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    November 30, 2009
    Show AI Summary
    Tariff values notified for edible oils, brass scrap and poppy seeds, updating import valuation regime.
    Notification No.176/2009-Customs (N.T.) dated November 30, 2009 notifies tariff values for specified imported commodities for customs valuation, listing US dollar per metric tonne rates for various edible oils (noted as largely unchanged), Brass Scrap (all grades), and Poppy Seeds in the tabular schedule for use in import assessment.
    November 28, 2009
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    Export stabilization signals improved external demand; FDI inflows remain strong and industrial growth revival gains momentum.
    October 2009 exports showed a moderated decline of 6.6% year on year, with certain sectors sustaining growth and several previously depressed commodities recording positive month on month turnaround. Labour intensive and manufacturing categories exhibited reduced contraction rates, while software exports showed no decline. The release attributes improvement to government Budget and Foreign Trade Policy support measures. Concurrently, FDI inflows for April-September 2009 were comparable to the prior year period, international reports rank India as an attractive FDI location, and industrial production registered robust recovery in September 2009.
    November 25, 2009
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    Foreign Trade Policy promotes market diversification and fiscal incentives to reverse export decline and expand India's share in global trade.
    The Foreign Trade Policy establishes a framework to stabilise and reverse export decline and to expand the country's share in world trade by combining fiscal incentives, procedural rationalisation and enhanced market access to promote sectoral support and market diversification; early indicators cited a reduced rate of export decline attributed to the Policy and accompanying stimulus.
    November 17, 2009
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    Foreign direct investment approvals and deferrals across sectors, with high value proposals referred for higher level clearance.
    Seventeen FDI proposals were approved across sectors for equity issuances, warrants, joint ventures, expansions and scheme based allotments, with some approvals involving no fresh inflow and others subject to policy constraints such as Press Note 1 of 2005. Twelve proposals were deferred due to sectoral sensitivities including retail single brand, insurance, defence manufacturing, telecom share transfers and structural conversions. Five proposals were rejected for involving non cash consideration or impermissible issuance mechanisms; two proposals were noted as court sanctioned mergers/demergers, and two high value proposals were referred to the Cabinet Committee on Economic Affairs for clearance.
    November 11, 2009
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    Commencement of customs duty: duty takes effect on the notification date, not on policy publication.
    Commencement of a revised customs duty is governed by the date of issuance of the implementing notification rather than by the date of publication of a broader trade policy; until such notification is published the prior duty rate remains applicable.
    November 11, 2009
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    Tax revenue collections decline in aggregate, showing reduced year on year growth and varied Budget Estimate achievement.
    Provisional October 2009 collections present month and April-October receipts for Customs, Central Excise and Service Tax against prior-year figures and Budget Estimates, showing year-on-year declines in aggregate receipts, differences in percentage of BE achieved across heads, and noting that excise data exclude a cess not administered by the Department of Revenue.
    November 11, 2009
    Show AI Summary
    Import of sensitive items rose significantly, altering their share of total imports and shifting major source-country patterns.
    Import of sensitive items rose substantially in April-August 2009, increasing their share of total imports as gross imports fell; edible oils, pulses, fruits and vegetables, rubber, spices, marble and granite, tea and coffee, milk products and food grains showed increases while automobiles, cotton and silk, SSI products and alcoholic beverages declined. The edible oil surge was driven chiefly by higher imports of crude palm oil and its fractions, and source-country patterns shifted with increases from several countries and decreases from others.
    November 7, 2009
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    Export of services: tribunal pre-deposit upheld where performance, consumption, and remittance links to India raise triable issues.
    Whether receipt in convertible foreign exchange suffices as export of service for exemption from service tax turns on contractual performance, destination and consumption of services, and commercial activities in India. The tribunal imposed a conditional pre-deposit pending appeal, and the High Court declined to interfere, noting triable issues-mutual service obligations, Indian consumers as payors, and remittance routing-that require adjudication by the tribunal.
    November 7, 2009
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    Export of services: receipt in convertible foreign exchange insufficient to treat services as exported when benefits are consumed in India.
    The tribunal considered whether business auxiliary, marketing and support services supplied by an Indian subsidiary to foreign principals qualify as export of services under the Export of Services Rules, 2005. Although the Rules and Board guidance recognise recipient location and receipt in convertible foreign exchange as relevant, the tribunal concluded that where the ultimate benefit and consumption of the services occur in India the services are performed in India and do not meet the export criteria.
    October 28, 2009
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    Distribution of taxation power clarifies legislative competence and legal limits on taxation authority under the constitution.
    The constitutionally mandated distribution of taxing power allocates legislative competence among Parliament and State Legislatures via the Union, State and Concurrent Lists in the Seventh Schedule, with specific tax subjects assigned to each List. The principle that taxes may be levied only by authority of law imposes a legal prerequisite on tax imposition. Amendments changing fiscal allocations or the Lists require the constitutional amendment procedure with additional state ratification for specified categories.
