Indirect Tax updates of January 12 for easy digest

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  • Notification: Central Excise:
  1. Notification under Section 11C of the Central Excise Act (Power not to recover duty of excise not levied or short-levied as a result of general practice) on Plain (un-modified) Tamarind Kernel Powder

The Central Government informs that according to a practice that was generally prevalent regarding levy of duty of excise (including non- levy thereof) under Section 3 of the Central Excise Act, 1944 (“the Central Excise Act”) on Plain (Un- modified) Tamarind Kernel Powder falling under heading 1302 of the First Schedule to the Central Excise Tariff Act, 1985 and according to said practice, no duty of excise was leviable from July 19, 2011 to July 18, 2016 on the said goods.    

Now, the Central Government vide Notification No. 01/2017 – Central Excise (N.T) dated January 11, 2017 has in exercise of powers conferred by Section 11C of the Central Excise Act (Power not to recover duty of excise not levied or short-levied as a result of general practice) directed that no Excise duty is required to be paid on Plain (Un-modified) Tamarind Kernel Powder on which the said duty of excise was not levied during the above said period for the practice prevalent.

Read more at: http://www.cbec.gov.in/resources//htdocs-cbec/excise/cx-act/notifications/notfns-2017/cx-nt2017/cent01-2017.pdf

  • Notification: Customs:

Levy of Provisional Anti-Dumping Duty on Colour coated/pre-painted flat products of alloy or non-alloy steel originating in or exported from People’s Republic of China and European Union for a period of not exceeding 6 months

The Central Government vide Notification No. 02/2017 – Customs(ADD) dated  January 11, 2017 has imposed provisional Anti-Dumping Duty on “Colour coated / pre-painted flat products of alloy or non-alloy steel”,  falling under Tariff headings 7210, 7212, 7225 and 7226 of the First Schedule to the Customs Tariff Act, 1975, originating in, or exported from People’s Republic of China and European Union and imported into India, for a period of exceeding 6 months from the date of publication of this notification.

Read More at: http://www.cbec.gov.in/resources//htdocs-cbec/customs/cs-act/notifications/notfns-2017/cs-add2017/csadd02-2017.pdf

  • Public Notice: FTP:

Amendment/Modification in  para 2.14(A) of the Handbook of Procedure (2015-20), appendix 2K of FTP(2015-20) etc.

The Directorate General of Foreign Trade vide Public Notice No. 54/(2015 – 2020) dated January 11, 2017, has made the following amendment-

  • Para 2.14A  of Handbook of Procedure (2015 – 20)

Amendment in paragraph 2.14A of Handbook of Procedure (2015 – 20) dealing with modification/Change in Branch office/Head office/Registered office address in Importer Exporter Code (IEC) involving a shift in jurisdictional Regional Authorities by revising provisions that in case of such change “a request to that effect will have to be made to RA concerned under whose jurisdiction the applicant exists” instead of earlier  provision which prescribed that request to that effect will have to be made to the new RA to whose jurisdiction the applicant is shifting its Office. A copy of this request with application details is to be submitted to the old RA from where the original IEC was issued” and according the procedure for processing such request and amendment of IEC is changed.

  • Public Notice No. 58/2015-20 dated February 1, 2016

In Public Notice No. 58/2015-20 dated February 1, 2016 dealing with amendment in ANF 2A of appendices and  Aayat Niryat Forms(2015-20) by providing that once an application for IEC is rejected, the applicant shall be able to rectify the grounds on which previous application was rejected without any further fees. However, earlier online IEC application once rejected was not processed further and applicants were required to apply afresh by paying fees of Rs. 500/-

  • Appendix 2K of Foreign Trade Policy (FTP) (2015 – 20)

In Appendix 2K of Foreign Trade Policy (FTP) (2015 – 20) dealing with scale of application fee and procedure for deposit/refund of application fee/penalty etc. by providing that in case the RA suggests the firm to file application under correct scheme of authorization the application fees paid in the earlier authorization will be adjusted by the RA for the new authorization. However previously only such adjustment was given where a new advance authorization, EPCG and Duty Credit Scrip is issued by RA in lieu of the earlier authorization (which has been cancelled by RA, on the request of the firm, on account of non-registration at the Customs Port),

Read More at: http://dgft.gov.in/Exim/2000/PN/PN16/PN5417.pdf