Budget Notifications at a glance

SERVICE TAX NOTIFICATIONS – 2010.

Service Tax  Notification No.

Subject

2/2010-ST dated 27.02.2010

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.

Subject

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.

17/2010-CE dated 27.02.2010

Supersedes Notification No.22/2009CE dt.7.07.2009.

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

Subject

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 Board’s Circular 120/2010-ST dt.19.01.2010 Form prescribed in the Board’s 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.

Date

Subject

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 manufacturer’s or refiner’s 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 manufacturer’s or refiner’s 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.

Date

Subject

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