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Rebate of whole of the duty paid on excisable goods used in manufacture or processing of export goods
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Rebate of excise duty on inputs for exported goods allowed subject to declaration, engineer certification, and prescribed export procedure.
Rebate of whole of duty on excisable materials used in manufacture or processing of export goods is allowed subject to filing a detailed declaration with the Assistant/Deputy Commissioner, supporting Chartered Engineer certificate where applicable, departmental verification and approval, procurement under prescribed invoicing without availing CENVAT credit, permitted removal of materials for processing or testing under conditions, export under Form A.R.E.2 following specified procedures, and lodging the rebate claim with the jurisdictional Assistant/Deputy Commissioner within the statutory period; "duty" is defined to include multiple excise duties and cesses.
Rebate of the whole of the duty paid on the excisable goods - exported to Nepal (Rescinded vide notification no. 25/2011 C(NT) dated 5-12-2011, w.e.f. 1.3.2012)
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Rebate of excise duty: permitted for goods exported to Nepal subject to prescribed documentation and customs procedures.
Rebate of excise duty on goods exported to Nepal is allowed subject to conditions limiting rebate to the aggregate customs duty levied by Nepal, export after payment of duty from factory/approved warehouse within prescribed time, and transit through specified land customs stations. A prescribed quadruplicate invoice and sealing by Central Excise officers are required, with duplicate/triplicate copies routed to Nepalese customs and the Directorate General (Nepal Refund Wing) which compiles monthly recapitulation statements, verifies payments through Commissioners and conducts adjustments and audits before rebate payment.
Directs that there shall be granted rebate of the whole of the duty paid on all excisable goods exported to any country other than Bhutan
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Rebate of excise duty on exported goods: conditions, exclusions, and procedural sealing and claim requirements govern entitlement.
Directs rebate of whole excise duty on First Schedule goods exported to countries other than Nepal and Bhutan, subject to conditions including export after duty payment from factory or warehouse, export within prescribed time limits, market price not below rebate claimed, and exclusion of prohibited exports or those covered by specified notifications; prescribes sealing, Form A.R.E.1 processing, customs certification, and claim filing or electronic declaration procedures for sanction and disbursement.
Amendments in the Central Excise Rules, 2002
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Removal of goods by export-oriented undertaking requires invoice and duty payment before domestic removal, permitting CENVAT credit use.
The amendment to rule 17 prescribes that removals from a hundred per cent. export-oriented undertaking to the domestic tariff area must be made under an invoice in accordance with rule 11, and requires payment of appropriate duty before removal by debiting the account current maintained for this purpose or by utilizing the CENVAT credit.
One warehoser to another - Extends the facility of removal of all excisable goods
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Removal of excisable goods to warehouses permitted without duty, extending duty-free transfer for specified products and ship stores.
Extends the facility permitting removal of excisable goods from the factory to a warehouse, or from one warehouse to another, without payment of duty for specified products, covering certain Chapter 29 chemicals and specified consumer/provisioning items when cleared to Customs-appointed or licensed warehouses for direct supply as stores to foreign-going vessels or aircraft or to meal uplift stations; incorporates an insertion for bunker fuels and supersedes the earlier related notification.
Coir fibre exempted from Customs duty - Amendment to Notification No. 21/2002-Cus.
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Customs duty exemption for coir fibre introduced, creating a tariff entry exempting its import duty under amended notification.
Amendment to Notification No. 21/2002 Cus inserts S.No.170A in the Table to exempt coir fibre (tariff headings 5305 11 or 5305 19 00) from Customs duty with Nil duties; the proviso refers to application on or after the 4th September, 2005, and the notification states it shall come into force on the 4th September, 2004.
Securities And Exchange Board Of India (Procedure For Holding Enquiry By Enquiry Officer And Imposing Penalty) (Second Amendment) Regulations, 2004.
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Summary procedure for enquiries: Chairman or member may appoint senior officer, accept representations, and issue common orders.
