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Notifications
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Amends Notification No. 32/2005 - Cement and steel used in construction of houses in tsunami affected areas of Tamil Nadu, Andhra Pradesh, Kerala, Pondicherry and Andaman and Nicobar Islands — Exemption
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Excise refund rules for disaster relief construction updated to specify sanctioning criteria and a higher island cap.
Amendment adjusts the excise refund procedure for cement and steel used in construction of houses in tsunami-affected areas: the excise officer must verify use and production of duty payment evidence, completion and consolidated consumption certificates from the approved construction agency, and sanction a refund at the prescribed percentage of construction cost subject to a per-house maximum, with a distinct higher cap for houses in the Andaman and Nicobar Islands; the scheme's cut-off date is extended by substituting the earlier expiry date with a later one.
MRP based duty of Excise - Prescribes rate of abatement
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MRP based excise abatements set fixed percentage deductions from retail sale price for specified packaged goods under Central Excise rules.
The notification specifies that, for specified goods listed by tariff heading or item, a percentage abatement of the retail sale price is allowed when determining the excise taxable value; the Table assigns the abatement percentage for each listed good. "Retail sale price" is defined to include taxes, freight, commissions and related charges for packaged goods, with a special definition for certain medicaments under the Drugs (Prices Control) Order. The notification supersedes an earlier notification and was later superseded by Notification No.01/2022.
Exempts certain goods under Export Promotion Capital Goods (EPCG) Scheme
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Export Promotion Capital Goods exemption requires EPCG authorisation, bonds and apportioned export obligations with block-wise fulfilment.
Exempts specified capital goods, CKD/SKD kits and spares from customs duty beyond three percent and from additional duty under the Customs Tariff Act when claimed, subject to EPCG Scheme conditions: import under valid EPCG licence to designated Common Service Providers in Towns of Export Excellence, licence production at clearance, specified users and apportioned Export Obligation, prohibition on disposal until EO completion, bonds and bank guarantees for duty foregone, EO fixed as multiples of duty saved with block-wise fulfilment, and prescribed remedies and documentation for shortfall, installation, re-export and permitted trade routes.
Amends notification no. 30/2008-Cus dated 3-3-2008 - Anti Dumping Duty on Phenol imported from USA, Taiwan, Korea and other countries
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Anti-dumping duty amendment changes country designation for phenol imports, updating Korea RP entry in customs notification.
Amendment revises the earlier notification imposing Anti-dumping duty on phenol by substituting, in the Table against serial number 6 column (5), the existing entry with the entry "Korea RP", thereby updating the notified country designation in the principal notification.
Corrigendum to Notification No. 03/2007-08 dated 11-10-2007
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Approval under clause 23C(vi) of Section 10 updated to apply from assessment year 2004-05 onwards.
Approval of Shree Arya Vidyapeeth Society under sub-clause (vi) of clause (23C) of Section 10 read with the relevant procedural rule is amended so the assessment-year applicability reads as assessment year 2004-05 and onwards instead of assessment years 2004-05 and 2005-06.
Securities Contracts (Regulation) (Manner of Increasing And Maintaining Public Shareholding In Recognised Stock Exchanges) (Amendment) Regulations, 2008.
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Shareholding limits in recognised stock exchanges restrict resident and foreign holdings and impose acquisition and board representation conditions.
The amendments define "shareholder having trading rights" including indirect trading interests, cap resident holdings at five per cent with a fifteen per cent exception for specified institutional entities, require reduction of existing excess holdings within the Act's timeframe, and impose a forty nine per cent overall foreign ownership ceiling with sub limits and conditions for foreign direct investment and foreign institutional investors, including restrictions on acquisition route and board representation; acquisitions exceeding five per cent after commencement require prior Board approval and fit and proper status.
Companies (Central Government’s) General Rules and Forms (Sixth Amendment) Rules, 2008—Substitution of Forms 21 and 23
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Substitution of statutory company forms: new Form 21 and Form 23 impose mandatory data, verification, and attachments requirements.
