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Appointment of Assistant Commissioner cum VATO
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Appointment under Delhi Value Added Tax Act: Assistant Commissioner cum VATO appointed to assist Commissioner in administration.
The Lt. Governor, exercising powers under the Delhi Value Added Tax Act and relevant Rules, appointed Pankaj Singh as Assistant Commissioner cum VATO to assist the Commissioner of Value Added Tax in the administration of the Act; the appointment is effective from the date of assumption of charge and is notified by the Finance (Revenue I) Department on 28 December 2016, with recorded physical joining on 15 November 2016.
Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax (Amendment) Rules, 2016
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Service of notices: prioritized physical and electronic addresses and secure transmission standards for tax communications established.
Payments under specified provisions must be made by pay order drawn on an authorised bank or designated public bank branches in favour of the assessing or tax recovery officer. Service of communications uses prioritized physical and electronic addresses drawn from PAN records, income-tax returns, and company details on the MCA website, subject to an addressee supplying an alternate address. The systems authority shall prescribe procedures and security standards for electronic transmission. A Register of Valuers is established; registered valuers under the Wealth-tax Act may apply via Form 8 with a non-refundable fee for approval by the Principal Commissioner/Commissioner.
Seeks to further amend notification No 12/2012-Customs dated 17.03.2012, so as to withdraw the exemption from Basic Customs Duty on import of Technitium-99m
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Withdrawal of customs duty exemption on Technitium-99m imports, restoring basic customs duty liability under the amended notification.
The Central Government amends Notification No.12/2012-Customs by omitting serial number 163B and its entries from the Table, thereby withdrawing the previous exemption from Basic Customs Duty on import of Technitium-99m, as effected by Notification No.61/2016-Customs dated 27 December 2016.
Export Policy of Potato — Removal of Minimum Export Price (MEP) on export of potatoes regarding
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Removal of Minimum Export Price permits export of fresh or chilled potatoes without MEP, effective immediately.
Export of fresh or chilled potatoes at the specified ITC (HS) classification entry is permitted without any Minimum Export Price (MEP). The Central Government amends the earlier export notification to remove the MEP requirement for potatoes, the change taking effect immediately and thereby authorizing exports of such potatoes free of the prior minimum price constraint.
Income-tax (36th Amendment) Rules, 2016 - Investment of Providend fund moneys - INVESTMENT PATTERN
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Investment pattern for provident fund moneys mandates diversified allocations and quality constraints across fixed income, equity, and asset backed categories.
Prescribes a structured investment pattern for provident fund moneys from 1 April 2016, allocating assets across government securities, debt and infrastructure-related instruments, short-term money market instruments, equities, and asset-backed/trust instruments with prescribed minimums, maximums and sub-category ceilings. Specifies instrument eligibility and quality standards including listing, residual maturity, market capitalisation, issuer financial conditions and minimum credit ratings (generally AA or equivalent), permits use of credit default swaps to cover default risk in limited cases, caps turnover ratio, and requires exit when ratings fall below investment grade.
Central Government notified M/s.Madhya Pradesh Audyogik Kendra Vikas (Jabalpur) Limited has now proposed for full de-notification of 101.21 hectares area at the above Special Economic Zone
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De-notification of Special Economic Zone approved, rescinding prior notification after state no-objection and administrative recommendation.
The Central Government rescinds the earlier notification establishing a sector-specific Special Economic Zone for agro and agro-based products at Village Umariya, District Jabalpur, following a proposal for full de-notification by the developer, the State Government's no-objection, and the Development Commissioner's recommendation, exercising powers under the first proviso to rule 8 of the SEZ Rules, 2006 and section 4(1) of the SEZ Act, 2005; rescission is subject to acts done or omitted before it.
Special Economic Zones (Amendment) Rules, 2016
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Infrastructure requirements for SEZs mandate uninterrupted power, secure data connectivity, central air-conditioning and ready plug-and-play facilities.
