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Cenvat Credit - Supply to SEZ - Amendment to rule 6 - whether retrospective or prospective - the amendment is clarificatory in nature - held as retrospective - HC Rebate claims under Rule 18 - Export - original and duplicate copies of the ARE-1 forms were lost by their CHA and the Petitioner had lodged an FIR - all other conditions met - rebate allowed - HC Levy of service tax - The petitioner has adopted a non-cooperative attitude and collected mob on the spot and sensitized them of the requirement of law and threatened the officers, while the search continued. - against the assessee. - HC Levy of service tax on packaging activity - palletizing of cargo for export - the packing done by the appellant forming part of “cargo handling service” is not the type of packing referred to in sub-section (76b). - HC Additions u/s 68 - AO could not shift the burden back onto the Assessee Company without producing any tangible material to doubt the veracity of the documents furnished by the assessee. - HC MAT - for computation of adjusted book profit, the provisions of sec.14A cannot be imported into clause (f) of the Explanation to sec. 115JB. - Tri Registration u/s 12A cancelled - After insertion of proviso to section 2(15) the assessee has lost its character of charitable organization. The assessee is a service provider. Against assessee. - Tri Entitlement for Registration under Section 12AA - Since the object of the assessee society is only to benefit a particular community, primarily, Telugu Beri Vysia community and for performance of similar functions by other Hindus, the Tribunal rightly dismissed the appeal - HC Addition - Mere disparity in the consumption of electricity could not be a reason for estimating higher turnover as the production depends upon various factors. - Tri Forward contract cancellation loss - whether be treated as business loss - held yes since it is not a speculation transaction - HC A shareholder holding only 0.001% shares cannot be permitted to hold the company to ransom where 99% of the shareholders have accepted the scheme and the majority of the remaining shareholder comprising 1% have accepted the scheme and taken the moneys in lieu of their shares. - HC Demand of duty – Suo-moto credit taken by appellant - the amount paid by mistake cannot be termed as duty in the case on hand - demand set aside. - Tri Import of IPR - Duty of customs or service tax - Import of imported drawings and designs along with the plant and machinery and capital goods - levy of service tax upheld - Tri Process of electroplating - process undertaken by the appellant amounts to manufacture and therefore they are not liable to pay service tax - Tri Appropriate rate of tax - Works Contract Service - 4% or 2% - the applicable rate of tax would be the rate which was prevalent prior to 01.03.2008 - instruction dated 28.04.2008 is invalid - HC Section 40(a) (ia) would cover not only to the amounts which are payable as on 31th March of a particular year but also which are payable at any time during the year. - HC The proceedings in the Parliament, its debates and even the speeches made by the proposer of a bill are ordinarily not considered as relevant or safe tools for interpretation of a statute. - HC Disallowance u/s 40(a)(ia) - TDS - the decision of the Tribunal in the case of M/s. Merilyn Shipping & Transports vs. ACIT (2012 (4) TMI 290 - ITAT VISAKHAPATNAM), does not lay down correct law - HC    Left Stop Right
ITC- HS - Classification Code / Import Policy

