Goods and Services Tax

Goods and Services Tax – GST – By: – CA Surender Gupta – Dated:- 11-4-2017 Last Replied Date:- 16-4-2017 – Here, we like highlight the ambiguity between the provisions of the statute and intention of the legislature relating to Registration under the GST regime. As we know unlike the Service Tax or Central Excise regime, in the GST regime, a person once registered, will be liable to discharge GST liability irrespective of the turnover. Therefore, the question arises, when the turnover of a person was much below Rs. 20 lakhs (or ₹ 10 lakhs as the case may be), but since he was registered under the existing law (i.e excise, service tax or vat etc.), whether he would be eligible to avail the benefit of exemption from the GST on the basis of turnover? As per the provisions of the Sub-Section (2) of the Section 22 – Persons liable for registration of the THE CENTRAL GOODS AND SERVICES TAX ACT, 2017, for the existing registered assessee, it is mandatory to seek GST registration, as re

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nge in the constitution of the business; or (c) the taxable person, other than the person registered under sub-section (3) of section 25, is no longer liable to be registered under section 22 or section 24. As per the provisions of Section 25(3), a person, though not liable to be registered under section 22 or section 24 may get himself registered voluntarily. Therefore, a person who is registered under the existing laws (i.e. central excise, service tax, VAT etc.) is required to obtain without any option since it is not voluntary by virtue of section 22(2) as above. However, as per the all the information and statements from the Central Government, the persons who has turnover upto 20 lakhs will be out of GST. Therefore, it is absolute necessary that Central Government must issue suitable clarification in time to avoid unwarranted litigation that may arise since this issue is going to effect lakhs of existing registered persons who otherwise would not be falling within the GST framewo

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ndering his registration number, the dept is not processing the same. These assesses are also facing the issue. Hopefully, some clarification should be issued sooner than later. – Reply By A SUBRAHMANYAM – The Reply = Prima facie the migration should be automatic and system based than asking the assessee to meddle with original pan name or aadhar card telephone links. Next, the system should migrate those persons only whose turnover was above 20 lacs, as per the periodical returns filed by the assessees hitherto. This will prove that the e-sytems of Excise, Serv Tax and VAT have been effectively functional as of now.Complications will initially be there when there is one India and Four Taxes, instead of one Tax. Lets hope the clouds disappearing as the D-day approaches. – Reply By KASTURI SETHI – The Reply = Sir, It is really a problem/enigma pointed by you. Now you have pointed out. Govt. may find remedy to this problem in order to avoid hotch potch situation. Before enactment of GST,

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Goods and Services Tax – Started By: – Vishnu Dutt Gupta – Dated:- 11-4-2017 Last Replied Date:- 24-4-2017 – Dear Sir,Earlier definition of work contract service is : works contract means a contract wherein transfer of property in goods involved in the execution of such contract is leviable to tax as sale of goods and such contract is for the purpose of carrying out construction, erection, commissioning, installation, completion, fitting out, repair, maintenance, renovation, alteration of any movable or immovable property or for carrying out any other similar activity or a part thereof in relation to such property.Now in GST : only contracts related to immovable property are to be considered as works contract. and as per me this covered in

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tion 2 and supply, by way of or as part of any service or in any other manner whatsoever, of goods, being food or any other article for human consumption or any drink (other than alcoholic liquor for human consumption), where such supply or service is for cash, deferred payment or other valuable consideration. Since movable property is not included in the definition of works contract, in respect of movable properties supply of spare parts will be treated as supply of goods and the service portion will be treated as supply of service. This is my opinion. – Reply By MARIAPPAN GOVINDARAJAN – The Reply = The views of Shri Vishnu is correct on the interpretation of the word 'works contract' as defined in CGST Bill. Providing AMC of equip

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there are basically two types of AMC, one which is normal AMC, where only services are rendered and one which is comprehensive which involves both labour and parts, the AMC is for Chillers ( large HVAC equipments which are fitted into building, not sure even though these are classified as Plant & Machinary whether these falls under moveable or immoveble property, In present tax scenario, both vat and service tax is paid on the fixed value ( not 100%) comprehensive AMC invoicing ( cascading impact and issues on input credit at our customer end), under the GST law, how the treatment will change considering the definition of work contract tax and composite supply, what will be the classification and nature of such comprehensive AMCs,Thanks

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Goods and Services Tax – Started By: – Jasbir Uppal – Dated:- 9-4-2017 Last Replied Date:- 10-4-2017 – Dear professionals we are facing problems in migration to G.S.T. A person who is partner in more then one firm and also registered as a taxable service provider in service tax act. He has used his DSC in one firm as a authorized person. But he is also authorized by the partners of the other firm where he is a partner. When we plug his DSC for verification of migration to GST of all these firm the portal is not accepted he DSC because the DSC is already used. In the company case a person other then director is authorized for migration in GST and the resolution of the company has been up loaded on portal during the process of migration. But when we plug his DSC on the site, then asked the DIN no. His DIN no is not be allotted because he is not a director of the company. A dealer who has opted compounding as a trader in VAT and paid compounding fee on his turnover of sale. Can such deal

