Schedul
Xiii of the Companies Act 1956 Being Amended- Unlisted Companies Shall not Require
Government Approval for Managerial Remuneration Where they have no Profits
The
Ministry of Corporate Affairs issued today a notification on Managerial Remuneration
in unlisted companies having no profits/inadequate profits. The notification reads
as under:
Managerial
Remuneration in unlisted companies having no profits/ inadequate profits
Companies
are divided into private limited and public limited companies. Public limited
companies are of two types listed companies (whose shares are listed on
a stock exchange) and unlisted companies. Normally, the general public does not
hold shares in unlisted companies. Private limited companies are not subject to
any limits on managerial remuneration. Public limited companies (listed and unlisted)
with no profits/ inadequate profits are currently required to approach the Ministry
for approval in those cases where the remuneration of Directors/ equivalent managerial
personnel exceeds certain limits.
2.
The matter has been re-examined in the light of the evolving economic and regulatory
environment. The primary purpose of regulations over managerial remuneration is
to protect stakeholders, particularly shareholders and creditors. Unlisted companies
are in several respects similar to private limited companies. A substantial number
of the applications coming to the Ministry fall under this category and the Ministrys
limited manpower is disproportionately involved in this exercise. In the case
of unlisted companies so long as the conditions specified in Schedule XIII, including
special resolution of shareholders and absence of default on payment to creditors,
are fulfilled approval will not be needed hereafter.
3.
Accordingly, Schedule XIII of the Companies Act 1956 is being amended to provide
that unlisted companies (which are not subsidiaries of listed companies) shall
not require Government approval for managerial remuneration in cases where they
have no profits/ inadequate profits, provided they meet the other conditions stipulated
in the Schedule.
-COPY
OF- CUSTOMS CIRCULAR NO .35/2010-CUS Dated: September 17, 2010 Subject:
All Industry Rates of Duty Drawback, 2010-11 - Reg. The Ministry has announced
the revised All Industry Rates (AIR) of Duty Drawback vide Notification No. 84/2010-Cus.
(N.T.), dated 17/09/2010. The rates of drawback have been made effective from
20.9.2010. The Notification may please be downloaded from CBEC website www.cbec.gov.in
and perused for details. 2. Like in previous years, the drawback rates have
been determined on the basis of certain broad parameters including, inter alia
, the prevailing prices of inputs, Standard Input Output Norms (SION), share of
imports in the total consumption of inputs and the applied rates of duty. The
incidence of duty on HSD/Furnace Oil has been factored in the drawback calculations.
The incidence of service tax paid on taxable services which are used as input
services in the manufacturing or processing of export goods has also been factored.
The Commissioners may ensure that the exporters do not avail of the refund of
this tax through any other mechanism while claiming the All Industry Rates of
duty drawback. 3. The Drawback Schedule includes some new entries such as
Denim Fabric and cotton garments containing 1% or more by weight of Spandex /
Lycra / Elastane, garments of blend containing wool & Man Made Fibre(MMF),
woven carpets and floor coverings of jute, knotted carpets and floor coverings
of MMF, brass parts of ball or roller bearings and silk embroidery. The Schedule
may please be perused for details. 4. The drawback rates have undergone changes
in line with the changes in the prices of inputs, duties etc. Thus the drawback
rates have been changed in most cases. The more important changes are discussed
below:- (i) Leather and Leather Articles (Chapters 41, 42 & 64) The
Drawback rates for all the goods falling in the Chapters 41, 42 and 64 have been
decreased by 5% - 15% approximately. The caps have also been revised downwards.
It may be noted that value cap for headings 420501 and 420502 has been changed
from Rs. 585 per piece to Rs. 15 per sq. ft. This change was necessitated because
of representations received from the field formations and the trade in respect
of Leather Sofa cover being exported in SKD/CKD condition which was being denied
drawback rate as per piece'. (ii) Textiles and Textile Articles (Chapters
50-63) (a) Silk: The drawback rate for silk fabric has been increased from
9.8% with a drawback cap of Rs. 295 to 11% with a drawback cap of Rs. 330/kg.
The rate for fabric of noil silk has also been revised upwards. (b) Wool:
In the case of wool tops, woollen yarn and fabrics the drawback rates have been
decreased by 5% - 20% approximately. The caps have also been revised downwards.
(c) Cotton Yarn and Fabrics: The drawback rates for grey cotton yarn and dyed
cotton yarn continue to be Nil for the present. As for cotton fabrics, the new
rate is 3.7% (grey)/4.2% (dyed) with a drawback cap of Rs. 12 per kg (grey)/Rs.
14 per kg (dyed). In case of denim fabrics the new rate is 4.3% with a cap of
Rs. 16.2/kg. The new entry for Denim Fabric with 1% or more by weight of Spandex
/ Lycra / Elastane has been created with a drawback rate of 4.6% and value cap
of Rs. 17.4 per Kg. (d) Man-made Filaments and Man-made Staple Fibres: The
Drawback rates for most of the goods falling in the Chapters 54 and 55 have been
marginally reduced. (e) Carpets and Floor Coverings: The Drawback rates for
most of the goods except for silk carpets, falling in the Chapter 57 have been
decreased by 10% approximately. For silk carpets, there is no change. New entries
have been created for carpets and floor coverings of Jute and Coir under heading
5702 with drawback rates of 3.5%. A new entry for carpets and floor coverings
of cotton has been created under heading 5702 to cover cotton woven durries/rugs
etc. Earlier these goods were being classified under the heading 570501. Representations
were received that these goods were correctly classifiable under the heading 5702.
Accordingly, the change has been made in this Drawback Schedule. As regards the
past consignments, no demands may be raised as the intention was always to allow
these goods the rate specified under heading 570501. There has been a dispute
about the heading 570301 as to whether the existing description hand tufted
carpets covers hand- held gun tufted carpets or not. In order to resolve
this dispute, the word hand has been deleted from this heading and
the description now reads only tufted woollen floor coverings, all sorts.
(f) Ready Made Garments & Made Ups: In the readymade garment sector, except
for silk garments, drawback rates have been decreased by 10% - 15% approximately.
The caps have also been revised downwards. The new drawback rate for cotton garment
is 7.5% as against the earlier rate of 8.8%. For garments of blend containing
cotton and (MMF), the new drawback rate is 8.6% as against the earlier rate of
9.8%; for garments of MMF the new drawback rate is 9.5% as against the earlier
rate of 10.5%; for readymade garments made of silk and of wool, the rates are
10% and 7.5% respectively. The new entries for garments of blend containing wool
and MMF and for those made of cotton with 1% or more by weight of Spandex/Lycra/Elastane
have been created with drawback rates of 8.6% and 8% respectively. In the
made up category, the revised drawback rate for cotton made-ups is 7.1% with a
cap of Rs. 60 per kg. The drawback rates and caps for made-ups of MMF and of blend
containing cotton and MMF have also been reduced. (iii) Base Metals and Articles
of Base Metals (Chapters 72-83) The duty drawback rate for stainless steel
utensils falling under Chapter 73 and stainless steel cutlery falling under Chapter
82 has been reduced from 12.5% to 8.8%. For other articles of iron and steel where
there is a composite rate, the same has been reduced by 25% to 30%. The drawback
rate for handicrafts, hardware and other items of brass has been decreased from
15% to 11%. The drawback rates for hand tools have been decreased by 30% approximately.
The caps have also been revised downwards. In order to resolve the dispute
whether the description handicrafts/art ware of galvanized iron with brass includes
products which are coated/plated , the entry 732603' has been amended to
read as Handicrafts/ Art ware of Iron with or without plating / coating,
galvanized or otherwise, with Brass. (iv) Machinery and Equipment (Chapters
84 and 85) The new entry for brass parts of Ball or roller bearing has been
created with a drawback rate of 3% under heading 848202. (v) Bicycle &
Bicycle Parts (Chapter 87), Sports Goods (Chapter 95) and Writing Instruments
(Chapter 96) The drawback rates for bicycles and bicycle parts have been revised
downwards. The new rate for complete bicycle is 9%. Further, a value cap of Rs.
10/- per Kg. has been introduced for the residuary entry Others' (871423).
The drawback rates for Sports Goods and Writing Instruments have also been revised
downwards by about 10% and 20% respectively. (vi) Miscellaneous (a) In
the earlier schedule, wooden artware and handicrafts were covered under the heading
4420. On representations from the exporters that a number of wooden handicraft
items are not covered under the said heading, it has been decided to have a uniform
rate of 2.5% for wooden items of headings 4414, 4419 and 4420. A specific entry
has also been created for wooden handicraft and artware under the residuary head
4421 with a drawback rate of 2.5%. (b) The description under heading 22071090
has been changed to read as Ethanol or Ethyl Alcohol, Rectified Spirit /
ENA or otherwise containing more than 94.5% Ethyl Alcohol. (c) References
have been received seeking clarifications as to what should be the minimum percentage
of MMF in a garment or made-up for it to be considered as a blended garment /made-up.
The issue has been examined and the term blend' has been explained in the
Notification. It may be noted that the term blend' in chapters 61, 62 &
63 refers to only two types of blends i.e. cotton & MMF and wool & MMF.
It shall mean that MMF shall be more than 15% but less than 85% by weight in such
garment or made-up. Further, the garment or made-up shall be classified as of
cotton or wool or MMF or silk or noil silk if the percentage of the concerned
fibre is 85% or more by weight in such garment or made-up. (d) The earlier
notification (No. 103/2008 Cus. (N.T.) dated 29.08.08 as amended) provided that
the rates of drawback in the Drawback Schedule would not be applicable to products
manufactured or exported by availing the rebate of Central Excise duty paid on
materials used in the manufacture of export goods in terms of Rule 18 of the Central
Excise Rules, 2002, or if such raw materials were procured without payment of
Central Excise duty under Rule 19 (2) of the Central Excise Rules, 2002. References
have been received that exporters are being denied 1% of drawback, which is the
customs component of the AIR drawback, on the basis of the above condition although
the manufacturers had taken only the rebate of Central Excise duties in respect
of their inputs / procured the inputs without payment of central excise duties;
and the Customs duties which remained unrebated should be provided through the
AIR drawback route. The issue has been examined. The present notification
No. 84/2010-Cus. (N.T.) dated 17.09.2010 provides that customs component of AIR
drawback shall be available even if the rebate of Central Excise duty paid on
raw material used in the manufacture of export goods has been taken in terms of
Rule 18 of the Central Excise Rules, 2002, or if such raw materials were procured
without payment of Central Excise duty under Rule 19 (2) of the Central Excise
Rules, 2002. (e) The earlier notification provided that the gold and silver
jewellery exports under the Drawback scheme would be examined by the Customs Appraiser/
Superintendent (Jewellery Expert). Problems have been reported since the jewellery
experts are not available at all ports. Accordingly, the notification has been
modified. Now such exports may also be examined by other Appraisers/Superintendents
who have not been recruited as jewellery experts. It is however advised that officers
may be posted to these positions after adequate training. Efforts should also
be made to provide electronic Carat Meters to them. (f) The earlier notification
provided that the rates of drawback in the Drawback Schedule shall not be applicable
to products manufactured or exported by availing the facility under the DEPB (Duty
Exemption Pass Book) scheme. References were received seeking clarification whether
an exporter who manufactured the export goods with raw material imported against
DEPB scrips, shall be eligible for drawback on such exports even if DEPB benefits
is not claimed. The doubt appeared to have arisen because the above mentioned
notification debarred benefit of AIR drawback if the export goods had been manufactured'
availing the benefit of the DEPB scheme. In order to resolve the matter, the
word manufactured' has been deleted in the present notification and the
condition has been modified to read that the drawback will not be available if
the goods are exported' availing the benefits of the DEPB scheme. 6.
The Notification and the new Drawback Schedule may be perused carefully to note
the changes made therein. Though all care has been taken, the possibility of inadvertent
errors/omissions cannot be ruled out. It is requested that any error/omission
noticed during the implementation of the rates be brought to the notice of the
Board immediately for suitable corrective action. 7. The Public Notice and
Standing Order for guidance of the trade and staff may be issued. Difficulties
faced, if any in implementation of the changes may be brought to the notice of
the Board at once. Kindly acknowledge receipt of this Circular. (Najib
Shah) Joint Secretary to the Government of India
-COPY
OF- CUSTOMS NOTIFICATION NO .84/2010-CUS (N.T) Dated : September 17,
2010
NOTIFICATION
ON DUTY DRAW BACK In exercise of the powers conferred by sub-section (2) of
section 75 of the Customs Act, 1962 (52 of 1962), sub-section (2) of section 37
of the Central Excise Act, 1944 (1 of 1944), and section 93A and sub-section (2)
of section 94 of the Finance Act, 1994 (32 of 1994) read with rules 3 and 4 of
the Customs, Central Excise Duties and Service Tax Drawback Rules, 1995 (hereinafter
referred to as the said rules) and in supersession of the notification of the
Government of India in the Ministry of Finance (Department of Revenue) No.103/2008-Customs
(N.T.), dated the 29 th August, 2008 published in the Gazette of India, Extraordinary,
Part II, Section 3, Sub-section (i) vide number GSR 627(E), dated the 29 th August,2008
except as respects things done or omitted to be done before such supersession,
the Central Government hereby determines the rates of drawback as specified in
the Schedule annexed hereto (hereinafter referred to as the said Schedule) subject
to the following notes and conditions, namely:- Notes and conditions: (1)
The tariff items and descriptions of goods in the said Schedule are aligned with
the tariff items and descriptions of goods in the First Schedule to the Customs
Tariff Act, 1975(51 of 1975) at the four-digit level only. The descriptions of
goods given at the six digit or eight digit or modified six or eight or ten digits
are in several cases not aligned with the descriptions of goods given in the said
First Schedule to the Customs Tariff Act, 1975. (2) The General Rules for
the Interpretation of the First Schedule to the said Customs Tariff Act, 1975
shall mutatis mutandis apply for classifying the export goods listed in the said
Schedule. (3) Notwithstanding anything contained in the said Schedule, all
artware or handicraft items shall be classified under the heading of artware or
handicraft (of constituent material) as mentioned in the relevant Chapters. (4)
The figures shown in columns (4) and (6) in the Schedule refer to the rate of
drawback expressed as a percentage of the free on board ( f.o.b.) value or the
rate per unit quantity of the export goods, as the case may be. (5) The figures
shown in columns (5) and (7) in the said Schedule refer to the maximum amount
of drawback that can be availed of per unit specified in column (3). (6) The
figures shown under the drawback rate and drawback cap appearing below the column
Drawback when Cenvat facility has not been availed refer to the total
drawback (customs, central excise and service tax component put together) allowable
and those appearing under the column Drawback when Cenvat facility has been
availed refer to the drawback allowable under the customs component. The
difference between the two columns refers to the central excise and service tax
component of drawback. If the rate indicated is the same in both the columns,
it shall mean that the same pertains to only customs component and is available
irrespective of whether the exporter has availed of Cenvat or not. (7)
Drawback at the rates specified in the said Schedule shall be applicable only
if the procedural requirements for claiming drawback as specified in rules 11,
12 and 13 of the said rules, unless otherwise relaxed by the competent authority,
are satisfied. (8) The rates of drawback specified in the said Schedule shall
not be applicable to export of a commodity or product if such commodity or product
is- (a) manufactured partly or wholly in a warehouse under section 65 of the
Customs Act, 1962 (52 of 1962); (b) manufactured or exported in discharge
of export obligation against an Advance Licence or Advance Authorisation or Duty
Free Import Authorisation issued under the Duty Exemption Scheme of the relevant
Export and Import Policy or the Foreign Trade Policy: Provided that where
exports are made against Advance Licences issued on or after the 1st April, 1997,
in discharge of export obligations in terms of notification No. 31/97 - Customs,
dated the 1st April, 1997, or against Duty Free Replenishment Certificate Licence
issued in terms of notification No. 48/2000-Customs, dated the 25th April, 2000,
or against Duty Free Replenishment Certificate Licence issued in terms of notification
No. 46/2002-Customs, dated the 22 nd April, 2002, or against Duty Free Replenishment
Certificate Licence issued in terms of notification No. 90/2004-Customs, dated
the 10 th September, 2004, drawback at the rate equivalent to Central Excise allocation
of rate of drawback specified in the said Schedule shall be admissible subject
to the conditions specified therein; (c) manufactured or exported by a unit
licensed as hundred percent Export Oriented Unit in terms of the provisions of
the relevant Export and Import Policy and the Foreign Trade Policy; (d) manufactured
or exported by any of the units situated in free trade zones or export processing
zones or special economic zones ; (e) manufactured or exported availing
the benefit of the notification No. 32/1997Customs, dated 01 st April, 1997;
(f) exported under the Duty Entitlement Pass Book Scheme as contained in the
Foreign Trade Policy, read with the Hand Book of Procedures issued in pursuance
of the provisions of the said policy. (9) The rates and caps of drawback specified
in columns (4) and (5) of the said schedule shall not be applicable to export
of a commodity or product if such commodity or product is- (a) manufactured
or exported by availing the rebate of duty paid on materials used in the manufacture
or processing of such commodity or product in terms of rule 18 of the Central
Excise Rules, 2002; (b) manufactured or exported in terms of sub-rule (2)
of rule 19 of the Central Excise Rules, 2002. (10) Where the export product
is not specifically covered by the description of goods in the said Schedule,
the rate of drawback may be fixed, on an application by an individual manufacturer
or exporter in accordance with the Customs, Central Excise Duties and Service
Tax Drawback Rules, 1995. (11) The rates of drawback specified against the
various tariff items in the said Schedule in specific terms or on ad valorem basis,
unless otherwise specifically provided, are inclusive of drawback for packing
materials used, if any . (12) The term dyed, wherever used in
the said Schedule in relation to textile materials, shall include yarn or piece
dyed or predominantly printed or coloured in the body. (13) In respect of
the tariff items in Chapters 61, 62 and 63 of the said Schedule, the blend containing
cotton and man made fibre shall mean that content of man made fibre in it shall
be more than 15% but less than 85% by weight and the blend containing wool and
man made fibre shall mean that content of man made fibre in it shall be more than
15% but less than 85% by weight. The garment or made-up of cotton or wool or man
made fibre or silk or noil silk shall mean that the content in it of the respective
fibre is 85% or more by weight. (14) Wherever specific rates have been provided
against tariff item in the Schedule, the drawback shall be payable only if the
amount is one per cent or more of free on board value, except where the amount
of drawback per shipment exceeds five hundred rupees. (15) The expressions
when Cenvat facility has not been availed, used in the said Schedule,
shall mean that the exporter shall satisfy the following conditions, namely:-
(i) the exporter shall declare, and if necessary, establish to the satisfaction
of the Assistant Commissioner of Customs or Assistant Commissioner of Central
Excise or Deputy Commissioner of Customs or Deputy Commissioner of Central Excise,
as the case may be, that no Cenvat facility has been availed for any of the inputs
or input services used in the manufacture of the export product; (ii) if the
goods are exported under bond or claim for rebate of duty of central excise, a
certificate from the Superintendent of Customs or Superintendent of Central Excise
in-charge of the factory of production, to the effect that no Cenvat facility
has been availed for the goods under export, is produced: Provided that the
certificate regarding non-availment of Cenvat facility shall not be required in
the case of exports of handloom products or handicrafts (including handicrafts
of brass artware) or finished leather and other export products which are unconditionally
exempt from the duty of central excise. (16) Whenever a composite article
is exported for which any specific rate has not been provided in the said Schedule,
the rates of drawback applicable to various constituent materials can be extended
to the composite article according to net content of such materials on the basis
of a self-declaration to be furnished by the exporter to this effect and in cases
of doubt or where there is any information contrary to the declarations, the proper
officer of customs shall cause a verification of such declarations. (17) The
term article of leather' in Chapter 42 of the said Schedule shall mean any
article wherein 60% or more of the outer visible surface area (excluding shoulder
straps or handles or fur skin trimming, if any) is of leather notwithstanding
that such article is made of leather and any other material. (18) The term
dyed in relation to fabrics and yarn of cotton, shall include bleached
or mercerized or printed or mélange. (19) The term dyed
in relation to textile materials in Chapters 54 and 55 shall include printed
or bleached. (20) In respect of the tariff items appearing in Chapter
64 of the said Schedule, leather shoes, boots or half boots for adult shall comprise
the following sizes, namely: - (a) French point or Paris point or Continental
Size above 33; (b) English or UK adult size 1 and above; (c) American
or USA adult size 1 and above. (21) In respect of the tariff items appearing
in Chapter 64 of the said Schedule, leather shoes, boots or half boots for children
shall comprise the following sizes, namely: - (a) French point or Paris point
or Continental Size upto 33; (b) English or UK children size upto 13; (c)
American or USA children size upto 13. (22) The drawback rates prescribed
in the said Schedule against tariff items 711301 and 711302 shall apply only to
goods exported by airfreight, post parcel or authorised courier through the Custom
Houses as specified in para 4A.12 of the Hand Book of Procedures (Vol. I), 2009-14
published vide Public Notice No.1/2009-14 dated 27 th August, 2009 of the Government
of India in the Ministry of Commerce and Industry, after examination by the Customs
Appraiser or Superintendent to ascertain the quality of gold or silver and the
quantity of net content of gold or silver in the gold or silver jewellery. The
Free on Board (FOB) value of any consignment through authorised courier shall
not exceed rupees twenty lakhs. (23) The drawback rates specified in the said
Schedule against tariff items 711301 and 711302 shall not be applicable to goods
manufactured or exported in discharge of export obligation against any scheme
of the relevant Export and Import Policy or the Foreign Trade Policy of the Government
of India which provides for duty free import/replenishment/procurement from local
sources of gold or silver. 2. All claims for duty drawback shall be filed
with reference to the tariff items and descriptions of goods shown in columns
1 and 2 of the said Schedule respectively. 3. This notification shall
come into force on the 20 th day of September, 2010. [F.No. 609 /76/2010-DBK]
(Najib Shah) Joint Secretary to the Government of India
-COPY
OF- CUSTOMS NOTIFICATION NO .84/2010-CUS (N.T) Dated : September 17,
2010
NOTIFICATION
ON DUTY DRAW BACK In exercise of the powers conferred by sub-section (2) of
section 75 of the Customs Act, 1962 (52 of 1962), sub-section (2) of section 37
of the Central Excise Act, 1944 (1 of 1944), and section 93A and sub-section (2)
of section 94 of the Finance Act, 1994 (32 of 1994) read with rules 3 and 4 of
the Customs, Central Excise Duties and Service Tax Drawback Rules, 1995 (hereinafter
referred to as the said rules) and in supersession of the notification of the
Government of India in the Ministry of Finance (Department of Revenue) No.103/2008-Customs
(N.T.), dated the 29 th August, 2008 published in the Gazette of India, Extraordinary,
Part II, Section 3, Sub-section (i) vide number GSR 627(E), dated the 29 th August,2008
except as respects things done or omitted to be done before such supersession,
the Central Government hereby determines the rates of drawback as specified in
the Schedule annexed hereto (hereinafter referred to as the said Schedule) subject
to the following notes and conditions, namely:- Notes and conditions: (1)
The tariff items and descriptions of goods in the said Schedule are aligned with
the tariff items and descriptions of goods in the First Schedule to the Customs
Tariff Act, 1975(51 of 1975) at the four-digit level only. The descriptions of
goods given at the six digit or eight digit or modified six or eight or ten digits
are in several cases not aligned with the descriptions of goods given in the said
First Schedule to the Customs Tariff Act, 1975. (2) The General Rules for
the Interpretation of the First Schedule to the said Customs Tariff Act, 1975
shall mutatis mutandis apply for classifying the export goods listed in the said
Schedule. (3) Notwithstanding anything contained in the said Schedule, all
artware or handicraft items shall be classified under the heading of artware or
handicraft (of constituent material) as mentioned in the relevant Chapters. (4)
The figures shown in columns (4) and (6) in the Schedule refer to the rate of
drawback expressed as a percentage of the free on board ( f.o.b.) value or the
rate per unit quantity of the export goods, as the case may be. (5) The figures
shown in columns (5) and (7) in the said Schedule refer to the maximum amount
of drawback that can be availed of per unit specified in column (3). (6) The
figures shown under the drawback rate and drawback cap appearing below the column
Drawback when Cenvat facility has not been availed refer to the total
drawback (customs, central excise and service tax component put together) allowable
and those appearing under the column Drawback when Cenvat facility has been
availed refer to the drawback allowable under the customs component. The
difference between the two columns refers to the central excise and service tax
component of drawback. If the rate indicated is the same in both the columns,
it shall mean that the same pertains to only customs component and is available
irrespective of whether the exporter has availed of Cenvat or not. (7)
Drawback at the rates specified in the said Schedule shall be applicable only
if the procedural requirements for claiming drawback as specified in rules 11,
12 and 13 of the said rules, unless otherwise relaxed by the competent authority,
are satisfied. (8) The rates of drawback specified in the said Schedule shall
not be applicable to export of a commodity or product if such commodity or product
is- (a) manufactured partly or wholly in a warehouse under section 65 of the
Customs Act, 1962 (52 of 1962); (b) manufactured or exported in discharge
of export obligation against an Advance Licence or Advance Authorisation or Duty
Free Import Authorisation issued under the Duty Exemption Scheme of the relevant
Export and Import Policy or the Foreign Trade Policy: Provided that where
exports are made against Advance Licences issued on or after the 1st April, 1997,
in discharge of export obligations in terms of notification No. 31/97 - Customs,
dated the 1st April, 1997, or against Duty Free Replenishment Certificate Licence
issued in terms of notification No. 48/2000-Customs, dated the 25th April, 2000,
or against Duty Free Replenishment Certificate Licence issued in terms of notification
No. 46/2002-Customs, dated the 22 nd April, 2002, or against Duty Free Replenishment
Certificate Licence issued in terms of notification No. 90/2004-Customs, dated
the 10 th September, 2004, drawback at the rate equivalent to Central Excise allocation
of rate of drawback specified in the said Schedule shall be admissible subject
to the conditions specified therein; (c) manufactured or exported by a unit
licensed as hundred percent Export Oriented Unit in terms of the provisions of
the relevant Export and Import Policy and the Foreign Trade Policy; (d) manufactured
or exported by any of the units situated in free trade zones or export processing
zones or special economic zones ; (e) manufactured or exported availing
the benefit of the notification No. 32/1997Customs, dated 01 st April, 1997;
(f) exported under the Duty Entitlement Pass Book Scheme as contained in the
Foreign Trade Policy, read with the Hand Book of Procedures issued in pursuance
of the provisions of the said policy. (9) The rates and caps of drawback specified
in columns (4) and (5) of the said schedule shall not be applicable to export
of a commodity or product if such commodity or product is- (a) manufactured
or exported by availing the rebate of duty paid on materials used in the manufacture
or processing of such commodity or product in terms of rule 18 of the Central
Excise Rules, 2002; (b) manufactured or exported in terms of sub-rule (2)
of rule 19 of the Central Excise Rules, 2002. (10) Where the export product
is not specifically covered by the description of goods in the said Schedule,
the rate of drawback may be fixed, on an application by an individual manufacturer
or exporter in accordance with the Customs, Central Excise Duties and Service
Tax Drawback Rules, 1995. (11) The rates of drawback specified against the
various tariff items in the said Schedule in specific terms or on ad valorem basis,
unless otherwise specifically provided, are inclusive of drawback for packing
materials used, if any . (12) The term dyed, wherever used in
the said Schedule in relation to textile materials, shall include yarn or piece
dyed or predominantly printed or coloured in the body. (13) In respect of
the tariff items in Chapters 61, 62 and 63 of the said Schedule, the blend containing
cotton and man made fibre shall mean that content of man made fibre in it shall
be more than 15% but less than 85% by weight and the blend containing wool and
man made fibre shall mean that content of man made fibre in it shall be more than
15% but less than 85% by weight. The garment or made-up of cotton or wool or man
made fibre or silk or noil silk shall mean that the content in it of the respective
fibre is 85% or more by weight. (14) Wherever specific rates have been provided
against tariff item in the Schedule, the drawback shall be payable only if the
amount is one per cent or more of free on board value, except where the amount
of drawback per shipment exceeds five hundred rupees. (15) The expressions
when Cenvat facility has not been availed, used in the said Schedule,
shall mean that the exporter shall satisfy the following conditions, namely:-
(i) the exporter shall declare, and if necessary, establish to the satisfaction
of the Assistant Commissioner of Customs or Assistant Commissioner of Central
Excise or Deputy Commissioner of Customs or Deputy Commissioner of Central Excise,
as the case may be, that no Cenvat facility has been availed for any of the inputs
or input services used in the manufacture of the export product; (ii) if the
goods are exported under bond or claim for rebate of duty of central excise, a
certificate from the Superintendent of Customs or Superintendent of Central Excise
in-charge of the factory of production, to the effect that no Cenvat facility
has been availed for the goods under export, is produced: Provided that the
certificate regarding non-availment of Cenvat facility shall not be required in
the case of exports of handloom products or handicrafts (including handicrafts
of brass artware) or finished leather and other export products which are unconditionally
exempt from the duty of central excise. (16) Whenever a composite article
is exported for which any specific rate has not been provided in the said Schedule,
the rates of drawback applicable to various constituent materials can be extended
to the composite article according to net content of such materials on the basis
of a self-declaration to be furnished by the exporter to this effect and in cases
of doubt or where there is any information contrary to the declarations, the proper
officer of customs shall cause a verification of such declarations. (17) The
term article of leather' in Chapter 42 of the said Schedule shall mean any
article wherein 60% or more of the outer visible surface area (excluding shoulder
straps or handles or fur skin trimming, if any) is of leather notwithstanding
that such article is made of leather and any other material. (18) The term
dyed in relation to fabrics and yarn of cotton, shall include bleached
or mercerized or printed or mélange. (19) The term dyed
in relation to textile materials in Chapters 54 and 55 shall include printed
or bleached. (20) In respect of the tariff items appearing in Chapter
64 of the said Schedule, leather shoes, boots or half boots for adult shall comprise
the following sizes, namely: - (a) French point or Paris point or Continental
Size above 33; (b) English or UK adult size 1 and above; (c) American
or USA adult size 1 and above. (21) In respect of the tariff items appearing
in Chapter 64 of the said Schedule, leather shoes, boots or half boots for children
shall comprise the following sizes, namely: - (a) French point or Paris point
or Continental Size upto 33; (b) English or UK children size upto 13; (c)
American or USA children size upto 13. (22) The drawback rates prescribed
in the said Schedule against tariff items 711301 and 711302 shall apply only to
goods exported by airfreight, post parcel or authorised courier through the Custom
Houses as specified in para 4A.12 of the Hand Book of Procedures (Vol. I), 2009-14
published vide Public Notice No.1/2009-14 dated 27 th August, 2009 of the Government
of India in the Ministry of Commerce and Industry, after examination by the Customs
Appraiser or Superintendent to ascertain the quality of gold or silver and the
quantity of net content of gold or silver in the gold or silver jewellery. The
Free on Board (FOB) value of any consignment through authorised courier shall
not exceed rupees twenty lakhs. (23) The drawback rates specified in the said
Schedule against tariff items 711301 and 711302 shall not be applicable to goods
manufactured or exported in discharge of export obligation against any scheme
of the relevant Export and Import Policy or the Foreign Trade Policy of the Government
of India which provides for duty free import/replenishment/procurement from local
sources of gold or silver. 2. All claims for duty drawback shall be filed
with reference to the tariff items and descriptions of goods shown in columns
1 and 2 of the said Schedule respectively. 3. This notification shall
come into force on the 20 th day of September, 2010. [F.No. 609 /76/2010-DBK]
(Najib Shah) Joint Secretary to the Government of India
A
B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 1 CHAPTER 1 01 Live Animals Nil Nil CHAPTER
2 02 Meat and Edible Meat Offal 1% 1% CHAPTER 3 03 Fish and
Crustaceans, Molluscs and other Aquatic Invertebrates 1% 1% CHAPTER
4 04 Dairy Produce; Birds Eggs; Natural honey; Edible
Products of Animal origin, not elsewhere specified or included 1%
1% CHAPTER 5 05 Product of animal origin not elsewhere specified
or included. 1% 1% CHAPTER 6 06 Live trees and other plants;
bulbs, roots and the like; cut flowers and ornamental foliage 1% 1% CHAPTER
7 07 Edible Vegetables and certain Roots and Tubers 1% 1% CHAPTER
8 08 Edible Fruits and Nuts, Peel of Citrus Fruit or Melons 1%
1% CHAPTER 9 Coffee, Tea, Mate and Spices 0901 Coffee, whether
or not roasted or decaffeinated; coffee husks and skins; coffee substitutes containing
coffee in any proportion A B Tariff Item Description of goods Unit Drawback
when Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 2 090101 Coffee (raw beans), in bulk
1% 1% 090102 Coffee (roasted and/or decaffeinated), in bulk 1% 1% 090199
Others 1% 1% 0902 Tea, whether or not flavoured 090201 Tea, in bulk
1% 1% 090202 Tea in consumer packs including tea bags (sachets) 2.5%
2.5% 090299 Others 1% 1% 0903 00 00 Mate 1% 1% 0904 Pepper of the
genus Piper; dried or crushed or ground fruits of the genus Capsicum
or of the genus Pimenta 1% 1% 0905 Vanilla 1% 1% 0906 Cinnamon
and Cinnamon-tree flowers 1% 1% 0907 Cloves (whole fruit, cloves and
stems) 1% 1% 0908 Nutmeg, mace and cardamoms 1% 1% 0909 Seed
of anise, badian, fennel, coriander, cumin or caraway; juniper berries 1%
1% 0910 Ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry
and other spices 1% 1% CHAPTER 10 10 Cereals 1% 1% CHAPTER
11 11 Products of the milling industry; malt; starches; inulin;
wheat gluten. 1% 1% CHAPTER 12 A B Tariff Item Description
of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 3 12 Oil seeds and Oleaginous Fruits; Miscellaneous Grains,
Seeds and Fruit; Industrial and Medicinal Plants; Straw and Fodder 1%
1% CHAPTER 13 13 Lac; Gums, Resins and Other Vegetable Saps and
Extracts 1% 1% CHAPTER 14 14 Vegetable plaiting materials;
vegetable products, not elsewhere specified or included. 1% 1% CHAPTER
15 15 Animal or Vegetable fats and oils and their Cleavage products
prepared edible fats; Animal or Vegetable Waxes other than the following. 15131900 Coconut
oil packed in HDPE bottles Kg. 2% 2.4 1% 15153010 Castor Oil and its
fractions - Edible Grade 1% 1% 1515000099 Others 1% 1% CHAPTER
16 16 Preparations of Meat, or Fish or of Crustaceans, Molluscs or
other Aquatic Invertebrates 1% 1% CHAPTER 17 17 Sugars and
sugar confectionery 1% 1% CHAPTER 18 18 Cocoa and Cocoa preparations 1%
1% CHAPTER 19 19 Preparations of cereals, flour, starch or
milk; pastry cooks' products 1% 1% CHAPTER 20 A B Tariff
Item Description of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 4 20 Preparation of Vegetables, Fruits, nuts or other
parts of plants 1% 1% CHAPTER 21 Miscellaneous Edible Preparations 2101 Extracts,
essences and concentrates, of coffee, tea or mate and preparations with
a basis of these products or with a basis of coffee, tea or mate; roasted
chicory and other roasted coffee substitutes, and extracts, essences
and concentrates therefore 210101 Instant Coffee 2.5% 2.5% 210199 Others
1% 1% 2102 Yeasts (active or inactive); other single cell microorganisms, dead
(but not including vaccines of heading 3002); prepared baking powders 1%
1% 2103 Sauces and preparations therefor, mixed condiments and mixed seasonings;
mustard flour and meal and prepared mustard 1% 1% 2104 Soups and broths
and preparations therefor, homogenized composite food preparations 1%
1% 2105 00 00 Ice cream and other edible ice, whether or not containing
cocoa 1% 1% 2106 Food preparations not elsewhere specified or included 1%
1% CHAPTER 22 22 Beverages, spirits and vinegar A B Tariff Item
Description of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 5 22071090 Ethanol or Ethyl Alcohol, Rectified Spirit/
ENA/ or otherwise having a minimum strength of 94.5% of Ethyl Alcohol Litre
Rs.3.4 Nil 22090099 Others 1% 1% CHAPTER 23 23 Residues and
waste from the food industries; prepared animal fodder 1% 1% CHAPTER
24 24 Tobacco and manufactured tobacco substitutes 24022000 Cigarettes
Packed in consumer packs 1000 Nos. 5% 76 1% 24039900 Tobacco /Sweet
Tobacco /Tobacco paste packed in the relevant packing material 1% 1% 2403000099
Others 1% 1% CHAPTER 25 25 SALT; SULPHUR; EARTHS AND STONE; PLASTERING
MATERIALS, LIME AND CEMENT (EXCEPT THE FOLLOWING) 25010010 Common salt
(including iodised salt) packed in HDPE/LDPE/PP Woven bags 1% 1% 250410 Carbofoil
of various grades (chemically Acid treated graphite) Kg 5% 4.5 1% 25081090
Processed Bentonite Kg 7.6% 0.1 NIL 25232100 Portland Cement-white MT 3.4%
141 1% 252329 Ordinary Portland Cement/ Portland Cement Pozzolona/ Portland
Slag Cement/ Oil Well Cement MT 3.4% 80 1% 25232900 Clinker of Ordinary
Portland Cement/ Portland Cement Pozzolona/ Portland Slag Cement/ Oil
Well Cement MT 2.1% 33 1% 2523000099 Other Cements 1% 1% CHAPTER
26 26 ORES, SLAG AND ASH 2601 Iron Ore pellets 1% 1% 2601000099 Others
Nil Nil A B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 6 CHAPTER 27 27 MINERAL FUELS, MINERAL OILS AND
PRODUCTS OF THEIR DISTILLATION; BITUMINOUS SUBSTANCES; MINERAL WAXES 2701 Coal;
Briquettes, ovoids and similar solid fuels manufactured from coal Nil
Nil 2702 Lignite, whether or not agglomerated, excluding jet Nil Nil 2703 Peat
(including peat litter), whether or not agglomerated Nil Nil 2704 Coke
and semi-coke of coal, of lignite or of peat, whether or not agglomerated;
retort carbon Nil Nil 2705 Coal gas, water gas, producer gas and
similar gases, other than petroleum gases and other gaseous hydrocarbons Nil
Nil 2706 Tar distilled from coal, from lignite or from peat and other
mineral tars, whether or not dehydrated or partially distilled, including reconstituted Nil
Nil 2707 Oils and other products of the distillation of high temperature
coal tar similar products in which the weight of the aromatic constituents exceeds
that of the nonaromatic constituents Nil Nil 2708 Pitch and pitch
coke, obtained from coal tar or from other mineral tars Nil Nil 2709 Petroleum
oils and oils obtained from bituminous minerals, crude Nil 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 A B Tariff Item Description
of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 7 bituminous minerals, these oils being the basic constituents
of the preparations; waste oils 271001 High Speed Diesel supplied by domestic
oil companies to the Units located in Special Economic Zone Nil Nil 271002 Furnace
oil supplied by domestic oil companies to the Units located in Special Economic
Zone Nil Nil 271003 Others Nil Nil 2711 Petroleum gases and other gaseous
hydrocarbons Nil Nil 2712 Petroleum jelly, paraffin wax, microcrystalline petroleum
wax, slack wax, ozokerite, lignite wax, peat wax, other mineral waxes, and
similar products obtained by synthesis or by other processes, whether or not
coloured Nil Nil 2713 Petroleum coke, petroleum bitumen and other
residues of petroleum oils or of oils obtained from bituminous minerals. Nil
Nil 2714 Bitumen and asphalt, natural; bituminous or oil shale and
tar sands; asphaltites and asphaltic rocks Nil Nil 2715 Bituminous
mixtures based on natural asphalt, on natural bitumen, on petroleum bitumen,
on mineral tar or on mineral tar pitch (for example, bituminous mastics,
cut backs) Nil Nil 2716 Electrical Energy Nil Nil A B Tariff Item
Description of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 8 CHAPTER 28 28 INORGANIC CHEMICALS; ORGANIC OR
INORGANIC COMPOUNDS OF PRECIOUS METALS, OF RARE-EARTH METALS, OF RADIOACTIVE
ELEMENTS OR OF ISOTOPES I-CHEMICAL ELEMENTS 2801 Fluorine, chlorine,
bromine and iodine 1% 1% 2802 Sulphur, sublimed or precipitated;
colloidal sulphur 1% 1% 2803 Carbon (carbon blacks and other forms
of carbon not elsewhere specified or included) 28030010 Carbon Blacks
kg 6.3% 3.1 1% 2803000099 Others 1% 1% 2804 Hydrogen, rare gases and other
non-metals 28047020 Phosphorous, Red Kg 4.2% 8.6 1% 2804000099 Others 1%
1% 2805 Alkali or alkaline-earth metals; rare-earth metals, scandium
and yttrium, whether or not intermixed or interalloyed; mercury 1% 1% II-INORGANIC
ACIDS AND INORGANIC OXYGEN COMPOUNDS OF NON-METALS 2806 Hydrogen
chloride (hydrochloric acid); chlorosulphuric acid 1% 1% 2807 Sulphuric
acid; oleum 1% 1% 2808 Nitric acid; sulphonitric acids 1% 1% 2809 Diphosphorus
pentaoxide; phosphoric acid; polyphosphoric acids, whether or not chemically defined 28091000
Diphosphorous Pentoxide Kg 4.2% 3.9 1% 28092010 Phosphoric Acid Kg 5.9% 2.2
1% 28092020 Poly Phosphoric Acids 85% Kg 3.8% 2.4 1% A B Tariff Item
Description of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 9 2809000099 Others 1% 1% 2810 Oxides of boron; boric acids
1% 1% 2811 Other inorganic acids and other inorganic oxygen compounds
of non-metals 2811110001 Anhydrous Hydro Fluoric Acid Kg 2.1% 1.1 1% 2811110002
Hydro Fluoric Acid 70% 1% 1% 28111990 Fluoboric Acid 50% 1% 1% 2811000099
Others 1% 1% III-HALOGEN OR SULPHUR COMPOUNDS OF NONMETALS 2812 Halides
and halide oxides of non-metals 28121020 Phosphorous Trichloride Kg. 6.3%
2.7 1% 28121030 Phosphorus Oxychloride Kg 3.8% 1.8 1% 28121090 Phosphorus
Penta Chloride 1% 1% 2812000099 Others 1% 1% 2813 Sulphides of non-metals; commercial
phosphorus trisulphide 28139090 Phosphorous Pentasulphide 98% Kg
4.2% 2.4 1% 2813000099 Others 1% 1% IV- INORGANIC BASES AND OXIDES, HYDROXIDES
AND PEROXIDES OR METALS 2814 Ammonia, anhydrous or in aqueous solution 1%
1% 2815 Sodium hydroxide (caustic soda); potassium hydroxide (caustic
potash); peroxides of sodium or potassium 28151110 Caustic Soda Flakes/Solid
Kg 3.8% 1.1 1% 28152000 Caustic Potash Flakes Kg 8% 4.5 3.8% 2.1 2815000099
Others 1% 1% A B Tariff Item Description of goods Unit Drawback when
Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 10 2816 Hydroxide and peroxide of magnesium;
oxides, hydroxides and peroxides, of strontium or barium 1% 1% 2817
Zinc oxide; zinc peroxide 2817001001 Zinc Oxide 1% 1% 2817001002 Zinc Oxide-
IP/BP/USP Grade 1% 1% 2817001003 Zinc Oxide (100% Purity) 1% 1% 2817000099
Others 1% 1% 2818 Artificial corundum, whether or not chemically defined; aluminium
oxide; aluminium hydroxide 28183000 Alumina Trihydrate 1% 1% 2818000099
Others 1% 1% 2819 Chromium oxides and hydroxides 1% 1% 2820 Manganese
oxides 1% 1% 2821 Iron oxides and hydroxides; earth colours containing 70%
or more by weight of combined iron evaluated as Fe2O3 1% 1% 2822 Cobalt
oxides and hydroxides; commercial cobalt oxides 1% 1% 2823 Titanium
oxides 28230010 Titanium Di-Oxide Anatase 98% Kg 5.7% 4.5 1% 2823000099
Others 1% 1% 2824 Lead oxides; red lead and orange lead 28241010 Lead
Oxide Yellow Litharge Kg 7.2% 6.3 1% 28242000 Lead Oxide Red (Red Lead) Kg
7.6% 5.9 2.2% 1.7 28249000 Lead Oxide grey (Lead Suboxide) Kg 6.7%
6.2 1% 2824000099 Others 1% 1% 2825 Hydrazine and hydroxylamine and
their inorganic salts; other inorganic bases; other metal oxides, hydroxides
and peroxides 1% 1% A B Tariff Item Description of goods Unit Drawback
when Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 11 V.-SALTS AND PEROXYSALTS, OF INORGANIC
ACIDS AND METALS 2826 Fluorides; fluorosilicates, fluoroaluminates
and other complex fluorine salts 28261110 Ammonium Bifluoride Kg 3% 1.3
1% 28261200 Aluminium fluoride Kg 2.1% 1 1% 2826199001 Potassium Fluoride
Kg. 6.7% 9.4 1% 2826199002 Potassium Titanium Fluoride Kg. 7.2% 12.1 1% 2826000099
Others 1% 1% 2827 Chlorides, chloride oxides and chloride hydroxides; bromides
and bromide oxides; iodides and iodide oxides 28273200 Aluminium Chloride Anhydrous
minimum purity 99.5% Kg 8% 3.6 1% 28273201 Poly Aluminium Chloride containing
17.4% Alumina 1% 1% 2827399001 Potassium Chloride 1% 1% 2827599003 Tetrabutyl
Ammonium Bromide Kg 2.7% 10.3 1% 28276010 Potassium Iodide BP/USP Kg
5.5% 36.4 1% 28276020 Sodium Iodide Kg 6.8% 55 2.8% 22.6 2827000099 Others
1% 1% 2828 Hypochlorites; commercial calcium hypochlorites; chlorites;
hypobromites 28281010 Stable Bleaching Powder Chlorine content upto 36% 1%
1% 28281020 Calcium Hypochlorite Chlorine content more than 60% Kg
3.9% 1.8 1% 2828000099 Others 1% 1% 2829 Chlorates and perchlorates; bromates
and perbromates; iodates and periodates 1% 1% 2830 Sulphides; polysulphides, whether
or not chemically defined 28301000 Sodium Sulphide 60% Kg 7.2% 2.5 1% A
B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 12 283000099 Others 1% 1% 2831 Dithionites and sulphoxylates 28311010
Sodium Hydro Sulphite Kg 7.9% 6.5 2.4% 1.9 28311020 Sodium Formaldehyde Sulphoxylate Kg
5.4% 5.5 1% 28319020 Zinc Formaldehyde Sulphoxylate Kg 2.7% 4.5 1% 2831000099
Others 1% 1% 2832 Sulphites; thiosulphates 1% 1% 2833 Sulphates; alums; peroxosulphates (persulphates) 28332300
Basic Chromium sulphate Kg 3.7% 0.9 1% 28332400 Nickel Sulphate Kg 7.9% 4.5
1% 28332500 Copper Sulphate (With 5 molecule of water of Crystallisation) Kg
6.5% 5.1 1% 28332940 Manganese Sulphate Monohydrate Kg 5.2% 3.1 1% 28332990 Cobalt
Sulphate (COS04.7H20) Kg. 4.8% 19.8 1% 2833000099 Others 1% 1% 2834
Nitrites; nitrates 1% 1% 2835 Phosphinates (hypophosphites), phosphonates
(phosphites) and phosphates; polyphosphates, whether or not chemically
defined 1% 1% 2836 Carbonates; peroxocarbonates (percarbonates);
commercial ammonium carbonate containing ammonium carbamate 28364000
Potassium Carbonate Kg 7.9% 2.5 3.5% 1.1 28365000 Calcium Carbonate Kg 2.7%
0.4 1% 28366000 Barium Carbonate Kg 3.4% 0.9 1% 2836000099 Others 1% 1% 2837 Cyanides,
cyanide oxides and complex cyanides A B Tariff Item Description of goods
Unit Drawback when Cenvat facility has not been availed Drawback when
Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 13 28371100 Sodium Cyanide Powder/Tablet/Granule Kg
3.4% 2.7 1% 28371910 Potassium Cyanide Kg 4.8% 4.1 1% 28371990 Zinc Cyanide
99% Kg 5.9% 5.8 1% 2837000099 Others 1% 1% 2838 Deleted 2839 Silicates;
commercial alkali metal silicates 28391100 Sodium Meta Silicate Monohydrate Kg
5.6% 0.7 1% 28391900 Sodium Silicate Kg 5.3% 0.8 1% 2839000099 Others 1%
1% 2840 Borates; peroxoborates (perborates) 1% 1% 2841 Salts
of oxometallic or peroxometallic acids 28412010 Zinc Chrome Kg 6.1% 9 1% 28415090
Potassium Dichromate 1% 1% 28416100 Potassium Permanganate 1% 1% 2841000099
Others 1% 1% 2842 Other salts of inorganic acids or peroxoacids, (including aluminosilicates
whether or not chemically defined), other than azides 1% 1% VI-MISCELLANEOUS 2843 Colloidal
precious metals; inorganic or organic compounds of precious metals, whether
or not chemically defined; amalgams of precious metals Nil Nil 2844 Radioactive
chemical elements and radioactive isotopes (including the fissile or
fertile chemical elements and isotopes) and their compounds; mixtures and residues
containing these products. Nil Nil A B Tariff Item Description of
goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 14 2845 Isotopes other than those of heading 2844; compounds, inorganic
or organic, of such isotopes, whether or not chemically defined 1% 1% 2846 Compounds,
inorganic or organic, of rare-earth metals, of yttrium or of scandium or of
mixtures of these metals 1% 1% 2847 Hydrogen peroxide, whether or
not solidified with urea 28470000 Hydrogen Peroxide (50%) 1% 1% 2847000099
Others 1% 1% 2848 Phosphides, whether or not chemically defined, excluding ferrophosphorus 28480020
Zinc Phosphide 1% 1% 2848000099 Others 1% 1% 2849 Carbides, whether or
not chemically defined 1% 1% 2850 Hydrides, nitrides, azides, silicides
and borides, whether or not chemically defined, other than compounds
which are also carbides of heading 2849 1% 1% 2851 Deleted 2852 Compounds,
Inorganic or Organic of mercury, excluding amalgams 285201 Mercuric oxides
Kg 5.1% 1.8 1% 285202 Mercuric chloride Kg 4.3% 1.4 1% 285203 Mercurous
Chloride (Calomel) Kg 4.9% 1.5 1% 285204 Mercuric Bromide Kg 3.4% 1 1% 285205
Mercuric Iodide Kg 4% 25 1% 285206 Potassium Mercuric Iodide 75% W/W Kg
3.6% 23 1% 285207 Mercuric sulphate Kg 3.9% 1.3 1% 285208 Mercuric Nitrate
Kg 3.6% 1.3 1% 285209 Mercuric Acetate Kg 2.2% 0.9 2.2% 0.9 285210 Phenyl
Mercury Acetate 1% 1% A B Tariff Item Description of goods Unit Drawback
when Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 15 285299 Others 1% 1% 2853 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 1% 1% CHAPTER
29 29 Organic Chemicals I.HYDROCARBONS AND THEIR HALOGENATED SULPHONATED, NITRATED
OR INTROSATED DERIVATIVES 2901 Acyclic hydrocarbons 1% 1% 2902 Cyclic
hydrocarbons 29021100 Cyclohexane 99.8% 1% 1% 29029090 Naproxen Sodium Kg
2.5% 53 2.5% 53 2902000099 Others 1% 1% 2903 Halogenated derivatives
of hydrocarbons 29032200 Trichloro Ethylene 1% 1% 29036940 Benzyl Chloride
1% 1% 2903000099 Others 1% 1% 2904 Sulphonated, nitrated or nitrosated
derivatives of hydrocarbons, whether or not halogenated 29041030 Napthalene
Sulphonate Formaldehyde condensate Kg 2.8% 1.8 2.8% 1.8 29041040 Vinyl
Sulphone Ester (Acetanilide Based) 1% 1% 2904104001 Vinyl Sulphone
Ester (Ortho Anisine Base 1% 1% 2904104002 P Nitro Aniline 1% 1% 2904104003 Vinyl
Sulphone Para Cresidine Base (PCVS) 1% 1% 2904104004 Vinyl Sulphone
2:5 Demethoxy Anniline Oil Base 1% 1% A B Tariff Item Description
of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 16 2904109001 P-Toluene Sulphonic Acid 95% 1% 1% 2904109002 Linear
Alkyl Benzene Sulphonic Acid 1% 1% 29042010 Nitrobenzene 1% 1% 29049040 Nitro
Chloro Benzene (Ortho & Para) 1% 1% 29049050 Para Nitro Chloro
Benzene Sulphonic Acid 1% 1% 29049090 Sodium Alfa Olefine Sulphonate 1%
1% 2904000099 Others 1% 1% II. ALCOHOLS AND THEIR HALOGENATED, SULPHONATED, NITRATED
OR NITROSATED DERIVATIVES 2905 Acyclic alcohols and their halogenated,
sulphonated, nitrated or nitrosated derivatives 29051420 Salbutamol Sulphate
1% 1% 29053200 Propylene Oxide/ Propylene Glycol 1% 1% 2905399001
Guaifenesin BP/USP/EP 1% 1% 2905399002 Povidon Iodine USP (Powder) 1% 1% 2905399003
Monoethylene Glycol Kg 1.6% 0.7 1.6% 0.7 2905399004 Triethylene Glycol 1% 1% 29054290
Pentaerythritol (All grades) Kg 2.1% 1.6 2.1% 1.6 2905450001 Refined Glycerine
99% minimum 1% 1% 2905450002 Refined Glycerine 99.5% 1% 1% 2905590001 Propanol
Hydrochloride BP/USP 1% 1% 2905590002 3-Mercapto Propyl Tri Methoxy
Silane 1% 1% 2905000099 Others 1% 1% 2906 Cyclic alcohols and their halogenated,
sulphonated, nitrated or nitrosated derivatives 1% 1% III.
PHENOLS, PHENOL-ALCOHOLS, AND THEIR A B Tariff Item Description of
goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 17 HALOGENATED, SULPHONATED, NITRATED OR NITROSATED DERIVATIVES 2907
Phenols; phenol-alcohols 2907119001 Sodium para Nitro Phenolate 1% 1% 2907119002
Triphenyl Phosphite Kg 2.1% 2.1 2.1% 2.1 29071290 Para Chloro Ortho Cresol
Kg 2.1% 3 2.1% 3 29071300 Dodecyl Phenol (DDP) Kg 2.1% 2.1 2.1% 2.1 29071520
Beta Naphthols 1% 1% 29071990 Nonyl Phenol (Specifications: Colour: 50
APHA Max. Phenol content: 0.05% Maximum Dinonyl content: 0.5% Maximum) 1%
1% 29072100 Resorcinol 1% 1% 2907200099 others 1% 1% 2908 Halogenated,
sulphonated, nitrated or nitrosated derivatives of phenols or phenol-alcohols 29082003
4,4 Diamino Sulfanilide 1% 1% 29082022 G Salt (2-Naphthol 6,8 Disulphonic
Acid) Kg 2.4% 4 2.4% 4 29082025 Schaeffers Acid(2-Naphthol- 6 -sulphonic
Acid) 1% 1% 29082029 6-Nitro-1-Diazo-2-Naphthol-4- Sulphonic Acid 1% 1% 29089090 1-Diazo-2-Napthol
4-sulphonic Acid (on 100% basis) 1% 1% 2908909001 4,4 Di nitro
Stilbene 2,2 Di Sulphonic Acid 1% 1% 2908909002 4B Acid 98% 1% 1% 2908909099
Others 1% 1% A B Tariff Item Description of goods Unit Drawback when
Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 18 IV. ETHERS, ALCOHOL PEROXIDES, ETHER
PEROXIDES, KETONE PEROXIDES, EPOXIDES WITH A THREE-MEMBERED RING,
ACETALS AND HEMIACETALS, AND THEIR HALOGENATED, SULPHONATED, NITRATED
OR NITROSATED DERIVATIVES 2909 Ethers, ether-alcohols, etherphenols, ether-alcoholphenols, alcohol
peroxides, ether peroxides, ketone peroxides (whether or not chemically
defined), and their halogenated, sulphonated, nitrated or nitrosated derivatives 29091100
Diethyl ether Kg 2.4% 1.5 2.4% 1.5 29093030 Musk Ambrette Powder Kg Rs.10 Rs.10 29094100
Di-Ethylene Glycol (DEG) 1% 1% 29094900 Diethylene Glycol Dibenzoate Kg 2.1
% 1.1 2.1 % 1.1 2909000099 Others 1% 1% 2910 Epoxides, epoxyalcohols, epoxyphenols
and expoxyethers, with a threemembered ring, and their halogenated, sulphonated, nitrated
or nitrosated derivatives 1% 1% 2911 Acetals and hemiacetals, whether
or not with other oxygen function, and their halogenated, sulphonated, nitrated
or nitrosated derivatives 1% 1% V. ALDEHYDE - FUNCTION COMPOUNDS A
B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 19 2912 Aldehydes, whether or not with other oxygen function; cyclic
polymers of aldehydes; paraformaldehyde 29121100 Formalin 37% 1% 1% 29121990 Glyoxal
Resin (Cleantex DA-2) 1% 1% 29124990 Meta Phenoxy Benzaldehyde 1% 1% 2912000099
Others 1% 1% 2913 Halogenated, sulphonated, nitrated or nitrosated derivatives
of products of heading 2912 29130090 Napthalene Sulphonate Formaldehyde
Condensate (80% active content) 1% 1% 2913000099 Others 1% 1% VI.
KETONE - FUNCTION COMPOUNDS AND QUINONE-FUNCTION COMPOUNDS 2914 Ketones
and Quinones, whether or not with other oxygen function, and their halogenated,
sulphonated, nitrated or nitrosated derivatives 29142310 Betaionone 92%
1% 1% 29143920 Benzanthrone 1% 1% 2914399001 16,17 Dimethoxy Dibenzanthrone 1%
1% 2914399002 Bromo Benzanthrone 1% 1% 29146100 Anthraquinone 1% 1% 29146990
3,7 Dihydroxy Anthraquinone 1% 1% 29147090 1,5-Dichloro Anthraquinone 1% 1% 2914709001
1,8 Dichloro Anthraquinone 1% 1% 2914709002 Chloranil 1% 1% 2914709003 Diketone
(2,4-Dichlorophenyl Methyl Ketone) 1% 1% 2914000099 Others 1% 1% A
B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 20 VII - CARBOXYLIC ACIDS AND THEIR ANHYDRIDES, HALIDES,PEROXIDES AND
PEROXYACIDS AND THEIR HALOGENATED, SULPHONATED, NITRATED OR NITROSATED DERIVATIVES 2915 Saturated
acyclic monocarboxylic acids and their anhydrides, halides, peroxides
and peroxyacids; their halogenated, sulphonated, nitrated or nitrosated
derivatives 29151100 Formic Acid (85%) 1% 1% 29152100 Acetic Acid (Glacial)
99.85% Minimum 1% 1% 29152930 Manganese Acetate 1% 1% 2915299001 Omitted 2915299002
Glyphosate 62% (IPA Salt) Kg 2.3% 2.3 2.3% 2.3 2915299003 Glyphosate 95 % Kg
2.3% 4.2 2.3% 4.2 2915299004 Naphthalene Acetic Acid 1% 1% 2915299005 Sodium
Salt of 2,4 Dichloro Phenoxy Acetic Acid - 80% (2,4 Di Sodium Salt - 80%) 1%
1% 29157050 Dehydrated Castor Oil Fatty Acid 1% 1% 2915709001 Aluminium
stearate Kg 2.1% 1 2.1% 1 2915709002 Butyl Stearate Tech Kg 2.1% 2 2.1% 2 2915709003
Calcium Stearate Kg 2.1% 1.6 2.1% 1.6 2915709004 Lead Stearate Kg 2.1% 1.9
2.1% 1.9 29159090 Chloro Acetyl Chloride Kg 2.1% 3 2.1% 3 2915000099 Others
1% 1% A B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 21 2916 Unsaturated acyclic monocarboxylic acids, cyclic monocarboxylic
acids, their anhydrides, halides, peroxides and peroxyacids; their halogenated, sulphonated,
nitrated or nitrosated derivatives 29163110 Benzoic Acid 1% 1% 29163140
Sodium Benzoate 1% 1% 29163190 P. Hydroxy Benzoic Acid Propyl Ester/
Paraben IP/ BP/ USP (Propyl P. Hydroxy Benzoic Acid) 1% 1% 2916000099
Others 1% 1% 2917 Polycarboxylic acids, their anhydrides, halides, peroxides
and peroxyacids; their halogenated, sulphonated, nitrated or nitrosated
derivatives 29171200 D.O.A. (Dioctyl Adipate) 1% 1% 29171400 Maleic Anhydride
99.5% 1% 1% 29171940 Ferrous Fumarate BP Kg 2.1% 1.4 2.1% 1.4 29171950 Fumaric
Acid (99.5% minimum) 1% 1% 29171990 Di-butyl Maleate (DBM) Kg 2.1% 1.1
2.1% 1.1 29173500 Phthalic Anhydride 1% 1% 29173600 PTA 1.7% 1.7% 29173920
Di-Octyl Phthalate (DOP) Kg 2.1% 1.2 2.1% 1.2 2917399001 Di-Ethyl Phenyl Malonate
Kg 2.1% 2.1 2.1% 2.1 2917399002 Di-Ethyl Phthalate (DEP) Kg 2.1% 1 2.1% 1 2917399003
Dihexyl Phthalate Kg 2.1% 1.2 2.1% 1.2 2917399004 Di-Iso Octyl Phthalate Kg
2.1% 1.2 2.1% 1.2 2917399005 Di-Methyl Phthalate (DMP) Kg 2.1% 1.2 2.1% 1.2 2917399006
Di-Nonyl Phthalate (DNP) Kg 2.1 % 1.2 2.1 % 1.2 2917399007 Dilso Decyl Phthalate
(DIPP) 1% 1% 2917000099 Others 1% 1% A B Tariff Item Description of goods
Unit Drawback when Cenvat facility has not been availed Drawback when
Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 22 2918 Carboxylic acids with additional oxygen function and
their anhydrides, halides, peroxides and peroxyacids; their halogenated, sulphonated,
nitrated or nitrosated derivatives 29181190 Calcium Lactate Pentahydrate USP Kg
2.1 % 2.2 2.1 % 2.2 29181200 Tartaric Acid 1% 1% 29181510 Potassium Citrate
1% 1% 29181520 Sodium Citrate BP/USP 1% 1% 29181590 Diethyl Carbamazine
Citrate Kg 4.5 % 1.3 4.5 % 1.3 29182110 Salicylic Acid 1% 1% 29182920 Bon
Acid 1% 1% 2918000099 Others 1% 1% VIII-ESTERS OF INORGANIC ACIDS OF NON-METALS
AND THEIR SALTS, AND THEIR HALOGENATED, SULPHONATED, NITRATED OR NITROSATED DERIVATIVES 2919 Phosphoric
esters and their salts, including lactophosphates; their halogenated,
sulphonated, nitrated or nitrosated derivatives 29190090 Amino Trimethylene Phosphoric
Acid 50% concentration 1% 1% 2919000099 Others 1% 1% A B Tariff
Item Description of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 23 2920 Esters of other inorganic acids of non-metals (excluding
esters of hydrogen halides) and their salts; their halogenated, sulphonated, nitrated
or nitrosated derivatives 2920100001 1-Hydroxyethylidene 1:1 Di Phosphoric
Acid 60% 1% 1% 2920100002 Di-ethyl Thio Phosphoryl Chloride 1%
1% 2920100003 Di-methyl Thio Phosphoryl Chloride 1% 1% 2920909004
Tri Methyl Phosphite 98% 1% 1% 292000099 Others 1% 1% IX. - NITROGENFUNCTION COMPOUNDS 2921
Amine- function compounds 2921190001 Di-ethylene Triamine. (DETA) 1% 1% 2921190002 Triethylamine
Min. Purity 98.5% 1% 1% 29212910 Hexamine 1% 1% 29214101 Mono Ethyl
Aniline 1% 1% 29214190 Meta Chloro Aniline 1% 1% 29214212 Ortho Chloro
Para Nitro Aniline. 1% 1% 2921421301 2,5 Dichloro Aniline 1% 1% 2921421302
3,4 Dichloro Aniline 1% 1% 29214214 2,6 Dichloro Para Nitro Aniline 1% 1% 29214225
Meta Nitro Aniline 1% 1% 2921429001 Meta Uriedo Aniline Kg 2.7% 3.4 2.7% 3.4 2921429002
Ortho chloro Aniline 1% 1% 29214234 Sulphanilic Acid 1% 1% 29214330 Ortho
Toluidine 1% 1% 29214340 Meta Toluidine 1% 1% 29214390 Di Ethyl Meta Toluidine
1% 1% A B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 24 29214511 Alfa Naphthyl Amine 1% 1% 29214512 Phenyl Alpha
Napthyl Amine 1% 1% 29214516 Sodium Naphthionate 1% 1% 29214521 Broenners
Acid (Min. 90% purity) Kg. 2.3% 4.7 2.3% 4.7 29214522 Mix Cleves Acid
1% 1% 29214525 Laurent Acid 1% 1% 29214528 Tobias Acid Kg 3.1% 4.5 3.1%
4.5 29214590 K. Acid (2 Napthylamine 3,6,8 Trisulphonic Acid) Kg 3.3%
5.5 3.3% 5.5 292145901 Sulpho Tobias Acid Kg 3.6% 8.1 3.6% 8.1 29214909 4,4-Diamine
diphenyl amine-2- Sulphonic acid 1% 1% 29214990 4,4 Diamino Benanilide
1% 1% 29215110 Ortho Phenylene Diamine 1% 1% 29215120 Meta Phenylene Diamine
1% 1% 29215130 Para Phenylene Diamine 1% 1% 29215170 Para Amino Acetanilide
1% 1% 2921519001 Mixed diaryl para phenylene diamine (Minimum content 80%) Kg 2.1%
3.7 2.1% 3.7 2921519002 N (1,3 Dimethyl Butyl) N Phenyl Para Phenylene Diamine
(Minimum 95%) Kg 2.1% 4 2.1% 4 29215903 3,3 Dichloro Benzidine Dihydro
Chloride (3,3 DCB) 1% 1% 29215990 Ortho Nitro Aniline 1% 1% 2921000099
Others 1% 1% 2922 Oxygen-function aminocompounds 29222140 Gamma Acid
Kg 3.6% 6.4 3.6% 6.4 29222150 J Acid Kg 2.5% 10.5 2.5% 10.5 29222160 H.
Acid 1% 1% 29222161 R Salt (2-Naphthol 3:6 Disulphonic) 1% 1% 29222190 4,4
Dinitro Stilbene 2,2 Disulphonic Acid 1% 1% 2922219001 C. Acid 90%
UP (3-Amino -6 Chloro toluene 4 sulphonic acid) 1% 1% 2922219002 N-Methyl
J Acid 1% 1% A B Tariff Item Description of goods Unit Drawback when
Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 25 2922219003 Diaminomatino Nitrite
Kg 2.1% 4 2.1% 4 29222210 Ortho Anisidine 1% 1% 29222220 Para Anisidine
1% 1% 29222906 6-Nitro 2 Amino Phenol 4- Sulphonic acid (6NAPSA) 1%
1% 29222912 Meta Amino Phenol 1% 1% 29222914 Di-Ethyl Meta Amino Phenol
1% 1% 29222919 PAN Acid Kg 2.1% 7 2.1% 7 29222924 N Phenyl J Acid 1% 1% 29222925
Peri Acid (dye Intermediate) Kg 3.2% 1.2 3.2% 1.2 29222926 Meta Phenylene
Diamine 4- Sulphonic Acid 1% 1% 29222931 Metol 1% 1% 29222990 6-CAPS(6-Chloro Aminophenol-4-Sulphonic Acid 1%
1% 2922293301 Paracetamol Kg 2.6% 3.9 2.6% 3.9 2922293302 Paracetamol
Granules DC Grade 77% Kg 2.6% 3.9 2.6% 3.9 29222934 Para Cresidine 1%
1% 2922299001 4, 4-Diamino Diphenyl Amine- 2 Sulphonic Acid (F.C. Acid) 1%
1% 2922299002 6-Acetyl Amino 2-Amino Phenol 4-Suphonic Acid 1% 1% 2922430001
5-Sulpho Anthranilic Acid Kg 3.7% 5.2 3.7% 5.2 2922430002 Anthranilic Acid
1% 1% 2922430003 Bas Acid (4 Sulpho-Anthranilic Acid) 1% 1% 29224910
Glycine 1% 1% 29224990 Metanilic Acid 1% 1% 29225021 Frusemide 1% 1% 2922509001
Domperidone 1% 1% 2922509002 Domperidone Maleate 1% 1% 2922000099 Others
1% 1% 2923 Quaternary ammonium salts and hydroxides; lecithins and other
phosphoaminolipids, whether or not chemically defined 2923100001 Choline
Chloride 75% Aquous 1% 1% A B Tariff Item Description of goods Unit Drawback
when Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 26 (Animal Feed Supplement) 2923100002 Dry
Choline Chloride 60% Cereal Base 1% 1% 2923100003 Choline Di-Chloride (Dichloroelthyl)
Trimethyl Ammonium Chloride (Chlormequat Chloride) 1% 1% 29239000 Tri
Ethyl Benzyl Ammonium Chloride 1% 1% 2923000099 Others 1% 1% 2924 Carboxyamide-function compounds;
amide-function compounds of carbonic acid 29241900 Napropamide Tech.
90% Minimum 1% 1% 29242190 Glibenclamide BP-88 1% 1% 29242910 Acetanilide
1% 1% 29242930 Aceto Acetic Ortho Chloranilide 1% 1% 2924299001
Acetazolamide 1% 1% 2924299002 Chloropropamide 1% 1% 2924299003 4-4, Diamino
Benzanilide 1% 1% 2924299004 Aceto Acetic Meta Xylidide Kg 2.1% 3 2.1% 3 2924299005
Aceto Acetic Ortho Toluidide 1% 1% 2924000099 Others 1% 1% 2925 Carboxyimide-function compounds
(including saccharin and its salts) and imine-function compounds 2925190002
Cetrimide BP 88 Kg 2.1% 4.5 2.1% 4.5 2925190003 Thiacetazone 1% 1% 2925190004 N-(Cyclohexyl
thio) Phthalimide 1% 1% 2925190005 Succinimide 1% 1% 2925190006 Tetra
Hydro Phthalic Imide (THPI) 1% 1% 2925209001 Diphenyl Guanidine Powder
1% 1% 2925209002 Metformin HCL BP 1% 1% 2925000099 Others 1% 1% 2926
Nitrile-function compounds 1% 1% 2927 Diazo-, azo- or azoxyompounds A
B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 27 29270090 Para Amino Azobenzene 3:4- Sulphonic Acid 1%
1% 2927000099 Others 1% 1% 2928 Organic derivatives of hydrazine or
of hydroxylamine 29280090 Methyl Ethyl Ketoxime 1% 1% 2928000099 Others
1% 1% 2929 Compounds with other nitrogen function 29291020 Toluene
Di Isocyanate (TDI) 1% 1% 29291090 Methyl Iso thio Cyanate 1% 1% 2929000099
Others 1% 1% X. ORGANOINORGANIC COMPOUNDS, HETEROCYCLIC COMPOUNDS,
NUCLEIC ACIDS AND THEIR SALTS, AND SULPHONAMIDES 2930 Organo-sulphur
compounds 2930909001 Tetra Butyl Ammonium Hydrogen Sulphate Kg 2.1
% 7.2 2.1 % 7.2 2930909002 Mercapto Benzetriazole 97.5% min 1% 1% 2930909003 Tetra
methyl thiouram disulphide M.P. above 142 degrees C 1% 1% 2930909004 Zinc
Diethyl Dithio carbamate (active content 94%) 1% 1% 2930909005 N-Acetyl
Sulphanilyl Chloride 1% 1% 2930000099 Others 1% 1% 2931 Other organo-inorganic compounds 29310020 Roxarsone-USP
(3-Nitro-4- Hydroxyphenyl Arsonic Acid) 1% 1% 2931009001 Di-Butyl tinoxide
Kg 3 % 4.6 3 % 4.6 2931009002 Tetra N-Butyl Titanate Monomer (Purity
99% Min.) 1% 1% 2931009003 Tri Ethyl Phosphite (98% Min.) 1% 1% A B Tariff
Item Description of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 28 2931009004 Dimethyl Methyl Phosphonate 1% 1% 2931000099
Others 1% 1% 2932 Heterocyclic compounds with oxygen hetero-atom(s) only 1%
1% 29322100 Coumarin 1% 1% 2932000099 Others 1% 1% 2933 Heterocyclic
compounds with nitrogen hetero-atom(s) only 1% 1% 29331920 1 (2,5
Dichloro-4- Sulphophenyl)-3-methyl-5- Pyrazolone 1% 1% 29331970 Analgin
Kg 2.5% 11.3 2.5% 11.3 2933199001 1-Phenyl 3-Methyl- 5 Pyrazolone (PMP) 1%
1% 2933199002 Ketorolac Tromethamine 1% 1% 2933199003 Omeprazole 1% 1% 2933199004
Piroxicam USP 1% 1% 2933199005 1,4 Sulpho phenyl 3 Methyl 5 Pyrazolene 1%
1% 29331990 1-(4-Sulphophenyl-3-Carboxy- 5 Pyrazolone) 1% 1% 29332920
Metronidazole Benzoate Kg 2.1% 11.2 2.1% 11.2 29332930 Mebendazole 1% 1% 29332940
Dimetridazole BP Vet 1% 1% 2933299001 1-(2-Propenyl)-1, 3-Dihydro-2- H
Benzimidazol-2- One(Minimum 99% Purity) 1% 1% 2933299002 1-(3-Chloropropyl)-2- Benzimidazoline 1%
1% 2933299003 Ketoconazole 1% 1% 2933299004 Miconazole Nitrate 1% 1% 2933299005
Fluconazole 1% 1% 2933310001 Pyridine Hydrobromide Kg 3.6% 10 3.6% 10 2933310002
Pyridine 98% Min. 1% 1% 29333912 2-Picoline (Alpha) 99% min./ 4-Picoline
(Gamma) 98.5% min. 1% 1% 29333914 Chlorpheniramine Maleate 1% 1% 29333919
Pheniramine maleate 1% 1% 29333920 N-Methyl-4-Piperidinol 1% 1% 2933399001
N-Carbethoxy-4-Piperid-one 1% 1% A B Tariff Item Description of goods Unit Drawback
when Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 29 2933399002 Loratadine 1% 1% 2933490003
1,2-Dihydro 2-Oxyquinoxaline 1% 1% 2933490004 Di-iodohydroxy quinoline Kg 2.5%
20 2.5% 20 2933490005 Iodo Chloro hydroxy quinoline USP 1% 1% 2933490006 Dihydro-2-Oxoquinoxaline( HQ)
(2-Hydroxy Quinoxaline) 1% 1% 29335910 Aminophylline(cardophylin) 1%
1% 29335920 Trimethoprim BP/USP Kg 2.5% 18 2.5% 18 29335990 Acyclovir 1%
1% 29337900 Caprolactum 1% 1% 2933000099 Others 1% 1% 2934 Nucleic
acids and their salts;whether or not chemically defined; other heterocyclic
compounds 29341000 Phthalylsulphathiazole 1% 1% 2934000099 Others 1% 1% 2935
Sulphonamides 29350011 Sulphamethoxazole Kg 2.1% 8.6 2.1% 8.6 2935009001 4,4
Diamino Sulfanilide (100% Basis) 1% 1% 2935009002 5 Chloro Aniline
2:4 Disulphonamide 1% 1% 2935009003 N-Oxydiethylene Benzothiazole
Sulfernamide (Minimum 96%) 1% 1% 2935009004 N-Cyclohexyl 2- Benzothiaxole Sulphenamide-
Min. 95% (CBS) 1% 1% 2935000099 Others 1% 1% XI. PROVITAMINS, VITAMINS
AND HORMONES 2936 Provitamins and vitamins, natural or reproduced
by synthesis (including natural concentrates), derivatives thereof used
primarily as vitamins, and intermixtures of the foregoing, whether or not
in any solvent A B Tariff Item Description of goods Unit Drawback when
Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 30 29362910 Folic Acid Kg 2.1% 37 2.1%
37 2936292001 Niacin/ Nicotinic Acid BP/ USP 1% 1% 2936292002 Niacinamide
/ Nicotinamide BP/USP 1% 1% 2936000099 Others 1% 1% 2937 Hormones,
prostaglandins, thromboxanes and leukotrienes, natural or reproduced
by synthesis; derivatives and structural analogues thereof, including chain
modified polypeptides, used primarily as hormones 1% 1% XII. GLYCOSIDES
AND VEGETABLE ALKALOIDS, NATURAL OR REPRODUCED BY SYNTHESIS, AND THEIR SALTS,
ETHERS, ESTERS AND OTHER DERIVATIVES 2938 Glycosides, natural or reproduced
by synthesis and their salts, ethers, esters and other derivatives 1%
1% 2939 Vegetable alkaloids, natural or reproduced by synthesis, and
their salts, ethers, esters and other derivatives 29393000 Caffeine 1% 1% 29394200 Pseudo
Ephedrine Hydrochloride Kg 2.1% 53 2.1% 53 2939590001 Theobromine 1%
1% 2939590002 Theophylline 1% 1% 2939990001 Bromhexine Hydrochloride BP
1% 1% 2939990002 Dextromethorphan Hydrobromide 1% 1% 2939000099
Others 1% 1% XIII. OTHER ORGANIC COMPOUNDS A B Tariff Item Description
of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 31 2940 Sugars, chemically pure, other than sucrose, lactose, maltose,
glucose and fructose; sugar ethers, sugar acetals and sugar esters, and
their salts, other than products of headings 2937, 2938 or 2939 1% 1% 2941
Antibiotics 29411010 Potassium Penicillin G First Crystal/ Penicillin
Potassium V First Crystal/ BP/USP/ISP Kg 2.6 % 39 2.6 % 39 2941102001
Ampicillin Sodium Sterile Kg 3% 71 3% 71 2941102002 Ampicillin Trihydrate Kg
3% 38 3% 38 2941103001 Amoxycillin Trihydrate Kg 3% 39 3% 39 2941103002 Amoxycillin
Sodium Sterile Crystalline Kg 3% 151 3% 151 29411040 Cloxacillin Sodium
Kg 3% 37 3% 37 29411090 7-ADCA (Enzymatic Route) Kg 3% 85 3% 85 2941400001
Chloramphenicol Kg 3% 38 3% 38 2941400002 Chloramphenicol Palmitate Kg 3% 38
3% 38 2941500001 Erythromycin BP 88 Kg 3% 115 3% 115 2941500002 Erythromycin
Estolate B.P.88 Kg 3% 73 3% 73 2941500003 Erythromycin Stearate BP-88 Kg 3%
60 3% 60 29419020 Cephalexin Monohydrate Kg 3% 82 3% 82 2941903001 Ciprofloxacin
Hcl / Base Kg 3% 33 3% 33 2941903002 Ciprofloxacin Lactate Monohydrate Kg
3% 35 3% 35 29419060 Norfloxacin/Norfloxacin Hydrochloride Kg 3% 40
3% 40 29419090 Enrofloxacin Kg 3.6% 44 3.6% 44 2941909001 Pefloxacin
Methane Sulphonate (Powder)/Pefloxacin Kg 2.6% 29 2.6% 29 2941909002
Azithromycin Dihydrate Kg 2.1% 255 2.1% 255 2941909003 Roxythromycin Kg 2.6%
185 2.6% 185 2941000099 Others 1% 1% 2942 Other organic compounds 29420011
Cefadroxil Kg 2.6% 104 2.6% 104 2942001201 Ibuprofen Kg 3% 10 3% 10 2942001202
Ibuprofen Lysinate Kg 3% 13 3% 13 A B Tariff Item Description of goods Unit Drawback
when Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 32 2942001203 Ibuprofen Sodium Kg 3%
13 3% 13 29420013 Nifedipine 1% 1% 29420015 D(-) Alpha Phenyl Glycine Ethyl
Potassium Dane Salt 1% 1% 29420023 D(-)a Phenyl Glycin Chloride Hcl 1%
1% 29420027 Atenolol BP/USP Kg 3% 32 3% 32 29420033 Oxyclozanide Vet BP
85 Kg 2.6% 32 2.6% 32 2942009001 D(-)Alpha Phenyl Glycine Base 1% 1% 2942009002
Flurbiprofane BP 1% 1% 2942009003 Mepacrine Hydrochloride 1% 1% 2942009004 D(-)
Dihydro Phenyl Glycine Base 1% 1% 2942009005 S+ Ibuprofane /(+)-2-(4- Isobutyl
Phenyl) Propionic Acid/ Dexibuprofane Kg 2.6% 10.4 2.6% 10.4 2942009006 D(-)
Para Hydroxy Phenyl Glycine Base Kg 2.1% 10.8 2.1% 10.8 2942000099 Others
1% 1% CHAPTER 30 PHARMACEUTICAL PRODUCTS 3001 Glands and other
organs for organo-therapeutic uses, dried, whether or not powdered; extracts
of glands or other organs or of their secretions for organo therapeutic
uses; heparin and its salts; other human or animal substances prepared for
therapeutic or prophylactic uses, not elsewhere specified or included Nil
Nil A B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 33 3002 Human blood; animal blood prepared for therapeutic, prophylactic
or diagnostic uses; antisera and other blood fractions and modified immunological
products, whether or not obtained by means of biotechnological processes;
vaccines, toxins, cultures of microorganisms (excluding yeasts)and similar products Nil
Nil 3003 Medicaments(excluding goods of heading 3002,3005 or 3006) consisting
of two or more constituents which have been mixed together for therapeutic
or prophylactic uses, not put up in measured doses or in forms or packing for
retail sale 30039011 Calcium Sennocides A&B Powder 1% 1% 3003000099
Others 1% 1% 3004 Medicaments(excluding goods of heading 3002,3005 or
3006) consisting of mixed or unmixed products for therapeutic or prophylactic uses,
put up in measured doses(including those in the form of transdermal administration
systems) or in forms or packings for retail sale 30041010 Triple Penicillin
6:3:3 Injection BP/USP 1% 1% 30041020 Ampicillin Capsules 250 mg. (Each
capsule contains Ampicillin Trihydrate equivalent to 250 mg of Ampicillin
base) 1% 1% 3004102001 Ampicillin Injection (1 gram Vial) 1% 1% A
B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 34 30041020 Ampicillin oral suspension (Ampicillin Syrup)
125 mg/5 ml, 60 ml bottle (each 5 ml contains Ampicillin Trihydrate equivalent
to 125 mg of Ampicillin ) 1% 1% 30041030 Amoxycilin Capsules 250 mg (Each
capsule containing Amoxycllin Trihydrate equivalent to 250 mg of Amoxycillin) 1%
1% 3004103002 Amoxycillin oral suspension (Amoxycillin Syrup) 125 mg/5 ml,
60 ml bottle (Each 5 ml contains Amoxycillin Trihydrate equivalent to 125
mg of Amoxycillin) 1% 1% 30041050 Cloxacillin Capsules 250 mg 1% 1% 3004105001
Cloxacillin Capsules 500 mg 1% 1% 3004105002 Cloxacillin capsules-250 mg (Each
capsule contains Cloxacillin Sodium equivalent to 250 mg of Cloxacillin) 1%
1% 30041050 Cloxacillin Injection (250 mg/vial) Each vial contains Cloxacillin
Sodium equivalent to 250 mg of anhydrous cloxacillin) 1% 1% 3004105003 Cloxacillin
oral solution (Cloxacillin syrup) 125 mg/5 ml, 60 ml. bottle (each 5 ml contains
cloxacillin sodium equivalent to 125 mg of cloxacillin) 1% 1% 3004106001 Ampicillin
and Cloxacillin Capsules (250 mg +250 mg) (Each capsule contains Ampicillin
Trihydrate equivalent to 250 mg of Ampicillin and Cloxacillin Sodium
equivalent to 250 mg of Cloxacillin) 1% 1% A B Tariff Item Description
of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 35 3004106002 Dry syrup Ampicillin +Cloxacillin (125 mg/5
ml + 125 mg/5 ml) 60 ml bottle (each 5 ml contains ampicillin Trihydrate
equivalent to 125 mg of Ampicillin and cloxacillin Sodium equivalent to
125 mg of cloxacillin) 1% 1% 3004109001 Benzyl Penicillin Injection
1 mega 1% 1% 3004109002 Bi-Penicillin 1 Mega Injection 1% 1% 3004109003 Fortified
Procaine Penicillin 4 Mega Injection 1% 1% 3004109004 Procaine Penicillin
3 Mega Injection BP 1% 1% 3004109005 Sterile Streptomycin Sulphate USP
Injection 5 gms (containing not less than 5 gms of Streptomycin base) 1%
1% 30042011 Cefazolin Sodium Injection USP, 1gm/10 ml vial (each vial containing
not less than 1 gm of Cefazolin) 1% 1% 30042012 Cephalexin Capsules
250 mg (Each capsule contaning Cephalexin equivalent to 250 mg of anhydrous
Cephalexin ) 1% 1% 30042041 Tetracycline capsules-250 mg (each capsule
contains 250 mg of Tetracycline Hydrochloride) 1% 1% 3004205001 Chloramphenicol
Capsules 250 mg 1% 1% 3004205002 Chloramphenicol oral suspension
60 ml bottle (each 5 ml contains Chloramphenicol Palmitate equivalent to
125 mg of Chloramphenicol) 1% 1% 3004205003 Chloramphenicol Sodium Succinate
Injection (0.3 gm /vial) (each vial contains Chloramphenicol Sodium Succinate
equivalent to 0.3 gm of Chloramphenicol) 1% 1% A B Tariff Item Description
of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 36 30042061 Erythromycin Estolate capsules-250 mg (Each
capsule contains Erythromycin Estolate equivalent to 250 mg of Erythromycin
) 1% 1% 30042062 Erythromycin Estolate for Oral Suspension 125 mg/
5 ml- 100 ml bottle (Each 5 ml containing Erythromycin Estolate equivalent
to 125 mg. of Erythromycin) 1% 1% 30042063 Erythromycin Stearate 250
mg Tablet (each Tablet containing Erythromycin Stearate equivalent to
250 mg of Erythromycin) 1% 1% 30042094 Ethambutol Tablets 400 mg 1% 1% 3004320001 Hydrocortisone
Acetate Ointment BPC 1% 1% 1% 3004320002 Hydrocortisone Sodium Succinate
Injection 100 mg each vial containing Hydrocortisone Sodium succinate
134 mg equivalent to 100 mg of Hydrocortisone) 1% 1% 3004902101 Mebendazole
Tablets-100 mg 1% 1% 3004902102 Pyrantel Pamoate tablets 250 mg (each
tablet contains Pyrantel Pamoats 725 mg equivalent to 250 mg of Pyrantel
base.) 1% 1% 30049021 Pyrantel Pamoate oral suspension 250 mg / 5
ml - 100 ml bottle (Each 5 ml contains Pyrantel Pamoate 725 mg equivalent
to 250 mg of Pyrantel base) 1% 1% 3004903301 Ranitidine Injection-25
mg./ml (2 ml. ampoule) (Each 2.ml. containing Ranitidine Hydrochloride
equivalent to 50 mg. of Ranitidine) 1% 1% A B Tariff Item Description
of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 37 3004903302 Ranitidine Tablets-150 mg (Each tablet containing Ranitidine
Hydrochloride equivalent to 150 mg. of Ranitidine) 1% 1% 30049056 Amodiaquine
Tablets 200 mg (each tablet contains Amodiaquine Hydrochloride equivalent
to 200 mg of Amodiaquine) 1000 Tablets 2.2% 5.3 2.2% 5.3 30049061 Analgin
Injection-5 ml ampoules (Each ml. containing 500 mg of analgin) 1% 1% 3004906101
Analgin Tablets-500 mg 1% 1% 3004906102 Paracetamol Tablets-500 mg 1% 1% 30049062 Aspirin
Tablets-300 mg (Acetyl Salicylic Acid Tablets) 1% 1% 30049063 Ibuprofen
Tablets 200 mg 1% 1% 30049072 Nifedipine Capsules USP 10 mg (Soft Gelatine
Nifedipine Capsules) 1% 1% 30049076 Methyl Dopa Tablets 500 mg (each
tablet contains Methyl Dopa equivalent to 500 mg of Anhydrous Methyl Dopa) 1%
1% 30049081 Chlordiazepoxide Hydrochloride Tablets-5 mg (each tablet
contains chlordiazepoxide Hydrochloride equivalent to 5 mg of Chlordiazepoxide
) 1% 1% 3004908701 Cotrimoxazole Tablets (Each tablet containing 80
mg of Trimethoprim and 400 mg of Sulphamethoxazole) 1% 1% 3004908702 Doxycycline
capsules-50 mg. (each capsule containing Doxycycline Hydrochloride equivalent
to 50 mg. Doxycycline) 1% 1% A B Tariff Item Description of goods
Unit Drawback when Cenvat facility has not been availed Drawback when
Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 38 3004908703 Gentamicin injection-2 ml vials/ ampoules
(Each vial/ampoule containing Gentamicin Sulphate) 1% 1% 3004908704 Sterile
Cefotaxime Sodium Injection USP, 1 gm/ 10 ml vial (each vial containing
not less than 1 gm of Cefotaxime) 1% 1% 3004909101 Salbutamol Inhaler
200 Metered Dose (each metered inhalation supplies contain Salbutamol
BP 100 mcg) 1% 1% 30004909102 Salbutamol Tablets-2 mg (Each tablet
contains Salbutamol Sulphate equivalent to 2 mg of Salbutamol) 1% 1% 3004000001
Primidone Tabs 250 mg 1% 1% 3004000002 Candistatin Vaginal Tabs 1% 1% 3004000003 Sulfabiotics
Dusting Powder 10 mg. 1% 1% 3004000004 Trinicort-Injection 40 mg/ML in
1 ML vial 1% 1% 30043200 Ointments Hydro-cortisone Acetate Ointment
tubes weighing 5 gms per tube containing 1% active ingredient by weight. 1%
1% 30043912 Anti-Allergic/ Anti- Inflammatory Predniso-lone Tabs 5
mg. 1% 1% 30043913 Cortico-Steroid Dexamethasone Tabs 0.5 mg. 1%
1% 30044070 Anti-Asthmatic Ephedrine Tabs. 30 mg. 1% 1% 30049031 Anti-Histamine Chlorpheniramine
Tabs 4 mg. 1% 1% 30049069 Indromethacin Capsules 25 mg. 1% 1% 3004000099
Others 1% 1% A B Tariff Item Description of goods Unit Drawback when
Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 39 3005 Wadding, gauze, bandages and
similar articles (for example, dressings, adhesive plasters, poultices), impregnated
or coated with pharmaceutical substances or put up in forms or packings for
retail sale for medical, surgical, dental or veterinary purposes 1% 1% 3006 Pharmaceutical
goods specified in note 4 to this Chapter 1% 1% CHAPTER 31 31 FERTILIZERS CHAPTER
32 32 TANNING OR DYEING EXTRACTS; TANNINS AND THEIR DERIVATIVES;
DYES, PIGMENTS AND OTHER COLOURING MATTER; PAINTS AND VARNISHES; PUTTY AND
OTHER MASTICS; INKS 3201 Tanning extracts of vegetable origin; tannins
and their salts, ethers, esters and other derivatives 1% 1% 3202 Synthetic
organic tanning substances; inorganic tanning substances; tanning preparations,
whether or not containing natural tanning substances; enzymatic preparations
for pre-tanning 1% 1% 3203 Colouring matter of vegetable or animal
origin (including dyeing extracts but excluding animal black), whether or
not chemically defined; preparations as specified in Note 3 to this Chapter
based on colouring matter of vegetable or animal origin 1% 1% A B Tariff
Item Description of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 40 3204 Synthetic organic colouring matter, whether or
not chemically defined; preparations as specified in Note 3 to this Chapter
based on synthetic organic colouring matter; synthetic organic products
of a kind used as fluorescent brightening agents or as luminophores,
whether or not chemically defined 3204000001 - Aceto Acet - 4- Chloro
2,5 Dimethoxy Anilide (Naphthol AS - IRG)- 1% 1% 3204001001 Acid Black
194 Kg 2.6% 4.6 2.6% 4.6 3204001002 Chrysodine White Base 1% 1% 3204001003
Ethyl Violet Base Kg 2.1% 4.2 2.1% 4.2 3204001004 Ethyl Violet Liquid 1% 1% 3204001005
Methyl Violet Base 1% 1% 3204001006 Pigment Blue 62 1% 1% 3204001007 Pigment
Violet 27 1% 1% 3204001008 Solvent Black KPC 1% 1% 3204000002 Acid Black
210 (Acid Black NBH) 1% 1% 3204000003 Acid Green 1 (C.I. No.10020) Kg
2.6% 5.3 2.6% 5.3 3204000004 Acid Milling Red 3 GN (Acid Red 131) (Dye
content 60%) 1% 1% 3204000005 Auramine O (WS) Auramine OH, Basic Yellow
- 2 (Dye content Minimum 95%) (C.I. No. 41000) 1% 1% 3204000006 AZO
Black DIX/ Acid Black MRL (Acid Black 172) 1% 1% 3204000007 Basic
Brilliant green colour Index No. 42040 1% 1% 3204000008 Basic Methylene
Blue C (Basic Blue 9) (C.I. No. 52015) 1% 1% 3204000009 Basic Violet
14(CI No.42510) 1% 1% A B Tariff Item Description of goods Unit Drawback
when Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 41 3204000010 Bismark Brown R (Basic Brown
1) (C.I. No. 21000) 1% 1% 3204000011 Black / Red iron oxide pigment 1% 1% 3204000012 Black
T Supra ( Mordant Black 11) (C.I. No. 14645) 1% 1% 3204000013 Blue B
Base (CI No.37235) 1% 1% 3204000014 Bronze Scarlet C.I. 15585:1/Red 53:1 Kg
2.2% 5.5 2.2% 5.5 3204000015 Carbazole Dioxazine Violet Pigment Crude
(Pigment Violet-23) (C.I. No. 51319) Kg 2.2% 13 2.2% 13 3204000016 Carmosine
(Food Red 3) (C.I. No. 14720) 1% 1% 3204000017 Cationic Blue G (Basic
Blue 1) (C.I. No. 42025) 1% 1% 3204000018 Cationic Blue GRL (Basic
Blue 41) 1% 1% 3204000019 Cationic Navy Blue 2BL 1% 1% 3204000020 Cationic
Pink FG (Basic Red 13) (C.I. No. 48015) 1% 1% 3204000021 Cationic
Red 4G (Basic Red 14) 1% 1% 3204000022 Cationic Red 6B (Basic Violet 7)
(C.I. No. 48020) 1% 1% 3204000023 Cationic Red 7BN 1% 1% 3204000024 Cationic
Red GRL (Basic Red 46) 1% 1% 3204000025 Cationic Red GTL (Basic Redd 18)
(C.I. No. 11085) 1% 1% 3204000026 Cationic Yellow 3GH 1% 1% 3204000027 Cationic
Yellow GRL (Basic Yellow 29) 1% 1% 3204000028 Developed Black BT (Direct Blue
2) (C.I. No. 22590) 1% 1% 3204000029 Direct Chrysophenine (Direct Yellow
12) (C.I. No. 24895) 1% 1% 3204000030 Direct Fast Black B (C.I. No. 27720) 1%
1% A B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 42 3204000031 Grey BI (Acid Black 58) (C.I. No. 12230) 1%
1% 3204000032 Ink Blue Concentrate (Acid Blue 93) (C.I. No. 42780) 1%
1% 3204000033 Intermediates Pigment Tetra chloromethylated Copper Phthalo
cyanine 100% base 1% 1% 3204000034 Magenta (Basic Violet 2) C.I. No.
