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Notification u/s. 35AC - Reconstituted the National Committee for promotion of Social & Economic Welfare
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Section 35AC committee reconstitution appoints new National Committee members to oversee promotion of social and economic welfare.
The Central Government reconstitutes the National Committee for Promotion of Social and Economic Welfare, appointing fourteen persons-including Justice S. P. Bharucha as Chairman-as Chairman and members for a period of three years from the date of publication, pursuant to the income tax provision and the corresponding income tax rule; prior related notifications and the expiry of the previous term are noted.
Amendments in the Notification No. 239 /2004, dated the 9th September, 2004 - Jurisdiction of Specified Officers
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Jurisdiction of Transfer Pricing Officers revised to allocate territorial areas and alphabetical classes of taxpayers for case assignment.
Amendment substitutes specified Schedule entries to reassign jurisdiction of Transfer Pricing Officers, specifying headquarters, territorial limits and classes of persons (by initial letter of taxpayer name) allocated to each Transfer Pricing Officer, thereby creating a territorial and alphabetical scheme for case assignment under section 120 of the Income Tax Act.
Income-tax (Thirteenth Amendment) Rules, 2004
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Employee accommodation and meals exemptions clarified, defining temporary site housing and permitted free food and non-alcoholic beverages.
Rule 3 of the Income-tax Rules, 1962 is amended to exclude certain employee accommodation at specified operational sites-temporary accommodation with plinth area not exceeding 800 square feet located not less than eight kilometres from municipal or cantonment limits, and accommodation in remote areas-from the sub-rule. Sub-rule (7)(iii) replaces "value of free meals" with "value of free food and non-alcoholic beverages" and provides that employer provided free food and non-alcoholic beverages during working hours at office or business premises, or via non-transferable paid vouchers usable only at eating joints, as well as tea or snacks and provisions in remote or offshore sites, are excluded to the extent specified.
Approval of Technology Information, Forecasting & Assessment Council (TIFAC), New Delhi for the period 1.4.2000 to 31.3.2003 u/s. 35(1)(ii)
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Tax approval for scientific research requires separate research accounts, annual DSIR return by May and audited accounts by October.
Approval of Technology Information, Forecasting & Assessment Council (TIFAC) as an Institution for research-related tax exemption is granted for 1 April 2000 to 31 March 2003, subject to maintaining separate research accounts, filing an Annual Return of scientific research activities with the Secretary DSIR by 31 May each year, and submitting audited annual accounts and an audited income & expenditure account for research activities to the DGIT(Exemption), Secretary DSIR, and the Commissioner/Director of Income Tax (Exemptions) by 31 October each year, plus filing the return of income; renewal applications must be submitted in triplicate.
Approval of M/s K.E.M. Hospital Research Centre for the period 1.4.2002 to 31.3.2005 u/s. 35(1)(ii)
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Research exemption approval requires separate research accounts and annual audited submissions by set statutory deadlines.
M/s K.E.M. Hospital Research Centre is approved as an Institution for research expenditure exemption for 1 April 2002-31 March 2005, subject to maintaining separate research accounts; filing an Annual Return of scientific research activities to the Secretary, Department of Scientific & Industrial Research by 31 May each year; and submitting audited annual accounts and audited income & expenditure account for research activities to the Director General of Income Tax (Exemption), the Secretary, DSIR, and the Commissioner/Director of Income Tax (Exemptions) having jurisdiction by 31 October each year, in addition to the income tax return.
The Central Govt. approved M/s OPG Energy Pvt. Ltd under section 10(23G)
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Approval under section 10(23G) conditions tax benefit on eligible business, maintenance of accounts and audited reports.
Approval is granted to M/s OPG Energy Pvt. Ltd. for income-tax exemption applicable to its collective captive power plant, subject to compliance with eligibility and procedural requirements, maintenance of books, audit by a qualified accountant, and furnishing of the prescribed audit report; the Central Government may withdraw approval if the undertaking ceases the eligible business or fails to maintain or audit accounts or to furnish the audit report.
The Central Govt. approved M/s Aircel Limited, 'Sterling Tower' under section 10(23G)
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Tax exemption approval renewed, subject to compliance and audit requirements for a cellular service enterprise.