SCHEDULE 1 – IMPORT POLICY

Explanatory Note for Row and Column Description of this Schedule

     
    Click Here for Section Notes
    Click here for Appendix
Chapter_No.   Title
  LIVE ANIMALS; ANIMAL PRODUCTS
  MEAT AND EDIBLE MEAT OFFAL
  FISH AND CRUSTCEANS, MOLLUSCS AND OTHER AQATIC INVERTEBRATES
  Dairy produce; bird's eggs; natural honey; edible products of animal origin, not elsewhere specified or included
  PRODUCTS OF ANIMAL ORIGIN, NOT ELSEWHERE SPECIFIED OR INCLUDED
  Live trees and other plants; bulbs, roots and the like; cut flowers and ornamental foliage
  EDIBLE VEGETABLES AND CERTAIN ROOTS AND TUBERS
  EDIBLE FRUIT AND NUTS; PEEL OF CITRUS FRUIT OR MELONS
  COFFEE, TEA, MATE AND SPICES
  CEREALS
  Products of the milling industry; malt; starches; inulin; wheat gluten
  OIL SEEDS AND OLEAGINOUS FRUITS; MISCELLANEOUS GRAINS, SEEDS AND FRUIT; INDUSTRIAL OR MEDICINAL PLANTS;STRAW AND FODDER
  LAC; GUMS, RESINS AND OTHER VEGETABLE SAPS AND EXTRACTS
  VEGETABLE PLAITING MATERIALS; VEGETABLE PRODUCTS NOT ELSEWHERE SPECIFIED OR INCLUDED
  ANIMAL OR VEGETABLE FATS AND OILS AND THEIR CLEAVAGE PRODUCTS; PREPARED EDIBLE FATS; ANIMAL OR VEGETABLE WAXES
  Preparation of meat, of fish or of crustaceans, molluscs or other aquatic invertebrates
  SUGARS AND SUGAR CONFECTIONERY
  COCOA AND COCOA PREPARATIONS
  PREPARATIONS OF CEREALS, FLOUR, STARCH OR MILK; PASTRYCOOKS’ PRODUCTS
  PREPARATIONS OF VEGETABLES, FRUIT,NUTS OR OTHER PARTS OF PLANTS
  MISCELLANEOUS EDIBLE PREPARATIONS
  BEVERAGES, SPIRITS AND VINEGAR
  RESIDUES AND WASTE FROM THE FOOD INDUSTRIES; PREPARED ANIMAL FODDER
  TOBACCO AND MANUFACTURED TOBACCO SUBSTITUTES
  SALT; SULPHUR; EARTHS AND STONE; PLASTERING MATERIALS, LIME AND CEMENT
  ORES, SLAG AND ASH
  MINERAL FUELS, MINERAL OILS AND PRODUCTS OF THEIR DISTILLATION; BITUMINOUS SUBSTANCES; MINERAL WAXES
  INORGANIC CHEMICALS; ORGANIC OR INORGANIC COMPOUNDS OF PRECIOUS METALS, OF RARE-EARTH METALS, OF RADIOACTIVE ELEMENTS OR OF ISOTOPES
  Organic Chemicals
  Pharmaceutical Products
  Fertilisers
  Tanning or dyeing extracts; tannins and their derivatives; dyes, pigments and other colouring matter; paints and varnishes; putty and other mastics; inks
  Essential oils and resinoids; perfumery, cosmetic or toilet preparations
  Soap organic surface-active agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, polishing or scouring preparations, candles and similar articles, modelling pastes, “dental waxes” and dental preparations with a basis of plaster
  Albuminoidal substances; modified starches; glues; enzymes
  Explosives; pyrotechnic products; matches; pyrophoric alloys; certain combustible preparations
  PHOTOGRAPHIC OR CINEMATOGRAPHIC GOODS
  Miscellaneous chemical products
  PLASTICS AND ARTICLES THEREOF
  Rubber And Articles Thereof
  Raw hides and skins (other than furskins) and leather
  ARTICLES OF LEATHER; SADDLERY AND HARNESS, TRAVEL GOODS, HANDBAGS AND SIMILAR CONTAINERS; ARTICLES OF ANIMAL GUT
  Furskins and artificial fur, manufactures thereof
  Wood and articles of wood; wood charcoal
  CORK AND ARTICLES OF CORK
  Manufactures of straw, of esparto or of other plaiting materials; basketware and wickerwork
  Pulp of wood or of other fibrous cellulosic material; recovered (waste and scrap) paper or paper board
  Paper and paperboard; articles of paper pulp, of paper or of paperboard
  Printed books, newspaper, pictures and other products of the printing industry; manuscripts, typescripts and plans
  SILK
  Wool, fine or coarse animal hair; horsehair yarn and woven fabric
  COTTON
  Other vegetable textile fibres; paper yarn and woven fabrics of paper yarn
  Filaments Man-made
  Man-made staple fibres
  Wadding, felt and nonwovens; special yarns; twine, cordage, ropes and cables and articles thereof
  Carpets and other textile floor coverings
  Special woven fabrics; tufted textile fabrics; lace; tapestries; trimmings; embroidery
  Impregnated, coated, covered or laminated textile fabrics; textile articles of a kind suitable for industrial use
  Knitted or crocheted fabrics
  Articles of Apparel And Clothing Accessories, Knitted or Crocheted
  Articles Of Apparel And Clothing Accessories, Not Knitted Or Crocheted
  OTHER MADE UP TEXTILE ARTICLES; SETS; WORN CLOTHING AND WORN TEXTILE ARTICLES; RAGS
  FOOTWEAR, GAITERS AND THE LIKE; PARTS OF SUCH ARTICLES
  HEADGEAR AND PARTS THEREOF
  UMBRELLAS, SUN UMBRELLAS, WALKING-STICKS, SEAT-STICKS, WHIPS, RIDING CROPS AND PARTS THEREOF
  PREPARED FEATHERS AND DOWN AND ARTICLES MADE OF FEATHERS OR OF DOWN; ARTIFICIAL FLOWERS; ARTICLES OF HUMAN HAIR
  Articles of Stone, Plaster, Cement, Asbestos, Mica or Similar Materials; Ceramic Products; Glass and Glassware
  CERAMIC PRODUCTS
  GLASS AND GLASSWARE
  Natural or Cultured Pearls, Precious or Semi-Precious Stones, Precious Metal, metals clad with Precious Metal and Articles thereof;Imitation Jewellery; Coin
  IRON AND STEEL
  Articles of Iron or Steel
  Copper and articles thereof
  Nickel and articles thereof
  Aluminium and articles thereof
  Blank
  Lead and articles thereof
  Zinc and articles thereof
  Tin and articles thereof
  Other base metals; cermets; articles thereof
  Tools, implements, cutlery, spoons and forks, of base metal; parts thereof of base metal
  Miscellaneous articles of base metal
  NUCLEAR REACTORS, BOILERS, MACHINERY AND MECHANICAL APPLIANCES; PARTS THEREOF
  ELECTRICAL MACHINERY AND EQUIPMENT AND PARTS THEREOF; SOUND RECORDERS AND REPRODUCERS, TELEVISION IMAGE AND SOUND RECORDERS AND REPRODUCERS AND PARTS AND ACCESSORIES OF SUCH ARTICLES
  RAILWAY OR TRAMWAY LOCOMOTIVES, ROLLING-STOCK AND PARTS THEREOF;RAILWAY OR TRAMWAY TRACK FIXTURES AND FITTINGS AND PARTS THEREOF;MECHANICAL (INLCUDING ELECTRO-MECHANICAL)
  VEHICLES OTHER THAN RAILWAY OR TRAMWAY ROLLING - STOCK, AND PARTS AND ACCESSORIES THEREOF
  AIRCRAFT, SPACECRAFT AND PARTS THEREOF
  SHIPS, BOATS AND FLOATING STRUCTURES
  OPTICAL, PHOTOGRAPHIC, CINEMATOGRAPHIC, MEASURING, CHECKING, PRECISION, MEDICAL OR SURGICAL INSTRUMENTS AND APPARATUS; PARTS AND ACCESSORIES THEREOF
  CLOCKS AND WATCHES AND PARTS THEREOF
  MUSICAL INSTRUMENTS; PARTS AND ACCESSORIES OF SUCH ARTICLES
  ARMS AND AMMUNITION; PARTS AND ACCESSORIES THEREOF
  FURNITURE; BEDDING, MATTRESSES, MATTRESS SUPPORTS, CUSHIONSAND SIMILAR STUFFED FURNISHING; LAMPS AND LIGHTING FITTINGS, NOT ELSEWHERE SPECIFIED OR INCLUDED; ILLUMINATED SIGNS, ILLUMINATED NAME-PLATES AND THE LIKE; PREFABRICATED BUILDING
  Toys, games and sports requisites; parts and accessories thereof
  MISCELLANEOUS MANUFACTURED ARTICLES
  WORKS OF ART, COLLECTORS' PIECES AND ANTIQUES
  PROJECT IMPORTS; LABORATORY CHEMICALS; PASSENGERS' BAGGAGE,PERSONAL IMPLEMENTATIONS BY AIR OR POST; SHIP STORES
     
