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IT (Eighteenth Amdt.) Rules, 2005
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Medical certification requirement for disability deductions now mandates specific medical authorities and Form 10-IA for certain disabilities.
The substituted rule 11A designates the medical authority for certifying autism, cerebral palsy and multiple disabilities as either a Neurologist (or Paediatric Neurologist) with an MD in Neurology, or a Civil Surgeon/Chief Medical Officer in a Government hospital, and requires assessees to file the medical certificate with the return: Form No. 10-IA for autism, cerebral palsy or multiple disability, or the notified certification for other disabilities; certificates needing reassessment must state the reassessment period and their assessment year validity.
Constitution of National Advisory Committee on Accounting Standards - Notified Committee
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Accounting standards advisory committee established to advise government on formulation and adoption of corporate accounting policies.
Constitution of a National Advisory Committee on Accounting Standards to advise the Central Government on formulation and laying down of accounting policies and accounting standards for adoption by companies under the Companies Act, with membership comprising a chairperson and nominees from professional bodies, regulatory authorities, academia, industry associations and a ministry representative, effective from publication in the Official Gazette.
I.T. (Seventeenth Amdt.) Rules, 2005
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Quarterly return for non-deduction of tax requires Form 26QA filing with payer and payee transaction details.
Insertion of rule 31AC mandates a verified quarterly return in Form 26QA for interest paid or credited to residents without deduction of tax, to be furnished to the Director General of Income-tax (Systems) or an authorised person by specified quarterly due dates. Part A of the form captures payer identifiers (TAN, PAN, assessment and financial year), totals and verification by the principal officer; Part B (computer media) requires payer details and transaction-level fields for each payee, including name, PAN or NA, deposit and interest particulars, reference numbers, dates, amounts and payee address.
Amendments in the notification No. 26/2000 -Customs, dated the 1st March, 2000
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Customs exemption for apparel imports from Indian-origin fabrics exported to Sri Lanka, subject to annual quantity caps and specified ports.
Amendment substitutes condition limiting exemptions in respect of apparel and clothing accessories in LIST 3 to imports manufactured from fabrics of Indian origin exported from India to Sri Lanka, subject to an annual quantity ceiling (with a lower cap for goods at S.No.1) and permitting imports only through specified seaports and inland container depots; it also revises LIST 3 column (4) entries, substituting 100% for S.No.1 and 75% for S.No.2.
Shri Bharat Bhushan, DHJS (Retd.) appointed as Member of the Appellate Tribunal
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Appointment to Appellate Tribunal: Member named under Delhi VAT Act for a fixed term until successor assumes office.
The Lieutenant Governor, under the statutory authority of the Delhi Value Added Tax Act, appoints Shri Bharat Bhushan, DHJS (Retd.), as Member of the Appellate Tribunal, Delhi Value Added Tax. The appointment is effective until the earlier of 31 March 2007 or the date on which a successor assumes office, and is formalised by a notification issued in the name of the Lieutenant Governor and signed by the Deputy Secretary, Finance.
Shri K.Sethuraman, IAS (Retd.) appointed as Member of the Appellate Tribunal
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Appointment of Appellate Tribunal member under statutory authority confirmed, tenure limited until successor joins or prescribed term ends.
The Lieutenant Governor, under the Delhi Value Added Tax Act, appoints Shri K. Sethuraman, IAS (Retd.) as Member of the Appellate Tribunal, with service limited to the earlier of a prescribed terminal date or until his successor joins, pursuant to a notification issued by the Finance (Accounts) Department.
Qualifications, terms of office and other conditions in respect of appointment of members of Appellate Tribunal defined
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Appointment qualifications for Appellate Tribunal governed by prior sales tax notifications until VAT rules are framed.
Qualifications, term of office and service conditions for appointment of Members of the Appellate Tribunal under the Delhi Value Added Tax Act shall, until rules are framed, be governed by the qualifications, term of office and conditions of service notified under the Delhi Sales Tax Act, subject to the proviso and stipulations of the VAT provision.
Appellate Tribunal under DVAT Act, 2004 constituted through this Notification
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Constitution of Appellate Tribunal under DVAT Act establishes two-member tribunal to hear specified appeals and dispose pending sales tax appeals.
