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Income-tax (18th Amendment) Rules, 1999
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Tax deduction certification under section 80HHF: accountant report prescribed for software export deduction, detailing turnover and foreign exchange compliance.
The rules prescribe Form No. 10CCAI as the mandatory accountant's report required for claiming the deduction for income from export or transfer of software and software rights; the form requires identification of the assessee, certification that the business is not prohibited by law, computation of the deduction based on consideration received in convertible foreign exchange, an annexure detailing export turnover, profits and repatriation particulars, and signature by an authorised accountant.
Income-tax (Ninteenth Amendment) rules, 1999
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Approval authority for hotels under section 80-IB designates DG income tax exemptions and DG Tourism and sets location and room limit conditions.
Substitutes rule 18BBC to designate prescribed authorities for approval of hotels under sub section (7) of section 80 IB: the Director General (Income tax Exemptions) with concurrence of the Directorate General of Tourism for clause (a) areas, and the Directorate General of Tourism for clause (b) places. Approval requires location in a specified area, that aggregate high category room numbers within the revenue sub division do not exceed the prescribed cap, and, where applicable, Central Government specification of places needing tourism infrastructure on recommendation of the Department of Tourism.
Customs port at Ranpar (Maharashtra) specified for loading of specified imported goods -Amendment to Notification No. 62/94-Cus. (N.T.)
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Customs port designation: Ranpar Port authorised for unloading specified imported hydrocarbons and petroleum products under amended notification.
Amendment designates Ranpar Port as a specified customs port by substituting Item (a) in the Table to Notification No. 62/94-Customs (N.T.) under the powers of clause (a) of Section 7 of the Customs Act, 1962, to list permitted unloaded imported goods: ethylene; ethylene dichloride; vinyl chloride monomer; liquefied petroleum gas; and kerosene.
Notifies West Bengal Labour Welfare Board, Calcutta u/s 10(23C)(v)
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Tax exemption notification for welfare board confirmed subject to conditions on application, investments and business income.
Notification designates West Bengal Labour Welfare Board, Calcutta, as qualifying under clause (23C)(v) of section 10 for the assessment years specified, subject to conditions: (i) income must be applied or accumulated wholly and exclusively to its objects; (ii) funds (other than certain voluntary contributions held in tangible forms) must not be invested or deposited except in modes specified in section 11(5); and (iii) the notification does not cover business income unless the business is incidental and separate books are maintained.
Notifies Shri Anandpur Trust, New Delhi u/s 10(23C)(iv)
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Tax exemption notification for charitable trust restricts income application, prescribes investment modes and business accounting conditions.
Notification designates Shri Anandpur Trust as eligible under section 10(23C)(iv) for assessment years 1999 2000 to 2001 2002, conditional on applying or accumulating income wholly and exclusively for its objects; restricting investments or deposits to legally specified modes (except voluntary contributions maintained as jewellery, furniture, etc.); and excluding business income unless the business is incidental to the objectives with separate books maintained.
Notifies Calcutta Zoroastrian Community's Religious and Charity Funds, Calcutta u/s 10(23C)(v)
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Charitable exemption under section 10(23C)(v) subject to application of income, investment limits and business income conditions.
Notification under section 10(23C)(v) notifies Calcutta Zoroastrian Community's Religious and Charity Funds as qualifying for the sub-clause subject to conditions: apply income wholly and exclusively to its objects; restrict investments or deposits to the statutory permissible forms except voluntary contributions held as jewellery, furniture, etc.; and exclude business income unless incidental to objectives with separate books maintained.
Industrially backward districts of category "A" and category "B" specified u/s 80-IB
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Industrially backward districts designation under section 80-IB lists eligible districts and governs tax incentive eligibility.
Notification designates specified districts as industrially backward in Category A and Category B for the purposes of section 80-IB, superseding an earlier notification. The list is based on district boundaries as recorded in the census used by the study group; where a listed district was reorganised after that census, the areas comprising the district as it existed in the census will continue to qualify. The notification applies from the previous year relevant to the assessment year commencing on the first day of April and subsequent assessment years.
Silk Import- Customs Adjudication of Consignments if not Certified by Foreign Inspection Agency
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Import admissibility of silk: uncertified consignments failing grade standards deemed not permissible and subject to customs adjudication.
The Foreign Trade Policy amendment provides that silk consignments not certified by any foreign inspection agency which, on prescribed sample testing by the Central Silk Board, are found to be below grade 2A shall be treated as imports not permissible under import policy and shall be adjudicated by customs authorities.
Supersession of Notification No 714(E) dated 7th October, 1997 - Central govt. specified the districts as industrially backward districts of category 'A' and category 'B' under sub-section (5) of section 80-IB
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Industrially backward districts designation establishes Category A and B for section 80-IB applicability from specified assessment year.
The Central Government, under sub-section (5) of section 80-IB and rule 11EA, designates specified districts as industrially backward and classifies them into Category A and Category B by superseding the earlier notification; the designation follows the Study Group report and the 1991 census, and where a district has been reorganised after that census, all areas that comprised the district as it existed in the 1991 census qualify; the notification applies from the previous year relevant to the assessment year commencing on the first day of April, 2000 and subsequent assessment years.
Section 4A(2) of the Companies Act, 1956 - Notified public financial institution
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Public financial institution designation: Export-Import Bank of India added to notified list under Companies Act.
