribunal against such order.
(2)
The
Commissioner of Income-tax may, if he objects to any order passed by the
Commissioner of Income-tax (Appeals) under section 174, direct the
Assessing Officer to appeal to the Appellate Tribunal against such order.
(3)
An appeal
under sub-section (1) or sub-section (2) shall be filed within sixty days from
the date on which the order sought to be appealed against is received by
the [42][assessee
or e-commerce operator] or by the Commissioner of Income-tax, as the case may
be.
(4)
An appeal
under sub-section (1) or sub-section (2) shall be in such form and verified in
such manner as may be prescribed and, in the case of an appeal filed under
sub-section (1), it shall be accompanied by a fee of one thousand rupees.
(5)
Where an
appeal has been filed before the Appellate Tribunal under sub-section (1) or
sub-section (2), the provisions of sections 253 to 255 of the Income-tax Act
shall, as far as may be, apply to such appeal.
Section 176 - Punishment for false statement
(1)
If a person
makes a false statement in any verification under this Chapter or any rule made
thereunder, or delivers an account or statement, which is false, and which he
either knows or believes to be false, or does not believe to be true, he shall
be punishable with imprisonment for a term which may extend to three years and
with fine.
(2)
Notwithstanding
anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an
offence punishable under sub-section (1) shall be deemed to be non-cognizable
within the meaning of that Code.
Section 177 - Institution of prosecution
No
prosecution shall be instituted against any person for any offence
under section 176 except with the previous sanction of the Chief
Commissioner of Income-tax.
Section 178 - Application of certain provisions of Income-tax Act
The
provisions of [43][sections
119, 120], 131, 133A, 138, 156, Chapter XV and sections 220
to 227, 229, 232, 260A, 261, 262, 265 to
269, 278B, 280A, 280B, 280C, 280D, 282 and
288 to 293 of the Income-tax Act shall so far as may be, apply in relation to
equalisation levy, as they apply in relation to income-tax.
Section 179 - Power to make rules
(1)
The Central
Government may, by notification in the Official Gazette, make rules for
carrying out the provisions of this Chapter.
(2)
In
particular, and without prejudice to the generality of the foregoing power,
such rules may provide for all or any of the following matters, namely:--
(a)
the time
within which and the form and the manner in which the statement shall be
delivered or caused to be delivered or furnished under section 167;
(b)
the form in
which an appeal may be filed and the manner in which it may be verified under
sections 174 and 175;
(c)
any other
matter which is to be, or may be, prescribed.
(3)
Every rule
made under this Chapter shall be laid, as soon as may be after it is made,
before each House of Parliament, while it is in session, for a total period of
thirty days which may be comprised in one session or in two or more successive
sessions, and if, before the expiry of the session immediately following the
session or the successive sessions aforesaid, both Houses agree in making any
modification in the rule or both Houses agree that the rule should not be made,
the rule shall thereafter have effect only in such modified form or be of no
effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously
done under that rule.
Section 180 - Power to remove difficulties
(1)
If any
difficulty arises in giving effect to the provisions of this Chapter, the
Central Government may, by order published in the Official Gazette, not
inconsistent with the provisions of this Chapter, remove the difficulty:
Provided
that no such order shall be made after the [44][31st
day of March, 2022].
(2)
Every order
made under this section shall be laid, as soon as may be after it is made,
before each House of Parliament.
Section 181 - Short title and commencement
(1)
This Scheme
may be called the Income Declaration Scheme, 2016.
(2)
It shall
come into force on the 1st day of June, 2016.
Section 182 - Definitions
In this
Scheme, unless the context otherwise requires,--
(a)
"declarant"
means a person making the declaration under sub-section (1) of section
183;
(b)
"Income-tax
Act" means the Income-tax Act, 1961 (43 of 1961);
(c)
all other
words and expressions used herein but not defined and defined in the Income-tax
Act shall have the meanings respectively assigned to them in that Act.
Section 183 - Declaration of undisclosed income
(1)
Subject to
the provisions of this Scheme, any person may make, on or after the date of
commencement of this Scheme but before a date to be notified by the Central
Government in the Official Gazette, a declaration in respect of any income
chargeable to tax under the Income-tax Act for any assessment year prior to the
assessment year beginning on the 1st day of April, 2017--
(a)
for which he
has failed to furnish a return under section 139 of the Income-tax
Act;
(b)
which he has
failed to disclose in a return of income furnished by him under the Income-tax
Act before the date of commencement of this Scheme;
(c)
which has
escaped assessment by reason of the omission or failure on the part of such
person to furnish a return under the Income-tax Act or to disclose fully and
truly all material facts necessary for the assessment or otherwise.
(2)
Where the
income chargeable to tax is declared in the form of investment in any asset,
the fair market value of such asset as on the date of commencement of this
Scheme shall be deemed to be the undisclosed income for the purposes of
sub-section (1).
(3)
The fair
market value of any asset shall be determined in such manner, as may be
prescribed.
(4)
No deduction
in respect of any expenditure or allowance shall be allowed against the income
in respect of which declaration under this section is made.
Section 184 - Charge of tax and surcharge
(1)
Notwithstanding
anything contained in the Income-tax Act or in any Finance Act, the undisclosed
income declared under section 183 within the time specified therein
shall be chargeable to tax at the rate of thirty per cent. of such undisclosed
income.
(2)
The amount
of tax chargeable under sub-section (1) shall be increased by a surcharge, for
the purposes of the Union, to be called the Krishi Kalyan Cess on tax
calculated at the rate of twenty-five per cent. of such tax so as to fulfil the
commitment of the Government for the welfare of the farmers.
Section 185 - Penalty
Notwithstanding
anything contained in the Income-tax Act or in any Finance Act, the person
making a declaration of undisclosed income shall, in addition to tax and
surcharge under section 184, be liable to penalty at the rate of
twenty-five per cent. of such tax.
Section 186 - Manner of declaration
(1)
A
declaration under section 183 shall be made to the Principal
Commissioner or the Commissioner and shall be in such form and be verified in
such manner, as may be prescribed.
(2)
The
declaration shall be signed,--
(a)
where the
declarant is an individual, by the individual himself; where such individual is
absent from India, by the individual concerned or by some person duly
authorised by him in this behalf; and where the individual is mentally
incapacitated from attending to his affairs, by his guardian or by any other
person competent to act on his behalf;
(b)
where the
declarant is a Hindu undivided family, by the Karta, and where the Karta is
absent from India or is mentally incapacitated from attending to his affairs,
by any other adult member of such family;
(c)
where the
declarant is a company, by the managing director thereof, or where for any
unavoidable reason such managing director is not able to sign the declaration
or where there is no managing director, by any director thereof;
(d)
where the
declarant is a firm, by the managing partner thereof, or where for any
unavoidable reason such managing partner is not able to sign the declaration,
or where there is no managing partner as such, by any partner thereof, not
being a minor;
(e)
where the
declarant is any other association, by any member of the association or the
principal officer thereof; and
(f)
where the
declarant is any other person, by that person or by some other person competent
to act on his behalf.
(4)
Any person,
who has made a declaration under sub-section (1) of section 183 in
respect of his income or as a representative assessee in respect of the income
of any other person, shall not be entitled to make any other declaration, under
that sub-section in respect of his income or the income of such other person,
and any such other declaration, if made, shall be void.
Section 187 - Time for payment of tax
(1)
The tax and
surcharge payable under section 184 and penalty payable
under section 185 in respect of the undisclosed income, shall be paid
on or before a date to be notified by the Central Government in the Official
Gazette.
[45][Provided that where the amount of tax, surcharge and penalty, has not
been paid within the due date notified under this sub-section, the Central
Government may, by notification in the Official Gazette, specify the class of
persons, who may, make the payment of such amount on or before such date as may
be notified by the Central Government, along with the interest on such amount,
at the rate of one per cent. for every month or part of a month comprised in
the period commencing on the date immediately following the due date and ending
on the date of such payment.]
(2)
The
declarant shall file the proof of payment of tax, surcharge and penalty on or
before the date notified under sub-section (1), with the Principal Commissioner
or the Commissioner, as the case may be, before whom the declaration
under section 183 was made.
(3)
If the
declarant fails to pay the tax, surcharge and penalty in respect of the
declaration made under section 183 on or before the date specified
under sub-section (1), the declaration filed by him shall be deemed never to
have been made under this Scheme.
Section 188 - Section 188
The amount
of undisclosed income declared in accordance with section 183 shall
not be included in the total income of the declarant for any assessment year
under the Income-tax Act, if the declarant makes the payment of tax and
surcharge referred to in section 184 and the penalty referred to
in section 185, by the date specified under sub-section (1)
of section 187.
Section 189 - Undisclosed income declared not to
affect finality of completed assessments
A declarant
under this Scheme shall not be entitled, in respect of undisclosed income
declared or any amount of tax and surcharge paid thereon, to re-open any
assessment or reassessment made under the Income-tax Act or the Wealth-tax Act,
1957 (27 of 1957), or claim any set off or relief in any appeal, reference or
other proceeding in relation to any such assessment or reassessment.
Section 190 - Undisclosed income declared not to be treated as benami transaction in certain cases
The
provisions of the Benami Transactions (Prohibition) Act, 1988 (45 of 1988) shall
not apply in respect of the declaration of undisclosed income made in the form
of investment in any asset, if the asset existing in the name of a benamidar is
transferred to the declarant, being the person who provides the consideration
for such asset, or his legal representative, within the period notified by the
Central Government.
Section 191 - Tax in respect of voluntarily disclosed income not refundable
Any amount
of tax and surcharge paid under section 184 or penalty paid
under section 185 in pursuance of a declaration made
under section 183 shall not be refundable.
[46][Provided that the Central Government may, by notification in the
Official Gazette, specify the class of persons to whom the amount of tax,
surcharge and penalty, paid in excess of the amount payable under this Scheme
shall be refundable [47][without
any interest].]
Section 192 - Declaration not admissible in evidence against declarant
Notwithstanding
anything contained in any other law for the time being in force, nothing
contained in any declaration made under section 183 shall be admissible in
evidence against the declarant for the purpose of any proceeding relating to
imposition of penalty, other than the penalty leviable under section 185, or
for the purposes of prosecution under the Income-tax Act or the Wealth-tax Act,
1957 (27 of 1957).
Section 193 - Declaration by misrepresentation of facts to be void
Notwithstanding
anything contained in this Scheme, where a declaration has been made by
misrepresentation or suppression of facts, such declaration shall be void and
shall be deemed never to have been made under this Scheme.
Section 194 - Exemption from wealth-tax in respect of assets specified in declaration
(1)
Where the
undisclosed income is represented by cash (including bank deposits), bullion,
investment in shares or any other assets specified in the declaration made
under section 183--
(a)
in respect
of which the declarant has failed to furnish a return under section
14 of the Wealth-tax Act, 1957 (27 of 1957), for the assessment year
commencing on or before the 1st day of April, 2015; or
(b)
which have
not been shown in the return of net wealth furnished by him for the said
assessment year or years; or
(c)
which have
been understated in value in the return of net wealth furnished by him for the
said assessment year or years, then, notwithstanding anything contained in the
Wealth-tax Act, 1957 (27 of 1957), or any rules made thereunder,--
(i)
wealth-tax
shall not be payable by the declarant in respect of the assets referred to in clause
(a) or clause (b) and such assets shall not be included in his net wealth for
the said assessment year or years;
(ii)
the amount
by which the value of the assets referred to in clause (c) has been understated
in the return of net wealth for the said assessment year or years, to the
extent such amount does not exceed the voluntarily disclosed income utilised
for acquiring such assets, shall not be taken into account in computing the net
wealth of the declarant for the said assessment year or years.
Explanation.--Where
a declaration under section 183 is made by a firm, the assets referred to in
sub-clause (i) or, as the case may be, the amount referred to in sub-clause
(ii) shall not be taken into account in computing the net wealth of any partner
of the firm or, as the case may be, in determining the value of the interest of
any partner in the firm.
(2)
The
provisions of sub-section (1) shall not apply unless the conditions specified
in sub-sections (1) and (2) of section 187 are fulfilled by the declarant.
Section 195 - Applicability of certain provisions of Income-tax Act and of Chapter V of Wealth-tax Act
The
provisions of Chapter XV of the Income-tax Act relating to liability in special
cases and of section 119, section 138 and section
189 of that Act or the provisions of Chapter V of the Wealth-tax Act, 1957
relating to liability in respect of assessment in special cases shall, so far
as may be, apply in relation to proceedings under this Scheme as they apply in
relation to proceedings under the Income-tax Act or, as the case may be, the
Wealth-tax Act, 1957 (27 of 1957).
Section 196 - Scheme not to apply to certain persons
The
provisions of this Scheme shall not apply--
(a)
to any
person in respect of whom an order of detention has been made under the
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act,
1974 (52 of 1974):
Provided
that--
(i)
such order
of detention, being an order to which the provisions of section
9 or section 12A of the said Act do not apply, has not been
revoked on the report of the Advisory Board under section 8 of the
said Act or before the receipt of the report of the Advisory Board; or
(ii)
such order
of detention, being an order to which the provisions of section 9 of
the said Act apply, has not been revoked before the expiry of the time for, or
on the basis of, the review under sub-section (3) of section 9, or on the
report of the Advisory Board under section 8, read with sub-section (2)
of section 9 of the said Act; or
(iii)
such order
of detention, being an order to which the provisions of section
12A of the said Act apply, has not been revoked before the expiry of the
time for, or on the basis of, the first review under sub-section (3) of that
section, or on the basis of the report of the Advisory Board under section
8, read with sub-section (6) of section 12A, of the said Act; or
(iv)
such order
of detention has not been set aside by a court of competent jurisdiction;
(b)
in relation
to prosecution for any offence punishable under Chapter IX or Chapter XVII of
the Indian Penal Code (45 of 1860), the Narcotic Drugs and Psychotropic
Substances Act, 1985 (61 of 1985), the Unlawful Activities (Prevention) Act,
1967 (37 of 1967) and the Prevention of Corruption Act, 1988 (49 of 1988);
(c)
to any
person notified under section 3 of the Special Court (Trial of
Offences Relating to Transactions in Securities) Act, 1992 (27 of 1992);
(d)
in relation
to any undisclosed foreign income and asset which is chargeable to tax under
the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax
Act, 2015 (22 of 2015);
(e)
in relation
to any undisclosed income chargeable to tax under the Income-tax Act for any
previous year relevant to an assessment year prior to the assessment year
beginning on the 1st day of April, 2017--
(i)
where a
notice under section 142 or sub-section (2) of section
143 or section 148 or section 153A or section
153C of the Income-tax Act has been issued in respect of such assessment
year and the proceeding is pending before the Assessing Officer; or
(ii)
where a
search has been conducted under section 132 or requisition has been
made under section 132A or a survey has been carried out
under section 133A of the Income-tax Act in a previous year and a
notice under sub-section (2) of section 143 for the assessment year
relevant to such previous year or a notice under section 153A or
under section 153C of the said Act for an assessment year relevant to
any previous year prior to such previous year has not been issued and the time
for issuance of such notice has not expired; or
(iii)
where any
information has been received by the competent authority under an agreement
entered into by the Central Government under section
90 or section 90A of the Income-tax Act in respect of such
undisclosed asset.
Section 197 - Removal of doubts
For the
removal of doubts, it is hereby declared that--
(a)
save as
otherwise expressly provided in sub-section (1) of section 183, nothing
contained in this Scheme shall be construed as conferring any benefit,
concession or immunity on any person other than the person making the
declaration under this Scheme;
(b)
where any
declaration has been made under section 183 but no tax, surcharge and
penalty referred to in section 184 and section 185 has been
paid within the time specified under section 187, the undisclosed income
shall be chargeable to tax under the Income-tax Act in the previous year in
which such declaration is made;
[48][***]
Section 198 - Power to remove difficulties
(1)
If any
difficulty arises in giving effect to the provisions of this Scheme, the
Central Government may, by order, not inconsistent with the provisions of this
Scheme, remove the difficulty:
Provided
that no such order shall be made after the expiry of a period of two years from
the date on which the provisions of this Scheme shall come into force.
(2)
Every order
made under this section shall be laid before each House of Parliament.
Section 199 - Power to make rules
(1)
The Board
may, subject to the control of the Central Government, by notification in the
Official Gazette, make rules for carrying out the provisions of this Scheme.
(2)
Without
prejudice to the generality of the foregoing power, such rules may provide for
the form in which a declaration may be made under section 183 and the manner in
which the same may be verified.
(3)
Every rule
made under this Scheme shall be laid, as soon as may be, after it is made,
before each House of Parliament, while it is in session, for a total period of
thirty days, which may be comprised in one session or in two or more successive
sessions, and if, before the expiry of the session immediately following the
session or the successive sessions aforesaid, both Houses agree in making any
modification in the rule or both Houses agree that the rule should not be made,
the rule shall thereafter have effect only in such modified form or be of no
effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously
done under that rule.
[49][CHAPTER IXA
TAXATION AND INVESTMENT REGIME FOR PRADHAN MANTRI GARIB KALYAN YOJANA,
2016
Section 199A - Short title and commencement
(1)
This Scheme
may be called the Taxation and Investment Regime for Pradhan Mantri Garib Kalyan
Yojana, 2016.
(2)
It shall
come into force on such date as the Central Government may, by notification, in
the Official Gazette, appoint.]
[50]Section 199B - Definitions
In this
Scheme, unless the context otherwise requires,-
(a)
"declarant"
means a person making the declaration under sub-section (1) of section 199C;
(b)
"Income-tax
Act" means the Income-tax Act, 1961 (43 of 1961);
(c)
"Pradhan
Mantri Garib Kalyan Deposit Scheme, 2016" (hereinafter in this Chapter
referred to as "the Deposit Scheme") means a scheme notified by the
Central Government in consultation with the Reserve Bank of India in the
Official Gazette; and
(d)
all other
words and expressions used in this Scheme but not defined and defined in the
Income-tax Act shall have the meanings respectively assigned to them in that
Act.]
[51]Section 199C - Declaration of undisclosed income
(1)
Subject to
the provisions of this Scheme, any person may make, on or after the date of
commencement of this Scheme but on or before a date to be notified by the
Central Government in the Official Gazette, a declaration in respect of any
income, in the form of cash or deposit in an account maintained by the person
with a specified entity, chargeable to tax under the Income-tax Act for any
assessment year commencing on or before the 1st day of April, 2017.
(2)
No deduction
in respect of any expenditure or allowance or set-off of any loss shall be
allowed against the income in respect of which a declaration under sub-section
(1) is made.
Explanation.-
For the purposes of this section, "specified entity" shall mean-
(i)
the Reserve
Bank of India;
(ii)
any banking
company or co-operative bank, to which the Banking Regulation Act, 1949 (10 of
1949) applies (including any bank or banking institution referred to in section
51 of that Act
(iii)
any Head
Post Office or Sub-Post Office; and
(iv)
any other
entity as may be notified by the Central Government in the Official Gazette in
this behalf.]
[52]Section 199D - Charge of tax and surcharge
(1)
Notwithstanding
anything contained in the Income-tax Act or in any Finance Act, the undisclosed
income declared under sub-section (1) of section 199C within the time specified
therein shall be chargeable to tax at the rate of thirty per cent. of the
undisclosed income.
(2)
The amount
of tax chargeable under sub-section (1) shall be increased by a surcharge, for
the purposes of the Union, to be called the Pradhan Mantri Garib Kalyan Cess
calculated at the rate of thirty-three per cent. of such tax so as to fulfill
the commitment of the Government for the welfare of the economically weaker
sections of the society.]
[53]Section 199E - Penalty
Notwithstanding
anything contained in the Income-tax Act or in any Finance Act, the person
making a declaration under sub-section (1) of section 199C shall, in addition
to tax and surcharge charged under section 199D, be liable to pay penalty at
the rate of ten per cent. of the undisclosed income.]
[54]Section 199F - Deposit of undisclosed income
(1)
Notwithstanding
anything contained in the Income-tax Act or in any other law for the time being
in force, the person making a declaration under sub-section (1) of section
199C, shall deposit an amount which shall not be less than twenty-five per
cent. of the undisclosed income in the Pradhan Mantri Garib Kalyan Deposit
Scheme, 2016.
(2)
The deposit
shall bear no interest and the amount deposited shall be allowed to be
withdrawn after four years from the date of deposit and shall also fulfil such
other conditions as may be specified in the Pradhan Mantri Garib Kalyan Deposit
Scheme, 2016.]
[55]Section 199G - Manner of declaration
A
declaration under sub-section (1) of section 199C shall be made by a person
competent to verify the return of income under section 140 of the Income-tax
Act, to the Principal Commissioner or the Commissioner notified in the Official
Gazette for this purpose and shall be in such form and verified in such manner,
as may be prescribed.]
[56]Section 199H - Time for payment of tax, penalty, surcharge and deposit
(1)
The tax and
surcharge payable under section 199D and penalty payable under section 199E in
respect of the undisclosed income, shall be paid before filing of declaration
under sub-section (1) of section 199C.
(2)
The amount
referred to in sub-section (1) of section 199F shall be deposited before the
filing of declaration under sub-section (1) of section 199C.
(3)
The
declaration under sub-section (1) of section 199C shall be accompanied by the
proof of deposit referred to in sub-section (1) of section 199F, payment of
tax, surcharge and penalty under section 199D and section 199E, respectively.]
[57]Section 199I - Undisclosed income declared not to be included in total income
The amount
of undisclosed income declared in accordance with sub-section (1) of section
199C shall not be included in the total income of the declarant for any
assessment year under the Income-tax Act.]
[58]Section 199J - Undisclosed income declared not to affect finality of completed assessments
A declarant
under this Scheme shall not be entitled, in respect of undisclosed income
referred to in section 199C or any amount of tax and surcharge paid thereon, to
re-open any assessment or reassessment made under the Income-tax Act or the
Wealth-tax Act, 1957 (27 of 1957), or to claim any set-off or relief in any
appeal, reference or other proceeding in relation to any such assessment or
reassessment.]
[59]Section 199K - Tax, etc., not refundable
Any amount
of tax and surcharge paid under section 199D or penalty paid under section 199E
shall not be refundable.]
[60]Section 199L - Declaration not admissible in evidence against declarant
Notwithstanding
anything contained in any other law for the time being in force, nothing
contained in any declaration made under sub-section (1) of section 199C shall
be admissible in evidence against the declarant for the purpose of any
proceeding under any Act other than the Acts mentioned in section 199-O.]
[61]Section 199M - Declaration by misrepresentation of facts to be void
Notwithstanding
anything contained in this Scheme, where a declaration has been made by
misrepresentation or suppression of facts or without payment of tax and
surcharge under section 199D or penalty under section 199E or without
depositing the amount in the Deposit Scheme as per the provisions of section
199F, such declaration shall be void and shall be deemed never to have been
made under this Scheme.]
[62]Section 199N - Applicability of certain provisions of Income-tax Act
The
provisions of Chapter XV of the Income-tax Act relating to liability in special
cases and of section 119, section 138 and section 189 of that Act shall, so far
as may be, apply in relation to proceedings under this Scheme as they apply in
relation to proceedings under the Income-tax Act.]
[63]Section 199O - Scheme not to apply to certain persons
The
provisions of this Scheme shall not apply-
(a)
in relation
to any person in respect of whom an order of detention has been made under the
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act,
1974 (52 of 1974):
Provided
that-
(i)
such order
of detention, being an order to which the provisions of section 9 or section
12A of the said Act do not apply, has not been revoked on the report of the
Advisory Board under section 8 of the said Act or before the receipt of the
report of the Advisory Board; or
(ii)
such order
of detention, being an order to which the provisions of section 9 of the said
Act apply, has not been revoked before the expiry of the time for, or on the
basis of, the review under sub-section (3) of section 9, or on the report of
the Advisory Board under section 8, read with sub-section (2) of section 9, of
the said Act; or
(iii)
such order
of detention, being an order to which the provisions of section 12A of the said
Act apply, has not been revoked before the expiry of the time for, or on the
basis of, the first review under sub-section (3) of that section, or on the
basis of the report of the Advisory Board under section 8, read with
sub-section (6) of section 12A, of the said Act; or
(iv)
such order
of detention has not been set aside by a court of competent jurisdiction;
(b)
in relation
to prosecution for any offence punishable under Chapter IX or Chapter XVII of
the Indian Penal Code (45 of 1860), the Narcotic Drugs and Psychotropic
Substances Act, 1985 (61 of 1985), the Unlawful Activities (Prevention) Act,
1967 (37 of 1967), the Prevention of Corruption Act, 1988 (49 of 1988), the
Prohibition of Benami Property Transactions Act, 1988 (45 of 1988)and the
Prevention of Money-Laundering Act, 2002 (15 of 2003);
(c)
to any
person notified under section 3 of the Special Court (Trial of Offences
Relating to Transactions in Securities) Act, 1992 (27 of 1992);
(d)
in relation
to any undisclosed foreign income and asset which is chargeable to tax under
the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax
Act, 2015.]
[64]Section 199P - Removal of doubts
For the removal
of doubts, it is hereby declared that save as otherwise expressly provided in
sub-section (1) of section 199C, nothing contained in this Scheme shall be
construed as conferring any benefit, concession or immunity on any person other
than the person making the declaration under this Scheme.]
[65]Section 199Q - Power to remove difficulties
(1)
If any
difficulty arises in giving effect to the provisions of this Scheme, the
Central Government may, by order, not inconsistent with the provisions of this
Scheme, remove the difficulty:
Provided
that no such order shall be made after the expiry of a period of two years from
the date on which the provisions of this Scheme come into force.
(2)
Every order
made under this section shall be laid before each House of Parliament.]
[66]Section 199R - Power to make rules
(1)
The Board
may, subject to the control of the Central Government, by notification in the
Official Gazette, make rules for carrying out the provisions of this Scheme.
(2)
Without
prejudice to the generality of the foregoing power, such rules may provide for
all or any of the following matters, namely:-
(a)
the form and
manner of declaration and verification to be made under section 199G; and
(b)
any other
matter which is to be, or may be, prescribed, or in respect of which provision
is to be made, by rules.
(3)
Every rule
made under this Scheme shall be laid, as soon as may be after it is made before
each House of Parliament while it is in session for a total period of thirty
days which may be comprised in one session or in two or more successive
sessions and if, before the expiry of the session immediately following the
session or the successive sessions aforesaid, both Houses agree in making any
modification in the rule or both Houses agree that the rule should not be made,
the rule shall thereafter have effect only in such modified form or be of no
effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously
done under that rule.]
Section 200 - Short title and commencement
(1)
This Scheme
may be called the Direct Tax Dispute Resolution Scheme, 2016.
(2)
It shall
come into force on the 1st day of June, 2016.
Section 201 - Definitions
(1)
In this
Scheme, unless the context otherwise requires,--
(a)
"declarant"
means a person making a declaration under section 202;
(b)
"designated
authority" means an officer not below the rank of a Commissioner of
Income-tax and notified by the Principal Chief Commissioner for the purposes of
this Scheme;
(c)
"disputed
income", in relation to an assessment year, means the whole or so much of
the total income as is relatable to the disputed tax;
(d)
"disputed
tax" means the tax determined under the Income-tax Act, or the Wealth-tax
Act, which is disputed by the assessee or the declarant, as the case may be;
(e)
"disputed
wealth", in relation to an assessment year, means the whole or so much of
the net wealth as is relatable to the disputed tax;
(f)
"Income-tax
Act" means the Income-tax Act, 1961 (43 of 1961);
(g)
''specified
tax'' means a tax--
(i)
the
determination of which is in consequence of or validated by any amendment made
to the Income-tax Act or the Wealth-tax Act with retrospective effect and
relates to a period prior to the date on which the Act amending the Income-tax
Act or the Wealth-tax Act, as the case may be, received the assent of the
President; and
(ii)
a dispute in
respect of such tax is pending as on the 29th day of February, 2016;
(h)
"tax
arrear" means, the amount of tax, interest or penalty determined under the
Income-tax Act or the Wealth-tax Act, in respect of which appeal is pending
before the Commissioner of Income-tax (Appeals) or the Commissioner of
Wealth-tax (Appeals) as on the 29th day of February, 2016;
(i)
"Wealth-tax
Act" means the Wealth-tax Act, 1957 (27 of 1957).
(2)
All other
words and expressions used herein but not defined and defined in the Income-tax
Act or the Wealth-tax Act, as the case may be, shall have the meanings
respectively assigned to them in those Acts.
Section 202 - Declaration of tax payable
Subject to
the provisions of this Scheme, where a declarant files, on or after the 1st day
of June, 2016 but on or before a date to be notified by the Central Government
in the Official Gazette, a declaration to the designated authority in
accordance with the provisions of section 203 in respect of tax arrear, or
specified tax, then, notwithstanding anything contained in the Income-tax Act
or the Wealth-tax Act or any other provision of any law for the time being in
force, the amount payable under this Scheme by the declarant shall be as under,
namely:--
(I)
in case of
pending appeal related to tax arrear being--
(a)
tax and
interest,--
(i)
in a case
where the disputed tax does not exceed ten lakh rupees, the whole of the
disputed tax and the interest on disputed tax till the date of assessment or
reassessment, as the case may be; or
(ii)
in any other
case, the whole of disputed tax, twenty-five per cent. of the minimum penalty
leviable and the interest on disputed tax till the date of assessment or
reassessment, as the case may be;
(b)
penalty,
twenty-five per cent. of the minimum penalty leviable and the tax and interest
payable on the total income finally determined.
(II)
in case of
specified tax, the amount of such tax so determined.
Section 203 - Particulars to be furnished
(1)
A declaration
under section 202 shall be made to the designated authority in such form and
verified in such manner as may be prescribed.
(2)
Where the
declaration is in respect of tax arrear, consequent to such declaration, appeal
in respect of the disputed income, disputed wealth and tax arrear pending
before the Commissioner of Income-tax (Appeals) or the Commissioner of
Wealth-tax (Appeals), as the case may be, shall be deemed to have been
withdrawn.
(3)
Where the
declaration is in respect of specified tax and the declarant has,--
(a)
filed any
appeal before the Commissioner of Income-tax (Appeals) or the Commissioner of
Wealth-tax (Appeals) or the Appellate Tribunal or the High Court or the Supreme
Court or any writ petition before the High Court or the Supreme Court against
any order in respect of the specified tax, he shall withdraw such appeal or
writ petition with the leave of the court wherever required and furnish proof
of such withdrawal along with the declaration referred to in sub-section (1);
(b)
initiated any
proceeding for arbitration, conciliation or mediation or has given any notice
thereof under any law for the time being in force or under any agreement
entered into by India with any other country or territory outside India whether
for protection of investment or otherwise, he shall withdraw such notice or the
claim, if any, in such proceedings prior to making the declaration and furnish
proof thereof along with the declaration referred to in sub-section (1).
(4)
Where the
declaration is in respect of specified tax, the declarant shall, without
prejudice to the provisions of sub-section (3), furnish an undertaking, in such
form and verified in such manner as may be prescribed, waiving his right,
whether direct or indirect, to seek or pursue any remedy or any claim in
relation to the specified tax which may otherwise be available to him under any
law for the time being in force, in equity, by statute or under an agreement
referred to in clause (b) of sub-section (3) or otherwise.
(5)
Where,--
(a)
any material
particular furnished in the declaration is found to be false at any stage; or
(b)
the
declarant violates any of the conditions referred to in this Scheme; or
(c)
the
declarant acts in a manner which is not in accordance with the undertaking
given by him under sub-section (4), it shall be presumed as if the declaration
was never made under the Scheme and all the consequences under the Income-tax
Act or the Wealth-tax Act, as the case may be, under which the proceedings
against the declarant are or were pending, shall be deemed to have been
revived.
(6)
No appellate
authorithy or arbitrator, conciliator or mediator shall proceed to decide any
issue relating to the specified tax mentioned in the declaration and in respect
of which an order had been made under sub-section (1) of section 204 by the
designated authority or the payment of the sum determined under that section.
Section 204 - Time and manner of payment
(1)
The
designated authority shall, within a period of sixty days from the date of
receipt of the declaration, determine the amount payable by the declarant in
accordance with the provisions of this Scheme and grant a certificate in such
form as may be prescribed, to the declarant setting forth therein the
particulars of the tax arrear or the specified tax, as the case may be, and the
sum payable after such determination.
(2)
The
declarant shall pay the sum determined by the designated authority as per the
certificate granted under sub-section (1) within thirty days of the date of
receipt of the certificate and intimate the fact of such payment to the
designated authority along with proof thereof and the designated authority
shall thereupon pass an order stating that the declarant has paid the sum.
(3)
Every order
passed under sub-section (1), determining the sum payable under this Scheme,
shall be conclusive as to the matters stated therein and no matter covered by
such order shall be re-opened in any other proceeding under the Income-tax Act
or the Wealth-tax Act or under any other law for the time being in force, or as
the case may be, under any agreement, whether for protection of investment or
otherwise, entered into by India with any other country or territory outside
India.
Section 205 - Immunity from initiation of proceedings in respect of offence and imposition of penalty in certain cases
The
designated authority shall, subject to the conditions provided in section 204,
grant--
(a)
immunity
from instituting any proceedings in respect of an offence under the Income-tax
Act or the Wealth-tax Act, as the case may be; or
(b)
immunity
from imposition or waiver, as the case may be, of penalty under the Income-tax
Act or the Wealth-tax Act, as the case may be, in respect of,--
(i)
specified
tax covered in the declaration under section 202; or
(ii)
tax arrear
covered in the declaration to the extent the penalty exceeds the amount of
penalty referred to in clause (I) of section 202;
(c)
waiver of
interest under the Income-tax Act or the Wealth-tax Act, as the case may be, in
respect of,--
(i)
specified
tax covered in the declaration under the section 202;
(ii)
tax arrear
covered in the declaration to the extent the interest exceeds the amount of
interest referred to in sub-clause (a) of clause (I) of section 202.
Section 206 - No refund of amount paid under scheme
Any amount
paid in pursuance of a declaration made under section 202 shall not be
refundable under any circumstances.
Section 207 - No other benefit, concession or immunity to declarant
Save as
otherwise expressly provided in sub-section (3) of section 204 and section 205,
nothing contained in this Scheme shall be construed as conferring any benefit,
concession or immunity on the declarant in any proceedings other than those in
relation to which the declaration has been made.
Section 208 - Scheme not to apply in certain cases
The
provisions of this Scheme shall not apply--
(a)
in respect
of tax arrear or specified tax,--
(i)
relating to
an assessment year in respect of which an assessment has been made
under section 153A or 153C of the Income-tax Act or
assessment or reassessment for any of the assessment years, in consequence of a
search initiated under section 37A or requisition made
under section 37B of the Wealth-tax Act if it relates to any tax
arrear;
(ii)
relating to
an assessment or reassessment in respect of which a survey conducted
under section 133A of the Income-tax Act or section 38A of
the Wealth-tax Act, has a bearing if it relates to any tax arrear;
(iii)
relating to
an assessment year in respect of which prosecution has been instituted on or
before the date of filing of declaration under section 202;
(iv)
relating to
any undisclosed income from a source located outside India or undisclosed asset
located outside India;
(v)
relating to
an assessment or reassessment made on the basis of information received under
an agreement referred to in section 90 or section 90A of
the Income-tax Act, if it relates to any tax arrear;
(b)
to any
person in respect of whom an order of detention has been made under the
provisions of the Conservation of Foreign Exchange and Prevention of Smuggling
Activities Act, 1974 (52 of 1974):
Provided
that--
(i)
such order
of detention, being an order to which the provisions of section
9 or section 12A of the said Act do not apply, has not been
revoked on the report of the Advisory Board under section 8 of the
said Act or before the receipt of the report of the Advisory Board; or
(ii)
such order
of detention, being an order to which the provisions of section 9 of
the said Act apply, has not been revoked before the expiry of the time for, or
on the basis of, the review under sub-section (3) of section 9, or on the
report of the Advisory Board under section 8, read with sub-section (2)
of section 9, of the said Act; or
(iii)
such order
of detention, being an order to which the provisions of section
12A of the said Act apply, has not been revoked before the expiry of the
time for, or on the basis of, the first review under sub-section (3) of that
section, or on the basis of the report of the Advisory Board under section
8, read with sub-section (6) of section 12A, of the said Act; or
(iv)
such order
of detention has not been set aside by a court of competent jurisdiction;
(c)
to any
person in respect of whom prosecution for any offence punishable under the
provisions of the Indian Penal Code (45 of 1860), the Unlawful Activities
(Prevention) Act, 1967 (37 of 1967), the Narcotic Drugs and Psychotropic
Substances Act, 1985 (61 of 1985), the Prevention of Corruption Act, 1988 (49
of 1988) or for the purpose of enforcement of any civil liability has been
instituted on or before the filing of the declaration or such person has been
convicted of any such offence punishable under any of those Acts;
(d)
to any
person notified under section 3 of the Special Court (Trial of
Offences Relating to Transactions in Securities) Act, 1992 (27 of 1992).
Section 209 - Power of Central Government to issue directions, etc
(1)
The Central
Government may, from time to time, issue such directions or orders to the
authorities, as it may deem fit, for the proper administration of this Scheme:
Provided
that no direction or order shall be issued so as to require any designated
authority to dispose of a particular case in a particular manner.
(2)
Without
prejudice to the generality of the foregoing power, the Central Government may,
if it considers necessary or expedient so to do, for the purpose of proper and
efficient administration of the Scheme and collection of revenue, issue, from
time to time, general or special orders in respect of any class of cases,
setting forth directions or instructions as to the guidelines, principles or
procedures to be followed by the authorities in the work relating to
administration of the Scheme and collection of revenue and any such order may,
if the Central Government is of the opinion that it is necessary in the public
interest so to do, be published in the Official Gazette in such manner as may
be prescribed.
Section 210 - Power to remove difficulties
(1)
If any
difficulty arises in giving effect to the provisions of this Scheme, the
Central Government may, by order, not inconsistent with the provisions of this
Scheme, remove the difficulty:
Provided
that no such order shall be made after the expiry of a period of two years from
the date on which the provisions of this Scheme come into force.
(2)
Every order
made under this section shall, as soon as may be after it is made, be laid
before each House of Parliament.
Section 211 - Power to make rules
(1)
The Central
Government may, by notification in the Official Gazette, make rules for
carrying out the provisions of this Scheme.
(2)
Without
prejudice to the generality of the foregoing power, such rules may provide for
all or any of the following matters, namely:--
(a)
the form in
which a declaration may be made and the manner in which such declaration may be
verified under sub-section (1) of section 203;
(b)
the form of
certificate which may be granted under sub-section (1) of section 204;
(c)
the manner
in which orders may be published under sub-section (2) of section 209;
(d)
any other
matter which by this scheme is to be, or may be, prescribed, or in respect of
which provision is to be made, by rules.
(3)
Every rule
made by the Central Government under this Scheme shall be laid, as soon as may
be after it is made, before each House of Parliament, while it is in session,
for a total period of thirty days, which may be comprised in one session or in
two or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid, both
Houses agree in making any modification in the rule or both Houses agree that
the rule should not be made, the rule shall thereafter have effect only in such
modified form or be of no effect, as the case may be; so, however, that any
such modification or annulment shall be without prejudice to the validity of
anything previously done under that rule.
Section 212 - Short title, application and commencement
(1)
This Scheme
may be called the Indirect Tax Dispute Resolution Scheme, 2016.
(2)
It shall be
applicable to the declarations made up to the 31st day of December, 2016.
(3)
It shall
come into force on the 1st day of June, 2016.
Section 213 - Definitions
(1)
In this
Scheme, unless the context otherwise requires,--
(a)
"Act"
means the Customs Act, 1962 (52 of 1962) or the Central Excise Act, 1944 (1 of
1944) or Chapter V of the Finance Act, 1994 (32 of 1994), as the case may be;
(b)
"Assistant
Commissioner" means the Assistant Commissioner of Customs or the Assistant
Commissioner of Central Excise or the Assistant Commissioner of Service Tax, as
the case may be;
(c)
"Commissioner"
means the Commissioner of Customs or the Commissioner of Central Excise or the
Commissioner of Service Tax, as the case may be;
(d)
"declarant"
means any person who makes a declaration under sub-section (1) of section 214;
(e)
"designated
authority" means an officer not below the rank of Assistant Commissioner
who is authorised to act as Assistant Commissioner by the Commissioner for the
purposes of this Scheme;
(f)
"impugned
order" means any order which is under challenge before the Commissioner
(Appeals);
(g)
"indirect
tax dispute" means a dispute in respect of any of the provisions of the
Act which is pending before the Commissioner (Appeals) as an appeal against the
impugned order as on the 1st day of March, 2016;
(h)
"prescribed"
means prescribed by rules made under this Scheme;
(i)
"tax"
includes duty or tax levied under the Act.
(2)
Words and
expressions used herein and not defined but defined in the Act or the rules
made thereunder shall have the meanings respectively assigned to them in the
Act or the rules made thereunder.
Section 214 - Procedure for making declaration
(1)
Subject to
the provisions of this Scheme, a person may make a declaration to the
designated authority on or before the 31st day of December, 2016 in such form
and manner as may be prescribed.
(2)
The
designated authority shall acknowledge the declaration in such form and manner
as may be prescribed.
(3)
The
declarant shall pay tax due alongwith the interest thereon at the rate as
provided in the Act and penalty equivalent to twenty-five per cent. of the
penalty imposed in the impugned order, within fifteen days of the receipt of
acknowledgement under sub-section (2) and intimate the designated authority
within seven days of making such payment giving the details of payment made
along with the proof thereof.
(4)
On receipt
of the proof of payment of tax, interest and penalty under sub-section (3), the
designated authority shall, within fifteen days of the receipt of such proof,
pass an order of discharge of dues referred to in sub-section (3) in such form
as may be prescribed.
Section 215 - Scheme not to apply in certain cases
The
provisions of this Scheme shall not apply, if--
(a)
the impugned
order is in respect of search and seizure proceeding; or
(b)
prosecution
for any offence punishable under the Act has been instituted before the 1st day
of June, 2016; or
(c)
the impugned
order is in respect of narcotic drugs or other prohibited goods; or
(d)
impugned
order is in respect of any offence punishable under the Indian Penal Code (45
of 1860), the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985)
or the Prevention of Corruption Act, 1988 (49 of 1988); or
(e)
any
detention order has been passed under the Conservation of Foreign Exchange and
Prevention of Smuggling Act, 1974 (52 of 1974).
Section 216 - Immunity from other proceedings under Act
(1)
Notwithstanding
anything contained in any provision of the Act, upon the passing of an order
under sub-section (4) of section 214, the appeal pending before the
Commissioner (Appeals) shall stand disposed of and the declarant shall get
immunity from all proceedings under the Act, in respect of the indirect tax
dispute for which the declaration has been made under this Scheme.
(2)
A
declaration made under sub-section (1) of section 214 shall become conclusive
upon the issuance of an order under sub-section (4) of section 214 and no
matter relating to the impugned order shall be reopened thereafter in any
proceedings under the Act before any authority or court.
Section 217 - Consequences of order made under scheme
(1)
Any amount
paid in pursuance of a declaration made under sub-section (1) of section 214
shall not be refunded.
(2)
Any order
passed under sub-section (4) of section 214 shall not be deemed to be an order
on merits and has no binding effect.
Explanation.--For
the removal of doubts, it is hereby declared that nothing contained in this
Scheme shall be construed as conferring any benefit, concession or immunity on
the declarant other than the benefit, concession or immunity granted under
section 216.
Section 218 - Power to make rules
(1)
The Central
Government may, by notification in the Official Gazette, make rules for
carrying out the provisions of this Scheme.
(2)
Without
prejudice to the generality of the foregoing power, such rules may provide for
all or any of the following matters, namely:--
(a)
the form and
the manner in which a declaration may be made under sub-section (1) of section
214;
(b)
the form and
the manner of acknowledging the declaration under sub-section (2) of section
214;
(c)
the form and
the manner of issuing an order of discharge under sub-section (4) of section 214;
(d)
any other
matter which is to be, or may be, prescribed, or in respect of which provision
is to be made, by rules.
(3)
Every rule
made under this Scheme shall be laid, as soon as may be after it is made,
before each House of Parliament, while it is in session, for a total period of
thirty days which may be comprised in one session or in two or more successive
sessions, and if, before the expiry of the session immediately following the
session or the successive sessions aforesaid, both Houses agree in making any
modification in the rule or both Houses agree that the rule should not be made,
the rule shall thereafter have effect only in such modified form or be of no
effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously
done under that rule.
Section 219 - Commencement and Amendment of Act 2 of 1934
The
provisions of this Part shall come into force on such date as the Central
Government may, by notification in the Official Gazette, appoint.
Section 220 - Amendment of Preamble
In the
Reserve Bank of India Act, 1934 (herein referred to as the principal Act), in
the Preamble, for paragraphs 2 and 3, the following paragraphs shall be
substituted, namely:-
"AND
WHEREAS it is essential to have a modern monetary policy framework to meet the
challenge of an increasingly complex economy;
AND WHEREAS
the primary objective of the monetary policy is to maintain price stability
while keeping in mind the objective of growth;
AND WHEREAS
the monetary policy framework in India shall be operated by the Reserve Bank of
India;".
Section 221 - Amendment of section 2
In section
2 of the principal Act,--
(i)
after clause
(b), the following clause shall be inserted, namely:--
'(bva)
"Consumer Price Index" means the Consumer Price Index Combined
published by the Government of India from time to time;';
(ii)
after clause
(c), the following clauses shall be inserted, namely:--
'(ci)
"inflation" means the year wise change in monthly Consumer Price
Index expressed in terms of percentage;
(cii)
"inflation target" means the inflation target determined in
accordance with sub-section (1) of section 45ZA;';
(iii)
after clause
(cc), the following clauses shall be inserted, namely:--
'(cci)
"Monetary Policy Committee" means the Committee constituted under
sub-section (1) of section 45ZB;';
(iv)
after clause
(cccc), the following clause shall be inserted, namely:--
'(cccci)
"Policy Rate" means the rate for repo-transactions under sub-section
(12AB) of section 17;'.
Section 222 - Insertion of new Chapter III F
After
Chapter III E of the principal Act, the following Chapter shall be inserted,
namely:--
"CHAPTER III F
MONETARY POLICY
45Z.
Provisions of this Chapter to override other provisions of Act
The
provisions of this Chapter shall have effect, notwithstanding anything
inconsistent therewith contained in any other provisions of this Act.
45ZA.
Inflation target
(1)
The Central
Government shall, in consultation with the Bank, determine the inflation target
in terms of the Consumer Price Index, once in every five years.
(2)
The Central
Government shall, upon such determination, notify the inflation target in the
Official Gazette.
45ZB.
Constitution of Monetary Policy Committee
(1)
The Central
Government may, by notification in the Official Gazette, constitute a Committee
to be called the Monetary Policy Committee of the Bank.
(2)
The Monetary
Policy Committee shall consist of the following Members, namely:--
(a)
the Governor
of the Bank--Chairperson, ex officio;
(b)
Deputy
Governor of the Bank, in charge of Monetary Policy--Member, ex officio;
(c)
one officer
of the Bank to be nominated by the Central Board--Member, ex officio; and
(d)
three
persons to be appointed by the Central Government--Members.
(3)
The Monetary
Policy Committee shall determine the Policy Rate required to achieve the
inflation target.
(4)
The decision
of the Monetary Policy Committee shall be binding on the Bank.
45ZC.
Eligibility and selection of Members appointed by Central Government
(1)
The Members
of the Monetary Policy Committee referred to in clause (d) of sub-section (2)
of section 45ZB shall be appointed by the Central Government from amongst
persons of ability, integrity and standing, having knowledge and experience in
the field of economics or banking or finance or monetary policy:
Provided
that no person shall be appointed as a Member, in case such person--
(i)
has
completed the age of seventy years on the date of appointment as Member;
(ii)
is a Member
of any Board or Committee of the Bank;
(iii)
is an
employee of the Bank;
(iv)
is a public servant
as defined under section 21 of the Indian Penal Code (45 of 1860);
(v)
is a Member
of Parliament or any State Legislature;
(vi)
has been at
any time, adjudged as an insolvent;
(vii)
has been
convicted of an offence which is punishable with an imprisonment for a term of
one hundred and eighty days or more;
(viii)
is
physically or mentally incapable of discharging the duties of a Member of the
Monetary Policy Committee; or
(ix)
has a
material conflict of interest with the Bank and is unable to resolve such
conflict.
(2)
The Members
of the Monetary Policy Committee referred to in clause (d) of sub-section (2)
of section 45ZB shall be appointed by the Central Government on the
recommendations made by Search-cum-Selection Committee consisting of the
following members, namely:--
(a)
Cabinet
Secretary--Chairperson;
(b)
Governor of
the Reserve Bank of India or his representative (not below the rank of Deputy
Governor)--member;
(c)
Secretary,
Department of Economic Affairs--member;
(d)
three
experts in the field of economics or banking or finance or Monetary policy to
be nominated by the Central Government--members.
(3)
While
selecting the Members of the Monetary Policy Committee, the
Search-cum-Selection Committee shall follow such procedure as may be prescribed
by the Central Government.
45ZD. Terms
and conditions of appointment of Members of Monetary Policy Committee
(1)
The Members
of the Monetary Policy Committee appointed under clause (d) of sub-section (2)
of section 45ZB shall hold office for a period of four years and shall not be
eligible for re-appointment.
(2)
The terms
and conditions of appointment of Members of the Monetary Policy Committee shall
be such as may be prescribed by the Central Government and the remuneration and
other allowances payable to such Members shall be such as may be specified by
the regulations made by the Central Board.
(3)
A Member may
resign from the Monetary Policy Committee, at any time before the expiry of his
tenure under sub-section (1), by giving to the Central Government, a written
notice of not less than six weeks, and on the acceptance of the resignation by
the Central Government, he shall cease to be a Member of the Monetary Policy
Committee.
45ZE.
Removal of Members of Monetary Policy Committee
(1)
The Central
Government may remove from office any Member of the Monetary Policy Committee
appointed under clause (d) of sub-section (2) of section 45ZB, who--
(a)
is, or at
any time has been, adjudged as an insolvent; or
(b)
has become
physically or mentally incapable of acting as a Member; or
(d)
has been
convicted of an offence which, in the opinion of the Central Government,
involves moral turpitude; or
(e)
has failed
to adequately disclose any material conflict of interest at the time of his
appointment; or
(f)
does not
attend three consecutive meetings of the Monetary Policy Committee without
obtaining prior leave; or
(g)
has acquired
such financial or other interest as is likely to affect prejudicially his
functions as a Member; or
(h)
has acquired
any post referred to in clauses (ii), (iii), (iv) and clause (v) of the proviso
to sub-section (1) of section 45ZC; or
(i)
has, in the
opinion of the Central Government, so abused his position as to render his
continuance in office detrimental to the public interest.
(2)
No Member
appointed under clause (d) of sub-section (2) of section 45ZB shall be removed
under clause (d) or clause (e) or clause (f) or clause (g) or clause (h) of
sub-section (1) unless he has been given a reasonable opportunity of being
heard in the matter.
45ZF.
Vacancies, etc., not to invalidate proceedings of Monetary Policy Committee
No act or
proceeding of the Monetary Policy Committee shall be invalid merely by reason
of--
(a)
any vacancy
in, or any defect in the constitution of the Monetary Policy Committee; or
(b)
any defect
in the appointment of a person acting as a Member of the Monetary Policy
Committee; or
(c)
any
irregularity in the procedure of the Monetary Policy Committee not affecting
the merits of the case.
45ZG.
Secretary to Monetary Policy Committee
(1)
The Bank
shall appoint a Secretary to the Monetary Policy Committee to provide
secretariat support to the said Committee.
(2)
The
Secretary shall perform such functions and in such manner as may be specified
by the regulations made by the Central Board.
45ZH.
Information for Monetary Policy Committee Members
(1)
The Bank
shall provide all information to the Members of the Monetary Policy Committee
that may be relevant to achieve the inflation target.
(2)
In addition
to information provided by the Bank under sub-section (1), any Member of the
Monetary Policy Committee may, at any time, request the Bank for additional
information, including any data, models or analysis.
(3)
The Bank
shall provide the information, as referred to in sub-section (2), to the Member
of the Monetary Policy Committee, within reasonable time, unless--
(a)
the information
pertains to an entity or person and is not publicly available; or
(b)
the
information allows an entity or person to be identified and the information is
not publicly available.