    October 8, 2009
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    Import of sensitive items rose significantly, increasing their share of gross imports and driven by edible oil imports.
    Import of sensitive items rose by 34.5% in April-July 2009, increasing their share of gross imports from 2.7% to 4.7%. Automobiles, small-scale industry products and alcoholic beverages declined, whereas edible oil, pulses, fruits and vegetables, cotton and silk, rubber, spices, marble and granite, milk products, tea and coffee and food grains increased. Edible oil imports surged, driven mainly by higher crude palm oil and its fractions. Imports rose from suppliers such as Indonesia, Myanmar, the United States and Malaysia, and fell from China, Korea, Japan, Germany and the Czech Republic.
    September 23, 2009
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    Foreign direct investment approvals and regulatory regularisations announced, including ex post approvals, waivers, and deferred proposals.
    Government approved thirteen FIPB recommended proposals covering fresh foreign equity inductions, issuance of shares and warrants, ex post facto regularisations of prior foreign participation, issuance against non cash consideration and advances, and waivers or amendments of capitalisation and approval conditions. Eight proposals were deferred pending further inputs; two were rejected for seeking capitalisation relaxations and impermissible foreign fund investments; one conversion to an operating cum holding company for downstream investment was noted without fresh inflow.
    September 15, 2009
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    Tariff value notification for import commodities clarifies valuation basis for edible oils, brass scrap and poppy seeds.
    Notification sets tariff values in US dollars per metric tonne for specified imported goods-various edible oil categories (noting no change for several items), brass scrap (all grades), and poppy seeds-providing commodity-specific valuation benchmarks to be applied for customs assessment and import valuation purposes under the listed chapter headings and tariff items.
    September 8, 2009
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    Fiscal consolidation urged as CBEC must adopt innovative measures to address indirect tax revenue shortfall.
    The Finance Minister urged restoration of fiscal consolidation and directed CBEC to adopt innovative measures to address a pronounced decline in indirect tax receipts, while redefining Customs and Central Excise roles toward trade facilitation, expansion of Service Tax, reduction of dwell time, and enhanced use of IT and Risk Management Systems to improve compliance, curb smuggling, and prepare administratively for implementation of a dual GST.
    September 7, 2009
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    Foreign investment in micro and small enterprises permitted subject to sectoral caps and entry route conditions.
    FDI in micro and small enterprises is permitted subject only to sectoral equity caps, entry routes and relevant sectoral regulations following the MSMED Act; Press Note 18 (1997) is modified accordingly. Industrial undertakings that are not MSEs but manufacture items reserved for the MSE sector must obtain an Industrial Licence and undertake to export a significant share of new or additional annual production within a set period, and require prior government approval when foreign investment exceeds the automatic route threshold.
    September 3, 2009
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    Foreign direct investment approvals: cleared, deferred, rejected, withdrawn, and one referred for higher-level consideration in varied sectors.
    Eight foreign direct investment proposals were approved while seven were deferred, one rejected, one withdrawn, one advised to approach the sectoral regulator, and one recommended for higher level consideration; approved transactions included non cash consideration mechanisms (share allotments for machinery or pre incorporation expenses), share swaps, convertible warrants, and increases in foreign equity, and one matter was subject to a judicial direction to hear both parties before final communication of decision.
    September 2, 2009
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    Undervaluation of imports prompts seizure, valuation comparison and interim duty payment amid ongoing customs investigation.
    Undervaluation in import declarations of branded glassware by a Kolkata importer prompted search, seizure and document recovery showing routings through a Hong Kong trader and declared values substantially lower than those reported by the domestic distributor; seized stock and preliminary estimates indicated import duty evasion, the importer admitted undervaluation and paid an interim deposit while investigation continues.
    September 2, 2009
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    Prohibited export seizure of red sanders: containers intercepted, goods seized under customs law and suspect arrested for smuggling.
    DRI Kolkata intercepted two export containers declared as ductile iron castings but found stuffed with logs believed to be Red Sanders, seized under the Customs Act as a prohibited export under the Foreign Trade Policy. An individual apprehended admitted transporting and delivering the wood, was identified as a mastermind of a smuggling racket, arrested and remanded, and further investigation into the export facilitation network is ongoing.
    September 1, 2009
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    Tariff value notification sets import values for edible oils, brass scrap and poppy seeds affecting customs valuation.
    The Department of Revenue notified per metric tonne tariff values for specified commodities to guide import valuation: multiple edible oil categories (Crude Palm Oil; RBD Palm Oil; other Palm Oil; Crude Palmolein; RBD Palmolein; other Palmolein; Crude Soyabean Oil) are recorded as unchanged, while Brass Scrap (all grades) and Poppy Seeds have prescribed tariff values to be applied for customs assessment.
    August 12, 2009
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    SEZ approvals: formal and in-principle project sanctions plus delegation to Unit Approval Committee for default operations.
    The Board of Approval granted Formal Approvals for two SEZ projects and one In-Principle Approval for a Solar SEZ, approved nine co-developer statuses, decided to enlarge the list of default operations, and authorised the Unit Approval Committee to approve default operations, with a notification to be issued.

