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empowered to certify the correctness of the inventory of the seized gold and subsequently, the proper officer would carry out other procedures related to the said disposal in
the manner as may be prescribed. Hitherto, such power was vested with the jurisdictional magistrate.
Explanation to Sec. 139 has been proposed to be amended so as to include inventories, photographs and lists certified by the Commissioner (Appeals) under the new sub-
9.2.1 Changes in the provisions of Safeguard measures [Sec.8B]
Hitherto, Sec. 8B(6) provided that Safeguard measures would not be imposed on an article imported by a 100% EOU or SEZ unless:
(i) the concerned notification specifically makes the measure applicable to such unit;
(ii) such article is cleared into the DTA or used in manufacture of any goods that are cleared into the DTA in which case, the measures shall be applied on the portion of the article so cleared or used, as was applicable when it was imported into India.
Now this section has been proposed to be amended to make the above conditions mutually exclusive.
Further, it has also been clarified that for
the purposes of the above, the term ‘Special Economic Zone’ shall have the same meaning as in the Special Economic Zone Act, 2005.
9.2.2 Changes in the provisions of Countervailing Duty and Anti-Dumping Duty [Sec.9 and Sec. 9A]
CG has been proposed to be empowered so as to allow imposition of CVD and ADD in anti- circumvention cases retrospectively from the date of initiation of the anti-circumvention investigation.
New provisions have been introduced adapting anti-absorption measures to the CVD and
ADD regime. The CG has been empowered to modify the duties so imposed if such duties are
section (1D) of Sec. 110, within the meaning of ‘documents’ as specified thereunder, to give evidentiary value to such documents.
In line with the above proposed amendment, Clause (3) of Sec. 5 has been proposed to be amended to empower Commissioner (Appeals) to carry out functions, exercise powers conferred or discharge the duties imposed on an officer
of customs, specified under sub-section (1D) of Sec. 110.
rendered ineffective due to absorption of the duties. Absorption of duty is considered to have taken place if there is a decrease in the export price without a commensurate change in:
(i) the cost of production of such article or [under ADD only]
(ii) export price of such article to countries other than India or [under ADD only]
(iii)resale price of such article imported from the exporting country or territory or [under both ADD and CVD]
(iv)under such other circumstances as may be provided by the rules. [under both ADD and CVD]
Hitherto, further imposition of CVD and ADD after review could only be made for a period of 5 years. Now, the same can be made for a period upto 5 years.
New provision has been proposed to provide that if CVD/ADD is revoked temporarily, the period of such revocation shall not be more than 1 year at a time.
The CVD and ADD provisions have been proposed to be amended to align the same with the provisions of safeguard measures in respect of levy on goods cleared from EOU and SEZ into DTA. It has been expressly clarified that CVD and ADD would not be imposed on an article imported by a 100% EOU or SEZ unless:
(i) the concerned notification specifically makes the duty applicable to such unit or;
INDIA BUDGET 2021-22
9.2
Amendments in Customs Tariff Act, 1975 [Effective from the enactment of the bill]
102 Building a Resilient and Confident India
