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TMI BlogFINANCE BILL, 2013 - PROVISIONS RELATING TO INDIRECT TAXESX X X X Extracts X X X X X X X X Extracts X X X X ..... n 28 is being amended to provide that show cause notice will not be served where the amount demanded is less than rupees one hundred. [Clause 56] 4) Section 28BA is being amended to provide for provisional attachment of property belonging to any person to whom notice under sub-section (4) of section 28 has been served. [Clause 57] 5) Clause (a) of section 28E is being substituted so as to include any new business of import or export proposed to be undertaken by the existing importer or exporter within the meaning of "activity". [Clause 58] 6) Section 29 is being amended to empower the Board to permit landing of vessels and aircrafts at any place other than customs port or customs airport. [Clause 59] 7) Section 30 is being amended to provide for electronic filing of import manifest and also to provide that the Commissioner of Customs may, in cases where it is not feasible to deliver the import manifest by presenting electronically, allow the same to be delivered in any other manner. [Clause 60] 8) Section 41 is being amended to provide for electronic filing of export manifest and also to provide that the Commissioner of Customs may, in cases where it is not feasible to de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ribunal to hear and dispose of appeals from Rs.10 lakh to Rs.50 lakh. [Clause 67] 15) In sub-clauses (B) and (D) of clause (i) of section 135(1), the threshold limit for punishment in an offence relating to evasion or attempted evasion of duty or fraudulently availing of or attempting to avail of drawback or any exemption from duty in connection with export of goods, has been increased from Rs.30 lakh to Rs.50 lakh. [Clause 68] 16) A new clause (d) is being inserted in section 142 to provide (i) for recovery of money due to the Central Government from any other person other than the defaulter after giving such other person a notice in writing, (ii) that the person to whom such notice has been issued shall be bound to comply, and (iii) that if the person to whom the notice is issued fails to comply, he shall be deemed to be a defaulter in respect of the amount specified in the notice. [Clause 69] 17) Section 143A is being omitted. [Clause 70] 18) Sub-section (3) of section 144 is being amended to remove the duty liability on any sample of goods which is consumed or destroyed during the course of testing or examination. [Clause 71] 19) Section 146 is being substituted to ch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... para 1) and 2) (b), (c), (d) will come into effect immediately owing to a declaration under the Provisional Collection of Taxes Act, 1931. [Clause 77] CUSTOMS A. General 1) Baggage Rules are being amended to,- (i) raise the duty free allowance in respect of jewellery for an Indian passenger who has been residing abroad for over one year or a person who is transferring his residence to India from Rs.10,000 to Rs.50,000 in case of a gentleman passenger and from Rs.20,000 to Rs.1,00,000 in case of a lady passenger. (ii) raise the duty free allowance for crew member of vessel/aircraft from Rs.600 to Rs.1500. B. Proposals involving changes in rates of duty I. AGRICULTURE/AGRO PROCESSING/PLANTATION SECTOR: 1) Basic customs duty on dehulled oat grain is being reduced from 30% to 15%. 2) Basic customs duty on hazel nuts is being reduced from 30% to 10%. 3) Export duty of 10% on de-oiled rice bran oil cake is being withdrawn. II. AUTOMOBILES: 1) Basic customs duty on new passenger cars and other motor vehicles (high end cars) with CIF value more than US$ 40,000 and/or engine capacity exceeding 3000cc for petrol run vehicles and exceeding 2500 cc for diesel run vehicles ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 15%. 2) Basic customs duty is being reduced from 7.5% to 5% on textile machinery & parts. IX. ELECTRONICS/HARDWARE: 1) Basic customs duty on Set Top Boxes for TV is being increased from 5% to 10%. X. MISCELLANEOUS: 1) Full exemption from basic customs duty and additional customs duty is being provided to trophy imported by National Sports Federation recognized by the Department of Sports and Youth Affairs or any Sports Body registered under Societies Registration Act, in connection with any international tournament held in India. 