Appellate Tribunal under the Delhi Value Added Tax Act, 2004 is constituted by notification to function as a two member body exercising the appellate powers and functions conferred by the Act and to hear and dispose of appeals filed or yet to be filed under the appellate provision of the repealed Delhi Sales Tax Act, 1975.
Sales Tax Department renamed as Department of Trade and Taxes
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Department renaming: Sales Tax Department redesignated as Department of Trade and Taxes following VAT regime implementation.
The Sales Tax Department is redesignated as the Department of Trade and Taxes consequent to implementation of the Delhi Value Added Tax regime under the Delhi Value Added Tax Act, 2004; the executive notification issued in the name of the Lt. Governor takes immediate effect.
Section 10(23C)(iv) of the Income-tax Act, 1961 notifies Bharat Sevashram Sangha, Kolkata for the A.Y. 2005-06 to 2007-08
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Tax exemption notification under section 10(23C)(iv) grants recognition subject to application, investment and compliance conditions.
Notification recognizes Bharat Sevashram Sangha, Kolkata under section 10(23C)(iv) for assessment years 2005-06 to 2007-08 subject to conditions: income must be applied or accumulated solely for charitable objects; accumulations invested only in modes permitted by section 11(5) (excluding certain voluntary contributions held in kind); business income is excluded unless incidental and maintained in separate books; regular filing of returns is required; and on dissolution surplus and assets must pass to a charitable organisation with similar objectives.
Section 10(23C)(iv) of the Income-tax Act, 1961 notifies Federation of Indian Export Organisation, New Delhi for the A.Y. 2004-05 to 2006-07
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Tax exemption under section 10(23C)(iv) for Federation of Indian Export Organisation subject to compliance with specified conditions.
Notification under Section 10(23C)(iv) grants tax-exempt status to the Federation of Indian Export Organisation for assessment years 2004-05 to 2006-07, conditional on applying or accumulating income solely for its objects; restricting investments to forms permitted by Section 11(5) (excluding certain voluntary in-kind contributions); excluding business income unless incidental and separately accounted; regular filing of income-tax returns; and on dissolution, transferring surplus and assets to a charitable organisation with similar objectives.
Section 10(23C)(iv) of the Income-tax Act, 1961 notifies International Commission on Irrigation and Drainage, New Delhi for the A.Y. 2005-06 to 2007-08
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Charitable recognition under income tax provision granted subject to exclusive application of income and compliance conditions.
Notification grants tax recognition to the International Commission on Irrigation and Drainage, New Delhi for specified assessment years subject to conditions: income must be applied or accumulated exclusively for its objects; investments limited to forms specified in Section 11(5) (excluding certain voluntary contributions retained as jewellery, furniture etc.); business income excluded unless incidental and maintained in separate books; regular filing of income tax returns; and surplus on dissolution to be given to a charitable organisation with similar objectives.
Section 10(23C)(iv) of the Income-tax Act, 1961 notifies Society of Sisters of Charity of Saint B. Gapitanio and Saint V. Gerosa, Koikata for the A.Y. 2001-02 to 2003-04
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Tax exemption recognition for a charitable society granted subject to compliance, investment limits, and dissolution asset rules.
Notification under Section 10(23C)(iv) of the Income-tax Act, 1961 recognizes the Society of Sisters of Charity of Saint B. Gapitanio and Saint V. Gerosa, Kolkata for assessment years 2001-02 to 2003-04, subject to conditions: exclusive application or accumulation of income for its objects; investments limited to modes in Section 11(5) (with specified exceptions); business income treated as taxable unless incidental and separately recorded; regular filing of income-tax returns; and transfer of surplus assets on dissolution to a like-minded organisation.
Section 10(23C)(iv) of the Income-tax Act, 1961 notifies Prajapita Brahma Kumaris Ishwariya Vishwa Vidyalaya, Mount Abu, Rajasthan for the A.Y. 2006-07 to 2008-09
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Tax exemption recognition for an educational religious institution subject to exclusive income application, permitted investments, and separate business accounts.