(4)
Any
information provided by the Bank to a Member of the Monetary Policy Committee
shall be provided to all the Members of the Monetary Policy Committee.
45ZI.
Meetings of Monetary Policy Committee.
(1)
The Bank
shall organise at least four meetings of the Monetary Policy Committee in a
year.
(2)
The meeting
schedule of the Monetary Policy Committee for a year shall be published by the
Bank at least one week before the first meeting in that year.
(3)
The meeting
schedule may be changed only--
(a)
by way of a
decision taken at a prior meeting of the Monetary Policy Committee; or
(b)
if, in the
opinion of the Governor, an additional meeting is required or a meeting is
required to be rescheduled due to administrative exigencies.
(4)
Any change
in meeting schedule shall be published by the Bank as soon as practicable.
(5)
The quorum
for a meeting of the Monetary Policy Committee shall be four Members, at least
one of whom shall be the Governor and in his absence, the Deputy Governor who
is the Member of the Monetary Policy Committee.
(6)
The meetings
of the Monetary Policy Committee shall be presided over by the Governor, and in
his absence by the Deputy Governor who is a Member of the Monetary Policy
Committee.
(7)
Each Member
of the Monetary Policy Committee shall have one vote.
(8)
All
questions which come up before any meeting of the Monetary Policy Committee
shall be decided by a majority of votes by the Members present and voting, and
in the event of an equality of votes, the Governor shall have a second or
casting vote.
(9)
The Central
Government may, if it considers necessary, convey its views in writing to the
Monetary Policy Committee from time to time.
(10)
The vote of
each Member of the Monetary Policy Committee for a proposed resolution shall be
recorded against such Member.
(11)
Each Member
of the Monetary Policy Committee shall write a statement specifying the reasons
for voting in favour of, or against the proposed resolution.
(12)
The
procedure, conduct, code of confidentiality and any other incidental matter for
the functioning of the Monetary Policy Committee shall be such as may be
specified by the regulations made by the Central Board.
(13)
The
proceeding of the Monetary Policy Committee shall be confidential.
45ZJ. Steps
to be taken to implement decision of Monetary Policy Committee
(1)
The Bank
shall publish a document explaining the steps to be taken by it to implement
the decisions of the Monetary Policy Committee, including any changes thereto.
(2)
The
particulars to be included in such document and the frequency of publications
of such document shall be such as may be specified by the regulations made by
the Central Board.
45ZK.
Publication of decisions
The Bank
shall publish, after the conclusion of every meeting of the Monetary Policy
Committee, the resolution adopted by the said Committee;
45ZL.
Publication of proceedings of meeting of Monetary Policy Committee
The Bank
shall publish, on the fourteenth day after every meeting of the Monetary Policy
Committee, the minutes of the proceedings of the meeting which shall include
the following, namely:--
(a)
the
resolution adopted at the meeting of the Monetary Policy Committee;
(b)
the vote of
each member of the Monetary Policy Committee, ascribed to such member, on
resolutions adopted in the said meeting; and
(c)
the
statement of each member of the Monetary Policy Committee under sub-section
(11) of section 45ZL on the resolutions adopted in the said meeting.
45ZM.
Monetary Policy Report
(1)
The Bank
shall, once in every six months, publish a document to be called the Monetary
Policy Report, explaining--
(a)
the sources
of inflation; and
(b)
the
forecasts of inflation for the period between six to eighteen months from the
date of publication of the document.
(2)
The form and
contents of the Monetary Policy Report shall be such as may be specified by the
regulations made by the Central Board.
45ZN.
Failure to maintain inflation target
Where the Bank
fails to meet the inflation target, it shall set out in a report to the Central
Government--
(a)
the reasons
for failure to achieve the inflation target;
(b)
remedial
actions proposed to be taken by the Bank; and
(c)
an estimate
of the time-period within which the inflation target shall be achieved pursuant
to timely implementation of proposed remedial actions.
Explanation.--For
the purposes of this section, the factors that constitute failure shall be such
as may be notified by the Central Government in the Official Gazette, within
three months from the date of the commencement of Part I of Chapter XII of the
Finance Act, 2016.
45ZO. Power
to make rules
(1)
The Central
Government may, by notification in the Official Gazette, make rules for the
purpose of carrying out the provisions of this Chapter.
(2)
In
particular and without prejudice to the generality of the foregoing power, such
rules may provide for--
(a)
the
procedure of functioning of the Search-cum-Selection Committee under
sub-section (3) of section 45ZC;
(b)
the terms
and conditions of appointment, (other than the remuneration and other
allowances), of Members of the Monetary Policy Committee under sub-section (2)
of section 45ZD; and
(c)
any other
matter which is to be, or may be, prescribed by the Central Government by
rules.".
Section 223 - Amendment of section 58
In section
58 of the principal Act, in sub-section (2), after clause (q), the
following clauses shall be inserted, namely:--
"(qa)
the remuneration and other allowances payable to Members of the Monetary Policy
Committee under sub-section (2) of section 45ZD;
(qb) the
functions of the Secretary under sub-section (2) of section 45ZG;
(qc) the
procedure, manner of conducting of meetings and related matters of the Monetary
Policy Committee under sub-section (12) of section 45ZI;
(qd) the
particulars and the frequency of publication of document under sub-section (2)
of section 45ZJ;
(qe) the
form and contents of the Monetary Policy Report to be published under
sub-section (2) of section 45ZM;".
Section 224 - Amendment of Act 74 of 1956
In the
Central Sales Tax Act, 1956, in section 3, after Explanation 2, the
following Explanation shall be inserted, namely:--
"Explanation
3.--Where the gas sold or purchased and transported through a common carrier
pipeline or any other common transport or distribution system becomes
co-mingled and fungible with other gas in the pipeline or system and such gas
is introduced into the pipeline or system in one State and is taken out from
the pipeline in another State, such sale or purchase of gas shall be
deemed to be a movement of goods from one State to another.".
Section 225 - Amendment of Schedule of Act 47 of 1974
In the Oil
Industry (Development) Act, 1974, in the Schedule, against Sl. No. 1 relating
to crude oil, for the entry in column 3, the entry "twenty per cent. ad
valorem" shall be substituted.
Section 226 -
In the
Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976
with effect from the 1st day of June, 2016,--
(a)
section
2A shall be omitted;
(b)
in section
3, in sub-section (1), in clause (a), the words "for Forfeited
Property" shall be omitted;
(c)
in section
12,--
(i)
in
sub-section (1),--
(A)
the words
"to be called the Appellate Tribunal for Forfeited Property" shall be
omitted;
(B)
for the
words "hearing appeals against the orders made under section 7,
sub-section (1) of section 9 or section 10", the following
shall be substituted, namely:--
"hearing
appeals against the orders made--
(a)
under section
7, sub-section (1) of section 9 or section 10;
(b)
under section
68F, section 68-I, sub-section (1) of section
68K or section 68L of the Narcotic Drugs and Psychotropic
Substances Act, 1985 (61 of 1985);
(c)
by the
Adjudicating Authority or any other authority under the Prevention of
Money-laundering Act, 2002 (15 of 2003).";
(ii)
in
sub-section (2), the words "or is qualified to be" shall be omitted;
(iii)
in
sub-section (6A), for the words "Bench of two members", the words
"Bench with one or two members" shall be substituted;
(iv)
after
sub-section (6A), the following sub-sections shall be inserted, namely:--
"(6B)
In the event of the occurrence of any vacancy in the office of the Chairman by
reason of his death, resignation or otherwise, the senior-most member, shall
act as the Chairman until the date on which a new Chairman, appointed in
accordance with the provisions of this Act to fill such vacancy, enters upon
his office.
(6C) When
the Chairman is unable to discharge his functions owing to absence, illness or
any other cause, the senior-most member shall discharge the functions of the
Chairman until the date on which the Chairman resumes his duties.".
Section 227 -
In the
Narcotic Drugs and Psychotropic Substances Act, 1985 with effect from the 1st
day of June, 2016,--
(a)
in section
68B, in clause (a), for the words "for Forfeited Property constituted
under", the words "referred to in" shall be substituted;
(b)
for section
68N, the following section shall be substituted, namely:--
"68N.
The Appellate Tribunal constituted under sub-section (1) of section
12 of the Smugglers and Foreign Exchange Manipulators (Forfeiture of
Property) Act, 1976 (13 of 1976) shall be the Appellate Tribunal for hearing
appeals against the orders made under section 68F, section 68-I,
sub-section (1) of section 68K or section 68L.";
(c)
in section
76, in sub-section (2), clause (db) shall be omitted.
Section 228 - Commencement of this Part
The
provisions of this Part shall come into force on such date as the Central
Government may, by notification in the Official Gazette, appoint.
Section 229 - Amendment of Act 42 of 1999
[67][In the Foreign Exchange Management Act, 1999, after section 14,
the following section shall be inserted, namely:--
"14A.
Power to recover arrears of penalty
(1)
Save as
otherwise provided in this Act, the Adjudicating Authority may, by order in
writing, authorise an officer of Enforcement not below the rank of Assistant
Director to recover any arrears of penalty from any person who fails to make
full payment of penalty imposed on him under section 13 within the period of
ninety days from the date on which the notice for payment of such penalty is
served on him.
(2)
The officer
referred to in sub-section (1) shall exercise all the like powers which are
conferred on the income-tax authority in relation to recovery of tax under the
Income-tax Act, 1961 (43 of 1961) and the procedure laid down under the Second
Schedule to the said Act shall mutatis mutandis apply in relation to recovery
of arrears of penalty under this Act.".]
Section 230 - Amendment of Act 54 of 2000
In section
10 of the Central Road Fund Act, 2000, with effect from the 1st day of
June, 2016,--
(A)
in
sub-section (1), for clause (viii), the following clause shall be substituted,
namely:--
"(viii)
allocation of--
(a)
thirty-three
and one-half per cent. of the cess on high speed diesel and petrol for the
development of rural roads;
(b)
forty-one
and one-half per cent. of the cess on high speed diesel and petrol for the
development and maintenance of national highways;
(c)
fourteen per
cent. of the cess on high speed diesel and petrol for railways safety works,
including the construction of road either under or over the railways by means
of a bridge and erection of safety works at unmanned rail-road crossings, new
lines, conversion of existing standard lines into gauge lines and
electrification of rail lines:
Provided
that no repair, maintenance or renovation work shall be carried out from the
allocation of cess under this sub-clause;
(d)
ten per
cent. of the cess on high speed diesel and petrol on development and
maintenance of State roads of inter-State and economic importance to be so
approved by the Central Government; and
(d)
one per
cent. of the cess on high speed diesel and petrol on development and
maintenance of road in border areas.";
(B)
sub-section
(2) shall be omitted.
Section 231 - Amendment of Act 14 of 2001
In the
Finance Act, 2001, the Seventh Schedule shall be amended,--
(i)
in the
manner specified in the Twelfth Schedule;
(ii)
in the
manner specified in the Thirteenth Schedule, with effect from the 1st day of
January, 2017.
Section 232 - Amendment of Act 15 of 2003
In the
Prevention of Money-laundering Act, 2002 with effect from the 1st day of June,
2016,--
(a)
in section
2, in sub-section (1), in clause (b), for the words "established
under", the words "referred to in" shall be substituted;
(b)
for section
25, the following section shall be substituted, namely:--
"25.
Appellate Tribunal
The
Appellate Tribunal constituted under sub-section (1) of section 12 of
the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act,
1976 (13 of 1976) shall be the Appellate Tribunal for hearing appeals against
the orders of the Adjudicating Authority and the other authorities under this
Act.";
(c)
sections
27, 28, 30, 31, 32, 33 and 34 shall be
omitted;
(d)
in
sections 36, 37, 38 and 40, for the word
"Chairperson" wherever it occurs, the word "Chairman" shall
be substituted;
(e)
in section
73, in sub-section (2), clauses (s) and (t) shall be omitted.
Section 233 - Amendment of Act 23 of 2004
In the
Finance (No. 2) Act, 2004 with effect from the 1st day of June, 2016,--
(a)
in section
98, in the Table, against serial number 4, in item (a), under column (3), for
the entry "0.017 per cent.", the entry "0.05 per cent."
shall be substituted;
(b)
for section
113A, the following section shall be substituted, namely:--
'113A.
Chapter VII not to apply in certain cases
Notwithstanding
anything contained in this Chapter, the provisions of this Chapter shall not
apply to taxable securities transactions entered into by,--
(a)
any person
for, or on behalf of, the New Pension System Trust referred to in clause (44)
of section 10 of the Income-tax Act, 1961 (43 of 1961); or
(b)
any person
on a recognised stock exchange located in an International Financial Services Centre
where the consideration for such transaction is paid or payable in foreign
currency.
Explanation.--For
the purposes of this section, "International Financial Services
Centre" shall have the same meaning as assigned to it in clause (q)
of section 2 of the Special Economic Zones Act, 2005 (28 of 2005).'.
Section 234 - Amendment of Act 18 of 2005
In the
Finance Act, 2005, the Seventh Schedule shall be amended in the manner
specified in the Fourteenth Schedule.
Section 235 - Amendment of Act 14 of 2010
In the
Finance Act, 2010,--
(i)
in Chapter
VII or in any other law for the time being in force, for the words "Clean
Energy Cess", wherever they occur, the words "Clean Environment
Cess" shall be substituted;
(ii)
in the Tenth
Schedule, for the entry in column (4) occurring against all the headings, the
entry "Rs. 400 per tonne" shall be substituted.
Section 236 - Amendment of section 2 of Act 42 of 2010
In the
Foreign Contribution (Regulation) Act, 2010, in section 2, in sub-section
(1), in clause (j), in sub-clause (vi), the following proviso shall be inserted
and shall be deemed to have been inserted with effect from [68][the
5th August, 1976], namely:--
"Provided
that where the nominal value of share capital is within the limits specified
for foreign investment under the Foreign Exchange Management Act, 1999 (42 of
1999), or the rules or regulations made thereunder, then, notwithstanding the
nominal value of share capital of a company being more than one-half of such
value at the time of making the contribution, such company shall not be a
foreign source;".
Section 237 - Amendment of Act 17 of 2013
In the
Finance Act, 2013, after section 132, the following section shall be inserted,
with effect from the 1st day of June, 2016, namely:--
'132A.
Chapter VII not to apply in certain cases
Notwithstanding
anything contained in this Chapter, the provisions of this Chapter shall not
apply to taxable commodities transactions entered into by any person on a
recognised association located in an International Financial Services Centre,
where the consideration for such transaction is paid or payable in foreign
currency.
Explanation.--For
the purposes of this section, "International Financial Services
Centre" shall have the same meaning as assigned to it in clause (q)
of section 2 of the Special Economic Zones, Act, 2005 (28 of 2005).'.
Section 238 - Amendment of Act 20 of 2015
In the
Finance Act, 2015,--
(a)
in section
4, clause (ii) shall be omitted with effect from the 1st day of April, 2016;
(b)
with effect
from the 1st day of June, 2016,--
(i)
in section
122, in sub-section (2), for the words "Any credit balance", the
words "Notwithstanding anything contrary contained in any other law for
the time being in force, any credit balance" shall be substituted;
(ii)
in section
124, sub-section (5) shall be omitted;
(iii)
in section
128, in sub-section (2), clause (c) shall be omitted.
Section 239 - Repeal and amendment of certain enactments
The
enactments specified in the Fifteenth Schedule are hereby repealed or amended
to the extent mentioned in the fourth column thereof.
Section 240 - Savings
(1)
The repeal
by this Act of the enactments specified in the Fifteenth Schedule or amendments
therein shall not--
(a)
affect any
other enactment in which the repealed enactment has been applied, incorporated
or referred to;
(b)
affect the
validity, invalidity, effect or consequences of anything already done or
suffered, or any right, title, obligation or liability already acquired,
accrued or incurred or any remedy or proceeding in respect thereof, or any
release or discharge of or from any debt, penalty, obligation, liability, claim
or demand, or any indemnity already granted, or the proof of any past act or
thing;
(c)
affect any
principle or rule of law, or established jurisdiction, form or course of
pleading, practice or procedure, or existing usage, custom, privilege,
restriction, exemption, office or appointment, notwithstanding that the same
respectively may have been in any manner affirmed or recognised or derived by,
in or from any enactment hereby repealed;
(d)
revive or
restore any jurisdiction, office, custom, liability, right, title, privilege,
restriction, exemption, usage, practice, procedure or other matter or thing not
now existing or in force.
(2)
The mention
of particular matters in sub-section (1) shall not be held to prejudice or
affect the general application of section 6 of the General Clauses
Act, 1897 (10 of 1897), with regard to the effect of repeals.
Section 241 - Collection and payment of arrears of duties
Notwithstanding
the repeal or amendment of the enactments specified in the Fifteenth Schedule,
the proceeds of duties levied under the said enactments immediately preceding
the date on which the Finance Bill, 2016 receives the assent of the
President,--
(i)
if collected
by the collecting agencies but not paid into the Reserve Bank of India; or
(ii)
if not
collected by the collecting agencies, shall be paid or as the case may be,
collected and paid into the Reserve Bank of India for being credited to the
Consolidated Fund of India.
Schedule I
THE FIRST SCHEDULE
(See section 2)
PART I
INCOME-TAX
Paragraph A
(I)
In the case
of every individual other than the individual referred to in items (II) and
(III) of this Paragraph or Hindu undivided family or association of persons or
body of individuals, whether incorporated or not, or every artificial juridical
person referred to in sub-clause (vii) of clause (31) of section 2 of
the Income-tax Act, not being a case to which any other Paragraph of this Part
applies,--
Rates of income-tax
(1) |
where the
total income does not exceed Rs. 2,50,000 |
Nil; |
(2) |
where the
total income exceeds Rs. 2,50,000 but does not exceed Rs. 5,00,000 |
10 per
cent. of the amount by which the total income exceeds Rs. 2,50,000; |
(3) |
where the
total income exceeds Rs. 5,00,000 but does not exceed Rs. 10,00,000 |
Rs. 25,000
plus 20 per cent. of the amount by which the total income exceeds Rs.
5,00,000; |
(4) |
where the
total income exceeds Rs. 10,00,000 |
Rs.
1,25,000 plus 30 per cent. of the amount by which the total income exceeds
Rs. 10,00,000. |
(II)
In the case
of every individual, being a resident in India, who is of the age of sixty
years or more but less than eighty years at any time during the previous
year,--
Rates of income-tax
(1) |
where the
total income does not exceed Rs. 3,00,000 |
Nil; |
(2) |
where the
total income exceeds Rs. 3,00,000 but does not exceed Rs. 5,00,000 |
10 per
cent. of the amount by which the total income exceeds Rs. 3,00,000; |
(3) |
where the
total income exceeds Rs. 5,00,000 but does not exceed Rs. 10,00,000 |
Rs. 20,000
plus 20 per cent. of the amount by which the total income exceeds Rs.
5,00,000; |
(4) |
where the
total income exceeds Rs. 10,00,000 |
Rs.
1,20,000 plus 30 per cent. of the amount by which the total income exceeds
Rs. 10,00,000. |
(III)
In the case
of every individual, being a resident in India, who is of the age of eighty
years or more at any time during the previous year,--
Rates of income-tax
(1) |
where the
total income does not exceed Rs. 5,00,000 |
Nil; |
(2) |
where the
total income exceeds Rs. 5,00,000 but does not exceed Rs. 10,00,000 |
20 per
cent. of the amount by which the total income exceeds Rs. 5,00,000; |
(3) |
where the
total income exceeds Rs. 10,00,000 |
Rs.
1,00,000 plus 30 per cent. of the amount by which the total income exceeds
Rs. 10,00,000. |
Surcharge on income-tax
The amount
of income-tax computed in accordance with the preceding provisions of this
Paragraph, or the provisions of section 111A or section
112 of the Income-tax Act, shall, in the case of every individual or Hindu
undivided family or association of persons or body of individuals, whether
incorporated or not, or every artificial juridical person referred to in
sub-clause (vii) of clause (31) of section 2 of the Income-tax Act,
having a total income exceeding one crore rupees, be increased by a surcharge
for the purposes of the Union calculated at the rate of twelve per cent. of
such income-tax:
Provided
that in the case of persons mentioned above having total income exceeding one
crore rupees, the total amount payable as income-tax and surcharge on such
income shall not exceed the total amount payable as income-tax on a total
income of one crore rupees by more than the amount of income that exceeds one
crore rupees.
Paragraph B
In the case
of every co-operative society,--
Rates of income-tax
(1) |
where the
total income does not exceed Rs. 10,000 |
10 per
cent. of the total income; |
(2) |
where the
total income exceeds Rs. 10,000 but does not exceed Rs. 20,000 |
Rs. 1,000
plus 20 per cent. of the amount by which the total income exceeds Rs. 10,000; |
(3) |
where the
total income exceeds Rs. 20,000 |
Rs. 3,000
plus 30 per cent. of the amount by which the total income exceeds Rs. 20,000. |
Surcharge on income-tax
The amount
of income-tax computed in accordance with the preceding provisions of this
Paragraph, or the provisions of section 111A or section
112 of the Income-tax Act, shall, in the case of every co-operative
society, having a total income exceeding one crore rupees, be increased by a
surcharge for the purposes of the Union calculated at the rate of twelve per
cent. of such income-tax:
Provided
that in the case of co-operative society mentioned above having total income
exceeding one crore rupees, the total amount payable as income-tax and
surcharge on such income shall not exceed the total amount payable as
income-tax on a total income of one crore rupees by more than the amount of
income that exceeds one crore rupees.
Paragraph C
In the case
of every firm,--
Rate of income-tax
On the
whole of the total income |
30 per
cent. |
Surcharge on income-tax
The amount
of income-tax computed in accordance with the preceding provisions of this
Paragraph, or the provisions of section 111A or section
112 of the Income-tax Act, shall, in the case of every firm, having a
total income exceeding one crore rupees, be increased by a surcharge for the
purposes of the Union calculated at the rate of twelve per cent. of such
income-tax:
Provided
that in the case of firm mentioned above having total income exceeding one
crore rupees, the total amount payable as income-tax and surcharge on such
income shall not exceed the total amount payable as income-tax on a total
income of one crore rupees by more than the amount of income that exceeds one
crore rupees.
Paragraph D
In the case
of every local authority,--
Rate of income-tax
On the
whole of the total income |
30 per
cent. |
Surcharge on income-tax
The amount
of income-tax computed in accordance with the preceding provisions of this
Paragraph, or the provisions of section 111A or section
112 of the Income-tax Act, shall, in the case of every local authority,
having a total income exceeding one crore rupees, be increased by a surcharge
for the purposes of the Union calculated at the rate of twelve per cent. of
such income-tax:
Provided
that in the case of local authority mentioned above having total income
exceeding one crore rupees, the total amount payable as income-tax and
surcharge on such income shall not exceed the total amount payable as
income-tax on a total income of one crore rupees by more than the amount of
income that exceeds one crore rupees.
Paragraph E
In the case
of a company,--
Rates of income-tax
I. In the
case of a domestic company |
30 per
cent. of the total income. |
II. In the case of a company other than a domestic company,--
(i)
on so much
of the total income as consists of,--
(a)
royalties
received from Government or an Indian concern in pursuance of an agreement made
by it with the Government or the Indian concern after the 31st day of March,
1961 but before the 1st day of April, 1976; or
(b) fees
for rendering technical services received from Government or an Indian
concern in pursuance of an agreement made by it with the Government or the
Indian concern after the 29th day of February, 1964 but before the 1st day of
April, 1976, and where
such agreement has, in either case, been approved by the Central Government |
50 per
cent.; |
(ii) on
the balance, if any, of the total income |
40 per
cent. |
Surcharge on income-tax
The amount
of income-tax computed in accordance with the preceding provisions of this
Paragraph, or the provisions of section 111A or section
112 of the Income-tax Act, shall, be increased by a surcharge for the
purposes of the Union calculated,--
(i)
in the case
of every domestic company,--
(a)
having a
total income exceeding one crore rupees, but not exceeding ten crore rupees, at
the rate of seven per cent. of such income-tax; and
(b)
having a
total income exceeding ten crore rupees, at the rate of twelve per cent. of
such income-tax;
(ii)
in the case
of every company other than a domestic company,--
(a)
having a
total income exceeding one crore rupees but not exceeding ten crore rupees, at
the rate of two per cent. of such income-tax; and
(b)
having a
total income exceeding ten crore rupees, at the rate of five per cent. of such
income-tax:
Provided
that in the case of every company having a total income exceeding one crore
rupees but not exceeding ten crore rupees, the total amount payable as
income-tax and surcharge on such income shall not exceed the total amount
payable as income-tax on a total income of one crore rupees by more than the
amount of income that exceeds one crore rupees:
Provided
further that in the case of every company having a total income exceeding ten
crore rupees, the total amount payable as income-tax and surcharge on such
income shall not exceed the total amount payable as income-tax and surcharge on
a total income of ten crore rupees by more than the amount of income that
exceeds ten crore rupees.
PART II
RATES FOR DEDUCTION OF TAX AT SOURCE IN CERTAIN CASES
In every
case in which under the provisions of sections
193, 194, 194A, 194B, 194BB, 194D, 194LBA, 194LBB, 194LBC and 195 of
the Income-tax Act, tax is to be deducted at the rates in force, deduction
shall be made from the income subject to the deduction at the following
rates:--
|
Rate of
income-tax |
1. In the
case of a person other than a company-- |
|
(a) where
the person is resident in India-- |
|
(i) on
income by way of interest other than "Interest on securities" |
10 per
cent.; |
(ii) on
income by way of winnings from lotteries, crossword puzzles, card games and
other games of any sort |
30 per
cent.; |
(iii) on
income by way of winnings from horse races |
30 per
cent.; |
(iv) on
income by way of insurance commission |
5 per
cent.; |
(v) on
income by way of interest payable on-- |
10 per
cent.; |
(A) any
debentures or securities for money issued by or on behalf of any local
authority or a corporation established by a Central, State or Provincial Act; |
|
(B) any
debentures issued by a company where such debentures are listed on a
recognised stock exchange in India in accordance with the Securities
Contracts (Regulation) Act, 1956 (42 of 1956) and any rules made thereunder; (C) any
security of the Central or State Government; |
|
(vi) on
any other income |
10 per
cent.; |
(b) where
the person is not resident in India-- |
|
(i) in the
case of a non-resident Indian-- |
|
(A) on any
investment income |
20 per
cent.; |
(B) on
income by way of long-term capital gains referred to in section
115E or sub-clause (iii) of clause (c) of sub-section (1)
of section 112 |
10 per
cent.; |
(C) on
income by way of short-term capital gains referred to in section 111A |
15 per
cent.; |
(D) on
other income by way of long-term capital gains [not being long-term capital
gains referred to in clauses (33), (36) and (38) of section 10] |
20 per
cent.; |
(E) on
income by way of interest payable by Government or an Indian concern on
moneys borrowed or debt incurred by Government or the Indian concern in
foreign currency (not being income by way of interest referred to
in section 194LB or section 194LC) |
20 per
cent.; |
(F) on
income by way of royalty payable by Government or an Indian concern in
pursuance of an agreement made by it with the Government or the Indian
concern where such royalty is in consideration for the transfer of all or any
rights (including the granting of a licence) in respect of copyright in any book
on a subject referred to in the first proviso to sub-section (1A)
of section 115A of the Income-tax Act, to the Indian concern, or in
respect of any computer software referred to in the second proviso to
sub-section (1A) of section 115A of the Income-tax Act, to a person
resident in India |
10 per
cent.; |
(G) on
income by way of royalty [not being royalty of the nature referred to in
sub-item (b)(i)(F)] payable by Government or an Indian concern in pursuance
of an agreement made by it with the Government or the Indian concern and
where such agreement is with an Indian concern, the agreement is approved by
the Central Government or where it relates to a matter included in the
industrial policy, for the time being in force, of the Government of India,
the agreement is in accordance with that policy |
10 per
cent.; |
(H) on
income by way of fees for technical services payable by Government or an
Indian concern in pursuance of an agreement made by it with the Government or
the Indian concern and where such agreement is with an Indian concern, the
agreement is approved by the Central Government or where it relates to a
matter included in the industrial policy, for the time being in force, of the
Government of India, the agreement is in accordance with that policy |
10 per
cent.; |
(I) on
income by way of winnings from lotteries, crossword puzzles, card games and
other games of any sort |
30 per
cent.; |
(J) on
income by way of winnings from horse races |
30 per
cent.; |
(K) on the
whole of the other income |
30 per cent.; |
(ii) in
the case of any other person-- |
|
(A) on
income by way of interest payable by Government or an Indian concern on
moneys borrowed or debt incurred by Government or the Indian concern in
foreign currency (not being income by way of interest referred to
in section 194LB or section 194LC) |
20 per
cent.; |
(B) on
income by way of royalty payable by Government or an Indian concern in
pursuance of an agreement made by it with the Government or the Indian
concern where such royalty is in consideration for the transfer of all or any
rights (including the granting of a licence) in respect of copyright in any
book on a subject referred to in the first proviso to sub-section (1A)
of section 115A of the Income-tax Act, to the Indian concern, or in
respect of any computer software referred to in the second proviso to
sub-section (1A) of section 115A of the Income-tax Act, to a person
resident in India |
10 per
cent.; |
(C) on
income by way of royalty [not being royalty of the nature referred to in
sub-item (b)(ii)(B)] payable by Government or an Indian concern in pursuance
of an agreement made by it with the Government or the Indian concern and
where such agreement is with an Indian concern, the agreement is approved by
the Central Government or where it relates to a matter included in the
industrial policy, for the time being in force, of the Government of India,
the agreement is in accordance with that policy |
10 per
cent.; |
(D) on
income by way of fees for technical services payable by Government or an
Indian concern in pursuance of an agreement made by it with the Government or
the Indian concern and where such agreement is with an Indian concern, the
agreement is approved by the Central Government or where it relates to a
matter included in the industrial policy, for the time being in force, of the
Government of India, the agreement is in accordance with that policy |
10 per
cent.; |
(E) on
income by way of winnings from lotteries, crossword puzzles, card games and
other games of any sort |
30 per
cent.; |
(F) on income
by way of winnings from horse races |
30 per
cent.; |
(G) on
income by way of short-term capital gains referred to in section 111A |
15 per
cent.; |
(H) on
income by way of long-term capital gains referred to in sub-clause (iii) of
clause (c) of sub-section (1) of section 112 |
10 per
cent.; |
(I) on
income by way of other long-term capital gains [not being long-term capital
gains referred to in clauses (33), (36) and (38) of section 10] |
20 per
cent.; |
(J) on the
whole of the other income |
30 per
cent. |
2. In the
case of a company-- |
|
(a) where
the company is a domestic company-- |
|
(i) on
income by way of interest other than "Interest on securities" |
10 per
cent.; |
(ii) on
income by way of winnings from lotteries, crossword puzzles, card games and
other games of any sort |
30 per
cent.; |
(iii) on
income by way of winnings from horse races |
30 per
cent.; |
(iv) on
any other income |
10 per
cent.; |
(b) where
the company is not a domestic company-- |
|
(i) on
income by way of winnings from lotteries, crossword puzzles, card games and
other games of any sort |
30 per
cent.; |
(ii) on
income by way of winnings from horse races |
30 per
cent.; |
(iii) on
income by way of interest payable by Government or an Indian concern on
moneys borrowed or debt incurred by Government or the Indian concern in
foreign currency (not being income by way of interest referred to
in section 194LB or section 194LC) |
20 per
cent.; |
(iv) on
income by way of royalty payable by Government or an Indian concern in
pursuance of an agreement made by it with the Government or the Indian
concern after the 31st day of March, 1976 where such royalty is in
consideration for the transfer of all or any rights (including the granting
of a licence) in respect of copyright in any book on a subject referred to in
the first proviso to sub-section (1A) of section 115A of the
Income-tax Act, to the Indian concern, or in respect of any computer software
referred to in the second proviso to sub-section (1A) of section
115A of the Income-tax Act, to a person resident in India |
10 per
cent.; |
(v) on
income by way of royalty [not being royalty of the nature referred to in
sub-item (b)(iv)] payable by Government or an Indian concern in pursuance of
an agreement made by it with the Government or the Indian concern and where
such agreement is with an Indian concern, the agreement is approved by the
Central Government or where it relates to a matter included in the industrial
policy, for the time being in force, of the Government of India, the
agreement is in accordance with that policy-- |
|
(A) where
the agreement is made after the 31st day of March, 1961 but before the 1st
day of April, 1976 |
50 per
cent.; |
(B) where
the agreement is made after the 31st day of March, 1976 |
10 per
cent.; |
(vi) on
income by way of fees for technical services payable by Government or an
Indian concern in pursuance of an agreement made by it with the Government or
the Indian concern and where such agreement is with an Indian concern, the
agreement is approved by the Central Government or where it relates to a
matter included in the industrial policy, for the time being in force, of the
Government of India, the agreement is in accordance with that policy-- |
|
(A) where
the agreement is made after the 29th day of February, 1964 but before the 1st
day of April, 1976 |
50 per
cent.; |
(B) where
the agreement is made after the 31st day of March, 1976 |
10 per
cent.; |
(vii) on
income by way of short-term capital gains referred to in section 111A |
15 per
cent.; |
(viii) on
income by way of long-term capital gains referred to in sub-clause (iii) of
clause (c) of sub-section (1) of section 112 |
10 per
cent.; |
(ix) on
income by way of other long-term capital gains [not being long-term capital
gains referred to in clauses (33), (36) and (38) of section 10] |
20 per
cent.; |
(x) on any
other income |
40 per
cent. |
Explanation.--For
the purpose of item 1(b)(i) of this Part, "investment income" and
"non-resident Indian" shall have the meanings assigned to them in
Chapter XII-A of the Income-tax Act.
Surcharge on income-tax
The amount
of income-tax deducted in accordance with the provisions of--
(i)
item 1 of
this Part, shall be increased by a surcharge, for purposes of the Union,--
(a)
in the case
of every individual or Hindu undivided family or association of persons or body
of individuals, whether incorporated or not, or every artificial juridical
person referred to in sub-clause (vii) of clause (31) of section 2 of
the Income-tax Act, being a non-resident, calculated at the rate of fifteen per
cent. of such tax; and
(b)
in the case
of every co-operative society or firm, being a non-resident, calculated at the
rate of twelve per cent.,where the income or the aggregate of such incomes paid
or likely to be paid and subject to the deduction exceeds one crore rupees;
(ii)
item 2 of
this Part shall be increased by a surcharge, for purposes of the Union, in the
case of every company other than a domestic company, calculated,--
(a)
at the rate
of two per cent. of such income-tax where the income or the aggregate of such
incomes paid or likely to be paid and subject to the deduction exceeds one
crore rupees but does not exceed ten crore rupees; and
(b)
at the rate
of five per cent. of such income-tax where the income or the aggregate of such
incomes paid or likely to be paid and subject to the deduction exceeds ten crore
rupees.
PART III
RATES FOR CHARGING INCOME-TAX IN CERTAIN CASES, DEDUCTING INCOME-TAX
FROM INCOME CHARGEABLE UNDER THE HEAD "SALARIES" AND COMPUTING
"ADVANCE TAX"
In cases in
which income-tax has to be charged under sub-section (4) of section
172 of the Income-tax Act or sub-section (2) of section
174 or section 174A or section 175 or sub-section (2)
of section 176 of the said Act or deducted from, or paid on, from income
chargeable under the head "Salaries" under section 192 of
the said Act or in which the "advance tax" payable under Chapter
XVII-C of the said Act has to be computed at the rate or rates in force, such
income-tax or, as the case may be, "advance tax" [not being
"advance tax" in respect of any income chargeable to tax under
Chapter XII or Chapter XII-A or income chargeable to tax under section
115JB or section 115JC or Chapter XII-FA or Chapter XII-FB or
sub-section (1A) of section 161 or section 164 or section
164A or section 167B of the Income-tax Act at the rates as
specified in that Chapter or section or surcharge, wherever applicable, on such
"advance tax" in respect of any income chargeable to tax
under section 115A or section 115AB or section 115AC or section
115ACA or section 115AD or section
115B or section 115BA or section 115BB or section
115BBA or section 115BBC or section
115BBD or section 115BBDA or section
115BBE or section 115BBF or section
115E or section 115JB or section 115JC] shall be charged,
deducted or computed at the following rate or rates:--
Paragraph A
(I)
In the case
of every individual other than the individual referred to in items (II) and
(III) of this Paragraph or Hindu undivided family or association of persons or
body of individuals, whether incorporated or not, or every artificial juridical
person referred to in sub-clause (vii) of clause (31) of section 2 of
the Income-tax Act, not being a case to which any other Paragraph of this Part
applies,--
Rates of income-tax
(1) |
where the
total income does not exceed Rs. 2,50,000 |
Nil; |
(2) |
where the
total income exceeds Rs. 2,50,000 but does not exceed Rs. 5,00,000 |
10 per
cent. of the amount by which the total income exceeds Rs. 2,50,000; |
(3) |
where the
total income exceeds Rs. 5,00,000 but does not exceed Rs. 10,00,000 |
Rs. 25,000
plus 20 per cent. of the amount by which the total income exceeds Rs.
5,00,000; |
(4) |
where the
total income exceeds Rs. 10,00,000 |
Rs.
1,25,000 plus 30 per cent. of the amount by which the total income exceeds
Rs. 10,00,000. |
(II)
In the case
of every individual, being a resident in India, who is of the age of sixty
years or more but less than eighty years at any time during the previous
year,--
Rates of income-tax
(1) |
where the
total income does not exceed Rs. 3,00,000 |
Nil; |
(2) |
where the
total income exceeds Rs. 3,00,000 but does not exceed Rs. 5,00,000 |
10 per
cent. of the amount by which the total income exceeds Rs. 3,00,000; |
(3) |
where the
total income exceeds Rs. 5,00,000 but does not exceed Rs. 10,00,000 |
Rs. 20,000
plus 20 per cent. of the amount by which the total income exceeds Rs.
5,00,000; |
(4) |
where the
total income exceeds Rs. 10,00,000 |
Rs.
1,20,000 plus 30 per cent. of the amount by which the total income exceeds
Rs. 10,00,000. |
(III)
In the case
of every individual, being a resident in India, who is of the age of eighty
years or more at any time during the previous year,--
Rates of income-tax
(1) |
where the
total income does not exceed Rs. 5,00,000 |
Nil; |
(2) |
where the
total income exceeds Rs. 5,00,000 but does not exceed Rs. 10,00,000 |
20 per
cent. of the amount by which the total income exceeds Rs. 5,00,000; |
(3) |
where the
total income exceeds Rs. 10,00,000 |
Rs.
1,00,000 plus 30 per cent. of the amount by which the total income exceeds
Rs. 10,00,000. |
Surcharge on income-tax
The amount
of income-tax computed in accordance with the preceding provisions of this
Paragraph, or the provisions of section 111A or section
112 of the Income-tax Act, shall, in the case of every individual or Hindu
undivided family or association of persons or body of individuals, whether
incorporated or not, or every artificial juridical person referred to in
sub-clause (vii) of clause (31) of section 2 of the Income-tax Act, having
a total income exceeding one crore rupees, be increased by a surcharge for the
purposes of the Union calculated at the rate of fifteen per cent. of such
income-tax:
Provided
that in the case of persons mentioned above having total income exceeding one
crore rupees, the total amount payable as income-tax and surcharge on such
income shall not exceed the total amount payable as income-tax on a total
income of one crore rupees by more than the amount of income that exceeds one
crore rupees.
Paragraph B
In the case
of every co-operative society,--
Rates of income-tax
(1) |
where the
total income does not exceed Rs. 10,000 |
10 per
cent. of the total income; |
(2) |
where the
total income exceeds Rs. 10,000 but does not exceed Rs. 20,000 |
Rs. 1,000
plus 20 per cent. of the amount by which the total income exceeds Rs. 10,000; |
(3) |
where the
total income exceeds Rs. 20,000 |
Rs. 3,000
plus 30 per cent. of the amount by which the total income exceeds Rs. 20,000. |
Surcharge on income-tax
The amount
of income-tax computed in accordance with the preceding provisions of this
Paragraph, or the provisions of section 111A or section
112 of the Income-tax Act, shall, in the case of every co-operative
society, having a total income exceeding one crore rupees, be increased by a
surcharge for the purposes of the Union calculated at the rate of twelve per
cent. of such income-tax:
Provided
that in the case of every co-operative society mentioned above having total
income exceeding one crore rupees, the total amount payable as income-tax and
surcharge on such income shall not exceed the total amount payable as
income-tax on a total income of one crore rupees by more than the amount of
income that exceeds one crore rupees.
Paragraph C
In the case
of every firm,--
Rate of income-tax
On the whole
of the total income |
30 per
cent. |
Surcharge on income-tax
The amount
of income-tax computed in accordance with the preceding provisions of this
Paragraph, or the provisions of section 111A or section
112 of the Income-tax Act, shall, in the case of every firm, having a
total income exceeding one crore rupees, be increased by a surcharge for the
purposes of the Union calculated at the rate of twelve per cent. of such
income-tax:
Provided
that in the case of every firm mentioned above having total income exceeding
one crore rupees, the total amount payable as income-tax and surcharge on such
income shall not exceed the total amount payable as income-tax on a total
income of one crore rupees by more than the amount of income that exceeds one
crore rupees.
Paragraph D
In the case
of every local authority,--
Rate of income-tax
On the
whole of the total income |
30 per
cent. |
Surcharge on income-tax
The amount
of income-tax computed in accordance with the preceding provisions of this
Paragraph, or the provisions of section 111A or section
112 of the Income-tax Act, shall, in the case of every local authority,
having a total income exceeding one crore rupees, be increased by a surcharge
for the purposes of the Union calculated at the rate of twelve per cent. of
such income-tax:
Provided
that in the case of every local authority mentioned above having total income
exceeding one crore rupees, the total amount payable as income-tax and
surcharge on such income shall not exceed the total amount payable as income-tax
on a total income of one crore rupees by more than the amount of income that
exceeds one crore rupees.
Paragraph E
In the case
of a company,--
Rates of income-tax
I.
In the case
of a domestic company,--
(i) where
its total turnover or the gross receipt in the previous year 2014-15 does not
exceed five crore rupees; |
29 per
cent. of the total income; |
(ii) other
than that referred to in item (i) |
30 per
cent. of the total income; |
II.
In the case
of a company other than a domestic company--
(i)
on so much
of the total income as consists of,--
(a)
royalties
received from Government or an Indian concern in pursuance of an agreement made
by it with the Government or the Indian concern after the 31st day of March,
1961 but before the 1st day of April, 1976; or
(b) fees
for rendering technical services received from Government or an Indian
concern in pursuance of an agreement made by it with the Government or the
Indian concern after the 29th day of February, 1964 but before the 1st day of
April, 1976, and where such
agreement has, in either case, been approved by the Central Government |
50 per
cent.; |
(ii) on
the balance, if any, of the total income |
40 per
cent. |
Surcharge on income-tax
The amount
of income-tax computed in accordance with the preceding provisions of this
Paragraph, or the provisions of section 111A or section
112 of the Income-tax Act, shall, be increased by a surcharge for the
purposes of the Union calculated,--
(i)
in the case
of every domestic company,--
(a)
having a
total income exceeding one crore rupees but not exceeding ten crore rupees, at
the rate of seven per cent. of such income-tax; and
(b)
having a
total income exceeding ten crore rupees, at the rate of twelve per cent. of
such income-tax;
(ii)
in the case
of every company other than a domestic company,--
(a)
having a
total income exceeding one crore rupees but not exceeding ten crore rupees, at
the rate of two per cent. of such income-tax; and
(b)
having a
total income exceeding ten crore rupees, at the rate of five per cent. of such
income-tax:
Provided
that in the case of every company having a total income exceeding one crore
rupees but not exceeding ten crore rupees, the total amount payable as
income-tax and surcharge on such income shall not exceed the total amount
payable as income-tax on a total income of one crore rupees by more than the
amount of income that exceeds one crore rupees:
Provided
further that in the case of every company having a total income exceeding ten
crore rupees, the total amount payable as income-tax and surcharge on such income
shall not exceed the total amount payable as income-tax and surcharge on a
total income of ten crore rupees by more than the amount of income that exceeds
ten crore rupees.
PART IV
[See section 2(13)(c)]
RULES FOR COMPUTATION OF NET AGRICULTURAL INCOME
Rule 1.--Agricultural income of the nature
referred to in sub-clause (a) of clause (1A) of section 2 of the
Income-tax Act shall be computed as if it were income chargeable to income-tax
under that Act under the head "Income from other sources" and the provisions
of sections 57 to 59 of that Act shall, so far as may be, apply accordingly:
Provided
that sub-section (2) of section 58 shall apply subject to the
modification that the reference to section 40A therein shall be
construed as not including a reference to sub-sections (3) and (4)
of section 40A.
Rule 2.--Agricultural income of the nature
referred to in sub-clause (b) or sub-clause (c) of clause (1A) of section
2 of the Income-tax Act [other than income derived from any building
required as a dwelling-house by the receiver of the rent or revenue of the
cultivator or the receiver of rent-in-kind referred to in the said sub-clause
(c)] shall be computed as if it were income chargeable to income-tax under that
Act under the head "Profits and gains of business or profession" and
the provisions of sections
30, 31, 32, 36, 37, 38, 40, 40A [other
than sub-sections (3) and (4)
thereof], 41, 43, 43A, 43B and 43C of the
Income-tax Act shall, so far as may be, apply accordingly.
Rule 3.--Agricultural income of the nature
referred to in sub-clause (c) of clause (1A) of section 2 of the
Income-tax Act, being income derived from any building required as a
dwelling-house by the receiver of the rent or revenue or the cultivator or the
receiver of rent-in-kind referred to in the said sub-clause (c) shall be
computed as if it were income chargeable to income-tax under that Act under the
head "Income from house property" and the provisions of sections 23
to 27 of that Act shall, so far as may be, apply accordingly.
Rule 4.--Notwithstanding anything
contained in any other provisions of these rules, in a case--
(a)
where the
assessee derives income from sale of tea grown and manufactured by him in
India, such income shall be computed in accordance with rule 8 of the
Income-tax Rules, 1962, and sixty per cent. of such income shall be regarded as
the agricultural income of the assessee;
(b)
where the
assessee derives income from sale of centrifuged latex or cenex or latex based
crepes (such as pale latex crepe) or brown crepes (such as estate brown crepe,
re-milled crepe, smoked blanket crepe or flat bark crepe) or technically
specified block rubbers manufactured or processed by him from rubber plants
grown by him in India, such income shall be computed in accordance with rule 7A
of the Income-tax Rules, 1962, and sixty-five per cent. of such income shall be
regarded as the agricultural income of the assessee;
(c)
where the
assessee derives income from sale of coffee grown and manufactured by him in
India, such income shall be computed in accordance with rule 7B of the
Income-tax Rules, 1962, and sixty per cent. or seventy-five per cent., as the
case may be, of such income shall be regarded as the agricultural income of the
assessee.
Rule 5.--Where the assessee is a member of
an association of persons or a body of individuals (other than a Hindu
undivided family, a company or a firm) which in the previous year has either no
income chargeable to tax under the Income-tax Act or has total income not
exceeding the maximum amount not chargeable to tax in the case of an
association of persons or a body of individuals (other than a Hindu undivided
family, a company or a firm) but has any agricultural income then, the
agricultural income or loss of the association or body shall be computed in
accordance with these rules and the share of the assessee in the agricultural
income or loss so computed shall be regarded as the agricultural income or loss
of the assessee.
Rule 6.--Where the result of the
computation for the previous year in respect of any source of agricultural
income is a loss, such loss shall be set off against the income of the
assessee, if any, for that previous year from any other source of agricultural
income:
Provided
that where the assessee is a member of an association of persons or a body of
individuals and the share of the assessee in the agricultural income of the
association or body, as the case may be, is a loss, such loss shall not be set
off against any income of the assessee from any other source of agricultural
income.
Rule 7.--Any sum payable by the assessee
on account of any tax levied by the State Government on the agricultural income
shall be deducted in computing the agricultural income.
Rule 8.--
(1)
Where the
assessee has, in the previous year relevant to the assessment year commencing
on the 1st day of April, 2016, any agricultural income and the net result of
the computation of the agricultural income of the assessee for any one or more
of the previous years relevant to the assessment years commencing on the 1st
day of April, 2008 or the 1st day of April, 2009 or the 1st day of April, 2010
or the 1st day of April, 2011 or the 1st day of April, 2012 or the 1st day of
April, 2013 or the 1st day of April, 2014 or the 1st day of April, 2015, is a
loss, then, for the purposes of sub-section (2) of section 2 of this
Act,--
(i)
the loss so
computed for the previous year relevant to the assessment year commencing on
the 1st day of April, 2008, to the extent, if any, such loss has not been set
off against the agricultural income for the previous year relevant to the
assessment year commencing on the 1st day of April, 2009 or the 1st day of
April, 2010 or the 1st day of April, 2011 or the 1st day of April, 2012 or the
1st day of April, 2013 or the 1st day of April, 2014 or the 1st day of April,
2015,
(ii)
the loss so
computed for the previous year relevant to the assessment year commencing on
the 1st day of April, 2009, to the extent, if any, such loss has not been set
off against the agricultural income for the previous year relevant to the assessment
year commencing on the 1st day of April, 2010 or the 1st day of April, 2011 or
the 1st day of April, 2012 or the 1st day of April, 2013 or the 1st day of
April, 2014 or the 1st day of April, 2015,
(iii)
the loss so
computed for the previous year relevant to the assessment year commencing on
the 1st day of April, 2010, to the extent, if any, such loss has not been set
off against the agricultural income for the previous year relevant to the
assessment year commencing on the 1st day of April, 2011 or the 1st day of
April, 2012 or the 1st day of April, 2013 or the 1st day of April, 2014 or the
1st day of April, 2015,
(iv)
the loss so
computed for the previous year relevant to the assessment year commencing on
the 1st day of April, 2011, to the extent, if any, such loss has not been set
off against the agricultural income for the previous year relevant to the
assessment year commencing on the 1st day of April, 2012 or the 1st day of
April, 2013 or the 1st day of April, 2014 or the 1st day of April, 2015,
(v)
the loss so
computed for the previous year relevant to the assessment year commencing on
the 1st day of April, 2012, to the extent, if any, such loss has not been set
off against the agricultural income for the previous year relevant to the
assessment year commencing on the 1st day of April, 2013 or the 1st day of
April, 2014 or the 1st day of April, 2015,
(vi)
the loss so
computed for the previous year relevant to the assessment year commencing on
the 1st day of April, 2013, to the extent, if any, such loss has not been set
off against the agricultural income for the previous year relevant to the
assessment year commencing on the 1st day of April, 2014 or the 1st day of
April, 2015,
(vii)
the loss so
computed for the previous year relevant to the assessment year commencing on
the 1st day of April, 2014, to the extent, if any, such loss has not been set
off against the agricultural income for the previous year relevant to the
assessment year commencing on the 1st day of April, 2015,
(viii)
the loss so
computed for the previous year relevant to the assessment year commencing on
the 1st day of April, 2015, shall be set off against the agricultural income of
the assessee for the previous year relevant to the assessment year commencing
on the 1st day of April, 2016.