The amendment substitutes rule 5A to require that Special Economic Zones relating to information technology, biotechnology, research and development, fabless semiconductor industry and electronic manufacturing services ensure twenty-four hours uninterrupted power supply at stable frequency, reliable connectivity for uninterrupted and secure data transmission, provision for central air-conditioning system, and a ready-to-use, furnished plug-and-pay facility for end users.
Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016
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Company name removal procedures require specific forms, indemnities, certified accounts, regulator no objections and public notices.
The rules prescribe procedures for removal of a company's name under section 248, including Registrar initiated and company initiated strike off, exclusions from removal (listed, delisted for non compliance, vanishing companies, companies under inspection/investigation or prosecution, with outstanding deposits or charges, and charitable companies), required forms and attachments (Form STK 2, indemnity bonds STK 3, CA certified accounts, affidavits STK 4, special resolution or 75% consent), regulator no objections for certain sectors, certification by practicing professionals, notarisation/apostillation for foreign directors, statutory notice periods and publication requirements (STK 1, STK 5/STK 6, STK 7).
Central Government appoints 26th December, 2016 as the date on which the provisions of section 248 to 252 of the Companies Act, 2013 (18 of 2013) shall come into force
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Commencement of specified Companies Act provisions: those corporate law provisions brought into force on the appointed date.
Central Government designates a commencement date by notification issued under the executive power conferred by sub section (3) of Section 1, appointing the date on which sections 248-252 of the Companies Act, 2013 shall come into operation, thereby bringing those specified corporate law provisions into force as of that appointed date.
M/s. Devraj Infrastructures Ltd. Notified as an industrial park for the purposes of Section 80-IA(4)
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Industrial park approval grants conditional tax deduction eligibility subject to compliance with allocation, unit and reporting requirements.
Notification approves M/s Devraj Infrastructures Ltd.'s industrial park commencing 5th September, 2010 under clause (iii) of sub section (4) of section 80-IA, subject to Annexure and Industrial Park Scheme, 2008 conditions: minimum constructed area, allocable area percentages, at least thirty industrial units with associated-enterprise aggregation rules, unit occupancy limits, activity restrictions, separate books and Form IPS-II reporting, and non-transferability; approval is withdrawable for misstatement, nondisclosure or unauthorized project amendments.
Seeks to rescind notification No.08/2013-Customs (ADD) dated 18.04.2013
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Anti-dumping duty revocation placed in abeyance pending judicial orders after mid-term review found no injury.
The Central Government rescinds Notification No.08/2013-Customs (ADD) imposing anti-dumping duty on Soda Ash from Turkey and Russia, invoking section 9A(1) and (5) of the Customs Tariff Act and rules 18 and 23 of the Anti-dumping Rules, after a mid-term review found continued dumping but no injury to the domestic industry; the rescission is subject to an express abeyance pursuant to a High Court order and preserves actions already done or omitted before rescission.
Seeks to rescind notification No.34/2012-Customs (ADD) dated 03.07.2012
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Rescission of anti-dumping duty on soda ash kept in abeyance pending final court order on mid-term review.
The Central Government rescinds Notification No.34/2012 Customs (ADD) concerning anti dumping duty on imports of Soda Ash from specified countries, except as respects actions taken prior to rescission; the rescission is held in abeyance pending the final judicial order after a designated authority mid term review found continued dumping but no injury and recommended revocation.
Income-tax (35th Amendment) Rules, 2016
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Amendment to Income tax rules updates clause references and applies retrospectively without adverse effect to taxpayers.
The notification amends the Explanation to rule 114F by substituting specified sub clause and letter references, and re directs explanatory cross references concerning distributions from retirement and pension funds to the corresponding requirements in the Explanation to clause (5). The amendment applies to multiple items within clause (h) and clause (1) of rule 114F.
Central Government de-notifies an area of 65.7775 hectares, thereby making resultant area as 86.7105 hectares - sector specific Special Economic Zone for High Tech Engineering sector at Kittampalayam and Karumathampatti Village, Palladam Taluk, Coimbatore District in the State of Tamil Nadu
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De notification of SEZ land area alters the notified extent of a sector specific High Tech Engineering SEZ, reducing total notified land.