42520 1% 1% 3204000035 Methylene Blue (Zinc Free) 1% 1% 3204000036 Naphthol
AS Cl No. 37505 1% 1% 3204000037 Nigrosine W.S. powder/ crystal (Acid
Black-2) (C.I. No. 50420) 1% 1% 3204000038 Novatic Gray 3 BR Pure (Vat Dye)
CI. 113608 1% 1% 3204000039 Perma Red 2B (C.I. No 15865:2) 1% 1% 3204000040 Pigment
(DGN 3020 Orange R.) 1% 1% 3204000041 Pigment Brilliant Carmine 6 BF
1% 1% 3204000042 Pigment Copper Phthalocyanine Blue/ Copper Phthalocyanine
Crude (PCB free) (C.I. No. 74160) (Pigment Blue 15) 1% 1% 3204000043 Reactive
Black 5 (C.I. No. 20505) Kg 2.2% 4.5 2.2% 4.5 3204000044 Reactive
Red 120 (Reactive Red HE 3B) (C.I. No. 25810) Kg 2.1% 5.6 2.1% 5.6 3204000045 Rhodamine
B Base (Solvent Red 49) Kg 2.5% 7.9 2.5% 7.9 3204000046 Solvent Black-5
(C.I. No. 50415) 1% 1% 3204000047 Sulphur Black BC (Extra conc) 1% 1% 3204000048 Sunset
Yellow (Food Yellow 3) (C.I. No. 15985) (Dye content 85%) 1% 1% 3204000049 Suthol
Red (Pigment Red 49:1) (C.I. No. 15630:1) Kg 2.1% 6.6 2.1% 6.6 3204000050
Vat Blue 2 RX 1% 1% A B Tariff Item Description of goods Unit Drawback
when Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 43 3204000051 Vat Blue RSN Powder/Vat Blue
4 (C.I. No. 69800) Dye content 80% 1% 1% 3204000052 Vat Dark Blue
BO (Vat Blue 20) (Dye content 67%) (C.I. No. 59800) 1% 1% 3204000053 Vat
Dark Blue DO (Vat Blue 20) (C.I. No. 59800) 1% 1% 3204000054 Vat Orange-1
(CI No. 59105) 1% 1% 3204000055 Vat Yellow 5 G (Vat Yellow 2) ( C.I.
No. 67300) 1% 1% 3204111901 Disperse Navy Blue F3GL (Disperse Blue
291) (Dye content 50%) 1% 1% 3204111902 Disperse Yellow 114 (Dye content
94%) 1% 1% 3204111903 Disperse Yellow F7GDL (Disperse Yellow 126)
(Dye content 60%) 1% 1% 3204111904 Fast Blue GBR 1% 1% 3204111905 Golden
Yellow 200% (C.I.Disperse Yellow 56) (containing 67.5% dispersing agent) 1%
1% 3204113901 Disperse Dark Red 2B (Disperse Red 167:1) (Dye content
36.8%) 1% 1% 3204113902 Disperse Red FBGL (Disperse Red-60) (Dye content
- 60%) (C.I. No. 60756) 1% 1% 3204113903 Disperse Red FBL (Disperse Red
92) (C.I. No. 60752) (Dye content 40%) 1% 1% 32041149 Disperse Yellow
3G (Disperse Yellow 64) (C.I. No. 47023) 1% 1% 3204115901 Disperse
Blue 183 (Disperse Blue SE 2 RI) (Dye content - 60%) (C.I. No. 11078) 1%
1% 3204115902 Disperse Fast Yellow Conc. (Disperse Yellow 3) (C.I. No. 11855) 1%
1% A B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 44 3204115903 Disperse Navy Blue FGRL (Disperse Navy Mix)
(Dye content 50%) 1% 1% 3204115904 Disperse Orange 2 RL (Disperse
Orange 25) (Dye content 45%) (C.I. No. 11227) 1% 1% 3204121101 Acid
Yellow 23 (Tartrazine) (C.I. No. 19140) 1% 1% 3204121102 Metanil Yellow
R (Dye content: Metanil Yellow - 49.8% Acid Orange 7 - 30.2%) 1% 1% 32041212 Acid
Orange - 7 (C.I. No. 15510) 1% 1% 3204121301 Acid Brilliant Scarlet
3R (Acid Red 18) (C.I. No. 16255) 1% 1% 3204121302 Acid Reconilline
N (Acid Red 88) (C.I. No. 15620) 1% 1% 3204121303 Acid Red 88 (Acid
Roccelline) (C.I. No. 15620) 1% 1% 3204121304 Amaranth (C.I. No. 16185) (Acid
Red 27) 1% 1% 3204121305 Optical Brightener C.I. Flourescent Brightener-24 (Assay
33%) (C.I. No. 40650) 1% 1% 32041229 Acid Green 16 (C.I. No. 44025) 1% 1% 32041231 Nylon
Fast Blue LR (Acid Blue 62) (C.I. No. 62045) 1% 1% 32041267 Acid Chrome
Black T-200 (Mordant Black 11) (C.I. No. 14645) 1% 1% 32041294 Acid
Violet 4B (Acid Violet 17) (C.I. No. 42650) 1% 1% 3204134201 Rhodamine
B Base 1% 1% 3204134202 Rubine Toner CA-CI NO 15850 1% 1% 32041349 Rhodamine
3 B Basic Violet 11.1 (C.I. No.45174) 1% 1% A B Tariff Item Description
of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 45 3204135901 Vat Yellow GCN U/D (Vat Yellow 2) 1%
1% 3204135902 Victoria Blue R (Basic Blue- 11) (C.I. No. 44040) 1%
1% 3204142901 Direct Red 12 B (Direct Red 31) (C.I. NO. 29100) 1%
1% 3204142902 Direct Red 81 (Dye content 70%) Kg 3.7% 11 3.7% 11 3204143901 Direct
Sky Blue 5B (Direct Blue 15) (C.I. No. 24400) 1% 1% 3204143902 Direct
Violet 2 B C.I. NO. 27905 1% 1% 32041485 Direct Turquoise Blue 86
C.I. No 74180 1% 1% 32041511 Novatic Yellow 5 G Supra Disperse
(Vat Dye) C.I. 101193 1% 1% 3204152901 Vat Red 1 (C.I. No. 73360) 1% 1% 3204152902 Vat
Yellow 3 RT U/D Vat Orange 11 (C.I.No.70805) Dye content 40% 1% 1% 32041541 Vat
Violet RR U/D, Vat Violet 1 (C.I. No.60010) (41% Dye content) 1% 1% 3204155501 Disperse
Red FB (Disperse Red 60) (Dye content 40%) ( C.I. No. 60756) 1% 1% 3204155502 Vat
Blue 20 (Vat Dark Blue BO) (C.I. No. 59800) 1% 1% 3204155901 Acid Red
114 (C.I. No. 23635) 1% 1% 3204155902 Vat Blue BC 1% 1% 3204155903 Vat
Brown BR CDP (Vat Brown 1) Kg 2.1% 13.4 2.1% 13.4 3204155904 Vat Navy
Blue BR U/D Vat Blue 18 (C.I. No.59815) 50% Dye content 1% 1% 3204155905 Vat
Navy Blue TRR U/D Vat Blue 22 (C.I.No.59820) Dye content 50% 1% 1% A
B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 46 32041561 Vat Jade Green FFB UD/ MD ( Vat Green 1 -
UD/MD) ( 50% Dye content ) (C.I. No. 59825) 1% 1% 32041571 Vat Brown
R (Vat Brown 3) (C.I. No. 69015) 1% 1% 3204157201 Vat Brown R (Vat
Brown 3) (C.I. No. 69015) 1% 1% 3204157202 Vat Olive OMW 1% 1% 32041583 Vat
Olive R U/D Vat Black 27 (C.I.No.69005) Dye content 46% 1% 1% 3204158901 Vat
Grey 3B (Vat Black 16) (C.I. No. 59855) 1% 1% 3204158902 Victoria
Blue-B0 (Basic Blue7) C.I. No. 42595 1% 1% 3204161001 Reactive
Golden Yellow MERL/Reactive Yellow 3X (CI No. Yellow 145A) 1% 1% 3204161002 Reactive
Yellow 15 (Reactive Supra Yellow HGRL) ( Dye content 80%) 1% 1% 3204161003
Reactive Yellow 42 1% 1% 3204161004 Reactive Yellow H 4G C.I. Reactive
Yellow-18 1% 1% 3204161005 Reactive Yellow H8GP (Reactive Yellow 85)
(Dye content 80%) Kg 2.2% 5.8 2.2% 5.8 3204161006 Reactive Yellow
HE6G/HE6G (N) Kg. 2.2% 5.8 2.2% 5.8 3204161007 Reactive Yellow M4G
C.I. Reactive Yellow-22 1% 1% 3204161008 Reactive Yellow M4R 1% 1% 3204161009 Reactive
Yellow MBG (Reactive Yellow 86) (Dye content 80%) 1% 1% 3204161010 Reactive
Yellow ME4GL (CI No. Yellow 186) 1% 1% 3204161011 Reactive Yellow SEL
1% 1% 3204161012 Reactive Yellow DSSR 1% 1% A B Tariff Item Description
of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 47 3204162001 Reactive Orange 13 Kg 2.6% 7.1 2.6% 7.1 3204162002 Reactive
Orange 78 (87.3% Dye content) Kg 2.6% 8.5 2.6% 8.5 3204162003 Reactive
Orange HER (Reactive Orange 84) (80% Dye content) (C.I. No. 258200) Kg
2.1% 5.6 2.1% 5.6 3204162004 Reactive Orange-16 Kg 2.2% 3.3 2.2% 3.3 3204162005 Reactive
Red 5B (Reactive Red 35) 1% 1% 3204162006 Reactive Supra Golden Yellow (CI
No. Orange 107) 1% 1% 3204162007 Reactive Supra Golden Yellow HRNL
(CI No. Orange 107) 1% 1% 3204162008 Reactive Supra Tur. Blue H2GP 1% 1% 3204163001 Reactive
Red C2G (Reactive Red 106) 1% 1% 3204163002 Reactive Red EP 8B (Reactive Red-152) Kg
2.1% 4.3 2.1% 4.3 3204163003 Reactive Red HE 7B (Reactive Red 141) Kg
2.1% 4.3 2.1% 4.3 3204163004 Reactive Red HRBL (Reactive Red 198A) (Dye
content 80%) 1% 1% 3204163005 Reactive Red M5 B (Reactive Red 2) 1%
1% 3204163006 Reactive Red M-50 1% 1% 3204163007 Reactive Red M8 B CI
Reactive Red 11 Kg 2.1% 5.6 2.1% 5.6 3204163008 Reactive Red ME4BL/Reactive Red
ME4BL-Crude/Red 3BX (CI No. Red 195A) 1% 1% 3204163009 Reactive Red V5B
1% 1% 3204163010 Reactive Supra Orange H3RL (C.I. No. Reactive Orange 16)(containing
20%Lignine Sulphonate or any other dispersing Agent) 1% 1% 3204163011
Rhodamine B 500% 1% 1% 3204163012 Reactive Red 250 1% 1% 3204163013 Reactive
Red 120 1% 1% A B Tariff Item Description of goods Unit Drawback when
Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 48 3204163014 Reactive Red DS4B 1% 1% 3204164001
Reactive Golden Yellow MR 1% 1% 3204164002 Reactive Magenta MB CI Reactive
Violet-13 1% 1% 3204164003 Reactive Navy Blue HE 4R 1% 1% 3204164004 Reactive
Purple H3R (Reactive Violet 1) 1% 1% 3204164005 Reactive Violet C4R 1%
1% 3204164006 Reactive Yellow -84 Kg 2.6% 3.4 2.6% 3.4 3204165001 Reactive
Blue H5R (Reactive Blue 13) Kg 2.1% 4.3 2.1% 4.3 3204165002 Reactive
Blue HA (Reactive Blue 71) Kg 2.1% 5.7 2.1% 5.7 3204165003 Reactive Blue
HGK 1% 1% 3204165004 Reactive Blue MG (Reactive Blue 140) 1% 1% 3204165005 Reactive
Blue MR (Reactive Blue 4) (C.I. No. 61205) Kg 2.1% 5.5 2.1% 5.5 3204165006
Reactive Blue-28 1% 1% 3204165007 Reactive Brill Violet C2R (Reactive
Violet 5) (C.I. No 18097) 1% 1% 3204165008 Reactive Green HE 4 B (Reactive
Green 27) 1% 1% 3204165009 Reactive Navy Blue HR 1% 1% 3204165010 Reactive
Navy Blue HR (C.I. No. Blue 59) 1% 1% 3204165011 Reactive Navy Blue
ME2GL (CI No. Blue-194A) 1% 1% 3204165012 Reactive Supra Navy Blue HRGBL
(.Reactive Blue 250) (Dye content 80%) 1% 1% 3204165013 Reactive Violet
5 R 1% 1% 3204165014 Signal Red (Pigment Red 4) (C.I. No. 12085) 1%
1% 3204165015 Reactive Blue 222 1% 1% A B Tariff Item Description of
goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 49 3204166001 Reactive Green HE4BD (Reactive Green 19) Kg
2.1% 4.3 2.1% 4.3 3204166002 Reactive Magenta HB (Reactive Violet 46) 1%
1% 32041670 Reactive Orange 12 Kg 2.4% 3.6 2.4% 3.6 3204168001 Reactive
Black BA/TA (Chromazol Black BA/TA) (Dye content Reactive Black 5 - 45%,
Reactive orange 78 - 18%) Kg 2.1% 5.6 2.1% 5.6 3204168002 Reactive Black
BL/GR Kg 2.1% 2.6 2.1% 2.6 3204168003 Reactive Blue GN (Reactive Blue
21) Kg 2.7% 5.4 2.7% 5.4 3204168005 Reactive Brown P 5 BR (Reactive
Brown 9) (C.I. No. 407111) Kg 2.1% 4.3 2.1% 4.3 3204168006 Reactive
Black GR/HFG 1% 1% 3204168007 Reactive Black WNN 1% 1% 3204169001 Reactive
Green 6 B (Reactive Blue 38) 1% 1% 3204169002 Reactive Crimson SEL
Kg 2.4% 6.1 2.4% 6.1 32041711 Pigment Yellow 12 1% 1% 3204171901 Acrylamide
Yellow (C.I No. 21095) (Pigment Yellow 14) 1% 1% 3204171902 Pigment
Permanent Orange R (Pigment Orange 16) (C.I. No. 21160) 1% 1% 3204171903 Pigment
Yellow 1 (C.I. No. 11680) 1% 1% 3204171904 Pigment Yellow 3 (C.I.
No. 11680) 1% 1% 3204171905 Pigment Yellow-13 (CI No. 21100) 1%
1% 3204171906 Pure Lemon Chrome 1% 1% 3204173901 Pigment Fast Yellow
5G (Pigment Yellow 3) (C.I. No. 11710) 1% 1% A B Tariff Item Description
of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 50 3204173902 Pigment Phthalo Cyanine Blue 1450 1%
1% 3204173903 Pigment Phthalo Cyanine Green G.E.X 1% 1% 3204173904 Pigment
Red- 48:2 (C.I. No. 15865:2) 1% 1% 3204173905 Pigment Red- 48:4 (C.I.
No. 15865:4) 1% 1% 3204173906 Pigment Red 57:1 (C.I. No. 15850:1) 1%
1% 3204173907 Pigment Red-49:1 (C.I. No. 15630:1) Kg 2.1% 5.2 2.1%
5.2 3204173908 Pigment SU Blue BL-1 1% 1% 3204173909 Scarlet chrome Kg 2.4%
5.8 2.4% 5.8 3204174001 Pigment Violet 23 (C.I. No. 51319) Kg 2.1%
13 2.1% 13 3204174002 Waxol Blue 6G C.I.61565 1% 1% 32041751 Reactive
Black 45 (C.I. No. 422944) 1% 1% 3204175901 Basic Blue 3G Zinc Salt
(94% Dye content) (CI No.51004) 1% 1% 3204175902 Pigment Yellow 17
(C.I No. 21105) 1% 1% 32041761 Copper Phthalo Cyanine Green 1% 1% 32041780 Aniline
Black (Pigment Black 1) (C.I. No. 50440) 1% 1% 32041911 Naphthol ASBO
(CI NO 37560) (CI Azoic coupling component 4) 1% 1% 32041912 Naphthol
ASBS (CI NO. 37515) (CI Azoic coupling component 17) 1% 1% 32041914 Naphthol
ASTR (CI NO 37525) (CI Azoic coupling component 8) 1% 1% 32041921 Naphthol
ASSW (CI NO 37565) (CI Azoic coupling component 7) Kg 2.4% 14.6 2.4%
14.6 A B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 51 32041923 Naphthol ASCL (CI NO 37531) (CI Azoic coupling
component 34 & 41) 1% 1% 32041924 Naphthol ASED (CI NO 37510) 1%
1% 3204192401 Naphthol ASOL (CI NO 37530) (CI Azoic coupling component
20) 1% 1% 32041925 Naphthol ASPH (CI NO 37558) (CI Azoic coupling
component 14) 1% 1% 32041929 Naphthol ASD (CI NO 37520) (CI Azoic
coupling component 18) 1% 1% 32041931 Fast Bordeaux GP Salt (Cl No. 37135) 1%
1% 32041935 Fast Red TR Base (Cl No. 37005) 1% 1% 32041938 Fast
Scarlet R-Salt (Cl No. 37130) 1% 1% 3204194901 Fast Bordeaux G.P. Base
1% 1% 3204194902 Fast Scarlet RC Base 1% 1% 3204194903 Fast TVX Scarlet
RC 1% 1% 3204194904 Fluorescent dyestuff Hitex ERU Cone Or Throete ERN
Conc. 1% 1% 3204197101 Solvent Yellow 72 (C.I. No. 127450) 1% 1% 3204197102 Solvent
Yellow K-III B (Solvent Yellow 2) (C.I. No. 11020) 1% 1% 3204197103 Waxol
Orange AB (Solvent Yellow 14) (C.I. No. 12055) 1% 1% 3204197104 Waxol
Yellow DM (Solvent Yellow 2) (C.I. No. 11020) 1% 1% 3204197201 Solvent
Orange D-122 1% 1% 3204197202 Solvent Orange K-121 1% 1% 3204197203 Solvent
Red 26 (CI 26120) 1% 1% A B Tariff Item Description of goods Unit Drawback
when Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 52 3204197204 Waxol Red OB, CI 26105 (Solvent
Red-24) 1% 1% 3204197301 Solvent Yellow 16 C.I. No. 12700 1% 1% 3204197302 Waxol
Yellow DE (Solvent Yellow 56) (C.1. No. 11021) 1% 1% 3204197501 Solvent
Blue 2B/ Solvent Blue 36 (C.I.No.61551) 1% 1% 3204197502 Solvent Blue
K-161 (Solvent Blue 35) 1% 1% 3204197503 Solvent Orange 7 C.I. No. 12140 1%
1% 32041976 Waxol Lemon Yellow 4G (Solvent Yellow 33) (C.I. No. 47000) 1%
1% 3204197801 Solvent Black-7 (C.I. No. 50415:1) 1% 1% 3204197802
Solvent Blue K-132 1% 1% 32041981 Supra Red 7BX Kg 2.4% 7.3 2.4% 7.3 32041989 Indigo
Carmine (Food Blue 1) (C.I. No. 73015) (Dye content : 90%) 1% 1% 32042090 Fluorescent
Pigment Magenta (Amino Sulphonamide Matrix content 95%) 1% 1% 3204209001 Fluorescent
Pigment Orange (Amino Sulphonamide Matrix content 95%) 1% 1% 3204209002 Fluorescent
Pigment Pink (Amino Sulphonamide Matrix content 95%) 1% 1% 3204209003 Fluorescent
Pigment Red (Amino Sulphonamide Matrix content 95%) 1% 1% 3204209004 Fluorescent
Pigment Yellow (Amino Sulphonamide Matrix content 95%) 1% 1% A B Tariff
Item Description of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 53 3204209005 Flurescent Pigment Green (Amino Sulphonamide
Matrix content 95%) 1% 1% 3204209006 Optical Brightener (C.I. Flourescent
Brightener 28) (C.I. No. 40622) 1% 1% 3204209007 Optical Brightener
(CI fluorescent Brightner-134) (Assay 75%) (C.I. No. 40619) Kg 2.1% 3.8
2.1% 3.8 3204209008 Optical Brightener C.I. Flourescent Brightener 252 1%
1% 3204209009 Optical Brightener C.I. Flourescent Brightener 253 1%
1% 3204209010 Optical Brightner (C.I. Flourescent Brightener 220) (Assay
80%) Kg 2.1% 3.8 2.1% 3.8 3204000099 Others 1% 1% 3205 Colour lakes;
preparations as specified in Note 3 to this Chapter based on colour lakes 1%
1% 3206 Other colouring matter; preparations as specified in Note
3 to this Chapter, other than those of headings 3203, 3204 or 3205; inorganic products
of a kind used as luminophores, whether or not chemically defined 32060000 Violet
Toner C.I. 42535/ Pigment violet3 1% 1% 32065000 Fluorescent Powder 1%
1% 3206000099 Others 1% 1% A B Tariff Item Description of goods Unit Drawback
when Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 54 3207 Prepared pigments, prepared
opacifiers and prepared colours, vitrifiable enamels and glazes, engobes (slips),
liquid lustres and similar preparations, of a kind used in the ceramic enamelling
or glass industry; glass frit and other glass, in the form of powder,
granules or flakes 1% 1% 3208 Paints and varnishes (including enamels
and lacquers) based on synthetic polymers or chemically modified natural
polymers, dispersed or dissolved in a non-aqueous medium; solutions as
defined in Note 4 to this Chapter 32081010 Polyester wire enamel 1% 1% 3208101001 Synthetic
Enamel Paint (Pigment content 1.5% to 4.5%) 1% 1% 3208101002 Terephthalic
Polyester wire enamel 1% 1% 32089021 Synthetic Enamel White Paint (minimum
28% Titanium Dioxide content) Litre 2.3% 3 2.3% 3 32089049 Wire Enamel
Varnish A-Type 1% 1% 3208904901 Wire Enamel Varnish C-Type 1% 1% 3208904902
Wire Enamel Varnish D-Type 1% 1% 3208000099 Others 1% 1% 3209 Paints
and varnishes (including enamels and lacquers) based on synthetic polymers
or chemically modified natural polymers, dispersed or dissolved in an aqueous
medium 32091010 Acrylic Polymer Emulsion (Thickner) (Solid content 38- 40%) 1%
1% A B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 55 32099020 Poly Vinyl Acetate Emulsion solid content
48% 1% 1% 3209000099 Others 1% 1% 3210 Other paints and varnishes (including
enamels, lacquers and distempers); prepared water pigments of a kind used for
finishing leather 1% 1% 3211 Prepared driers 1% 1% 3212 Pigments (including
metallic powders and flakes) dispersed in non-aqueous media, in liquid
or paste form, of a kind used in the manufacture of paints (including enamels); stamping
foils; dyes and other colouring matter put up in forms or packings for retail sale 32129030 Aluminium
Powder/Aluminium paste 1% 1% 3212000099 Others 1% 1% 3213 Artists,
students or signboard painters colours, modifiying tints, amusement colours
and the like, in tablets, tubes, jars, bottles, pans or in similar forms
or packings 1% 1% 3214 Glaziers putty, grafting putty, resin
cements, caulking compounds and other mastics; painters fillings; non-refractory
surfacing prepartions for facades, indoor walls, floors, ceilings or
the like 1% 1% 3215 Printing ink, writing or drawing ink and other
inks, whether or not concentrated or solid 32151190 Liquid Printing
Inks for Flexographic & Gravure process in Black colour 1% 1% A
B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 56 3215119001 Printing Ink Black containing 25.4% Pigment
and 28.3% Solid Resin 1% 1% 3215199002 Liquid Printing Inks for Flexographic
& Gravure process in various colours 1% 1% 3215199003 Liquid Printing
Inks for Flexographic & Gravure Process in white colour 1% 1% 3215909004 Printing
Ink in various colours other than black with organic pigment content 14+/-2% 1%
1% 3215909005 Compatible Black Toner for Laser Printer/ Photocopier (other
than Bueno Toner) and Xerox 1025 1% 1% 3215909006 Liquid Printing
Ink mediums For Flexographic & Gravure process 1% 1% 3215909007 Printing
Ink Cyan containing 15.6% Pigment and 37.8% Solid Resin 1% 1% 3215909008 Printing
Ink Magenta containing 15.6% Pigment and 39.7% Solid Resin 1% 1% 3215909009 Printing
Ink Yellow containing 12.76% Pigment and 38.7% Solid Resin 1% 1% 3215000099
Others 1% 1% CHAPTER 33 33 ESSENTIAL OILS AND RESINOIDS; PERFUMERY,
COSMETIC OR TOILET PREPARATIONS A B Tariff Item Description of goods
Unit Drawback when Cenvat facility has not been availed Drawback when
Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 57 3301 Essential oils (terpene-less or not),including
concretes and absolutes; resinoids; extracted oleoresins; concentrates of essential
oils in fats,in fixed oils, in waxes or the like, obtained by enfleurage
or maceration; terpenic byproducts of the deterpenation of essential
oils; aqueous distillates and aqueous solutions of essential oils. 1%
1% 3302 Mixtures of odoriferous substances and mixtures (including
alcoholic solutions) with a basis of one or more of these substances, of
a kind used as raw materials in industry; other preparations based on odoriferous
substances, of a kind used for the manufacture of beverages 1% 1% 3303
Perfumes and toilet waters 33030090 Eau De Perfume containing 70% Alcohol
20% Perfumery compounds or 10% each of aromatic chemicals and essential
oils 1 Litre 7% 85 1% 3303000099 Others 1% 1% 3304 Beauty or make-up preparations
and preparations for the care of the skin (other than medicaments), including sunscreen
or suntan preparations; manicure or pedicure preparations 33049910 Beauty
Cream Kg 2.3% 4.9 1% 3304992001 Nail polish (15ml) packed in Glass bottles. 1000
Pcs. 4.6% 130 1% 3304992002 Nail Polish (10 ML) packed in glass bottles 1000
Pcs 4.6% 88 1% A B Tariff Item Description of goods Unit Drawback when
Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 58 3204000099 Others 1% 1% 3305 Preparations
for use on the hair 1% 1% 3306 Preparations for oral or dental hygiene,
including denture fixative pastes and powders; yarn used to clean between
the teeth (dental floss), in individual retail packages 3306102001 Herbal
Neem Toothpaste Kg 3.7% 3.6 1% 3306102002 Tooth Paste Kg 3.7% 3.6 1% 3306000099
Others 1% 1% 3307 Pre-shave, shaving or aftershave preparations, personal deodorants,
bath preparations, depilatories and other perfumery, cosmetic or toilet
preparations, not elsewhere specified or included, prepared room deodorisers,
whether or not perfumed or having disinfectant properties 33071010 Shaving
Cream Kg 3.7% 7.3 1% 33074100 Perfumed Agarbatti/Incence sticks/Dhoop/Loban Kg
11% 35 1% 3307000099 Others 1% 1% CHAPTER 34 34 SOAP, ORGANIC
SURFACE-ACTIVE AGENTS, WASHING PREPARATIONS, LUBRICATING PREPARATIONS, ARTIFICIAL
WAXES, PREPARED WAXES, POLISHING OR SCOURING PREPARATIONS, CANDLES AND SIMILAR ARTICLES,
MODELLING PASTES, DENTAL WAXES AND DENTAL PREPARATIONS WITH A BASIS
OF PLASTER 3401 Soap; organic surface-active products and preparations
for use as soap, in the form of bars, cakes, moulded pieces or shapes,
whether or not containing soap; organic surface-active products and preparations
for washing the skin, in the form of liquid or cream and put up for retail A
B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 59 sale, whether or not containing soap; paper, wadding,
felt and nonwovens, impregnated, coated or covered with soap or detergent 34011110 Ayurvedic
Toilet Soap having 67% TFM content and coconut Fatty acid not less than
50% Kg 5.3% 6.3 1% 3401119001 Perfumed Glycerine soap Kg 5.3% 6.3 1% 3401119002 Toilet
Soap 80% TFM 1% Perfume Kg 5.3% 5.8 1% 3401000099 Others 1% 1% 3402 Organic
surface-active agents (other than soap), surfaceactive preparations, washing preparations
(including auxiliary washing preparations) and cleaning preparations,
whether or not containing soap, other than those of heading 3401 34021190
Sodium Lauryl Sulphate 90% Kg 5.4% 6.4 1% 3402000099 Others 1% 1% 3403 Lubricating
preparations (including cutting-oil preparations, bolt or nut release
preparations, antirust or anti-corrosion preparations and mould release
preparations, based on lubricants) and preparations of a kind used for
the oil or grease treatment of textile materials, leather,fur skins or
other materials, but excluding preparations containing, as basic constituents,
70 % or more by weight of petroleum oils or of oils obtained from bituminous
minerals 34031900 Industrial/Automotive Lubricants Kg 3.5% 5.5 1% A
B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 60 3403000099 Others 1% 1% 3404 Artificial waxes and prepared waxes 3404100001
Chrome Lignite (Lignite Dispersant Additive) 1% 1% 3404100002 Resinated
Lignite (High Temp. fluid loss drilling fluid additive 1% 1% 34049033 Chlorinated
Paraffin Wax (40- 45% Chlorine content) Kg 3.4% 4.5 1% 3404000099 Others
1% 1% 3405 Polishes and creams, for footwear, furniture,floors, coachwork,
glass or metal, scouring pastes and powders and similar preparations (whether
or not in the form of paper, wadding, felt, nonwovens, cellular plastics or
cellular rubber, impregnated, coated or covered with such preparations),
excluding waxes of heading 3404 34051000 Shoe Polish Kg 6.4% 7.6 1% 3405000099
Others 1% 1% 3406 Candles, tapers and the like 1% 1% 3407 Modelling pastes,
including those put up for childrens amusement; preparations known
as dental wax or as dental impression compounds,
put up in sets, in packings for retail sale or in plates, horseshoe shapes, sticks
or similar forms; other preparations for use in dentistry, with a basis
of plaster (of calcined gypsum or calcium sulphate) 1% 1% CHAPTER
35 A B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 61 35 ALBUMINOIDAL SUBSTANCES; MODIFIED STARCHES; GLUES; ENZYMES 3501 Casein,
caseinates and other casein derivatives; casein glues 1% 1% 3502 Albumins
(including concentrates of two or more whey proteins, containing by weight
more than 80% whey proteins, calculated on the dry matter), albuminates
and other albumin derivatives 1% 1% 3503 Gelatin [including gelatin
in rectangular (including square) sheets, whether or not surface-worked
or coloured] and gelatin derivatives; isinglass; other glues of animal
origin, excluding casein glues of heading 3501 35030010 Empty Hard Gelatin
Capsules Kg 6.6% 13.5 1% 35030020 Gelatine 1% 1% 35030099 Others 1% 1% 3504 Peptones
and their derivatives; other protein substances and their derivatives,
not elsewhere specified or included; hide powder, whether or not chromed 1%
1% 3505 Dextrins and other modified starches (for example, pregelatinised
or esterified starches); glues based on starches, or on dextrins or other
modified starches 1% 1% A B Tariff Item Description of goods Unit Drawback
when Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 62 3506 Prepared glues and other prepared
adhesives, not elsewhere specified or included; products suitable for
use as glues or adhesives, put up for retail sale as glues or adhesives, not
exceeding a net weight of 1 kg 3506919001 Polychloroprene Based Adhesives
(Solid content 23% +/- 1%) 1 Litre 6.1% 5.8 1% 3506919002 Vinyl Acetate
Based Adhesives (Solid content 43%+-/-1%) Kg 5.6% 4.5 1% 35069991
Prepared Glue (PVA content 15%) Kg 5.7% 2.7 1% 35069999 Lamination Adhesive
Kg 9.3% 11 1% 3506000099 Others 1% 1% 3507 Enzymes; prepared enzymes
not elsewhere specified or included 1% 1% CHAPTER 36 36 EXPLOSIVES;
PYROTECHNIC PRODUCTS; MATCHES; PYROPHORIC ALLOYS; CERTAIN COMBUSTIBLE PREPARATIONS 3601
Propellant powders 1% 1% 3602 Prepared explosives, other than propellant
powders 1% 1% 3603 Safety fuses; detonating fuses; percussion or detonating
caps; igniters; electric detonators 1% 1% 3604 Fireworks, signalling
flares, rain rockets, fog signals and other pyrotechnic articles 1% 1% A
B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 63 3605 Matches, other than pyrotechnic articles of heading
3604 36050010 Safety Matches 100 Gross boxes of 50 matches each 5.5%
180 1% 36050090 Match Skillets made out of white board 1000 Nos. 5.6%
1 1% 3605000099 Others 1% 1% 3606 Ferro-cerium and other pyrophoric
alloys in all forms; articles of combustible materials as specified in
Note 2 to this Chapter 1% 1% CHAPTER 37 37 PHOTOGRAPHIC
OR CINEMATOGRAPHIC GOODS 3701 Photographic plates and film in the flat,
sensitised, unexposed, of any material other than paper, paperboard or
textiles; instant print-film in the flat, sensitised, unexposed, whether
or not in packs 37011010 Unexposed medical X-ray Film (Polyester Base). Sq.
Mtr. Rs.5.6 Rs.5.6 . 3701000099 Others 1% 1% 3702 Photographic film in
rolls, sensitised, unexposed, Of any material other than paper, paper-board
or Textiles; instant print film in rolls, sensitised, Unexposed 37023190 Unexposed
orthographic art films in jumbo form (with 1 m. and above). Sq. Mtr.
Rs. 2.7 Rs. 2.7 37029590 35 mm magnetic sound recording film. Sq.
Mtr. Rs. 0.9 Rs. 0.9 3702000099 Others 1% 1% A B Tariff Item Description
of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 64 3703 Photographic paper, paperboard and textiles Sensitised,
unexposed 37039010 Unexposed Photographic Paper (B&W) Sq. Mtr.
Rs. 0.9 Rs. 0.9 3703000099 Others 1% 1% 3704 Photographic plates, film, paper,
paper board And textiles, exposed but not developed 3704002001 Exposed
colour cine film excluding instant cine film. 1 Sq. Mt. Rs. 1.5 Rs. 1.5 3704002002 Exposed
black & white cine film excluding instant cine film. 100 Linear Mt. Rs.
8 Rs. 8 3704000099 Others 1% 1% 3705 Photographic plates and film, exposed
and developed, Other than cinematographic film 1% 1% 3706 Cinematographic
film, exposed and developed, Whether or not incorporating sound track Or
consisting only of sound track 1% 1% 3707 Chemical preparations for photographic
uses (other than varnishes, glues, adhesives and similar preparations);
unmixed products for photographic uses, put up in measured portions or
put up for retail sale in a form ready for use 1% 1% CHAPTER
38 38 MISCELLANEOUS CHEMICAL PRODUCTS A B Tariff Item Description of
goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 65 3801 Artificial graphite; colloidal or semi-colloidal
graphite; preparations based on graphite or other carbon in the form
of pastes, blocks, plates or other semimanufactures 1% 1% 3802 Activated
carbon; activated natural mineral products; animal black, including spent animal
black 38029019 Activated Di-Methicone IP Kg 4.1% 2.3 1% 3802000099 Others
1% 1% 3803 Tall oil, whether or not refined 1% 1% 3804 Residual
lyes for the manufacture of wood pulp, whether or not concentrated, desugared
or chemically treated, including lignin sulphonates, but excluding tall oil
of Heading 3803 38040090 Chrome Ligno sulphonate 1% 1% 3804000099 Others
1% 1% 3805 Gum, wood or sulphate turpentine and other terpenic oils
produced by the distillation or other treatment of coniferous woods; crude dipentene;
sulphite turpentine and other crude paracymene; pine oil containing alphaterpineol as
the main constituent 1% 1% 3806 Rosin and resin acids, and derivatives
thereof; rosin spirit and rosin oils; run gums 1% 1% 3807 Wood tar;
wood tar oils; wood creosote; wood naphtha; vegetable pitch; brewers pitch
and similar preparations based on rosin, resin acids or on vegetable pitch 1%
1% A B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 66 3808 Insecticides, rodenticides, fungicides, herbicides,
antisprouting products and plantgrowth regulators, disinfectants and
similar products, put up in forms or packings for retail sale or as preparations
or articles (for example, sulphur-treated bands,wicks and candles,and fly-papers) 3808101201
Aluminium Phosphide (Technical) 1% 1% 3808101202 Aluminum Phosphide minimum 56% Kg
3.1% 7.2 1% 3808102601 Dimethoate 40% EC Litre 5.7% 7.5 1% 3808102602 Dimethoate
Technical 90% Kg 5.3% 11.8 1% 3808102701 Malathion 57% EC Kg 9 % 13.7 1% 3808102702
Malathion Technical (95%) 1% 1% 3808103101 Endosulfan (Technical) Kg 6.3% 13.2
1% 3808103102 Endosulfan 35 % w/w Kg 4.9% 4.6 1% 3808103201 Quinalphos
25% EC formulation Litre. 3.9% 2.8 1% 3808103202 Quinalphos 70% Technical
Kg 3% 6.3 1% 38081034 Fenthion Technical (93% Minimum) Kg 7.2 % 15.3
1% 3808103501 Chlorpyriphos Technical 94% Kg 4.8% 20.2 1% 3808103502 Cypermethrin
10% EC Kg. 6.5% 5.4 1% 3808103503 Cypermethrin Technical 92% Minimum Kg
5.2% 20.2 1% 3808109901 Acephate Technical 97% Kg 7.4 % 45 1% 3808109902 Aldrin
5% Dust containing 50% HHDN contents by weight 1% 1% 3808109903 Carbofuran
granules 5 % Kg 6.4% 3.1 1% 3808109904 Chlordane 80 EC Kg 5.2% 24 1% 3808109905
Chloripyriphos 40.8% EC Kg 5.7% 15.3 1% 3808109906 Fenvalerate 20% EC 1% 1% 3808109907
Fenvalerate Technical 1% 1% 3808109908 Mancozeb 80% WP Kg 7% 10 1% A B Tariff
Item Description of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 67 3808109909 Monocrotophos Tech. 70% Kg 3% 14.4 1% 3808109910
Mosquito Repellent Mats 1% 1% 3808109911 Permethrin Technical (92%) Kg 2.1%
9 1% 3808109912 Phorate 10% Granules Kg 5.5% 3.4 1% 3808109913 Phorate Tech
(90%) 1% 1% 3808109914 Phosphamidon Tech (82%) 1% 1% 3808109915 Turbufos
Technical 85% 1% 1% 3808109916 Ethofumesate 97% Min. Kg 4.7% 30 1% 3808109917
Alpha Cypermethrin Tech. 97% 1% 1% 3808109918 Metamitron Technical (98% Min.) Kg
4.9% 21.6 1% 3808109919 Phenmedipham Technical (97% Minimum) Kg 2.9%
10.3 1% 3808109920 Desmedipham Technical (97% Minimum) Kg 5.4% 19 1% 3808109921
Acephate 75% S.P. Kg 6.2% 36 1% 3808109922 Captan Tech 1% 1% 3808109923
Captafol Tech 1% 1% 38082050 Copper Oxy-chloride 50% WDP Kg 7.5% 10
1% 3808309001 Phenothiazine BP Vet Dispersible Powder Kg 4.3% 19 1% 3808309002
Paraquat 20% (As salt) Kg 5.9% 5.4 1% 3808901001 Sodium Penta Chloro phenate Min.
83% w/w 1% 1% 3808901002 Dichlorvos Tech. Kg 2.5% 5.4 1% 3808901003 Ethion
Technical 92% Minimum Kg 2.1% 4 1% 3808901004 Isoproturon Technical Minimum
97% Kg 2.5% 5.4 1% 3808901005 Methyl Parathion Tech 80% Kg 3.6% 7.2 1% 3808901006
Phosalone Tech 93% Kg 4.6% 10 1% 3808901007 Temephos Tech Kg 3.2% 6.7 1% 3808901008
Trizophos Technical (70%) Kg 5.7% 18 1% 3808901009 Tridemorph Tech Kg 5.4%
13.5 1% 3808000099 Others 1% 1% A B Tariff Item Description of goods
Unit Drawback when Cenvat facility has not been availed Drawback when
Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 68 3809 Finishing agents, dye carriers to accelerate the
dyeing or fixing of dye-stuffs and other products and preparations (for
example, dressings and mordants), of a kind used in the textile, paper,
leather or like industries, not elsewhere specified or included 1% 1% 3810 Pickling
preparations for metal surfaces; fluxes and other auxiliary preparations for
soldering, brazing or welding; soldering, brazing or welding powders and
pastes consisting of metal and other materials; preparations of a kind
used as cores or coatings for welding electrodes or rods 1% 1% 3811 Anti-knock
preparations, oxidation inhibitors, gum inhibitors, viscosity improvers,
anti-corrosive preparations and other prepared additives, for mineral
oils (including gasoline) or for other liquids used for the same purposes
as mineral oils 3811900001 Asphasol/Magcoasphasol Shale Stab/Stabil
Shale (Shale Stabilizer) Kg 2.1% 1.4 1% 3811900002 High temp. fluid loss
reducer drilling fluid additive 1% 1% 3811000099 Others 1% 1% 3812 Prepared
rubber accelerators; compound plasticisers for rubber or plastics, not elsewhere
specified or included; anti-oxidising preparations and other compound
stabilisers for rubber or plastics A B Tariff Item Description of goods
Unit Drawback when Cenvat facility has not been availed Drawback when
Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 69 38122090 Rubber Chemical Accelerator (containing 73%
Dibenzo thiazoledisulfide & 15% Diphenyl guanidine) Kg 6.4% 12.1
1% 38123090 Cross Linking Agent (V-CL 300) (Solid Content + 75%) or (Solid
content - 75%) Kg 7% 9 1% 3812000099 Others 1% 1% 3813 Preparations
and charges for fire-extinguishers; charged fire-extinguishing grenades 1%
1% 3814 Organic composite solvents and thinners, not elsewhere specified
or included; prepared paint or varnish removers 1% 1% 3815 Reaction
initiators, reaction accelerators and catalytic preparations, not elsewhere specified
or included 38151900 Primary Reformer Catalyst (Type C-11-9-02) Kg
2.9% 12.6 1% 3815000099 Others 1% 1% 3816 Refractory cements, mortars, concretes
and similar compositions, other than products of heading 3801 1% 1% 3817 Mixed
alkylbenzenes and mixed alkylnaphthalenes, other than those of Heading 2707
or 2902 38170011 Linear Alkyl Benzene 1% 1% 3817000099 Others 1% 1% 3818 Chemical
elements doped for use in electronics, in the form of discs, wafers or similar forms;
chemical compounds doped for use in electronics 1% 1% 3819 Hydraulic
brake fluids and other prepared liquids for hydraulic transmission, not containing
or containing less than 70% by weight of petroleum oils or oils obtained from
bituminous minerals 1% 1% A B Tariff Item Description of goods Unit Drawback
when Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 70 3820 Anti-freezing preparations and
prepared de-icing fluids 1% 1% 3821 Prepared culture media for development
of microorganisms 1% 1% 3822 Diagnostic or laboratory reagents on
a backing prepared diagnostic or laboratory reagents whether or not on
a backing, other than those of heading 3002 or 3006; certified reference materials 1%
1% 3823 Industrial monocarboxylic fatty acids; acid oils from refining;
industrial fatty alcohols 1% 1% 3824 Prepared binders for foundry moulds
or cores; chemical products and preparations of the chemical or allied industries
(including those consisting of mixtures of natural products), not elsewhere
specified or included 38249022 Zeolite (Sodium Alumina Silicate) Kg
4.9% 1.3 1% 38249024 Water based correction fluid (Minimum 50% Titanium Dioxide
and 10% Acrylic Resin) in Plastic bottle with Brush Kg 4.2% 7.2 1% 38249025
Precipitated Silica Kg 4.8% 2.2 1% 3824900099 Others 1% 1% 3825 Residual
products of the chemical or allied industries, not elsewhere specified or included;
municipal waste; sewage sludge; other wastes specified in Note 6 to this Chapter 38259000
Monogen Gr. Solid content 55% 1% 1% A B Tariff Item Description of goods
Unit Drawback when Cenvat facility has not been availed Drawback when
Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 71 3825000099 Others 1% 1% CHAPTER 39 39 PLASTICS
AND ARTICLES THEREOF I. PRIMARY FORMS 3901 Polymers of ethylene, in primary
forms 39011010 HDPE (High density Polyethylene)/ LLDPE (Linear Low
Density Poly Ethylene) 1% 1% 39011090 Low Density Polyethylene (LDPE) 1%
1% 39013000 Ethylene Vinyl Acetate Copolymer (Grade 2806) 1% 1% 3901000099
Others 1% 1% 3902 Polymers of propylene or of other olefins, in primary forms 39023000
Polypropylene (Co-polymer) Resin 1% 1% 39029000 Polypropylene (Homo Polymer) Resin 1%
1% 3902000099 Others 1% 1% 3903 Polymers of styrene, in primary forms
1% 1% 3904 Polymers of vinyl chloride or of other halogenated olefins, in
primary forms 39042110 PVC Resin 1% 1% 39042290 PVC compound (Shoe sole Grade) 1%
1% 3904000099 Others 1% 1% 3905 Polymers of vinyl acetate or of other
vinyl esters, in primary forms; other vinyl polymers in primary forms 39059990
Vinyl Pyridine Latex with 40% Solid content 1% 1% A B Tariff Item
Description of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 72 3905000099 Others 1% 1% 3906 Acrylic polymers in primary forms
1% 1% 3907 Polyacetals, other polyethers and epoxide resins, in primary forms;
polycarbonates, alkyd resins, polyallylesters and other polyesters, in primary forms 3907609001
Polyester (PET) chips Kg 2.2% 1.5 2.2% 1.5 3907999002 Formulated Polyester
Polyols (with 20% CFC, Spary grade) 1% 1% 3907999003 Poly Isocynate
Solution 50% Resin/Total Solid content in Ethyl Acetate Solvent 1% 1% 3907000099
Others 1% 1% 3908 Polyamides in primary forms 1% 1% 3909 Amino-resins,
phenolic resins and polyurethanes, in primary forms 39092010 Melamine
Formaldehyde Resin (Butylated) 60% Active ingredients 1 % 1% 3909409001
Heat Reactive Liquid phenol Resin (polyphen TD-2640) 1% 1% 3909409002
Phenolic Resin AL-3 1% 1% 3909500001 Polyurethane Resin Solution @60%
Resin/Total solid content in relevant Solvent 1% 1% 3909500002 Polyurethane
Resin Solution containing 66% Resin in relevant Solvent 1% 1% 3909000099
Others 1% 1% 3910 Silicones in primary forms 1% 1% A B Tariff Item Description
of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 73 3911 Petroleum resins, coumaroneindene resins, polyterpenes, polysulphides,
polysulphones and other products specified in Note 3 to this Chapter, not elsewhere
specified or included, in primary forms 1% 1% 3912 Cellulose and its
chemical derivatives, not elsewhere specified or included, in primary
forms 39123100 Sodium Carboxy Methyl Cellulose 1% 1% 3912000099
Others 1% 1% 3913 Natural polymers (for example, alginic acid) and modified
natural polymers (for example, hardened proteins, chemical derivatives of
natural rubber), not elsewhere specified or included, in primary forms 1%
1% 3914 Ionexchangers based on polymers of headings 3901 to 3913,
in primary forms 1% 1% II. WASTE, PARINGS AND SCRAP; SEMIMANUFACTURES; ARTICLES 3915 Waste,
parings and scrap, of plastics 1% 1% 3916 Monafilament of which any cross-sectional
dimension exceeds 1mm, rods, sticks and profile shapes, whether or not surface-worked
but not otherwise worked, of plastics 1% 1% 3917 Tubes, pipes and
hoses, and fittings therefor (for example, joints, elbows, flanges), of plastics . 3917239001
PVC Transparent Hose Kg 8.1% 6.7 1% 3917239002 Rigid PVC Casing Pipes Kg 7.6%
6 1% A B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 74 3917239003 Rigid PVC well casing/screen pipes Kg 8.2%
6.4 1% 3917000099 Others 1% 1% 3918 Floor coverings of plastics, whether
or not self-adhesive, in rolls or in the form of tiles; wall or ceiling
coverings of plastics, as defined in Note 9 to this Chapter 39181010 Vinyl
(PVC) floor Covering with jute Backing 1 sq meter of PVC Sheeting layer having weight
of 1320 gms 9.4% 8.8 1% 3918109001 Vinyl Asbestos Tile Kg 6.3% 3.8 1% 3918109002
Vinyl Flooring Kg 3.6% 2.7 1% 3918909001 Cushioned vinyl Flooring Backed
with Asbestos Paper Kg 7.9% 4.7 1% 3918909002 Polypropylene Mats Kg 10.4%
8.2 1% 3918909003 Mats/Rugs made of LDPE/LLDPE Kg 9.3% 7.6 2.5% 2.0 3918000099
Others 1% 1% 3919 Self-adhesive plates, sheets, film, foil, tape, strip
and other flat shapes, of plastics, whether or not in rolls 39199090
PVC Electrical Insulation Tapes Kg 8% 5.2 1% 3919000099 Others 1% 1% 3920 Other
plates, sheets, film, foil and strip, of plastics, noncellular and not reinforced, laminated,
supported or similarly combined with other materials 39201099 HDPE
Tapes with U.V. Stabilisation 2% by weight Plain/Fabricated Kg 8.9% 7.4
1% A B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 75 3920209001 BOPP film Kg 7.6% 9 1% 3920209002 P.P Tapes
with U.V. Stabilisation 2% by weight Plain/Fabricated. Kg 8.2% 5.5 1% 3920490003 PVC
Rigid Free Foam Board Cellular Film, Foil & Sheets of PVC Rigid Free
Foam Board Kg 9.1% 6.4 1% 3920490004 Rigid PVC Film/ Sheet/ Foil (Vacuum
forming grade) Kg 8.5% 6 1% 39206929 Sun Control Polyester Film Non-Reflective
Single Ply with Liner 10,000 sq.ft. (69.44 kgs) 2.5% 1539 1% 3920693901 Laser
Printer Film (Polyester Based) Thickness 100 Micron 1000 Sq. Mtr.(Wt. 147.86
kgs +/- 5%) 6.5% 1016 1% 3920693902 Polyester film Kg 8.9% 8.8
1% 3920693903 Polyester Film (Biaxially Oriented Polyester Film)/Polyethylene
Terephthalic Film Kg 8.4% 8.4 1 % 39209931 PVC Rigid Film/ Sheet (General
purpose/ Stationary Grade) Kg 7.9% 6.1 1% 39209932 PVC Flexible Sheet/
Film Kg 8% 6.4 1% 3920000099 Others 1% 1% 3921 Other plates, sheets,
film , foil and strip, of plastics 3921909901 Lacquer Coated Aluminium Metallized
Polyester Film in different colours (Yarn Grade) Kg 4.9% 14.2 1% 3921909902 Polyester
Metallized film (Aluminium coated film) Kg 8.6% 8.9 1% 3921000099 Others
1% 1% 3922 Baths, shower-baths, sinks, wash-basins, bidets, lavatory pans,
seats and covers, flushing cisterns and similar sanitary ware, of plastics 1%
1% A B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 76 3923 Articles for the conveyance or packing of goods,
of plastics; stoppers, lids, caps and other closures, of plastics 3923210001 HDPE
Woven bags with LDPE liner fitted with Zips, Velcro Canvas, Snap fasteners. Kg
8.5% 7.8 1% 3923210002 HDPE Woven Fabrics/Sacks with U.V. Stabilisation
( 2% by weight) Kg 8.9% 7.7 1% 3923210003 HDPE Woven sacks Kg 9% 7.8
1% 3923210004 HDPE Woven sacks laminated/ coated with/without Liner Kg
8.5% 7.5 1% 3923299001 Polypropylene plain bags (without liner) Kg
9 % 8.3 1% 3923299002 Polypropylene woven Fabrics/Leno Bags Kg 8.4%
7.5 1% 3923299003 PP Woven Sacks with/without liner or with/without UV Stabilisation
(2% by weight) or with/without coating lamination with kraft paper. Kg
9% 7.6 1% 3923000099 Others 1% 1% 3924 Tableware, kitchenware, other
household articles and hygienic or toilet articles, of plastics 3924101001 Plastic
Body Vaccum Flask in various sizes with silver coated Glass Refill Kg
5.2% 2.8 1% 3924101002 Plastic insulated ware (hot pot) with stainless
steel liners such as 500 ml, 800 ml, 1200 ml, 2000 ml, 2500 ml, 3500 ml, 5000
ml, 7500 ml. Kg 4.2% 5.7 1% 3924101003 Plastic insulated ware (Ice pails)
Kg 6.8% 6.5 1% 3924101004 Plastic insulated ware (Tiffin) with stainless
steel container. Kg 7.7% 11.3 1 % A B Tariff Item Description of goods
Unit Drawback when Cenvat facility has not been availed Drawback when
Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 77 3924101005 Plastic insulated ware (Water Bottles) such
as 500 ml, 600 ml, 2500 ml. Kg 6.4% 6 1% 3924101006 Plastic insulated
ware (Water Jug) such as 4.0 lts, 7.5 lts, 10.0 lts. Kg 6.4% 8 1% 3924000099
Others 1% 1% 3925 Builders ware of plastics, not elsewhere specified
or included 1% 1% 3926 Other articles of plastics and articles
of other materials of headings 3901 to 3914 39262011 Plastic Hand Gloves
made from HDPE/LDPE/EVA Kg 5.3% 6.8 1% 3926909901 Acrylic sheet - Diecast
Kg 9.5% 15.6 1% 3926909902 Acrylic sheet Centrifugal Cast Kg 9.2% 15.5 1% 3926909903
Acrylic sheet Extruded Kg 6.9% 11.5 1% 3926909904 Articles made of ABS Kg 8.1%
7.5 1% 3926909905 Articles made of HDPE Kg 8.7% 7.5 1% 3926909906 Articles
made of HDPE/PP Twine/ Rope Kg 8.3% 6.8 1% 3926909907 Articles made
of LDPE/ LLDPE Kg 8.9% 7.5 1% 3926909908 Articles made of Nylon 6 Kg
8.9% 10.5 1% 3926909909 Articles made of Nylon 66 Kg 9.0% 10.6 1% 3926909910
Articles made of Polycarbonate Kg 9.7% 15.4 1% 3926909911 Articles made of
Polypropylene Kg 8.2% 6.4 1% 3926909912 Articles made of Polystyrene/Expanded Polystyrene Kg
8.9% 8 1% A B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 78 3926909913 Articles such as Junction boxes with lids,
switch and socket boxes, saddle clips, bends, circular boxes, courlers,
adaptor boxes, lids, bushes, shrouds, looping boxes, clips, trunkings, ovals,
conduits, covers, connectors, pipes, pattress, bush adaptors. Kg 7.9%
5.2 1% 3926909915 Double Blood Bag with Tubing 1% 1% 3926909916 Flexible
PVC Articles Kg 5.7% 3.8 1% 3926909917 Furniture Canes made of HDPE Kg 7.3%
6.2 1% 3926909918 General Purpose Polystyrene Kg 8.9% 8 1% 3926909919 HDPE
Woven fabrics Kg 9% 8 1% 3926909920 HDPE Woven fabrics laminated/ coated Kg
9.6% 8.4 1% 3926909921 Pheno-therm (Phenolic Foam in Bun form) 1 Cubic
Metre (Density 40.0 Kg per cubic metre) For other density = Above requirement
x Actual Density/ 40 1 Cubic Metre (Density 40.0 Kg per cubic metre)
For other density = Above requiremen t x Actual Density/ 40 8.9%
328 1% 3926909922 Polyethylene Foam Kg 7.8% 4.9 1% 3926909923 PP woven
fabrics laminated/ coated Kg 8.9% 6.8 1% 3926909924 PP/HDPE Tarpauline
Kg 8.4% 7.2 1% 3926909925 PP/HDPE Tarpauline coated wth LDPE Kg 8.8%
7.2 1% 3926909926 PVC Soles Kg 7.8% 6.1 1% A B Tariff Item Description
of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 79 3926909927 Rigid PVC Conduit Fittings such as junction
boxex, Couplers, saddles with base, famale Adaptors, Switch bosex,Adaptable
boxes, extension rings, reducers, elbows tees, loop in boxes, Bends etc. Kg
7.6% 5.9 1 % 3926909929 Tooth Brushes Kg 6.7% 6 1% 3926909930 Twine/Rope
made of HDPE/PP Kg 6.8% 6.7 1% 3926909931 Yarn/ Tape (Plain/ Twisted) of HDPE/PP Kg
7.9% 6.7 1% 3926909932 Other Articles made of Acrylic Kg Rs. 4.1 Rs. 0.7 3926909933 Articles
made of Cellulose Acetate Kg Rs. 2.4 Rs. 0.7 3926909934 Articles made
of Phenol Formaldehyde, Kg Rs. 10.2 Rs. 1.7 3926909935 Articles made
of urea formaldehyde Kg Rs. 6.9 Rs. 1.1 3926909936 Other articles of
Rigid PVC Kg Rs. 6.1 Rs. 0.8 3926909937 Articles made of cellulose nitrate
sheets. Kg Rs. 13.6 Rs. 2.2 3926909938 Articles made of cellulose Acetate
Butyrate. Kg Rs. 11.9 Rs. 1.9 3926909939 Articles made of Polyacetal. Kg
Rs. 9.3 Rs. 1.5 3926000099 Others 1% 1% CHAPTER 40 40 RUBBER AND
ARTICLES THEREOF A B Tariff Item Description of goods Unit Drawback when
Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 80 4001 Natural rubber, balata, guttapercha, guayule,
chicle and similar natural gums, in primary forms or in plates, sheets
or strip 1% 1% 4002 Synthetic rubber and factice derived form oils,
in primary forms or in plates, sheets or strip; mixtures of any product of
heading 4001 with any product of this heading, in primary forms or in plates, sheets
or strip 4002700001 EPDM Flocked Rubber Profile Kg 5.3% 11.2 1% 4002700002
EPDM Solid Rubber Profile Kg 3.8% 8.5 1% 4002700003 EPDM Solid to Sponge
Rubber Profile with steel strip Kg 4.1% 8.5 1% 4002700004 EPDM Sponge
Solid Rubber Profile Kg 4.6% 9.4 1% 4002700005 EPDM Rubber Grade H-539/ IM
7100 Kg 2.5% 5 1% 4002000099 Others 1% 1% 4003 Reclaimed rubber in
primary forms or in plates, sheets or strip 1% 1% 4004 Waste, parings
and scrap of rubber (other than hard rubber) and powders And granules
obtained therefrom 1% 1% 4005 Compounded rubber, unvulcanised, in
primary forms or in plates, sheets or strip 40059190 Precured Tread
Rubber/Rubber Strips/Lugs Strips Kg 4.9% 4.6 1% 4005000099 Others 1%
1% A B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 81 4006 Other forms (for example, rods, tubes and profile
shapes) and articles (for example, discs and rings), of unvulcanised
rubber 1% 1% 4007 Vulcanised rubber thread and cord 40070090 Heat
Resistant Latex Rubber Thread Kg 9.1% 18 4.5% 9 4007000099 Others 1%
1% 4008 Plates, sheets, strip, rods and profile shapes, of vulcanised rubber
other than hard rubber 400870090 Heat Resistant Rubber Tension tape. Kg 9.1% 18 4.5% 9 4008000099 Others 1%
1% 4009 Tubes, pipes and hoses, of vulcanised rubber other than hard
rubber, with or without their fittings (for example, joints, elbows, flanges) 40094100 Rubber
Hose of different dimensions having net content of rubber not less than
0.49 MT Kg 7.9% 6.3 1% 40090099 Others 1% 1% 4010 Conveyor or transmission belts
or belting of vulcanised rubber 1% 1% 4011 New pneumatic tyres, of rubber A
B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 82 40111010 Tubeless all Steel Radial tyres Kg 3.4% 3.6 1% 40111090 Automobile
Tubeless Tyre reinforced with Nylon Tyre Cord Warp Sheet or Rayon Tyre Cord
Warp Sheet. Kg 6.4% 6.7 2.5% 2.6 4011990001 Automobile Tyres reinforced with
Nylon tyre-cord Warpsheet or rayon tyre cord warpsheet Kg 6.8% 7.2 2.8%
3 4011990002 Bicycle/cycle-rickshaw Tyres Kg 5.5% 4 2.4% 1.7 4011990003
Nylon bicycle tyres Kg 5.7% 6 2.1% 2.2 4011000099 Others 1% 1% 4012 Retreaded
or used pneumatic tyres of rubber, solid or cushion tyres, tyre Treads and tyre
flaps, of rubber 1% 1% 4013 Inner tubes, of rubber 40132000 Bicycle tubes
Kg 2.9% 4.9 1% 40139090 Butyl tubes, other than cycle tubes Kg (excluding the
weight of valve) 7.3% 10.3 3.1% 4.4 40130099 Others 1% 1% 4014 Hygenic
or pharmaceutical articles (including teats), of vulcanised rubber other
than hard rubber, with or without fittings of hard rubber 40141010 Rubber
Condoms 1 Gross 2.5% 2.3 1% 40149010 Rubber Hot water bottle Kg 2.5% 4.5 1% 40140099
Others 1% 1% 4015 Articles of apparel and clothing accessories (including gloves,
mittens and mitts) for all purposes, of vulcanised rubber other than Hard rubber 1%
1% 4016 Other articles of vulcanised rubber other than hard rubber 4016939001
EPDM Door Seal Kg 4.4% 9.6 1% A B Tariff Item Description of goods Unit Drawback
when Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 83 4016999002 General Purpose Metal
Fitted/ Metal Bonded / Metal Unbonded Rubber Parts (Moulded / Extruded)
including Engine Mounting and Automotive parts Kg 3.5% 5.8 1% 4016999003 General
Purpose Relevant Natural Rubber/ Synthetic Rubber based Rubber compounded
sheets/ Rings/ Gaskets Kg 7 % 7.2 1% 4016999004 Rubber Hawai Chappal
Kg 4.9% 5.8 1% 4016999005 Rubber Moulded goods in EPDM of different size
and shape Kg 5.7% 12.8 1% 4016999006 Rubber Polished brakes Kg 3.2% 7.2
1% 4016000099 Others 1% 1% 4017 Hard rubber (for example, ebonite)
in all forms, including waste and scrap; articles of hard rubber 1% 1% CHAPTER
41 RAW HIDES AND SKINS (OTHER THAN FURSKINS) AND LEATHER 4101 Raw
hides and skins of bovine (including buffalo)or equine animals (fresh or
salted, dried, limed, pickled or otherwise preserved, but not tanned,
parchment-dressed or further prepared), whether or not dehaired or split Nil
Nil 4102 Raw skins of sheep or lambs (fresh, or salted, dried, limed, pickled
or otherwise preserved, but not tanned, parchment-dressed or further prepared),
whether or not with wool on or split. Nil Nil A B Tariff Item Description
of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 84 4103 Other raw hides and skins (fresh, or salted, dried,
limed, pickled or otherwise preserved, but not tanned, parchment-dressed
or further prepared), whether or not dehaired or split. Nil Nil 4104 Tanned
or crust hides and skins of bovine (including buffalo) or equine animals, without
hair on, whether or not split, but not further prepared Nil Nil 4105 Tanned
or crust skins of sheep or lambs, without wool whether or not split, but
not further prepared Nil Nil 4106 Tanned or crust hides and skins
of other animals, without wool or hair on, whether or not split but not further
prepared Nil Nil 4107 Leather further prepared after tanning or crusting, including
parchment-dressed leather, of bovine(including buffalo) or equine animals, without
hair on, whether or not split, other than leather of heading 4114 410701 Finished
leather of cow/ buffalo/calf per sq.ft. 5.5% 5.8 1% 410702 Lining
leather of cow/buffalo/calf per sq.ft. 5.5% 3.0 1% 410799 Others 1% 1% 4112 Leather
further prepared after tanning or crusting, including parchment-dressed leather,
of sheep or lamb, without wool on, whether or not split, other than leather
of heading 4114 411201 Finished leather of sheep/lamb per sq.ft.
5.5% 5.8 1% 411202 Lining leather of sheep/lamb per sq.ft. 5.5% 3.0 1% A
B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 85 4113 Leather further prepared after tanning or crusting, including
parchment-dressed leather, of other animals, without wool or hair on, whether
or not split, other than leather of heading 4114 411301 Finished leather
of goat/kid per sq. ft. 5.5% 5.8 1% 411302 Lining leather of goat/kid
per sq. ft. 5.5% 3 1% 411399 Others 1% 1% 4114 Chamois (including combination
chamois) leather; patent leather and patent laminated leather ; metallised leather per
sq. ft. 5.5% 5.8 1% 4115 Composition leather with a basis of leather
or leather fiber, in slabs, sheets or strip, whether or not in rolls; parings
and other waste of leather or of composition leather, not suitable for the manufacture
of leather articles; leather dust, powder and flour Nil Nil Nil Nil CHAPTER
42 ARTICLES OF LEATHER; SADDLERY AND HARNESS, TRAVEL GOODS, HANDBAGS
AND SIMILAR CONTAINERS; ARTICLES OF ANIMAL GUT (OTHER THAN SILKWORM GUT) 4201 Saddlery
and harness for any animal (including traces, leads, knee pads, muzzles, saddle
cloths, saddle bags, dog coats and the like), of any material 420101
Harness made of leather Per piece 8.2% 91 1% 420102 Saddles made of leather
Per piece 8.2% 228 1% 420103 Harness and Saddlery, made of non-leather
including textiles or synthetic materials Per piece 7.8% 82 1% 420104 Parts/Components
of Harness and Saddlery, made of leather or non-leather including Textiles
or Synthetic materials Per piece 7.8% 82 1% A B Tariff Item Description
of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 86 4202 Trunks, suit-cases, vanitycases, executive-cases,
briefcases, school satchels, spectacle cases, binocular cases, camera
cases, musical instrument cases, gun cases, holsters and similar containers;
travelling-bags, insulated food or beverages bags, toilet bags, rucksacks, handbags,
shopping-bags, wallets, purses, map-cases, cigarette-cases, tobaccopouches, tool
bags, sports bags, bottle- cases, jewellery boxes, powder-boxes, cutlery cases
and similar containers, of leather or of composition leather, of sheeting
of plastics, of textile materials, of vulcanized fiber or of paperboard, or
wholly or mainly covered with such materials or with paper 420201 Trunks,
suit-cases, vanity-cases, executive-cases, brief-cases, school satchels,
travelling bags /luggages and similar containers, with outer surface of leather,
of composition leather or of patent leather Per piece 7.9% 263 1% 420202 Trunks,
suit-cases, vanity-cases, executive-cases, brief-cases, school satchels,
travelling bags /luggages and similar containers, with outer surface of plastic
or of textile materials Per piece 7.9% 263 1% 420203 Trunks, suit-cases,
vanity-cases, executive-cases, brief-cases, school satchels, travelling
bags /luggages and similar containers not covered by tariff items 420201
and 420202 Per piece 5.4% 158 1% 420204 Hand-bags, whether or not with shoulder
strap, including those without handle, with outer surface of leather, of composition
leather or of Per piece 7.9% 132 1% A B Tariff Item Description of goods
Unit Drawback when Cenvat facility has not been availed Drawback when
Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 87 patent leather 420205 Hand-bags, whether or not with shoulder
strap, including those without handle, with outer surface of plastic sheeting
or of textile materials including hand bags and shopping bags of cotton Per
piece 6.8% 88 1% 420206 Hand-bags, whether or not with shoulder strap,
including those without handle, not covered by tariff items 420204 and 420205 Per
piece 5.4% 75 1% 420207 Articles of a kind normally carried in the pocket
or in the handbag, with outer surface of leather, of composition leather or
of patent leather Per piece 7.9% 43 1% 420208 Articles of a kind normally carried
in the pocket or in the handbag, with outer surface of plastic sheeting
or of textile materials Per piece 6.8% 31 1% 420209 Articles of a
kind normally carried in the pocket or in the handbag, not covered by tariff items
420207 and 420208 Per piece 5.4% 25 1% 420210 Other articles, with outer surface
of leather, of composition leather or of patent leather Per piece 5.4%
25 1% 420211 Other articles, with outer surface of plastic sheeting or
of textile materials Per piece 5.4% 25 1% 420212 Other articles, not
covered by tariff items 420210 and 420211 Per piece 5.4% 25 1% 4203 Articles
of apparel and clothing accessories, of leather or of composition leather 420301 Articles
of apparel, made of leather Per piece 8.6% 500 1% A B Tariff Item
Description of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 88 420302 Articles of apparel, made of leather in combination
with other materials Per piece 4% 213 1% 420303 Gloves, specially
designed for use in sports namely Golf Gloves made of leather Per piece
9.3% 18 3.6% 7.7 420304 Gloves, specially designed for use in sports
namely Golf Gloves made of synthetic materials or made of leather in combination
with synthetic materials Per piece 10% 14.4 5.5% 8 420305 Gloves for
use in industry including cut resistant gloves, heat resistant gloves, garden gloves,
work gloves, welding gloves, water resistant gloves and driving gloves,
made of leather with or without cotton/synthetic material per pair 8.5%
18 1% 420306 Other gloves made of leather Per pair 7% 28 1% 420307 Belts
and bandoliers made of leather Per piece 5.3% 20 1% Other clothing accessories: 420308
Aprons made of leather Per piece 7% 150 1% 4203099 Others Per piece 7% 52 1% 4204
Omitted 4205 Other articles of leather or of composition leather 420501
Leather sofa cover Per sq. ft 8.2% 15 1% 420502 Other upholstery including automobile
upholstery Per sq. ft 8.2% 15 1% 42050301 Leather woven mesh /mats /panels/carpets
in rolls or sheets 3% 1% 42050302 Leather woven belts/braids /strips/laces
in rolls or cut pieces 3% 1% 42050303 Dog Chew 2.2% 1% 42050304 Other
articles of leather/ composition leather 2.1% 1% 42050305 Other articles
made of leather in combination with other materials 2.1% 1% A B Tariff
Item Description of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 89 4206 Articles of gut (other than silk-worm gut), of goldbeaters
skin, of bladders or of tendons 1% 1% CHAPTER 43 FURSKINS AND
ARTIFICAL FUR;MANUFACTURES THEREOF 4301 Raw fur skins (including heads,
tails, paws and other pieces or cuttings, suitable for furriers use),
other than raw hides and skins of headings 4101, 4102 or 4103 Nil Nil 4302 Tanned
or dressed fur skins (including heads, tails, paws and other pieces or cuttings), unassembled,
or assembled (without the addition of other materials) other than those
of heading 4303 Nil Nil 4303 Articles of apparel, clothing accessories
and other articles of fur skin Nil Nil 430301 Articles of apparel,
made of leather and lining of fur skin/artificial fur Per Piece 8.6%
500 1% 4304 Artificial fur and articles thereof Nil Nil CHAPTER
44 WOOD AND ARTICLES OF WOOD; WOOD CHARCOAL 4401 Fuel wood, in
logs, in billets, in twigs, in faggots or in similar forms; wood in chips or
particles; sawdust and wood waste and scrap, whether or not agglomerated in
logs, briquettes, pellets or similar forms Nil Nil 4402 Wood charcoal
(including shell or nut charcoal), whether or not agglomerated Nil Nil A
B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 90 4403 Wood in the rough, whether or not stripped
of bark or sapwood, or roughly squared Nil Nil 4404 Hoopwood; split
poles; piles, pickets and stakes of wood, pointed but not sawn lengthwise;
wooden sticks, roughly trimmed but not turned, bent or otherwise worked, suitable
for the manufacture of walking sticks, umbrellas, tool handles or the
like; chipwood and the like Nil Nil 4405 Wood wool; wood flour Nil Nil 4406 Railway
or tramway sleepers (crossties) of wood Nil Nil 4407 Wood sawn or
chipped lengthwise, sliced or peeled, whether or not planed, sanded or
endjointed, of a thickness exceeding 6 mm Nil Nil 4408 Sheets for
veneering (including those obtained by slicing laminated wood), for plywood or
for similar laminated wood and other wood, sawn lengthwise, sliced or peeled, whether
or not planed, sanded, spliced or end-jointed, of a thickness not exceeding
6 mm 1% 1% 4409 Wood (including strips and friezes for parquet flooring,
not assembled) continuously shaped (tongued, grooved, rebated, chamfered,
v-jointed, beaded, moulded, rounded or the like) along any of its edges
or faces, whether or not planed, sanded or end-jointed Nil Nil A B Tariff
Item Description of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 91 4410 Particle board, oriented strand board (OSB) and
similar board (for example wafer board) of wood or other ligneous materials,
whether or not agglomerated with resins or other organic binding substances 1%
1% 4411 Fibreboard of wood or other ligneous materials, whether or not
bonded with resins or other organic substances 44119900 Both side Prelaminated
particle/ MDF Board of relevant Thickness 100 Sq.Mtrs. 4.7% 320 1% 4411000099
Others 1% 1% 4412 Plywood, veneered panels and similar laminated wood 4412999001 Plywood
other than commercial Plywood Cu. Mtr 4.2% 415 1% 4412999002 Commercial
Plywood Cu. Mtr 4.2% 415 1% 4412999003 Veneer Cu. Mtr 2.2% 200 1% 4412990099
Others 1% 1% 4413 Densified wood, in blocks, plates, strips or profile
shapes 1% 1% 4414 Wooden frames for paintings, photographs, mirrors or similar
objects 2.5% 2.5% 4415 Packing cases, boxes, crates, drums and similar
packings, of wood; cable-drums of wood; pallets, Box pallets and other
load boards, of wood; pallet collars of wood 1% 1% 4416 Casks, barrels,
vats, tubs and other coopers products and parts thereof, of wood, including
staves 1% 1% 4417 Tools, tool bodies, tool handles, broom or brush bodies
and handles, of wood; boot or shoe lasts and trees, of wood 1% 1% A
B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 92 4418 Builders joinery and carpentry of wood,
including cellular wood panels, assembled flooring panels, Shingles and
shakes 1% 1% 4419 Tableware and kitchenware, of wood 2.5% 2.5% 4420 Wood
marquetry and inlaid wood; caskets and cases for jewellery or cutlery, and similar
articles, of wood; statuettes and other ornaments, of wood; wooden articles
of furniture not falling in chapter 94 2.5% 2.5% 4421 Other articles
of wood 442101 Handicraft/Artware of wood 2.5% 2.5% 442199 Others 1% 1% CHAPTER
45 45 CORK AND ARTICLES OF CORK Nil Nil CHAPTER 46 46 MANUFACTURES
OF STRAW, OF ESPARTO OR OF OTHER PLAITING MATERIALS; BASKETWARE AND WICKERWORK. Nil
Nil CHAPTER 47 47 PULP OF WOOD OR OF OTHER FIBROUS CELLULOSIC
MATERIAL; RECOVERED (WASTE AND SCRAP) PAPER OR PAPERBOARD Nil Nil CHAPTER
48 A B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 93 PAPER AND PAPERBOARD; ARTICLES OF PAPER PULP, OF PAPER OR
OF PAPERBOARD 4801 Newsprint, in rolls or sheets Nil Nil 4802 Uncoated
paper and paperboard, of a kind used for writing, printing or other graphic
purposes, and non perforated punch card and punch tape paper , in rolls
or rectangular (including square)sheets of any size, other than paper
of heading 4801 or 4803; hand-made paper and paperboard 48026120 M.G.
