Bill No. 17 of 2023
EXTRACT OF THE FINANCE BILL, 2023 FOR Customs
A
BILL
to give effect to the financial proposals of the Central Government for the financial year 2023-2024.
BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:-
CHAPTER I
PRELIMINARY
1. Short title and commencement.
(1) This Act may be called the Finance Act, 2023.
(2) Save as otherwise provided in this Act, sections 2 to 122 shall come into force on the 1st day of April, 2023.
CHAPTER IV
INDIRECT TAXES
Customs
123. Amendment of section 25.
In the Customs Act, 1962 (52 of 1962.) (hereinafter referred to as the Customs Act), in section 25, in sub-section (4A), after the proviso, the following proviso shall be inserted, namely:--
"Provided further that nothing contained in this subsection shall apply to any such exemption granted to, or in relation to,--
(a) any multilateral or bilateral trade agreement;
(b) obligations under international agreements, treaties, conventions or such other obligations including with respect to United Nations agencies, diplomats and international organisations;
(c) privileges of constitutional authorities;
(d) schemes under the Foreign Trade Policy;
(e) the Central Government schemes having validity of more than two years;
(f) re-imports, temporary imports, goods imported as gifts or personal baggage;
(g) any duty of customs under any law for the time being in force, including integrated tax leviable under sub-section (7) of section 3 of the Customs Tariff Act,1975 (51 of 1975.), other than duty of customs leviable under section 12.".
124. Amendment of section 127C.
In the Customs Act, in section 127C, after sub-section (8), the following sub-section shall be inserted, namely: -
"(8A) The order under sub-section (5) shall be passed within a period of nine months from the last day of the month in which the application under section 127B is made, and if, no order is passed within the said period, the settlement proceedings shall abate, and the adjudicating authority before whom the proceeding at the time of making the application was pending shall dispose of the application in accordance with the provisions of this Act as if no application under the said section had been made:
Provided that the period specified under this sub-section may, for reasons to be recorded in writing, be extended by the Settlement Commission for a further period not exceeding three months:
Provided further that in respect of any application pending under sub-section (5) as on the date on which the Finance Bill, 2023 receives the assent of the President, the said period of nine months shall be reckoned from the date on which the said Finance Bill receives the assent of the President.".
Customs tariff
125. Amendment of sections 9, 9A and 9C.
In the Customs Tariff Act, 1975 (51 of 1975.), (hereinafter referred to as the Customs Tariff Act), with effect from the 1st day of January, 1995,-
(i) in section 9,-
(a) in sub-section (6), in the first proviso, for the words "in a review", the words "on consideration of a review" shall be substituted;
(b) in sub-section (7), the words "and determined" shall be omitted;
(ii) in section 9A,-
(a) in sub-section (5), in the first proviso, for the words "in a review", the words "on consideration of a review" shall be substituted;
(b) in sub-section (6), the words "and determined" shall be omitted;
(iii) in section 9C,-
(a) in sub-section (1), the words "order of" shall be omitted;
(b) in sub-section (2), for the word "order", the words "determination or review" shall be substituted;
(c) in sub-section (3), for the word "order", the words "determination or review" shall be substituted;
(d) after sub-section (5), the following Explanation shall be inserted, namely:- 'Explanation.-For the purposes of this section, "determination" or "review" means the determination or review done in such manner as may be specified in the rules made under sections 8B, 9, 9A and 9B.'.
126. Amendment of First Schedule.
In the Customs Tariff Act (51 of 1975), the First Schedule shall--
(a) be amended in the manner specified in the Second Schedule;
(b) be also amended in the manner specified in the Third Schedule;
(c) with effect from the 1st May, 2023, be also amended in the manner specified in the Fourth Schedule.
127. Amendment of Second Schedule.
In the Customs Tariff Act, the Second Schedule shall, with effect from the 1st May, 2023, be amended in the manner specified in the Fifth Schedule.
