Annexure - EXTRACTS FROM THE CUSTOMS TARIFF ACT, 1975 (51 OF 1975) -Levy of additional duty equal to excise duty, sales tax, local taxes and other charges. - Taxation Laws (Amendment) Bill, 2017

EXTRACTS FROM THE CUSTOMS TARIFF ACT, 1975 (51 OF 1975) * * * * * Levy of additional duty equal to excise duty, sales tax, local taxes and other charges. 3. (1) * * * * * (2) For the purpose of calculating under sub-sections (1) and (3), the additional duty on any imported article, where such duty is leviable at any percentage of its value, the value of the imported article shall, notwithstanding anything contained in section 14 of the Customs Act, 1962, (52 of 1962) be the aggregate of- (i) * * * * * (ii) any duty of customs chargeable on that article under section 12 of the Customs Act, 1962, (52 of 1962) and any sum chargeable on that article under any law for the time being in force as an addition to, and in the same manner as, a duty of customs, but does not include- (a) the duty referred to in sub-section (1), (3) and (5); * * * * * Provided that in case of an article imported into India,- (a) * * * * * (b) where the like article produced or manufactured in India, or in case where such like article is not so produced or manufactured, then, the class or description of articles to which the imported article belongs, is- (i) * * * * * (ii) the goods specified by notification in the Official Gazette under section 3 read with clause (1) of Explanation III of the Schedule to the Medicinal and Toilet Preparations (Excise Duties) Act, 1955 (16 of 1955.) the value of the imported article shall be deemed to be the retail sale price declared on the imported article less such amount of abatement, if any, from such retail sale price as the Central Government may, by notification in the Official Gazette, allow in respect of such like article under clause (2) of the said Explanation. Explanation.-Where on any any imported article more than one retail sale price is declared, the maximum of such retail rice shall be deemed to be the retail sale price for the purposes of this section.] (6) For the purpose of calculating under sub-section (5), the additional duty on any imported article, the value of the imported article shall, notwithstanding anything contained in sub-section (2) or section 14 of the Customs Act, 1962 (52 of 1962) be the aggreate of- (i) * * * * * (ii) any duty of customs chargeable on that article under section 12 of the Customs Act, 1962, (52 of 1962) any any sum chargeable on that article under any law for the time being in force as an addition to, and in the same manner as, a duty of customs, but does not include- (a) the duty referred to in sub-section (5); (b) the safeguard duty referred to in sections 8B and 8C; (c) the countervailing duty referred to in section 9; and (d) the anti-dumping duty referred to in section 9A. (7) The duty chargeable under this section shall be in addition to any other duty imposed under this Act or under any other law for the time being in force. (8) The provisions of the Customs Act, 1962 (52 of 1962) and the rules and regulations made thereunder, including those relating to drawbacks, refunds and exemption from duties shall, so far as may be, apply to the duty chargeable under this section as they apply in relation to the duties leviable under that Act.