Poster Paper/ M.G. Tissue Paper 1% 1% 48026130 Manila Board/ Colour
Printing Paper/NP Printing Paper 1% 1% 48026210 Paper such as Cyclostyled Paper,
Typing Paper, Xerox Paper, Copier Paper, Ruled/ Unruled Paper, Plain Paper, Drawing
Sheets with one side not exceeding 435 mm and the other side not exceeding
297 mm in the unfolded state Kg 3.7% 1.8 1% 48020099 Others 1% 1% 4803 Toilet
or facial tissue stock, towel or napkin stock and similar paper of a kind
used for household or sanitary purposes, cellulose wadding and webs of
cellulose fibres, whether or not creped, crinkled, embossed, perforated,
surface-coloured, surface-decorated or printed, in rolls or sheets 48030010
Ply Tissue paper Rolls Kg 7.2% 4.5 1% 48030020 Tissue Interleaved Facial
of different ply 1% 1% 48030090 Tissue Wet cleansing of different pack
sizes 1% 1% A B Tariff Item Description of goods Unit Drawback when
Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 94 48030099 Others 1% 1% 4804 UNCOATED
CRAFT PAPER AND PAPERBOARD, IN ROOLS OR SHEETS, OTHER THAN THAT OF HEADING
4802 OR 4803 48041100 Kraft Paper/ Deluxe Kraft Paper/ Unbleached Paper 1%
1% 48040099 Others 1% 1% 4805 Other uncoated paper and paperboard,
in rolls or sheets, not further worked or processed than as specified in Note
3 to this Chapter 1% 1% 4806 Vegetable parchment, greaseproof papers,
tracing papers and glassine and other glazed transparent or translucent
papers, in rolls or sheets 1% 1% 4807 Composite paper and paperboard
(made by sticking flat layers of paper or paperboard together with an
adhesive), not surfacecoated or impregnated, whether or not internally reinforced,
in rolls or sheets 1% 1% 4808 Paper and paperboard, corrugated (with
or without glued flat surface sheets), creped, crinkled, embossed or
perforated, in rolls or sheets, other than paper of the kind described in heading
4803 1% 1% 4809 Carbon paper, self-copy paper and other copying or transfer
papers (including coated or impregnated paper for duplicator stencils or offset
plates), whether or not printed, in rolls or sheets 1% 1% A B Tariff
Item Description of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 95 4810 Paper and paperboard, coated on one or both sides with
kaolin (China clay) or other inorganic substances, with or without a binder,
and with no other coating, whether or not surface coloured, surface-decorated or
printed, in rolls or rectangular (including square) sheets, of any size 1%
1% 4811 Paper, paperboard, cellulose wadding and webs of cellulose fibres,
coated, impregnated, covered, surfacecoloured, surface-decorated or printed, in
rolls or rectangular (including square) sheets, of any size, other than
goods of the kind described in heading 4803, 4809 or 4810 1% 1% 4812 Filter
blocks, slabs and plates, of paper pulp 1% 1% 4813 Cigarette paper,
whether or not cut to size or in the form of booklets or tubes 1% 1% 4814 Wallpaper
and similar wall coverings; window transparencies of paper 1% 1% 4815
Deleted 4816 Carbon-paper, self-copy paper and other copying or transfer
papers (other than those of heading 4809), duplicator stencils and offset plates,
of paper, whether or not put up in boxes 1% 1% 4817 Envelopes, letter
cards, plain postcards and correspondence cards, of paper or paperboard;
boxes, pouches, wallets and writing compendiums, of paper or paperboard,
containing an assortment of paper stationery A B Tariff Item Description
of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 96 4817100001 Postal/ Non-Postal Stationeries such as
various type and size of Plain/Printed Envelopes, Window/Airmail Envelopes/ Canvas
Coated Products not elsewhere specified Kg 4.7% 4 1% 4817100002 Envelopes,
letter cards, plain post cards and correspondence cards made of : Pulp
Board/Grey Board Kg 7.9% 2 1% 4817100003 Envelopes, letter cards, plain post
cards and correspondence cards made of : Art Board Kg 7.9% 5.5 1% 4817000099
Others 1% 1% 4818 Toilet paper and similar paper, cellulose wadding or webs
of cellulose fibres, of a kind used for household or sanitary purposes,
in rolls of a width not exceeding 36 cm, or cut to size or shape; handkerchiefs,
cleansing tissues, towels, table cloths, serviettes, napkins for babies,
tampons, bed sheets and similar household, sanitary or hospital articles, articles
of apparel and clothing accessories, of paper pulp, paper, cellulose wadding
or webs of cellulose fibres 48180001 Paper Serviettes 100 pkts of 50
tissues each 3% 22 1% 48180099 Others 1% 1% 4819 Cartons, boxes,
cases, bags and other packing containers, of paper, paperboard, cellulose
wadding or webs of cellulose fibres; box files, letter trays, and similar articles,
of paper or paperboard of a kind used in offices, shops or the like A
B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 97 48191001 Boxes/Cartons made out of paper board /Corrugated
card board /Laminated Board /Kraft paper/printed or un printed Laminated,
Coated or Uncoated, Varnished or Un varnished Kg. 3.6% 2.7 1% 48191002
Folding Box Board 1% 1% 48191099 Others 1% 1% 4820 Registers, account
books, note books, order books, receipt books, letter pads, memorandum
pads, diaries and similar articles, excise books, blotting-pads, binders (loose-leaf
or other), folders, file covers, manifold business forms, interleaved carbon
sets and other articles of stationery, of paper or paperboard; albums
for samples or for collections and book covers, of paper or paperboard 4820200001 Ruled/
Un-ruled/ Printed with Soft/ Hard Cover with or without PVC/ BOPP jacket/ Laminated
Stationery items like Exercise Book/ Diary/ Notebook/ Register/ Writing Pad/
Drawing Book Kg 6.8% 4 1% 4820200002 Registers, accounts books, note books,
order books, receipt books, letter pads, memorandum pads, diaries, exercise
books, made of : Printing & Writing Paper. Kg 7.7% 5.2 1% 4820200003 Registers,
accounts books, note books, order books, receipt books, letter pads, memorandum
pads, diaries, exercise books, made of : Cream Wove Paper. Kg 7.9% 4.8
1% A B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 98 4820200004 Registers, accounts books, note books, order
books, receipt books, letter pads, memorandum pads, diaries, exercise
books, made of : Maplitho Paper. Kg 8.2% 5 1% 4820200005 Registers,
accounts books, note books, order books, receipt books, letter pads, memorandum
pads, diaries, exercise books, made of : M.G. Tissue Paper. Kg 8.2% 4
1% 4820200006 Registers, accounts books, note books, order books, receipt books,
letter pads, memorandum pads, diaries, exercise books, made of : Art Paper/Board. Kg
7.9% 5.7 1% 4820200007 Registers, accounts books, note books, order books,
receipt books, letter pads, memorandum pads, diaries, exercise books,
made of : Grey Board/Pulp Board. Kg 7.9% 2.7 1% 4820200008 Registers,
accounts books, note books, order books, receipt books, letter pads, memorandum
pads, diaries, exercise books, made of : Straw Board/Mill Board. Kg 7.9%
2.7 1% 4820200009 File folders/file folders with zips and clips (GSM
to be specified) Kg. 3.4% 2 1% 4820200099 Others 1% 1% 4821 Paper
or paperboard labels of all kinds, whether or not printed 48211010 Paper
Tags 1% 1% 4821000099 Others 1% 1% 4822 Bobbins, spools, cops and similar
supports of paper pulp, paper or paperboard (whether or not perforated or hardened) 1%
1% A B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 99 4823 Other paper, paperboard, cellulose wadding and
webs of cellulose fibres, cut to size or shape; other articles of paper pulp,
paper, paperboard, cellulose wadding or webs of cellulose fibres 48237010 Moulded
Paper Pulp Egg Trays 1% 1% 48239015 Paper Cones made of relevant paper
board Kg 5% 2.2 1% 4823901801 Metallized Paper (26 GSM to 120 GSM) Kg 3.9% 4.5
1% 4823901802 Double Side Decorative Laminates with Barrier Paper 1
Sq.Mtr x 10.00 mm thickness of 14.5 kg +/- 2.5% 5.5% 49.5 1% 4823901803 Industrial
Laminates (Paper based electrical) Kg 2.8% 4.3 1% 4823901804 Industrial
Laminates (paper based mechanical) Kg 2.5% 4 1% 4823901805 Single
Side Decorative Laminates with barrier paper 1 sq meter x 1 mm Thickness
of wt. 1.45 Kg +/-2.5% 8.2% 7 1% 4823901806 Decorative handicraft
articles made of papier mache 4.3% 1% 4823000099 Others 1% 1% CHAPTER
49 PRINTED BOOKS, NEWSPAPERS, PICTURES AND OTHER PRODUCTS OF THE PRINTING INDUSTRY;
MANUSCRIPTS, TYPESCRIPTS AND PLANS 4901 Printed books, brochures, leaflets
and similar printed matter, whether or not in single sheets A B Tariff
Item Description of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 100 4901990001 Single/ Multi Colour Printed Books with/
without Soft/ Hard, PVC/ BOPP Laminated Jacket Cover Kg 4.8% 3.6 1% 4901990002 Books
all sorts, other than those made of newsprint and excluding educational
books made out of duty paid writing /printing paper. Kg 7.9% 5.4 1% 4901000099
Others 1% 1% 4902 Newspapers, journals and periodicals, whether or not illustrated
or containing advertising material 49029020 Periodicals/ Magazines other than
those made of newsprint. Kg 7.9% 4.5 1% 4902000099 Others 1% 1% 4903 Children's
picture, drawing or colouring books 1% 1% 4904 Music, printed or in manuscript,
whether or not bound or illustrated 1% 1% 4905 Maps and hydrographic
or similar charts of all kinds, including atlases, wall maps, topographical
plans and globes, printed 4905999001 Maps and hydrographic or similar
charts of all kinds including atlases, wall maps, printed topographical
plans made of :Printing & Writing Paper Kg 7.9% 5.6 1% 4905999002 Maps
and hydrographic or similar charts of all kinds including atlases, wall
maps, printed topographical plans made of : Cream Wove Paper Kg 7.9%
4.9 1% A B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 101 4905999003 Maps and hydrographic or similar charts
of all kinds including atlases, wall maps, printed topographical plans made
of : Maplitho Paper Kg 7.9% 5.2 1% 4905999004 Maps and hydrographic
or similar charts of all kinds including atlases, wall maps, printed
topographical plans made of : M.G. Tissue Paper Kg 7.9% 4.5 1% 4905999005 Maps
and hydrographic or similar charts of all kinds including atlases, wall
maps, printed topographical plans made of : Art Paper/Board Kg 7.9% 5.8
1% 4905999006 Maps and hydrographic or similar charts of all kinds including
atlases, wall maps, printed topographical plans made of : Grey Board/Pulp Board Kg
7.9% 2.7 1% 4905999007 Maps and hydrographic or similar charts of all
kinds including atlases, wall maps, printed topographical plans made
of : Straw Board/Mill Board Kg 7.9% 2.5 1% 4905999008 Printed postcard
and / or greeting cards made from art paper/art board. Kg 7.9% 5.8 1% 4905900099
Others 1% 1% 4906 Plans and drawings for architectural, engineering, industrial,
commercial, topographical or similar purposes, being originals drawn
by hand; hand-written texts; photographic reproductions on sensitised paper
and carbon copies of the foregoing 1% 1% A B Tariff Item Description
of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 102 4907 Unused postage, revenue or similar stamps of
current or new issue in the country in which they have, or will have, a
recognized face value; stamp-impressed paper; bank-notes; cheque forms; stock,
share or bond certificates and similar documents of title 1% 1% 4908
Transfers (decalcomanias) 1% 1% 4909 Printed or illustrated postcards;
printed cards bearing personal greetings, messages or announcements, whether
or not illustrated, with or without envelopes or trimmings 1% 1% 4910 Calendars
of any kind, printed, including calendar blocks 1% 1% 4911 Other
printed matter, including printed pictures and photographs 1% 1% CHAPTER
50 Silk 5001 Silk-worm cocoons suitable for reeling 1% 1% 5002
Raw silk (not thrown) 1% 1% 5003 Silk waste (including cocoons unsuitable
for reeling, yarn waste and garnetted stock) 1% 1% 5004 Silk yarn
(other than yarn spun from silk waste) not put up for retail sale Kg
11.7% 148 8.5% 107 5005 Yarn spun from silk waste, not put up for retail
sale Kg 11.7% 30 8.5% 21.8 5006 Silk yarn and yarn spun from silk
waste, put up for retail sale; silk-worm gut 500601 Silk yarn (other
than yarn spun from silk waste) Kg 11.7% 148 8.5% 107 A B Tariff Item
Description of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 103 500602 Others Kg 11.7% 30 8.5% 21.8 5007 Woven fabrics
of silk or of silk waste 500701 Silk Fabrics containing 85% or more
by weight of silk or of silk waste other than noil silk Kg 11% 330 5.9%
177.0 500702 Fabrics of noil silk Kg 11% 71 5.9% 38.5 500703 Others Kg 11%
44 5.9% 23.5 CHAPTER 51 Wool, Fine or Coarse Animal hair, Horsehair
Yarn and Woven Fabrics 5101 Wool, not carded or combed 1% 1% 5102 Fine
or coarse animal hair, not carded or combed 1% 1% 5103 Waste of wool
or of fine or coarse animal hair, including yarn waste but excluding garnetted
stock 1% 1% 5104 Garnetted stock of wool or of fine or coarse animal
hair 1% 1% 5105 Wool and fine or coarse animal hair, carded or combed
(including combed wool in fragments) 510501 Wool tops Kg 4.4% 19 3.8% 16 510502
Others 1% 1% 5106 Yarn of carded wool, not put up for retail sale 510601 Containing
85% or more by weight of wool, grey - weaving quality Kg 4.8% 26 3.9%
20.7 510602 Containing 85% or more by weight of wool, dyed - weaving quality Kg
5.7% 30 4.3% 22.7 510603 Containing 85% or more by weight of wool, grey
-Hosiery/ knitting quality. Kg 4.8% 16.2 3.9% 13.1 A B Tariff Item
Description of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 104 510604 Containing 85% or more by weight of wool, dyed
-Hosiery/ knitting quality. Kg 5.7% 19 4.3% 14.3 510605 Woollen-MMF
blended yarn, grey ( MMF content less than 50% by weight) Kg 6.5% 19.9
3.9% 11.9 510606 Woollen-MMF blended yarn, dyed ( MMF content less than 50%
by weight) Kg 7.2% 20.6 4.3% 12.3 510607 Others (Grey) Kg 4.8% 9.6 3.9%
7.8 510608 Others (Dyed) Kg 5.7% 12.7 4.3% 9.5 5107 Yarn of combed wool,
not put up for retail sale 510701 Containing 85% or more by weight
of wool, grey - weaving quality Kg 4.8% 26 3.9% 20.7 510702 Containing
85% or more by weight of wool, dyed - weaving quality Kg 5.7% 30 4.3%
22.7 510703 Containing 85% or more by weight of wool, grey -Hosiery/ knitting
quality. Kg 4.8% 16.2 3.9% 13.1 510704 Containing 85% or more by weight
of wool, dyed -Hosiery/ knitting quality. Kg 5.7% 19 4.3% 14.3 510705 Woollen-MMF
blended yarn, grey ( MMF content less than 50% by weight) Kg 6.5% 19.9
3.9% 11.9 510706 Woollen-MMF blended yarn, dyed ( MMF content less than 50%
by weight) Kg 7.2% 20.6 4.3% 12.3 510707 Others (Grey) Kg 4.8% 9.6 3.9%
7.8 510708 Others (Dyed) Kg 5.7% 12.7 4.3% 9.5 5108 Yarn of fine animal
hair (carded or combed), not put up for retail sale 510801 Grey Kg 4.8%
26 3.9% 20.7 510802 Dyed Kg 5.7% 30 4.3% 22.7 A B Tariff Item Description
of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 105 5109 Yarn of wool or fine animal hair, put up for
retail sale 510901 Grey Kg 4.8% 26 3.9% 20.7 510902 Dyed Kg 5.7% 30 4.3%
22.7 5110 Yarn of coarse animal hair or of horse-hair (including gimped
horsehair yarn), whether or not put up for retail sale 511001 Grey Kg
4.8% 9.6 3.9% 7.8 511002 Dyed Kg 5.7% 12.7 4.3% 9.5 5111 Woven fabrics
of carded wool or of carded fine animal hair 511101 Containing 85% or
more by weight of wool or of fine animal hair, grey. Kg 5.1% 60 2.6%
30.3 511102 Containing 85% or more by weight of wool or of fine animal
hair, dyed. Kg 6.0% 65 3.2% 34.5 511103 Others (Grey) Kg 5.7% 33.3 2.6%
15.2 511104 Others (Dyed) Kg 6.5% 42 3.2% 20 5112 Woven fabrics of combed wool
or of combed fine animal hair 511201 Containing 85% or more by weight
of wool or of fine animal hair, grey. Kg 5.1% 60 2.6% 30.3 511202 Containing
85% or more by weight of wool or of fine animal hair, dyed. Kg 6.0% 65
3.2% 34.5 511203 Others (Grey) Kg 5.7% 33.3 2.6% 15.2 511204 Others (Dyed)
Kg 6.5% 42 3.2% 20 5113 Woven fabrics of coarse animal hair or of horse
hair 511301 Grey Kg 4.6% 22.1 2.6% 12.5 511302 Dyed Kg 5.3% 26.2 3.2% 15.8 CHAPTER
52 52 Cotton A B Tariff Item Description of goods Unit Drawback
when Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 106 5201 Cotton, not carded or combed Nil
Nil 5202 Cotton waste (including yarn waste and garnetted stock) 1% 1% 5203
Cotton, carded or combed 1% 1% 5204 Cotton sewing thread, whether or
not put up for retail sale KG 2.9% 8.8 1% 5205 Cotton yarn (other
than sewing thread), containing 85% or more by weight of cotton, not
put up for retail sale 520501 Grey Nil Nil 520502 Dyed Nil Nil 5206 Cotton
yarn (other than sewing thread), containing less than 85% by weight of cotton,
not put up for retail sale 520601 Grey Nil Nil 520602 Dyed Nil Nil 5207 Cotton
yarn (other than sewing thread) put up for retail sale 520701 Grey Nil
Nil 520702 Dyed Nil Nil 5208 Woven fabrics of cotton, containing 85%
or more by weight of cotton, weighing not more than 200 g/m2 520801 Grey
KG 3.7% 12 1% 520802 Dyed KG 4.2% 14 1% 520803 Lungis KG 4.2% 14 1% 520804
Real Madras Handkerchiefs KG 4.2% 14 1% 5209 Woven fabrics of cotton, containing
85% or more by weight of cotton, weighing more than 200 g/m2 520901 Grey
KG 3.7% 12 1% 520902 Dyed KG 4.2% 14 1% 520903 Lungis KG 4.2% 14 1% A
B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 107 520904 Real Madras Handkerchiefs KG 4.2% 14 1% 520905
Denim fabrics KG 4.3% 16.2 1% 520906 Denim fabrics containing 1% or more
by weight of spandex/ lycra/elastane KG 4.6% 17.4 1% 5210 Woven fabrics
of cotton, containing less than 85% by weight of cotton, mixed mainly
or solely with manmade fibres, weighing not more than 200 g/m2 521001
Grey KG 4.2% 15 1% 521002 Dyed KG 4.7% 18.5 1% 5211 Woven fabrics of
cotton, containing less than 85% by weight of cotton, mixed mainly or
solely with manmade fibres, weighing more than 200 g/m2 521101 Grey KG
4.2% 15 1% 521102 Dyed KG 4.7% 18.5 1% 5212 Other woven fabrics of cotton 521201
Grey KG 3.7% 12 1% 521202 Dyed KG 4.2% 14 1% CHAPTER 53 53 Other
Vegetable Textile Fibres; Paper yarn and Woven Fabrics of Paper yarn 5301 Flax,
raw or processed but not spun; flax tow and waste (including yarn waste
and garnetted stock) 1% 1% 5302 True hemp (Cannabis sativa L),
raw or processed but not spun; tow and waste of true hemp (including yarn
waste and garnetted stock) 1% 1% A B Tariff Item Description of goods
Unit Drawback when Cenvat facility has not been availed Drawback when
Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 108 5303 Jute and other textile bast fibres (excluding
flax, true hemp and ramie), raw or processed but not spun; tow and waste
of these fibres (including yarn waste and garnetted stock) 1% 1% 5304
Omitted 5305 Coconut, abaca (Manila hemp or Musa textilis Nee), ramie
and other vegetable textile fibres, not elsewhere specified or included,
raw or processed but not spun; tow, noils and waste of these fibres (including
yarn waste and garnetted stock) 1% 1% 5306 Flax yarn 530601 Grey KG
7.6% 17.7 4.3% 10 530602 Dyed KG 8.5% 22 4.7% 12.2 5307 Yarn of jute
or of other textile bast fibres of heading 5303 2.3% 1% 5308 Yarn
of other vegetable textile fibres; paper yarn 1% 1% 5309 Woven fabrics
of flax 530901 Grey KG 6.4% 31.5 2.5% 12.3 530902 Dyed KG 7.4% 36.6 3% 14.8 5310 Woven
fabrics of jute or of other textile base fibres of heading 5303 1% 1% 5311 Woven
fabrics of other vegetable textile fibres; woven fabrics of paper yarn 1
% 1% CHAPTER 54 54 Man-made filaments 5401 Sewing thread
of man-made filaments, whether or not put up for retail sale KG 9.6%
18.2 2.2% 4.2 A B Tariff Item Description of goods Unit Drawback when
Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 109 5402 Synthetic filament yarn (other
than sewing thread), not put up for retail sale, including synthetic monofilament
of less than 67 decitex 540201 Polyester texturised/twisted yarn(Grey),
manufactured from the Terminal Excise Duty paid filament yarn procured from
outside, by a manufacturer who does not have the facilities in his factory (including
plant and equipment) for the manufacture of filament yarns of Chapter
54. KG 9.6% 13 1.4% 2.0 540202 Polyester texturised/twisted yarn(Dyed)
manufactured from the Terminal Excise Duty paid filament yarn procured from outside,
by a manufacturer who does not have the facilities in his factory (including
plant and equipment) for the manufacture of filament yarns of Chapter
54 KG 10.8% 16 1.8% 2.7 540203 Others (Grey) KG 1.4% 2 1.4% 2 540204
Others (Dyed) KG 1.8% 2.7 1.8% 2.7 5403 Artificial filament yarn (other
than sewing thread), not put for retail sale, including artificial mono filament
of less than 67 decitex 540301 Grey KG 1% 2 1% 2 540302 Dyed KG 1.2%
2.4 1.2% 2.4 5404 Synthetic monofilament of 67 decitex or more and of
which no cross-sectional dimension exceeds 1 mm; strip and the like (for
example, artificial straw) of synthetic textile materials of an apparent width
not exceeding 5 mm A B Tariff Item Description of goods Unit Drawback
when Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 110 540401 Grey KG 1.4% 2 1.4% 2 540402
Dyed KG 1.8% 2.7 1.8% 2.7 5405 Artificial monofilament of 67 decitex
or more and of which no cross-sectional dimension exceeds 1 mm; strip and
the like (for example, artificial straw) of artificial textile materials
of an apparent width not exceeding 5 mm 540501 Grey KG 1% 2 1% 2 540502
Dyed KG 1.2% 2.4 1.2% 2.4 5406 Man-made filament yarn (other than sewing
thread), put up for retail sale 540601 Grey KG 1% 2 1% 2 540602 Dyed
KG 1.2% 2.4 1.2% 2.4 5407 Woven fabrics of synthetic filament yarn, including woven
fabrics obtained from materials of heading 5404 540701 Woven fabrics
containing 85% or more by weight of Synthetic Filament Yarn(Grey) KG
7.2% 20 1.3% 3.6 540702 Woven fabrics containing 85% or more by weight
of Synthetic Filament Yarn (Dyed) KG 8 % 23 1.5% 4.3 540703 Woven
fabrics containing 85% or more by weight of Manmade Filament Yarn and Manmade Staple
Fibre (Grey) KG 7.7 % 22 1.3 % 3.7 540704 Woven fabrics containing 85% or
more by weight of Manmade Filament Yarn and Manmade Staple Fibre (Dyed) KG
8.6% 26 1.5% 4.5 540705 Woven fabrics containing less than 85% by weight
of Manmade Filament Yarn and/or Man-made Staple Fibre (Grey) KG 6.6%
21 1.3% 4.1 540706 Woven fabrics containing less than 85% by weight of
Manmade Filament Yarn and/or KG 7.5% 25 1.5% 5 A B Tariff Item Description
of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 111 Man-made Staple Fibre (Dyed)) 5408 Woven fabrics
of artificial filament yarn, including woven fabrics obtained from materials
of heading 5405 540801 Woven fabrics containing 85% or more by weight
of artificial filament yarn (Grey) KG 7.6% 21 1.3% 3.6 540802 Woven
fabrics containing 85% or more by weight of artificial filament yarn(Dyed) KG
8.5% 25 1.5% 4.4 540803 Woven fabrics containing 85% or more by weight
of manmade filament yarn and manmade staple fibre (Grey) KG 7.7% 22 1.3%
3.7 540804 Woven fabrics containing 85% or more by weight of manmade filament
yarn and manmade staple fibre (Dyed) KG 8.6% 26 1.5% 4.5 540805 Woven
fabrics containing less than 85% by weight of manmade filament yarn and
/ or man-made staple fibre (Grey) KG 6.6% 21 1.3% 4.1 540806 Woven
fabrics containing less than 85% by weight of manmade filament yarn and
/ or man-made staple fibre (Dyed) KG 7.5% 25 1.5% 5.0 CHAPTER
55 55 Man Made Staple Fibres 5501 Synthetic filament tow KG 2.2% 1.3
2.2% 1.3 5502 Artificial filament tow KG 1% 1.1 1% 1.1 5503 Synthetic
staple fibres, not carded, combed or otherwise processed for spinning KG
2.2% 2 2.2% 2 5504 Artificial staple fibres, not carded, combed or otherwise processed
for spinning KG 1% 1.3 1% 1.3 A B Tariff Item Description of goods Unit Drawback
when Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 112 5505 Waste (including noils,
yarn waste and garnetted stock) of man-made fibres KG 9.3% 4.8 2% 1 5506 Synthetic
staple fibres, carded, combed or otherwise processed for spinning KG
2.2% 2 2.2% 2 5507 Artificial staple fibres, carded, combed or otherwise processed
for spinning KG 1% 1.3 1% 1.3 5508 Sewing thread of man-made staple
fibres, whether or not put up for retail sale KG 9.4% 19.4 1.4% 2.9 5509 Yarn
(other than sewing thread) of synthetic staple fibres, not put up for retail sale 550901 Yarn
containing 85% or more by weight of MMF (Grey) KG 9.4% 18 1.4% 2.7 550902 Yarn
containing 85% or more by weight of MMF (Dyed) KG 10.3% 21 1.8% 3.7 550903 Other
yarn, mixed mainly or solely with cotton (Grey) KG 7.1% 10 1.8% 2.5 550904 Other
yarn, mixed mainly or solely with cotton (Dyed) KG 7.6% 12.8 2.3% 2.9 550905 Other
yarn, mixed mainly or solely with Wool or fine animal hair (Grey) KG
7.9% 15.8 2.9% 5.8 550906 Other yarn, mixed mainly or solely with Wool
or fine animal hair (Dyed) KG 8.1% 17.9 3.1% 6.9 550907 Other (Grey)
KG 7.1% 9 1.8% 2.3 550908 Other( Dyed) KG 7.3% 10.4 2.1% 3.0 5510 Yarn
(other than sewing thread) of artificial staple fibres, not put up for retail sale 551001 Yarn
containing 85% or more by weight of MMF (Grey) KG 10.2% 17 1.1% 1.8 551002 Yarn
containing 85% or more by weight of MMF (Dyed) KG 10.9% 20 1.4% 2.6 A
B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 113 551003 Other yarn, mixed mainly or solely with cotton
(Grey) KG 7.7% 11 1.3% 1.9 551004 Other yarn, mixed mainly or solely
with cotton (Dyed) KG 8% 13.5 1.6% 2.7 551005 Other yarn, mixed mainly
or solely with Wool or fine animal hair (Grey) KG 8.6% 17.2 2% 4 551006 Other
yarn, mixed mainly or solely with Wool or fine animal hair (Dyed) KG
8.9% 19.7 2.2% 4.9 551007 Other (Grey) KG 7.7% 10 1.3% 1.7 551008 Other(
Dyed) KG 8% 11.4 1.5% 2.1 5511 Yarn (other than sewing thread) of man-made
staple fibres, put up for retail sale 551101 Yarn containing 85% or more by
weight of MMF (Grey) KG 9.4% 18 1.4% 2.7 551102 Yarn containing 85% or
more by weight of MMF (Dyed) KG 10.3% 21 1.8% 3.7 551103 Other yarn,
mixed mainly or solely with cotton (Grey) KG 7.1% 10 1.8% 2.5 551104 Other
yarn, mixed mainly or solely with cotton (Dyed) KG 7.6% 12.8 2.3% 2.9 551105 Other
yarn, mixed mainly or solely with Wool or fine animal hair (Grey) KG
7.9% 15.8 2.9% 5.8 551106 Other yarn, mixed mainly or solely with Wool
or fine animal hair (Dyed) KG 8.1% 17.9 3.1% 6.9 551107 Other (Grey)
KG 7.1% 9 1.8% 2.3 551108 Other( Dyed) KG 7.3% 10.4 2.1% 3.0 5512 Woven
fabrics of synthetic staple fibres, containing 85% or more by weight of synthetic
staple fibres 551201 Grey KG 8% 23 1.1% 3.2 551202 Dyed KG 8.8% 26 1.3%
3.8 A B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 114 5513 Woven fabrics of synthetic staple fibres, containing
less than 85% by weight of such fibres, mixed mainly or solely with cotton,
of a weight not exceeding 170g/m2 551301 Grey KG 6.7% 21 1.1% 3.4 551302
Dyed KG 7.5% 23 1.3% 4 5514 Woven fabrics of synthetic staple fibres,
containing less than 85% by weight of such fibres, mixed mainly or solely with
cotton, of a weight exceeding 170 g/m2 551401 Grey KG 6.7% 21 1.1% 3.4 551402
Dyed KG 7.5% 23 1.3% 4 5515 Other woven fabrics of synthetic staple fibres 551501 Containing
85% or more by weight of Man-made Staple Fibre and/ or Man-made Filament
Yarn (Grey) KG 8% 23 1.1% 3.2 551502 Containing 85% or more by weight
of Man-made Staple Fibre and /or Man-made Filament Yarn (Dyed) KG 8.8%
26 1.3% 3.8 551503 Containing less than 85% by weight of Man-made Staple Fibre
and / or Man-made Filament Yarn (Grey) KG 6.5% 21 1.1% 3.6 551504 Containing
less than 85% by weight of Man-made Staple Fibre and / or Man-made Filament
Yarn (Dyed) KG 7.4% 22.4 1.3% 3.9 5516 Woven fabrics of artificial staple
fibres 551601 Containing 85% or more by weight of Man-made Staple Fibre
and / or Man-made Filament Yarn (Grey) KG 8% 23 1.1% 3.2 551602 Containing
85% or more by weight of Man-made Staple Fibre and / or Man-made Filament
Yarn (Dyed) KG 8.8% 26 1.3% 3.8 A B Tariff Item Description of goods
Unit Drawback when Cenvat facility has not been availed Drawback when
Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 115 551603 Containing less than 85% by weight of Man-made
Staple Fibre and / or Man-made Filament Yarn (Grey) KG 6.5% 21 1.1% 3.6 551604 Containing
less than 85% by weight of Man-made Staple Fibre and / or Man-made Filament
Yarn (Dyed) KG 7.4% 22.4 1.3% 3.9 CHAPTER 56 Wadding, Felt and
Non-Woven; special yarns; twine, cardage, ropes and cables and Articles thereof 5601 Wadding
of textile materials and articles thereof; textile fibres, not exceeding
5 mm in length (flock), textile dust and mill neps 560101 Of Wool KG
4.8% 9 3.1% 5.8 560102 Of MMF KG 7.4% 11.7 1% 560103 Of Cotton and others
KG 3.5% 7.3 1% 5602 Felt, whether or not impregnated, coated, covered or
laminated 560201 Of Wool KG 4.8% 9 3.1% 5.8 560202 Of MMF KG 7.4% 11.7 1% 560203
Of Cotton and others KG 3.5% 7.3 1% 5603 Nonwovens, whether or not impregnated,
coated, covered or laminated 560301 Of Wool KG 4.8% 9 3.1% 5.8 560302
Of MMF KG 7.4% 11.7 1% 560303 Of Cotton and others KG 3.5% 7.3 1% 5604 Rubber
thread and cord, textile covered; textile yarn, and strip and the like of heading
54 04 or 54 05, impregnated, coated, covered or sheathed with rubber or plastics KG
8% 12.7 2.4% 3.8 A B Tariff Item Description of goods Unit Drawback when
Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 116 5605 Metallised yarn, whether
or not gimped, being textile yarn, or strip or the like of heading 5404
or 5405, combined with metal in the form of thread, strip or powder or
covered with metal 560501 Imitation Zari KG 2.7% 13.6 2.7% 13.6 560502
Others 1% 1% 5606 Gimped yarn, and strip and the like of heading 5404
or 5405, gimped (other than those of heading 5605 and gimped horsehair
yarn); chenille yarn (including flock chenille yarn); loop waleyarn 560601
Of Wool KG 4.8% 9 3.1% 5.8 560602 Of MMF KG 7.4% 11.7 1% 560603 Of Cotton
and others KG 3.5% 7.3 1% 5607 Twine, cordage, ropes and cables, whether
or not plaited or braided and whether or not impregnated, coated, covered
or sheathed with rubber or plastics 560701 Polyamide tyre cord twine KG
11.4% 36 4.1% 12.9 560702 Others of plastic materials KG 9.9% 13.5 2.4% 3.2 560703
Others of MMF KG 8.4% 13.5 2.4% 3.8 560704 Others KG 3.5% 7.3 1% 5608 Knotted
netting of twine, cordage or rope; made up fishing nets and other made up
nets, of textile materials of man-made textile materials: 560801 Polyamide
tyre cord twine KG 11.4% 36 4.1% 12.9 560802 Others of plastic materials KG
9.9% 13.5 2.4% 3.2 560803 Others of MMF KG 8.4% 13.5 2.4% 3.8 560804 Fishing
nets KG 12% 60 2.6% 13 A B Tariff Item Description of goods Unit Drawback
when Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 117 560805 Others KG 3.5% 7.3 1% 5609 Articles
of yarn, strip or the like of heading 5404 or 54 05, twine, cordage, rope
or cables, not elsewhere specified or included KG 3.5% 7.3 1% CHAPTER
57 57 Carpets and Other Textile Floor Coverings 5701 Carpets and
other textile floor coverings, knotted, whether or not made up 570101
Of Wool or fine animal hair Sqm 9.2% 362 3% 118 570102 Of Silk Sqm 14.5% 2573
8% 1419 570103 Of man made fibres Sqm 8.9% 267 2.9% 87 570199 Others 2.5%
1% 5702 Carpets and other textile floor coverings, woven, not tufted
or flocked, whether or not made up, including "Kelem", "Schumacks", "Karamanie"
and similar hand-woven rugs 570201 Of wool or fine animal hair Sqm 10% 300
3% 90 570202 Of silk Sqm 14.5% 982 8% 542 570203 Of man made fibres Sqm
9.1% 171 2.5% 47 570204 Of Cotton KG 8.9 % 29 3.7% 12 570205 Of Jute 3.5%
1% 570206 Of Coir 3.5% 1% 570299 Others 2.5% 1% 5703 Carpets and other
textile floor coverings, tufted, whether or not made up 570301 Tufted
woollen floor coverings, all sorts Sqm 10.4% 297 3% 86 570302 Of man
made fibres Sqm 10.3% 205 2.5% 50 570399 Others 2.5% 1% 5704 Carpets
and other textile floor coverings, of felt, not tufted or flocked, whether
or not made up A B Tariff Item Description of goods Unit Drawback
when Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 118 570401 Of wool Sqm 8.8% 183 2.6%
54 570402 Of man made fibres Sqm 8.8% 183 2.6% 54 570499 Others 2.5% 1% 5705 Other
carpets and other textile floor coverings, whether or not made up 570501 Cotton
Durries/Cotton Rugs (including Chindi Durries/ Cotton Chenille Durries/Rag Rug
Durries/ Printed Durries/ Druggets/ Mats and Mattings including Bath Mats,
where cotton predominates by weight KG 8.9 % 29 3.7% 12 570502 Woolen
Durries/Woolen Rugs (including Chindi Durries/ Woolen Chenille Durries/Rag Rug
Durries/ Printed Durries/ Druggets/ Mats and Mattings including Bath Mats,
where Wool predominates by weight KG 8.9 % 29 3.7% 12 570503 Other 2.5%
1% CHAPTER 58 58 Special Woven Fabrics; Tufted Textile Fabrics;
Lace; Tapestries; Trimmings; Embroidery 5801 Woven pile fabrics and chenille
fabrics, other than fabrics of heading 5802 or 5806 580101 Of Wool KG
4.8% 19.5 3.1% 12.6 580102 Of Man Made Fibres KG 7.4% 24 1% 580103 Of Cotton
and others KG 3.5% 10 1% 5802 Terry towelling and similar woven terry
fabrics, other than narrow fabrics of heading 5806; tufted textile fabrics,
other than products of heading 5703 KG 4.8% 25.2 1% 5803 Gauze, other
than narrow fabrics of heading 5806 KG 4.8% 11.4 1% A B Tariff Item
Description of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 119 5804 Tulles and other net fabrics, not including woven,
knitted or crocheted fabrics; lace in the piece, in strips or in motifs,
other than fabrics of heading 6002 to 6006 KG 4.8% 11.4 1% 5805 Hand-woven
tapestries of the type gobelins, flanders, aubusson, beauvais and the like,
and needle-worked tapestries (for example, petit point , cross-stitch ), whether
or not made up. KG 4.8% 11.4 1% 5806 Narrow woven fabrics other than
goods of heading 5807; narrow fabrics consisting of warp without weft assembled by
means of an adhesive (bolducs) 580601 Of Man Made Fibres KG 7.4% 17.4 1% 580602
Of Cotton and others KG 3.6% 8.7 1% 5807 Labels, badges and similar articles
of textile materials, in the piece, in strips or cut to shape or size, not embroidered KG
4.8% 11.4 1% 5808 Braids in the piece; ornamental trimmings in the piece,
without embroidery, other than knitted or crocheted; tassels, pompons and
similar articles KG 4.8% 11.4 1% 5809 Woven fabrics of metal thread
and woven fabrics of metallised yarn of heading 56 05, of a kind used in apparel,
as furnishing fabrics or for similar purposes, not elsewhere specified or included 580901
Imitation Zari KG 2.7% 13.6 2.7% 13.6 580902 Others 1% 1% 5810 Embroidery
in the piece, in strips or in motifs A B Tariff Item Description of goods
Unit Drawback when Cenvat facility has not been availed Drawback when
Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 120 581001 Of Silk Per Kg. of Silk content 11% 330
5.9% 177 581099 Others KG 4.8% 25.2 1% 5811 Quilted textile products
in the piece, composed of one or more layers of textile materials assembled
with padding by stitching or otherwise, other than embroidery of heading
5810 KG 4.8% 11.4 1% CHAPTER 59 59 Impregnated, Coated, Covered
or Laminated Textile Fabrics; Textile Articles of a kind suitable for Industrial
use 5901 Textile fabrics coated with gum or amylaceous substances,
of a kind used for the outer covers of books or the like; tracing cloth; prepared
painting canvas; buckram and similar stiffened textile fabrics of a kind
used for hat foundations 590101 Of Man Made Fibres KG 8.1% 12.7 2.3% 3.6 590102
Of Cotton and others KG 3.8% 8.1 1% 5902 Tyre cord fabric of high tenacity
yarn of nylon or other polyamides, polyesters or viscose rayon KG 10.8%
35 2.3% 7.4 5903 Textile fabrics, impregnated, coated, covered or laminated with
plastics, other than those of heading 5902 590301 Of Man Made Fibres KG
8.1% 12.7 2.3% 3.6 590302 Of Cotton and others KG 3.8% 8.1 1% 5904 Linoleum,
whether or not cut to shape; floor coverings consisting of a coating or covering
applied on a textile backing, whether or not cut to shape A B Tariff
Item Description of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 121 590401 Of Man Made Fibres KG 8.1% 12.7 2.3% 3.6 590402
Of Cotton and others KG 3.8% 8.1 1% 5905 Textile wall coverings 590501 Of
Man Made Fibres KG 8.1% 12.7 2.3% 3.6 590502 Of Cotton and others KG 3.8% 8.1
1% 5906 Rubberised textile fabrics, other than those of heading 5902 590601
Of Man Made Fibres KG 8.1% 12.7 2.3% 3.6 590602 Of Cotton and others KG 3.8%
8.1 1% 5907 Textile fabrics otherwise impregnated, coated or covered;
painted canvas being theatrical scenery, studio back-cloths or the like 590701
Of Man Made Fibres KG 8.1% 12.7 2.3% 3.6 590702 Of Cotton and others KG 3.8%
8.1 1% 5908 Textile wicks, woven, plaited or knitted, for lamps, stoves, lighters,
candles or the like; incandescent gas mantles and tubular knitted gas mantle fabric
therefor, whether or not impregnated 590801 Of Man Made Fibres Kg 8.1% 12.7
2.3% 3.6 590802 Of Cotton and others Kg 3.8% 8.1 1% 5909 Textile hose
piping and similar textile tubing, with or without lining, armour or accessories
of other materials 590901 Of Man Made Fibres Kg. 8.1% 12.7 2.3% 3.6 590902
Of Cotton and others Kg. 3.8% 8.1 1% 5910 Transmission or conveyor belts
or belting, of textile material, whether or not impregnated, coated, covered or
laminated with plastics, or reinforced with metal or other material 591001
Of Man Made Fibres Kg 8.1% 12.7 2.3% 3.6 591002 Of Cotton and others Kg 3.8%
8.1 1% 5911 Textile products and articles, for technical uses, specified in
Note 7 to this Chapter A B Tariff Item Description of goods Unit Drawback
when Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 122 591101 Of Man Made Fibres Kg. 8.1%
12.7 2.3% 3.6 591102 Of Cotton and others Kg. 3.8% 8.1 1% CHAPTER
60 60 Knitted or crocheted fabrics 6001 Pile fabrics, including "long pile"
fabrics and terry fabrics, knitted or crocheted 600101 Of Wool Kg. 4.9%
19.8 3.1% 12.5 600102 Of Man Made Fibres Kg. 7.5% 24.6 1% 600103 Of Cotton
and others Kg. 4.2% 15.6 1% 6002 Knitted or crocheted fabrics of a width
not exceeding 30 cm , containing by weight 5% or more of elastomeric yarn
or rubber thread, other than those of heading 6001 600201 Of Wool Kg.
4.9% 19.8 3.1% 12.5 600202 Of Man Made Fibres Kg. 7.5% 24.6 1% 600203 Of
Cotton and others Kg. 4.2% 15.6 1% 6003 Knitted or crocheted fabrics of
a width not exceeding 30 cm , other than those of heading 6001 or 6002 600301
Of Wool Kg. 4.9% 19.8 3.1% 12.5 600302 Of Man Made Fibres Kg. 7.5% 24.6 1% 600303
Of Cotton and others Kg. 4.2% 15.6 1% 6004 Knitted or crocheted fabrics of
a width exceeding 30 cm , containing by weight 5% or more of elastomeric
yarn or rubber thread, other than those of heading 6001 600401 Of Wool
Kg. 4.9% 19.8 3.1% 12.5 600402 Of Man Made Fibres Kg. 7.5% 24.6 1% 600403
Of Cotton and others Kg. 4.2% 15.6 1% A B Tariff Item Description of goods
Unit Drawback when Cenvat facility has not been availed Drawback when
Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 123 6005 Warp knit fabrics (including those made on galloon
knitting machines), other than those of headings 6001 to 6004 600501
Of Wool Kg. 4.9% 19.8 3.1% 12.5 600502 Of Man Made Fibres Kg. 7.5% 24.6 1% 600503
Of Cotton and others Kg. 4.2% 15.6 1% 6006 Other knitted or crocheted fabrics 600601
Of Wool K g . 4 . 9 % 1 9 . 8 3 . 1 % 1 2 . 5 600602 Of Man Made Fibres Kg.
7.5% 24.6 1% 600603 Of Cotton and others Kg. 4.2% 15.6 1% CHAPTER
61 61 Articles of Apparel and Clothing Accessories, Knitted or Crocheted 6101 Men's
or boys' overcoats, carcoats, capes, cloaks, anoraks (including skijackets), wind-cheaters,
windjackets and similar articles, knitted or crocheted, other than those
of heading 6103 610101 Of Cotton piece 7.5% 42 2.2% 12 610102 Of Blend
containing Cotton and Man Made Fibre piece 8.6% 44 2.2% 11.3 610103 Of
Man Made Fibres piece 9.5% 45 2.4% 11.4 610104 Of Silk (other than containing Noil
silk) piece 10% 80 3.6% 28.9 610105 Of Noil Silk piece 10% 20 3.6% 7.2 610106
Of Wool piece 7.5% 41 2.9% 16 610107 Of Blend containing Wool and Man
Made Fibre piece 8.6% 44 2.2% 11.3 610108 Of Cotton containing 1% or more
by weight of spandex/ lycra/elastane piece 8% 44 2.2% 12 610199 Of others
piece 7.5% 34 2.2% 9.9 A B Tariff Item Description of goods Unit Drawback
when Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 124 6102 Women's or girls' overcoats, car-coats,
capes, cloaks, anoraks (including skijackets), wind-cheaters, windjackets and
similar articles, knitted or crocheted, other than those of heading 6104 610201
Of Cotton piece 7.5% 42 2.2% 12 610202 Of Blend containing Cotton and Man
Made Fibre piece 8.6% 44 2.2% 11.3 610203 Of Man Made Fibres piece 9.5%
45 2.4% 11.4 610204 Of Silk (other than containing Noil silk) piece
10% 80 3.6% 28.9 610205 Of Noil Silk piece 10% 20 3.6% 7.2 610206 Of Wool
piece 7.5% 41 2.9% 16 610207 Of Blend containing Wool and Man Made Fibre piece
8.6% 44 2.2% 11.3 610208 Of Cotton containing 1% or more by weight of
spandex/ lycra/elastane piece 8% 44 2.2% 12 610299 Of others piece 7.5%
34 2.2% 9.9 6103 Men's or boys' suits, ensembles, jackets, blazers, trousers,
bib and brace overalls, breeches and shorts (other than swim wear), knitted
or crocheted 610301 Suits, ensembles, jackets, blazers, trousers 61030101
Of Cotton piece 7.5% 42 2.2% 12 61030102 Of Blend containing Cotton and Man
Made Fibre piece 8.6% 44 2.2% 11.3 61030103 Of Man Made Fibres piece 9.5%
45 2.4% 11.4 61030104 Of Silk (other than containing Noil silk) piece
10% 80 3.6% 28.9 61030105 Of Noil Silk piece 10% 20 3.6% 7.2 61030106 Of
Wool piece 7.5% 41 2.9% 16 61030107 Of Blend containing Wool and Man
Made Fibre piece 8.6% 44 2.2% 11.3 61030108 Of Cotton containing 1% or more
by weight of spandex/ lycra/elastane piece 8% 44 2.2% 12 A B Tariff
Item Description of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 125 61030199 Of others piece 7.5% 34 2.2% 9.9 610302 Others 61030201
Of Cotton piece 7.5% 36 2.2% 10.4 61030202 Of Blend containing Cotton and Man
Made Fibre piece 8.6% 38 2.2% 9.8 61030203 Of Man Made Fibres piece 9.5%
40 2.4% 9.9 61030204 Of Silk (other than containing Noil silk) piece
10% 62 3.6% 22.7 61030205 Of Noil Silk piece 10% 17 3.6% 6.1 61030206 Of
Wool piece 7.5% 41 2.9% 16 61030207 Of Blend containing Wool and Man
Made Fibre piece 8.6% 38 2.2% 9.8 61030208 Of Cotton containing 1% or more
by weight of spandex/ lycra/elastane piece 8% 38 2.2% 10.4 61030299 Of
others piece 7.5% 25 2.2% 7.3 6104 Women's or girls' suits, ensembles,
jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace
overalls, breeches and shorts (other than swim wear), knitted or crocheted 610401 Suits,
ensembles, jackets, blazers, trousers 61040101 Of Cotton piece 7.5% 42 2.2%
12 61040102 Of Blend containing Cotton and Man Made Fibre piece 8.6%
44 2.2% 11.3 61040103 Of Man Made Fibres piece 9.5% 45 2.4% 11.4 61040104 Of
Silk (other than containing Noil silk) piece 10% 80 3.6% 28.9 61040105
Of Noil Silk piece 10% 20 3.6% 7.2 61040106 Of Wool piece 7.5% 41 2.9% 16 61040107 Of
Blend containing Wool and Man Made Fibre piece 8.6% 44 2.2% 11.3 61040108 Of
Cotton containing 1% or more by weight of spandex/ lycra/elastane piece
8% 44 2.2% 12 61040199 Of others piece 7.5% 34 2.2% 9.9 610402 Others 61040201
Of Cotton piece 7.5% 36 2.2% 10.4 A B Tariff Item Description of goods Unit Drawback
when Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 126 61040202 Of Blend containing
Cotton and Man Made Fibre piece 8.6% 38 2.2% 9.8 61040203 Of Man Made
Fibres piece 9.5% 40 2.4% 9.9 61040204 Of Silk (other than containing Noil
silk) piece 10% 62 3.6% 22.7 61040205 Of Noil Silk piece 10% 17 3.6% 6.1 61040206
Of Wool piece 7.5% 41 2.9% 16 61040207 Of Blend containing Wool and Man
Made Fibre piece 8.6% 38 2.2% 9.8 61040208 Of Cotton containing 1% or more
by weight of spandex/ lycra/elastane piece 8% 38 2.2% 10.4 61040299 Of
others piece 7.5% 25 2.2% 7.3 6105 Men's or boys' shirts, knitted or crocheted 610501
Of Cotton piece 7.5% 36 2.2% 10.4 610502 Of Blend containing Cotton and Man
Made Fibre piece 8.6% 38 2.2% 9.8 610503 Of Man Made Fibres piece 9.5% 40 2.4%
9.9 610504 Of Silk (other than containing Noil silk) piece 10% 62 3.6%
22.7 610505 Of Noil Silk piece 10% 17 3.6% 6.1 610506 Of Wool piece 7.5% 41 2.9%
16 610507 Of Blend containing Wool and Man Made Fibre piece 8.6% 38
2.2% 9.8 610508 Of Cotton containing 1% or more by weight of spandex/ lycra/elastane piece
8% 38 2.2% 10.4 610599 Of others piece 7.5% 25 2.2% 7.3 6106 Women's
or girls' blouses, shirts and shirt-blouses, knitted or crocheted 610601
Of Cotton piece 7.5% 36 2.2% 10.4 610602 Of Blend containing Cotton and Man
Made Fibre piece 8.6% 38 2.2% 9.8 610603 Of Man Made Fibres piece 9.5% 40
2.4% 9.9 610604 Of Silk (other than containing Noil silk) piece 10%
62 3.6% 22.7 610605 Of Noil Silk piece 10% 17 3.6% 6.1 610606 Of Wool piece
7.5% 41 2.9% 16 A B Tariff Item Description of goods Unit Drawback when
Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 127 610607 Of Blend containing Wool
and Man Made Fibre piece 8.6% 38 2.2% 9.8 610608 Of Cotton containing
1% or more by weight of spandex/ lycra/elastane piece 8% 38 2.2% 10.4 610699
Of others piece 7.5% 25 2.2% 7.3 6107 Men's or boys' underpants, briefs,
nightshirts, pyjamas, bathrobes, dressing gowns and similar articles, knitted or
crocheted 610701 Night shirts, pyjamas, bath robes and dressing gowns/underpants
and similar articles 61070101 Of Cotton piece 7.5% 26 2.2% 7.7 61070102 Of
Blend containing Cotton and Man Made Fibre piece 8.6% 28 2.2% 7.2 61070103
Of Man Made Fibres piece 9.5% 29 2.4% 7.2 61070104 Of Silk (other than containing Noil
silk) piece 10% 62 3.6% 22.7 61070105 Of Noil Silk piece 10% 17 3.6% 6.1 61070106
Of Wool piece 7.5% 33 2.9% 12.8 61070107 Of Blend containing Wool and Man
Made Fibre piece 8.6% 28 2.2% 7.2 61070108 Of Cotton containing 1% or more
by weight of spandex/ lycra/elastane piece 8% 28 2.2% 7.7 61070199 Of
others piece 7.5% 25 2.2% 7.3 610702 Others (briefs and similar articles) 61070201
Of Cotton piece 7.5% 12 2.2% 3.5 61070202 Of Blend containing Cotton and Man
Made Fibre piece 8.6% 13 2.2% 3.3 61070203 Of Man Made Fibres piece 9.5%
13 2.4% 3.3 61070204 Of Silk (other than containing Noil silk) piece
10% 53 3.6% 19.1 61070205 Of Noil Silk piece 10% 19 3.6% 6.9 61070206 Of
Wool piece 7.5% 12 2.9% 4.6 61070207 Of Blend containing Wool and Man
Made Fibre piece 8.6% 13 2.2% 3.3 61070208 Of Cotton containing 1% or piece
8% 13 2.2% 3.5 A B Tariff Item Description of goods Unit Drawback when
Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 128 more by weight of spandex/ lycra/elastane 61070299
Others piece 7.5% 9 2.2% 2.9 6108 Women's or girls' slips, petticoats,
briefs, panties, night dresses, pyjamas, negligees, bathrobes, dressing gowns
and similar articles, knitted or crocheted 610801 Night dresses, pyjamas, negligees
bath robes and dressing gowns, slips, Petticoats and similar articles 61080101
Of Cotton piece 7.5% 26 2.2% 7.7 61080102 Of Blend containing Cotton and Man
Made Fibre piece 8.6% 28 2.2% 7.2 61080103 Of Man Made Fibres piece 9.5%
29 2.4% 7.2 61080104 Of Silk (other than containing Noil silk) piece
10% 62 3.6% 22.7 61080105 Of Noil Silk piece 10% 17 3.6% 6.1 61080106 Of
Wool piece 7.5% 33 2.9% 12.8 61080107 Of Blend containing Wool and Man
Made Fibre piece 8.6% 28 2.2% 7.2 61080108 Of Cotton containing 1% or more
by weight of spandex/ lycra/elastane piece 8% 28 2.2% 7.7 61080199 Of
others piece 7.5% 25 2.2% 7.3 610802 Others ( Briefs, Panties and similar
articles) 61080201 Of Cotton piece 7.5% 12 2.2% 3.5 61080202 Of Blend
containing Cotton and Man Made Fibre piece 8.6% 13 2.2% 3.3 61080203
Of Man Made Fibres piece 9.5% 13 2.4% 3.3 61080204 Of Silk (other than containing Noil
silk) piece 10% 53 3.6% 19.1 61080205 Of Noil Silk piece 10% 19 3.6%
6.9 61080206 Of Wool piece 7.5% 12 2.9% 4.6 61080207 Of Blend containing
Wool and Man Made Fibre piece 8.6% 13 2.2% 3.3 61080208 Of Cotton
containing 1% or more by weight of spandex/ lycra/elastane piece 8% 13
2.2% 3.5 A B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 129 61080299 Others piece 7.5% 9 2.2% 2.9 6109 T-shirts,
singlets and other vests, knitted or crocheted 610901 Of Cotton piece 7.5%
26 2.2% 7.7 610902 Of Blend containing Cotton and Man Made Fibre piece
8.6% 28 2.2% 7.2 610903 Of Man Made Fibres piece 9.5% 29 2.4% 7.2 610904 Of
Silk (other than containing Noil silk) piece 10% 62 3.6% 22.7 610905
Of Noil Silk piece 10% 17 3.6% 6.1 610906 Of Wool piece 7.5% 33 2.9% 12.8 610907 Of
Blend containing Wool and Man Made Fibre piece 8.6% 28 2.2% 7.2 610908 Of
Cotton containing 1% or more by weight of spandex/ lycra/elastane piece
8% 28 2.2% 7.7 610999 Of others piece 7.5% 25 2.2% 7.3 6110 Jerseys, pullovers,
cardigans, waistcoats an similar articles, knitted or crocheted 611001
Of Cotton piece 7.5% 60 2.2% 17.3 611002 Of Blend containing Cotton and Man
Made Fibre piece 8.6% 65 2.2% 16.4 611003 Of Man Made Fibres piece 9.5%
66 2.4% 16.5 611004 Of Silk (other than containing Noil silk) piece
10% 120 3.6% 43.3 611005 Of Noil Silk piece 10% 31 3.6% 11.2 611006 Of Wool
piece 7.5% 68 2.9% 26.4 611007 Of Blend containing Wool and Man Made
Fibre piece 8.6% 65 2.2% 16.4 611008 Of Cotton containing 1% or more
by weight of spandex/ lycra/elastane piece 8% 65 2.2% 17.3 611099 Of
others piece 7.5% 58 2.2% 16.9 6111 Babies' garments and clothing accessories,
knitted or crocheted 611101 Of Cotton piece 7.5% 22 2.2% 6.5 611102 Of
Blend containing Cotton and Man Made Fibre piece 8.6% 24 2.2% 6.1 A B Tariff
Item Description of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 130 611103 Of Man Made Fibres piece 9.5% 24 2.4% 6.2 611104 Of
Silk (other than containing Noil silk) piece 10% 32 3.6% 11.5 611105
Of Noil Silk piece 10% 12 3.6% 4.7 611106 Of Wool piece 7.5% 25 2.9% 9.3 611107 Of
Blend containing Wool and Man Made Fibre piece 8.6% 24 2.2% 6.1 611108 Of
Cotton containing 1% or more by weight of spandex/ lycra/elastane piece
8% 24 2.2% 6.5 611199 Others piece 7.5% 19 2.2% 5.5 6112 Track suits,
ski suits and swimwear, knitted or crocheted 611201 Of Cotton piece 7.5%
30 2.2% 8.6 611202 Of Blend containing Cotton and Man Made Fibre piece
8.6% 32 2.2% 8.2 611203 Of Man Made Fibres piece 9.5% 33 2.4% 8.3 611204 Of
Silk (other than containing Noil silk) piece 10% 62 3.6% 22.7 611205
Of Noil Silk piece 10% 17 3.6% 6.1 611206 Of Wool piece 7.5% 33 2.9% 12.8 611207 Of
Blend containing Wool and Man Made Fibre piece 8.6% 32 2.2% 8.2 611208 Of
Cotton containing 1% or more by weight of spandex/ lycra/elastane piece
8% 32 2.2% 8.6 611299 Of others piece 7.5% 25 2.2% 7.3 6113 Garments,
made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907 611301
Of Cotton KG 7.5% 60 2.2% 17.3 611302 Of Blend containing Cotton and Man
Made Fibre KG 8.6% 65 2.2% 16.4 611303 Of Man Made Fibres KG 9.5% 66 2.4%
16.5 611304 Of Silk (other than containing Noil silk) KG 10% 310 3.6%
111.8 611305 Of Noil Silk KG 10% 105 3.6% 37.9 611306 Of Wool KG 7.5% 66
2.9% 25.3 611307 Of Blend containing Wool and Man Made Fibre KG 8.6%
65 2.2% 16.4 A B Tariff Item Description of goods Unit Drawback when
Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 131 611399 Others KG 7.5% 53 2.2% 15.4 6114 Other
garments, knitted or crocheted 611401 Of Cotton KG 7.5% 60 2.2% 17.3 611402 Of
Blend containing Cotton and Man Made Fibre KG 8.6% 65 2.2% 16.4 611403
Of Man Made Fibres KG 9.5% 66 2.4% 16.5 611404 Of Silk (other than containing Noil
silk) KG 10% 310 3.6% 111.8 611405 Of Noil Silk KG 10% 105 3.6% 37.9 611406
Of Wool KG 7.5% 66 2.9% 25.3 611407 Of Blend containing Wool and Man
Made Fibre KG 8.6% 65 2.2% 16.4 611499 Others KG 7.5% 53 2.2% 15.4 6115 Panty
hose, tights, stockings, socks and other hosiery, including graduated compression
hosiery (for example, stockings for varicose veins) and footwear without
applied soles, knitted or crocheted 611501 Of Cotton KG 7.5% 60 2.2% 17.3 611502 Of
Blend containing Cotton and Man Made Fibre KG 8.6% 65 2.2% 16.4 611503
Of Man Made Fibres KG 9.5% 66 2.4% 16.5 611504 Of Silk (other than containing Noil
silk) KG 10% 310 3.6% 111.8 611505 Of Noil Silk KG 10% 105 3.6% 37.9 611506
Of Wool KG 7.5% 66 2.9% 25.3 611507 Of Blend containing Wool and Man
Made Fibre KG 8.6% 65 2.2% 16.4 611508 Of Cotton containing 1% or more
by weight of spandex/ lycra/elastane KG 8% 65 2.2% 17.3 611599 Others
KG 7.5% 53 2.2% 15.4 6116 Gloves, mittens and mitts, knitted or crocheted 611601
Of Cotton KG 7.5% 60 2.2% 17.3 611602 Of Blend containing Cotton and Man
Made Fibre KG 8.6% 65 2.2% 16.4 611603 Of Man Made Fibres KG 9.5% 66 2.4%
16.5 A B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 132 611604 Of Silk (other than containing Noil silk) KG
10% 310 3.6% 111.8 611605 Of Noil Silk KG 10% 105 3.6% 37.9 611606 Of Wool
KG 7.5% 66 2.9% 25.3 611607 Of Blend containing Wool and Man Made Fibre KG
8.6% 65 2.2% 16.4 611608 Of Cotton containing 1% or more by weight of
spandex/ lycra/elastane KG 8% 65 2.2% 16.4 611699 Others KG 7.5% 53 2.2%
15.4 6117 Other made up clothing accessories, knitted or crocheted;
knitted or crocheted parts of garments or of clothing accessories 611701
Shawls 61170101 Of Cotton piece 7.5% 37 2.2% 10.8 61170102 Of Blend containing
Cotton and Man Made Fibre piece 8.6% 40 2.2% 10.2 61170103 Of Man Made
Fibres piece 9.5% 42 2.4% 10.3 61170104 Of Silk (other than containing Noil
silk) piece 10% 80 3.6% 28.9 61170105 Of Noil Silk piece 10% 20 3.6% 7.2 61170106
Of Wool piece 7.5% 40 2.9% 15.4 61170107 Of Blend containing Wool and Man
Made Fibre piece 8.6% 40 2.2% 10.2 61170199 Of others piece 7.5% 33 2.2%
9.7 611702 Scarves, mufflers and ties 61170201 Of Cotton piece 7.5% 30 2.2%
8.6 61170202 Of Blend containing Cotton and Man Made Fibre piece 8.6%
32 2.2% 8.2 61170203 Of Man Made Fibres piece 9.5% 33 2.4% 8.3 61170204 Of
Silk (other than containing Noil silk) piece 10% 62 3.6% 22.7 61170205
Of Noil Silk piece 10% 17 3.6% 6.1 61170206 Of Wool piece 7.5% 33 2.9% 12.8 61170207 Of
Blend containing Wool and Man Made Fibre piece 8.6% 32 2.2% 8.2 61170299
Of others piece 7.5% 25 2.2% 7.3 611703 Others 611701 Of Cotton KG 7.5%
60 2.2% 17.3 A B Tariff Item Description of goods Unit Drawback when
Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 133 611702 Of Blend containing Cotton
and Man Made Fibre KG 8.6% 65 2.2% 16.4 611703 Of Man Made Fibres KG
9.5% 66 2.4% 16.5 611704 Of Silk (other than containing Noil silk) KG
10% 310 3.6% 111.8 611705 Of Noil Silk KG 10% 105 3.6% 37.9 611706 Of Wool
KG 7.5% 66 2.9% 25.3 611707 Of Blend containing Wool and Man Made Fibre KG
8.6% 65 2.2% 16.4 611799 Others KG 7.5% 53 2.2% 15.4 CHAPTER 62 62
Articles of Apparel and Clothing Accessories, Not Knitted or Crocheted 6201 Men's
or boys' overcoats, car-coats, cloaks, anoraks (including ski-jackets),
windcheaters, wind jackets and similar articles other than those of heading
6203 620101 Of Cotton piece 7.5% 42 2.2% 12 620102 Of Blend containing
Cotton and Man Made Fibre piece 8.6% 44 2.2% 11.3 620103 Of Man Made
Fibres piece 9.5% 45 2.4% 11.4 620104 Of Silk (other than containing Noil
silk) piece 10% 80 3.6% 28.9 620105 Of Noil Silk piece 10% 20 3.6% 7.2 620106
Of Wool piece 7.5% 41 2.9% 16 620107 Of Blend containing Wool and Man
Made Fibre piece 8.6% 44 2.2% 11.3 620108 Of Cotton containing 1% or more
by weight of spandex/ lycra/elastane piece 8% 44 2.2% 12 620199 Of others
piece 7.5% 34 2.2% 9.9 6202 Women's or girls' overcoats, car-coats, capes,
cloaks, anoraks(including skijackets), wind-cheaters, wind-jackets and
similar articles, other than those of heading 6204 620201 Of Cotton piece
7.5% 42 2.2% 12 A B Tariff Item Description of goods Unit Drawback when
Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 134 620202 Of Blend containing Cotton and
Man Made Fibre piece 8.6% 44 2.2% 11.3 620203 Of Man Made Fibres piece 9.5%
45 2.4% 11.4 620204 Of Silk (other than containing Noil silk) piece
10% 80 3.6% 28.9 620205 Of Noil Silk piece 10% 20 3.6% 7.2 620206 Of Wool
piece 7.5% 41 2.9% 16 620207 Of Blend containing Wool and Man Made Fibre piece
8.6% 44 2.2% 11.3 620208 Of Cotton containing 1% or more by weight of
spandex/ lycra/elastane piece 8% 44 2.2% 12 620299 Of others piece 7.5%
34 2.2% 9.9 6203 Men's or boys' suits, ensembles, jackets, blazers, trousers,
bib and brace overalls, breeches and shorts (other than swimwear) 620301 suits,
ensembles, jackets,blazers, trousers 62030101 Of Cotton piece 7.5% 42 2.2%
12 62030102 Of Blend containing Cotton and Man Made Fibre piece 8.6%
44 2.2% 11.3 62030103 Of Man Made Fibres piece 9.5% 45 2.4% 11.4 62030104 Of
Silk (other than containing Noil silk) piece 10% 80 3.6% 28.9 62030105
Of Noil Silk piece 10% 20 3.6% 7.2 62030106 Of Wool piece 7.5% 41 2.9% 16 62030107 Of
Blend containing Wool and Man Made Fibre piece 8.6% 44 2.2% 11.3 62030108 Of
Cotton containing 1% or more by weight of spandex/ lycra/elastane piece
8% 44 2.2% 12 62030199 Of others piece 7.5% 34 2.2% 9.9 620302 Others 62030201
Of Cotton piece 7.5% 36 2.2 10.4 62030202 Of Blend containing Cotton and
Man Made Fibre piece 8.6% 38 2.2 9.8 62030203 Of Man Made Fibres piece 9.5%
40 2.4 9.9 A B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 135 62030204 Of Silk (other than containing Noil silk) piece
10% 62 3.6 22.7 62030205 Of Noil Silk piece 10% 17 3.6 6.1 62030206 Of Wool
piece 7.5% 41 2.9 16 62030207 Of Blend containing Wool and Man Made Fibre piece
8.6% 38 2.2 9.8 62030208 Of Cotton containing 1% or more by weight of
spandex/ lycra/elastane piece 8% 38 2.2 10.4 62030299 Of others piece
7.5% 25 2.2 7.3 6204 Women's or girls' suits, ensembles, jackets, blazers, dresses,
skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other
than swimwear) 620401 Suits, ensembles, jackets, blazers, trousers 62040101
Of Cotton piece 7.5% 42 2.2% 12 62040102 Of Blend containing Cotton and
Man Made Fibre piece 8.6% 44 2.2% 11.3 62040103 Of Man Made Fibres piece
9.5% 45 2.4% 11.4 62040104 Of Silk (other than containing Noil silk) piece
10% 80 3.6% 28.9 62040105 Of Noil Silk piece 10% 20 3.6% 7.2 62040106 Of
Wool piece 7.5% 41 2.9% 16 62040107 Of Blend containing Wool and Man
Made Fibre piece 8.6% 44 2.2% 11.3 62040108 Of Cotton containing 1% or more
by weight of spandex/ lycra/elastane piece 8% 44 2.2% 12 62040199 Of
others piece 7.5% 34 2.2% 9.9 620402 Others 62040201 Of Cotton piece 7.5%
36 2.2% 10.4 62040202 Of Blend containing Cotton and Man Made Fibre piece
8.6% 38 2.2% 9.8 62040203 Of Man Made Fibres piece 9.5% 40 2.4% 9.9 62040204 Of
Silk (other than containing Noil silk) piece 10% 62 3.6% 22.7 62040205
Of Noil Silk piece 10% 17 3.6% 6.1 A B Tariff Item Description of goods
Unit Drawback when Cenvat facility has not been availed Drawback when
Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 136 62040206 Of Wool piece 7.5% 41 2.9% 16 62040207 Of
Blend containing Wool and Man Made Fibre piece 8.6% 38 2.2% 9.8 62040208 Of
Cotton containing 1% or more by weight of spandex/ lycra/elastane piece
8% 38 2.2% 10.4 62040299 Of others piece 7.5% 25 2.2% 7.3 6205 Men's or
boys' shirts 620501 Of Cotton piece 7.5% 37 2.2% 10.8 620502 Of Blend
containing Cotton and Man Made Fibre piece 8.6% 40 2.2% 10.2 620503 Of
Man Made Fibres piece 9.5% 41 2.4% 10.3 620504 Of Silk (other than containing Noil
silk) piece 10% 62 3.6% 22.7 620505 Of Noil Silk piece 10% 17 3.6% 6.1 620506
Of Wool piece 7.5% 41 2.9% 16 620507 Of Blend containing Wool and Man
Made Fibre piece 8.6% 40 2.2% 10.2 620508 Of Cotton containing 1% or more
by weight of spandex/ lycra/elastane piece 8% 40 2.2% 10.8 620599 Of
others piece 7.5% 25 2.2% 7.3 6206 Women's or girls' blouses, shirts
and shirt-blouses 620601 Of Cotton piece 7.5% 37 2.2% 10.8 620602 Of
Blend containing Cotton and Man Made Fibre piece 8.6% 40 2.2% 10.2 620603
Of Man Made Fibres piece 9.5% 41 2.4% 10.3 620604 Of Silk (other than containing Noil
silk) piece 10% 62 3.6% 22.7 620605 Of Noil Silk piece 10% 17 3.6% 6.1 620606
Of Wool piece 7.5% 41 2.9% 16 620607 Of Blend containing Wool and Man
Made Fibre piece 8.6% 40 2.2% 10.2 620608 Of Cotton containing 1% or more
by weight of spandex/ lycra/elastane piece 8% 40 2.2% 10.8 620699 Of
others piece 7.5% 25 2.2% 7.3 A B Tariff Item Description of goods Unit Drawback
when Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 137 6207 Men's or boys' singlets
and other vests, underpants, briefs, nightshirts, pyjamas, bathrobes,
dressing gowns and similar articles 620701 Night shirts, pyjamas, bathrobes,
dressing gown 62070101 Of Cotton piece 7.5% 26 2.2% 7.7 62070102 Of Blend
containing Cotton and Man Made Fibre piece 8.6% 28 2.2% 7.2 62070103
Of Man Made Fibres piece 9.5% 29 2.4% 7.2 62070104 Of Silk (other than containing Noil
silk) piece 10% 62 3.6% 22.7 62070105 Of Noil Silk piece 10% 17 3.6% 6.1 62070106
Of Wool piece 7.5% 33 2.9% 12.8 62070107 Of Blend containing Wool and Man
Made Fibre piece 8.6% 28 2.2% 7.2 62070108 Of Cotton containing 1% or more
by weight of spandex/ lycra/elastane piece 8% 28 2.2% 7.7 62070199 Of
others piece 7.5% 25 2.2% 7.3 620702 Others 62070201 Of Cotton KG 7.5% 60
2.2% 17.3 62070202 Of Blend containing Cotton and Man Made Fibre KG
8.6% 65 2.2% 16.4 62070203 Of Man Made Fibres KG 9.5% 66 2.4% 16.5 62070204 Of
Silk (other than containing Noil silk) KG 10% 310 3.6% 111.8 62070205
Of Noil Silk KG 10% 105 3.6% 37.9 62070206 Of Wool KG 7.5% 66 2.9% 25.3 62070207 Of
Blend containing Wool and Man Made Fibre KG 8.6% 65 2.2% 16.4 62070208 Of
Cotton containing 1% or more by weight of spandex/ lycra/elastane KG
8% 65 2.2% 17.3 62070299 Others KG 7.5% 53 2.2% 15.4 6208 Women's or
girls' singlets and other vests, slips, petticoats, briefs, panties, nightdresses,
pyjamas, negliges, bathrobes, dressing gowns and similar articles A B Tariff
Item Description of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 138 620801 Night shirts, pyjamas, bathrobes, dressing
gown 62080101 Of Cotton piece 7.5% 26 2.2% 7.7 62080102 Of Blend containing
Cotton and Man Made Fibre piece 8.6% 28 2.2% 7.2 62080103 Of Man Made
Fibres piece 9.5% 29 2.4% 7.2 62080104 Of Silk (other than containing Noil
silk) piece 10% 62 3.6% 22.7 62080105 Of Noil Silk piece 10% 17 3.6% 6.1 62080106
Of Wool piece 7.5% 33 2.9% 12.8 62080107 Of Blend containing Wool and Man
Made Fibre piece 8.6% 28 2.2% 7.2 62080108 Of Cotton containing 1% or more
by weight of spandex/ lycra/elastane piece 8% 28 2.2% 7.7 62080199 Of
others piece 7.5% 25 2.2% 7.3 620802 Others 62080201 Of Cotton KG 7.5% 60
2.2% 17.3 62080202 Of Blend containing Cotton and Man Made Fibre KG
8.6% 65 2.2% 16.4 62080203 Of Man Made Fibres KG 9.5% 66 2.4% 16.5 62080204 Of
Silk (other than containing Noil silk) KG 10% 310 3.6% 111.8 62080205
Of Noil Silk KG 10% 105 3.6% 37.9 62080206 Of Wool KG 7.5% 66 2.9% 25.3 62080207 Of
Blend containing Wool and Man Made Fibre KG 8.6% 65 2.2% 16.4 62080208 Of
Cotton containing 1% or more by weight of spandex/ lycra/elastane KG
8% 65 2.2% 17.3 62080299 Others KG 7.5% 53 2.2% 15.4 6209 Babies' garments
and clothing accessories 620901 Of Cotton piece 7.5% 22 2.2% 6.5 620902 Of
Blend containing Cotton and Man Made Fibre piece 8.6% 24 2.2% 6.1 620903
Of Man Made Fibres piece 9.5% 24 2.4% 6.2 620904 Of Silk (other than containing Noil
silk) piece 10% 32 3.6% 11.5 620905 Of Noil Silk piece 10% 12 3.6% 4.7 620906
Of Wool piece 7.5% 25 2.9% 9.3 A B Tariff Item Description of goods Unit Drawback
when Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 139 620907 Of Blend containing Wool
and Man Made Fibre piece 8.6% 24 2.2% 6.1 620908 Of Cotton containing
1% or more by weight of spandex/ lycra/elastane piece 8% 24 2.2% 6.5 620999
Others piece 7.5% 19 2.2% 5.5 6210 Garments, made up of fabrics of heading
5602, 5603, 5903, 5906 or 5907 621001 Of Cotton KG 7.5% 60 2.2% 17.3 621002 Of
Blend containing Cotton and Man Made Fibre KG 8.6% 65 2.2% 16.4 621003
Of Man Made Fibres KG 9.5% 66 2.4% 16.5 621004 Of Silk (other than containing Noil
silk) KG 10% 310 3.6% 111.8 621005 Of Noil Silk KG 10% 105 3.6% 37.9 621006
Of Wool KG 7.5% 66 2.9% 25.3 6201007 Of Blend containing Wool and Man
Made Fibre KG 8.6% 65 2.2% 16.4 621099 Others KG 7.5% 53 2.2% 15.4 6211 Track
suits, ski suits and swimwear; other garments 621101 Of Cotton piece 7.5%
26 2.2% 7.7 621102 Of Blend containing Cotton and Man Made Fibre piece
8.6% 28 2.2% 7.2 621103 Of Man Made Fibres piece 9.5% 29 2.4% 7.2 621104 Of
Silk (other than containing Noil silk) piece 10% 62 3.6% 22.7 621105
Of Noil Silk piece 10% 17 3.6% 6.1 621106 Of Wool piece 7.5% 33 2.9% 12.8 621107 Of
Blend containing Wool and Man Made Fibre piece 8.6% 28 2.2% 7.2 621108 Of
Cotton containing 1% or more by weight of spandex/ lycra/elastane piece
8% 28 2.2% 7.7 621199 Of others piece 7.5% 25 2.2% 7.3 6212 Brassieres,
girdles, corsets, braces, suspenders, garters and similar articles and parts
thereof, whether or not knitted or crocheted A B Tariff Item Description
of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 140 621201 Of Cotton KG 7.5% 60 2.2% 17.3 621202 Of Blend
containing Cotton and Man Made Fibre KG 8.6% 65 2.2% 16.4 621203 Of Man
Made Fibres KG 9.5% 66 2.4% 16.5 621204 Of Silk (other than containing Noil
silk) KG 10% 310 3.6% 111.8 621205 Of Noil Silk KG 10% 105 3.6% 37.9 621206
Of Wool KG 7.5% 66 2.9% 25.3 621207 Of Blend containing Wool and Man
Made Fibre KG 8.6% 65 2.2% 16.4 621299 Others KG 7.5% 53 2.2% 15.4 6213
Handkerchiefs 621301 Of Cotton KG 7.5% 60 2.2% 17.3 621302 Of Blend containing
Cotton and Man Made Fibre KG 8.6% 65 2.2% 16.4 621303 Of Man Made Fibres
KG 9.5% 66 2.4% 16.5 621304 Of Silk (other than containing Noil silk) KG
10% 310 3.6% 111.8 621305 Of Noil Silk KG 10% 105 3.6% 37.9 621306 Of Wool
KG 7.5% 66 2.9% 25.3 621307 Of Blend containing Wool and Man Made Fibre KG
8.6% 65 2.2% 16.4 621399 Others KG 7.5% 53 2.2% 15.4 6214 Shawls, scarves,
mufflers, mantillas, veils and the like 621401 Shawls 62140101 Of Cotton
piece 7.5% 37 2.2% 10.8 62140102 Of Blend containing Cotton and Man Made
Fibre piece 8.6% 40 2.2% 10.2 62140103 Of Man Made Fibres piece 9.5% 42
2.4% 10.3 62140104 Of Silk (other than containing Noil silk) piece
10% 80 3.6% 28.9 62140105 Of Noil Silk piece 10% 20 3.6% 7.2 62140106 Of
Wool piece 7.5% 40 2.9% 15.4 62140107 Of Blend containing Wool and Man
Made Fibre piece 8.6% 40 2.2% 10.2 62140199 Of others piece 7.5% 33 2.2%
9.7 621402 Scarves and mufflers 62140201 Of Cotton piece 7.5% 30 2.2% 8.6 A
B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 141 62140202 Of Blend containing Cotton and Man Made Fibre piece
8.6% 32 2.2% 8.2 62140203 Of Man Made Fibres piece 9.5% 33 2.4% 8.3 62140204 Of
Silk (other than containing Noil silk) piece 10% 62 3.6% 22.7 62140205
Of Noil Silk piece 10% 17 3.6% 6.1 62140206 Of Wool piece 7.5% 33 2.9% 12.8 62140207 Of
Blend containing Wool and Man Made Fibre piece 8.6% 32 2.2% 8.2 62140299
Of others piece 7.5% 25 2.2% 7.3 621403 Others 62140301 Of Cotton KG 7.5%
60 2.2% 17.3 62140302 Of Blend containing Cotton and Man Made Fibre KG
8.6% 65 2.2% 16.4 62140303 Of Man Made Fibres KG 9.5% 66 2.4% 16.5 62140304 Of
Silk (other than containing Noil silk) KG 10% 310 3.6% 111.8 62140305
Of Noil Silk KG 10% 105 3.6% 37.9 62140306 Of Wool KG 7.5% 66 2.9% 25.3 62140307 Of
Blend containing Wool and Man Made Fibre KG 8.6% 65 2.2% 16.4 62140399
Of Others KG 7.5% 53 2.2% 15.4 6215 Ties, bow ties and cravats 621501 Ties 62150101
Of Cotton piece 7.5% 26 2.2% 7.7 62150102 Of Blend containing Cotton and
Man Made Fibre piece 8.6% 28 2.2% 7.2 62150103 Of Man Made Fibres piece
9.5% 29 2.4% 7.2 62150104 Of Silk (other than containing Noil silk) piece
10% 62 3.6% 22.7 62150105 Of Noil Silk piece 10% 17 3.6% 6.1 62150106 Of
Wool piece 7.5% 33 2.9% 12.8 62150107 Of Blend containing Wool and Man
Made Fibre piece 8.6% 28 2.2% 7.2 62150199 Of others piece 7.5% 25 2.2%
7.3 621502 Others 62150201 Of Cotton KG 7.5% 60 2.2% 17.3 62150202 Of
Blend containing Cotton and Man Made Fibre KG 8.6% 65 2.2% 16.4 A B Tariff
Item Description of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 142 62150203 Of Man Made Fibres KG 9.5% 66 2.4% 16.5 62150204 Of
Silk (other than containing Noil silk) KG 10% 310 3.6% 111.8 62150205
Of Noil Silk KG 10% 105 3.6% 37.9 62150206 Of Wool KG 7.5% 66 2.9% 25.3 62150207 Of
Blend containing Wool and Man Made Fibre KG 8.6% 65 2.2% 16.4 62150299
Others KG 7.5% 53 2.2% 15.4 6216 Gloves, mittens and mitts 621601 Of Cotton
KG 7.5% 60 2.2% 17.3 621602 Of Blend containing Cotton and Man Made Fibre KG
8.6% 65 2.2% 16.4 621603 Of Man Made Fibres KG 9.5% 66 2.4% 16.5 621604 Of
Silk (other than containing Noil silk) KG 10% 310 3.6% 111.8 621605 Of
Noil Silk KG 10% 105 3.6% 37.9 621606 Of Wool KG 7.5% 66 2.9% 25.3 621607 Of
Blend containing Wool and Man Made Fibre KG 8.6% 65 2.2% 16.4 621699
Of others KG 7.5% 53 2.2% 15.4 6217 Other made up clothing accessories;
parts of garments or of clothing accessories, other than those of heading
6212 621701 Of Cotton KG 7.5% 60 2.2% 17.3 621702 Of Blend containing
Cotton and Man Made Fibre KG 8.6% 65 2.2% 16.4 621703 Of Man Made Fibres
KG 9.5% 66 2.4% 16.5 621704 Of Silk (other than containing Noil silk) KG
10% 310 3.6% 111.8 621705 Of Noil Silk KG 10% 105 3.6% 37.9 621706 Of Wool
KG 7.5% 66 2.9% 25.3 621707 Of Blend containing Wool and Man Made Fibre KG
8.6% 65 2.2% 16.4 621799 Of others KG 7.5% 53 2.2% 15.4 CHAPTER 63 A
B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 143 63 Other Made Up Textiles Articles; Sets; Worn Clothing
and Worn Textile Articles; Rags I -Other made up textile articles: 6301
Blankets and traveling rugs KG 6.5% 23 1% 6302 Bed linen, table linen, toilet linen
and kitchen linen 630201 Of Cotton KG 7.1% 60 1% 630202 Of Blend containing
Cotton and Man Made Fibre KG 7.9% 65 1% 630203 Of Man Made Fibres KG
9% 66 1% 630204 Of Silk (other than containing Noil silk) KG 10% 310
3.8% 118 630205 Of Noil Silk KG 10% 105 3.1% 33 630206 Of Wool KG 7.1% 66
3% 28 630207 Of others KG 7.1% 53 1% 6303 Curtains (including drapes) and
interior blinds; curtain or bed valances 630301 Of Cotton KG 7.1% 60 1% 630302 Of
Blend containing Cotton and Man Made Fibre KG 7.9% 65 1% 630303 Of Man
Made Fibres KG 9% 66 1% 630304 Of Silk (other than containing Noil silk) KG
10% 310 3.8% 118 630305 Of Noil Silk KG 10% 105 3.1% 33 630306 Of Wool KG
7.1% 66 3% 28 630307 Of Others KG 7.1% 53 1% 6304 Other furnishing articles, excluding
those of heading 9404 630401 Of Cotton KG 7.1% 60 1% 630402 Of Blend
containing Cotton and Man Made Fibre KG 7.9% 65 1% 630403 Of Man Made
Fibres KG 9% 66 1% 630404 Of Silk (other than containing Noil silk) KG
10% 170 3.8% 65 630405 Of Noil Silk KG 10% 55 3.1% 17 630406 Of Wool KG
7.1% 45 3% 19 630407 Of Others KG 7.1% 39 1% A B Tariff Item Description
of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 144 6305 Sacks and bags, of a kind used for the packing
of goods 630501 Sacks and bags, of a kind used for the packing of goods
other than those covered by tariff items 630502 and 630503 KG 6.1% 14.4
1% 630502 Flexible Intermediate Bulk Containers (FIBC) KG 10.3% 17
3% 5 630503 Sacks & bags made of jute including hessian bags, sacking
bags, jute soil savers etc KG 6.8% 16.2 1% 6306 Tarpaulins, awnings
and sunblinds; tents; sails for boats, sailboards or landcraft; camping
goods KG 6.1% 14.4 1% 6307 Other made up articles, including dress
patterns 630701 Of Cotton KG 7.1% 60 1% 630702 Of Blend containing Cotton and
Man Made Fibre KG 7.9% 65 1% 630703 Of Man Made Fibres KG 9% 66 1% 630704 Of
Silk (other than containing Noil silk) KG 10% 170 3.8% 65 630705 Of Noil
Silk KG 10% 55 3.1% 17 630706 Of Wool KG 7.1% 45 3% 19 630707 Of Others
KG 7.1% 39 1% 6308 Sets consisting of woven fabric and yarn, whether
or not with accessories, for making up into rugs, tapestries, embroidered
table cloths or serviettes, or similar textile articles, put up in packings
for retail sale 630801 Of Cotton KG 7.1% 60 1% 630802 Of Blend containing
Cotton and Man Made Fibre KG 7.9% 65 1% 630803 Of Man Made Fibres KG
9% 66 1% 630804 Of Silk (other than containing Noil silk) KG 10% 170
3.8% 65 630805 Of Noil Silk KG 10% 55 3.1% 17 A B Tariff Item Description
of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 145 630806 Of Wool Kg 7.1% 45 3% 19 630807 Of Others Kg 7.1%
39 1% III WORN CLOTHING AND WORN TEXTILE ARTICLES; RAGS 6309 Worn clothing
and other worn articles 1% 1% 6310 Used or new rags, scrap twine,
cordage, rope and cables and worn out articles of twine, cordage, rope or cables,
of textile materials 1% 1% CHAPTER 64 64 Footwear, gaiters
and the like; parts of such articles 6401 Waterproof footwear with outer
soles and uppers of rubber or of plastics, the uppers of which are neither fixed
to the sole nor assembled by stitching, riveting, nailing, screwing, plugging
or similar processes 1% 1% 6402 Other footwear with outer soles
and uppers of rubber or plastics 640201 Synthetic footwear Pair 8.9% 110
2.2% 27 640202 others 1% 1% 6403 Footwear with outer soles of rubber,
plastics, leather or composition leather and uppers of leather 640301 Leather
shoes for adults, namely boots and half boots Pair 9.5% 128 1% 640302 Leather
shoes for adults, namely boots and half boots , manufactured by units operating
under section 65 of the Customs Act, 1962 Pair 4% 45 1% 640303
Deleted 640304 Deleted A B Tariff Item Description of goods Unit Drawback
when Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 146 640305 Leather shoes for adults,
other than boots and half boots Pair 9.5% 87 2.5% 23 640306 Leather
shoes for adults, other than boots and half boots, manufactured by units operating
under section 65 of the Customs Act, 1962 Pair 2% 17 1% 640307 Leather
boots/half boots/shoes for children Pair 9.5% 67 2.6% 18.3 640308 Leather
boots/half boots/shoes for children, manufactured by units operating under
section 65 of the Customs Act, 1962 Pair 2.1% 17 1% 640309 Leather
sandals (including chappals / slippers) Pair 8.3% 53 1% 640310 Leather
sandals, (including chappals/slippers) manufactured by units operating
under section 65 of the Customs act, 1962 Pair 2.1% 9 1% 640311 Leather
safety footwear with protective metal toe cap Pair 9.5% 158 1% 640399
Others 1% 1% 6404 Footwear with outer soles of rubber, plastics, leather
or composition leather and uppers of textile materials 640401 Of rubber
sole with canvas upper Pair 3.8% 5.3 3.4% 4.9 640402 Boots/ half boots
/ shoes of leather-cum-synthetic/textile materials Pair 9.5% 100 2.2%
23 640403 Sandals of leather-cumsynthetic/ textile materials Pair
8.3% 45 1% 640404 Others 1% 1% 6405 Other footwear 1% 1% 6406 Parts
of footwear (including uppers whether or not attached to soles other than outer
soles); removable insoles, heel cushions and similar articles; gaiters, leggings
and similar articles, and parts thereof A B Tariff Item Description of
goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 147 640601 Leather shoe uppers for adults, namely boots
and half boots Pair 8.5% 79 1% 640602 Leather shoe uppers for adults, namely
boots and half boots, manufactured by units operating under section 65 of the
Customs Act, 1962 Pair 5.7% 42 1% 640603 Deleted 640604 Deleted 640605 Leather
shoe uppers for adults, other than boots and half boots Pair 8.5% 55
1% 640606 Leather shoe uppers for adults, other than boots and half boots,
manufactured by units operating under section 65 of the Customs Act, 1962 Pair 5.7% 15
1% 640607 Leather uppers for boots/half boots/shoes for children Pair 8.5% 50
1% 640608 Leather uppers for boots/half boots/shoes for children, manufactured
by units operating under section 65 of the Customs Act, 1962 Pair 5.7% 16
1% 640609 Leather sandal uppers Pair 7.6% 32 1% 640610 Leather sandal
uppers, manufactured by units operating under section 65 of the Customs
Act, 1962 Pair 5.5% 8 1% 640611 Leather woven sandal uppers 3.8% 1% 640612
Leather soles 2.3% 2.3% 640613 Leather-cum-synthetic/textile footwear
uppers Pair 7.6% 32 1% 640699 Others 1% 1% CHAPTER 65 65 Headgear
and parts thereof 6501 Hat-forms, hat bodies and hoods of felt, neither
blocked to shape nor with made brims; plateaux and manchons (including
slit manchons), of felt 1% 1% 6502 Hat-shapes, plaited or made by
assembling strips of any 1% 1% A B Tariff Item Description of goods Unit Drawback
when Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 148 material, neither blocked to shape,
nor with made brims, nor lined, nor trimmed 6503 Deleted 6504 Hats
and other headgear, plaited or made by assembling strips of any material,
whether or not lined or trimmed. 1% 1% 6505 Hats and other headgear, knitted
or crocheted, or made up from lace, felt or other textile fabric, in the piece
(but not in strips) whether or not lined or trimmed; hair-nets of any material,
whether or not lined or timed. 1% 1% 6506 Other headgear, whether
or not lined or trimmed 650601 Bicycle Helmet made of Polystyrene 1
No. 6.4% 3.1 1% 650602 Safety Helmet (made out of fibre glass reinforced
plastics) weight 1425 gms +/- 20 gms. 1 No. 6.4% 7.2 1% 650603 Cricket
Helmets Per piece 6.4% 8.5 1% 650604 Leather Caps/Hats Per piece 6.2% 27 1% 650699
Others 1% 1% 6507 Head-bands, linings, covers, hat foundations, hat frames, peaks
and chinstraps, for headgear 1% 1% CHAPTER 66 66 Umbrellas,
sun umbrellas, walking-sticks, whips, riding-crops and parts thereof CHAPTER
67 67 Prepared feathers and down and articles made of feathers or of
down; artificial flowers; articles of human hair CHAPTER 68 A
B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 149 68 Articles of stone, plaster, cement, asbestos, mica or
similar materials 6801 Setts, curbstones and flagstones, of natural stone(except
slate) Nil Nil 6802 Worked monumental or building stone (except slate)
and articles thereof, other than goods of heading 6801; mosaic cubes
and the like, of natural stone (including slate), whether or not on a backing;
artificially coloured granules, chippings and powder, of natural stone
(including slate) Nil Nil 6803 Worked slate and articles of slate
or of agglomerated slate Nil Nil 6804 Millstones, grindstones, grinding
wheels and the like, without frameworks, for grinding, sharpening, polishing,
trueing or cutting, hand sharpening or polishing stones, and parts thereof,
of natural stone, of agglomerated natural or artificial abrasives, or
of ceramics, with or without parts of other materials 6804229001 High
Density Alumina Ceramic Grinding Media containing 90% aluminium Oxide KG 2.2% 2.2 1% 6804229002
High Alumina Ceramic Grinding Media/Wear Resistant Tiles containing 90%
Aluminium Oxide KG 2.2% 2.2 1% 6804000099 Others 1 % 1 % A B Tariff
Item Description of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 150 6805 Natural or artificial abrasive powder or grain, on
a base of textile material, of paper, of paperboard or of other materials,
whether or not cut to shape or sewn or otherwise made up 1% 1% 6806 Slag
wool, rock wool and similar mineral wools; exfoliated vermiculite, expanded
clays, foamed slag and similar expanded mineral materials; mixtures and
articles of heat insulating, soundinsulating or soundabsorbing mineral materials,
other than those of heading 6811 or 6812 or of Chapter 69 1% 1% 6807 Articles
of asphalt or of similar material (for example, petroleum bitumen or
coal tar pitch) 1% 1% 6808 Panels, boards, tiles, blocks and similar
articles of vegetable fibre, of straw or of shavings, chips, particles,
sawdust or other waste, of wood, agglomerated with cement, plaster or
other mineral binders 1% 1% 6809 Articles of plaster or of compositions
based on plaster 1% 1% 6810 Articles of cement, of concrete or
of artificial stone, whether or not reinforced 1% 1% 6811 Articles
of asbestoscement, of cellulose fibrecement or the like 68113010 Asbestos
Cement Pressure Pipes/couplings KG 7.2% 1.2 1% A B Tariff Item Description
of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 151 6811000099 Others 1% 1% 6812 Fabricated asbestos fibres; mixtures
with a basis of asbestos or with a basis of asbestos and magnesium carbonate;
articles of such mixtures or of asbestos (for example, thread, woven
fabric, clothing, headgear, footwear, gaskets), whether or not reinforced,
other than goods of heading 6811 or 6813 1% 1% 6813 Friction
material and articles thereof (for example, sheets, rolls, strips, segments,
discs, washers, pads ), not mounted, for brakes, for clutches or the
like, with a basis of asbestos, of other mineral substances or of cellulose,
whether or not combined with textile or other materials 1% 1% 6814 Worked
mica and articles of mica, including agglomerated or reconstituted mica, whether
or not on a support of paper, paperboard or other materials 1% 1% 6815 Articles
of stone or of other mineral substances (including carbon fibres, articles
of carbon fibres and articles of peat), not elsewhere specified or included 1%
1% CHAPTER 69 CERAMIC PRODUCTS A B Tariff Item Description
of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 152 I. GOODS OF SILICEOUS FOSSIL MEALS OR OF SIMILAR SILICEOUS EARTHS,
AND REFRACTORY GOODS 6901 Bricks, blocks, tiles and other ceramic
goods of siliceous fossil meals (for example, kieselguhr, tripolite or
diatomite) or of similar siliceous earths 1% 1% 6902 Refractory bricks,
blocks, tiles and similar refractory ceramic constructional goods, other
than those of siliceous fossil meals or similar siliceous earths 1% 1% 6903 Other
refractory ceramic goods (for example, retorts, crucibles, muffles, nozzles,
plugs, supports, cupels, tubes, pipes, sheaths and rods), other than
those of siliceous fossil meals or of similar siliceous earths 1% 1% II.
