Goods and Services Tax

Annexure – Draft-Bills-Reports – Annexure – TAXATION LAWS (AMENDMENT) BILL, 2017 – Annexure – EXTRACT FROM THE FINANCE ACT, 2001 (14 OF 2001) * * * * * THE SEVENTH SCHEDULE (See section 136) NOTES 1. In this Schedule, "heading", "sub-heading" and "Chapter" mean respectively a heading, sub-heading and Chapter in the First Schedule to the Central Excise Tariff Act. 2. The rules for the interpretation of the First Schedule to the Central Excise Tariff Act, the Section and Chapter Notes and the General Explanatory Notes of the First Schedule shall apply to the interpretation of this Schedule. Heading Sub-heading No. No. Description of Goods Rate of duty (1) (2) (3) (4) 21.06 2106.00 Pan masala 23% 24.03 2403.11 –

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r, the length of filter being 11 millimetres or its actual length, whichever is more) exceeding 75 millimetres but not exceeding 85 millimetres ₹ 190 per thousand 2403.19 – Other ₹ 235 per thousand 2403.20 – Cigarettes of tobacco substitutes ₹ 150 per thousand 24.04 2404.10 – Smoking mixtures for pipes and cigarettes 45% 2404.31 – Other than paper rolled biris, manufactured without the aid of machines Re. 1.00 per thousand 2404.39 – Other ₹ 2.00 per thousand 2404.41 – Chewing tobacco and preparations containing chewing tobacco 10% 2404.49 – Pan masala containing tobacco 10% 2404.50 – Snuff of tobacco and preparations containing snuff of tobacco in any proportion 10% 2404.99 – Other 10% – Statutory Provisions, Acts, R

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Annexure – Draft-Bills-Reports – Annexure – TAXATION LAWS (AMENDMENT) BILL, 2017 – Annexure – THE FIRST SCHEDULE THE SECOND SCHEDULE [See section 8] Tobacco THE THIRD SCHEDULE [See section 2( f ) (iii)] NOTES 1. In this Schedule, "heading", "sub-heading" and "tariff item" mean respectively a heading, sub-heading and tariff item in the First Schedule to the Central Excise Tariff Act, 1985 (5 of 1986). 2. The rules for the interpretation of the First Schedule to the Central Excise Tariff Act, 1985 (5 of 1986), the Section and Chapter Notes and the General Explanatory Notes of the said First Schedule shall, apply to the interpretation of this Schedule. S. No. Heading, sub-heading or tariff item Description of goods (1) (2) (3) 1. 0402 91 10 or 0402 99 20 Concentrated (condensed) milk, whether sweetened or not put up in unit containers and ordinarily intended for sale 2. 1702 Preparation of other sugar 3. 1702 Sugar syrups not containing added flavouring or c

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entrates or with a basis of coffee 15.A 2101 20 Extracts, essences and concentrates, of tea or mate, and preparations with a basis of these extracts, essences or conventrates or with a basis of tea or mate 16. 2102 All goods 17. 2105 00 00 Ice cream and other edible ice, whether or not containings cocoa 18. 2106 90 20 Pan masala, only in retail packs containing ten grams or more per pack, other than the goods containing not more than 15% betel nut by weight and not containing tobacco in any proportion 19. 2106 90 30 Betel nut powder known as "Supari" 20. 2106 90 11 Sharbat 21. 2106 10 00, 2106 90 19, 2106 90 40, 2106 90 50, 2106 90 60, 2106 90 70 2106 90 80, 2106 90 91, 2106 90 99 Edible preparations (excluding "Prasad or prasadam"), not elsewhere specified or included, bearing a brand name 22. 2201 Waters, including natural or artificial mineral waters (excluding Aerated waters), bearing a brand name 23. 2201 10 20 Aerated waters 23A. 2202 All goods 24. 2202 10 10

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his heading, "Patent or proprietary medicaments" means any drug or medicinal preparation, in whatever from, for use in the internal or external treatment of, or for the prevention of ailments in human beings or animals, which bears either on itself or on its container or both, a name which is not specified in a monograph, in a Pharmacopoeia, Formulary or other publications, namely:- (a) the Indian Pharmacopoeia; (b) the International Pharmacopoeia; (c) the National Formulary of India; (d) the British Pharmacopoeia; (e) the British Pharmaceutical Codex; (f) the British Veterinary Codex; (g) the United States Pharmacopoeia; (h) the National Formulary of the U.S.A.; (i) the Dental Formulary of the U.S.A.; and (j) the State Pharmacopoeia of the U.S.S.R.; or which is a brand name, that is, a name or a registered trade mark under the Trade Marks Act, 1999 (47 of 1999), or any other mark such as a symbol, monogram, label, signature or invented words or any writing which is used in r