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      Customs, DGFT & SEZ

      Taxes in India and Constitutional Provisions

      October 28, 2009

      Contents
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      Constitution of India - Articles

       Constitution of India - Parts  

      Article.246. Subject-matter of laws made by Parliament and by the Legislatures of States.-

      (1) Notwithstanding anything in clauses (2) and (3), Parliament has exclusive power to make laws with respect to any of the matters enumerated in List I in the Seventh Schedule (in this Constitution referred to as the "Union List").

      (2) Notwithstanding anything in clause (3), Parliament, and, subject to clause (1), the Legislature of any State also, have power to make laws with respect to any of the matters enumerated in List III in the Seventh Schedule (in this Constitution referred to as the "Concurrent List").

      (3) Subject to clauses (1) and (2), the Legislature of any State has exclusive power to make laws for such State or any part thereof with respect to any of the matters enumerated in List II in the Seventh Schedule (in this Constitution referred to as the "State List").

      (4) Parliament has power to make laws with respect to any matter for any part of the territory of India not included in a State notwithstanding that such matter is a matter enumerated in the State List. 

      Article.265. Taxes not to be imposed save by authority of law.-

      No tax shall be levied or collected except by authority of law. 

      Schedule 7 - Union List (Entries Related to Taxes and Duties)

      83. Duties of customs including export duties.

      84. Duties of excise on tobacco and other goods manufactured or produced in India except-

             (a) alcoholic liquors for human consumption.

            (b) opium, Indian hemp and other narcotic drugs and narcotics,

            but including medicinal and toilet preparations containing alcohol or any substance included in sub-paragraph (b) of this entry.