OTHER CERAMIC PRODUCTS 6904 Ceramic building bricks, flooring blocks,
support or filler tiles and the like 1% 1% 6905 Roofing tiles, chimneypots, cowls,
chimney liners, architectural ornaments and other ceramic constructional goods 1%
1% 6906 Ceramic pipes, conduits, guttering and pipe fittings 1% 1% A
B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 153 6907 Unglazed ceramic flags and paving, hearth or
wall tiles; unglazed ceramic mosaic cubes and the like, whether or not
on a backing 1% 1% 6908 Glazed ceramic flags and paving, hearth
or wall tiles; glazed ceramic mosaic cubes and the like, whether or not
on a backing 6908909001 Ceramic Glazed Floor Tiles Coloured MT
3.4% 725 1% 6908909002 Ceramic Glazed wall Tiles MT 5.4% 1140 1% 6908000099
Others 1% 1% 6909 Ceramic wares for laboratory, chemical or other
technical uses; ceramic troughs, tubs and similar receptacles of a kind
used in agriculture; ceramic pots, jars and similar articles of a kind used
for the conveyance or packing of goods 1% 1% 6910 Ceramic sinks, wash basins,
wash basin pedestals, baths, bidets, water closet pans, flushing cisterns,
urinals and similar sanitary fixtures 1% 1% 6911 Tableware, kitchenware, other
household articles and toilet articles, of porcelain or china 1% 1% 6912 Ceramic
tableware, kitchenware, other household articles and toilet articles,
other than of porcelain or china 1% 1% 6913 Statuettes and other ornamental
ceramic articles 1% 1% 6914 Other ceramic articles 1% 1% A B Tariff
Item Description of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 154 CHAPTER 70 70 GLASS AND GLASSWARE 7001 Cullet
and other waste and scrap of glass; glass in the mass Nil Nil 7002 Glass
in balls (other than microspheres of heading 7018), rods or tubes, unworked 70023900
Lead Glass Tube KG 4% 3.7 1 % 7002000099 Others 1% 1% 7003 Cast glass
and rolled glass, in sheets or profiles, whether or not having an absorbent,
reflecting or non-reflecting layer, but not otherwise worked 70031290
Sheet Glass 1% 1% 7003000099 Others 1% 1% 7004 Drawn glass and blown glass,
in sheets, whether or not having an absorbent, reflecting or non-reflecting layer,
but not otherwise worked 1% 1% 7005 Float glass and surface ground
or polished glass, in sheets, whether or not having an absorbent, reflecting
or non-reflecting layer, but not otherwise worked 70051090 Clear Float
Glass 1% 1% 7005000099 Others 1% 1% 7006 Glass of heading 7003, 7004
or 7005, bent, edgeworked, engraved, drilled, enamelled or otherwise worked,
but not framed or fitted with other materials 1% 1% A B Tariff Item
Description of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 155 7007 Safety glass, consisting of toughened (tempered)
or laminated glass 1% 1% 7008 Multiple-walled insulating units
of glass 1% 1% 7009 Glass mirrors, whether or not framed, including rear-view
mirrors 70091090 Bicycle Mirror Piece Rs.1.2 Rs.0.3 7009000099 Others 1%
1% 7010 Carboys, bottles, flasks, jars, pots, phials, ampoules and
other containers, of glass, of a kind used for the conveyance or packing of
goods; preserving jars of glass; stoppers, lids and other closures, of glass 1%
1% 7011 Glass envelopes (including bulbs and tubes), open, and glass
parts thereof, without fittings, for electric lamps, cathode-ray tubes
or the like 1% 1% 7012 Deleted 7013 Glassware of a kind used for
table, kitchen, toilet, office, indoor decoration or similar purposes (other than
that of heading 7010 or 7018) 70133100 Hand Cut Lead Crystal Glass
ware KG 5% 14 1% 70139990 Opal Glassware and Kitchen wares KG 6.3%
11.6 1% 70139991 Jars, perfume bottle, candle plate/coasters, votive,
lotion bottle/soap dish, ornamental spheres/stars/bells KG 6.6% 30.2
Nil 7013000099 Others 1% 1% 7014 Signalling glassware and optical
elements of glass (other than those of heading 7015), not optically worked 1%
1% A B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 156 7015 Clock or watch glasses and similar glasses, for
noncorrective or corrective spectacles, curved, bent, hollowed or the
like; not optically worked; hollow glass spheres and their segments,
for the manufacture of such glasses 1% 1% 7016 Paving blocks, slabs, bricks,
squares, tiles and other articles of pressed or moulded glass, whether or not
wired, of a kind used for building or construction purposes; glass cubes
and other glass small wares, whether or not on a backing, for mosaics
or similar decorative purposes; leaded lights and the like; multi-cellular
or foam glass in blocks, panels, plates, shells or similar forms 1%
1% 7017 Laboratory, hygienic or pharmaceutical glassware, whether
or not graduated or calibrated 70179010 Laboratory Glass ware KG 6.1% 14.4
1% 7017000099 Others 1% 1% A B Tariff Item Description of goods Unit Drawback
when Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 157 7018 Glass beads, imitation pearls,
imitation precious or semi-precious stones and similar glass smallwares,
and articles thereof other than imitation jewellery; glass eyes other
than prosthetic articles; statuettes and other ornaments of lampworked glass,
other than imitation jewellery; glass microspheres not exceeding 1 mm
in diameter 70181020 Finished Glass Beads including pressed finished glass
beads KG 7.6% 18 1% 7018000099 Others 1% 1% 7019 Glass fibres (including glass
wool) and articles thereof (for example, yarn, woven fabrics) 1% 1% 7020
Other articles of glass 70200090 Glass Art ware/ Handicrafts KG 6.6% 30.2 Nil 70200091 Glass
Refills Silver Coated for Vacuum Flasks KG 7.2% 6.2 1% 7020000099 Others
1% 1% CHAPTER 71 71 NATURAL OR CULTURED PEARLS, PRECIOUS OR SEMI-PRECIOUS STONES,
PRECIOUS METALS, METALS CLAD WITH PRECIOUS METAL, AND ARTICLES THEREOF; IMITATION
JEWELLERY; COIN I. PRECIOUS OR SEMIPRECIOUS STONES 7101 Pearls, natural
or cultured, whether or not worked or graded but not strung, mounted
or set; pearls, natural or cultured, temporarily strung for convenience
of transport Nil Nil A B Tariff Item Description of goods Unit Drawback
when Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 158 7102 Diamonds, whether or not worked,
but not mounted or set Nil Nil 7103 Precious stones (other than diamonds)
and semiprecious stones, whether or not worked or graded but not strung, mounted
or set; ungraded precious stones (other than diamonds) and semiprecious stones, temporarily
strung for convenience of transport Nil Nil 7104 Synthetic or reconstructed precious
or semiprecious stones, whether or not worked or graded but not strung,
mounted or set; ungraded synthetic or reconstructed precious or semi-precious
stones, temporarily strung for convenience of transport Nil Nil 7105 Dust
and powder of natural or synthetic precious or semi-precious stones Nil
Nil II.- PRECIOUS METALS AND METALS CLAD WITH PRECIOUS METAL 7106 Silver
(including silver plated with gold or platinum), unwrought or in semi-manufactured forms,
or in powder form Nil Nil 7107 Base metals clad with silver, not further
worked than semi-manufactured Nil Nil A B Tariff Item Description
of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 159 7108 Gold (including gold plated with platinum) unwrought or
in semi-manufactured forms, or in powder form Nil Nil 7109 Base metals
or silver, clad with gold, not further worked than semimanufactured Nil
Nil 7110 Platinum, unwrought or in semi-manufactured form, or in powder
form Nil Nil 7111 Base metals, silver or gold, clad with platinum,
not further worked than semimanufactured Nil Nil 7112 Waste and scrap
of precious metal or of metal clad with precious metal; other waste and
scrap containing precious metal or precious metal compounds, of a kind
used principally for the recovery of precious metal Nil Nil III.-
JEWELLERY, GOLDSMITHSAND SILVERSMITHS WARES AND OTHER
ARTICLES 7113 Articles of jewellery and parts thereof, of precious metal
or of metal clad with precious metal 711301 Articles of jewellery
and parts thereof, made of gold Gms. Rs.30.90 per gram of net gold content (.995
or more purity) in the jewellery Rs.30.90 per gram of net
gold content (.995 or more purity) in the jewellery A B Tariff
Item Description of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 160 711302 Articles of jewellery and parts thereof, made
of silver Kg. Rs. 1545/= per kg of net silver content (.999 purity)
in the jewellery Rs.1545/= per Kg of net silver content (.999 purity)
in the jewellery 711399 Others Nil Nil 7114 Articles of goldsmiths
or silversmiths wares and parts thereof, of precious metal or of
metal clad With precious metal Nil Nil 7115 Other articles of precious metal
or of metal clad with precious metal Nil Nil 7116 Articles of natural
or cultured pearls, precious or semi-precious stones(natural, synthetic
or reconstructed) Nil Nil 7117 Imitation jewellery 7117909001 Brass
Jewellery KG Rs. 49.5 Rs.18 7117909002 Aluminium Jewellery KG Rs. 30.4 Nil 7117909003 Plastic
Imitation Jewellery with or without embellishments KG Rs. 3 Rs. 0.5 7117909004 Plastic
Bangles with or without embellishments KG Rs. 3 Rs.0.5 7117909005 Stainless
Steel Jewellery KG Rs. 21.1 Rs.1.5 7117000099 Others Nil Nil 7118 Coin Nil
Nil CHAPTER 72 72 Iron and Steel I Primary Materials; products
in granular or powder form 7201 Pig iron and spiegeleisen in pigs,
blocks or other primary forms 1% 1% A B Tariff Item Description of
goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 161 7202 Ferro alloys 1% 1% 7203 Ferrous products obtained
by direct reduction of iron ore and other spongy ferrous products, in
lumps, pellets or similar forms; iron having minimum purity by weight
of 99.94%, in lumps, pellets or similar forms 1% 1% 7204 Ferrous
waste and scrap; remelting scrap ingots of iron or steel 1% 1% 7205 Granules
and powders, of pig iron, spiegeleisen, iron or steel 1% 1% II
Iron and Non-alloy steel 7206 Iron and non-alloy steel in ingots or
other primary forms (excluding iron of heading 7203) 1% 1% 7207 Semi-finished
products of iron or non-alloy steel 1% 1% 7208 Flat-rolled products
of iron or non-alloy steel, of a width of 600 mm or more, hot-rolled,
not clad, plated or coated 1% 1% 7209 Flat-rolled products of iron
or non-alloy steel, of a width of 600 mm or more, cold-rolled (coldreduced), not
clad, plated or coated 1% 1% 7210 Flat-rolled products of iron
or non-alloy steel, of a width of 600 mm or more, clad, plated or coated 1% 1% 7211 Flat-rolled
products of iron or non-alloy steel, of a width of less than 600 mm,
not clad, plated or coated 1% 1% A B Tariff Item Description of
goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 162 7212 Flat-rolled products of iron or non-alloy steel,
of a width of less than 600 mm, clad, plated or coated 1% 1% 7213 Bars
and rods, hotrolled, in irregularly wound coils, of iron or non-alloy
steel 1% 1% 7214 Other bars and rods of iron or non-alloy steel, not
further worked than forged, hot-rolled, hotdrawn or hot-extruded, but
including those twisted after rolling 1% 1% 7215 Other bars and
rods of iron or non-alloy steel 1% 1% 7216 Angles, shapes and sections
of iron or nonalloy steel 1% 1% 7217 Wire of iron or non-alloy steel 1% 1% III.
Stainless Steel 7218 Stainless steel in ingots or other primary forms;
semifinished products of stainless steel 721801 Stainless steel in
ingots or other primary forms; semifinished products of stainless steel
(Having Ni more than 8%) 1% 1% 721802 Stainless steel in ingots or other
primary forms; semifinished products of stainless steel (having Ni more
than 4% but less than 8%) 1% 1% 721803 Stainless steel in ingots
or other primary forms; semifinished products of stainless steel(Chrome
Stainless Steel) 1% 1% 7219 Flat-rolled products of stainless steel,
of a width of 600 mm or more A B Tariff Item Description of goods Unit Drawback
when Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 163 721901 Flat-rolled products of stainless
steel, of a width of 600 mm or more (Having Ni more than 8%) 1% 1% 721902 Flat-rolled
products of stainless steel, of a width of 600 mm or more (having Ni more
than 4% but less than 8%) 1% 1% 721903 Flat-rolled products of stainless
steel, of a width of 600 mm or more (Chrome Stainless Steel) 1% 1% 721904 Stainless
steel blanks/circles (Chrome Stainless Steel) MT 8.8% 8800 1% 7220 Flat-rolled
products of stainless steel, of a width of less than 600 mm 722001 Flat-rolled
products of stainless steel, of a width of less than 600 mm(Having Ni more
than 8%) 1% 1% 722002 Flat-rolled products of stainless steel,
of a width of less than 600 mm (having Ni more than 4% but less than 8%) 1% 1% 722003 Flat-rolled
products of stainless steel, of a width of less than 600 mm(Chrome Stainless
Steel) 1% 1% 7221 Bars and rods, hot-rolled, in irregularly wound
coils, of stainless steel 722101 Bars and rods, hot-rolled, in irregularly
wound coils, of stainless steel (Having Ni more than 8%) 1% 1% 722102 Bars
and rods, hot-rolled, in irregularly wound coils, of stainless steel(having
Ni more than 4% but less than 8% 1% 1% A B Tariff Item Description
of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 164 722103 Bars and rods, hot-rolled, in irregularly wound
coils, of stainless steel(Chrome Stainless Steel) 1% 1% 7222 Other
bars and rods of stainless steel; angles, shapes and sections of stainless
steel 722201 Other bars and rods of stainless steel; angles, shapes and
sections of stainless steel (Having Ni more than 8%) 1% 1% 722202 Other
bars and rods of stainless steel; angles, shapes and sections of stainless
steel (having Ni more than 4% but less than 8%) 1% 1% 722203 Other
bars and rods of stainless steel; angles, shapes and sections of stainless steel(Chrome
Stainless Steel) 1% 1% 7223 Wire of stainless steel 722301 Wire of
stainless steel (Having Ni more than 8%) 1% 1% 722302 Wire of stainless
steel (having Ni more than 4% but less than 8%) 1% 1% 722303 Wire
of stainless steel(Chrome Stainless Steel) 1% 1% IV Other alloy steel; hollow
drill bars and rods, of alloy or non-alloy steel 7224 Other alloy
steel in ingots or other primary forms; semifinished products of other alloy
steel 1% 1% 7225 Flat-rolled products of other alloy steel, of
a width of 600 mm or more 1% 1% 7226 Flat-rolled products of other alloy
steel, of a width of less than 600 mm 1% 1% A B Tariff Item Description
of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 165 7227 Bars and rods, hot-rolled, in irregularly wound
coils, of other alloy steel 1% 1% 7228 Other bars and rods of other alloy
steel; angles, shapes and sections, of other alloy steel; hollow drill bars
and rods, of alloy or non-alloy steel 1% 1% 7229 Wire of other alloy
steel 1% 1% CHAPTER 73 73 Articles of Iron or Steel 7301 Sheet
piling of iron or steel, whether or not drilled, punched or made from assembled
elements; welded angles, shapes and sections, of iron or steel 1% 1% 7302 Railway
or tramway track construction material of iron or steel, the following:
rails, check-rails and rack rails, switch blades, crossing frogs, point
rods and other crossing pieces, sleepers (cross-ties), fish-plates, chairs,
chair wedges, sole plates (base plates), rail clips, bedplates, ties
and other material specialized for jointing or fixing rails 1% 1% 7303 Tubes,
pipes and hollow profiles, of cast iron 1% 1% 7304 Tubes, pipes
and hollow profiles, seamless, of iron (other than cast iron) or steel 1% 1% A
B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 166 7305 Other tubes and pipes (for example, welded, riveted
or similarly closed), having circular cross-sections, the external diameter
of which exceeds 406.4 mm, of iron or steel 1% 1% 7306 Other
tubes, pipes and hollow profiles (for example, open seam or welded, riveted or
similarly closed), of iron or steel 1% 1% 7307 Tube or pipe fittings
(for example, couplings, elbows, sleeves), of iron or steel MT 8.7% 7127
1% 7308 Structures (excluding prefabricated buildings of heading 9406)
and parts of structures (for example, bridges and bridge-sections, lock-gates,
towers, lattice masts, roofs, roofing frameworks, doors and windows and
their frames and thresholds for doors, shutters, balustrades, pillars and
columns), of iron or steel; plates, rods, angles, shapes, sections, tubes
and the like, prepared for use in structures, of iron or steel MT 9%
4800 1% 7309 Reservoirs, tanks, vats and similar containers for any material
(other than compressed or liquefied gas), of iron or steel, of a capacity exceeding
300 l, whether or not lined or heat-insulated, but not fitted with mechanical
or thermal equipment MT 9.3% 4950 1% A B Tariff Item Description of
goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 167 7310 Tanks, casks, drums, cans, boxes and similar
containers, for any material (other than compressed or liquefied gas), of
iron or steel, of a capacity not exceeding 300l, whether or not lined or
heatinsulated, but not fitted with mechanical or thermal equipment 731001 Tanks,
casks, drums, cans, boxes and similar containers, for any material (other
than compressed or liquefied gas), of iron or steel, of a capacity not
exceeding 300l, whether or not lined or heat-insulated, but not fitted with
mechanical or thermal equipment MT 9.3% 5315 1% 731002 Tanks, casks,
drums, cans, boxes and similar containers, for any material (other than compressed
or liquefied gas), of iron or steel, of a capacity not exceeding 300l, whether
or not lined or heat-insulated, but not fitted with mechanical or thermal
equipment (of Tinplate) MT 9% 5915 1% 7311 Containers for compressed or
liquefied gas, of iron or steel MT 9.3% 6594 1% 7312 Stranded wire,
ropes, cables, plaited bands, slings and the like, of iron or steel, not electrically
insulated MT 9% 4500 1% 7313 Barbed wire of iron or steel; twisted
hoop or single flat wire, barbed or not, and loosely twisted double wire, of
a kind used for fencing of iron or steel MT 8.4% 4805 1% 7314 Cloth
(including endless bands), Grill, netting and fencing, of iron or steel
wire; expanded metal of iron or steel KG 9% 4.9 1% A B Tariff Item
Description of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 168 7315 Chain and parts thereof, of iron or steel KG
9.3% 6.9 1% 7316 Anchors, grapnels and parts thereof, of iron or steel KG
9% 5.3 1% 7317 Nails, tacks, drawing pins, corrugated nails, staples (other
than those of heading 8305) and similar articles, of iron or steel, whether
or not with heads of other material, but excluding such articles with
heads of copper KG 9% 5.3 1% 7318 Screws, bolts, nuts, coachscrews, screw
hooks, rivets, cotters, cotter-pins, washers (including spring washers) and
similar articles, of iron or steel KG 9% 5.3 1% 7319 Sewing needles,
knitting needles, bodkins, crochet hooks, embroidery stilettos and similar
articles, for use in the hand, of iron or steel; safety pins and other pins,
of iron or steel, not elsewhere specified or included KG 8.7% 7.6 1% 7320 Springs
and leaves for springs, of iron or steel KG 8.7% 4.9 1% 7321 Stoves,
ranges, grates, cookers (including those with subsidiary boilers for central heating),
barbecues, braziers, gas-rings, plate warmers and similar nonelectric domestic
appliances, and parts thereof, of iron or steel KG 9.3% 6.2 1% 7322 Radiators
for central heating, not electrically heated, and parts thereof, of iron
or steel; air heaters and hot air distributors (including distributors which can
also distribute fresh or conditioned air), not electrically heated, KG
9.3% 5.6 1% A B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 169 incorporating a motordriven fan or blower, and parts
thereof, of iron or steel 7323 Table, kitchen or other household articles
and parts thereof, of iron or steel; iron or steel wool; pot scourers and
scouring or polishing pads, gloves and the like, of iron or steel 732301 of
stainless steel with nickel content of 8% and above KG 8.8% 37 1% 732302 Copper
bottom or aluminium brazed or aluminium clad stainless steel utensils with nickel
content of 8% and above KG 8.8% 37 1% 732303 Copper bottom or aluminium brazed
or aluminium clad stainless steel utensils with nickel content less than
8% KG 8.8% 22 1% 732304 of stainless steel with nickel content less
than 8% KG 8.8% 20 1% 732399 Others KG 8.8% 10 1% 7324 Sanitary ware
and parts thereof, of iron or steel KG 5.9% 6.7 1% 7325 Other cast
articles of iron or steel 732501 of iron KG 5.9% 6.7 1% 732502 of steel
KG 5.9% 7.1 1% 7326 Other articles of iron and steel 732601 Handicrafts/
Artware of cast Iron KG 8.8% 14 1% 732602 Other Handicrafts/ Artware
of iron and steel KG 8.8% 14 1% 732603 Handicrafts/ Artware of Iron with
or without plating / coating, galvanized or otherwise, with Brass KG
9.1% 14 1% 732604 Non-Alloy/carbon steel unmachined forgings(rough)/ semi-finished
(excluding flanges and grinding media balls) KG 8.3% 11 1% A B Tariff
Item Description of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 170 732605 Alloy steel forgings(rough)/ unmachined / semi-finished (excluding
flanges and grinding media balls) KG 8.3% 22 1% 732606 Handicraft/Artware
of stainless steel KG 8.8% 30 1% 7326009 Other articles KG 5.9% 6.7 1% CHAPTER
74 74 Copper and articles thereof 7401 Copper mattes; cement copper
(precipitated copper) 1% 1% 7402 Unrefined copper; copper anodes for
electrolytic refining 1% 1% 7403 Refined copper and copper alloys,
unwrought MT 2% 7500 2% 7500 7404 Copper waste and scrap NIL Nil 7405
Master alloys of copper 740501 Brass MT 2.9% 9800 2.9% 9800 740502 Bronze
MT 2.6% 13500 2.6% 13500 740503 Phospher Bronze MT 2.9% 24000 2.9% 24000 7406
Copper powders and flakes MT 2% 7800 2.2% 7800 7407 Copper bars, rods and profiles MT
2% 8300 2.2% 8300 7408 Copper wire KG 2% 9.8 2.2% 9.8 7409 Copper plates,
sheets and strip, of a thickness exceeding 0.15 mm KG 2% 8.3 2.2% 8.3 7410 Copper
foil (whether or not printed or backed with paper, perboard , plastics or similar
backing materials) of a thickness (excluding any backing) not exceeding
0.15 mm KG 2% 8.3 2.2% 8.3 7411 Copper tubes and pipes KG 2.3% 11.5 2.3%
11.5 7412 Copper tube or pipe fittings (for example, couplings, elbows,
sleeves) 741201 Brass Bushes KG 11% 83 1% A B Tariff Item Description
of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 171 741202 Others KG 2.3% 22.5 2.3% 22.5 7413 Stranded
wire, cables, plated bands and the like, of copper, not electrically insulated KG
2% 8.4 2% 8.4 7414 Deleted 7415 Nails, tacks, drawing pins, staples
(other than those of heading 8305) and similar articles, of copper or of
iron or steel with heads of copper; screws, bolts, nuts, screw hooks,
rivets, cotters, cotterpins, washers (including spring washers) and similar articles,
of copper KG 2% 10 2% 10 7416 Deleted 7417 Deleted 7418 Table,
kitchen or other household articles and parts thereof, of copper; pot scourers
and scouring or polishing pads, gloves and the like, of copper; sanitary ware
and parts thereof 741801 of copper KG 11% 100 1% 741802 of brass and
other copper alloys KG 11% 83 1% 7419 Other articles of copper 741901
Other articles of copper KG 11% 100 1% 741902 Other articles of brass KG 11%
83 1% 741903 Artware / Handicraft of Brass KG 11% 83 1% 741904 Artware /
Handicraft of copper KG 11% 100 1% 741905 Cloth (including endless bands),
grill and netting, of copper wire; expanded metal of copper KG 2.3% 9.8
2.3% 9.8 741906 Copper springs KG 2% 9 2% 9 CHAPTER 75 75 Nickel
and articles thereof A B Tariff Item Description of goods Unit Drawback
when Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 172 7501 Nickel mattes, nickel oxide sinters
and other intermediate products of nickel metallurgy 1% 1% 7502 Unwrought
nickel 1% 1% 7503 Nickel waste and scrap NIL NIL 7504 Nickel powders and
flakes 1% 1% 7505 Nickel bars, rods, profiles and wire 1% 1% 7506 Nickel
plates, sheets, strip and foil 1% 1% 7507 Nickel tubes, pipes and
tube or pipe fittings (for example, couplings, elbows, sleeves) 1% 1% 7508
Other articles of nickel 1% 1% CHAPTER 76 76 Aluminium and articles
thereof 7601 Unwrought aluminium 1% 1% 7602 Aluminium waste and scrap Nil
Nil 7603 Aluminium powders and flakes 1% 1% 7604 Aluminium bars,
rods and profiles 1% 1% 7605 Aluminium wire 1% 1% 7606 Aluminium
plates, sheets and strip, of a thickness exceeding 0.2 mm 1% 1% 7607 Aluminium
foil (whether or not printed or backed with paper, paperboard, plastics or
similar backing materials) of a thickness (excluding any backing) not exceeding 0.2mm 1%
1% 7608 Aluminium tubes and pipes 1% 1% 7609 Aluminium tube or pipe fittings
(for example, couplings, elbows, sleeves) 1% 1% A B Tariff Item Description
of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 173 7610 Aluminium structures (excluding prefabricated buildings
of heading 9406) and parts of structures (for example, bridges and bridgesections, towers,
lattice masts, roofs, roofing frameworks, doors and windows and their
frames and thresholds for doors, balustrades, pillars and columns); aluminium
plates, rods, profiles, tubes and the like, prepared for use in structures 1%
1% 7611 Aluminium reservoirs, tanks, vats and similar containers, for
any material (other than compressed or liquefied gas), of a capacity exceeding
300l, whether or not lined or heatinsulated, but not fitted with mechanical
or thermal equipment 1% 1% 7612 Aluminium casks, drums, cans, boxes
and similar containers (including rigid or collapsible tubular containers),
for any material (other than compressed or liquefied gas), of a capacity not
exceeding 300l, whether or not lined or heatinsulated, but not fitted with mechanical
or thermal equipment 1% 1% 7613 Aluminium containers for compressed
or liquefied gas 1% 1% 7614 Stranded wire, cables, plaited bands and
the like, of aluminium, not electrically insulated 1% 1% A B Tariff
Item Description of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 174 7615 Table, kitchen or other household articles and
parts thereof, of aluminium; pot scourers and scouring or polishing pads,
gloves and the like, of aluminium; sanitary ware and parts thereof, of
aluminium KG 5.7% 15.5 1% 7616 Other articles of aluminium 761601 Aluminum Artware/Handicrafts KG
6.4% 26 1% 761602 others KG 5.7% 15.5 1% CHAPTER 78 78 Lead and
articles thereof 7801 Unwrought lead MT 3.6% 1944 3.6% 1944 7802 Lead waste
and scrap NIL NIL 7803 Deleted 7804 Lead plates, sheets, strip and foil;
lead powders and flakes MT 3.1% 2772 3.1% 2772 7805 Deleted 7806 Other
articles of lead MT 2.2% 2710 2.2% 2710 CHAPTER 79 79 Zinc and articles
thereof 7901 Unwrought zinc 1% 1% 7902 Zinc waste and scrap NIL NIL 7903 Zinc
dust, powders and flakes 1% 1% 7904 Zinc bars, rods, profiles and wire 1%
1% 7905 Zinc plates, sheets, strip and foil 1% 1% 7906 Deleted 7907
Other articles of zinc 1% 1% A B Tariff Item Description of goods Unit Drawback
when Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 175 CHAPTER 80 80 Tin and
articles thereof 8001 Unwrought tin 5.3% 5.3% 8002 Tin waste and scrap Nil
Nil 8003 Tin bars, rods, profiles and wire KG 4.4% 43.7 4.4% 43.7 8004
Deleted 8005 Deleted 8006 Deleted 8007 other articles of tin 800701 Tin
plates, sheets and strip, of a thickness exceeding 0.2 mm KG 4.5% 45.5 4.5%
45.5 800702 Tin foil (whether or not printed or backed with paper, paperboard,
plastics or similar backing materials), of a thickness (excluding any backing)
not exceeding 0.2 mm; tin powers and flakes KG 4% 41 4% 41 800703 Tin
tubes, pipes and tube or pipe fittings (for example, couplings, elbows,
sleeves) KG 4% 41 4% 41 800799 other Nil Nil CHAPTER 81 81
Other base metals; cermets articles thereof 8101 Tungsten (wolfram) and articles
thereof, excluding waste and scrap 1% 1% 8102 Molybdenum and articles thereof
, excluding waste and scrap 1% 1% 8103 Tantalum and articles thereof ,excluding
waste and scrap 1% 1% A B Tariff Item Description of goods Unit Drawback
when Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 176 8104 Magnesium and articles thereof,
excluding waste and scrap 1% 1% 8105 Cobalt mattes and other intermediate
products of cobalt metallurgy; cobalt and articles thereof, excluding waste
and scrap 1% 1% 8106 Bismuth and articles thereof, excluding waste
and scrap 1% 1% 8107 Cadmium and articles thereof, excluding waste
and scrap 1% 1% 8108 Titanium and articles thereof, excluding waste
and scrap 1% 1% 8109 Zirconium and articles thereof, excluding waste
and scrap 1% 1% 8110 Antimony and articles thereof, excluding waste
and scrap 1% 1% 8111 Manganese and articles thereof , excluding
waste and scrap 1% 1% 8112 Beryllium, chromium, germanium, vanadium, gallium,
hafnium, indium, niobium (columbium), rhenium and thallium, and articles
of these metals, excluding waste and scrap 1% 1% 8113 Cermets and
articles thereof, excluding waste and scrap 1% 1% CHAPTER 82 82 Tools,
implements, cutlery, spoons and forks, of base metal; parts thereof of base metal A
B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 177 8201 Hand tools, the following: spades, shovels, mattocks, picks,
hoes, forks and rakes; axes, bill hooks and similar hewing tools; secateurs
and pruners of any kind; scythes, sickles, hay knives, hedge shears, timber
wedges and other tools of a kind used in agriculture, horticulture or forestry KG
7.1% 5.3 1% 8202 Hand saws; blades for saws of all kinds (including slitting,
slotting or toothless saw blades) KG 6% 4.7 1% 8203 Files, rasps,
pliers (including cutting pliers), pincers, tweezers, metal cutting shears,
pipecutters, bolt croppers, perforating punches and similar hand tools KG
8.7% 13.6 1% 8204 Hand-operated spanners and wrenches (including torque
meter wrenches but not including tap wrenches); interchangeable spanner sockets,
with or without handles 820401 Coated or plated with Nickel KG 8.4% 12.6
1% 820402 Others KG 8.4% 9.6 1% 8205 Hand tools (including glaziers
diamonds), not elsewhere specified or included; blow lamps; vices; clamps
and the like, other than accessories for and parts of, machine tools;
anvils; portable forges; hand or pedaloperated grinding wheels with frameworks KG
8.4% 13.2 1% A B Tariff Item Description of goods Unit Drawback when
Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 178 8206 Tools of two or more of
the headings 8202 to 8205, put up in sets for retail sale KG 8.4% 13.2 1% 8207 Interchangeable
tools for hand tools, whether or not power-operated, or for machine
tools (for example, for pressing, stamping, punching, tapping, threading, drilling,
boring, broaching, milling, turning or screw driving), including dies for drawing
or extruding metal, and rock drilling or earth boring tools 820701 of
high speed steel KG 8.4% 36 1% 820702 others KG 8.4% 13.2 1% 8208 Knives
and cutting blades, for machines or for mechanical appliances KG 6% 4.8
1% 8209 Plates, sticks, tips and the like for tools, unmounted, of cermets 1%
1% 8210 Hand-operated mechanical appliances, weighing 10 kg or less,
used in the preparation, conditioning or serving of food or drink KG
6% 4.8 1% 8211 Knives with cutting blades, serrated or not (including pruning
knives), other than knives of heading 8208, and blades therefor 821101
of stainless steel KG 8.8% 20 1% 821102 others KG 6% 6 1% 8212 Razors
and razor blades (including razor blanks in strips) KG 6% 20 1% 8213 Scissors,
tailors shears and similar shears, and blades therefore KG 7.3%
9.5 1% 1.3 A B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 179 8214 Other articles of cutlery (for example, hair
clippers, butchers or kitchen cleavers, choppers and mincing knives,
paper knives); manicure or pedicure sets and instruments (including nail files) 821401
of stainless steel KG 8.8% 20 1% 821402 Others KG 6% 9.3 1% 8215 Spoons,
forks, ladles, skimmers, cake-servers, fish-knives, butter-knives, sugar
tongs and similar kitchen or tableware 821501 of stainless steel KG 8.8%
20 1% 821502 Others KG 6% 9.3 1% CHAPTER 83 83 Miscellaneous articles
of base metal 8301 Padlocks and locks (key, combination or electrically operated),
of base metal; clasps and frames with clasps, incorporating locks, of
base metal; keys for any of the foregoing articles, of base metal 830101
Brass KG 11 83 1% 830102 Others KG 8.3% 7.4 1% A B Tariff Item Description
of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 180 8302 Base metal mountings, fittings and similar articles suitable
for furniture, doors, staircases, windows, blinds, coachwork, saddlery,
trunks, chests, caskets or the like; base metal hat-racks, hat-pegs, brackets
and similar fixtures; castors with mountings of base metal; automatic
door closures of base metal 830201 Brass builder Hardware KG 11% 83 1% 830202
Others KG 6.7 % 7.4 1% 8303 Armoured or reinforced safes, strong boxes
and doors and safe deposit lockers for strong-rooms, cash or deed boxes
and the like, of base metal KG 6.7 % 7.4 1% 8304 Filing, cabinets,
card-index cabinets, paper trays, paper rests, pen trays, office-stamp stands
and similar office or desk equipment, of base metal, other than office furniture
of heading 9403 KG 6.7 % 7.4 1% 8305 Fittings for loose-leaf binders or
files, letter clips, letter corners, paper clips, indexing tags and similar
office articles, of base metal; staples in strips (for example, for offices,
upholstery, packaging), of base metal KG 6.7 % 7.4 1% 8306 Bells,
gongs and the like, non-electric, of base metal; statuettes and other ornaments,
of base metal; photograph, picture or similar frames, of base metal;
mirrors of base metal A B Tariff Item Description of goods Unit Drawback
when Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 181 830601 of brass and other copper alloys KG
11% 83 1% 830602 of copper KG 11% 100 1% 830603 of iron and steel KG 8.8%
14 1% 830604 of aluminium KG 6.4% 26 1% 830699 Others KG 6.2% 6.7 1% 8307 Flexible
tubing of base metal, with or without fittings KG 7.6% 5.3 1 % 8308 Clasps,
frames with clasps, buckles, buckle-clasps, hooks, eyes, eyelets and the like,
of base metal, of a kind used for clothing, footwear, awnings, handbags,
travel goods or other made up articles; tubular or bifurcated rivets,
of base metal; beads and spangles, of base metals KG 6.7% 6.7 1% 8309 Stoppers,
caps and lids (including crown corks, screw caps and pouring stoppers),
capsules for bottles, threaded bungs, bung covers, seals and other packing
accessories, of base metal 830901 Of Aluminium KG 7.9% 12.1 1% 830902
Others KG 6.7% 6.7 1% 8310 Sign-plates, name-plates, address-plates and
similar plates, numbers, letters and other symbols, of base metal, excluding
those of heading 9405 831001 of Brass KG 11 83 1% 831002 Others KG 8.3%
7.9 1% A B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 182 8311 Wire, rods, tubes, plates, electrodes and similar products,
of base metal or of metal carbides, coated or cored with flux material,
of a kind used for soldering, brazing, welding or deposition of metal
or of metal carbides; wire and rods, of agglomerated base metal powder,
used for metal spraying 1% 1% CHAPTER 84 84 Nuclear reactors,
boilers, machinery and mechanical appliances; parts thereof 8401 Nuclear
reactors; fuel elements (cartridges), nonirradiated, for nuclear reactors;
machinery and apparatus for isotopic separation Nil Nil 8402 Steam
or other vapour generating boilers (other than central heating hot water boilers
capable also of producing low pressure steam); super-heated water boilers 1%
1% 8403 Central heating boilers other than those of heading 8402 1%
1% 8404 Auxiliary plant for use with boilers of heading 8402 or 8403
(for example, economisers, super-heaters, soot removers, gas recoverers);
condensers for steam or other vapour power units 1% 1% A B Tariff
Item Description of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 183 8405 Producer gas or water gas generators, with or
without their purifiers; acetylene gas generators and similar water process
gas generators, with or without their purifiers 1% 1% 8406 Steam turbines
and other vapour turbines 1% 1% 8407 Spark-ignition reciprocating or
rotary internal combustion piston engines 1% 1% 8408 Compression-ignition
internal combustion piston engines (diesel or semi-diesel engines) 1%
1% 8409 Parts suitable for use solely or principally with the engines
of heading 8407 or 8408 1% 1% 8410 Hydraulic turbines, water wheels,
and regulators therefor 1% 1% 8411 Turbo-jets, turbo-propellers and
other gas turbines 1% 1% 8412 Other engines and motors 1% 1% 8413 Pumps
for liquids, whether or not fitted with a measuring device; liquid elevators 841301 Deep
Well Hand pump complete without connecting Rods with/ without spares & Tools(Net
weight of pump minimum 70 Kg) No. 3% 720 1% A B Tariff Item Description
of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 184 841302 Deepwell hand pump with connecting rods. No
(net wt of pump minimum 96.37 kg 3% 900 1% 841303 Power driven
centrifugal Pump with motor or frame size 1071 (0.5HP). No. 3% 148.5
1% 841304 Power driven centrifugal pump with motor of frame size 1063 (0.5HP). No.
3% 95.4 1% 841305 Power driven centrifugal pump with 0.75 HP motor. No.
3% 288 1% 841306 Power driven centrifugal pump with 1HP motor. No.
3% 252 1% 841307 Submersible Water pump sets comprising of Pumps, Motors, Pumpsets
& Accessories thereof such as cable, control panels & pipes (Capacity
from 30 to 90 HP) (Minimum export product weight not less than 237.4 Kgs.) 1%
1% 841308 Submersible water pump sets comprising of Pumps, Motors, Pumpsets
& Accessories thereof such as cable, control panels & pipes (capacity
from 7.5 to 30 HP) (Minimum export product weight not less than 99.5 Kgs.) 1%
1% 841309 Submersible Water Pumps Set comprising of Motors, Pumpsets
& Accessories thereof such as cable, control penals & pipes (capacity
upto 7.5 HP) 1% 1% 841310 Others 1% 1% A B Tariff Item Description
of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 185 8414 Air or vacuum pumps, air or other gas compressors
and fans; ventilating or recycling hoods incorporating a fan, whether
or not fitted with filters 841401 Hermatically sealed Compressors
for airconditioning using R-22 refrigent gas unit 6.1% 270 6.1% 270 841402 Hermatically
sealed Compressors for refrigerators and commercial refrigeration applications
using eco friendly gases unit 5% 54 5% 54 841403 Bicycle Pump unit 8.8%
12.5 1% 841499 others 1% 1% 8415 Air conditioning machines, comprising
a motor-driven fan and elements for changing the temperature and humidity,
including those machines in which the humidity cannot be separately regulated 1%
1% 8416 Furnace burners for liquid fuel, for pulverised solid fuel or
for gas; mechanical stokers,including their mechanical grates, mechanical
ash dischargers and similar appliances 1% 1% 8417 Industrial or laboratory furnaces
and ovens, including incinerators, non-electric 1% 1% A B Tariff Item
Description of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 186 8418 Refrigerators, freezers and other refrigerating
or freezing equipment, electric or other; heat pumps other than air conditioning
machines of heading 8415 1% 1% 8419 Machinery, plant or laboratory
equipment, whether or not electrically heated (excluding furnaces, ovens
and other equipment of heading 8514), for the treatment of materials by
a process involving a change of temperature such as heating, cooking,
roasting, distilling, rectifying, sterilising pasteurising, steaming, drying,
evaporating, vapourising, condensing or cooling, other than machinery or
plant of a kind used for domestic purposes; instantaneous or storage water
heaters, non-electric 1 % 1% 8420 Calendering or other rolling machines,
other than for metals or glass, and cylinders therefor 1 % 1% 8421 Centrifuges,
including centrifugal dryers; filtering or purifying machinery and apparatus,
for liquids or gases 1% 1% A B Tariff Item Description of goods Unit Drawback
when Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 187 8422 Dish washing machines; machinery
for cleaning or drying bottles or other containers; machinery for filling,
closing, sealing or labelling bottles, cans, boxes, bags or other containers; machinery
for capsuling bottles, jars, tubes and similar containers; other packing
or wrapping machinery (including heat-shrink wrapping machinery); machinery
for aerating beverages 1 % 1% 8423 Weighing machinery (excluding
balances of a sensitivity of 5 centigrams or better), including weight operated
counting or checking machines; weighing machine weights of all kinds 842301
Cast Iron Weights KG 6.7% 5.8 1% 842302 Others 1 % 1% 8424 Mechanical
appliances (whether or not handoperated) for projecting, dispersing or
spraying liquids or powders; fire extinguishers, whether or not charged;
spray guns and similar appliances; steam or sand blasting machines and similar
jet projecting machines 1% 1% 8425 Pulley tackle and hoists other than
skip hoists; winches and capstans; jacks 1% 1% 8426 Ships derricks;
cranes including cable cranes; mobile lifting frames, straddle carriers and
works trucks fitted with a crane 1% 1% 8427 Fork-lift trucks; other
works trucks fitted with lifting or handling equipment 1% 1% A B Tariff
Item Description of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 188 8428 Other lifting, handling, loading or unloading
machinery ( for example, lifts, escalators, conveyors, teleferics) 1%
1% 8429 Self-propelled bulldozers, angledozers, graders, levellers, scrapers,
mechanical shovels, excavators, shovel loaders, tamping machines and road rollers 1%
1% 8430 Other moving, grading, leveling, scrapping, excavating, tamping,
compacting, extracting or boring machinery, for earth, minerals or ores;
pile-drivers and pileextractors; snow-ploughs and snow-blowers 1% 1% 8431 Parts
suitable for use solely or principally with the machinery of headings 8425
to 8430 1% 1% 8432 Agricultural, horticultural or forestry machinery
for soil preparation or cultivation; lawn or sports-ground rollers 843201
Tiller Left Hand or Right Hand MT 6.7% 4355 1% 843202 Tail Wheel (Rubber Wheel
made of Steel MT 6.7% 3350 1% 843203 Harrow Disc/Disc Blade (Plain) MT
7.3% 4265 1% 843204 Harrow Disc (Notched) MT 7.9% 4877 1% 843205 Others
1 % 1% 8433 Harvesting or threshing machinery, including straw or fodder
balers; grass or hay mowers; machines for cleaning, sorting or grading eggs,
fruit or other agricultural produce, other than machinery of heading 8437 1%
1% 8434 Milking machines and dairy machinery 1% 1% 8435 Presses,
crushers and similar machinery used in the manufacture of wine, cider, fruit
juices or similar beverages 1% 1% A B Tariff Item Description of goods
Unit Drawback when Cenvat facility has not been availed Drawback when
Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 189 8436 Other agricultural, horticultural, forestry,
poultrykeeping or bee-keeping machinery, including germination plant
fitted with mechanical or thermal equipment; poultry incubators and brooders 1%
1% 8437 Machines for cleaning, sorting or grading seed, grain or dried leguminous
vegetables; machinery used in the milling industry or for the working of cereals
or dried leguminous vegetables, other than farmtype machinery 1% 1% 8438 Machinery,
not specified or included elsewhere in this Chapter, for the industrial preparation
or manufacture of food or drink, other than machinery for the extraction or
preparation of animal or fixed vegetable fats or oils 1% 1% 8439 Machinery
for making pulp of fibrous cellulosic material or for making or finishing
paper or paperboard 1% 1% 8440 Book-binding machinery, including
book-sewing machines 1% 1% 8441 Other machinery for making up paper
pulp, paper or paper board, including cutting machines of all kinds 1%
1% 8442 Machinery, apparatus and equipment (other than the machine-tools
of headings 8456 to 8465), for preparing or making plates, printing components;
plates, cylinders and other printing components; plates, cylinders and
other printing components; plates, cylinders and lithographic stones, A
B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 190 prepared for printing purposes (for example, planed,
grained or polished) 844201 Textile Machinery Spare parts: perforated
Nickel Screen 1% 1% 844202 others 1% 1% 8443 Printing machinery used
for printing by means of plates, cylinders and other printing components
of heading 8442; other printers, copying machines and facsimile machines
whether or not combined, parts and accessories thereof. 844301 Facsimile
machines 3% 3% 844302 Copying machines 4% 1% 844399 Others 1% 1% 8444 Machines
for extruding, drawing, texturing or cutting man-made textile materials 1%
1% 8445 Machines for preparing textile fibres; spinning, doubling or twisting
machines and other machinery for producing textile yarns; textile reeling
or winding (including weftwinding) machines and machines for preparing
textile yarns for use on the machines of heading 8446 or 8447 1% 1% 8446
Weaving machines (looms) 1% 1% 8447 Knitting machines, stichbonding machines
and machines for making gimped yarn, tulle, lace, embroidery, trimmings,
braid or net and machines for tufting 1% 1% A B Tariff Item Description
of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 191 8448 Auxiliary machinery for use with machines of
headings 8444, 8445, 8446 or 8447 (for example, dobbies, jacquaards, automatic
stop motions, shuttle changing mechanisms); parts and accessories suitable
for use solely or principally with the machines of this heading or of headings
8444, 8445, 8446 or 8447 (for example, spindles and spindle flyers, card clothing,
combs, extruding nipples, shuttles, healds and heald frames, hosiery needles) 1%
1% 8449 Machinery for the manufacture or finishing of felt or non-wovens
in the piece or in shapes, including machinery for making felt hats; blocks
for making hats 1% 1% 8450 Household or laundry-type washing machines,
including machines which both wash and dry 1% 1% 8451 Machinery
(other than machines of heading 8450) for washing, cleaning, wringing, drying,
ironing,pressing (including fusing presses), bleaching, dyeing, dressing, finishing,
coating or impregnating textile yarns, fabrics or made up textile articles
and machines forapplying the paste to the base fabric or other support used
in the manufacture of floor coverings such as linoleum; machines for reeling, unreeling,
folding, cutting or pinking textile fabrics 1% 1% A B Tariff Item
Description of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 192 8452 Sewing machines, other than book-sewing machines
of heading 8440; furniture, bases and covers specially designed for sewing
machines; sewing machine needles 1% 1% 8453 Machinery for preparing, tanning
or working hides, skins or leather or for making or repairing footwear or
other articles of hides, skins or leather, other than sewing machines 1%
1% 8454 Converters, ladles, ingot moulds and casting machines, of
a kind used in metallurgy or in metal foundries 1% 1% 8455 Metal-rolling
mills and rolls therefore 1% 1% 8456 Machine-tools for working any material
by removal of material, by laser or other light or photon beam, ultra-sonic, electro-discharge,
electrochemical, electron beam, ionicbeam or plasma arc processes 1%
1% 8457 Machining centres, unit construction machines (single station)
and multi-station transfer machines for working metal 1% 1% 8458 Lathes
(including turning centres) for removing metal 1% 1% 8459 Machine-tools
(including waytype unit head machines) for drilling, boring, milling, treading
or tapping by removing metal, other than lathes (including turning centres)
of heading 8458 1% 1% A B Tariff Item Description of goods Unit Drawback
when Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 193 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 1%
1% 8461 Machine-tools for planing, shaping, slotting, broaching, gear
cutting, gear grinding or gear finishing, sawing, cuttingoff and other machine
tools working by removing metal,or cermets, not elsewhere specified or
included 1% 1% 8462 Machine-tools (including presses) for working
metal by forging, hammering or diestamping; machine-tools (including
presses) for working metal by bending, folding, straightening, flattening, shearing,
punching or notching; presses for working metal or metal carbides not specified
above 1% 1% 8463 Other machine-tools for working metal, or cermets, without
removing material 1% 1% 8464 Machine-tools for working stone, ceramics,
concrete, asbestos- cement or like mineral materials or for cold working
glass 1% 1% 8465 Machine-tools (including machines for nailing, stapling, glueing
or otherwise assembling) for working wood, cork, bone, hard rubber, hard plastics
or similar hard materials 1% 1% A B Tariff Item Description of goods
Unit Drawback when Cenvat facility has not been availed Drawback when
Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 194 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 machine-tools; tool holders for any type of tool, for working in
the hand 1% 1% 8467 Tools for working in the hand, pneumatic, hydraulic
or with self-contained electric or non-electric motor 1% 1% 8468 Machinery
and apparatus for soldering, brazing or welding, whether or not capable
of cutting, other than those of heading 8515; gas-operated surface tempering
machines and appliances 1% 1% 8469 Typewriters other than printers
of heading 8443; word-processing machines 1% 1% 8470 Calculating machines
and pocket-size data recording, reproducing and displaying machines with
calculating functions; accounting machines, postage-franking machines,
ticket-issuing machines and similar machines, incorporating a calculating
device; cash registers 1% 1% 8471 Automatic data processing machines
and units thereof; magnetic or optical readers, machines for transcribing data
on to data media in coded form and machines for processing such data, not elsewhere
specified or included 1% 1% A B Tariff Item Description of goods Unit Drawback
when Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 195 8472 Other office machines (for example,
hectograph or stencil duplicating machines, addressing machines, automatic
bank note dispensers, coin sorting machines, coin counting or wrapping
machines, pencilsharpening machines, perforating or stapling machines) 1%
1% 8473 Parts and accessories (other than covers, carrying cases and
the like) suitable for use solely or principally with machines of headings
8469 to 8472 1% 1% 8474 Machinery for sorting, screening, separating, washing,
crushing, grinding, mixing or kneading earth, stone, ores or other mineral substances,
in solid (including powder or paste) form; machinery for agglomerating, shaping
or moulding solid mineral fuels, ceramic paste, unhardened cements, plastering
materials or other mineral products in powder or paste form; machines for forming
foundry moulds of sand 1% 1% 8475 Machines for assembling electric
or electronic lamps, tubes or valves or flash-bulbs, in glass envelopes;
machines or manufacturing or hot working glass or glassware 1% 1% 8476 Automatic
goods-vending machines (for example, postage stamps, cigarette, food
or beverage machines), including money changing machines 1% 1% A B Tariff
Item Description of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 196 8477 Machinery for working rubber or plastics or for
the manufacture of products from these materials, not specified or included
elsewhere in this Chapter 1% 1% 8478 Machinery for preparing or making
up tobacco, not specified or included elsewhere in this Chapter 1% 1% 8479 Machines
and mechanical appliances having individual functions, not specified or included
elsewhere in this Chapter 1% 1% 8480 Moulding boxes for metal foundry;
mould bases; moulding patterns; moulds for metal (other than ingot moulds),
metal carbides, glass, mineral materials, rubber or plastics 1% 1% 8481 Taps,
cocks, valves and similar appliances for pipes, boilers shells, tanks, vats
or the like, including pressurereducing valves and thermostatically controlled valves 848101
of Brass/Gun metal KG 7.3% 43.1 2.2% 13 848102 Others 1% 1% 8482 Ball or
roller bearings 848201 Ball or Roller Bearings 1% 1% Parts 848202 Parts
of Ball or Roller Bearings, made of brass KG 3% 83 1% 848299 Others 1%
1% A B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 197 8483 Transmission shafts (including cam shafts and crank
shafts) and cranks; bearing housings and plain shaft bearings; gears and gearing;
ball or roller screws; gear boxes and other speed changers, including torque converters;
flywheels and pulleys, including pulley blocks; clutches and shaft couplings
(including universal joints) 848301 Cam Shaft KG 7.6% 12.6 2.5% 4.1 848302 Wheel
Pulley MB with ZP Lever (Lever plated with Zinc and wheel Pulley Painted) KG
7.6% 12.6 2.5% 4.1 848303 Cam KG 7.6% 12.6 2.5% 4.1 848304 Crank Shaft (for
four wheelers) KG 7.6% 12.6 2.5% 4.1 848305 Crank Shaft (for two wheelers)
KG 7.6% 12.6 2.5% 4.1 848306 Others 1% 1% 8484 Gaskets and similar joints
of metal sheeting combined with other material or of two or more layers
of metal; sets or assortments of gaskets and similar joints, dissimilar
in composition, put up in pouches, envelopes or similar packings; mechanical
seals 6.9% 6.9% 8485 Deleted 8486 Machines and apparatus of a kind
used solely or principally for the manufacture of semiconductor boules or
wafers, semi conductor devices, electronic integrated circuits or flat
panel displays; machines and apparatus specified in note 9(c) to this chapter;
parts and accessories. 1% 1% A B Tariff Item Description of goods
Unit Drawback when Cenvat facility has not been availed Drawback when
Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 198 8487 Machinery parts, not containing electrical connectors,
insulators, coils, contacts or other electrical features, not specified
or included elsewhere in this chapter 1% 1% CHAPTER 85 85.