The amendment treats a sub-broker as ceasing to be a sub-broker when its affiliated stock broker is declared a defaulter or has its registration suspended or cancelled. It authorises the Chairman or member to appoint a Board officer (not below Assistant General Manager or Assistant Legal Advisor) to give recommendations under the summary procedure for regulation 15 matters, allows dispensing with that appointment on an intermediary's representation, requires the procedure where surrender is not accepted, and permits issuance of common orders for multiple intermediaries with substantially similar subject matter.
Income-tax (Tenth Amendment) Rules, 2004
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Certificate for no tax deduction: amendment corrects cross reference in rule 28AB, applied retrospectively to align eligibility and conditions.
The Tenth Amendment substitutes the reference in rule 28AB(2) from "sub rule (2)" to "sub rule (1)", thereby aligning the provision that identifies persons eligible to apply for a certificate for no deduction of tax at source with the sub rule prescribing the conditions for such applications; the amendment is given retrospective effect and certified as not prejudicial to assessees.
Refusal to Grant Renewal of Recognition to Mangalore Stock Exchange.
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Refusal of renewal of recognition: exchange derecognized for governance failures, non-compliance and systemic risks threatening investor protection.
SEBI refused renewal of recognition to the Mangalore Stock Exchange due to substantial non compliance with 13 of 18 inspection recommendations (including failure to establish a Settlement Guarantee Fund, fill the Executive Director post appropriately, enforce Base Minimum Capital provisions, transfer prescribed amounts to the Investor Protection Fund, and update software for the T+3 settlement cycle), together with separate serious irregularities-imprudent concentrated investments, authorization of cheque signing to temporary staff, misuse of exchange infrastructure benefiting select members, indirect refunding of non refundable entry fees, and unauthorized sub terminal access-culminating in a determination that MGSE's governance and operations threatened investor interests and orderly market functioning.
Thailand — Interim Rules of origin for preferential tariff concessions for trade between India and Thailand
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Rules of origin determine when India-Thailand goods qualify for preferential tariff treatment under the Early Harvest Scheme.
Interim Rules of Origin set criteria and procedures for goods traded between India and Thailand to qualify for preferential tariff concessions under the Early Harvest Scheme. Goods qualify as originating if wholly produced in the exporting Party or, if not wholly produced, if they meet product specific rules or general tests-either a local value added content threshold or a change in tariff classification-subject to final processing in the exporting territory and exclusions for minimal operations. Certification requires a Government issuing authority to verify claims and issue a standardized Certificate of Origin specifying the origin criterion.
Exemption Notification for items covered under Inia-Thailand Free Trade Agreement
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Customs exemption for Thai-origin goods imported under the India-Thailand Free Trade Agreement, subject to proof of origin.
Customs exemption is granted to specified goods imported into India from Thailand under the India-Thailand Free Trade Agreement, subject to proof that the goods are of Thai origin in accordance with the Interim Rules of Origin. The exemption covers only the tariff items and descriptions listed in the table and applies to the whole of the customs duty otherwise leviable under the First Schedule to the Customs Tariff Act. The notification came into force on 1 September 2004.
ITC(HS) Classifications of Export and Import Items
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ITC(HS) classifications notified under the Foreign Trade Act to govern uniform export and import item coding.
Central Government notification exercises powers under the Foreign Trade (Development and Regulation) Act read with paragraph 2.1 of the Foreign Trade Policy to notify the ITC(HS) Classifications of Export and Import Items, 2004-2009 as contained in the Annexure, and fixes their commencement for operational application in export and import classification and documentation.
ITC (HS) Classification of Export and Import Items
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ITC(HS) export classification revised; updated Schedule and appendices now govern and supersede prior export policies.
The Notification amends the ITC(HS) by issuing an updated Schedule 2 that assigns standardized commodity codes to export items, substitutes new appendices, and annexes the amended schedule. It provides that export policy entries and conditions in the amended Schedule 2 will supersede any inconsistent earlier export policies or conditions, and specifies the implementation date and administrative references.
Notification of the Foreign Trade Policy
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Foreign Trade Policy notification under Section 5 enacts the FTP and sets its commencement by the Government.