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ther registered or not, that is to say, a name or a mark, such as a symbol, monogram, label, signature or invented words or any writing which is used in relation to a medicament, for the purpose of indicating, or so as to indicate, a connection in the course of trade between the medicament and some person using such name or mark with or without any indication of the identity of that person. 32. 3204 20 or 3204 90 00 Synthetic organic products of a kind used as florescent brightening agents or as a luminophores 33. 3206 All goods other than pigments and inorganic products of a kind used as luminophores 34. 3208 or 3209 or 3210 All goods 35. 3212 90 Dyes and other colouring matter put up in forms or small packing of a kind used for domestic or laboratory purposes 36 (i) 3213 (ii) 3214 All goods All goods excluding primers (heading 3208), varnishes (heading 3209) 36A. 3215 90 10 Fountain pen ink 36B. 3215 90 20 Ball pen ink 36C. 3215 90 40 Drawing ink 37. (i) 3303 Perfumes and toilet wate

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icides, herbicides, weedicides and pesticides 47. 3808 Disinfectants and similar products 47A. 3808 93 40 Plant growth regulators 48. 3814 00 10 Thinners 49. 3819 Hydraulic brake fluids and other propared liquids for hydraulic transmission, not containing or containing less than 70% by weight of petroleum oils obtained from bituminous minerals 50. 3820 20 00 Anti-freezing preparations and prepared de-icing fluids 51. 3824 or 3825 Stencil correctors and other correcting fluids, ink removers put up in packing for retail sale 52. 3919 Self-adhesive tapes of plastics 53. 3923 or 3924 Insulated ware 53A. 39 or 40 Nipples for feeding bottles 53B. 4015 Surgical rubber gloves or medical examination rubber gloves 54. 4816 Carbon paper, self-copy paper, duplicator stencils, of paper 55. 4818 Cleansing or facial tissues, handkerchiefs and towels of paper pulp, paper, cellulose wadding or webs of cellulose fibres 56. 6401 to 6405 Footwear 57. 6506 10 Safety headgear 58. 6907 Vitrified tiles, wheth

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3 39 70 Facsimile machines 71C. 8443 99 51 Ink cartridges, with print head assembly 72. 8450 Household or laundry type washing machines, including machines which both was and dry 73. 8469 Typewriters 74. 8470 Calculating machines and pocket-size data recording, reproducing and displaying machines with calculating functions 74A. 8471 30 All goods 74B. 8471 60 All goods 75. 8472 Stapling machines (staplers) 76. 8506 All goods other than parts falling under tariff item 8506 90 00 76A. 8508 All goods other than parts falling under tariff item 8508 70 00 77. 8509 All goods other than parts falling under tariff item 8509 90 00 78. 8510 All goods other than parts falling under tariff item 8510 90 00 79. 8513 All goods other than parts falling under tariff item 8513 90 00 80. 8516 Electric instantaneous or storage water heaters and immersion heaters, electric space heating apparatus and soil heating apparatus, electro-thermic hair-dressing apparatus (for example, hair dryers, hair curlers, cur

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ch is intended for sale or capable of being sold off the shalf. 85 to 88. * * * 89. 8517 or 8525 60 Mobile handsets including Cellular Phones and Radio trunking terminals 89A. 8527 Pagers 90. 8527 Radio sets including transistor sets, having the facility of receiving radio signals and converting the same into audio output with no other additional facility like sound recording or reporducing or clock in the same housing or attached to it. 91. 8527 Reception appartus for radio-broadcasting, whether or not combined, in the same housing with sound recording or reproducing apparatus or a clock 92. 8528 Television receivers (including video monitors and video projectors), whether or not incorporating radio broadcast recivers or sound or video recording or reproducing apparatus. 92A. 8528 Monitors of a kind solely or principally used in an automatic data processing machine 92B. 8528 71 00 Set top boxes for television sets 93. 8536 (except 8536 70 00 All goods 94. Chapter 85 All goods falling

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Annexure – Draft-Bills-Reports – Annexure – TAXATION LAWS (AMENDMENT) BILL, 2017 – Annexure – CHAPTER II LEVY AND COLLECTION OF DUTY Duties specified in the First Schedule and the Second Schedule to the Central Excise Tariff Act, 1985 to be levied. (1) There shall be levied and collected in such manner as may be prescribed,- (a) a duty of excise to be called the Central Value Added Tax (CENVAT) on all excisable goods (excluding goods produced or manufactured in special economic sones) which are produced or manufactured in India as, and at the rates, set forth in the First Schedule to the Central Excise Tariff Act, 1985. (5 of 1986) (b) a special duty of excise, in addition to the duty of excise specified in clause (a) above, on excisable goods (excluding goods produced or manufactured in special economic zones) specified in the Second Schedule to the Central Excise Tariff Act, 1985 (5 of 1986) which are produced or manufactured in India, as, and at the rates, set forth in the said Sec

