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CENVAT - Rule 57A Amended, New Form of Return (RT-12) Prescribed
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CENVAT credit utilization timing limited to balances on prescribed cut off dates, and new RT-12 return mandates fortnightly and monthly duty reporting.
The rules restrict CENVAT credit utilisation to the balance available on the fifteenth day for first fortnight liabilities and on the last day for second fortnight liabilities, or on a monthly basis for manufacturers availing annual value based exemption; and prescribe RT-12 as the consolidated return under Rules 54 and 173G requiring detailed product, production, removal, duty liability and payment particulars, interest and miscellaneous payment disclosures together with a self assessment declaration and specified procedural notes.
Steel and Cement for Construction of Houses under Indira Awas Yojna - Excise Duty Off
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Excise duty exemption for steel and cement supplied to notified indenting agents for housing relief schemes.
Exemption from excise duty is granted for cement and steel supplied to notified indenting agents in Orissa for construction of houses under the Indira Awas Yojana and the HUDCO Refinance Housing Scheme in cyclone affected districts, subject to conditions: factory clearances must be on indent showing agent, quantity and storage; indents must be certified by designated State officers; goods must be dispatched to the specified storage; manufacturers must certify compliance on clearance documents; and manufacturers must, within three months, produce certificates confirming use for the specified purpose, with limited extension discretion.
Amendment in the Convention between the Government of the Republic of India and the Government of Japan - G.S.R. 101(E), dated 1st March, 1990
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Tax treaty amendment expands designated Japan government banks exempt from tax on interest under the India-Japan Convention.
Amendment to Article 11(4)(a) of the India-Japan Convention substitutes the list of qualifying Japanese government owned financial institutions: the Bank of Japan; Japan Bank for International Co operation; the Japan International Co operation Agency; and such other wholly government owned financial institutions as may be agreed upon between the Governments, thereby determining which entities are not subject to tax in the other Contracting State in respect of interest.
Notifies the Jamia Hamdard, New Delhi u/s 10(23C)(iv)
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Exemption under section 10(23C)(iv) granted to Jamia Hamdard, subject to conditions on application, investment, business and dissolution.
Notification declares Jamia Hamdard eligible for exemption under section 10(23C)(iv) for assessment years 1999-2000 to 2001-2002, conditional on applying or accumulating income wholly for its objects; restricting investments to forms permitted by law (excluding certain voluntary contributions held as physical articles); treating business income as exempt only if incidental and maintained in separate books; regular filing of income-tax returns; and on dissolution transferring surplus to a like-minded charitable organisation.
Foreign Exchange Management (Foreign Currency Accounts by a Person Resident in India) (Amendment) Regulations, 2000
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EEFC account restrictions: prohibition on term deposit status and reduced permissible foreign currency allocation limits
The amendment prohibits the EEFC Account under Regulation 4 from being opened, held or maintained as a term deposit account and reduces the Schedule's permissible allocation limits by substituting 'up to 70 per cent' and 'up to 50 per cent' with 'up to 35 per cent' and 'up to 25 per cent' respectively; the changes take effect immediately as a partial modification of the earlier notification.
Foreign Exchange Management (Borrowing or Lending in Foreign Exchange) (Amendment) Regulations, 2000
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Regulatory amendment to foreign exchange borrowing and lending removes EEFC account reference, clarifying permitted transaction instruments.
The Reserve Bank, exercising powers under the Foreign Exchange Management Act, amends Regulation 4(1)(iv) of the Borrowing or Lending in Foreign Exchange Regulations, 2000 by deleting the words 'EEFC Account or', effecting an immediate, targeted modification to the list of referenced instruments or accounts in that clause.
Interwarehousing Movement of POL Items from/to Partapur (UP) Permitted
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Inter-warehousing movement of petroleum products and lubricants permitted to and from Vedvayaspuri Partapur under Central Excise rules.
