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Cotton Fabrics
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Exemption wording change shifts requirement from exclusive use to primary use, broadening tariff exemption scope for cotton fabrics.
Amendment to excise tariff exemptions for cotton fabrics substitutes the qualifier "exclusively" with "primarily" in specified entries of earlier Central Excise notifications, thereby broadening the scope of those exemptions from an absolute to a predominant-use standard by textual substitution in the relevant notification entries.
Processed Textiles Fabrics - Duty on Production Capacity Basis - Manufacturer Need not be Exclusively but Primarily Engaged in Processing
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Processed textiles duty eligibility now requires manufacturers to be primarily engaged in processing, not exclusively so.
Amendment replaces the term exclusively with primarily in Explanation II of the principal notification governing duty on processed textile fabrics assessed on a production-capacity basis, so that a manufacturer need only be primarily, rather than exclusively, engaged in processing to qualify for that assessment treatment.
Exemption to Textile Fabric Processing Units - Conditions Modified
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Exemption to textile fabric processing units narrowed by excluding independent processors with in factory heat setting operations.
Exemption to textile fabric processing units is limited by provisos added to Notifications 5/98-CE and 9/96-CE: the exemption does not apply to an independent processor engaged exclusively in processing woven cotton or man-made fibre fabrics in a factory that includes plant and equipment for carrying out heat-setting with power or steam in a hot air stenter, where the processor has no proprietary interest in any spinning or weaving factory operating under an excise levy scheme; a transitional exception covers fabrics manufactured prior to the effective cut-off and cleared afterward.
Safeguard duty - Developing countries notified for the purposes Section 8B of Customs Tariff Act.
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Safeguard duty designation: notification identifies developing countries whose imports may attract safeguard measures.
Notification No. 103/98-Customs dated 14 December 1998 designates an enumerated list of countries as developing countries for the purposes of applying safeguard duty under section 8B of the Customs Tariff Act, 1975, thereby identifying which foreign suppliers fall within the scope of the statutory safeguard regime and subject to its procedural and tariff consequences.
Amendment in the Policy, 1997-2002 (incorporating amendment made upto 13.4.98) and ITC(HS) Classification of Export and Import) item , 1997-2002
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Import valuation thresholds for prime steel items allow free import unless c.i.f. falls below prescribed minima.
A clause added to the Import Licensing Notes for Chapter 72 of the ITC(HS) Classification permits free import of specified prime steel items except where the c.i.f. value per metric tonne is below the minimum amount prescribed against each listed ITC(HS) code (covering HR coils, HR sheets, CR coils, tinplates, electrical sheets, plates, and alloy steel bars and rods). The amendment is made under the Foreign Trade (Development and Regulation) Act and relevant Export and Import Policy provisions.
Modvat credit of duty paid on yarn and fibres on a deemed basis - Amendment to Notification No. 29/96-C.E. (N.T.)
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Modvat credit exclusion for independent processors limits entitlement for specified processed textile products after amendment.
The amendment inserts paragraphs 7B and 7C into Notification No.29/96-C.E. (N.T.). Paragraph 7B excludes Modvat credit provisions for an independent processor - a fabric processor with powered heat setting (hot air stenter) and no proprietary interest in spinning or weaving - for final products under specified textile tariff headings, effective 16 December 1998. Paragraph 7C preserves application of the notification to such final products if manufactured or produced prior to 16 December 1998 but cleared on or after that date.
Central Excise Rules - Fourteenth Amendment of 1998
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Duty scheme for independent textile processors requires monthly advance payment, strict records, interest and confiscation penalties.
An alternative fixed duty procedure requires an independent processor of specified processed textile fabrics to debit a prescribed duty per stenter chamber based on annual capacity, record it in the account current, and pay it in advance monthly by the stated date; processors must maintain prescribed production and stock records. Nonpayment attracts interest on outstanding duty and a penalty equal to the outstanding amount or a minimum statutory sum; unauthorized removal of goods risks confiscation and a penalty up to three times the goods' value or a minimum statutory amount. Abatement for continuous stenter closure is available subject to prior notices, sealing, Commissioner's order and prescribed reopening formalities.
