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Refund claim — Kudremukh Iron Ore Company Limited specified for the claim for refund of duty on export of iron ore
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Specification for refund claim of export duty allows company to seek refund where duty incidence not passed on.
Specification of a claimant for refund of export duty where the government concluded that duty and interest paid on export of iron ore concentrate and pellets were not passed on; the Central Government, exercising powers under the proviso to the Customs Act, designates M/s Kudremukh Iron Ore Company Limited as the specified person eligible to pursue the refund claim for the relevant period.
NOTIFICATION NO.40/2001-CE(N.T.), DT. 26/06/2001- Mineral Oil Products for Consumption on Board an Aircraft - Duty Concession Not Applicable to Goods for Aircraft on Run to Nepal
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Rebate exemption for aircraft stores excludes reduction when exported as stores on foreign run to Nepal; commissioner jurisdiction defined.
The notification amendment provides that the reduction of amount of rebate shall not apply to excisable goods exported as stores for consumption on board an aircraft on a foreign run to Nepal, and substitutes Explanation III to define "Maritime Commissioner" as the Commissioner of Central Excise whose jurisdiction includes one or more specified ports, airports, post offices of exportation or named Land Customs Stations.
Mineral Oil Products for use as Stores on Aircrafts - Duty Concession Applicable only if Duty is Paid at Rates Specified in NTF. NO. 40/2001-CE(NT), DT.26/06/01
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Duty concession for mineral oil products used as aircraft stores is conditional on payment at specified non tariff notification rates.
Amendment substitutes Condition (iv) to make the duty concession for mineral oil products supplied as stores for consumption on board aircraft on foreign run available only where duty is paid equal to the amount specified in the Table in clause (c) of the first paragraph of the referenced non tariff notification issued under the Central Excise (No.2) Rules.
Amendment in SO. 733(E) dated 31st July, 2001
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Amendment to income-tax notification reassigns commissioner jurisdictions and omits a schedule entry, effective on Gazette publication.
Amendment under statutory provision substitutes specified Schedule-I entries to reassign designated Chief Commissioners of Income-tax and their subordinate Commissioners, omits a later serial entry, and leaves other notification contents unchanged; the notification takes effect from publication in the Official Gazette.
Order U/s 11 of the Securities Contracts (Regulation) Act, 1956 Superseding the Board of Directors of the Uttar Pradesh Stock Exchange Association Ltd.
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Supersession of Governing Board due to mismanagement and noncompliance, and appointment of Administrator to restore regulatory compliance.
SEBI, under Section 11 of the SCRA, superseded the Governing Board of UPSE for one year from July 12, 2002 due to sustained mismanagement, interference by elected broker directors, persistence of unofficial carry-forward transactions, surveillance and software deficiencies, failure to operationalize the SGF and noncompliance with SEBI directives; an independent Administrator was appointed to exercise all powers and duties of the Governing Board to implement corrective measures and protect investor interests.
The Central Government notified the "Veerayatan, Rajgir, District-Nalanda, Bihar" under clause (23C)(v) of section 10 of the Income-tax Act, 1961
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Tax exemption notification: Veerayatan recognised under section 10 with conditions on application of income and permitted investments.
Central Government notifies Veerayatan under clause (23C)(v) of section 10 for specified assessment years subject to conditions: income must be applied or accumulated solely for its objects; investments and deposits must be only in forms permitted by section 11(5) (except certain voluntary contributions in kind); business income is excluded unless incidental with separate books; regular filing of returns is required; and on dissolution surplus and assets must go to a charitable organisation with similar objectives.
Income-tax (15th Amendment) Rules, 2002
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Insurer parity: private insurers placed at par with traditional insurer for pension and gratuity fund investments.
The amendment extends insurer parity by permitting approved private insurers to provide annuities and group gratuity scheme services for Approved Super Annuation Funds and approved gratuity funds, placing them on the same footing as the previously designated insurer and clarifying permissible deposit and investment alternatives where fund monies are not utilised for such schemes.
Under sub-section (2) of Section 120 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes authorises the Chief Commissioner of Income-tax-XIII, Mumbai to issue orders, in writing, for exercise of powers and performance of functions
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Delegation of assessment authority enables Chief Commissioner to authorise subordinate Assessing Officers to exercise concurrent powers.
Authorisation empowers the Chief Commissioner of Income-tax-XIII, Mumbai to issue written orders enabling all or any Assessing Officers subordinate to him to exercise powers and perform functions under the Income-tax Act concurrently; the Central Board of Direct Taxes makes this delegation and specifies the commencement and administrative reference.
CORRIGENDUM
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Correction to notification wording replaces an erroneous monetary denomination to clarify the intended per-unit amount.
The corrigendum amends the Government of India notification S.O. 420(E) by substituting the incorrect wording "rupees on lakh each" with the correct wording "rupees one thousand each", correcting a drafting error to clarify the intended per-unit monetary denomination in the original Gazette notification.
CORRIGENDUM
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Notification amendment revises specified monetary threshold in income tax notification, replacing the prior amount with a higher value.
Corrigendum to an income tax notification substituting the previously stated monetary figure in the earlier Ministry of Finance Gazette notification with a revised, larger figure, thereby modifying the operative text of the original notification.
Aviation Turbine Fuel - Excise Duty
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Excise duty exemption on aviation turbine fuel prevents recovery for past supplies made under established levy practice.
The Central Government, satisfied that a prevailing practice led to non levy of excise duty in excess of a specified amount on Aviation Turbine Fuel supplied to a foreign carrier, directs under Section 11C that the whole of the duty payable under Section 3 shall not be required to be paid in respect of such ATF for the period during which the practice was followed.
