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CBEC amends Excise NT 43/2001 to make place for Education Cess
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Education Cess added to excisable goods, and bonding relaxed allowing general bond or letter of undertaking in lieu of security.
The notification adds a proviso allowing manufacturers to furnish a general bond without surety or security, or a letter of undertaking in the Annexure-II form to Notification No.42/2001-Central Excise (N.T.) in lieu of a bond. It also inserts clauses into Explanation-I to include the National Calamity Contingent duty and the Education Cess on excisable goods as levies covered by the principal notification.
Amendment in the NOTIFICATION NO. 06/2002-CE, DT. 01/03/2002 (21.07 Scented supari)
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Excise exemption for packaged supari with declared retail price, limited to packages sold at a specified low capped price.
Insertion of a new tariff entry granting excise exemption to scented supari where the retail sale price is declared on the package and does not exceed fifty paisa per package. The amendment also supplies an explicit definition of "retail sale price" to include all taxes, freight, commissions and charges related to sale, and requires that the declared price be the sole consideration for the sale.
Amendments in the NOTIFICTION NO. 10/1996-CE, DT. 23/07/1996 (64.01 - Footwear of retail sale price not exceeding Rs. 125 per pair)
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Exemption threshold for footwear increased, expanding coverage under Central Excise notification and administrative exemption scope.
An amendment increases the retail-price ceiling for tariff exemption on specified footwear by substituting a higher retail-price threshold in the TABLE entry of the principal Central Excise notification, thereby broadening the class of footwear eligible for the existing miscellaneous exemption as an exercise of the Central Government's powers under the Central Excise Act.
Related to import of Natural Rubber from all ports
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Import permission for natural rubber allowed through all ports for domestic and export-oriented units under amended foreign trade policy.
Amendment permits import of natural rubber (items under Exim Head 40.01) through all ports of customs for both Domestic Tariff Area and Export Oriented Units by revising Import Licensing Note (1) of the ITC (HS) Classification, thereby removing port-specific restrictions and authorising nationwide clearance.
Import of specified live stock is prohibited from all countries
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Import prohibition on specified livestock and poultry products restricts entry widely and adds avian influenza-related import controls.
Import prohibition bars entry into India of specified livestock and livestock products from all countries, including domestic and wild birds, live pigs and pig meat products (except processed pig products), avian meat and meat products (except processed poultry), bird semen, and bird-derived products for animal feed or industrial use. Additional prohibitions apply for countries reporting Highly Pathogenic Avian Influenza, covering day-old chicks, hatching eggs, eggs and egg products, avian meat, feathers, pig meat products, and pathological and biological material from birds. The prohibition is effective for six months or until modified or withdrawn.
Commissioner of Customs (Export), Jawahar Custom House, Nhava Sheva appointed as Commissioner of Customs (Import), Jawahar Custom House, Nhava Sheva for adjudication of specified case
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Commissioner appointment under Customs Act to adjudicate a show cause notice issued to M/s Mangal Exports.
Appointment of the Commissioner of Customs (Export), Jawahar Custom House, Nhava Sheva, to act as Commissioner of Customs (Import), Jawahar Custom House, Nhava Sheva for adjudicating the show cause notice issued to M/s Mangal Exports, made under the statutory power conferred by subsection (1) of section 4 of the Customs Act, 1962 and confined to the matters arising from the notice referenced by the Additional Director General, Mumbai Zonal Unit dated 19 April 2004.
Commissioner of Customs (Export Promotion), New Customs House, Mumbai appointed as Commissioner of Customs (Import), Jawahar Custom House, Nhava Sheva and Commissioner of Customs, New Custom House, Kandla for adjudication of specified case
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Adjudicating authority appointment: Commissioner designated to adjudicate a show cause notice concerning M/s Devarshee Processors.
The Board designated the Commissioner of Customs (Export Promotion), New Customs House, Mumbai to act as Commissioner of Customs (Import), Jawahar Custom House, Nhava Sheva and as Commissioner of Customs, New Customs House, Kandla solely for adjudicating the show cause notice issued to M/s Devarshee Processors (F.No. DRI/BZU/B/Inv-12/2002, dated 29 February 2004) by the Additional Director General, Mumbai Zonal Unit, as recorded in the notification dated 6 August 2004.