Hot Air Stenter Independent Textile Processors Annual Capacity Determination Rules, 1998 notified
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Annual capacity determination: declaration, verification and commissioner-led capacity and duty computation for hot-air stenter processors.
Rules require independent processors using a hot-air stenter to declare stenter details, chamber dimensions, and prior year production value and quantity to the Commissioner, who verifies the declaration, may consult technical authorities, and determines the annual capacity of production and applicable duty rate; capacity is computed by counting chambers (with pro-rata fractions), using factory-specific average value per square metre or declared values for new/closed units (subject to year-end reworking), and applying prescribed average production benchmarks per chamber, with pro-rata adjustments for part-year periods and procedural approval for machinery changes.
Processed textile fabrics falling under Heading Nos. 52.07, 52.08, 52.09, 54.06, 54.07, 55.11, 55.12, 55.13 and 55.14, manufactured or produced with the aid of a hot-air stenter by an independent processor notified as subject to duty on the basis of production capacity under Section 3A
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Duty on processed textile fabrics produced with a hot air stenter now subject to capacity based excise levy under notification.
Notification under section 3A notifies processed textile fabrics of specified tariff headings manufactured or produced with the aid of a hot air stenter by an independent processor as subject to excise duty on the basis of production capacity, effective 16 December 1998, with specified exclusions for prior manufacture/clearance, composite mills, and non listed fabrics; it deems goods cleared from a factory with a hot air stenter installed as produced with its aid and defines "independent processor" as an exclusively processing manufacturer with a hot air stenter facility and no proprietary interest in spinning or weaving factories.
Amendment in the Policy, 1997-2002 (incorporating amendment made upto 13.4.98) and ITC(HS) Classification of Export and Import) item , 1997-2002
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Import allowance for seconds and defectives: duty-free imports permitted subject to minimum c.i.f. thresholds for listed steel items.
Amendment inserts a clause in Import Licensing Notes to ITC(HS) Chapter 72 permitting imports of seconds and defectives of specified steel items duty-free, provided the c.i.f. value per metric tonne meets or exceeds the prescribed minimum; listed ITC(HS) subheadings identify the covered hot-rolled coils, sheets, cold-rolled coils, tinplates, electrical sheets, plates, and alloy steel bars and rods.
This notification imposes safeguard duty on Acetylene Black
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Safeguard duty on acetylene black imposed, with phased rates and specified exemptions for certain licences and developing countries.
The central government imposes safeguard duty on Acetylene Black (including conductive carbons) under section 8B of the Customs Tariff Act, with phased duty rates for a two year period and specified maximums per metric tonne. Exemptions are provided for imports under defined Advance Licences contingent on exclusive use to meet export obligations or replenishment, and for imports from developing countries notified under section 8B(6)(a) except China, the Philippines, Singapore and South Africa.
Iodine for the manufacture of Potassium Iodate - Amendment to Notification No. 23/98-Cus.
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Tariff amendment adds iodine for manufacture of potassium iodate to concessional customs schedule, altering duty treatment.
Central Government amends Notification No. 23/98 Customs by inserting serial 29A under tariff heading 2801.20, described as "Iodine for the manufacture of Potassium Iodate," specifying the customs treatment in the Table including an 8% concession and the adjacent column entry "5" under the authority of sub section (1) of section 25 of the Customs Act, 1962.
Aerated Water From vending machines exempted from duty
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Exemption for aerated water dispensed by vending machines: such products under specified tariff classification are nil rated under central excise.
The Central Government amended the existing excise notification to add a specific tariff entry exempting aerated waters prepared and dispensed by vending machines, prescribing a Nil rate of duty for that entry and thereby altering the excise treatment for such vending machine dispensed aerated beverages.