(2)
Where the assessee
has, in the previous year relevant to the assessment year commencing on the 1st
day of April, 2017, or, if by virtue of any provision of the Income-tax Act,
income-tax is to be charged in respect of the income of a period other than the
previous year, in such other period, any agricultural income and the net result
of the computation of the agricultural income of the assessee for any one or
more of the previous years relevant to the assessment years commencing on the
1st day of April, 2009 or the 1st day of April, 2010 or the 1st day of April,
2011 or the 1st day of April, 2012 or the 1st day of April, 2013 or the 1st day
of April, 2014 or the 1st day of April, 2015 or the 1st day of April, 2016, is
a loss, then, for the purposes of sub-section (10) of section 2 of
this Act,--
(i)
the loss so
computed for the previous year relevant to the assessment year commencing on
the 1st day of April, 2009, to the extent, if any, such loss has not been set
off against the agricultural income for the previous year relevant to the
assessment year commencing on the 1st day of April, 2010 or the 1st day of
April, 2011 or the 1st day of April, 2012 or the 1st day of April, 2013 or the
1st day of April, 2014 or the 1st day of April, 2015 or the 1st day of April,
2016,
(ii)
the loss so
computed for the previous year relevant to the assessment year commencing on
the 1st day of April, 2010, to the extent, if any, such loss has not been set
off against the agricultural income for the previous year relevant to the
assessment year commencing on the 1st day of April, 2011 or the 1st day of
April, 2012 or the 1st day of April, 2013 or the 1st day of April, 2014 or the
1st day of April, 2015 or the 1st day of April, 2016,
(iii)
the loss so
computed for the previous year relevant to the assessment year commencing on
the 1st day of April, 2011, to the extent, if any, such loss has not been set
off against the agricultural income for the previous year relevant to the
assessment year commencing on the 1st day of April, 2012 or the 1st day of April,
2013 or the 1st day of April, 2014 or the 1st day of April, 2015 or the 1st day
of April, 2016,
(iv)
the loss so
computed for the previous year relevant to the assessment year commencing on
the 1st day of April, 2012, to the extent, if any, such loss has not been set
off against the agricultural income for the previous year relevant to the
assessment year commencing on the 1st day of April, 2013 or the 1st day of
April, 2014 or the 1st day of April, 2015 or the 1st day of April, 2016,
(v)
the loss so
computed for the previous year relevant to the assessment year commencing on
the 1st day of April, 2013, to the extent, if any, such loss has not been set
off against the agricultural income for the previous year relevant to the
assessment year commencing on the 1st day of April, 2014 or the 1st day of
April, 2015 or the 1st day of April, 2016,
(vi)
the loss so
computed for the previous year relevant to the assessment year commencing on
the 1st day of April, 2014, to the extent, if any, such loss has not been set
off against the agricultural income for the previous year relevant to the
assessment year commencing on the 1st day of April, 2015 or the 1st day of
April, 2016,
(vii)
the loss so
computed for the previous year relevant to the assessment year commencing on
the 1st day of April, 2015, to the extent, if any, such loss has not been set
off against the agricultural income for the previous year relevant to the
assessment year commencing on the 1st day of April, 2016,
(viii)
the loss so
computed for the previous year relevant to the assessment year commencing on
the 1st day of April, 2016, shall be set off against the agricultural income of
the assessee for the previous year relevant to the assessment year commencing
on the 1st day of April, 2017.
(3)
Where any
person deriving any agricultural income from any source has been succeeded in
such capacity by another person, otherwise than by inheritance, nothing in
sub-rule (1) or sub-rule (2) shall entitle any person, other than the person
incurring the loss, to have it set off under sub-rule (1) or, as the case may
be, sub-rule (2).
(4)
Notwithstanding
anything contained in this rule, no loss which has not been determined by the
Assessing Officer under the provisions of these rules or the rules contained in
the First Schedule to the Finance Act, 2008 (18 of 2008) or of the First
Schedule to the Finance (No. 2) Act, 2009 (33 of 2009) or of the First Schedule
to the Finance Act, 2010 (14 of 2010) or of the First Schedule to the Finance
Act, 2011 (8 of 2011) or of the First Schedule to the Finance Act, 2012 (23 of
2012) or of the First Schedule to the Finance Act, 2013 (17 of 2013) or of the
First Schedule to the Finance (No. 2) Act, 2014 (25 of 2014) or of the First
Schedule to the Finance Act, 2015 (20 of 2015) shall be set off under sub-rule
(1) or, as the case may be, sub-rule (2).
Rule 9.--Where the net result of the
computation made in accordance with these rules is a loss, the loss so computed
shall be ignored and the net agricultural income shall be deemed to be nil.
Rule 10.--The provisions of the Income-tax
Act relating to procedure for assessment (including the provisions
of section 288A relating to rounding off of income) shall, with the
necessary modifications, apply in relation to the computation of the net
agricultural income of the assessee as they apply in relation to the assessment
of the total income.
Rule 11.--For the purposes of computing the
net agricultural income of the assessee, the Assessing Officer shall have the
same powers as he has under the Income-tax Act for the purposes of assessment
of the total income.
Schedule II
THE SECOND SCHEDULE
(See section 139)
Sl. No. |
Notification
number and date |
Amendment |
Date of
effect of amendment |
(1) |
(2) |
(3) |
(4) |
1. |
G.S.R. 367
(E), dated the 27th April, 2000 [51/2000-Customs, dated the 27th April,
2000] |
In the
said notification, in the opening paragraph, for the words, figures and
letter "under sections 3, 8 and 9A", the words, figures and letters
"under sections 3, 8B and 9A" shall be substituted. |
27th
April, 2000. |
2. |
G.S.R. 292(E),
dated the 19th April, 2002 [43/2002-Customs, dated the 19th April,
2002] |
In the
said notification, in the opening paragraph, for the words, figures and
letter "under sections 3, 8 and 9A", the words, figures and letters
"under sections 3, 8B and 9A" shall be substituted. |
19th
April, 2002. |
3. |
G.S.R. 281
(E), dated the 1st April, 2003 [57/2003-Customs, dated the
1st April, 2003] |
In the
said notification, in the Table, in column (3), against S. No. 4, for the
words, figures and letter "under sections 3, 8 and 9A", the words,
figures and letters "under sections 3, 8B and 9A" shall be
substituted. |
1st April,
2003. |
4. |
G.S.R. 604
(E), dated the 10th September, 2004 [91/2004-Customs, dated the 10th
September, 2004] |
In the
said notification, in paragraph 2, for the words, figures and letter
"under sections 3, 8 and 9A", the words, figures and letters
"under sections 3, 8B and 9A" shall be substituted. |
10th
September, 2004. |
5. |
G.S.R.
606(E), dated the 10th September, 2004 [93/2004-Customs, dated the 10th September,
2004] |
In the
said notification, in the opening paragraph, for the words, figures and
letter "under sections 3, 8 and 9A", the words, figures and letters
"under sections 3, 8B and 9A" shall be substituted. |
10th
September, 2004. |
6. |
G.S.R. 260
(E), dated the 1st May, 2006 [40/2006-Customs, dated the 1st
May, 2006] |
In the
said notification, in the opening paragraph, for the words, figures and
letter "under sections 3, 8 and 9A", the words, figures and letters
"under sections 3, 8B and 9A" shall be substituted. |
1st May,
2006. |
Schedule III
THE THIRD SCHEDULE
[See section 141(i)]
In the First
Schedule to the Customs Tariff Act,--
(1)
in Chapter
27, in the Supplementary Note,--
(a)
in clause
(e), for the figures "1460:2000", the figures "1460:2005"
shall be substituted;
(b)
in clause
(f), for the figures "1460", the figures "15770:2008" shall
be substituted;
(2)
in Chapter
40,--
(a)
for the
entry in column (4) occurring against tariff item 4016 95 90, the entry
"20%" shall be substituted;
(b)
for the
entry in column (4) occurring against tariff item 4016 99 90, the entry
"20%" shall be substituted;
(3)
in Chapter
58, in heading 5801,--
(a)
in
sub-heading 5801 37, the entry in column (2) "--- Warp pile fabrics,
'epingle' (uncut):" shall be omitted;
(b)
for tariff
items 5801 37 11 and 5801 37 19 and the entries relating thereto, the following
shall be substituted, namely:--
(1) |
(2) |
(3) |
(4) |
(5) |
"5801
37 10 |
--- Warp
pile fabrics, uncut |
m? |
10% or Rs.
140 per sq. metre whichever is higher |
-"; |
(4)
in Chapter
71,--
(a)
in heading
7104, for the tariff item 7104 90 00 and the entries relating thereto, the
following shall be substituted, namely:--
(1) |
(2) |
(3) |
(4) |
(5) |
"7104
90 7104 90 10 7104 90 90 |
- Other: ---
Laboratory-created or laboratory grown or manmade or cultured or synthetic
diamonds --- Other |
c/k kg. |
10% 10% |
-"; |
(b)
for the
entry in column (4) occurring against all the tariff items of heading 7117, the
entry "15%" shall be substituted;
(5)
in Chapter
76, for the entry in column (4) occurring against all tariff items of headings
7601, 7603, 7604, 7605, 7606 and 7607, the entry "7.5%" shall be
substituted;
(6)
in Chapter
79, for the entry in column (4) occurring against all tariff items of sub-heading
7901 20, the entry "7.5%" shall be substituted;
(7)
in Chapter
84,--
(i)
for the
entry in column (4) occurring against all tariff items of heading 8402, the
entry "10%" shall be substituted;
(ii)
for the
entry in column (4) occurring against all tariff items of heading 8404, the
entry "10%" shall be substituted;
(iii)
for the
entry in column (4) occurring against all tariff items (except tariff item 8406
10 00) of heading 8406, the entry "10%" shall be substituted;
(iv)
for the
entry in column (4) occurring against all tariff items of heading 8410, the
entry "10%" shall be substituted;
(v)
for the
entry in column (4) occurring against all tariff items (except tariff items
8411 11 00, 8411 12 00, 8411 21 00, 8411 22 00 and 8411 91 00) of heading 8411,
the entry "10%" shall be substituted;
(vi)
for the
entry in column (4) occurring against tariff items 8412 80 19, 8412 80 20, 8412
80 30 and 8412 80 90 of heading 8412, the entry "10%" shall be
substituted;
(vii)
for the
entry in column (4) occurring against tariff item 8419 19 20, the entry
"10%" shall be substituted;
(8)
In Chapter
85,--
(i)
for the
entry in column (4) occurring against all tariff items of heading 8501, the
entry "10%" shall be substituted;
(ii)
for the
entry in column (4) occurring against all tariff items (except tariff items 8502
11 00, 8502 20 10 and 8502 40 00) of heading 8502, the entry "10%"
shall be substituted;
(iii)
for the
entry in column (4) occurring against all tariff items (except tariff item 8503
00 90) of heading 8503, the entry "10%" shall be substituted;
(iv)
for the entry
in column (4) occurring against all tariff items (except tariff items 8504 31
00, 8504 32 00, 8504 40 10, 8504 40 30, 8504 50 10 and 8504 50 90) of heading
8504, the entry "10%" shall be substituted;
(v)
in heading
8525, the tariff item 8525 50 50 and the entries relating thereto shall be
omitted;
(vi)
for the
entry in column (4) occurring against all tariff items (except tariff items
under sub-headings 8535 40 and 8535 90) of heading 8535, the entry
"10%" shall be substituted;
(vii)
for the
entry in column (4) occurring against all tariff items (except tariff items
8536 10 10, 8536 41 00, 8536 61 10, 8536 61 90, 8536 69 10, 8536 69 90 and 8536
70 00) of heading 8536, the entry "10%" shall be substituted;
(viii)
for the
entry in column (4) occurring against all tariff items of heading 8537, the
entry "10%" shall be substituted;
(ix)
for the
entry in column (4) occurring against all tariff items (except tariff items
8544 42 91, 8544 42 92, 8544 42 93, 8544 42 99, 8544 70 10 and 8544 70 90) of
heading 8544, the entry "10%" shall be substituted;
(x)
for the
entry in column (4) occurring against all tariff items of heading 8546, the
entry "10%" shall be substituted; and
(xi)
for the
entry in column (4) occurring against all tariff items of heading 8547, the
entry "10%" shall be substituted;
(9)
in Chapter
90, for the entry in column (4) occurring against tariff items 9028 90 10, 9030
31 00, 9030 90 10, 9032 89 10 and 9032 89 90, the entry "10%" shall
be substituted;
(10)
in Chapter
95,--
(a)
for the
entry in column (4) occurring against tariff item 9503 00 90, the entry
"20%" shall be substituted;
(b)
for the
entry in column (4) occurring against tariff item 9505 10 00, the entry
"20%" shall be substituted;
(c)
for the
entry in column (4) occurring against tariff item 9505 90 90, the entry
"20%" shall be substituted.
Schedule IV
THE FOURTH SCHEDULE
[See section 141 (ii)]
Tariff
Item |
|
Description
of goods |
Unit |
Rate of
Duty |
|
Standard |
Preferential |
||||
(1) |
|
(2) |
(3) |
(4) |
(5) |
|
|
In the
First Schedule to the Customs Tariff Act, 1975,-- (1) in
Chapter 3,-- (i) in
Note 1, in clause (c), for the words "livers and roes", the words
"livers, roes and milt" shall be substituted; (ii) in
heading 0301, for tariff items 0301 93 00 and the entries relating thereto,
the following shall be substituted, namely:-- |
|
|
|
"0301
93 00 |
-- |
Carp
(Cyprinus spp., Carassius spp., Ctenopharyngodon idellus, Hypophthalmichthys
spp., Cirrhinus spp., Mylopharyngodon piceus, Catla catla, Labeo spp.,
Osteochilus hasselti, Leptobarbus hoeveni, Megalobrama spp.) |
kg. |
30% |
- "; |
|
|
(iii) for
heading 0302, tariff items 0302 11 00 to 0302 85 00, sub-heading 0302 89,
tariff items 0302 89 10 to 0302 90 00 and the entries relating thereto, the
following shall be substituted, namely:-- |
|
|
|
"0302 |
|
FISH,
FRESH OR CHILLED, EXCLUDING FISH FILLETS AND OTHER FISH MEAT OF HEADING 0304 |
|
|
|
|
- |
Salmonidae,
excluding edible fish offal of sub-headings 0302 91 to 0302 99: |
|
|
|
0302 11 00 |
-- |
Trout
(Salmo trutta, Oncorhyncus mykiss, Oncorhyncus clarkii, Oncorhyncus
aguabonita, Oncorhyncus gilae, Oncorhyncus apache and Oncorhyncus
chrysogaster) |
kg. |
30% |
- |
0302 13 00 |
-- |
Pacific
salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta,
Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and
Oncorhynchus rhodurus) |
kg. |
30% |
- |
0302 14 00 |
-- |
Atlantic
salmon (Salmo salar) and Danube salmon (Hucho hucho) |
kg. |
30% |
- |
0302 19 00 |
-- |
Other |
kg. |
30% |
- |
|
-- |
Flat fish (Pleuronectidae,
Bothidae, Cynoglossidae, Soleidae, Scophthalmidae and Citharidae), excluding
edible fish offal of sub-headings 0302 91 to 0301 99: |
|
|
|
0302 21 00 |
-- |
Halibut
(Rheinhardtius hippoglossidae, Hippoglossus hippoglossus, Hippoglossus
stenolepis) |
kg. |
30% |
- |
0302 22 00 |
-- |
Plaice
(Pleuronectes platessa) |
kg. |
30% |
- |
0302 23 00 |
-- |
Sole
(Solea spp.) |
kg. |
30% |
- |
0302 24 00 |
-- |
Turbots
(Psetta maxima) |
kg. |
30% |
- |
0302 29 00 |
-- |
Other |
kg. |
30% |
- |
|
-- |
Tunas (of
the genus Thunnus), skipjack or stripe-bellied bonito (Euthynnus (Katsuwonus)
pelamis), excluding edible fish offal of sub-headings 0302 91 to 0301 99: |
|
|
|
0302 31 00 |
-- |
Albacore
or long finned tunas (Thunnus alalunga) |
kg. |
30% |
- |
0302 32 00 |
-- |
Yellowfin
tunas (Thunnus albacares) |
kg. |
30% |
- |
0302 33 00 |
-- |
Skipjack
or stripe-bellied bonito |
kg. |
30% |
- |
0302 34 00 |
-- |
Bigeye
tunas (Thunnus obesus) |
kg. |
30% |
- |
0302 35 00 |
-- |
Atlantic
and Pacific bluefin tunas (Thunnus thynnus, Thunnus orientalis) |
kg. |
30% |
- |
0302 36 00 |
-- |
Southern
bluefin tunas (Thunnus maccoyii) |
kg. |
30% |
- |
0302 39 00 |
-- |
Other |
kg. |
30% |
- |
|
-- |
Herrings
(Clupea harengus, Clupea pallasii), anchovies (Engraulis spp.), sardines
(Sardina pilchardus, Sardinops spp.), sardinella (Sardinella spp.), brisling
or sprats (Sprattus sprattus), mackerel (Scomber scombrus, Scomber
australasicus, Scomber japonicus), Indian mackerels (Rastrelliger spp.),
seerfishes (Scomberomorus spp.), jack and horse mackerel (Trachurus spp.),
jacks, crevalles (Caranx spp.), cobia (Rachycentron canadum), silver pomfrets
(Pampus spp.), Pacific saury (Cololabis saira), scads (Decapterus spp.),
capelin (Mallotus villosus), Sword fish (Xiphias gladius), Kawakawa
(Euthynnus affinis), bonitos (Sarda spp.), marlins, sailfishes, spearfish
(Istiophoridae), excluding edible fish offal of sub-headings 0302 91 to 0302
99: |
|
|
|
0302 41 00 |
-- |
Herrings
(Clupea harengus, Clupea pallasii) |
kg. |
30% |
- |
0302 42 00 |
-- |
Anchovies
(Engraulis spp.) |
kg. |
30% |
- |
0302 43 00 |
-- |
Sardines
(Sardina pilchardus, Sardinops spp.), sardinella (Sardinella spp.), brisling
or sprats (Sprattus sprattus) |
kg. |
30% |
- |
0302 44 00 |
-- |
Mackerel
(Scomber scombrus, Scomber australasicus, Scomber japonicus) |
kg. |
30% |
- |
0302 45 00 |
-- |
Jack and
horse mackerel (Trachurus spp.) |
kg. |
30% |
- |
0302 46 00 |
-- |
Cobia
(Rachycentron canadum) |
kg. |
30% |
- |
0302 47 00 |
-- |
Sword fish
(Xiphias gladius) |
kg. |
30% |
- |
0302 49 00 |
-- |
Other |
kg. |
30% |
- |
|
- |
Fish of
the families Bregmacerotidae, Euclichthyidae, Gadidae, Macrouridae,
Melanonidae, Merlucciidae, Moridae and Muraenolepididae, excluding edible
fish offal of sub-headings 0302 91 to 0302 99: |
|
|
|
0302 51 00 |
-- |
Cod (Gadus
morhua, Gadus ogac, Gadus macrocephalus) |
kg. |
30% |
- |
0302 52 00 |
-- |
Haddock
(Melangrammus aegllefinus) |
kg. |
30% |
- |
0302 53 00 |
-- |
Coal fish
(Pollachinus virens) |
kg. |
30% |
- |
0302 54 00 |
-- |
Hake
(Merluccius spp., Urophycis spp.) |
kg. |
30% |
- |
0302 55 00 |
-- |
Alaska
Pollack (Theragra chalcogramma) |
kg. |
30% |
- |
0302 56 00 |
-- |
Blue
whittings (Micromesistius poutassou, Micromesistius australis) |
kg. |
30% |
- |
0302 59 00 |
-- |
Other |
kg. |
30% |
- |
|
- |
Tilapias
(Oreochromis spp.), catfish (Pangasius spp., Silurus spp., Clarias spp.,
Ictalurus spp.), carp (Cyprinus spp., Carassius spp., Ctenopharyngodon
idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus,
Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni,
Megalobrama spp.), eels (Anguilla spp.), Nile perch (Lates niloticus) and
snakeheads (Channa spp.), excluding edible fish offal of sub-headings 0302 91
to 0302 99: |
|
|
|
0302 71 00 |
-- |
Tilapias
(Oreochromis spp.), |
kg. |
30% |
- |
0302 72 00 |
-- |
Catfish
(Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.) |
kg. |
30% |
- |
0302 73 00 |
-- |
Carp
(Cyprinus spp., Carassius spp., Ctenopharyngodon idellus, Hypophthalmichthys
spp., Cirrhinus spp., Mylopharyngodon piceus, Catla catla, Labeo spp.,
Osteochilus hasselti, Leptobarbus hoeveni, Megalobrama spp.): |
kg. |
30% |
- |
0302 74 00 |
-- |
Eels
(Anguilla spp.) |
kg. |
30% |
- |
0302 79 00 |
-- |
Other |
kg. |
30% |
- |
|
- |
Other fish
exculding edible fish offal of sub-headings 0302 91 to 0302 99: |
|
|
|
0302 81 00 |
-- |
Dogfish
and other sharks |
kg. |
30% |
- |
0302 82 00 |
-- |
Rays and skates
(Rajidae) |
kg. |
30% |
- |
0302 83 00 |
-- |
Tooth fish
(Dissostichus spp.) |
kg. |
30% |
- |
0302 84 00 |
-- |
Seabass
(Dicentrarchus spp.) |
kg. |
30% |
- |
0302 85 00 |
-- |
Seabream
(Sparidae) |
kg. |
30% |
- |
0302 89 |
-- |
Other: |
|
|
|
0302 89 10 |
--- |
Hilsa
(Tenualosa ilisha) |
kg. |
30% |
- |
0302 89 20 |
--- |
Dara |
kg. |
30% |
- |
0302 89 30 |
--- |
Pomfret |
kg. |
30% |
- |
0302 89 90 |
--- |
Other |
kg. |
30% |
- |
|
- |
Livers,
roes, milt, fish fins, heads, tails, maws and other edible fish offal: |
|
|
|
0302 91 |
-- |
Livers,
roes and milt: |
|
|
|
0302 91 10 |
--- |
Livers, roes
and milt |
kg. |
30% |
- |
0302 92 |
-- |
Shark
fins: |
|
|
|
0302 92 10 |
--- |
Shark fins |
kg. |
30% |
- |
0302 99 |
-- |
Other: |
|
|
|
0302 99 10 |
--- |
Fish fins
other than shark fins; heads, tails and maws |
kg. |
30% |
- |
0302 99 90 |
--- |
Other
edible fish offal |
kg. |
30% |
- "; |
|
|
(iv) for
heading 0303, tariff items 0303 11 00 to 0303 69 00, sub-heading 0303 81,
tariff items 0303 81 10 to 0303 84 00, sub-heading 0303 89, tariff items 0303
89 10 to 0303 89 99, sub-heading 0303 90, tariff items 0303 90 10 to 0303 90
90 and the entries relating thereto, the following shall be substituted,
namely:-- |
|
|
|
"0303 |
|
FISH,
FROZEN, EXCLUDING FISH FILLETS AND OTHER FISH MEAT OF HEADING 0304 |
|
|
|
|
- |
Salmonidae,
excluding edible fish offal of sub-headings 0303 91 to 0303 99: |
|
|
|
0303 11 00 |
-- |
Sockeye
salmon (red salmon) (Oncorhynchus nerka) |
kg. |
30% |
- |
0303 12 00 |
-- |
Other
Pacific salmon (Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus
tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus
rhodurus) |
kg. |
30% |
- |
0303 13 00 |
-- |
Atlantic
salmon (Salmo salar) and Danube salmon (Hucho hucho) |
kg. |
30% |
- |
0303 14 00 |
-- |
Trout
(Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarkii, Oncorhynchus
aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus
chrysogaster) |
kg. |
30% |
- |
0303 19 00 |
-- |
Other |
kg. |
30% |
- |
|
- |
Tilapias
(Oreochromis spp.), catfish (Pangasius spp., Silurus spp., Clarias spp.,
Ictalurus spp.), carp (Cyprinus carpio, Carassius carassius, Ctenopharyngodon
idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus,
Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni,
Megalobroma spp., eels (Anguilla spp.), Nile perch (Lates niloticus) and
snakeheads, (Channa spp.), excluding edible fish offal of sub-headings 0303
91 to 0303 99: |
|
|
|
0303 23 00 |
-- |
Tilapias
(Oreochromis spp.) |
kg. |
30% |
- |
0303 24
00 |
-- |
Catfish
(Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.) |
kg. |
30% |
- |
0303 25
00 |
-- |
Carp
(Cyprinus carpio, Carassius carassius, Ctenopharyngodon idellus,
Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus, Catla catla,
Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni, Megalobroma spp.) |
kg. |
30% |
- |
0303 26
00 |
-- |
Eels
(Anguilla spp.) |
kg. |
30% |
- |
0303 29
00 |
-- |
Other |
kg. |
30% |
- |
|
- |
Flat fish
(Pleuronectidae, Bothidae, Cynoglossidae, Soleidae, Scophthalmidae and
Citharidae), excluding edible fish offal of sub-headings 0303 91 to 0303 99: |
|
|
|
0303 31
00 |
-- |
Halibut
(Rheinhardtius hippoglossidae, Hippoglossus hippoglossus, Hippoglossus
stenolepis) |
kg. |
30% |
- |
0303 32
00 |
-- |
Plaice
(Pleuronectes platessa) |
kg. |
30% |
- |
0303 33
00 |
-- |
Sole
(Solea spp.) |
kg. |
30% |
- |
0303 34
00 |
-- |
Turbots
(Psetta maxima) |
kg. |
30% |
- |
0303 39
00 |
-- |
Other |
kg. |
30% |
- |
|
- |
Tunas (of
the genus Thunnus), skipjack or stripe-bellied bonito (Euthynnus (Katsuwonus)
pelamis), excluding edible fish offal of sub-headings 0303 91 to 0303 99: |
|
|
|
0303 41
00 |
-- |
Albacore
or long finned tunas (Thunnus alalunga) |
kg. |
30% |
- |
0303 42
00 |
-- |
Yellowfin
tunas (Thunnus albacares) |
kg. |
30% |
- |
0303 43
00 |
-- |
Skipjack
or stripe-bellied bonito |
kg. |
30% |
- |
0303 44
00 |
-- |
Bigeye
tunas (Thunnus obesus) |
kg. |
30% |
- |
0303 45
00 |
-- |
Atlantic
and Pacific bluefin tunas (Thunnus thynnus, Thunnus orientalis) |
kg. |
30% |
- |
0303 46
00 |
-- |
Southern
bluefin tunas (Thunnus maccoyii) |
kg. |
30% |
- |
0303 49
00 |
-- |
Other |
kg. |
30% |
- |
|
- |
Herrings
(Clupea harengus, Clupea pallasii), anchovies (Engraulis spp.), sardines
(Sardina pilchardus, Sardinops spp.), sardinella (Sardinella spp.), brisling
or sprats (Sprattus sprattus), mackerel (Scomber scombrus, Scomber
australasicus, Scomber japonicus), Indian mackerels (Rastrelliger spp.),
seerfishes (Scomberomorus spp.), jack and horse mackerel (Trachurus spp.),
jacks, crevalles (Caranx spp.), cobia (Rachycentron canadum), silver pomfrets
(Pampus spp.), Pacific saury (Cololabis saira), scads (Decapterusspp.),
capelin (Mallotus villosus), Sword fish (Xiphias gladius), Kawakawa
(Euthynnus affinis), bonitos (Sarda spp.), marlins, sailfishes, spearfish
(Istiophoridae), excluding edible fish offal of sub-headings 0303 91 to 0303
99: |
|
|
|
0303 51 00 |
-- |
Herrings
(Clupea harengus, Clupea pallasii) |
kg. |
30% |
- |
0303 53 00 |
-- |
Sardines
(Sardina pilchardus, Sardinops spp.), sardinella (Sardinella spp.), brisling
or sprats (Sprattus sprattus) |
kg. |
30% |
- |
0303 54 00 |
-- |
Mackerel
(Scomber scombrus, Scomber australasicus, Scomber japonicus) |
kg. |
30% |
- |
0303 55 00 |
-- |
Jack and
horse mackerel (Trachurus spp.) |
kg. |
30% |
- |
0303 56 00 |
-- |
Cobia
(Rachycentron canadum) |
kg. |
30% |
- |
0303 57 00 |
-- |
Sword fish
(Xiphias gladius) |
kg. |
30% |
- |
0303 59 00 |
-- |
Other |
kg. |
30% |
- |
|
-- |
Fish of
the families Bregmacerotidae, Euclichthyidae, Gadidae, Macrouridae,
Melanonidae, Merlucciidae, Moridae and Muraenolepididae, excluding edible
fish offal of sub-headings 0303 91 to 0303 99: |
|
|
|
0303 63 00 |
-- |
Cod (Gadus
morhua, Gadus ogac, Gadus macrocephalus) |
kg. |
30% |
- |
0303 64 00 |
-- |
Haddock
(Melanogrammus aeglefinus) |
kg. |
30% |
- |
0303 65 00 |
-- |
Coal fish
(Pollachius virens) |
kg. |
30% |
- |
0303 66 00 |
-- |
Hake
(Merluccius spp., Urophycis spp.) |
kg. |
30% |
- |
0303 67 00 |
-- |
Alaska
Pollack (Theragra chalcogramma) |
kg. |
30% |
- |
0303 68 00 |
-- |
Blue
whitings (Micromesistius poutassou, Micromesistiusaustralis) |
kg. |
30% |
- |
0303 69 00 |
-- |
Other |
kg. |
30% |
- |
|
- |
Other
fish, excluding edible fish offal of sub-headings 0303 91 to 0303 99: |
|
|
|
0303 81 |
-- |
Dogfish
and other sharks: |
|
|
|
0303 81 10
- |
--- |
Dogfish |
kg. |
30% |
- |
0303 81 90
- |
--- |
Other
Sharks |
kg. |
30% |
- |
0303 82 00 |
-- |
Rays and
skates (Rajidae) |
kg. |
30% |
- |
0303 83 00 |
-- |
Tooth fish
(Dissostichus spp.) |
kg. |
30% |
- |
0303 84 00 |
-- |
Seabass
(Dicentrarchus spp.) |
kg. |
30% |
- |
0303 89 |
-- |
Other: |
|
|
|
0303 89 10
- |
--- |
Hilsa
(Tenualosa ilisha) |
kg. |
30% |
- |
0303 89 20 |
--- |
Dara |
kg. |
30% |
- |
0303 89 30 |
--- |
Ribbon
fish |
kg. |
30% |
- |
0303 89 40 |
--- |
Seer |
kg. |
30% |
- |
0303 89 50 |
--- |
Pomfret
(transparent or silver or black) |
kg. |
30% |
- |
0303 89 60 |
--- |
Ghol |
kg. |
30% |
- |
0303 89 70 |
--- |
Threadfin |
kg. |
30% |
- |
0303 89 80 |
--- |
Croakers,
groupers and flounders |
kg. |
30% |
- |
0303 89 90 |
--- |
Other |
kg. |
30% |
- |
|
- |
Livers,
roes, milt, fish fins, heads, tails, maws and other edible fish offal: |
|
|
|
0303 91 |
-- |
Livers, roes
and milt: |
|
|
|
0303 91 10 |
--- |
Egg or egg
yolk of fish |
kg. |
30% |
- |
0303 91 90 |
--- |
Other |
kg. |
30% |
- |
0303 92 |
-- |
Shark
fins: |
|
|
|
0303 92 10 |
--- |
Shark fins |
kg. |
30% |
- |
0303 99 |
-- |
Other: |
|
|
|
0303 99 10 |
--- |
Fish fins
other than shark fins, heads, tails and maws |
kg. |
30% |
- |
0303 99 90 |
--- |
Other
edible fish offal |
kg. |
30% |
- "; |
|
|
(v) in
heading 0304,-- (a) for
the entry in column (2) occurring after the entry against heading 0304, the
following shall be substituted, namely:-- "-
Fresh or chilled fillets of tilapias (Oreochromis spp.), catfish (Pangasius
spp., Silurus spp., Clarias spp., Ictalurus spp.), carp (Cyprinus spp.,
Carassius spp., Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus
spp., Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus hasselti,
Leptobarbus hoeveni, Megalobrama spp.), eels (Anguilla spp.), Nile perch
(Lates niloticus) and snakeheads (Channa spp.):"; (b) for
tariff items 0304 46 00 to 0304 99 00 and the entries relating thereto, the following
shall be substituted, namely:-- |
|
|
|
"0304
46 00 |
-- |
Tooth fish
(Dissostichus spp.) |
kg. |
30% |
- |
0304 47 00 |
-- |
Dogfish
and other sharks |
kg. |
30% |
- |
0304 48 00 |
-- |
Rays and
skates (Rajidae) |
kg. |
30% |
- |
0304 49 |
-- |
Other: |
|
|
|
0304 49 10 |
--- |
Hilsa (Tenualosa
ilisha) |
kg. |
30% |
- |
0304 49 30 |
--- |
Seer |
kg. |
30% |
- |
0304 49 40 |
--- |
Tuna |
kg. |
30% |
- |
0304 49 90 |
--- |
Other |
kg. |
30% |
- |
|
- |
Other,
fresh or chilled: |
|
|
|
0304 51 00 |
-- |
Tilapias
(Oreochromis spp.), catfish (Pangasius spp., Silurus spp., Clarias spp.,
Ictalurus spp.), carp (Cyprinus spp., Carassius spp., Ctenopharyngodon
idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus,
Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni,
Megalobrama spp.), eels (Anguilla spp.), Nile perch (Lates niloticus) and
snakeheads (Channa spp.) |
kg. |
30% |
- |
0304 52 00 |
-- |
Salmonidae |
kg. |
30% |
- |
0304 53 00 |
-- |
Fish of
the families Bregmacerotidae, Euclichthyidae, Gadidae, Macrouridae,
Melanonidae, Merlucciidae, Moridae and Muraenolepididae |
kg. |
30% |
- |
0304 54 00 |
-- |
Sword fish
(Xiphias gladius) |
kg. |
30% |
- |
0304 55 00 |
-- |
Tooth fish
(Dissostichus spp.) |
kg. |
30% |
- |
0304 56 00 |
-- |
Dogfish
and other sharks |
kg. |
30% |
- |
0304 57 00 |
-- |
Rays and
skates (Rajidae) |
kg. |
30% |
- |
0304 59 |
-- |
Other: |
|
|
|
0304 59 10 |
--- |
Hilsa
(Tenualosa ilisha) |
kg. |
30% |
- |
0304 59 30 |
--- |
Seer |
kg. |
30% |
- |
0304 59 40 |
--- |
Tuna |
kg. |
30% |
- |
0304 59 90 |
--- |
Other |
kg. |
30% |
- |
|
- |
Frozen
fillets of tilapias (Oreochromis spp.), catfish (Pangasius spp., Silurus
spp., Clarias spp., Ictalurus spp.), carp (Cyprinus spp., Carassius spp.,
Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp.,
Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus
hoeveni, Megalobrama spp.), eels (Anguilla spp.), Nile perch (Lates
niloticus) and snakeheads (Channa spp.): |
|
|
|
0304 61 00 |
-- |
Tilapias
(Oreochromis spp.) |
kg. |
30% |
- |
0304 62 00 |
-- |
Catfish
(Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.) |
kg. |
30% |
- |
0304 63 00 |
-- |
Nile Perch
(Lates niloticus) |
kg. |
30% |
- |
0304 69 00 |
-- |
Other |
kg. |
30% |
- |
|
- |
Frozen
fillets of fish of Bregmacerotidae, Euclichthyidae, Gadidae, Macrouridae,
Melanonidae, Merlucciidae, Moridae and Muraenolepididae: |
|
|
|
0304 71 00 |
-- |
Cod (Gadus
morhua, Gadus ogac, Gadus macrocephalus) |
kg. |
30% |
- |
0304 72 00 |
-- |
Haddock
(Melanogrammus aeglefinus) |
kg. |
30% |
- |
0304 73 00 |
-- |
Coal fish
(Pollachius virens) |
kg. |
30% |
- |
0304 74 00 |
-- |
Hake
(Merluccius spp., Urophycis spp.) |
kg. |
30% |
- |
0304 75 00 |
-- |
Alaska
Pollack (Theragra chalcogramma) |
kg. |
30% |
- |
0304 79 00 |
-- |
Other |
kg. |
30% |
- |
|
- |
Frozen
fillets of other fish: |
|
|
|
0304 81 00 |
-- |
Pacific
salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta,
Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and
Oncorhynchus rhodurus), Atlantic salmon (Salmo salar) and Danube salmon
(Hucho hucho) |
kg. |
30% |
- |
0304 82 00 |
-- |
Trout
(Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarkii, Oncorhynchus
aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus
chrysogaster) |
kg. |
30% |
- |
0304 83 00 |
-- |
Flat fish
(Pleuronectidae, Bothidae, Cynoglossidae, Soleidae, Scophthalmidae and
Citharidae) |
kg. |
30% |
- |
0304 84 00 |
-- |
Sword fish
(Xiphias gladius) |
kg. |
30% |
- |
0304 85 00 |
-- |
Tooth fish
(Dissostichus spp.) |
kg. |
30% |
- |
0304 86 00 |
-- |
Herrings
(Clupea harengus, Clupea pallasii) |
kg. |
30% |
- |
0304 87 00 |
-- |
Tunas (of
the genus Thunnus), skipjack or stripe-bellied bonito (Euthynnus (Katsuwonus)
pelamis) |
kg. |
30% |
- |
0304 88 |
-- |
Dogfish, other
sharks Rays and skates (Rajidae): |
|
|
|
0304 88 10 |
--- |
Dogfish |
kg. |
30% |
- |
0304 88 20 |
--- |
Other
sharks |
kg. |
30% |
- |
0304 88 30 |
--- |
Rays and
skates (Rajidae) |
kg. |
30% |
- |
0304 89 |
-- |
Other: |
|
|
|
0304 89 10 |
--- |
Hilsa
(Tenualosa ilisha) |
kg. |
30% |
- |
0304 89 30 |
--- |
Seer |
kg. |
30% |
- |
0304 89 40 |
--- |
Tuna |
kg. |
30% |
- |
0304 89 90 |
--- |
Other |
kg. |
30% |
- |
|
- |
Other,
frozen: |
|
|
|
0304 91 00 |
-- |
Sword fish
(Xiphias gladius) |
kg. |
30% |
- |
0304 92 00 |
|
Tooth fish
(Dissostichus spp.) |
kg. |
30% |
- |
0304 93 00 |
-- |
Tilapias (Oreochromis
spp.), catfish (Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.),
carp (Cyprinus spp., Carassius spp., Ctenopharyngodon idellus,
Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus, Catla catla,
Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni, Megalobrama spp.),
eels (Anguilla spp.), Nile perch (Lates niloticus) and snakeheads (Channa
spp.) |
kg. |
30% |
- |
0304 94 00 |
-- |
Alaska
Pollack (Theragra chalcogramma) |
kg. |
30% |
- |
0304 95 00 |
-- |
Fish of
the families Bregmacerotidae, Euclichthyidae, Gadidae, Macrouridae,
Melanonidae, Merlucciidae, Moridae and Muraenolepididae, Alaska Pollack
(Theragra chalcogramma) |
kg. |
30% |
- |
0304 96 00 |
-- |
Dogfish
and other sharks |
kg. |
30% |
- |
0304 97 00 |
-- |
Rays and
skates (Rajidae) |
kg. |
30% |
- |
0304 99 00 |
-- |
Other |
kg. |
30% |
- "; |
|
|
(vi) in
heading 0305,-- (a) for
tariff item 0305 20 00 and the entries relating thereto, the following shall
be substituted, namely:-- |
|
|
|
"0305
20 00 |
- |
Livers,
roes and milt of fish, dried, smoked, salted or in brine |
kg. |
30% |
- "; |
|
|
(b) for
tariff item 0305 31 00 and the entries relating thereto, the following shall
be substituted, namely:-- |
|
|
|
"0305
31 00 |
-- |
Tilapias
(Oreochromis spp.), catfish (Pangasius spp., Silurus spp., Clarias spp.,
Ictalurus spp.), carp (Cyprinus spp., Carassius spp., Ctenopharyngodon
idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus,
Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni,
Megalobrama spp.), eels (Anguilla spp.), Nile perch (Lates niloticus) and
snakeheads (Channa spp.) |
kg. |
30% |
- "; |
|
|
(c) for
tariff item 0305 44 00 and the entries relating thereto, the following shall
be substituted, namely:-- |
|
|
|
"0305
44 00 |
-- |
Tilapias
(Oreochromis spp.), catfish (Pangasius spp., Silurus spp., Clarias spp.,
Ictalurus spp.), carp (Cyprinus spp., Carassius spp., Ctenopharyngodon
idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus,
Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni,
Megalobrama spp.), eels (Anguilla spp.), Nile perch (Lates niloticus) and
snakeheads (Channa spp.) |
kg. |
30% |
- "; |
|
|
(d) after
tariff item 0305 51 00 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
|
"0305
52 00 |
-- |
Tilapias
(Oreochromis spp.), catfish (Pangasius spp., Silurus spp., Clarias spp.,
Ictalurus spp.), carp (Cyprinus spp., Carassius spp., Ctenopharyngodon
idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus,
Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni,
Megalobrama spp.), eels (Anguilla spp.), Nile perch (Lates niloticus) and
snakeheads (Channa spp.) |
kg. |
30% |
- |
0305 53 00 |
-- |
Fish of
the families Bregmacerotidae, Euclichthyidae, Gadidae, Macrouridae,
Melanonidae, Merlucciidae, Moridae and Muraenolepididae, other than cod
(Gadus morhua, Gadus ogac, Gadus macrocephalus) |
kg. |
30% |
- |
0305 54 00 |
-- |
Herrings
(Clupea harengus, Clupea pallasii), anchovies (Engraulis spp.), sardines
(Sardina pilchardus, Sardinops spp.), sardinella (Sardinella spp.), brisling
or sprats (Sprattus sprattus), mackerel (Scomber scombrus, Scomber
australasicus, Scomber japonicus), Indian mackerels (Rastrelliger spp.),
seerfishes (Scomberomorus spp.), jack and horse mackerel (Trachurus spp.),
jacks, crevalles (Caranx spp.), cobia (Rachycentron canadum), silver pomfrets
(Pampus spp.), Pacific saury (Cololabis saira), scads (Decapterus spp.),
capelin (Mallotus villosus), Sword fish (Xiphias gladius), Kawakawa
(Euthynnus affinis), bonitos (Sarda spp.), marlins, sailfishes, spearfish
(Istiophoridae) |
kg. |
30% |
- "; |
|
|
(e) for
tariff item 0305 64 00 and the entries relating thereto, the following shall
be substituted, namely:-- |
|
|
|
"0305
64 00 |
-- |
Tilapias
(Oreochromis spp.), catfish (Pangasius spp., Silurus spp., Clarias spp.,
Ictalurus spp.), carp (Cyprinus spp., Carassius spp., Ctenopharyngodon
idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus,
Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni,
Megalobrama spp.), eels (Anguilla spp.), Nile perch (Lates niloticus) and
snakeheads (Channa spp.) |
kg. |
30% |
- "; |
|
|
(vii) in
heading 0306, for tariff items 0306 19 00 to 0306 29 00 and the entries
relating thereto, the following shall be substituted, namely:-- |
|
|
|
"0306
19 00 |
-- |
Other,
including flours, meals and pellets of crustaceans, fit for human consumption |
kg. |
30% |
- |
|
- |
Live,
fresh or chilled: |
|
|
|
0306 31 00 |
-- |
Rock
lobster and other sea crawfish (Palinurus spp., Jasus spp.) |
kg. |
30% |
- |
0306 32 00 |
-- |
Lobsters (Homarus
spp.) |
kg. |
30% |
- |
0306 33 00 |
-- |
Crabs |
kg. |
30% |
- |
0306 34 00 |
-- |
Norway
lobsters (Nephrops norvegicus) |
kg. |
30% |
- |
0306 35 00 |
-- |
Cold water
shrimps and prawns (Pandalus spp., Crangon crangon) |
kg. |
30% |
- |
0306 36 00 |
-- |
Other
shrimps and prawns |
kg. |
30% |
- |
0306 39 00 |
-- |
Other,
including flours, meals and pellets of crustaceans, fit for human consumption |
kg. |
30% |
- |
|
- |
Other: |
|
|
|
0306 91 00 |
-- |
Rock
lobster and other sea crawfish (Palinurus spp., Jasus spp.) |
kg. |
30% |
- |
0306 92 00 |
-- |
Lobsters
(Homarus spp.) |
kg. |
30% |
- |
0306 93 00 |
-- |
Crabs |
kg. |
30% |
- |
0306 94 00 |
-- |
Norway
lobsters (Nephrops norvegicus) |
kg. |
30% |
- |
0306 95 00 |
-- |
Shrimps
and prawns |
kg. |
30% |
- |
0306 99 00 |
-- |
Other,
including flours, meals and pellets of crustaceans, fit for human consumption |
kg. |
30% |
- "; |
|
|
(viii) in
heading 0307,-- (a) after
tariff item 0307 11 00 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
|
"0307
12 00 |
-- |
Frozen |
kg. |
30% |
- "; |
|
|
(b) after
tariff item 0307 21 00 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
|
"0307
22 00 |
-- |
Frozen |
kg. |
30% |
- "; |
|
|
(c) after
tariff item 0307 31 00 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
|
"0307
32 00 |
-- |
Frozen |
kg. |
30% |
- "; |
|
|
(d) for
tariff items 0307 39 90 to 0307 49 90 and the entries relating thereto, the
following shall be substituted, namely:-- |
|
|
|
"0307
39 90 |
--- |
Other |
kg. |
30% |
- |
|
- |
Cuttle
fish and squid: |
|
|
|
0307 42 |
-- |
Live,
fresh or chilled: |
|
|
|
0307 42 10 |
--- |
Cuttle
fish |
kg. |
30% |
- |
0307 42 20 |
--- |
Squid |
kg. |
30% |
- |
0307 43 |
-- |
Frozen: |
|
|
|
0307 43 10 |
--- |
Cuttle
fish |
kg. |
30% |
- |
0307 43 20 |
--- |
Whole
squids |
kg. |
30% |
- |
0307 43 30 |
--- |
Squid
tubes |
kg. |
30% |
- |
0307 49 |
-- |
Other: |
|
|
|
0307 49 10 |
--- |
Cuttle fish |
kg. |
30% |
- |
0307 49 20 |
--- |
Whole
squids |
kg. |
30% |
- |
0307 49 30 |
--- |
Squid
tubes |
kg. |
30% |
- |
0307 49 40 |
--- |
Dried
squids |
kg. |
30% |
- |
0307 49 90 |
--- |
Other |
kg. |
30% |
- "; |
|
|
(e) after
tariff item 0307 51 00 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
|
"0307
52 00 |
-- |
Frozen |
kg. |
30% |
- "; |
|
|
(f) after
tariff item 0307 71 00 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
|
"0307
72 00 |
-- |
Frozen |
kg. |
30% |
- "; |
|
|
(g) for
tariff items 0307 79 00 to 0307 89 00 and the entries relating thereto, the
following shall be substituted, namely:-- |
|
|
|
"0307
79 00 |
-- |
Other |
kg. |
30% |
- |
|
- |
Abalone
(Haliotis Spp.) and stromboid conchs (Strombus spp.): |
|
|
|
0307 81 00 |
-- |
Live,
fresh or chilled abalone (Haliotis spp.) |
kg. |
30% |
- |
0307 82 00 |
-- |
Live,
fresh or chilled stromboid conchs (Strombus spp.) |
kg. |
30% |
- |
0307 83 00 |
-- |
Frozen
abalone (Haliotis spp.) |
kg. |
30% |
- |
0307 84 00 |
-- |
Frozen
stromboid conchs (Strombus spp.) |
kg. |
30% |
- |
0307 87 00 |
-- |
Other
abalone (Haliotis spp.) |
kg. |
30% |
- |
0307 88 00 |
-- |
Other
stromboid conchs (Strombus spp.) |
kg. |
30% |
- "; |
|
|
(h) after
tariff item 0307 91 00 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
|
"0307
92 00 |
-- |
Frozen |
kg. |
30% |
- "; |
|
|
(ix) in
heading 0308,-- (a) for
the entry in column (2) occurring after the entry against heading 0308, the
following shall be substituted, namely:-- "-
Sea cucumbers (Stichopus japonicus, Holothuroidea):"; (b) after
tariff item 0308 11 00 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
|
"0308
12 00 |
-- |
Frozen |
kg. |
30% |
- "; |
|
|
(c) for
tariff items 0308 19 00 to 0308 21 00 and the entries relating thereto, the
following shall be substituted, namely:-- |
|
|
|
"0308
19 00 |
-- |
Other |
kg. |
30% |
- |
|
- |
Sea
urchins (Strongylocentrotus spp., Paracentrotus lividus, Loxechinus albus,
Echinus esculentus): |
|
|
|
0308 21 00 |
-- |
Live,
fresh or chilled |
kg. |
30% |
- |
0308 22 00 |
-- |
Frozen |
kg. |
30% |
- "; |
|
|
(2) in
Chapter 4, in Note 4,-- (A) in
clause (a), the word "or" shall be omitted; (B) after
clause (a), the following clause shall be inserted, namely:-- "(b)
products obtained from milk by replacing one or more of its natural
constituents (for example, butyric fats) by another substance (for example,
oleic fats) (heading 1901 or 2106); or"; (C) the
existing clause (b) shall be re-lettered as (c); (3) in
Chapter 5, for Note 4, the following Note shall be substituted, namely:-- "4.
Throughout the Schedule, the expression "horsehair" means hair of
the manes or tails of equine or bovine animals. Heading 0511 covers, inter
alia, horsehair and horsehair waste, whether or not put up as a layer with or
without supporting material."; (4) in
Chapter 8, in heading 0805, for tariff item 0805 20 00 and the entries
relating thereto, the following shall be substituted, namely:-- "-
Mandarins (including tangerines and satsumas); clementines, wilkings and
similar citrus hybrids: |
|
|
|
0805 21 00 |
-- |
Mandarins
(including tangerines and satsumas) |
kg. |
30% |
- |
0805 22 00 |
-- |
Clementines |
kg. |
30% |
- |
0805 29 00 |
-- |
Other |
kg. |
30% |
- "; |
|
|
(5) in
Chapter 12,-- (i) for
heading 1211 and the entries relating thereto, the following shall be
substituted, namely:-- |
|
|
|
"1211 |
|
PLANTS AND
PARTS OF PLANTS (INCLUDING SEEDS AND FRUITS), OF A KIND USED PRIMARILY IN
PERFUMERY, IN PHARMACY OR FOR INSECTICIDAL, FUNGICIDAL OR SIMILAR PURPOSE,
FRESH, CHILLED, FROZEN OR DRIED, WHETHER OR NOT CUT, CRUSHED OR
POWDERED"; |
|
|
|
|
|
(ii) after
tariff item 1211 40 00 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
|
"1211
50 00 |
- |
Ephedra |
kg. |
30% |
- "; |
|
|
(6) in
Chapter 13, in heading 1302, after tariff item 1302 13 00 and the entries
relating thereto, the following shall be inserted, namely:-- |
|
|
|
"1302
14 00 |
-- |
Of ephedra |
kg. |
30% |
- "; |
|
|
(7) in
Chapter 16,-- (i) in
Sub-heading Note 1, for the words "as infant food", the words
"as food suitable for infants or young children" shall be
substituted; (ii) in
heading 1604, after tariff item 1604 17 00 and the entries relating thereto,
the following shall be inserted, namely:-- |
|
|
|
"1604
18 00 |
-- |
Shark fins |
kg. |
30% |
- "; |
|
|
(8) in
Chapter 19, for sub-heading 1901 10 and the entries relating thereto, the
following shall be substituted, namely:-- |
|
|
|
"1901
10 |
- |
Preparations
suitable for infants or young children, put up for retail sale:"; |
|
|
|
|
|
(9) in
Chapter 20,-- (i) in
Sub-heading Note 1, for the words "as infant food", the words
"as food suitable for infants or young children" shall be
substituted; (ii) in
Sub-heading Note 2, for the words "as infant food", the words
"as food suitable for infants or young children" shall be
substituted; (10) in
Chapter 21, in Sub-heading Note 3, for the words "as infant food",
the words "as food suitable for infants or young children" shall be
substituted; (11) in
Chapter 22,-- (i) for
sub-heading 2202 90, tariff items 2202 90 10 to 2202 90 90 and the entries
relating thereto, the following shall be substituted, namely:-- |
|
|
|
|
" - |
Other: |
|
|
|
2202 91 00 |
-- |
Non
alcoholic beer |
1 |
30% |
- |
2202 99 |
-- |
Other: |
|
|
|
2202 99 10 |
--- |
Soya milk
drinks, whether or not sweetened or flavoured |
1 |
30% |
- |
2202 99 20 |
--- |
Fruit pulp
or fruit juice based drink |
1 |
30% |
- |
2202 99 30 |
--- |
Beverages
containing milk |
1 |
30% |
- |
2202 99 90 |
--- |
Other |
1 |
30% |
- "; |
|
|
(ii) after
tariff item 2204 21 90 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
|
"2204
22 |
-- |
In
containers holding more than 2 l but not more than 101: |
|
|
|
2204 22 10 |
--- |
Port and
other red wines |
1 |
150% |
- |
2204 22 20 |
--- |
Sherry and
other transparent wines |
1 |
150% |
- |
2204 22 90 |
--- |
Other |
1 |
150% |
- "; |
|
|
(iii) for
tariff item 2206 00 00 and the entries relating thereto, the following shall be
substituted, namely:-- |
|
|
|
"2206
00 00 |
- |
OTHER
FERMENTED BEVERAGES (FOR EXAMPLE, CIDER, PERRY, MEAD, SAKE); MIXTURES OF
FERMENTED BEVERAGES AND NON-ALCOHOLIC BEVERAGES, NOT ELSEWHERE SPECIFIED OR
INCLUDED |
1 |
150% |
- "; |
|
|
(12) in
Chapter 27,-- (i) for
Sub-heading Note 4, the following shall be substituted, namely:-- '4. For
the purposes of sub-heading 2710 12, "light oils and preparations"
are those of which 90 % or more by volume (including losses) distil at 210 ?C
according to the ISO 3405 method (equivalent to the ASTM D 86 method).'; (ii) for
tariff item 2707 50 00 and the entries relating thereto, the following shall
be substituted, namely:-- |
|
|
|
"2707
50 00 |
- |
Other
aromatic hydrocarbon mixtures of which 65 % or more by volume (including losses)
distils at 250 ?C by the ISO 3405 method (equivalent to the ASTM D 86 method) |
kg. |
10% |
- "; |
|
|
(13) in
Chapter 28,-- (i) for
Note 7, the following shall be substituted, namely:-- "7.