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shall, for the purposes of this proviso, be deemed to be leviable at the highest of those rates. Explanation 2.-In this proviso,- (i) * * * * * * (ii) "hundred per cent export-oriented undertaking" means an undertaking which has been approved as a hundred per cent export-oriented undertaking by the Board appointed in this behalf by the Central Government in exercise of the powers conferred by section 14 of the Industries (Development and Regulation) Act, 1951, (65 of 1951) and the rules made under that Act. (iii) "Special Economic Zone" has the meaning assigned to it in clause (za) of section 2 of the Special Economic Zones Act, 2005. (28 of 2005) (1A) The provisions of sub-section (1) shall apply in respect of all excisable goods other than salt which are produced or manufactured in India by, or on behalf of, Government, as they apply in respect of goods which are not produced or manufactured by Government. (2) The Central Government may, by notification in the Of

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e duty on the basis of capacity of production in respect of notified goods. (3A) (1) * * * * * Explanation 1.- For the removal of doubts, it is hereby clarified that for the purposes of section 3 of the Customs Tariff Act, 1975, (51 of 1975) the duty of excise leviable on the notified goods shall be deemed to be the duty of excise leviable on such goods under the First Schedule and the Second Schedule to the Central Excise Tariff Act, 1985, (51 of 1975) read with any notification for the time being in force. * * * * * Publication of rules and notifications and laying of rules before Parliament. 38. (1) All rules made and notifications issued under this Act shall be published in the Official Gazette. (2) Every rule made under this Act, every notification issued under [section 3A, section 4A, sub-section (1) of section 5A, section 5B and section 11C and every order made under sub-section (2) of section 5A, other than an order relating to goods of strategic, secret, individual or personal

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Annexure – Draft-Bills-Reports – Annexure – TAXATION LAWS (AMENDMENT) BILL, 2017 – Annexure – EXTRACTS FROM THE CENTRAL EXCISE ACT, 1944 (1 OF 1944) * * * * Definitions In this Act, unless there is anything repugnant in the subject or context,- (a) * * * * * (d) "excisable goods" means goods specified in the First Schedule and the Second Schedule to the Central Excise Tariff Act, 1985 (5 of 1986) as being subject to a duty of excise and includes salt; Explanation.-For the purposes of this clause, "goods" includes any article, material or substance which is capable of being bought and sold for a consideration and such goods shall be deemed to be marketable. (e) "factory" means any premises, including the precin

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Annexure – Draft-Bills-Reports – Annexure – TAXATION LAWS (AMENDMENT) BILL, 2017 – Annexure – EXTRACTS FROM THE CUSTOMS TARIFF ACT, 1975 (51 OF 1975) * * * * * Levy of additional duty equal to excise duty, sales tax, local taxes and other charges. 3.(1) * * * * * (2) For the purpose of calculating under sub-sections (1) and (3), the additional duty on any imported article, where such duty is leviable at any percentage of its value, the value of the imported article shall, notwithstanding anything contained in section 14 of the Customs Act, 1962, (52 of 1962) be the aggregate of- (i) * * * * * (ii) any duty of customs chargeable on that article under section 12 of the Customs Act, 1962, (52 of 1962) and any sum chargeable on that article un

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e shall be deemed to be the retail sale price declared on the imported article less such amount of abatement, if any, from such retail sale price as the Central Government may, by notification in the Official Gazette, allow in respect of such like article under clause (2) of the said Explanation. Explanation.-Where on any any imported article more than one retail sale price is declared, the maximum of such retail rice shall be deemed to be the retail sale price for the purposes of this section.] (6) For the purpose of calculating under sub-section (5), the additional duty on any imported article, the value of the imported article shall, notwithstanding anything contained in sub-section (2) or section 14 of the Customs Act, 1962 (52 of 1962)

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Annexure – Draft-Bills-Reports – Annexure – TAXATION LAWS (AMENDMENT) BILL, 2017 – Annexure – ANNEXURE EXTRACT FROM THE CUSTOMS ACT, 1962 (52 OF 1962) Definitions * * * * * 2. In this Act, Unless the

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MEMO – Draft-Bills-Reports – MEMORANDUM – TAXATION LAWS (AMENDMENT) BILL, 2017 – MEMO – MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 3 of the Bill seeks to insert new sections 108A and 108B in the Customs Act, 1962. Sub-section (1) of proposed section 108A empowers the Central Government to make rules to provide for the information to be furnished by persons specified therein in respect of import or export of goods and the manner of furnishing such information. 2. The matters in respect of which rules or regulations may be made or notifications may be issued in accordance with the provisions of the Bill are matters of procedure and detail and it is not practicable to provide for them in the Bill. 3. The delegation of legislative power is, therefore, of a normal character. FINANCIAL MEMORANDUM The Bill proposes to make certain amendments in the Customs Act, 1962, the Customs Tariff Act, 1975, the Central Excise Act, 1944, the Finance Act, 2001, the Finance Act, 2005 and to repeal