The Central Government substitutes Form 21 and Form 23 in the Companies (Central Government's) General Rules and Forms, 1956, prescribing revised templates with mandatory fields, verification and certification requirements, and specified attachments. Form 21 captures identification data, order particulars, filing timelines with the Registrar, and special entries for amalgamation, winding up and compounding. Form 23 records corporate identity, details and dates of resolutions or agreements, altered object or winding up particulars, and required documentary attachments. The amendment is effected under section 642(1) read with section 610B of the Companies Act, 1956 and given a prescribed commencement date.
CORRIGENDUM - notification no. 131/2008 Customs dated 15-12-2008 - amending tariff value of Poppy seeds and brass scrap
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Tariff value correction updates a notified customs tariff table entry to ensure the published tariff value is amended.
Corrigendum correcting a previously issued customs notification by amending a notified tariff value entry: in the TABLE at the specified serial number, the entry in column (4) previously recorded as "4082" is to be read as "3473", thereby replacing the earlier numeric tariff value in Notification No. 131/2008-Customs (N.T.).
Income-tax (Eleventh Amendment) Rules, 2008 - Change in Authority
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Change in authority designation: Commissioner replaced by Director in income-tax rules and form for central information branch.
The amendment replaces references to the Commissioner of Income-tax (Central Information Branch) with the Director of Income-tax (Central Information Branch) in the Income-tax Rules and in the relevant item of the prescribed form, thereby designating the Director as the official responsible for central information branch functions; the amendment takes effect on publication in the Official Gazette.
Appoints Joint Commissioner / Additional Commissioner Competent Authority to perform certain functions (Territorial Jurisdiction)
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Appointment of competent authority under section 269B designates Joint/Additional Commissioners with specified territorial jurisdictions effective on publication.
Authorizes every Joint Commissioner or Additional Commissioner of Income-tax to perform the functions of a competent authority under section 269B of the Income-tax Act within specified territorial limits, superseding earlier notifications except as to prior acts or omissions, and taking effect from publication; a table assigns each named Range office to its territorial jurisdiction for exercising those functions.
Companies (Central Government’s) General Rules and Forms (Fifth Amendment) Rules, 2008 - Substitution of Forms 1, 1A, 2 and 5
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Companies Rules amendment substitutes prescribed forms and updates filing requirements, with a specified commencement date.
The Central Government, exercising its statutory rulemaking power under the Companies Act, issues the Companies (Central Government's) General Rules and Forms (Fifth Amendment) Rules, 2008 to substitute Forms 1, 1A, 2 and 5 in Annexure A and prescribes a commencement date for the substituted forms, thereby modifying the prescribed templates and procedural filing requirements under the General Rules and Forms.
Vitrified and porcelain tiles, other then vitrified industrial tiles, in a special case, when imported into India, shall be subjected to provisional assessment till the new shipper review is completed
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Provisional assessment of imports pending new shipper review, subject to security and retrospective anti-dumping duty liability.
Provisional assessment shall apply to imports of vitrified and porcelain tiles produced by M/s Foshan Lihua Ceramics Co. Ltd. and exported by M/s Foshan Henry Trading Company via M/s Anjaneya Trading PTE Ltd., pending completion of a new shipper review. Customs may require security or guarantee to cover any deficiency if a definitive anti-dumping duty is later imposed; if anti-dumping duty is recommended after review, importers will be liable to pay such duty from the date of initiation of the new shipper review.
Corrigendum to notification no. 107/2008 dated 11-12-2008
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Amendment designation correction: notification text amended to substitute the incorrect amendment title with the correct amendment title.
The corrigendum directs that in Notification No. 107/2008, clause 1, sub section (1) the phrase "Income-tax (11th Amendment) Rules, 2008" shall be read as "Income-tax (10th Amendment) Rules, 2008", effecting a textual correction to the cited amendment designation in the published notification.