Amendment in the NOTIFICATION NO. 28/2002-CE, DT. 13/05/2002 (5% Ethanol Blended Petrol - Excise Duty Off)
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Excise exemption for ethanol-blended petrol removes duty where component excise is paid and BIS standards are met.
Exemption for ethanol blended petrol: a motor spirit ethanol blend is Nil-rated for excise provided each component has had the appropriate duties of excise paid and the blend conforms to Bureau of Indian Standards specification 2796; "appropriate duties of excise" encompasses duties under the Central Excise Tariff Act Schedules, the additional duty under the Finance (No.2) Act, 1998 and the special additional duty under the Finance Act, 2002, subject to any applicable exemption notifications.
Amendment in the NOTIFICATION NO. 06/2002-CE, DT. 01/03/2002 (27.10 - 5% ethanol blended petrol)
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Excise exemption for ethanol-blended petrol grants duty relief where component duties paid and blend meets standards.
An exemption entry was added for petrol blended with a small proportion of ethanol where (i) the motor spirit and ethanol components have had the appropriate duties of excise paid and (ii) the resultant blend conforms to Bureau of Indian Standards specification; the notification explains that "appropriate duties of excise" means duties under the Central Excise Tariff and related additional and special excise duties read with any applicable exemption notifications, and records nil duty for the blend when these conditions are satisfied.
Exemption to 5% ethanol blended petrol from additional duty of excise
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Ethanol blended petrol exemption excludes additional excise duty where blend meets motor spirit and ethanol tax payments and BIS specifications.
Exemption from the whole of the additional duty of excise is granted for ethanol blended petrol where the motor spirit component has had the appropriate duties of excise paid, the ethanol component has had the appropriate central, State, Union territory or integrated tax paid, and the blend conforms to Bureau of Indian Standards specification 2796; appropriate duties and taxes are defined to include specified excise duties, additional and special additional duties, and the central, State, Union territory and integrated taxes under the GST enactments.
Exempts Motor Spirit, falling under heading No.27.10 intended for use in ethanol blended petrol
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Excise exemption for motor spirit used in ethanol blended petrol: duty limited to excess over standard valuation.
Exemption from excise duty is provided for Motor Spirit intended for use in ethanol blended petrol when manufactured in or cleared from an oil refinery or a registered warehouse and conforming to Bureau of Indian Standards specification 2796; the exemption applies only to the extent of duty in excess of the duty leviable if the goods were valued as sold by the manufacturer to an unrelated buyer at or nearest the time of removal where price is the sole consideration.
(Form for monthly return for production and removal of goods and other relevant particulars and CENVAT credit)
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Form specification for monthly CENVAT returns mandates use of Form ER 1 for production, removal and CENVAT credit reporting.
The notification prescribes Form ER-1 as the mandatory monthly return format for reporting production and removal of goods and for particulars relating to CENVAT credit, issued under rule 12 of the Central Excise Rules, 2002 and sub rule (5) of rule 7 of the CENVAT Credit Rules, 2002, and superseding the earlier notification.
Section 10(23G) - Specified projects of NTPC, New Delhi approved for the A.Y. 2002-03
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Tax exemption approval under section 10(23G) requires NTPC projects to comply with conditions and commence generation timely.
Approval is granted to specified NTPC power projects under section 10(23G) for assessment year 2002-03, listing Rihand Stage II and Ramagundam Stage III. The approval is conditional on compliance with section 10(23G) and rule 2E, maintenance of books, audit by an accountant and furnishing of the audit report as required by sub rule (6) of rule 2E. The Central Government may withdraw approval if the undertaking ceases eligible business or fails accounting/audit/reporting obligations. Approval also requires commencement of power generation by 31 March 2006 per the generation commencement requirement under section 80IA.
Senior Citizens Savings Scheme Rules, 2004
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Senior Citizens Savings Scheme: post office accounts for seniors with defined eligibility, 15 lakh deposit ceiling, five year maturity and prescribed interest and withdrawal rules.