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ments in the Customs Act, 1962, the Customs Tariff Act, 1975, the Central Excise Act, 1944, the Finance Act, 2001 and the Finance Act, 2005 and repeal of certain enactments. 3. The Customs Act, 1962 provides for removal of goods from a customs station to a warehouse without payment of duty. It is proposed to amend the said Act to include 'warehouse' in the definition of "customs area" to ensure that an importer would not be required to pay the proposed integrated goods and services tax at the time of removal of goods from a customs station to a warehouse. It is also proposed to amend the said Act to insert new provisions therein so as to provide for furnishing of information by specified persons in respect of import or export of goods, on the lines of the Income-tax Act, 1961, the Central Excise Act, 1944, Chapter V of the Finance Act, 1994 and the legislations referred to in paragraph 1. 4. The Customs Tariff Act, 1975 is proposed to be amended to provide for levy of

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lating to certain definitions, charging sections, provisions of deemed manufacture and insertion of emergency powers to increase the rate of duty, on the same lines as are presently provided in the Central Excise Tariff Act, 1985. 6. Consequent to the introduction of goods and services tax, the cesses or surcharges levied or collected as duties of central excise on excisable goods or as service tax on taxable services would become irrelevant, as the supplies of such goods [except Petroleum Crude, Motor Spirit (Petrol), High Speed Diesel, Aviation Turbine Fuel and Natural Gas, Tobacco and Tobacco products] and such services would be chargeable to goods and services tax. The proposed Bill seeks to abolish certain cesses or surcharges which are levied or collected as duty of excise or service tax under various Acts. The proposed Bill also seeks to abolish the cess levied on water consumed by certain industries and by local authorities under the Water (Prevention and Control of Pollution)

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THE THIRD SCHEDULE – Draft-Bills-Reports – SCHEDULES – TAXATION LAWS (AMENDMENT) BILL, 2017 – THE THIRD SCHEDULE – THE THIRD SCHEDULE (See section 15) Year No. Short title of enactments Extent of repeal (1) (2) (3) (4) 1947 24 The Rubber Act, 1947 Clause (b) of sub-section (1) of section 9 and section 12 1951 65 The Industries (Development and Regulation) Act, 1951 Section 9 1953 29 The Tea Act, 1953 Clause (c) of section 3, sections 25 and 26 and clause (a) of sub-section (1) of section 27 197

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THE SECOND SCHEDULE – Draft-Bills-Reports – SCHEDULES – TAXATION LAWS (AMENDMENT) BILL, 2017 – THE SECOND SCHEDULE – THE SECOND SCHEDULE (See section 12) THE FOURTH SCHEDULE [See section 2 (d) and 2 (f) (ii)] General Rules for the interpretation of this Schedule Classification of goods in this Schedule shall be governed by the following principles: 1. The titles of Sections, Chapters and Sub-Chapters are provided for ease of reference only; for legal purposes, classification shall be determined according to the terms of the headings and any relative Sections or Chapter Notes and, provided such headings or Notes do not otherwise require, according to the following provisions. 2. Any reference in a heading- (a) to an article shall be taken to include a reference to that article incomplete or unfinished, provided that, as presented, the incomplete or unfinished article has the essential character of the complete or finished article. It shall also be taken to include a reference to that a

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ontained in mixed or composite goods or to part only of the items in a set put up for retail sale, those headings are to be regarded as equally specific in relation to those goods, even if one of them gives a more complete or precise description of the goods; (b) mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale, which cannot be classified by reference to clause (a), shall be classified as if they consisted of the material or component which gives them their essential character, insofar as this criterion is applicable; (c) when goods cannot be classified by reference to clause (a) or clause (b), they shall be classified under the heading which occurs last in numerical order among those which equally merit consideration. 4. Goods which cannot be classified in accordance with the above rules shall be classified under the heading appropriate to the goods to which they are most akin. 5. For legal purpose

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n of an article or group of articles is preceded by "" or "", the said article or group of articles shall be taken to be a sub-classification of the immediately preceding description of the article or group of articles which has "-" or "-". 2. The abbreviation "%" in column (4) of this Schedule, in relation to the rate of duty, indicates that the duty on the goods to which the entry relates shall be charged on the basis of the value of the goods fixed, defined or deemed to be, as the case may be, under or in subsection (2), read with sub-section (3), of section 3 or section 4 or section 4A of the Central Excise Act, 1944, (1 of 1944.) the duty being equal to such percentage of the value as is indicated in that column. Additional Notes In this Schedule,- (1) the expression,- (a) "heading", in respect of goods, means a description in list of tariff provisions accompanied by a four-digit number and includes all sub-headings of ta

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BACCO AND MANUFACTURED TOBACCO SUBSTITUTES NOTE In this Section, the expression "unit container" means a container, whether large or small (for example, tin, can, box, jar, bottle, bag or carton, drum, barrel or canister) designed to hold a predetermined quantity or number. Chapter 24 TOBACCO AND MANUFACTURED TOBACCO SUBSTITUTES NOTES 1. In this Chapter, "brand name" means a brand name, whether registered or not, that is to say, a name or a mark, such as a symbol, monogram, label, signature invented words or any writing which is used in relation to a product, for the purpose of indicating, or so as to indicate, a connection in the course of trade between the product and some person using such name or mark with or without any indication of the identity of that person. 2. In relation to products of heading 2401or 2402 or 2403, labelling or relabelling of containers or repacking from bulk packs to retail packs or the adoption of any other treatment to render the produc