Electrical machinery and equipment and parts thereof ; sound recorders and reproducers, television
image and sound recorders and reproducers, and parts and accessories of such articles 8501 Electric
motors and generators (excluding generating sets) 1% 1% 8502 Electric
generating sets and rotary converters 1% 1% 8503 Parts suitable for
use solely or principally with the machines of heading 8501 or 8502 1%
1% 8504 Electrical transformers, static converters (for example, rectifiers)
and inductors 1% 1% 8505 Electro-magnets; permanent magnets and
articles intended to become permanent magnets after magnetisation; electromagnetic or
permanent magnet chucks, clamps and similar holding devices; Electro-magnetic
couplings, clutches and brakes; electromagnetic lifting heads 850501
Soft ferrite component 1% 1% 850502 others 1% 1% 8506 Primary cells and
primary batteries 1% 1% 8507 Electric accumulators, including separators
therefor, whether or not rectangular (including square) 1% 1% A B Tariff
Item Description of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 199 8508 Vacuum cleaner with selfcontained electric motor 1%
1% 8509 Electro-mechanical domestic appliances, with selfcontained electric
motor other than vacuum cleaners of Heading 8508 1% 1% 8510 Shavers,
hair clippers and hair-removing appliances, with self-contained electric motor 1%
1% 8511 Electrical ignition or starting equipment of a kind used for spark-ignition
or compression-ignition internal combustion engines (for example, ignition
magnetos, magneto-dynamos, ignition coils, sparking plugs and glow plugs,
starter motors); generators (for example, dynamos, alternators) and cut-outs
of a kind used in conjunction with such engines 1% 1% 8512 Electrical
lighting or signalling equipment (excluding articles of heading 8539),
windscreen wipers, defrosters and demisters, of a kind used for cycles or
motor vehicles 1% 1% 8513 Portable electric lamps designed to function
by their own source of energy (for example, dry batteries, accumulators,
magnetos), other than lighting equipment of heading 8512 1% 1% 8514 Industrial
or laboratory electric furnaces and ovens (including those functioning by
induction or dielectric loss); other industrial or laboratory equipment
for the heat treatment of materials by induction or dielectric loss 1%
1% A B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 200 8515 Electric (including electrically heated gas),
laser or other light or photo beam, ultrasonic, electron beam, magnetic
pulse or plasma arc soldering, brazing or welding machines and apparatus, whether
or not capable of cutting; Electric machines and apparatus for hot spraying
of metals or cermets 1% 1% 8516 Electric instantaneous or storage
water heaters and immersion heaters; electric space heating apparatus and soil
heating apparatus; electrio-thermic hair-dressing apparatus (for example
hair dryers, hair curlers, curling tong heaters) and hand dryers; electric
smoothing irons; Other electro-thermic appliances of a kind used for domestic
purposes; electric heating resistors, other than those of heading 8545 1%
1% 8517 Telephone sets, including telephones for cellular net works
or for other wireless networks; other apparatus for the transmission or reception
of voice, images or other data, including apparatus for communication in
a wired or wireless network (such as a local or wide area network), other
than transmission or reception apparatus of Heading 8443, 8525, 8527
or 8528 2.7% 2.7% A B Tariff Item Description of goods Unit Drawback
when Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 201 8518 Microphones and stands therefor;
Loudspeakers, whether or not mounted in their enclosures; headphones and
earphones, whether or not combined with a microphone, and sets consisting
of a microphone and one or more loudspeakers; audiofrequency electric
amplifiers; electric sound amplifier sets 1% 1% 8519 Sound recording
or reproducing apparatus 2.7% 2.7% 8520 Magnetic tape recorders and other
sound recording apparatus, whether or not incorporating a sound reproducing
device 2.7% 2.7% 8521 Video recording or reproducing apparatus, whether
or not incorporating a video tuner 2.7% 2.7% 8522 Parts and accessories
suitable for use solely or principally with the apparatus of headings
8519 to 8521 1% 1% 8523 Discs, tapes, solid state non volatile storage
devices smart cards and other media for the recording of sound
or of other phenomena, whether or not recorded, including matrices and
masters for the production of discs, but excluding products of Chapter
37 852301 Unrecorded floppy diskettes 1% 1% 852302 Other unrecorded media
1% 1% 852303 Media recorded with sound or other phenomena 1% 1% 8524
Deleted A B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 202 8525 Transmission apparatus for radio-broadcasting
or television, whether or not incorporating reception apparatus or sound
recording or reproducing apparatus; television cameras, digital cameras
and video camera recorders 2.7% 2.7% 8526 Radar apparatus, radio navigational
aid apparatus and radio remote control apparatus 2.7% 2.7% 8527 Reception
apparatus for radio-broadcasting, whether or not combined, in the same housing,
with sound recording or reproducing apparatus or a clock 2.7% 2.7% 8528 Monitors
and projectors, not incorporating television reception apparatus; reception
apparatus for television, whether or not incorporating radiobroadcast receivers
or sound or video recording or reproducing apparatus Piece 4.5% 450 4.5%
450 8529 Parts suitable for use solely or principally with the apparatus
of headings 8525 to 8528 852901 Electric tuner for colour television 1%
1% 852902 others 1% 1% 8530 Electrical signaling, safety or traffic
control equipment for railways, tramways, roads, inland waterways, parking facilities,
port installations or airfields (other than those of heading 8608) 3.6%
3.6% A B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 203 8531 Electric sound or visual signalling apparatus
(for example, bells, sirens, indicator panels, burglar or fire alarms),
other than those of heading 8512 or 8530 2.7% 2.7% 8532 Electrical
capacitors, fixed, variable or adjustable (preset) 1% 1% 8533 Electrical
resistors (including rheostats and potentiometers), other than heating
resistors 1% 1% 8534 Printed circuits 1% 1% 8535 Electrical apparatus
for switching or protecting electrical circuits, or for making connections
to or in electrical circuits (for example, switches, fuses, lighting
arresters, voltage limiters, surge suppressors, plugs and other connectors, junction
boxes), for a voltage exceeding 1,000 volts 2.7% 2.7% 8536 Electrical
apparatus for switching or protecting electrical circuits, or for making
connections to or in electrical circuits (for example, switches, relays, fuses,
surge suppressors, plugs, sockets, lamp-holders, and other connectors, junction
boxes), for a voltage not exceeding 1,000 volts; connectors for optical
fibres, optical fibre bundles or cables 3.6% 3.6% A B Tariff Item
Description of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 204 8537 Boards, panels, consoles, desks, cabinets and
other bases, equipped with two or more apparatus of heading 8535 or 8536,
for electric control or the distribution of electricity, including those incorporating
instruments or apparatus of Chapter 90, and numerical control apparatus, other
than switching apparatus of heading 8517 3.6% 3.6% 8538 Parts suitable
for use solely or principally with the apparatus of headings 8535, 8536
or 8537 853801 of copper KG 10.5% 95 1% 853802 of brass KG 10.5% 79 1% 853803
other 1% 1% 8539 Electric filament or discharge lamps, including sealed
beam lamp units and ultra-violet or infra-red lamps; arc-lamps 1% 1% 8540 Thermionic,
cold cathode or photocathode valves and tubes (for example, vacuum or
vapour or gas filled valves and tubes, mercury arc rectifying valves and
tubes, cathode-ray tubes, television camera tubes) 854001 Colour picture
tubes piece 3.6% 180 3.6% 180 854002 Black and white picture tubes piece 3.6%
36 3.6% 36 854003 Monitor tubes 1% 1% 854004 others 1% 1% 8541 Diodes,
transistors and similar semi-conductor devices; Photosensitive semiconductor devices,
including photovoltaic cells whether or not assembled in modules or made
up into panels; light emitting diodes; mounted piezo-electric crystals 1%
1% A B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 205 8542 Electronic integrated circuits 1% 1% 8543 Electrical
machines and apparatus having individual functions, not specified or included
elsewhere in this Chapter 1% 1% 8544 Insulated (including enamelled
or anodised) wire, cable (including co-axial cable) and other insulated electric
conductors, whether or not fitted with connectors; optical fibre cables,
made up of individually sheathed fibres, whether or not assembled with
electric conductors or fitted with connectors 2.7% 2.7% 8545 Carbon
electrodes, carbon brushes, lamp carbons, battery carbons and other articles
of graphite or other carbon, with or without, metal; of a kind used for electrical
purposes 1% 1% 8546 Electrical insulators of any material 1% 1% 8547 Insulating
fittings for electrical machines, appliances or equipment, being fittings
wholly of insulating material apart from any minor components of metal
(for example, threaded sockets) incorporated during moulding solely for
the purposes of assembly, other than insulators of heading 8546; electrical
conduit tubing and joints therefor, of base metal lined with insulating
material 1% 1% A B Tariff Item Description of goods Unit Drawback
when Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 206 8548 Waste and scrap of primary cells,
primary batteries and electric accumulators; spent primary cells, spent
primary batteries and spent electric accumulators; electrical parts of
machinery or apparatus, not specified or included elsewhere in this Chapter Nil
Nil CHAPTER 86 86 Railway or tramway locomotives, rolling-stock
and parts thereof; railway or tramway track fixtures and fittings and parts
thereof; mechanical (including electro-mechanical) traffic signaling equipment
of all kinds 8601 Rail locomotives powered from an external source of electricity
or by electric accumulators 1% 1% 8602 Other rail locomotives; locomotive
tenders 1% 1% 8603 Self-propelled railway or tramway coaches, vans
and trucks, other than those of heading 8604 1% 1% 8604 Rail or
tramway maintence or service vehicles whether or not self-propelled (for example,
workshops, cranes, ballast tampers, track-liners, testing coaches and
track inspection vehicles) 1% 1% 8605 Railway or tramway passenger
coaches, not selfpropelled; luggage vans, post office coaches and other special
purpose railway or tramway coaches, not selfpropelled (excluding those of heading
8604) 1% 1% 8606 Railway or tramway goods vans and wagons, not selfpropelled 1%
1% A B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 207 8607 Parts of railway or tramway locomotives or rolling-stock 1%
1% 8608 Railway or tramway track fixtures and fittings; mechanical
(including electomechanical) signaling, safety or traffic control equipment for
railway, tramways, roads, inland waterways, parking facilities, port installation
or air-fields; parts of the foregoing 1% 1% 8609 Containers (including containers
for the transport of fluids) specially designed and equipped for carriage by
one or more modes of transport 1% 1% CHAPTER 87 87 Vehicles
other than railway or tramway rolling-stock, and parts and accessories thereof 8701 Tractors
(other than tractors of heading 8709) 1% 1% 8702 Motor vehicles for
the transport of ten or more persons, including the driver 1% 1% 8703 Motor
cars and other motor vehicles principally designed for the transport of
persons (other than those of heading 8702), including station wagons and
racing cars 1% 1% 8704 Motor vehicles for the transport of goods 1%
1% A B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 208 8705 Special purpose motor vehicles, other than those principally
designed for the transport of persons or goods (for example, breakdown
lorries, crane lorries, fire fighting vehicles, concrete-mixers lorries,
spraying lorries, mobile workshops, mobile radiological units) 1% 1% 8706 Chassis
fitted with engines, for the motor vehicles of headings 8701 to 8705 1%
1% 8707 Bodies (including cabs), for the motor vehicles of headings
8701 to 8705 1% 1% 8708 Parts and accessories of the motor vehicles
of headings 8701 to 8705 870801 Nozzles KG 6.8% 8.1 1% 870802 Piston
Pin/ Gudgeon Pin KG 6.8% 8.1 1% 870803 Steel Anchor Pin KG 6.8% 8.1 1% 870804
BB Axle KG 6.8% 8.1 1% 870805 Brake shoe plate KG 6.8% 8.1 1% 870806 Chain
Cover Hinges Shakle Plates made of CRCA Sheet KG 6.8% 8.1 1% 870807 Connecting
Rods KG 6.8% 9 1% 870808 Crank for chain wheel KG 6.8% 9 1% 870809 Front
Axle beam/I-Beam, made of alloy steel KG 6.8% 10 3.4% 5 870810 Front
Axle beam/I-Beam, made of non-alloy steel KG 6.8% 10 2.2% 3.3 8708011 Full
Tension Sleeve made of Steel. KG 6.8% 9 1% 8708012 Spokes (Galvanised)
KG 6.8% 8.1 1% 8708013 Machined trailor ball/hitch pin/linkage pin KG
6.8% 10 1% 8708014 Push rod KG 6.8% 9 1% 8708015 Radiator Cap KG 6.8% 8.1
1% A B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 209 8708016 Sleeve Shaft and Ball Joint KG 6.8% 8.1 1% 8708017
Slip Stub Shaft KG 6.8% 9 1% 8708018 Spindles KG 6.8% 9 1% 8708019 Sprocket
KG 6.8% 10 1% 8708020 V-Belt Cover BcP KG 6.8% 10 1% 8708021 Valve Tappets
KG 6.8% 9 1% 8708022 Automotive Radiator Core of Copper/Brass construction KG
6.8% 30.6 1% 8708023 Automotive Radiator assembly with radiator core
of Copper/Brass construction KG 6.8% 30.6 1% 8708024 Automotive Radiator
assembly with radiator core of Steel/Brass construction KG 6.8% 20.4
1% 8708025 Roller for auto break shoe KG 6.8% 9 1% 8708026 Spline Hub for
Clutch Plates KG 6.8% 10 1% 8708027 Front/rear axle shaft KG 6.8% 9 1% 8708028 Auto
Parts Double Brake Chamber Type 24 L/S KG 6.8% 9 1% 8708029 Auto
Parts Brake Chamber Type 16 L/S KG 6.8% 9 1% 8708030 Auto Parts
Brake Chamber Type 20 L/S KG 6.8% 9 1% 8708031 Auto Parts Brake
Chamber Type 24 L/S KG 6.8% 9 1% 8708032 Auto Parts Brake Chamber Type
30 L/S KG 6.8% 9 1% 8708033 Auto Parts Brake Chamber Type 30
S/S KG 6.8% 9 1% 8708034 Steering Knuckle KG 6.8% 13 1% 8708035 Tractor
Parts- Top Link Assembly and Parts thereof KG 7% 9 1% 8708036 Tractor
Parts-Stabilizer Assembly/Chain Assembly and Parts thereof KG 7.5% 9
1% 8708037 Tractor Parts- Lift Arm/Lower Link and Parts thereof KG 5.4%
9 1% 8708038 Tractor Parts- Draw Bar KG 8% 9 1% 8708039 Tractor Parts-
Ratchet Jack Assembly and Parts thereof KG 5.4% 9 1% 8708040 Tractor
Parts- Leveling Assembly and Parts thereof KG 5.4% 10 1% 8708041 Tractor
Parts- Ball for Tractor KG 6.4% 10 1% A B Tariff Item Description of goods
Unit Drawback when Cenvat facility has not been availed Drawback when
Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 210 Parts 8708042 Tractor Parts- Reducing Bush KG 6.2% 9
1% 8708043 Deleted 8708044 Tractor Parts-Stub Axle/Front Axle Spindle KG 5%
9 1% 8708045 Tractor Parts- Tie Rod End and Parts thereof KG 6.2%
9 1% 8708046 Deleted 8708047 Deleted 8708048 Others 1% 1% 8709 Works
trucks, self-propelled, not fitted with lifting or handling equipment, of
the type used in factories, warehouses, dock areas or airports for short
distance transport of goods; tractors of the type used on railway station
platforms; parts of the foregoing vehicles 1% 1% 8710 Tanks and other
armoured fighting vehicles, motorized, whether or not fitted with weapons,
and parts of such vehicles Nil Nil 8711 Motorcycles (including mopeds)
and cycles fitted with an auxiliary motor, with or without side-cars; 871101 Automotive
Steel Wheel Rims 12"-13" (Excluding Wire Wheels) 1 No. 6.8%
7.2 1% 871102 Automotive Steel Wheel Rims 14"-16" (Excluding
Wire Wheels) 1 No. 6.8% 7.2 1% 871103 Others 1% 1% 8712 Bicycles
and other cycles (including delivery tricycles), not motorised 871201
Complete bicycle 1 No. 9% 180 1% 871202 Others 1% 1% 8713 Carriages for
disabled persons, whether or not motorised or otherwise mechanically
propelled 1% 1% A B Tariff Item Description of goods Unit Drawback
when Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 211 8714 Parts and accessories of vehicles
of headings 8711 to 8713 871401 BB axle 100 Pcs 9.8% 132 1% 871402 BB
Cup set of 3 1 Set 9.4% 1.1 1% 871403 Deleted 1% 871404 Brake set 1 Set
9.8% 3.6 1% 871405 Chain 100 Pcs 9.4% 269 1% 871406 Chain Adjuster 1 pair
9.4% 0.2 1% 871407 Single speed Chainwheel & Crank (Crank made of
steel) 1 Set 10.1% 7.1 1% 871408 Cotter pin-Set of 2 1 Set 9.4% 0.3
1% 871409 Frame made of steel without B.B. cup & axle 1 pc 6.8%
20.3 1% 8714010 Fork 100 Pcs 10.1% 640 1% 871411 Fork Fitting 1 set 9% 1.7
1% 871412 Free wheel single speed 100 Pcs 9% 128 1% 871413 Handle bar made
of steel 1 set 9.4% 9.8 1% 871414 Handle stem made of steel 100 Pcs 10.1% 142
1% 871415 Hub (front or rear) made of steel 100 Pcs 9% 386 1% 871416
Lamp bracket 100 Pcs 10.1% 91 1% 871417 Mudguard (pair) 1 pair 9.8% 7.5 1% 871418
Pedal (pair) 1 pair 10.1% 4.5 1% 871419 Rim (pair) made of steel 1 pair 9.8%
17.3 1% 871420 Saddle 100 Pcs 10.1% 878 1% 871421 Seat Pillar 100 Pcs 10.1%
65.3 1% 871422 Spokes set of 144 pieces 1 set 10.1% 6.8 1% 871423 Others
KG 8.8% 10 1% 8715 Baby carriages and parts thereof 6.8% 1% 8716 Trailers
and semi-trailers; other vehicles, not mechanically propelled; parts
thereof 871601 Truck & Trailer Wheels KG 6.8% 6.1 1% 871602 Earth
Moving Wheel Components, namely, Bead Seat Ring, Gutter Band Fixed Flange
& Lock Ring KG 6.8% 5.1 1% 871603 Others 1% 1% CHAPTER 88 A
B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 212 88 Aircraft , spacecraft, and parts thereof 8801 Balloons
and dirigibles; gliders, hang gliders and other non-powered aircraft 1%
1% 8802 Other aircraft (for example, helicoptors, aeroplanes); spacecraft
(including satellites) and suborbital and spacecraft launch vehicles 1%
1% 8803 Parts of goods of heading 8801 or 8802 1% 1% 8804 Parachutes
(including dirigible parachutes and paragliders) and rotochutes; parts
thereof and accessories thereto 1% 1% 8805 Aircraft launching gear; deck-arrestor
or similar gear; ground flying trainers; parts of the foregoing articles 1%
1% CHAPTER 89 89 Ships, boats and floating structures 8901 Cruise
ships, excursion boats, ferry-boats, cargo ships, barges and similar vessels
for the transport of persons or goods 1% 1% 8902 Fishing vessels;
factory ships and other vessels for processing or preserving fishery
products 1% 1% 8903 Yachts and other vessels for pleasure or sports;
rowing boats and canoes 1% 1% 8904 Tugs and pusher craft 1% 1% 8905 Light-vessels,
fire-floats, dredgers, floating cranes, and other vessels the navigability
of which is subsidiary to their main 1% 1% A B Tariff Item Description
of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 213 function; floating docks; floating or submersible drilling
or production platforms 8906 Other vessels, including warships and
lifeboats other than rowing boats 890601 Warships Nil Nil 890602 Others
1% 1% 8907 Other floating structures ( for example, rafts, tanks, coffer-dams,
landing-stages, buoys and beacons) 1% 1% 8908 Vessels and other floating structures
for breaking up Nil Nil CHAPTER 90 90 Optical, photographic,
cinematographic, measuring, checking, precision, medical or surgical instruments
and apparatus; parts and accessories thereof 9001 Optical fibres and optical fibre
bundles; optical fibre cables other than those of heading 8544; sheets and plates
of polarising material; lenses (including contact lenses), prisms, mirrors
and other optical elements, of any material, unmounted, other than such
elements of glass not optically worked 900101 Optical fibres 1% 1% 900102 Sheets
& plates of polarising material 1% 1% 900103 Optical Fibre Cables
5.5% 5.5% 900104 Others 4.5% 1% 9002 Lenses, prisms, mirrors and other
optical elements, of any material, mounted, being parts of or fittings for instruments
or apparatus, other than such elements of glass not optically worked 6.3%
3.1% A B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 214 9003 Frames and mountings for spectacles, goggles
or the like, and parts thereof 6.3% 3.1% 9004 Spectacles, goggles
and the like, corrective, protective or other 6.3% 3.1% 9005 Binoculars,
monoculars, other optical telescopes, and mountings therefor; other astronomical
instruments and mountings therefor, but not including instruments for radio-astronomy 6.3%
3.1% 9006 Photographic (other than cinematographic) cameras; photographic
flashlight apparatus and flash bulbs other than discharge lamps of heading
8539 4.7% 1% 9007 Cinematographic cameras and projectors whether or not
incorporating sound recording or reproducing apparatus 4.7% 1% 9008 Image
projectors, other than cinematographic; photographic (other than cinematographic)
enlargers and reducers 4.7% 1% 9009 Omitted 9010 Apparatus and
equipment for photographic (including cinematographic) laboratories,
not specified or included elsewhere in this chapter; negatoscopes; projection
screens 4.7% 1% 9011 Compound optical microscopes, including those for
photomicro-graphy, cine-photomicrography or microprojection 4.7% 1% 9012 Microscopes
other than optical microscopes; diffraction apparatus 4.7% 1% A B Tariff
Item Description of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 215 9013 Liquid crystal devices not constituting articles provided
for more specifically in other headings; lasers, other than laser diodes;
other optical appliances and instruments, not specified or included else where
in this Chapter 4.7% 1% 9014 Direction finding compasses; other navigational instruments
and appliances 4.7% 1% 9015 Surveying (including photogrammetrical surveying),
hydrographic, oceanographic, hydrological, meterological or geophyscial instruments
and appliances, excluding compasses; rangefinders 4.7% 1% 9016 Balances
of a sensitivity of 5cg or better, with or without weights 4.7% 1% 9017 Drawing,
marking-out or mathematical calculating instruments (for example, drafting
machines, pantographs, protractors, drawing sets, slide rules, disc calculators);
instruments for measuring length, for use in the hand (for example, measuring
rods and tapes, micrometers, callipers), not specified or included elsewhere
in this chapter 4.7% 1% 9018 Instruments and appliances used in medical,
surgical, dental or veterinary sciences, including scientigraphic apparatus,
other electromedical apparatus and sight-testing instruments 901801 Ultrasound
Scanner, Patient Monitoring Equipments and Surgical Diathermy Equipments 4.7%
3.1% 901802 Others 4.7% 1% A B Tariff Item Description of goods Unit Drawback
when Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 216 9019 Mechano-therapy appliances; massage
apparatus; psychological aptitude-testing apparatus; ozone therapy, oxygen
therapy, aerosol therapy, artificial respiration or other therapeutic respiration
apparatus 4.7% 1% 9020 Other breathing appliances and gas masks, excluding protective
masks having neither mechanical parts nor replaceable filters 4.7% 1% 9021 Orthopaedic
appliances, including crutches, surgical belts and trusses; splints and other
fracture appliances; artificial parts of the body; hearing aids and other appliances
which are worn or carried, or implanted in the body, to compensate for a defect
or disability 4.7% 1% 9022 Apparatus based on the use of X-rays or
of alpha, beta or gamma radiations, whether or not for medical, surgical, dental
or veterinary uses, including radiography or radiotherapy appratus, X-ray tubes
and other X-ray generators, high tension generators, control panels and
desks, screens, examination or treatment tables, chairs and the like 4.7%
1% 9023 Instruments, apparatus and models, designed for demonstrational
purposes (for example, in education or exhibitions), unsuitable for other
uses 4.7% 1% A B Tariff Item Description of goods Unit Drawback when
Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 217 9024 Machines and appliances
for testing the hardness, strength, compressibility, elasticity or other
mechanical properties of materials (for example, metals, wood, textiles,
paper, plastics) 4.7% 1% 9025 Hydrometers and similar floating
instruments, thermometers, pyrometers, barometers, hygrometers and psychrometers,
recording or not, and any combination of these instruments 4.7% 1% 9026 Instruments
and apparatus for measuring or checking the flow, level, pressure or other variables
of liquids or gases (for example, flow meters, level gauges, manometers, heat
meters), excluding instruments and apparatus of heading 9014, 9015, 9028
or 9032) 902601 Water meters (of brass) KG 8.3% 28.8 2.2% 7.6 902602
Others 4.7% 1% 9027 Instrments and apparatus for physical or chemical
analysis (for example, polarimeters, refractometers, spectrometers, gas
or smoke analysis apparatus); instruments and apparatus for measuring
or checking viscosity, porosity, expansion, surfacetension or the like; instruments
and apparatus for measuring or checking quantities of heat, sound or light
(including exposure meters); microtomes 4.7% 1% 9028 Gas, liquid or
electricity supply or production meters, including calibrating meters therefore 4.7%
1% A B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 218 9029 Revolution counters, production counters, taximeters,
mileometers, pedometers and the like; speed indicators and tacho meters,
other than those of heading 9014 or 9015; stroboscopes 4.7% 1% 9030 Oscilloscopes,
spectrum analysers and other instruments and apparatus for measuring
or checking electrical quantities, excluding meters of heading 9028;
instruments and apparatus for measuring or detecting alpha, beta, gamma,
X-ray, cosmic or other ionising radiations 4.7% 1% 9031 Measuring
or checking instruments, appliances and machines, not specified or included
elsewhere in this chapter; profile projectors 4.7% 1% 9032 Automatic
regulating or controlliing instruments and apparatus 4.7% 1% 9033 Parts
and accessories (not specified or included elsewhere in this chapter) for
machines, appliances, instruments or apparatus of chapter 90 4.7% 1% CHAPTER
91 Clocks and watches and parts thereof 9101 Wrist-watches, pocketwatches and
other watches, including stop-watches, with case of precious metal or of metal
clad with precious metal Nil Nil A B Tariff Item Description of goods
Unit Drawback when Cenvat facility has not been availed Drawback when
Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 219 9102 Wrist-watches, pocketwatches and other watches, including
stop watches, other than those of heading 9101 4.7% 1% 9103 Clocks
with watch movements, excluding clocks of heading 9104 4.7% 1% 9104 Instrument
panel clocks and clocks of a similar type for vehicles, aircraft, spacecraft or
vessels 4.7% 1% 9105 Other clocks 4.7% 1% 9106 Time of day recording apparatus
and apparatus for measuring, recording or otherwise indicating intervals
of time, with clock or watch movement or with synchronous motor (for example,
time-registers, time-recorders) 4.7% 1% 9107 Time switches with clock
or watch movement or with synchronous motor 3.8% 1% 9108 Watch
movements, complete and assembled 3.8% 1% 9109 Clock movements, complete and
assembled 3.8% 1% 9110 Complete watch or clock movements, unassembled
or partly assembled (movement sets); incomplete watch or clock movements, assembled;
rough watch or clock movements 3.8% 1% 9111 Watch cases and parts thereof 911101 Cases
of precious metal or of metal clad with precious metals Nil Nil 911102
Others 1% 1% 9112 Clock cases and cases of a similar type for other goods of
this chapter, and parts thereof A B Tariff Item Description of goods
Unit Drawback when Cenvat facility has not been availed Drawback when
Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 220 911201 Cases of precious metal or of metal clad with
precious metals Nil Nil 911202 Others 1% 1% 9113 Watch straps,
watch bands and watch bracelets, and parts thereof 911301 of precious
metal or of metal clad with precious metals Nil Nil 911302 Others 1%
1% 9114 Other clock or watch parts 1% 1% CHAPTER 92 92 Musical
instruments; parts and accessories of such articles 9201 Pianos, including
automatic pianos; harpsi-chords and other keyboard stringed instruments 3.8%
1% 9202 Other string musical instruments (for example, guitars, violins,
harps) 3.8% 1% 9203 Ommited 9204 Ommited 9205 Other wind musical instruments
(for example, clarinets, trumpets, bagpipes) 3.8% 1% 9206 Percussion
musical instruments (for example, drums, xylophones, cymbols, castanets, maracas) 3.8%
1% 9207 Musical instruments, the sound of which is produced, or must
be amplified, electrically (for example, organs, guitars, accordions) 3.8%
1% A B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 221 9208 Musical boxes, fairground organs, mechanical
street organs, mechanical singing birds, musical saws and other musical
instruments not falling within any other heading of this Chapter; decoy
calls of all kinds; whistles, call horns and other mouth-blown sound signalling
instruments 3.8% 1% 9209 Parts (for example, mechanisms for musical boxes)
and accessories (for example, cards, discs and rolls for mechanical instruments)
of musical instruments; metronomes, tuning forks and pitch pipes of all
kinds 3.8% 1% CHAPTER 93 93 Arms and ammunition; parts and accessories
thereof 9301 Military weapons, other than revolvers, pistols and the arms
of heading 9307 Nil Nil 9302 Revolvers and pistols, other than those
of heading 9303 or 9304 Nil Nil 9303 Other firearms and similar devices
which operate by the firing of an explosive charge (for example, sporting
shotguns and rifles, muzzle-loading firearms, Very pistols and other devices
designed to project only signal flares, pistols and revolvers for firing blank
ammunition, captivebolt humane killers, linethrowing guns) Nil Nil A
B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 222 9304 Other arms (for example, spring, air or gas guns
and pistols, truncheons), excluding those of heading 9307 Nil Nil 9305 Parts
and accessories of articles of headings 9301 to 9304 Nil Nil 9306 Bombs
, grenades, torpedoes, mines, missiles, and similar munitions of war
and parts thereof; cartridges and other ammunition and projectiles and
parts thereof, including shot and cartridge wads Nil Nil 9307 Swords,
cut lasses, bayonets, lances and similar arms and parts thereof and scabbards
and sheaths therefor Nil Nil CHAPTER 94 Furniture; bedding,
mattresses, mattress supports, cushions and similar stuffed furnishings; lamps
and lighting fittings, not elsewhere specified or included; illuminated signs,
illuminated name-plates and the like; prefabricated buildings 9401 Seats(other
than those of heading 9402), whether or not convertible into beds, and
parts thereof 4.7% 1% 9402 Medical, surgical, dental or veterinary
furniture (for example, operating tables, examination tables, hospital beds
with mechanical fittings, dentists' chairs); barbers' chairs and similar chairs,
having rotating as well as both reclining and elevating movements; parts of
the foregoing articles 4.7% 1% 9403 Other furniture and parts thereof 940301
Folding Bed made of Mild Steel 4.7% 1% 940302 Other furniture articles made
of 4.7% 1% A B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 223 steel or plastics 940303 Other furniture articles
made out of other materials including wood, bamboo or cane 3.8% 1% 9404 Mattress
supports; articles of bedding and similar furnishing (for example, mattresses,
quilts, eiderdowns, cushions, pouffes and pillows) fitted with springs
or stuffed or internally fitted with any material or of cellular rubber or
plastics, whether or not covered 4.7% 1% 9405 Lamps and lighting fittings including
searchlights and spotlights and parts thereof, not elsewhere specified or included;
illuminated signs, illuminated name-plates and the like, having a permanently
fixed light source, and parts thereof not elsewhere specified or included 940501 Hurricane
Lantern made of Tin plate Kg 7.6% 6.7 1% 940502 Lamps made of brass Kg
11% 83 1% 940503 Lamps made of copper Kg 11% 100 1% 940504 Lamps made of
iron Kg 8.8% 14 1% 940505 Lamps made of aluminium Kg 6.4% 26 1% 940506 Lanterns/Lamps
predominantly of glass Kg 6.6% 30.2 Nil 940599 Others 3.9% 1% 9406
Prefabricated buildings 1% 1% CHAPTER 95 Toys, games and sports requisites;
parts and accessories thereof 9501 Deleted 9502 Deleted A B Tariff
Item Description of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 224 9503 Tricycles, scooter, pedal cars and similar wheeled toys,
dolls carriages, dolls; other toys; reduced-size (scale)
models and similar recreational models, working or not; puzzles of all
kinds 950301 Cricket bats made of plastic piece 5.9% 15 5.9% 15 950302 Plastic
rounder bat piece 5.9% 15 5.9% 15 950303 Cricket sets made of plastic consisting
of two bats, two balls, two bases and six stumps in a nylon carrying bag piece
5.9% 80 5.9% 80 950399 Other Kg 4.6% 31.5 4.6% 31.5 9504 Articles for
funfair, table or parlour games, including pintables, billiards, special tables
for casino games and automatic bowling alley equipment 9504 01 Carrom
Board, with or without coins and strikers piece 7.2% 80 7.2% 80 9504
02 Playing cards . 1% 1% 950403 Others 1% 1% 9505 Festive, carnival or
other entertainment articles, including conjuring tricks and novelty
jokes 2.3% 1% 9506 Articles and equipment for general physical exercise, gymnastics,
athletics, other sports (including tabletennis) or out-door games, not
specified or included elsewhere in this Chapter; swimming pools and paddling
pools 950601 Articles and equipment for table-tennis namely table tennis
rackets piece 10.3% 10.3 10.3% 10.3 950602 Articles and equipment for table-tennis
namely table tennis tables piece 9.7% 529 9.7% 529 A B Tariff Item
Description of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 225 950603 Articles and equipment for table-tennis namely
table tennis net sets piece 6.2% 15.8 6.2% 15.8 950604 Tennis, badminton
or similar rackets, whether or not strung: piece 5.1% 15.8 5.1% 15.8 950605
Lawn-tennis balls piece 17.6% 5.3 17.6% 5.3 950606 Inflatable balls made
of leather piece 5.4% 7.7 5.4% 7.7 950607 Inflatable synthetic balls made
of PVC/rubber piece 12.5% 25 12.5% 25 950608 Inflatable balls made of Polyurethane piece
13.5% 59 13.5% 59 950609 Rubber bladders piece 9.6% 3.5 9.6% 3.5 950610 Basket
ball unit Junior shot/EASI shot Unit 5.3% 106 5.3% 106 950611 Basket
ball unit smart shot/little shot Unit 6.2% 70.5 6.2% 70.5 950612 Unit
basket ball ring Unit 6.2% 22 6.2% 22 950613 Basket ball ring with one spring/two
springs/three springs Unit 6.2% 70.5 6.2% 70.5 950614 Easy play/easy
store netball unit Unit 3.5% 66 3.5% 66 950615 Unit netball goal ring
Unit 3.5% 17.6 3.5% 17.6 950616 Unit netball ring detachable and fixing Unit
3.5% 12.3 3.5% 12.3 950617 Netball goal post with ring Unit 5.3% 61.8 5.3%
61.8 950618 Tchouk ball frame piece 6.2% 110 6.2% 110 950619 Ball cage of
steel Unit 6.2% 176 6.2% 176 950620 Cricket balls, hockey balls and other
balls piece 6.2% 8.8 6.2% 8.8 950621 Cricket, Hockey, Boxing, Football
and other Sports Gloves. Pair. 7.9% 44 7.9% 44 950622 Cricket bats piece
9.8% 346 9.8% 346 950623 Deleted 950624 Deleted 950625 Deleted 950626
Hockey sticks piece 6.3% 12.7 6.3% 12.7 950627 Leg Guards pair. 9.8% 53.5 9.8%
53.5 950628 Abdominal/elbow guard piece 9.8% 2.7 9.8% 2.7 950629 Shoulder/Shin
Guard piece 9.8% 10.7 9.8% 10.7 A B Tariff Item Description of goods Unit Drawback
when Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 226 950630 Other sports protective equipment
not elsewhere specified piece 9.8% 24.9 9.8% 24.9 95069960 Sports net
KG 12% 60 2.6% 13 95069961 General physical and exercise equipment including
track and field equipment 5.5% 5.5% 95069962 Croquet set Unit 7.9% 7.9% 95069963
Rounders bat, Wooden piece 9.7% 38.7 9.7% 38.7 95069999 Others 3.2% 3.2% 9507 Fishing
rods, fish-hooks and other line fishing tackle; fish landing nets, butterfly
nets and similar nets; decoy birds (other than those of heading
9208 or 9705) and similar hunting or shooting requisites 2.4% 1% 9508 Roundabouts,
swings, shooting galleries and other fairground amusements; traveling circuses,
traveling menageries and traveling theatres 2.4% 1% CHAPTER
96 Miscellaneous manufactured articles 9601 Worked ivory, bone, tortoise-shell,
horn, antlers, coral, mother-of-pearl and other animal carving material,
and articles of these materials (including articles obtained by moulding) Nil
Nil A B Tariff Item Description of goods Unit Drawback when Cenvat facility
has not been availed Drawback when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 227 9602 Worked vegetable or mineral carving material and
articles of these materials moulded or carved articles of wax, of stearin,
of natural gums or natural resins or of modelling pastes, and other moulded
or carved articles, not elsewhere specified or included; worked, unhardened
gelatin (except gelatin of heading 3503) and articles of unhardened gelatin 1%
1% 9603 Brooms, brushes (including brushes constituting parts of machines,
appliances or vehicles), hand-operated mechanical floor sweepers, not
motorised, mops and feather dusters; prepared knots and tufts for broom or
brush making; paint pads and rollers; squeegees (other than roller squeegees) 1%
1% 9604 Hand sieves and hand riddles 1% 1% 9605 Travel sets
for personal toilet, sewing or shoe or clothes cleaning 1% 1% 9606 Buttons,
press-fasteners, snap-fasteners and pressstuds, button moulds and other
parts of these articles; button blanks 1% 1% 9607 Slide fasteners
and parts thereof 960701 Zipper made of brass KG 4.5% 25.5 4.5% 25.5 960702
Others KG 3% 4.9 3% 4.9 A B Tariff Item Description of goods Unit Drawback
when Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 228 9608 Ball point pens; felt tipped and
other porous-tipped pens and markers; fountain pens; stylograph pens
and other pens; duplicating stylos; propelling or sliding pencils; pen
holders, pencil holders and similar holders; parts (including caps and
clips) of the foregoing articles, other than those of heading 9609 9608
10 Ball point pen, all sorts (including rolling ball pen 100 pcs 5.7%
127 1% 9608 20 Felt tipped and other poroustipped pens and markers 100
pcs 8.9% 166 3% 56 Fountain pens, Stylograph pens and others. 9608 31
Indian ink drawing pens : 100 pcs 4.3% 39.6 1% 9608 31 10 Stylograph pens 100
pcs 4.3% 39.6 1% 9608 31 90 Other 100 pcs 4.3% 39.6 1% 9608 39 Other : 9608
39 10 High value writing instruments including fountain pens and ball
point pens (Rs.500 and above FOB per unit) 2.2% 1% 9608 39 20 With
body or cap of precious metal or rolled precious metal Nil Nil Other
fountain pen: 9608 39 31 With body or cap of precious metal or rolled
precious metal Nil Nil 9608 39 39 Other 1% 1% Other: 9608 39 91 With
body or cap of precious metal or rolled precious meta Nil Nil 9608 39
99 Other 1% 1% 9608 40 00 Propelling or sliding pencils 100 pcs 2.9% 57.6 1% 9608
50 00 Sets of articles from two or more of the foregoing subheadings 100
pcs 2.9% 39.6 1% A B Tariff Item Description of goods Unit Drawback
when Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 229 9608 60 Refills for ball point
pens, comprising the ball point and ink-reservoir: 100 pcs 2.9% 39.6
1% 9608 60 10 With liquid ink (for rolling ball-pen) 100 pcs 2.9%
39.6 1% 9608 60 90 Other 1% 1% 9608 91 Pen nibs and nib points 100 pcs 2.9%
18 1% 9608 91 10 Nib points for pen 1% 1% 9608 91 20 Nibs of wool felt
or plastics for use in the manufacture of porous tip pen or markers 100
pcs 3.6% 20 1% 9608 91 40 Other pen nibs 100 pcs 3.6% 20 1% Other: 9608
91 91 Of metal 100 pcs 3.6% 20 1% 9608 91 99 Other 1% 1% 9608 99 Other:
1% 1% 9608 99 10 Pen holders, pencil holders and similar holders 1%
1% 9608 99 99 Other 1% 1% 9609 Pencils (other than pencils of heading
9608 ), crayons, pencil leads, pastels, drawing charcoals, writing or
drawing chalks and tailors' chalks 1% 1% 9610 Slates and boards, with writing
or drawing surfaces, whether or not framed 1% 1% 9611 Date, sealing
or numbering stamps, and the like (including devices for printing or
embossing labels), designed for operating in the hand; hand-operated
composing sticks and hand printing sets incorporating such composing
sticks 1% 1% A B Tariff Item Description of goods Unit Drawback when
Cenvat facility has not been availed Drawback when Cenvat facility
has been availed Drawback Rate Drawback cap per unit in Rs. Drawback Rate Drawback cap
per unit in Rs. 1 2 3 4 5 6 7 230 9612 Typewriter or similar ribbons,
inked or otherwise prepared for giving impressions, whether or not on
spools or in cartridges; ink-pads, whether or not inked, with or without
boxes 1% 1% 9613 Cigarette lighters and other lighters, whether or not
mechanical or electrical, and parts thereof other than flints and wicks 1%
1% 9614 Smoking pipes (including pipe bowls) and cigar or cigarette
holders, and parts thereof 1% 1% 9615 Combs, hair-slides and the like,
hairpins, curling pins, curling grips, hair-curlers and the like, other
than those of heading 8516, and parts thereof 961501 Combs, made of plastics
KG 9.1% 18 2.7% 5.3 961502 Combs, made of metal KG 9.1% 22.5 2.7% 6.7 961503
Others 1% 1% 9616 Scent sprays and similar toilet sprays, and mounts and
heads therefor; powder-puffs and pads for the application of cosmetics
or toilet preparations 1% 1% 9617 Vacuum flasks and other vacuum
vessels, complete with cases; parts thereof other than glass inners 1%
1% 9618 Tailors' dummies and other lay figures; automata and other
animated displays, used for shop window dressing 1% 1% A B Tariff
Item Description of goods Unit Drawback when Cenvat facility has not been availed Drawback
when Cenvat facility has been availed Drawback Rate Drawback cap
per unit in Rs. Drawback Rate Drawback cap per unit in Rs. 1
2 3 4 5 6 7 231 CHAPTER 97 Works of art, collectors' pieces
and antiques 9701 Paintings, drawings and pastels, executed entirely
by hand, other than drawings of heading 4906 and other than hand-painted
or handdecorated manufactured articles; collages and similar decorative
plaques Nil Nil 9702 Original engravings, prints and lithographs Nil
Nil 9703 Original sculptures and statuary, in any material Nil Nil 9704 Postage
or revenue stamps, stamp-post marks, first-day covers, postal stationery (stamped
paper), and the like, used or unused , other than those of heading 4907 Nil
Nil 9705 Collections and collectors' pieces of zoological, botanical, mineralogical,
anatomical, historical, archaeological, palaeontological, ethnographic
or numismatic interest Nil Nil 9706 Antiques of an age exceeding one
hundred years Nil Nil [F. No. 609/76/2010-DBK] (Najib Shah) Joint
Secretary to the Government of India
-COPY
OF- CUSTOMS CIRCULAR NO.15/2010-Cus Dated: June 29, 2010 Subject:
Fraudulent claim of 4% SAD by unscrupulous importers - reg.
Attention
is invited to Notification No. 102/2007-Cus dated 14.09.2007 which provides exemption
in the form of refund of 4% SAD paid on goods imported and subsequently sold on
payment of VAT/ST.
2. Instances have come to notice of the Board where some importers of timber
logs' have undertaken certain processes and subsequently sold sawn' or cut
logs' after payment of VAT. These importers are claiming the refund of 4% SAD
paid at the time of importation of goods in terms of Notification No.102/2007-Customs
dated 14.09.2007. As per the said Notification , refund of SAD is available only
in case the imported goods are subsequently sold on payment of VAT, without carrying
out any process. However, at the time of claiming refund of 4% SAD, these importers
have manipulated the facts by showing that goods sold were imported timber logs
only and not sawn' or cut logs'. In terms of the classification of
the First Schedule to Customs Tariff Act, 1975, round logs/round squares are classified
under the heading 4403 whereas the sawn' woods are classified separately
under heading 4407. Thus, there is distinct classification for the imported and
the final products that are sold in the market on which VAT is paid. Hence, since
the goods imported and subsequently sold were different goods falling under different
tariff headings, the benefit of Notification No.102/2007-Customs dated 14.09.2007
by way of refund of 4% SAD is not available to importers. 3. In certain other
cases, refund claims have been filed with the department wherein forged documents
were submitted for availing the refund envisaged in the notification No.102/2007-Customs
dated 14.09.2007. In such cases, it is reported that the importers were preparing
duplicate set of invoices of the same serial number. Scrutiny of these two sets
of invoices establishes that the invoice submitted to the department shows description
of goods as Malaysian round logs' whereas the invoices obtained from the
buyer shows the description of goods as imported timber'. The other difference
is that in the invoice submitted to the department the quantity of goods in number
/ pieces are not mentioned whereas in the invoices of the buyer the quantity in
number/pieces is clearly mentioned. This fact of preparing duplicate invoices
is further substantiated by the other documents such as related transit passes
and lorry receipt. These importers are thus defrauding the government revenue
by resorting to this modus operandi of submitting the forged documents for claiming
refund fraudulently. 4. It is apprehended that above mentioned modus-operandi
may have all India ramifications and may be prevalent in other field formations
and are not limited only to a few cases. In view of the above, all field
formations are directed to be alert and vigilant to ensure that unscrupulous importers
do not avail fraudulent refunds of 4% SAD in terms of Notification No.102/2007-Customs
dated 14.9.2007 by resorting to the above-mentioned modus operandi.
F.
No.401/73/2010-Cus.III (Vikas) Under Secretary (Cus.III)
-COPY OF- CUSTOMS CIRCULAR NO.16/2010-Cus Dated: June 29,
2010 Subject: Examination under Regulation 8 of the Customs House
Agents Licensing Regulations (CHALR), 2004' Clarification regarding.
Attention
is invited to regulation (6) (a) of Customs House Agents Licensing Regulations
(CHALR), 2004' which specifies certain professional qualification such as MBA
from any institute or University recognised by the Government to be possessed
by an applicant or his employee referred to in clause (b) of the sub regulations
(2) and (3) of regulation 5 of CHALR, 2004 to appear in examination under regulation
8 of the said Regulations. However, in this regard, it was clarified vide Board's
Circular No.42/2004-Customs dated 10.6.2004 that, no degree holders equivalent
to MBA are entitled to appear in the said examination. However, references have
been received in the Board from field formation pointing out that some well known
institutes like Indian Institute of Management are not awarding MBA degree rather
such institutes are awarding PGDM which is equivalent to MBA. It is represented
that these PGDM holders should be allowed to appear in regulation 8 examinations
under CHALR, 2004. 2. The issue has been examined in the Board. It has been
decided by the Board that MBA degree or the equivalent degree PGDM, granted by
an institute or university recognised by Government / AICTE under Ministry of
Human Resource Development shall be acceptable qualification for degree holders
to appear in the examination under CHALR, 2004. 3. The Board Circular No.42/2004-Customs
dated 10.6.2004 stands modified to above extent. 4. These instructions may
be brought to the notice of the field officers by issuing suitable Standing orders/instructions.
Difficulties faced, if any, in the implementation of the Circular may please be
brought to the notice of the Board, at an early date. F. No.502/3/2010-Cus.VI
( Vikas ) Under Secretary (Cus.VI
-COPY
OF- Customs Notification No. 50/2010 - Customs (N.T.) DATED THE 28th
June 2010
S.O. (E). In exercise of the powers conferred
by section 14 of the Customs Act, 1962 (52 of 1962), and in supersession of the
notification of the Government of India in the Ministry of Finance (Department
of Revenue) No.42/2010 CUSTOMS (N.T.), dated the 26th May, 2010 vide number S.O.1239
(E), dated the 26th May, 2010, except as respects things done or omitted to be
done before such supersession, the Central Board of Excise and Customs hereby
determines that the rate of exchange of conversion of each of the foreign currency
specified in column (2) of each of Schedule I and Schedule II annexed hereto into
Indian currency or vice versa shall, with effect from 1st July, 2010 be the rate
mentioned against it in the corresponding entry in column (3) thereof, for the
purpose of the said section, relating to imported and export goods.
SCHEDULE-I
S.No. Foreign Currency Rate of exchange of one unit of foreign currency equivalent
to Indian rupees (1) (2) (3) (a) (b) (For
Imported Goods) (For Export Goods) 1. Australian Dollar 40.70 39.60 2.
Canadian Dollar 45.25 43.95 3. Danish Kroner 7.85 7.55 4. EURO 58.10 56.50
5. Hong Kong Dollar 6.05 5.90 6. Norwegian Kroner 7.25 7.05 7. Pound
Sterling 70.40 68.55 8. Swedish Kroner 6.05 5.90 9. Swiss Franc 42.75
41.65 10. Singapore Dollar 33.80 32.95 11. US Dollar 46.95 46.00
SCHEDULE-II
S.No. Foreign Currency Rate of exchange
of 100 units of foreign currency equivalent to Indian rupees (1) (2) (3)
(a) (b) (For Imported Goods) (For Export Goods) 1.
Japanese Yen 52.65 51.15
[F.No.468/8/2010-Cus.V]
(M.
Satish Kumar Reddy) DIRECTOR TO THE GOVT. OF INDIA TELE: 2309 3380
-COPY
OF- CUSTOMS CIRCULAR NO.18/2010-Cus Dated: July 8, 2010 Subject:
Refund of 4% Additional Duty of Customs (4% CVD) in pursuance of Notification
No.102/2007-Customs dated 14.9.2007 Special Drive for clearance of pending
4% SAD refund claims - reg.
Your
kind attention is invited to the Notification No.102/2007-Customs dated 14.9.2007
and Board's C irculars No.6/2008-Customs dated 28.4.2008 and No.16/2008-Customs
dated 13.10.2008 regarding refund of 4% Additional Duty of Customs (4% CVD). Attention
is also invited to the Board's Circulars No.24/2007-Customs dated 2.7.2007, No.22/2008-Customs
dated 19.12.2008 and No.7/2008-Customs dated 28.5.2008 which relate to general
refund cases. 2. In this regard, several representations from the trade and
industry, associations continue to be received in the Board complaining about
the delay in refund of 4% CVD or denial of the refund on one pretext or the other,
causing them great hardship. 3. In view of the fact that all the doubts of
the field formations had been clarified by the Board vide above mentioned Circulars,
it is viewed that there may not be any difficulty in timely disposal of refund
claims. However, on review of the pending refund claims as on 31.3.2010 at major
Custom Houses, it has been noticed that more than 80% of pending claims relate
to 4% CVD cases. Hence, the Board has decided to further simplify the procedure
for claiming 4% CVD refund in the following manner. 4.1. In respect of Accredited
Clients registered with Customs in terms of Circular No.42/2005-Customs dated
24.11.2005 (ACP clients), the amount of 4% CVD refund shall be sanctioned in full,
on preliminary scrutiny of the following documents: (a) TR-6 Challans (in original)
for CVD payment; (b) VAT/ST payment Challans (in original); (c) summary of sale
invoices; and (d) certificate of statutory Auditor / Chartered Accountant, for
correlating the payment of ST/VAT on the imported goods with the invoices of sale
and also to the effect that the burden of 4% CVD has not been passed on by the
importer to the buyer. The procedure for pre-audit for ACP clients shall be done
away with and detailed scrutiny should be done only at the stage of post-audit.
The refund claims shall be sanctioned within the maximum time period of 30 days
in all such cases. 4.2. Submission of sale invoices shall be required only
in electronic form (CD or other media) in respect of 4% CVD refund cases and submission
of paper documents is accordingly dispensed with. 5. In order to enable timely
payment of refund in case of 4% CVD, a system of optional facility of directly
crediting the applicant's bank account, through RTGS (Real Time Gross Settlement)
or NEFT (National Electronics Funds Transfer) System is being prescribed. This
facility is already functioning in Mumbai Customs Zone-II and has been found useful
for the trade. Hence, Board has decided to extend this facility on optional basis
to all other Customs formations also. Necessary authorisation for payment of refund
amount directly to Bank Account may be taken in such cases from the importer/
authorised signatory of the importer in the form annexed. (Annexure-I) 6.
Some field formations have also raised certain doubts whether the audited Balance
Sheet and Profit and Loss Account have to be examined in respect of the current
financial year for scrutiny of unjust enrichment aspect. It is stated that a large
number of refund claims relating to the current year were held up for want of
such verification. In this regard, the issue has been examined by the Board and
it has been decided that the field formations shall accept a certificate from
Chartered Accountant for the purpose of satisfying the condition that the burden
of 4% CVD has not been passed on by the importer to any other person. Further,
the importer shall also make a self-declaration along with the refund claim to
the effect that he has not passed on the incidence of 4% CVD to any other person.
Hence, there is no need for insisting on production of audited Balance Sheet and
Profit and Loss Account in these cases. It may also be noted that recently the
Board has also notified the list of documents required to be filed by the applicant
along with the refund claim (Annexure-II) which is also displayed in the departmental
website. Hence, other than these aforesaid documents, no other document would
be required in the normal course of granting 4% CVD refund. 7. Board also
desires that the Commissioner of Customs shall personally monitor all cases of
4% CVD refund claims pending for more than 30 days so as to ensure that these
are disposed of within the overall time limit of three months. 8. A suitable
Public Notice and Standing Order may be issued for the guidance of the trade and
staff. Difficulties faced, if any, in implementation of this Circular may
be brought to the notice of the Board at an early date. F. No. 401/46/2008-Cus.III
(R. P. Singh) Director (Customs) Annexure - I
Authorization
for payment of refund amount directly to Bank Account I.E.C. No. _______________
PAN No. _________________. M/s ______________________________
Address:
__________________________
__________________________________
__________________________________ E-mail address: Bank Account No.:
__________________ Bank Name: ______________________ Bank Address: ______________________
11 digit alphanumeric IFS Code : ________________ I declare that the above
particulars are correct. I authorize payment of refund amount for my refund claims
filed at ______________________ Custom House to my above mentioned Bank Account
through NEFT / RTGS after deduction of Bank's service charges at the rate of 0.09%
and applicable NEFT / RTGS charges as per RBI guidelines. Name of the Authorised
signatory / Representative of the Importer
Signature :
Date: Place:
Certified that the above details are correct.
Signature of Bank Branch Manager along with the official Seal Annexure
- II
Sl.No. Type of refund claim Section / notification under which filed
Illustrative list of documents to be filed by applicant along with Application
for refund claim in prescribed form (Customs Series Form No.102 as given in Part
5 of Customs Manual) 3 Refund of 4% SAD Notification No. 102/2007-Customs
dated 14.9.2007 1. Document evidencing payment of the Special Additional Duty
(SAD). 2. Invoices of sale of the imported goods in respect of which refund
of the said SAD is claimed. 3. Documents evidencing payment of appropriate
sales tax or value added tax, as the case may be, by the importer, on sale of
such imported goods. 4. Certificate from a statutory auditor / CA who certifies
the final accounts in respect of correlation of VAT payment, payment of 4% SAD
amount and unjust enrichment as prescribed in Board's circular No.6/2008-Customs
dated 28.4.2008 and 16/2008-Customs dated 13.10.2008. 5. Copy of the Consignment
Sale Agreement. (in case of sale through consignment agents / stockists). 6.
Self-declaration / Affidavit (for e.g. in case of submission of invoice in soft
form in lieu of paper documents, in case of fulfillment of the doctrine of unjust
enrichment to the effect that the applicant has not passed on the incidence of
4% SAD to any other person). 7. Any other document considered necessary in
support of the claim.
CBEC
extends anti-dumping duty on DTPC import from China Whereas, in the matter
of import of Diethyl Thio Phosphoryl Chloride (hereinafter referred to as the
subject goods), falling under Chapter 28 or 29 or 38 of the First Schedule to
the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the said
Customs Tariff Act), originating in, or exported from, People's Republic of China
(hereinafter referred to as the subject country) and imported into India, the
designated authority in its preliminary findings vide notification No.14/18/2008-DGAD,
dated the 25th May, 2009, published in the Gazette of India, Extraordinary, Part
I, Section 1, dated the 25th May, 2009, had come to the conclusion that- (a)
the subject goods had been exported to India from subject country below its normal
value, thus resulting in dumping of the product; (b) The domestic industry
had suffered material injury due to dumping of the subject goods; and (c)
The material injury had been caused by the dumped imports from subject country;
And had recommended imposition of provisional anti-dumping duty on the imports
of subject goods, originating in, or exported from, the subject country; And
whereas, on the basis of the aforesaid findings of the designated authority, the
Central Government had imposed provisional anti-dumping duty on the subject goods
vide notification of the Government of India in the Ministry of Finance (Department
of Revenue), No. 73/2009-Customs, dated 22 nd June, 2009, published in the Gazette
of India Extraordinary, Part II, Section 3, Sub-section ( i ) vide number G.S.R.
437(E), dated the 22 nd June, 2009; And whereas, the designated authority
in its final findings vide notification No. 14/18/2008-DGAD dated the 6 th May,
2010, published in the Gazette of India, Extraordinary, Part I, Section 1, dated
the 6 th May, 2010, had come to the conclusion that- (a) the subject goods
had been exported to India from subject country below its normal value, thus resulting
in dumping of the subject goods; (b) the domestic industry had suffered material
injury due to dumping of the subject goods; (c) the material injury had been
caused by the dumped imports from subject country; and had recommended the
imposition of definitive anti-dumping duty on imports of the subject goods originating
in, or exported, from the subject country; Now, therefore, in exercise of
the powers conferred by sub-section (1), read with sub-section (5) of section
9A of the said Customs Tariff Act and rules 18 and 20 of the Customs Tariff (Identification,
Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination
of Injury) Rules, 1995, the Central Government, on the basis of the aforesaid
final findings of the designated authority, hereby imposes on the subject goods,
the description of which is specified in column (3) of the Table below, falling
under Chapter of the First Schedule to the said Customs Tariff Act as specified
in the corresponding entry in column (2), originating in the country as specified
in the corresponding entry in column (4), and produced by the producers as specified
in the corresponding entry in column (6), when exported from the country as specified
in the corresponding entry in column (5), by the exporters as specified in the
corresponding entry in column (7), and imported into India, an anti-dumping duty
at the rate equal to the amount indicated in the corresponding entry in column
(8), in the currency as specified in the corresponding entry in column (10) and
per unit of measurement as specified in the corresponding entry in column (9),
of the said Table. Table
Sl No. Chapter Description of goods Country
of origin Country of export Producer Exporter Duty amount Unit Currency (1)
(2) (3) (4) (5) (6) (7) (8) (9) (10) 1 28 or 29 or 38 Diethyl Thio Phosphoryl
Chloride People's Republic of China People's Republic of China Yangxin Chentian
Chemical Industry Co., Ltd. Yangxin Chentian Chemical Industry Co., Ltd. 1.024
Per Kg US Dollar 2 28 or 29 or 38 Diethyl Thio Phosphoryl Chloride People's
Republic of China People's Republic of China Lianyungang Liben Agro-chemical Co.,
Ltd. Lianyungang Liben Agro-chemical Co., Ltd. 0.754 Per Kg US Dollar 3
28 or 29 or 38 Diethyl Thio Phosphoryl Chloride People's Republic of China People's
Republic of China Xingtai Pesticides Co., Ltd. Xingtai Pesticides Co., Ltd. 0.516
Per Kg US Dollar 4 28 or 29 or 38 Diethyl Thio Phosphoryl Chloride People's
Republic of China People's Republic of China Zhejiang Xinnong Chemical Co., Ltd.
Zhejiang Xinnong Chemical Co., Ltd. 0.798 Per Kg US Dollar 5 28 or 29 or 38
Diethyl Thio Phosphoryl Chloride People's Republic of China People's Republic
of China Any combination of producer and exporter other than the above 1.157 Per
Kg US Dollar 6 28 or 29 or 38 Diethyl Thio Phosphoryl Chloride People's Republic
of China Any country other than People's Republic of China Any Any 1.157 Per Kg
US Dollar 7 28 or 29 or 38 Diethyl Thio Phosphoryl Chloride Any country other
than People's Republic of China People's Republic of China Any Any 1.157 Per Kg
US Dollar 2. The anti-dumping duty imposed shall be levied for
a period of five years (unless revoked, superseded or amended earlier) from the
date of imposition of the provisional anti-dumping duty, that is, 22nd
June, 2009 and shall be payable in Indian currency. Explanation: For the purposes
of this notification, rate of exchange applicable for the purposes of calculation
of such anti-dumping duty shall be the rate which is specified in the notification
of the Government of India, in the Ministry of Finance (Department of Revenue),
issued from time to time, in exercise of the powers conferred by section 14 of
the Customs Act, 1962 (52 of 1962), and the relevant date for the determination
of the rate of exchange shall be the date of presentation of the bill of entry
under section 46 of the said Customs Act. F.No.354/127/2009 TRU (
Prashant Kumar) Under Secretary to the Government of India
[To
be published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section
(ii)] Government of India Ministry of Finance (Department of Revenue) Notification
No. 65/2010-Customs (N.T.) New Delhi, dated the 7th July , 2010. Ashada,
1932 Saka. S.O. (E). In exercise of the powers conferred by sub-section
(1) of section 4 of the Customs Act, 1962 (52 of 1962), the Central Board of
Excise and Customs hereby appoints the Joint Commissioner of Customs or Additional
Commissioner of Customs (Sea Port-Import), Chennai to exercise the powers and
discharge the duties conferred or imposed on the Joint Commissioner of Customs
or Additional Commissioner of Customs (Sea Port-Import), Kolkata, for the purpose
of adjudicating the matters relating to Show Cause Notice pertaining to M/s
Eastern Equipment Enterprises, No. 6D, Land Mark (Opp. Minto Park), No. 228A,
AJC Bose Road, Kolkata-20 and others, issued vide F.No. VIII/48/28/2009-DRI
dated the 1st June, 2010, by the Additional Director, Directorate General of
Revenue Intelligence, Chennai Zonal Unit, Chennai. [F.No. 437/36/2010-Cus.IV] (Navraj
Goyal) Under Secretary to the Government of India
CUSTOMS
CIRCULAR NO.19/2010-Cus Dated: July 13, 2010 Subject: Display at
Airports - LCS about prohibition of import - export of Indian currency notes of
denomination of above Rs.100 in India and in Nepal regarding As you
may be aware, the export and import of currency notes of Government of India and
Reserve Bank of India notes (other than notes of denominations of above Rs.100
in either case) is not allowed to and from Nepal and Bhutan in terms of Notification
No. FEMA 6 / RB-2000 dated 3.5.2000 issued under Foreign Exchange Management (Export
and Import of Currency) Regulations, 2000 by the Reserve Bank of India. Similarly,
the Indian currency notes in the denomination of Rs.1000 and Rs.500 are not permissible
for exchange for banking transaction in Nepal in terms of guidelines issued by
Ministry of Finance, Government of Nepal and Nepal Rashtra Bank. In fact, the
current legal provisions in Nepal provide that notes of these denominations are
liable for seizure and the persons carrying them are to be fined or imprisoned
for upto three years. 2. Instances have come to the notice of the Board that
many Indian nationals travelling to Nepal by Air or by land routes and carrying
Indian currency notes of Rs.500 and Rs.1000 denomination primarily due to ignorance
of the law, are not only violating the RBI regulations issued in this regard but
also get entangled in legal proceedings for possession of these notes in Nepal,
like criminal prosecution along with confiscation of such currency notes. 3.
The matter has been examined in the Board. In order to check such illegal import
/ export of currency notes of denomination of above Rs.100 and to prevent harassment
and avoidable legal issues, it is felt necessary to educate / sensitize the people
travelling between Nepal and India through Air or land routes regarding aforementioned
legal provisions. Accordingly, since the import and export of Indian currency
notes of denomination of above Rs.100/- (in either case) is prohibited as per
Indian law and the use of Indian currency notes of denomination of Rs.500 and
Rs.1000 is also prohibited in Nepal, Board hereby desires that at prominent places
at the Airports and Land Customs Stations in India from where the passengers depart,
to put up a display / notice board mentioning that Import / export of Indian
currency notes of the denomination of above Rs.100 from / to Nepal is prohibited
and would attract penal provisions. The use of such currency notes of the denomination
of Rs.1000 and Rs.500 is also prohibited in Nepal. Therefore, these notes are
liable to be seized and the persons carrying them are liable to be fined or imprisoned
for upto three years in Nepal. 4. The concerned airlines can also be
requested to sensitize the passengers at the time of departure by displaying such
advisory at their Check-in Counters. F.No.520/23/2010-Cus.VI
R
. P. Singh Director (Customs)
PUBLIC
NOTICE NO.74/2009-2014 Dated: June 8, 2010 Subject: Amendment of SION
A-1667
In
exercise of the powers conferred under Paragraph 2.4 of the Foreign Trade Policy,
2009-14 and Paragraph 1.1 of the Handbook of Procedures (Vol.1), the Director
General of Foreign Trade hereby makes the following amendments/corrections in
the Handbook of Procedures, Vol.II, 2009-2014, as amended from time to time. 2.
In the statement of Standard Input Output Norms (SION) as contained in the Handbook
of Procedures (Vol.II), 2009-2014, as amended from time to time, amendments/corrections
are made against SION entry at A-1667 as mentioned in ANNEXURE "A" to
this Public Notice. This issues in public interest. F. No. 01/87/171/00001/AM11/DES-VII) (R.
S. Gujral) Director General of Foreign Trade and ex-officio Special Secretary
to the Government of India ANNEXURE "A" to Public Notice No. 74/2009-2014
Dated: 08.06.2010 EXPORT ITEM QTY IMPORT ITEM QTY Automobile Tyres reinforced
with Nylon tyre-cord Warp-sheet or rayon tyre cord warp-sheet 100 kg 1 (a) Natural
Rubber 44 kg 1 (b) Synthetic Rubber (PBR/SBR - 1502/1712/1723/1783) 8.6 kg
1 (c) V.P.Latices 0.4 kg 2. Carbon Black 23 kg 3. Nylon/ Tyre Yarn/ Cord/
Warp Sheet/Fabric(both dipped and undipped) 13 kg 4. Bead wire 4 kg 5.
Pigments/ chemicals the following :- (a) Rubber chemicals (Antioxidants,
Acelerator, Antiozonant, Retarders and Peptizers). (Import of antioxidants however,
shall not exceed 1 kg for each 2 kgs of Rubber chemicals allowed) 2.00 kg
(b) Zinc oxide 2.00 kg (c) All other Miscellaneous materials/ chemicals viz.,
microcrystalline wax, paraffin wax, pigments and softeners, stearic acid solvents,
plasticisers synthetic resins, bonding/ coupling agents, activatorsand fillers
Dip Chemicals (excluding resorcinol) mould release agents, tackifiers and catalysts
and syloff 7.40 kg (d) Resorcinol 0.10 kg (e) Insoluble Sulphur 0.50 kg
6. Furnace Oil/ L.S.H.S. 23.8 Litres Note: 1. In case of Bus/Truck Tyres, out
of the total quantity 8.6 kgs. the quantity of SBR allowed is up to 3 kgs (maximum)
and the quantity of PBR allowed is 5.6 kgs. 2. The above norm is also applicable
for Tubeless Tyres with Natural Rubber Inner Liner. 3. If the firm import Dipped
fabric, items allowed for dipping i.e. Resorcinol and V.P. Latex shall not be
allowed but a weight of 0.61 kg may be added.
PUBLIC
NOTICE NO.73/2009-2014 Dated: June 8, 2010
Subject:
Amendment in Para 5.1A of HBP Vol.I, 2009-2014 In exercise of the powers conferred
under Paragraph 2.4 of the Foreign Trade Policy, 2009-14 and Paragraph 1.1 of
the Handbook of Procedures (Vol.1), the Director General of Foreign Trade hereby
makes the following amendments in the Handbook of Procedures, Vol.I, 2009-2014,
as amended from time to time. 2. The words "Imports under " appearing
in the first line of sub-para 4 of Para 5.1A of HBP Vol.I stand deleted. This
issues in public interest. F. No. 01/36/218/68/AM-10/Pol.V/EPCG.II
(R.
S. Gujral) Director General of Foreign Trade and ex-officio Special Secretary
to the Government of India
RE
NOTICE NO.68/2009-14 Dated: May 26, 2010
In
exercise of powers conferred under paragraph 2.4 of Export and Import Policy,
2002-07(RE2003) and Foreign Trade Policy, 2004-09, Director General of Foreign
Trade hereby makes the following amendments in the Handbook of Procedures (Vol.
I) (RE2003); Handbook of Procedures (Vol. I) (RE2004) and Handbook of Procedures
(Vol. I) (RE2005): 1. In the Para 3.2.6A (VI) of Handbook of Procedures (Vol.
I) (RE2003) and Para 3.2.5 - VII of Handbooks of Procedures (Vol. I) (RE2004 &
RE2005) , the following is added at the end. "The Certificates / Scrips
, which are valid as on the date of issue of this Public Notice, shall have an
extended validity for a further period of 12 months from the date of issue of
this Public Notice, and there shall be no requirement of endorsement of this extended
validity on the Certificate/Scrip from the concerned regional authority. "
This issues in Public interest. F.No.01/91/180/153/AM11/PC-3
(R.S.GUJRAL)
DIRECTOR GENERAL OF FOREIGN TRADE Ex-officio Special Secretary to Government
of India
-COPY
OF- RE NOTIFICATION NO.47/2009-14 Dated: May 26, 2010 Subject: Import
policy of radial tyres. In exercise of powers conferred under section 5 of
the Foreign Trade (Development and Regulation) Act, 1992 read with paragraph 2.1
of the Foreign Trade Policy, 2009-2014, the Central Government hereby makes the
following amendments in Schedule -1 of the ITC(HS) Classifications of Export and
Import Items. 2. After amendment the following entry would read as under:-
Exim Code Item description Policy 4011 20 10 Radials Free 3. This
issues in public interest. File No. 01/89/180/46/AM09/ PC2( A)Pt1
Renting
Immovable Property - Are We headed for more confusion Delhi
High Court decision on Renting of Immovable Property_ More Developments
The
Delhi High Court in a Writ Petition filed by Home Solutions Retail Ltd has granted
a stay from recovery of Service tax under the recently amended entry of Renting
of Immovable Property service, where an amendment was made vide the Finance Act
2010 with retrospective effect from June 1, 2007.
Background
The
Finance Act, 2007 had introduced Renting of Immovable Property service with effect
from June 1, 2007. The taxable service was defined under Section 65(105)(zzzz)
as:
(zzzz) to any person, by any other person in relation to renting
of immovable property for use in the course or furtherance of business or commerce
Upon introduction of the above service, Writ Petitions were filed in
various High Courts challenging the levy on the following main grounds: (i)
Merely allowing use of land/ building does not amount to provision of a service.
(ii) Service tax is on a service provided along with the renting of immovable
property and not on renting per se. (iii) Levy of Service tax on Renting of
Immovable Property amounts to levy of tax on land / buildings, which fall within
the State List and is not within the purview of the Central Government. Post
the above Writ Petitions, the Supreme Court transferred all the Writs to the Delhi
High Court for appropriate disposal. The Delhi High Court in Home Solutions Retail
India Ltd. & Ors. v. Union of India [2009 (237) ELT 209 (Del.)], held as under:
35Consequently, the renting of immovable property for use in the course
or furtherance of business of commerce by itself does not entail any value addition
and, therefore, cannot be regarded as a service. Of course, if there is some other
service, such as air conditioning service provided alongwith the renting of immovable
property, then it would fall within Section 65(105)(zzzz).
36. In view
of the foregoing discussion, we hold that Section 65(105)(zzzz) does not in terms
entail that the renting out of immovable property for use in the course or furtherance
of business of (sic) commerce would by itself constitute a taxable service and
be exigible to service tax under the said Act. The obvious consequence of this
finding is that the interpretation placed by the impugned notification1 and circular2
on the said provision is not correct. Consequently, the same are ultra vires the
said Act and to the extent they authorise the levy of service tax on renting of
immovable property per se, they are set aside.
Post the above decision,
Revenue went to appeal before the Supreme Court, where the honble Supreme Court
did not grant stay to the Delhi High Courts order.
Recent Amendment in
the Finance Bill, 2010
The Finance Bill 2010 (which became the Finance
Act, 2010 on May 8, 2010) had proposed to amend the taxing entry of Renting of
Immovable Property services with retrospective effect from 01.06.2007, inter alia,
as under:
to any person, by any other person, by renting of immovable
property or any other service in relation to such renting, for use in the course
of or, for furtherance of, business or commerce.;
In this regard, the
Circular issued by the TRU dated February 26, 2010 clarified as under: Amendments
are being made in the definition of the taxable service Renting of immovable property
[section 65 (105) (zzzz)] to (i) provide explicitly that the activity of renting
itself is a taxable service. This change is being given retrospective effect from
01.06.2007; With the above retrospective amendment, renting of immovable property
became taxable with effect from June 1, 2007 and therefore, the Delhi High Court
decision was nullified.
Recent Developments
The Delhi High Court
while granting the stay has considered the decision of the Division Bench of Delhi
High Court in Home Solutions Retail India Ltd. & Ors. v. Union of India [2009
(237) ELT 209 (Del.)], wherein it was held that renting of real estate by itself
cannot be by any stretch of imagination be regarded as a service. It was also
observed that the renting by itself did not entail any value addition, and therefore,
cannot be regarded as a service. The Delhi High Court has also acknowledged
that on the basis of aforesaid decision, which is presently pending adjudication
before the Supreme Court, that the present amendment has been introduced to Section
65 (105)(zzzz) by virtue of the Finance Act, 2010 and in particular to Section
76 thereof.
It
was argued by the petitioner that the amendment sought to be introduced, puts
the petitioner in a worse position than the original provision which has already
held not to have any element of service so as to be exigible to Service tax. The
Honble Delhi High Court, while granting the stay under the amended taxing entry
of Renting of Immovable Property service has stated as under:
Prima
facie, it appears that renting of immovable property itself has been regarded
as a service by virtue of the recent amendment even though this Court by virtue
of the said decision on 18.04.2009 had categorically concluded that renting of
immovable property by itself cannot be regarded as a service.
The
respondents shall file the counter-affidavits within four weeks and the petitioner
shall file the rejoinder / affidavits thereto within two weeks thereafter. In
the meanwhile, there shall be no recovery of Service tax from the petitioner in
respect of renting of immovable property alone. No such service tax would be recovered
from respondents 5-10 in the meanwhile. It is made clear that in the event
the writ petition is dismissed, the liability to pay Service tax along with any
other liability as a result of demand made will solely be that of the petitioner.
We make it clear that there is no challenge in this writ petition to the second
part of the aforesaid provision, namely, any other service in relation to such
renting and consequently, if there is any other such service, the service provider
would be liable to pay service tax on such service and in respect of this portion
of the provision there is no stay. Conclusion
The
Delhi High Court in its erstwhile Order dated April 18, 2009 had held that renting
of immovable property by itself cannot be regarded as a service. The proposed
amendment vide the Finance Bill 2010 in the definition of taxable service was
sought to bring within the Service tax net the activity of renting of immovable
property per se. The proposed amendment thus, seeks to nullify the position settled
by the decision of the Honble High Court of Delhi in Home Solutions Retail India
Ltd. The above in fact has also been observed by the Delhi High Court in its Stay
Order dated May 18, 2010. It is important to note that the above stay order
shall be applicable only to the petitioner, i.e., Home Solutions Retail India
Ltd and not to any other party.
However, what remains unclear is whether
something which is not a service per se can be deemed to be a service and whether
Service tax can be levied on the same. Further, whether the Central Government
is competent under the legislation to tax immovable property, which is the subject
area of taxation for the State Governments is a matter left unanswered By:
Nimish Goel
COPY
OF- PUBLIC NOTICE NO.67/2009-14 Dated: May 25, 2010 Subject:
Amendment in Appendix 13, Appendix 22 C and Appendix 27.
In
exercise of powers conferred under paragraph 2.4 of the Foreign Trade Policy,
2009-14, the Director General of Foreign Trade hereby makes the following amendments
in the Handbook of Procedures (Volume 1). 2.1 The entries in Appendix 13 shall
be substituted by the following: "Agencies/Funds notified by the Government
of India, Ministry of Finance, Deptt . of Economic Affairs vide their Public Notice
No.1(FT)/DEA/2010 dated 5 th May, 2010 for the purpose of Deemed Export benefits:-
1. International Bank of Reconstruction and Development (IBRD) and International
Development Association (IDA) 2. International Fund for Agricultural Development
(IFAD) 3. Asian Development Bank (ADB) 4. Organization of Petroleum Exporting
Countries (OPEC) Fund 5. Yen credit channelised through Japan International
Cooperation Agency (JICA). [Development component only]. 6. Swedish International
Development Agency (SIDA) 2.2.1 Paragraph (e) of Form 1-A and Para 2 (e) of
Form I-B of Appendix 22C, as amended vide Public Notice 39 dated 8 th February
2010, shall be substituted as under : "(e) ( i ) The supply of goods
under the contract made to power project in India is under the procedure of international
competitive bidding in accordance with the provisions of Paragraph 8.2(g) and
8.4.4 (iv) of the Policy, and the import content of the order is Rs .(Figures
and words ) (ii) That supply of goods under the contract
made to mega power project in India is under the procedure of ICB or requisite
quantum of power has been tied up through tariff based competitive bidding or
project has been awarded through tariff based competitive bidding in accordance
with the provisions of paragraph 8.2 and 8.4.4(iv) of FTP, and the import content
of the order is Rs ( Figures and words)."
2.3 Paragraph (e) of Appendix 27, as amended vide Public Notice 39 dated 8
th February 2010 , shall be substituted by the following: "(e) ( i )
That supply of the goods under the contract to be made to power project in India
is under the procedure of international competitive bidding in accordance with
the provisions of paragraph 8.2(g) and 8.4.4 (iv) of the Policy and that the import
content of the order is Rs . (figures and words .). (ii) That supply
of goods under the contract made to mega power project in India is under the procedure
of ICB or requisite quantum of power has been tied up through tariff based competitive
bidding or project has been awarded through tariff based competitive bidding in
accordance with the provisions of paragraph 8.2 and 8.4.4(iv) of FTP, and the
import content of the order is Rs ( Figures
and words)." This issues in public interest. F.No . 01/92/180/ 162/AM08/PC
6
R.S.
Gujral Director General of Foreign Trade and Ex- officio Special Secretary
to the Government of India
No. G.S.R. /P.A.8/2005/S.70/Amd.( )/2010.-In exercise of the powers conferred
by sub-section (1) of section 70 of the Punjab Value Added Tax Act, 2005 (Punjab
Act No. 8 of 2005), and all other powers enabling him in this behalf, the Governor
of Punjab is pleased to make the following rules, further to amend the Punjab
Value Added Tax Rules, 2005, namely;-
RULES
1. (1) These rules may be called the Punjab Value Added Tax (__Amendment) Rules,
2010. (2) They shall come into force on and with effect from the date of their
publication in the Official Gazette. 2. In the Punjab Value Added Tax Rules,
2005, in rule 36,- (a) in sub-rule (1), for the second and third provisos,
the following provisos shall be substituted, namely:- "Provided further
that a taxable person whose annual tax liability during the previous year was
rupees two lakh or more, shall determined his tax liability for every month, and
shall pay tax by the 20th day of the month, if paid through the crossed cheque
or draft, and by the 30th day of the month, if paid through the treasury receipt,
and shall submit the same to the designated officer, alongwith the information
as required in Form VAT-16; and payment for the last month of each quarter shall
be made on the 20th day or the 30th day of the close of quarter, as the case may
be, alongwith with quarterly return. The return in Form VAT-15, shall be accompanied
by photocopies of the treasury receipt, evidencing the payment of tax for the
previous two months also: Provided further that if the annual tax liability
of a person exceeds rupees two lakh as stated in the second proviso, the taxable
person shall continue to pay tax and furnish information as required in Form VAT-16
during all the subsequent year irrespective of the fact that his tax liability
decreases from rupees two lakh."; and (b) after sub-rule(1), the following
sub-rule shall be inserted, namely:- "(1-A) Notwithstanding anything contained
in sub-rule (1), the Commissioner may, for the reasons to be recorded in writing,
specify such categories of persons, who will deposit tax payable by them as per
provisions of sub-rule (1). However, such persons shall file consolidated return
in such Form, as may be specified by the Commissioner from time to time."
SHIVINDER SINGH BRAR, Financial Commissioner, Taxation and Secretary to
Government of Punjab, Department of Excise and Taxation.
GOVERNMENT
OF PUNJAB DEPARTMENT OF EXCISE AND TAXATION (EXCISE AND TAXATION II BRANCH) COPY
OF- CUSTOMS NOTIFICATION (N.T.) NO.44/2010-Cus.,(N.T.) Dated: May 31,
2010
CBEC
notifies rules of origin of goods for two ASEAN members - Vietnam & Myanmar
In exercise of the powers conferred by sub-section (1) of section 5 of the Customs
Tariff Act, 1975 (51 of 1975), the Central Government hereby makes the following
rules further to amend the Customs Tariff [Determination of Origin of Goods under
the Preferential Trade Agreement between the Governments of Member States of the
Association of Southeast Asian Nations (ASEAN) and the Republic of India] Rules,
2009, namely:- 1. (1) These rules may be called the Customs Tariff [Determination
of Origin of Goods under the Preferential Trade Agreement between the Governments
of Member States of the Association of Southeast Asian Nations (ASEAN) and the
Republic of India] Second Amendment Rules, 2010. (2) These rules shall come
into effect on the 1st day of June 2010. 2. In the Customs Tariff [Determination
of Origin of Goods under the Preferential Trade Agreement between the Governments
of Member States of the Association of Southeast Asian Nations (ASEAN) and the
Republic of India] Rules, 2009, in Annexure IV, after S.No. 3, the following S.
No. and entries shall be inserted, namely:- "S.No. Name of the Country 4.
The Socialist Republic of Viet Nam 5. The Union of Myanmar" F. No.
467/68/2004-Cus.V/ICD (M. SATISH KUMAR REDDY) Director to the Government
of India Note. - The principal rules were published in the Gazette of India,
Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 937(E),
dated the 31st December, 2009 and was subsequently amended vide number G.S.R.
41(E), dated the 19th January, 2010.
-COPY
OF- CUSTOMS NOTIFICATION (N.T.) NO 42-2010 (N.T.) Dated- May 26- 2010
Exchange
Rate wef 1st June 2010 In exercise of the powers conferred by section 14 of
the Customs Act, 1962 (52 of 1962), and in supersession of the notification of
the Government of India in the Ministry of Finance (Department of Revenue) No.32/2010-CUSTOMS
(N.T.), dated the 28 th April, 2010 vide number S.O.984(E), dated the 28th April,
2010, except as respects things done or omitted to be done before such supersession,
the Central Board of Excise and Customs hereby determines that the rate of exchange
of conversion of each of the foreign currency specified in column (2) of each
of Schedule I and Schedule II annexed hereto into Indian currency or vice versa
shall, with effect from 1 st June, 2010 be the rate mentioned against it in the
corresponding entry in column (3) thereof, for the purpose of the said section,
relating to imported and export goods. SCHEDULE-I S.No . Foreign Currency
Rate of exchange of one unit of foreign currency equivalent to Indian rupees (1)
(2) (3) (a) (b) (For Imported Goods) (For Export Goods) 1. Australian
Dollar 39.60 38.50 2. Canadian Dollar 44.80 43.65 3. Danish Kroner 7.95
7.70 4. EURO 59.10 57.50 5. Hong Kong Dollar 6.15 6.00 6. Norwegian Kroner
7.30 7.10 7. Pound Sterling 69.15 67.25 8. Swedish Kroner 6.05 5.90 9.
Swiss Franc 41.35 40.30 10. Singapore Dollar 34.00 33.15 11. US Dollar 47.85
46.95
SCHEDULE-II
S.No . Foreign Currency Rate of exchange of 100 units of foreign currency
equivalent to Indian rupees (1) (2) (3) (a) (b) (For Imported Goods)
(For Export Goods) 1. Japanese Yen 53.25 51.80
(M.
Satish Kumar Reddy) Director to the Govt. of India
-COPY
OF- CUSTOMS NOTIFICATION (N.T.) NO .43/2010 - Cus.,(N.T.) Dated: May
31, 2010
Revises
tariff value of poppy seeds and brass scraps
In
exercise of the powers conferred by sub-section (2) of section 14 of the Customs
Act, 1962 (52 of 1962), the Board, being satisfied that it is necessary and expedient
so to do, hereby makes the following further amendment in the notification of
the Government of India in the Ministry of Finance (Department of Revenue), No.
36/2001-Cus (N. T.), dated, the 3 rd August 2001, namely: - In the said notification,
for the Table, the following Table shall be substituted namely:- "TABLE
S. No. Chapter/ heading/ sub-heading/tariff item Description of goods Tariff
value US $ (Per Metric Tonne ) (1) (2) (3) (4) 1 1511 10 00 Crude Palm
Oil 447 (i.e. no change) 2 1511 90 10 RBD Palm Oil 476 (i.e. no change) 3
1511 90 90 Others - Palm Oil 462 (i.e. no change) 4 1511 10 00 Crude Palmolein
481 (i.e. no change) 5 1511 90 20 RBD Palmolein 484 (i.e. no change) 6
1511 90 90 Others - Palmolein 483 (i.e. no change) 7 1507 10 00 Crude Soyabean
Oil 580 (i.e. no change) 8 7404 00 22 Brass Scrap (all grades) 3895 9
1207 91 00 Poppy seeds 3228" F. No. 467/4/2010-Cus.V (Abhinav Gupta) Under
Secretary to the Government of India Note: - The Principal notification was
published in the Gazette of India, Extraordinary, vide Notification No. 36/2001
- Customs (N.T.), dated, the 3 rd August, 2001 (S. O. 748 (E), dated, the 3 rd
August, 2001) and was last amended vide Notification No. 37/2010-Customs (N.T.),
dated, the 14 th May, 2010 (S. O. 1112 (E) dated 14 th May, 2010).
-COPY
OF- PUBLIC NOTICE NO 69-2009-14 Dated- May 28-2010
Sub:
Amendment in PN No. 56 Sch of DEPB Rates In exercise of powers conferred under
Paragraph 2.4 of the Foreign Trade Policy, 2009-2014 and Paragraph 1.1 of the
Handbook of Procedures (Vol. I), the Director General of Foreign Trade hereby
makes the following amendments in the "Schedule of DEPB Rates" ( as
modified vide PN No. 56 dated 20.4.2010 ) with immediate effect. 1. Product
Group: Fish and Fish products Product Group: 66 Sl.No . Description DEPB Rate
Value Cap 1 Fish, Crustaceans, Molluscs , Aquatic, Invertebrates and any Aquatic
Animal product of marine or fresh water origin in live or chilled or dried form,
including Ornamental Fish and any Aquatic Animal product of marine or fresh water
origin not covered under S.No . 2 below. 4 Rs . 131 per Kg. (when in dried form)
This issues in the public interest. (R. S. Gujral ) Director General
of Foreign Trade and Ex-Officio Special Secretary to the Government of India
RE
NOTIFICATION NO. 46 /2009-14 DATED 24th MAY 2010
DGFT-Amendments
in Notification No. 44 -09-14 dated 21.5.2010
S.O. (E) In exercise of
the powers conferred by Section 5 of the Foreign Trade (Development & Regulation)
Act, 1992 (No.22 of 1992) read with Para 1.3 and 2.1 of the Foreign Trade Policy,
2009-14, and also read with Notification No. 26 (RE 2008)/2004-09 dated 22.7.2008,
the Central Government hereby makes the following amendments in Notification No.
44 /2009-14 dated 21.5.2010.
2. With immediate effect, Para 2.1 is inserted
at the end of Para 2 of the Notification No. 44 /2009-14 dated 21.5.2010, as follows:
"2.1 Transitional arrangements allowed under Para 1.5 of the Foreign
Trade Policy, 2009-2014, shall, in public interest, not be applicable to the restrictions
imposed as above vide this notification."
3. This issues in public
interest.
Sd/- (R.S.
Gujral) Director General of Foreign Trade And Ex-officio Special Secretary
to the Govt. of India
PUBLIC
NOTICE NO 61-2009-2014 Dated- May 13- 2010
Subject:
New Office address of Regional Authority Puducherry .
In
exercise of powers conferred under paragraph 2.4 of the Foreign Trade Policy 2009-2014,
the Director General of Foreign Trade hereby makes the following amendment in
the List of Regional Authorities and their Jurisdiction given under Appendix 1
of Handbook of Procedure (Vol. I) 2009-2014: S. No. Name & address Telephone
No./ Fax No./ E-mail Territorial Jurisdiction 32. The Joint Director General
of Foreign Trade, No. 19-C, II Cross Street, Jawahar Nagar , Boomianpet , Puducherry
- 605005 Tel: 0413 - 2203238 Fax: 0413 - 2206994 Email:jdgft.pon@nic.in
Union Territory of Puducherry , Karaikal , Mahe , Yanam and Districts of Ramasamy
Padayatchiar ( Villupuram ) and South Arcot ( Cuddalore ) of Tamilnadu This
issues in public interest.
(R.S.
Gujral) Director General of Foreign Trade and Ex-Officio Special Secretary
to the Govt. of India
PUBLIC
NOTICE NO 62-2009-2014 Dated- May 13-2010
Subject:
Deletion of para 2.33.1 of HBP Vol.1, 2009-2014
In
exercise of powers conferred under paragraph 2.4 of the Foreign Trade Policy,
2009-2014, the Director General of Foreign Trade hereby makes the following amendment
in the Handbook of Procedures( Vol.1 ) 2009-2014:- "Paragraph 2.33.1
hereby stands deleted". 2. This issues in public interest.
(R.S.Gujral) Director
General of Foreign Trade and Ex-officio Special Secretary to the Government
of India
PUBLIC
NOTICE NO 63-2009-14 Dated- May 13- 2010
In
exercise of powers conferred under paragraph 2.4 of Foreign Trade Policy, 2009-14,
Director General of Foreign Trade hereby makes the following amendments in the
Handbook of Procedures (Vol. I): 1. In Appendix 37A, the following Note is
added against the VKGUY entry No. 6 of Table 1A, and entry No. 18 of Table 2.
"For the purpose of claiming VKGUY benefit, the admissible FOB value
for export products covered by ITC HS Code '0305' (falling under this VKGUY entry)
shall be the same as admissible in terms of the Public Notice No. 56/2009-14 dated
20.04.2010 " This issues in Public interest.
(R.S.GUJRAL) DIRECTOR GENERAL OF FOREIGN TRADE Ex-officio Special Secretary
to Government
CUSTOMS
NOTIFICATION (N.T.) NO.36/2010-Cus, (N.T.) Dated: May 5, 2010 In
exercise of the powers conferred by section 157 of the Customs Act, 1962 (52 of
1962), the Central Board of Excise and Customs hereby makes the following regulations,
namely:- 1. Short title and commencement. - (1) These regulations may
be called the Courier Imports and Exports (Electronic Declaration and Processing)
Regulations, 2010. (2) They shall come into force on the date of their publication
in the Official Gazette. 2. Application. - (1) These regulations shall apply
for assessment and clearance of imported or export goods, carried by an Authorised
Courier by air, on behalf of a consignee or consignor at such Customs airports
and in such form and to such extent, as the Board may, by notification, declare
for the purposes of these regulations in this behalf. (2) These regulations
shall not apply to: (a) the following imported goods requiring testing of
samples thereof or reference to the relevant statutory authorities or to experts
before their clearance, namely:- (i) animals and parts thereof, plants and
parts thereof; (ii) perishables; (iii) publications containing maps depicting
incorrect boundaries of India ; (iv)precious and semi-precious stones, gold
or silver in any form; (b) import or export of goods under any export promotion
scheme other than Export Oriented Unit (EOU) scheme and similar schemes referred
to in Chapter 6 of the Foreign Trade Policy 2009-14. (c) the following export
goods, namely:- (i) the goods which are subject to levy of any duty on their
exports; (ii) goods where the value of the consignment is above rupees twenty
five thousand and transaction in foreign exchange is involved: Provided that
the limit of rupees twenty five thousand as provided in this sub-clause shall
not apply to such export consignments where the G.R. Waiver or specific permission
has been obtained from the Reserve Bank of India . 3. Definitions. - (1)
In these regulations, unless the context otherwise requires - (a) "Act"
means the Customs Act, 1962 (52 of 1962); (b) "Authorised Courier",
in relation to imported or export goods, means a person engaged in the international
transportation of time-sensitive documents or goods on door-to-door delivery basis
and is registered in this behalf by a Commissioner of Customs in charge of a Customs
airport; (c) "Customs airport" means the airport declared by the
Board as Customs airport under sub-regulation (1) of regulation 2 of these regulations;
(d) "documents" includes any message, information or data recorded
on paper, cards or photographs and of no commercial value which is for the time
being not liable to any customs duty or subject to any prohibition or restriction
on their export out of or import into India; (e) "electronic declaration"
means the declaration of the particulars relating to the imported or export goods,
lodged in the Customs Computer System at the Customs airport, either through the
data-entry facility provided at the service centre or through the data communication
networking facility provided from the computer system of the Authorised Courier;
(f) "Form" means the Form appended to these regulations; (g)
"gifts" means any bonafide gifts of articles for personal use of a value
not exceeding twenty five thousand rupees per consignment in case of export goods
and ten thousand rupees per consignment in case of imported goods, which are not
subject to any prohibition or restriction on their export out of or import into
India and for which no transfer of foreign exchange is involved; (h) "samples"
means any bonafide commercial samples and prototypes of goods supplied free of
charge of a value not exceeding fifty thousand rupees per consignment for exports
or ten thousand rupees per consignment for imports, which are for the time being
not subject to any prohibition or restriction on their export out of or import
into India and for which no transfer of foreign exchange is involved; (i)
"service centre" means the place specified by the Commissioner of Customs
where data entry, for the purpose of lodgement of declaration or submission of
any information, is carried out; (2) The words used and not defined in these
regulations but defined in the Act shall have the meanings respectively assigned
to them in that Act. 4. Packing of goods to be imported or exported by courier.
- (1) For the purposes of these regulations, the imported or export goods shall
be packed separately for documents and goods. (2) Imported or export goods
shall bear a declaration from the sender or consignor regarding the contents of
each of the packages and the total value thereof. 5. Clearance of imported
goods. - (1) The Authorised Courier or his agent shall file, in an electronic
form, a manifest for imported goods prior to its arrival, with the proper officer
the Express Cargo Manifest - Import (ECM-I) in Form A; (2) (a) The Courier
packages containing the imported goods shall not be dealt with in any manner except
as may be directed by the Commissioner of Customs; (b) No person shall, except
with the permission of proper officer, open any packages of imported goods. (3)
The Authorised Courier or his agent who has passed the examination referred to
in regulation 8 or regulation 19 of the Customs House Agents Licensing Regulations,
2004 shall make entry of goods imported by him, in an electronic declaration,
by presenting to the proper officer the Courier Bill of Entry-XI (CBE-XI) for
documents in Form B or the Courier Bill of Entry-XII (CBE-XII) for free gifts
and samples in Form C or the Courier Bill of Entry-XIII (CBE-XIII) for low value
dutiable consignments in Form D or the Courier Bill of Entry-XIV (CBE-XIV) for
other dutiable consignments in Form E. (4) The Authorised Courier shall present
imported goods brought by him or by his agent, in such manner as to the satisfaction
of the proper officer or as per instructions issued by the Board or Public Notice
issued by Commissioner of Customs, from time to time, for inspection, screening,
examination and assessment thereof. (5) Any imported goods which are not taken
clearance after the expiry of a period of thirty days of its arrival, shall be
detained by proper officer and shall be sold or disposed of by the person having
custody thereof, after issuing a notice to the Authorised Courier and to the declared
importer, if any, and the charges payable for storage and holding of such goods
shall be payable by the Authorised Courier. 6. Clearance of export goods.
- (1) Notwithstanding anything contained in these regulations, the Authorised
Courier or his agent shall, on or after such date as the Board may specify, by
notification in the Official Gazette, file in an electronic form, a manifest for
export goods before its export with the proper officer the Courier Export Manifest
(CEM) in Form F. (2) (a) The courier packages containing the export goods
shall not be dealt with after presentation of documents to the proper officer
in any manner except as may be directed by the Commissioner of Customs; (b)
No person shall, except with the permission of proper officer, open any package
of export goods, brought into the Customs area, to be loaded on a flight. (3)
The Authorised Courier or his agent who has passed the examination referred to
in regulation 8 or regulation 19 of the Customs House Agents Licensing Regulations,
2004 shall make entry of goods for export, in Courier Shipping Bill-III (CSB-III)
for documents in Form G or, as the case may be, in the Courier Shipping Bill-IV
(CSB-IV) for goods in Form H, before presenting it to the proper officer. (4)
The Authorised Courier shall present the export goods to the proper officer, in
such manner as to the satisfaction of the proper officer or as per instructions
issued by the Board or Public Notice issued by Commissioner of Customs, from time
to time, for inspection, screening, examination and assessment thereof. (5)
Any export goods brought into customs area for export purpose and have not been
exported within seven days of arrival of such goods into such area or within such
extended period as permitted by the proper officer in case of delay due to such
reasons which the proper officer considers to be beyond the control of the concerned
Authorised Courier and declared exporter, may be detained by the proper officer
and sold or disposed off by the person having custody thereof, after issuing notice
to the concerned Authorised Courier and declared exporter provided the charges
payable, for storage and handling of such goods are paid by such Authorised Courier.
7. Application for registration of Authorised Courier. - (1) Every person
intending to operate as an Authorised Courier shall make an application in the
Form-I to the Commissioner of Customs having jurisdiction over the Customs airport
where the goods are to be imported or exported, for registration in this behalf.
(2) The Commissioner of Customs may dispose of the application under sub-regulation
(1) within forty five days of the receipt of the application. 8. Conditions
to be fulfilled by the applicant. - (1) The person applying for registration as
an Authorised Courier shall disclose to the satisfaction of the Commissioner of
Customs that he is financially viable and in support thereof he shall produce
to the said Commissioner of Customs a certificate issued by a scheduled bank or
such other proof acceptable to the Commissioner of Customs evidencing possession
of assets of a value not less than twenty five lakh rupees. (2) The electronic
declaration for clearance of imported or export goods shall be made by the persons
who has passed the examination referred to in regulation 8 or regulation 19 of
the Custom House Agents Licensing Regulations, 2004. Provided that a transition
period of six months from the date of publication of these Regulations shall be
allowed for fulfillment of the condition mentioned in sub-regulation (2) by an
authorised courier. (3) The applicant shall undertake to comply with the provisions
and abide by all the provisions of the Act and rules, regulations, notifications
and orders issued thereunder. 9. Scrutiny of application. - On receipt of
application for registration under regulation 7, the Commissioner of Customs,
may make enquiries for verification of the particulars set out in the application
and also such other enquiries as the Commissioner of Customs may deem necessary
for such registration including enquiries about the identity, bonafides and reputation
of the applicant. 10. Registration. - (1)If on scrutiny of the application
filed by a person under regulation 7, the Commissioner of Customs is satisfied
that the applicant fulfils the requirements of the registration, the said applicant
may be registered as an Authorised Courier. (2)The registration granted under
sub-regulation (1) shall be valid for an initial period of two years, but may
be renewed from time to time, in accordance with the procedure provided in sub-regulation
8. (3) An Authorised Courier who is already registered under Courier Imports
and Exports (Clearance) Regulations, 1998 on or before the date of coming into
force of these regulations in a Customs airport, shall be considered as an Authorised
Courier registered for the purpose of these regulations only on compliance of
the conditions stipulated in regulation 8. (4) The Authorised Courier referred
to in sub-regulation (3) shall comply with the conditions within a period which
shall not exceed a period of three months: Provided that the Commissioner
of Customs may extend the said period which shall not exceed a period of nine
months. Provided further that nothing contained in this sub-regulation shall
apply in respect of condition prescribed under sub-regulation (2) of regulation
8. (5) The registration granted under sub-regulation (3) shall be valid for
a period of ten years. (6) The Commissioner of Customs may, if he finds that
the applicant has been convicted in any court of law, or any criminal proceedings
are pending before any court of law against the applicant, reject an application
filed for registration of Authorised Courier. (7) The Authorised Courier,
who is registered under sub regulation (1) or sub regulation (3), shall transact
business in other Customs airports within the country subject to an intimation,
as specified in Form - J, to the Commissioner of Customs having Jurisdiction over
the Customs airport where he intends to transact business. (8) The Commissioner
of Customs may, on application made before the expiry of the validity of the registration
under sub-regulation (2) or sub-regulation (5), renew the registration for a period
of ten years from the date of expiration of the original registration or the last
renewal of such registration, as the case may be, if the performance of the Authorised
Courier is found to be satisfactory with reference to the absence of any complaints
of misconduct including non-compliance of any of the obligations specified in
regulation 12. (9) The Commissioner of Customs may, for reasons to be recorded
in writing, by order, review the registration granted under sub-regulation (1)
or sub-regulation (3) before the expiry of the ten years. 11. Execution of
bond and furnishing of security. - (1) The Commissioner of Customs shall require
the applicant to enter into a bond with a security of ten lakhs rupees in case
of major international airports of Mumbai, Delhi, Calcutta and Chennai and five
lakhs rupees in case of other airports in the form of cash deposit or bank guarantee
in the name of the Commissioner of Customs for complying with the provisions of
the Act, rules and regulations made thereunder and the condition of the said bond
shall also be that the applicant shall agree to pay the duty, if any, not levied
or short levied, with interest if applicable on any goods taken clearance of by
the Authorised Courier if in the opinion of the Assistant Commissioner of Customs
or Deputy Commissioner or Customs the same cannot be recovered from the importer
or the exporter. (2) The Authorised Courier who has been granted a registration
under regulation 10 or who has intimated in the Form J to the Commissioner of
Customs having jurisdiction over the Custom airport from where he has to transact
the business, shall furnish the bond and security as specified under sub-regulation
(1) for each of the Customs airports 12. Obligations of Authorised Courier.
- (1)An Authorised Courier shall - (i) obtain an authorisation, from each
of the consignees or consignors of the imported goods for whom or from whom such
Courier has imported such goods; or consignees or consignors of such export goods
which such Courier proposes to export, to the effect that the Authorised Courier
may act as agent of such consignee or consignor, as the case may be, for clearance
of such imported or export goods by the proper officer; (ii) file electronic
declarations, for clearance of imported or export goods, through a person who
has passed the examination referred to in regulation 8 or regulation 19 of the
Customs House Agents Licensing Regulations, 2004 and who are duly authorised under
section 146 of the Act; Provided that a transition period of six months from
the date of publication of these regulations shall be allowed to the Authorised
Courier for fulfillment of the obligation. (iii) advise his consignor or consignee
to comply with the provisions of the Act, rules and regulations made thereunder
and in case of non-compliance thereof, he shall bring the matter to the notice
of the Assistant Commissioner of Customs or Deputy Commissioner of Customs; (iv)
verify the antecedent, correctness of Importer Exporter Code (IEC) Number, identity
of his client and the functioning of his client in the declared address by using
reliable, independent, authentic documents, data or information; (v) exercise
due diligence to ascertain the correctness and completeness of any information
which he submits to the proper officer with reference to any work related to the
clearance of imported goods or of export goods; (vi) not withhold information
communicated to him by an officer of customs, relating to assessment and clearance
of imported goods as well as inspection, examination and Clearance of export goods,
from a consignor or consignee who is entitled to such information; (vii) not
withhold any information relating to assessment and clearance of imported goods
or of export goods, from the Assessing Officer; (viii) not attempt to influence
the conduct of any officer of Customs in any matter pending before such officer
or his subordinates by the use of threat, false accusation, duress or offer of
any special inducement or promise of advantage or by the bestowing of any gift
or favour or other thing or value; (ix) maintain records and accounts in such
form and manner as may be directed from time to time by an Assistant Commissioner
of Customs or Deputy Commissioner or Customs for a period of five years and submit
them for inspection to the Assistant Commissioner of Customs or an officer authorised
by him, wherever required; and (x) abide by all the provisions of the Act
and the rules, regulations, notifications and orders issued thereunder. 13.