The Rules create the Senior Citizens Savings Scheme permitting individuals aged 60+ (and certain voluntarily retired persons 55-59) to open post office accounts; deposits must be in multiples of one thousand up to a combined ceiling of fifteen lakh rupees, with specified modes of payment. Accounts mature after five years and may be extended three years by application; quarterly interest is payable at the prescribed rate and post maturity interest rules apply. Premature closure after one year is allowed subject to percentage deductions; nominations, joint account rules, death claim procedures, transfer, prescribed forms and documentary requirements are set out, and NRIs/HUFs are ineligible to open new accounts.
Notification under sub-regulation (1) of regulation 4 and sub-regulation (1) and (2) of regulation 6 of the Securities and Exchange Board of India (Central Database of Market Participants) Regulations, 2003 - Specified intermediary and other entity to obtain unique identification numbers.
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Unique identification numbers requirement: specified intermediaries and specified investors must obtain UINs by notified compliance dates.
Sub-brokers are specified as specified intermediaries and must obtain unique identification numbers by the notified date, the 31st day of December, 2004. Bodies corporate investors are designated as specified investors with the 31st day of December, 2004 as their notified date for compliance. Investors intending to use margin trading facility are also designated as specified investors, with the 31st day of August, 2004 prescribed as the specified date for obtaining unique identification numbers.
Section 10(23) notifies the "Amateur Athletic Federation of India, New Delhi" for the A.Y. 1999-2000 to 2001-2002
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Tax exemption under Section 10(23) granted subject to exclusive application of income, investment limits, return filing, and dissolution rules.
Notification under Section 10(23) confers tax exemption on the Amateur Athletic Federation of India for specified assessment years provided it applies or accumulates income wholly and exclusively to its objects; restricts investments to statutory modes except certain voluntary contributions; excludes business income unless incidental and separately accounted; mandates regular filing of income tax returns; and requires that on dissolution surplus assets be transferred to a charitable organisation with similar objectives.
Section 80G (2)(b) specifies the "Attukal Bhagavathy Temple Trust, P.B.No. 5805, Attukal, Thiruvananthapuram"
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Specification of place of public worship permitted for repair and renovation funding under income-tax charitable provisions.
The Central Government specifies a temple trust as a place of public worship for the Income-tax Act charitable-deduction provision, limited to repair and renovation work inside the Chuttabalam, and subject to a monetary ceiling and a temporal expiry that ends on attainment of the stated collection limit or on the specified calendar date, whichever is earlier.
Amendment in the Notification No. S.O.882(E), dated the 14th September, 2001
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TDS jurisdiction expanded: Hyderabad Commissioner authorised for withholding on specified taxpayers under chapters governing tax deduction, with certain exclusions.
The amendment designates the Commissioner of Income-tax (TDS), Hyderabad, as the authority for the Revenue District of Ranga Reddy and Hyderabad, covering specified classes of residents, non-corporate taxpayers with principal place of business there, and companies with registered office or principal place of business in the area, and vests that Commissioner with all powers and functions relating to deduction or collection of tax under the Chapters on tax deduction and collection at source, excluding the provision on lower deduction certificates.
Amendment in the Notification No. S.O. 733(E), dated the 31st July, 2001
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Amendment to income-tax notification updates designation and jurisdiction of Chief Commissioner, Hyderabad-I; effective from publication.
Amendment substitutes serial number 69 in Schedule I to notification S.O. 733(E), designating Chief Commissioner of Income Tax, Hyderabad-I at Hyderabad and listing as its jurisdiction the Commissioners of Income-tax Hyderabad-I, Hyderabad-IV, Hyderabad-V, Commissioner (CIB) Hyderabad and Commissioner (TDS) Hyderabad; made under section 120 of the Income-tax Act and effective from publication in the Official Gazette.
Khajuraho, Madhya Pradesh appointed Customs airport for baggage brought in tourist chartered flights — Amendment to Notification No. 61/94-Cus. (N.T.)
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Customs airport designation expands to include Khajuraho permitting baggage loading and unloading for tourist chartered flights.
The amendment designates Khajuraho as a Customs airport for the specific purpose of unloading and loading baggage brought in tourist chartered flights by inserting a new entry into the table of Notification No. 61/94-Customs (N.T.), thereby extending the locations authorized for those baggage operations under the customs regulatory framework.

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