Heading 2853 includes copper phosphide (phosphor copper) containing more than
15 % by weight of phosphorus."; (ii) after
tariff item 2811 11 00 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
|
"2811
12 00 |
-- |
Hydrogen
cyanide (hydrocyanic acid) |
kg. |
10% |
- "; |
|
|
(iii)
tariff item 2811 19 10 and the entries relating thereto shall be omitted; (iv) for
sub-heading 2812 10, tariff items 2812 10 10 to 2812 90 00 and the entries
relating thereto, the following shall be substituted, namely:-- |
|
|
|
|
"- |
Chlorides
and chloride oxides: |
|
|
|
2812 11 00 |
-- |
Carbonyl
dichloride (phosgene) |
kg. |
10% |
- |
2812 12 00 |
-- |
Phosphorous
oxychloride |
kg. |
10% |
- |
2812 13 00 |
-- |
Phosphorous
trichloride |
kg. |
10% |
- |
2812 14 00 |
-- |
Phosphorous
pentachloride |
kg. |
10% |
- |
2812 15 00 |
-- |
Sulphur
monochloride |
kg. |
10% |
- |
2812 16 00 |
-- |
Sulphur
dichloride |
kg. |
10% |
- |
2812 17 00 |
-- |
Thionyl
chloride |
kg. |
10% |
- |
2812 19 |
-- |
Other: |
|
|
|
2812 19 10 |
--- |
Sulpur
oxychloride |
kg. |
10% |
- |
2812 19 20 |
--- |
Silicon
tetrachloride |
kg. |
10% |
- |
2812 19 30 |
--- |
Arsenous
trichloride |
kg. |
10% |
- |
2812 19 90 |
--- |
Other |
kg. |
10% |
- |
2812 90 00 |
- |
Other |
kg. |
10% |
-"; |
|
|
(v) the
heading 2848, sub-heading 2848 00, tariff items 2848 00 10 to 2848 00 90 and
the entries relating thereto shall be omitted; (vi) for
heading 2853, sub-heading 2853 00, tariff items 2853 00 10 to 2853 00 99 and
the entries relating thereto, the following shall be substituted, namely:-- |
|
|
|
"2853 |
|
PHOSPHIDES,
WHETHER OR NOT CHEMICALLY DEFINED, EXCLUDING FERROPHOSPHORUS; OTHER INORGANIC
COMPOUNDS (INCLUDING DISTILLED OR CONDUCTIVITY WATER AND WATER OF SIMILAR
PURITY); LIQUID AIR (WHETHER OR NOT RARE GASES HAVE BEEN REMOVED); COMPRESSED
AIR; AMALGAMS, OTHER THAN AMALGAMS OF PRECIOUS METALS |
|
|
|
2853 10 00 |
- |
Cyanogen
chloride (chlorcyan) |
kg. |
10% |
- |
2853 90 |
- |
Other: |
|
|
|
2853 90 10 |
--- |
Distilled
or conductivity water and water of similar purity |
kg. |
10% |
- |
2853 90 20 |
--- |
Liquid
air, whether or not rare gases have been removed |
kg. |
10% |
- |
2853 90 30 |
--- |
Compressed
air |
kg. |
10% |
- |
2853 90 40 |
--- |
Amalgams,
other than of precious metals |
kg. |
10% |
- |
2853 90 90 |
--- |
Other |
kg. |
10% |
- "; |
|
|
(14) in
Chapter 29,-- (i) after
tariff item 2903 82 00 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
|
"2903
83 00 |
-- |
Mirex
(ISO) |
kg. |
10% |
- "; |
|
|
(ii) after
tariff item 2903 92 29 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
|
"2903
93 00 |
-- |
Pentachlorobenzene
(ISO) |
kg. |
10% |
- |
2903 94 00 |
-- |
Hexabromobiphenyls |
kg. |
10% |
- "; |
|
|
(iii) in
heading 2904,-- (a) after
tariff item 2904 20 90 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
|
|
" - |
Perfluorooctane
sulphonic acid, its salts and perfluorooctane sulphonyl fluoride: |
|
|
|
2904 31 00 |
-- |
Perfluorooctane
sulphonic acid |
kg. |
10% |
- |
2904 32 00 |
-- |
Ammonium
perfluorooctane sulphonate |
kg. |
10% |
- |
2904 33 00 |
-- |
Lithium
perfluorooctane sulphonate |
kg. |
10% |
- |
2904 34 00 |
-- |
Potassium
perfluorooctane sulphonate |
kg. |
10% |
- |
2904 35 00 |
-- |
Other
salts of perfluorooctane sulphonic acid |
kg. |
10% |
- |
2904 36 00 |
-- |
Perfluorooctane
sulphonyl fluoride |
kg. |
10% |
- "; |
|
|
(b) for
sub-heading 2904 90, tariff items 2904 90 10 to 2904 90 90 and the entries
relating thereto, the following shall be substituted, namely:-- |
|
|
|
|
" - |
Other: |
|
|
|
2904 91 00 |
-- |
Trichloronitromethane
(chloropicrin) |
kg. |
10% |
- |
2904 99 |
-- |
Other: |
|
|
|
2904 99 10 |
--- |
2, 5
dichloronitrobenzene |
kg. |
10% |
- |
2904 99 20 |
--- |
Dinitrochlorebenzene |
kg. |
10% |
- |
2904 99 30 |
--- |
Meta
nitrochlorobenzene |
kg. |
10% |
- |
2904 99 40 |
--- |
Ortho
nitrochlorobenzene |
kg. |
10% |
- |
2904 99 50 |
--- |
Para
nitrochlorobenzene |
kg. |
10% |
- |
2904 99 60 |
--- |
2-nitrochlorotoluene |
kg. |
10% |
- |
2904 99 70 |
--- |
Sodium
meta nitrochlorobenzene sulphonate |
kg. |
10% |
- |
2904 99 90 |
--- |
Other |
kg. |
10% |
- "; |
|
|
(iv) after
tariff item 2910 40 00 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
|
"2910
50 00 |
- |
Endrin
(ISO) |
kg. |
10% |
- "; |
|
|
(v) in
heading 2914,-- (a) after
tariff item 2914 61 00 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
|
"2914
62 00 |
-- |
Coenzyme
Q10 (ubidecarenone (INN)) |
kg. |
10% |
- "; |
|
|
(b) for
sub-heading 2914 70, tariff items 2914 70 10 to 2914 70 90 and the entries
relating thereto, the following shall be substituted, namely:-- |
|
|
|
|
" - |
Halogenated,
sulphonated, nitrated or nitrosated derivatives: |
|
|
|
2914 71 00 |
-- |
Chlordecone
(ISO) |
kg. |
10% |
- |
2914 79 |
-- |
Other: |
|
|
|
2914 79 10 |
--- |
1-chloro
anthraquinone |
kg. |
10% |
- |
2914 79 20 |
--- |
Musk
ketone |
kg. |
10% |
- |
2914 79 90 |
--- |
Other |
kg. |
10% |
- "; |
|
|
(vi) after
tariff item 2918 16 90 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
|
"2918
17 00 |
-- |
2,
2-Diphenyl-2-hydroxyacetic acid (benzilic acid) |
kg. |
10% |
- "; |
|
|
(vii) for
sub-heading 2920 90, tariff items 2920 90 10 to 2920 90 44 and the entries
relating thereto, the following shall be substituted, namely:-- |
|
|
|
|
" - |
Phosphite
esters and their salts; their halogenated, sulphonated, nitrated or
nitrosated derivatives: |
|
|
|
2920 21 00 |
-- |
Dimethyl
phosphite |
kg. |
10% |
- |
2920 22 00 |
-- |
Diethyl
phosphite |
kg. |
10% |
- |
2920 23 00 |
-- |
Trimethyl
phosphite |
kg. |
10% |
- |
2920 24 00 |
-- |
Triethyl
phosphite |
kg. |
10% |
- |
2920 29 |
-- |
Other: |
|
|
|
2920 29
10 |
-- |
Dimethyl
sulphate |
kg. |
10% |
- |
2920 29
20 |
--- |
Diethyl
sulphate |
kg. |
10% |
- |
2920 29
30 |
--- |
Tris (2, 3
Dibromopropyl) phosphate |
kg. |
10% |
- |
2920 29
90 |
--- |
Other |
kg. |
10% |
- |
2920 30 00 |
- |
Endosulfan
(ISO) |
kg. |
10% |
- "; |
|
|
(viii) for
sub-heading 2921 19, tariff items 2921 19 11 to 2921 19 90 and the entries
relating thereto, the following shall be substituted, namely:-- |
|
|
|
"2921
12 00 |
-- |
2-(N,
N-Dimethylamino) ethylchloride hydrochloride |
kg. |
10% |
- |
2921 13 00 |
-- |
2-(N,
N-Diethylamino) ethylchloride hydrochloride |
kg. |
10% |
- |
2921 14 00 |
-- |
2-(N,
N-Diisopropylamino) ethylchloride hydrochloride |
kg. |
10% |
- |
2921 19 |
-- |
Other: |
|
|
|
2921 19 10 |
--- |
2-Chloro
N, N-Diisopropyl ethylamine |
kg. |
10% |
- |
2921 19 20 |
--- |
2-Chloro
N, N-Dimethyl ethanamine |
kg. |
10% |
- |
2921 19 90 |
--- |
Other |
kg. |
10% |
- "; |
|
|
(ix) for
sub-heading 2922 12, tariff items 2922 12 10 to 2922 12 90 and the entries
relating thereto, the following shall be substituted, namely:-- |
|
|
|
"2922
12 00 |
-- |
Diethanolamine
and its salts |
kg. |
10% |
-"; |
|
|
(x) for
sub-heading 2922 13, tariff items 2922 13 10 to 2922 13 90, tariff item 2922
14 00, sub-heading 2922 19, tariff items 2922 19 40 to 2922 19 90 and the
entries relating thereto, the following shall be substituted, namely:-- |
|
|
|
"2922
14 00 |
-- |
Dextropropoxyphene
(INN) and its salts |
kg. |
10% |
- |
2922 15 00 |
-- |
Triethanolamine |
kg. |
10% |
- |
2922 16 00 |
-- |
Diethanolammonium
perfluorooctane sulphonate |
kg. |
10% |
- |
2922 17 |
-- |
Methyldiethanolamine
and ethyldiethanolamine: |
|
|
|
2922 17 10 |
--- |
Methyldiethanolamine |
kg. |
10% |
- |
2922 17 20 |
--- |
Ethyldiethanolamine |
kg. |
10% |
- |
2922 18
00 |
-- |
2-(N,
N-Diisopropylamino) ethanol |
kg. |
10% |
- |
2922 19 |
-- |
Other: |
|
|
|
2922 19 10 |
--- |
2-Hydroxy
N, N-Diisopropyl ethylamine |
kg. |
10% |
- |
2922 19 90 |
--- |
Other |
kg. |
10% |
- "; |
|
|
(xi) after
tariff item 2923 20 90 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
|
"2923
30 00 |
- |
Tetraethylammonium
perfluorooctane sulphonate |
kg. |
10% |
- |
2923 40 00 |
- |
Didecyldimethylammonium
perfluorooctane sulphonate |
kg. |
10% |
- "; |
|
|
(xii)
after tariff item 2924 24 00 and the entries relating thereto, the following
shall be inserted, namely:-- |
|
|
|
"2924
25 00 |
-- |
Alachlor
(ISO) |
kg. |
10% |
- "; |
|
|
(xiii)
after tariff item 2926 30 00 and the entries relating thereto, the following
shall be inserted, namely:-- |
|
|
|
"2926
40 00 |
- |
Alpha-phenylacetoacetonitrile |
kg. |
10% |
- "; |
|
|
(xiv) for
tariff item 2930 50 00 and the entries relating thereto, the following shall
be substituted, namely:-- |
|
|
|
"2930
60 00 |
- |
2-(N,
N-Diethylamino) ethanethiol |
kg. |
10% |
- |
2930 70 00 |
- |
Bis(2-hydroxyethyl)
sulfide (thiodiglycol (INN)) |
kg. |
10% |
- |
2930 80 00 |
- |
Aldicarb
(ISO), captafol (ISO) and methamidophos (ISO) |
kg. |
10% |
- "; |
|
" - |
Other
organo-phosphorous derivatives: |
|
|
|
2931 31
00 |
-- |
Dimethyl
methylphosphonate |
kg. |
10% |
- |
2931 32 00 |
-- |
Dimethyl
propylphosphonate |
kg. |
10% |
- |
2931 33 00 |
-- |
Diethyl
ethylphosphonate |
kg. |
10% |
- |
2931 34 00 |
-- |
Sodium
3-(trihydroxysilyl) propyl methylphosphonate |
kg. |
10% |
- |
2931 35 00 |
-- |
2, 4,
6-Tripropyl-1, 3, 5, 2, 4, 6-trioxatriphosphinane 2, 4, 6-trioxide |
kg. |
10% |
- |
2931 36 00 |
-- |
(5-Ethyl-2-methyl-2-oxido-1,
3, 2-dioxaphosphinan-5-yl) methyl methyl methylphosphonate |
kg. |
10% |
- |
2931 37 00 |
-- |
Bis[(5-ethyl-2-methyl-2-oxido-1,
3, 2-dioxaphosphinan-5-yl) methyl] methylphosphonate |
kg. |
10% |
- |
2931 38 00 |
-- |
Salt of
methylphosphonic acid and (aminoiminomethyl) urea (1: 1) |
kg. |
10% |
- |
2931 39 00 |
-- |
Other |
kg. |
10% |
- "; |
|
|
(xvi)
after tariff item 2932 13 00 and the entries relating thereto, the following
shall be inserted, namely:-- |
|
|
|
"2932
14 00 |
-- |
Sucralose |
kg. |
10% |
- "; |
|
|
(xvii)
after tariff item 2933 91 00 and the entries relating thereto, the following
shall be inserted, namely:-- |
|
|
|
"2933
92 00 |
-- |
Azinphos-methyl
(ISO) |
kg. |
10% |
- "; |
|
|
(xviii)
for heading 2935, sub-heading 2935 00, tariff items 2935 00 11 to 2935 00 90
and the entries relating thereto, the following shall be substituted,
namely:-- |
|
|
|
"2935 |
|
SULPHONAMIDES |
|
|
|
2935 10 00 |
- |
N-Methylperfluorooctane
sulphonamide |
kg. |
10% |
- |
2935 20 00 |
- |
N-Ethylperfluorooctane
sulphonamide |
kg. |
10% |
- |
2935 30 00 |
- |
N-Ethyl-N-(2-hydroxyethyl)
perfluorooctane sulphonamide |
kg. |
10% |
- |
2935 40 00 |
- |
N-(2-Hydroxyethyl)-N-methylperfluorooctane
sulphonamide |
kg. |
10% |
- |
2935 50 00 |
- |
Other
perfluorooctane sulphonamides |
kg. |
10% |
- |
2935 90 |
- |
Other: |
|
|
|
|
--- |
Sulphamethoxazole,
sulphafurazole, sulphadiazine, sulphadimidine, sulphacetamide: |
|
|
|
2935 90 11 |
---- |
Sulphamethoxazole |
kg. |
10% |
- |
2935 90 12 |
---- |
Sulphafurazole |
kg. |
10% |
- |
2935 90 13 |
---- |
Sulphadiazine |
kg. |
10% |
- |
2935 90 14 |
---- |
Sulphadimidine |
kg. |
10% |
- |
2935 90 15 |
---- |
Sulphacetamide Sulphamethoxypyridarine,
sulphamethiazole, sulphamoxole, sulphamide: |
kg. |
10% |
- |
2935 90 21 |
---- |
Sulphamethoxypyridarine |
kg. |
10% |
- |
2935 90 22 |
---- |
Sulphamethiazole |
kg. |
10% |
- |
2935 90 23 |
---- |
Sulphamoxole |
kg. |
10% |
- |
2935 90 24 |
---- |
Sulphamide |
kg. |
10% |
- |
2935 90 90 |
--- |
Other |
kg. |
10% |
- "; |
|
|
(xix) for
the tariff item 2937 31 00 and the entries relating thereto, the following
shall be substituted, namely:-- |
|
|
|
"2937
31 00 |
-- |
Epinephrine |
kg. |
10% |
10%
"; |
|
|
(xx) in
the entry under column (2) occurring after tariff item 2937 90 90 and the
entries relating thereto, the word "VEGETABLE" shall be omitted; (xxi) for
heading 2939 and the entries relating thereto, the following shall be
substituted, namely:-- |
|
|
|
"2939 |
|
ALKALOIDS,
NATURAL OR REPRODUCED BY SYNTHESIS, AND THEIR SALTS, ETHERS, ESTERS AND OTHER
DERIVATIVES"; |
|
|
|
|
|
(xxii) for
tariff items 2939 69 00 to 2939 99 00 and the entries relating thereto, the
following shall be substituted, namely:-- |
|
|
|
"2939
69 00 |
--- |
Other Other, of
vegetal origin: |
kg. |
10% |
- |
2939 71 00 |
-- |
Cocaine,
ecgonine, levometamfetamine, metamfetamine (INN), metamfetamine racemate;
salts, esters and other derivatives thereof |
kg. |
10% |
- |
2939 79 00 |
-- |
Other |
kg. |
10% |
- |
2939 80 00 |
- |
Other |
kg. |
10% |
- "; |
|
|
(15) in
Chapter 30,-- (i) after
Note 4, the following shall be inserted, namely:-- "Sub-heading
Notes: 1. For the
purposes of sub-headings 3002 13 and 3002 14, the following are to be
treated: (a) as
unmixed products, pure products, whether or not containing impurities; (b) as
products which have been mixed: (1) the
products mentioned in (a) above dissolved in water or in other solvents; (2) the
products mentioned in (a) and (b) (1) above with an added stabiliser
necessary for their preservation or transport; and (3) the
products mentioned in (a), (b) (1) and (b) (2) above with any other additive. 2.
Sub-headings 3003 60 and 3004 60 cover medicaments containing artemisinin
(INN) for oral ingestion combined with other pharmaceutical active
ingredients, or containing any of the following active principles, whether or
not combined with other pharmaceutical active ingredients: amodiaquine (INN);
artelinic acid or its salts; artenimol (INN); artemotil (INN); artemether
(INN); artesunate (INN); chloroquine (INN); dihydroartemisinin (INN);
lumefantrine (INN); mefloquine (INN); piperaquine (INN); pyrimethamine (INN)
or sulfadoxine (INN)."; (ii) for
sub-heading 3002 10, tariff items 3002 10 11 to 3002 10 99 and the entries
relating thereto, the following shall be substituted, namely:-- |
|
|
|
|
" - |
Antisera,
other blood fractions and immunological products, whether or not modified or
obtained by biotechnological processes: |
|
|
|
3002 11
00 |
|
Malaria
diagnostic test kits |
kg. |
10% |
10% |
3002 12 |
-- |
Antisera
and other blood fractions: |
|
|
|
3002 12 10 |
--- |
For
diphtheria |
kg. |
10% |
10% |
3002 12
20 |
--- |
For
tetanus |
kg. |
10% |
10% |
3002 12
30 |
--- |
For rabies |
kg. |
10% |
10% |
3002 12
40 |
--- |
For snake
venom |
kg. |
10% |
10% |
3002 12 90 |
--- |
Other |
kg. |
10% |
10% |
3002 13 |
-- |
Immunological
products, unmixed, not put up in measured doses or in forms or packings for
retail sale: |
|
|
|
3002 13 10 |
--- |
Immunological
products, unmixed, not put up in measured doses or in forms or packings for
retail sale |
kg. |
10% |
10% |
3002 14 |
-- |
Immunological
products, mixed, not put up in measured doses or in forms or packings for
retail sale: |
|
|
|
3002 14 10 |
--- |
Immunological
products, mixed, not put up in measured doses or in forms or packings for
retail sale |
kg. |
10% |
10% |
3002 15 00 |
-- |
Immunological
products, put up in measured doses or in forms or packings for retail sale |
kg. |
10% |
10% |
3002 19 00 |
-- |
Other |
kg. |
10% |
10%"; |
|
|
(iii) for
tariff items 3003 20 00 to 3003 40 00 and the entries relating thereto, the
following shall be substituted, namely:-- |
|
|
|
"3003
20 00 |
- |
Other,
containing antibiotics |
kg. |
10% |
10% |
|
- |
Other,
containing hormones or other products of heading 2937: |
|
|
|
3003 31 00 |
-- |
Containing
insulin |
kg. |
10% |
10% |
3003 39 00 |
-- |
Other |
kg. |
10% |
10% |
|
- |
Other,
containing alkaloids or derivatives thereof: |
|
|
|
3003 41 00 |
-- |
Containing
ephedrine or its salts |
kg. |
10% |
10% |
3003 42 00 |
-- |
Containing
pseudoephedrine (INN) or its salts |
kg. |
10% |
10% |
3003 43 00 |
-- |
Containing
norephedrine or its salts |
kg. |
10% |
10% |
3003 49 00 |
-- |
Other |
kg. |
10% |
10% |
3003 60 00 |
- |
Other,
containing antimalarial active principles described in Sub-heading Note 2 to
this Chapter |
kg. |
10% |
10%"; |
|
|
(iv) in
heading 3004,-- (a) for
sub-heading 3004 20 and the entries relating thereto, the following shall be
substituted, namely:-- |
|
|
|
"3004
20 |
-- |
Other,
containing antibiotics:"; |
|
|
|
|
|
(b) for
tariff item 3004 20 99, sub-heading 3004 31 and the entries relating thereto,
the following shall be substituted, namely:-- |
|
|
|
"3004
20 99 |
---- |
Other |
kg. |
10% |
10% |
|
- |
Other,
containing hormones and other products of heading 2937: |
|
|
|
3004 31 |
-- |
Containing
insulin:"; |
|
|
|
|
|
(c) for
sub-heading 3004 40, tariff items 3004 40 10 to 3004 40 90 and the entries
relating thereto, the following shall be substituted, namely:-- |
|
|
|
|
" - |
Other,
containing alkaloids or derivatives thereof: |
|
|
|
3004 41 00 |
-- |
Containing
ephedrine or its salts |
kg. |
10% |
10% |
3004 42 00 |
-- |
Containing
pseudoephedrine (INN) or its salts |
kg. |
10% |
10% |
3004 43 00 |
-- |
Containing
norephedrine or its salts |
kg. |
10% |
10% |
3004 49 |
-- |
Other: |
|
|
|
3004 49 10 |
--- |
Atropin
and salts thereof |
kg. |
10% |
10% |
3004 49 20 |
--- |
Caffein
and salts thereof |
kg. |
10% |
10% |
3004 49 30 |
--- |
Codeine
and derivatives, with or without ephidrine hydrochloride |
kg. |
10% |
10% |
3004 49 40 |
--- |
Ergot
preparations, ergotamine and salts thereof |
kg. |
10% |
10% |
3004 49 50 |
--- |
Papavarine
hydrochloride |
kg. |
10% |
10% |
3004 49 60 |
--- |
Bromohexin
and solbutamol |
kg. |
10% |
10% |
3004 49 70 |
--- |
Theophylline
and salts thereof |
kg. |
10% |
10% |
3004 49
90 |
--- |
Other |
kg. |
10% |
10%"; |
|
|
(d) for
sub-heading 3004 50 and the entries relating thereto, the following shall be
substituted, namely:-- |
|
|
|
"3004
50 |
- |
Other,
containing vitamins or other products of heading 2936:"; |
|
|
|
|
|
(e) after
tariff item 3004 50 90 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
|
"3004
60 00 |
- |
Other,
containing antimalarial active principles described in Sub-heading Note 2 to
this Chapter |
kg. |
10% |
10%
"; |
|
|
(16) in
Chapter 31, in heading 3103, for tariff item 3103 10 00 and the entries
relating thereto, the following shall be substituted, namely:-- |
|
|
|
|
"- |
Superphosphates: |
|
|
|
3103 11 00 |
-- |
Containing
by weight 35 % or more of diphosphorus pentaoxide (P2O5) |
kg. |
10% |
- |
3103 19 00 |
-- |
Other |
kg. |
10% |
- "; |
|
|
(17) in
Chapter 37, in heading 3705, for tariff item 3705 10 00, sub-heading 3705 90,
tariff items 3705 90 10 and 3705 90 90 and the entries relating thereto, the
following shall be substituted, namely:-- |
|
|
|
"3705
00 00 |
- |
PHOTOGRAPHIC
PLATES AND FILM, EXPOSED AND DEVELOPED, OTHER THAN CINEMATOGRAPHIC FILM |
kg. |
10% |
- "; |
|
|
(18) in
Chapter 38,-- (i) for
Sub-heading Notes 1 and 2, the following shall be substituted, namely:-- '
Sub-heading Notes: 1.
Sub-headings 3808 52 and 3808 59 cover only goods of heading 3808, containing
one or more of the following substances: alachlor (ISO); aldicarb (ISO);
aldrin (ISO); azinphos-methyl (ISO); binapacryl (ISO); camphechlor (ISO)
(toxaphene); captafol (ISO); chlordane (ISO); chlordimeform (ISO);
chlorobenzilate (ISO); DDT (ISO) (clofenotane (INN), 1, 1, 1-trichloro-2,
2-bis(p-chlorophenyl) ethane); dieldrin (ISO, INN); 4, 6- dinitro-o-cresol
(DNOC (ISO)) or its salts; dinoseb (ISO), its salts or its esters; endosulfan
(ISO); ethylene dibromide (ISO) (1, 2-dibromoethane); ethylene dichloride
(ISO) (1, 2-dichloroethane); fluoroacetamide (ISO); heptachlor (ISO);
hexachlorobenzene (ISO); 1, 2, 3, 4, 5, 6- hexachlorocyclohexane (HCH (ISO)),
including lindane (ISO, INN); mercury compounds; methamidophos (ISO);
monocrotophos (ISO); oxirane (ethylene oxide); parathion (ISO);
parathion-methyl (ISO) (methylparathion); penta-and octabromodiphenyl ethers;
pentachlorophenol (ISO), its salts or its esters; perfluorooctane sulphonic
acid and its salts; perfluorooctane sulphonamides; perfluorooctane sulphonyl
fluoride; phosphamidon (ISO); 2, 4, 5-T (ISO) (2, 4, 5-trichlorophenoxyacetic
acid), its salts or its esters; tributyltin compounds. Sub-heading
3808 59 also covers dustable powder formulations containing a mixture of
benomyl (ISO), carbofuran (ISO) and thiram (ISO). 2.
Sub-headings 3808 61 to 3808 69 cover only goods of heading 3808, containing
alpha-cypermethrin (ISO), bendiocarb (ISO), bifenthrin (ISO), chlorfenapyr
(ISO), cyfluthrin (ISO), deltamethrin (INN, ISO), etofenprox (INN),
fenitrothion (ISO), lambda-cyhalothrin (ISO), malathion (ISO),
pirimiphos-methyl (ISO) or propoxur (ISO). 3.
Sub-headings 3824 81 to 3824 88 cover only mixtures and preparations
containing one or more of the following substances: oxirane (ethylene oxide),
polybrominated biphenyls (PBBs), polychlorinated biphenyls (PCBs),
polychlorinated terphenyls (PCTs), tris(2, 3-dibromopropyl) phosphate, aldrin
(ISO), camphechlor (ISO) (toxaphene), chlordane (ISO), chlordecone (ISO), DDT
(ISO) (clofenotane (INN), 1, 1, 1-trichloro-2, 2-bis(pchlorophenyl) ethane),
dieldrin (ISO, INN), endosulfan (ISO), endrin (ISO), heptachlor (ISO), mirex
(ISO), 1, 2, 3, 4, 5, 6-hexachlorocyclohexane (HCH (ISO)), including lindane
(ISO, INN), pentachlorobenzene (ISO), hexachlorobenzene (ISO),
perfluorooctane sulphonic acid, its salts, perfluorooctane sulphonamides,
perfluorooctane sulphonyl fluoride or tetra-, penta-, hexa-, hepta-or
octabromodiphenyl ethers. 4. For the
purposes of tariff items 3825 41 00 and 3825 49 00, "waste organic
solvents" are wastes containing mainly organic solvents, not fit for
further use as presented as primary products, whether or not intended for
recovery of solvents.'; (ii) for
sub-heading 3808 50 and tariff item 3808 50 00 and the entries relating
thereto, the following shall be substituted, namely:-- |
|
|
|
|
"- |
Goods
specified in Sub-heading Note 1 to this Chapter: |
|
|
|
3808 52 00 |
-- |
DDT (ISO)
(clofenotane (INN)), in packings of a net weight content not exceeding 300 g. |
kg. |
10% |
- |
3808 59 00 |
--- |
Other Goods
specified in Sub-heading Note 2 to this Chapter: |
kg. |
10% |
- |
3808 61 00 |
-- |
In
packings of a net weight content not exceeding 300 g |
kg. |
10% |
- |
3808 62 00 |
-- |
In
packings of a net weight content exceeding 300 g but not exceeding 7.5 kg. |
kg. |
10% |
- |
3808 69 00 |
-- |
Other |
kg. |
10% |
-"; |
|
|
(iii) for
sub-heading 3812 30 and tariff items 3812 30 10 to 3812 30 90 and the entries
relating thereto, the following shall be substituted, namely:-- |
|
|
|
|
" - |
Anti-oxidising
preparations and other compound stabilizers for rubber or plastics: |
|
|
|
3812 31 00 |
-- |
Mixtures
of oligomers of 2, 2, 4-trimethyl-1, 2-dihydroquinoline (TMQ) |
kg. |
10% |
- |
3812 39 |
-- |
Other: |
|
|
|
3812 39 10 |
--- |
Anti-oxidants
for rubber |
kg. |
10% |
- |
3812 39 20 |
--- |
Softeners
for rubber |
kg. |
10% |
- |
3812 39 30 |
--- |
Vulcanizing
agents for rubber |
kg. |
10% |
- |
3812 39 90 |
--- |
Other |
kg. |
10% |
-"; |
|
|
(iv) for
tariff items 3824 79 00 to 3824 83 00, sub-heading 3824 90, tariff items 3824
90 11 to 3824 90 90 and the entries relating thereto, the following shall be
substituted, namely:-- |
|
|
|
"3824
79 00 |
-- |
Other |
kg. |
10% |
- |
|
- |
Goods
specified in Sub-heading Note 3 to this Chapter: |
|
|
|
3824 81 00 |
-- |
Containing
oxirane (ethylene oxide) |
kg. |
10% |
- |
3824 82 00 |
-- |
Containing
polychlorinated biphenyls (PCBs), polychlorinated terphenyls (PCTs) or
polybrominated biphenyls (PBBs) |
kg. |
10% |
- |
3824 83 00 |
-- |
Containing
tris(2, 3-dibromopropyl) phosphate |
kg. |
10% |
- |
3824 84 00 |
-- |
Containing
aldrin (ISO), camphechlor (ISO) (toxaphene), chlordane (ISO), chlordecone
(ISO), DDT (ISO) (clofenotane (INN), 1, 1, 1- trichloro-2,
2-bis(p-chlorophenyl) ethane), dieldrin (ISO, INN), endosulfan (ISO), endrin
(ISO), heptachlor (ISO) or mirex (ISO) |
kg. |
10% |
- |
3824 85 00 |
-- |
Containing
1, 2, 3, 4, 5, 6-hexachlorocyclohexane (HCH (ISO)), including lindane (ISO,
INN) |
kg. |
10% |
- |
3824 86 00 |
-- |
Containing
pentachlorobenzene (ISO) or hexachlorobenzene (ISO) |
kg. |
10% |
- |
3824 87 00 |
-- |
Containing
perfluorooctane sulphonic acid, its salts, perfluorooctane sulphonamides, or
perfluorooctane sulphonyl fluoride |
kg. |
10% |
- |
3824 88 00 |
-- |
Containing
tetra-, penta-, hexa-hepta-or octabromodiphenyl ethers |
kg. |
10% |
- |
3824 91 00 |
-- |
Mixtures
and preparations consisting mainly of (5-ethyl-2-methyl-2-oxido-1, 3,
2-dioxaphosphinan-5-yl) methyl methyl methylphosphonate and
bis[(5-ethyl-2-methyl-2-oxido-1, 3, 2- dioxaphosphinan-5-yl) methyl]
methylphosphonate: |
|
|
|
3824 99 |
- |
Other: |
|
|
|
|
--- |
Ammoniacal
gas liquors and spent oxide produced in coal gas purification, case hardening
compound, heat transfer salts; mixture of diphenyl and diphenyl oxide as heat
transfer medium, mixed polyethylene glycols; salts for curing or salting,
surface tension reducing agents: |
|
|
|
3824 99 11 |
---- |
Ammoniacal
gas liquors and spent oxide produced in coal gas purification |
kg. |
10% |
- |
3824 99 12 |
---- |
Case
hardening compound |
kg. |
10% |
- |
3824 99 13 |
---- |
Heat
transfer salts |
kg. |
10% |
- |
3824 99 14 |
---- |
Mixture of
diphenyl and diphenyl oxide as heat transfer medium |
kg. |
10% |
- |
3824 99 15 |
---- |
Mixed
polyethylene glycols |
kg. |
10% |
- |
3824 99 16 |
---- |
Salts for
curing or salting |
kg. |
10% |
- |
3824 99 17 |
---- |
Surface
tension reducing agents |
kg. |
10% |
- |
|
--- |
Electroplating
salts; water treatment chemicals; ion exchanger, correcting fluid;
precipitated silica and silica gel; oil well chemical: |
|
|
|
3824 99
21 |
---- |
Electroplating
salts |
kg. |
10% |
- |
3824 99
22 |
---- |
Water
treatment chemicals; ion exchanger (INN) such as permiutits, zero-lites |
kg. |
10% |
- |
3824 99
23 |
---- |
Gramaphone
records making material |
kg. |
10% |
- |
3824 99
24 |
---- |
Correcting
fluid |
kg. |
10% |
- |
3824 99
25 |
---- |
Precipitated
silica and silica gel |
kg. |
10% |
- |
3824 99
26 |
---- |
Oil well
chemical |
kg. |
10% |
- |
|
--- |
Mixture
containing perhalogenated derivatives of acyclic hydrocarbons containing two
or more different halogens other than chlorine and fluorine; ferrite powder;
capacitor fluids-PCB type; dipping oil for treatment of grapes; Poly
brominated biphenyls, poly chlorinated biphenyls, Poly chlorinated
terphenyls, crocidolite; goods of a kind known as "hazardous
waste"; phosphogypsum: |
|
|
|
3824 99
31 |
---- |
Mixture
containing perhalogenated derivatives of acyclic hydrocarbons containing two
or more different halogens other than chlorine and fluorine |
kg. |
10% |
- |
3824 99
32 |
---- |
Ferrite
powder |
kg. |
10% |
- |
3824 99
33 |
---- |
Capacitor
fluids-PCB type |
kg. |
10% |
- |
3824 99
34 |
---- |
Dipping
oil for treatment of grapes |
kg. |
10% |
- |
3824 99
35 |
---- |
Poly
brominated biphenyls, poly chlorinated biphenyls, Poly chlorinated
terphenyls, crocidolite |
kg. |
10% |
- |
3824 99
36 |
---- |
Goods of a
kind known as "hazardous waste" |
kg. |
10% |
- |
3824 99
37 |
---- |
Phosphogypsum |
kg. |
10% |
- |
3824 99
38 |
---- |
Phosphonic
Acid, Methyl-compound with (aminoimino methyl) urea (1: 1) |
kg. |
10% |
- |
3824 99
90 |
--- |
Other |
kg. |
10% |
-"; |
|
|
(19) in
Chapter 39,-- (i) in
Note 2, in clause (z), after the words "propelling pencils", the
words ", and monopods, bipods, tripods and similar articles" shall
be inserted; (ii) in
Sub-heading Note 1, in clause (a), in sub-clause (2), after the figures
"3901 30,", the figures "3901 40," shall be inserted; (iii) in
heading 3901, after tariff item 3901 30 00 and the entries relating thereto,
the following shall be inserted, namely:-- |
|
|
|
"3901
40 00 |
- |
Ethylene-alpha-olefin
copolymers, having a specific gravity of less than 0.94 |
kg. |
10% |
-"; |
|
|
(iv) in
heading 3907, for sub-heading 3907 60 and tariff items 3907 60 10 to 3907 60
90 and the entries relating thereto, the following shall be substituted,
namely:-- |
|
|
|
|
" - |
Poly(ethylene terephthalate): |
|
|
|
3907 61 00 |
-- |
Having a
viscosity number of 78 ml/g or higher |
kg. |
10% |
- |
3907 69 |
-- |
Other: |
|
|
|
3907 69 10 |
--- |
Having a
viscosity number less than 78 ml/g but not less than 72 ml/g |
kg. |
10% |
- |
3907 69 20 |
--- |
Having a
viscosity number less than 72 ml/g but not less than 64 ml/g |
kg. |
10% |
- |
3907 69 90 |
--- |
Other |
kg. |
10% |
- "; |
|
|
(v) for
sub-heading 3909 30 and tariff items 3909 30 10 to 3909 30 90 and the entries
relating thereto, the following shall be substituted, namely:-- |
|
|
|
|
" - |
Other
amino-resins: |
|
|
|
3909 31
00 |
-- |
Poly(methylene
phenyl isocyanate) (crude MDI, polymeric MDI) |
kg. |
10% |
- |
3909 39 |
-- |
Other: |
|
|
|
3909 39 10 |
--- |
Poly(phenylene
oxide) |
kg. |
10% |
- |
3909 39 90 |
--- |
Other |
kg. |
10% |
-"; |
|
|
(20) in
Chapter 40, in heading 4011, for tariff items 4011 50 90 to 4011 99 00 and
the entries relating thereto, the following shall be substituted, namely:-- |
|
|
|
"4011
50 90 |
--- |
Other |
u |
10% |
- |
4011 70 00 |
- |
Of a kind
used on agricultural or forestry vehicles and machines |
u |
10% |
- |
4011 80 00 |
- |
Of a kind
used on construction, mining or industrial handling vehicles and machines |
u |
10% |
- |
4011 90 00 |
- |
Other |
u |
10% |
-"; |
|
|
(21) in
Chapter 42,-- (i) in heading
4202,-- (a) for
sub-heading 4202 22 and the entries relating thereto, the following shall be
substituted, namely:-- |
|
|
|
"4202
22 |
-- |
With outer
surface of sheeting of plastics or of textile materials: "; |
|
|
|
|
|
(b) for
sub-heading 4202 32 and the entries relating thereto, the following shall be
substituted, namely:-- |
|
|
|
"4202
32 |
-- |
With outer
surface of sheeting of plastics or of textile materials: "; |
|
|
|
|
|
(c) for
tariff item 4202 92 00 and the entries relating thereto, the following shall
be substituted, namely:-- |
|
|
|
"4202
92 00 |
-- |
With outer
surface of sheeting of plastics or of textile materials |
u |
10% |
-"; |
|
|
(22) in
Chapter 44,-- (i) in
Note 1, in clause (q), for the word "pencils", the words
"pencils, and monopods, bipods, tripods and similar articles" shall
be substituted; (ii) the
Sub-heading Note 2 shall be omitted; (iii) in
heading 4401,-- (a) for
sub-heading 4401 10, tariff items 4401 10 10, 4401 10 90 and the entries
relating thereto, the following shall be substituted, namely:-- |
|
|
|
|
" - |
Fuel wood,
in logs, in billets, in twigs, in faggots or in similar forms: |
|
|
|
4401 11 |
-- |
Coniferous: |
|
|
|
4401 11 10 |
--- |
In logs |
mt |
5% |
- |
4401 11 90 |
--- |
Other |
mt |
5% |
- |
4401 12 |
-- |
Non-coniferous: |
|
|
|
4401 12 10 |
--- |
In logs |
mt |
5% |
- |
4401 12 90 |
--- |
Other |
mt |
5% |
- "; |
|
|
(b) for
tariff items 4401 22 00 and 4401 31 00 and the entries relating thereto, the
following shall be substituted, namely:-- |
|
|
|
"4401
22 00 |
-- |
Non-coniferous |
mt |
5% |
- |
|
- |
Sawdust
and wood waste and scrap, agglomerated, in logs, briquettes, pellets or
similar forms: |
|
|
|
4401 31 00 |
-- |
Wood
pellets |
mt |
5% |
- "; |
|
|
(c) after
tariff item 4401 39 00 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
|
"4401
40 00 |
- |
Sawdust
and wood waste and scrap, not agglomerated |
mt |
5% |
- "; |
|
|
(iv) in
heading 4403,-- (a) for
tariff item 4403 10 00, sub-heading 4403 20 and tariff items 4403 20 10 to
4403 41 00 and the entries relating thereto, the following shall be
substituted, namely:-- |
|
|
|
|
"- |
Treated
with paint, stains, creosote or other preservatives: |
|
|
|
4403 11
00 |
-- |
Coniferous |
m3 |
5% |
- |
4403 12 00 - |
--- |
Non-coniferous Other,
coniferous: |
m3 |
5% |
- |
4403 21 |
-- |
Of pine
(Pinus spp.), of which any cross-sectional dimension is 15 cm or more: |
|
|
|
4403 21 10 |
--- |
Saw logs
and veneer logs |
m3 |
5% |
- |
4403 21 20 |
--- |
Poles,
pilings and posts |
m3 |
5% |
- |
4403 21 90 |
--- |
Other |
m3 |
5% |
- |
4403 22 |
-- |
Of pine
(Pinus spp.), other: |
|
|
|
4403 22 10 |
--- |
Saw logs
and veneer logs |
m3 |
5% |
- |
4403 22 20 |
--- |
Poles,
pilings and posts |
m3 |
5% |
- |
4403 22 90 |
--- |
Other |
m3 |
5% |
- |
4403 23 |
-- |
Of fir
(Abies spp.) and spruce (Picea spp.), of which any cross-sectional dimension
is 15 cm or more: |
|
|
|
4403 23 10 |
--- |
Saw logs
and veneer logs |
m3 |
5% |
- |
4403 23 20 |
--- |
Poles, pilings
and posts |
m3 |
5% |
- |
4403 23 90 |
--- |
Other |
m3 |
5% |
- |
4403 24 |
-- |
Of fir
(Abies spp.) and spruce (Picea spp.), other: |
|
|
|
4403 24 10 |
--- |
Saw logs
and veneer logs |
m3 |
5% |
- |
4403 24 20 |
--- |
Poles,
pilings and posts |
m3 |
5% |
- |
4403 24 90 |
--- |
Other |
m3 |
5% |
- |
4403 25 |
-- |
Other, of
which any cross-sectional dimension is 15 cm or more: |
|
|
|
4403 25
10 |
--- |
Saw logs
and veneer logs |
m3 |
5% |
- |
4403 25 20 |
--- |
Poles,
pilings and posts |
m3 |
5% |
- |
4403 25 90 |
--- |
Other |
m3 |
5% |
- |
4403
26 |
-- |
Other: |
|
|
|
4403 26
10 |
--- |
Saw logs
and veneer logs |
m3 |
5% |
- |
4403 26 20 |
--- |
Poles,
pilings and posts |
m3 |
5% |
- |
4403 26 90 |
--- |
Other |
m3 |
5% |
- |
|
- |
Other, of
tropical wood: |
|
|
|
4403 41 00 |
-- |
Dark red
meranti, light red meranti and meranti bakau |
m3 |
5% |
- "; |
|
|
(b) for
tariff item 4403 92 00 and the entries relating thereto, the following shall
be substituted, namely:-- |
|
|
|
"4403
93 00 |
-- |
Of beech
(Fagus spp.), of which any cross-sectional dimension is 15 cm or more |
m3 |
5% |
- |
4403 94 00 |
-- |
Of beech
(Fagus spp.), other |
m3 |
5% |
- |
4403 95 00 |
-- |
Of birch
(Betula spp.), of which any cross-sectional dimension is 15 cm or more |
m3 |
5% |
- |
4403 96 00 |
-- |
Of birch
(Betula spp.), other |
m3 |
5% |
- |
4403 97 00 |
-- |
Of poplar
and aspen (Populus spp.) |
m3 |
5% |
- |
4403 98 00 |
-- |
Of
eucalyptus (Eucalyptus spp.) |
m3 |
5% |
- "; |
|
|
(c) for
tariff item 4403 99 19 to 4403 99 21 and the entries relating thereto, the
following shall be substituted, namely:-- |
|
|
|
"4403
99 19 |
---- |
Rose Wood
(Dalbergea Latifolio) |
m3 |
5% |
- |
|
--- |
Sal
(Chorea robusta, Sandalwood (Santalum album), Semul (Bombax ceiba), Walnut
wood (Juglans binata), Anjam (Hardwickia binata), Sisso (Dalbergia sisso) and
White cedar (Dysozylum spp.) and the like: |
|
|
|
4403 99
21 |
---- |
Sal
(Chorea robusta) |
m3 |
5% |
- "; |
|
|
(d) the
tariff item 4403 99 26 and the entries relating thereto shall be omitted; (e) for
tariff item 4403 99 29 and the entries relating thereto, the following shall
be substituted, namely:-- |
|
|
|
"4403
99 90 |
--- |
Other |
m3 |
5% |
- "; |
|
|
(v) in
heading 4406, for tariff items 4406 10 00 and 4406 90 00 and the entries
relating thereto, the following shall be substituted, namely:-- |
|
|
|
|
"- |
Not
impregnated: |
|
|
|
4406 11 00 |
-- |
Coniferous |
kg. |
10% |
- |
4406 12 00 |
-- |
Non-coniferous |
kg. |
10% |
- |
|
- |
Other: |
|
|
|
4406 91 00 |
-- |
Coniferous |
kg. |
10% |
- |
4406 92 00 |
-- |
Non-coniferous |
kg. |
10% |
- "; |
|
|
(vi) in
heading 4407,-- (a) for
sub-heading 4407 10, tariff items 4407 10 10 to 4407 21 00 and the entries
relating thereto, the following shall be substituted, namely:-- |
|
|
|
|
" - |
Coniferous: |
|
|
|
4407 11 00 |
-- |
Of pine
(Pinus spp.) |
m3 |
10% |
- |
4407 12 00 |
-- |
Of fir
(Abies spp.) and Spruce (Picea spp.) |
m3 |
10% |
- |
4407 19 |
-- |
Other: |
|
|
|
4407 19 10 |
--- |
Douglas
fir (Pseudotsuga menziesii) |
m3 |
10% |
- |
4407 19 90 |
--- |
Other-Of
tropical wood: |
m3 |
10% |
- |
4407 21 00 |
-- |
Mahogany
(Swietenia spp.) |
m3 |
10% |
-"; |
|
|
(b) after
tariff item 4407 95 00 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
|
"4407
96 00 |
-- |
Of birch
(Betula spp.) |
m3 |
10% |
- |
4407 97 00 |
-- |
Of poplar
and aspen (Populus spp.) |
m3 |
10% |
-"; |
|
|
(c) tariff
item 4407 99 10 and the entries relating thereto shall be omitted; (vii) in
heading 4408,-- (a) for
tariff item 4408 10 90 to sub-heading 4408 31, and the entries relating
thereto, the following shall be substituted, namely:-- |
|
|
|
"4408
10 90 |
--- |
Other |
kg. |
10% |
- |
|
- |
Of
tropical wood: |
|
|
|
4408 31 |
-- |
Of Dark
red meranti, Light red meranti, Meranti bakau:"; |
|
|
|
|
|
(b) after
tariff item 4409 21 00 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
|
"4409
22 00 |
-- |
Of
tropical wood |
kg. |
10% |
-"; |
|
|
(viii) in
heading 4412,-- (a) for
sub-heading 4412 31 and the entries relating thereto, the following shall be
substituted, namely:-- |
|
|
|
"4412
31 |
-- |
With at
least one outer ply of tropical wood:"; |
|
|
|
|
|
(b) for
sub-heading 4412 32, tariff items 4412 32 10 to 4412 32 90, sub-heading 4412
39, tariff items 4412 39 10 to 4412 39 90 and the entries relating thereto,
the following shall be substituted, namely:-- |
|
|
|
"4412
33 |
-- |
Other,
with at least one outer ply of non-coniferous wood of the species alder
(Alnus spp.), ash (Fraxinus spp.), beech (Fagus spp.), birch (Betula spp.),
cherry (Prunus spp.), chestnut (Castanea spp.), elm (Ulmus spp.), eucalyptus
(Eucalyptus spp.), hickory (Carya spp.), horse chestnut (Aesculus spp.), lime
(Tilia spp.), maple (Acer spp.), oak (Quercus spp.), plane tree (Platanus
spp.), poplar and aspen (Populus spp.), robinia (Robinia spp.), tulipwood
(Liriodendron spp.) or walnut (Juglans spp.): |
|
|
|
4412 33 10 |
--- |
Decorative
plywood |
m3 |
10% |
- |
4412 33 20 |
--- |
Tea chest
panels, shooks whether or not packed in sets |
m3 |
10% |
- |
4412 33 30 |
--- |
Marine and
aircraft plywood |
m3 |
10% |
- |
4412 33 40 |
--- |
Cutting
and trimmings of plywood of width not exceeding 5 cm |
m3 |
10% |
- |
4412 33 90 |
--- |
Other |
m3 |
10% |
- |
4412 34 |
--- |
Other,
with at least one outer ply of non-coniferous wood not specified under
sub-heading 4412 33: |
|
|
|
4412 34 10 |
--- |
Decorative
plywood |
m3 |
10% |
- |
4412 34 20 |
--- |
Tea chest
panels, shooks whether or not packed in sets |
m3 |
10% |
- |
4412 34 30 |
--- |
Marine and
aircraft plywood |
m3 |
10% |
- |
4412 34 40 |
--- |
Cutting
and trimmings of plywood of width not exceeding 5 cm |
m3 |
10% |
- |
4412 34 90 |
--- |
Other |
m3 |
10% |
- |
4412
39 |
-- |
Other,
with both outer plies of coniferous wood: |
|
|
|
4412 39 10 |
--- |
Decorative
plywood |
m3 |
10% |
- |
4412 39 20 |
--- |
Tea chest
panels, shooks whether or not packed in sets |
m3 |
10% |
- |
4412 39 30 |
--- |
Marine and
aircraft plywood |
m3 |
10% |
- |
4412 39 40 |
--- |
Cutting
and trimmings of plywood of width not exceeding 5 cm |
m3 |
10% |
- |
4412 39 90 |
--- |
Other |
m3 |
10% |
- "; |
|
|
(ix) in
heading 4418, for tariff items 4418 71 00 to 4418 90 00 and the entries
relating thereto, the following shall be substituted, namely:-- |
|
|
|
|
" - |
Assembled
flooring panels: |
|
|
|
4418 73
00 |
-- |
Of bamboo
or with at least the top layer (wear layer) of bamboo |
kg. |
10% |
- |
4418 74 00 |
-- |
Other, for
mosaic floors |
kg. |
10% |
- |
4418 75 00 |
-- |
Other,
multilayer |
kg. |
10% |
- |
4418 79 00 |
-- |
Other |
kg. |
10% |
- |
|
- |
Other: |
|
|
|
4418 91 00 |
-- |
Of bamboo |
kg. |
10% |
- |
4418 99 00 |
-- |
Other |
kg. |
10% |
-"; |
|
|
(x) for
heading 4419, sub-heading 4419 00, tariff items 4419 00 10 and 4419 00 20 and
the entries relating thereto, the following shall be substituted, namely:-- |
|
|
|
"4419 |
|
TABLEWARE
AND KITCHENWARE, OF WOOD |
|
|
|
|
- |
Of bamboo: |
|
|
|
4419 11 00 |
-- |
Bread
boards, chopping boards and similar boards |
kg. |
10% |
- |
4419 12 00 |
-- |
Chopsticks |
kg. |
10% |
- |
4419 19 00 |
-- |
Other |
kg. |
10% |
- |
4419 90 |
-- |
Other: |
|
|
|
4419 90 10 |
--- |
Bread
boards, chopping boards and similar boards |
kg. |
10% |
- |
4419 90 20 |
--- |
Chopsticks |
kg. |
10% |
- |
4419 90 90 |
--- |
Other |
kg. |
10% |
-"; |
|
|
(xi) in
heading 4421, for sub-heading 4421 90, tariff items 4421 90 11 to 4421 90 90
and the entries relating thereto, the following shall be substituted, namely:-- |
|
|
|
|
" - |
Other: |
|
|
|
4421 91 |
-- |
Of bamboo: |
|
|
|
|
--- |
Spools,
cops, bobbins, sewing thread reels and the like of turned wood: |
|
|
|
4421 91 11 |
---- |
For cotton
machinery |
kg. |
10% |
- |
4422 91 12 |
---- |
For jute
machinery |
kg. |
10% |
- |
4423 91 13 |
---- |
For silk
regenerated and synthetic fibre machinery |
kg. |
10% |
- |
4424 91 14 |
---- |
For other
machinery |
kg. |
10% |
- |
4421 91 19 |
---- |
Other |
kg. |
10% |
- |
4421 91 20 |
--- |
Wood
Paving Blocks |
kg. |
10% |
- |
4421 91 30 |
--- |
Match
splints |
kg. |
10% |
- |
4421 91 40 |
--- |
Pencil slats |
kg. |
10% |
- |
4421 91 50 |
--- |
Parts of
wood, namely oars, paddles and rudders for ships, boats and other
similarfloating structures |
kg. |
10% |
- |
4421 91 60 |
--- |
Parts of
domestic decorative articles used as tableware and kitchenware |
kg. |
10% |
- |
4421 91 70 |
--- |
Articles
of densified wood not included or specified elsewhere |
kg. |
10% |
- |
4421 91 90 |
--- |
Other |
kg. |
10% |
- |
4421 99 |
-- |
Other: |
|
|
|
|
--- |
Spools,
cops, bobbins, sewing thread reels and the like of turned wood: |
|
|
|
4421 99 11 |
---- |
For cotton
machinery |
kg. |
10% |
- |
4421 99 12 |
---- |
For jute
machinery |
kg. |
10% |
- |
4421 99 13 |
---- |
For silk
regenerated and synthetic fibre machinery |
kg. |
10% |
- |
4421 99 14 |
---- |
For other
machinery |
kg. |
10% |
- |
4421 99 19 |
---- |
Other |
kg. |
10% |
- |
4421 99 20 |
--- |
Wood
Paving Blocks |
kg. |
10% |
- |
4421 99 30 |
--- |
Match
splints |
kg. |
10% |
- |
4421 99 40 |
--- |
Pencil
slats |
kg. |
10% |
- |
4421 99 50 |
--- |
Parts of
wood, namely oars, paddles and rudders for ships, boats and other
similarfloating structures |
kg. |
10% |
- |
4421 99 60 |
--- |
Parts of domestic
decorative articles used as tableware and kitchenware |
kg. |
10% |
- |
4421 99 70 |
--- |
Articles
of densified wood not included or specified elsewhere |
kg. |
10% |
- |
4421 99 90 |
--- |
Other |
kg. |
10% |
-"; |
|
|
(23) in
Chapter 48,-- (i) in
Note 4, after the words, figures and letters "more than 65 g/m?",
the words, brackets, figures and letters", and apply only to paper: (a)
in strips or rolls of a width exceeding 28 cm; or (b) in rectangular
(including square) sheets with one side exceeding 28 cm and the other side
exceeding 15 cm in the unfolded state" shall be inserted; (ii) in
Note 8, the figures and word "4801, and" shall be omitted; (24) in
Chapter 54,-- (i) in
heading 5402, for the entry in column (2) occurring after the entry against
the heading 5402, the following entry shall be substituted, namely:-- |
|
|
|
|
" - |
High
tenacity yarn of nylon or other polyamides, whether or not textured:"; |
|
|
|
|
|
(ii) for
sub-heading 5402 20 and the entries relating thereto, the following shall be
substituted, namely:-- |
|
|
|
"5402
20 |
-- |
High
tenacity yarn of polyesters, whether or not textured: "; |
|
|
|
|
|
(iii)
after tariff item 5402 52 00 and the entries relating thereto, the following
shall be inserted, namely:-- |
|
|
|
"5402
53 00 |
-- |
Of
polypropylene |
kg. |
10% |
-"; |
|
|
(iv) after
tariff item 5402 62 00 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
|
"5402
63 00 |
-- |
Of
polypropylene |
kg. |
10% |
-"; |
|
|
(25) in
Chapter 55,-- (i) for
heading 5502, sub-heading 5502 00, tariff items 5502 10 00 to 5502 90 00 and
the entries relating thereto, the following shall be substituted, namely:-- |
|
|
|
"5502 |
|
ARTIFICIAL
FILAMENT TOW |
|
|
|
5502 10 |
-- |
Of
cellulose acetate: |
|
|
|
5502 10 10 |
--- |
Viscose
rayon tow |
kg. |
10% |
- |
5502 10 90 |
--- |
Other |
kg. |
10% |
- |
5502 90 |
-- |
Other: |
|
|
|
5502 90 10 |
--- |
Viscose
rayon tow |
kg. |
10% |
- |
5502 90 90 |
--- |
Other |
kg. |
10% |
-"; |
|
|
(ii) after
tariff item 5506 30 00 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
|
"5506
40 00 |
- |
Of polypropylene |
kg. |
10% |
-"; |
|
|
(26) in
Chapter 56, for heading 5601, sub-heading 5601 21 and the entries relating
thereto, the following shall be substituted, namely:-- |
|
|
|
"5601 |
|
WADDING OF
TEXTILE MATERIALS AND ARTICLES THEREOF; TEXTILE FIBRES, NOT EXCEEDING 5 MM IN
LENGTH (FLOCK), TEXTILE DUST AND MILL NEPS |
|
|
|
|
- |
Wadding of
textile materials and articles thereof: |
|
|
|
5601 21 |
-- |
Of
cotton:"; |
|
|
|
|
|
(27) in
Chapter 57, in heading 5704, after tariff item 5704 10 00 and the entries
relating thereto, the following shall be inserted, namely:-- |
|
|
|
"5704
20 |
- |
Tiles,
having a maximum surface area exceeding 0.3 m? but not exceeding 1 m?: |
|
|
|
5704 20 10 |
--- |
Cotton |
m2 |
10% or Rs.