This Schedule is organised as under:

1. The titles of Sections, Chapters and Sub-chapters are provided for ease of reference only.

2. In an eight digit EXIM Code, the first two digits represent the Chapter, followed by two digit for the Heading, two digits for Sub-heading and another two digit developed in India under the common classification system for the Item.

3. In this Schedule, the meanings of Heading, Sub-heading and Items are as under:

a. “Heading”, in respect of goods, means a description in list of this Schedule accompanied by a four-digit number and includes all sub-headings of items the first four-digits of which correspond to that number;

b. “Sub-heading”, in respect of goods, means a description in the list of this Schedule accompanied by a six-digit number and includes all items the first six-digits of which correspond to that number;

c. “Item Description” means a description of goods in the list of this Schedule accompanying eight digit EXIM Code as given in the Column 2.

4. Each Chapter contains number of rows and each row is divided into four columns.

5. The column name and their descriptions are given in the table below:

Column No.

Column Name

Column Description

1.

EXIM Code

First Column gives the ITC HS Code, also called as EXIM Code. The six digit code and product description corresponds exactly with the six digit World Customs Organisation.

2.

Item Description

This column contains the ITC (HS) description against the respective codes. Some adaptations have been made in the descriptions to comply with existing import policy.

3.

Policy:

This Column gives the Import Policy regime applicable on the item. Generally, the Import Policy regime is one of the following.

Prohibited

Import of items is not permitted.

Restricted

Import of items is permitted under an Import Licence / Authorisation / Permission granted by the DGFT. Application for import of ‘Restricted’ items may be made in ANF 2B, as per details policy / procedure prescribed in Chapter 2 of FTP and HBPv1.

STE

Import of items allowed only through specified State Trading Enterprises (STEs) subject to specific conditions laid out in the FTP and also Para 2.11 of the Foreign Trade Policy/ Handbook of Procedures.

Free

Import of items which do not require any Licence / Authorisation / Permission from the DGFT have been denoted as ‘Free’. Some items are subject to the Policy Conditions contained in the relevant chapter/heading/sub-heading or as may have been indicated under column 4 mentioning conditions relating to the policy and is also subject to any other law for the time being in force.

4.

Policy Condition

The precise restrictions are detailed in this column, wherever possible. In other cases, the details of the conditions and restrictions are given at the end of the Chapter in the form of Policy Conditions of this Chapter. The intention of incorporating this column is solely and exclusively to make this Schedule self-contained and user friendly. However, this does not imply that there may be no other conditions applicable on imports.

 

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