Exchange Rate for imported goods is Rs 74.03 Per Pound Sterling and Rs 51.22 Per Yen-Exchange Rate for export is Rs 72.45 Per Pound Sterling and Rs 49.94 Per Yen-Customs Non-Tariff Notification No.128 Sensex slips further and closes at 8773 100 per cent EOUs allowed to export non-basmati rice-DGFT Notification No.59 Customs duty of 5 per cent imposed on import of Pig Iron, spiegeleisen, semi-finished products, flat products & long products Import of Crude Soyabean Oil subjected to 20 per cent customs duty- no change in import duty on refined soyabean oil-Customs Tariff Notification No.122 Time-limit for filing refund of service tax extended to 6 months-Service Tax Notification No.32 Rahul Bajaj asks Industry to prepare for the worst Tariff Value for import of Brass Scrap is 3525 and for poppy seeds 5206-Customs Non-Tariff Notification No. 127 CBEC clarifies the entire amount of duty paid by the manufacturer, as shown in the invoice would be available as credit irrespective of the fact that subsequent to clearance of the goods, the price is reduced by way of discount or otherwise-Central Excise Circular No.877 Mandavariya (Kishangarh), District Ajmer notified for Unloading of imported goods and loading of export goods-Customs Non-Tariff Notification No.117 SC Ruling-the entitlement of benefit in terms of Section 32AB, Section 80HH and Section 80I of the Income Tax Act- conversion of Jumbo rolls of photographic films into small flats and rolls in the desired sizes amounted to manufacture/production-AIT-2008-413-SC SC Ruling-Whether any "gift" arose in terms of Section 2(xii) of the Gift-tax Act, 1958 on the allotment of rights issue by the appellant company to its shareholders vide Board's Resolution- Whether there was any element of "gift" as defined under Section 2(xii) in the appellant issuing Bonus shares in the ratio of 1:23-AIT-2008-412-SC DEPB benefit allowed on export of cement and steel-DGFT PN 108 exports of cement in all types and forms and primary steel products eligible for export incentives under Focus Market Scheme-DGFT Notification No.58 Import of Marble Tiles-DGFT Notification No.57 Clarification on setting up Duty Free Shops approved by FIPB-Customs Circular No.19 HC Ruling-Income Tax-"reserves" arising out of the acquisition of the business of Tata Cellular Limited could never have the character of "income" in the hands of the petitioners-pre-requisite condition contained in proviso to section 147 to enable the re-assessment to be opened after period of 4 years have elapsed have not been met-AIT-2008-410-HC HC Ruling-Central Excise- valuation of the goods for the purpose of excise duty and whether excise duty was chargeable under Section 4 or Section 4A of the Central Excise Act 1944-while construing rule 3, who are excluded are only the institutional or industrial consumers as explained in Rule 2A and the industrial or institutional consumers in terms of the proviso to rule 2(p) for the purpose of chapter-II are the same-If the person who purchase the prepacked commodity not directly from the manufacturer or packers, they are consumers and the declaration will be of no effect-AIT-2008-408-HC Government considering imposition of import duty on steel Bad News for Consulting Engineers- whether turnkey contract can be vivisected?- The conclusion in Daelim case on the point, prima facie, being not in accordance with law, matter goes to Larger Bench-AIT-2008-405-CESTAT Larger Bench of CESTAT rules Credit is admissible on an input service relating to the business-AIT-2008-407-CESTAT credit of the service tax paid on the outdoor catering (canteen) service is admissible as input service under Rule 2(l) of the Cenvat Credit Rules, 2004-AIT-2008-406-CESTAT The payment for use of "services for MTNL/other companies via the interconnect/port/access/toll by the assessee would not fall within the purview of payments as provided for under section 194J of the Act, so as to be eligible for tax deduction at source-The interconnect charges/port access charges cannot be regarded as fees for technical services-AIT-2008-404-HC Computation of Value under Section 14 for Levy of Export Duty - Customs Circular No. 18 Advance Ruling- Whether the service fee paid by the applicant to Intertek Testing Management Limited UK under Global Management Service Agreement is taxable as "Royalties & Fee for Technical Services" as per the provisions of Article 13 of DTAA between India & UK? Whether the applicant is required to deduct tax at source on the service fee paid to Intertek Testing Management Limited, UK, at the rate of 10% plus applicable surcharge and cess as per the provisions of section 115A(1)(b)(BB) of the Income-tax Act-AIT-2008-401-AAR Larger Bench of SC Ruling-whether the revenue can be precluded from filing an appeal even though in respect of some other years involving identical dispute no appeal is filed -AIT-2008-403-SC SC Ruling-whether transfer of Banking Undertaking gave rise to taxable capital gains under Section 45 of the 1961 Act-it was not possible to compute capital gains and, therefore, the said amount of Rs. 10.20 cr. was not taxable under Section 45 of Income Tax Act-AIT-2008-400-SC Export duty of 8 per cent notified in place of earlier rate of Rs. 200 per tonne on export of iron ore fines-Customs Tariff Notification No.121 Pan Masala Packing Machines (Capacity Determination And Collection of Duty) Second Amendment Rules, 2008-Central Excise Non-Tariff Notification No.45 SC rules Ethylene and propylene manufactured by the assessee and used in its factory in the further manufacture of the same goods would be entitled to the benefit of exemption contained in notification no.217/86-AIT-2008-398-SC New DEPB Rates on export of all products notified–DGFT PN 102 service tax paid under Section 66A is available as 'input credit' under Cenvat Credit Rules, 2004 provided the said services are used as input services by the manufacturer or producer of final products or a provider of output taxable service-Service Tax Trade Notice No.43/2008 Anti-dumping duty imposed on import of cable ties from China & Taiwan-Customs Tariff Notification No.118 Definitive Anti-dumping duty imposed on import of Phenol from Singapore, South Africa & European Union-Customs Tariff Notification No.114 High-tech products entitled to benefits under High-Tech Products Export Promotion Scheme –DGFT PN 101