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and whether manufactured or not, and includes the leaf, stalks and stems of the tobacco plant, but does not include any part of a tobacco plant while still attached to the earth. (2) "cut-tobacco" means the prepared or processed cut-to-size tobacco which is generally blended or moisturised to a desired extent for use in the manufacture of machinerolled cigarettes. (3) "smoking mixtures for pipes and cigarettes" of sub-heading 2403 10 does not cover " Gudaku". Tariff item Description of goods Unit Rate of Duty (1) (2) (3) (4) 2401 Unmanufactured Tobacco; Tobacco Refuse 2401 10 – Tobacco, not stemmed or stripped: 2401 10 10 Flue cured virginia tobacco kg. 64% 2401 10 20 Sun cured country (natu) tobacco kg. 64% 2401 10 30 Sun cured virginia tobacco kg. 64% 2401 10 40 Burley tobacco kg. 64% 2401 10 50 Tobacco for manufacture of biris, not stemmed kg. 64% 2401 10 60 Tobacco for manufacture of chewing tobacco kg. 64% 2401 10 70 Tobacco for manufacture of

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containing tobacco : 2402 20 10 Other than filter cigarettes, of length not exceeding 65 millimetres Tu ₹ 1280 per thousand 2402 20 20 Other than filter cigarettes, of length exceeding 65 millimetres but not exceeding 70 millimetres Tu ₹ 2335 per Thousand 2402 20 30 Filter cigarettes of length (including the length of the filter, the length of filter being 11 millimetres or its actual length, whichever is more) not exceeding 65 millimetres Tu ₹ 1280 per Thousand 2402 20 40 Filter cigarettes of length (including the length of the filter, the length of filter being 11 milliterres or its actual length, whichever is more) exceeding 65 millimetres but not exceeding 70 millimetres Tu ₹ 1740 per Thousand 2402 20 50 Filter cigarettes of length (including the length of the filter, the length of filter being 11 millimetres or its actual length, whichever is more) excdeeing 70 millimetres but not exceeding 75 millimetres Tu ₹ 2335 per thousand 2402 20 90 Other

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reconstituted tobacco kg. 60% 2403 99 – Other : 2403 99 10 Chewing tobacco kg. 81% 2403 99 20 Preparations containing chewing tobacco kg. 60% 2403 99 30 Jarda scented tobacco kg. 81% 2403 99 40 Snuff kg. 60% 2403 99 50 Preparations containing snuff kg. 60% 2403 99 60 Tobacco extracts and essence kg. 60% 2403 99 70 Cut-tobacco kg. ₹ 70 per kg 2403 99 90 Other kg. 81% SECTION V MINERAL PRODUCTS CHAPTER 27 MINERAL FUELS, MINERAL OILS AND PRODUCTS OF THEIR DISTILLATION; BITUMINOUS SUBSTANCES; MINERAL WAXES NOTES 1. References in heading 2710 to "petroleum oils and oils obtained from bituminous minerals" include not only petroleum oils and oils obtained from bituminous minerals, but also similar oils, as well as those consisting mainly of mixed unsaturated hydrocarbons, obtained by any process, provided that the weight of the non-aromatic constituents exceeds that of the aromatic constituents. However, the references do not include liquid synthetic polyolefins of wh

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ave the meanings hereby assigned to them:- (1) "motor spirit" means any hydrocarbon oil (excluding crude mineral oil) which has its flash point below 25ºC and which either by itself or in admixture with any other substance, is suitable for use as fuel in spark ignition engines. "Special boiling point spirits (tariff items 2710 12 11, 2710 12 12 and 2710 12 13 )" means light oils, as defined in sub-heading Note 4, not containing any anti-knock preparations, and with a difference of not more than 60ºC between the temperatures at which 5% and 90% by volume (including losses) distil; (2) ''natural gasoline liquid (NGL)'' is a low-boiling liquid petroleum product extracted from Natural Gas; (3) "aviation turbine fuel (ATF)" means any hydrocarbon oil conforming to the Indian Standards Specification of Bureau of Indian Standards IS : 1571:1992:2000; (4) "high speed diesel (HSD)" means any hydrocarbon oil conforming to the India

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omparison Test" shall be done in the following manner, namely:- (i) first prepare a five per cent. weight by volume solution of Potassium Iodine (analytical reagent quality) in distilled water; (ii) to this, add Iodine (analytical reagent quality) in requisite amount to prepare an exactly 0.04 normal Iodine solution; (iii) thereafter, compare the colour of the mineral oil under test with the Iodine solution so prepared. Tariff item Description of goods Unit Rate of Duty (1) (2) (3) (4) 2709 Petroleum oils and oils obtained from bituminous minerals, crude. Kg. ….. 2709 10 00 – Petroleum oils and oils obtained from bituminous minerals Kg. ….. 2709 20 00 – Petroleum crude Nil 2710 Petroleum oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing by weight 70% or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations; waste oil