Processed textile fabrics - Duty specified
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Excise duty specification for processed textile fabrics sets per chamber duty rates and disallows input tax credit.
The notification prescribes excise duty on processed textile fabrics produced by an independent processor using a hot air stenter, fixing per chamber duty rates determined by the number of stenter chambers and the average value of processed fabric as set out under the Hot Air Stenter Independent Textile Processors Annual Capacity Determination Rules, 1998. The duty collected is the aggregate of Central Excise and Additional Duties, apportioned in a specified ratio; the Commissioner may re determine production and duty, independent processors cannot claim input or capital goods credit, and specified temporal and composite mill exceptions apply.
Power of Central Government or Company Law Board to accord approval, etc., subject to conditions and to prescribe fees on applications
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Minimum capital requirement: entities must maintain prescribed net owned funds plus preference share capital under government-specified thresholds and timelines.
The notification substitutes the eligibility condition to require that the total of an entity's net owned fund and its preference share capital is not less than twenty-five lakh rupees or such amount as the Central Government may specify from time to time, and provides that existing Nidhis or Mutual Benefit Societies must reach the prescribed amount by the specified compliance date.
Order under section 11 of the Securities Contracts (Regulation) Act, 1956 Extending the Supersession of the Council of Management of the Magadh Stock Exchange.
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Supersession of Council of Management extended; administrator to continue exercising management powers to implement corrective measures.
The supersession of the Council of Management of the Magadh Stock Exchange is extended for a further year from December 08, 1998, and Shri S.S. Dhanoa, IAS (Retd.) will continue as Administrator to exercise and perform all powers and duties of the Council, pursuant to Section 11 of the Securities Contracts (Regulation) Act, read with the cited Government of India notification and sub section (3) of Section 4 of the SEBI Act, on the basis that corrective measures require sustained follow-up after a SEBI inspection.
Commissioner of Customs (Export), Mumbai appointed as Commissioner of Customs, Calcutta or as the case may be Commissioner of Customs, Kandla for adjudication of specified cases
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Appointment of adjudicating authority: Central Government designates a Commissioner of Customs to adjudicate specified show cause notices.
Central Government designates the Commissioner of Customs (Export), Mumbai to act as the Commissioner of Customs, Calcutta or Commissioner of Customs, Kandla for the purpose of adjudicating the specific show cause notices listed in the notification that were issued to M/s. Rajnarayan Jwala Prasad, Mumbai, with each notice identified by office reference and original authority.
Service Tax Rules — Second Amendment of 1998
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Service tax registration window allows liable persons for specified taxable services to file late applications before final deadline.
The Second Amendment to the Service Tax Rules, 1998 adds a proviso to rule 4(1) allowing persons liable for service tax in respect of the taxable services referred to in sub-section (4) or sub-section (5) of section 66 of the Finance Act, 1994 to make an application for registration on or before the cutoff date specified by the Government.
Central Government, having regard to the maximum amount receivable by its employees as cash equivalent of leave salary u/s 10(10AA)(ii)
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Cash equivalent of leave salary: government fixes an upper limit for retiring employees under the income tax exemption provision.
The Central Government, exercising power under the income-tax exemption sub-clause for leave encashment, prescribes a monetary ceiling as the limit on the cash equivalent of earned leave salary that may be treated as exempt for employees who retire after the operative date, whether by superannuation or otherwise; this notification fixes the cap applicable for exemption calculation at retirement.
Central Government specifies ICICI Regular Income Bonds-I u/s 80L
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Tax deduction under section 80L: specified ICICI Regular Income Bonds are notified as qualifying investments.
Specification under section 80L designates three series of five year ICICI Regular Income Bonds issued in a public safety bond offering as the qualifying class of instruments, identified by series name, fixed interest rates, distinctive numbering ranges, and a common face value per bond, limited to those bonds issued in that public issue.

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