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Amendments in the NOTIFICATION NO. 06/2002-CE, DT. 01/03/2002 (73.17 Animal shoe nails )
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Exemption for animal shoe nails inserted into Central Excise tariff table, specifying duty as nil under the amendment.
The Government amends the Central Excise exemption schedule to insert a new table entry for animal shoe nails (tariff heading 73.17) specifying duty as Nil, thereby adding that item to the miscellaneous exemptions in the principal notification.
Foreign Exchange Management (Current Account Transactions) (Amendment) Rules, 2004.
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Current account remittance rules amended to permit transponder hiring charges and set limits for commissions on property sales abroad.
The amendment revises Schedules II and III of the Current Account Transactions Rules: it permits remittance of hiring charges of transponders by TV channels and internet service providers; omits specified existing schedule items; replaces item eleven to regulate commission per transaction to agents abroad for sale of residential flats or commercial plots in India by reference to a prescribed threshold; substitutes item sixteen to allow remittance for purchase of trademark or franchise in India.
Section 10(23C)(iv) notifies the "Gandhi Smarak Sangharalaya Samiti, New Delhi" for the A.Y. 2002-2003 to 2004-2005
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Tax exemption notification for a charitable trust requires exclusive application of income, restricted investments, and compliance obligations.
The Central Government notifies Gandhi Smarak Sangharalaya Samiti as eligible for the exemption under clause (iv) of clause (23C) of section 10 for specified assessment years, subject to conditions: apply or accumulate income wholly and exclusively to its objects; invest or deposit funds only in forms permitted by law (except specified tangible voluntary contributions); exclude business income unless incidental with separate books; regularly file income-tax returns; and on dissolution transfer surplus and assets to a similar charitable organisation.
Section 10(23C)(iv) notifies the "The Institute of Company Secretaries of India, New Delhi"
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Tax exemption under section 10(23C)(iv) applies to the Institute of Company Secretaries, subject to specified compliance conditions.
Notification under section 10(23C)(iv) grants tax-exempt status to the Institute of Company Secretaries of India for specified assessment years, conditional on applying income wholly to its objects; limiting investments to prescribed modes (except certain voluntary contributions held as jewellery or furniture); excluding business profits unless incidental and separately accounted; regular filing of income-tax returns; and transferring surplus and assets on dissolution to a charitable organisation with similar objectives.
Section 10(23) notifies the "Poona District & Metropolitan Badminton Association, Pune"
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Tax exemption under section 10(23) granted to a badminton association subject to charitable use, investment and dissolution conditions.
Central Government notified the Poona District & Metropolitan Badminton Association, Pune under section 10(23) for assessment years 1993-94 to 1995-96, subject to conditions that income be applied exclusively to its objects, investments be limited to prescribed forms, business income be treated as incidental only if separately accounted, returns be regularly filed, and surplus on dissolution be transferred to a similar charitable organisation.
Amendments in the Service Tax Rules, 1994
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Service tax rule amendments increase specified percentage rates under Service Tax Rules, altering references effective on Gazette publication.
The Service Tax (Third Amendment) Rules, 2004, made under the Finance Act, substitute two numerical percentage references in rule (6), sub-rule (7) of the Service Tax Rules, 1994, increasing the lower specified percentage and increasing the higher specified percentage; the Rules come into force on publication in the Official Gazette and apply prospectively except as to prior acts or omissions.
Exemption to goods when imported against an Advance Licence for Annual Requirement
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Customs exemption for imports under Advance Licence permits duty-free inputs subject to export obligation, bond and utilisation conditions.
Exemption from customs and additional duties is available for materials imported under an Advance Licence or Advance Authorisation for Annual Requirement with actual user condition, subject to conditions: licence issuance to manufacturer or merchant exporters specifying export product group and values; production of the licence at customs for debiting imports; execution of a bond to secure duty where obligations are not complied with; utilisation of materials solely for discharge of export obligation or replenishment; discharge of export obligation within the licence period or extended period; and customs verification of export discharge within thirty days of expiry.
