Trade Notice 743 / 05 / 2005
Tech. Dated 28.02.2005
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Budget for the year 2005-06 – Changes in Central
Excise & Service Tax. ***************************************************************** |
The Finance Minister has
introduced the Finance Bill, 2005 in the Lok Sabha on
CENTRAL EXCISE
1. Additional
duty of excise on Pan Masala and Specified tobacco products :
1.1. An
additional duty of excise, by way of surcharge, has been levied on pan Masala
and certain specified tobacco products (Clause 85 of the Finance Bill,
2005). The surcharge will be levied at
prescribed specific rates on cigarettes, and at specified ad valorem rates, on
other tobacco products. Units in North
Eastern Region will also attract this surcharge. This surcharge will not apply to biris and cigarettes made of tobacco substitutes. (Notfn. No. 6/2005-CE refers).
2. Imposition
and Increase in Duty
2.1 Excise
duty of 8% with CENVAT credit has been imposed on mosaic tiles. (Sr. No. 22 of Notfn. No.
10/2003-C.E. as amended vide Sr. No. 2 of Notfn. No. 10/2005-C.E. refers).
2.2 Excise duty on molasses has been increased from Rs. 500 per
metric tonne to Rs. 1000 per metric tonne. (Refer to Finance Bill).
2.3 Excise duty on cement clinkers has been increased from Rs. 250
per metric tonne to Rs. 350 per metric tonne. (Refer to Finance Bill).
2.4 Excise duty has been raised on iron and steel and on ships for
breaking up, from 12% to 16%. (Sr.No. 172A of Notfn. No. 6/2002-CE as amended vide
Notfn. No. 5/2005-CE refers and Sr.No. 303 of Notfn. No. 6/2002-CE
omitted vide Notfn. No. 5/2005-CE refers
respectively).
2.5 Excise duty of 16% has been imposed on road tractors (of
engine capacity exceeding 1800 cc) for semi trailers.(Sr.No. 295 of Notfn.
No. 6/2002-CE as amended vide Notfn. No. 5/2005-CE
refers).
3. Branded
articles of jewellery
3.1 A duty
of 2% is being imposed on branded articles of jewellery
of heading 7113 of the Central Excise Tariff.
The duty will be leviable only if the brand name or the trade name is
indelibly affixed or embossed on the articles of jewellery
itself. The process of such fixing or
embossing the brand name has been deemed to amount to “manufacture” by a
Chapter Note. (Refer Sr. No. 14 of Notification No. 4/2005-C.E. and Sr.
No. 171 of Notification No. 6/2002-C.E.
as amended vide Notification No. 5/2005-C.E.).
4. Amendment
to Notification No. 88/88-CE dated 1.3.1988
4.1 Notification No. 88/88-CE
dated 1.3.1988 exempts, inter-alia, specified goods manufactured in rural areas
by registered co-operative societies, or by women’s societies, or by
institutions recognized by the Khadi and Village
Industries Commission or the State Khadi and Village
Industries Boards or by units run with the cash assistance from District Rural
Development Agencies {under the Integrated Rural Development Programmes
(IRDP)}. At present, rural area for the purpose of this notification is defined
as having the same meaning assigned to it in clause (ff) of Section 2 of the Khadi and Village Industries Act, 1956. (Relevant Bill
entries refer).
5. Relief Measures
:
5.1 Excise duty of Re. 1 per kg. on
refined edible oils and Rs. 1.25 per Kg. on vanaspati,
bakery shortening and inter-esterfied, re-esterfied, elaidnised fats, has
been exempted.( Sr. No. 1 & 2 of
Notification No. 4/2005-C.E. refers).
5.2 Tea and tea waste have been exempted from additional duty of
excise of Re. 1 per kg. (Notification
No. 7/2005-C.E. refers).
5.3 Excise
duty has been reduced from 24%to 16% on air conditioners.(Notification
No. 13/2005-C.E. refers).
