Important Corrigendum issued by the Department of Revenue on 19 March, 2012 for Corrections in Customs and Excise Jumbo Notifications

A. Corrigendum dated 19th March, 2012 to 12-Customs dated 17 March 2012 - I

B. Corrigendum dated 20th March, 2012 to 12-Customs dated 17 March 2012 - II

C. Corrigendum dated 19 March 2012 to 21-Customs dated 17 March 2012

D. Corrigendum dated 19th March, 2012 to 16-CE dated 17 March 2011

E. Corrigendum dated 19 March 2012 to 18-CE dated 17 March 2012

F. Excise Duty of 6% on Merit Rate Goods

A. Corrigendum dated 19th March, 2012 to 12-Customs dated 17 March 2012 - I

Main Jumbo Customs Exemption Notification 12/17.03.2012 at page 15 of 32nd Budget Edition of BIG’s Easy Reference Customs Tariff 2012-2013 edited by Arun Goyal

[SNo. (v) on steel duties is important, please see page755 of Easy Reference Customs Tariff 2012-13  Chapter 72. Similarly A(i) for fertiliser entry on page 468 in Chapter 31]

In the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 12/2012-Customs, dated the 17th March, 2012 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 185 (E), dated the 17th March, 2012,

(A) in the Table-

(i) in S. No. 200, for

“200

31

Composite Fertilisers

5%

-

-”

read

“200

31

(i) Composite Fertilisers

5%

-

-

 

 

(ii) All goods, other than those which are clearly not to be used as fertilisers

-

1%

-

(ii) in S. No. 252, in column (3), for “20102” read “2012” ;

(iii) in S. No. 283, in column (3),

for

read

“(a) Buckles, 'D' rings, eyes, rivets and studs;

“(a) Buckles, “D” Rings and “O” Rings, eyelets, hooks and eyes, rivets, studs, decorative fittings and metal trimmings

(b) Buttons and fasteners of all types;

b) Buttons and snap fasteners, zip fasteners including zippers in roll, sliders and end stoppers

(h) Metal handles, handles fittings, dog hooks, Logos all types, Ring binders, key hooks, key rings, key holders, push clip, chains, pullers, hinges and magnetic snaps

h)Metal handles, handle fittings, handle holder, Metal Frames, dog hooks, logos all types, ring binders, key hooks, key rings, key holders, push clip, chains, Pullers , parts of pullers, hinges and magnetic snaps

(i) Slow Liners

(i) Glove Liners

(p) Synthetic or Poly

(p) Synthetic or polymeric foam

(q) Packaging boxes of all types

(q)Packaging boxes/ envelops/ pouches of all types

(t) Unit Soles and Sheets

(t) Unit soles and sheets of Polyurethane, Thermoplastic rubber, Polyvinyl Chloride, Thermoplastic Polyurethane, Phylon, Nitrile Butadiene Rubber, Styrene Butadiene Rubber for soles including Polyurethane paint, colour paste and pigments

(zn) Reflactive tapes/fashion tapes”

(zn)Reflective tapes/ Fashion tapes”

(iv) in S. No. 320, in column (6), for “35” read “34”;

(v) in S. No. 330, in column (3), for “329, 330, 331 and” read “ 331, 332,333 and 334”;

(vi) in S. No. 375, in column (3), for “ The goods” read “(1) The goods”.

(vii) in S. No. 386, in column (3), for “ 70,000 copies per hour, namely;” read “ 70,000 copies per hour;”

(B) in Annexure-

(i) in condition No 24, in column (2), for

“If, (a) the goods are imported by a manufacturer of textile garments or leather garments for use in the manufacture of textile garments or leather garments for export by that manufacturer and that the said manufacturer is registered with the Apparel Export Promotion Council or Council for Leather Exports, or as the case may be, Handloom Export Promotion Council;”

read

“If (a) the goods are imported

(i) by a manufacturer of textile garments or leather garments; or

(ii) by a merchant exporter tied up with supporting manufacturer of textile garments or leather garments,

for use in the manufacture of textile garments or leather garments for export by that manufacturer directly or through a merchant exporter, as the case may be, and that the said manufacturer or merchant-exporter is registered with the Apparel Export Promotion Council or Council for Leather Exports, or as the case may be, Handloom Export Promotion Council: and