THE SECOND SCHEDULE
[See section 126 (a)]
In the First Schedule to the Customs Tariff Act,-
(1) in Chapter 29,-
(i) for the entry in column (4) occurring against tariff item 2902 50 00, the entry "2.5%" shall be substituted;
(ii) for the entry in column (4) occurring against tariff item 2903 21 00, the entry "2.5%" shall be substituted;
(2) in Chapter 40, for the entry in column (4) occurring against all the tariff items of heading 4005, the entry "25% or Rs. 30 per kg., whichever is lower" shall be substituted;
(3) in Chapter 71,-
(i) for the entry in column (4) occurring against all the tariff items of headings 7113 and 7114, the entry "25%" shall be substituted;
(ii) for the entry in column (4) occurring against all the tariff items of heading 7117, the entry "25% or Rs. 600 per kg., whichever is higher" shall be substituted;
(4) in Chapter 84, for the entry in column (4) occurring against tariff item 8414 60 00, the entry "15%" shall be substituted;
(5) in Chapter 87, for the entry in column (4) occurring against tariff item 8712 00 10, the entry "35%" shall be substituted;
(6) in Chapter 95, for the entry in column (4) occurring against all the tariff items of heading 9503, the entry "70%" shall be substituted.
THE THIRD SCHEDULE
[See section 126 (b)]
(1) in Chapter 40, for the entry in column (4) occurring against tariff item 4011 30 00, the entry "2.5%" shall be substituted;
(2) in Chapter 71,-
(i) for the entry in column (4) occurring against all the tariff items of heading 7106, the entry "10%" shall be substituted;
(ii) for the entry in column (4) occurring against tariff item 7107 00 00, the entry "10%" shall be substituted;
(iii) for the entry in column (4) occurring against all the tariff items of heading 7108, the entry "10%" shall be substituted;
(iv) for the entry in column (4) occurring against tariff item 7109 00 00, the entry "10%" shall be substituted;
(v) for the entry in column (4) occurring against tariff items 7110 11 10, 7110 11 20, 7110 19 00, 7110 21 00, 7110 29 00, 7110 41 00 and 7110 49 00, the entry "10%" shall be substituted;
(vi) for the entry in column (4) occurring against tariff item 7111 00 00, the entry "10%" shall be substituted;
(vii) for the entry in column (4) occurring against all the tariff items of heading 7112, the entry "10%" shall be substituted;
(viii) for the entry in column (4) occurring against all the tariff items of heading 7118, the entry "10%" shall be substituted;
(3) in Chapter 88, for the entry in column (4) occurring against tariff items 8802 20 00, 8802 30 00 and 8802 40 00, the entry "2.5%" shall be substituted;
(4) in Chapter 98,-
(a) in heading 9801, in column (2),-
(i) for item (3), the following item shall be substituted, namely:-
"(3) Power project, other than solar power plant or solar power project";
(ii) in item (6), for the words "Such other projects", the words "Such other projects, other than solar power plant or solar power project," shall be substituted;
(b) in sub-heading 9801 00, in column (2),-
"(3) power project, other than solar power plant or solar power project";
(ii) in item (6), for the words "such other projects", the words "such other projects, other than solar power plant or solar power project," shall be substituted;
(c) for the entry in column (2) occurring against tariff item 9801 00 13, the following entry shall be substituted, namely:-
"---- For power project, other than solar power plant or solar power project";
(d) for the entry in column (2) occurring against tariff item 9801 00 19, the following entry shall be substituted, namely:-
"---- For other projects, other than solar power plant or solar power project".