35 per sq. metre, whichever is higher |
- |
5704 20 20 |
--- |
Woollen, other
than artware |
m2 |
10% or Rs.
35 per sq. metre, whichever is higher |
- |
5704 20 90 |
--- |
Other |
m2 |
10% or Rs.
35 per sq. metre, whichever is higher |
- "; |
|
|
(28) in
Chapter 60,-- (i) after
Note 3, the following shall be inserted, namely:-- "Sub-heading
Note: Sub-heading
6005 35 covers fabrics of polyethylene monofilament or of polyester
multifilament, weighing not less than 30 g/m2 and not more than 55 g/m2,
having a mesh size of not less than 20 holes/cm2 and not more than 100
holes/cm2, and impregnated or coated with alpha-cypermethrin (ISO),
chlorfenapyr (ISO), deltamethrin (INN, ISO), lambda-cyhalothrin (ISO),
permethrin (ISO) or pirimiphos-methyl (ISO)."; (ii) for
tariff items 6005 31 00 to 6005 34 00 and the entries relating thereto, the
following shall be substituted, namely:-- |
|
|
|
"6005
35 00 |
-- |
Fabrics
specified in Sub-heading Note 1 to this Chapter |
kg. |
10% |
- |
6005 36 00 |
-- |
Other,
unbleached or bleached |
kg. |
10% |
- |
6005 37 00 |
-- |
Other,
dyed |
kg. |
10% |
- |
6005 38 00 |
-- |
Other, of
yarns of different colours |
kg. |
10% |
- |
6005 39 00 |
-- |
Other,
printed |
kg. |
10% |
-"; |
|
|
(29) in
Chapter 63,-- (i) after
Note 3, the following shall be inserted, namely:-- "Sub-heading
Note: Sub-heading
6304 20 covers articles made from fabrics, impregnated or coated with alpha-cypermethrin
(ISO), chlorfenapyr (ISO), deltamethrin (INN, ISO), lambda-cyhalothrin (ISO),
permethrin (ISO) or pirimiphosmethyl (ISO)."; (ii) in
heading 6304, after tariff item 6304 19 90 and the entries relating thereto,
the following shall be inserted, namely:-- |
|
|
|
"6304
20 00 |
- |
Bed nets,
of warp knit fabrics specified in Sub-heading Note 1 to this Chapter |
u |
10% |
-"; |
|
|
(30) in
Chapter 68, in Note 1, for clause (m), the following clause shall be
substituted, namely:-- "(m)
articles of heading 9602, if made of materials specified in Note 2 (b) to
Chapter 96, or of heading 9606 (for example, buttons), of heading 9609 (for
example, slate pencils), heading 9610 (for example, drawing slates) or of
heading 9620 (monopods, bipods, tripods and similar articles); or"; |
|
|
|
|
|
(31) in
Chapter 69,-- (i) for
heading 6907, sub-heading 6907 10, tariff items 6907 10 10 and 6907 10 90,
sub-heading 6907 90, tariff items 6907 90 10 and 6907 90 90 and the entries
relating thereto, the following shall be substituted, namely:-- |
|
|
|
"6907 |
|
CERAMIC
FLAGS AND PAVING, HEARTH OR WALL TILES; CERAMIC MOSAIC CUBES AND THE LIKE,
WHETHER OR NOT ON A BACKING; FINISHING CERAMICS |
|
|
|
|
- |
Flags and
paving, hearth or wall tiles, other than those of sub-headings 6907 30 and
6907 40: |
|
|
|
6907 21 00 |
-- |
Of a water
absorption coefficient by weight not exceeding 0.5% |
m2 |
10% |
- |
6907 22 00 |
-- |
Of a water
absorption coefficient by weight exceeding 0.5% but not exceeding 10% |
m2 |
10% |
- |
6907 23 00 |
-- |
Of a water
absorption coefficient by weight exceeding 10% |
m2 |
10% |
- |
6907 30 |
- |
Mosaic
cubes and the like, other than those of sub-heading 6907 40: |
|
|
|
6907 30 10 |
--- |
Mosaic
cubes and the like, other than those of sub-heading 6907 40 |
m2 |
10% |
- |
6907 40 |
- |
Finishing
ceramics: |
|
|
|
6907 40 10 |
--- |
Finishing
ceramics |
m2 |
10% |
-"; |
|
|
(ii) the
heading 6908, sub-heading 6908 10, tariff items 6908 10 10 to 6908 10 90,
sub-heading 6908 90 and tariff items 6908 90 10 to 6908 90 90 and the entries
relating thereto shall be omitted; (32) in
Section XV, in Note 1, for clause (m), the following clause shall be
substituted, namely:-- "(m)
hand sieves, buttons, pens, pencil-holders, pen nibs, monopods, bipods,
tripods and similar articles or other articles of Chapter 96 (miscellaneous
manufactured articles); or"; (33) in
Chapter 74, in Note 1, for clause (c), the following clause shall be
substituted, namely:-- "(c)
Master alloys Alloys
containing with other elements more than 10 per cent. by weight, of copper
not usefully malleable and commonly used as an additive in the manufacture of
other alloys or as de-oxidants, de-sulphuring agents or for similar uses in
the metallurgy of non-ferrous metals. However, copper phosphide (phosphor
copper) containing more than 15% by weight of phosphorous falls in heading
2853."; (34) in
Chapter 82, for the entry in column (2) occurring against the heading 8205,
for the words "MACHINE TOOLS", the words "MACHINE-TOOLS OR
WATER-JET CUTTING MACHINES" shall be substituted; (35) in
Chapter 83, for the entry occurring against heading 8308, the following shall
be substituted, namely:-- |
|
|
|
"8308 |
|
CLASPS,
FRAMES WITH CLASPS, BUCKLES, BUCKLE-CLASPS, HOOKS, EYES, EYELETS AND THE
LIKE, OF BASE METAL, OF A KIND USED FOR CLOTHING OR CLOTHING ACCESSORIES,
FOOTWEAR, JEWELLERY, WRIST WATCHES, BOOKS, AWNINGS, LEATHER GOODS, TRAVEL
GOODS OR SADDLERY OR FOR OTHER MADE UP ARTICLES; TUBULAR OR BIFURCATED
RIVETS, OF BASE METAL; BEADS AND SPANGLES, OF BASE METAL "; |
|
|
|
|
|
(36) in
Section XVI, in Note 1, for clause (q), the following clause shall be
substituted, namely:-- "(q)
typewriter or similar ribbons, whether or not on spools or in cartridges
(classified according to their constituent material, or in heading 9612 if
inked or otherwise prepared for giving impressions), or monopods, bipods,
tripods and similar articles, of heading 9620."; (37) in
Chapter 84,-- (i) in
Note 1,-- (A) in
clause (f), the word "or" shall be omitted; (B) after
clause (f), the following clause shall be inserted, namely:-- "(g)
radiators for the articles of Section XVII; or"; (C) the
existing clause (g) shall be re-lettered as (h); (ii) in
Note 2, in clause (e), for the words "machinery or plant", the
words "machinery, plant or laboratory equipment" shall be
substituted; (iii) in
Note 9, for clause (A), the following clause shall be substituted, namely:-- '(A) Notes
9 (a) and 9 (b) to Chapter 85 also apply with respect to the expressions
"semiconductor devices" and "electronic integrated
circuits", respectively, as used in this Note and in heading 8486.
However, for the purposes of this Note and of heading 8486, the expression
"semiconductor devices" also covers photosensitive semiconductor
devices and light-emitting diodes (LED).'; (iv) in
Sub-heading Notes,-- (A) the
following new Sub-heading Note 1 shall be inserted, namely:-- '1. For
the purposes of sub-heading 8465 20, the term "machining centres"
applies only to machine-tools for working wood, cork, bone, hard rubber, hard
plastics or similar hard materials, which can carry out different types of
machining operations by automatic tool change from a magazine or the like in
conformity with a machining programme.'; (B) the
existing Sub-heading Note 1 shall be re-numbered as Sub-heading Note 2 and
after Sub-heading Note 2 as so re-numbered, the following Sub-heading Note
shall be inserted, namely:-- '3. For
the purposes of sub-heading 8481 20, the expression "valves for
oleohydraulic or pneumatic transmissions" means valves which are used
specifically in the transmission of "fluid power" in a hydraulic or
pneumatic system, where the energy source is supplied in the form of
pressurised fluids (liquid or gas). These valves may be of any type (for
example, pressure-reducing type, check type). Sub-heading 8481 20 takes
precedence over all other sub-headings of heading 8481.'; (C) the
existing Sub-heading Note 2 shall be re-numbered as Sub-heading Note 4; (v) in
heading 8415, for sub-heading 8415 10 and the entries relating thereto, the
following shall be substituted, namely:-- |
|
|
|
'8415 10 |
- |
Of a kind
designed to be fixed to a window, wall, ceiling or floor, self-contained or
"split-system";'; |
|
|
|
|
|
(vi) in
heading 8424,-- (a) after
tariff item 8424 30 00 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
|
|
"- |
Agricultural
or horticultural sprayers: |
|
|
|
8424 41 00 |
-- |
Portable
sprayers |
u |
7.5% |
- |
8424 49 00 |
-- |
Other |
u |
7.5% |
-"; |
|
|
(b) for
tariff item 8424 81 00 and the entries relating thereto, the following shall
be substituted, namely:-- |
|
|
|
"8424
82 00 |
-- |
Agricultural
or horticultural |
u |
7.5% |
-"; |
|
|
(vii) in
heading 8432,-- (a) for
tariff item 8432 30 00 and the entries relating thereto, the following shall
be substituted, namely:-- |
|
|
|
|
"- |
Seeders,
planters and transplanters: |
|
|
|
8432 31 00 |
-- |
No-till
direct seeders, planters and transplanters |
u |
7.5% |
- |
8432 39 00 |
-- |
Other |
u |
7.5% |
-"; |
|
|
(b) for
tariff item 8432 40 00 and the entries relating thereto, the following shall
be substituted, namely:-- |
|
|
|
|
"- |
Manure
spreaders and fertiliser distributors: |
|
|
|
8432 41 00 |
-- |
Manure
spreaders |
u |
7.5% |
- |
8432 42 00 |
-- |
Fertiliser
distributors |
u |
7.5% |
-"; |
|
|
(viii) for
heading 8442 and the entries relating thereto, the following shall be
substituted, namely:-- |
|
|
|
"8442 |
|
MACHINERY,
APPARATUS AND EQUIPMENT (OTHER THAN THE MACHINES OF HEADINGS 8456 TO 8465)
FOR PREPARING OR MAKING PLATES, PRINTING COMPONENTS; PLATES, CYLINDERS AND
LITHOGRAPHIC STONES, PREPARED FOR PRINTING PURPOSES (FOR EXAMPLE, PLANED,
GRAINED OR POLISHED)"; |
|
|
|
|
|
(ix) in
heading 8456,-- (a) for
tariff item 8456 10 00 and the entries relating thereto, the following shall
be substituted, namely:-- |
|
|
|
|
"- |
Operated
by laser or other light or photon beam processes: |
|
|
|
8456 11 00 |
-- |
Operated
by laser |
u |
7.5% |
- |
8456 12 00 |
-- |
Operated
by other light or photon beam processes |
u |
7.5% |
-"; |
|
|
(b) after
tariff item 8456 30 00 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
|
"8456
40 00 |
- |
Operated
by plasma arc processes |
u |
7.5% |
- |
8456 50 00 |
- |
Water-jet
cutting machines |
u |
7.5% |
-"; |
|
|
(x) for
sub-heading 8459 40, tariff items 8459 40 10 to 8459 40 90 and the entries
relating thereto, the following shall be substituted, namely:-- |
|
|
|
|
"- |
Other
boring machines: |
|
|
|
8459 41 |
-- |
Numerically
controlled: |
|
|
|
8459 41 10 |
--- |
Jig boring
machines, horizontal |
u |
7.5% |
- |
8459 41 20 |
--- |
Fine
boring machines, horizontal |
u |
7.5% |
- |
8459 41 30 |
--- |
Fine
boring machines, vertical |
u |
7.5% |
- |
8459 41 90 |
--- |
Other |
u |
7.5% |
- |
8459 49 |
-- |
Other: |
|
|
|
8459 49 10 |
--- |
Jig boring
machines, horizontal |
u |
7.5% |
- |
8459 49 20 |
--- |
Fine
boring machines, horizontal |
u |
7.5% |
- |
8459 49 30 |
--- |
Fine
boring machines, vertical |
u |
7.5% |
- |
8459 49 90 |
--- |
Other |
u |
7.5% |
-"; |
|
|
(xi) for heading
8460, tariff items 8460 11 00 to 8460 21 00, sub-heading 8460 29, tariff
items 8460 29 10 to 8460 29 90 and the entries relating thereto, the
following shall be substituted, namely:-- |
|
|
|
"8460 |
|
MACHINE-TOOLS
FOR DEBURRING, SHARPENING, GRINDING, HONING, LAPPING, POLISHING OR OTHERWISE
FINISHING METAL, OR CERMETS BY MEANS OF GRINDING STONES, ABRASIVES OR
POLISHING PRODUCTS, OTHER THAN GEAR CUTTING, GEAR GRINDING OR GEAR FINISHING
MACHINES OF HEADING 8461 |
|
|
|
|
- |
Flat-surface
grinding machines: |
|
|
|
8460 12 00 |
-- |
Numerically
controlled |
u |
7.5% |
- |
8460 19 00 |
-- |
Other |
u |
7.5% |
- |
|
- |
Other
grinding machines: |
|
|
|
8460 22 00 |
-- |
Centreless
grinding machines, numerically controlled |
u |
7.5% |
- |
8460 23 00 |
-- |
Other
cylindrical grinding machines, numerically controlled |
u |
7.5% |
- |
8460 24 00 |
-- |
Other,
numerically controlled |
u |
7.5% |
- |
8460 29 |
-- |
Other: |
|
|
|
8460 29 10 |
--- |
Cylindrical
grinders |
u |
7.5% |
- |
8460 29 20 |
--- |
Internal
grinders |
u |
7.5% |
- |
8460 29 30 |
--- |
Centreless
grinders |
u |
7.5% |
- |
8460 29 40 |
--- |
Profile
grinders |
u |
7.5% |
- |
8460 29 90 |
--- |
Other |
u |
7.5% |
-"; |
|
|
(xii)
after tariff item 8465 10 00 and the entries relating thereto, the following
shall be inserted, namely:-- |
|
|
|
"8465
20 00 |
- |
Machining centres |
u |
7.5% |
-"; |
|
|
(xiii) in
heading 8466,-- (a) for
heading 8466, and the entries relating thereto, the following shall be
substituted, namely:-- |
|
|
|
"8466 |
|
PARTS AND
ACCESSORIES SUITABLE FOR USE SOLELY OR PRINCIPALLY WITH THE MACHINES OF HEADINGS
8456 TO 8465 INCLUDING WORK OR TOOL HOLDERS, SELF-OPENING DIEHEADS, DIVIDING
HEADS AND OTHER SPECIAL ATTACHMENTS FOR THE MACHINES; TOOL HOLDERS FOR ANY
TYPE OF TOOL, FOR WORKING IN THE HAND"; |
|
|
|
|
|
(b) for
sub-heading 8466 30 and the entries relating thereto, the following shall be
substituted, namely:-- |
|
|
|
"8466
30 |
- |
Dividing
heads and other special attachments for machines:"; |
|
|
|
|
|
(xiv) the
heading 8469, sub-heading 8469 00, tariff items 8469 00 10 to 8469 00 90 and
the entries relating thereto shall be omitted; (xv) in
heading 8472, for tariff item 8472 90 90 and the entries relating thereto the
following shall be substituted, namely:-- |
|
|
|
|
" --- |
Other: |
|
|
|
8472 90 91 |
---- |
Word-processing
machines |
u |
free |
- |
8472 90 92 |
---- |
Automatic
typewriters |
u |
10% |
- |
8472 90 93 |
---- |
Braille
typewriters, electric |
u |
7.5% |
- |
8472 90 94 |
---- |
Braille
typewriters, non-electric |
u |
7.5% |
- |
8472 90 95 |
---- |
Other
typewriters, electric or non-electric |
u |
10% |
- |
8472 90 99 |
---- |
Other |
u |
7.5% |
- "; |
|
|
(xvi) in
heading 8473,-- (a) for
heading 8473 and the entries relating thereto, the following shall be
substituted, namely:-- |
|
|
|
"8473 |
|
PARTS AND
ACCESSORIES (OTHER THAN COVERS, CARRYING CASES AND THE LIKE) SUITABLE FOR USE
SOLELY OR PRINCIPALLY WITH MACHINES OF HEADINGS 8470 TO 8472"; |
|
|
|
|
|
(b) the
tariff item 8473 10 00 and the entries relating thereto shall be omitted; (c) for
tariff item 8473 50 00 and the entries relating thereto, the following shall
be substituted, namely:-- |
|
|
|
"8473
50 00 |
- |
Parts and
accessories equally suitable for use with the machines of two or more of the
headings 8470 to 8472 |
u |
free |
-"; |
|
|
(38) in
Chapter 85,-- (i) in the
Notes, after Note 2, the following shall be inserted, namely:-- '3. For
the purposes of heading 8507, the expression "electric
accumulators" includes those presented with ancillary components which
contribute to the accumulator's function of storing and supplying energy or
protect it from damage, such as electrical connectors, temperature control
devices (for example, thermistors) and circuit protection devices. They may
also include a portion of the protective housing of the goods in which they
are to be used.'; (ii) the
existing Notes 3, 4, 5, 6, 7, 8 and 9 shall respectively be re-numbered as 4,
5, 6, 7, 8, 9 and 10; (iii) in
Note 9 as so re-numbered, in clause (b), after sub-clause (iii), the
following new sub-clause shall be inserted, namely:-- '(iv)
Multi-component integrated circuits (MCOs): a combination of one or more
monolithic, hybrid, or multi-chip integrated circuits with at least one of
the following components: silicon-based sensors, actuators, oscillators,
resonators or combinations thereof, or components performing the functions of
articles classifiable under headings 8532, 8533, 8541, or inductors
classifiable under heading 8504, formed to all intents and purposes
indivisibly into a single body like an integrated circuit, as a component of
a kind used for assembly onto a printed circuit board (PCB) or other carrier,
through the connecting of pins, leads, balls, lands, bumps, or pads. For the
purpose of this definition: (1)
"Components" may be discrete, manufactured independently then
assembled onto the rest of the MCO, or integrated into other components. (2)
"Silicon based" means built on a silicon substrate, or made of
silicon materials, or manufactured onto integrated circuit die. (3) (a)
"Silicon based sensors" consist of microelectronic or mechanical
structures that are created in the mass or on the surface of a semiconductor
and that have the function of detecting physical or chemical quantities and
transducing these into electric signals, caused by resulting variations in
electric properties or displacement of a mechanical structure. "Physical
or chemical quantities" relates to real world phenomena, such as
pressure, acoustic waves, acceleration, vibration, movement, orientation,
strain, magnetic field strength, electric field strength, light,
radioactivity, humidity, flow, chemicals concentration, etc. (b)
"Silicon based actuators" consist of microelectronic and mechanical
structures that are created in the mass or on the surface of a semiconductor
and that have the function of converting electrical signals into physical
movement. (c)
"Silicon based resonators" are components that consist of
microelectronic or mechanical structures that are created in the mass or on
the surface of a semiconductor and have the function of generating a
mechanical or electrical oscillation of a predefined frequency that depends
on the physical geometry of these structures in response to an external
input. (d)
"Silicon based oscillators" are active components that consist of
microelectronic or mechanical structures that are created in the mass or on
the surface of a semiconductor and that have the function of generating a
mechanical or electrical oscillation of a predefined frequency that depends
on the physical geometry of these structures.'; (iv) in
heading 8528, for tariff items 8528 41 00 to 8528 69 00 and the entries
relating thereto, the following shall be substituted, namely:-- |
|
|
|
"8528
42 00 |
-- |
Capable of
directly connecting to and designed for use with an automatic data processing
machine of heading 8471 |
u |
10% |
- |
8528 49
00 |
-- |
Other |
u |
10% |
- |
|
- |
Other
monitors: |
|
|
|
8528 52
00 |
-- |
Capable of
directly connecting to and designed for use with an automatic data processing
machine of heading 8471 |
u |
10% |
- |
8528 59
00 |
-- |
Other |
u |
10% |
- |
|
- |
Projectors: |
|
|
|
8528 62
00 |
-- |
Capable of
directly connecting to and designed for use with an automatic data processing
machine of heading 8471 |
u |
10% |
- |
8528 69
00 |
-- |
Other |
u |
10% |
-"; |
|
|
(v) for
tariff item 8531 20 00 and the entries relating thereto, the following shall
be substituted, namely:-- |
|
|
|
"8531
20 00 |
- |
Indicator
panels incorporating liquid crystal devices (LCD) or light-emitting diodes
(LED) |
u |
Free |
-"; |
|
|
(vi) in
heading 8539,-- (a) for
heading 8539 and the entries relating thereto, the following shall be
substituted, namely:-- |
|
|
|
"8539 |
|
ELECTRIC
FILAMENT OR DISCHARGE LAMPS INCLUDING SEALED BEAM LAMP UNITS AND ULTRA-VIOLET
OR INFRARED LAMPS, ARC LAMPS; LIGHT-EMITTING DIODE (LED) LAMPS"; |
|
|
|
|
|
(b) after
tariff item 8539 49 00 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
|
"8539
50 00 |
- |
Light-emitting
diode (LED) lamps |
u |
10% |
-"; |
|
|
(vii) in
heading 8541,-- (a) for
heading 8541 and the entries relating thereto, the following shall be
substituted, namely:-- |
|
|
|
"8541 |
|
DIODES,
TRANSISTORS AND SIMILAR SEMI-CONDUCTOR DEVICES; PHOTOSENSITIVE SEMI-CONDUCTOR
DEVICES; INCLUDING PHOTO VOLTAIC CELLS, WHETHER OR NOT ASSEMBLED IN MODULES
OR MADE UP INTO PANELS; LIGHT-EMITTING DIODES (LED); MOUNTED PIEZOELECTRIC
CRYSTALS"; |
|
|
|
|
|
(b) for
tariff item 8541 10 00 and the entries relating thereto, the following shall
be substituted, namely:-- |
|
|
|
"8541
10 00 |
- |
Diodes,
other than photosensitive or light-emitting diodes (LED) |
u |
Free |
-' |
|
|
(c) for
sub-heading 8541 40 and the entries relating thereto, the following shall be
substituted, namely:-- |
|
|
|
"8541
40 |
- |
Photosensitive
semi-conductor devices, including photo voltaic cells whether or not assembled
in modules or made up into panels; light-emitting diodes (LED):"; |
|
|
|
|
|
(39) in
Section XVII, in Note 2, for clause (e), the following clause shall be
substituted, namely:-- "(e)
machines and apparatus of headings 8401 to 8479, or parts thereof, other than
the radiators for the articles of this Section, articles of heading 8481 or
8482 or, provided they constitute integral parts of engines and motors,
articles of heading 8483;"; (40) in
Chapter 87,-- (i) in
heading 8701,-- (a) for
tariff item 8701 10 00, the following shall be substituted, namely:-- |
|
|
|
"8701
10 00 |
- |
Single
axle tractors |
u |
10% |
-"; |
|
|
(b) for
sub-heading 8701 90, tariff items 8701 90 10 and 8701 90 90 and the entries
relating thereto, the following shall be substituted, namely:-- |
|
|
|
|
" - |
Other, of
an engine power: |
|
|
|
8701 91
00 |
-- |
Not
exceeding 18 kW |
u |
10% |
- |
8701 92
00 |
-- |
Exceeding
18 kW but not exceeding 37 kW |
u |
10% |
- |
8701 93 00 |
-- |
Exceeding
37 kW but not exceeding 75 kW |
u |
10% |
- |
8701 94 00 |
-- |
Exceeding
75 kW but not exceeding 130 kW |
u |
10% |
- |
8701 95 00 |
-- |
Exceeding
130 kW |
u |
10% |
-"; |
|
|
(ii) in
heading 8702, for sub-heading 8702 10, tariff items 8702 10 11 to 8702 10 99,
sub-heading 8702 90, tariff items 8702 90 11 to 8702 90 99, the following
shall be substituted, namely:-- |
|
|
|
"8702
10 |
- |
With only
compression-ignition internal combustion piston engine (diesel or
semi-diesel): |
|
|
|
|
--- |
Vehicles
for transport of not more than 13 persons, including the driver: |
|
|
|
8702 10 11 |
---- |
Integrated
monocoque vehicle, air-conditioned |
u |
40% |
- |
8702 10 12 |
---- |
Integrated
monocoque vehicle, non air-conditioned |
u |
40% |
- |
8702 10 18 |
---- |
Other,
air-conditioned |
u |
40% |
- |
8702 10 19 |
---- |
Other, non
air-conditioned |
u |
40% |
- |
|
--- |
Other: |
|
|
|
8702 10 21 |
---- |
Integrated
monocoque vehicle, air-conditioned |
u |
40% |
- |
8702 10 22 |
---- |
Integrated
monocoque vehicle, non air-conditioned |
u |
40% |
- |
8702 10 28 |
---- |
Other,
air-conditioned |
u |
40% |
- |
8702 10 29 |
---- |
Other, non
air-conditioned |
u |
40% |
- |
8702 20 |
- |
With both compression-ignition
internal combustion piston engine (diesel or semi-diesel) and electric motor
as motors for propulsion: |
|
|
|
|
--- |
Vehicles
for transport of not more than 13 persons, including the driver: |
|
|
|
8702 20 11 |
---- |
Integrated
monocoque vehicle, air-conditioned |
u |
40% |
- |
8702 20 12 |
---- |
Integrated
monocoque vehicle, non air-conditioned |
u |
40% |
- |
8702 20 18 |
---- |
Other,
air-conditioned |
u |
40% |
- |
8702 20 19 |
---- |
Other, non
air-conditioned |
u |
40% |
- |
|
--- |
Other: |
|
|
|
8702 20 21 |
---- |
Integrated
monocoque vehicle, air-conditioned |
u |
40% |
- |
8702 20 22 |
---- |
Integrated
monocoque vehicle, non air-conditioned |
u |
40% |
- |
8702 20 28 |
---- |
Other,
air-conditioned |
u |
40% |
- |
8702 20 29 |
---- |
Other, non
air-conditioned |
u |
40% |
- |
8702 30 |
- --- |
With both spark-ignition
internal combustion reciprocating piston engine and electric motor as motors
for propulsion: Vehicles
for transport of not more than 13 persons, including the driver: |
|
|
|
8702 30 11 |
---- |
Integrated
monocoque vehicle, air-conditioned |
u |
40% |
- |
8702 30 12 |
---- |
Integrated
monocoque vehicle, non air-conditioned |
u |
40% |
- |
8702 30 18 |
---- |
Other,
air-conditioned |
u |
40% |
- |
8702 30 19 |
------- |
Other, non
air-conditioned Other: |
u |
40% |
- |
8702 30 21 |
---- |
Integrated
monocoque vehicle, air-conditioned |
u |
40% |
- |
8702 30 22 |
---- |
Integrated
monocoque vehicle, non air-conditioned |
u |
40% |
- |
8702 30 28 |
---- |
Other,
air-conditioned |
u |
40% |
- |
8702 30 29 |
---- |
Other, non
air-conditioned |
u |
40% |
- |
8702 40 |
- |
With only
electric motor for propulsion: |
|
|
|
|
--- |
Vehicles
for transport of not more than 13 persons, including the driver: |
|
|
|
8702 40 11 |
---- |
Integrated
monocoque vehicle, air-conditioned |
u |
40% |
- |
8702 40 12 |
---- |
Integrated
monocoque vehicle, non air-conditioned |
u |
40% |
- |
8702 40 18 |
---- |
Other,
air-conditioned |
u |
40% |
- |
8702 40 19 |
---- |
Other, non
air-conditioned |
u |
40% |
- |
|
--- |
Other: |
|
|
|
8702 40 21 |
---- |
Integrated
monocoque vehicle, air-conditioned |
u |
40% |
- |
8702 40 22 |
---- |
Integrated
monocoque vehicle, non air-conditioned |
u |
40% |
- |
8702 40 28 |
---- |
Other, air-conditioned |
u |
40% |
- |
8702 40 29 |
---- |
Other, non
air-conditioned |
u |
40% |
|
8702 90 |
- |
Other: |
|
|
|
|
--- |
Vehicles
for transport of not more than 13 persons, including the driver: |
|
|
|
8702 90 11 |
---- |
Integrated
monocoque vehicle, air-conditioned |
u |
40% |
- |
8702 90 12 |
---- |
Integrated
monocoque vehicle, non air-conditioned |
u |
40% |
- |
8702 90 18 |
---- |
Other,
air-conditioned |
u |
40% |
- |
8702 90 19 |
---- |
Other, non
air-conditioned |
u |
40% |
- |
|
--- |
Other: |
|
|
|
8702 90 21 |
---- |
Integrated
monocoque vehicle, air-conditioned |
u |
40% |
- |
8702 90 22 |
---- |
Integrated
monocoque vehicle, non air-conditioned |
u |
40% |
- |
8702 90 28 |
---- |
Other,
air-conditioned |
u |
40% |
- |
8702 90 29 |
---- |
Other, non air-conditioned |
u |
40% |
-"; |
|
|
(iii) in
heading 8703,-- (a) in the
entry in column (2) occurring after tariff item 8703 10 90 and the entries
relating thereto, after the word "with", the word "only"
shall be inserted; (b) in the
entry in column (2) occurring after tariff item 8703 24 99 and the entries
relating thereto, for the words "with compression ignition" the
words "with only compression-ignition" shall be substituted; (c) the
tariff items 8703 31 20 and 8703 32 20 and the entries relating thereto shall
be omitted; (d) after
tariff item 8703 33 99 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
|
"8703
40 |
- |
Other
vehicles, with both spark-ignition internal combustion reciprocating piston
engine and electric motor as motors for propulsion, other than those capable
of being charged by plugging to external source of electric power: |
|
|
|
8703 40
10 |
--- |
Vehicles
principally designed for transport of more than seven persons, including
driver |
u |
125% |
- |
8703 40
20 |
--- |
Specialised
transport vehicles such as ambulances, prison vans and the like |
u |
125% |
- |
8703 40 30 |
--- |
Motor cars |
u |
125% |
- |
8703 40 40 |
--- |
Three-wheeled
vehicles |
u |
125% |
- |
8703 40 90 |
--- |
Other |
u |
125% |
- |
8703 50 |
- |
Other
vehicles, with both compression-ignition internal combustion piston engine
(diesel or semi-diesel) and electric motor as motors for propulsion, other
than those capable of being charged by plugging to external source of
electric power: |
|
|
|
8703 50 10 |
--- |
Vehicles
principally designed for transport of more than seven persons, including
driver |
u |
125% |
- |
8703 50 20 |
--- |
Specialised
transport vehicles such as ambulances, prison vans and the like |
u |
125% |
- |
8703 50 30 |
--- |
Motor cars |
u |
125% |
- |
8703 50 40 |
--- |
Three-wheeled
vehicles |
u |
125% |
- |
8703 50 90 |
--- |
Other |
u |
125% |
- |
8703 60 |
- |
Other
vehicles, with both spark-ignition internal combustion reciprocating piston
engine and electric motor as motors for propulsion, capable of being charged
by plugging to external source of electric power: |
|
|
|
8703 60 10 |
--- |
Vehicles
principally designed for transport of more than seven persons, including
driver |
u |
125% |
- |
8703 60 20 |
--- |
Specialised
transport vehicles such as ambulances, prison vans and the like |
u |
125% |
- |
8703 60 30 |
--- |
Motor cars |
u |
125% |
- |
8703 60 40 |
--- |
Three-wheeled
vehicles |
u |
125% |
- |
8703 60 90 |
--- |
Other |
u |
125% |
- |
8703 70 |
- |
Other
vehicles, with both compression-ignition internal combustion piston engine
(diesel or semi-diesel) and electric motor as motors for propulsion, capable
of being charged by plugging to external source of electric power: |
|
|
|
8703 70 10 |
--- |
Vehicles
principally designed for transport of more than seven persons, including
driver |
u |
125% |
- |
8703 70 20 |
--- |
Specialised
transport vehicles such as ambulances, prison vans and the like |
u |
125% |
- |
8703 70
30 |
--- |
Motor cars |
u |
125% |
- |
8703 70 40 |
--- |
Three-wheeled
vehicles |
u |
125% |
- |
8703 70 90 |
--- |
Other |
u |
125% |
- |
8703 80 |
- |
Other
vehicles, with only electric motor for propulsion: |
|
|
|
8703 80 10 |
--- |
Vehicles
principally designed for transport of more than seven persons, including
driver |
u |
125% |
- |
8703 80 20 |
--- |
Specialised
transport vehicles such as ambulances, prison vans and the like |
u |
125% |
- |
8703 80 30 |
--- |
Motor cars |
u |
125% |
- |
8703 80 40 |
--- |
Three-wheeled
vehicles |
u |
125% |
- |
8703 80 90 |
--- |
Other |
u |
125% |
-"; |
|
|
(e) for
sub-heading 8703 90, tariff items 8703 90 10 and 8703 90 90 and the entries
relating thereto, the following shall be substituted, namely:-- |
|
|
|
"8703
90 00 |
- |
Other |
u |
125% |
-"; |
|
|
(iv) in
heading 8711,-- (a) after
tariff item 8711 50 00 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
|
"8711
60 |
- |
With
electric motor for propulsion: |
|
|
|
8711 60 10 |
--- |
Motor
cycles |
u |
100% |
- |
8711 60 20 |
--- |
Scooters |
u |
100% |
- |
8711 60 30 |
--- |
Mopeds |
u |
100% |
- |
8711 60 90 |
--- |
Others |
u |
100% |
-"; |
|
|
(b) for
sub-heading 8711 90, tariff items 8711 90 10 to 8711 90 99 and the entries
relating thereto, the following shall be substituted, namely:-- |
|
|
|
"8711
90 |
- |
Other: |
|
|
|
8711 90 10 |
--- |
Side cars |
u |
100% |
- |
8711 90 90 |
--- |
Other |
u |
100% |
-"; |
|
|
(41) in
Chapter 90,-- (i) in
Note 1,-- (A) in
clause (g), after the word "machine-tools", the words "or
water-jet cutting machines" shall be inserted; (B) after
clause (k), the following clause shall be inserted, namely:-- "(l)
monopods, bipods, tripods and similar articles, of heading 9620;"; (C) the
existing clauses (l) and (m) shall respectively be re-lettered as (m) and (n); (ii) in
heading 9006, the tariff item 9006 10 00 and the entries relating thereto
shall be omitted; (42) in
Chapter 92, in Note 1, for clause (d), the following clause shall be
substituted, namely:-- "(d)
brushes for cleaning musical instruments (heading 9603), or monopods, bipods,
tripods and similar articles (heading 9620); or"; (43) in
Chapter 94,-- (i) in
Note 1,-- (A) in
clause (k), the word "or" shall be omitted; (B) in
clause (l), the word "or" shall be inserted at the end; (C) after
clause (l), the following clause shall be inserted, namely:-- "(m)
monopods, bipods, tripods and similar articles (heading 9620)."; (ii) for
tariff item 9401 51 00 and the entries relating thereto, the following shall
be substituted, namely:-- |
|
|
|
"9401
52 00 |
-- |
Of bamboo |
u |
10% |
- |
9401 53 00 |
-- |
Of rattan |
u |
10% |
-"; |
|
|
(iii) for
tariff item 9403 81 00 and the entries relating thereto, the following shall
be substituted, namely:-- |
|
|
|
"9401
82 00 |
-- |
Of bamboo |
u |
10% |
- |
9401 83 00 |
-- |
Of rattan |
u |
10% |
-"; |
|
|
(iv) for
heading 9406, sub-heading 9406 00, tariff items 9406 00 11 to 9406 00 99 and
the entries relating thereto, the following shall be substituted, namely:-- |
|
|
|
"9406 |
|
PREFABRICATED
BUILDINGS |
|
|
|
9406
10 |
- |
Of wood: |
|
|
|
9406 10
10 |
--- |
Green-houses |
u |
10% |
- |
9406 10 20 |
--- |
For cold
storage |
u |
10% |
- |
9406 10 30 |
--- |
Silos for
storing ensilage |
u |
10% |
- |
9406 10 90 |
--- |
Other |
u |
10% |
- |
9406 90 - |
- |
Other: |
|
|
|
9406 90 10 |
--- |
Green-houses |
u |
10% |
- |
9406 90 20 |
--- |
For cold
storage |
u |
10% |
- |
9406 90 30 |
--- |
Silos for
storing ensilage |
u |
10% |
- |
9406 90 90 |
--- |
Other |
u |
10% |
-"; |
|
|
(44) in
Chapter 95,-- (i) in
Note 1,-- (A) for
clause (e), the following clause shall be substituted, namely:-- "(e)
fancy dress of textiles, of Chapter 61 or 62; sports clothing and special
articles of apparel of textiles, of Chapter 61 or 62, whether or not
incorporating incidentally protective components such as pads or padding in
the elbow, knee or groin areas (for example, fencing clothing or soccer
goalkeeper jerseys);"; (B) after
clause (t), the following clause shall be inserted, namely:-- "(u)
monopods, bipods, tripods and similar articles (heading 9620);"; (C) the
existing clauses (u) and (v) shall respectively be re-lettered as (v) and
(w); |
|
|
|
|
|
(45) in Chapter
96, after tariff item 9619 00 90 and the entries relating thereto, the
following shall be inserted, namely:-- |
|
|
|
"9620
00 00 |
- |
MONOPODS,
BIPODS, TRIPODS AND SIMILAR ARTICLES |
u |
10% |
-". |
Schedule V
THE FIFTH SCHEDULE
[See section 145 (i)]
In the Third
Schedule to the Central Excise Act,--
(a)
for S. Nos.
40 and 41 and the entries relating thereto, the following S. Nos. and entries
shall be substituted, namely:--
S. No. |
Heading,
sub-heading or tariff items |
Description
of goods |
(1) |
(2) |
(3) |
"40. |
3401 |
All goods |
41. |
3402 |
All
goods"; |
(b)
after S. No.
63 and the entries relating thereto, the following S. No. and entries shall be
inserted, namely:--
S. No. |
Heading,
sub-heading or tariff items |
Description
of goods |
(1) |
(2) |
(3) |
"63A. |
7607 |
All
goods"; |
(c)
after S.
No. 81C and the entries relating thereto, the following S. No. and entries
shall be inserted, namely:--
S. No. |
Heading,
sub-heading or tariff items |
Description
of goods |
(1) |
(2) |
(3) |
"81D. |
8517 62 |
Wrist
wearable devices (commonly known as smart watches)"; |
(d)
against S.
No. 100, in column (3), for the words "Parts, components and
assemblies", the words "Parts, components, accessories and
assemblies" shall be substituted;
(e)
against S.
No. 100A, in column (3), for the words "Parts, components and assemblies",
the words "Parts, components, accessories and assemblies" shall be
substituted.
Schedule VI
THE SIXTH SCHEDULE
[See section 145(ii)]
In the Third
Schedule to the Central Excise Act,--
(a)
against S.
No. 58, for the entry in column (3), the entry "vitrified tiles, whether
polished or not, glazed tiles" shall be substituted;
(b)
S. No. 59
and the entries relating thereto shall be omitted.
Schedule VII
THE SEVENTH SCHEDULE
[See section 146 (i)]
In the First
Schedule to the Central Excise Tariff Act,--
(a)
in Chapter
22, for the entries in column (4) occurring against tariff items 2202 10 10,
2202 10 20 and 2202 10 90, the entry "21%" shall be substituted;
(b)
in Chapter
24,--
(i)
for the
entries in column (4) occurring against tariff items 2401 10 10, 2401 10 20,
2401 10 30, 2401 10 40, 2401 10 50, 2401 10 60, 2401 10 70, 2401 10 80, 2401 10
90, 2401 20 10, 2401 20 20, 2401 20 30, 2401 20 40, 2401 20 50, 2401 20 60,
2401 20 70, 2401 20 80 and 2401 20 90, the entry "64%" shall be
substituted;
(ii)
for the
entry in column (4) occurring against tariff items 2402 10 10 and 2402 10 20,
the entry "12.5% or Rs. 3755 per thousand whichever is higher" shall
be substituted;
(iii)
for the
entry in column (4) occurring against tariff item 2402 90 10, the entry
"Rs. 3755 per thousand" shall be substituted;
(iv)
for the
entry in column (4) occurring against tariff items 2402 90 20 and 2402 90 90,
the entry "12.5% or Rs. 3755 per thousand, whichever is higher" shall
be substituted;
(v)
for the
entries in column (4) occurring against tariff items 2403 19 29, the entry
"Rs. 80 per thousand" shall be substituted;
(vi)
for the
entries in column (4) occurring against tariff items 2403 99 10, 2403 99 30 and
2403 99 90, the entry "81%" shall be substituted.
(c)
in Chapter
27, in the Supplementary Note,--
(i)
in clause
(e), for the figures "1460:2000", the figures "1460:2005"
shall be substituted;
(ii)
in clause
(f), for the figures "1460", the figures "15770:2008" shall
be substituted;
(d)
in Chapter
58, in heading 5801,-
(i)
in
sub-heading 5801 37, the entry in column (2) "--- Warp pile fabrics,
'epingle' (uncut):" shall be omitted;
(ii)
for tariff
items 5801 37 11 and 5801 37 19 and the entries relating thereto, the following
shall be substituted, namely:-
(1) |
(2) |
(3) |
(4) |
"5801
37 10 |
--- Warp
pile fabrics, uncut |
m? |
12.5%"; |
(e)
in Chapter
71, in heading 7104, for the tariff item 7104 90 00 and the entries relating
thereto, the following shall be substituted, namely:--
(1) |
(2) |
(3) |
(4) |
"7104
90 |
- Other: |
|
|
7104 90 10 |
---
Laboratory-created or laboratory grown or manmade or cultured or synthetic
diamonds |
c/k |
12.5% |
7104 90 90 |
--- Other |
kg. |
12.5%"; |
(f)
in Chapter
85, in heading 8525, the tariff item 8525 50 50 and the entries relating
thereto shall be omitted.