Approved "Indian council for International Amity, Jaipur" u/s 10(23C)(vi)
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Approval under Section 10(23C)(vi) confers tax-exempt recognition, subject to compliance conditions per Income-tax Rules approval notice.
Approval is granted to the Indian Council for International Amity, Jaipur under Section 10(23C)(vi) read with Rule 2CA of the Income-tax Rules, 1962 for the assessment year 2008-09 and onwards, subject to the society's conformity with and compliance to the requirements of clause (23C)(vi) of Section 10 and Rule 2CA.
Restriction on Export of Cement removed
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Export restriction removal: cement exports designated free under substituted ITC(HS) entry enabling immediate unrestricted shipments.
The Central Government amended Sl. No. 72A in Chapter 25 of Schedule 2 of the ITC(HS) to substitute the cement entry and designate the listed 2523-series HS tariff items as subject to an export policy of Free, thereby removing prior export restrictions on the specified cement subheadings with immediate effect.
Central Board of Excise and Customs hereby appoints Adjudicating Authority
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Common Adjudicating Authority appointment enables transfer of customs adjudication powers to resolve specified show cause notices.
The Board appoints the Commissioner of Customs (Export), JNPT, as Common Adjudicating Authority under sections 4(1) and 5(1) of the Customs Act, 1962, delegating the powers and duties of the Commissioner of Customs (Preventive), New Customs House, Mumbai, solely to adjudicate the show cause notice referenced F.No. DRI/MZU/C/INV-17/2007-2008/6801 concerning Shri Parvez Mazhar Shaikh and others.
Central Board of Excise and Customs hereby appoints Adjudicating Authority
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Appointment of common adjudicating authority transfers adjudication of specified show cause notices to Jawaharlal Nehru Sheva Customs.
Under sub section (1) of section 4 and sub section (1) of section 5 of the Customs Act, 1962, the Commissioner of Customs (Import), Jawaharlal Nehru Custom House, Nhava Sheva, is appointed as the common adjudicating authority to exercise the powers and duties of the Commissioner of Customs, Kandla, for adjudication of matters relating to the Show Cause Notice issued to M/s. Sainath Industries and others (F.No. DRI/SRU/INV 11/2006 dated 28th March, 2008).
Central Board of Excise and Customs hereby appoints Adjudicating Authority
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Common adjudicating authority appointment transfers adjudication of specified customs show cause notices to Chennai Commissioner.
The Central Board of Excise and Customs appoints the Commissioner of Customs (Sea Port-Import), Chennai, as the Common Adjudicating Authority to exercise the powers and duties of the Commissioner, Jawaharlal Nehru Custom House, Nhava Sheva, and the Joint/Additional Commissioner, Tuticorin, solely for adjudicating show cause notice(s) issued to M/s Cyclops Group by the Directorate of Revenue Intelligence, Bangalore Zonal Unit.
Central Board of Excise and Customs hereby appoints Adjudicating Authority
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Common Adjudicating Authority designated to consolidate adjudication of specified customs show cause notices under statutory Customs Act powers.
Appointment under the Customs Act designates the Commissioner of Customs (Sea Port-Import), Chennai, as Common Adjudicating Authority to exercise the powers and duties of two specified customs officers for adjudicating a show cause notice issued by the Directorate of Revenue Intelligence relating to identified parties; the designation is limited to those proceedings and records the statutory basis under sections 4(1) and 5(1).
Central Board of Excise and Customs hereby appoints Adjudicating Authority
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Common Adjudicating Authority appointed to centralize adjudication of a customs show cause notice under Customs Act.
The Central Board of Excise and Customs appoints a Common Adjudicating Authority-the Commissioner of Customs (Sea Port Import), Customs House, Chennai-to exercise the powers and discharge the duties of two specified customs officers for adjudicating matters relating to a particular show cause notice issued following an investigation by the revenue intelligence unit, thereby centralizing adjudication of that proceeding under the Customs Act.

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