Suspension or revocation of registration of authorised courier. - (1) The Commissioner
of Customs may revoke the registration of an Authorised Courier and also pass
an order for forfeiture of security on any of the following grounds namely:- (a)
failure of the Authorised Courier to comply with any of the conditions of the
bond executed by him under regulation 11; (b) failure of the Authorised Courier
to comply with any of the provisions of these regulations; (c) misconduct
on the part of Authorised Courier whether within the jurisdiction of the said
Commissioner or anywhere else, which in the opinion of the Commissioner renders
him unfit to transact any business in the Customs airport: Provided that no
such revocation shall be made unless a notice has been issued to the Authorised
Courier informing him the grounds on which it is proposed to revoke the registration
and he is given an opportunity of making a representation in writing and a further
opportunity of being heard in the matter, if so desired: Provided further
that, in case the Commissioner of Customs considers that any of such grounds against
an Authorised courier shall not be established prima facie without an inquiry
in the matter, he may conduct an inquiry to determine the ground and in the meanwhile
pending the completion of such inquiry, may suspend the registration of the Authorised
Courier: Provided also that if no ground is established against the Authorised
Courier, the registration so suspended shall be restored. (2) Any Authorised
Courier or the officer of the Customs authorised by the Chief Commissioner of
Customs in this behalf, if aggrieved by the order of Commissioner of Customs passed
under sub-regulation (1), may represent to the Chief Commissioner of Customs in
writing against such order within sixty days of communication of the order to
the Authorised Courier, and the Chief Commissioner of Customs shall, after providing
the opportunity of being heard to the parties concerned, dispose of the representation
as expeditiously as may be possible. 14. Penalty. - An Authorised Courier,
who contravenes any of the provisions of these regulations or abets such contravention
or who fails to comply with any provision of these regulations with which it was
his obligation to comply, shall be liable to a penalty which may extend to fifty
thousand rupees. F. No. 450/54/2008-Cus.IV
(Navraj
Goyal) Under Secretary to the Government of India FORM - I
[see
regulation 7(1)] To
The
Commissioner of Customs,
(Address)
Subject:
Application Form for registration / renewal of authorised courier under the Courier
Imports and Exports (Electronic Declaration and Processing) Regulations, 2010
issued under Section 157 of the Customs Act, 1962 (52 of 1962). Sir / Madam,
I/we, the undersigned hereby submit the following details for registration
as an authorised courier under the Courier Imports and Exports (Electronic Declaration
and processing) Regulations, 2010 : This application is for (i) New registration
(ii) For new PAN based Registration No. for existing registrants. (iii)
Amendment to information pertaining to existing registrants. (1 )Name of the
Authorized Courier: (2)Name of Customs House where registration is required:
(3) Existing Authorized Courier Registration No.(s), date & Customs Airport,
if any: (4) Permanent Account No. (PAN No.): (5) Constitution of Business:
(Specify whether Proprietorship, Partnership, Public Ltd. / Private Ltd. Company
Others.) (6) Registered Office address: (Complete details of the following
to be provided: Flat /Building/Plot No., Name of premises / Building, Road / Street
Name, Locality, City, State, Pin code No., Telephone Nos., Fax No., Email Address)
(7) Name and Residential Address of the Proprietor, Partners of the partnership
firm, of Directors of the Company or the persons in charge in case of other category,
as the case may be: (Complete details of the following to be provided: Flat
/Building/Plot No., Name of premises / Building, Road / Street Name, Locality,
City, State, Pin code No., Telephone Nos., Fax No., Email Address). (8) Name,
designation, residential address and educational qualification / knowledge of
Customs law & procedure of duly authorized signatory and employees who will
actually be engaged in work of Authorized courier: (Complete details of the
following to be provided: Flat /Building/Plot No., Name of premises / Building,
Road / Street Name, Locality, City, State, Pin code No., Telephone Nos., Fax No.,
Email Address) (9) In case, it is desired to appoint employees, Name, designation
residential address and educational qualification / knowledge of Customs law &
procedure of the employees, as the case may be: (Complete details of the following
to be provided: Flat /Building/Plot No., Name of premises / Building, Road / Street
Name, Locality, City, State, Pin code No., Telephone Nos., Fax No., Email Address)
(10) Particulars of the No. of consignments, value of cargo cleared and duty
paid as Authorized Courier during last three financial years: (11) Details
of Bank Accounts used for business transaction by the Registrant: (Bank Account
No., Name of Bank, Name of the Branch & address to be provided.) (12)
Details of Service Tax Registration: (Service Tax Registration No., date of
Issue, Commissionerate, Division, Range). (13) Whether the registration as
Authorized Courier held under these Regulations was cancelled or suspended: (14)
Whether the applicant or any of the persons proposed to be employed by him have
been penalized, convicted or prosecuted under any of the provisions of the Customs
Act,1962 (52 of 1962) or any other law for the time being in force: (15) Declaration:
I am / we are authorized to make the following declarations: I / We declare
that all particulars given herein are true and correct. I / We hereby affirm
that I/we have read the Courier Imports and Exports (Electronic Declaration and
Processing) Regulations, 2010 and agree to abide by them. I / We hereby undertake
to intimate any change in respect of the information provided in the aforesaid
application within a period of 30 days. Signature and name of the applicant(s)
or authorised signatory Date: Place: FORM - J [see regulation
10 (4)] FORM FOR INTIMATION OF AUTHORISED COURIER To The Commissioner
of Customs,
(Address) Subject: Application Form for intimation of authorised courier under
the Courier Imports and Exports (Electronic Declaration and Processing) Regulations,
2010 issued under Section 157 of the Customs Act, 1962 (52 of 1962). Sir /
Madam, I/we, the undersigned hereby intimate the following details for functioning
as an authorised courier under the Courier Imports and Exports (Electronic Declaration
and Processing) Regulations, 20109 : This application is for (i) Form
of Intimation for working as Authorised Courier at a Custom House other than Customs
House of Registration (ii) Amendment to information pertaining to Existing
Intimations (1) Name of the Authorized Courier: (2) Custom House where
PAN-based Registration of Authorised Courier was issued under Regulation 7(1)
(Name and place): ( 3) Name of Customs House where intimation is required:
(4) Existing Authorized Courier Registration Nos, date & Customs Airport,
if any: (5) Permanent Account Number (PAN No.): (6) Constitution of Business:
(Specify whether Proprietorship, Partnership, Public Ltd / Private Ltd. Company
Others.) (7) Registered Office address: (Complete details of the following
to be provided: Flat /Building/Plot No., Name of premises / Building, Road / Street
Name, Locality, City, State, Pin code No., Telephone Nos., Fax No., Email Address).
(8) Name and residential address of the Proprietor, Partners of the partnership
firm, of Directors of the Company or the persons in charge in case of other category,
as the case may be: (Complete details of the following to be provided: Flat
/Building/Plot No., Name of premises / Building, Road / Street Name, Locality,
City, State, Pin code No., Telephone Nos., Fax No., Email Address). (9) Name
and Residential address of duly authorized signatory and employees who will actually
be engaged in work of Authorized courier at Custom House of Intimation. (Complete
details of the following to be provided: Flat /Building/Plot No., Name of premises
/ Building, Road / Street Name, Locality, City, State, Pin code No., Telephone
Nos., Fax No., Email Address) (10) In case, it is desired to appoint employees,
name, designation residential address and educational qualification / knowledge
of Customs law & procedure of the employees, as the case may be: (Complete
details of the following to be provided: Flat / Building/Plot No., Name of premises
/ Building, Road / Street Name, Locality, City, State, Pin code No., Telephone
Nos., Fax No., Email Address) (11) Particulars of the No. of consignments,
value of cargo cleared and duty paid as Authorized Courier during last three years:
(12)Details of Bank Accounts used for business transaction by the Registrant:
(Bank Account No., Name of Bank, Name of the Branch& address to be provided.)
(13) Details of Service Tax Registration: (Service Tax Registration No.,
date of Issue, Commissionerate,Division, Range). (14) Whether the registration
as Authorized Courier held under these Regulations was cancelled or suspended:
(15) Whether the applicant or any of the persons proposed to be employed by
him have been penalized, convicted or prosecuted under any of the provisions of
the Customs Act,1962 (52 of 1962) or any other law for the time being in force:
DECLARATION: I am / we are authorized to make the following declarations:
I / We declare that all particulars given herein are true and correct. I
/We hereby affirm that I/we have read the Courier Imports and Exports (Electronic
Declaration and Processing) Regulations, 2009 and agree to abide by them. I
/ We hereby undertake to intimate any change in respect of the information provided
in the aforesaid application within a period of 30 days. Signature and name
of the applicant(s) or authorised signatory Date: Place: FORM
- 'A' [see regulation 5(1)] EXPRESS CARGO MANIFEST - IMPORT (ECM-I ) (Electronic
Filing) Sl. No. Description Details 1. Courier Registration Number 2.
Name and address of the Authorized Courier 3. Name and address of the on-board
courier, wherever applicable. 4. Import General Manifest Number 5. Name
of the airlines 6. Airport of arrival 7. Flight No. 8. Date of arrival
9. Time of arrival 10. Airport of shipment 11. Shipment/Consignment-wise
Details:
(a) MAWB No. (i) HAWB No. (1)Consignment Reference Note
(CRN) No., where applicable (ii) Number of packages / pieces / bags / ULDs (iii)
Weight (in Kgs.) (iv)Descriptionof goods (v)Name and address of the Consignor
Shipment/Consignment-wise Details (Continued): (vi) Name and
address of the Consignee (vii) Invoice value (viii) Invoice Currency (ix) Shipment
to be transshipped, if Yes/ No (x) If Shipment to be transshipped, Place of transshipment
DECLARATION I / we declare that all statements and particulars contained
in this form and other documents presented herewith are complete, correct and
true, in every respect. Signature and name of the authorised courier Date:
Place: NOTE: Upon submission of the ECM, the Customs Department serial
number along with the date would be generated. FORM - 'B' [see regulation
5(3)] COURIER BILL OF ENTRY - XI (CBE-XI) FOR DOCUMENTS (Electronic Filing)
S. No. Description Details 1. Express Cargo Manifest Reference No. 2.
Courier Registration Number 3. Name and address of the Authorized Courier
4. Name of the airlines 5. Airport of arrival 6. First port of arrival,
wherever applicable. 7. Flight No. 8. Date of arrival 9. Time of arrival
10. Airport of shipment 11. Total No. of consignments / HAWB 12. Number
of bags DECLARATION I / we declare that the authorization from each of
the consignees or consignors relating to the above mentioned consignments have
been obtained by me / us to act as an agent for the clearance of the goods. I
/ We hereby declare that goods imported as per this Bill of Entry include only
document of no commercial value and do not include goods which are prohibited
or restricted for import into India under any law for the time being in force.
Signature and name of the authorised courier Place: Date: FORM
- C [see regulation 5(3)] COURIER BILL OF ENTRY - XII (CBE-XII) FOR SAMPLES
AND GIFTS (Electronic Filing) S. No. Description Details 1. Courier
Registration Number 2. Name and address of the Authorized Courier 3. Name
of the airlines 4. Airport of arrival 5. First port of arrival, wherever
applicable. 6. Flight No. 7. Date of arrival 8. Time of arrival 9.
Airport of shipment 10. Country of exportation 11(i) . HAWB No. 11(ii).
CRN No., if applicable. 12. Unique Consignment reference No. 13. Name
and address of the consignor 14. Name and address of the consignee 15.
IEC Code 16. IEC Branch Code 17. No. of items included in HAWB
18.
Item-wise Details:
CTH Nature of shipment (Gifts / Samples) Country of
origin Description of goods Name & address of manufacturer (I) (II) (III)
(IV) (V)
Item-wise Details (continued): No. of packages
Marks and number of packages, wherever applicable Unit of measure Quantity Invoice
No. (VI) (VII) (VIII) (IX) (X)
Item-wise Details (continued):
Invoice value Invoice currency rate of exchange Assessable value in Rs. (As
per section 14 of the Customs Act, 1962) Notification
DECLARATION
I / we declare that the authorization from each of the consignees or consignors
relating to the above mentioned consignments have been obtained by me / us to
act as an agent for the clearance of the goods. I / We hereby declare that
goods imported as per this Bill of Entry include only bonafide commercial samples,
prototypes of goods and bonafide gifts of articles for personal use of value not
exceeding Rs.Ten thousand and which are for the time being not subject to any
prohibition or restriction on their import into India. I / We enclose herewith________(number)
of Airway bills and _________ (Number) of Invoices for the aforesaid consignments
with this Bill of Entry. I / we hereby declare that the contents of this Bill
of Entry are complete, correct and true, in every respect and are in accordance
with the airway bills, the invoices and other documents attached herewith. Date: Place:
Signature and name of the authorised courier NOTE: Uploading images
of HAWB and invoices shall be optional in CBE-XII while filing through bulk upload
or otherwise. FORM - D [see regulation 5(3)] COURIER BILL OF ENTRY
- XIII (CBE-XIII) FOR NON-DOCUMENTS (LOW VALUE DUTIABLE SHIPMENTS) (ELECTRONIC
FILING) S. No. Description Details 1. Courier Registration Number 2.
Name and address of the Authorized Courier 3. Name of the airlines 4.
Airport of arrival 5. First port of arrival, wherever applicable. 6. Flight
No. 7. Date of arrival 8. Time of arrival 9. Airport of shipment 10.
Country of exportation 11(i) . HAWB No. 11(ii). CRN No., if applicable.
12. Unique Consignment reference No. 13. Name and address of the consignor
14. Name and address of the consignee *15. IEC Code *16. IEC Branch
Code 17. Special requests 18. No. of items included in HAWB
19.
Item-wise Details:
Licence Type Licence No. CTSH CETSH Country of origin
(I) (II) (III) (IV) (V)
Item-wise Details (continued): Description
of goods Name and address of manufacturer No. of packages Marks and No. of packages,
wherever applicable Unit of measure (VI) (VII) (VIII) (IX) (X)
Item-wise Details (continued): Quantity Invoice No. Invoice value Currency
for invoice Rate of exchange RSP per unit in INR. Invoice terms (FOB / CIF/
C&F / C&I) (XI) (XII) (XIII) (XIV) (XV) (XVI) (XVII)
Item-wise Details (continued): Insurance Item-wise details of other charges
as per section 14 of the Customs Act, 1962 (XXIII) (XXIV) Charge type
Charge amount
Item-wise Details (continued): Notification used per item (XXV) (A)
(B) (C) (D) (E) Notification type Notification No. Sl. No. in notification
List No. List Sl.No. DECLARATION I / we declare that the authorization
from each of the consignees or consignors relating to the above mentioned consignments
have been obtained by me / us to act as an agent for the clearance of the goods.
I / we hereby declare that I / we have not received any other documents or
information showing a different price, value, quantity, or description of the
said goods and that if at any time hereafter I / we receive any documents from
the importer showing a different state of facts I / we will immediately make the
same known to the Commissioner of Customs. I / we hereby declare that the
contents of this Bill of Entry are complete, correct and true, in every respect
and are in accordance with the airway bills, the invoices and other documents
attached herewith. I / We enclose herewith________(number) of Airway bills
and _________ (Number) of Invoices for the aforesaid consignments with this Bill
of Entry. Date: Place: Signature and name of the authorised courier
NOTE: (i) Uploading images of HAWB and invoices shall be mandatory in CBE-XIII
while filing through bulk upload or otherwise. (ii)* Details relating to Sl.No.15
and 16 shall be mandatory in CBE-XIII after completion of transitional period
of six months from the date of publication of Courier Imports and Exports (Electronic
Declaration and Processing) Regulations, 2010. FORM - E [see Regulation
5(3)] COURIER BILL OF ENTRY - XIV (CBE-XIV) FOR DUTIABLE GOODS (ELECTRONIC
FILING) Courier Registration Number (1) Name and address of the Authorized
Courier (2) PARTICULARS OF CUSTOM HOUSE AGENT (3) Licence Number
(i) Name (ii) Address (iii) PARTICULARS OF IMPORTER (4) IEC
Code (i) IEC Branch Code (ii) Name (iii) Address (iv) Category
of Importer ( Govt. Depts, Govt. Untertakings, Diplomatic/UN, others) (v)
If others, please specify (vi) Type of Importer (100 % EOU or not, please
specify) (vii) Authorised dealer code of the Bank (5) Category of
the Bill of Entry (Home Consumption, Warehouse,Ex-Bond) (6) Bill of Entry
Number and date (7) Class Code (CC) ( New, Split, Post, Part) (8)
Type of Bill of Entry ( Normal, Prior, Advance) (9) High Sea sale
(10) Seller particulars in case of High Sea sale (11) IEC Code
(A) IEC Branch Code (B) Name (C) Address (D) Use of the first
proviso under section 46(1), Customs Act,1962: (12) Special Requests (13)
Reason in case of extension of Time Limit is Requested (14) Airlines (15)
Flight Number (16) Airport of Arrival (17) Date of Arrival (18)
Airport of Shipment (19) Country of Origin (if same for all goods of the
consignment, otherwise declare item-wise) (20) Country of Consignment (21)
IGM details (22) MAWB No. (23) MAWB date (24) HAWB No. (25)
IGM No. (A) Date of entry Inward (B) CRN No., if applicable. (A)
HAWB date (26) Marks & Numbers (27) Number of Packages (28)
Type of Packages (29) Unit of measure for gross weight Gross weight (30)
Gross weight (31) Additional information for clearance of goods at
Inland Container Depots (ICDs) (32) Name of Gateway Port (A) Gateway
IGM Number (B) Date of Entry Inwards of Gateway Port (C) Container
details (In case of clearance at ICDs and Sea Ports), wherever applicable (33)
Container No. (A) Seal Number (B) FCL / LCL (C) Bond details
(34) Whether Clearance of imported goods is sought against any type of
bond already registered with Customs? (A) BOND TYPE (Provisional Duty
Bond, Re-Export Bond, Letter of Guarantee, Warehouse Bond, Project Bond, EOU Bond(B-17
Bond), End use Bond, Test Bond, Undertaking ITC Bond, Cash Deposit, Jobbing etc.)
(A - 1) Bond Number (A - 2) DETAILS OF PROCUREMENT CERTIFICATE, IF
ANY (35) Procurement Under 36/96 Customs ? (i) Procurement Certificate
Number (ii) Date of Issuance of Certificate (iii) Location Code of
the Central Excise Office issuing the Certificate (iv) Commissionerate (v)
Division (vi) Range (vii) IMPORT UNDER MULTIPLE INVOICES (36)
If Imports are affected under multiple invoices (i) Number of Invoices
(i) - 1 Total Freight (i) - 2 Total Insurance (i) - 3 DETAILS
OF EACH INVOICE (37) Invoice Number (i) Date of Invoice (ii) Purchase
order Number (iii) Date of Purchase Order (iv) Contract Number (v)
Date of Contract (vi) Letter of Credit (vii) Date of letter of Credit
(viii) Details of Items and Related Information for each Invoice (ix)
Invoice Number (ix) - 1 Supplier Details (ix) -2 Name of the Supplier
(ix) -2(a) Address of the Supplier (ix) -2(b) Country (ix) -2(c) If
Supplier is not the seller (ix) -3 Name of the Seller (ix) -3(a) Address
of the Seller (ix) -3(b) Country (ix) -3(c) Broker / Agent Details
(ix) -4 Name of the Broker / Agent (ix) -4(a) Address of the Broker/Agent
(ix) -4(b) Country (ix) -4(c) Nature of Transaction (Sale, Sale on
consignment basis,Hire/rent, Replacement, Gift, Sample, Free of Cost, others (ix)
-5 If others, Please specify (ix) -5(a) Terms of Payment (LC,DP/TA,FOC,
Others) (ix) -6 If others, Please specify (ix) -6(a) Conditions or
Restrictions, if any Attached to sale (ix) -7 Method of Valuation (ix)
-8 Terms of Invoice (ix) -9 Invoice Value (ix)-10 Invoice Currency
(ix) -11 Freight, Insurance and Other Charges (ix) -12 Freight
(ix) -12(a) Rate (ix) -12(a)(i) Amount (ix) -12(a)(ii) Currency (ix)
-12(a)(iii) Insurance (ix) -12(b) Rate (ix) -12(b)(i) Amount (ix)
-12(b)(ii) Currency (ix) -12(b)(iii) Loading, Unloading and Handling Charges
as per Rule 9(2)(b) of the Customs Valuation Rules, 1988 (ix) -12(c) Rate
(ix) -12(c)(i) Amount (ix) -12(c)(ii) Currency (ix) -12(c)(iii) Other
Charges Related to the Carriage of goods (ix) -12(d) Rate (ix) -12(d)(i)
Amount (ix) -12(d)(ii) Currency (ix) -12(d)(iii) Cost and Service
Not Included in the Invoice and Other Miscellaneous Charges (ix) - 13 Brokerage
and Commission (ix) -13(a) Rate (ix) -13(a)(i) Amount (ix) -13(a)(ii)
Currency (ix) -(13)(a)(iii) Cost of containers (ix) -13(b) Rate (ix)
-13(b)(i) Amount (ix) -13(b)(ii) Currency (ix) -(13)(b)(iii) Cost
of Packing (ix) -13(c) Rate (ix) -13(c)(i) Amount (ix) -13(c)(ii)
Currency (ix)-(13)(c)(iii) Dismantling, Transport and handling in the
Country of Export or any other Country (ix)-13(d) Rate (ix) -13(d)(i)
Amount (ix) -13(d)(ii) Currency (ix) -(13)(d)(iii) Cost of Goods and
Services Supplied by Buyer (ix) -13(e) Rate (ix) -13(e)(i) Amount (ix)
-13(e)(ii) Currency (ix)-(13)(e)(iii) Documentation (ix) -13(f) Rate
(ix) -13(f)(i) Amount (ix) -13(f)(ii) Currency (ix) -(13)(f)(iii)
Country of Origin Certificate (ix) -13(g) Rate (ix) -13(g)(i) Amount
(ix) -13(g)(ii) Currency (ix) -(13)(g)(iii) Royalty and Licence Fees
(ix) -13(h) Rate (ix) -13(h)(i) Amount (ix) -13(h)(ii) Currency (ix)-(13)(h)(iii)
Value of Proceeds which accrue to seller (ix) -13(i) Rate (ix) -13(i)(i)
Amount (ix) -13(i)(ii) Currency (ix)-(13)(i)(iii) Cost of Warranty
of Service, if any, Provided by the seller or on Behalf of the seller (ix)
-13(j) Rate (ix) -13(j)(i) Amount (ix) -13(j)(ii) Currency (ix) -(13)(j)(iii)
Other Costs or Payments, if any, to Satisfy the Obligation of the seller (ix)
-13(k) Rate (ix) -13(k)(i) Amount (ix) -13(k)(ii) Currency (ix) -(13)(k)(iii)
Other Charges and Payments, if any (ix) -13(l) Rate (ix) -13(l)(i)
Amount (ix) -13(l)(ii) Currency (ix)-(13)(l)(iii) Discount Amount
(ix) - 14 Discount Currency (ix) - 15 Additional charges, if any,
for purchase on High Seas (In Rs.) (ix) - 16 Rate (%) (ix) - 16 (a)
Amount (in Rs.) (ix) - 16 (b) Any other Information which has a bearing
on Value (ix) - 17 Details of Special Valuation Branch (SVB) Loading wherever
Applicable (at Invoice Level) (Fill only if same for all goods of the consignment
else declare at item level) (ix) - 18 Are the Buyer and Seller Related?
YES / NO (ix) - 18 (a) If the buyer and Seller are Related, has the Relationship
been examined Earlier by the SVB (yes / No) (ix) - 18 (b) If examination
earlier by the SVB (ix) 18 (b) (i) SVB Reference Number (ix) 18 (b) (i)(1)
SVB Date (ix) 18 (b) (i)(2) Indication for Provisional/Final (ix) 18 (b)
(i)(3) Item-wise Information under each Invoice (ix) - 19 Case of
Re-Import (ix) - 19(a) Import against Licence (ix) - 19(b) Serial Number
of Invoice (ix) - 19(c) Item Description (ix) - 19(d) General Description
(ix) - 19(e) Currency for Unit Price (ix) - 19(f) Unit Price (ix)
- 19(g) Unit of Measure (ix) - 19(h) Quantity (ix) - 19(i) Accessories,
if any (ix) - 19(j) Name of Manufacturer (ix) - 19(k) Brand (ix) -
19(l) Model (ix) - 19(m) Grade (ix) - 19(n) Specification (ix)
- 19(o) End Use of Item (ix) - 19(p) Manufacturing (ix) - 19(p)(i)
Trading (ix) - 19(p)(ii) Self Consumption (ix) - 19(p)(iii) Country
of Origin (ix) - 19(q) Assessable Value (ix) - 19(r) Details, in case
of previous Imports (ix) - 19(s) Bill of Entry Number (ix) - 19(s) (i)
Date (ix) - 19(s) (ii) Currency (ix) - 19(s) (iii) Unit Value (ix)
- 19 (s)(iv) Custom House (ix) - 19(s)(v) Classification Details (ix)
- 19(t) RITC (ix) - 19(t)(i) CTSH (ix) - 19(t)(ii) CETH (ix) -
19(t)(iii) Currency of Retail Sales Price (ix) - 19(t)(iv) Retail Sales
Price per Unit (ix) - 19(t)(v) EXIM Scheme Code, if any (ix) - 19(t)(vi)
Para. No. / Year of EXIM Policy (ix) - 19(t)(vii) Details of Special Valuation
Branch (SVB) Loading wherever Applicable (at Item level) (ix) - 19 (u) Are
the Buyer and Seller Related ? YES / NO (ix) - 19 (u) (i) If the buyer
and Seller are Related, has the Relationship been examined earlier by the SVB
(yes / No) (ix) - 19 (u)(ii) If Examined earlier by the SVB (ix) -
19 (u)(ii)(1) SVB Reference Number (ix) - 19 (u)(ii)(2) SVB Date (ix)
- 19 (u)(ii)(3) Indication for Provisional/ Final (ix) - 19 (u)(ii)(4) Notifications
Used for the Item (Customs and Excise) (ix) - 19 (v) Notification Type
(ix) - 19 (v)(i) Notification Number (ix) - 19 (v)(ii) Serial Number in
Notification (ix) - 19 (v)(iii) List Number (ix) - 19 (v)(iv) List
Serial Number (ix) - 19 (v)(v) Shipping Bills Details in case of Re- Import
(ix) - 19 (w) Shipping Bill Number (ix) - 19 (w)(i) Shipping Bill
Date (ix) - 19 (w)(ii) Port of Export (ix) - 19 (w)(iii) Invoice Number
of Shipping Bill (ix) - 19 (w)(iv) Item Serial Number in Shipping Bill (ix)
- 19 (w)(v) Payments made for Export on a Pro-Rata Basis (In Rupees) (ix)
- 19 (w)(vi) Freight (ix) - 19 (w)(vi)(1) Insurance (ix) - 19 (w)(vi)(2)
Details Relating to Duty Exemption based on EXIM Schemes and Licence Particulars
(ix) - 19 (x) Additional Duty Exemption Requested (ix) - 19 (x)(i)
Notification Number (ix) - 19 (x)(ii) Serial Number in Notification (ix)
- 19 (x)(iii) Licence Registration Number (ix) - 19 (x)(iv) Licence Registration
Date (ix) - 19 (x)(v) Debit Value (Rs.) (ix) - 19 (x)(vi) Unit of
Measure for Quantity to be Debited (ix) - 19 (x)(vii) Debit Quantity (ix)
- 19 (x)(viii) Item Serial Number in Licence (ix) - 19 (x)(x) Declaration
(For the CoURIER Bill of Entry-XIV for Home Consumption) DECLARATION (Declaration
to be signed by the Courier / Customs House Agent) 1. I / We declare that
the contents of this Bill of Entry for goods imported against Airway Bill Number
dated are in accordance with the invoice number dated and other documents presented
herewith 2. I / We declare that I / we have not received any other documents
or information showing a different price, value, quantity or description of the
said goods and that if at any time hereafter I / we receive any documents from
the importer showing a different state of facts, I /we will immediately make the
same known to the Commissioner of Customs (Declaration to be signed by an
Importer) (With Customs House Agent / Courier) 1. I / We declare that the
contents of invoice (s) no. (s) dated of M/s and of other documents relating to
the goods covered by the said invoice (s) and presented herewith are true and
correct in every respect 2. I / We declare that I / we have not received and
do not know of any other documents or information showing a different price, value
(including local payments, whether as commission or otherwise), quantity or description
of the said goods and that if at any time hereafter I / we discover any information
showing a different state of facts, I /we will immediately make the same known
to the Commissioner of Customs 3. I / We declare that the goods covered by
the bill of entry have been imported on outright purchase / consignment account
4. I / We am / are not connected with the suppliers / manufacturers as - (a)
Agent / Distributor / Indentor / Branch / Subsidiary / Concessionaire, and (b)
Collaborator entitled to the use of the trade mark, patent or design, (c)
Otherwise than as ordinary importers or buyers 5. I / We declare that the
method of invoicing has not changed since the date on which my / our books of
accounts and / or agreement with the suppliers were examined previously by the
Customs House (s) (Declaration to be signed by an Importer) (Without Customs
House Agent / Courier) 1. I / We declare that the contents of this Bill of
Entry for goods imported against Airway Bill number dated are in accordance with
the invoice number dated and other documents presented herewith. I / We also declare
that the contents of the above mentioned invoice(s) and documents are true and
correct in every respect 2. I / We declare that I / we have not received and
do not know of any other documents or information showing a different price, value
(including local payments, whether as commission or otherwise), quantity or description
of the said goods and that if at any time hereafter I / we discover any information
showing a different state of facts, I /we will immediately make the same known
to the Commissioner of Customs 3. I / We declare that the goods covered by
the bill of entry have been imported on outright purchase / consignment account
4. I / We am / are not connected with the suppliers / manufacturers as - (a)
Agent / Distributor / Indentor / Branch / Subsidiary / Concessionaire, and (b)
Collaborator entitled to the use of the trade mark, patent or design, (c)
Otherwise than as ordinary importers or buyers 5. I / We declare that the
method of invoicing has not changed since the date on which my / our books of
accounts and / or agreement with the suppliers were examined previously by the
Customs House (s) DECLARATION (FOR THE BILL OF ENTRY FOR WAREHOUSING) (Declaration
to be signed by the Courier / Customs House Agent) 1. I / We apply for leave
to deposit the goods covered by this Bill of Entry in the warehouse being public
/ private warehouse appointed / licensed under the Customs Act, 1962. 2. I
/ We declare that the contents of this Bill of Entry for goods imported against
Airway Bill Number dated are in accordance with the invoice number dated and other
documents presented herewith 3. I / We declare that I / we have not received
any other documents or information showing a different price, value, quantity
or description of the said goods and that if at any time hereafter I / we receive
any documents from the importer showing a different state of facts, I /we will
immediately make the same known to the Commissioner of Customs (Declaration
to be signed by an Importer) (With Customs House Agent / Courier) 1. I / We
apply for leave to deposit the goods covered by this Bill of Entry in the warehouse
being public / private warehouse appointed / licensed under the Customs Act, 1962.
2. I / We declare that the contents of invoice (s) no. (s) dated of M/s and
of other documents relating to the goods covered by the said invoice (s) and presented
herewith are true and correct in every respect 3. I / We declare that I /
we have not received and do not know of any other documents or information showing
a different price, value (including local payments, whether as commission or otherwise),
quantity or description of the said goods and that if at any time hereafter I
/ we discover any information showing a different state of facts, I /we will immediately
make the same known to the Commissioner of Customs 4. I / We declare that
the goods covered by the bill of entry have been imported on outright purchase
/ consignment account 5. I / We am / are not connected with the suppliers
/ manufacturers as - (a) Agent / Distributor / Indentor / Branch / Subsidiary
/ Concessionaire, and (b) Collaborator entitled to the use of the trade mark,
patent or design, (c) Otherwise than as ordinary importers or buyers 6.
I / We declare that the method of invoicing has not changed since the date on
which my / our books of accounts and / or agreement with the suppliers were examined
previously by the Customs House(s) (Declaration to be signed by an Importer)
(Without Customs House Agent / Courier) 1. I / We apply for leave to deposit
the goods covered by this Bill of Entry in the warehouse being public / private
warehouse appointed / licensed under the Customs Act, 1962 2. I / We declare
that the contents of this Bill of Entry for goods imported against Airway Bill
Number dated are in accordance with the invoice number dated and other documents
presented herewith. I / We also declare that the contents of the above mentioned
invoice(s) and documents are true and correct in every respect. 3. I / We
declare that I / we have not received and do not know of any other documents or
information showing a different price, value (including local payments, whether
as commission or otherwise), quantity or description of the said goods and that
if at any time hereafter I / we discover any information showing a different state
of facts, I /we will immediately make the same known to the Commissioner of Customs
4. I / We declare that the goods covered by the bill of entry have been imported
on outright purchase / consignment account 5. I / We am / are not connected
with the suppliers / manufacturers as - (a) Agent / Distributor / Indentor
/ Branch / Subsidiary / Concessionaire, and (b) Collaborator entitled to the
use of the trade mark, patent or design, (c) Otherwise than as ordinary importers
or buyers 6. I / We declare that the method of invoicing has not changed since
the date on which my / our books of accounts and / or agreement with the suppliers
were examined previously by the Customs House(s)
Declaration
(For the Bill of Entry for Ex-Bond Clearance) Declaration to be signed by
the importer / Courier / Customs House Agent 1. I / We declare that the particulars
given in this Bill of Entry are true 2. I / We apply for permission to clear
the goods from the Customs Bonded Warehouse subject to the provisions of the Customs
Act, 1962 Signature of Importer ------------------ FORM - F [see regulation
6(1)] COURIER EXPORT MANIFEST (CEM-I ) (Electronic Filing) S. No.
Description Details 1. Courier Registration Number 2. Name and address
of the Authorized Courier 3. Export General Manifest Number 4. Name of
the airlines 5. Airport of departure 6. Flight No. 7. Date of departure
8. Time of departure 9. Airport of destination 10. Shipment/Consignment-wise
Details: MAWB No. HAWB No. Number of Packages/Pieces/ Bags/ULDs Weight (in
kgs.) (1) (2) (3) (4)
Shipment/Consignment-wise Details
(Continued):
Description of Goods Name and address of the Consignor Name
and address of the Consignee Value (in Rs.) (5) (6) (7) (8)
DECLARATION
I / we declare that all statements and particulars contained in this form
and other documents presented herewith are complete, correct and true, in every
respect. Date: Place: Signature and name of the authorised courier
FORM - G [See regulation 6(3)] COURIER SHIPPING BILL - III (CSB -
III) FOR DOCUMENTS (Electronic Filing) S. No. Description Details 1.
Courier Registration Number 2. Name and address of the Authorized Courier
3. Name of the airlines 4. Airport of departure 5. Flight No. 6.
Date of departure 7. Time of departure 8. Airport of destination 9.
Expected date of landing at destination 10. Airway Bill-wise information:
(a) MAWB No. (b) No. of HAWBs included in this MAWB (c) Number of
bags / packages / pieces / ULD
11. Shipment / consignment-wise information:
HAWB No. Name and address of the consignor Name and address of the consignee
(1) (2) (3) DECLARATION I / we declare that the authorization from
each of the consignors relating to the above mentioned consignments have been
obtained by me / us to act as an agent for the clearance of the goods described
above. I / We hereby declare that the goods exported as per this Shipping
Bill include only document of no commercial value and do not include goods which
are liable to duty or which are prohibited or restricted for export from India
under any law for the time being in force. Date: Place: Signature
and name of the authorised courier FORM - H [See regulation 6(3)]
COURIER SHIPPING BILL- IV (CSB - IV) FOR GOODS (Electronic Filing) S.
No. Description Details 1. Courier Registration Number 2. Name and address
of the Authorized Courier 3. Name of the airlines 4. Airport of departure
5. Flight No. 6. Date of departure 7. Time of departure 8. Airport
of destination 9. Airway Bill-wise information: (a) MAWB No. (b)
No. of HAWBs included in this MAWB (c) Number of bags / packages / pieces
/ ULD
10. Shipment / consignment-wise information: HAWB No. Value
Description of the Goods (1) (2) (3) Name and address of the consignor
Name and address of the consignee Weight (In KGs) (4) (5) (6)
DECLARATION
I / We hereby declare that I/we have obtained the authorization from each
of the consignors mentioned above to act as an agent for the clearance of the
goods described above. I / We hereby declare that the goods for export as
per this Shipping Bill include only bonafide commercial samples, prototypes of
goods and bonafide gifts of articles for personal use within the value limits
prescribed in the relevant exemption Notification and which are for the time being
not subject to any prohibition or restriction on their export from India and no
transfer of foreign exchange is involved. I / We enclose herewith __________(number)
of airway bills and ________ (number) of invoices for the aforesaid consignments
with this shipping bills. I / We hereby declare that the contents of this
shipping bill are true and correct in every respect and are in accordance with
the Airway Bills, the invoices and other documents attached herewith. Date:
Place: Signature and name of the authorised courier
Service
Tax Circular No. 122/03/2010-ST Dated 30-4-2010
Clarification
regarding availment of CENVAT credit on input services Representations have
been received by Board regarding denial of CENVAT credit on input services in
certain cases. Some of the cases where doubts have been raised by field formations
are given below: 2. As per Rule 4 (7) of the CENVAT Credit Rules, 2004, the
CENVAT credit on input services is available only on or after the day on which
payment of the value of input service and service tax is made. The section 67
(4) of the Finance Act, 1994, provides that gross amount charged includes payment
made by issue of credit / debit notes or by entries in the books of account, where
the transaction is with any associated enterprise. A doubt has arisen as to
whether CENVAT credit can be taken by "Associate Enterprises" when debit
is made in book of accounts or when book adjustments/ debit or credit in accounts
is made, or if the CENVAT credit of the service tax paid on input service is available
only after the actual payment of the value of input service has been made in money
terms. 3. As per sub-rule (7) of Rule 4 of the CENVAT Credit Rules, 2004, "Credit
in respect of input service shall be allowed, on or after the day on which payment
is made of the value of input service and the service tax paid or payable as is
indicated in invoice, bill or as the case may be, challan referred to in Rule
9". A doubt raised is as to whether the receiver of input service can
take credit only after the full value that is indicated in the invoice, bill or
challan raised by the service provider, and also the service tax payable thereon,
has been paid. It has been represented that in many cases, after the invoice is
issued by the service provider, the service receiver does not make the full payment
of the invoiced amount on account of discount agreed upon after issuance of invoice;
or deducts certain amount due to unsatisfactory service; or withholds some amount
as security to be held during contract period. Due to these reasons the value
paid may not tally with the amount indicated in the invoice, bill or challan.
In such cases the department has raised objections to the taking of credit as
it does not meet the requirement of the said sub-rule (7). 4. Thus the following
issues relating to availment of CENVAT credit need clarification,- Whether
CENVAT credit can be claimed (a) when payments are made through debit/credit
notes and debit/credit entries in books of account or by any other mode as mentioned
in section 67 Explanation (c) for transactions between associate enterprises;
or (b) where a service receiver does not pay the full invoice value and the
service tax indicated thereon due to some reasons. 5. Matter has been examined
and clarification in respect of each of the above mentioned issues is as under,- (a)
When the substantive law i.e. section 67 of the Finance Act, 1994 treats such
book adjustments etc., as deemed payment, there is no reason for denying such
extended meaning to the word 'payment' for availment of credit. As far as the
provisions of Rule 4 (7) are concerned, it only provides that the CENVAT credit
shall be allowed, on or after the date on which payment is made of the value of
the input service and of service tax. The form of payment is not indicated in
the same and the rule does not place restriction on payment through debit in the
books of accounts. Therefore, if the service charges as well as the service tax
have been paid in any prescribed manner which is entitled to be called 'gross
amount charged' then credit should be allowed under said rule 4 (7). Thus, in
the case of "Associate Enterprises", credit of service tax can be availed
of when the payment has been made to the service provider in terms of section
67 (4) (c) of Finance Act, 1994 and the service tax has been paid to the Government
Account. (b) In the cases where the receiver of service reduces the amount
mentioned in the invoice/bill/challan and makes discounted payment, then it should
be taken as final payment towards the provision of service. The mere fact that
finally settled amount is less than the amount shown in the invoice does not alter
the fact that service charges have been paid and thus the service receiver is
entitled to take credit provided he has also paid the amount of service tax, (whether
proportionately reduced or the original amount) to the service provider. The invoice
would in fact stand amended to that extent. The credit taken would be equivalent
to the amount that is paid as service tax. However, in case of subsequent refund
or extra payment of service tax, the credit would also be altered accordingly. 6.
The contents of this circular may be suitably brought to the notice of the field
formations. In case any difficulty is faced in implementing these instructions,
the same may be brought to the notice of the undersigned F. No. 137/71/2009
- CX.4
Himanshu
Gupta Commissioner (Service Tax)
Service
Tax Circular No. 122/03/2010-ST Dated 30-4-2010
Clarification
regarding availment of CENVAT credit on input services
Representations
have been received by Board regarding denial of CENVAT credit on input services
in certain cases. Some of the cases where doubts have been raised by field formations
are given below:
2.
As per Rule 4 (7) of the CENVAT Credit Rules, 2004, the CENVAT credit on input
services is available only on or after the day on which payment of the value of
input service and service tax is made. The section 67 (4) of the Finance Act,
1994, provides that gross amount charged includes payment made by issue of credit
/ debit notes or by entries in the books of account, where the transaction is
with any associated enterprise. A doubt has arisen as to whether CENVAT credit
can be taken by "Associate Enterprises" when debit is made in book of
accounts or when book adjustments/ debit or credit in accounts is made, or if
the CENVAT credit of the service tax paid on input service is available only after
the actual payment of the value of input service has been made in money terms. 3.
As per sub-rule (7) of Rule 4 of the CENVAT Credit Rules, 2004, "Credit
in respect of input service shall be allowed, on or after the day on which payment
is made of the value of input service and the service tax paid or payable as is
indicated in invoice, bill or as the case may be, challan referred to in Rule
9". A doubt raised is as to whether the receiver of input service can
take credit only after the full value that is indicated in the invoice, bill or
challan raised by the service provider, and also the service tax payable thereon,
has been paid. It has been represented that in many cases, after the invoice is
issued by the service provider, the service receiver does not make the full payment
of the invoiced amount on account of discount agreed upon after issuance of invoice;
or deducts certain amount due to unsatisfactory service; or withholds some amount
as security to be held during contract period. Due to these reasons the value
paid may not tally with the amount indicated in the invoice, bill or challan.
In such cases the department has raised objections to the taking of credit as
it does not meet the requirement of the said sub-rule (7). 4. Thus the following
issues relating to availment of CENVAT credit need clarification,- Whether
CENVAT credit can be claimed (a) when payments are made through debit/credit
notes and debit/credit entries in books of account or by any other mode as mentioned
in section 67 Explanation (c) for transactions between associate enterprises;
or (b) where a service receiver does not pay the full invoice value and the
service tax indicated thereon due to some reasons. 5. Matter has been examined
and clarification in respect of each of the above mentioned issues is as under,- (a)
When the substantive law i.e. section 67 of the Finance Act, 1994 treats such
book adjustments etc., as deemed payment, there is no reason for denying such
extended meaning to the word 'payment' for availment of credit. As far as the
provisions of Rule 4 (7) are concerned, it only provides that the CENVAT credit
shall be allowed, on or after the date on which payment is made of the value of
the input service and of service tax. The form of payment is not indicated in
the same and the rule does not place restriction on payment through debit in the
books of accounts. Therefore, if the service charges as well as the service tax
have been paid in any prescribed manner which is entitled to be called 'gross
amount charged' then credit should be allowed under said rule 4 (7). Thus, in
the case of "Associate Enterprises", credit of service tax can be availed
of when the payment has been made to the service provider in terms of section
67 (4) (c) of Finance Act, 1994 and the service tax has been paid to the Government
Account. (b) In the cases where the receiver of service reduces the amount
mentioned in the invoice/bill/challan and makes discounted payment, then it should
be taken as final payment towards the provision of service. The mere fact that
finally settled amount is less than the amount shown in the invoice does not alter
the fact that service charges have been paid and thus the service receiver is
entitled to take credit provided he has also paid the amount of service tax, (whether
proportionately reduced or the original amount) to the service provider. The invoice
would in fact stand amended to that extent. The credit taken would be equivalent
to the amount that is paid as service tax. However, in case of subsequent refund
or extra payment of service tax, the credit would also be altered accordingly. 6.
The contents of this circular may be suitably brought to the notice of the field
formations. In case any difficulty is faced in implementing these instructions,
the same may be brought to the notice of the undersigned F. No. 137/71/2009
- CX.4
Himanshu
Gupta Commissioner (Service Tax)
-COPY
OF- CENTRAL EXCISE CIRCULAR NO .919/09/2010-CX Dated: March 23, 2010
Sub.:
Procedure for electronic filing of Central Excise and Service Tax returns and
for electronic payment of excise duty and service tax.
Attention
is invited to Circular No. 791/24/2004 dated 01.06.2004 and No. 52/1/2003 dated
11.03.2004 (modified by Circular No. 71/1/2004-ST dated 02.01.2004) prescribing
the procedure for electronic filing of Central Excise and Service Tax returns.
Attention is also invited to Notification No. 04/2010-Central Excise (NT) and
No. 01/2010-ST both dated 19.02.2010 providing for mandatory electronic filing
of Excise and Service Tax returns and payment of excise duty and service tax by
all the assessees who have paid central excise duty or service tax of Rs. 10 Lakhs
or more (including payment by utilisation of Cenvat credit) in the previous financial
year. 2. DG (Systems) has prepared comprehensive instructions outlining the
procedure for electronic filing of excise and service tax return and electronic
payment of taxes under ACES. The same is enclosed. The said instructions outline
the registration process for new assessees , existing assessees , non - assessees
and for Large Taxpayers Unit assessees , steps for preparing and filing of return,
using of XML Schema for filing dealers' return, procedure for obtaining acknowledgement
of E-filed return, procedure for E-payment etc. It is requested to sensitise concerned
officers and trade and industry regarding the instructions. 3. As a large
number of taxpayers would be required to file Excise and Service Tax return and
to pay the taxes electronically, it is requested that trade and industry may be
provided all assistance so as to help them in adopting the new procedure. 4.
Field formations and trade/industry/service provider may also please be informed
suitably. 5. Hindi version will follow. F.No . 201/20/2009-CX 6
V.P.Singh Under
Secretary (C.X.6)
Encl.:
As above
Procedure
for Electronic filing of Central Excise and Service Tax returns and Electronic
Payment of Taxes In continuation of its efforts for trade facilitation, CBEC
has rolled-out a new centralized, web-based and workflow-based software application
called Automation of Central Excise and Service Tax (ACES) in all 104 Commissionerates
of Central Excise, service Tax and large Tax Payer Units (LTUs) as on 23rd December,
2009. ACES is a Mission Mode project (MMP) of the Govt. of India under the national
e-governance plan and it aims at improving tax-payer services, transparency, accountability
and efficiency in the indirect tax administration in India. This application has
replaced the current applications of SERMON, SACER, and SAPS used in Central Excise
and Service Tax for capturing returns and registration details of the assessees
and hence, in supercession of the CBEC Circular No.791/24/2004-CX. dated 1.6.2004
and CBEC Circular No. ST 52/1/2003 dated 11.03.2003, this revised circular is
being issued. II. Modules The ACES application has interface for: ++
Central Excise Assessees ++ Service Tax Assessees ++ Central Excise Departmental
Officers and ++ Service Tax Departmental Officers. It has automated the
major processes of Central Excise and Service Tax - registration, returns, accounting,
refunds, dispute resolution, audit, provisional assessment, exports, claims, intimations
and permissions. It is divided into the following modules: 1.Access Control
of Users ( ACL ) 2.Registration ( REGN ): Registration of assessees of Central
Excise & Service Tax including on-line amendment. 3.Returns (RET): Electronic
filing of Central Excise & Service Tax Returns 4.CLI : Electronic filing
of claims, intimations and permissions by assessees and their processing by the
departmental officers 5.Refund ( REF ): Electronic filing of Refund Claims
and their processing 6.Provisional Assessment (PRA): Electronic filing of
request for provisional assessment and its processing by the departmental officers.
7.Assessee Running Account 8.Dispute Settlement Resolution (DSR): Show
Cause Notices, Personal Hearing Memos, Adjudication Orders, Appellate and related
processes. 9.Audit Module 10.Export Module for processing export related
documents III . Benefits to the Assessees 1. Reduce Physical Interface
with the Department 2. Save Time 3. Reduce Paper Work 4. Online Registration
and Amendment of Registration Details 5. Electronic filing of all documents
such as applications for registration, returns [On-line and off-line downloadable
versions of ER 1,2,3,4,5,6, Dealer Return, and ST3], claims, permissions and intimations;
provisional assessment request, export-related documents, refund request 6.
System-generated E-Acknowledgement 7. Online tracking of the status of selected
documents 8. Online view facility to see selected documents 9. Internal
messaging system on business-related matters IV. Registration Process: To
transact business on ACES a user has to first register himself/herself with ACES
through a process called 'Registration with ACES'. This registration is not a
statutory registration as envisaged in Acts/Rules governing Central Excise and
Service Tax but helps the application in recognizing the bonafide users. Described
below are steps for taking registration by a new assessee , existing assessee
, non- assessee and a Large Tax Payer Unit (LTU). (a) New Assessee 1.
The user needs to log onto the system, through internet at http://www.aces.gov.in
2. He/she chooses the Central Excise/Service Tax button from the panel appearing
on the left of the webpage. 3. Clicks the button "New Users Click here
to Register with ACES" in the Log-in screen that appears after clicking Central
Excise/Service Tax button. 4. Fills in and submits the form "Registration
with ACES", by furnishing a self-chosen user ID and e-mail ID. User ID, once
chosen is final and cannot be changed by the assessee in future. 5. The system
will check for availability of the chosen User ID and then generate a password
and send it by e-mail, mentioned by him/her in the Form. 6. ACES provides
assistance of 'Know your location code' for choosing correct jurisdictional office.
7. The user then re-logs-in and proceeds with the statutory registration with
Central Excise/Service Tax, by filling-in the appropriate Form namely A-1, A-2
or ST-1 etc. by clicking the " Reg " link in the Menu bar that appears
on the top of the screen. For security reasons, the password should be changed
immediately. 8. The system instantaneously generates an acknowledgement number
after which the registration request goes to the jurisdictional Assistant or Deputy
Commissioner (AC/DC). Depending on the instructions in force, assessees may be
required to submit certain documents to the department for verification. After
due processing, the AC/DC, in case of Central Excise and Superintendent /Commissioner
(for centralized registration only), in case of Service Tax, generates Registration
Certificate (RC) and a message to this effect is sent to the assessees electronically.
The assessee can view this and take a print-out of this. 9. Depending on the
option chosen by the assessee , the signed copy of the RC can be sent by post
or can be collected by assessee in person. 10. While submitting registration
form, if the assessee makes a mistake in choosing a wrong jurisdiction ( Commissionerate
/Division/ Range), ACES provides a facility to the AC/DC to forward the application
to the correct jurisdictional officer to issue registration and a message to this
effect is sent to the assessee for information. 11. The registration number
will be same as the current 15-digit format with minor change such as For-PAN
based Assessees 1-10 digits - PAN of the Assessee 11-12 digits-EM (Excise
Manufacturer), ED (Excise Dealer), SD (Service Tax) 13-15-Systems generated
alphanumeric serial number For non-PAN based assessees 1-4 digits TEMP
5-10 Systems generated alpha numeric number 11-12 EM (Excise Manufacturer)
or ED (Excise Dealer), SD (Service Tax) 13-15-Systems generated alphanumeric
serial number (b) Existing Assessee 1.The existing assessees will not
have to take fresh registrations. They will have to only register with the ACES
application. This can be done in the following manner : ACES application will
automatically send mails to the e-mail IDs of the assessee , as available in the
existing registration data base, indicating a TPIN number, and password. The mail
will contain a hyperlink to the website. ++ Assessee clicks on the hyperlink
and is taken to ACES application ++ Assessee submits the form after filling
the requisite information including the password provided in the e-mail, a new
User ID and new password. User ID, once chosen is final and cannot be changed
by the assessee in future. ++ On successful registration with ACES, the assessee
can transact business through ACES. 1. Existing assessees should note that
they should register with ACES by following the procedure at (1) above and they
should not register with ACES through the direct method, meant for new assessees
, as discussed under (a) above. They should also not fill-in registration forms
again as it will lead to allotment of new registration numbers by the system.
2. Assessees should ensure that their contact details in the department's
registration data base are updated to include their valid and current e-mail ids,
otherwise they will not receive any such mail. Those assessees who have not yet
furnished their email IDs to the department or even after furnishing the ID have
not received the TPIN mail from ACES are advised to contact the jurisdictional
Range Officers or LTU Client Executives and furnish their email IDs in writing.
The officer will thereafter incorporate the email ID in the ACES registration
database of the assessee and arrange to send the TPIN mail to the assessee's email
ID. (c) Non- Assessee 1.This category of registration is given in ACES
to any individual, firm or company which requires to transact with the Central
Excise or Service Tax Department, though not an assessee such as (a) merchant
exporter, (b) co- noticee , (c) refund applicant, (d) persons who have failed
to obtain CE/ST registration as required under the law and against whom the Department
has initiated proceedings and (e) persons who are required to tender any payment
under CE/ST Act /Rules. The Non- assessees are not required to file any tax returns.
2. Where such persons desire to seek non- assessee registration they follow
same steps as in case of new assessee except that while choosing the registration
form in step (vii) they have to choose and fill in the Non- assessee form. 3.
In case the assessee is taking such registration for claiming any refund or rebate
it is mandatory to furnish his/her valid PAN. 4. A Non- assessee registration
can also be done by the designated officer of the Commissionerate , on behalf
of the non- assessee . (d) Large Tax Payer Unit (LTU) Assessee /Client 1.
The consent form will have to be submitted manually by the New LTU assessees to
the jurisdictional LTU office which will be processed off line 2. The approved
consent form will be uploaded by the competent officer of the Group LTU (GLTU)
into ACES 3. Any new unit of an existing LTU, which applies for registration
with ACES will be automatically attached with the LTU Commissionerate based upon
PAN details in the registration form 4. As soon as the new or existing unit
is attached with the LTU Commissionerate , a suitable intimation will be automatically
sent by the ACES to the existing jurisdictional Commissionerate and the pending
items of work will be transferred to the LTU Commissionerate 5. For existing
LTU assessees , the process of registration is same as explained in Sub Para (b)
above. IMPORTANT: i. The user ID once selected will be permanent and cannot
be changed. However, it is desirable to frequently change passwords ii. The
User ID should be of 6-12 alphanumeric characters, no special character such as
! @#$%*&( )+ or spaces except underscore '-' shall be allowed. iii. New
assessee seeking registrations in Central Excise and Service Tax will also submit
to the jurisdictional Range officer, a printout of the application form submitted
online duly signed by the authorized signatory along with required documents.
iv. Assessees should note that the e-mail ID is furnished to the department
in writing, and they will be responsible for all communications to and from this
email ID. Currently, ACES provides for communication to one email ID only. After
registration with the ACES, assessees , on their own, can modify their registration
details online, including their e-mail ID. v. In the interest of security
and data protection, assessees are advised to change their passwords regularly
and not to share it with unauthorized persons. In case of any dispute, the person
whose user ID and Password has been used to access the application will be held
liable for the action and any other consequences. V. E-filing of Returns The
assesses can electronically file statutory returns of Central Excise and Service
Tax by choosing one of the two facilities being offered by the department at present:
(a) they can file it online, or (b) download the off-line return utilities which
can be filled-in off-line and uploaded to the system through the internet. a.
Steps for preparing and filing returns (i) Returns can be prepared and filed
on line by selecting the 'File Return' option under RET module after logging into
the ACES. (ii) All validations are thrown up during the preparation of the
return in this mode and the status of the return filed using the online mode is
instantaneously shown by ACES. (iii) Returns can also be prepared and filed
off-line. Assessee downloads the Offline return preparation utility available
at http://www.aces.gov.in (Under Download) (iv) Prepares the return offline
using this utility. The return preparation utility contains preliminary validations
which are thrown up by the utility from time to time. (v) Assessee logs in
using the User ID and password. (vi) Selects RET from the main menu and uploads
the return. Instructions for using the offline utilities are given in detail in
the Help section, under 'Download' link and assessees are advised to follow them.
(vii) Returns uploaded through this procedure are validated by the ACES before
acceptance into the system which may take up to one business day. Assessee can
track the status of the return by selecting the appropriate option in the RET
sub menu. The status will appear as "uploaded" meaning under process
by ACES, "Filed" meaning successfully accepted by the system or "Rejected"
meaning the ACES has rejected the return due to validation error. The rejected
returns can be resubmitted after corrections. (viii) Once the Central Excise
returns are filed online in ACES or uploaded to the system using the off-line
utility, the same can not be modified or cancelled by the assessee . The Service
Tax returns, however, can be modified once as per rules up to 90 days from the
date of filing the initial return. (ix) Self-assessed CE returns, after scrutiny
by the competent officer, may result into modification. Both the 'Original' and
the 'Reviewed' return can be viewed by the assessee online. b. Using XML Schema
for filing Dealers Return Currently, the ACES Application allows on-line filing
of Quarterly Returns by the Registered Dealers accessing the site www.aces.gov.in
by using the excel utility. Some assesses who use their own software application
in their offices find the process of manual entry of data in the excel format
of Returns as a time consuming and avoidable exercise. A new feature of XML schema
has now been introduced. Now using the schema, assessees , after making necessary
modifications in their own software application, can generate their return from
their application. Below mentioned steps elaborate the process to prepare, validate
and upload the Dealer's Return. Steps to prepare the XML Step 1: ACES
application accepts the return in XML format. Prepare the Dealer return XML and
validate it against the schema ACES_DLR.xsd provided. Step 2: Login to the
ACES application and upload the XML for processing. XML will be again validated
against same XSD again before processing. XML File only will be considered
valid if it satisfies the requirements of the schema (predefined XSD) with which
it has been associated. These requirements typically include such constraints
as: Elements and attributes that must/may be included, and their permitted
structure The structure as specified by regular expression syntax Instructions
for using the schema are given in detail in the Help section, under 'Download'
link. Assessees are advised to follow them. c. Filing of Returns and other
documents through the ACES Certified Facilitation Centres (CFCs) Very soon,
CBEC will be setting up ACES Certified Facilitation Centres (CFCs) with the help
of professional bodies like Institute of Chartered Accountants of India (ICAI),
Institute of Cost and Works Accountants of India (ICWAI) etc. These CFCc will
provide a host of services to the assessees such as digitization of paper documents
like returns etc. and uploading the same to ACES. Assessees requiring the services
of the CFCs may be required to pay service fees to the CFCs. CBEC will approve
the maximum rates at which CFCs can charge their customers for the services rendered
by them. For this purpose, assessees are required to write to the department authorizing
one of the CFCs, from the approved list, to work in ACES on their behalf. They
have to furnish the name and other details of the CFCs, including the registration
No issued by the ICAI/ICWAI etc. At any given time, one assessee can authorize
one CFC, while one CFC can provide services to more than one assessee throughout
India. In case the assessee wants to withdraw the authorization, it can do so
by intimating the department. However, an assessee will be held liable for all
actions of omission or commission of the CFC, during the period they are authorized
by him/her to work in ACES. d. Validation of the entries made while filling
return 1.At the time of making entry in the electronic format of the relevant
return, the software does some preliminary validation for ensuring correctness
of data, either concurrently or at the time of saving / submitting the return.
This validation process is automated. The user is prompted by the application
software to correct the particulars entered wherever required. In respect of certain
entries, although the application alerts the assessee about any entry found erroneous
or inconsistent, as per the automated validation process, the assessee is still
allowed to proceed further to complete data entry of the return and finally submit
it electronically. But in some cases the assessees are not allowed to proceed
further unless the error indicated is corrected. 2.A return filed electronically
is subject to automatic verification process by the application and defective
returns are marked to the departmental officer for review and correction. While
reviewing the return the officer may seek some clarification from the assessee
, call for some information, records or documents which should be furnished by
the assessee . In case of review and correction of returns by the departmental
officers, assesses will receive a message from the application and they can log
in to the application to view the reviewed returns online. 3. Returns, captured
off-line using the Downloadable utility and uploaded later on, are further subjected
to certain validation checks. Processing of uploaded returns, using the off-line
versions, is done at the end of one business day and the status can be viewed
by the assessees under the 'VIEW STATUS' link under 'RET' module. Status is described
as 'UPLOADED', 'FILED' or 'REJECTED' and they denote as follows: ++ UPLOADED
denotes that return is uploaded and under processing ( assessees are advised to
view the status after the end of a business day). ++ FILED denotes that uploaded
return is accepted by system. ++ REJECTED denotes that return is rejected
due to errors. (The assessees are required to correct the return and upload it
again.) 1.There is no provision in ACES application to allow assessees to
make corrections to the returns filed by them. Once the return is accepted by
the system as successfully 'filed', no modification can be made by the assessee
. However, if the return is rejected, the assessee can correct the errors and
upload it again. The assessees are, therefore, advised to take utmost care while
fill-in in the returns. They may, however, bring it to the notice of the departmental
officers. e. Acknowledgement of E-Filing of the return In the case of
a Central Excise or service Tax return filed on-line, ACES application software
acknowledges it by displaying an Acknowledgement message. A unique document reference
number is generated which consist of 15-digit registration number of the assessee
, name of the return filed, the period for which return is filed etc. This is
also automatically communicated to the email id of the assessee by the application.
In the case of an uploaded Central Excise return, using offline utility, similar
acknowledgement is generated and sent after the acceptance of the return by the
system as a valid return i.e. when the status changes to 'FILED'. f. Class
of Assessees for whom e-filing of returns and e-payment is mandatory with effect
from 1 st April, 2010 : 1.In terms of Notification No 04/2010-Central Excise
(N.T.) dated the 19th February, 2010, an assessee , who has paid total duty of
rupees ten lakhs or more including the amount of duty paid by utilization of CENVAT
credit in the preceding financial year, is required to file the monthly or quarterly
return, as the case may be, electronically, under sub-rule (1) of Rule 12 of the
Central Excise Rules, 2002 and deposit the duty electronically through internet
banking under sub-rule (1) of Rule 8 of the Central Excise Rules, 2002. 2.Similarly,
in terms of Notification No. 01/2010 - Service Tax dated the 19th February, 2010,
an assessee who has paid a total Service Tax of rupees ten lakhs or more including
the amount paid by utilization of CENVAT credit, in the preceding financial year,
is required to file the return electronically under sub-rule (2) of Rule 7 of
the Service Tax Rules, 1994 and deposit the service Tax liable to be paid by him
electronically, through internet banking under sub-rule (2) of Rule 6 of the Service
Tax Rules, 1994. 3. The earlier facility of e-filing on the website ( http://excise
andservicetax.nic.in ), as provided in the CBEC Circular No.791/24/2004-CX. Dated
1.6.2004 is no more available and the assessees are required to file their returns
online or by uploading the downloadable off-line return utilities to the new ACES
website ( http://www.aces.gov.in ). Data structure for writing programmes to cull
out the required return data (currently available for Dealer return) from the
assessees's computers in XML format has also been provided. Such schema for ER
2 and ER 1 returns will be published in due course. For complete details and instructions,
assessees can visit the aforesaid website. Assessees who are required to or opted
to file returns electronically but are unable to file electronically, for any
technical difficulty in filing the returns, on account of difficulties at the
department's end viz. server/application is down or due to some defect in the
software, should file their returns manually within the due date. g . e-payment
1. For e-payment, assessees should open a net banking account with one of
the authorized banks (currently there are 28 banks, list of which is available
on the EASIEST (Electronic Accounting System in Excise and service Tax) website
of CBEC, maintained by NSDL ( https://cbec.nsdl.com/EST/ ). P ayment through ICICI
Bank, HDFC Bank and Axis Bank can be done by assesses for select Commissionerates
only, list of which is published in the aforesaid EASIEST website. Payment through
all other authorized banks can be made for all Commissionerates . 2. For effecting
payment, assessees can access the ACES website ( http://www.aces.gov.in/ ) and
click on the e-payment link that will take them to the EASIEST portal ( https://cbec.nsdl.com/EST/
) or they can directly visit the EASIEST portal. 3. Procedure for e-Payment:
1.To pay Excise Duty and Service Tax online, the assessee has to enter the
15 digit Assessee Code allotted by the department under erstwhile SACER/SAPS or
the current application ACES. 2. There will be an online check on the validity
of the Assessee Code entered. 3. If the Assessee code is valid, then corresponding
assessee details like name, address, Commissionerate Code etc. as present in the
Assessee Code Master will be displayed. 4. Based on the Assessee Code, the
duty / tax i.e. Central Excise duty or Service Tax to be paid will be automatically
selected. 5. The assessee is required to select the type of duty / tax to
be paid by clicking on Select Accounting Codes for Excise or Select Accounting
Codes for Service Tax, depending on the type of duty / tax to be paid. 6.
At a time the assessee can select up to six Accounting Codes. 7. The assessee
should also select the bank through which payment is to be made. 8. On submission
of data entered, a confirmation screen will be displayed. If the taxpayer confirms
the data entered in the screen, it will be directed to the net-banking site of
the bank selected. 9. The taxpayer will login to the net-banking site with
the user id/ password, provided by the bank for net-banking purpose, and will
enter payment details at the bank site. 10. On successful payment, a challan
counterfoil will be displayed containing CIN , payment details and bank name through
which e-payment has been made. This counterfoil is proof of payment made. h.
Responsibility of the Assessee 1. It is the legal responsibility of the assessees
, who are required to file returns, to file it within the due date as prescribed
under law. The electronic filing of returns is mandatory for select class of Central
Excise and Service Tax assessees , as mentioned in Notification No 04/2010-Central
Excise (N.T.) dated the 19 th February, 2010, and Notification No. 01/2010 - Service
Tax dated the 19 th February, 2010 respectively. Other assessees can also use
ACES and file their returns electronically. It may, however, be noted that merely
uploading the returns will not be considered as returns having been filed with
the department. A return will be considered as filed, when the same is successfully
accepted by the application as 'Filed' and the relevant date for determining the
date of filing of return will be the date of uploading of such successfully 'filed'
returns. In case a return is 'rejected' by the application, the date of uploading
of the rejected return will not be considered as the date of filing, rather the
date of uploading of the successfully 'filed', return (after the assessee carries
out necessary corrections and uploads it again) will be considered as the actual
date of filing. 2. In case the assessee experiences any difficulty in transacting
in ACES such as filing of return, the assessees may lodge a complaint with the
ACES Service Desk or the department by e-mail and/or by telephone, details of
which are given below and obtain a ticket no. as an acknowledgement from the department.
However, mere lodging of complaints with the ACES service desk will not be a valid
ground to justify late filing of returns. If the difficulty is not on account
of problems at the assessee's end, and can be clearly attributed to the department's
IT infrastructure such as problems in accessing CBEC's ACES application due to
server, network or application being down, proportionate time will be deducted
from the date of uploading of successfully 'filed' returns to ascertain the actual
date and time of filing of the return. Since the department maintains logs of
such technical failures, in case of any dispute, the decision of the department
will be final. VI. Digital Signatures The ACES application is designed
to accept digitally signed documents. However, in the beginning this functionality
is not going to be activated. Pending its activation the electronic returns will
be filed into ACES without digital signatures. Hence, wherever the returns are
submitted through ACES there will not be any requirement to submit signed hard
copy separately. VII . System Requirements for ACES To use ACES following
systems requirements are recommended: ++ Processor: Intel Pentium III and
higher ++ RAM : 256 MB and higher ++ HDD : 80 GB and more ++ Web Browser:
IE 6.0 and above, Netscape 6.2 and above ++ MS Excel 2003 and above for using
offline utilities ++ Sound Card, Speakers/Headphones, Colour Monitor for using
Learning Management Systems ( LMS ) VIII. Help for Assessees CBEC has
set up a Service Desk with National toll-free No. 1800 425 4251, which can be
accessed by between 9 AM to 7 PM on all working days (Monday to Friday). Besides,
e-mails can be sent to aces.servicedesk@icegate.gov.in. All the calls/e-mails
will be issued a unique ticket number, which will be attended to by the Service
Desk agents for appropriate response. A Learning Management Software ( LMS
) has been provided on the ACES website, which is a multimedia-based self-learning
online tutorial guiding the aseesees in a step-by-step processes to use ACES.
The downloadable version of Learning Management Software is also provided on the
website. Besides, User Manuals, Frequently Asked Questions (FAQs), Power Point
Presentation, and a Brochure have also been provided on the website to help the
assessees use ACES
-COPY
OF- RE-NOTIFICATION NO.38/2009-14 Dated: April 9, 2010 Subject:
Compulsory registration of cotton yarn export contracts
- regarding In exercise of the powers conferred by Section 5 of
the Foreign Trade (Development & Regulation) Act, 1992 (No.22 of 1992) read
with Para 1.3 and 2.1 of the Foreign Trade Policy, 2009-14, and also read with
Notification No. 26 (RE 2008)/2004-09 dated 22.7.2008 the Central Government hereby
makes the following amendments in the Schedule 2, Table B of ITC HS Classifications
of Export and Import Items by inserting S.No.161 B, in Chapter 52, immediately
after 161 A, with immediate effect, as under: - S. No. Tariff Item Code Unit
Item of Description Export Policy Nature of Restriction 161 B 5205 Cotton
yarn (other than sewing thread), containing 85% or more by weight of cotton not
put up for retail sale Free The contracts for export of cotton yarn shall be registered
with the Textile Commissioner prior to shipment. Clearance of cotton yarn consignments
shall be given by Customs after verifying that the contracts have been registered.
5206 Cotton yarn (other than sewing thread), containing less than 85% by
weight of cotton not put up for retail sale 5207 Cotton yarn (other than
sewing thread), put up for retail sale 2. This issues in public interest.
File No.01/91/180/1194/AM10/Export Cell
(R.S.
Gujral) DIRECTOR GENERAL OF FOREIGN TRADE AND EX-OFFICIO SPECIAL SECRETARY
TO THE GOVT. OF INDIA
----------------------------- -COPY OF- RE-NOTIFICATION NO.37/2009-14 Dated: April 9, 2010
Amendment in the ITC(HS) Classification of Export and Import items. In
exercise of the powers conferred by Section 5 of the Foreign Trade (Development
& Regulation) Act, 1992 (No.22 of 1992) read with Para 1.3 and Para 2.1 of
the Foreign Trade Policy, 2009-2014, the Central Government hereby makes the following
amendments in the ITC(HS) Classifications of Export and Import items, as amended,
from time to time. 2. With immediate effect, entry at Sl . No. 48 A of Notification
No. 57(RE-2007)/2004-09 Dated 21.11.2007, read with Notification No. 110 (RE-2008)/2004-2009
dated 9.6.2009, stands substituted as follows:- Sl . No. Tariff Item HS Code
Unit Item Description Export Policy Nature of Restriction 48A 1202 10 10 Kg
Groundnut (of Seed Quality) Free (a) Export to EU permitted subject to Compulsory
registration of contracts with APEDA, alongwith controlled Aflatoxin level certificate
given by agencies/laboratories nominated by APEDA; (b Exports to Russian Federation
permitted subject to pre-shipment quality certification issued by (1) Insecticide
Residue Testing Laboratory. (2) Geo- Chem Laboratories Pvt. Ltd. (3) Reliable
Analytical Laboratory (4) Arbro Pharmaceuticals Ltd. (5) Shri Ram Institute
for Industrial Research, Delhi (6) Shri Ram Institute for Industrial Research,
Branch Office Bangalore (7) Delhi Test House; and (8) Vimta Labs. or
any other agency as may be notified from time to time. 1202 10 19 Kg Groundnut
(Other) 1202 10 91 Kg Groundnut (Other of Seed Quality) 1202 10 99 Kg
Groundnut (Other) 1202 20 10 Kg Groundnut (Kernels, H.P.S.) 1202 20
90 Kg Groundnut (Other) 4. This issues in Public Interest. F. No.01/91/180/923/AM08/EC (R.S.
GUJRAL) Director General of Foreign Trade And Ex-Officio Special Secretary
to the Govt. of India
-COPY
OF- CUSTOMS CIRCULAR NO.9/2010-CUS Dated: April 8, 2010 Subject:
Issue of Custom House Agent License-Reference from field
formations - regarding. It has been brought to the notice of the
Board by certain field formations that they are facing difficulties in issuance
of Custom House Agents (CHA) License for eligible persons and in implementation
of the Custom House Agents Licensing Regulations (CHALR), 2004. 2. These issues
were examined by the Board in consultation with customs field formations and in
the Board meeting. Further, a meeting was also held with the Chief Commissioners
of Customs having jurisdiction over major Custom Houses. Accordingly the following
decisions have been taken on the issues listed below:- (i) Minimum number
of CHAs required in a Customs station: 3. Regulation 4 of the CHALR, 2004
provides the process of issue of CHA licences whereby the Commissioner of Customs
may invite applications for the grant of such number of licences as assessed by
him, to act as Customs House Agents in a customs station. The CHALR, 2004 do not
provide for any restrictions on the number of CHAs. Board is of the view that,
ideally, no restriction should be placed on the number of CHAs operating in the
Custom Houses and the market forces should govern the number of proficient and
qualified persons required to carry out the job of CHA commensurate with the volume
of import / export cargo. The Board also did not find any justification in prescribing
a turnover based criteria for ascertainment of the number of CHA licenses required
to be issued at a particular Custom House / Station, in as much as the practice
of undertaking CHA services on the basis of Form 'C' intimation was already in
vogue and would render such exercise meaningless. The Board, therefore, has decided
against fixing a numeric criterion governing the number of CHA licenses being
issued. Board has also decided that the examination under Regulation 8 shall be
conducted on an annual basis instead of twice a year, by suitably amending the
sub-regulation (1) to Regulation 8. (ii) Employment of person by a CHA: 4.
In the present scheme of CHALR, 2004 under regulation 19(1), the Custom House
Agent may employ any person who shall have a minimum educational qualification
of 10+2 School education. However, appointment of such person shall be made only
after obtaining approval of the Deputy Commissioner / Assistant Commissioner (DC/AC)
designated by the Commissioner of Customs, who shall take into consideration the
antecedents and character of the person as provided in regulation 19(2) of CHALR,
2004. In this regard, Board has decided that the DC/AC concerned, may ensure that
individuals involved in any fraudulent activity (i.e., individuals suspended or
blacklisted or denied permission to work in any section of the Custom House) shall
not be allowed to be employed by a CHA for transacting business with Customs.
Necessary undertaking in this regard may also be taken from the CHA at the time
of submission of application giving details of the person who are proposed to
be employed by them. 4.2. CHALR, 2004 do not provide for any restriction on
the number of persons a CHA can employ as it would depend upon the workload and
requirements of a CHA. However, under the regulation 19(3), any person employed
by CHA is required to appear through an examination conducted by DC/AC designated
or a Committee of officers to ascertain the adequacy of the knowledge of such
persons about the provisions of the Customs Act, 1962 before they are granted
'G' Card. Hence, it is reiterated that it is only those persons who have qualified
themselves in the examination conducted under regulation 19(3) and who have been
authorized by CHA in terms of regulation 19(5) alone are allowed to sign the declarations
filed before Customs for transacting the work at any Custom station. Those persons
who have not qualified in the examination but who are still in employment with
CHA are being given 'H' card for assisting the CHA in his work. However, the Commissioner
of Customs in a Custom House / Station shall undertake an annual review of such
'H' Cardholders with each CHA to ensure that discredited individuals are not being
allowed to work as 'H' Cardholders. The examination under Regulation 19(3) shall
also be conducted by Commissionerate of Customs on annual basis. (iii) Suspension
or revocation against CHAs operating on 'C' form intimation basis: 5.1. CHALR,
2004 provide a facility for the CHAs who have been issued a license from a particular
customs station to operate under Form 'C' intimation at another customs station.
In case of such CHAs, who are found to have violated any provision of the CHALR,
2004 at any customs station, it is clarified that the suspension action against
CHA's operations may be taken by the Commissioner of Customs at the station who
issued the CHA license and such action would either be limited to a particular
customs station where a violation has been noticed or action against the CHA in
general, applicable at all customs stations where the CHA operates, depending
upon the gravity and seriousness of the violation. Where the CHA licence is suspended,
all 'G' and 'H' cards issued in respect of that licence would become non-operational.
5.2. Further, it is also clarified that the Commissioner of Customs at a customs
station who had authorised a CHA to operate on 'C' form intimation, should inform
the details of violations to the Commissioner of Customs at the customs station
from where the CHA licence was issued for such CHA, so that necessary action for
suspension or revocation of CHA licence, could be initiated by him. This would
avoid duplication and ensure uniformity in adjudication of a case against a CHA
in suspension or revocation proceedings by the Customs field formations. However,
the Commissioner of Customs, who had authorised a CHA to operate on 'C' form intimation
at a customs station, may take action in deserving cases under regulation 21 of
CHALR, 2004 for prohibiting the working of such defaulting CHA in any section
of the Custom House/Customs Station. (iv) Know Your Customs (KYC) norms for
identification of clients by CHAs: 6. In the context of increasing number
of offences involving various modus-operandi such as misuse of export promotion
schemes, fraudulent availment of export incentives and duty evasion by bogus IEC
holders etc., it has been decided by the Board to put in place the " Know
Your Customer (KYC)" guidelines for CHAs so that they are not used intentionally
or unintentionally by importers / exporters who indulge in fraudulent activities.
Accordingly, Regulation 13 of CHALR, 2004, has been suitably amended to provide
that certain obligations on the CHAs to verify the antecedent, correctness of
Import Export Code (IEC) Number, identity of his client and the functioning of
his client in the declared address by using reliable, independent, authentic documents,
data or information. In this regard, a detailed guideline on the list of documents
to be verified and obtained from the client/ customer is enclosed in the Annexure.
It would also be obligatory for the client/ customer to furnish to the CHA, a
photograph of himself/herself in the case of an individual and those of the authorised
signatory in respect of other forms of organizations such as company/ trusts etc.,
and any two of the listed documents in the annexure. (v) Time limit for completion
of suspension proceedings against CHA licensee under regulation 22: 7.1. The
present procedure prescribed for completion of regular suspension proceedings
takes a long time since it involves inquiry proceedings, and there is no time
limit prescribed for completion of such proceedings. Hence, it has been decided
by the Board to prescribe an overall time limit of nine months from the date of
receipt of offence report, by prescribing time limits at various stages of issue
of Show Cause Notice, submission of inquiry report by the Deputy Commissioner
of Customs or Assistant Commissioner of Customs recording his findings on the
issue of suspension of CHA license, and for passing of an order by the Commissioner
of Customs. Suitable changes have been made in the present time limit of forty
five days for reply by CHA to the notice of suspension, sixty days time for representation
against the report of AC/DC on the grounds not accepted by CHA, by reducing the
time to thirty days in both the cases under the Regulations. 7.2. In cases
where immediate suspension action against a CHA is required to be taken by a Commissioner
of Customs under regulation 20(2), there is no need for following the procedure
prescribed under Regulation 22 since such an action is taken immediately and only
in justified cases depending upon the seriousness or gravity of offence. However,
it has been decided by the Board that a 'post-decisional hearing' should be given
in all such cases so that errors apparent, if any, can be corrected and an opportunity
for personal hearing is given to the aggrieved party. Further, Board has also
prescribed certain time limits in cases warranting immediate suspension under
Regulation 20(2). Accordingly, the investigating authority shall furnish its report
to the Commissioner of Customs who had issued the CHA license (Licensing authority),
within thirty days of the detection of an offence. The Licensing authority shall
take necessary immediate suspension action within fifteen days of the receipt
of the report of the investigating authority. A post-decisional hearing shall
be granted to the party within fifteen days from the date of his suspension. The
Commissioner of Customs concerned shall issue an Adjudication Order, where it
is possible to do so, within fifteen days from the date of personal hearing so
granted by him. (vi) CHA licenses in respect of individuals who had passed
the examination under CHALR, 1984: 8.1. The issue of granting CHA license
in respect of persons who had already passed the written and oral examinations
held under Regulation 9 examination of Customs House Agents Licensing Regulations
(CHALR), 1984 and are yet to be considered for issue of CHA license, was examined
by the Board. On this issue, the Board in its earlier meeting had held that with
the introduction of CHALR, 2004, there was no generalized case for grant of CHA
licence to such applicants having passed Regulation 9 examination under CHALR,
1984 as the requirements of educational qualification and also examination curriculum
were different in the two regulations. Considering the hardships experienced by
such persons and in order to remedy the situation by providing one time opportunity
to qualify them for grant of CHA license, It has been decided by the Board to
conduct written examination for these persons on the following additional subjects:
(a) The Patents Act, 1970 and Indian Copy Right Act; 1957 (b) Central Excise Act,
1944 (c) export promotion schemes (d) Procedure on appeal and revision petition
(e) Prevention of Corruption Act, 1988 and (f) online filing of electronic Customs
declarations, (g) Narcotic Drugs and Psychotropic Substances Act, 1985 and (h)
Foreign Exchange Management Act, 1999. The aforesaid examination would be conducted
by the Directorate General of Inspection after giving due notice to these candidates.
Accordingly, persons who qualify in the aforesaid examination shall be deemed
to have passed under the Regulation 8 of Customs House Agents Licensing Regulations,
2004, and would be considered for grant of CHA license in terms of Regulations
9 of CHALR, 2004 by the concerned Commissionerate from where they had earlier
passed the CHA examination held under CHALR, 1984. 8.2. Board also took note
of the fact that these candidates had passed the CHA examination held under CHALR,
1984 based on the qualification prevailing at that relevant point of time, and
that a precedent existed wherein a dispensation was prescribed vide Board's Circular
No.48/2000-Customs dated 22.5.2000 for a specific period. Accordingly it was also
decided by the Board that in case of Regulation 9 examination passed candidates
under the CHALR, 1984, the relaxation provided in respect of educational qualifications
vide Board's Circular No. 48/2000-Customs shall be extended on similar basis.
9. The aforesaid decisions of the Board involving change in the CHALR, 2004,
has been implemented by issue of Notification No.30/2010-Customs (NT) dated 8.4.2010.
10. These instructions may be brought to the notice of the trade by issuing
suitable Trade / Public Notices. Suitable Standing orders/instructions may be
issued for the guidance of the field officers. 11. Difficulties faced, if
any, in implementation of this Circular, changes made in the CHALR, 2004 may be
brought to the notice of the Board immediately. F.No.502/5/2008-Cus.VI
(M.M.
Parthiban) Director (Customs)
Annexure Client/
Customer Identification Procedure Features to be verified and documents to
be obtained from clients/ customers S.No Form of organisation Features to
be verified Documents to be obtained 1 Individual (i) Legal name and any other
names used (ii) Present and Permanent address, in full, complete and correct.
(i) Passport (ii) PAN card (iii) Voter's Identity card (iv) Driving
licence (v) Bank account statement (vi) Ration card Note: Any two
of the documents listed above, which provides client/ customer information to
the satisfaction of the CHA will suffice. 2 Company (i) Name of the company
(ii) principal place of business (iii) mailing address of the company
(iv) telephone, fax number, e-mail address. (i) Certificate of incorporation
(ii) Memorandum of Association (iii) Articles of Association (iv)
Power of Attorney granted to its managers, officers or employees to transact business
on its behalf (v) Copy of PAN allotment letter (vi) Copy of telephone
bill 3 Partnership firm (i) Legal name (ii) Permanent address, in full,
complete and correct. (iii) Name of all partners and their addresses, in full
complete and correct. (iv) telephone, fax number, e-mail address of the firm
and partners. (i) Registration certificate, if registered (ii) Partnership
deed (iii) Power of Attorney granted to a partner or an employee of the firm
to transact business on its behalf (iv) Any officially valid document identifying
the partners and the person holding the Power of Attorney and their addresses
(v) Telephone bill in the name of firm/ partners 4 Trusts, Foundations
(i) Name of trustees, settlers, beneficiaries and signatories (ii) Name and
address of the founder, the managers, Directors and the beneficiaries, in full,
complete and correct. (iii) Telephone and fax number, e-mail address of the
trust, founder and trustees. (i) Certificate of Registration, if registered (ii)
Power of Attorney granted to transact business on its behalf (iii) Any officially
valid document to identify the trustees, settlers, beneficiaries and those holding
the Power of Attorney, founders/ managers/ directors and their addresses (iv)
Resolution of the managing body of the foundation/ association (v) Telephone
bill
STax
of Rs10 lakh and above must be paid by e-mode Service tax payment by big taxpayers
enters electronic Era
In this era of information technology, business is bound to be at the speed
of thought and the government does not wish to lag behind. Manual payments through
bank challans and other conventional methods have experienced the hurdles of cheque
clearances and difficulties faced by the finance department at the time of reconciliation
of figures. Information technology, no doubt, has fostered all areas.
However,
it is a double-edged sword as it makes payment procedures easy to execute but
difficult to rectify the mistakes. Electronic payment, popularly known as e-payment,
is an additional mode of paying Service tax to the government, apart from the
conventional methods offered by banks to their customers. This scheme facilitates
assessees by using the concept of "anytime anywhere". Payment can be
made through this facility even after normal banking hours.
Such flexibility
is not available in the conventional method of tax payment. Nonetheless, the public
at large still has some inhibitions regarding the online method of payment, which
still requires to win the trust and reliability of tax-payers. People prefer manual
dealings as sometimes servers are down or due to heavy traffic connections are
very slow. Insecure payment gateways also cause failure of transactions. E-tax
payment has been made mandatory with effect from October 1, 2006 for the assessee
who has "paid" Service tax of Rs50 lakh (old) or more in the current
financial year or the previous financial year. Recently, vide notification no.
01/2010-S.T. dated February 19, 2010, this limit has been reduced to Rs10 lakh.
Here, for considering the limit of Rs10 lakh, the word "paid"
includes payment through cash as well as CENVAT credit. When tax is required to
be paid electronically, failure to do so would lead to penalty under Section 77
of the Finance Act, 1994, which may extend to Rs5,000. There are many advantages
of e-payment, including ease of operation and convenience.
The facility
is available 24x7 and there are no queues and waiting. Minimum fields of the challan
need to be filled and an auto fill lends a helping hand. Moreover, you get an
Instant Cyber receipt with the bank's transaction number along with the acknowledgement
of the challan, which can be retrieved again at any time as per your need.