Amendment to the Central Excise notification inserts Vedvayaspuri Partapur, District Meerut (U.P.), into the list of locations authorised for inter-warehousing movement of petroleum products and lubricants, thereby extending the scope of permitted transfers under the Central Excise notification framework.
Foreign Exchange Management (Current Account Transactions) (Amendment) Rules, 2000
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Advertisement abroad by State Governments and public sector undertakings is assigned to the Finance Department under current account transaction rules.
The Foreign Exchange Management (Current Account Transactions) (Amendment) Rules, 2000 substitute the Schedule II entry concerning advertisement abroad by a State Government or its public sector undertakings. The substituted entry identifies the Ministry of Finance, Department of Economic Affairs, in relation to that current account transaction. The amendment takes effect upon publication.
This notification amends the Baggage Rules for persons coming from Pakistan, Nepal and Bhutan
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Baggage allowance: differentiated duty free treatment for travelers based on origin and route, affecting gifts and personal items.
The Baggage (Amendment) Rules, 2000 add a proviso to rule 3 allowing Indian residents and foreigners returning from Pakistan by land route clearance of duty free articles in bona fide baggage as per Appendix B, and substitute Appendix E to rule 7, which categorises tourists by origin/route and prescribes that Indian origin (except Pakistan by land) and specified foreign tourists may clear used personal effects and travel souvenirs (subject to re export) and limited gift allowances, while Nepalese and Bhutanese origin tourists coming from their countries receive no free allowance.
This notification amends Notification No. 12/97- Customs (N.T.), dated the 2nd April, 1997
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Customs amendment: Balasore designated for unloading of imports and loading of exports under existing notification.
The Central Government amends Notification No. 12/97 Customs (N.T.) by inserting a new Table entry 6 B for Balasore (Orissa), authorising the unloading of imported goods and the loading of export goods at that location, thereby adding Balasore to the list of designated places for such import/export handling under the notification.
Securities and Exchange Board of India (Debenture Trustees) (Second Amendment) Regulations, 2000.
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Associate prohibition for debenture trustees prevents trustees acting for associates or lending issuers, strengthening conflict-of-interest safeguards.
Amendments redefine associate to include persons exercising or subject to control and common directors, require a written agreement with the issuer before opening the subscription list confirming trustee appointment and the time limit for creation of security, introduce Reg.13A barring trustees from acting for associates or lenders to the issuer with a two-year transitional compliance for prior issues, amend Reg.15 to mandate despatch of debenture certificates within thirty days of charge registration and empower trustees to appoint nominee directors and provide half-yearly disclosures to holders, and align Schedule IV with investor-protection guidelines on security creation timelines.
Securities Contracts (Regulation) (Appeal to Securities Appellate Tribunal) Amendment Rules, 2000.
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Appeal filing deadline set from receipt of exchange order; tribunal may condone delay for sufficient cause.
A new sub rule requires that appeals against a recognised stock exchange order withdrawing or suspending admission to dealings that continues beyond three months in any security, units or other instruments of a "collective instrument scheme" be filed within forty five days from receipt of a copy of the order; the Appellate Tribunal may entertain an appeal after that period if satisfied there was sufficient cause for not filing within that period.
Securities Contracts (Regulation) Amendment Rules, 2000.
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Listing requirements for collective investment schemes: prescribed disclosures, corporate undertakings, suspension remedy and re-admission procedures.
The rules amend exchange disciplinary and listing procedures to permit appeal to the Securities Appellate Tribunal against withdrawal or prolonged suspension of dealings and require detailed documentation, disclosures and corporate undertakings for listing units or other instruments of a collective investment scheme, including incorporation and trust documents, historical prospectuses, audited accounts, material contracts, lists of principal holders, standardized articles provisions, public offer thresholds subject to limited relaxations, continuous disclosure obligations, and suspension, re-admission and appellate procedures, with regulatory power to relax requirements.