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Customs & Excise Exemptions to be withdrawn

AIT News Service

Government has identified a number of exemption notifications which can be removed. Views of all concerned have been sought on this proposal. If the suggestion is for continuance of an exemption, which is sought to be withdrawn, the rationale for the same is required to be given in views. Similarly, if there are other exemptions which merit withdrawal but are not listed herein, the same may also be mentioned along with the rationale for their withdrawal. .

Comments in this regard may be sent on or before 10.06.2004 by post or by email to,-

Shri Gautam Ray, Joint Secretary, TRU, Room No. 146 I, North Block,

e-mail: jstru@nic.in or

Shri Alok Shukla, Director, TRU, Room No. 146 J, North Block,

e-mail: shuklaalok02@yahoo.co.in or

Shri Ravinder Saroop, Director, TRU, Room No. 146 H, North Block,

e-mail: ravisaroop@yahoo.co.uk

LIST OF CUSTOMS DUTY EXEMPTIONS PROPOSED TO BE WITHDRAWN

S.No
Chapter/Heading/Tariff item no.
Description of goods
Notification No. and S.No

21/2002

28 or 29
Chemicals, for use in the manufacture of Centchroman
79

29
Codeine Phosphate or Narcotine, imported by Government Opium and Alkaloid Factories
100

29
Maltol, for use in the manufacture of Deferiprone
101

37
Film of a predominantly educational character, if so certified by AIR, Doordarshan or CBFC
125

37
Microfilms, of printed books (including covers for printed books), periodicals (including newspapers), music manuscripts, maps, charts, plans, drawings and designs
126

37
Exposed and developed film sheets for printing or reproduction of printed books (including covers for printed books), periodicals (including newspapers), music manuscripts, maps, charts, plans, drawings and designs
127