As this is a 24x7 facility, it is operated through a system known as OLTAS
(On-Line Tax Assessment System). All payments effected up to 8 pm will be treated
as that day's receipt. Payments effected after 8 pm will be accounted as the next
working day's receipt. Certain doubts have also been raised as regards the
interpretation of qualifying amount of Service tax of Rs10 lakh paid by the assessee.
For a person providing taxable service from more than one premises, where each
such premises is separately registered with the department for payment of Service
tax, the criterion of Rs10 lakh would apply to each registered premises individually,
as each registered premises is separately an assessee in terms of law.
If
a person providing taxable service also receives taxable services on which he
is liable to pay Service tax, and has single registered premises, the Service
tax amount of Rs10 lakh would be the total amount of Service tax paid by him,
i.e. Service tax paid on taxable service provided from and Service tax paid on
taxable service received in such registered premises would be taken into account
for the purposes of satisfaction of criterion of payment of Service tax amount
of Rs 10 lakh. For illustration, if a person provides taxable service as well
as receives Goods Transport Agency (GTA) service, then for considering the Rs10
lakh criterion total of taxable services provided as well as GTA services received
should be considered.
For e-payment, assessees should open a net banking
account with one of the authorised banks (currently there are 28 banks), list
of which is available on the EASIEST (Electronic Accounting System in Excise and
Service Tax) website of CBEC, maintained by NSDL (https://cbec.nsdl.com/EST/).
Payment through ICICI Bank, HDFC Bank and Axis Bank can be done by assessees
for select commissionerates only, list of which is displayed in the aforesaid
EASIEST website. Payment through all other authorised banks can be made for all
commissionerates. One has to follow a simple procedure for e-payment: To pay Service
tax online, the assessee has to enter the 15-digit PAN-based Assessee Code. Instantly,
there will be an online check of the validity of the Assessee Code entered. If
the Assessee Code is valid, then corresponding assessee details like name, address,
commissionerate code etc as present in the Assessee Code Master will be displayed,
and based on the Assessee Code,
Service tax to be paid will be automatically
selected. The assessee is required to select the type of tax to be paid by clicking
on Select Accounting Codes for Service tax. The best part is that at a time the
assessee can select up to six Accounting Codes. The assessee should also select
the bank through which payment is to be made. On submission of data entered,
a confirmation screen will be displayed. If the taxpayer confirms the data entered
in the screen, it will be directed to the net-banking site of the bank selected.
The taxpayer has to login to the net banking site with the user id/ password,
provided by the bank for net-banking purpose, and enter payment details at the
bank site.
On successful payment, a challan counterfoil will be displayed
containing CIN, payment details and bank name through which e-payment has been
made. This counterfoil is proof of payment made. The procedure is much simpler
and easier than waiting for the bank clerk for long hours and at the end not getting
a proper receipt. The Service tax department has already entered the e-era; now
it's time that the service providers do not lag behind
CUSTOMS
NOTIFICATION NO.41/2010-Cus Dated: April 01, 2010
Custom
duty on import of goods required for medical, surgical, dental or veterinary use
lowered to 5 %
In
exercise of the powers conferred by sub-section (2A) of section 25 of the Customs
Act, 1962 (52 of 1962), the Central Government, on being satisfied that it is
necessary in the public interest so to do, hereby makes the following further
amendments in the notification of the Government of India in the Ministry of Finance
(Department of Revenue), No. 21/2002- Customs, dated the 1st March, 2002 , published
in the Gazette of India, Extraordinary vide number G.S.R.118 (E) , dated the 1st
March, 2002, namely:- In the said notification, in the Table, for S. No. 357A
and the entries relating thereto, the following shall be substituted, namely:-
(1) (2) (3) (4) (5) (6) "357A 9018, 9019, 9020, 9021
or 9022 Goods required for medical, surgical, dental or veterinary use
Explanation - For the purposes of this exemption, the term "Goods"
refers to medical instruments / appliances required for medical, surgical, dental
or veterinary use only and does not refer to Parts and spares thereof. 5% - -".
F. No. 354/44/2010-TRU
Prashant
Kumar Under Secretary to the Government of India
Note:
The principal notification was published in the Gazette of India, Extraordinary,
vide notification No. 21/2002-Customs, dated the 1st March, 2002 [G.S.R. 118(E),
dated the 1st March, 2002] and was last amended vide notification No. 40/2010-Customs,
dated the 31 st March, 2010, [G.S.R. 275(E), dated the 31 st March, 2010].
PN-51-09-Import
authorizations for a restricted item, if so directed by the competent authority,
shall be issued for import through one of the seaports or airports or ICDs or
LCS, as per the option indicated, in writing, by the applicant
PN-52-2009-Colour
TV Sets, Audio Systems & Sub Systems, Power Supplies- Electrical Transformers,
Telephone Sets, CD, DVD and Solid Non-Volatile Storage Devices, Unpopulated PCBs,
Semiconductor Devices, Aerial and Aerial Reflectors, Data Cables, Lan Cables,
Category Cables, Printed Circuits, ICs, LED, Public Transport Type Passenger Motor
Vehicles, Empty LPG Cylinders, Desktops and Notebooks, Agrochemicals & Pesticides,
Bicycles Mirrors, Dynamo Lighting Sets, Copper Cathodes, Petro Products notified
as New Market Linked Focus Products for benefits on exports made on or after 1st
Jan 2010
PN-53-09-Readymade Garments notified under New Market Linked
Focus Products for benefits on exports made from 1.4.2010 till 30-09-2010
POLCIR-28-09- Drawing of export samples of basmati rice for variety identification
purposes-Reg.
POLCIR-29-09- Invitation for applications for Import licences
for Rough Marble Blocks - Issue of quota for the financial year 2010-11 as per
Policy Notified vide Notification No. 36/2009-14 dated 31-3-2010.
CUSTOMS
NOTIFICATION NO.40/2010-Cus Dated: March 31, 2010
Raw
sugar imported by bulk consumer exempted from Cus duty
In
exercise of the powers conferred by sub-section (1) of section 25 of the Customs
Act, 1962 (52 of 1962), the Central Government, on being satisfied that it is
necessary in the public interest so to do, hereby makes the following further
amendments in the notification of the Government of India in the Ministry of Finance
(Department of Revenue), No. 21/2002-Customs, dated the 1 st March, 2002 which
was published in the Gazette of India, Extraordinary, vide number G.S.R.118 (E),
dated the 1 st March, 2002, namely:- In the said notification,- 1. in
the preamble, in the proviso, (i) in clause (f), for the figures, letters
and words "1st day of April, 2010", the figures, letters and words "1st
day of April, 2011" shall be substituted; (ii) after clause (ha), the
following clause shall be inserted, namely:- " (haa) the goods specified
against S.No . 38CC of the said Table on or after the 1 st day of January 2011";
Changes
in Tariff value in Brass Scrap & poppy seeds
In
exercise of the powers conferred by sub-section (2) of section 14 of the Customs
Act, 1962 (52 of 1962), the Board, being satisfied that it is necessary and expedient
so to do, hereby makes the following further amendment in the notification of
the Government of India in the Ministry of Finance (Department of Revenue), No.
36/2001-Cus (N. T.), dated, the 3 rd August 2001, namely: - In the said notification,
for the Table, the following Table shall be substituted namely:- "TABLE S.
No. Chapter/ heading/ sub-heading/tariff item Description of goods Tariff value
US $ (Per Metric Tonne ) (1) (2) (3) (4) 1 1511 10 00 Crude Palm Oil
447 (i.e. no change) 2 1511 90 10 RBD Palm Oil 476 (i.e. no change) 3
1511 90 90 Others - Palm Oil 462 (i.e. no change) 4 1511 10 00 Crude Palmolein
481 (i.e. no change) 5 1511 90 20 RBD Palmolein 484 (i.e. no change) 6
1511 90 90 Others - Palmolein 483 (i.e. no change) 7 1507 10 00 Crude Soyabean
Oil 580 (i.e. no change) 8 7404 00 22 Brass Scrap (all grades) 3898 9
1207 91 00 Poppy seeds 4070" F. No. 467/4/2010-Cus.V (M. Satish Kumar
Reddy) Director to the Government of India Note: - The Principal notification
was published in the Gazette of India, Extraordinary, vide Notification No. 36/2001
- Customs (N.T.), dated, the 3 rd August, 2001 (S. O. 748 (E), dated, the 3 rd
August, 2001) and was last amended vide Notification No. 20/2010-Customs (N.T.),
dated, the 15 th March , 2010 (S. O. 590 (E) dated 15 th March, 2010).
SERVICE
TAX NOTIFICATION NO.22/2010 - Service Tax Dated: March 30, 2010 In exercise
of the powers conferred by sub-section (1) of section 93 of the Finance Act, 1994
(32 of 1994) (hereinafter referred to as the Finance Act), the Central Government,
on being satisfied that it is necessary in the public interest so to do, hereby
makes the following amendment in the notification of the Government of India in
the Ministry of Finance (Department of Revenue) No.09/2010-Service Tax, dated
the 27 th February, 2010, published in the Gazette of India, Extraordinary, vide
number G.S.R. 153 (E), dated the 27 th February, 2010, namely:- 2. In Para
3 of the said Notification, for the word 'April', the word 'July' shall be substituted.
[F. No. B-I/2/2010-TRU] (Prashant Kumar) Under Secretary to the Government
of India. Note.- The principal notification No. 09/2010-Service Tax, dated
the 27 th February, 2010, was published vide number G.S.R. 153(E), dated the 27
th February, 2010 ---------------------------------
SERVICE TAX NOTIFICATION
NO.21/2010 - Service Tax Dated: March 30, 2010 In exercise of the powers
conferred by sub-section (1) of section 93 of the Finance Act, 1994 (32 of 1994)
(hereinafter referred to as the Finance Act), the Central Government, on being
satisfied that it is necessary in the public interest so to do, hereby makes the
following amendment in the notification of the Government of India in the Ministry
of Finance (Department of Revenue) No.08/2010-Service Tax, dated the 27 th February,
2010, published in the Gazette of India, Extraordinary, vide number G.S.R. 152
(E), dated the 27 th February, 2010, namely:- 2. In Para 2 of the said Notification,
for the word 'April', the word 'July' shall be substituted. [F. No. B-I/2/2010-TRU]
(Prashant Kumar) Under Secretary to the Government of India Note.-
The principal notification No. 08/2010-Service Tax, dated the 27 th February,
2010, was published vide number G.S.R. 152(E), dated the 27 th February, 2010.
-----------------------------------
SERVICE TAX NOTIFICATION NO.20/2010
- Service Tax Dated: March 30, 2010 In exercise of the powers conferred
by sub-section (1) of section 93 of the Finance Act, 1994 (32 of 1994) (hereinafter
referred to as the Finance Act), the Central Government, on being satisfied that
it is necessary in the public interest so to do, hereby makes the following amendment
in the notification of the Government of India in the Ministry of Finance (Department
of Revenue) No.07/2010-Service Tax, dated the 27 th February, 2010, published
in the Gazette of India, Extraordinary, vide number G.S.R. 151 (E), dated the
27 th February, 2010, namely:- 2. In Para 2 of the said Notification, for
the word 'April', the word 'July' shall be substituted. [F. No. B-I/2/2010-TRU]
(Prashant
Kumar) Under Secretary to the Government of India
Note.-
The principal notification No. 07/2010-Service Tax, dated the 27 th February,
2010, was published vide number G.S.R. 151(E), dated the 27 th February, 2010.
CUSTOMS
CIRCULAR NO.8/2010-Cus. Dated: March 26, 2010
Subject:
Import of Cosmetics under the Drugs and Cosmetics Act, 1940 and Rules made thereunder
- regarding .
I
am directed to invite your attention to the Board's Instructions vide F.No . 450/08/2007-Cus.IV
dated 22 nd January, 2007 regarding import of drugs under Chemical or generic
name and permitting its clearance through specified places under the Drugs and
Cosmetics Rules, 1945.
2.
In terms of Rule 133 of the Drugs and Cosmetics Rules, 1945, no cosmetics shall
be imported into India except through the points of entry specified in Rule 43A
of the said Rules. Further, under Schedule "D" to the said Rules read
with Rule 43, an exemption has been provided to certain categories of substances
from the restrictions under Chapter III of the Drugs and Cosmetics Act, 1940 relating
to import of Drugs and Cosmetics. Therefore, a doubt has arisen as to whether
import of cosmetics could be permitted through any port in the country under the
Drugs and Cosmetics Rules, 1945. The matter was taken up with the Drugs Controller
General of India (DCGI) for obtaining necessary clarification.
3.
The DCGI has clarified the aforesaid issue. It is stated by them that Rule 133
of the Drugs and Cosmetics Rules limits the import of cosmetics through the points
of entry specified under Rule 43A. However, under Schedule "D" to the
said Rules, an exemption has been provided for substances not intended for medical
use from the provisions of Chapter III of the Drugs and Cosmetics Act and Rules
made thereunder . The Act provides for separate definition for 'cosmetic' and
'drug' under Sub-Section 3( aaa ) and 3(b), respectively. Hence, they have stated
that the phrase 'substances not intended for medical use' would only relate to
substances which would otherwise fall under the definition of the term 'drug'
under section 3(b) of the Act, but are being imported not for medicinal use or
for some other purposes or are of commercial quality and are being labelled indicating
that they are not for medicinal use. Accordingly, they had clarified that this
exemption does not extend to other categories of products defined under the Act
including cosmetics. For the purpose of import of cosmetics, provision of Rule
133 therefore remains applicable.
4.
Accordingly, import of cosmetics at points of entry / places other than those
specified under Rule 43A may not be permitted as per the provisions of the Drugs
and Cosmetics Rules, 1945. The points of entry have been specifically mentioned
in Rule 43A such as Chennai, Kolkata, Mumbai, Nhava Sheva , Cochin, Kandla , Delhi,
Ahmedabad, Hyderabad and Ferozepur Cantonment, Amritsar, Ranaghat , Bongaon and
Mohiassan Railways Stations. If the imports are noticed through Customs stations,
other than the one notified as mentioned above, then necessary action may be taken
for non-compliance of the Drugs and Cosmetics Rules in respect of such imports.
5.
Board's Instructions vide F.No.450/08/2007-Cus.IV dated 22.1.2007 shall apply
for import of drugs. In case of import of drugs noticed at places other than those
that have been notified under the above Rules, the instruction communicated by
Drugs Controller General of India, Directorate General of Health Services vide
No.16/6-DC dated 15.6.2007 (copy enclosed) may be followed. 6. These instructions
may be brought to the notice of all concerned by way of issuance of suitable Public
Notice / Standing Order.
7.
Difficulties, if any, in implementation of the Circular may be brought immediately
to the notice of the Board. F. No.450/182/2009-Cus.IV
PUBLIC
NOTICE NO 50-2009-2014 Dated: March 29,2010
PN-50-10-Notifies new Aayat Niryat Form 2EE
In
exercise of powers conferred under paragraph 2.4 of the Foreign Trade Policy,
2009-14, the Director General of Foreign Trade hereby makes, with immediate effect,
the following amendments to Handbook of Procedures (Volume 1)(2009-14):
2.
Aayat Niryat Form 2EE (ANF 2EE), as given in Annexure to this Public Notice, shall
be inserted after ANF 2E in the Handbook of Procedures (Volume 1) ( Appendices
and Aayat Niryat Forms). 3. In Para 2.49 of the Handbook of Procedures (Volume
1), following shall be inserted below Note 6 : " PROCEDURE /G UIDELINES
F OR F ILING /E VALUATION O F A PPLICATIONS F OR E NTERING I NTO A N A RRANGEMENT
O R U NDERSTANDING F OR S ITE V ISITS, O N -S ITE V ERIFICATION A ND A CCESS T
O R ECORDS /D OCUMENTATION An application for entering into an arrangement
or understanding involving site visit, on-site verification or access to records/documentation
by a foreign government or a foreign third party either acting directly or through
an Indian party as mentioned in Appendix 3 of Schedule 2 of ITC(HS) shall be made
in ANF 2EE to DGFT(Hqrs.), New Delhi along with documents prescribed therein.
These applications shall be considered by an Inter-Ministerial Working Group
(IMWG) in DGFT based on following guidelines/general criteria:
I.
Following factors, among others, will be taken into account in the evaluation
of applications for entering into an arrangement or understanding for site visits,
on-site verification and access to records/documentation: (a) Purpose for
which arrangement / understanding is proposed under which site visit or on-site
verification or access to records/documentation is to be undertaken. (b) Credentials
and details of the parties involved. (c) Credentials of end-user, credibility
of declarations of end-use of the items or technology, the integrity of chain
of transmission of the item from the supplier to the end-user, and on the potential
of the item or technology, including the timing of its export, to contribute to
end-uses that are not in conformity with India's national security or foreign
policy goals and objectives, the objectives of global non-proliferation, or its
obligations under treaties to which it is a State party. (d) The assessed
risk that the arrangement/understanding could lead to dual-use items and technology
falling into the hands of terrorists, terrorist groups and non-State actors. (e)
In case site visit, on-site verification or access to records/documentation is
to be carried out by a foreign government or its representative(s), the following
shall be taken into consideration :- i. Export control measures instituted
by the foreign government; ii. Capabilities and objectives of programs of
the foreign government relating to weapons and their delivery. (f) Applicability
of relevant bilateral and multilateral agreements to which India is a party (g)
Assessment of any threat that such site visit, on-site verification or access
to records/documentation may pose to India 's national security, and relations
with any other country. (h) Assessment of possible links of the foreign parties
with terrorist organizations and non-state actors within their own country or
in any other country. II. Permission for arrangement or understanding involving
site visit, on-site verification or access to records/documentation will be subject
to the following conditions:- (a) Site visit, on-site verification or access
to records/documentation will be confined to the purpose, sites and activity for
which permission given/which have been mentioned in the authorization. (b)
Site visit, on-site verification or access to records/documentation will be allowed
only to individuals mentioned in the authorization. (c) Site visit, on-site
verification or access to records/documentation shall be concluded during the
period mentioned in the authorization. (d) Exporter/Importer will keep a record
of site visit, on-site verification or access to records/documentation alongwith
detail of individuals who visited the premises during this visit and produce the
same as and when required to do so by the GOI. (e) No exchange of goods, services
and technologies and any documentation including drawings, specification sheets
etc. will take place during the visit. (f) Exporter/importer may be required
to give any additional assurance that the Government of India may require. (g)
Any other condition that may be stipulated in the permission. III. Provisions
of Weapons of Mass Destruction Act, 2005 shall also apply to an arrangement or
understanding that involves site visit, on-site verification or access to records/documentation.
IV. Any violation of any condition of the license shall invite civil/ criminal
prosecution as per law." 4. This issues in public interest. File
No.01/91/171/14/AM-06/Export Cell)
(R.S.
Gujral) Director General of Foreign Trade and Ex Officio Special Secretary
to the Government of India
ANNEXURE
to Public Notice No ANF 2EE Application Form for Request for Entering
into an Arrangement or Understanding that Involves Site Visit, On-Site Verification
or Access to Records / Documentation as mentioned in Appendix 3 of Schedule 2
of ITC (HS) Classification of Export and Import Items [Please see guidelines
(at the end) before filling the application] 1. IEC Number * *IEC should
not be under DEL on the date of application. 2. Applicant Details : i.
Name ii. Address
3.
Jurisdictional Regional Authority :
4.
Detail of activities and operations:
5.
Details of the provisions of the arrangement or understanding involving site visits
/ on-site verification / access to records / documentation ( e.g. nature of documentation,
mode of verification, nature and frequency of site visits etc.) Please include
all details and attach the draft of relevant declaration / arrangement / MOU etc.
*
*
Enclose additional sheet if required 6. Purpose of arrangement/understanding
involving site-visit / on-site verification / access to record / documentation
(please tick and give clarification, if any) : i. Export of SCOMET Items ii.
Import of SCOMET Items
7.
In case purpose is export / import of SCOMET Items, following details may be provided
: (a). Details of SCOMET items in Appendix 3 of Schedule 2 of ITC(HS) Classification
of Export & Import Items: Sl. No. Description of export / import items
SCOMET Category i.e. 1B, 1C, 2,3,4,5 and 7 SCOMET Item No. ITC (HS) Code No. (if
available) Quantity
(b) End user Details : i. Name ii. Address
iii. Telephone No. iv. Fax No. v. Location (Country) of end user vi.
End product for which the item of export will be used by the end user vii.
Purpose for which the end product will be utilized viii. Is end user an entity
of Government of destination country? ix. Manufacturing / Business / other
activity of the end user
8
. Details of export / import of SCOMET items in the preceding 3 licensing years
: Sl. No. Export / Import Licence/Authorization Details Category & Description
of items Exported / Imported Qty. exported / imported Date of Shipment FOB Value
of Exports / Imports (US $) Country to/ from which exported / imported Name of
the End User No. Date Qty Value (US $)
9.
Details of the Foreign Government / Foreign Third Party** i. Name ii.
Address iii. Telephone No. iv. Fax No. v. Is the party, an entity of Govt.
of that country? ** Detailed profile to be enclosed. 10. If the visit
/ verification / access to records will be through an Indian Party, details of
the Indian Party : i. Name ii. Address iii. Telephone No. iv. Fax
No. v. Address of Corporate Office.
11.
(a) Period of arrangement or understanding that involves site visit, on-site verification
or access to records / documentation: (b). Proposed number of visits:
12.
Detail of sites and activities which will be covered by the arrangement / understanding
# (I) i. Address ii. Telephone No. iii. FAX No. iv. Nature of
Unit : Corporate Office / Registered Office / Branch Office /Manufacturing unit
/ Laboratory. (v) Activity. (II) i. Address ii. Telephone No.
iii. FAX No. iv. Nature of Unit : Corporate Office / Registered Office / Branch
Office /Manufacturing unit / Laboratory. v. Activity. # Enclose additional
sheet, if required. 13. Details of persons / individuals who shall visit during
site visit / on-site verification etc. ## (I) i. Name ii. Address
iii. Nationality iv. Position / Designation in the foreign government
/ foreign third party / Indian Party v. Telephone No. vi. Fax No. (II)
i. Name ii. Address iii. Nationality iv. Position / Designation
in the foreign government / foreign third party / Indian Party v.
Telephone No. vi. Fax No. ## Enclose additional sheet, if required. 14.
If applied for permission for entering into arrangement / understanding that involves
site visit, on-site verification or access to records / documentation on repeat
basis during last five (5) licensing years for the same purpose, please furnish:
Reference Number and date vide which earlier permission granted
15.
Foreign Collaborator Details (As registered with GOI/RBI) (If No foreign
collaboration exists, please state 'None') i. Name ii. Address DECLARATION/UNDERTAKING
1. I / We hereby declare that the particulars and the statements made in this
application are true and correct to the best of my / our knowledge and belief
and nothing has been concealed or held there from. 2. I / We fully understand
that any information furnished in the application if found incorrect or false
will render me / us liable for any penal action or other consequences as may be
prescribed in law or otherwise warranted. 3. I / We undertake to abide by
the provisions of the FT (D & R) Act, 1992, the Rules and Orders framed there
under, FTP, HBP v 1 and HBP v2 and ITC (HS). 4 a. I / We hereby certify
that the firm / company for whom the application has been made has not been penalized
under Customs Act, Excise Act, FT (D & R) Act 1992 and FERA / FEMA. b.
I / We hereby certify that none of the Proprietor / Partner(s) / Director(s) /
Karta / Trustee of firm / company, as the case may be, is / are a Proprietor /
Partner(s) / Director(s) / Karta / Trustee in any other firm / Company which has
come to adverse notice of DGFT. c. I / We hereby certify that the Proprietor
/ Partner(s) / Director(s) / Karta / Trustee, as the case may be, of the firm/company
is / are not associated as Proprietor / Partner(s) / Director(s) / Karta / Trustee
in any other firm / company which is in the caution list of RBI. d. I / We
hereby certify that neither the Registered Office / Head Office of the firm/company
nor any of its Branch Office(s) / Unit(s) / Division(s) has been declared a defaulter
and has otherwise been made ineligible for undertaking import / export under any
of the provisions of the Policy. 5. I / We hereby declare that I / We have
not obtained nor applied for such benefits (including issuance of an Importer
Exporter Code Number) in the name of our Registered / Head Office or any of our
Branch(s) / Unit(s) / Division(s) to any other Regional Authority. 6. I /
We solemnly declare that I / We have applied for / obtained a RCMC to the EPC
which pertains to our main line of business. In case we have applied to any other
council, the application has been made within the purview of the provisions of
Para 2.67 and Para 2.67.1 of the HBP v1. 7. a. I / We further undertake
to maintain record of site visit, on-site verification or access to records /
documentation and produce the same as and when asked to do so by the Government
of India. b. I/We also hereby inform that we have complied with the conditions
of all previous permissions issued to us for entering into an arrangement or understanding
that involves site visits, on-site verification or access to records / documentation.
8. I hereby certify that I am authorized to verify and sign this declaration
as per Paragraph 9.9 of the Policy. Place: Signature of the Applicant Name
Designation Date: Official Address Telephone E-mail Address
GUIDELINES
FOR APPLICANTS (Please also see paragraph 2.49 of HBP v1)
1.
One original application in the prescribed format ANF 2EE and ANF 1 and six copies
thereof along with self-certified copies of the documents as in para 2 below must
be submitted to DGFT (HQ), Udyog Bhavan, New Delhi. Each page of the original
application has to be signed by the applicant with stamp of the company.
2.
Application must be accompanied by self-certified copies of the documents as per
details given below: (i) Import & Export Code number. (ii) Copy of
draft Declaration / draft Agreement / draft MOU proposed to be signed for entering
into an Arrangement or Understanding that involves site visit etc. (iii) Technical
Specifications (not exceeding one page for each item) for the items to be exported
/ imported. (iv) Profile of the foreign government / foreign third party /
Indian party.
3.
In case purpose of site visit / on-site verification is export / import, Original
End User certificate (in the prescribed format Appendix 36 on Letter Head of the
End User) indicating complete details of the export / import product, end product,
end purpose for which the item of export / import will be used by end user alongwith
complete address and telephone No. of end user must be furnished alongwith original
application. End User Certificate from the following must also be submitted: (i)
By the final end user if the import is by a third party / contractor. (ii)
By the third party /contractor, if any, who is supplying goods to the end user.
4.
Complete address(s) should be stated in relevant columns. P.O. Box number will
not be accepted.
CUSTOMS
CIRCULAR NO.7/2010-Cus. Dated: March 23, 2010
Sub:
Recovery of drawback amount on the portion of the FOB value of export not realized
by the exporter but compensated by ECGC - reg.
I
am directed to say that payment of duty drawback is governed by provisions of
section 75 of the Customs Act, 1962 and the rules made there under. Section 75
of the Customs Act provides that where any drawback has been allowed on any goods
and the sale proceeds in respect of such goods are not realized within the time
allowed under the Foreign Exchange Management Act, 1999 such drawback shall be
deemed never to have been allowed and the Central Government may, by Rules made
under section 75 (2), specify the procedure for the recovery of the amount of
such drawback. A procedure has also been laid down under the Customs, Central
Excise and Service Tax Drawback Rules, 1995 for recovery of drawback in case of
non-realization of export proceeds. Therefore, the amount of drawback paid in
all such cases where export proceeds have not been realized has to be recovered.
2.
However, it has been brought to notice of the Board that some exporters are resisting
recovery of drawback in cases where export proceeds have not been realized citing
provisions in Handbook of Procedure (HBP) (Vol.1) of the Foreign Trade Policy
(FTP) discussed below.
3.
Para 2.25.1 of the Handbook of Procedure (HBP) (Vol.1) of the Foreign Trade Policy
(FTP) 2009-2014 provides that payment through ECGC cover would count for benefits
under FTP. The FTP 2004-09 (Para 2.25.1 of the HBP v.1) and the FTP 2002-2007
(Para 2.25.3 of the HBP v.1) also had the same provision. The DGFT vide Policy
Circular No.12/2002-2007 dated 1.11.2002 had clarified that this provision would
also be applicable to exports made or licenses issued prior to 01.4.2002.
4.
Further, a new provision has been made in the current FTP (Para 2.25.4 of the
HBP v.1, 2009-14) which provides that realization of export proceeds shall not
be insisted under any of the Export Promotion Schemes under the Foreign Trade
Policy, if the Reserve Bank of India (RBI) writes off the requirement of realization
of export proceeds on merits and the exporter produces a certificate from the
concerned foreign Mission of India about the fact of non-recovery of export proceeds
from the buyer. However, this would not be applicable in self-write off cases.
5.
Since the Drawback scheme is governed by the provisions of the Customs Act, 1962
and the Rules made there under which clearly provide that drawback should be recovered
if sale proceeds have not been realized, it is hereby clarified that provisions
contained in para 2.25.1 and 2.25.4 of the HBP v.1 (2009-14) would not be applicable
to the Drawback scheme. Hence, 'Drawback' would not be payable in cases where
export proceeds have not been realised in accordance with the provisions of the
Foreign Exchange Management Act, 1999 even if the claim has been settled by ECGC
or realisation waived by RBI. Action should be taken for recovery of drawback
amount in such cases.
6.
A suitable Public Notice and Standing Order may be issued for the guidance of
the trade and staff. Difficulties faced, if any, in implementation of the Circular
may be brought to the notice of the Board at an early date. Receipt of the
Circular may kindly be acknowledged.
RE-NOTIFICATION
NO.34/2009-2014 Dated: March 25, 2010
Subject:
Exemption in Prohibition on export of Pulses - regarding.
In
exercise of the powers conferred by Section 5 read with Section 3(2) of the Foreign
Trade (Development & Regulation) Act, 1992 (No.22 of 1992) and also read with
Para 1.3 and Para 2.1 of the Foreign Trade Policy, 2009-2014, the Central Government
hereby makes, with immediate effect, the following amendment in the Notification
No. 15 (RE-2006)/2004-09 dated 27.06.2006 read with Notification No. 99 (RE-2008)/2004-09
dated 27.03.2009, as amended, from time to time. 2. The following shall be
added at the end of para 3 (iii): "3 (iv) the prohibition on export of
pulses shall not be applicable to export of 60 MTs of pulses (Dal)) to the Republic
of Maldives." 3. This issues in Public Interest. F. No. 01/91/171/59/AM09/Export
Cell
(R.S.
GUJRAL) Director General of Foreign Trade And Ex-Officio Special Secretary
to the Govt. of India
CUSTOMS
NOTIFICATION NO.36/2010-Cus Dated: March 22, 2010
Customs
duty on import of specified goods from Bangaldesh Bhutan Maldives & Nepal
slashed-100 per cent exemption from applied rate of duty of customs leviable also
notified on several products
In
exercise of the powers conferred by sub-section (1) of section 25 of the Customs
Act, 1962 (52 of 1962), the Central Government, on being satisfied that it is
necessary in the public interest so to do, hereby makes the following amendments
in the notification of the Government of India in the Ministry of Finance (Department
of Revenue), No.107/2008-Customs, dated the 6 th October, 2008, published in the
Gazette of India, Extraordinary, Part II, Section 3, Sub-Section ( i ), vide number
G.S.R. 718 (E), dated the 6 th October, 2008, namely:- In the said notification,
in the Table, in column (4),- (i) for the entry "50%", wherever
it occurs, the entry "75%" shall be substituted; (ii) for the entry
"75%", wherever it occurs, the entry "100%" shall be substituted.
F.No . 354/42/2002-TRU Pt.
Prashant
Kumar Under Secretary to the Government of India
Note.
- The principal notification No. 107/2008-Customs, dated the 6 th October, 2008
was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section
( i ) vide number G.S.R. 718 (E), dated the 6 th October, 2008.
AAR-India-UK
DTAA - Applicant is member of E&Y Global - gets access to central resources
and also support services from non-resident entity - reimburses costs - Since
relationship does not involve any transfer of technical knowhow or skill, it is
not covered under either DTAA or I-T Act
THE
Applicant is a private limited company, engaged in providing consultancy services.
The applicant is a member of Ernst & Young Global which has member entities
in various countries. Ernst & Young EMEIA Services Ltd is one of such entities
incorporated under the laws of England and Wales. This non-resident entity provides
support in various fields, and the costs incurred are allocated to all EY members
and they reimburse it - whether the payments made by the applicant are fees for
technical services under Article 13 of the DTAA. Whether the sum receivable by
the Ernst & Young EMEIA Services Ltd are fees for technical services u/s 9(1)(vii)
of the I-T Act. Matrix of facts
Ernst
& Young EMEIA Services provides support in various fields such as Area, Global
and Market Development etc. to all the member entities of the EY organization
so that they may gain access to standardized human, financial and other resources
to ensure that consistent, high quality professional services are provided to
the client base of all members of the EY organization. EMEIA, inter alia, provides
Area Services, Market Development Support Services and Global Services as detailed
in the Schedule to the Area Services and Market Development Agreement. Such support
is provided from UK and it does not have any Permanent Establishment or fixed
base in India. The terms and conditions under which all EY member entities would
get such support from EMEIA are documented in the form of the Area Services and
Market Development Agreement (for short, 'the Agreement') which has been filed.
Under the Agreement, costs incurred for providing the services are allocated to
EY member entities and they reimburse such costs to EMEIA, UK.
EMEIA
does not earn any income from providing access to centralized Ernst & Young
resources, facilities and services. The cost allocation is done in accordance
with agreed formula. The applicant states that the payment is made by way of reimbursement
of the cost incurred on behalf of the applicant company by EMEIA.
The
applicant seeks advance ruling on (1) Whether the amount payable by the applicant
in accordance with the agreement entered into with Ernst & Young (EMEIA) Services
Limited is chargeable to tax in India under the provisions of the Income-tax Act,
1961 ('the Act') and Double Taxation Avoidance Agreement between India and UK? (2)
Whether the amount receivable by Ernst & Young (EMEIA) Services Limited from
Ernst & Young (P) Ltd., inter alia, on account of Area Services, Market Development
Support Services and Global Services as detailed in the Schedule to the Area Services
and Market Development Agreement is chargeable to tax in India as "fees for
technical services" under section 9(1)(vii) of the Income-tax Act, 1961.
Applicant
argues that the amount received by EMEIA for Services rendered in terms of the
Agreement with the applicant company is not 'fees for technical services' as per
Article 13 of the DTAA between India and U.K. Though it gives rise to business
profit for the reason that EMEIA is in the business of providing access to central
resources and services to various member entities, in the absence of permanent
establishment of EMEIA in India, the receipt is not taxable in India by virtue
of the provisions in Article 7 of the DTAA. Having heard the parties the Authority
observes that, " Some of the services enumerated above have the flavour
of management services. Services of managerial nature are not included within
Article 13 unlike many other treaties. Only technical and consultancy services
are included. Many of them do answer that description. " However, the
more important question is whether EMEIA, U.K. has made available to the applicant
any technical knowledge, experience, skills or know-how by providing the 'support
services'. That question admits only of an answer in the negative. What all is
provided by EMEIA is informations on various business and commercial matters,
guidelines, templates, best practices and strategies that could be adopted in
various spheres of their business which ultimately lead to protection of EY image
and client relations. Dissemination of informations, furnishing guidelines and
suggesting plans of action aimed at uniformity and seamless quality in business
dealings of participating group entities do not per se amount to making available
to them technical knowledge and experience possessed by EMEIA to a substantial
extent. " There is no transfer of technical know-how in that process
nor can it be said that the recipient of these coordinated/centralized services
has been enabled to apply the technology which EMEIA is possessed of. In fact,
EMEIA has not developed any technology of its own nor does it innovate anything. "
Both the questions are answered in the negative and it is ruled that the amounts
receivable by Ernst and Young EMEIA Services Ltd. from the applicant under the
Agreement are not liable to be taxed under the Income Tax Act as fee for 'included
services' or as business profits, having regard to the provisions of DTAA between
India and UK. " However, the Income-tax authorities are not precluded
from making inquiry into the question whether the cost contribution is fixed on
arm's length basis and such determination can be made in the assessment proceeding
of the applicant. ----------------------------------
IN
THE AUTHORITY FOR ADVANCE RULINGS (INCOME TAX) NEW DELHI A.A.R. No.820 of
2009 Name & address of the applicant ERNST & YOUNG (P) LTD 22, Camac
Street, Kolkata - 700016 Commissioner concerned Commissioner of Income-tax, Kolkata Present
for the applicant Mr. N. Venkatraman, Sr. Advocate Mr. Achin Goel, Advocate Mr.
Kapilesh Manglik, CA Mr. Ashutosh Sharma, CA Mr. Ambrish Kumar Jhamb, CFO Mr.
Naveen Kapur, Manager Present for the Department None P V Reddi (Chairman)
And J Khosla (Member) Dated : March 19, 2010
Income
tax - Sec 9(1)(vii) - India-UK DTAA - Article 7, 13 - Applicant is a private limited
company, engaged in providing consultancy services - applicant is a member of
Ernst & Young Global which has member entities in various countries - Ernst
& Young EMEIA Services Ltd is one of such entities incorporated under the
laws of England and Wales - this non-resident entity provides support in various
fields, and the costs incurred are allocated to all EY members and they reimburse
it - whether the payments made by the applicant are fees for technical services
under Article 13 of the DTAA - whether the sum receivable by the Ernst & Young
EMEIA Services Ltd are fees for technical services u/s 9(1)(vii) of the I-T Act
Ernst
& Young EMEIA Services provides support in various fields such as Area, Global
and Market Development etc. to all the member entities of the EY organization
so that they may gain access to standardized human, financial and other resources
to ensure that consistent, high quality professional services are provided to
the client base of all members of the EY organization. EMEIA, inter alia, provides
Area Services, Market Development Support Services and Global Services as detailed
in the Schedule to the Area Services and Market Development Agreement. Such support
is provided from UK and it does not have any Permanent Establishment or fixed
base in India. The terms and conditions under which all EY member entities would
get such support from EMEIA are documented in the form of the Area Services and
Market Development Agreement (for short, 'the Agreement') which has been filed.
Under the Agreement, costs incurred for providing the services are allocated to
EY member entities and they reimburse such costs to EMEIA, UK.
EMEIA
does not earn any income from providing access to centralized Ernst & Young
resources, facilities and services. The cost allocation is done in accordance
with agreed formula. The applicant states that the payment is made by way of reimbursement
of the cost incurred on behalf of the applicant company by EMEIA. The applicant
seeks advance ruling on (1) Whether the amount payable by the applicant in
accordance with the agreement entered into with Ernst & Young (EMEIA) Services
Limited is chargeable to tax in India under the provisions of the Income-tax Act,
1961 ('the Act') and Double Taxation Avoidance Agreement between India and UK? (2)
Whether the amount receivable by Ernst & Young (EMEIA) Services Limited from
Ernst & Young (P) Ltd., inter alia, on account of Area Services, Market Development
Support Services and Global Services as detailed in the Schedule to the Area Services
and Market Development Agreement is chargeable to tax in India as "fees for
technical services" under section 9(1)(vii) of the Income-tax Act, 1961. Applicant
argues that the amount received by EMEIA for Services rendered in terms of the
Agreement with the applicant company is not 'fees for technical services' as per
Article 13 of the DTAA between India and U.K.
Though
it gives rise to business profit for the reason that EMEIA is in the business
of providing access to central resources and services to various member entities,
in the absence of permanent establishment of EMEIA in India, the receipt is not
taxable in India by virtue of the provisions in Article 7 of the DTAA. Having
heard the parties the Authority observes that, ++ some of the services enumerated
above have the flavour of management services. Services of managerial nature are
not included within Article 13 unlike many other treaties. Only technical and
consultancy services are included. Many of them do answer that description. ++
However, the more important question is whether EMEIA, U.K. has made available
to the applicant any technical knowledge, experience, skills or know-how by providing
the 'support services'. That question admits only of an answer in the negative.
What all is provided by EMEIA is informations on various business and commercial
matters, guidelines, templates, best practices and strategies that could be adopted
in various spheres of their business which ultimately lead to protection of EY
image and client relations. Dissemination of informations, furnishing guidelines
and suggesting plans of action aimed at uniformity and seamless quality in business
dealings of participating group entities do not per se amount to making available
to them technical knowledge and experience possessed by EMEIA to a substantial
extent. ++ There is no transfer of technical know-how in that process nor
can it be said that the recipient of these coordinated/centralized services has
been enabled to apply the technology which EMEIA is possessed of. In fact, EMEIA
has not developed any technology of its own nor does it innovate anything. ++
Both the questions are answered in the negative and it is ruled that the amounts
receivable by Ernst and Young EMEIA Services Ltd. from the applicant under the
Agreement are not liable to be taxed under the Income Tax Act as fee for 'included
services' or as business profits, having regard to the provisions of DTAA between
India and UK. ++ However, the Income-tax authorities are not precluded from
making inquiry into the question whether the cost contribution is fixed on arm's
length basis and such determination can be made in the assessment proceeding of
the applicant. Cases followed Intertek Testing Anapharm Inc. in re Both
questions are answered in the negative in favour of the applicant.
RULING 1.
The applicant, Ernst & Young Private Ltd. (EYPL) is a company incorporated
in India and is engaged in providing consultancy services (such as chartered accountancy
and management studies). The applicant is one of the member entities of Ernst
& Young Global (EYG). EYG has such member entities in various countries. All
member entities (including EYPL) use the brand 'Ernst & young' (EY) and adopt
the international practices followed by the EY organization worldwide for providing
consultancy services to their clients. Such membership enables the member companies
to co-operate, collaborate and work closely together to achieve the provision
of seamless, consistent, high-quality client service within the Area.
1.1.
Ernst & Young (EMEIA) Services Limited is a limited liability company incorporated
under the laws of England and Wales. This Company has been formed specifically
to facilitate the objective of providing support in various fields such as Area,
Global and Market Development etc. to all the member entities of the EY organization
so that they may gain access to standardized human, financial and other resources
to ensure that consistent, high quality professional services are provided to
the client base of all members of the EY organization. EMEIA, inter alia, provides
Area Services, Market Development Support Services and Global Services as detailed
in the Schedule to the Area Services and Market Development Agreement. Such support
is provided from UK and it does not have any Permanent Establishment or fixed
base in India. The terms and conditions under which all EY member entities would
get such support from EMEIA are documented in the form of the Area Services and
Market Development Agreement (for short, 'the Agreement') which has been filed.
Under the Agreement, costs incurred for providing the services are allocated to
EY member entities and they reimburse such costs to EMEIA, UK. 1
.2.
It is submitted that EMEIA does not earn any income from providing access to centralized
Ernst & Young resources, facilities and services. The cost allocation is done
in accordance with agreed formula. The applicant states that the payment is made
by way of reimbursement of the cost incurred on behalf of the applicant company
by EMEIA. 2. The following questions (as revised) are raised by the applicant
for the purpose of advance ruling: (1) Whether the amount payable by the applicant
in accordance with the agreement entered into with Ernst & Young (EMEIA) Services
Limited is chargeable to tax in India under the provisions of the Income-tax Act,
1961 ('the Act') and Double Taxation Avoidance Agreement between India and UK? (2)
Whether the amount receivable by Ernst & Young (EMEIA) Services Limited from
Ernst & Young (P) Ltd., inter alia, on account of Area Services, Market Development
Support Services and Global Services as detailed in the Schedule to the Area Services
and Market Development Agreement is chargeable to tax in India as "fees for
technical services" under section 9(1)(vii) of the Income-tax Act, 1961.
3.
The applicant contends that the amount received by EMEIA for Services rendered
in terms of the Agreement dated 5th May, 2009 with the applicant company is not
'fees for technical services' as per Article 13 of the DTAA (Tax Treaty) between
India and U.K. Though it gives rise to business profit for the reason that EMEIA
is in the business of providing access to central resources and services to various
member entities, in the absence of permanent establishment of EMEIA in India,
the receipt is not taxable in India by virtue of the provisions in Article 7 of
the DTAA.
4.
The term 'fees for technical services' is defined in para 4 of Article 13 to mean
"payment of any kind in consideration for the rendering of any technical
or consultancy services (including the provision of services of technical or other
personnel) which : .. (c) make available technical
knowledge, experience, skills, know-how or processes or consist of the development
and transfer of a technical plan or technical design". The definition of
"fees for included services" in the India-USA Treaty bears the same
wordings. In the MOU reached between the Governments of India and USA concerning
"fees for included services" (Article 12), the import and connotation
of the first part of definition in clause (b) of para 4 i.e. "make available"
technical knowledge, experience etc. has been explained. The MOU clarifies that
technology will be considered 'made available' when the person acquiring the service
is enabled to apply the technology. The MOU further clarifies that the fact that
the provision of the service may require technical input by the person providing
the service does not per se mean that technical knowledge, skills, etc. are made
available to the person paying for the service.
5.
It is the contention of the applicant that the services rendered to the applicant
by EMEIA does not satisfy the test of 'make available' under Article 13 of the
DTAA as they do not result in transfer of any technical know-how, technical plan/design,
though some of the services broadly answer the description of consultancy or technical
services. The applicant submits that the work of EMEIA is confined to providing
support and access to central resources for developing business strategies and
plans at Area level, providing support in implementation of Priority Account Strategies
and Industry Sector Strategies, knowledge Management and Sharing, Market Development
Support, Assistance in the implementation and monitoring of common standards,
policies and tools, Assistance in Recruitment and training and retention of operating
Global methodologies and applications and procuring on a centralized basis goods
and services.
5.1
In the course of arguments, the learned counsel for the applicant while reiterating
the above contentions of the applicant, submitted that EMEIA does not create any
system or technology nor does it make its contribution by refining or improving
on it. It merely gathers and collates the information from the systems already
available and place them before the members entities who have entered into agreement
for their guidance and implementation. The idea is to maintain uniformity in practices
and approaches in business among the E&Y Group entities by providing the requisite
templates, power points, accounting practices etc. EMEIA serves as a common platform
for globalizing the standards and ensuring uniformity in practices and systems.
The total expenditure will be shared by all the entities. The nature of services
listed in the Agreement would clearly indicate that no technical knowledge, experience,
skills or know-how is being made available by EMEIA to the member entities.
5.2
The learned counsel has drawn our attention to the passages in the recent ruling
of this Authority in Intertek Testing 307 ITR 418 at p.432 ,which are extracted
below: "Rendering technical or consultancy service is followed by a relative
pronoun "which" and it has the effect of qualifying the services. That
means, the technical or consultancy service rendered should be of such a nature
that "makes available" to the recipient technical knowledge, know-how
and the like. The service should be aimed at and result in transmitting the technical
knowledge, etc., so that the payer of service could derive an enduring benefit
and utilize the knowledge or know-how in future on his own without the aid of
the service provider. By making available the technical skills or know-how, the
recipient of the service will get equipped with that knowledge or expertise and
be able to make use of it in future, independent of the service provider. In other
words, to fit into the terminology "make available", the technical knowledge,
skills, etc., must remain with the person receiving the services even after the
particular contract comes to an end. The services offered may be the product of
intense technological effort and a lot of technical knowledge and experience of
the service provider would have gone into it. But that is not enough to fall within
the description of services which make available the technical knowledge, etc.
The technical knowledge or skills of the provider should be imparted to and absorbed
by the receiver so that the receiver can deploy similar technology or techniques
in future without depending on the provider." In the case of Anapharm
Inc. in re 304 ITR 394 ,this Authority observed: It is, thus, fairly clear
that mere provision of technical services is not enough to attract article 12(4)(b).
It additionally requires that the service provider should also make his technical
knowledge, experience, skill, know-how, etc. known to the recipient of the service
so as to equip him to independently perform the technical function himself in
future, without the help of the service provider. In other words, payment of consideration
would be regarded as "fee for technical/included services" only if the
twin tests of rendering services and making technical knowledge available at the
same time is satisfied."
6.
Looking at the list of services enumerated in the Agreement, it appears to us
that the criterion laid down in para 4(c) of Article 13 (of UK Treaty) is not
satisfied. The Agreement contains an elaborate preamble explaining the underlying
objective of the Agreement. There are two types of services categorized in the
schedule; they are area services and global services. Both of them almost overlap.
Global services are more relevant for the purposes of this case. The applicant's
counsel has taken us through the global services and broadly explained the scope
of each service. The learned counsel at the outset pointed out some inaccuracy
in the definition of 'global services' because it refers to the services set out
in the EYGSLLP Management Services Agreement. The learned counsel has stated that
the global services are enumerated in a self-contained Schedule to the relevant
agreement i.e. Area Services and Market Development Agreement and, therefore,
the reference to some other earlier agreement is not appropriate. In any case,
the learned counsel has clarified that practically, there is no difference between
the services mentioned in both these agreements and if at all the enumeration
in the present agreement is more comprehensive. A chart containing comparative
analysis of these two agreements has been furnished to clarify this point.
7.
We have looked into the global services detailed in the schedule to the Agreement
with which we are concerned. We shall refer to them (14 in number) in brief one
by one: 1. Strategy - Firmwide & Service Lines - Developing, leading and
overseeing plans and strategies for the Member Firms of Ernst & Young Global
in order to achieve seamless, consistent, high- quality services Formulating global
planning processes and encouraging their adoption. Overseeing execution of plans
and strategies with global consistency while differentiating the EY brand in the
marketplace. Developing strategies for each Service Line, clearly defining
and identifying the existing and future core global Service Lines. Aligning
the global sub-Service Lines, integrating service delivery across global Service
Lines connecting and integrating Service Line, Industry and Account activities. 2.
Accounts, Industry & Business Development - Formulating Priority Accounts
strategy for the Member Firms of Ernst & Young Global focused on enhancing
Industry effectiveness, driving profitable revenue growth; Formulating Industry
Sector Strategy for the Member Firms of Ernst & Young Global focused on enhancing
Industry effectiveness, driving profitable revenue growth; Development of ASQ
strategy for the Member Firms of Ernst & Young Global. Policy enshrines a
common methodology and framework to measure the quality of services provided to
clients. 3. Knowledge Management and Sharing Driving the delivery of a globally
consistent knowledge strategy and plan to enable "our people", Service
Line, Sector, Account and Business Development priorities. Global knowledge enables
the delivery of strategic analysis and research, global competitive and market
intelligence analysis and reporting. 4. Marketing Supporting the Market
Leadership strategy for the Member Firms of Ernst & Young Global by enhancing
EY's reputation among key stakeholders. 5. Internal Communications Delivering
a global internal communications program that connects and engages the partners
and people of the Member Firms of Ernst & Young Global around their shared
cultural, strategic and organizational priorities. Provision of appropriate internal
communications programs and materials to support EY people in their client-facing
activities. 6. Public Relations Protecting and enhancing brand and reputation
of the Member Firms of Ernst & Young Global in collaboration with EYG leaders,
Global Industry and Service Line Leaders and with execution through and by Area/country
PR teams. Managing communication around sensitive media issues, including developing
messages etc. 7. Public Policy Working with regulators across multiple jurisdiction
to ensure the EY network is able to contribute to important decisions affecting
the way the profession is governed. 8. Quality and Risk Management Development
and supervision of common standards and policies for the EY network, including
strategies and programmes to embed quality and risk management throughout the
EY Global network, such as independence infrastructure, quality review programmes
and client and engagement acceptance and continuance policies and tools. Providing
practice manuals and other reference materials and otherwise assisting in the
adoption and consistent application of common standards and policies. 9. People Developing
and overseeing common programmes and policies for Resourcing (Recruiting and Mobility),
Learning and Development and People Infrastructure. This includes global people
surveys, strategic resourcing and recruiting, globally aligned Performance Management
and Development processes, partner development, etc. 10. Core Business Services Provision
of services in relation to Human Resources, Events Planning, Facilities Management,
IT Support, Information Distribution and Graphics Support. 11. Legal Advice
and strategic input on a wide range of competencies to support the EYG functions,
including regulatory, risk and crisis management; dispute resolution; project
management; regulatory matters; company and partnership law; financial and treasury
advice; and commercial and IP law. 12. Finance Developing and overseeing
common financial treasury, budgeting and accounting systems, practices and policies,
and providing advice and assistance in connection with such systems, practices
and policies. Providing value-added financial information and support to Global,
Area and country leaders, including in relation to supporting technology. Creating
policies for, and implementing, a common client invoicing and settlement procedure
by Member Firms. 13. Technology and Infrastructure Providing wide range
of technology applications and support services to the Member Firms, including
global data center support services. Centralized procurement of software licenses
from third party vendors, such as e-mail systems, computer security systems, voice
mail connectivity and internet services. Development and deployment of Global
applications and methodologies, including Global Financial Information System. 14.
Centralized Procurement Services Procuring on a global basis goods and services
that can be advantageously so procured, including credit facilities, health benefits,
and other financial services required by Member Firms or their employees. 7.1
In the course of hearing we have asked the learned counsel for the applicant to
explain various items in the form of a note and supporting documents to illustrate
the contents of each service. The learned counsel has accordingly filed a Paper
Book containing 89 pages. We shall refer to the clarifications given by the applicant
with reference to some of the services. 2. Accounts, Industry and Business
Development. Re: Priority accounts: para 2.1 o An overall key account framework
and plan from EY Global, o Visits by Global account leaders to India subsidiaries
and affiliates, o Templates/frameworks on accounts planning and development.
Best practices in approaching these large MNCs as a Global firm. Re: Industries
and Business Development: Para 2.2 Global formulates plans for achieving higher
profitability and thought leadership, while Area works in liaison with the member
firm to get the plans implemented. The various services rendered are as under: o
Relationship, knowledge and Credentials support in pursuits/proposals to large
clients, o Service frameworks pertaining to the focus sectors. Re: Assessment
of Service Quality (ASQ) - para 2.3 This contemplates provision of common methodologies
and framework for quality services to be provided to the clients and Area, in
liaison with the member firms. The same gets implemented at Area level. Written
questionnaires and interviews are used for this exercise. The support received
from Global is in terms of a Global policy that drives the survey process including
questionnaires, assessment templates to be used. ASQ is a Global framework
and is used to determine the level of satisfaction of services provided by EY
to its clients. 13. Technology and Infrastructure 13.1 Providing wide range
of technology applications and support services to the Member Firms, including
global data center support services. 13.2 Centralised procurement of software
licences from third party vendors, such as email systems, computer security systems,
voice mail connectivity and internet services. 13.3 Development and deployment
of Global applications and methodologies, including Global Financial Information
System. 13.4 Maintaining Global datacenters. Under this clause, various
types of software, e.g., centrally hosted application service (CHAS), Global Mail
Template, Global Systems Management Server, Internet mail service, Global corporate
data base, Service Offering Reference Tool (SORT), Global TAS Templates etc. are
provided to the member entities. It is stated that the service provider, namely,
EMEIA sources common technology and application systems referred to above and
allow all the member firms including the Applicant to use the same. No technology
is made available. All member firms are allowed to use it in a uniform manner.
Sample screen shorts of the various applications and support services received
from time to time are placed on record. 3. Knowledge Management and Sharing The
various services rendered are : Analysis on focus markets, competitive intelligence
within a particular sector /country. The purpose of above services is stated
to be to respond better to moves from competitors and stay better informed on
the sectors and to provide higher quality service to clients. 8. First of all,
some of the services enumerated above have the flavour of management services.
Services of managerial nature are not included within Article 13 unlike many other
treaties. Only technical and consultancy services are included. Many of them do
answer that description. However, the more important question is whether EMEIA,
U.K. has made available to the applicant any technical knowledge, experience,
skills or know-how by providing the 'support services' noted above. In our view,
that question admits only of an answer in the negative. What all is provided by
EMEIA is informations on various business and commercial matters, guidelines,
templates, best practices and strategies that could be adopted in various spheres
of their business which ultimately lead to protection of EY image and client relations.
Dissemination of informations, furnishing guidelines and suggesting plans of action
aimed at uniformity and seamless quality in business dealings of participating
group entities do not per se amount to making available to them technical knowledge
and experience possessed by EMEIA to a substantial extent. There is no transfer
of technical know-how in that process nor can it be said that the recipient of
these coordinated/centralized services has been enabled to apply the technology
which EMEIA is possessed of. In fact, EMEIA has not developed any technology of
its own nor does it innovate anything. 9. In the light of above discussion,
the questions are answered as follows: Both the questions are answered in the
negative and it is ruled that the amounts receivable by Ernst and Young EMEIA
Services Ltd. from the applicant under the Agreement are not liable to be taxed
under the Income Tax Act as fee for 'included services' or as business profits,
having regard to the provisions of DTAA between India and UK. However, the Income-tax
authorities are not precluded from making inquiry into the question whether the
cost contribution is fixed on arm's length basis and such determination can be
made in the assessment proceeding of the applicant. Accordingly, ruling is
given and pronounced on this the 19th day of March 2010. AAR-India-USA DTAA
- Applicant proposes to enter into agreement with non-resident for architectural
design services - Article 12.4 - At every stage, starting from conceptual stage
till construction, applicant looks for services and expert's advice - it is not
a sale of design - payments liable to tax in India Applicant is a real estate
company. It proposes to construct an international quality commercial office/hotel
complex in Gurgaon. The applicant enters into an Agreement with a non-resident
limited partnership for provision of Architectural design services. The agreement
also provides for appointment of a local Architect as associate Architect - Whether
the payments made to non-resident are for outright sale of designs. whether the
payments are fees for included services. Whether the payments made to the associated
artichect but received by the second party in the agreement is taxable as per
Article 12.4 in India. Facts of the case As per agreement, the Payments
to the local associate Architect are to be made separately and are not under consideration
in the application. As per the agreement, both, HOK - the Architect and RSP -
the Associate Architect, have been retained "to work jointly and on a cooperative
basis in order to perform the entire design, construction documents and construction
administration for the Project, each responsible for its share of work but jointly
responsible in providing the entire design, construction documents and construction
administration service necessary to complete the Project. There is also a provision
for rendering additional services not otherwise included in the Agreement or not
customarily furnished as per the prevailing architectural practices. For such
additional services, additional payment has to be made according to an agreed
formula. Reimbursable expenses are also specified in the Agreement. Applicant
seeks advance rulings on (a) Whether consideration payable for sale of designs
is taxable under the DTAA in view of the fact that the US entity has no permanent
establishment in India? (b) Whether payment of fees for technical advisory
services to HMS/Indian Associate Architects during the Phase-2 of the Project
is taxable under the Art.12(4) of the Treaty even though it is to be excluded
from "included services" under Art.12(5)(a) of the Treaty? (c) Whether
fees for supervisory/advisory services during the Construction Administration
phase is taxable under Art. 12(4) of the Treaty and, if so, would such fees attract
tax at the rate of ten per cent as prescribed in S.115A of the Act?" d)
Whether reimbursement of expenses actually incurred by the US entity without any
mark up is subject to provisions of section 195 of the Act? Having heard the
parties the Authority has held that, " At every stage starting from the
conceptual stage till construction, the applicant looks for the services and expert
advice of HOK. HOK acts in close collaboration with the Owner (applicant), the
associate Architect and the Consultant. Bi-weekly meetings through teleconferencing
are regularly held. The applicant's role in the project is all-pervasive. The
applicant does not go out of picture once the so-called sale of drawings and designs
take place nor can it be said on a reasonable basis that everything else done
or performed by HOK is merely incidental or subordinate to the transfer of plans,
drawings and designs. " The fact that there is separate specification
of price for convenience of payments and adhering to schedules or that a major
portion of the amount is payable at the design development stage is not conclusive.
having regard to the scope, objective and predominant features of the Agreement,
the HOK must be said to have received payment ('compensation') in the nature of
FTS or included services within the meaning of clause (b) of Article 12.4 of the
Treaty, irrespective of whether 'royalty' clause is attracted or not. "
The remittances to HOK for the purpose of making payments to Consultants under
the Agreement can also fall under Article 12(4) (b) as they also render architectural
services. However, since HOK is not the beneficiary of the said payments and they
are to be passed on to the consultant in USA for the services rendered outside
India such payments will not attract tax liability under the Income-tax Act in
India. " But, it is made clear that the actual payments made to the consultant
can be verified by the department and, if any, adverse material comes to light,
appropriate steps according to law can be taken. On the facts presented by the
applicant, AAR held that the receipts by HOK on account of consultancy fee payable
to consultants in USA on actual basis will not give rise to taxable income in
India. So also, the payments made towards the other reimbursable expenses cannot
be considered to be income falling under Article 12. However, they are also subject
to verification. ------------------------------- IN THE AUTHORITY FOR ADVANCE
RULINGS (INCOME TAX), NEW DELHI A.A.R. No. 832 of 2009 Name & address
of the applicant HMS REAL ESTATE PVT LTD 1A-D, Vandhna Building, 11, Tolstoy
Marg, Delhi-110001 Commissioner Concerned Commissioner of Income-tax-I Delhi Present
for the applicant Mr. S.D. Kapila, Advocate Mr. R.R. Maurya, Advocate Mr.
Sanjiv Gupta (HMS Real Estate) Mr. Amit Jain, Project Accoutant Mr. Vijay
Mathur, Admn. MPCO. Present for the Department - P V Reddi, Chairman And
J Khosla, Member Dated : March 18, 2010 Income tax - Sec 195, 9(1)(vi) &
(vii) - India-USA DTAA - Article 12 - Applicant is a real estate company - proposes
to construct an international quality commercial office/hotel complex in Gurgaon
- enters into an Agreement with a non-resident limited partnership for provision
of Architectural design services - agreement also provides for appointment of
a local Architect as associate Architect - Whether the payments made to non-resident
are for outright sale of designs - whether the payments are fees for included
services - whether the payments made to the associated artichect but received
by the second party in the agreement is taxable as per Article 12.4 in India As
per agreement, the Payments to the local associate Architect are to be made separately
and are not under consideration in the application. As per the agreement, both,
HOK - the Architect and RSP - the Associate Architect, have been retained "to
work jointly and on a cooperative basis in order to perform the entire design,
construction documents and construction administration for the Project, each responsible
for its share of work but jointly responsible in providing the entire design,
construction documents and construction administration service necessary to complete
the Project. There is also a provision for rendering additional services not otherwise
included in the Agreement or not customarily furnished as per the prevailing architectural
practices. For such additional services, additional payment has to be made according
to an agreed formula. Reimbursable expenses are also specified in the Agreement. Applicant
seeks advance rulings on (a) Whether consideration payable for sale of designs
is taxable under the DTAA in view of the fact that the US entity has no permanent
establishment in India? (b) Whether payment of fees for technical advisory
services to HMS/Indian Associate Architects during the Phase-2 of the Project
is taxable under the Art.12(4) of the Treaty even though it is to be excluded
from "included services" under Art.12(5)(a) of the Treaty? (c) Whether
fees for supervisory/advisory services during the Construction Administration
phase is taxable under Art. 12(4) of the Treaty and, if so, would such fees attract
tax at the rate of ten per cent as prescribed in S.115A of the Act?" d)
Whether reimbursement of expenses actually incurred by the US entity without any
mark up is subject to provisions of section 195 of the Act? Having heard the
parties the Authority has held that, ++ At every stage starting from the conceptual
stage till construction, the applicant looks for the services and expert advice
of HOK. HOK acts in close collaboration with the Owner (applicant), the associate
Architect and the Consultant. Bi-weekly meetings through teleconferencing are
regularly held. The applicant's role in the project is all-pervasive. The applicant
does not go out of picture once the so-called sale of drawings and designs take
place nor can it be said on a reasonable basis that everything else done or performed
by HOK is merely incidental or subordinate to the transfer of plans, drawings
and designs. ++ The fact that there is separate specification of price for
convenience of payments and adhering to schedules or that a major portion of the
amount is payable at the design development stage is not conclusive. having regard
to the scope, objective and predominant features of the Agreement, the HOK must
be said to have received payment ('compensation') in the nature of FTS or included
services within the meaning of clause (b) of Article 12.4 of the Treaty, irrespective
of whether 'royalty' clause is attracted or not. ++ The remittances to HOK
for the purpose of making payments to Consultants under the Agreement can also
fall under Article 12(4) (b) as they also render architectural services. However,
since HOK is not the beneficiary of the said payments and they are to be passed
on to the consultant in USA for the services rendered outside India such payments
will not attract tax liability under the Income-tax Act in India. ++ But,
it is made clear that the actual payments made to the consultant can be verified
by the department and, if any, adverse material comes to light, appropriate steps
according to law can be taken. On the facts presented by the applicant, AAR held
that the receipts by HOK on account of consultancy fee payable to consultants
in USA on actual basis will not give rise to taxable income in India. So also,
the payments made towards the other reimbursable expenses cannot be considered
to be income falling under Article 12. However, they are also subject to verification. RULING 1.
In this application under Section 245Q(1), the applicant seeks advance ruling
on the following three questions: 1. Whether the compensation payable to Hellmuth,
Obata + Kassabaum L.P., USA under clause VA of the Agreement dated October 15,
2008 can be disintegrated in three parts; viz., (a) for development and sale of
designs (b) consultancy for construction documents, and, (c) for 'Construction
administration' and 'additional services'? 2. If the answer to Question No.1
is in the affirmative:- (a) Whether consideration payable for sale of designs
is taxable under the D.T.A.A. with USA (the Treaty) in view of the fact that the
US entity has no permanent establishment in India? (b) Whether payment of fees
for technical advisory services to HMS/Indian Associate Architects during the
Phase-2 of the Project (Construction Document) is taxable under the Art.12(4)
of the Treaty even though it is to be excluded from "included services"
under Art.12(5)(a) of the Treaty? (c) Whether fees for supervisory/advisory
services during the Construction Administration phase is taxable under Art. 12(4)
of the Treaty and, if so, would such fees attract tax at the rate of ten per cent
as prescribed in S.115A of the Act?" 3. Whether reimbursement of expenses
actually incurred by the US entity without any mark up is subject to provisions
of section 195 of the Act? Question No. 2 has been recast by the applicant
after 1st hearing. 2. The applicant is an Indian company engaged in the business
of development and management of commercial real estate. The applicant proposes
to construct an international quality commercial office/hotel complex in Gurgaon.
For this purpose, it has entered into an Agreement on 15th Nov. 2008 with Hellmuth,
Obata + Kassabaum L.P.(HOK) a limited partnership which is a resident of USA,
for provision of Architectural design services. The agreement also provides for
appointment of a local Architect as associate Architect. Accordingly, M/s RSP
Architects Planners and Engineers Pvt. Ltd. (RSP) has been appointed as 'Associate
Architect'. Payments to the local associate Architect are to be made separately
and are not under consideration in the application. As per the agreement, both,
HOK-the Architect and RSP-the Associate Architect, have been retained "to
work jointly and on a cooperative basis in order to perform the entire design,
construction documents and construction administration for the Project, each responsible
for its share of work but jointly responsible in providing the entire design,
construction documents and construction administration service necessary to complete
the Project". 2.1. Under the head "Scope and Description of Services"
- 'Design Services', the obligations of Architect are stated as follows: 1.
The Architect will participate with and assist the Owner, as required, in developing
and refining the general Project concept for the Project described in Exhibit
A. The Architect will develop a detailed program for the Project based on in-depth
interviews with the Owner and other parties designated by the Owner. The Architect
shall review with the Owner, as requested, alternative approaches to design and
construction of the Project and will prepare such schematic or conceptual drawings
as may be required. 2. After the owner has approved the general Project concept
and Project program, the Architect shall prepare, for review and approval by the
Owner, design development drawings and outline specifications adequate for obtaining
preliminary cost and price estimates, and assist the Associate Architect in developing
a set of construction drawings and specifications, which are adequate for complete
pricing and construction of the Project as required ("Contract Documents"). 3.
Upon completion of the construction drawings and specifications by the Associate
Architect, and prior to submitting such documents to the Owner for issuance to
contractors for prices and construction, the Architect review each such final
construction drawing and specification with all other drawings and specifications
for consistency with the approved design embodied in the Design Development documents,
completeness and to avoid errors and omissions. 4. The Architect shall cooperate
with the Associate Architect in obtaining approval of governmental authorities
having jurisdiction over the Project and also assist him to ensure that the Contract
Documents shall conform to applicable restrictions, laws, and regulations in effect.
The Contract Documents shall consist of all necessary drawings, details, plans,
elevations, sections, and schedules, dimensioned, noted, and coordinated, as well
as specifications, and the Associate Architect shall seal and sign the drawings
and specifications as the architect of record. 5. The Architect shall assist
the Associate Architect and Owner in the preparation of any necessary bidding
information, and any forms of agreement between the general contractor and the
sub-contractors for the Project. 2.2. The architect's basic services are classified
broadly into 6 heads: (a) Master plan/Concept design (b) Schematic design (c)
Design development phase in which design is finalized after reviewing the detailed
design prepared by the local design consultants (d) Construction document phase
wherein the architect will provide coordination and drawing review with the associate
architect, preparation of designs sketches to clarify design intent and review
of specifications for design content. (e) Bidding and contract selection process (f)
Construction phase : (i) key selected shop drawings prepared by the associate
architects; (ii) consultation and site visits; (iii) review and evaluation
of cost saving proposals submitted upto start of construction of the contractor. 2.3.
There is also a provision for rendering additional services not otherwise included
in the Agreement or not customarily furnished as per the prevailing architectural
practices. For such additional services, additional payment has to be made according
to an agreed formula. Reimbursable expenses are also specified in the Agreement. 3.
The above scope of work under the Agreement has been summarized by the applicant
as follows : a) Development of program and master plan concept Design; ]b)
Development of Schematic design concepts; c) Preparation of Design Development
drawings; d) Coordination and drawing review of documents; e) Assisting
the owner in bidding and contractor selection process; f) Observing construction
progress; g) Review of cost saving and alternative proposals; and h) Additional
services as may be required. 3.1. In respect of the above items of work, HOK
is entitled to a fixed fee (net of taxes) as per cl V of the Agreement on submission
of monthly invoices and the fee will be received by HOK in US dollars outside
India. It is pointed out that items (a) to (c) above which broadly fall under
the first phase lead to finalization of designs and drawings. Item (d) which relates
to construction documents is the second stage. Items (e) to (g), it is stated,
comes under the third stage i.e. technical consultancy and supervisory services.
It is conceded by the learned counsel for the applicant that as far as the payments
received by HOK in the third stage during construction are liable to be taxed
as 'FTS' ('fees for technical services'). 3.2. The Agreement contemplates the
retention by the Architect of consultants specialized in various fields who shall
participate in the design of project. The selection of consultants by the architect
is subject to the approval of the owner. Cl VII B provides : "the architect
shall be responsible for contracting with the international or US based consultants
and shall coordinate all design activities of said consultants. Compensation for
the professional services rendered by each of the consultants shall be paid directly
to each consultant of the architect." It is stated that the consultants in
US have been engaged in terms of this clause. 3.3. Clause V deals with 'Compensation'
which is nothing but fee payable to the Architect. It is stipulated that the architect
shall receive as compensation for all basic services the fixed price sum (excluding
local taxes) of 2,114,000 US dollars based on a building size of 1,300,000 sq.ft.
payable in response to monthly invoices based upon the amount of basic services
and additional services. The counsel for the applicant has clarified that the
applicant has to bear the taxes and pay TDS. The break-up of the stipulated fee
of 2,114,000 US dollars is given as follows : Project Phase Amount in USD (Original
Agreement) Master/Concept Design 275,000 Schematic Design 449,000 Design
Development 542,000 Construction Document 375,000 Construction Administration
473,000 Total 2,114,000 3.4. As per the amendment to the Agreement, a further
amount of Rs.1,508,000 is payable at various stages which is by way of reimbursement
of 'compensation' payable to the consultants in USA. Thus, the total consideration
payable under the contract is 3,622,000. The applicant states that the aforesaid
functions except construction administration are performed from outside India.
The designs and drawings are transferred electronically to the applicant and ownership
therein vests in the applicant. Development of designs is carried out by means
of bi-weekly teleconferencing and video conferencing. For the purpose of developing
the designs, HOK will engage specialist consultants outside India. After the delivery
of designs, the preparation of detailed construction documents will take place
in India by the Indian Architect in consultation with HOK. HOK, it is stated,
will provide advisory for preparation of construction documents. 3.5. It is
stated that the employees of HOK have come to India for a maximum period of 50
days for providing supervisory services. The applicant states that the completion
of the project is likely to take three years. 3.6. In the course of hearing,
the applicant furnished an Event Summary Chart starting from October 2008 in which
the details of visits of HOK personnel are set out. It is mentioned therein that
the schematic design and design development work has already been completed. The
applicant has also furnished a note on certain aspects relating to preparation
of Designs and Delivery. 4. The case of the applicant as set out in Annexure-II
is as follows : "The designs and drawings developed by the non resident
recipient are sold to applicant; therefore the receipts arising to the non-resident
are in the nature of business profits. Since, the recipient does not have any
permanent establishment in India, the receipts cannot be taxed as business profits.
The receipts also are not taxable as 'royalty' as defined in section 9(1)(vi)
of the Income-tax Act, 1961 and also under Article 13 of Indo-US DTAA as the said
transaction involves outright sale of designs and the property in these goods
vest in the applicant. This sum is also not taxable as 'fee for technical services'
in terms of section 9(1)(vii)(b) of the Income-tax Ac, 1961 for the reason that
the recipient has used its technical expertise for preparing and selling chattels,
which are designs. This being a case of sale, there could be no question of transfer
of use or right to use any plant or equipment." 4.1. Learned counsel for
the applicant has reiterated the stand taken in the application. It is contended
that the Agreement can be disintegrated into three parts; (a) for development
and sale of designs (b) consultancy for construction documents and (c) 'Construction
administration' and 'Additional services'. It is submitted that separate price
is identified for each of these items and activities. If so viewed, only the payment
received at the stage of construction administration in relation to services which
are basically performed in India during the phase of construction are liable to
be taxed as fees for included services at the percentage of rate provided for
in Section 115A(1)(b)/BB of the IT Act, according to the counsel. The learned
counsel for the applicant has strenuously contended that if the contract has to
be viewed as a composite one without disintegrating it, the dominant nature and
object of the contract has to be looked into. If so, it is nothing but outright
sale of designs and technical documents delivered through website from outside
India and on such delivery, the applicant becomes the owner as the entirety of
rights over those designs have been conveyed to the applicant. Therefore it is
submitted that the payments made to HOK (excepting those at the 'construction
administration phase') do not fall within the definition of royalty under Art.12(3)(a)
of the India-US DTAA. For the same reason, it is submitted that they do not fall
under 'fees for included (technical) services' within the meaning of Art.12(4)
of the India-US DTAA. Even if they are treated as 'business profits accruing or
arising in India, the same cannot be subjected to tax under the Income-tax Act,
1961 in the absence of Permanent Establishment(PE), having regard to the Treaty
provision in Art.7(1). As the number of days of presence of HOK employees in India
will be much less than the prescribed number of days, a service PE cannot be inferred,
submits the counsel. 4.2. The applicant's counsel has in particular drawn our
attention to Clause VIII of the Agreement which bears the heading "Copyright
Assignment and Ownership of Documents". "Architect hereby acknowledges
and confirms the intention of Architect to convey all right, title and interest
it may have in and to all drawings, specifications, models, renderings and work
product, excluding the Preexisting Materials, prepared in connection with the
Project ("Products of Service"), including, without limitation, the
copyrights and any copyright registrations issued therefor, to Owner. Architect
does hereby sell, assign and transfer of owner, its successors, assigns and legal
representatives, for the United States of America and throughout the world, all
right, title and interest it may have in and to the Products of Service, including
the copyrights and any copy right registrations issued therefor, the rights to
prepare derivative works, the right to apply for copyright registration and future
renewals or extensions of copyright terms, and the right to sue for copyright
infringement, whether occurring in the past, present or future." 4.3.
The last para of the same clause provides that on termination of the Agreement
by the owner or on payment by owner to the Architect of all sums due, all drawings,
specifications, models and work product prepared in connection with the project
shall become the property of the owner. "Nevertheless, it is understood by
the owner that all such drawings etc. may be in appropriate for use in any other
project." Reference has also been made to Clause XIX which says that Architect
shall not use or disclose confidential information without owner's prior written
approval. 5. Before proceeding further, we may refer to Art.12 of the Tax Treaty
(DTAA). Article 12 - Royalties and fees for included services 1. Royalties
and fees for included services arising in a Contracting State and paid to a resident
of the other Contracting State may be taxed in that other State. 2. However,
such royalties and fees for included services may also be taxed in the Contracting
State in which they arise and according to the laws of that State, but if the
beneficial owner of the royalties or fees for included services is a resident
of the other Contracting State, the tax so charged shall not exceed: (a) in
the case of royalties referred to in sub-paragraph (a) of paragraph 3 and fees
for included services as defined in this Article [other than services described
in sub-paragraph (b) of this paragraph]: (i) during the first five taxable
years for which this Convention has effect, xx xx xx xx xx (ii) during the
subsequent years, 15 per cent of the gross amount of royalties or fees for included
services; and (b) in the case of royalties referred to in sub-para (b) of paragraph
3 and fees for included services as defined in this Article that are ancillary
and subsidiary to the enjoyment of the property for which payment is received
under paragraph 3(b) of this Article, 10 per cent of the gross amount of the royalties
or fees for included services. 3. The term "royalties" as used in
this Article means: (a) payments of any kind received as a consideration for
the use of, or the right to use, any copyright of a literary, artistic, or scientific
work, including cinematograph films or work on film, tape or other means of reproduction
for use in connection with radio or television broadcasting, any patent, trade
mark, design or model, plan secret formula or process, or for information concerning
industrial, commercial or scientific experience, including gains derived from
the alienation of any such right or property which are contingent on the productivity,
use or disposition thereof; and (b) payments of any kind received as consideration
for the use of, or the right to use, any industrial, commercial or scientific
equipment other than payments derived by an enterprise described in paragraph
1 of Article 8 (Shipping and Air Transport) from activities described in paragraph
2 (c ) or 3 of Article 8. 4. For the purposes of this Article, "fees for
included services" means payments of any kind to any person in consideration
for the rendering of any technical or consultancy services (including through
the provision of services of technical or other personnel) if such services:
(a)
are ancillary and subsidiary to the application or enjoyment of the right, property
or information for which a payment described in paragraph 3 is received; or (b)
make available technical knowledge, experience, skill, know-how, or processes,
or consist of the development and transfer of a technical plan or technical design. 6.
As noted earlier, the learned counsel for the petitioner submits that HOK has
sold the designs and the property including copyright has wholly passed to the
applicant and, therefore, it cannot be said that the consideration has been paid
to HOK for permitting the use or right to use the design, model or plan. It is
pointed out that once the designs and drawings relating to the project are delivered
to the applicant by posting them on the project Web through the 'servers' located
in USA the applicant becomes the absolute owner thereof and the HOK is barred
for making use of them for its own purpose. The payment for the designs etc. is
received once and for all and the payment is not contingent on the productivity
use or further alienation thereof as contemplated in the second part of clause
(a) of Article 12(3). 7. We are unable to appreciate the contention of the
learned counsel for the applicant that on the basis of clause VIII of the Agreement
conveying the right, title and interest the Architect has in the drawings, specifications,
models and work product (which are described as 'products of services'), the transaction
has to be regarded as one of sale of designs. The Agreement cannot be read in
isolation and the components of the contract cannot be placed in water-tight components.
The agreement shall be read as a whole. The approach should be to ascertain what
is the true scope and dominant object of the contract. One should take stock of
the predominant features of the contract. The learned counsel for the applicant,
in fact, does not suggest that a different approach has to be adopted. We have
to take a holistic view in considering the agreement without being carried away
by the apparent tenor of some of the clauses in the Agreement. For instance, clause
(VIII) on which utmost reliance is placed shall be considered in the context of
and in conformity with the spirit of the entire Agreement. Viewed from that angle,
can it be said, as the applicant seeks to contend, that the crux and substance
of the contract is the sale of designs and drawings and the basic services enumerated
in the Agreement are only incidental to the sale or the inference should be the
other way i.e. the transfer of designs being part of a package of architectural
services undertaken by HOK under the contract? We are inclined to think that the
reasonable view to take, on an appreciation of the Agreement in its entirety,
is to adopt and affirm the second line of approach indicated above. By taking
the view that the essence of the transaction is the sale of designs, models and
plans and everything else is incidental thereto is to distort and stultify the
true nature and dominant purpose of the contract. The Agreement is in reality
nothing different from what is described in the opening sentence i.e. "design
and consultancy services". The Architect while performing such services,
will participate with and assist the owner "in developing and refining the
general project concept. The architect will develop the detailed programme for
the project based on in depth interviews with the Owner and others". We have
already referred to the various responsibilities to be discharged and the steps
to be taken by the Architect which are detailed in clause IV. At every stage starting
from the conceptual stage till construction, the applicant looks for the services
and expert advice of HOK. HOK acts in close collaboration with the Owner (applicant),
the associate Architect and the Consultant. Bi-weekly meetings through teleconferencing
are regularly held. The applicant's role in the project is all-pervasive. The
applicant does not go out of picture once the so-called sale of drawings and designs
take place nor can it be said on a reasonable basis that everything else done
or performed by HOK is merely incidental or subordinate to the transfer of plans,
drawings and designs. The fact that there is separate specification of price for
convenience of payments and adhering to schedules or that a major portion of the
amount is payable at the design development stage is not conclusive. We are of
the view that having regard to the scope, objective and predominant features of
the Agreement, the HOK must be said to have received payment ('compensation')
in the nature of FTS or included services within the meaning of clause (b) of
Article 12.4 of the Treaty, irrespective of whether 'royalty' clause is attracted
or not. In this context, we may refer to the relevant comments in the Memorandum
of Understanding concerning fees for included services under Article 12 which
is arrived at between the Goverments of India and USA on 15th May, 1989. It is
stated that typical categories of services that generally involve either the development
and transfer of technical plans or technical designs or making technology available
as described in para 4(b), include architectural services. The scope of 4(b) of
Article 12 has been explained, thus: "This category is narrower than the
category described in paragraph 4(a) because it excludes any service that does
not make technology available to the person acquiring the service. Generally speaking,
technology will be considered "made available" when the person acquiring
the service is enabled to apply the technology. The fact that the provision of
the service may require technical input by the person providing the service does
not per se mean that technical knowledge, skills, etc., are made available to
the person purchasing the service, within the meaning of paragraph (b). Similarly,
the use of a product which embodies technology shall not per se be considered
to make the technology available." 7.1. It is significant to note that
the latter part of clause (b) of para 4 speaks of "development and transfer
of a technical plan or technical design. This limb of clause (b) is squarely attracted
to the present case because technical services rendered by HOK resulted in the
development and transfer of technical plan and design to the applicant. If an
out-right transfer of a design or plan for consideration has to be treated as
an independent transaction unrelated to the services, the scope of latter part
of clause (b) will be considerably diluted and the very purpose for which the
said words were included in the definition of FTS will be defeated. In one sense,
there could a transfer of designs and in another sense the development and transfer
of technical plan/design can be viewed as a sequel to and integral part of the
services undertaken by HOK. In the present case, clause (b) of para 4 is attracted
having regard to the true nature and purport of the Agreement. The architectural
services rendered by HOK can also be brought within the fold of the first part
of clause (b) starting with the expression "make available". However,
it is unnecessary to express a final view in the matter. We would also not like
to express an opinion on the question whether the consideration attributable to
the transfer of designs and plans can be brought within the scope of the clause
- "payment received for information concerning industrial, commercial or
scientific experience" occurring in the definition of 'royalty' vide Article
12.3(a). According to the OECD commentary, this term alludes to the concept of
know-how and information that is not publicly available. The fact that there was
sale of designs may not preclude the application of this limb of 'royalty' definition.
Suffice it to say that it is a moot point and it is unnecessary for us to express
a view on this aspect. 8. We are, therefore, of the view that basic(design)
services which include preparation of Master Plan, concept design, schematic design,
design development and construction documents, assistance in bidding and contractors'
selection process and consultancy during construction phase are all part of architectural
services undertaken the HOK as per the Agreement and the payment received by HOK
for furnishing all these documents and services to the applicant fall appropriately
within the meaning of 'fees for included services' under Article 12.4(b) of the
India-US Treaty. They cannot be disintegrated and viewed in water-tight compartments.
We reject the contention of the applicant that the payments attributable to the
sale of designs, plans and other construction documents cannot be subjected to
tax in India as they do not fall within the purview of Article 12 of the Treaty. 9.
The learned counsel for the applicant has relied on the decision of Division Bench
of Calcutta High Court in CIT vs. Davy Ashmore India Ltd 190 ITR 626 .That was
a case in which the assessee arranged for the import of concept designs and drawings
from U.K. on the strength of import licence for the purpose of enabling the purchaser
to make use of them in the preparation of detailed manufacturing drawings. The
question arose whether the payment made to the foreign company which supplied
the designs was 'royalty' and to be taxed under the Income-tax Act, 1961. The
learned judges held that it was a case of sale and no royalty was generated. The
following passage is relevant: "Having regard to the facts and circumstances
of this case, it must be held that the present case is not a case where the non-resident
is retaining the property in the designs and drawings. Such designs and drawings
are imported under the import policy and with the approval of the Reserve Bank
of India on the basis of the letter of intent. The importation of the designs
and drawings postulates an out and out transfer or sale of such designs and drawings
and the non-resident company does not retain any property in them leaving the
grantee to use or exploit them. The consideration paid for transfer, therefore,
cannot be treated as royalty falling under article XIII of the Agreement for Avoidance
of Double Taxation between India and the U.K. The consideration paid is for an
outright transfer of the drawings and designs by the non-resident company and
such consideration cannot be termed as royalty." 9.1. That case is distinguishable
for more than one reason. Firstly, whether the payment was within the scope of
'fees for technical services' was not considered. Secondly, that was not a case
of rendering any service. Out-right transfer of drawings and designs which were
required by the Purchaser for the purpose of preparing detailed manufacturing
drawings of Cold Rolling Mill was involved in that case. It was a stand alone
transaction unconnected with any service. Moreover, it does not appear to be a
case of tailor-made designs and drawings. Those which were available with U.K.
company were sold out to the Indian buyer. 10. The learned counsel for the
applicant has also drawn our attention to a recent ruling of this Authority in
International Tyre Engineering Resources. In re: reported in 319 ITR 228. Reliance
is placed on para 15 in which the item relating to transfer of ownership of tread
and side-wall design was considered. It was held that the ownership therein having
been transferred absolutely to CEAT Ltd., the consideration paid cannot be brought
within the scope of Article 12.3 of the Treaty. 10.1. In that case the transfer
of know-how of technology for the manufacture of radial tyres and the transfer
of ownership of tread and side wall design were dealt with separately in the Agreement.