Supersession in Notifications No. S. O. 695(E), dated 3rd October, 1997 - Central Government specifies all allowances received by the members of the State Legislature or any Committee thereof to the extent of two thousand rupees per month
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Exemption of legislative allowances limited in aggregate per month for members of State Legislature under section 10(17)(iii).
Specification under section 10(17)(iii) designates that all allowances received by members of a State Legislature or any Committee thereof are exempt for income tax purposes only to the extent of two thousand rupees per month in the aggregate, exercising the Central Government's power under the cited sub clause to define the permissible exemption ceiling. The notification supersedes the earlier notification and takes effect from 1 April 1998.
Onions - Export Allowed upto 31/08/2000
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Export permission for onions extended to 31/08/2000 via notification, excluding specified rose varieties under FTP amendment.
The notification amends ITC(HS) Code 0703(1) in Schedule-2, Table-B to set the last date for shipment of onions (excluding Bangalore rose onions and Krishnapuram Rose onions) as 31.8.2000, replacing earlier shipment deadlines in prior notifications and aligning export permission with the Export and Import Policy.
Amendments-Import of Beef
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Import prohibition on beef now requires exporter and label declarations certifying food consignments contain no beef.
Amendment adds general notes to ITC(HS) import policy imposing a prohibition on import of beef in any form and requiring exporter declarations on shipping documents for bulk consignments and label declarations on consumer-packed edible and processed food products certifying absence of beef.
This notification orders finalization of provisional assessment of Anti-dumping duty on Bisphenol-A imported from M/s First Inter Continental Corporation, USA
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Anti-dumping duty finalisation: Bisphenol-A imports from a US exporter are subject to a specified duty for the review period.
The Central Government rescinds Notification No.132/99-Customs and orders finalisation of all provisional assessments of Bisphenol-A exported by M/s First Inter Continental Corporation, USA, calculating the applicable anti-dumping duty for the review period from 31st August, 1999 at the rate determined by the designated authority pursuant to sub-rule (2) of rule 22 of the Customs Tariff Rules, 1995.
This notification imposes Anti-dumping duty on Soda ash (Disodium Carbonate) imported from People's Republic of China
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Anti-dumping duty on soda ash imports: exporter-specific duties set against landed value, payable in domestic currency.
Anti-dumping duty on Soda ash (Disodium Carbonate) from the People's Republic of China is imposed pursuant to the Customs Tariff Act and anti-dumping rules following findings of dumping and material injury. The duty for each exporter is calculated as the difference between a specified dollar amount per metric tonne and the assessable "landed value" per metric tonne, is payable in Indian currency, and is levied with retrospective effect from the date of provisional imposition; "landed value" and the applicable rate of exchange are defined for calculation purposes.
Income-tax (Thirteenth Amendment) Rules, 2000
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Advance ruling procedure amended: resident applications, form revisions, and mandatory declaration that issues are not pending elsewhere.
Amendments to rule 44E and Forms 34D and 34E limit FORM NO. 34D to resident applicants seeking advance rulings for transactions with non-residents, revise form headings, remove a phrase regarding non-resident tax liability, and require verification declarations that the issues are not pending before any tax authority, the Appellate Tribunal or any Court. FORM NO. 34E is adjusted to clarify Tribunal references and its notes now require that questions of law and fact be precise and directly relate to computation of total income.
Supersession in Notification No. S.O. 473(E), dated 21st June, 1999 - Central Government specifies public sector company as defined in clause (36A) of section 2 of the Income-tax Act being such class of persons, as applicant for the purposes of Chapter XIX-B
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Specification of public sector company as applicant under Chapter XIX-B establishes eligibility for tax proceedings upon gazette publication.
Central Government, exercising delegated authority under the Income-tax Act, specifies public sector company as the class of persons authorised to act as applicant for the purposes of Chapter XIX-B, superseding a prior notification; the specification takes effect on publication in the Official Gazette.

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