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Income-tax (Fourteenth Amendment) Rules, 1998
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Exception for house property loss: amendment requires separate disclosure and computation of house property loss in income reporting.
The amendment narrows the exclusion in rule 26B to except the loss under Income from house property from the general parenthetical phrase, and revises Form 12C item 4 to require separate disclosure of non-salary incomes-specifically listing Income from house property (with computation if a loss), business or profession, capital gains, and other sources-while adjusting item 5 to match the new enumeration.
Central Government appoints the 1st day of October, 1998, as the appointed day u/s 246A.
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Appointed day under Income Tax Act designated, fixing the operative commencement date for the Explanation to the provision.
Central Government designates 1st October 1998 as the appointed day for the purpose of the Explanation to the provision relating to section 246A of the Income-tax Act, 1961 by formal notification of the Central Board of Direct Taxes, thereby fixing the operative commencement date for that Explanation under the Act.
Central Board of Direct Taxes specifies equity shares to be issued by the Tata Tele Services Limited, a public company u/s 54EB
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Capital gain reinvestment into specified equity shares allowed, subject to holding period and taxability on early transfer.
Central Board of Direct Taxes specifies issuance of specified equity shares by a public company to qualify as eligible investment for relief from tax on long term capital gain, authorising issue within one year subject to a stated monetary ceiling, provided the investment is made out of income chargeable under the head Capital gain from transfer of a long term capital asset; if the assessee transfers the allotted shares within three years, the initial investment shall be chargeable to tax under the head Capital gain in accordance with the statutory provision on re transfer.
Central Board of Direct Taxes specifies equity shares to be issued by the Tata Tele Services Limited u/s 54EA
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Reinvestment of long-term capital gains into specified equity shares triggers a three-year lock-in; early transfer makes gains taxable.
Notification under Section 54EA specifies that equity shares to be issued by Tata Tele Services Limited are eligible for reinvestment of long-term capital gains where the investment is made from income chargeable as capital gain, must be issued within one year of publication, and that transfer of allotted shares within three years will render the initial investment chargeable to tax as capital gain under sub-section (2) of Section 54EA.
Income-tax (Twelth Amendment) Rules, 1998
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Depreciation rules updated for tangible and intangible assets; computers and IP assigned higher allowable rates under amended tax rules.
Amendments to Appendix I of the Income-tax Rules, 1962 take effect from 1 April 1999: a new heading "A. TANGIBLE ASSETS" is inserted above 'BUILDINGS', "Computers" is added under 'III. MACHINERY AND PLANT' with depreciation at 60%, and a new heading "B. INTANGIBLE ASSETS" is added listing know-how, patents, copyrights, trademarks, licences, franchises and similar business or commercial rights with depreciation at 25%.
Supersession of all existing orders - Designation and Jurisdiction u/s 120
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Supersession of orders: designation of Commissioners of Income tax (Appeals) fixes territorial and case class jurisdiction, replacing prior allocations.
The notification supersedes prior orders by designating specific Commissioners of Income tax (Appeals) with headquarters and assigning them jurisdiction over defined territorial areas, classes of incomes and classes of cases-including TDS matters and specifically assigned cases-with monetary thresholds initially applying but slated to cease operation from a later specified date.
Notifies the Petroleum Sports Control Board, New Delhi u/s 10(23)
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Tax exemption under section 10(23) grants conditional relief to Petroleum Sports Control Board for specified assessment years.
Notification grants tax-exempt status to the Petroleum Sports Control Board for specified assessment years subject to conditions: income must be applied or accumulated exclusively for its objects in accordance with statutory provisions; voluntary contributions held for deposit are limited to notified tangible forms or specified investment modes; income distribution to members is prohibited except as grants to affiliated bodies; and business profits are excluded from the notification unless the business is incidental to the objects and maintained in separate books.
Exemption from capital gains : Long-term capital assets for reinvestment specified u/s 54EA
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Exemption from capital gains for reinvestment in specified preference shares, subject to time and transfer conditions.