THE FOURTH SCHEDULE
[See section 126 (c)]
(1) in the General Explanatory Notes, in paragraph 1, after the portion beginning with the words 'Where the description of an article or group of articles' and ending with the words 'the article or group of articles which has "-" or "--".', the following shall be inserted, namely:-
'Where the description of an article or group of articles is preceded by "----", 'in addition to being a sub-classification of "-" or "--", the said article or group of articles may also be taken to be a sub-classification of the immediately preceding description of the article or group of articles which has "---".';
(2) for the List of Abbreviations Used, the following shall be substituted, namely:-
"LIST OF ABBREVIATIONS USED
%
(4)
(5)
(3) in Chapter 3,-
(i) in heading 0302,-
(a) for sub-heading 0302 91, tariff item 0302 91 10 and the entries relating thereto, the following shall be substituted, namely:-
30%
(b) for sub-heading 0302 92, tariff item 0302 92 10 and the entries relating thereto, the following shall be substituted, namely:-
(ii) in heading 0303, for sub-heading 0303 92, tariff item 0303 92 10 and the entries relating thereto, the following shall be substituted, namely:-
(iii) in heading 0307, after tariff item 0307 43 30 and the entries relating thereto, the following
shall be inserted, namely:-
(iv) in heading 0308, after tariff item 0308 30 20 and the entries relating thereto, the following shall be inserted, namely:-
(4) in Chapter 4, in heading 0406, for tariff item 0406 10 00 and the entries relating thereto, the following shall be substituted, namely:-
(5) in Chapter 9, in heading 0910, for tariff items 0910 99 29 to 0910 99 39 and the entries relating thereto, the following shall be substituted, namely:-
(6) in Chapter 10, in heading 1008,-
(i) after tariff item 1008 21 30 and the entries relating thereto, the following shall be inserted, namely:-
50%
133
(ii) after tariff item 1008 29 30 and the entries relating thereto, the following shall be inserted, namely:-
(7) in Chapter 12, in heading 1211, for sub-heading 1211 90, tariff items 1211 90 11 to 1211 90 99 and the entries relating thereto, the following shall be substituted, namely:-
(8) In Chapter 13,-
(i) in the Note, in clause (g), for the brackets, word and figures "(heading 3006)", the brackets, word and figures "(heading 3822)" shall be substituted;
(ii) in heading 1302,-
(a) for tariff item 1302 32 30 and the entries relating thereto, the following shall be substituted, namely:-
(b) tariff item 1302 32 40 and the entries relating thereto shall be omitted;
(c) for tariff item 1302 39 00 and the entries relating thereto, the following shall be substituted, namely:-
(9) in Chapter 19, in heading 1904, for tariff item 1904 20 00 and the entries relating thereto, the following shall be substituted, namely:-
(11) in Chapter 29,-
(i) in heading 2916, after tariff item 2916 20 10 and the entries relating thereto, the following shall be inserted, namely:-
(ii) in heading 2924, after tariff item 2924 29 60 and the entries relating thereto, the following shall be inserted, namely:-
(iii) in heading 2930,-
(a) for tariff item 2930 20 00 and the entries relating thereto, the following shall be substituted namely:-
7.5%
(b) after tariff item 2930 90 91 and the entries relating thereto, the following shall be inserted, namely:
(iv) in heading 2931, after tariff item 2931 49 20 and the entries relating thereto, the following shall be inserted, namely:-
(v) in heading 2932, after tariff item 2932 99 10 and the entries relating thereto, the following shall be inserted, namely:-
(vi) in heading 2933,-
(a) after tariff item 2933 29 50 and the entries relating thereto, the following shall be inserted, namely:-
(b) after tariff item 2933 39 16 and the entries relating thereto, the following shall be inserted, namely:-
(c) for tariff item 2933 39 19 and the entries relating thereto, the following shall be substituted, namely:-
(d) after tariff item 2933 59 40 and the entries relating thereto, the following shall be inserted, namely:-
(e) after tariff item 2933 99 10 and the entries relating thereto, the following shall be inserted, namely:-
(vii) in heading 2934, after tariff item 2934 99 20 and the entries relating thereto, the following shall be inserted, namely:-
(viii) in heading 2935, for tariff item 2935 50 00 and the entries relating thereto, the following shall be substituted, namely:-
(i) after Note 6, the following Supplementary Note shall be inserted, namely:-
"Supplementary Note :
(1) In this Chapter, reference to any standard of the Bureau of Indian Standards refers to the last published version of that standard.