Central Government, exercising powers under the Special Economic Zones Act, 2005 and SEZ Rules, 2006, de notifies 65.7775 hectares from the sector specific High Tech Engineering SEZ at Kittampalayam and Karumathampatti, reducing the notified area to 86.7105 hectares. The notification lists surveyed parcels with their notified area, proposed de notified area and balance area, and records that State Government approval and Development Commissioner recommendation were obtained and statutory requirements satisfied before the de notification.
National Company Law Tribunal (Amendment) Rules, 2016
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Company law rules introduce joint petitions, courier filing, specified forms, and detailed requirements for challenging share-rights variations.
The amendment rules revise definitions and form references, require professionals to be "in practice" in specified clauses, substitute specific Form numbers, and correct fee and Annexure errors. They add Rule 23A permitting joint petitions where claimants share a common interest, insert courier as an accepted mode of service with a definition, and permit multiple consequential reliefs from a single cause of action. Detailed Rule 68A prescribes documents and authorisations for applications to cancel variation of class share rights, advertising and service obligations, and empowers the Tribunal to cancel or confirm variations after hearing.
Proposals for setting up of new SEZs and MHA clearance
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National security clearance for SEZ proposals: foreign investment and sensitive locations trigger prior vetting and declarations.
National security clearance is required for new SEZ proposals when foreign investment or location give rise to security concerns; the Department must assess country sensitivity and geographical sensitivity (including proximity to international borders and sensitive installations) and confirm whether MHA clearance is needed before referring proposals to the Board of Approval. Proposals requiring clearance must include a company and director(s) self declaration disclosing identities and any preventive detention or criminal proceedings, while proposals not requiring clearance must affirm that status when submitted for BOA consideration.
Delegations of Powers to Regional Directors under section 458 of CA, 2013
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Delegation of Companies Act regulatory powers to Regional Directors enables specified regional exercise and possible central revocation.
The Central Government delegates to designated Regional Directors specified powers and functions under the Companies Act, 2013, superseding prior notifications and subject to revocation or direct exercise by the Central Government in the public interest; the delegation, effective on publication in the Official Gazette, covers powers relating to alteration of memorandum on conversion, registration and records, inspection and inquiry functions, compromise and arrangement procedural powers, winding-up related powers, and other expressly listed authorities.
Seeks to amend Service Tax Rules, 1994 so as to allow a person located in non taxable territory providing online information and database access or retrieval services to a non-assesse online recipient to issue online invoices not authenticated by means of a digital signature for a period upto 31st January, 2017
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Digital signature exemption for non-taxable suppliers of online information services allows unsigned online invoices for limited transitional period.
A proviso to rule 4C(1) permits a person located in non-taxable territory providing online information and database access or retrieval services to a non-assesse online recipient in taxable territory to issue online invoices not authenticated by a digital signature for a transitional period ending 31st January, 2017; the amendment takes effect on publication in the Official Gazette.
Pradhan Mantri Garib Kalyan Deposit Scheme, 2016
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Pradhan Mantri Garib Kalyan Deposit Scheme requires declarants to deposit at least 25% of undisclosed income into non interest Bonds Ledger Accounts.
The Scheme establishes a temporary deposit mechanism whereby declarants under the Taxation and Investment Regime must place at least 25% of undisclosed income into a Bonds Ledger Account held with the Reserve Bank of India, accepted by authorised banks in specified modes, reported electronically to revenue authorities, transferred into a designated Reserve Fund, non-interest bearing, non-tradable, and repayable only after four years; applications require PAN or PAN application details and specified forms govern nomination, registration and confidentiality.
CORRIGENDUM - NOTIFICATION No. 114 /2016
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Corrigendum corrects wording in prior income tax notification, replacing a single word to amend its operative text.
Corrigendum to Notification No. 114/2016 directs that in the Gazette-published notification (S.O. No. 4033(E)) the last line be amended by substituting the word "this" with the word "the," formalised as Notification No. 119/2016.

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