Notification No. 47/2009 – Income Tax In exercise of the powers conferred by sub-sections (1) and (2) of section 120 of the Income tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following amendments in the notification of the Government of India, Ministry of Finance (Department of Revenue), Central Board of Direct Taxes, videnumber S.O. 2022(E), published in the Gazette of India, Part II, Section
For the purposes of this notification, “applied rate of duty” means the standard rate of duty specified in the First Schedule to the said Customs Tariff Act, 1975 in respect of the goods specified in the said Table, read with any other notification for the time being in force, issued in respect of such goods under sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962).
This however excludes cold rolled stainless steel in coil of (i) a combination of thickness above 2 mm and width above 1500 mm for use in fabrication; (ii) AISI 420 High Carbon (0.82%-0.40%) grade; and (iii)Grade 430 BA Silver Ice exported by M/s Thyssenkrupp Stainless International, Germany.
The principal notification was published vide number S.O. 1270(E), dated the 30th May, 2008 and subsequently amended vide number S.O. 2266(E),
Rate of exchange applicable for the purposes of calculation of such anti-dumping duty shall be the rate which is specified in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), issued from time to time, in exercise of the powers conferred by section 14 of the Customs Act, 1962 (52 of 1962) and the relevant date for the determination of the rate of exchange shall be the date of presentation of the bill of entry under section 46 of the said Customs Act.
The principal notification No.64/95-Central Excise, dated the 16th March, 1995 was published in the Gazette of India, Extraordinary, vide number G.S.R. 256(E), dated the 16th March, 1995 and was last amended vide notification No.15/2008-CE dated the 17th March, 2008 which was published vide number G.S.R. 184(E), dated the 17th March, 2008.
The principal notification No .39/1996-Customs, dated 23rd July, 1996 was published in the Gazette of India, Extraordinary, Part II, Section3, Sub-section (ii) vide number G.S.R. 291(E) dated the 23rd July, 1996 and was last amended by notification No.124/2008- Customs, dated the 21st November, 2008 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub- section (ii) vide number G.S.R. 184 (E), dated the 21st November, 2008.
In exercise of the powers conferred by sub-section (1) and sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975), read with rules 18, 20 and 22 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, the Central Government hereby rescinds the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 38/2007-Customs, dated the 9th March, 2007, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide G.S.R. 186 (E), dated the 9th March, 2007, except as respect things done or omitted to be done before such rescission.
Provided that no anti-dumping duty shall be imposed on the imports into India of the subject goods from M/s Guangdong Monalisa Ceramic Co. Ltd., People’s Republic of China (Producer) and M/s Foshan Monalisa Industry Co. Ltd., People’s Republic of China (Exporter) through M/s Ava Corp., Hong Kong (Exporter)
whereas, in terms of rule 4 read with rule 23 of said Customs Tariff Rules, the designated authority is required to investigate as to the existence, degree and effect of any alleged dumping in relation to import of any article, to identify the article liable for anti-dumping duty, to recommend the amount of anti-dumping duty equal to the margin of dumping or less, which if levied, would remove the injury to the domestic industry and to review the need for continuance of anti-dumping duty on such article;