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s 15.00 per litre 2710 19 – Other: 2710 19 10 Superior Kerosene oil (SKO) Kg. ….. 2710 19 20 Aviation turbine Fuel (ATF) Kg. 14% 2710 19 30 High speed diesel (HSD) Kg. 14%+Rs 15.00 per litre 2710 19 40 Light Diesel oil (LDO) Kg. ….. 2710 19 50 Fuel oil Kg. ….. 2710 19 60 Base oil Kg. ….. 2710 19 70 Jute batching oil and textile oil Kg. ….. 2710 19 80 Lubricating oil Kg. ….. 2710 19 90 Other Kg. ….. – Waste oil: ….. 2710 20 00 Petroleum oils and oils obtained from bituminous minerals (other than crude) and preparations not elsewhere specified or included, containing by weight 70% or more of petroleum oils or of oil obtained from bituminous minerals, these oils being the basic constituents of the preparations, containing biodiesel, other than waste oils Kg. ….. 2710 91 00 – Containing Polychlorinated biphenyls (PCBs), polychlorinated terphenyls (PCTs) or polybrominated biphenyls (PBBs) Kg. ….. 2710 99 00 – Oth

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THE FIRST SCHEDULE – Draft-Bills-Reports – SCHEDULES – TAXATION LAWS (AMENDMENT) BILL, 2017 – THE FIRST SCHEDULE – THE FIRST SCHEDULE (See section 11) "THE THIRD SCHEDULE [See section 2 (f) (iii)] NOTES 1. In this Schedule, "heading", "sub-heading" and "tariff item" mean respectively, a heading, sub-heading and tariff item in the Fourth Schedule. 2. The rules for the interpretation, the Section, Chapter Notes and the General Explanatory Notes of the Fourth Sch

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Clause 16 – Draft-Bills-Reports – MISCELLANEOUS – TAXATION LAWS (AMENDMENT) BILL, 2017 – Clause 16 – Collection and payment of arrears of duties 16. Notwithstanding the repeal of the enactments specified in the Third Schedule, the proceeds of duties levied under the said enactments immediately preceding the date appointed under sub-section (2) of section 1,- (i) if collected by the collecting agencies but not paid into the Reserve Bank of India; or (ii) if not collected by the collecting agenci

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Clause 15 – Draft-Bills-Reports – MISCELLANEOUS – TAXATION LAWS (AMENDMENT) BILL, 2017 – Clause 15 – Repeal and savings of certain enactments. 15. (1) The enactments specified in the third column of the Third Schedule are hereby repealed to the extent specified in the fourth column thereof. (2) Notwithstanding the repeal under sub-section (1), such repeal shall not- (a) affect any other law 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,

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Clause 14 – Draft-Bills-Reports – MISCELLANEOUS – TAXATION LAWS (AMENDMENT) BILL, 2017 – Clause 14 – Amendment of Seventh Schedule to Act 18 of 2005. 14. In the Finance Act, 2005, in the Seventh Sche

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Clause 13 – Draft-Bills-Reports – MISCELLANEOUS – TAXATION LAWS (AMENDMENT) BILL, 2017 – Clause 13 – CHAPTER IV MISCELLANEOUS Amendment of Seventh Schedule to Act 14 of 2001. 13. In the Finance Act, 2001, in the Seventh Schedule,- (a) except tariff items 2402 20 10, 2402 20 20, 2402 20 30, 2402 20 40, 2402 20 50, 2402 20 90, 2402 90 10, 2403 11 10, 2403 19 10, 2403 19 21, 2403 19 29, 2403 19 90, 2403 91 00, 2403 99 10, 2403 99 20, 2403 99 30, 2403 99 40, 2403 99 50, 2403 99 60, 2403 99 90 and 2

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Clause 12 – Draft-Bills-Reports – CENTRAL EXCISE – TAXATION LAWS (AMENDMENT) BILL, 2017 – Clause 12 – Insertion of Fourth Schedule. 12. In the Central Excise Act, after the Third Schedule, the Schedule specified in the Second Schedule shall be inserted. Clause 12 of the Bill seeks to insert a new Fourth Schedule in the Central Excise Act, 1944 so as to prescribe the central excise tariff in respect of goods which would continue to be chargeable to central excise duty even after the introduction

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Clause 11 – Draft-Bills-Reports – CENTRAL EXCISE – TAXATION LAWS (AMENDMENT) BILL, 2017 – Clause 11 – Substitution of new Schedule for Third Schedule. 11. In the Central Excise Act, for the Third Schedule, the Schedule specified in the First Schedule shall be substituted. Clause 11 of the Bill seeks to substitute the Third Schedule to the Central Excise Act, 1944 with a new Schedule by omitting the entries relating to goods which would be chargeable to Goods and Services Tax. – Statutory Provis