5.4 Excise duty has been reduced from 24%to 16% on tyres, tubes
and flaps.( Sr. No. 1
of Notification No. 13/2005-C.E.
refers).
5.5 Excise duty has been reduced from 16% to 12% (with Cenvat
credit) on matches made by mechanized and semi-mechanized sectors.( Sr. No. 13 of Notification No. 4/2005-C.E. refers).
5.6 Excise duty on imitation jewellery
has been reduced from 16% to 8%.( Sr. No. 16 of Notification No. 4/2005-C.E. refers).
5.7 Excise duty has been reduced from 16% to 8% on cakes and
pastries. (Sr. No. 3 of
Notification No. 4/2005-C.E. refers).
5.8 Parts manufactured and used captively for production of power
tillers (of heading No. 84.32) have been exempted from excise duty.
(Notification No. 4/2005-C.E. refers).
5.9 Excise duty on electronic milk fat and solid non-fat tester
has been reduced from 16% to 8%. (Sr. No. 17 of Notification No. 4/2005-C.E. refers).
6. Textiles :
6.1
Excise duty on polyester filament yarn (PFY), including
polyester textured yarns has been reduced from 24% to 16%.(
Notification No. 13/2005-C.E. refers).
6.2
Optional duty has been prescribed for process filament yarns
(including polyester filament yarn) manufactured from yarn procured from
outside by independent processors. Such
yarn would either attract Nil excise duty without availment of Cenvat credit or
pay 8% excise duty with Cenvat credit.( Notification No. 29/2004-C.E. as
amended vide Sr. No. 3 of Notification No. 10/2005-C.E. refers, and
Notification No. 30/2004-C.E. as amended vide Sr. No. 4 of Notification No.
10/2005-C.E. refers).
6.3
Exemption from excise duty on specified textile machinery is
being continued beyond 28.2.2005. (Sr. No. 193, 195, 199 & 200 of
Notification No. 6/2002-C.E.as amended vide Notification No. 5/2005-C.E. refers).
7. Small Scale Industry
:
7.1
The value of clearances in the preceding financial year, for
determining eligibility for the exemption, is being increased from Rs. 3 crore to Rs. 4 crore.(Notfn. No. 10/2005-CE refers).
7.2
Exemption scheme, which provides for a concessional rate of
60% of normal rate with Cenvat credit upto clearances of Rs. 1 crore (Notification No. 9/2003-C.E.), is being withdrawn. .(Notfn. No. 11/2005-CE refers).
7.3
SSI units having
annual turnover exceeding Rs. 40 lakhs will now have
to file a simple annual declaration. (.(Notfn. No.
14/2005-CE refers).
These changes will come into effect from
8. Petroleum :
8.1 Basic excise duty rates on certain
petroleum products have been revised as under :
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From |
To |
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(a) |
Petrol |
23% |
8% + Rs.
5.00/litre |
|
(b) |
Diesel |
8% |
8% + Rs.
1.25/litre |
|
(c) |
Kerosene for
public distribution |
12% |
Nil |
|
(d) |
LPG for domestic
use |
8% |
Nil |
|
(e) |
Light Diesel Oil |
16% + Rs.
1.50/litre |
16% + Rs.
2.50/litre |
(For details, refer to Annexure I)
8.2 Additional duty of excise on motor spirit and high speed
diesel oil has been increased from Re. 1.50 per litre
to Rs. 2 per litre. (Relevant bill entries refer)
8.3 There is no change in special additional
excise duty of Rs. 6.00 per litre on motor spirit.
9. National Calamity Contingent Duty
(NCCD) :
NCCD was
imposed on following items by the Finance Act, 2003 :
1)
1% on polyester filament yarn, motor cars, multiutility vehicles, and two-wheelers;
2) Rs. 50 per metric tonne on
domestic crude oil.
This levy
which was valid upto 31.3.2005, has been extended
without any time limit.