The Central Government notifies Prajapita Brahma Kumaris Ishwariya Vishwa Vidyalaya for the specified assessment years subject to conditions: apply or accumulate income wholly and exclusively to institutional objects; confine investments to modes permitted for charitable trusts (except certain voluntary contributions held as jewellery or furniture); exclude business income unless incidental and maintained in separate books; file income tax returns regularly; and on dissolution transfer surplus and assets to a charitable organisation with similar objectives.
Section 10(23C)(v) of the Income-tax Act, 1961- Central Govt. notified "Nathdwara Temple Board, Nathdwara, (Rajasthan)" for the A.Y. 2005-06 to 2007-08
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Tax exemption under section 10(23C)(v) granted subject to income application, permitted investments, business and filing requirements.
Notification under section 10(23C)(v) recognizes Nathdwara Temple Board as eligible for tax exemption for assessment years 2005-06 to 2007-08 subject to conditions: apply income wholly to its objects or accumulate for them; restrict investments to modes specified in Section 11(5) (except certain voluntary contributions); treat business income as taxable unless incidental and separately accounted; file returns regularly; and on dissolution transfer surplus and assets to an organisation with similar objectives.
The rate of exchange of conversion for exported goods w.e.f. 1st July
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Exchange rate determination for export goods establishes official foreign-currency conversion rates effective from 1 July 2005.
The Board, under the authority of the Customs Act, prescribes official foreign-currency to Indian-rupee conversion rates for export goods effective 1 July 2005, superseding the prior notification of 26 May 2005. Two schedules are appended: one listing unit conversion rates for major currencies and a second listing the conversion rate for a specified unit of another currency; those rates apply for the purposes of export valuation and related statutory conversion requirements.
The rate of exchange of conversion for imported goods w.e.f. 1st July
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Exchange Rate Determination: notified conversion rates for specified foreign currencies to apply to imported goods from July 1, 2005.
Determination under section 14(3)(a)(i) of the Customs Act, 1962 prescribes conversion rates for specified foreign currencies for valuation of imported goods, effective 1 July 2005, superseding the earlier notification of 26 May 2005; Schedule I lists per unit rupee equivalents for major convertible currencies and Schedule II specifies the rupee equivalent for 100 units of Japanese Yen for customs conversion purposes.
Acknowledgment in triplicate printed on red colour paper to be filed in case the dealer is claiming cash refunds and Acknowledgment in triplicate printed on green colour paper to be filed in case the dealer is not claiming cash refunds
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Acknowledgment requirement for VAT returns: coloured triplicate forms determine refund claims and render returns incomplete if absent.
Every dealer required to furnish VAT returns must attach an Acknowledgment in triplicate printed on red paper if claiming a cash refund and on green paper if not; each acknowledgment must be signed, fully completed and include departmental receipt number, return period, dealer identification, whether CST and DVAT statements (DVAT-18, DVAT-18A) are enclosed, turnover and tax figures, and, for refunds, detailed bank account information with a cancelled cheque. Any return submitted without the prescribed acknowledgment will be treated as an incomplete return.
For the purpose of Section 35(1)(ii) - organization M.S. Swaminathan Research Foundation, 3rd Cross Road, Taramani Institutional Area, Chennai has been approved
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Scientific research association approval requires separate research accounts, audited filings and auditor certificates for donor-eligible deductions.
M.S. Swaminathan Research Foundation is approved as a scientific research association for purposes of clause (ii) of sub section (1) of section 35 for 1 April 2004-31 March 2007, subject to maintaining separate accounts for research (except where categorized as "Association"), submitting audited Income and Expenditure accounts for each approved financial year to the Commissioner/Director (Exemptions) by the later of the return filing due date or within 90 days of the notification, and providing an auditor's certificate specifying donor eligible amounts and certifying that expenditure was for scientific research.
For the purpose of Section 35(1)(ii) - organization M/s Sir Ganga Ram Trust Society has been approved
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Approval under Section 35(1)(ii) requires separate research accounts, timely audited submissions and auditor certificates verifying research receipts and expenditure.
Approval under Section 35(1)(ii) is subject to maintenance of separate accounts for research activities, timely submission of audited Income and Expenditure accounts for those activities to the tax authority by the due date or the interim period following notification, and inclusion of an auditor's certificate specifying amounts received for qualifying scientific research and certifying that the expenditure was incurred for scientific research.

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