Exemption to goods when imported against an Advance Licence
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Exemption for Advance Licence imports requires licence compliance, bonds, specified ports and discharge of export obligations.
Exemption for materials imported under an Advance Licence relieves specified customs and additional duties subject to conditions: conformity with the licence, production at clearance, endorsements linking imports to resultant exports, execution of a bond (unless export obligation discharged), use of specified ports/depots/SEZs unless permitted otherwise, discharge and proof of export obligation within prescribed/extended periods, prohibition on transfer or sale of licence and materials (with limited post bond redemption transfers), joint bonds and utilisation requirements for merchant exporters, re export of defective materials within three years if identified, and an interest cap on default regularisation.
Exemption to specified goods when imported against a Served From India Scheme Certificate
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Customs exemption for Served From India imports requires valid certificate, specified goods, port routing and installation compliance.
Exemption from customs and additional duties is granted for specified capital goods, office and professional equipment, office furniture, consumables and certain food and beverage items imported against a Served From India Scheme Certificate, subject to production of the certificate with sufficient credit, non transferability (with limited intra group actual user exceptions), installation/use certification for capital goods within six months or approved extension, exclusion of vehicles, and importation through specified ports, airports, ICDs, LCSs or notified SEZs.
Exemption to goods when imported against an Advance Licence for Deemed Exports
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Customs exemption for deemed exports permits duty-free import of materials when licence, bond and utilisation conditions are satisfied.
Materials imported under an Advance Licence or Advance Authorisation for deemed exports are exempt from basic customs duty and specified additional duties subject to conditions: production of the licence at clearance, specified licence endorsements on description/quantity/value of duty-free materials and final goods, execution of a bond securing duty (plus interest) for non-compliance, evidence of fulfilment of supply obligations within prescribed periods, utilisation of materials in manufacture with restrictions on transfer or disposal, and adherence to permitted ports, airports, ICDs or SEZs.
Exemption to goods when imported against DFRC or DFRC for intermediate supply
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Duty-free import entitlement under DFRC enables customs exemption for materials used in exported goods when prescribed conditions are met.
Exemption from customs duty applies to materials imported under a Duty Free Replenishment Certificate or DFRC for intermediate supply, conditional on production of the DFRC issued by the Licensing Authority, specified endorsements detailing SION, shipping bill or excise invoice particulars for deemed exports, and descriptions, values and quantities of permitted materials; materials must meet prescribed technical specifications for certain resultant products, transferability of DFRCs and materials is restricted in specified situations, and imports/exports must occur through listed ports, airports, ICDs or notified SEZs unless the Commissioner permits otherwise.
Amendments in the notification No. 21/2002-Customs, dated the 1st March, 2002
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Customs exemption amendments expand duty-free treatment for effluent treatment plant machinery and revise import conditions for garment and footwear manufacturers.
The notification substitutes "Nil" in column (5) for specified serial entries and inserts an exemption entry for machinery or equipment for effluent treatment plants for the leather industry. The Annexure amendments redefine eligible importers for handicrafts, increase the allowance rate under condition 12, recast condition 21 to require exporter council registration and cap imports as a percentage of preceding financial year FOB exports with a separate cap for lining materials, expand condition 21A to include synthetic footwear and raise its allowance rate, and add a condition permitting exemption for leather-product manufacturers importing effluent-treatment goods upon furnishing a certificate from a Deputy Secretary-level officer in the Department of Industrial Policy and Promotion.
Related to educational cess
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Education cess exemption: government updates statutory citation to confirm import exemption for listed goods under customs tariff schedule.
The government amends a prior notification to substitute provisional Finance Bill references with provisions of the Finance Act, and, under that substituted preamble, exempts goods specified in column (2) of the Table and falling within the First Schedule to the Customs Tariff Act from the whole of the Education Cess leviable on their importation under the cited Finance Act provisions.
Amendments in NOTIFICATION NO. 06/2002-CE, DT. 01/03/2002 (Cha. 48 - Paper and paperboard or articles)
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Central Excise exemption for paper products and competitive-bid supplies introduced with specified manufacturing and import parity conditions.