Illustration : IS 1459 refers to IS 1459: 2018 and not to IS 1459: 1974.";
(ii) in heading 3102, for tariff item 3102 10 00 and the entries relating thereto, the following shall be substituted, namely:-
10%
(13) in Chapter 38,-
(i) after Sub-heading Note 4, the following Supplementary Notes shall be inserted, namely:
"Supplementary Notes:-
1. Tariff item 3808 91 41 covers one of the following goods of sub-heading 3808 91 : Acephate (ISO) conforming to IS-12915; Cartap Hydrochloride (ISO) conforming to IS-14159; Imidachloprid (ISO) conforming to IS-15443; Acetamiprid (ISO) conforming to IS-15981.
2. Tariff item 3808 91 42 covers one of the following goods of sub-heading 3808 91 with content by mass greater than 90% : Chlorentraniliprole (ISO); Buprofezin (ISO); Flubendiamide (ISO); Imamectin Benzoate (ISO).
3. Tariff item 3808 91 51 covers only mixtures and preparations of goods of sub-heading 3808 91, containing one or more of the following : Acephate (ISO) conforming to IS-12916; Cartap Hydrochloride (ISO) conforming to IS-14183; Imidachloprid (ISO) conforming to IS-15335; Acetamiprid (ISO) conforming to IS-16328.
4. Tariff item 3808 91 52 covers only mixtures and preparations of goods of sub-heading 3808 91 with content by mass greater than 90%, containing one or more of the following : Chlorentraniliprole (ISO); Buprofezin (ISO); Flubendiamide (ISO); Imamectin Benzoate (ISO).
5. Tariff item 3808 92 60 covers one of the following goods of sub-heading 3808 92 : Carbendazim (ISO) conforming to IS-8445.
6. Tariff item 3808 92 70 covers only mixtures and preparations of goods of sub-heading 3808 92, containing one or more of the following : Carbendazim (ISO) conforming to IS-8446.
7. Tariff item 3808 93 61 covers one of the following goods of sub-heading 3808 93 : Pretilachlor (ISO) conforming to IS-15158; Glyphosate (ISO) conforming to IS-12502.
8. Tariff item 3808 93 62 covers one of the following goods of sub-heading 3808 93 with content by mass greater than 90% : Bispyribac sodium (ISO); Imazethapyr (ISO).
9. Tariff item 3808 93 71 covers only mixtures and preparations of goods of sub-heading 3808 93, containing one or more of the following : Pretilachlor (ISO) conforming to IS-15160.
10. Tariff item 3808 93 72 covers only mixtures and preparations of goods of sub-heading 3808 93 with content by mass greater than 90%, containing one or more of the following : Bispyribac sodium (ISO); Imazethapyr (ISO).";
(ii) in heading 3808,-
(a) after tariff item 3808 91 37 and the entries relating thereto, the following shall be inserted, namely:-
(b) after tariff item 3808 92 50 and the entries relating thereto, the following shall be inserted, namely:-
(14) in Chapter 39, in heading 3915, after tariff item 3915 90 75 and the entries relating thereto, the following shall be inserted, namely:-
(15) in Chapter 48, in heading 4811, for tariff item 4811 90 94 and the entries relating thereto, the following shall be substituted, namely:-
(16) in Chapter 52, in heading 5201, for tariff item 5201 00 20 and the entries relating thereto, the following shall be substituted, namely:-
5%
(17) in Chapter 54, in heading 5402,-
(i) for tariff item 5402 11 10 and the entries relating thereto, the following shall be substituted, namely:-
(ii) for sub-heading 5402 59, tariff item 5402 59 90 and the entries relating thereto, the following shall be substituted, namely:-
(18) in Chapter 57, in heading 5702, after tariff item 5702 39 20 and the entries relating thereto, the following shall be inserted, namely:-
20%
(19) in Chapter 61, in heading 6115, for sub-heading 6115 21 and the entries relating thereto, the following shall be substituted, namely:-
(20) in Chapter 62,-
(i) in heading 6213,-
(a) for the entry in column (2) occurring against sub-heading 6213 90, the following shall be substituted, namely:-
(b) for the entry in column (2) occurring against tariff item 6213 90 90, the following shall be substituted, namely:-
(ii) in heading 6217,-
(a) for the entry in column (2) occurring against tariff item 6217 10 10, the following shall be substituted, namely:-