The tread and side wall design was distinct from that part of the agreement which
related to transfer of know-how. It was specifically observed in para 15 that
this part of the transaction cannot be viewed to be merely incidental to the conferment
of right to use the know-how granted under clause (2) of the Agreement. Therefore,
the factual position was different in that case. On the other hand, the contention
that even in respect of first part of the agreement (i.e transfer of technical
know-how), there was sale of technical documentation and such sale having taken
place outside India was not liable to be taxed under the Income-tax Act was rejected.
The following observations in para 9.1. are pertinent: "Assuming that
there was sale of technical documentation, that is not the end of the matter.
Such sale is, in reality and in substance, incidental to the grant of right to
use the know- how in various ways specified in clause 2.1. The transfer of technical
documentation was only a step in aid for making the technical know-how available
to the transferee CEAT." 10.2. This reasoning is equally applicable here.
The said ruling far from supporting the applicant's case, goes against the applicant's
contention. 11. There is one more point to be considered i.e. about the payments
made to consultants in USA. The remittances to HOK for the purpose of making payments
to Consultants under the Agreement can also fall under Article 12(4) (b) as they
also render architectural services. However, since HOK is not the beneficiary
of the said payments and they are to be passed on to the consultant in USA for
the services rendered outside India such payments will not attract tax liability
under the Income-tax Act in India. But, it is made clear that the actual payments
made to the consultant can be verified by the department and, if any, adverse
material comes to light, appropriate steps according to law can be taken. On the
facts presented by the applicant, we must hold that the receipts by HOK on account
of consultancy fee payable to consultants in USA on actual basis will not give
rise to taxable income in India. So also, the payments made towards the other
reimbursable expenses cannot be considered to be income falling under Article
12. However, they are also subject to verification. 12. In the result, the
questions are answered as follows: Question No.1 This question is too general
in nature. However, it is answered by stating that the Agreement is to be viewed
as a whole and the three components of the contract (referred to in the question)
cannot be considered in water-tight compartments. Question No.2: The preface
to the question - "if the answer to question no. 1 is in the affirmative"
is deleted as it would be inappropriate. Paras (a), (b) and (c) of the question
no.2 are answered together as follows: The entire consideration receivable
by HOK from the applicant is liable to be taxed in India 'as fees for included
services' as per Article 12.4 of the Tax Treaty. However, as stated in para 11,
the amount payable as consultancy fees to the consultants in USA has to be excluded
while computing the chargeable income. As regards the payment of fees for technical
advisory services at the construction document stage, it cannot be considered
to be ancillary and subsidiary to the sale of property and, therefore, does not
get excluded from para 4 of Article 12 by virtue of clause (a) of Article 12.5
of Treaty. As regards payment for "additional services" to HOK, no view
is expressed as the details thereof are not available. The rate of 10 per cent
as per Section 115A(1)(b)(BB) is applicable in regard to the taxation of income
arising from fees for technical/included services as the said rate is less than
the rate specified in the Treaty. Question No.3: The question is answered
in the affirmative. The payment of amounts to the Architect - HOK by way of reimbursement
of expenses actually incurred by it does not constitute chargeable income and
withholding tax under section 195 is not necessary. Accordingly, ruling is
given and pronounced on this the 18th day of March 2010.
Policy
Circular No. 26/2009-14 Dated: 17th March 2010
Subject:
Import of Ships (Vessels) & other moveable capital goods etc. if imported
under SFIS Scheme of FTP and their installation, clarification thereof.
Attention
is invited to SFIS Scheme under the FTP 2004-09 & current FTP 2009-14. Trade
and Industry has represented that some Customs Authorities are seeking 'Installation
Certificate' from the ship owners, and since the import item is a Ship (a moveable
capital asset/good), there appears to be some confusion in the minds of Customs
Authority (Particularly at Mumbai Sea Ports & Kakinada Sea Port) in this regard,
on account of which Customs has stopped allowing use of SFIS for payment of duties
on import of ships by the service providers.
2.
The matter has been examined in detail. It is clarified that: The provision
relating to disallowing import of 'Vehicle' was introduced in FTP RE2006 (Updated
as on 7.4.2006) and applies to SFIS duty credits scrips issued on Foreign Exchange
earned during 2005-06 and thereafter, implying that there is no such stipulation
for SFIS duty credits scrips issued for Foreign Exchange earned prior to 2005-06
period under the FTP. The intention of this provision is to protect the domestic
sector industry of 'motor cars, sports utility vehicles and the likes' and thereby
disallows such imports only under SFIS Scheme. Ships cannot be treated as
'vehicle'. Hence, it is clarified that the import of Ships, a capital good for
Shipping Sector, is permitted under the scheme. Upon imports, Ships are registered
with the Director General of Shipping (or Mercantile Marine Board, as the case
may be) and only then these vessels are treated as 'Indian Flag vessels'. Ships
are moveable capital assets; hence these cannot be installed at one particular
location. Thus, the requirement of 'installation certificate' cannot be insisted
upon, for such moveable capital assets /goods. Customs Authorities are accordingly
not to insist on the 'installation certificate' for moveable capital assets /goods,
if imported under the SFIS scheme.
3.
This clarification regarding non-requirement of installation certificate shall
also apply to EPCG for Service Providers wherein import of moveable capital goods
is permitted.
This
issues with the approval of the DGFT.
Sd/- (A.
K. Singh) Joint Director General of Foreign Trade (Issued from File No:
01/91/180/1659/AM10/PC-3)
CUSTOMS CIRCULAR NO.5/2010-Cus. Dated: March 16, 2010
Sub:
Verification Mechanism and monitoring of export obligation under duty exemption
- reward Schemes reg.
I
am directed to invite your attention to the above-mentioned subject and to say
that, several references have been received, requesting the Board to put in place
a verification mechanism in respect of the duty credit scrips issued under Chapter
3 schemes of the Foreign Trade Policy (FTP) and in respect of the Export Promotion
Schemes viz. Advance Authorization / Duty Free Import Authorization (DFIA) / Export
Promotion Captial Goods (EPCG) schemes. 2.The matter has been examined by
the Board in the light of the conditions specified in the notifications regarding
monitoring of export obligation in respect of Advance Authorization / DFIA / EPCG
schemes. Board has also considered the reports received from the field formations,
which indicated discrepancies found having revenue implications during the verification
of the duty credit scrips, issued under Chapter 3 schemes of FTP. Accordingly,
it has been decided to put in place the following procedures:- a) In case
of EPCG scheme, the Jurisdictional Customs Authorities at the Port of Import shall
ensure that the installation certificates are submitted within 6 months of completion
of imports as stipulated in the corresponding customs notifications. The correctness
of the installation certificates, which are issued by the Chartered Engineers,
shall be verified on a random basis through Central Excise divisions. Further,
the EPCG notifications stipulate fulfilment of atleast 50% of export obligation
within the first block. This shall be verified in detail. In case the same is
found satisfactory, the Export Obligation Discharge Certificate issued by the
Director General of Foreign Trade (DGFT) at the end of 2 nd block may be accepted
without further verification unless there is a specific intelligence suggesting
need for detailed verification. b) In case of Advance Authorization scheme,
the E xport Obligation Discharge Certificate should normally be accepted unless
there is an intelligence suggesting misuse. c) The Jurisdictional Commissioner
of Customs may cause random verification for some of the authorizations issued
under EPCG / DFIA / Advance Authorization schemes registered at their port to
check the correctness of the address shown on the Authorization. This is important,
as the EPCG notification requires installation of the capital goods and the Advance
Authorisation scheme (and DFIA scheme in some cases) contemplates actual usage
of the imported goods. Such verification may be carried out during the validity
of the Authorisation and preferably through the Central Excise divisions. d)
Action to safegaurd customs revenue should be initiated in case the authorization
holder does not submit the Export Obligation Discharge Certificate within the
time period stipulated in the relevant Customs notifications. e) As regards
the duty credit scrips issued under Chapter 3 of FTP, the verification of genuineness
of scrips in terms of Para 3.11.3 of the HBP v.1 shall be done before allowing
registration of such scrips. Further, the Commissioner may cause random verification
of the shpping bills based on which the said duty credit scrip has been issued
to ascertain the genuiness of such shipping bills. A quarterly report on the outcome
of the said verification may be forwarded to the Board, which should include inter
alia the details of the discrepancies noticed during the verification and the
measures taken to redress such discrepancies. This procedure will be reviewed
once online transmission of the duty credti scrips issued under Chapter 3 of FTP
is operationalized. f) Wherever the Export Obligation Discharge Certificate
s issued by DGFT bear the requirement that the Customs department should carry
out verification, then such verification should be done. In all cases EPCG,
Advance Authorization, DFIA and Reward Schemes, the Department would retain the
right to carry out a complete verification wherever there is specific intelligence
available suggesting misuse. 3. The notifications issued under EPCG / Advance
Authorization / DFIA schemes provide that the exporter should discharge the export
obligation within the specified time period or within such extended period as
may be permitted. Further, the notifications issued under EPCG scheme stipulates
that in case of non-fulfillment of block-wise export obligation, the importer
should pay the proportional duty of unfulfilled portion of export obligation along
with specified interest from the date of clearance of the goods and such payment
should be made within 3 months from the expiry of said block. Monitoring of export
obligation is an integral part of verification mechanism. This would facilitate
faster redemption of Bonds / Bank Guarantee executed under the above schemes.
In view of above, the Jurisdictional Commissioners of Customs are directed to
put suitable systems in place to initiate timely action in all cases of default.
4. The guidelines issued in the past on the subject shall be modified to the
above extent. 5. These instructions may be brought to the notice of the trade
/ exporters by issuing suitable Trade / Public Notices. Suitable Standing orders/instructions
may be issued for the guidance of the assessing officers. Difficulties faced,
if any, in implementation of the Circular may please be brought to the notice
of the Board at an early date. Receipt of this Circular may kindly be acknowledged.
F.NO.605/16/2007-DBK (Pt.)
(P.V.K.
Rajasekhar) OSD (Drawback)
Tariff
Value for import of Brass Scrap is 3801 and for poppy seeds 4256 Central Board
of Excise and Customs (CBEC), Department of Revenue has issued Notification No.20/2010-Customs
(N.T.) dated March 15, 2010 notifying tariff values of edible oils, brass scrap
(all grades) and Poppy seeds as shown in the table below.
CUSTOMS
NOTIFICATION NO.33/2010 - Cus Dated: March 12, 2010 Amends Notification
21/2002 - Customs, dated 1st March 2002
In
exercise of the powers conferred by sub-section (1) of section 25 of the Customs
Act, 1962 (52 of 1962), the Central Government, on being satisfied that it is
necessary in the public interest so to do, hereby makes the following further
amendments in the notification of the Government of India in the Ministry of Finance
(Department of Revenue), No. 21/2002-Customs, dated the 1 st March, 2002 which
was published in the Gazette of India, Extraordinary, vide number G.S.R.118 (E),
dated the 1 st March, 2002, namely:- In the said notification, in the Table,-
(i) for S. No 3 and the entries relating thereto, the following shall be substituted,
namely:- S. No. Chapter or Heading No. or sub-heading No. Description of goods
Standard rate Additional duty rate Condition No. (1) (2) (3) (4) (5) (6) "
3. 0402 10 or 0402 21 00 Goods upto an aggregate of thirty thousand metric tonnes
of total imports of such goods in a financial year.
(ii) after S.No. 3AA and the entries relating thereto, the following S.No. and
the entries shall be inserted, namely:- S. No. Chapter or Heading No. or sub-heading
No. Description of goods Standard rate Additional duty rate Condition No. (1)
(2) (3) (4) (5) (6) " 3AB. 0405 White Butter, Butter oil, Anhydrous Milk
Fat upto an aggregate of fifteen thousand metric tonnes of total imports of such
goods in a financial year.
[F.No.354/20/2010-TRU]
(Prashant
Kumar) Under Secretary to the Government of India
Note:
The principal notification No.21/2002-Customs, dated the 1 st March, 2002 was
published in the Gazette of India, Extraordinary, vide number G.S.R. 118(E), dated
the 1 st March, 2002 and was last amended vide notification No. 21/2010-Customs,
dated the 27 th February, 2010 published vide number G.S.R.134(E), dated the 27
th February, 2010.
CUSTOMS
NOTIFICATION NO.32/2010 - Cus Dated: March 11, 2010 Amends Notification
36/96 - Customs, dated the 23rd July, 1996
In
exercise of the powers conferred by sub-section (1) of section 25 of the Customs
Act, 1962 (52 of 1962), the Central Government, being satisfied that it is necessary
in the public interest so to do, hereby makes the following further amendments,
in the notification of the Government of India in the Ministry of Finance (Department
of Revenue), No.39/96-Customs, dated the 23rd July, 1996, G.S.R. 291(E), dated
the 23 rd July, 1996, namely:-
In
the said notification, in the TABLE, against S.No.18, in column (3), - 1.
for the words and letters "duly certified by the Senior Manager" the
words and letters "duly certified by the Senior Manager or the Assistant
Director" shall be substituted. 2. in the Explanation , for the words,
letters and figures, "the 28 th day of March 2010", the words, letters
and figures, "the 1 st day of January, 2019" shall be substituted.
[F.
No. 354/76/2006-TRU]
(Prashant
Kumar) Under Secretary to the Government of India
Note:-
The principal notification No.39/96-Customs dated the 23rd July, 1996 was published
in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (i) vide
number G.S.R. 291 (E), dated the 23rd July,1996 and last amended vide notification
No.54/2009-Customs dated the 22 nd May, 2009 , published vide number G.S.R. 355(E),
dated the 22 nd May, 2009
Instruction
No. 48
Dated
10th March 2010
Sub:
Employment of washing process in the manufacture of agglomerates etc from imported
plastic waste and scrap -reg.
I am directed to refer to your letter No. KASEZ/IA-1690/97/Vol.,I dated 24.11.2009
and letter No.KASEZ/IA/G-64/98/Vol.I dated 22.02.2010 on the above subject and
to say that the views of the Department are as follows.
The imported scrap is tested to meet the eligibility requirements. Hence, washing
process has no bearing on the eligibility of scrap and unit can use such processes
to remove impurities which may get added to the scrap during its collection and
transportation and washing is a permissible activity. However, the washing process
must meet the State Pollution Control Board's standards.
Yours
faithfully,
Sd/- (T
Srinidhi) Director
F.No.C-6/10/2009-SEZ
Government
of India Ministry of Commerce & Industry Department of Commerce Udyog
Bhawan, New DelhiCOPY OF-
Section
35A(3) of the Central Excise Act, 1944 / Section 128A(3) of the Customs Act, 1962
as it existed before 11.5.2001 provided that Commissioner (Appeals) shall, after
making such further enquiry as may be necessary, pass such order, as he thinks
just and proper, confirming, modifying or annulling decision or order appealed
against or may refer the case back to the adjudicating authority with such direction
as he may think fit for a fresh adjudication or decision as the case may be, after
taking additional evidence, if necessary.
2. An amendment was brought
out in the aforesaid sections vide Finance Act, 2001 w.e.f. 11.5.2001 deleting
the phrase as mentioned in bold above with an intention to withdraw the powers
to Commissioner (Appeals) to remand the cases for fresh adjudication to the original
adjudication authorities. After the amendment in 2001, the said Sections read
as follows:-
The Commissioner (Appeals) shall, after making
such further enquiry as may be necessary, pass such order, as he thinks just and
proper, confirming, modifying or annulling the decision or order appealed against.
3.
The matter whether the Commissioner (Appeals) continues to have powers to remand
beyond 11.5.2001 came up before the Gujarat High Court in the case of M/s. Medico
Lab. The Honble High Court of Gujarat, vide order dated21.9.2004 in the
case of CCE, Ahmedabad-I Vs. Medico Lab, held that Commissioner(Appeals) continues
to have the power to remand even after the amendment.
4. Honble
Punjab & Haryana High Court in the case of CC, Amritsar Vs. M/s. Enkay (India)
Rubber Co. Pvt. Ltd. vide order dated 8.3.2007 and in the case of CCE, Jallandhar
Vs. B.C. Kataria [2008(221) ELT.508 P&H] vide order dated 6.9.2007 had held
that the Commissioner (Appeals) have been divested of the powers to remand the
cases back to adjudicating authority after deletion of that power from Section
35A(3) of Central Excise Act vide amendment made in 2001. Honble High Court
has distinguished the judgement of the Gujarat High Court in the case of Medico
Labs in this case and also stated that the reliance on the Honble Supreme
Court judgement in the case of Umesh Dhaimonde (1998(98) ELT 584 ) cannot be made
as in that case Honble Supreme Court was not dealing with the provisions
where earlier power of remand was specifically conferred and subsequently taken
away by amendment carried by Finance Act, 2001.
5. The Honble
Supreme Court in its judgement-dated 1.3.2007 in Civil Appeal No. 6988/2005 in
the case of MIL India Ltd. [2007(210) ELT.188 (SC)] has observed that in
fact, the power of remand by the Commissioner (Appeals) has been taken away by
amending Section 35A with effect from 11.5.2001 under the Finance Bill, 2001.
Under the Notes to clause 122 of the said Bill it is stated that clause 122 seeks
to amend Section 35A so as to withdraw the power of the Commissioner (A) to remand
matters back to the adjudicating authority for fresh consideration. The
said decision of the Supreme Court was brought to the notice of CESTAT in the
case of CCE, Jallandhar Vs. Hawkins Cookers Ltd. reported in 2007(8)RLT.7, but
the Tribunal held that the Supreme Court in the said case had only noted the provisions
of amended law whereas the specific issue whether Commissioner (A) has power to
remand after amendment to provisions of Section 35A has been considered by the
Honble Gujarat High Court in the case of Medico Lab and the High Court has
held that the Commissioner (A) has power to remand under the amended provisions
also. The appeal (CEA No.29/2008) filed by the Commissioner of Central Excise,
Jallandhar against the said order in the Hawkins Cookers case stating that the
said observations as quoted above are part of the ratio decidendi of the decision
of the Honble Supreme Court, has been allowed by the Punjab & Haryana
High Court vide order dated 14.7.2008 relying upon its own judgement in the case
of CCE, Jallandhar Vs. B.C. Kataria [2008(221) ELT.508].
6. In the
light of the observations of Honble Supreme Court in the case of MIL India
Ltd. and the judgement of Honble High Court of Punjab & Haryana in the
case of M/s. Enkay (India) Rubber Co. Pvt. Ltd., M/s. B.C. Kataria and M/s. Hawkins
Cookers Ltd., you are requested to issue suitable instructions to the Commissioners
(A) working under your jurisdiction to follow the said judgments strictly. It
may also be brought to their notice that Honble Supreme Court in the case
of MIL India Ltd., while noting that the powers of remand had been taken away,
has also categorically stated that the Commissioner (A) continues to exercise
the power of adjudicating authority in the matter of assessment and the Commissioner
(A) can add or subtract certain items from the order of assessment made by the
adjudicating authority and the order of Commissioner (A) could also be treated
as an order of assessment. Board instructions dated 25.7.2008 (copy Given BELOW)
may be referred in this regard.
7. The receipt of this instruction
may please be acknowledged. A copy of the instruction issued to the Commissioners(Appeals)
under your jurisdiction may also be endorsed to the Board. The issue may also
be monitored at your level. F.No. 275/34/2006-CX.8A -------------------
Procedure
in Appeal under Sec. 35A of the Central Excise Act/Section 128A of Customs Act/Sec.
85 of the Finance Act, 1994 - reg. Instruction F.No. 275/34/2006-CX.8A, dated
25-7-2008
Section 35A of the Central Excise Act, 1994 prescribes
the procedure in appeal to be followed by Commissioner (Appeals) while deciding
the appeals filed before him under Section 35/35E of the Central Excise Act 1944.
Similar provisions exist under Section 128A of the Customs Act, 1962 and Section
85 of the Finance Act, 1994.
2. Sub-Section (3) of the Section 35A
of Central Excise Act, 1994 reads as follows-
The Commissioners(Appeals)
shall, after making such further enquiry as may be necessary, pass such order,
as he thinks just and proper, confirming, modifying or annulling the decision
or order appealed against;
3. The Board has noted that Commissioner
(Appeals) do not resort to the mechanism of further enquiry as provided to them
under the appeal procedure as above in such cases where it may be necessary before
passing the order. Sub-Rule 4 of Rule 5 of Central Excise (Appeals) Rules, 2001
provides that nothing contained in said rule shall affect the power of the Commissioner
(Appeals) to direct the production of any document, or the examination of any
witness to enable him dispose of the appeal.
4. In the light of the
provisions as contained in the statute and the rules made there under, I am directed
to request you to advise Commissioners (Appeals) working in your jurisdiction
to resort to enquiry in such appeals as may be necessary in the facts and circumstances
of the case before passing a just and fair order in accordance with the provisions
of the Act.
F.No. 275/34/2006-CX.8A,
COPY
OF- SERVICE TAX NOTIFICATION NO.18/2010 - Service Tax Dated: March
2, 2010
CORRIGENDUM
In
the notification of the Government of India in the Ministry of Finance (Department
of Revenue), No. 17/2010-Service Tax, dated the 27th February, 2010 published
in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide
number G.S.R. 161 (E), dated the 27th February, 2010, at page 159, in line 28,
for the buyer, read him. F. No. 334/1/2010-TRU
(Limatula
Yaden) Deputy Secretary to the Government of India
PUBLIC
NOTICE NO.48/2009-2014 Dated: March 5, 2010 Subject: Indo - China Border
Trade.
In
exercise of powers conferred under paragraph 2.4 of the Foreign Trade Policy,
2009-14, the Director General of Foreign Trade hereby makes the following amendments
in the Public Notice No. 20(RE-2006)/2004-2009 dated 13 th June, 2006. 1.
The existing part of paragraph 1 i.e. "In terms of the provisions contained
in the Foreign Trade Policy, import/export of the following locally produced commodities
by the people living along both sides of Indo - China Border as per the prevailing
customary practice will be allowed freely" is amended to read as" In
terms of the provision contained in the Foreign Trade Policy, Import/Export of
the following commodities by residents of border districts who are issued trade
passes, as per the prevailing customary practice will be allowed freely".
2. The list of items stipulated for import/export and Paragraphs 2 & 3
of the Public Notice No. 20(RE-2006)/2004-2009 dated 13 th June, 2006 remain unaltered.
3. This issues in public interest. F.No . 01/89/180/Misc-57/AM-06/PC-
I( A)
(R.
S. Gujral ) Director General of Foreign Trade and Ex-officio Special Secretary
to the Government of India
ORDER
OF CLARIFICATION MADE BY SHRI RAMENDRA JAKHU, FINANCIAL COMMISSIONER &
PRINCIPAL SECRETARY, GOVERNMENET OF HARYANA, EXCISE AND TAXATION DEPARTMENT,
UNDER SECTION 56(3) OF THE HARYANA VALUE ADDED TAX ACT, 2003
Queriest:
M/s Haryana State Small Scale (R.I.), Dressing Manufacturing Association, Rohtak
M/s Haryana State Small Scale (R.I.), Dressing Manufacturing Association,
Rohtak is a body of dealers and have applied under Section 56(3) of the Haryana
VAT Act for clarification as to the rate of tax leviable under Haryana VAT Act
on Handloom Bandage, Non-sterilized and un-medicated. The applicant has relied
on judgment delivered by Sales Tax Tribunal Hayana in STA No.263 of 1972-73 and
orders passed by Jt. ETC(Appeals), particulars of which have not been furnished.
Plea of the applicant is that Handloom Bandage, non-sterilized and unmediated
are tax free goods being covered under Schedule 'B' of the Haryana VAT Act, 2003.
Judgment relied by the applicant has been delivered under the provisions of Punjab
General Sales Tax Act, 1948 which was applicable in those times. As to the merits
of the case, Non-sterilized and un-medicated handloom bandages are specified goods
which are meant for application in specified areas viz for the purposed dressing
and hence are not covered under relevant entry of Schedule 'B' viz entry 51 of
the Haryana VAT Act which provides for exemption of VAT on all varieties of cotton,
woolen or silken textiles including rayon, artificial silk or nylon but not including
such carpets, druggets, woolen durees, cotton floor durrees, rugs and all varieties
of dryer felts on which additional Excise Duty in lieu of sales tax is not levied.
Moreover, as per Central Excise Tariff of India bandages are covered under tariff
item 3005 9040 of chapter 30 pertaining to Pharmaceutical Products viz Wadding,
gauze, bandages and similar articles (for example, dressings, adhesive plasters,
poultices), impregnated or coated with pharmaceutical substances or put up in
forms or packings for retail sale for medical, surgical, dental or veterinary
purposes. From the description of goods given in the aforesaid tariff item it
is more than clear that the even non-sterilized and un-medicated bandages put
up in forms or packings for retail sale for medical or surgical purposes are covered
under the pharmaceutical products and hence attract VAT at the rate leviable on
pharmaceutical products. Further, Dressings are included in entry 25 of Schedule
'C' which includes Bulk drugs, drugs, medicines, vaccines, medicated ointments
produced under drug licence, light liquid paraffin of IP grade, syringes, dressings,
glucose-D, oral re-hydration salt, medical equipments/devises and implants. It
is not necessary that dressings should be sterilized and medicated to be covered
under the aforesaid entry. Hence VAT on handloom bandages non-sterilized and un-mediated
is leviable @4% being covered under entry 25 of Schedule 'C' of the Haryana VAT
Act. Matter is clarified accordingly.
Chandigarh
Dated: 18.01.10
(RAMENDRA
JAKHU) Financial Commissioner & Principal Secretary to Govt. Haryana,
Excise & Taxation Department
Issued
vide letter no.93-94,Dated 29/1/2010
ORDER
OF CLARIFICATION MADE BY SHRI RAMENDRA JAKHU, FINANCIAL COMMISSIONER &
PRINCIPAL SECRETARY, GOVERNMENET OF HARYANA, EXCISE AND TAXATION DEPARTMENT,
UNDER SECTION 56(3) OF THE HARYANA VALUE ADDED TAX ACT, 2003
Queriest:
Clarification under section 56(3) of the Haryana VAT Act - M/s S.R. Foils and
Tissue Ltd. Plot No.02 Kadipur, Industrial
Gurgaon
TIN No.06561930432. M/s S.R. Foils and Tissue Ltd., Plot No.02 Kadipur, Industrial
Area Gurgaon holding TIN No.06561930432, the querist is a dealer registered under
Haryana VAT Act. The applicant has sought clarification under section 56(3) of
the Haryana VAT act as to i) whether tissue papers and its forms namely, tissue
paper, napkin, toilet paper rolls, facial tissues and kitchen wipes are covered
under entry 57 of Schedule 'C' appended to Haryana VAT Act and ii) VAT rate applicable
on these goods. In the statement of relevant facts having bearing on the aforesaid
question, the applicant has explained that he is engaged in business of manufacture
and sale interalia of tissue paper and its various kinds and is supplying its
products to retailers such as big bazaar etc. The applicant has explained the
elaborate process of manufacture of these products. In the statement containing
the applicant's interpretation of law and facts the applicant has explained that
the aforesaid products manufactured and sold by him are covered under entry 57
of Schedule 'C' and hence attract VAT @ 4%. The applicant has further explained
that entry in the statue should be given widest amplitude and that entry 57 of
Schedule 'C' viz paper, paper board and news print includes paper in all its forms.
The applicant has further relied on judgement delivered by the Apex Court and
various High Courts in support of his contention and has specified relied on judgement
delivered by the Hon'ble Supreme Court in case of Commissioner of Central Excise-I,
New Delhi V/s S.R. Tissues Pvt. Ltd. and another 2005 (186) ELT 385 SC wherein,
as per the contention of the applicant the issue has been settled in favour of
the appellant. The matter has been examined. Entry 57 of the Schedule 'C'
appended to Haryana VAT Act includes "paper, paper board and news print".
From the entry itself it is clear that the entry speaks of a board generic
terms paper, and paper board. The entry does'nt convey any sense as to the use
and application of such papers. Papers covered under this entry may be craft paper,
news print paper etc. However, the products manufactured and sold by the applicant
viz tissue paper, napkins, toilet paper rolls, kitchen wipes and facial tissues
are specific product meant for specific purpose. If paper and paper boards are
genus, tissue paper, napkin, toilet paper rolls, facial tissues and kitchen wipes
are specie of this genus. Further, in chapter 48 of the Central Excise Teriff
of India pertaining to paper and paper boards etc. toilet paper and similar paper,
cellulose wadding or webs of cellulose fibres of a kind use for house hold or
sanitary purposes find separate mention under Tariff items No.4818 of chapter
48. As to the Supreme Court judgement in case of S.R. Tissues Pvt. Ltd. and
another 2005(186)ELT 385 SC relied by the applicant, the point in issue in the
said judgment was as to whether the process of slitting/cutting of jumbo rolls
of plain tissue paper/aluminum file into similar size will amount to manufacture
or not and in para 26 of the judgment in the case was remitted back to the Commissioner
to ascertain whether the assessee had the requisite infrastructure, facility,
machine etc. for manufacturing fragmented and wet tissue and, if so whether the
process amounts to manufacture. Thus entry 57 of Schedule 'C' includes paper
and paper board or news print in raw form, viz inputs for manufacture of specified
products and tissue papers and its forms namely tissue paper, napkin, toilet paper
rolls, kitchen wipes and facial tissues which are made from a class of papers
of characteristic gauzy texture, in some cases fairly transparent, light weighted
and subjected to fumigation and scenting, are not covered under the aforesaid
entry and hence attract VAT @12.5% being unclassified goods. Matter is clarified
accordingly.
Chandigarh
Dated: 18.01.10
(RAMENDRA
JAKHU) Financial Commissioner & Principal Secretary to Govt. Haryana,
Excise & Taxation Department
Issued
Vide letter No. 89-91/ST-1,Dated 29-01-2010
Under
COTP Act, 2003 excise department is empowered to enter, search and seizure only
at the premises registered under the Central Excise and Customs
Circular
No. 918/08/2010-CX F.No.267/50/2007-CX8, New Delhi, dated the
4th March, 2010. Subject: Implementation of the provisions of COTP Act, 2003
and The Cigarettes and Other Tobacco Products (Packaging and Labelling) Rules,
2008- Empowering the Customs & Central Excise Officers regarding
Please refer to the Boards Circular No. 896/16/2009-CX dated 01.09.2009,
issued on the above referred subject matter. Ministry of Health & Family Welfare
has amended the Notification dated 30.07.2009 [S.O.1866 (E)] vide Notification
dated 06.01.10 [S.O.23 (E)] (copy enclosed). The effect of the Notification is
that the officers at the level of Superintendents and above of the Customs &
Central Excise department are empowered for entry, search and seizure only at
the premises registered under the Central Excise & Customs. Therefore, officers
are not empowered to enter, search etc. for premises which are not registered
with the department for carrying out any act under the COTP Act, 2003. 2. Trade
& Industry as well as field formations may be suitably informed. 3. Receipt
of this circular may kindly be acknowledged. 4. Hindi version will follow. Yours
faithfully, (AmishKumarGupta) OSD (CX-8).
Exempts
domestically developed packaged or canned software for single use and packaged
accordingly from whole of Service Tax.
3/2010-ST
dated 27.02.2010
Amends
Notification No.24/2004-ST dated 10.09.2004. the definition of vocational training
institute has been amended so as to covered only ITI or Industrial Training Centres
affiliated to National Council for vocational trainee.
4/2010-ST
dated 27.02.2010
Amends
Notification No.33/2004-ST dated 03.12.2004. exempts services provided by DTA
in relation to food grains or pulses.
5/2010-ST
dated 27.02.2010
Resinds
Notification No.1/2000-ST dated 09.02.2000 (Notification No.01/00 exempts taxable
services provided by Government of Rajasthan under group personal accidents scheme.
6/2010-ST
dated 27.02.2010
Amends
certain provisions of exports of services rules notified under Notification No.09/2005-ST
dated 03.03.2005.
7/2010-ST
dated 27.02.2010
Resins
Notification No.33/2009-ST dated 01.09.2009 (Notification No.33/2009-ST exempts
taxable services provided by any person in relation to transport of goods by Rail.
This Notification will come in to effect from 01.04.2010.
8/2010-ST
dated 27.02.2010
Exempts
services provided in relation to transport of goods by rail in respect of certain
specified goods.
9/2010-ST
dated 27.02.2010
Amends
Notification No.1/2006-ST dated 01.03.2006 so as to Provides abatement of 70%
in relation to transport of goods by rail services.
10/2010-ST
dated 27.02.2010
Exempts
taxable services provided by a Central or State seed testing laboratory and Central
or State Seed Certification Agency.
11/2010-ST
dated 27.02.2010
Exempts
Services provided in relation to transmission of electricity
12/2010-ST
dated 27.02.2010
Exempts
erection commissioning or installation services provided in relation to grain
handling system cold storage units processing Agricultural, apiary, horticultural,
dairy, poultry, aquatic and marine products and meat.
13/2010-ST
dated 27.02.2010
Exempts
services provided by News Agencies.
14/2010-ST
dated 27.02.2010
Amends
Notification No.1/2002-ST dated 01.03.2002. Extends provisions of Service Tax
to continental shelf and EEZ of India for insulation construction of structures
and vessels prospecting extraction or production of mineral oil natural gas and
supply thereof only.
15/2010-ST
dated 27.02.2010
Amends
Service Tax Valuation Rules so as to excludes taxes levied by Government on any
passenger travelling by air.
16/2010-ST
dated 27.02.2010
Amends
certain provisions of import of service rules notified under Notification No.11/2006-ST
dated 09.11.2006.
17/2010-ST
dated 27.10.2010
Exempts
imported packaged or canned software for single use and packaged accordingly from
whole of Service Tax.
Central
Excise Tariff Notifications
CE
Notification No.
3/2010-CE
dated 27.02.2010
Exempts
certain goods manufactured by Government of India mints. Earlier all goods manufactured
by mints for exempted
4/2010-CE
dated 27.02.2010
SSI
Exemption Notification No.8/2003-CE amends - bar of brand name not to apply
to plastic containers and plastic bottles meant for use as packing material by
the brand name owner.
5/2010-CE
dated 27.02.2010
8%
duty enhanced to 10% duty on gold jewellery increased to Rs.500/- per 10 grams
amends Notification No.23/2003-CE.
6/2010-CE
dated 27.02.2010
Amends
Notification 29/2004-CE and 2/2008-CE. Rate enhanced from 8% to 10%. Commodities
covered Textiles, Motor Vehicles ( 10% + Rs.10000/-),
7/2010-CE
dated 27.02.2010
Amends
Notification No. 3/2005 CE dt. 24.02.2005. Omitted Sl. No.79- Umbrella Cloth panels
which was subject to Nil duty.
8/2010-CE
dated 27.02.2010
Amends
Notification No. 6/2005 CE dt.1.03.2005. Cigars and Cigarillas effective rate
of additional duty increased from 1.6% to 1.06% or Rs.246/- per 1000 whichever
is higher. Other tobacco products deleted from the list.
9/2010-CE
dated 27.02.2010
Amends
Notification No.3/2006 dt.1.03.2006.
Duty
on Tapioca and Maize starch increased from Nil to 4%. Betel Nut Supari to attract
Nil duty. Duty on Pan masala, Huhookah Tobacco , other smoking tobacco other manufactured
tobacco, increased from 8% to 10%
10/2010-CE
dated 27.02.2010
Amends
Notification No. 4/2006 dt.1.03.2006.
Duty on Cement increased. AV gas
to attract 4% instead of Nil. Increase of duty by Rs.1 on Motor Spirit and diesel.
Increase
of duty from 8% to 10% on goods- gold potassium cyanide, catalyst of precious
metals, Mono ethylene glycol. PTA, DMT, Acrylonitrile, Benzene, Caprolactam, Writing
Ink, Matches, Polyester/Nylon chips, Rubber Tension tape, fur skins, sheets for
veneer, pre-laminated fibre board, ply wood, flush doors,
Duty
at 10% imposed on clinical diapers, sanitary napkins ( these goods attracted a
tariff rate of Nil duty earlier, which has now been enhanced to 16% with an effective
rate of 10% )
Duty
reduced from 8% to 4% on- latex rubber thread, corrugated cartons Exemption
from total duty given to Security Ink for govt. Security Presses, certain Menthol
products, toy balloons,
11/2010-CE
dated 27.02.2010
Amends
5/2006CE dt/1.03.2006.
Duty
enhanced from 8% to 10% on certain textile goods, goods containing more than 25%
of fly ash, glazed tiles, glass ware.
Parts
of Umbrellas to attract duty at 4%. Gold bars manufactured ore to attract duty
at Rs.280/- per 10gms
12/2010-CE
dated 27.02.2010
Amends
Notification No. 6/2006 dt.1.03.2006.
Plantation
Sector equipment exempted from duty from 27/02/2010 to 31.03.2011. Electrically
operated vehicles to attract 4% duty and parts to attract 4% till 31.03.2011.
Full Exemption from duty for cold storage of agricultural produce has been extended
to apiary, horticultural, diary, poultry, aquatic and marine produce and meat.
Replaceable kits of water filters to attract 4%. Floppy drive, hard disc drive,
CD Rom drive, DVD drive, combo drive, meant for external use with a computer to
attract 4% (earlier these goods were attracting Nil rate. These goods when used
inside a CPU will continue to attract Nil rates. Parts, components of battery
chargers and hand free head phones of mobile phones are also to be fully exempted
along with parts and components mobile phones. Self loading or self unloading
trailers for agricultural purposes fully exempted. All spectacles exempted. Glucometer
and test strips to attract 4% from Nil rate. Goods supplied mega power projects
exempted from customs duty will also be exempted from excise duty. Duty enhanced
from 8% to 10% on computers, electronic milk fat tester, MP3 player, packaged
software, certain categories of motor vehicles ( for certain categories of motor
vehicles where the present duty rate is 20% it will now be 22% ), brooms and brushes,
slide fasteners.
13/2010-CE
dated 27.02.2010
Amends
notification No. 10/2006CE dt.1.03.2006.
Duty
enhanced from 8% to 10% on articles of wood, registers, account books,
receipt books, letter pads, paper labels, articles of mica, soled or hollow building
blocks.
14/2010-CE
dated 27.02.2010
Amends
notification No. 49/2006CE dt.30.12.2006.
Duty
on Software increased from 8% to 10%
15/2010-CE
dated 27.02.2010
New
Notification. Exempts from whole of duty on all items of machinery and components
for initial setting of solar power generation project or facility.
16/2010-CE
dated 27.02.2010
New
Notification. Notification to come into effect from 08.03.2010.
Compounded
levy scheme for unmanufactured tobacco and chewing tobacco in pouches.
Condition
of commercial use for exemption of the value of consideration for right to use
the software is omitted. ( this is done in tune with amendments made in service
tax and similar amendments made in customs for IT services )
18/2010-CE
dated 27.02.2010
New
Notification. Cigarettes to attract a duty of Rs.509/- for 1000 .
Central
Excise NON-Tariff Notifications
Notification
Notification
No. 5/2010 CE (NT) dt.27.02.2010
Amends
Central Excise Rules. SSI units can pay duty on quarterly basis but returns
to be filed within 10 days of closure quarter ( earlier 20 days after the end
of quarter )
Notification
No.6/2010 CE(NT) dt.27.02.2010
Amends
Cenvat Credit Rules, 2004. Removal of capital goods as such- computers allowed
a depreciation of 10% in the first year, 8% in the second year, 5% in the 3rd
year and 1% in 4th and 5th year for every quarter. For other goods it remains
at 2.5% for each quarter. SSI units can take full credit of duty paid on capital
goods in the same financial year. Credit to be allowed in respect of jigs, moulds,
fixtures and dies sent to another manufacturer (earlier it was limited a job worker).
Rule
15 of CCR has been amended providing for confiscation and mandatory penalty in
respect of irregular availment of input service credit.
Notification
No.7/2010CE(NT) dt.27.02.2010
Amends
notification no 5/2006 CE (NT) dt.14.03.2006. Form for claiming refund has been
amended to align the definition of input service and input in tune with the Cenvat
Credit Rules, 2004 and Boards Circular 120/2010-ST dt.19.01.2010 Form prescribed
in the Boards Circular has now been included in the notification. However,
rule 5 of CCR still need to be amended to give effect to the amendments.
Notifcation
No.8/2010CE(NT) dt.27.02.2010
Pan
Masala Packing Machines (capacity determination and collection of duty) Rules,
2008 have been amended.
Notifcation
No.9/2010CE(NT) dt.27.02.2010
Fixes
30% abatement for parts and components of assemblies of motor vehicles under MRP
assessment and changes the abatement to 55% for Pan Masala and tobacco products.
Notifcation
No.10/2010CE(NT) dt.27.02.2010
Unmanufactured
tobacco and chewing tobacco packed in pouches notified for compounded levy.
Notifcation
No.11/2010CE(NT) dt.27.02.2010
Chewing
tobacco and un-manufactured tobacco packing machine (capacity determination and
collection of duty) rules, 2008 have been notified.
Customs
Tariff Notifications
Notification
No.
15/2010-CUS
27.02.2010
Amended
the Project Import Regulations, 1986 to the extent of Sr.No.3E after the
entry Name of the Plant or Project, two more entries viz., (a) Digital
cinema development projects and (b) Digital head end project were included.
Three
entries were added, viz., 3F. Monorail projects for urban public transport, 3G.
Project for installation of mechanized food grain handling systems and pallet
packing systems in mandis and warehouses for food grains and sugar, and 3H. Cold
storage, cold room (including farm level pre-cooling) or industrial projects for
preservation, storage or processing of agricultural, apiary, horticultural, dairy,
poultry, acquatic and marine produce and meat
16/2010-CUS
27.02.2010
Amended
the notification No.154/1994-Customs, dated 13.07.1994, to extent of S.No.3 in
column (3) of the Table against condition (iv) the threshold limit of import
of commercial samples has been increased to Rs.3,00,000/- as against existing
limit of Rs.1,00,000/-
17/2010-CUS
27.02.2010
Amends
notification No.172/1994-Cus dated 30.09.1994 to the extent of effective
rate of duty for silver including ornaments when imported by a passenger has been
enhanced from existing Rs.1000 per kilogram to Rs.1500/-per kilogram.
Amends
notification No.31/2003-Cus dated 01.03.2003 to the extent of effective
rate of duty for Gold including ornaments when imported by a passenger ,as follows
1. For Gold bars other than tola bars, bearing manufacturers or refiners
engraved serial number and weight expressed in metric units, and gold coins
the rate of duty is enhanced from existing Rs.200 per 10 gms to Rs.300 per 10
gms. 2. For Gold in any form other than at (i) above, including tola bars
and ornaments, but excluding ornaments studded with stones or pearls - the rate
of duty is enhanced from existing Rs.500 per 10 gms to Rs.750/- per 10 gms
Amends
notification No.64/2004-Cus dated 12.05.2004 to the extent of effective
rate of duty for Gold & silver when imported other than through post, courier
or baggage, as follows -
1. For Gold bars otherthan tola bars, bearing manufacturers or refiners
engraved serial number and weight expressed in metric units, and gold coins
the rate of duty is enhanced from existing Rs.200 per 10 gms to Rs.300 per 10
gms. 2. For Gold in any form other than at (i) above, including liquid gold
and tola bars - the rate of duty is enhanced from existing Rs.500 per 10 gms to
Rs.750/- per 10 gms 3. Silver in any form the rate of duty is enhanced
from existing Rs.1000/- per kg to Rs.1500/- per kg.
18/2010-CUS
Withdraws
the existing exemption available to exposed and developed cinematographic film
by rescinding notification No.33/2003-Cus dated 01.03.2003.
Withdraws
the existing exemption from levy of additional duty to parts, components and accessories
of mobile handsets including mobile cellular phones by rescinding notification
No.39/2005-Cus dated 02.05.2005 than through post, courier or baggage, as follows
-
Withdraws
the existing exemption from levy of CVD on parts, components and accessories of
mobile handsets including cellular phones upto 06.07.2010, by rescinding notification
No.79/2009-Cus dated 07.07.2009
19/2010-CUS
In
addition to existing 37 specified projects, 4 more projects were included for
the purpose of assessment under the heading 98.01, viz.,
38.
Monorail projects for urban public transport.
39.
Digital headed projects.
40.
Projects for the installation of mechanized food grain handling systems and pallet
racking systems in mandis and warehouses for food grains and sugar.
41.Cold
storage, cold room (including for farm level pre-cooling) or industrial projects
for preservation, storage or processing of agricultural, apiary, horticultural,
dairy, poultry, aquatic and marine produce and meat.
20/2010-CUS
Makes
additions to existing list of Exemptions on Concessional rate of duty on goods
imported for the manufacture of excisable goods by making amendment to
Notification No.25/1999-Customs dated 28.02.1999, as follows
S.No.79
for the entry in column (2) in addition to existing entry 71, entries
7220 12 90 or 7409 11 00 or 7409 90 00 were added.
(b)
in column No.(3), after the existing entries Silver bronze strips/coils;
Copper strips/coils/sheets; Copper nickel alloy or other alloys of copper in strip/coil/sheets;
Stainless steel strips were included.
Against
S.No.225, one more entry 3824 90 21 has been added to the list of
existing entries. In description of goods, in place of existing (iii) Palladium
Addotove, words palladium Additives were included. In place of (iv)
Palladium replenisher, Palladium electroplating salt were included.
In S.No.234 , 4 more entries were added to the existing list of (x) making total
(xiv) entries, viz. (xi) Boric acid, (xii) Mono ethylene glycol (xiii) Marking
foil/stamping foil (xiv) Liquid paraffin.
One
more Sr. No. in the list has been added after existing S.No.234 Against
New Sl.No.235, three entries were added, viz., (i) Plastic powder PBT (Poly brominated
Terephthalate) (ii) PCT (Poly chlorinated tephenyls) and (iii) Stanyl
21/2010-CUS
Makes amendments to the Notification No.21/2002-Cus dated 01.03.2002, by adding
additional Sl.Nos., 17A, 26A142A, 142B, 142C, 345A, 357A, 357B, 518A, 592, 593,
594, 595, 596, 597,598, 599, 600, 601, 602, 603. Makes additional conditions with
sl.nos.107 & 108. Rate of duty in respect of certain entries has also been
chaged.
22/2010-CUS
Exemption
to capital goods imported for use by IT/Electronics Industry - Makes inclusion
of additional entries in the existing notification No.25/2002-Customs dated 01.03.2002,
against Sl.Nos.2, 7,11 & 41.
23/2010-CUS
Exempts
from levy of Customs duty on parts, components and accessories for the manufacture
of mobile handsets; sub-parts for the manufacture of such parts and components;
and parts or components for the manufacture of battery charges and hands-free
headphones of such mobile handsets from the whole duty of customs leviable thereon
24/2010-CUS
Exemption to specified goods from special CVD in lieu of State Taxes/VAT - Makes
inclusion of additional entries in the existing notification No.20/2006-Customs
dated 01.03.2006, by incorporating new Sl. Nos. 8A, 9A, 78,69,70,71,72,73 74 (with
nil standard rate of duty)
25/2010-CUS
Exempts
from whole of customs duty leviable on the goods falling under Tariff item 2716
0000 i.e. Electrical energy, provided that nothing contained in the notification
shall apply to electrical energy falling under tariff item 27160000 removed from
a Special Economic Zone to the Domestic Tariff Area or non-processing areas of
Special Economic Zones.
26/2010-CUS
Exempts
from whole of customs duty leviable on the goods falling under Tariff item 2716
0000 i.e. Electrical energy.
27/2010-CUS
Exempts
from whole of customs duty leviable on Motion pictures, music, gaming software
for use on gaming consoles printed or recorded on media subject to certain conditions.
28/2010-CUS
Exempts from levy of Customs duty on parts, components and accessories for the
manufacture of mobile handsets; sub-parts for the manufacture of such parts and
components; and parts or components for the manufacture of battery charges and
hands-free headphones of such mobile handsets from the whole of additional duty
of customs leviable thereon . This exemption will remain in force upto and inclusive
of 31.03.2011.
29/2010-CUS
Exempts
from levy of additional duty of customs on All pre-packaged goods intended for
retail sale in relation to which it is required, under the provisions of the Standards
of Weights and Measures Act, 1976, under certain chapter sub-headings ( @ Nil
standard rate of duty)
30/2010-CUS
exempts
all items of machinery, including prime moves, instruments, apparatus and appliances,
control gear and transmission equipment and auxiliary equipment (including those
required for testing and quality control) and components, required for the initial
setting up of a solar power generation project or facility, when imported into
India, from so much of the duty of customs leviable thereon which is specified
in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) as is in excess
of 5% ad valorem
31/2010-CUS
Exempts from levy of Customs duty leviable thereon on packaged software or canned
software, falling under Chapter 85 of the First Schedule of the Customs Tariff
Act, 1975 .
Customs
NON-TARIFF Notifications
Notification
No.
18/2010-CUS
NT
27.02.2010
Amends
the Customs Tariff (Identification, Assessment and Collection of Anti-dumping
Duty on Dumped Articles and for Determination of Injury) Rules, 1995
--------------------------
Scope
of manufacture extended in chapters 68 and 76 of Central Excise Tariff Act, 1985
with immediate effect
No
Union Budget would be complete without a retrospective legislation or with a new
chapter note enlarging the definition of manufacture under the Central Excise
Act, 1944.
We
take a look at the winners of this years manufacturing contest.
The
Ninth Schedule to the Finance Bill, 2010 [clause 74 refers] has joint winners
and they are
(A)
In chapter 68, the following note 3 has been inserted
3.
In relation to products of headings 6802 and 6810, the process of cutting or sawing
or sizing or polishing or any other process, for converting stone blocks into
slabs or tiles, shall amount to manufacture.
(B)
In chapter 76, after numbering the existing note as note 1, a new note 2 is inserted
and it reads
2.
In relation to products of heading 7608, the process of drawing or redrawing shall
amount to manufacture.
Background
(A)
In the case of Rajasthan State Electricity Board v. Associated JT 2000 (6) S.C.
522,the Supreme Court has held that cutting and polishing stone into slabs did
not amount to any manufacture of goods. These were the observations of the Bench
-
"....This
a part excavation of stones from a mine and thereafter cutting them and polishing
them into slabs did not amount to manufacture of goods. The word "manufacture"
generally and in the ordinary parlance in the absence of its definition in the
Act should be understood to mean bringing to existence a new and different article
having distinctive name, character or use after undergoing some transformation.
When no new product as such comes into existence, there is no process of manufacture.
The cutting and polishing stones into slabs is not a process of manufacture for
obvious and simple reason that no new and distinct commercial product came into
existence as the end product still remained stone and thus its original identity
continued...It is not possible to accept that excavation of stones and thereafter
cutting and polishing them into slabs resulted in any manufacture of goods."
Incidentally,
in the case of Aman Marble Industries,the Apex Court after relying on the above
decision held that Cutting marble blocks into slabs and polishing them doesn't
amount to manufacture.
Later,
So, if marble could get such a chapter note, Stone blocks
were not far away and thus products of heading 6802 and 6810 also get covered
by the recent amendment made by the Finance Bill, 2010.
(B)As
for amendments in Chapter 76 of the Central Excise Tariff, if others viz. drawing
or redrawing of pipes and tubes of headings 7304, 7305 and 7306 could get the
benefit of being anointed as a manufacturing activity, chapter 76 was not far.
Therefore,
chapter 76 also gets a chapter note notifying that in relation to products of
heading 7608, the process of drawing or redrawing shall amount to manufacture.
Last
but not the least, these amendments come into immediate effect as the relevant
clause 74 has been declared under the Provisional Collection of Taxes Act, 1931.
CUSTOMS
NOTIFICATION (N.T.) NO.17/2010-CUS (N.T.) Dated: February 24, 2010
Exchange
Rate wef from 1st March-2010 In exercise of the powers conferred by section
14 of the Customs Act, 1962 (52 of 1962), and in supersession of the notification
of the Government of India in the Ministry of Finance (Department of Revenue)
No.09/2010-CUSTOMS (N.T.), dated the 27 th January, 2010 vide number S.O.195(E),
dated the 27 th January, 2010, except as respects
things done or omitted to be done before such supersession, the Central Board
of Excise and Customs hereby determines that the rate of exchange of conversion
of each of the foreign currency specified in column (2) of each of Schedule I
and Schedule II annexed hereto into Indian currency or vice versa
shall, with effect from 1 st March, 2010 be the rate mentioned against
it in the corresponding entry in column (3) thereof, for the purpose of the said
section, relating to imported and export goods.
SERVICE
TAX NOTIFICATION NO .01/2010-ST. Dated: February 19, 2010
Service
Tax (Amendment) Rules, 2010. In exercise of the powers conferred by sub-sections
(1) and (2) of section 94 of the Finance Act, 1994 (32 of 1994), the Central Government
hereby makes the following rules further to amend the Service Tax Rules, 1994,
namely :- 1. Short title and commencement.- (1) These rules may be called
the Service Tax (Amendment) Rules, 2010. (2) They shall come into force on
the 1st day of April, 2010. 2. In the Service Tax Rules 1994 (hereinafter referred
to as the said rules), in rule 6, in sub-rule (2), for the proviso, the following
proviso, shall be substituted, namely:- "Provided that where an assessee
has paid a total service tax of rupees ten lakh or more including the amount paid
by utilisation of CENVAT credit, in the preceding financial year, he shall deposit
the service tax liable to be paid by him electronically, through internet banking." 3.
In the said rules, in rule 7, after sub-rule (2), the following proviso shall
be inserted, namely:- "Provided that where an assessee has paid a total
service tax of rupees ten lakh or more including the amount paid by utilisation
of CENVAT credit, in the preceding financial year, he shall file the return electronically".
F.
No. 137/13/2010 - CX.4
(Madan
Mohan) Under Secretary to Government of India
Note.-
The principal rules were published in the Gazette of India, Extraordinary, Part
II, section 3, sub-section (i), dated the 28th June, 1994 vide notification No.
2/94-Service Tax, dated the 28th June, 1994, [G.S.R. 546(E), dated the 28th June,
1994] and were last amended by notification No. 17/2006-Service Tax, dated 25th
April, 2006, [G.S.R. 247 (E), dated the 25th April, 2006, and vide notification
No. 10/2009 - Service Tax, dated the 17th March 2009, [G.S.R. 171 (E), dated the
17th March, 2009].
PUBLIC
NOTICE NO.45/2009-2014 Dated: February 23, 2010
Subject:
Export of CXL Concessions Sugar to European Union (EU) In exercise of the powers
conferred under Paragraphs 2.1, 2.4 and 2.29 of the Foreign Trade Policy, 2009-14,
the Director General of Foreign Trade hereby rescinds, with immediate effect,
Public Notice No. 41/2009-2014 dated 15th February, 2010. 2. Accordingly, allocation
of 10,000 MT of white sugar for export of CXL Concessions Sugar to European Union
(EU) for the fiscal year 2009 -10 made vide Public Notice No. 41/2009-2014 dated
15th February, 2010 stands withdrawn. 3. This issues in public interest.
F. No. 01/91/180/879/AM08/Export Cell)(Part)
(R.S.
Gujral) Director General of Foreign Trade And Ex-Officio Special Secretary
to the Govt. of India -------------------------------
PUBLIC
NOTICE NO.44/2009-2014 Dated: February 22, 2010
Subject:
Amendment of Para 2.63 (iii) of HBP Vol.I regarding RCMC In exercise of power
conferred under Paragraph 2.4 of the Foreign Trade Policy 2009-2014, the Director
General of Foreign Trade hereby makes the following amendment in 2.63 (iii) of
the Handbook of Procedure (Vol .I ) relating to Registering Authorities issuing
RCMC. Para 2.63 (iii) In case an export product is not covered by any Export
Promotion Council/Commodity Board, etc. RCMC in respect thereof is to be obtained
from FIEO. Further, in case of multi product exporters, not registered with any
EPC, where main line of business is not discernible, the exporter has an option
to obtain RCMC from Federation of Indian Exporters Organization (FIEO). This
issues in public interest. F.No. 01/94/180/77/AM08/PC2(B)
(R.S.Gujral) Director
General of Foreign Trade and Ex Officio Special Secretary to the Govt. of India
----------------------------
PUBLIC
NOTICE NO.43/2009-2014 Dated: February 22, 2010 Subject:- Amendment/modification
in SION S. No. C-1808. In exercise of the powers conferred under Paragraph
2.4 of the Foreign Trade Policy, 2004-09 and Paragraph 1.1 of the Handbook of
Procedures (Vol.1), the Director General of Foreign Trade hereby makes the following
amendments/corrections in the Handbook of Procedures, (Vol.2), 2009-2014, as amended
from time to time. 2. In the statement of Standard Input Output Norms (SION)
as contained in the Handbook of Procedures (Vol.2), 2009-2014, as amended from
time to time, amendments/corrections/modification at appropriate places as mentioned
in ANNEXURE "A" to this Public Notice are made. This issues in the
public interest. F.No.01/81/162/348/AM'10/DES-II
(R.
S. Gujral) DIRECTOR GENERAL OF FOREIGN TRADE
ANNEXURE
"A" TO THE PUBLIC NOTICE NO. 43 (RE-2010)/2009-2014 DATED: 22.2.2010
ENGINEERING
PRODUCTS AMENDMENTS/CORRECTIONS/MODIFICATION SION at Sl. No. C-1808 SION
Export item Quantity Import item Quantity C-1808 Dish Ends (Ellipsoidal or
Circular Shape) made of Non-Alloy/Alloy/ Stainless Steel 1 Kg. 1. Non- Alloy/Alloy/
Stainless Steel Plates/Coils of relevant grade 1.1 Kg./kg. content of the Steel
in the export product
POLICY
CIRCULAR NO.25 /2009-2014 Dated: February 22, 2010 Subject: Amendment
in Policy Circular No. 94 dated 16.6.2009 - Verification of new IEC. It has
been decided to amend para 2 of the above Policy Circular: 2. The physical
verification shall be carried out by a team of two officials which shall be led
by an officer not below the rank of FTDO. However in exceptional circumstances,
and with specific orders of the HOO in RA's a two member team comprising of one
FTDO/ Section Head/ LA and one UDC/ Senior LDC may carry out inspection of new
IEC numbers, as required in the para (1) of the Policy Circular No. 94 dated 16.6.2009. 3.
This issues with the approval of DGFT. File No. 01/93/180/14/AM-10/PC-2(B)
(Rajiv
Arora) Joint Director General of Foreign Trade
CUSTOMS
NOTIFICATION NO .14/ 2010-Cus. Dated: February 20, 2010
Anti-dumping
duty on import of Cold Rolled Flat products of Stainless Steel
Whereas,
in the matter of import of Cold Rolled Flat Products of Stainless Steel, (hereinafter
referred to as the subject goods), falling under heading 7219 of the First Schedule
to the Customs Tariff Act, 1975 (51 of 1975) and originating in, or exported from
the People's Republic of China (China PR), Korea, European Union, South Africa,
Taiwan (Chinese Taipei), Japan, Thailand and United States of America (USA) (
hereinafter referred to as the subject countries), the designated authority, vide
its preliminary findings vide notification No. 14/6/2008-DGAD dated 27 th March,
2009 , published in the Gazette of India, Extraordinary, Part I, Section 1, dated
the 27 th March, 2009 , had come to the conclusion that - (a) the subject
goods had been exported to India from the subject countries below its normal value;
(b) the domestic industry had suffered material injury; (c) the injury
had been caused by the dumped imports from subject countries ; and had recommended
imposition of provisional anti-dumping duty on all imports of the subject goods
originating in, or exported from, the subject countries; And whereas, on the
basis of the aforesaid findings of the designated authority, the Central Government
had imposed provisional anti-dumping duty on the subject goods vide notification
No. 38/2009-Customs, dated the 22 nd April, 2009 , published in Part II, Section
3, Sub-section ( i ) of the Gazette of India, Extraordinary, vide number G.S.R.
276 (E), dated the 22 nd April, 2009 as amended by notification No. 56/2009-Customs,
dated the 30 th May, 2009 , published in Part II, Section 3, Sub-section ( i )
of the Gazette of India, Extraordinary, vide number G.S.R. 370 (E), dated the
30 th May, 2009 ; And whereas, the designated authority, vide its final findings
vide notification No. 14/6/2008-DGAD dated 24 th November, 2009 , published in
the Gazette of India, Extraordinary, Part I, Section I, dated the 24 th November,
2009 , has come to the conclusion that - (a) the subject goods have been exported
to India from the subject countries below its normal value; (b) the domestic
industry has suffered material injury; (c) the injury has been caused by the
dumped imports from subject countries. and has recommended to impose definitive
anti-dumping duties on all imports of the subject goods, originating in, or exported
from, the subject countries; Now, therefore, in exercise of the powers conferred
by sub-sections (1) and (5) of section 9A of the said Customs Tariff Act, 1975,
and in pursuance of rules 18 and 20 of the Customs Tariff (Identification, Assessment
and Collection of Anti-dumping Duty on Dumped Articles and for Determination of
Injury) Rules, 1995, the Central Government, on the basis of the aforesaid final
findings of the designated authority, hereby imposes on the goods, the description
of which is specified in column (3) of the Table below, falling under the heading
of the First Schedule to the said Customs Tariff Act as specified in the corresponding
entry in column (2), the specification of which is specified in column (8) of
the said table, originating in the countries as specified in the corresponding
entry in column (4), and produced by the producers as specified in the corresponding
entry in column (6), when exported from the countries as specified in the corresponding
entry in column (5), by the exporters as specified in the corresponding entry
in column (7), and imported into India, an anti-dumping duty which shall be equal
to the amount specified in the corresponding entry in column(9), in the currency
as specified in the corresponding entry in column (11) and per unit of measurement
as specified in the corresponding entry in column (10) of the said Table. SI.
No Sub-Heading Description of Goods Country of Origin Country of Export Producer
Exporter Specification in series Amount Unit Currency (1) (2) (3) (4) (5) (6)
(7) (8) (9) (10) (11) 1 7219 Cold-rolled Flat products of stainless steel*
Spain Spain Acerinox S.A. Acerinox S.A. 300 569.70 MT US Dollar 400 12.74 MT
US Dollar 2 7219 Cold-rolled Flat products of stainless steel* Spain Malaysia
Acerinox S.A. Acerinox Malaysia Sdn Bhd 300 569.70 MT US Dollar 400 12.74 MT
US Dollar 3 7219 Cold-rolled Flat products of stainless steel* Belgium Belgium
Arcelor Mittal Arcelor Mittal 300 767.00 MT US Dollar 4 7219 Cold-rolled Flat
products of stainless steel* France France Arcelor Mittal Arcelor Mittal 300 643.01
MT US Dollar 400 473.43 MT US Dollar 5 7219 Cold-rolled Flat products of
stainless steel* Finland Finland Outokumpu Outokumpu 300 753.68 MT US Dollar 6
7219 Cold-rolled Flat products of stainless steel* Any Country in European Union
Any Country including countries in European Union Any Any 200 1035.93 MT US Dollar Any
Any 300 1646.32 MT US Dollar Any Any other than at S.No. 1, 2 and 4 above
400 542.36 MT US Dollar 7 7219 Cold-rolled Flat products of stainless steel*
Any Country including countries in European Union Any Country in European Union
Any Any 200 1035.93 MT US Dollar Any Any other than at S. No 1, 3, 4 and 5
above.. 300 1646.32 MT US Dollar Any Any other than at s no 1,2 and 4 above
400 542.36 MT US Dollar 8 7219 Cold-rolled Flat products of stainless steel*
South Africa South Africa Columbus Stainless (Pty) Ltd Columbus Stainless (Pty)
Ltd 300 710.27 MT US Dollar 400 451.08 MT US Dollar 9 7219 Cold-rolled
Flat products of stainless steel* South Africa Malaysia Columbus Stainless (Pty)
Ltd Acerinox Malavsia Sdn Bhd 300 710.27 MT US Dollar 400 451.08 MT US Dollar
10 7219 Cold-rolled Flat products of stainless steel* South Africa Any Any
Any 200 1144.95 MT US Dollar Any Any other than at S. No 8 and 9 above. 300
1461.41 MT US Dollar Any Any other than at S. No 8 and 9 above. 400 1054.67
MT US Dollar 11 7219 Cold-rolled Flat products of stainless steel* Any South
Africa Any Any 200 1144.95 MT US Dollar Any Any other than at S. No. 8 above.
300 1461.41 MT US Dollar Any Any other than at S. No. 8 above. 400 1054.67
MT US Dollar 12 7219 Cold-rolled Flat products of stainless steel* Korea RP
Korea RP POSCO POSTEEL 400 148.05 MT US Dollar 13 7219 Cold-rolled Flat products
of stainless steel* Korea RP Korea RP POSCO Samsung C&T Corporation 400 96.7
MT US Dollar 14 7219 Cold-rolled Flat products of stainless steel* Korea RP
Korea RP POSCO Hyundai Corp 400 210.93 MT US Dollar 15 7219 Cold-rolled Flat
products of stainless steel* Korea RP Korea RP POSCO SK Networks Ltd. (SK) 400
234.98 MT US Dollar 16 7219 Cold-rolled Flat products of stainless steel* Korea
RP Korea RP POSCO LG Intl. 400 74.88 MT US Dollar 17 7219 Cold-rolled Flat
products of stainless steel* Korea RP Korea RP POSCO Daewoo Intl. Corporation.
400 62.61 MT US Dollar 18 7219 Cold-rolled Flat products of stainless steel*
Korea RP Any Any Any 200 922.34 MT US Dollar Any Any 300 1364 MT US Dollar
Any Any except at S. No. 12 to 17 above. 400 721.74 MT US Dollar 19 7219
Cold-rolled Flat products of stainless steel* Any Korea RP Any Any 200 922.34
MT US Dollar Any Any 300 1364 MT US Dollar Any Any except at S. No. 12
to 17 above. 400 721.74 MT US Dollar 20 7219 Cold-rolled Flat products of
stainless steel* Chinese Taipei Chinese Taipei Yieh United Steel Corp Yieh United
Steel Corp 200 Nil MT US Dollar 300 489 MT US Dollar 21 7219 Cold-rolled
Flat products of stainless steel* Chinese Taipei Chinese Taipei Yieh Mau Corp
Yieh Mau Corp 300 505.96 MT US Dollar 400 138.05 MT US Dollar 22 7219 Cold-rolled
Flat products of stainless steel* Chinese Taipei Any Any Any other than at s.no
20 above 200 1293.62 MT US Dollar Any Any other than at S. No. 20 and 21 above.
300 2254.69 MT US Dollar Any Any other than at s.no 21 above 400 1446.17 MT
US Dollar 23 7219 Cold-rolled Flat products of stainless steel* Any Chinese
Taipei Any Any other than at s.no 20 above 200 1293.62 MT US Dollar Any Any
other than at S. No. 20 and 21 above. 300 2254.69 MT US Dollar Any Any other
than at s.no 21 above 400 1446.17 MT US Dollar 24 7219 Cold-rolled Flat products
of stainless steel* China PR China PR Lianzhong Stainless Steel Corp Lianzhong
Stainless Steel Corp 200 64.03 MT US Dollar 25 7219 Cold-rolled Flat products
of stainless steel* China PR China PR Shanxi Taigang Stainless Steel Co Ltd(STSS)
Shanxi Taigang Stainless Steel Co Ltd(STSS) 300 348.28 MT US Dollar 400
110 MT US Dollar 26 7219 Cold-rolled Flat products of stainless steel* China
PR Any Any Any other than 24 above 200 889.53 MT US Dollar Any Any other than
at S. No 25 above. 300 1916.59 MT US Dollar Any Any other than at S. No. 25
above. 400 1477.44 MT US Dollar 27 7219 Cold-rolled Flat products of stainless
steel* Any China PR Any Any other than 24 above 200 889.53 MT US Dollar Any
Any other than at S. No. 25 above 300 1916.59 MT US Dollar Any Any other than
at S. No. 25 above. 400 1477.44 MT US Dollar 28 7219 Cold-rolled Flat products
of stainless steel* Thailand Thailand Thainox Stainless Public Co Ltd Thainox
Stainless Public Co Ltd 300 252.18 MT US Dollar 400 189.63 MT US Dollar 29
7219 Cold-rolled Flat products of stainless steel* Thailand Any Any Any 200 958.63
MT US Dollar Any Any other than at S. No. 28 above. 300 1505.2 MT US Dollar
Any Any other than at s. no 28 above. 400 615.16 MT US Dollar 30 7219
Cold-rolled Flat products of stainless steel* Any Thailand Any Any 200 958.63
MT US Dollar Any Any other than at S. No. 28 above. 300 1505.2 MT US Dollar
Any Any other than at S. No. 28 above. 400 615.16 MT US Dollar 31 7219
Cold-rolled Flat products of stainless steel* USA USA Any Any 200 1216.63 MT US
Dollar 300 1560.81 MT US Dollar 400 1438.25 MT US Dollar 32 7219 Cold-rolled
Flat products of stainless steel* USA Any Any Any 200 1216.63 MT US Dollar 300
1560.81 MT US Dollar 400 1438.25 MT US Dollar 33 7219 Cold-rolled Flat
products of stainless steel* Any USA Any Any 200 1216.63 MT US Dollar 300 1560.81
MT US Dollar 400 1438.25 MT US Dollar * of the width of 600 mm upto 1250
mm of all series further worked than Cold rolled (cold reduced) with a thickness
of up to 4 mm. The subject goods will have the following exclusions from the
scope of the product on grounds as explained above: i. Grade AISI 420 High
carbon (0.28%-0.40%), Grade 420, Grade 430 BA supplied by M/s Thyssenkrupp Stainless
International, Germany, Grade AISI 441 and Grade AISI 443. ii. Duplex Stainless
Steel grades 2205 (S31803), 2304 (S32304), EN 1.4835, 1.4547, 1.4539, 1.4438,
1.4318 and 1.4833 and Ferritic Grades EN 1.4509 and 1.4512. iii. Product supplied
under Indian Patent no. 223848 in respect of goods comprising Low Nickel containing
Chromium-Nickel Manganese-Copper Austenitic Stainless steel and representing Grades
YU 1 and YU 4, produced and supplied by M/s Yieh United Steel Corp ( Yusco ) of
Chinese Taipei (Taiwan). 2. The anti-dumping duty imposed under this notification
shall be levied with effect from the date of imposition of the provisional anti-dumping
duty, and shall be payable in Indian currency. Explanation: - For the purposes
of this notification, rate of exchange applicable for the purposes of calculation
of such anti-dumping duty shall be the rate which is specified in the notification
of the Government of India, in the Ministry of Finance (Department of Revenue),
issued from time to time, in exercise of the powers conferred by section 14 of
the Customs Act, 1962 (52 of 1962) and the relevant date for the determination
of the rate of exchange shall be the date of presentation of the bill of entry
under section 46 of the said Customs Act. F. No: 354/87/2009- TRU (Pt.-1)
Prashant
Kumar Under Secretary to the Government of India
CUSTOMS
NOTIFICATION NO .13/2010 - Cus. Dated: February 19, 2010
Govt
grants Cus exempt to various types of sports goods, GPS Communication systems,
Satellite phones G.S.R. 94 (E).- In exercise of the powers conferred by sub-section
(1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government,
on being satisfied that it is necessary in the public interest so to do, hereby
exempts the goods of the description specified in column (2) of the Table below
and falling under the First Schedule to the Customs Tariff Act, 1975 (51 of 1975),
when imported into India for the purpose of organising the Common Wealth Games,
2010(hereinafter referred as Games), from the whole of the duty of customs leviable
thereon which is specified in the said First Schedule and from the whole of the
additional duty leviable thereon under section 3 of the said Customs Tariff Act,
subject to the conditions specified in the corresponding entry in column (3) of
the said Table. TABLE S.No Description of goods Conditions (1) (2)
(3) 1. (a) All sports goods, sports equipment and sports requisites; fitness
equipments; team uniform/clothing; spares, accessories and consumables of the
same including ammunition for shooting events; (b) Doping control equipment,
Satellite phones/GPS, paging communication systems and other communication equipments;
video/plasma screen, electronic score board for display; time control devices,
stop watches; timing, scoring and result management systems; marquees; tents .
(a)Imported by the Organising Committee of the Common Wealth Games , 2010,
National sports federations in relation to Games, 2010; (b) the importer,
at the time of clearance of the goods, produces a certificate to the Assistant
Commissioner or Deputy Commissioner of Customs as the case may be, from the Joint
Director General (Coordination) or Director (Coordination) of the Organising Committee
of the Games, 2010, indicating- (i) the name and address of the importer and
the description, quantity and value of the said goods; and (ii) that the said
goods are required for the purpose specified in condition (a) above; and (c)
the importer, at the time of clearance of the goods, furnishes an undertaking
that all such goods shall be consumed or re-exported within three months from
the conclusion of the Games or shall be handed over to the Sports Authority of
India or Delhi Development Authority or Government of National Capital Territory
of Delhi . 2. Furniture and fixtures/ fittings, power generation and distribution
systems, air conditioning equipment which would be needed to be imported as per
requirement of Games under 'Overlays'. (a)Imported by the Organising Committee
of the Games, 2010 or National Sports federations in relation to Common Wealth
Games, 2010; (b) the importer, at the time of clearance of the goods, produces
a certificate to the Assistant Commissioner or Deputy Commissioner of Customs,
as the case may be from the Joint Director General (Coordination) / Director (Coordination)
of the Organizing Committee of the Games, 2010, indicating- (i) the name and
address of the importer and the description, quantity and value of the said goods;
and (ii) that the said goods are required for the purpose specified in condition
(a) above; and (c) the importer, at the time of clearance of the goods, furnishes
an undertaking that all such goods shall be re-exported within three months from
the conclusion of the Games. 3. (a) All sports goods, sports equipment and
sports requisites; spares, accessories and consumables of the same, (b) Food
stuff, energy drinks, isotonic, tonic water(including alcoholic drinks), (c)
pharmaceuticals and medical consumables, (c) fitness equipments; team uniform/
clothing, (d) dining/kitchen items, office consumables stationery and gift
items, souvenirs, mementoes, (e) Goods for display / exhibition / stalls /reception
(a)Imported by Common Wealth Games Federation Members or Common Wealth Games Associations
or participating athletes in relation to Games, 2010; (b) the importer, at
the time of clearance of the goods, produces a certificate to the Assistant Commissioner
or Deputy Commissioner of Customs, as the case may be from the Joint Director
General (Coordination) or Director (Coordination) of the Organizing Committee
of the Commonwealth Games, 2010, indicating- (i) the name and address of the
importer and the description, quantity and value of the said goods; and (ii)
that the said goods are required for the purpose specified in condition (a) above;
(c) the importer, at the time of clearance of the goods, furnishes an undertaking
that,- (i) all such goods, excluding gift items, souvenirs, mementoes and
goods which have been consumed, shall be re-exported within three months from
the conclusion of the games ; and (ii) a utilisation certificate for the goods
consumed shall be furnished from the Joint Director General (Coordination) or
Director (Coordination) of the Organizing Committee of the Games, 2010. 4.
Broad casting equipment (a)Imported by Prasar Bharti or broad casting right holders
as per Agreement between the Organising Committee of Games, 2010 and Prasar Bharti
in relation to Games, 2010; (b) the importer, at the time of clearance of
the goods, produces a certificate to the Assistant Commissioner or Deputy Commissioner
of Customs, as the case may be, from the Joint Director General (Coordination)
or Director (Coordination) of the Organizing Committee of the Games 2010, indicating-
(i) the name and address of the importer and the description, quantity and
value of the said goods; and (ii) that the said goods are required for the
purpose specified in condition (a) above; and (c) the importer, at the time
of clearance of the goods, furnishes an undertaking that all such goods shall
be re-exported within three months from the conclusion of the Games. 5. Arms
and Ammunition of the following description: o Rifles- .22 Calibres (should
have at least an outside barrel diameter of 10 mm.) o Pistols - .22 and .32
Calibres (barrels should be measured from the Breach point) o Air Rifles/Pistols
- 4.5 mm /0.177 Calibers o Shot Guns - 12 bore (should be "Ventilated
Rib" and "Single Sighting Planes") o Air pellets - Diablo type
(i.e. with flat nose and met round or painted nose) o Ammunition- 12 bore
cartridges,.27 air pellets,.22 bore rapid fire (shot) cartridges,.22 bore pistol
match standard sports,.32 bore wad -cutters,.62 Full bore Ammunition. o .32
bore revolver(barrel length should not be less than 41/2" and measurements
are to be taken from the end of the cylinder holding the cartridge) o .22
bore revolver- (ban-el length same as above) o Telescope (a)Imported by Common
Wealth Games Federation Members or Common Wealth Games Associations or participating
athletes in relation to Games, 2010; (b) the importer, at the time of clearance
of the goods, produces a certificate to the Assistant Commissioner or Deputy Commissioner
of Customs as the case may be from the Joint Director General (Coordination) or
Director (Coordination) of the Organizing Committee of the Commonwealth Games
2010, indicating- (i) the name and address of the importer and the description,
quantity and value of the said goods; and (ii) that the said goods are required
for the purpose specified in condition (a) above; (c) the importer, at the
time of clearance of the goods, furnishes an undertaking that,- (i) all such
goods other than those consumed during the shooting events, shall be re-exported
at the time of final departure of the participating athletes; (ii) a utilisation
certificate for the goods consumed shall be furnished from the Joint Director
General (Coordination) or Director (Coordination) of the Organizing Committee
of the Games, 2010. and (d) Import of such arms and ammunition shall be subject
to the applicable licensing conditions imposed by the Directorate General of Foreign
Trade and approvals of Ministry of Home Affairs. [F. No.354/12/2010-TRU]
(Prashant
Kumar) Under Secretary to the Government of India
PUBLIC
NOTICE NO.42/2009-14 Dated: February 16, 2010 Subject: Appendix 11B
for Value addition in terms of paragraph 4.1.6 of FTP In exercise of powers
conferred under Paragraph 2.4 of the Foreign Trade Policy, 2009-14, the Director
General of Foreign Trade hereby makes the following amendments in the Handbook
of Procedures (Vol.1), 2009-14:- 1. A new Appendix i.e., Appendix 11B related
to Value addition Norms (below 15%) for specific product(s) under Advance
Authorisation Scheme stands added in the Appendices and Aayat Niryat Forms
in the HBP, v1, as per the Appendix attached to this Public Notice. 2. In
the Contents in the Appendices and Aayat Niryat Forms in the HBP, v1, following
shall be added: 11B. Value addition Norms (below 15%) for specific product(s)
under Advance Authorisation Scheme. This issues in public interest. File
No. 01/94/180/FTP/09-10/AA/AM10/PC4)
(R.S.
Gujral ) Director General of Foreign Trade and Ex-Officio Special Secretary
to the Government of India
Appended
to Public Notice No. 42 dated 16 th February, 2010 . Appendix 11B Value
addition Norms (below 15%) for specific product(s) under Advance Authorisation
scheme (Please see paragraph 4.1.6 of FTP, 2009-14, as amended from time to
time)
CUSTOMS
CIRCULAR NO.4/2010-Cus. Dated: February 15, 2010 Subject: Carriage
of domestic cargo on international flights - regarding. Reference is invited
to the Board's Circular No.15/99-Customs dated 22.3.1999, whereby the facility
of carriage of domestic cargo between domestic airports on international flights
was extended to M/s. Air India. In this regard, the Board had received certain
requests for providing such a facility by other private airlines also.
2.
The Board had examined the matter in consultation with various Customs field formations.
It was seen that initially when the facility was first extended, M/s. Air India
was the only airline that was undertaking carriage of both international and domestic
cargo. However, presently a number of other private airlines have also started
providing such a service. Therefore, it was felt that the facility of carriage
of domestic cargo in international flights between two domestic airports may be
allowed to other private airlines as well, subject to fulfilment of certain safeguards
so as to prevent any misuse.
3.
In this regard, it is stated that the Board has decided to allow domestic private
airlines as well as M/s. Air India and Indian Airlines, to carry domestic cargo
between domestic airports on their international flights subject to the fulfilment
of the following conditions: (i) Separate space shall be assigned by the airlines
or custodian in the cargo complex / area of the airport for receipt and storage
of domestic cargo till these are delivered or dispatched. (ii) Domestic cargo
will be received by the airlines in the designated area during the normal working
hours of Customs at the respective airport. (iii) The containers/ Unit Load
Devices (ULDs) used for carrying the domestic or international cargo shall be
clearly marked or coloured or strapped, for its identification, distinction at
the time of loading/ unloading, transportation. (iv) Domestic tags shall be
prepared for identification of the domestic cargo with separate colour coding. (v)
Loading or unloading of domestic cargo in any international flight/ aircraft shall
be carried under the supervision of Customs officers. (vi) Domestic and international
cargo will be loaded separately, and shall be carried in hold area onboard the
aircraft distinctly identifying these cargoes. (vii) On arrival of the domestic
cargo, at the destination airport, the airlines shall make necessary arrangements
to deliver the domestic cargo. (viii) In respect of transhipment of international
cargo by airlines, they shall be required to execute necessary bond and bank guarantee
as prescribed vide Circular No.78/2001-Customs dated 7.12.2001. Further, those
persons who fulfill the threshold limit of annual transshipment volume specified
shall be exempt from the requirement of furnishing bank guarantee as specified
Circular No.45/2005-Customs dated 24.11.2005.
Accordingly,
no separate bond or bank guarantee shall be required in respect of domestic cargo.
In addition, transshipment procedure as specified in Board's Circular No. 06/2007-Cus
dated 22.01.2007 may be strictly adhered to.
4.
In case of any violation of the conditions prescribed here above or by any other
regulations providing for the manner in which the imported goods/ export goods
shall be received, stored, delivered or otherwise handled in a customs area, necessary
action may be taken against the person including withdrawal of the facility and
imposition of penalty under the Handling of Cargo in Customs Areas Regulations,
2009.
5.
In view of the above, the jurisdictional Commissioner of Customs are requested
to implement the above said procedure, while permitting the facility of carriage
of domestic cargo between domestic airports on international flights by private
airlines as well as M/s Air India and Indian Airlines. Difficulties, if any, experienced
while implementing the above matter may be taken up for appropriate action with
the Board.
6.
The Board's Circular No.15/1999-Customs dated 22.3.1999 stands superseded by the
aforesaid Circular
7.
The Commissioner of Customs may issue a Public Notice bringing the above to the
notice of the trade and industry. F.No.450/122/2009-Cus.IV
BY
Circular No.15/99-Customs dated 22.3.1999, Board had extended the facility of
carriage of domestic cargo between domestic airports on international flights
to Air India . Now private airlines also want this facility. Board has
noticed that initially when the facility was first extended, Air India was the
only airline that was undertaking carriage of both international and domestic
cargo. However, now a number of other private airlines have also started providing
such a service. Therefore, it was felt that the facility of carriage of domestic
cargo in international flights between two domestic airports may be allowed to
other private airlines as well, subject to fulfilment of certain safeguards so
as to prevent any misuse. So the Board has decided to allow domestic private
airlines as well as M/s. Air India and Indian Airlines, [are they not merged?]
to carry domestic cargo between domestic airports on their international flights
subject to the fulfilment of the following conditions: (i) Separate space
shall be assigned by the airlines or custodian in the cargo complex / area of
the airport for receipt and storage of domestic cargo till these are delivered
or dispatched. (ii) Domestic cargo will be received by the airlines in the
designated area during the normal working hours of Customs at the respective airport.
(iii) The containers/ Unit Load Devices (ULDs) used for carrying the domestic
or international cargo shall be clearly marked or coloured or strapped, for its
identification, distinction at the time of loading/ unloading, transportation.
(iv) Domestic tags shall be prepared for identification of the domestic cargo
with separate colour coding. (v) Loading or unloading of domestic cargo in
any international flight/ aircraft shall be carried under the supervision of Customs
officers. (vi) Domestic and international cargo will be loaded separately,
and shall be carried in hold area onboard the aircraft distinctly identifying
these cargoes. (vii) On arrival of the domestic cargo, at the destination
airport, the airlines shall make necessary arrangements to deliver the domestic
cargo. (viii) In respect of transhipment of international cargo by airlines,
they shall be required to execute necessary bond and bank guarantee as prescribed
vide Circular No.78/2001-Customs dated 7.12.2001. Further, those persons who fulfill
the threshold limit of annual transshipment volume specified shall be exempt from
the requirement of furnishing bank guarantee as specified Circular No.45/2005-Customs
dated 24.11.2005. Accordingly, no separate bond or bank guarantee shall be required
in respect of domestic cargo. In addition, transshipment procedure as specified
in Board's Circular No. 06/2007-Cus dated 22.01.2007 may be strictly adhered to.
Jurisdictional Commissioner of Customs are requested to implement the above
said procedure, while permitting the facility of carriage of domestic cargo between
domestic airports on international flights by private airlines as well as M/s
Air India and Indian Airlines. Difficulties, if any, experienced while implementing
the above matter may be taken up for appropriate action with the Board.