Central Government renewed approval to M/s Aircel Limited under section 10(23G) read with rule 2E for its cellular mobile telephone service project in Tamil Nadu for the period tied to the ten-year Licence Agreement, subject to earlier termination on licence breach. The approval is conditional on conformity with the statutory provisions and rule requirements; the government may withdraw approval if the enterprise ceases the eligible business, fails to maintain audited books, or fails to furnish the required audit report.
The Central Govt. approved M/s Viraj Agro Products Pvt. Ltd under section 10(23G)
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Approval under section 10(23G) renewed for bulk liquid terminal operator, conditional on compliance with rule 2E and audit reporting.
Renewal of approval under section 10(23G) is granted to M/s Viraj Agro Products Pvt. Ltd. for developing, maintaining and operating a bulk liquid storage terminal at Jawaharlal Nehru Port, effective from assessment year 2004-05 until the lease term end (assessment year 2010-11, up to 28.11.2009) or earlier on lease breach; approval is conditional on compliance with the Income-tax Act provisions and the procedural rules and is subject to withdrawal if the undertaking ceases eligible business or fails to furnish the required audit report.
Agreement between the India and Sudan for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income notified
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Avoidance of double taxation: bilateral treaty allocates taxing rights and provides tax relief, dispute resolution and information exchange.
Agreement provides a bilateral framework to avoid double taxation and prevent fiscal evasion between India and Sudan by allocating taxing rights, defining residence and permanent establishment rules, specifying taxing treatments for categories of income (including business profits, dividends, interest, royalties, and capital gains), and prescribing elimination of double taxation through tax credits, a mutual agreement procedure for disputes, and exchange of information and limited collection assistance between competent authorities.
Section 10(23C)(iv) notifies the "India Trade Promotion Organisation, New Delhi" for the A.Y. 2004-2005 to 2006-2007
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Tax-exempt notification applies subject to charitable application of income, permitted investments, business-incidental limits and filing obligations.
Notification under Section 10(23C)(iv) notifies India Trade Promotion Organisation as eligible for the exemption for the stated assessment years, subject to conditions that income be applied wholly and exclusively to its objects; investments and deposits be limited to forms specified in Section 11(5) (except certain voluntary contributions in kind); business income is excluded unless incidental and maintained in separate books; and the assessee regularly files its return of income under the Income-tax Act.
Approval of 1171 Kms transmission System from Siliguri to Mandaula Project by M/s Powerlinks Transmission Ltd., New Delhi u/s. 10(23G)
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Tax exemption approval under section 10(23G) granted for a transmission project, subject to compliance and timelines.
Approval is granted to M/s Powerlinks Transmission Ltd for the 1171 kms Siliguri-Mandaula transmission project under the income tax provision for specified exempt enterprises, effective from assessment year 2004-05 for the licence period. The approval is conditional on conformity with the governing provision and rule, maintenance and audit of prescribed accounts, furnishing the audit report, and commencement of the project's transmission or distribution lines by 31 March 2006; failure on these conditions permits Central Government to withdraw the approval.
Approval of Central Manufacturing Technology Institute, Tumkur Road, Bangalore for the period 1.4.2001 to 31.3.2004 u/s. 35(1)(ii)
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Research institution approval: conditional tax recognition with mandatory separate research accounts and specified annual reporting obligations.
Approval is granted to Central Manufacturing Technology Institute as an Institution for research-related tax benefits, conditional on maintaining separate books for research, filing an annual return of scientific research activities to the Secretary, Department of Scientific & Industrial Research by 31st May, and submitting copies of audited annual accounts and audited income & expenditure account for research activities to the Director General of Income-tax (Exemption), the Secretary, DSIR, and the relevant Commissioner/Director of Income-tax (Exemptions) by 31st October, in addition to the designated income-tax return. Renewal applications must be filed in triplicate.
Income-tax (Twelfth Amendment) Rules, 2004
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Delegation of signature and approval authority: Principal Scientific Adviser may authorise deputy secretary to issue R&D orders and sign forms.
The amendment authorises the Principal Scientific Adviser to permit an officer not below the rank of Deputy Secretary to issue orders approving scientific research programmes and to sign prescribed forms for specified persons; that authorised officer must submit the report to the Director General (Income tax Exemptions). It replaces the bracketed prescribed authority signature text with a generic "(Signature)" and adds notes that Heads of National Laboratories, Universities or Indian Institutes of Technology shall sign for those institutions while specified persons' forms may be signed by the authorised Deputy Secretary rank officer.