Exemption from capital gains is permitted for reinvestment of long-term capital gains in preference shares specified under Section 54EA, where those shares are issued by the named company within one year of the notification and subject to the prescribed monetary limit. The exemption requires the investment to be made out of income chargeable as capital gains, and if the assessee transfers the allotted shares within three years of allotment the initial investment is recaptured and becomes chargeable to tax as capital gains in accordance with the statutory recapture provision.
Inland Container Depot and Central Freight Station notified as infrastructure facility u/s 80-IA(12)(ca)
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Infrastructure facility designation: inland container depots and container freight stations qualify under section 80-IA(12)(ca) when customs-notified
Notification designates Inland Container Depot and Container Freight Station as infrastructure facilities under clause (ca) of sub section (12) of section 80-IA of the Income tax Act, conditional on those places being notified as Inland Container Depot including Container Freight Stations under the Customs Act; the notification text records later substitutions altering earlier terminology.
Central Government specifies 10.5 per cent. tax-free Konkan Railway Bonds u/s 10(15)(iv)(h)
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Tax-exempt bonds under section 10(15)(iv)(h): Konkan Railway issuance tax-free, entitlement conditioned on holder registration.
Central Government specifies 10.5 per cent tax-free Konkan Railway Bonds of the sixth series as falling under the tax exemption in clause (15)(iv)(h) of section 10, identifying distinctive numbers and the aggregate amount issued by Konkan Railway Corporation Limited. The notification provides that the tax benefit is admissible only if the holder registers his or her name and the holding with Konkan Railway Corporation Limited.
Designation of the Commissioner of Income-tax (Appeals) Calcutta u/s 120
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Designation of Appellate Commissioner: Commissioner of Income-tax (Appeals) to hear appeals from specified assessing officers in Calcutta.
The Chief Commissioner designates the Commissioner of Income-tax (Appeals)-VI, Calcutta to perform appellate functions in respect of persons assessed to income-tax, wealth-tax, gift-tax, surtax, interest-tax, expenditure-tax or estate duty where aggrieved by orders specified under the relevant provisions of the Income-tax Act and allied statutes, limited to assessments made by the assessing officers under Deputy Commissioner Range-7, Special Range-I and Range-22 in Calcutta.
Agreement between the Government of the Republic of India and the Government of the Russian Federation for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes
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Withholding tax limits on cross border dividends, interest and royalties restricted under the treaty, with mutual relief mechanisms.
Bilateral convention between India and the Russian Federation allocates taxing rights on income of residents, defines residency and permanent establishment rules, attributes business profits to permanent establishments on an arm's length basis, and prescribes source taxation regimes for dividends, interest, royalties and fees for technical services subject to limited source taxation and exemptions. It provides methods for elimination of double taxation, a mutual agreement procedure for disputes, exchange of information with confidentiality safeguards, a non discrimination rule, and protocol modifications addressing international transport, supervisory activities on projects and permissible rate differentials for permanent establishment taxation.
Provisions relating to obligatory filing of returns not to apply to travel to certain neighbouring countries u/s 139(1)
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Exclusion of neighbouring countries from return filing travel requirement clarifies which cross border visits do not trigger filing.
The Central Board of Direct Taxes specifies that the phrase "travel to any foreign country" for the purposes of the obligatory filing of income tax returns does not include travel to a defined set of neighbouring countries, thereby excluding such visits from the statutory travel based return filing trigger and prescribing the territorial scope of that exception.
Provisions relating to obligatory filing of returns not to apply to travel to certain places of pilgrimage to foreign countries u/s 139(1)
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Obligatory filing exemption: travel for specified pilgrimages abroad is not treated as foreign travel for return filing.
Travel to Saudi Arabia for Haj pilgrimage organised by the Central Haj Committee, Mumbai, and travel to China for the Kailash Mansarovar pilgrimage organised by the Ministry of External Affairs are specified as places of pilgrimage and shall not be regarded as travel to a foreign country for purposes of the obligation to file income-tax returns.