2) Withdrawal of exemption from education cess and secondary & higher education cess on aircraft and aircraft parts, soyabean oil, olive oil etc. EXCISE AMENDMENTS IN THE CENTRAL EXCISE ACT, 1944: 1) Section 9 provides that an offence case involving evasion in which the duty leviable exceeds thirty lakh rupees shall be punishable with a term of imprisonment extending to seven years with fine. This section is being amended so as to substitute the amount of thirty lakh rupees with fifty lakh rupees. [Clause 78] 2) Section 9A is being amended to make an offence cognizable and non-bailable where the duty liability exceeds Rs.50 lakh and puni ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ench of the Tribunal to hear and dispose of appeals from "ten lakh rupees" to "fifty lakh rupees". [Clause 89] 13) Section 37C is being amended to specify additional modes of delivery of specified documents i.e. by speed post with proof of delivery or through courier approved by the Central Board of Excise & Customs. [Clause 90] 14) Third Schedule is being amended to: (a) insert S. No. 31A to include branded and generic Ayurvedic, Unani, Siddha, Homeopathic or Bio-chemic medicaments. (b) substitute the present tariff item in S. No. 64 relating to pressure cooker with tariff item "7615 10 11" The changes at para 14) will come into effect immediately owing to a declaration under the Provisional Collection of Taxes Act, 1931. [Clause 91] AMENDMENTS IN CENTRAL EXCISE TARIFF ACT, 1985: 1) First Schedule is being amended to: (a) change the present description of tariff items 03022400 and 03033400 to "Turbots (Psetta maxima)". (b) omit the tariff item 1517 90 20 (Peanut butter). (c) substitute the existing tariff rates for various lengths of cigarettes and cigars of heading 2402 with the enhanced rates. (d) enhance the tariff rate of specified tariff items of heading ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . ELECTRONICS/HARDWARE: 1) Excise duty on mobile phones of retail sale price exceeding Rs 2000/- is being increased from 1% to 6%. VIII. MISCELLANEOUS: 1) Excise duty on cigarettes is being increased by about 18% on all cigarettes except cigarettes of length not exceeding 65 mm. Cigars and cigarillos duty is also being similarly raised. 2) Excise duty on marble tiles and slabs is being increased from Rs 30 per sq. mtr to Rs 60 per sq. mtr. 3) Full exemption from excise duty is being provided to intermediate goods manufactured and consumed captively by exempted units under Area Based Exemption Scheme in Himachal Pradesh and Uttarakhand. SERVICE TAX I. AMENDMENTS PROPOSED IN CHAPTER V OF THE FINANCE ACT, 1994: Chapter V of the Finance Act, 1994, is being amended:- (i) Definition of 'approved vocational education course' provided in section 65B (11) is being amended: firstly, the words, 'or State Council of Vocational Training' (SCVT) is being inserted in (i), and secondly, entry at item serial number (iii) is being omitted, for NSDC is not an affiliating body. After the proposed amendment takes effect, courses in 'designated trades' offered by Industrial Training In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r permit the filing of memorandum of cross objections after the expiry of the relevant period; (ix) Section 89 is being amended: (i) in the case of an offence specified in clauses (a), (b) and (c ) of sub-section (1) where the amount exceeds fifty lakh rupees, punishment shall be for a term which may extend to three years, but shall not, in any case, be less than six months; (ii) in the case of failure to pay service tax collected, to the credit of the Central Government within six months, an offence specified in section 89(1)(d), if such non-payment exceeds fifty lakh rupees, punishment shall be imprisonment for a term which may extend upto seven years but not less than six months; (iii) in the case of any other offence, the punishment shall be imprisonment for a term which may extend to one year; (x) Section 90 is being introduced to specify and differentiate cognizable offences from non-cognizable and bailable offences; (xi) Section 91 is being introduced to provide for power to arrest; Commissioner of Central Excise is empowered to authorize any officer of Central Excise not below the rank of Superintendent of Central Excise, to arrest a person for specified offences part ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by an educational institution by way of renting of immovable property. * Temporary transfer or permitting the use or enjoyment of a copyright relating to cinematographic films was fully exempt so far; now, this exemption will be restricted to exhibition of cinematograph films in a cinema hall or a cinema theatre. * Services by way of vehicle parking to general public. * Services provided to Government, a local authority or a governmental authority, by way of repair or maintenance of aircraft. V. AMNESTY SCHEME FOR NON FILERS AND STOP FILERS : To encourage voluntary compliance and broaden the tax base, it is proposed to provide one time amnesty by way of (i) waiver of interest and penalty; and (ii) immunity from prosecution, to the stop filers, non-filers or non-registrants or service providers (who have not disclosed true liability in the returns filed by them during the period from October 2007 to December 2012) who pay the "tax dues". Details of the scheme are available in Chapter VI of the Finance Bill, 2013. The scheme will be operational from the date on which the Finance Bill, 2013 receives the assent of the President. VI. ADVANCE RULING: Scope of advance rul ..... X X X X Extracts X X X X X X X X Extracts X X X X
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