The Central Govt. approved M/s Lanco Kondapalli Power Priavate Limited (formerly M/s Lanco Kondapalli Power Limited) under section 10(23G)
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Approval under section 10(23G) renewed, subject to compliance with accounting, audit and eligible business conditions.
Approval under section 10(23G) was renewed for M/s Lanco Kondapalli Power Private Limited for a liquid fuel power generation project for a fixed fifteen-year period, conditional on compliance with the Income-tax Act and procedural rules, including maintenance of books, statutory audit, and furnishing of the audit report; the Central Government may withdraw approval for cessation of eligible business or failure to meet accounting or audit obligations.
The Central Govt. approved Tata Memorial Centre under section 35(1)(ii)
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Research institution approval under section 35(1)(ii) requires separate research accounts and annual audited submissions.
Tata Memorial Centre is approved as an Institution under section 35(1)(ii) for 1 April 2003 to 31 March 2006 subject to conditions: maintain separate books for research activities; submit audited annual accounts and audited income & expenditure accounts for research to the Director General of Income-tax (Exemption) and the Commissioner/Director of Income-tax (Exemptions) by 31 October each year; and file the income-tax return with the designated assessing officer. The separate-books requirement does not apply to organisations categorised as associations, and the organisation should apply in triplicate for renewal.
The Central Govt. approved Research Foundation for Jainology 18 under section 35(1)(ii)
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Research exemption approval requires separate research accounts and annual audited submissions to tax authorities each year.
Central Government notification approves Research Foundation for Jainology under Section 35(1)(ii) as an "Institution" for a specified period, subject to maintaining separate books for research activities and submitting audited annual accounts and a separate audited Income & Expenditure Account for those research activities to the exemption authorities and jurisdictional Commissioner/Director by 31 October each year, in addition to filing the return of income with the assessing officer.
Section 10(23C)(v) notifies the Mar Thoma Syrian Church of MaIabar, Thiruvalla, Kerala
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Tax exemption under section 10(23C)(v) granted to Mar Thoma Syrian Church subject to application, investment, business and dissolution conditions.
Notification recognises Mar Thoma Syrian Church of Malabar, Thiruvalla, Kerala for tax exemption under sub-clause (v) of clause (23C) of section 10 for assessment years 2004-2005 to 2006-2007, conditional on applying income wholly and exclusively to its objects; restricting investments to legally permitted forms; excluding business income unless incidental and separately accounted; regularly filing returns; and transferring surplus and assets to a charitable organisation with similar objects on dissolution.
Section 10(23C)(iv) notifies the Jehangir Art Gallery, Mumbai
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Tax exemption for notified charitable gallery granted subject to operational, investment, return-filing and dissolution conditions.
Notification grants tax exemption under section 10(23C)(iv) to Jehangir Art Gallery, Mumbai for assessment year 2005-2006 subject to conditions: apply or accumulate income exclusively for established objects; restrict investments to modes specified in section 11(5) (except certain voluntary contributions in kind); business income excluded unless incidental and separately accounted; regular filing of income-tax returns; and on dissolution transfer surplus and assets to a charitable organisation with similar objectives.
Section 10(23C)(iv) notifies The Institute of Chartered Accountants of India, New Delhi
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Tax exemption notification: Institute recognised subject to exclusive charitable purpose, permitted investments, business limits and filing compliance.
Notification grants tax-exempt recognition to The Institute of Chartered Accountants of India for specified assessment years provided it applies or accumulates income wholly and exclusively for its objects, confines investments and deposits (except certain voluntary contributions retained as jewelry or furniture) to permitted modes, treats business income as exempt only when incidental and maintained in separate books, files income-tax returns regularly, and, upon dissolution, transfers surplus and assets to a charitable organisation with similar objectives.
Section 10(23C)(iv) notifies the Bala Mandir Kamraj Trust, Chennai
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Charitable trust notification conditioned on exclusive application of income and restricted permitted investments, with dissolution asset transfer requirement.
Notification recognises Bala Mandir Kamraj Trust for specified assessment years subject to conditions: income must be applied or accumulated exclusively for trust objects; investments permitted only in specified modes with an exception for voluntary contributions in kind; business profits excluded unless incidental and separately accounted; regular filing of income-tax returns is required; on dissolution surplus and assets must transfer to a charitable organisation with similar objectives.

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