The Central Government, exercising powers under Section 5 of the Foreign Trade (Development and Regulation) Act, 1992, notifies the Foreign Trade Policy 2004-09 as contained in an annexure and declares that the Policy shall come into force from the commencement date specified in the notification.
Securities And Exchange Board Of India (Substantial Acquisition Of Shares And Takeovers) (Amendment) Regulations, 2004.
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Change of control by secured creditor recognised in takeover rules; merchant banker disclosure and trading restrictions tightened.
A new definition includes change in control by takeover or restoration of management by a secured creditor under the SARFAESI Act within takeover regulations; merchant bankers must disclose any existing shareholding in the target in public announcements and letters of offer and are prohibited from dealing in target shares from appointment until fifteen days after offer closure; multiple regulatory timeframes are shortened and minor textual amendments made to pricing and filing provisions.
Renewal of recognition to Coimbatore Stock Exchange Limited, Coimbatore.
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Recognition renewal for Coimbatore Stock Exchange subject to trading approval and member capital requirements.
Renewal of recognition is granted to Coimbatore Stock Exchange Ltd. under the Securities Contracts (Regulation) Act, 1956 for one year commencing 18th September 2004, subject to conditions: trading may commence only after final SEBI approval of a Settlement Guarantee Fund/Trade Guarantee Fund; every member must maintain adequate Base Minimum Capital free of encumbrance before trading; and the Exchange must comply with suggestions in the SEBI inspection report of July 19-21, 2004 as communicated on August 11, 2004.
Foreign Exchange Management (Transfer or Issue of Security by a Person Resident Outside India) (Fourth Amendment) Regulations, 2004
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Definition of NRI redefined to align with Deposit Regulations; country reference removed and retrospective effect clarified.
The Fourth Amendment revises FEMA (Transfer or Issue of Security by a Person Resident Outside India) Regulations by substituting Regulation 2(vii a) so that NRI means as defined in the Foreign Exchange Management (Deposit) Regulations, 2000, and by deleting "or Sri Lanka" from Regulation 5(1); a corrigendum clarifies footnote numbering and states that no person will be adversely affected by retrospective effect.
Anti-dumping duty on Chloroquine phosphate, originating or exported from, People’s Republic of China
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Anti-dumping duty on chloroquine phosphate imposed, margin-based levy applied against landed value for affected imports.
Definitive anti-dumping duty is imposed on chloroquine phosphate (tariff item 2939 20 40) originating in or exported from the People's Republic of China. The duty equals the difference between a specified US dollar per kilogram amount and the landed value of imports, applies to listed origin/export permutations and to any producer or exporter, operates from the provisional duty date, is payable in Indian currency, and uses a prescribed Government exchange rate notification with the bill of entry date as the relevant date.
Amendments in NOTIFICATION NO. 06/2002-CE, DT. 01/03/2002 (8443 - High speed cold-set web offset rotary double)
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Exemption for high-speed printing machines added; specified web offset rotary models now eligible for nil duty under Central Excise.
The Central Government, under section 5A of the Central Excise Act, 1944, amends Notification No. 6/2002-Central Excise by inserting S.No. 293A to chapter 8443 for high-speed cold-set web offset rotary double four-plate wide printing machines and provides a Nil duty exemption for those specified machines by Notification No. 45/2004 dated 27/08/2004.
Approval of M/s Enercon Wind Farms (Karnataka) Pvt. Ltd., u/s 10(23G), the Income-tax Act, 1961
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Tax exemption under section 10(23G) approved, subject to eligible business status, bookkeeping, audit and report compliance.
Approval is granted to M/s Enercon Wind Farms (Karnataka) Pvt. Ltd. for tax exemption under section 10(23G), read with rule 2E, effective assessment year 2002-03 for its 21 MW Wind Power Project in Jogimatti Wind Zone, Karnataka. The approval is conditional on conformity with the statute and rule, maintenance of books of account, audit by an accountant, and furnishing of the audit report; the Central Government may withdraw approval on cessation of eligible business or failure to comply with bookkeeping or audit obligations.

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