37
Exposed cinematographic films, meant for training of defence personnel on certification by Ministry of Defence
128

37.04 or 85.24
(1)Cinematographic films, exposed but not developed;
(2) Recorded magnetic films used for producing TV serials
132

38.22
Pharmaceutical Reference Standard imported from organization approved by WHO or International Organization of Standards
138

48
Grape guard, namely, paper of a type generally used for the packing of grapes.
153

6001.10 or 6001.92
Pile fabrics for the manufacture of toys, on actual user condition basis
172

84, 85 or 90
The goods specified in List 27 (i.e. Television cameras (professional grade), audio recording equipment, table top desk production video machine, 8-channel video mixer/switches, etc), on the strength of a certificate by PIB
245

84, 85 or 90
The following goods, imported, upto CIF value of 1 lakh rupees in two years, by an accredited press cameraman:-
246

(i) Photographic cameras;

(ii) cinematographic cameras;

(iii) digital cameras; and

(iv) lenses, filters, flash light apparatus and exposure meters required for use with the aforesaid cameras

84, 85 or 90
The following goods, imported, upto CIF value of 1 lakh rupees in two years by an accredited journalist:-
247

(i) Personal computers including lap top personal computers;

(ii) typewriters; and

(iii) fax machines

84 or 85
Spares, supplied with outboard motors for maintenance of such outboard motors, and imported by State Fisheries Corporation/Co-operative Federation or any person on the strength of a certificate for end use satisfaction
254

84
Fogging machines imported by a Municipal Committee, District Board or other authority legally entitled to, or entrusted by the Government with, the control or management of a Municipal Fund, for use in combating malaria and other mosquito borne diseases
259

85 or any other Chapter
The wireless apparatus, accessories and parts specified in List 35, imported by a licensed amateur radio operator
283

8524
Recorded magnetic tapes and floppy diskettes, imported by the University Grants Commission for use in computers
310

90.22
X-Ray Baggage Inspection Systems and parts thereof, if imported for anti-smuggling operations or for bomb detection or disposal purposes, on production of certificate to the Customs
382

95 or any other Chapter
(i) Synthetic tracks and artificial surfaces of heading 95.06; (ii) Equipment required for installation of (i) above, imported under the "Scheme for Laying Synthetic Tracks and Artificial Surfaces" of the Department of Youth Affairs, and subject to production of certificate
391

95
Requisites for games and sports, if certified by the apex body which controls or regulates the concerned sport or by the Sports Authority of the concerned State that requisites are required for use in a national or international championship or competition in India or abroad:
393

LIST OF EXCISE DUTY EXEMPTIONS PROPOSED TO BE WITHDRAWN

S.No
Chapter/Heading/Tariff item no.
Description of goods
Notification No. and S.No

04/2006

2710
Avgas
16

2710 19 20
Aviation turbine fuel
22

28 or 31
Gibberellic acid
53

30 or any other chapter
Nicotine polacrilex gum
61

3306
Tooth powder
69

3822
Chemical reagents manufactured by Hindustan Antibiotics Ltd for use in the manufacture of kits for testing narcotic drugs and psychotropic substances

75

3901 to 3914
Plastic materials reprocessed in India out of the scrap or the waste of goods falling within Chapters 39, 54, 55, 56, 59, 64, 84, 85, 86, 87, 90, 91, 92, 93, 94, 95 and 96

78

3903
Unexpanded polystyrene beads purchased by the Malaria Research Centre, subject to certification of end use
79

40
Surgical rubber gloves or medical examination rubber gloves
81

4011, 4012 or 4013
Tyres, flaps and tubes used in the manufacture of power tillers of heading No. 8432 of the First Schedule.

83

4810
Light weight coated paper weighing upto 70 g/m2, procured by actual users for printing of magazines
96

05/2006

63
Mosquito nets impregnated with insecticide
3

68 or 69
Stoneware, which are only salt glazed