Schedule VIII
THE EIGHTH SCHEDULE
[See section 146 (ii)]
Tariff
Item |
|
Description
of goods |
Unit |
Rate of
Duty |
(1) |
|
(2) |
(3) |
(4) |
|
|
In the
First Schedule to the Central Excise Tariff Act, 1985,-- (1) in
Chapter 3,-- (i) in
Note 1, in clause (c), for the words "livers and roes", the words
"livers, roes and milt" shall be substituted; (ii) in
heading 0301, for tariff item 0301 93 00 and the entries relating thereto,
the following shall be substituted, namely:-- |
|
|
"0301
93 00 |
-- |
Carp
(Cyprinus spp., Carassius spp., Ctenopharyngodon idellus, Hypophthalmichthys
spp., Cirrhinus spp., Mylopharyngodon piceus, Catla catla, Labeo spp.,
Osteochilus hasselti, Leptobarbus hoeveni, Megalobrama spp.) |
kg. |
Nil
"; |
|
|
(iii) for
heading 0302, tariff items 0302 11 00 to 0302 85 00, sub-heading 0302 89,
tariff items 0302 89 10 to 0302 90 00 and the entries relating thereto, the
following shall be substituted, namely:-- |
|
|
"0302 |
|
FISH,
FRESH OR CHILLED, EXCLUDING FISH FILLETS AND OTHER FISH MEAT OF HEADING 0304 |
|
|
|
- |
Salmonidae,
excluding edible fish offal of sub-headings 0302 91 to 0302 99: |
|
|
0302 11 00 |
-- |
Trout
(Salmo trutta, Oncorhyncus mykiss, Oncorhyncus clarkii, Oncorhyncus
aguabonita, Oncorhyncus gilae, Oncorhyncus apache and Oncorhyncus
chrysogaster) |
kg. |
Nil |
0302 13 00 |
-- |
Pacific
salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta,
Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and
Oncorhynchus rhodurus) |
kg. |
Nil |
0302 14 00 |
-- |
Atlantic
salmon (Salmo salar) and Danube salmon (Hucho hucho) |
kg. |
Nil |
0302 19
00 |
-- |
Other |
kg. |
Nil |
|
- |
Flat fish
(Pleuronectidae, Bothidae, Cynoglossidae, Soleidae, Scophthalmidae and
Citharidae), excluding edible fish offal of sub-headings 0302 91 to 0301 99: |
|
|
0302 21 00 |
-- |
Halibut
(Rheinhardtius hippoglossidae, Hippoglossus hippoglossus, Hippoglossus
stenolepis) |
kg. |
Nil |
0302 22 00 |
-- |
Plaice
(Pleuronectes platessa) |
kg. |
Nil |
0302 23 00 |
-- |
Sole
(Solea spp.) |
kg. |
Nil |
0302 24 00 |
-- |
Turbots
(Psetta maxima) |
kg. |
Nil |
0302 29 00 |
-- |
Other |
kg. |
Nil |
|
- |
Tunas (of
the genus Thunnus), skipjack or stripe-bellied bonito (Euthynnus (Katsuwonus)
pelamis), excluding edible fish offal of sub-headings 0302 91 to 0301 99: |
|
|
0302 31
00 |
-- |
Albacore
or long finned tunas (Thunnus alalunga) |
kg. |
Nil |
0302 32 00 |
-- |
Yellowfin
tunas (Thunnus albacares) |
kg. |
Nil |
0302 33 00 |
-- |
Skipjack
or stripe-bellied bonito |
kg. |
Nil |
0302 34 00 |
-- |
Bigeye
tunas (Thunnus obesus) |
kg. |
Nil |
0302 35 00 |
-- |
Atlantic
and Pacific bluefin tunas (Thunnus thynnus, Thunnus orientalis) |
kg. |
Nil |
0302 36 00 |
-- |
Southern
bluefin tunas (Thunnus maccoyii) |
kg. |
Nil |
0302 39
00 |
-- |
Other |
kg. |
Nil |
|
- |
Herrings
(Clupea harengus, Clupea pallasii), anchovies (Engraulis spp.), sardines
(Sardina pilchardus, Sardinops spp.), sardinella (Sardinella spp.), brisling
or sprats (Sprattus sprattus), mackerel (Scomber scombrus, Scomber
australasicus, Scomber japonicus), Indian mackerels (Rastrelliger spp.),
seerfishes (Scomberomorus spp.), jack and horse mackerel (Trachurus spp.),
jacks, crevalles (Caranx spp.), cobia (Rachycentron canadum), silver pomfrets
(Pampus spp.), Pacific saury (Cololabis saira), scads (Decapterus spp.),
capelin (Mallotus villosus), Sword fish (Xiphias gladius), Kawakawa
(Euthynnus affinis), bonitos (Sarda spp.), marlins, sailfishes, spearfish
(Istiophoridae), excluding edible fish offal of sub-headings 0302 91 to 0302
99: |
|
|
0302 41 00 |
-- |
Herrings
(Clupea harengus, Clupea pallasii) |
kg. |
Nil |
0302 42 00 |
-- |
Anchovies
(Engraulis spp.) |
kg. |
Nil |
0302 43 00 |
-- |
Sardines
(Sardina pilchardus, Sardinops spp.), sardinella (Sardinella spp.), brisling
or sprats (Sprattus sprattus) |
kg. |
Nil |
0302 44 00 |
-- |
Mackerel
(Scomber scombrus, Scomber australasicus, Scomber japonicus) |
kg. |
Nil |
0302 45 00 |
-- |
Jack and
horse mackerel (Trachurus spp.) |
kg. |
Nil |
0302 46 00 |
-- |
Cobia
(Rachycentron canadum) |
kg. |
Nil |
0302 47 00 |
-- |
Sword fish
(Xiphias gladius) |
kg. |
Nil |
0302 49 00 |
-- |
Other |
kg. |
Nil |
|
- |
Fish of
the families Bregmacerotidae, Euclichthyidae, Gadidae, Macrouridae,
Melanonidae, Merlucciidae, Moridae and Muraenolepididae, excluding edible
fish offal of sub-headings 0302 91 to 0302 99: |
|
|
0302 51 00 |
-- |
Cod (Gadus
morhua, Gadus ogac, Gadus macrocephalus) |
kg. |
Nil |
0302 52 00 |
-- |
Haddock
(Melangrammus aegllefinus) |
kg. |
Nil |
0302 53 00 |
-- |
Coal fish
(Pollachinus virens) |
kg. |
Nil |
0302 54 00 |
-- |
Hake
(Merluccius spp., Urophycis spp.) |
kg. |
Nil |
0302 55 00 |
-- |
Alaska
Pollack (Theragra chalcogramma) |
kg. |
Nil |
0302 56 00 |
-- |
Blue
whittings (Micromesistius poutassou, Micromesistius australis) |
kg. |
Nil |
0302 59 00 |
-- |
Other |
kg. |
Nil |
|
- |
Tilapias
(Oreochromis spp.), catfish (Pangasius spp., Silurus spp., Clarias spp.,
Ictalurus spp.), carp (Cyprinus spp., Carassius spp., Ctenopharyngodon
idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus,
Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni,
Megalobrama spp.), eels (Anguilla spp.), Nile perch (Lates niloticus) and
snakeheads (Channa spp.), excluding edible fish offal of sub-headings 0302 91
to 0302 99: |
|
|
0302 71 00 |
-- |
Tilapias
(Oreochromis spp.) |
kg. |
Nil |
0302 72 00 |
-- |
Catfish
(Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.) |
kg. |
Nil |
0302 73 00 |
-- |
Carp
(Cyprinus spp., Carassius spp., Ctenopharyngodon idellus, Hypophthalmichthys
spp., Cirrhinus spp., Mylopharyngodon piceus, Catla catla, Labeo spp.,
Osteochilus hasselti, Leptobarbus hoeveni, Megalobrama spp.): |
kg. |
Nil |
0302 74 00 |
-- |
Eels
(Anguilla spp.) |
kg. |
Nil |
0302 79 00 |
-- |
Other |
kg. |
Nil |
|
- |
Other fish
excluding edible fish offal of sub-headings 0302 91 to 0302 99: |
|
|
0302 81 00 |
-- |
Dogfish
and other sharks |
kg. |
Nil |
0302 82 00 |
-- |
Rays and
skates (Rajidae) |
kg. |
Nil |
0302 83 00 |
-- |
Tooth fish
(Dissostichus spp.) |
kg. |
Nil |
0302 84 00 |
-- |
Seabass
(Dicentrarchus spp.) |
kg. |
Nil |
0302 85 00 |
-- |
Seabream
(Sparidae) |
kg. |
Nil |
0302 89 |
-- |
Other: |
|
|
0302 89 10 |
--- |
Hilsa (Tenualosa
ilisha) |
kg. |
Nil |
0302 89 20 |
--- |
Dara |
kg. |
Nil |
0302 89 30 |
--- |
Pomfret |
kg. |
Nil |
0302 89 90 |
--- |
Other |
kg. |
Nil |
|
- |
Livers,
roes, milt, fish fins, heads, tails, maws and other edible fish offal: |
|
|
0302 91 |
-- |
Livers,
roes and milt: |
|
|
0302 91 10 |
--- |
Livers,
roes and milt |
kg. |
Nil |
0302 92 |
-- |
Shark
fins: |
|
|
0302 92 10 |
--- |
Shark fins |
kg. |
Nil |
0302 99 |
-- |
Other: |
|
|
0302 99 10 |
--- |
Fish fins
other than shark fins; heads, tails and maws |
kg. |
Nil |
0302 99 90 |
--- |
Other
edible fish offal |
kg. |
Nil
"; |
|
|
(iv) for
heading 0303, tariff items 0303 11 00 to 0303 69 00, sub-heading 0303 81,
tariff items 0303 81 10 to 0303 84 00, sub-heading 0303 89, tariff items 0303
89 10 to 0303 89 99, sub-heading 0303 90, tariff items 0303 90 10 to 0303 90
90 and the entries relating thereto, the following shall be substituted,
namely:-- |
|
|
"0303 |
|
FISH,
FROZEN, EXCLUDING FISH FILLETS AND OTHER FISH MEAT OF HEADING 0304 |
|
|
|
- |
Salmonidae,
excluding edible fish offal of sub-headings 0303 91 to 0303 99: |
|
|
0303 11 00 |
-- |
Sockeye
salmon (red salmon) (Oncorhynchus nerka) |
kg. |
Nil |
0303 12 00 |
-- |
Other
Pacific salmon (Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus
tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus
rhodurus) |
kg. |
Nil |
0303 13 00 |
-- |
Atlantic
salmon (Salmo salar) and Danube salmon (Hucho hucho) |
kg. |
Nil |
0303 14 00 |
-- |
Trout
(Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarkii, Oncorhynchus
aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus
chrysogaster) |
kg. |
Nil |
0303 19 00 |
-- |
Other |
kg. |
Nil |
|
- |
Tilapias
(Oreochromis spp.), catfish (Pangasius spp., Silurus spp., Clarias spp.,
Ictalurus spp.), carp (Cyprinus carpio, Carassius carassius, Ctenopharyngodon
idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus,
Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni,
Megalobroma spp., eels (Anguilla spp.), Nile perch (Lates niloticus) and
snakeheads, (Channa spp.), excluding edible fish offal of sub-headings 0303
91 to 0303 99: |
|
|
0303 23 00 |
-- |
Tilapias
(Oreochromis spp.) |
kg. |
Nil |
0303 24 00 |
-- |
Catfish
(Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.) |
kg. |
Nil |
0303 25 00 |
-- |
Carp
(Cyprinus carpio, Carassius carassius, Ctenopharyngodon idellus,
Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus, Catla catla,
Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni, Megalobroma spp.) |
kg. |
Nil |
0303 26 00 |
-- |
Eels
(Anguilla spp.) |
kg. |
Nil |
0303 29 00 |
-- |
Other |
kg. |
Nil |
|
- |
Flat fish
(Pleuronectidae, Bothidae, Cynoglossidae, Soleidae, Scophthalmidae and
Citharidae), excluding edible fish offal of sub-headings 0303 91 to 0303 99: |
|
|
0303 31 00 |
-- |
Halibut
(Rheinhardtius hippoglossidae, Hippoglossus hippoglossus, Hippoglossus
stenolepis) |
kg. |
Nil |
0303 32 00 |
-- |
Plaice
(Pleuronectes platessa) |
kg. |
Nil |
0303 33 00 |
-- |
Sole
(Solea spp.) |
kg. |
Nil |
0303 34 00 |
-- |
Turbots
(Psetta maxima) |
kg. |
Nil |
0303 39 00 |
-- |
Other |
kg. |
Nil |
|
- |
Tunas (of
the genus Thunnus), skipjack or stripe-bellied bonito (Euthynnus (Katsuwonus)
pelamis), excluding edible fish offal of sub-headings 0303 91 to 0303 99: |
|
|
0303 41 00 |
-- |
Albacore
or long finned tunas (Thunnus alalunga) |
kg. |
Nil |
0303 42 00 |
-- |
Yellowfin
tunas (Thunnus albacares) |
kg. |
Nil |
0303 43 00 |
-- |
Skipjack
or stripe-bellied bonito |
kg. |
Nil |
0303 44 00 |
-- |
Bigeye
tunas (Thunnus obesus) |
kg. |
Nil |
0303 45 00 |
-- |
Atlantic
and Pacific bluefin tunas (Thunnus thynnus, Thunnus orientalis) |
kg. |
Nil |
0303 46 00 |
-- |
Southern
bluefin tunas (Thunnus maccoyii) |
kg. |
Nil |
0303 49 00 |
-- |
Other |
kg. |
Nil |
|
- |
Herrings
(Clupea harengus, Clupea pallasii), anchovies (Engraulis spp.), sardines
(Sardina pilchardus, Sardinops spp.), sardinella (Sardinella spp.), brisling
or sprats (Sprattus sprattus), mackerel (Scomber scombrus, Scomber
australasicus, Scomber japonicus), Indian mackerels (Rastrelliger spp.),
seerfishes (Scomberomorus spp.), jack and horse mackerel (Trachurus spp.),
jacks, crevalles (Caranx spp.), cobia (Rachycentron canadum), silver pomfrets
(Pampus spp.), Pacific saury (Cololabis saira), scads (Decapterusspp.),
capelin (Mallotus villosus), Sword fish (Xiphias gladius), Kawakawa
(Euthynnus affinis), bonitos (Sarda spp.), marlins, sailfishes, spearfish
(Istiophoridae), excluding edible fish offal of sub-headings 0303 91 to 0303
99: |
|
|
0303 51 00 |
-- |
Herrings
(Clupea harengus, Clupea pallasii) |
kg. |
Nil |
0303 53 00 |
-- |
Sardines
(Sardina pilchardus, Sardinops spp.), sardinella (Sardinella spp.), brisling
or sprats (Sprattus sprattus) |
kg. |
Nil |
0303 54 00 |
-- |
Mackerel
(Scomber scombrus, Scomber australasicus, Scomber japonicus) |
kg. |
Nil |
0303 55 00 |
-- |
Jack and
horse mackerel (Trachurus spp.) |
kg. |
Nil |
0303 56 00 |
-- |
Cobia
(Rachycentron canadum) |
kg. |
Nil |
0303 57 00 |
-- |
Sword fish
(Xiphias gladius) |
kg. |
Nil |
0303 59 00 |
-- |
Other |
kg. |
Nil |
|
- |
Fish of
the families Bregmacerotidae, Euclichthyidae, Gadidae, Macrouridae,
Melanonidae, Merlucciidae, Moridae and Muraenolepididae, excluding edible
fishoffal of sub-headings 0303 91 to 0303 99: |
|
|
0303 63 00 |
-- |
Cod (Gadus
morhua, Gadus ogac, Gadus macrocephalus) |
kg. |
Nil |
0303 64 00 |
-- |
Haddock
(Melanogrammus aeglefinus) |
kg. |
Nil |
0303 65 00 |
-- |
Coal fish
(Pollachius virens) |
kg. |
Nil |
0303 66 00 |
-- |
Hake
(Merluccius spp., Urophycis spp.) |
kg. |
Nil |
0303 67 00 |
-- |
Alaska
Pollack (Theragra chalcogramma) |
kg. |
Nil |
0303 68 00 |
-- |
Blue
whitings (Micromesistius poutassou, Micromesistiusaustralis) |
kg. |
Nil |
0303 69 00 |
-- |
Other |
kg. |
Nil |
|
- |
Other
fish, excluding edible fishoffal of sub-headings 0303 91 to 0303 99: |
|
|
0303 81 |
-- |
Dogfish
and other sharks: |
|
|
0303 81 10 |
--- |
Dogfish |
kg. |
Nil |
0303 81 90 |
--- |
Other
Sharks |
kg. |
Nil |
0303 82 00 |
-- |
Rays and
skates (Rajidae) |
kg. |
Nil |
0303 83 00 |
-- |
Tooth fish
(Dissostichus spp.) |
kg. |
Nil |
0303 84 00 |
-- |
Seabass
(Dicentrarchus spp.) |
kg. |
Nil |
0303 89 |
-- |
Other: |
|
|
0303 89 10 |
--- |
Hilsa
(Tenualosa ilisha) |
kg. |
Nil |
0303 89 20 |
--- |
Dara |
kg. |
Nil |
0303 89 30 |
--- |
Ribbon
fish |
kg. |
Nil |
0303 89 40 |
--- |
Seer |
kg. |
Nil |
0303 89 50 |
--- |
Pomfret
(transparent or silver or black) |
kg. |
Nil |
0303 89 60 |
--- |
Ghol |
kg. |
Nil |
0303 89 70 |
--- |
Threadfin |
kg. |
Nil |
0303 89 80 |
--- |
Croakers,
groupers and flounders |
kg. |
Nil |
0303 89 90 |
--- |
Other |
kg. |
Nil |
|
- |
Livers,
roes, milt, fish fins, heads, tails, maws and other edible fish offal: |
|
|
0303 91 |
-- |
Livers,
roes and milt: |
|
|
0303 91 10 |
--- |
Egg or egg
yolk of fish |
kg. |
Nil |
0303 91 90 |
--- |
Other |
kg. |
Nil |
0303 92 |
-- |
Shark
fins: |
|
|
0303 92 10 |
--- |
Shark fins |
kg. |
Nil |
0303 99 |
-- |
Other: |
|
|
0303 99 10 |
--- |
Fish fins
other than shark fins, heads, tails and maws |
kg. |
Nil |
0303 99 90 |
--- |
Other
edible fish offal |
kg. |
Nil
"; |
|
|
(v) in
heading 0304,-- (a) for
the entry in column (2) occurring after the entry against heading 0304, the
following shall be substituted, namely:-- |
|
|
|
"_ |
Fresh or
chilled fillets of tilapias (Oreochromis spp.), catfish (Pangasius spp.,
Silurus spp., Clarias spp., Ictalurus spp.), carp (Cyprinus spp., Carassius
spp., Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp.,
Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus hasselti,
Leptobarbus hoeveni, Megalobrama spp.), eels (Anguilla spp.), Nile perch
(Lates niloticus) and snakeheads (Channa spp.):"; |
|
|
|
|
(b) for
tariff items 0304 46 00 to 0304 99 00 and the entries relating thereto, the
following shall be substituted, namely:-- |
|
|
"0304
46 00 |
-- |
Tooth fish
(Dissostichus spp.) |
kg. |
Nil |
0304 47 00 |
-- |
Dogfish
and other sharks |
kg. |
Nil |
0304 48 00 |
-- |
Rays and
skates (Rajidae) |
kg. |
Nil |
0304 49 |
-- |
Other: |
|
|
0304 49 10 |
--- |
Hilsa
(Tenualosa ilisha) |
kg. |
Nil |
0304 49 30 |
--- |
Seer |
kg. |
Nil |
0304 49 40 |
--- |
Tuna |
kg. |
Nil |
0304 49 90 |
--- |
Other |
kg. |
Nil |
|
- |
Other,
fresh or chilled: |
|
|
0304 51 00 |
-- |
Tilapias
(Oreochromis spp.), catfish (Pangasius spp., Silurus spp., Clarias spp.,
Ictalurus spp.), carp (Cyprinus spp., Carassius spp., Ctenopharyngodon
idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus,
Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni,
Megalobrama spp.), eels (Anguilla spp.), Nile perch (Lates niloticus) and
snakeheads (Channa spp.) |
kg. |
Nil |
0304 52 00 |
-- |
Salmonidae |
kg. |
Nil |
0304 53 00 |
-- |
Fish of the
families Bregmacerotidae, Euclichthyidae, Gadidae, Macrouridae, Melanonidae,
Merlucciidae, Moridae and Muraenolepididae |
kg. |
Nil |
0304 54 00 |
-- |
Sword fish
(Xiphias gladius) |
kg. |
Nil |
0304 55 00 |
-- |
Tooth fish
(Dissostichus spp.) |
kg. |
Nil |
0304 56 00 |
-- |
Dogfish
and other sharks |
kg. |
Nil |
0304 57 00 |
-- |
Rays and
skates (Rajidae) |
kg. |
Nil |
0304 59 |
-- |
Other: |
|
|
0304 59 10 |
--- |
Hilsa
(Tenualosa ilisha) |
kg. |
Nil |
0304 59 30 |
--- |
Seer |
kg. |
Nil |
0304 59 40 |
--- |
Tuna |
kg. |
Nil |
0304 59 90 |
--- |
Other |
kg. |
Nil |
|
- |
Frozen fillets
of tilapias (Oreochromis spp.), catfish (Pangasius spp., Silurus spp.,
Clarias spp., Ictalurus spp.), carp (Cyprinus spp., Carassius spp.,
Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp.,
Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus hasselti,
Leptobarbus hoeveni, Megalobrama spp.), eels (Anguilla spp.), Nile perch
(Lates niloticus) and snakeheads (Channa spp.): |
|
|
0304 61 00 |
-- |
Tilapias
(Oreochromis spp.) |
kg. |
Nil |
0304 62 00 |
-- |
Catfish
(Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.) |
kg. |
Nil |
0304 63 00 |
-- |
Nile Perch
(Lates niloticus) |
kg. |
Nil |
0304 69 00 |
-- |
Other |
kg. |
Nil |
|
- |
Frozen
fillets of fish of Bregmacerotidae, Euclichthyidae, Gadidae, Macrouridae,
Melanonidae, Merlucciidae, Moridae and Muraenolepididae: |
|
|
0304 71 00 |
-- |
Cod (Gadus
morhua, Gadus ogac, Gadus macrocephalus) |
kg. |
Nil |
0304 72 00 |
-- |
Haddock
(Melanogrammus aeglefinus) |
kg. |
Nil |
0304 73 00 |
-- |
Coal fish
(Pollachius virens) |
kg. |
Nil |
0304 74 00 |
-- |
Hake
(Merluccius spp., Urophycis spp.) |
kg. |
Nil |
0304 75 00 |
-- |
Alaska
Pollack (Theragra chalcogramma) |
kg. |
Nil |
0304 79 00 |
-- |
Other |
kg. |
Nil |
|
- |
Frozen
fillets of other fish: |
|
|
0304 81 00 |
-- |
Pacific
salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta,
Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and
Oncorhynchus rhodurus), Atlantic salmon (Salmo salar) and Danube salmon
(Hucho hucho) |
kg. |
Nil |
0304 82 00 |
-- |
Trout
(Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarkii, Oncorhynchus
aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus
chrysogaster) |
kg. |
Nil |
0304 83 00 |
-- |
Flat fish
(Pleuronectidae, Bothidae, Cynoglossidae, Soleidae, Scophthalmidae and
Citharidae) |
kg. |
Nil |
0304 84 00 |
-- |
Sword fish
(Xiphias gladius) |
kg. |
Nil |
0304 85 00 |
-- |
Tooth fish
(Dissostichus spp.) |
kg. |
Nil |
0304 86 00 |
-- |
Herrings
(Clupea harengus, Clupea pallasii) |
kg. |
Nil |
0304 87 00 |
-- |
Tunas (of
the genus Thunnus), skipjack or stripe-bellied bonito (Euthynnus, Katsuwonus,
pelamis) |
kg. |
Nil |
0304 88 |
-- |
Dogfish, other
sharks Rays and skates (Rajidae): |
|
|
0304 88 10 |
-- |
-Dogfish |
kg. |
Nil |
0304 88 20 |
-- |
-Other
sharks |
kg. |
Nil |
0304 88 30 |
-- |
-Rays and
skates (Rajidae) |
kg. |
Nil |
0304 89 |
-- |
Other: |
|
|
0304 89 10 |
-- |
Hilsa
(Tenualosa ilisha) |
kg. |
Nil |
0304 89 30 |
-- |
-Seer |
kg. |
Nil |
0304 89 40 |
-- |
-Tuna |
kg. |
Nil |
0304 89 90 |
-- |
-Other |
kg. |
Nil |
|
- |
Other,
frozen: |
|
|
0304 91 00 |
-- |
Sword fish
(Xiphias gladius) |
kg. |
Nil |
0304 92 00 |
-- |
Tooth fish
(Dissostichus spp.) |
kg. |
Nil |
0304 93 00 |
-- |
Tilapias
(Oreochromis spp.), catfish (Pangasius spp., Silurus spp., Clarias spp.,
Ictalurus spp.), carp (Cyprinus spp., Carassius spp., Ctenopharyngodon
idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus,
Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni,
Megalobrama spp.), eels (Anguilla spp.), Nile perch (Lates niloticus) and
snakeheads (Channa spp.) |
kg. |
Nil |
0304 94 00 |
-- |
Alaska
Pollack (Theragra chalcogramma) |
kg. |
Nil |
0304 95 00 |
-- |
Fish of
the families Bregmacerotidae, Euclichthyidae, Gadidae, Macrouridae,
Melanonidae, Merlucciidae, Moridae and Muraenolepididae, Alaska Pollack
(Theragra chalcogramma) |
kg. |
Nil |
0304 96 00 |
-- |
Dogfish
and other sharks |
kg. |
Nil |
0304 97 00 |
-- |
Rays and
skates (Rajidae) |
kg. |
Nil |
0304 99 00 |
-- |
Other |
kg. |
Nil
"; |
|
|
(vi) in
heading 0305,-- (a) for
tariff item 0305 20 00 and the entries relating thereto, the following shall
be substituted, namely:-- |
|
|
"0305
20 00 |
- |
Livers,
roes and milt of fish, dried, smoked, salted or in brine |
kg. |
Nil
"; |
|
|
(b) for
tariff item 0305 31 00 and the entries relating thereto, the following shall
be substituted, namely:-- |
|
|
"0305
31 00 |
-- |
Tilapias
(Oreochromis spp.), catfish (Pangasius spp., Silurus spp., Clarias spp.,
Ictalurus spp.), carp (Cyprinus spp., Carassius spp., Ctenopharyngodon
idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus,
Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni,
Megalobrama spp.), eels (Anguilla spp.), Nile perch (Lates niloticus) and
snakeheads (Channa spp.) |
kg. |
Nil
"; |
|
|
(c) for
tariff item 0305 44 00 and the entries relating thereto, the following shall
be substituted, namely:-- |
|
|
"0305
44 00 |
-- |
Tilapias
(Oreochromis spp.), catfish (Pangasius spp., Silurus spp., Clarias spp.,
Ictalurus spp.), carp (Cyprinus spp., Carassius spp., Ctenopharyngodon
idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus,
Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni,
Megalobrama spp.), eels (Anguilla spp.), Nile perch (Lates niloticus) and
snakeheads (Channa spp.) |
kg. |
Nil
"; |
|
|
(d) after
tariff item 0305 51 00 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
"0305
52 00 |
-- |
Tilapias
(Oreochromis spp.), catfish (Pangasius spp., Silurus spp., Clarias spp.,
Ictalurus spp.), carp (Cyprinus spp., Carassius spp., Ctenopharyngodon
idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus,
Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni,
Megalobrama spp.), eels (Anguilla spp.), Nile perch (Lates niloticus) and
snakeheads (Channa spp.) |
kg. |
Nil |
0305 53 00 |
-- |
Fish of
the families Bregmacerotidae, Euclichthyidae, Gadidae, Macrouridae,
Melanonidae, Merlucciidae, Moridae and Muraenolepididae, other than cod
(Gadus morhua, Gadus ogac, Gadus macrocephalus) |
kg. |
Nil |
0305 54 00 |
-- |
Herrings
(Clupea harengus, Clupea pallasii), anchovies (Engraulis spp.), sardines
(Sardina pilchardus, Sardinops spp.), sardinella (Sardinella spp.), brisling
or sprats (Sprattus sprattus), mackerel (Scomber scombrus, Scomber
australasicus, Scomber japonicus), Indian mackerels (Rastrelliger spp.),
seerfishes (Scomberomorus spp.), jack and horse mackerel (Trachurus spp.),
jacks, crevalles (Caranx spp.), cobia (Rachycentron canadum), silver pomfrets
(Pampus spp.), Pacific saury (Cololabis saira), scads (Decapterus spp.),
capelin (Mallotus villosus), Sword fish (Xiphias gladius), Kawakawa
(Euthynnus affinis), bonitos (Sarda spp.), marlins, sailfishes, spearfish
(Istiophoridae) |
kg. |
Nil
"; |
|
|
(e) for
tariff item 0305 64 00 and the entries relating thereto, the following shall
be substituted, namely:-- |
|
|
"0305
64 00 |
-- |
Tilapias
(Oreochromis spp.), catfish (Pangasius spp., Silurus spp., Clarias spp.,
Ictalurus spp.), carp (Cyprinus spp., Carassius spp., Ctenopharyngodon
idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus,
Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni,
Megalobrama spp.), eels (Anguilla spp.), Nile perch (Lates niloticus) and
snakeheads (Channa spp.) |
kg. |
Nil
"; |
|
|
(vii) in
heading 0306, for tariff items 0306 19 00 to 0306 29 00 and the entries
relating thereto, the following shall be substituted, namely:-- |
|
|
"0306
19 00 |
--- |
Other,
including flours, meals and pellets of crustaceans, fit for human consumption Live,
fresh or chilled: |
kg. |
Nil |
0306 31 00 |
-- |
Rock
lobster and other sea crawfish (Palinurus spp., Jasus spp.) |
kg. |
Nil |
0306 32 00 |
-- |
Lobsters
(Homarus spp.) |
kg. |
Nil |
0306 33 00 |
-- |
Crabs |
kg. |
Nil |
0306 34 00 |
-- |
Norway
lobsters (Nephrops norvegicus) |
kg. |
Nil |
0306 35 00 |
-- |
Cold water
shrimps and prawns (Pandalus spp., Crangon crangon) |
kg. |
Nil |
0306 36 00 |
-- |
Other
shrimps and prawns |
kg. |
Nil |
0306 39 00 |
-- |
Other,
including flours, meals and pellets of crustaceans, fit for human consumption |
kg. |
Nil |
|
- |
Other: |
|
|
0306 91 00 |
-- |
Rock lobster
and other sea crawfish (Palinurus spp., Jasus spp.) |
kg. |
Nil |
0306 92 00 |
-- |
Lobsters
(Homarus spp.) |
kg. |
Nil |
0306 93 00 |
-- |
Crabs |
kg. |
Nil |
0306 94 00 |
-- |
Norway
lobsters (Nephrops norvegicus) |
kg. |
Nil |
0306 95 00 |
-- |
Shrimps
and prawns |
kg. |
Nil |
0306 99 00 |
-- |
Other,
including flours, meals and pellets of crustaceans, fit for human consumption |
kg. |
Nil"; |
|
|
(viii) in
heading 0307,-- (a) after
tariff item 0307 11 00 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
"0307
12 00 |
-- |
Frozen |
kg. |
Nil
"; |
|
|
(b) after
tariff item 0307 21 00 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
"0307
22 00 |
-- |
Frozen |
kg. |
Nil
"; |
|
|
(c) after
tariff item 0307 31 00 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
"0307
32 00 |
-- |
Frozen |
kg. |
Nil
"; |
|
|
(d) for
tariff items 0307 39 90 to 0307 49 90 and the entries relating thereto, the
following shall be substituted, namely:-- |
|
|
"0307
39 90 |
--- |
Other |
kg. |
Nil |
|
- |
Cuttle fish
and squid: |
|
|
0307 42 |
-- |
Live,
fresh or chilled: |
|
|
0307 42 10 |
--- |
Cuttle
fish |
kg. |
Nil |
0307 42 20 |
--- |
Squid |
kg. |
Nil |
0307 43 |
-- |
Frozen: |
|
|
0307 43 10 |
--- |
Cuttle
fish |
kg. |
Nil |
0307 43 20 |
--- |
Whole
squids |
kg. |
Nil |
0307 43 30 |
--- |
Squid
tubes |
kg. |
Nil |
0307 49 |
-- |
Other: |
|
|
0307 49 10 |
--- |
Cuttle
fish |
kg. |
Nil |
0307 49 20 |
--- |
Whole
squids |
kg. |
Nil |
0307 49 30 |
--- |
Squid
tubes |
kg. |
Nil |
0307 49 40 |
--- |
Dried
squids |
kg. |
Nil |
0307 49 90 |
--- |
Other |
kg. |
Nil
"; |
|
|
(e) after
tariff item 0307 51 00 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
"0307
52 00 |
-- |
Frozen |
kg. |
Nil
"; |
|
|
(f) after
tariff item 0307 71 00 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
"0307
72 00 |
-- |
Frozen |
kg. |
Nil
"; |
|
|
(g) for
tariff items 0307 79 00 to 0307 89 00 and the entries relating thereto, the
following shall be substituted, namely:-- |
|
|
"0307
79 00 |
-- |
Other |
kg. |
Nil |
|
- |
Abalone
(Haliotis Spp.) and stromboid conchs (Strombus spp.): |
|
|
0307 81 00 |
-- |
Live,
fresh or chilled abalone (Haliotis spp.) |
kg. |
Nil |
0307 82 00 |
-- |
Live,
fresh or chilled stromboid conchs (Strombus spp.) |
kg. |
Nil |
0307 83 00 |
-- |
Frozen
abalone (Haliotis spp.) |
kg. |
Nil |
0307 84 00 |
-- |
Frozen
stromboid conchs (Strombus spp.) |
kg. |
Nil |
0307 87 00 |
-- |
Other
abalone (Haliotis spp.) |
kg. |
Nil |
0307 88 00 |
-- |
Other
stromboid conchs (Strombus spp.) |
kg. |
Nil
"; |
|
|
(h) after
tariff item 0307 91 00 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
"0307
92 00 |
-- |
Frozen |
kg. |
Nil
"; |
|
|
(ix) in
heading 0308,-- (a) for
the entry in column (2) occurring after the entry against heading 0308, the
following shall be substituted, namely:-- "-Sea
cucumbers (Stichopus japonicus, Holothuroidea):"; (b) after
tariff item 0308 11 00 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
"0308
12 00 |
-- |
Frozen |
kg. |
Nil
"; |
|
|
(c) for
tariff items 0308 19 00 to 0308 21 00 and the entries relating thereto, the
following shall be substituted, namely:-- |
|
|
"0308
19 00 |
-- |
Other |
kg. |
Nil |
|
- |
Sea
urchins (Strongylocentrotus spp., Paracentrotus lividus, Loxechinus albus,
Echinus esculentus): |
|
|
0308 21 00 |
-- |
Live,
fresh or chilled |
kg. |
Nil |
0308 22 00 |
-- |
Frozen |
kg. |
Nil
"; |
|
|
(2) in
Chapter 4, in Note 4,-- (A) in clause
(a), the word "or" shall be omitted; (B) after
clause (a), the following clause shall be inserted, namely:-- "(b)
products obtained from milk by replacing one or more of its natural
constituents (for example, butyric fats) by another substance (for example,
oleic fats) (heading 1901 or 2106); or"; (C) the
existing clause (b) shall be re-lettered as (c); (3) in
Chapter 5, for Note 4, the following Note shall be substituted, namely:-- "4.
Throughout the Schedule, the expression "horsehair" means hair of
the manes or tails of equine or bovine animals. Heading 0511 covers, inter
alia, horsehair and horsehair waste, whether or not put up as a layer with or
without supporting material."; (4) in
Chapter 8, in heading 0805, for tariff item 0805 20 00 and the entries
relating thereto, the following shall be substituted, namely:-- |
|
|
|
"- |
Mandarins
(including tangerines and satsumas); clementines, wilkings and similar citrus
hybrids: |
|
|
0805 21 00 |
-- |
Mandarins
(including tangerines and satsumas) |
kg. |
Nil |
0805 22 00 |
-- |
Clementines |
kg. |
Nil |
0805 29 00 |
-- |
Other |
kg. |
Nil
"; |
|
|
(5) in
Chapter 12,-- (i) for
heading 1211 and the entries relating thereto, the following shall be
substituted, namely:-- |
|
|
"1211 |
|
PLANTS AND
PARTS OF PLANTS (INCLUDING SEEDS AND FRUITS), OF A KIND USED PRIMARILY IN
PERFUMERY, IN PHARMACY OR FOR INSECTICIDAL, FUNGICIDAL OR SIMILAR PURPOSE,
FRESH, CHILLED, FROZEN OR DRIED, WHETHER OR NOT CUT, CRUSHED OR
POWDERED"; |
|
|
|
|
(ii) after
tariff item 1211 40 00 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
"1211
50 00 |
- |
Ephedra |
kg. |
"; |
|
|
(6) in
Chapter 13, in heading 1302, after tariff item 1302 13 00 and the entries
relating thereto, the following shall be inserted, namely:-- |
|
|
"1302
14 00 |
-- |
Of ephedra |
kg. |
12.5%
"; |
|
|
(7) in
Chapter 16,-- (i) in
Sub-heading Note 1, for the words "as infant food", the words
"as food suitable for infants or young children" shall be
substituted; (ii) in
heading 1604, after tariff item 1604 17 00 and the entries relating thereto,
the following shall be inserted, namely:-- |
|
|
"1604
18 00 |
-- |
Shark fins |
kg. |
6% "; |
|
|
(8) in
Chapter 19, for sub-heading 1901 10 and the entries relating thereto, the
following shall be substituted, namely:-- |
|
|
"1901
10 |
- |
Preparations
suitable for infants or young children, put up for retail sale:"; |
|
|
|
|
(9) in
Chapter 20,-- (i) in
Sub-heading Note 1, for the words "as infant food", the words
"as food suitable for infants or young children" shall be
substituted; (ii) in Sub-heading Note 2, for the words "as infant
food", the words "as food suitable for infants or young
children" shall be substituted; (10) in
Chapter 21, in Sub-heading Note 3, for the words "as infant food",
the words "as food suitable for infants or young children" shall be
substituted; (11) in
Chapter 22,-- (i) for
sub-heading 2202 90, tariff items 2202 90 10 to 2202 90 90 and the entries
relating thereto, the following shall be substituted, namely:-- |
|
|
|
"- |
Other: |
|
|
2202 91 00 |
-- |
Non
alcoholic beer |
1 |
18% |
2202 99 |
-- |
Other: |
|
|
2202 99 10 |
--- |
Soya milk
drinks, whether or not sweetened or flavoured |
1 |
18% |
2202 99 20 |
--- |
Fruit pulp
or fruit juice based drink |
1 |
6% |
2202 99 30 |
--- |
Beverages
containing milk |
1 |
12.5% |
2202 99 90 |
--- |
Other |
1 |
12.5%
"; |
|
|
(ii) after
tariff item 2204 21 90 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
"2204
22 |
-- |
|
|
|
2204 22 10 |
--- |
|
|
|
2204 22 20 |
--- |
|
|
|
2204 22 90 |
--- |
|
-"; |
|
|
|
(iii) for
tariff item 2206 00 00 and the entries relating thereto, the following shall
be substituted, namely:-- |
|
|
"2206
00 00 |
- |
|
-"; |
|
|
|
(12) in
Chapter 27,-- (i) for
Sub-heading Note 4, the following shall be substituted, namely:-- '4. For
the purposes of sub-heading 2710 12, "light oils and preparations"
are those of which 90 % or more by volume (including losses) distil at 210 ?C
according to the ISO 3405 method (equivalent to the ASTM D 86 method).'; (ii) for
tariff item 2707 50 00 and the entries relating thereto, the following shall
be substituted, namely:-- |
|
|
"2707
50 00 |
- |
Other
aromatic hydrocarbon mixtures of which 65 % or more by volume (including
losses) distils at 250 ?C by the ISO 3405 method (equivalent to the ASTM D 86
method) |
kg. |
14%
"; |
|
|
(13) in
Chapter 28,-- (i) for
Note 7, the following shall be substituted, namely:-- "7.
Heading 2853 includes copper phosphide (phosphor copper) containing more than
15 % by weight of phosphorus."; (ii) after
tariff item 2811 11 00 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
"2811
12 00 |
-- |
Hydrogen
cyanide (hydrocyanic acid) |
kg. |
12.5%
"; |
|
|
(iii)
tariff item 2811 19 10 and the entries relating thereto shall be omitted; (iv) for
sub-heading 2812 10, tariff items 2812 10 10 to 2812 90 00 and the entries
relating thereto, the following shall be substituted, namely:-- |
|
|
|
"- |
Chlorides
and chloride oxides: |
|
|
2812 11 00 |
-- |
Carbonyl
dichloride (phosgene) |
kg. |
12.5% |
2812 12 00 |
-- |
Phosphorous
oxychloride |
kg. |
12.5% |
2812 13 00 |
-- |
Phosphorous
trichloride |
kg. |
12.5% |
2812 14 00 |
-- |
Phosphorous
pentachloride |
kg. |
12.5% |
2812 15 00 |
-- |
Sulphur
monochloride |
kg. |
12.5% |
2812 16 00 |
-- |
Sulphur
dichloride |
kg. |
12.5% |
2812 17 00 |
-- |
Thionyl
chloride |
kg. |
12.5% |
2812 19 |
-- |
Other: |
|
|
2812 19 10 |
--- |
Sulpur
oxychloride |
kg. |
12.5% |
2812 19 20 |
--- |
Silicon
tetrachloride |
kg. |
12.5% |
2812 19 30 |
--- |
Arsenous
trichloride |
kg. |
12.5% |
2812 19 90 |
--- |
Other |
kg. |
12.5% |
2812 90 00 |
- |
Other |
kg. |
12.5%
"; |
|
|
(v) the
heading 2848, sub-heading 2848 00, tariff items 2848 00 10 to 2848 00 90 and
the entries relating thereto shall be omitted; (vi) for
heading 2853, sub-heading 2853 00, tariff items 2853 00 10 to 2853 00 99 and
the entries relating thereto, the following shall be substituted, namely:-- |
|
|
"2853 |
|
PHOSPHIDES,
WHETHER OR NOT CHEMICALLY DEFINED, EXCLUDING FERROPHOSPHORUS; OTHER INORGANIC
COMPOUNDS (INCLUDING DISTILLED OR CONDUCTIVITY WATER AND WATER OF SIMILAR
PURITY); LIQUID AIR (WHETHER OR NOT RARE GASES HAVE BEEN REMOVED); COMPRESSED
AIR; AMALGAMS, OTHER THAN AMALGAMS OF PRECIOUS METALS |
|
|
2853 10 00 |
- |
Cyanogen
chloride (chlorcyan) |
kg. |
12.5% |
2853 90 |
- |
Other: |
|
|
2853 90 10 |
--- |
Distilled
or conductivity water and water of similar purity |
kg. |
12.5% |
2853 90 20 |
--- |
Liquid
air, whether or not rare gases have been removed |
kg. |
12.5% |
2853 90 30 |
--- |
Compressed
air |
kg. |
Nil |
2853 90 40 |
--- |
Amalgams,
other than of precious metals |
kg. |
12.5% |
2853 90 90 |
--- |
Other |
kg. |
12.5%
"; |
|
|
(14) in
Chapter 29,-- (i) after
tariff item 2903 82 00 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
"2903
83 00 |
-- |
Mirex
(ISO) |
kg. |
12.5%
"; |
|
|
(ii) after
tariff item 2903 92 29 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
"2903
93 00 |
-- |
Pentachlorobenzene
(ISO) |
kg. |
12.5% |
2903 94 00 |
-- |
Hexabromobiphenyls |
kg. |
12.5%
"; |
|
|
(iii) in
heading 2904,-- (a) after
tariff item 2904 20 90 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
|
"- |
Perfluorooctane
sulphonic acid, its salts and perfluorooctane sulphonyl fluoride: |
|
|
2904 31 00 |
-- |
Perfluorooctane
sulphonic acid |
kg. |
12.5% |
2904 32 00 |
-- |
Ammonium
perfluorooctane sulphonate |
kg. |
12.5% |
2904 33 00 |
-- |
Lithium perfluorooctane
sulphonate |
kg. |
12.5% |
2904 34 00 |
-- |
Potassium
perfluorooctane sulphonate |
kg. |
12.5% |
2904 35 00 |
-- |
Other
salts of perfluorooctane sulphonic acid |
kg. |
12.5% |
2904 36 00 |
-- |
Perfluorooctane
sulphonyl fluoride |
kg. |
12.5%
"; |
|
|
(b) for
sub-heading 2904 90, tariff items 2904 90 10 to 2904 90 90 and the entries
relating thereto, the following shall be substituted, namely:-- |
|
|
|
"- |
Other: |
|
|
2904 91 00 |
-- |
Trichloronitromethane
(chloropicrin) |
kg. |
12.5% |
2904 99 |
-- |
Other: |
|
|
2904 99 10 |
--- |
2, 5
dichloronitrobenzene |
kg. |
12.5% |
2904 99 20 |
--- |
Dinitrochlorebenzene |
kg. |
12.5% |
2904 99 30 |
--- |
Meta
nitrochlorobenzene |
kg. |
12.5% |
2904 99 40 |
--- |
Ortho
nitrochlorobenzene |
kg. |
12.5% |
2904 99 50 |
--- |
Para
nitrochlorobenzene |
kg. |
12.5% |
2904 99 60 |
--- |
2-nitrochlorotoluene |
kg. |
12.5% |
2904 99 70 |
--- |
Sodium
meta nitrochlorobenzene sulphonate |
kg. |
12.5% |
2904 99 90 |
--- |
Other |
kg. |
12.5%
"; |
|
|
(iv) after
tariff item 2910 40 00 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
"2910
50 00 |
- |
Endrin
(ISO) |
kg. |
12.5%
"; |
|
|
(v) in
heading 2914,-- (a) after
tariff item 2914 61 00 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
"2914
62 00 |
-- |
Coenzyme
Q10 (ubidecarenone (INN)) |
kg. |
12.5%
"; |
|
|
(b) for
sub-heading 2914 70, tariff items 2914 70 10 to 2914 70 90 and the entries
relating thereto, the following shall be substituted, namely:-- |
|
|
|
"_ |
Halogenated,
sulphonated, nitrated or nitrosated derivatives: |
|
|
2914 71 00 |
-- |
Chlordecone
(ISO) |
kg. |
12.5% |
2914 79 |
-- |
Other: |
|
|
2914 79 10 |
--- |
1-chloro
anthraquinone |
kg. |
12.5% |
2914 79 20 |
--- |
Musk
ketone |
kg. |
12.5% |
2914 79 90 |
--- |
Other |
kg. |
12.5%
"; |
|
|
(vi) after
tariff item 2918 16 90 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
"2918
17 00 |
-- |
2,
2-Diphenyl-2-hydroxyacetic acid (benzilic acid) |
kg. |
12.5%
"; |
|
|
(vii) for
sub-heading 2920 90, tariff items 2920 90 10 to 2920 90 44 and the entries
relating thereto, the following shall be substituted, namely:-- |
|
|
|
"_ |
Phosphite
esters and their salts; their halogenated, sulphonated, nitrated or
nitrosated derivatives: |
|
|
2920 21 00 |
-- |
Dimethyl
phosphite |
kg. |
12.5% |
2920 22 00 |
-- |
Diethyl
phosphite |
kg. |
12.5% |
2920 23 00 |
-- |
Trimethyl phosphite |
kg. |
12.5% |
2920 24 00 |
-- |
Triethyl
phosphite |
kg. |
12.5% |
2920 29 |
-- |
Other: |
|
|
2920 29 10 |
--- |
Dimethyl
sulphate |
kg. |
12.5% |
2920 29 20 |
--- |
Diethyl
sulphate |
kg. |
12.5% |
2920 29 30 |
--- |
Tris (2, 3
Dibromopropyl) phosphate |
kg. |
12.5% |
2920 29 90 |
--- |
Other |
kg. |
12.5% |
2920 30 00 |
- |
Endosulfan
(ISO) |
kg. |
12.5%
"; |
|
|
(viii) for
sub-heading 2921 19, tariff items 2921 19 11 to 2921 19 90 and the entries
relating thereto, the following shall be substituted, namely:-- |
|
|
"2921
12 00 |
-- |
2-(N, N-Dimethylamino)
ethylchloride hydrochloride |
kg. |
12.5% |
2921 13 00 |
-- |
2-(N,
N-Diethylamino) ethylchloride hydrochloride |
kg. |
12.5% |
2921 14 00 |
-- |
2-(N,
N-Diisopropylamino) ethylchloride hydrochloride |
kg. |
12.5% |
2921 19 |
-- |
Other: |
|
|
2921 19 10 |
--- |
2-Chloro
N, N-Diisopropyl ethylamine |
kg. |
12.5% |
2921 19 20 |
--- |
2-Chloro
N, N-Dimethyl ethanamine |
kg. |
12.5% |
2921 19 90 |
--- |
Other |
kg. |
12.5%
"; |
|
|
(ix) for
sub-heading 2922 12, tariff items 2922 12 10 to 2922 12 90 and the entries
relating thereto, the following shall be substituted, namely:-- |
|
|
"2922
12 00 |
-- |
Diethanolamine
and its salts |
kg. |
12.5%
"; |
|
|
(x) for
sub-heading 2922 13, tariff items 2922 13 10 to 2922 13 90, tariff item 2922
14 00, sub-heading 2922 19, tariff items 2922 19 40 to 2922 19 90 and the
entries relating thereto, the following shall be substituted, namely:-- |
|
|
"2922
14 00 |
-- |
Dextropropoxyphene
(INN) and its salts |
kg. |
12.5% |
2922 15 00 |
-- |
Triethanolamine |
kg. |
12.5% |
2922 16 00 |
-- |
Diethanolammonium
perfluorooctane sulphonate |
kg. |
12.5% |
2922 17 |
-- |
Methyldiethanolamine
and ethyldiethanolamine: |
|
|
2922 17 10 |
--- |
Methyldiethanolamine |
kg. |
12.5% |
2922 17 20 |
--- |
Ethyldiethanolamine |
kg. |
12.5% |
2922 18 00 |
-- |
2-(N,
N-Diisopropylamino) ethanol |
kg. |
12.5% |
2922 19 |
-- |
Other: |
|
|
2922 19 10 |
--- |
2-Hydroxy
N, N-Diisopropyl ethylamine |
kg. |
12.5% |
2922 19 90 |
--- |
Other |
kg. |
12.5%
"; |
|
|
(xi) after
tariff item 2923 20 90 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
"2923
30 00 |
- |
Tetraethylammonium
periluorooctane sulphonate |
kg. |
12.5% |
2923 40 00 |
- |
Didecyldimethylammonium
periluorooctane sulphonate |
kg. |
12.5%
"; |
|
|
(xii)
after tariff item 2924 24 00 and the entries relating thereto, the following
shall be inserted, namely:-- |
|
|
"2924
25 00 |
-- |
Alachlor
(ISO) |
kg. |
12.5%
"; |
|
|
(xiii)
after tariff item 2926 30 00 and the entries relating thereto, the following
shall be inserted, namely:-- |
|
|
"2926
40 00 |
- |
Alpha-phenylacetoacetonitrile |
kg. |
12.5%
"; |
|
|
(xiv) for
tariff item 2930 50 00 and the entries relating thereto, the following shall
be substituted, namely:-- |
|
|
"2930
60 00 |
- |
2-(N,
N-Diethylamino) ethanethiol |
kg. |
12.5% |
2930 70 00 |
- |
Bis(2-hydroxyethyl)
sulfide (thiodiglycol (INN)) |
kg. |
12.5% |
2930 80 00 |
- |
Aldicarb
(ISO), captafol (ISO) and methamidophos (ISO) |
kg. |
12.5%
"; |
|
|
(xv) after
tariff item 2931 20 00 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
|
"_ |
Other
organo-phosphorous derivatives: |
|
|
2931 31 00 |
-- |
Dimethyl
methylphosphonate |
kg. |
12.5% |
2931 32 00 |
-- |
Dimethyl
propylphosphonate |
kg. |
12.5% |
2931 33 00 |
-- |
Diethyl
ethylphosphonate |
kg. |
12.5% |
2931 34 00 |
-- |
Sodium
3-(trihydroxysilyl) propyl methylphosphonate |
kg. |
12.5% |
2931 35 00 |
-- |
2, 4,
6-Tripropyl-1, 3, 5, 2, 4, 6-trioxatriphosphinane 2, 4, 6-trioxide |
kg. |
12.5% |
2931 36 00 |
-- |
(5-Ethyl-2-methyl-2-oxido-1,
3, 2-dioxaphosphinan-5-yl) methyl methyl methylphosphonate |
kg. |
12.5% |
2931 37 00 |
-- |
Bis[(5-ethyl-2-methyl-2-oxido-1,
3, 2-dioxaphosphinan-5-yl)methyl] methylphosphonate |
kg. |
12.5% |
2931 38 00 |
-- |
Salt of methylphosphonic
acid and (aminoiminomethyl)urea (1: 1) |
kg. |
12.5% |
2931 39 00 |
-- |
Other |
kg. |
12.5%
"; |
|
|
(xvi)
after tariff item 2932 13 00 and the entries relating thereto, the following
shall be inserted, namely:-- |
|
|
"2932
14 00 |
-- |
Sucralose |
kg. |
12.5%
"; |
|
|
(xvii)
after tariff item 2933 91 00 and the entries relating thereto, the following
shall be inserted, namely:-- |
|
|
"2933
92 00 |
-- |
Azinphos-methyl
(ISO) |
kg. |
12.5%
"; |
|
|
(xviii)
for heading 2935, sub-heading 2935 00, tariff items 2935 00 11 to 2935 00 90
and the entries relating thereto, the following shall be substituted,
namely:-- |
|
|
"2935 |
|
SULPHONAMIDES |
|
|
2935 10 00 |
- |
N-Methylperfluorooctane
sulphonamide |
kg. |
12.5% |
2935 20 00 |
- |
N-Ethylperfluorooctane
sulphonamide |
kg. |
12.5% |
2935 30
00- |
- |
N-Ethyl-N-(2-hydroxyethyl)
perfluorooctane sulphonamide |
kg. |
12.5% |
2935 40
00- |
- |
N-(2-Hydroxyethyl)-N-methylperfluorooctane
sulphonamide |
kg. |
12.5% |
2935 50
00- |
- |
Other
perfluorooctane sulphonamides |
kg. |
12.5% |
2935 90- |
- |
Other: |
|
|
|
--- |
Sulphamethoxazole,
sulphafurazole, sulphadiazine, sulphadimidine, sulphacetamide: |
|
|
2935 90 11 |
---- |
Sulphamethoxazole |
kg. |
12.5% |
2935 90 12 |
---- |
Sulphafurazole |
kg. |
12.5% |
2935 90 13 |
---- |
Sulphadiazine |
kg. |
12.5% |
2935 90 14 |
---- |
Sulphadimidine |
kg. |
12.5% |
2935 90 15 |
---- |
Sulphacetamide |
kg. |
12.5% |
|
--- |
Sulphamethoxypyridarine,
sulphamethiazole, sulphamoxole, sulphamide: |
|
|
2935 90 21 |
---- |
Sulphamethoxypyridarine |
kg. |
12.5% |
2935 90 22 |
---- |
Sulphamethiazole |
kg. |
12.5% |
2935 90 23 |
---- |
Sulphamoxole |
kg. |
12.5% |
2935 90 24 |
---- |
Sulphamide |
kg. |
12.5% |
2935 90 90 |
--- |
Other |
kg. |
12.5%
"; |
|
|
(xix) for
the tariff item 2937 31 00 and the entries relating thereto, the following
shall be substituted, namely:-- |
|
|
"2937
31 00 |
-- |
Epinephrine |
kg. |
12.5%
"; |
|
|
(xx) in the
entry under column (2) occurring after tariff item 2937 90 90 and the entries
relating thereto, the word "VEGETABLE" shall be omitted; (xxi) for
heading 2939 and the entries relating thereto, the following shall be
substituted, namely:-- |
|
|
"2939 |
|
ALKALOIDS,
NATURAL OR REPRODUCED BY SYNTHESIS, AND THEIR SALTS, ETHERS, ESTERS AND OTHER
DERIVATIVES"; |
|
|
|
|
(xxii) for
tariff items 2939 69 00 to 2939 99 00 and the entries relating thereto, the
following shall be substituted, namely:-- |
|
|
"2939
69 00 |
-- |
Other |
kg. |
12.5% |
|
- |
Other, of
vegetal origin: |
|
|
2939 71 00 |
-- |
Cocaine,
ecgonine, levometamfetamine, metamfetamine (INN), metamfetamine racemate;
salts, esters and other derivatives thereof |
kg. |
12.5% |
2939 79 00 |
-- |
Other |
kg. |
12.5% |
2939 80 00 |
- |
Other |
kg. |
12.5%
"; |
|
|
(15) in
Chapter 30,-- (i) after
Note 4, the following shall be inserted, namely:-- "Sub-heading
Notes: 1.