      85. Corporation tax.

      86. Taxes on the capital value of the assets, exclusive of agricultural land, of individuals and companies; taxes on the capital of companies.

      87. Estate duty in respect of property other than agricultural land.

      88. Duties in respect of succession to property other than agricultural land.

      89. Terminal taxes on goods or passengers, carried by railway, sea or air; taxes on railway fares and freights.

      90. Taxes other than stamp duties on transactions in stock exchanges and futures markets.

      91. Rates of stamp duty in respect of bills of exchange, cheques, promissory notes, bills of lading, letters of credit, policies of insurance, transfer of shares, debentures, proxies and receipts.

      92. Taxes on the sale or purchase of newspapers and on advertisements published therein.

      92A. Taxes on the sale or purchase of goods other than newspapers, where such sale or purchase takes place in the course of inter-State trade or commerce.

      92B. Taxes on the consignment of goods (whether the consignment is to the person making it or to any other person), where such consignment takes place in the course of inter-State trade or commerce.

      92C. Taxes on services.

       Schedule 7 - State List (Entries Related to Taxes and Duties)

      46. Taxes on agricultural income.

      47. Duties in respect of succession to agricultural land.

      48. Estate duty in respect of agricultural land.

      49. Taxes on lands and buildings.

      50. Taxes on mineral rights subject to any limitations imposed by Parliament by law relating to mineral development.

      51. Duties of excise on the following goods manufactured or produced in the State and countervailing duties at the same or lower rates on similar goods manufactured or produced elsewhere in India:-

              (a) alcoholic liquors for human consumption;

              (b) opium, Indian hemp and other narcotic drugs and narcotics,

             but not including medicinal and toilet preparations containing alcohol or any substance included in sub-paragraph (b) of this entry.

      52. Taxes on the entry of goods into a local area for consumption, use or sale therein.

      53. Taxes on the consumption or sale of electricity.

      54. Taxes on the sale or purchase of goods other than newspapers, subject to the provisions of entry 92A of List I.

      55. Taxes on advertisements other than advertisements published in the newspapers and advertisements broadcast by radio or television.

      56. Taxes on goods and passengers carried by road or on inland waterways.

      57. Taxes on vehicles, whether mechanically propelled or not, suitable for use on roads, including tramcars subject to the provisions of entry 35 of List III.

      58. Taxes on animals and boats.

      59. Tolls.

      60. Taxes on professions, trades, callings and employments.

      61. Capitation taxes.

      62. Taxes on luxuries, including taxes on entertainments, amusements, betting and gambling 

      Article.368. Power of Parliament to amend the Constitution and procedure therefor.-

      (1) Notwithstanding anything in this Constitution, Parliament may in exercise of its constituent power amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this article.

       (2) An amendment of this Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting, it, shall be presented to the President who shall give his assent to the Bill and thereupon the Constitution shall stand amended in accordance with the terms of the Bill:

      Provided that if such amendment seeks to make any change in-

      (a) article 54, article 55, article 73, article 162 or article 241, or

      (b) Chapter IV of Part V, Chapter V of Part VI, or Chapter I of Part XI, or

      (c) any of the Lists in the Seventh Schedule, or

      (d) the representation of States in Parliament, or

      (e) the provisions of this article,

      the amendment shall also require to be ratified by the Legislatures of not less than one-half of the States by resolutions to that effect passed by those Legislatures before the Bill making provision for such amendment is presented to the President for assent.

      (3) Nothing in article 13 shall apply to any amendment made under this article.

      (4) No amendment of this Constitution (including the provisions of Part III) made or purporting to have been made under this article [whether before or after the commencement of section 55 of the Constitution (Forty-second Amendment) Act, 1976 shall be called in question in any court on any ground.

      (5) For the removal of doubts, it is hereby declared that there shall be no limitation whatever on the constituent power of Parliament to amend by way of addition, variation or repeal the provisions of this Constitution under this article.

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