New entries add a Central Excise concession for paper and paperboard manufactured from pulp containing at least seventy-five percent by weight of pulp from materials other than bamboo, hard woods, soft woods, certain reeds or rags, and a concession for goods supplied against international competitive bidding. Annexure conditions bar the exemption where the factory has an attached bamboo or wood pulp plant, exclude manufacturers already claiming specified prior exemptions, and limit the concession to goods that are also exempt from customs duty and additional duty when imported.
Rate of interest – Section 75
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Rate of interest under Section 75: notification fixes annual interest for service tax defaults and records later supersessions.
Notification No. 26/2004 ST dated 10/09/2004 fixes the annual rate of interest for the purposes of Section 75 of the Finance Act, 1994 for calculation of interest on service tax liabilities; the provision was subsequently substituted by Notification No. 14/2011 with an appointed date and later superseded by Notification No. 12/2014.
Exemption to value of specified services [expanded by Finance (No. 2) Act, 2004] received prior to 10-9-2004.
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Service tax exemption for specified categories of services received before the stated cutoff removes tax on defined portions of taxable value.
Exemption from service tax is granted for the portion of value of specified taxable services received by service providers prior to 10th September 2004. The listed categories include commissioning and installation for erection; sub-broker services for securities on recognised exchanges; cable services by multi system operators; specified business auxiliary services by commercial concerns; banking and financial services and related instruments and facilities; tour operator services (with specified exclusions); and life insurance services in relation to risk cover. A corrigendum corrected terminology concerning commercial concerns and bodies corporate.
Exemption to vocational/recreational training institute for providing commercial traning or coaching services
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Service tax exemption for vocational and recreational training institutes, excluding computer training institutes, limits taxable coaching services.
Exempts from service tax commercial training or coaching services provided by vocational training institutes (Industrial Training Institutes/Centres affiliated to the National Council for Vocational Training offering designated trades) and recreational training institutes (centres providing training in activities such as dance, singing, martial arts or hobbies), but provides that the exemption does not apply to commercial training or coaching by computer training institutes.
CENVAT Credit Rules, 2004
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CENVAT credit entitlement clarified - rules define eligibility, utilisation, transfer and recovery obligations for input and service credits.
The rules prescribe the scope and eligibility for CENVAT credit on specified excise duties, additional duties and service tax paid on inputs, capital goods and input services received after the commencement date; permit phased credit for capital goods; require separate accounts or prescribed adjustment mechanisms where inputs/services serve exempt and taxable outputs; allow credit utilisation for payment of excise or service tax or refund in export situations; and impose documentary, filing and recordkeeping obligations, transfer provisions on relocation or ownership change, and recovery, confiscation and penalty mechanisms for non-compliance.
Rescinds the Notification No. 04/1999-ST, Dated 28/02/1999 and Notification No. 9/2002 ST, Dated 1/8/2002
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Rescission of service tax notifications removes prior notifications' effect while preserving acts or omissions before rescission.
The Central Government, under section 93 of the Finance Act, 1994, rescinds Notification No. 4/99-Service Tax (28 February 1999) and Notification No. 9/2002-Service Tax (1 August 2002), terminating their future effect while preserving legal consequences for acts done or omissions occurring before the rescission through an explicit savings clause.
Effective rate of service tax on service provided by a pandal or shamiana contractor
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Service tax exemption for pandal or shamiana contractors limits taxable value where catering is included, subject to credit and benefit conditions.
The notification exempts service tax on services provided by a pandal or shamiana contractor to the extent that tax exceeds the amount calculated on a value equal to seventy per cent of the gross amount charged, including services rendered as a caterer. The exemption is subject to three conditions: the contractor must also provide catering with billing indicating catering charges as inclusive; no Cenvat credit on inputs or capital goods has been taken; and the contractor must not have availed benefit under the earlier notification. "Food" is defined as a substantial and satisfying meal.

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