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on in GST and the resolution of the company has been up loaded on portal during the process of migration. But when we plug his DSC on the site, then asked the DIN no. His DIN no is not be allotted because he is not a director of the company. please use authorized person DSC not director. A dealer who has opted compounding as a trader in VAT and paid compounding fee on his turnover of sale. Can such dealer can claim Input tax credit on the date of informant of G.S.T. i.e. 01.07. 2017. credit of eligibility duties and taxes on inputs held in stock to be allowed to a taxable person switching over from composition scheme under vat law . In civil work construction dealers are eligible to take input tax for material consumed for execution of work and adjusted on output tax liability. But in G.S.T. civil work treated as services. Whether such dealers are eligible to take input tax credit on material consumed. No credit in input if works under work contract.. – Reply By madina kapoor – The Rep

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ime Minister has approved the Integrated GST, Central GST, Union Territory GST and GST Compensation bills on March 20, 2017. These four bills will now have to be passed by the Parliament. It is expected that the bills will be introduced in the Parliament early next week as a money bill (note that the Rajya Sabha does not have the power to amend or reject money bills and is required to return it to the Lok Sabha within 14 days). Should the July 1, 2017 target for the introduction of GST in India be met, the Parliament will have to pass these bills before the end of the budget session (on April 12, 2017). Earlier, on March 16, 2017, the GST Council had approved the draft State GST law as well. All States will have to introduce the draft law as a bill before the respective State legislatures. Given that all decisions relating to the model GST laws were taken by consensus at the GST Council (and not by voting), it is hoped that States will adopt the State GST law in letter and spirit, with

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o be examined are: Services provided between establishments of same entity without invoice or payment in certain sectors with high volumes of transactions with operations spread on a country-wide basis; Compliance challenges for small and medium sector in an automated environment with end-to-end matching of invoices; Issues raised by sectors employing large work force and with vast disparity, e.g., textiles; Special regime in sectors with disproportionate high value with relatively lesser value addition and large number of job workers; Cascading due to the exclusion of certain products from the GST and commitments relating fiscal stability clause in Production Sharing Contracts; Issues due to existing abatements in transport sector together with compliance challenges; Critical infrastructure of the country; Exports, including value addition and manufacturing in domestic tariff area (DTA) for export /EOUs and SEZs; Government services to obtain clarity as to what constitutes a taxable s

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over how a decentralised registration system of registration and assessment would prove to be a compliance nightmare for the service sector. For instance, today an insurance company hold a single centralised service tax registration and filed two returns annually. Under GST, an insurance company will have to obtain registration in every State where it provides insurance services, and file thirty seven returns per State annually. Considering these representations, the GST Council is deliberating on the proposal of centralized assessment interface for such service industries. This will potentially reduce the compliance burden on taxpayers operating in these industries. GST on petroleum products and land The Finance Minister in the Rajya Sabha yesterday said that the Government is keen to roll out the GST on July 1, 2017. Therefore, the other aspects such as inclusion of petroleum products and land within the ambit of GST will be considered after the first year of implementation of GST.

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Goods and Services Tax – GST – By: – Bimal jain – Dated:- 8-4-2017 Last Replied Date:- 11-4-2017 – Dear Professional Colleague, Rajya Sabha passes all four GST Bills without amendments On Thursday i.e. April 6, 2017, the Rajya Sabha has passed four supplementary GST legislations without amendments by a voice vote as all parties were on board. The four Bills are as under: The Central Goods and Services Tax Bill, 2017 The Integrated Goods and Services Tax Bill, 2017 The Goods and Services Tax (Compensation to States) Bill, 2017 and The Union Territory Goods and Services Tax Bill, 2017. This step would be setting the stage for the Government to rollout the landmark Goods and Services Tax from July 1, 2017, to usher in the one-nation-one-tax r

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nter-state purchases under GST?? – Reply By JAIPRAKASH RUIA – The Reply = Dear Bimal Ji, CGST Act section 15, subsection 2, clause b read as under : (b) any amount that the supplier is liable to pay in relation to such supply but which has been incurred by the recipient of the supply and not included in the price actually paid or payable for the goods or services or both; Dear Sir, Whether value of free supply of material by recipient of services will be includible under the new Act considering the above or still there is ambiguity as earlier in service tax and the matter is in court. Thanks Jaiprakash Ruia – Reply By JAIPRAKASH RUIA – The Reply = Dear Bimal Ji Section 17 of CGST Act having following cluases : (c) works contract services wh

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clause d. Whether it is clear now that input tax credit of construction material like steel and cement used for construction of plant in the course or furtherance of business is available to the assesse. Whether input tax credit of any type of construction work (service) and material used for repairing ( not capitalized) of plant in the course or furtherance of business is available to the assesse. Sir, you are highly learned person in this regard and hope to receive the guidance. Thanks Jaiprakash Ruia – Reply By JAIPRAKASH RUIA – The Reply = Dear Bimal JiInput credit section clauses read as under :Provided further that where a recipient fails to pay to the supplier of goods or services or both, other than the supplies on which tax is pay