For the purposes of sub-headings 3002 13 and 3002 14, the following are to be
treated: (a)
as unmixed products, pure products, whether or not containing impurities; (b)
as products which have been mixed: (1)
the products mentioned in (a) above dissolved in water or in other solvents; (2)
the products mentioned in (a) and (b) (1) above with an added stabiliser
necessary for their preservation or transport; and (3) the
products mentioned in (a), (b) (1) and (b) (2) above with any other additive. 2.
Sub-headings 3003 60 and 3004 60 cover medicaments containing artemisinin
(INN) for oral ingestion combined with other pharmaceutical active
ingredients, or containing any of the following active principles, whether or
not combined with other pharmaceutical active ingredients: amodiaquine (INN);
artelinic acid or its salts; artenimol (INN); artemotil (INN); artemether
(INN); artesunate (INN); chloroquine (INN); dihydroartemisinin (INN);
lumefantrine (INN); mefloquine (INN); piperaquine (INN); pyrimethamine (INN)
or sulfadoxine (INN)."; (ii) for
sub-heading 3002 10, tariff items 3002 10 11 to 3002 10 99 and the entries
relating thereto, the following shall be substituted, namely:-- |
|
|
|
"_ |
Antisera,
other blood fractions and immunological products, whether or not modified or
obtained by biotechnological processes: |
|
|
3002 11 00 |
-- |
Malaria
diagnostic test kits |
kg. |
6% |
3002 12 |
-- |
Antisera
and other blood fractions: |
|
|
3002 12 10 |
--- |
For
diphtheria |
kg. |
Nil |
3002 12 20 |
--- |
For
tetanus |
kg. |
Nil |
3002 12 30 |
--- |
For rabies |
kg. |
Nil |
3002 12 40 |
--- |
For snake
venom |
kg. |
Nil |
3002 12 90 |
--- |
Other |
kg. |
Nil |
3002 13 |
-- |
Immunological
products, unmixed, not put up in measured doses or in forms or packings for
retail sale: |
|
|
3002 13 10 |
--- |
Immunological
products, unmixed, not put up in measured doses or in forms or packings for
retail sale |
kg. |
6% |
3002 14 |
-- |
Immunological
products, mixed, not put up in measured doses or in forms or packings for
retail sale: |
|
|
3002 14 10 |
--- |
Immunological
products, mixed, not put up in measured doses or in forms or packings for
retail sale |
kg. |
6% |
3002 15 00 |
-- |
Immunological
products, put up in measured doses or in forms or packings for retail sale |
kg. |
6% |
3002 19 00 |
-- |
Other |
kg. |
6% "; |
|
|
(iii) for
tariff items 3003 20 00 to 3003 40 00 and the entries relating thereto, the
following shall be substituted, namely:-- |
|
|
"3003
20 00 |
- |
Other,
containing antibiotics |
kg. |
6% |
|
- |
Other,
containing hormones or other products of heading 2937: |
|
|
3003 31 00 |
-- |
Containing
insulin |
kg. |
6% |
3003 39 00 |
-- |
Other |
kg. |
6% |
|
- |
Other,
containing alkaloids or derivatives thereof: |
|
|
3003 41 00 |
-- |
Containing
ephedrine or its salts |
kg. |
6% |
3003 42 00 |
-- |
Containing
pseudoephedrine (INN) or its salts |
kg. |
6% |
3003 43 00 |
-- |
Containing
norephedrine or its salts |
kg. |
6% |
3003 49 00 |
-- |
Other |
kg. |
6% |
3003 60 00 |
- |
Other,
containing antimalarial active principles described in Sub-heading Note 2 to
this Chapter |
kg. |
6% "; |
|
|
(iv) in
heading 3004,-- (a) for
sub-heading 3004 20 and the entries relating thereto, the following shall be
substituted, namely:-- |
|
|
"3004
20 |
-- |
Other,
containing antibiotics:"; |
|
|
|
|
(b) for
tariff item 3004 20 99, sub-heading 3004 31 and the entries relating thereto,
the following shall be substituted, namely:-- |
|
|
"3004
20 99 |
---- |
Other |
kg. |
6% |
|
- |
Other,
containing hormones and other products of heading 2937: |
|
|
3004 31 |
-- |
Containing
insulin:"; |
|
|
|
|
(c) for
sub-heading 3004 40, tariff items 3004 40 10 to 3004 40 90 and the entries
relating thereto, the following shall be substituted, namely:-- |
|
|
|
"_ |
Other,
containing alkaloids or derivatives thereof: |
|
|
3004 41 00 |
-- |
Containing
ephedrine or its salts |
kg. |
6% |
3004 42 00 |
-- |
Containing
pseudoephedrine (INN) or its salts |
kg. |
6% |
3004 43 00 |
-- |
Containing
norephedrine or its salts |
kg. |
6% |
3004 49 |
-- |
Other: |
|
|
3004 49 10 |
--- |
Atropin
and salts thereof |
kg. |
6% |
3004 49 20 |
--- |
Caffein
and salts thereof |
kg. |
6% |
3004 49 30 |
--- |
Codeine
and derivatives, with or without ephidrine hydrochloride |
kg. |
6% |
3004 49 40 |
--- |
Ergot
preparations, ergotamine and salts thereof |
kg. |
6% |
3004 49 50 |
--- |
Papavarine
hydrochloride |
kg. |
6% |
3004 49 60 |
--- |
Bromohexin
and salbutamol |
kg. |
6% |
3004 49 70 |
--- |
Theophylline
and salts thereof |
kg. |
6% |
3004 49 90 |
--- |
Other |
kg. |
6% "; |
|
|
(d) for
sub-heading 3004 50 and the entries relating thereto, the following shall be
substituted, namely:-- |
|
|
"3004
50 |
- |
Other,
containing vitamins or other products of heading 2936:"; |
|
|
|
|
(e) after
tariff item 3004 50 90 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
"3004
60 00 |
- |
Other,
containing antimalarial active principles described in Sub-heading Note 2 to
this Chapter |
kg. |
6% "; |
|
|
(16) in
Chapter 31, in heading 3103, for tariff item 3103 10 00 and the entries
relating thereto, the following shall be substituted, namely:-- |
|
|
|
"- |
Superphosphates: |
|
|
3103 11 00 |
-- |
Containing
by weight 35 % or more of diphosphorus pentaoxide (P2O5) |
kg. |
12.5% |
3103 19 00 |
-- |
Other |
kg. |
12.5%
"; |
|
|
(17) in Chapter
37, in heading 3705, for tariff item 3705 10 00, sub-heading 3705 90, tariff
items 3705 90 10 and 3705 90 90 and the entries relating thereto, the
following shall be substituted, namely:-- |
|
|
"3705
00 00 |
- |
PHOTOGRAPHIC
PLATES AND FILM, EXPOSED AND DEVELOPED, OTHER THAN CINEMATOGRAPHIC FILM |
kg. |
Nil
"; |
|
|
(18) in
Chapter 38,-- (i) for
Sub-heading Notes 1 and 2, the following shall be substituted, namely:-- '
Sub-heading Notes: 1.
Sub-headings 3808 52 and 3808 59 cover only goods of heading 3808, containing
one or more of the following substances: alachlor (ISO); aldicarb (ISO);
aldrin (ISO); azinphos-methyl (ISO); binapacryl (ISO); camphechlor (ISO)
(toxaphene); captafol (ISO); chlordane (ISO); chlordimeform (ISO);
chlorobenzilate (ISO); DDT (ISO) (clofenotane (INN), 1, 1, 1-trichloro-2,
2-bis(p-chlorophenyl)ethane); dieldrin (ISO, INN); 4, 6-dinitro-o-cresol
(DNOC (ISO)) or its salts; dinoseb (ISO), its salts or its esters; endosulfan
(ISO); ethylene dibromide (ISO) (1, 2-dibromoethane); ethylene dichloride
(ISO) (1, 2-dichloroethane); fluoroacetamide (ISO); heptachlor (ISO);
hexachlorobenzene (ISO); 1, 2, 3, 4, 5, 6-hexachlorocyclohexane (HCH (ISO)),
including lindane (ISO, INN); mercury compounds; methamidophos (ISO);
monocrotophos (ISO); oxirane (ethylene oxide); parathion (ISO);
parathion-methyl (ISO) (methylparathion); penta-and octabromodiphenyl ethers;
pentachlorophenol (ISO), its salts or its esters; perfluorooctane sulphonic
acid and its salts; perfluorooctane sulphonamides; perfluorooctane sulphonyl
fluoride; phosphamidon (ISO); 2, 4, 5-T (ISO) (2, 4, 5-trichlorophenoxyacetic
acid), its salts or its esters; tributyltin compounds. Sub-heading
3808 59 also covers dustable powder formulations containing a mixture of
benomyl (ISO), carbofuran (ISO) and thiram (ISO). 2.
Sub-headings 3808 61 to 3808 69 cover only goods of heading 3808, containing
alpha-cypermethrin (ISO), bendiocarb (ISO), bifenthrin (ISO), chlorfenapyr
(ISO), cyfluthrin (ISO), deltamethrin (INN, ISO), etofenprox (INN),
fenitrothion (ISO), lambda-cyhalothrin (ISO), malathion (ISO),
pirimiphos-methyl (ISO) or propoxur (ISO). 3.
Sub-headings 3824 81 to 3824 88 cover only mixtures and preparations
containing one or more of the following substances: oxirane (ethylene oxide),
polybrominated biphenyls (PBBs), polychlorinated biphenyls (PCBs),
polychlorinated terphenyls (PCTs), tris(2, 3-dibromopropyl) phosphate, aldrin
(ISO), camphechlor (ISO) (toxaphene), chlordane (ISO), chlordecone (ISO), DDT
(ISO) (clofenotane (INN), 1, 1, 1-trichloro-2, 2-bis(pchlorophenyl)ethane),
dieldrin (ISO, INN), endosulfan (ISO), endrin (ISO), heptachlor (ISO), mirex
(ISO), 1, 2, 3, 4, 5, 6-hexachlorocyclohexane (HCH (ISO)), including lindane
(ISO, INN), pentachlorobenzene (ISO), hexachlorobenzene (ISO),
perfluorooctane sulphonic acid, its salts, perfluorooctane sulphonamides,
perfluorooctane sulphonyl fluoride or tetra-, penta-, hexa-, hepta-or
octabromodiphenyl ethers. 4. For the
purposes of tariff items 3825 41 00 and 3825 49 00, "waste organic
solvents" are wastes containing mainly organic solvents, not fit for
further use as presented as primary products, whether or not intended for
recovery of solvents.'; (ii) for
sub-heading 3808 50 and tariff item 3808 50 00 and the entries relating
thereto, the following shall be substituted, namely:-- |
|
|
|
"- |
Goods
specified in Sub-heading Note 1 to this Chapter: |
|
|
3808 52 00 |
-- |
DDT (ISO)
(clofenotane (INN)), in packings of a net weight content not exceeding 300g |
kg. |
12.5% |
3808 59 00 |
-- |
Other |
kg. |
12.5% |
|
- |
Goods
specified in Sub-heading Note 2 to this Chapter: |
|
|
3808 61 00 |
-- |
In
packings of a net weight content not exceeding 300g |
kg. |
12.5% |
3808 62 00 |
-- |
In
packings of a net weight content exceeding 300g but not exceeding 7.5 kg. |
kg. |
12.5% |
3808 69 00 |
-- |
Other |
kg. |
12.5%
"; |
|
|
(iii) for
sub-heading 3812 30 and tariff items 3812 30 10 to 3812 30 90 and the entries
relating thereto, the following shall be substituted, namely:-- |
|
|
|
"_ |
Anti-oxidising
preparations and other compound stabilizers for rubber or plastics: |
|
|
3812 31 00 |
-- |
Mixtures
of oligomers of 2, 2, 4-trimethyl-1, 2-dihydroquinoline (TMQ) |
kg. |
12.5% |
3812 39 |
-- |
Other: |
|
|
3812 39 10 |
--- |
Anti-oxidants
for rubber |
kg. |
12.5% |
3812 39 20 |
--- |
Softeners
for rubber |
kg. |
12.5% |
3812 39 30 |
--- |
Vulcanizing
agents for rubber |
kg. |
12.5% |
3812 39 90 |
--- |
Other |
kg. |
12.5%
"; |
|
|
(iv) for
tariff items 3824 79 00 to 3824 83 00, sub-heading 3824 90, tariff items 3824
90 11 to 3824 90 90 and the entries relating thereto, the following shall be
substituted, namely:-- |
|
|
"3824
79 00 |
-- |
Other |
kg. |
12.5% |
|
- |
Goods
specified in Sub-heading Note 3 to this Chapter: |
|
|
3824 81 00 |
-- |
Containing
oxirane (ethylene oxide) |
kg. |
12.5% |
3824 82 00 |
-- |
Containing
polychlorinated biphenyls (PCBs), polychlorinated terphenyls (PCTs) or
polybrominated biphenyls (PBBs) |
kg. |
12.5% |
3824 83 00 |
-- |
Containing
tris(2, 3-dibromopropyl) phosphate |
kg. |
12.5% |
3824 84 00 |
-- |
Containing
aldrin (ISO), camphechlor (ISO) (toxaphene), chlordane (ISO), chlordecone
(ISO), DDT (ISO) (clofenotane (INN), 1, 1, 1-trichloro-2,
2-bis(p-chlorophenyl)ethane), dieldrin (ISO, INN), endosulfan (ISO), endrin
(ISO), heptachlor (ISO) or mirex (ISO) |
kg. |
12.5% |
3824 85 00 |
-- |
Containing
1, 2, 3, 4, 5, 6-hexachlorocyclohexane (HCH (ISO)), including lindane (ISO,
INN) |
kg. |
12.5% |
3824 86 00 |
-- |
Containing
pentachlorobenzene (ISO) or hexachlorobenzene (ISO) |
kg. |
12.5% |
3824 87 00 |
-- |
Containing
perfluorooctane sulphonic acid, its salts, perfluorooctane sulphonamides, or
perfluorooctane sulphonyl fluoride |
kg. |
12.5% |
3824 88 00 |
-- |
Containing
tetra-, penta-, hexa-hepta-or octabromodiphenyl ethers |
kg. |
12.5% |
3824 91 00 |
-- |
Mixtures
and preparations consisting mainly of (5-ethyl-2-methyl-2-oxido-1, 3,
2-dioxaphosphinan-5-yl) methyl methyl methylphosphonate and
bis[(5-ethyl-2-methyl-2-oxido-1, 3, 2-dioxaphosphinan-5-yl)methyl] methylphosphonate: |
|
|
3824 99 |
-- |
Other: |
|
|
|
--- |
Ammoniacal
gas liquors and spent oxide produced in coal gas purification, case hardening
compound, heat transfer salts; mixture of diphenyl and diphenyl oxide as heat
transfer medium, mixed polyethylene glycols; salts for curing or salting,
surface tension reducing agents: |
|
|
3824 99 11 |
---- |
Ammoniacal
gas liquors and spent oxide produced in coal gas purification |
kg. |
12.5% |
3824 99 12 |
---- |
Case
hardening compound |
kg. |
12.5% |
3824 99 13 |
---- |
Heat
transfer salts |
kg. |
12.5% |
3824 99 14 |
---- |
Mixture of
diphenyl and diphenyl oxide as heat transfer medium |
kg. |
12.5% |
3824 99 15 |
---- |
Mixed
polyethylene glycols |
kg. |
12.5% |
3824 99 16 |
---- |
Salts for
curing or salting |
kg. |
12.5% |
3824 99 17 |
---- |
Surface
tension reducing agents |
kg. |
12.5% |
|
--- |
Electroplating
salts; water treatment chemicals; ion exchanger, correcting fluid;
precipitated silica and silica gel; oil well chemical: |
|
|
3824 99 21 |
---- |
Electroplating
salts |
kg. |
12.5% |
3824 99 22 |
---- |
Water
treatment chemicals; ion exchanger (INN) such as permiutits, zero-lites |
kg. |
12.5% |
3824 99 23 |
---- |
Gramaphone
records making material |
kg. |
12.5% |
3824 99 24 |
---- |
Correcting
fluid |
kg. |
12.5% |
3824 99 25 |
---- |
Precipitated
silica and silica gel |
kg. |
12.5% |
3824 99 26 |
---- |
Oil well
chemical |
kg. |
12.5% |
|
--- |
Mixture
containing perhalogenated derivatives of acyclic hydrocarbons containing two
or more different halogens other than chlorine and fluorine; ferrite powder;
capacitor fluids-PCB type; dipping oil for treatment of grapes; Poly
brominated biphenyls, poly chlorinated biphenyls, Poly chlorinated
terphenyls, crocidolite; goods of a kind known as "hazardous
waste"; phosphogypsum: |
|
|
3824 99 31 |
---- |
Mixture
containing perhalogenated derivatives of acyclic hydrocarbons containing two
or more different halogens other than chlorine and fluorine |
kg. |
12.5% |
3824 99 32 |
---- |
Ferrite
powder |
kg. |
12.5% |
3824 99 33 |
---- |
Capacitor
fluids-PCB type |
kg. |
12.5% |
3824 99 34 |
---- |
Dipping
oil for treatment of grapes |
kg. |
12.5% |
3824 99 35 |
---- |
Poly
brominated biphenyls, poly chlorinated biphenyls, Poly chlorinated
terphenyls, crocidolite |
kg. |
12.5% |
3824 99 36 |
---- |
Goods of a
kind known as "hazardous waste" |
kg. |
12.5% |
3824 99 37 |
---- |
Phosphogypsum |
kg. |
12.5% |
3824 99 38 |
---- |
Phosphonic
Acid, Methyl-compound with (aminoimino methyl) urea (1: 1) |
kg. |
12.5% |
3824 99 90 |
--- |
Other |
kg. |
12.5%
"; |
|
|
(19) in
Chapter 39,-- (i)
in Note 2, in clause (z), after the words "propelling pencils", the
words ", and monopods, bipods, tripods and similar articles" shall
be inserted; (ii) in
Sub-heading Note 1, in clause (a), in sub-clause (2), after the figures
"3901 30", the figures "3901 40," shall be inserted; (iii) in
heading 3901, after tariff item 3901 30 00 and the entries relating thereto,
the following shall be inserted, namely:-- |
|
|
"3901
40 00 |
- |
Ethylene-alpha-olefin
copolymers, having a specific gravity of less than 0.94 |
kg. |
12.5%
"; |
|
|
(iv) in
heading 3907, for sub-heading 3907 60 and tariff items 3907 60 10 to 3907 60
90 and the entries relating thereto, the following shall be substituted,
namely:-- |
|
|
|
"_ |
Poly(ethylene
terephthalate): |
|
|
3907 61 00 |
-- |
Having a
viscosity number of 78 ml/g or higher |
kg. |
12.5% |
3907 69 |
-- |
Other: |
|
|
3907 69 10 |
--- |
Having a
viscosity number less than 78ml/g but not less than 72ml/g |
kg. |
12.5% |
3907 69 20 |
--- |
Having a
viscosity number less than 72ml/g but not less than 64ml/g |
kg. |
12.5% |
3907 69 90 |
--- |
Other |
kg. |
12.5%
"; |
|
|
(v) for
sub-heading 3909 30 and tariff items 3909 30 10 to 3909 30 90 and the entries
relating thereto, the following shall be substituted, namely:-- |
|
|
|
"_ |
Other
amino-resins: |
|
|
3909 31 00 |
-- |
Poly(methylene
phenyl isocyanate) (crude MDI, polymeric MDI) |
kg. |
12.5% |
3909 39 |
-- |
Other: |
|
|
3909 39 10 |
--- |
Poly(phenylene
oxide) |
kg. |
12.5% |
3909 39 90 |
--- |
Other |
kg. |
12.5%
"; |
|
|
(20) in
Chapter 40, in heading 4011, for tariff items 4011 50 90 to 4011 99 00 and
the entries relating thereto, the following shall be substituted, namely:-- |
|
|
"4011
50 90 |
--- |
Other |
u |
12.5% |
4011 70 00 |
- |
Of a kind
used on agricultural or forestry vehicles and machines |
u |
12.5% |
4011 80 00 |
- |
Of a kind
used on construction, mining or industrial handling vehicles and machines |
u |
12.5% |
4011 90 00 |
- |
Other |
u |
12.5%
"; |
|
|
(21) in
Chapter 42,-- (i) in
heading 4202,-- (a) for
sub-heading 4202 22 and the entries relating thereto, the following shall be
substituted, namely:-- |
|
|
"4202
22 |
-- |
With outer
surface of sheeting of plastics or of textile materials:"; |
|
|
|
|
(b) for
sub-heading 4202 32 and the entries relating thereto, the following shall be
substituted, namely:-- |
|
|
"4202
32 |
-- |
With outer
surface of sheeting of plastics or of textile materials:"; |
|
|
|
|
(c) for
tariff item 4202 92 00 and the entries relating thereto, the following shall
be substituted, namely:-- |
|
|
"4202
92 00 |
-- |
With outer
surface of sheeting of plastics or of textile materials |
u |
12.5%
"; |
|
|
(22) in
Chapter 44,-- (i) in
Note 1, in clause (q), for the word "pencils", the words "pencils,
and monopods, bipods, tripods and similar articles" shall be
substituted; (ii) the
Sub-heading Note 2 shall be omitted; (iii) in
heading 4401,-- (a)
for sub-heading 4401 10, tariff items 4401 10 10, 4401 10 90 and the entries
relating thereto, the following shall be substituted, namely:-- |
|
|
|
"_ |
Fuel wood,
in logs, in billets, in twigs, in faggots or in similar forms: |
|
|
4401 11 |
-- |
Coniferous: |
|
|
4401 11 10 |
--- |
In logs |
mt |
12.5% |
4401 11 90 |
--- |
Other |
mt |
12.5% |
4401 12 |
-- |
Non-coniferous: |
|
|
4401 12 10 |
--- |
In logs |
mt |
12.5% |
4401 12 90 |
--- |
Other |
mt |
12.5%
"; |
|
|
(b) for
tariff items 4401 22 00 and 4401 31 00 and the entries relating thereto, the
following shall be substituted, namely:-- |
|
|
"4401
22 00 |
-- |
Non-coniferous |
mt |
12.5% |
|
- |
Sawdust
and wood waste and scrap, agglomerated, in logs, briquettes, pellets or
similar forms: |
|
|
4401 31 00 |
-- |
Wood
pellets |
mt |
12.5%
"; |
|
|
(c) after
tariff item 4401 39 00 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
"4401
40 00 |
- |
Sawdust
and wood waste and scrap, not agglomerated |
mt |
12.5%
"; |
|
|
(iv) in
heading 4403,-- (a) for
tariff item 4403 10 00, sub-heading 4403 20 and tariff items 4403 20 10 to
4403 41 00 and the entries relating thereto, the following shall be
substituted, namely:-- |
|
|
|
"_ |
Treated
with paint, stains, creosote or other preservatives: |
|
|
4403 11 00 |
-- |
Coniferous |
m3 |
12.5% |
4403 12 00 |
--- |
Non-coniferous Other,
coniferous: |
m3 |
12.5% |
4403 21 |
-- |
Of pine
(Pinus spp.), of which any cross-sectional dimension is 15 cm or more: |
|
|
4403 21 10 |
--- |
Saw logs
and veneer logs |
m3 |
12.5% |
4403 21 20 |
--- |
Poles,
pilings and posts |
m3 |
12.5% |
4403 21 90 |
--- |
Other |
m3 |
12.5% |
4403 22 |
-- |
Of pine
(Pinus spp.), other: |
|
|
4403 22 10 |
--- |
Saw logs
and veneer logs |
m3 |
12.5% |
4403 22 20 |
--- |
Poles,
pilings and posts |
m3 |
12.5% |
4403 22 90 |
--- |
Other |
m3 |
12.5% |
4403 23 |
-- |
Of fir
(Abies spp.) and spruce (Picea spp.), of which any cross-sectional dimension
is 15 cm or more: |
|
|
4403 23 10 |
--- |
Saw logs
and veneer logs |
m3 |
12.5% |
4403 23 20 |
--- |
Poles,
pilings and posts |
m3 |
12.5% |
4403 23 90 |
--- |
Other |
m3 |
12.5% |
4403 24 |
-- |
Of fir
(Abies spp.) and spruce (Picea spp.), other: |
|
|
4403 24 10 |
--- |
Saw logs
and veneer logs |
m3 |
12.5% |
4403 24 20 |
--- |
Poles,
pilings and posts |
m3 |
12.5% |
4403 24 90 |
--- |
Other |
m3 |
12.5% |
4403 25 |
-- |
Other, of
which any cross-sectional dimension is 15 cm or more: |
|
|
4403 25 10 |
--- |
Saw logs
and veneer logs |
m3 |
12.5% |
4403 25 20 |
--- |
Poles,
pilings and posts |
m3 |
12.5% |
4403 25 90 |
--- |
Other |
m3 |
12.5% |
4403 26 |
-- |
Other: |
|
|
4403 26 10 |
--- |
Saw logs
and veneer logs |
m3 |
12.5% |
4403 26 20 |
--- |
Poles,
pilings and posts |
m3 |
12.5% |
4403 26 90 |
---- |
Other Other, of
tropical wood: |
m3 |
12.5% |
4403 41 00 |
-- |
Dark red
meranti, light red meranti and meranti bakau |
m3 |
12.5%
"; |
|
|
(b) for
tariff item 4403 92 00 and the entries relating thereto, the following shall
be substituted, namely:-- |
|
|
"4403
93 00 |
-- |
Of beech
(Fagus spp.), of which any cross-sectional dimension is 15 cm or more |
m3 |
12.5% |
4403 94 00 |
-- |
Of beech
(Fagus spp.), other |
m3 |
12.5% |
4403 95 00 |
-- |
Of birch
(Betula spp.), of which any cross-sectional dimension is 15 cm or more |
m3 |
12.5% |
4403 96 00 |
-- |
Of birch
(Betula spp.), other |
m3 |
12.5% |
4403 97 00 |
-- |
Of poplar
and aspen (Populus spp.) |
m3 |
12.5% |
4403 98 00 |
-- |
Of
eucalyptus (Eucalyptus spp.) |
m3 |
12.5%
"; |
|
|
(c) for
tariff item 4403 99 19 to 4403 99 21 and the entries relating thereto, the
following shall be substituted, namely:-- |
|
|
"4403
99 19 |
---- |
Rose Wood
(Dalbergea Latifolio) |
m3 |
12.5% |
|
--- |
Sal
(Chorea robusta, Sandalwood (Santalum album), Semul (Bombax ceiba), Walnut
wood (Juglans binata), Anjam (Hardwickia binata), Sisso (Dalbergia sisso) and
White cedar (Dysozylum spp) and the like: |
|
|
4403 99 21 |
---- |
Sal
(Chorea robusta) |
m3 |
12.5%
"; |
|
|
(d) the tariff
item 4403 99 26 and the entries relating thereto shall be omitted; (e) for
tariff item 4403 99 29 and the entries relating thereto, the following shall
be substituted, namely:-- |
|
|
"4403
99 90 |
--- |
Other |
m3 |
12.5%
"; |
|
|
(v) in
heading 4406, for tariff items 4406 10 00 and 4406 90 00 and the entries
relating thereto, the following shall be substituted, namely:-- |
|
|
|
"_ |
Not
impregnated: |
|
|
4406 11 00 |
-- |
Coniferous |
m3 |
12.5% |
4406 12 00 |
-- |
Non-coniferous |
m3 |
12.5% |
|
- |
Other: |
|
|
4406 91 00 |
-- |
Coniferous |
m3 |
12.5% |
4406 92 00 |
-- |
Non-coniferous |
m3 |
12.5%
"; |
|
|
(vi) in
heading 4407,-- (a) for
sub-heading 4407 10, tariff items 4407 10 10 to 4407 21 00 and the entries
relating thereto, the following shall be substituted, namely:-- |
|
|
|
"_ |
Coniferous: |
|
|
4407 11 00 |
-- |
Of pine
(Pinus spp.) |
m3 |
Nil |
4407 12 00 |
-- |
Of fir
(Abies spp.) and Spruce (Picea spp.) |
m3 |
Nil |
4407 19 |
-- |
Other: |
|
|
4407 19 10 |
--- |
Douglas
fir (Pseudotsuga menziesii) |
m3 |
Nil |
4407 19 90 |
--- |
Other |
m3 |
Nil |
|
- |
Of
tropical wood: |
|
|
4407 21 00 |
-- |
Mahogany
(Swietenia spp.) |
m3 |
Nil
"; |
|
|
(b) after
tariff item 4407 95 00 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
"4407
96 00 |
-- |
Of birch
(Betula spp.) |
m3 |
Nil |
4407 97 00 |
-- |
Of poplar
and aspen (Populus spp.) |
m3 |
Nil
"; |
|
|
(c) tariff
item 4407 99 10 and the entries relating thereto shall be omitted; (vii) in
heading 4408,-- (a) for
tariff items 4408 10 90 to sub-heading 4408 31, and the entries relating
thereto, the following shall be substituted, namely:-- |
|
|
"4408
10 90 |
--- |
Other |
kg. |
12.5% |
|
- |
Of
tropical wood: |
|
|
4408 31 |
-- |
Of Dark
red meranti, Light red meranti, Meranti bakau:"; |
|
|
|
|
(b) after
tariff item 4409 21 00 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
"4409
22 00 |
-- |
Of
tropical wood |
kg. |
12.5%
"; |
|
|
(viii) in
heading 4412,-- (a) for
sub-heading 4412 31 and the entries relating thereto, the following shall be
substituted, namely:-- |
|
|
"4412
31 |
-- |
With at
least one outer ply of tropical wood:"; |
|
|
|
|
(b) for
sub-heading 4412 32, tariff items 4412 32 10 to 4412 32 90, sub-heading 4412
39, tariff items 4412 39 10 to 4412 39 90 and the entries relating thereto,
the following shall be substituted, namely:-- |
|
|
"4412
33 |
-- |
Other,
with at least one outer ply of non-coniferous wood of the species alder
(Alnus spp.), ash (Fraxinus spp.), beech (Fagus spp.), birch (Betula spp.),
cherry (Prunus spp.), chestnut (Castanea spp.), elm (Ulmus spp.), eucalyptus
(Eucalyptus spp.), hickory (Carya spp.), horse chestnut (Aesculus spp.), lime
(Tilia spp.), maple (Acer spp.), oak (Quercus spp.), plane tree (Platanus
spp.), poplar and aspen (Populus spp.), robinia (Robinia spp.), tulipwood
(Liriodendron spp.) or walnut (Juglans spp.): |
|
|
4412 33 10 |
--- |
Decorative
plywood |
m3 |
12.5% |
4412 33 20 |
--- |
Tea chest
panels, shooks whether or not packed in sets |
m3 |
12.5% |
4412 33 30 |
--- |
Marine and
aircraft plywood |
m3 |
12.5% |
4412 33 40 |
--- |
Cutting
and trimmings of plywood of width not exceeding 5cm |
m3 |
12.5% |
4412 33 90 |
--- |
Other |
m3 |
12.5% |
4412 34 |
-- |
Other,
with at least one outer ply of non-coniferous wood not specified under
sub-heading 4412 33: |
|
|
4412 34 10 |
--- |
Decorative
plywood |
m3 |
12.5% |
4412 34 20 |
--- |
Tea chest
panels, shooks whether or not packed in sets |
m3 |
12.5% |
4412 34 30 |
--- |
Marine and
aircraft plywood |
m3 |
12.5% |
4412 34 40 |
--- |
Cutting
and trimmings of plywood of width not exceeding 5cm |
m3 |
12.5% |
4412 34 90 |
--- |
Other |
m3 |
12.5% |
4412 39 |
-- |
Other,
with both outer plies of coniferous wood: |
|
|
4412 39 10 |
--- |
Decorative
plywood |
m3 |
12.5% |
4412 39 20 |
--- |
Tea chest
panels, shooks whether or not packed in sets |
m3 |
12.5% |
4412 39 30 |
--- |
Marine and
aircraft plywood |
m3 |
12.5% |
4412 39 40 |
--- |
Cutting
and trimmings of plywood of width not exceeding 5cm |
m3 |
12.5% |
4412 39 90 |
--- |
Other |
m3 |
12.5%
"; |
|
|
(ix) in
heading 4418, for tariff items 4418 71 00 to 4418 90 00 and the entries
relating thereto, the following shall be substituted, namely:-- |
|
|
|
"_ |
Assembled
flooring panels: |
|
|
4418 73 00 |
-- |
Of bamboo
or with at least the top layer (wear layer) of bamboo |
kg. |
12.5% |
4418 74 00 |
-- |
Other, for
mosaic floors |
kg. |
12.5% |
4418 75 00 |
-- |
Other,
multilayer |
kg. |
12.5% |
4418 79 00 |
-- |
Other |
kg. |
12.5% |
|
- |
Other: |
|
|
4418 91 00 |
-- |
Of bamboo |
kg. |
12.5% |
4418 99 00 |
-- |
Other |
kg. |
12.5%
"; |
|
|
(x) for
heading 4419, sub-heading 4419 00, tariff items 4419 00 10 and 4419 00 20 and
the entries relating thereto, the following shall be substituted, namely:-- |
|
|
"4419 |
- |
TABLEWARE
AND KITCHENWARE, OF WOOD Of bamboo: |
|
|
4419 11 00 |
-- |
Bread
boards, chopping boards and similar boards |
kg. |
12.5% |
4419 12 00 |
-- |
Chopsticks |
kg. |
12.5% |
4419 19 00 |
-- |
Other |
kg. |
12.5% |
4419 90 |
- |
Other: |
|
|
4419 90 10 |
--- |
Bread
boards, chopping boards and similar boards |
kg. |
12.5% |
4419 90 20 |
--- |
Chopsticks |
kg. |
12.5% |
4419 90 90 |
--- |
Other |
kg. |
12.5%"; |
|
|
(xi) in
heading 4421, for sub-heading 4421 90, tariff items 4421 90 11 to 4421 90 90
and the entries relating thereto, the following shall be substituted,
namely:-- |
|
|
|
"_ |
Other: |
|
|
4421 91 |
-- |
Of bamboo: |
|
|
|
--- |
Spools,
cops, bobbins, sewing thread reels and the like of turned wood: |
|
|
4421 91 11 |
---- |
For cotton
machinery |
kg. |
12.5% |
4422 91 12 |
---- |
For jute
machinery |
kg. |
12.5% |
4423 91 13 |
---- |
For silk
regenerated and synthetic fibre machinery |
kg. |
12.5% |
4424 91 14 |
---- |
For other
machinery |
kg. |
12.5% |
4421 91 19 |
---- |
Other |
kg. |
12.5% |
4421 91 20 |
--- |
Wood
Paving Blocks |
kg. |
12.5% |
4421 91 30 |
--- |
Match
splints |
kg. |
12.5% |
4421 91 40 |
--- |
Pencil
slats |
kg. |
12.5% |
4421 91 50 |
--- |
Parts of
wood, namely oars, paddles and rudders for ships, boats and other similar
floating structures |
kg. |
12.5% |
4421 91 60 |
--- |
Parts of
domestic decorative articles used as tableware and kitchenware |
kg. |
12.5% |
4421 91 70 |
--- |
Articles
of densified wood not included or specified elsewhere |
kg. |
12.5% |
4421 91 90 |
--- |
Other |
kg. |
12.5% |
4421 99 |
-- |
Other: |
|
|
|
--- |
Spools,
cops, bobbins, sewing thread reels and the like of turned wood: |
|
|
4421 99 11 |
---- |
For cotton
machinery |
kg. |
12.5% |
4421 99 12 |
---- |
For jute
machinery |
kg. |
12.5% |
4421 99 13 |
---- |
For silk
regenerated and synthetic fibre machinery |
kg. |
12.5% |
4421 99 14 |
---- |
For other
machinery |
kg. |
12.5% |
4421 99 19 |
---- |
Other |
kg. |
12.5% |
4421 99 20 |
--- |
Wood
Paving Blocks |
kg. |
12.5% |
4421 99 30 |
--- |
Match
splints |
kg. |
12.5% |
4421 99 40 |
--- |
Pencil
slats |
kg. |
12.5% |
4421 99 50 |
--- |
Parts of
wood, namely oars, paddles and rudders for ships, boats and other similar
floating structures |
kg. |
12.5% |
4421 99 60 |
--- |
Parts of
domestic decorative articles used as tableware and kitchenware |
kg. |
12.5% |
4421 99 70 |
--- |
Articles
of densified wood not included or specified elsewhere |
kg. |
12.5% |
4421 99 90 |
--- |
Other |
kg. |
12.5%
"; |
|
|
(23) in
Chapter 48,-- (i) in
Note 4, after the words, figures and letters "more than 65g/m? ",
the words, brackets, figures and letters", and apply only to paper: (a)
in strips or rolls of a width exceeding 28cm; or (b) in rectangular
(including square) sheets with one side exceeding 28cm and the other side
exceeding 15cm in the unfolded state" shall be inserted; (ii) in
Note 8, the figures and word "4801, and" shall be omitted; (24) in
Chapter 54,-- (i) in
heading 5402, for the entry in column (2) occurring after the entry against
the heading 5402, the following entry shall be substituted, namely:-- |
|
|
|
"- |
High
tenacity yarn of nylon or other polyamides, whether or not textured:"; |
|
|
|
|
(ii) for
sub-heading 5402 20 and the entries relating thereto, the following shall be
substituted, namely:-- |
|
|
"5402
20 |
-- |
High
tenacity yarn of polyesters, whether or not textured: "; |
|
|
|
|
(iii)
after tariff item 5402 52 00 and the entries relating thereto, the following
shall be inserted, namely:-- |
|
|
"5402
53 00 |
-- |
Of
polypropylene |
kg. |
12.5%
"; |
|
|
(iv) after
tariff item 5402 62 00 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
"5402
63 00 |
-- |
Of
polypropylene |
kg. |
12.5%
"; |
|
|
(25) in
Chapter 55,-- (i) for
heading 5502, sub-heading 5502 00, tariff items 5502 10 00 to 5502 90 00 and
the entries relating thereto, the following shall be substituted, namely:-- |
|
|
"5502 |
ARTIFICIAL
FILAMENT TOW |
|
|
|
5502 10 |
-- |
Of
cellulose acetate: |
|
|
5502 10 10 |
--- |
Viscose
rayon tow |
kg. |
12.5% |
5502 10 90 |
--- |
Other |
kg. |
12.5% |
5502 90 |
-- |
Other: |
|
|
5502 90 10 |
--- |
Viscose
rayon tow |
kg. |
12.5% |
5502 90 90 |
--- |
Other |
kg. |
12.5%
"; |
|
|
(ii) after
tariff item 5506 30 00 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
"5506
40 00 |
- |
Of
polypropylene |
kg. |
12.5%
"; |
|
|
(26) in
Chapter 56, for heading 5601, sub-heading 5601 21 and the entries relating
thereto, the following shall be substituted, namely:-- |
|
|
"5601 |
|
WADDING OF
TEXTILE MATERIALS AND ARTICLES THEREOF; TEXTILE FIBRES, NOT EXCEEDING 5MM IN
LENGTH (FLOCK), TEXTILE DUST AND MILL NEPS |
|
|
|
- |
Wadding of
textile materials and articles thereof: |
|
|
5601 21 |
-- |
Of
cotton:"; |
|
|
|
|
(27) in
Chapter 57, in heading 5704, after tariff item 5704 10 00 and the entries
relating thereto, the following shall be inserted, namely:-- |
|
|
"5704
20 |
- |
Tiles,
having a maximum surface area exceeding 0.3 m? but not exceeding 1 m?: |
|
|
5704 20 10 |
--- |
Cotton |
m2 |
12.5% |
5704 20 20 |
--- |
Woollen,
other than artware |
m2 |
12.5% |
5704 20 90 |
--- |
Other |
m2 |
12.5%
"; |
|
|
(28) in
Chapter 60,-- (i) after
Note 3, the following shall be inserted, namely:-- "Sub-heading
Note: Sub-heading
6005 35 covers fabrics of polyethylene monofilament or of polyester
multifilament, weighing not less than 30g/m2 and not more than 55g/m2, having
a mesh size of not less than 20 holes/cm2 and not more than 100 holes/cm2,
and impregnated or coated with alpha-cypermethrin (ISO), chlorfenapyr (ISO),
deltamethrin (INN, ISO), lambda-cyhalothrin (ISO), permethrin (ISO) or
pirimiphos-methyl (ISO)."; (ii) for
tariff items 6005 31 00 to 6005 34 00 and the entries relating thereto, the
following shall be substituted, namely:-- |
|
|
"6005
35 00 |
-- |
Fabrics
specified in Sub-heading Note 1 to this Chapter |
kg. |
12.5% |
6005 36 00 |
-- |
Other,
unbleached or bleached |
kg. |
12.5% |
6005 37 00 |
-- |
Other,
dyed |
kg. |
12.5% |
6005 38 00 |
-- |
Other, of
yarns of different colours |
kg. |
12.5% |
6005 39 00 |
-- |
Other,
printed |
kg. |
12.5%
"; |
|
|
(29) in
Chapter 63,-- (i) after
Note 3, the following shall be inserted, namely:-- "Sub-heading
Note: Sub-heading
6304 20 covers articles made from fabrics, impregnated or coated with
alpha-cypermethrin (ISO), chlorfenapyr (ISO), deltamethrin (INN, ISO),
lambda-cyhalothrin (ISO), permethrin (ISO) or pirimiphosmethyl (ISO)."; (ii) in
heading 6304, after tariff item 6304 19 90 and the entries relating thereto,
the following shall be inserted, namely:-- |
|
|
"6304
20 00 |
- |
Bed nets,
of warp knit fabrics specified in Sub-heading Note 1 to this Chapter |
u |
12.5%
"; |
|
|
(30) in
Chapter 68, in Note 1, for clause (m), the following clause shall be substituted,
namely:-- "(m) articles
of heading 9602, if made of materials specified in Note 2 (b) to Chapter 96,
or of heading 9606 (for example, buttons), of heading 9609 (for example,
slate pencils), heading 9610 (for example, drawing slates) or of heading 9620
(monopods, bipods, tripods and similar articles); or"; (31)
in Chapter 69,-- (i)
for heading 6907, sub-heading 6907 10, tariff items 6907 10 10 and 6907 10
90, sub-heading 6907 90, tariff items 6907 90 10 and 6907 90 90 and the
entries relating thereto, the following shall be substituted, namely:-- |
|
|
"6907 |
|
CERAMIC
FLAGS AND PAVING, HEARTH OR WALL TILES; CERAMIC MOSAIC CUBES AND THE LIKE,
WHETHER OR NOT ON A BACKING; FINISHING CERAMICS |
|
|
|
- |
Flags and
paving, hearth or wall tiles, other than those of sub-headings 6907 30 and
6907 40: |
|
|
6907 21 00 |
-- |
Of a water
absorption coefficient by weight not exceeding 0.5% |
m2 |
12.5% |
6907 22 00 |
-- |
Of a water
absorption coefficient by weight exceeding 0.5% but not exceeding 10 % |
m2 |
12.5% |
6907 23 00 |
-- |
Of a water
absorption coefficient by weight exceeding 10% |
m2 |
12.5% |
6907 30 |
- |
Mosaic
cubes and the like, other than those of sub-heading 6907 40: |
|
|
6907 30 10 |
--- |
Mosaic
cubes and the like, other than those of sub-heading 6907 40 |
m2 |
12.5% |
6907 40 |
- |
Finishing
ceramics: |
|
|
6907 40 10 |
--- |
Finishing
ceramics |
m2 |
12.5%
"; |
|
|
(ii) the
heading 6908, sub-heading 6908 10, tariff items 6908 10 10 to 6908 10 90,
sub-heading 6908 90 and tariff items 6908 90 10 to 6908 90 90 and the entries
relating thereto shall be omitted; (32) in
Section XV, in Note 1, for clause (m), the following clause shall be
substituted, namely:-- "(m) hand
sieves, buttons, pens, pencil-holders, pen nibs, monopods, bipods, tripods
and similar articles or other articles of Chapter 96 (miscellaneous
manufactured articles); or"; (33)
in Chapter 74, in Note 1, for clause (c), the following clause shall be
substituted, namely:-- "(c) Master
alloys Alloys
containing with other elements more than 10 per cent. by weight, of copper
not usefully malleable and commonly used as an additive in the manufacture of
other alloys or as de-oxidants, de-sulphuring agents or for similar uses in
the metallurgy of non-ferrous metals. However, copper phosphide (phosphor
copper) containing more than 15% by weight of phosphorous falls in heading
2853."; (34)
in Chapter 82, for the entry in column (2) occurring against the heading
8205, for the words "MACHINE TOOLS", the words "MACHINE-TOOLS
OR WATER-JET CUTTING MACHINES" shall be substituted; (35) in
Chapter 83, for the entry occurring against heading 8308, the following shall
be substituted, namely:-- |
|
|
"8308 |
|
CLASPS,
FRAMES WITH CLASPS, BUCKLES, BUCKLE-CLASPS, HOOKS, EYES, EYELETS AND THE
LIKE, OF BASE METAL, OF A KIND USED FOR CLOTHING OR CLOTHING ACCESSORIES,
FOOTWEAR, JEWELLERY, WRIST WATCHES, BOOKS, AWNINGS, LEATHER GOODS, TRAVEL
GOODS OR SADDLERY OR FOR OTHER MADE UP ARTICLES; TUBULAR OR BIFURCATED
RIVETS, OF BASE METAL; BEADS AND SPANGLES, OF BASE METAL "; |
|
|
|
|
(36) in
Section XVI, in Note 1, for clause (q), the following clause shall be
substituted, namely:-- "(q) typewriter
or similar ribbons, whether or not on spools or in cartridges (classified
according to their constituent material, or in heading 9612 if inked or
otherwise prepared for giving impressions), or monopods, bipods, tripods and
similar articles, of heading 9620."; (37)
in Chapter 84,-- (i)
in Note 1,-- (A) in
clause (f), the word "or" shall be omitted; (B) after
clause (f), the following clause shall be inserted, namely:-- "(g)
radiators for the articles of Section XVII; or"; (C) the
existing clause (g) shall be re-lettered as (h); (ii) in
Note 2, in clause (e), for the words "machinery or plant", the
words "machinery, plant or laboratory equipment" shall be
substituted; (iii) in
Note 9, for clause (A), the following clause shall be substituted, namely:-- '(A) Notes
9(a) and 9(b) to Chapter 85 also apply with respect to the expressions
"semiconductor devices" and "electronic integrated
circuits", respectively, as used in this Note and in heading 8486.