Provisions relating to obligatory filing of returns not to apply to certain classes of persons u/s 139(1)
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Obligatory income-tax return filing exemption for specified non-residents and seniors not engaged in business, clarifying applicability.
Notification under the second proviso to section 139(1) excludes from the obligatory filing of returns two classes: non residents falling within the first proviso's specified conditions and individuals aged sixty five or over not engaged in business or profession, in relation to particular clauses of that first proviso.
Cost Inflation Index
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Cost Inflation Index values are prescribed financial-year-wise for indexation under the Income-tax Act.
The Central Government specifies the Cost Inflation Index under the Explanation to section 48 of the Income-tax Act, 1961, having regard to seventy-five per cent of the average rise in the Consumer Price Index for urban non-manual employees. A financial-year-wise table prescribes index values from 1981-82 through 2016-17. Subsequent notifications inserted entries from 1999-2000 to 2016-17, extending and updating the prescribed Cost Inflation Index table.
Amendment in the convention between the Republic of India and the Republic of Finland for the Avoidance of Double Taxation with respect to Taxes on Income and on Capital
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Withholding tax caps and exemptions on dividends, interest and royalties set under amended double taxation treaty.
Protocol amends the India-Finland Convention to specify taxable categories as Finnish tax and Indian tax, defines competent authority, fiscal year and the term tax, caps source-state withholding on dividends at 15% (with specified exemptions), caps withholding on interest at 10% with exemptions for specified financial institutions and guaranteed loans, and imposes capped rates and definitions for royalties and fees for technical services with listed exclusions; it also provides a 10% ownership exemption for certain cross-border corporate dividends and establishes entry-into-force and phased application rules.
Exemption u/s 35AC - Central Government had specified for construction of Ujjain Charitable Trust's Hospital and Research Centre at Bhudwaria in Ujjain, Madhya Pradesh of Ujjain Charitable Trust Hospital and Research Centre, (M. P.) as an eligible project or scheme
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Exemption under Section 35AC confirms hospital construction as eligible project, extending tax relief for specified assessment years.
The Central Government, exercising powers under sub-section (1) read with clause (b) of the Explanation to Section 35AC, specifies the construction of Ujjain Charitable Trust's Hospital and Research Centre at Bhudwaria, Ujjain, as an eligible project at an estimated cost of rupees one hundred fifty lakhs, for a further period of three assessment years commencing from the assessment year 1999-2000, following the National Committee's recommendation under rule 11M(5) of the Income-tax Rules, 1962.
Exemption u/s 35AC - Central Government had specified for construction, equipment, furnishing of polio centre and eye hospital at ShriAtmaVallabhHospital Compound, Idar, Gujarat of Shri Vishvakalyan Society-Idar, Gujarat as an eligible project or scheme
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Exemption under section 35AC extended for polio centre and eye hospital project, eligible for three further assessment years.
The Central Government specified the construction, equipment and furnishing of a polio centre and an eye hospital at Shri Atma Vallabh Hospital compound, Idar, Gujarat, as an eligible project for exemption under section 35AC and, on the National Committee's recommendation, extended that eligibility for a further three assessment years commencing from assessment year 1999-2000 at the estimated project cost set out in the notification.
Exemption u/s 35AC - Central Government had specified for construction, equipment, furnishing and running of Smt. Lakshmi Shah Rural Medical and Research Centre of Smt. Lakshmi and Shri Janki Lal Shah Foundation, Mumbai as an eligible project or scheme
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Exemption under section 35AC: eligibility for the specified rural medical centre renewed for an additional assessment-period.
The Central Government has renewed the specification of the project for construction, equipment, furnishing and running of Smt. Lakshmi Shah Rural Medical and Research Centre as an eligible project under section 35AC, following a recommendation by the National Committee that the project is being executed properly, thereby extending the project's eligibility for income-tax exemption for a further period of three assessment years commencing from the stated assessment year.

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