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THE THIRD SCHEDULE – Amendment Acts – SCHEDULES – TAXATION LAWS (AMENDMENT) Act, 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 1974 28 T

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THE SECOND SCHEDULE – Amendment Acts – SCHEDULES – TAXATION LAWS (AMENDMENT) Act, 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 article

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ed 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 purposes, the

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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 sub-section (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 tariff

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O 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 product ma

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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 ciga

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taining 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 Tu

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constituted 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 which

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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 Indian S

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arison 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 oils –

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5.00 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 – Other

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THE FIRST SCHEDULE – Amendment Acts – SCHEDULES – TAXATION LAWS (AMENDMENT) Act, 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 Schedule

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Section 19 – Amendment Acts – MISCELLANEOUS – TAXATION LAWS (AMENDMENT) Act, 2017 – Section 19 – Collection and payment of arrears of duties 19. 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 agencies,

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Goods and Services Tax – Customs, Excise & CST amendments – Post GST – TMI Updates – Highlights

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Section 18 – Amendment Acts – MISCELLANEOUS – TAXATION LAWS (AMENDMENT) Act, 2017 – Section 18 – Repeal and savings of certain enactments. 18. (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, pen

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Amendment of Seventh Schedule to Act 18 of 2005. – Section 17 – Amendment Acts – MISCELLANEOUS – TAXATION LAWS (AMENDMENT) Act, 2017 – Section 17 – Amendment of Seventh Schedule to Act 18 of 2005. 17.

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Section 16 – Amendment Acts – MISCELLANEOUS – TAXATION LAWS (AMENDMENT) Act, 2017 – Section 16 – CHAPTER IV MISCELLANEOUS Amendment of Seventh Schedule to Act 14 of 2001. 16. 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 2709

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Omission of Section 15. – Section 15 – Amendment Acts – CENTRAL SALES TAX – TAXATION LAWS (AMENDMENT) Act, 2017 – Section 15 – Omission of Section 15. 15. In the Central Sales Tax Act, section 15 shal

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Omission of Section 14. – Section 14 – Amendment Acts – CENTRAL SALES TAX – TAXATION LAWS (AMENDMENT) Act, 2017 – Section 14 – Omission of Section 14. 14. In the Central Sales Tax Act, section 14 shal

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Section 13 – Amendment Acts – CENTRAL SALES TAX – TAXATION LAWS (AMENDMENT) Act, 2017 – Section 13 – CHAPTER IV CENTRAL SALES TAX Amendment of Section 2. 13. In the Central Sales Tax Act, 1956 (74 of 1956) (hereinafter referred to as Central Sales Tax Act), in section 2,- (a) clause (c) shall be omitted; (b) for clause (d), the following clause shall be substituted, namely:- (d) goods means- (i) petroleum crude; (ii) high speed diesel; (iii) motor spirit (commonly known as petrol); (iv) natural

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Insertion of Fourth Schedule. – Section 12 – Amendment Acts – CENTRAL EXCISE – TAXATION LAWS (AMENDMENT) Act, 2017 – Section 12 – Insertion of Fourth Schedule. 12. In the Central Excise Act, after the

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Substitution of new Schedule for Third Schedule. – Section 11 – Amendment Acts – CENTRAL EXCISE – TAXATION LAWS (AMENDMENT) Act, 2017 – Section 11 – Substitution of new Schedule for Third Schedule. 11

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Section 10 – Amendment Acts – CENTRAL EXCISE – TAXATION LAWS (AMENDMENT) Act, 2017 – Section 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 Tax

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Amendment of section 38. – Section 9 – Amendment Acts – CENTRAL EXCISE – TAXATION LAWS (AMENDMENT) Act, 2017 – Section 9 – Amendment of section 38. 9. In the Central Excise Act, in section 38, after t

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Section 8 – Amendment Acts – CENTRAL EXCISE – TAXATION LAWS (AMENDMENT) Act, 2017 – Section 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 case

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ons 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 Peopl

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Amendment of section 3A. – Section 7 – Amendment Acts – CENTRAL EXCISE – TAXATION LAWS (AMENDMENT) Act, 2017 – Section 7 – Amendment of section 3A. 7. In the Central Excise Act, in section 3A, in Expl

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Section 6 – Amendment Acts – CENTRAL EXCISE – TAXATION LAWS (AMENDMENT) Act, 2017 – Section 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 man

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iable 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 Act,

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Section 5 – Amendment Acts – CENTRAL EXCISE – TAXATION LAWS (AMENDMENT) Act, 2017 – Section 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 (e) t

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Section 4 – Amendment Acts – CUSTOMS TARIFF – TAXATION LAWS (AMENDMENT) Act, 2017 – Section 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:- "(7) A

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(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 supply in

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f 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, cha

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Section 3 – Amendment Acts – CUSTOMS – TAXATION LAWS (AMENDMENT) Act, 2017 – Section 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) a c

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ing 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 (6 o

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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 Act

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