Import Classification of second hand marine containers
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Import classification of second hand marine containers now includes them under Chapter 86, with imports declared free.
The ITC(HS) Classification for Chapter 86 is amended to state that the Exim entry under the relevant code shall include second hand marine containers, and that imports of those containers shall be free, thereby removing import licensing restrictions under the Export and Import Policy, 2002-2007.
Amendment in the Notification No. 21/2002- Sipat STPP –2640 MW Thermal Project added
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Customs exemption amendment adds Sipat STPP to the thermal projects list, expanding notification coverage under the Customs Act.
Amendment inserts "Sipat STPP" as item 15 in the Annexure, List 42 (Thermal Projects) of Notification No. 21/2002 Customs, exercising powers under sub section (1) of section 25 of the Customs Act, 1962 and stating the change is made in the public interest to extend the prior miscellaneous exemption coverage to the named thermal project.
Income-tax (Fourteenth Amendment) Rules 2002
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Report requirement for deduction under section 32(1)(iia): accountant's Form 3AA mandated for new plant and substantial expansion.
A new rule mandates that claims for deduction in respect of new plant and machinery or for substantial expansion must be supported by an accountant's report in Form 3AA certifying the amounts claimed for new industrial undertakings and for substantial expansion, with details of acquisitions, purchase and installation dates, and actual cost set out in Annexure A and Annexure B; the report must be signed by a Chartered Accountant or an authorised auditor and must state reasons for any negative or qualified answers.
Provisional Anti Dumping duty on Polyester Staple Fibres (PSF)
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Provisional anti-dumping duty on imported polyester staple fibres: producer-specific margins applied against landed value pending final decision.
Provisional anti-dumping duty on Polyester Staple Fibres (PSF) from Korea RP, Malaysia, Taiwan and Thailand is imposed as producer- and exporter-specific margins equal to the difference between specified US$ per kg amounts and the assessable landed value; certain speciality PSF are excluded. The duty is payable in Indian currency, effective until the notified expiry date, and the rate of exchange for conversion shall be the official rate notified for the bill of entry date. ''Landed value'' is defined as assessable value under the Customs Act excluding specified customs duties.
The Central Government notified the 'Govindapuram Parthasarathi Kshethra Samrakshana Samithi, Calicut' under clause (23C)(v) of section 10 of the Income-tax Act, 1961
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Tax exemption under section 10(23C)(v) granted subject to conditions on application, investments, business and dissolution.
The Central Government notified Govindapuram Parthasarathi Kshethra Samrakshana Samithi, Calicut under clause (23C)(v) of section 10 for assessment years 1999-2000 to 2001-2002, subject to conditions: income must be applied or accumulated solely for its objects; investments limited to forms specified in section 11(5) (except certain voluntary contributions); business income excluded unless incidental and separately accounted; regular filing of income-tax returns; and on dissolution surplus and assets must go to a charitable organisation with similar objectives.
The Central Government notified the 'Sri Sri Jagadguru Shankaracharya Mahasanathanam Dakshinamnaya Srt Sharda Peetham, Sringeri' under clause (23C)(v) of section 10 of the Income-tax
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Tax exemption under section 10 clause 23C(v) applies to Sringeri Sharda Peetham subject to specified compliance conditions.
Notification under clause (23C)(v) of section 10 grants tax-exempt status to Sri Sri Jagadguru Shankaracharya Mahasanathanam Dakshinamnaya Srt Sharda Peetham, Sringeri for specified assessment years subject to conditions: apply or accumulate income exclusively to its objects; restrict investments to forms under section 11(5) except certain voluntary contributions; treat business income as incidental with separate books; file income-tax returns regularly; and on dissolution transfer surplus and assets to a charitable organization with similar objectives.
The Central Government notified the 'Dohnavur Fellowship, Dohnavur, Tirunelveli' under clause (23C)(v) of section 10 of the Income-tax Act, 1961
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Tax exemption under section 10(23C)(v) granted to Dohnavur Fellowship, subject to investment, business, filing and dissolution conditions.
Notification recognizing tax exemption for Dohnavur Fellowship for assessment years 1992-93 to 1994-95, conditional on applying or accumulating income wholly and exclusively for its objects; restricting investments to forms permitted by law (with limited exception for voluntary contributions retained as jewellery or furniture); excluding business income unless incidental and separately accounted; requiring regular filing of income-tax returns; and mandating transfer of surplus and assets on dissolution to a charitable organization with similar objectives.
The Central Government notified the "Shree Jain Swetamber Bhandnr Tirth. Pawa Puri, Bihar" under clause (23C)(v) of section 10 of the Income-tax Act, 1961
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Charitable exemption recognition: status granted subject to exclusive application of income, permitted investments, business segregation, filing and dissolution conditions.
Notification granting recognition under clause (23C)(v) of section 10 conditions the institution's tax-exempt status on applying income wholly and exclusively to its objects; restricting investments and deposits to modes permitted by law; treating business income as exempt only if incidental and recorded in separate books; regular filing of income-tax returns; and transferring surplus and assets on dissolution to a charitable organisation with similar objectives.
Baggage (Transit to Customs Stations) Amendment Regulations, 2002
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Baggage transit rules now include trucks, require containerised sealed carriage with bond and security, and raise the fee.
The amendment adds multiple ports and cities to the baggage transit regime, expressly includes trucks as a mode of carriage, and requires that goods transported by trucks travel in containerised trucks sealed by a one time bottle seal applied by Customs; such movement is conditional on execution of bond and security to the satisfaction of the Commissioner at the originating airport/air cargo complex. The regulation 4 fee is increased from five to twenty rupees, and the amendments commence on publication in the Official Gazette.

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