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SUNDAY 07/12/2008



GOVT. BOOSTER PACKAGE

Ad valorem rates of excise duty cut to 10%, 8% and 4% from today; No change in 
rates for petro products 

REPOSING its belief in fiscal measures to boost demand so that the slowing-down 
economy could stop its movement in the reverse gear, the UPA Govt today came 
out with virtually a mini-budget by effecting a 4% cut in ad valorem rates of 
excise duty besides reduction in Customs as well as service tax.

The highlights are as follows:

++ Central Excise 

The three major ad valorem rates of Central Excise duty viz. 14%, 12% and 8% 
applicable to non-petroleum products have been reduced by 4 percentage points 
each. The revised rates will be 10%, 8% and 4% respectively.

Cars, other than small cars, attract composite rates – that are a combination 
of specific and ad valorem rates. The rates applicable hitherto were '24% + 
Rs.15,000/-` per unit for cars of engine capacity 1500 cc to 1999 cc and '24% + 
Rs.20,000/-` per unit for cars of engine capacity of 2000 cc or more. The ad 
valorem component of these rates has been reduced from 24% to 20%.

In the case of cement, which attracts either the ad valorem rate of 12% or 
specific rates (Rs./metric tonne) depending upon the retail sale price, the 
specific rates have also been reduced in the same proportion as the ad valorem 
rate. Further, the concessional rates for cement produced by mini-cement plants 
have also been reduced proportionately. Bulk cement would now be chargeable to 
either 10% ad valorem or Rs.280/- per tonne, whichever is higher. The rate of 
duty on cotton textiles and textile articles has been reduced from 4% to Nil. 

No change has been made in the excise duty rates on petroleum products, 
specific rated items and tobacco products.

Notification No.58/2008-Central Excise and Notification No.59/2008-Central 
Excise, both dated 07.12.2008 have been issued in this regard.

II. Customs duty

To provide relief to the power sector, naphtha imported for generation of 
electric energy has been fully exempted from basic customs duty. This exemption 
will be available upto 31.03.2009. 

Notification No.128/2008-Customs dated 07.12.2008 has been issued in this regard

III. Export duty on iron ores

The export duty of 8% on iron ore fines has been withdrawn while the rate of 
export duty on iron ore lumps has been reduced from 15% to 5% ad valorem.
Notification No.129/2008-Customs, and Notification No.130/2008-Customs both 
dated 07.12.2008 were issued in this regard here today. 

IV. Service Tax

Notification No.41/2007-Service Tax provides for refund of service tax paid by 
exporters on 18 taxable services attributable to export of goods. The benefit 
of such refund has now been extended to services provided by a clearing and 
forwarding agent to exporters also. In addition, the threshold limit of refund 
of service tax paid by exporters on foreign commission agent services has been 
enhanced from 2% of FOB value to 10% of FOB value of export goods. Further, 
drawback benefit can now be availed of simultaneously with refund of service 
tax paid in respect of exports. Notification No.33/2008-Service Tax, dated 
07.12.2008, amending the aforesaid notification No.41/2007-Service Tax was 
issued in this regard here today.

V. All the aforesaid changes are effective from today. 

Safety of Bank Deposits and Stability of Financial System - Assured. A 
pre-election mini budget? Government to spend Rs 3 lakh crores in the next four 
months 

GOVERNMENT'S first priority in this fiscal package is to reassure the people of 
the stability of the financial system in general and of the safety of Bank 
deposits in particular. Government has taken steps to infuse liquidity into the 
banking system. Once the stability of the system is assured, the focus is on 
countering the impact of Global recession on India's Economic Growth.

A large number of measures have been announced to stimulate growth.  There was 
a budget in February 2008 with a proposed fiscal deficit of Rs.1,133,287 
crores. The budget had not provided for the loan waiver and after that nothing 
has gone right for the Budget. The Sixth Pay Commission, crude hike, global 
recession and now the new stimulus package have all added to the woes of those 
managing the Budget. Now nobody knows what the fiscal deficit is likely to be. 
The Deputy Chairman of the Planning Commission Montek Singh Ahluwalia has just 
stated the obvious that the fiscal deficit will certainly be more than what was 
planned in the Budget. The Cabinet Secretary KM Chandrasekhar who was former 
Revenue Secretary has clarified that they were not looking at numbers but at 
immediate relief. So, as of now, the Government doesn't know how much revenue 
it is going to lose and what exactly is going to be the fiscal deficit.

Meaning of Fiscal stimulus: if you don't know what the meaning of stimulus is 
Mr. Montek Singh Ahluwalia has clarified that it is giving more than what is 
planed. 

Government wants to seek authorisation for an additional plan expenditure of 
Rs.20,000 crores and a total spending of Rs.3 lakhs crores!

Governments going for an election in the first half of the year normally do not 
have the opportunity of announcing grand sops to woo the voters. With 3 lakh 
crores to spend in the next four months, good times are ahead for all 
concerned. Prominently figuring in this grand package to stimulate the economy 
is the gift to the Government Officers to replace their old vehicles.

Excise Duty rate falls below Service Tax? 

 IT has happened. Now the excise duty rate will be 10% and Service Tax remains 
at 12%. Maybe at whatever rate, we can't avoid the services, but costly goods 
can be avoided. Is this the theory? The new Finance Minister (no, a new FM is 
not yet nominated – we are referring to the PM FM) is an expert in Fiscal 
matters and is surrounded by top quality financial wizards and the only 
politician in the team is out of the team on special duty to contain terrorism.

They must be knowing what they are doing. A 4% cut in excise will perhaps boost 
production, sales and shares! Immediately it is not known whether the reduction 
is 4% from the tariff rate of 16% or the effective rate of 14%. In the former 
case, the new effective rate will be 12%, same as service tax and in the latter 
case, it will be 10% - that is less than Service tax. We will have to wait for 
the notifications, which we will bring you as soon as they are made available

With the apparent conflict between the Commerce Minister and the Finance 
Minister gone, the Commerce Ministry seems to have extracted quite a bit from 
Finance. The confusion regarding credit/refund of Service Tax paid on output 
services seems to have been resolved, at least for exporters – now they will 
get refund! Let us hope the Finance Ministry has not devised a complicated 
refund procedure to ensure that nobody gets refund.

Naphtha used in power sector will get import duty exemption which will 
hopefully provide the much needed relief to the power sector and ultimately 
empower (WHOM?)

Iron Ore fines can now be exported without export duty and lumps at a reduced 
5% duty.

All those babus suffering with rickety old vehicles can go for swanky new cars 
thereby giving a relief to the Auto companies as well as comfort to the babus. 





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