(b) for the entry in column (2) occurring against tariff item 6217 10 20, the following shall be substituted, namely:-
(c) for the entry in column (2) occurring against tariff item 6217 10 30, the following shall be substituted, namely:-
(d) for the entry in column (2) occurring against tariff item 6217 10 40, the following shall be substituted, namely:-
(e) for the entry in column (2) occurring against tariff item 6217 10 50, the following shall be substituted, namely:-
(f) for the entry in column (2) occurring against tariff item 6217 10 60, the following shall be substituted, namely:-
(g) for the entry in column (2) occurring against tariff item 6217 10 70, the following shall be substituted, namely:-
(21) in Chapter 63,-
(i) in heading 6301, for the entry in column (2) occurring against tariff item 6301 20 00, the following shall be substituted, namely:-
(ii) in heading 6304, for the entry in column (2) occurring against tariff item 6304 20 00, the following shall be substituted, namely:-
(iii) in heading 6310, for tariff items 6310 10 90 to 6310 90 10 and the entries relating thereto, the following shall be substituted, namely:-
(22) in Chapter 69,-
(i) in Note 1, in introductive sentence, for the word "shaping:", the word "shaping :" shall be substituted;
(ii) in heading 6907, for sub-heading 6907 30, tariff item 6907 30 10, sub-heading 6907 40, tariff item 6907 40 10 and the entries relating thereto, the following shall be substituted, namely:-
15%
(23) in Chapter 71,-
(i) after Sub-heading Note 3, the following Supplementary Note shall be inserted, namely:
"Supplementary Note:
For the purposes of heading 7104, "Diamonds" means-
(a) chemically produced stones which have essentially the same chemical composition and crystal structure as a particular natural diamond and are produced using various methods including High Pressure High Temperature method (HPHT) and Chemical Vapour Deposition method (CVD); or
(b) stones obtained artificially by various means, e.g., agglomerating, pressing or fusing together (usually with the aid of a blow pipe) fragments of natural diamonds which have generally been reduced to a powder.";
(ii) in heading 7104,-
(a) for tariff item 7104 21 00 and the entries relating thereto, the following shall be substituted, namely:-
(b) for tariff item 7104 91 00 and the entries relating thereto, the following shall be substituted, namely:-
(iv) in heading 7113,-
(a) for tariff items 7113 11 20 and 7113 11 30 and the entries relating thereto, the following shall be substituted, namely:-
25%
(b) for tariff items 7113 19 10 to 7113 19 50 and the entries relating thereto, the following shall be substituted, namely:-
(24) in Chapter 84,-
(i) in heading 8414, for tariff item 8414 10 00 and the entries relating thereto, the following shall be substituted, namely:-
(a) for tariff items 8419 50 10 to 8419 50 90 and the entries relating thereto, the following shall be substituted, namely:-
(25) in Chapter 85,-
(i) in heading 8517,-
(a) for the entry in column (2) occurring against tariff item 8517 62 30, the following shall be substituted, namely:-
(b) tariff item 8517 62 40 and the entries relating thereto shall be omitted;
(c) for the entry in column (2) occurring against tariff item 8517 62 70, the following shall be substituted, namely:-
(d) in sub-heading 8517 69,-
(A) tariff item 8517 69 50 and the entries relating thereto shall be omitted;
(B) for the entry in column (2) occurring against tariff item 8517 69 60, the following shall be substituted, namely:-
(ii) for heading 8524, tariff items 8524 11 00 to 8524 99 00 and the entries relating thereto, the following shall be substituted, namely:
(26) in Chapter 87, in heading 8704, after tariff item 8704 10 10 and the entries relating thereto, the following shall be inserted, namely:-
40%
THE FIFTH SCHEDULE
(See section 127)
In the Second Schedule to the Customs Tariff Act, for serial numbers 8 and 9 and the entries relating thereto, the following serial numbers and entries shall be substituted, namely :-
9.