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Clause 10 – Draft-Bills-Reports – CENTRAL EXCISE – TAXATION LAWS (AMENDMENT) BILL, 2017 – Clause 10 – Insertion of a new section 38B. 10. In the Central Excise Act, after section 38A, the following section shall be inserted, namely:- Savings of references to Chapter, heading, sub-heading and tariff item in Central Excise Tariff Act, 1985. "38B. Notwithstanding the repeal of the Central Excise Tariff Act, 1985 (5 of 1986.) by sub-section (1) of section 174 of the Central Goods and Services

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Clause 9 – Draft-Bills-Reports – CENTRAL EXCISE – TAXATION LAWS (AMENDMENT) BILL, 2017 – Clause 9 – Amendment of section 38. 9. In the Central Excise Act, in section 38, after the word, figure and letter "section 3A", the word, figure and letter "section 3C" shall be inserted. Clause 9 of the Bill seeks to amend section 38 of the Central Excise Act, 1944 so as to enable the Central Government to lay before Parliament, the notification issued by it to amend the Fourth Schedul

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Clause 8 – Draft-Bills-Reports – CENTRAL EXCISE – TAXATION LAWS (AMENDMENT) BILL, 2017 – Clause 8 – Insertion of new sections 3B and 3C. 8. In the Central Excise Act, after section 3A, the following sections shall be inserted, namely:- Emergency power of Central Government to increase duty of excise. ''3B. (1) Where, in respect of any goods, the Central Government is satisfied that the duty leviable thereon under section 3 should be increased and that circumstances exist which render it necessary to take immediate action, the Central Government may, by notification in the Official Gazette, amend the Fourth Schedule to substitute the rate of duty specified therein in respect of such goods in the following manner, namely:- (a) in a c

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cations under sub-section (2). Explanation.-For the purposes of this sub-section, the term "form or method", in relation to a rate of duty of excise, means the basis, including valuation, weight, number, length, area, volume or any other measure, on which the duty may be levied. (2) Every notification under sub-section (1) shall be laid before each House of Parliament, if it is in session, as soon as may be after the issue of the notification, and, if it is not in session, within seven days of its re-assembly, and the Central Government shall seek the approval of Parliament to the notification by a resolution moved within a period of fifteen days beginning with the day on which the notification is so laid before the House of the P

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Clause 7 – Draft-Bills-Reports – CENTRAL EXCISE – TAXATION LAWS (AMENDMENT) BILL, 2017 – Clause 7 – Amendment of section 3A. 7. In the Central Excise Act, in section 3A, in Explanation 1, for the words and figures, "First Schedule and the Second Schedule to the Central Excise Tariff Act, 1985" (5 of 1986.), the words ''Fourth Schedule'' shall be substituted. Clause 7 of the Bill seeks to amend section 3A of the Central Excise Act, 1944, which provides for levy of centr

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Clause 6 – Draft-Bills-Reports – CENTRAL EXCISE – TAXATION LAWS (AMENDMENT) BILL, 2017 – Clause 6 – Substitution of new section for section 3. 6. In the Central Excise Act, for section 3, the following section shall be substituted, namely:- Duty specified in the Fourth Schedule to be levied "3. (1) There shall be levied and collected in such manner as may be prescribed a duty of excise to be called the Central Value Added Tax (CENVAT) on all excisable goods (excluding goods produced or manufactured in special economic zones) which are produced or manufactured in India as, and at the rates, set forth in the Fourth Schedule: Provided that the duty of excise which shall be levied and collected on any excisable goods which are produced or

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leviable for the time being in force is leviable at different rates, then, such duty shall, for the purposes of this proviso, be deemed to be leviable at the highest of those rates. Explanation 2.-For the purposes of this sub-section,- (i)"hundred per cent. export-oriented undertaking" means an undertaking which has been approved as a hundred per cent. export-oriented undertaking by the Board appointed in this behalf by the Central Government in exercise of the powers conferred by section 14 of the Industries (Development and Regulation) Act, 1951, (65 of 1951) and the rules made under that Act; (ii) "Special Economic Zone" shall have the meaning assigned to it in clause (za) of section 2 of the Special Economic Zones A

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excisable goods of the same class or description- (i) produced or manufactured by different classes of producers or manufacturers; or (ii) sold to different classes of buyers: Provided that in fixing different tariff values in respect of excisable goods falling under sub-clause (i) or sub-clause (ii), regard shall be had to the sale prices charged by the different classes of producers or manufacturers or, as the case may be, the normal practice of the wholesale trade in such goods.''. Clause 6 of the Bill seeks to amend section 3, the charging section, so as to replace the reference to the First Schedule and the Second Schedule to the Central Excise Tariff Act, 1985, with the reference to the proposed Fourth Schedule to the Central

