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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.
Securities and Exchange Board of India (Appeal to the Central Government) Amendment Rules, 1998.
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Appeal fee increase for securities regulator appeals, and a new paid copy-of-order procedure introduced.
The Amendment substitutes the fee in rule 5(1), increasing the appeal filing fee from rupees five hundred to rupees five thousand, and inserts a new rule allowing any person other than the appellant or the Board to obtain a copy of an order under rule 16 after depositing one hundred rupees under the head "065-Other-Admn, Services-Other Receipts."
Customs (Fees for Rendering Services by Customs Officers) Regulations, 1998
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Customs service fees: hourly charges, minimum billing blocks, and defined overtime conditions govern officer services on request.
Fees are prescribed for rendering customs services by customs officers on request, with defined categories of customs work, rendering of services, and working hours. The regulations fix hourly rates by officer category and by working day or holiday, with liability on the person requesting the service or on whose account it is requested. The levy is subject to a minimum charge of three hours, special treatment for the midnight-to-6 A.M. period, and block charging for work performed during working hours.
Amendment in the notification No. S.O. 195(E) published in the Gazette of India, Extraordinary, Part II, section 3, sub-section (ii) dated the 9th March, 1992
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Notification amendment substitutes Secretary's name in prior Gazette notification, updating an official designation under statutory authority.
The Central Government, under section 3 read with clause (b) of sub-section (1) of section 4 of the SEBI Act, 1992, amends a prior Gazette notification by substituting the previously named Secretary with a new Secretary, updating the official designation in the published notification without altering other substantive provisions.
Renewal of the recognition Mangalore Stock Exchange Limited, Mangalore.
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Renewal of recognition under Securities Contracts regulation grants limited-term exchange authorization subject to prescribed conditions.
Renewal of recognition of Mangalore Stock Exchange Limited was granted by SEBI under Section 4 of the Securities Contracts (Regulation) Act, 1956, following the exchange's application under Section 3; the grant authorises dealing in contracts in securities for a limited three year period and is subject to conditions to be prescribed or imposed, being made in the interest of trade and the public.
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.
Maintenance spares imported for the initial setting up of an industrial unit for electronic items or the substantial expansion of an existing industrial unit for electronic items — Exemption
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Exemption of maintenance spares prevents recovery of differential customs duty for the retrospective disputed period.
The Central Government directed that customs duty and auxiliary duty in excess of the concessional rate under Notification No. 315/83-Cus shall not be required to be paid in respect of maintenance spares imported with goods for initial setting up or substantial expansion of electronic manufacturing units, for the period commencing 27th November, 1983 and ending 1st July, 1992, thereby waiving recovery of differential duty in light of prevailing assessment practice and a subsequent amendment clarifying applicability.
Body building parts and conponents - Exemption provision amended
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Exemption threshold for body building components increased, altering eligibility for tariff relief from the amended notification.
Amendment revises the Table to the principal tariff notification by substituting the per square metre limit in column (3) against specified serial entries for body building parts and components, thereby increasing the exemption threshold for those items. The change is made under the excise and additional duties statutory powers as a public interest regulatory measure and takes effect from the stated effective date.
Renewal of the recognition Mangalore Stock Exchange Limited, Mangalore.
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Renewal of recognition: exchange licence renewed under the Securities Contracts (Regulation) Act for a limited, conditional term.
SEBI granted renewal of recognition to Mangalore Stock Exchange Limited pursuant to an application under Section 3 of the Securities Contracts (Regulation) Act, 1956, exercising powers under Section 4 to permit continued dealings in contracts in securities for a limited term, conditioned as may be prescribed or imposed, on the ground that renewal served trade and public interest.
Central Excise Rules - Thirteenth Amendment of 1998
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Manufacturer-exporter self-sealing allowed for eligible exporters with advance intimation and authorised certification required.
The amendment allows eligible manufacturer-exporters-those meeting a high duty-paid threshold or holding recognised export house status-to seal packages at the place of dispatch and remove them for export provided they give the proper officer at least twenty four hours' intimation (or a shorter period allowed by the Commissioner) and obtain certification on the application by a senior official or an authorised board representative that the goods were sealed in his presence.
EOUs/EPZ/EHTP- Minimum export performance prescribed
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Minimum net foreign exchange performance rules for EOUs/EPZ/EHTP updated, sectoral NFEP and DTA sale cap clarified under FTP.
Amendment prescribes sectoral minimum Net Foreign Exchange Performance (NFEP) and corresponding five year minimum export performance requirements for EOU/EPZ/EHTP units, setting either NFEP percentages or alternative export floors relative to CIF value of imported capital goods; it also permits specified agriculture related units to sell up to 50% of production in the DTA subject to positive net foreign exchange and DTA sale guidelines.
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.
Drawback on imported materials used in the goods to be exported - Amendment to Notification No. 44/91-Cus. (N.T.)
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Drawback on imported materials amended; specified materials removed from drawback entitlement list for exported goods.
Drawback entitlement for certain imported inputs used in exported goods is narrowed by deletion of specified materials from the schedule annexed to Notification No. 44/91-Cus.(N.T.), removing the named items from the list of materials eligible for drawback under the principal notification, effective from the notified commencement date.
Central Excise Rules - Twelfth Amendment of 1998
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Credit of duty on inputs may be allowed despite an unspecified intermediate product if statutory specification conditions are met.
Insertion of a new sub-rule authorises the Assistant Commissioner of Central Excise to allow credit of duty paid on inputs used in manufacturing a final product notwithstanding production of an intermediate product not specified earlier, provided the Assistant Commissioner is satisfied that the inputs and final products were specified under the earlier specification regime prior to its omission and were specified as inputs or final products under the subsequent regime as on the operative cutoff date.
Amendments in the Export and Import Policy, 1997-2002
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EPCG export averaging: exports under an EPCG licence are excluded from calculating average export performance for later EPCG licences.
Amendment excludes exports made under an EPCG licence from the calculation of average export performance when assessing eligibility for a subsequent EPCG licence, modifying Paragraph 6.5(v) of the Export and Import Policy, 1997-2002.
Notifies the ITC(HS) Classifications of Export and Import Items 1997-2002
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ITC(HS) classifications revised and notified under foreign trade statute, bringing updated export-import schedule into force.
Notifies the ITC(HS) Classifications of Export and Import Items 1997-2002 as the revised edition incorporating amendments up to the date of issuance, invokes the Central Government's powers under the foreign trade enactment and the Export and Import Policy framework, and declares the revised edition to come into force on the date of notification for use as the operative classification schedule.

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