The Central Government, under Section 4A(2) of the Companies Act, 1956, amends notification S.O. 1329 (8 May 1978) to insert a new entry (38) thereby specifying the Export-Import Bank of India as a public financial institution for the purposes of the Act.
Exemption from Anti-dumping duty to imports against Annual advance licence when utilised in discharge of export obligation
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Exemption from anti dumping duty for imports under Annual Advance Licence when used to meet export obligation.
Exemption from anti-dumping duty applies to imports made against an Annual Advance Licence, provided the exempted articles are not disposed of or utilised except for discharge of the export obligation specified in that licence; the exemption covers the whole of the anti-dumping duty when the utilisation condition is complied with.
Effective rate of duty for goods of Chapters 1 to 96 - Amendment to Notification No. 20/99-Cus.
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Effective rate of duty amended by substituting "machines" with "goods" and revising woollen textile machinery entries.
Amendment broadens a notification entry by substituting the word "machines" with "goods" in the table and replaces specified entries in List 10 with renewed descriptions of woollen textile machinery, including Carding Sets, various frames and ring frames of specified ring diameters for use in the woollen textile industry.
Commissioner of Central Excise, Delhi-I empowered to handle adjudication cases
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Delegation of powers: Commissioner of Central Excise, Delhi-I authorised to exercise nationwide investigation and adjudication when assigned.
The Central Board of Excise and Customs delegates to the Commissioner of Central Excise, Delhi-I the statutory powers of a Commissioner of Central Excise to investigate and adjudicate cases nationwide, to be exercised only as and when specific matters are assigned by the Board under clause (b) of section 2 of the Central Excise Act, 1944 read with rule 4 of the Central Excise Rules, 1944.
Exemption u/s 35AC - Central Government had specified for construction, furnishing, equipments, staff quarters of AWARE Hospitals Institute of Oncology and Cancer Treatment and Research Project at Hyderabad, as an eligible project or scheme
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Exemption under section 35AC extended: specified charitable oncology project remains eligible for three further assessment years.
Central Government specified that AWARE Hospitals-Institute of Oncology and Cancer Treatment and Research Project at Hyderabad is an eligible project or scheme for income tax exemption under the power invoked in relation to section 35AC. Following the National Committee's recommendation that the project was being executed properly, the Government extended the specification for a further three assessment years commencing with the assessment year 1999 2000, thereby prolonging the period during which qualifying contributions or expenditures attract the statutory exemption.
Hookah Tobacco - Additional Duty of Excise off
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Additional duty exemption for hookah tobacco exempts hookah or chilam tobacco from additional excise duty under the tariff schedule.
The Central Government amended Notification No.9/96-Central Excise to insert a specific tariff entry classifying tobacco used for smoking through hookah or chilam (commonly called hookah tobacco or gudaku) and prescribing a Nil rate for the additional duty of excise, thereby exempting that category from the additional excise duty under the governing Acts.
Hookah Tobacco - Excise Duty Withdrawn
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Excise exemption for hookah tobacco removes central excise duty by inserting a tariff entry classifying it as nil rated.
Government amends a central excise notification to insert a new tariff entry classifying tobacco used for smoking through hookah or chilam as hookah tobacco and designating it nil-rated for central excise, thereby treating such tobacco as exempt under the amended notification.
Cement packed in Paper Bags, PP Bags - Excise Duty at Rs. 332 per M.T.
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Excise duty amendment expands packaging categories for cement by substituting bag descriptions, altering tariff coverage.
Amendment substitutes the phrase "HDPE bags or laminated paper bags" with "HDPE bags polypropylene bags or paper bags" in the opening paragraph of Notification No.15/99 Central Excise, thereby expanding and clarifying the packaging categories of cement covered by the applicable excise tariff; issued under section 5A of the Central Excise Act.
Central Government specifies Thuravoor Mahakshethram, Thuravoor, Kerala u/s 80G
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Specification of place of public worship under section 80G enables donation deductions for specified repair works subject to limits.
Central Government specifies Thuravoor Mahakshethram, Thuravoor, Kerala as a place of public worship of renown for the purposes of section 80G, making donations for eligible charitable purposes within the scope of that provision. The specification is confined to repair and renovation works at the temple, subject to a monetary ceiling, and the notification ceases to be effective after the stated cut off date.
Approved Anagram Housing Finance Ltd Ahmedabad u/s 36(1)(viii)
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Approval under Section 36(1)(viii): company qualifies subject to annual audited accounts, deduction statement and reserve conditions.
Approval is accorded to Anagram Housing Finance Ltd. for the purposes of Section 36(1)(viii) of the Income tax Act, 1961 for assessment years 1996-97 to 1998-99. The approval is conditional on the company's main object being long term housing finance, annual submission of audited profit and loss account and balance sheet with the statement of deduction before the return filing due date, creation and maintenance of the required special reserve, and fulfillment of all other conditions of Section 36(1)(viii).
Approved BOB Housing Finance Limited, Jaipur u/s 36(1)(viii)
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Tax approval for housing finance companies granted subject to housing finance object, annual audited filings and reserve maintenance.
Central Government approval of BOB Housing Finance Limited for purposes of section 36(1)(viii) is subject to the company's principal object being long term housing finance; annual submission of audited profit and loss account, balance-sheet and statement of deduction before the return's due date; creation and maintenance of the prescribed special reserve; and fulfilment of all other statutory conditions for the deduction.

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