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Clause 5 – Draft-Bills-Reports – CENTRAL EXCISE – TAXATION LAWS (AMENDMENT) BILL, 2017 – Clause 5 – CHAPTER III CENTRAL EXCISE Amendment of section 2. 5. In the Central Excise Act, 1944 (1 of 1944.) (hereinafter referred to as the Central Excise Act), in section 2,- (a) in clause (d), for the words and figures "the First Schedule and the Second Schedule to the Central Excise Tariff Act, 1985" (5 of 1986.), the words "the Fourth Schedule" shall be substituted; (b) in clause (

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Clause 4 – Draft-Bills-Reports – CUSTOMS TARIFF – TAXATION LAWS (AMENDMENT) BILL, 2017 – Clause 4 – CHAPTER II CUSTOMS TARIFF Amendment of section 3. 4. In the Customs Tariff Act, 1975, (51 of 1975.)in section 3, – (a) in sub-section (2),- (i) in clause (ii), for item (a), the following item shall be substituted, namely:- "(a) the duty referred to in sub-sections (1), (3), (5), (7) and (9);"; (ii) in the proviso, in sub-clause (b), item (ii) shall be omitted; (b) in sub-section (6), in clause (ii), for item (a), the following item shall be substituted, namely:- "(a) the duty referred to in sub-sections (5), (7) and (9);"; (c) for sub-sections (7) and (8), the following sub-sections shall be substituted, namely:- "(

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1962 (52 of 1962.) or the tariff value of such article fixed under sub-section (2) of that section, as the case may be; and (b) any duty of customs chargeable on that article under section 12 of the Customs Act, 1962, (52 of 1962.) and any sum chargeable on that article under any law for the time being in force as an addition to, and in the same manner as, a duty of customs, but does not include the tax referred to in sub-section (7) or the cess referred to in sub-section (9). (9) Any article which is imported into India shall, in addition, be liable to the goods and services tax compensation cess at such rate, as is leviable under section 8 of the Goods and Services Tax (Compensation to States) Cess Act, 2017 on a like article on its suppl

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52 of 1962.) and any sum chargeable on that article under any law for the time being in force as an addition to, and in the same manner as, a duty of customs, but does not include the tax referred to in sub-section (7) or the cess referred to in sub-section (9). (11) The duty or tax or cess, as the case may be, chargeable under this section shall be in addition to any other duty or tax or cess, as the case may be, imposed under this Act or under any other law for the time being in force. (12) The provisions of the Customs Act, 1962 (52 of 1962.) and the rules and regulations made thereunder, including those relating to drawbacks, refunds and exemption from duties shall, so far as may be, apply to the duty or tax or cess, as the case may be,

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Clause 3 – Draft-Bills-Reports – CUSTOMS – TAXATION LAWS (AMENDMENT) BILL, 2017 – Clause 3 – Insertion of new sections 108A and 108B. 3. In the Customs Act, after section 108, the following sections shall be inserted, namely:- Obligation to furnish information. "108A. (1) Any person, being- (a) a local authority or other public body or association; or (b) any authority of the State Government responsible for the collection of value added tax or sales tax or any other tax relating to the goods or services; or (c) an income tax authority appointed under the provisions of the Income-tax Act, 1961; (43 of 1961.) (d) a Banking company within the meaning of clause (a) of section 45A of the Reserve Bank of India Act, 1934; (2 of 1934) or (e)

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meaning of the Companies Act, 2013 (18 of 2013.); or (j) the registering authority empowered to register motor vehicles under Chapter IV of the Motor Vehicles Act, 1988 (59 of 1988.); or (k) the Collector referred to in clause (c) of section 3 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013.); or (l) the recognised stock exchange referred to in clause (f) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956); or (m) a depository referred to in clause (e) of sub-section (1) of section 2 of the Depositories Act, 1996 (22 of 1996); or (n) the Post Master General within the meaning of clause ( j) of section 2 of the Indian Post Office Act, 1898

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cer in such manner as may be prescribed by rules made under this Act. (2) Where the proper officer considers that the information furnished under sub-section (1) is defective, he may intimate the defect to the person who has furnished such information and give him an opportunity of rectifying the defect within a period of seven days from the date of such intimation or within such further period which, on an application made in this behalf, the proper officer may allow and if the defect is not rectified within the said period of seven days or, further period, as the case may be, so allowed, then, notwithstanding anything contained in any other provision of this Act, such information shall be deemed as not furnished and the provisions of this

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Clause 2 – Draft-Bills-Reports – CUSTOMS – TAXATION LAWS (AMENDMENT) BILL, 2017 – Clause 2 – CHAPTER I CUSTOMS Amendment of section 2. 2. In the Customs Act, 1962 (52 of 1962.) (hereinafter referred to as the Customs Act), in section 2, in clause (11), after the words "the area of a Customs station", the words "or a warehouse" shall be inserted. Clause 2 of the Bill seeks to amend clause (11) of section 2 of the Customs Act, 1962 so as to include 'warehouse' in the d

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