(aa) the entitlement certificate issued by respective export promotion councils shall carry the name of supporting manufacturers along with the name of the merchant- exporter in case the goods are exported by a merchant exporter.”;

(ii) in condition No. 27, for

“If- (a) the goods are imported

(i) by a manufacturer of textile garments or leather garments; or

(ii) by a merchant exporter tied up with supporting manufacturer of textile garments or leather garments,

For use in the manufacture of textile garments or leather garments for export by that manufacturer directly or through a merchant exporter, as the case may be, and that the said manufacturer or merchant exporter is registered with the Apparel Export Promotion Council or Council for Leather Exports, or as the case may be, handloom Export Promotion Council; and

(b) the entitlement certificate issued by respective export promotion councils shall carry the name of supporting manufacturers along with the name of the merchant-exporter in case the goods are exported by a merchant exporter.”

read

“If
(a) The goods are imported by a manufacturer of leather footwear or synthetic footwear or other leather products, for use in manufacture of said goods for export by that manufacturer and the said manufacturer is registered with the Council for Leather Exports;

(b) The total value of goods imported shall not exceed 3% of the FOB value of leather footwear or synthetic footwear or other leather products, exported during the preceding financial year;

(c ) The importer produces a certificate from the Council for Leather Exports, certifying the value of exports made during the financial year mentioned in sub-condition (b), and also the value and quantity of goods already imported under this notification during the current financial year.”

[F.No.334/1/2012-TRU ]

B. Corrigendum dated 20th March, 2012 to 12-Customs dated 17 March 2012 - II

Main Jumbo Customs Exemption Notification 12/17.03.2012 (page 15 )

In the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 12/2012-Customs, dated the 17th March, 2012 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 185 (E), dated the 17th March, 2012, in the Table,-

(i) in S. No. 39, in column (2), for “11071000” read “11071000, 11081200”;

(ii) in S. No. 187, in column (2), for

“29054300, 29054400, 3301, 3501, 3502, 3503, 3504, 3505, 38091000, 382311, 38231200, 38231300, 38231900, 382460, 40012100, 40012200, 400129”

read

“29054300, 29054400, 3301, 3501, 3502, 3503, 3504, 3505, 38091000, 382311, 38231200, 38231300, 38231900, 382460”

(iii) in S. No. 252, for

“252.

4001 21, 4001 22, 4001 29

Goods up to an aggregate quantity of forty thousand metric tonnes of total imports of such goods in the remaining part of the financial year 2011-12.

Explanation. - For removal of doubts, it is clarified that the quantity of goods already cleared under S. No. 491A of notification No. 21/2002-Customs dated the 1st March, 20102, up to the date of its supersession, shall be included in computing the aggregate quantity.

7.5%

-

1“

read

“252

4001 21, 4001 22, 4001 29

(i) Goods up to an aggregate quantity of forty thousand metric tonnes of total imports of such goods in the remaining part of the financial year 2011-12.

Explanation. - For removal of doubts, it is clarified that the quantity of goods already cleared under S. No. 491A of notification No. 21/2002-Customs dated the 1st March, 2012, up to the date of its supersession, shall be included in computing the aggregate quantity.

7.5%

-

1“

 

 

(ii) All goods other than at (i)

20% or Rs. 20/- per kg, whichever is lower

-

-

(iv) in S. No. 321, for

“71or 98

Gold bars, other than tola bars, bearing manufacturer’s or refiner’s engraved serial number and weight expressed in metric units, and gold coins having gold content not below 99.5%, imported by the eligible passenger

4%

Nil

35”

read

“71or 98

(i) Gold bars, other than tola bars, bearing manufacturer’s or refiner’s engraved serial number and weight expressed in metric units, and gold coins having gold content not below 99.5%, imported by the eligible passenger

4%

Nil

35

 

(ii) Gold in any form other than (i), including tola bars and ornaments, but excluding ornaments studded with stones or pearls

10%

Nil

35

[F.No.334/1/2012-TRU]

C. Corrigendum dated 19 March 2012 to 21-Customs dated 17 March 2012

Spl CVD (SAD) Exemption for Consumer Goods subject to Declaration of VAT Registration and First Sale Destination, No Declaration for Zero Rated Goods - 21/17.03.2012 at page 103