10. Retail
Abatement from retail price for levy of excise duty on
air conditioners has been reduced from 35% to 30% consequent to reduction in
excise duty from 24% to 16%. (Sr. No. 63 of Notification No. 13/2002-CE (NT) as
amended by Notification No. 11/2005-CE(NT) refers)
SERVICE TAX
Significant changes are being proposed in number of provisions of the Finance Act, 1994 relating to service tax. Levy on a number of new services and expansion in the scope of the existing services are also being proposed. Changes have also been proposed in Service Tax Rules relating to certain procedures. The procedural changes will come into effect either from 1.3.2005 or from 1.4.2005. Certain changes relating to the Finance Act will come into effect from a date to be notified after enactment of the Finance Bill. The major changes are as follows:
(a) Small taxable service providers will be exempt from service tax upto a turnover limit of Rs.4 lakhs in a year, provided the value of taxable services did not exceed Rs.4 lakhs in the previous year. This provision will come into effect from 1.4.2005. However, benefit of this exemption will not be applicable wherever service tax is payable by a person other than the service provider. (Notfn. No. 6/2005-ST refers).
(b)
Service tax @ 10% is being imposed on the
following services:
1) Transport of goods through pipeline or other conduit.
2) Site preparation and clearance, excavation, earth moving and demolition services, other than those provided to agriculture, irrigation and watershed development.
3) Dredging services of rivers, ports, harbours, backwater and estuaries.
4) Survey and map making other than by Government Departments.
5) Cleaning services other than in relation to agriculture, horticulture, animal husbandry or dairying.
6) Membership of Clubs or Associations ( religious forum, political organizations will be excluded).
7) Packaging services.
8) Mailing list compilation and mailing: and
9) Construction of residential complexes having more than twelve residential houses or apartments together with common areas and other appurtenances.(Clause 88 of Finance Bill 2005 refers).
These services will be leviable to service tax only from the date to be notified after the enactment of the Finance Bill, 2005.
(c) Scope of certain existing services is being extended as follows:
(1) Commercial or industrial construction service to:
(i) include renovation of such building or civil structure.
(ii) include post construction completion and finishing services for such building or civil structure.
(iii) include constructions, repair, alteration, renovation or restoration of pipeline or conduits.
(2) Erection, commissioning or installation services to include specified installation services.
(3) Maintenance or repair services to include:
(i) maintenance or management of immovable properties.
(ii) maintenance or repair including reconditioning or restoration undertaken as part of any contract or agreement.
(4) Broadcasting services to include charges recovered by broadcasting agencies from multisystem operator (MSO) and provision of direct to home (DTH) signals to the customers.
(5) Sound recording to include recording of sound on any media and includes post production services such as sound mixing or re-mixing.
(6) Video-tape production to include recording of any programme, event or function on any media and includes post production service.
(7) Taxable services provided by authorised services station to include reconditioning or restoration of motor-cars, two-wheeled and light motor vehicles.
(8) Beauty parlours Service to include all services provided by beauty parlours.
(9) Manpower recruitment service to include supply of manpower, temporary or otherwise.
(10) The franchisee service to cover all agreements by which, the franchisor grants representational rights to franchisee to sell or manufacture goods or provide services identified with the franchisor.
(11) Business Auxiliary Service to include production or processing of goods for or on behalf of the client.
(12) Out door4 catering service, to include catering from a place or premises provided, by way of tenancy or otherwise, by the person receiving such services.
Service tax is leviable on these expanded services only from the date to be notified after the enactment of the Finance Bill, 2005.
CUSTOMS :
A separate
Public Notice is being issued by this Commissionerate highlighting the Budgetary changes.
All Trade
Associations, Chamber of Commerce and Members of Regional Advisory Committee
are requested to bring the contents of this Trade Notice to the knowledge of
their Constituent Members in general and manufacturers in particular.
{HARJINDAR SINGH}
COMMISSIONER