However, for the purposes of this Note and of heading 8486, the expression
"semiconductor devices" also covers photosensitive semiconductor
devices and light-emitting diodes (LED).'; (iv)
in Sub-heading Notes,-- (A)
the following new Sub-heading Note 1 shall be inserted, namely:-- '1. For
the purposes of sub-heading 8465 20, the term "machining centres"
applies only to machine-tools for working wood, cork, bone, hard rubber, hard
plastics or similar hard materials, which can carry out different types of
machining operations by automatic tool change from a magazine or the like in
conformity with a machining programme.'; (B) the
existing Sub-heading Note 1 shall be re-numbered as Sub-heading Note 2 and
after Sub-heading Note 2 as so re-numbered, the following Sub-heading Note
shall be inserted, namely:-- '3. For
the purposes of sub-heading 8481 20, the expression "valves for
oleohydraulic or pneumatic transmissions" means valves which are used
specifically in the transmission of "fluid power" in a hydraulic or
pneumatic system, where the energy source is supplied in the form of
pressurised fluids (liquid or gas). These valves may be of any type (for
example, pressure-reducing type, check type). Sub-heading 8481 20 takes
precedence over all other subheadings of heading 8481.'; (C) the
existing Sub-heading Note 2 shall be re-numbered as Sub-heading Note 4; (v) in
heading 8415, for sub-heading 8415 10 and the entries relating thereto, the
following shall be substituted, namely:-- |
|
|
'8415 10 |
- |
Of a kind
designed to be fixed to a window, wall, ceiling or floor, self-contained or
"split-system":'; |
|
|
|
|
(vi) in
heading 8424,-- (a) after
tariff item 8424 30 00 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
|
"- |
Agricultural
or horticultural sprayers: |
|
|
8424 41 00 |
-- |
Portable
sprayers |
u |
Nil |
8424 49 00 |
-- |
Other |
u |
Nil
"; |
|
|
(b) for
tariff item 8424 81 00 and the entries relating thereto, the following shall
be substituted, namely:-- |
|
|
"8424
82 00 |
-- |
Agricultural
or horticultural |
u |
Nil
"; |
|
|
(vii) in
heading 8432,-- (a)
for tariff item 8432 30 00 and the entries relating thereto, the following
shall be substituted, namely:-- |
|
|
|
"- |
Seeders,
planters and transplanters: |
|
|
8432 31 00 |
-- |
No-till
direct seeders, planters and transplanters |
u |
Nil |
8432 39 00 |
-- |
Other |
u |
Nil
"; |
|
|
(b) for
tariff item 8432 40 00 and the entries relating thereto, the following shall
be substituted, namely:-- |
|
|
|
"- |
Manure
spreaders and fertiliser distributors: |
|
|
8432 41 00 |
-- |
Manure
spreaders |
u |
Nil |
8432 42 00 |
-- |
Fertiliser
distributors |
u |
Nil
"; |
|
|
(viii) for
heading 8442 and the entries relating thereto, the following shall be
substituted, namely:-- |
|
|
"8442 |
|
MACHINERY,
APPARATUS AND EQUIPMENT (OTHER THAN THE MACHINES OF HEADINGS 8456 TO 8465)
FOR PREPARING OR MAKING PLATES, PRINTING COMPONENTS; PLATES, CYLINDERS AND
LITHOGRAPHIC STONES, PREPARED FOR PRINTING PURPOSES (FOR EXAMPLE, PLANED,
GRAINED OR POLISHED)"; |
|
|
|
|
(ix) in heading
8456,-- (a) for
tariff item 8456 10 00 and the entries relating thereto, the following shall
be substituted, namely:-- |
|
|
|
"- |
Operated
by laser or other light or photon beam processes: |
|
|
8456 11 00 |
-- |
Operated
by laser |
u |
12.5% |
8456 12 00 |
-- |
Operated
by other light or photon beam processes |
u |
12.5%
"; |
|
|
(b) after
tariff item 8456 30 00 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
"8456
40 00 |
- |
Operated
by plasma arc processes |
u |
12.5% |
8456 50 00 |
- |
Water-jet
cutting machines |
u |
12.5%
"; |
|
|
(x) for
sub-heading 8459 40, tariff items 8459 40 10 to 8459 40 90 and the entries
relating thereto, the following shall be substituted, namely:-- |
|
|
|
"- |
Other
boring machines: |
|
|
8459 41 |
-- |
Numerically
controlled: |
|
|
8459 41 10 |
--- |
Jig boring
machines, horizontal |
u |
12.5% |
8459 41 20 |
--- |
Fine
boring machines, horizontal |
u |
12.5% |
8459 41 30 |
--- |
Fine
boring machines, vertical |
u |
12.5% |
8459 41 90 |
--- |
Other |
u |
12.5% |
8459 49 |
-- |
Other: |
|
|
8459 49 10 |
--- |
Jig boring
machines, horizontal |
u |
12.5% |
8459 49 20 |
--- |
Fine
boring machines, horizontal |
u |
12.5% |
8459 49 30 |
--- |
Fine
boring machines, vertical |
u |
12.5% |
8459 49 90 |
--- |
Other |
u |
12.5%
"; |
|
|
(xi) for
heading 8460, tariff items 8460 11 00 to 8460 21 00, sub-heading 8460 29,
tariff items 8460 29 10 to 8460 29 90 and the entries relating thereto, the
following shall be substituted, namely:-- |
|
|
"8460 |
|
MACHINE-TOOLS
FOR DEBURRING, SHARPENING, GRINDING, HONING, LAPPING, POLISHING OR OTHERWISE
FINISHING METAL, OR CERMETS BY MEANS OF GRINDING STONES, ABRASIVES OR
POLISHING PRODUCTS, OTHER THAN GEAR CUTTING, GEAR GRINDING OR GEAR FINISHING
MACHINES OF HEADING 8461 |
|
|
|
- |
Flat-surface
grinding machines: |
|
|
8460 12 00 |
-- |
Numerically
controlled |
u |
12.5% |
8460 19 00 |
-- |
Other |
u |
12.5% |
|
- |
Other
grinding machines: |
|
|
8460 22 00 |
-- |
Centreless
grinding machines, numerically controlled |
u |
12.5% |
8460 23 00 |
-- |
Other
cylindrical grinding machines, numerically controlled |
u |
12.5% |
8460 24 00 |
-- |
Other,
numerically controlled |
u |
12.5% |
8460 29 |
-- |
Other: |
|
|
8460 29 10 |
--- |
Cylindrical
grinders |
u |
12.5% |
8460 29 20 |
--- |
Internal
grinders |
u |
12.5% |
8460 29 30 |
--- |
Centreless
grinders |
u |
12.5% |
8460 29 40 |
--- |
Profile
grinders |
u |
12.5% |
8460 29 90 |
--- |
Other |
u |
12.5%
"; |
|
|
(xii)
after tariff item 8465 10 00 and the entries relating thereto, the following
shall be inserted, namely:-- |
|
|
"8465
20 00 |
- |
Machining
centres |
u |
12.5%
"; |
|
|
(xiii) in
heading 8466,-- (a) for
heading 8466, and the entries relating thereto, the following shall be
substituted, namely:-- |
|
|
"8466 |
|
PARTS AND
ACCESSORIES SUITABLE FOR USE SOLELY OR PRINCIPALLY WITH THE MACHINES OF
HEADINGS 8456 TO 8465 INCLUDING WORK OR TOOL HOLDERS, SELF-OPENING DIEHEADS,
DIVIDING HEADS AND OTHER SPECIAL ATTACHMENTS FOR THE MACHINES; TOOL HOLDERS
FOR ANY TYPE OF TOOL, FOR WORKING IN THE HAND"; |
|
|
|
|
(b) for
sub-heading 8466 30 and the entries relating thereto, the following shall be
substituted, namely:-- |
|
|
"8466
30 |
- |
Dividing
heads and other special attachments for machines:"; |
|
|
|
|
(xiv) the
heading 8469, sub-heading 8469 00, tariff items 8469 00 10 to 8469 00 90 and
the entries relating thereto shall be omitted; (xv) in
heading 8472, for tariff item 8472 90 90 and the entries relating thereto the
following shall be substituted, namely:-- |
|
|
|
"--- |
Other: |
|
|
8472 90 91 |
---- |
Word-processing
machines |
u |
12.5% |
8472 90 92 |
---- |
Automatic
typewriters |
u |
12.5% |
8472 90 93 |
---- |
Braille
typewriters, electric |
u |
Nil |
8472 90 94 |
---- |
Braille
typewriters, non-electric |
u |
Nil |
8472 90 95 |
---- |
Other
typewriters, electric or non-electric |
u |
12.5% |
8472 90 99 |
---- |
Other |
u |
12.5%
"; |
|
|
(xvi) in
heading 8473,-- (a) for
heading 8473 and the entries relating thereto, the following shall be
substituted, namely:-- |
|
|
"8473 |
|
PARTS AND
ACCESSORIES (OTHER THAN COVERS, CARRYING CASES AND THE LIKE) SUITABLE FOR USE
SOLELY OR PRINCIPALLY WITH MACHINES OF HEADINGS 8470 TO 8472"; |
|
|
|
|
(b) the
tariff item 8473 10 00 and the entries relating thereto shall be omitted; (c) for
tariff item 8473 50 00 and the entries relating thereto, the following shall
be substituted, namely:-- |
|
|
"8473
50 00 |
- |
Parts and
accessories equally suitable for use with the machines of two or more of the
headings 8470 to 8472 |
u |
12.5%
"; |
|
|
(38) in
Chapter 85,-- (i) in the
Notes, after Note 2, the following shall be inserted, namely:-- '3. For
the purposes of heading 8507, the expression "electric
accumulators" includes those presented with ancillary components which
contribute to the accumulator's function of storing and supplying energy or
protect it from damage, such as electrical connectors, temperature control
devices (for example, thermistors) and circuit protection devices. They may
also include a portion of the protective housing of the goods in which they
are to be used.'; (ii) the
existing Notes 3, 4, 5, 6, 7, 8 and 9 shall respectively be re-numbered as 4,
5, 6, 7, 8, 9 and 10; (iii) in
Note 9 as so re-numbered, in clause (b), after sub-clause (iii), the
following new sub-clause shall be inserted, namely:-- '(iv) Multi-component
integrated circuits (MCOs): a combination of one or more monolithic, hybrid,
or multi-chip integrated circuits with at least one of the following
components: silicon-based sensors, actuators, oscillators, resonators or
combinations thereof, or components performing the functions of articles
classifiable under heading 8532, 8533, 8541, or inductors classifiable under
heading 8504, formed to all intents and purposes indivisibly into a single
body like an integrated
circuit, as a component of a kind used for assembly onto a printed circuit
board (PCB) or other carrier, through the connecting of pins, leads, balls,
lands, bumps, or pads. For
the purpose of this definition: (1)
"Components" may be discrete, manufactured independently then
assembled onto the rest of the MCO, or integrated into other components. (2)
"Silicon based" means built on a silicon substrate, or made of
silicon materials, or manufactured onto integrated circuit die. (3) (a)
"Silicon based sensors" consist of microelectronic or mechanical
structures that are created in the mass or on the surface of a semiconductor
and that have the function of detecting physical or chemical quantities and
transducing these into electric signals, caused by resulting variations in
electric properties or displacement of a mechanical structure. "Physical
or chemical quantities" relates to real world phenomena, such as
pressure, acoustic waves, acceleration, vibration, movement, orientation,
strain, magnetic field strength, electric field strength, light, radioactivity,
humidity, flow, chemicals concentration, etc. (b)
"Silicon based actuators" consist of microelectronic and mechanical
structures that are created in the mass or on the surface of a semiconductor
and that have the function of converting electrical signals into physical
movement. (c)
"Silicon based resonators" are components that consist of
microelectronic or mechanical structures that are created in the mass or on
the surface of a semiconductor and have the function of generating a
mechanical or electrical oscillation of a predefined frequency that depends
on the physical geometry of these structures in response to an external
input. (d)
"Silicon based oscillators" are active components that consist of
microelectronic or mechanical structures that are created in the mass or on
the surface of a semiconductor and that have the function of generating a
mechanical or electrical oscillation of a predefined frequency that depends
on the physical geometry of these structures.'; (iv) in
heading 8528, for tariff items 8528 41 00 to 8528 69 00 and the entries
relating thereto, the following shall be substituted, namely:-- |
|
|
"8528
42 00 |
-- |
Capable of
directly connecting to and designed for use with an automatic data processing
machine of heading 8471 |
u |
12.5% |
8528 49 00 |
-- |
Other |
u |
12.5% |
|
- |
Other
monitors: |
|
|
8528 52 00 |
-- |
Capable of
directly connecting to and designed for use with an automatic data processing
machine of heading 8471 |
u |
12.5% |
8528 59 00 |
-- |
Other |
u |
12.5% |
|
- |
Projectors: |
|
|
8528 62 00 |
-- |
Capable of
directly connecting to and designed for use with an automatic data processing
machine of heading 8471 |
u |
12.5% |
8528 69 00 |
-- |
Other |
u |
12.5%
"; |
|
|
(v) for
tariff item 8531 20 00 and the entries relating thereto, the following shall
be substituted, namely:-- |
|
|
"8531
20 00 |
- |
Indicator
panels incorporating liquid crystal devices (LCD) or light-emitting diodes
(LED) |
u |
12.5%
"; |
|
|
(vi) in
heading 8539,-- (a) for
heading 8539 and the entries relating thereto, the following shall be
substituted, namely:-- |
|
|
"8539 |
|
ELECTRIC
FILAMENT OR DISCHARGE LAMPS INCLUDING SEALED BEAM LAMP UNITS AND ULTRA-VIOLET
OR INFRA-RED LAMPS, ARC LAMPS; LIGHT-EMITTING DIODE (LED) LAMPS"; |
|
|
|
|
(b) after
tariff item 8539 49 00 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
"8539
50 00 |
- |
Light-emitting
diode (LED) lamps |
u |
12.5%
"; |
|
|
(vii) in
heading 8541,-- (a) for
heading 8541 and the entries relating thereto, the following shall be
substituted, namely:-- |
|
|
"8541 |
|
DIODES, TRANSISTORS
AND SIMILAR SEMI-CONDUCTOR DEVICES; PHOTOSENSITIVE SEMI-CONDUCTOR DEVICES;
INCLUDING PHOTO VOLTAIC CELLS, WHETHER OR NOT ASSEMBLED IN MODULES OR MADE UP
INTO PANELS; LIGHT-EMITTING DIODES (LED); MOUNTED PIEZO-ELECTRIC
CRYSTALS"; |
|
|
|
|
(b) for
tariff item 8541 10 00 and the entries relating thereto, the following shall
be substituted, namely:-- |
|
|
"8541
10 00 |
- |
Diodes,
other than photosensitive or light-emitting diodes(LED) |
u |
12.5%
"; |
|
|
(c) for
sub-heading 8541 40 and the entries relating thereto, the following shall be
substituted, namely:-- |
|
|
"8541
40 |
- |
Photosensitive
semi-conductor devices, including photo voltaic cells whether or not
assembled in modules or made up into panels; light-emitting diodes
(LED):"; |
|
"; |
|
|
(39) in
Section XVII, in Note 2, for clause (e), the following clause shall be
substituted, namely:-- "(e) machines
and apparatus of headings 8401 to 8479, or parts thereof, other than the
radiators for the articles of this Section, articles of heading 8481 or 8482
or, provided they constitute integral parts of engines and motors, articles
of heading 8483;"; (40)
in Chapter 87,-- (i)
in heading 8701,-- (a)
for tariff item 8701 10 00, the following shall be substituted, namely:-- |
|
|
"8701
10 00 |
- |
Single
axle tractors |
u |
12.5%
"; |
|
|
(b) for
sub-heading 8701 90, tariff items 8701 90 10 and 8701 90 90 and the entries
relating thereto, the following shall be substituted, namely:-- |
|
|
|
"- |
Other, of
an engine power: |
|
|
8701 91 00 |
-- |
Not
exceeding 18 kW |
u |
12.5% |
8701 92 00 |
-- |
Exceeding
18 kW but not exceeding 37 kW |
u |
12.5% |
8701 93 00 |
-- |
Exceeding
37 kW but not exceeding 75 kW |
u |
12.5% |
8701 94 00 |
-- |
Exceeding
75 kW but not exceeding 130 kW |
u |
12.5% |
8701 95 00 |
-- |
Exceeding
130 kW |
u |
12.5%
"; |
|
|
(ii) in heading
8702, for sub-heading 8702 10, tariff items 8702 10 11 to 8702 10 99,
sub-heading 8702 90, tariff items 8702 90 11 to 8702 90 99, the following
shall be substituted, namely:-- |
|
|
"8702
10 |
- |
With only
compression-ignition internal combustion piston engine (diesel or
semi-diesel): |
|
|
|
--- |
Vehicles
for transport of not more than 13 persons, including the driver: |
|
|
8702 10 11 |
---- |
Integrated
monocoque vehicle, air-conditioned |
u |
27% |
8702 10 12 |
---- |
Integrated
monocoque vehicle, non air-conditioned |
u |
27% |
8702 10 18 |
---- |
Other,
air-conditioned |
u |
27% |
8702 10 19 |
---- |
Other, non
air-conditioned |
u |
27% |
|
--- |
Other: |
|
|
8702 10 21 |
---- |
Integrated
monocoque vehicle, air-conditioned |
u |
12.5% |
8702 10 22 |
---- |
Integrated
monocoque vehicle, non air-conditioned |
u |
12.5% |
8702 10 28 |
---- |
Other,
air-conditioned |
u |
12.5% |
8702 10 29 |
---- |
Other, non
air-conditioned |
u |
12.5% |
8702 20 |
- |
With both
compression-ignition internal combustion piston engine (diesel or
semi-diesel) and electric motor as motors for propulsion: |
|
|
|
--- |
Vehicles
for transport of not more than 13 persons, including the driver: |
|
|
8702 20 11 |
---- |
Integrated
monocoque vehicle, air-conditioned |
u |
27% |
8702 20 12 |
---- |
Integrated
monocoque vehicle, non air-conditioned |
u |
27% |
8702 20 18 |
---- |
Other,
air-conditioned |
u |
27% |
8702 20 19 |
---- |
Other, non
air-conditioned |
u |
27% |
|
--- |
Other: |
|
|
8702 20 21 |
---- |
Integrated
monocoque vehicle, air-conditioned |
u |
12.5% |
8702 20 22 |
---- |
Integrated
monocoque vehicle, non air-conditioned |
u |
12.5% |
8702 20 28 |
---- |
Other,
air-conditioned |
u |
12.5% |
8702 20 29 |
---- |
Other, non
air-conditioned |
u |
12.5% |
8702 30 |
- |
With both
spark-ignition internal combustion reciprocating piston engine and electric
motor as motors for propulsion: |
|
|
|
--- |
Vehicles
for transport of not more than 13 persons, including the driver: |
|
|
8702 30 11 |
---- |
Integrated
monocoque vehicle, air-conditioned |
u |
27% |
8702 30 12 |
---- |
Integrated
monocoque vehicle, non air-conditioned |
u |
27% |
8702 30 18 |
---- |
Other,
air-conditioned |
u |
27% |
8702 30 19 |
---- |
Other, non
air-conditioned |
u |
27% |
|
--- |
Other: |
|
|
8702 30 21 |
---- |
Integrated
monocoque vehicle, air-conditioned |
u |
12.5% |
8702 30 22 |
---- |
Integrated
monocoque vehicle, non air-conditioned |
u |
12.5% |
8702 30 28 |
---- |
Other,
air-conditioned |
u |
12.5% |
8702 30 29 |
---- |
Other, non
air-conditioned |
u |
12.5% |
8702 40 |
- |
With only
electric motor for propulsion: |
|
|
|
--- |
Vehicles
for transport of not more than 13 persons, including the driver: |
|
|
8702 40 11 |
---- |
Integrated
monocoque vehicle, air-conditioned |
u |
12.5% |
8702 40 12 |
---- |
Integrated
monocoque vehicle, non air-conditioned |
u |
12.5% |
8702 40 18 |
---- |
Other,
air-conditioned |
u |
12.5% |
8702 40 19 |
---- |
Other, non
air-conditioned |
u |
12.5% |
|
--- |
Other: |
|
|
8702 40 21 |
---- |
Integrated
monocoque vehicle, air-conditioned |
u |
12.5% |
8702 40 22 |
---- |
Integrated
monocoque vehicle, non air-conditioned |
u |
12.5% |
8702 40 28 |
---- |
Other, air-conditioned |
u |
12.5% |
8702 40 29 |
---- |
Other, non
air-conditioned |
u |
12.5% |
8702 90 |
- |
Other: |
|
|
|
--- |
Vehicles
for transport of not more than 13 persons, including the driver: |
|
|
8702 90 11 |
---- |
Integrated
monocoque vehicle, air-conditioned |
u |
27% |
8702 90 12 |
---- |
Integrated
monocoque vehicle, non air-conditioned |
u |
27% |
8702 90 18 |
---- |
Other,
air-conditioned |
u |
27% |
8702 90 19 |
---- |
Other, non
air-conditioned |
u |
27% |
|
--- |
Other: |
|
|
8702 90 21 |
---- |
Integrated
monocoque vehicle, air-conditioned |
u |
27% |
8702 90 22 |
---- |
Integrated
monocoque vehicle, non air-conditioned |
u |
27% |
8702 90 28 |
---- |
Other,
air-conditioned |
u |
27% |
8702 90 29 |
---- |
Other, non
air-conditioned |
u |
27%
"; |
|
|
(iii) in
heading 8703,-- (a) in the
entry in column (2) occurring after tariff item 8703 10 90 and the entries
relating thereto, after the word "with", the word "only"
shall be inserted; (b) in the
entry in column (2) occurring after tariff item 8703 24 99 and the entries
relating thereto, for the words "with compression ignition", the
words "with only compression-ignition" shall be substituted; (c) the
tariff items 8703 31 20 and 8703 32 20 and the entries relating thereto shall
be omitted; (d) after
tariff item 8703 33 99 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
"8703
40 |
- |
Other
vehicles, with both spark-ignition internal combustion reciprocating piston
engine and electric motor as motors for propulsion, other than those capable
of being charged by plugging to external source of electric power: |
|
|
8703 40 10 |
--- |
Vehicles
principally designed for transport of more than seven persons, including
driver |
u |
30% |
8703 40 20 |
--- |
Specialised
transport vehicles such as ambulances, prison vans and the like |
u |
30% |
8703 40 30 |
--- |
Motor cars |
u |
30% |
8703 40 40 |
--- |
Three-wheeled
vehicles |
u |
24% |
8703 40 90 |
--- |
Other |
u |
30% |
8703 50 |
- |
Other
vehicles, with both compression-ignition internal combustion piston engine
(diesel or semi-diesel) and electric motor as motors for propulsion, other
than those capable of being charged by plugging to external source of
electric power: |
|
|
8703 50 10 |
--- |
Vehicles
principally designed for transport of more than seven persons, including
driver |
u |
30% |
8703 50 20 |
--- |
Specialised
transport vehicles such as ambulances, prison vans and the like |
u |
30% |
8703 50 30 |
--- |
Motor cars |
u |
30% |
8703 50 40 |
--- |
Three-wheeled
vehicles |
u |
24% |
8703 50 90 |
--- |
Other |
u |
30% |
8703 60 |
- |
Other
vehicles, with both spark-ignition internal combustion reciprocating piston
engine and electric motor as motors for propulsion, capable of being charged
by plugging to external source of electric power: |
|
|
8703 60 10 |
--- |
Vehicles
principally designed for transport of more than seven persons, including
driver |
u |
30% |
8703 60 20 |
--- |
Specialised
transport vehicles such as ambulances, prison vans and the like |
u |
30% |
8703 60 30 |
--- |
Motor cars |
u |
30% |
8703 60 40 |
--- |
Three-wheeled
vehicles |
u |
24% |
8703 60 90 |
--- |
Other |
u |
30% |
8703 70 |
- |
Other
vehicles, with both compression-ignition internal combustion piston engine
(diesel or semi-diesel) and electric motor as motors for propulsion, capable
of being charged by plugging to external source of electric power: |
|
|
8703 70 10 |
--- |
Vehicles
principally designed for transport of more than seven persons, including driver |
u |
30% |
8703 70 20 |
--- |
Specialised
transport vehicles such as ambulances, prison vans and the like |
u |
30% |
8703 70 30 |
--- |
Motor cars |
u |
30% |
8703 70 40 |
--- |
Three-wheeled
vehicles |
u |
24% |
8703 70 90 |
--- |
Other |
u |
30% |
8703 80 |
- |
Other
vehicles, with only electric motor for propulsion: |
|
|
8703 80 10 |
--- |
Vehicles
principally designed for transport of more than seven persons, including
driver |
u |
12.5% |
8703 80 20 |
--- |
Specialised
transport vehicles such as ambulances, prison vans and the like |
u |
12.5% |
8703 80 30 |
--- |
Motor cars |
u |
12.5% |
8703 80 40 |
--- |
Three-wheeled
vehicles |
u |
12.5% |
8703 80 90 |
--- |
Other |
u |
30%
"; |
|
|
(e) for
sub-heading 8703 90, tariff items 8703 90 10 and 8703 90 90 and the entries
relating thereto, the following shall be substituted, namely:-- |
|
|
"8703
90 00 |
- |
Other |
u |
30%
"; |
|
|
(iv) in
heading 8711,-- (a) after
tariff item 8711 50 00 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
"8711
60 |
- |
With
electric motor for propulsion: |
|
|
8711 60 10 |
--- |
Motor
cycles |
u |
12.5% |
8711 60 20 |
--- |
Scooters |
u |
12.5% |
8711 60 30 |
--- |
Mopeds |
u |
12.5% |
8711 60 90 |
--- |
Others |
u |
12.5%
"; |
|
|
(b) for
sub-heading 8711 90, tariff items 8711 90 10 to 8711 90 99 and the entries
relating thereto, the following shall be substituted, namely:-- |
|
|
"8711
90 |
- |
Other: |
|
|
8711 90 10 |
--- |
Side cars |
u |
12.5% |
8711 90 90 |
--- |
Other |
u |
12.5%
"; |
|
|
(41) in
Chapter 90,-- (i) in
Note 1,-- (A) in
clause (g), after the word "machine-tools", the words "or
water-jet cutting machines" shall be inserted; (B) after
clause (k), the following clause shall be inserted, namely:-- "(l)
monopods, bipods, tripods and similar articles, of heading 9620;"; (C) the
existing clauses (l) and (m) shall respectively be re-lettered as (m) and
(n); (ii) in
heading 9006, the tariff item 9006 10 00 and the entries relating thereto
shall be omitted; (42) in
Chapter 92, in Note 1, for clause (d), the following clause shall be
substituted, namely:-- "(d)
brushes for cleaning musical instruments (heading 9603), or monopods, bipods,
tripods and similar articles (heading 9620); or"; (43) in
Chapter 94,-- (i) in
Note 1,-- (A) in
clause (k), the word "or" shall be omitted; (B) in
clause (l), the word "or" shall be inserted at the end; (C) after
clause (l), the following clause shall be inserted, namely:-- "(m)
monopods, bipods, tripods and similar articles (heading 9620)."; (ii) for
tariff item 9401 51 00 and the entries relating thereto, the following shall
be substituted, namely:-- |
|
|
"9401
52 00 |
-- |
Of bamboo |
u |
12.5% |
9401 53 00 |
-- |
Of rattan |
u |
12.5%
"; |
|
|
(iii) for
tariff item 9403 81 00 and the entries relating thereto, the following shall
be substituted, namely:-- |
|
|
"9401
82 00 |
-- |
Of bamboo |
u |
12.5% |
9401 83 00 |
-- |
Of rattan |
u |
12.5%
"; |
|
|
(iv) for
heading 9406, sub-heading 9406 00, tariff items 9406 00 11 to 9406 00 99 and
the entries relating thereto, the following shall be substituted, namely:-- |
|
|
"9406 |
|
PREFABRICATED
BUILDINGS |
|
|
9406 10 |
- |
Of wood: |
|
|
9406 10 10 |
--- |
Green-houses |
u |
12.5% |
9406 10 20 |
--- |
For cold
storage |
u |
12.5% |
9406 10 30 |
--- |
Silos for
storing ensilage |
u |
12.5% |
9406 10 90 |
--- |
Other |
u |
12.5% |
9406 90 |
- |
Other: |
|
|
9406 90 10 |
--- |
Green-houses |
u |
12.5% |
9406 90 20 |
--- |
For cold
storage |
u |
12.5% |
9406 90 30 |
--- |
Silos for
storing ensilage |
u |
12.5% |
9406 90 90 |
--- |
Other |
u |
12.5%
"; |
|
|
(44) in
Chapter 95,-- (i) in
Note 1,-- (A) for
clause (e), the following clause shall be substituted, namely:-- "(e) fancy
dress of textiles, of Chapter 61 or 62; sports clothing and special articles
of apparel of textiles, of Chapter 61 or 62, whether or not incorporating
incidentally protective components such as pads or padding in the elbow, knee
or groin areas (for example, fencing clothing or soccer goalkeeper
jerseys);"; (B) after
clause (t), the following clause shall be inserted, namely:-- "(u)
monopods, bipods, tripods and similar articles (heading 9620);"; (C) the
existing clauses (u) and (v) shall respectively be re-lettered as (v) and
(w); (45) in
Chapter 96, after tariff item 9619 00 90 and the entries relating thereto,
the following shall be inserted, namely:-- |
|
|
"9620
00 00 |
- |
MONOPODS,
BIPODS, TRIPODS AND SIMILAR ARTICLES |
u |
12.5%
". |
Schedule IX
THE NINTH SCHEDULE
[See section 147]
Tariff
Item |
|
Description
of goods |
Unit |
Rate of
Duty |
(1) |
|
(2) |
(3) |
(4) |
|
|
In the
Second Schedule to the Central Excise Tariff Act,-- (i) in
heading 4011, for tariff items 4011 61 00 to 4011 99 00 and the entries
relating thereto, the following shall be substituted, namely:- |
|
|
"4011
50 90 |
--- |
Other |
u |
8% |
4011 70 00 |
- |
Of a kind
used on agricultural or forestry vehicles and machines |
u |
8% |
4011 80 00 |
- |
Of a kind
used on construction, mining or industrial handling vehicles and machines |
u |
8% |
4011 90 00 |
- |
Other |
u |
8%"; |
|
|
(ii) for
sub-heading 5402 20 and the entries relating thereto, the following shall be
substituted, namely:-- |
|
|
"5402
20 |
-- |
High
tenacity yarn of polyesters, whether or not textured: "; |
|
|
|
|
(iii) in
heading 8415, for sub-heading 8415 10 and the entries relating thereto, the
following shall be substituted, namely:-- |
|
|
'8415 10 |
- |
Of a kind
designed to be fixed to a window, wall, ceiling or floor, self-contained or
"split-system":'; |
|
|
|
|
(iv) in
sub-heading 8702 10, for tariff items 8702 10 11 to 8702 10 99, sub-heading
8702 90, tariff items 8702 90 11 to 8702 90 20 and the entries relating
thereto, the following shall be substituted, namely:-- |
|
|
"8702
10 |
- |
With only
compression-ignition internal combustion piston engine (diesel or
semi-diesel): |
|
|
|
--- |
Vehicles
for transport of not more than 13 persons, including the driver: |
|
|
8702 10 11 |
---- |
Integrated
monocoque vehicle, air-conditioned |
u |
8% |
8702 10 12 |
---- |
Integrated
monocoque vehicle, non air-conditioned |
u |
8% |
8702 10 18 |
---- |
Other,
air-conditioned |
u |
8% |
8702 10 19 |
---- |
Other, non
air-conditioned |
u |
8% |
|
--- |
Other: |
|
|
8702 10 21 |
---- |
Integrated
monocoque vehicle, air-conditioned |
u |
8% |
8702 10 22 |
---- |
Integrated
monocoque vehicle, non air-conditioned |
u |
8% |
8702 10 28 |
---- |
Other,
air-conditioned |
u |
8% |
8702 10 29 |
---- |
Other, non
air-conditioned |
u |
8% |
8702 20 |
- |
With both
compression-ignition internal combustion piston engine (diesel or
semi-diesel) and electric motor as motors for propulsion: |
|
|
|
--- |
Vehicles
for transport of not more than 13 persons, including the driver: |
|
|
8702 20 11 |
---- |
Integrated
monocoque vehicle, air-conditioned |
u |
8% |
8702 20 12 |
---- |
Integrated
monocoque vehicle, non air-conditioned |
u |
8% |
8702 20 18 |
---- |
Other,
air-conditioned |
u |
8% |
8702 20 19 |
---- |
Other, non
air-conditioned |
u |
8% |
|
--- |
Other: |
|
|
8702 20 21 |
---- |
Integrated
monocoque vehicle, air-conditioned |
u |
8% |
8702 20 22 |
---- |
Integrated
monocoque vehicle, non air-conditioned |
u |
8% |
8702 20 28 |
---- |
Other,
air-conditioned |
u |
8% |
8702 20 29 |
---- |
Other, non
air-conditioned |
u |
8% |
8702 30 |
- |
With both
spark-ignition internal combustion reciprocating piston engine and electric
motor as motors for propulsion: |
|
|
|
--- |
Vehicles
for transport of not more than 13 persons, including the driver: |
|
|
8702 30 11 |
---- |
Integrated
monocoque vehicle, air-conditioned |
u |
8% |
8702 30 12 |
---- |
Integrated
monocoque vehicle, non air-conditioned |
u |
8% |
8702 30 18 |
---- |
Other,
air-conditioned |
u |
8% |
8702 30 19 |
---- |
Other, non
air-conditioned |
u |
8% |
|
--- |
Other: |
|
|
8702 30 21 |
---- |
Integrated
monocoque vehicle, air-conditioned |
u |
8% |
8702 30 22 |
---- |
Integrated
monocoque vehicle, non air-conditioned |
u |
8% |
8702 30 28 |
---- |
Other,
air-conditioned |
u |
8% |
8702 30 29 |
---- |
Other, non
air-conditioned |
u |
8% |
8702 40 |
- |
With only
electric motor for propulsion: |
|
|
|
--- |
Vehicles
for transport of not more than 13 persons, including the driver: |
|
|
8702 40 11 |
---- |
Integrated
monocoque vehicle, air-conditioned |
u |
8% |
8702 40 12 |
---- |
Integrated
monocoque vehicle, non air-conditioned |
u |
8% |
8702 40 18 |
---- |
Other, air-conditioned |
u |
8% |
8702 40 19 |
---- |
Other, non
air-conditioned |
u |
8% |
|
--- |
Other: |
|
|
8702 40 21 |
---- |
Integrated
monocoque vehicle, air-conditioned |
u |
8% |
8702 40 22 |
---- |
Integrated
monocoque vehicle, non air-conditioned |
u |
8% |
8702 40 28 |
---- |
Other, air-conditioned |
u |
8% |
8702 40 29 |
---- |
Other, non
air-conditioned |
u |
8% |
8702 90 |
- |
Other: |
|
|
|
--- |
Vehicles
for transport of not more than 13 persons, including the driver: |
|
|
8702 90 11 |
---- |
Integrated
monocoque vehicle, air-conditioned |
u |
8% |
8702 90 12 |
---- |
Integrated
monocoque vehicle, non air-conditioned |
u |
8% |
8702 90 18 |
---- |
Other,
air-conditioned |
u |
8% |
8702 90 19 |
---- |
Other, non
air-conditioned |
u |
8% |
|
--- |
Other: |
|
|
8702 90 21 |
---- |
Integrated
monocoque vehicle, air-conditioned |
u |
8% |
8702 90 22 |
---- |
Integrated
monocoque vehicle, non air-conditioned |
u |
8% |
8702 90 28 |
---- |
Other,
air-conditioned |
u |
8% |
8702 90 29 |
---- |
Other, non
air-conditioned |
u |
8% "; |
|
|
(v) in
sub-heading 8703 10,-- (a) in the
entry in column (2) occurring after tariff item 8703 10 90 and the entries
relating thereto, after the word "with", the word "only"
shall be inserted; (b) in the
entry in column (2) occurring after tariff item 8703 24 99 and the entries
relating thereto, for the word "with", the word "only"
shall be inserted; (c) after
tariff item 8703 33 99 and the entries relating thereto, the following shall
be inserted, namely:-- |
|
|
"8703
40 |
- |
Other
vehicles, with both spark-ignition internal combustion reciprocating piston
engine and electric motor as motors for propulsion, other than those capable
of being charged by plugging to external source of electric power: |
|
|
8703 40 10 |
--- |
Vehicles
principally designed for transport of more than seven persons, including
driver |
u |
8% |
8703 40 20 |
--- |
Specialised
transport vehicles such as ambulances, prison vans and the like |
u |
8% |
8703 40 30 |
--- |
Motor cars |
u |
8% |
8703 40 40 |
--- |
Three-wheeled
vehicles |
u |
8% |
8703 40 90 |
--- |
Other |
u |
8% |
8703 50 |
- |
Other
vehicles, with both compression-ignition internal combustion piston engine
(diesel or semi-diesel) and electric motor as motors for propulsion, other
than those capable of being charged by plugging to external source of
electric power: |
|
|
8703 50 10 |
--- |
Vehicles
principally designed for transport of more than seven persons, including
driver |
u |
8% |
8703 50 20 |
--- |
Specialised
transport vehicles such as ambulances, prison vans and the like |
u |
8% |
8703 50 30 |
--- |
Motor cars |
u |
8% |
8703 50 40 |
--- |
Three-wheeled
vehicles |
u |
8% |
8703 50 90 |
--- |
Other |
u |
8% |
8703 60 |
- |
Other
vehicles, with both spark-ignition internal combustion reciprocating piston
engine and electric motor as motors for propulsion, capable of being charged
by plugging to external source of electric power: |
|
|
8703 60 10 |
--- |
Vehicles
principally designed for transport of more than seven persons, including
driver |
u |
8% |
8703 60 20 |
--- |
Specialised
transport vehicles such as ambulances, prison vans and the like |
u |
8% |
8703 60 30 |
--- |
Motor cars |
u |
8% |
8703 60 40 |
--- |
Three-wheeled
vehicles |
u |
8% |
8703 60 90 |
--- |
Other |
u |
8% |
8703 70 |
- |
Other
vehicles, with both compression-ignition internal combustion piston engine
(diesel or semi-diesel) and electric motor as motors for propulsion, capable
of being charged by plugging to external source of electric power: |
|
|
8703 70 10 |
--- |
Vehicles
principally designed for transport of more than seven persons, including
driver |
u |
8% |
8703 70 20 |
--- |
Specialised
transport vehicles such as ambulances, prison vans and the like |
u |
8% |
8703 70 30 |
--- |
Motor cars |
u |
8% |
8703 70 40 |
--- |
Three-wheeled
vehicles |
u |
8% |
8703 70 90 |
--- |
Other |
u |
8% |
8703 80 |
- |
Other
vehicles, with only electric motor for propulsion: |
|
|
8703 80 10 |
--- |
Vehicles
principally designed for transport of more than seven persons, including
driver |
u |
8% |
8703 80 20 |
--- |
Specialised
transport vehicles such as ambulances, prison vans and the like |
u |
8% |
8703 80 30 |
--- |
Motor cars |
u |
8% |
8703 80 40 |
--- |
Three-wheeled
vehicles |
u |
8% |
8703 80 90 |
--- |
Other |
u |
8%"; |
|
|
(vi) for
sub-heading 8703 90, tariff items 8703 90 10 and 8703 90 90 and the entries
relating thereto, the following shall be substituted, namely:-- |
|
|
"8703
90 00 |
- |
Other |
u |
8%". |
Schedule X
THE TENTH SCHEDULE
(See section 160)
Notification
No. |
Amendment |
Period of
effect of amendment |
(1) |
(2) |
(3) |
G.S.R.
519(E), dated the 29th June, 2012 [No. 41/2012-Service Tax, dated the 29th
June, 2012] |
In the
said notification, in the Explanation,- (a) in
clause (A), for sub-clause (i), the following sub-clause shall be substituted
and shall be deemed to have been substituted, namely:-- "(i)
in the case of excisable goods, taxable services that have been used beyond
factory or any other place or premises of production or manufacture of the
said goods, for their export;"; (b) clause
(B) shall be omitted. |
1st day of
July, 2012 to 2nd February, 2016 (both days inclusive). |
Schedule XI
THE ELEVENTH SCHEDULE
(See section 162)
Item No. |
Description
of goods |
Rate |
(1) |
(2) |
(3) |
1. |
All goods
falling under heading 8703 of the First Schedule to the Central Excise Tariff
Act, 1985 (5 of 1986). |
4% |
Schedule XII
THE TWELFTH SCHEDULE
[See section 231 (i)]
In the
Seventh Schedule to the Finance Act, 2001,--
(a)
in column
(1), for the tariff item "2403 10 10", the tariff item "2403 11
10" shall be substituted;
(b)
in column
(1), for the tariff item "2403 10 20", the tariff item "2403 19
10" shall be substituted;
(c)
in column
(1), for the tariff item "2403 10 31", the tariff item "2403 19
21" shall be substituted;
(d)
in column
(1), for the tariff item "2403 10 39", the tariff item "2403 19
29" shall be substituted;
(e)
in column
(1), for the tariff item "2403 10 90", the tariff item "2403 19
90" shall be substituted.
Schedule XIII
THE THIRTEENTH SCHEDULE
[See section 231 (ii)]
In the
Seventh Schedule to the Finance Act, 2001,--
(i)
for
sub-heading 8702 10, tariff items 8702 10 11 to 8702 10 19 and sub-heading 8702
90, tariff items 8702 90 11 to 8702 90 20 and the entries relating thereto, the
following shall be substituted, namely:--
Tariff
Item |
|
Description
of goods |
Unit |
Rate of
Duty |
(1) |
|
(2) |
(3) |
(4) |
"8702
10 |
- |
With only
compression-ignition internal combustion piston engine (diesel or
semi-diesel): |
|
|
|
--- |
Vehicles
for transport of not more than 13 persons, including the driver: |
|
|
8702 10 11 |
---- |
Integrated
monocoque vehicle, air-conditioned |
u |
1% |
8702 10 12 |
---- |
Integrated
monocoque vehicle, non air-conditioned |
u |
1% |
8702 10 18 |
---- |
Other,
air-conditioned |
u |
1% |
8702 10 19 |
---- |
Other, non
air-conditioned |
u |
1% |
8702 20 |
- |
With both
compression-ignition internal combustion piston engine (diesel or semi-diesel)
and electric motor as motors for propulsion: |
|
|
|
--- |
Vehicles
for transport of not more than 13 persons, including the driver: |
|
|
8702 20 11 |
---- |
Integrated
monocoque vehicle, air-conditioned |
u |
1% |
8702 20 12 |
---- |
Integrated
monocoque vehicle, non air-conditioned |
u |
1% |
8702 20 18 |
---- |
Other,
air-conditioned |
u |
1% |
8702 20 19 |
---- |
Other, non
air-conditioned |
u |
1% |
8702 30 |
- |
With both
spark-ignition internal combustion reciprocating piston engine and electric
motor as motors for propulsion: |
|
|
|
--- |
Vehicles
for transport of not more than 13 persons, including the driver: |
|
|
8702 30 11 |
---- |
Integrated
monocoque vehicle, air-conditioned |
u |
1% |
8702 30 12 |
---- |
Integrated
monocoque vehicle, non air-conditioned |
u |
1% |
8702 30 18 |
---- |
Other, air-conditioned |
u |
1% |
8702 30 19 |
---- |
Other, non
air-conditioned |
u |
1% |
8702 40 |
- |
With only
electric motor for propulsion: |
|
|
|
--- |
Vehicles
for transport of not more than 13 persons, including the driver: |
|
|
8702 40 11 |
---- |
Integrated
monocoque vehicle, air-conditioned |
u |
1% |
8702 40 12 |
---- |
Integrated
monocoque vehicle, non air-conditioned |
u |
1% |
8702 40 18 |
---- |
Other,
air-conditioned |
u |
1% |
8702 40 19 |
---- |
Other, non
air-conditioned |
u |
1% |
8702 90 |
- |
Other: |
|
|
|
--- |
Vehicles
for transport of not more than 13 persons, including the driver: |
|
|
8702 90 11 |
---- |
Integrated
monocoque vehicle, air-conditioned |
u |
1% |
8702 90 12 |
---- |
Integrated
monocoque vehicle, non air-conditioned |
u |
1% |
8702 90 18 |
---- |
Other,
air-conditioned |
u |
1% |
8702 90 19 |
---- |
Other, non
air-conditioned |
u |
1%"; |
(ii)
in the entry
in column (2) occurring after tariff item 8703 10 90 and the entries relating
thereto, after the word "with", the word "only" shall be
inserted;
(iii)
in the entry
in column (2) occurring after tariff item 8703 24 99 and the entries relating
thereto, after the word "with", the word "only" shall be
inserted;
(iv)
after tariff
item 8703 33 99 and the entries relating thereto, the following shall be
inserted, namely:--
Tariff
Item |
|
Description
of goods |
Unit |
Rate of
Duty |
(1) |
|
(2) |
(3) |
(4) |
"8703
40 |
- |
Other
vehicles, with both spark-ignition internal combustion reciprocating piston
engine and electric motor as motors for propulsion, other than those capable
of being charged by plugging to external source of electric power: |
|
|
8703 40 10 |
--- |
Vehicles
principally designed for transport of more than seven persons, including
driver |
u |
1% |
8703 40 20 |
--- |
Specialised
transport vehicles such as ambulances, prison vans and the like |
u |
1% |
8703 40 30 |
--- |
Motor cars |
u |
1% |
8703 40 40 |
--- |
Three-wheeled
vehicles |
u |
1% |
8703 40 90 |
--- |
Other |
u |
1% |
8703 50 |
- |
Other
vehicles, with both compression-ignition internal combustion piston engine
(diesel or semi-diesel) and electric motor as motors for propulsion, other
than those capable of being charged by plugging to external source of
electric power: |
|
|
8703 50 10 |
--- |
Vehicles
principally designed for transport of more than seven persons, including
driver |
u |
1% |
8703 50 20 |
--- |
Specialised
transport vehicles such as ambulances, prison vans and the like |
u |
1% |
8703 50 30 |
--- |
Motor cars |
u |
1% |
8703 50 40 |
--- |
Three-wheeled
vehicles |
u |
1% |
8703 50 90 |
--- |
Other |
u |
1% |
8703 60 |
- |
Other
vehicles, with both spark-ignition internal combustion reciprocating piston
engine and electric motor as motors for propulsion, capable of being charged
by plugging to external source of electric power: |
|
|
8703 60 10 |
--- |
Vehicles
principally designed for transport of more than seven persons, including
driver |
u |
1% |
8703 60 20 |
--- |
Specialised
transport vehicles such as ambulances, prison vans and the like |
u |
1% |
8703 60 30 |
--- |
Motor cars |
u |
1% |
8703 60 40 |
--- |
Three-wheeled
vehicles |
u |
1% |
8703 60 90 |
--- |
Other |
u |
1% |
8703 70 |
- |
Other
vehicles, with both compression-ignition internal combustion piston engine
(diesel or semi-diesel) and electric motor as motors for propulsion, capable
of being charged by plugging to external source of electric power: |
|
|
8703 70 10 |
--- |
Vehicles
principally designed for transport of more than seven persons, including
driver |
u |
1% |
8703 70 20 |
--- |
Specialised
transport vehicles such as ambulances, prison vans and the like |
u |
1% |
8703 70 30 |
--- |
Motor cars |
u |
1% |
8703 70 40 |
--- |
Three-wheeled
vehicles |
u |
1% |
8703 70 90 |
--- |
Other |
u |
1% |
8703 80 |
- |
Other
vehicles, with only electric motor for propulsion: |
|
|
8703 80 10 |
--- |
Vehicles
principally designed for transport of more than seven persons, including
driver |
u |
1% |
8703 80 20 |
--- |
Specialised
transport vehicles such as ambulances, prison vans and the like |
u |
1% |
8703 80 30 |
--- |
Motor cars |
u |
1% |
8703 80 40 |
--- |
Three-wheeled
vehicles |
u |
1% |
8703 80 90 |
--- |
Other |
u |
1%"; |
|
|
(v) for
sub-heading 8703 90, tariff items 8703 90 10 and 8703 90 90 and the entries
relating thereto, the following shall be substituted, namely:-- |
|
|
"8703
90 00 |
- |
Other |
u |
1%". |
Schedule XIV
THE FOURTEENTH SCHEDULE
(See section 234)
In the
Seventh Schedule to the Finance Act, 2005,--
(a)
for the
entry in column (4) occurring against tariff item 2402 20 10, the entry
"Rs. 215 per thousand" shall be substituted;
(b)
for the
entry in column (4) occurring against tariff item 2402 20 20, the entry
"Rs. 370 per thousand" shall be substituted;
(c)
for the
entry in column (4) occurring against tariff item 2402 20 30, the entry
"Rs. 215 per thousand" shall be substituted;
(d)
for the
entry in column (4) occurring against tariff item 2402 20 40, the entry
"Rs. 260 per thousand" shall be substituted;
(e)
for the
entry in column (4) occurring against tariff item 2402 20 50, the entry
"Rs. 370 per thousand" shall be substituted;
(f)
for the
entry in column (4) occurring against tariff item 2402 20 90, the entry
"Rs. 560 per thousand" shall be substituted.
Schedule XV
THE FIFTEENTH SCHEDULE
(See section 239)
REPEALS
Year |
No. |
Short
title |
Extent of
repeal |
(1) |
(2) |
(3) |
(4) |
1946 |
22 |
The Mica
Mines Labour Welfare Fund Act, 1946 |
Section 2. |
1953 |
49 |
The Salt
Cess Act, 1953 |
The whole. |
1958 |
44 |
The
Merchant Shipping Act, 1958 |
Section
261, clause (y) of section 262, section 356M, section 356N,
clause (e) of section 356-O. |
1963 |
41 |
The
Textiles Committee Act, 1963 |
Sections
5A, 5D, 5E, 5F, clause (aa) of sub-section (1) of section
7 and clause (da) of sub-section (2) of section 22. |
1972 |
62 |
The
Limestone and Dolomite Mines Labour Welfare Fund Act, 1972 |
Sections
3, 4 and clauses (a) to (f) of subsection (2) of section 16. |
1975 |
26 |
The
Tobacco Cess Act, 1975 |
The whole. |
1976 |
55 |
The Iron
Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare Cess Act,
1976 |
Sections
3, 4, 5 and section 6. |
1981 |
30 |
The
Cine-workers Welfare Cess Act, 1981 |
Clause (a)
of section 3. |
AMENDMENTS
Year |
No. |
Short
title |
Amendments |
(1) |
(2) |
(3) |
(4) |
1972 |
62 |
The
Limestone and Dolomite Mines Labour Welfare Fund Act, 1972 |
For
sub-section (1) of section 5, the following sub-section shall be
substituted, namely:-- "(1)
The Central Government shall constitute a fund called the Limestone and
Dolomite Labour Welfare Fund (hereinafter referred to as the Fund).". |
1976 |
56 |
The Beedi
Workers Welfare Cess Act, 1976 |
In
sub-section (1) of section 3, for the words "not be less than fifty
paisa or more than five rupees", the words "not be less than five
rupees or more than twenty-four rupees" shall be substituted. |
Statement of Objects and Reasons - FINANCE ACT, 2016
The object
of the Bill is to give effect to the financial proposals of the Central
Government for the financial year 2016-2017. The notes on clauses explain the
various provisions contained in the Bill.
[2] Substituted by the Finance Act, 2017 for the
following:-
"with
effect from the 1st day of April, 2017"
[3] W.e.f. 01.06.2016 vide Notification No.
37/2016 dated 27.05.2016
[5] Inserted by Finance Act,
2021, w.e.f. 01.04.2020
[6] Inserted by Finance Act, 2020, w.e.f.
01.04.2020
[7] Inserted by Finance Act, 2021 w.e.f.
01.04.2020
[8] Substituted by Finance Act, 2020, w.e.f.
01.04.2020 for the following:-
Charge of
equalisation levy
[9] Inserted by Finance Act, 2020, w.e.f.
01.04.2020
[10] Substituted by Finance Act, 2020 (12 of
2020) as published in the gazette of India, Extraordinary, Part II, Section 1,
issue No. 20 dated 27.03.2020, for the following:-
"April"
[11] Substituted by Finance Act, 2021, w.e.f.
01.04.2020, for the following:-
"section,
"specified circumstances" mean--"
[12] Inserted by Finance Act, 2021, w.e.f.
01.04.2020
[13] Substituted by Finance Act, 2020, w.e.f.
01.04.2020 for the following:-
"Collection
and recovery of equalisation"
[15] Inserted by Finance Act, 2020, w.e.f. 01.04.2020
[19] Substituted by Finance Act, 2020, w.e.f.
01.04.2020 for the following:-
"specified
services was provided"
[34] Inserted by Finance Act, 2020, w.e.f. 01.04.2020
[44] Substituted by Finance Act, 2020, w.e.f.
01.04.2020 for the following:-
"expiry
of a period of two years from the date on which the provisions of this Chapter
come into force"
[45] Inserted by Finance (no. 2) Act,
2019 w.e.f. 01.06.2016 (28 of 2016)
[46] Inserted by Finance (no. 2) Act,
2019 w.e.f. 01.06.2016
[47] Inserted by Finance Act, 2021 w.e.f.
01.06.2016
[48] Omitted by the Finance Act, 2017 the
previous text was:-
"(c)
where any income has accrued, arisen or received or any asset has been acquired
out of such income prior to commencement of this Scheme, and no declaration in
respect of such income is made under this Scheme,--
(i)
such income
shall be deemed to have accrued, arisen or received, as the case may be; or
(ii)
the value of
the asset acquired out of such income shall be deemed to have been acquired or
made, in the year in which a notice under section 142, sub-section (2)
of section 143 or section 148 or section
153A or section 153C of the Income-tax Act is issued by the
Assessing Officer, and the provisions of the Income-tax Act shall apply
accordingly."
[49] Inserted by the Taxation Laws (Second
Amendment) Act, 2016
[50] Inserted by the Taxation Laws (Second
Amendment) Act, 2016
[51] Inserted by the Taxation Laws (Second
Amendment) Act, 2016
[52] Inserted by the Taxation Laws (Second
Amendment) Act, 2016
[53] Inserted by the Taxation Laws (Second
Amendment) Act, 2016
[54] Inserted by the Taxation Laws (Second
Amendment) Act, 2016
[55] Inserted by the Taxation Laws (Second
Amendment) Act, 2016
[56] Inserted by the Taxation Laws (Second
Amendment) Act, 2016
[57] Inserted by the Taxation Laws (Second
Amendment) Act, 2016
[58] Inserted by the Taxation Laws (Second
Amendment) Act, 2016
[59] Inserted by the Taxation Laws (Second
Amendment) Act, 2016
[60] Inserted by the Taxation Laws (Second
Amendment) Act, 2016
[61] Inserted by the Taxation Laws (Second
Amendment) Act, 2016
[62] Inserted by the Taxation Laws (Second
Amendment) Act, 2016
[63] Inserted by the Taxation Laws (Second
Amendment) Act, 2016
[64] Inserted by the Taxation Laws (Second
Amendment) Act, 2016
[65] Inserted by the Taxation Laws (Second
Amendment) Act, 2016
[66] Inserted by the Taxation Laws (Second
Amendment) Act, 2016
[67] W.e.f. 22.11.2016 vide Notification No.
GSR1080(E) dated 21.11.2016