G.S.R. (E).-In the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 21/2012-Customs, dated the 17th March, 2012, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 194(E), dated 17th March, 2012, namely:-

In the said Notification, in the Table,-

(i) in S. No. 42, in column (3) and column (4), for

(3)

(4)

“Compressed natural gas for use in transport sector

Nil”

read

(3)

(4)

“(a) Compressed natural gas for use in transport sector

Nil

(b) Electrical energy

Nil

(ii) in S. No. 62, in column (2), for “4905” read “4904”;

(iii) in S.No. 67, in column (3), for “Acetate rayon tow required for the manufacture of cigarette filter rod”, read “Acetate rayon tow required for the manufacture of cigarette filter rod:

Provided that the importer follows the procedure set out in the Customs (Import of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rules, 1996”;

(iv) in S. No. 80, in column (2), for “7404 00 29”, read “7404”;

(v) for

“91

8802 (except 8802 60 00)

Goods specified against S. No. 453 of the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 12/2012-Customs, dated the 17th March, 2012:

Provided that the exemption available under this notification shall be subject to the conditions, if any, specified in respect of such goods under the said notification No. 12/2012-Customs, dated the 17th March, 2012”

read

“91

8802 (except 8802 60 00)

Goods specified against S. No. 453 of the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 12/2012-Customs, dated the 17th March, 2012:

Provided that the exemption available under this notification shall be subject to the conditions, if any, specified in respect of such goods under the said notification No. 12/2012-Customs, dated the 17th March, 2012.

Nil”

(vi) for

“96

8901

All goods”

read

“96

8901

All goods

Nil”

[F. No. 334/1/2012- TRU]

D. Corrigendum dated 19th March, 2012 to 16-CE dated 17 March 2011

Two percent Excise Duty Subject to No CENVAT Credit Condition -01-CE/01.03.2011 (page 70)

In the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 16/2012-CE, dated the 17th March, 2012 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.167 (E), dated the 17th March, 2012, in para (b), sub para (iii)

(a) for “130” read “131”

(b) in the table in column (1) for “131” read “132”

[F.No.334/1/2012-TRU]

E. Corrigendum dated 19 March 2012 to 18-CE dated 17 March 2012

Peak Excise Duty Rates – 18-CE/17.03.2012 (page 73

In the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 18/2012-CE, dated the 17th March, 2012 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.169 (E), dated the 17th March, 2012, in the table,-

(i) against Sl. No. 20 in column (2), for “3014” read “3104”

(ii) against Sl. No. 88 in column (2), for “2606 30 10 ” read “9606 30 10”

[F.No.334/1/2012-TRU TRU]

F. Excise Duty of 6% on Merit Rate Goods (p.68)

[Ref: Notification No. 20/2012-Central Excise dated 19 March 2012

In exercise of the powers conferred by sub-section (1) of section 5A of the Central Excise Act, 1944 (1 of 1944), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby makes the following further amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 02/2011-Central Excise, dated the 1st March, 2011, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R 117 (E), dated the 1st March, 2011, namely:-

In the said notification, in the TABLE,-

(i) for serial number 48 and the entries relating thereto, the following shall be substituted, namely:-

(1)

(2)

(3)

“48

7113

Articles of jewellery”;

(ii) for serial number 49 and the entries relating thereto, the following shall be substituted, namely:-

(1)

(2)

(3)

“49

7114

Articles of goldsmiths’ or silversmiths’ wares of precious metal or of metal clad with precious metal, bearing a brand name, except gold coins of purity 99.5% and above and silver coins of purity 99.9% and above.

Explanation.- For the purposes of this exemption,-

(1) “brand name” means a brand name or trade name, whether registered or not, that is to say, a name or a mark, such as a symbol, monogram, label, signature or invented words or any writing which is used in relation to a product, for the purpose of indicating, or so to indicate, a connection in the course of trade between the product and some person using such name or mark with or without any indication of the identity of that person;

(2) an identity put by a jeweller or the job worker, commonly known as ‘house-mark’ shall not be considered as a brand name.”

[F No.-334/1/2012 -TRU]