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Income-tax (Eighth Amendment) Rules, 2006
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Audit report requirement for tax-exempt charitable and educational institutions mandates standardized financial disclosure and certifications.
Amendment adds rule 16CC prescribing Form No.10BB as the mandatory audit report for funds, trusts, institutions, universities, educational institutions, hospitals and medical institutions claiming exemption under the noted sub-clauses of section 10(23C). The audit must examine and certify that the balance sheet and income and expenditure or profit and loss account agree with books of account, that proper books have been kept, and that the accounts give a true and fair view; negative or qualified answers must state reasons. The Form requires Parts A-C disclosures on identity, application and accumulation of income, investments, business income, transfers, voluntary contributions and anonymous donations.
Any income received by any person on behalf of Gujarat Pollution Control Board, Paryavaran Bhavan, section-10A, Gandhinagar exempted under Section 10 (23C)(iv) for the Assessment Years 2005-06 to 2007-08
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Exemption for receipts on behalf of Gujarat Pollution Control Board preserved when statutory application, investment, business and dissolution conditions are met.
Exemption under Section 10(23C)(iv) excludes from a recipient's taxable income receipts made on behalf of the Gujarat Pollution Control Board, subject to conditions: income applied or accumulated exclusively for institutional objects with limited accumulation above fifteen percent; restricted modes of investment for funds; exclusion of business receipts unless incidental and separately accounted; regular filing of income-tax returns; and transfer of surplus and assets to a like-minded organization on dissolution. The notification covers only receipts made on behalf of the institution and not other recipient income.
Any income received by any person on behalf of Gujarat Pollution Control Board, Paryavaran Bhavan, section-10A, Gandhinagar exempted under Section 10 (23C)(iv) for the Assessment Years 1999-2000 to 2001-07
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Tax exemption for income received on behalf of a specified environmental institution subject to application, investment, business and dissolution conditions.
Notification exempts income received by any person on behalf of Gujarat Pollution Control Board, Paryavaran Bhavan, Gandhinagar as exempt under Section 10 (23C)(iv) for the specified assessment years, subject to conditions: exclusive application or limited timed accumulation of income, restricted modes of investment, business profits excluded unless incidental with separate books, regular filing of returns, and transfer of surplus and assets on dissolution to a similar organization.
Import of Vanaspati from Sri Lanka under India – Srilanka Free Trade Agreement - free - Bill of Lading is DT. 1st June, 2006 or before
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Import of vanaspati under India-Sri Lanka FTA permitted where bill of lading predates the specified cutoff date.
Import of vanaspati from Sri Lanka is permitted freely under the India-Sri Lanka Free Trade Agreement where the relevant bill of lading is dated on or before 1 June 2006; the bill of lading date is the determinative eligibility criterion for free import treatment under the FTA.
For the purpose of Section 80IA(4)(iii) - Industrial Part of M/s. Jayabheri Properties Private Limited, Chennai notified
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Industrial park approval grants conditional tax benefits after compliance, unit occupancy and infrastructure thresholds are met.
The Central Government notifies M/s. Jayabheri Properties Private Limited's undertaking at Survey No.14-P(Part), Madhapur, as an Industrial Park under clause (iii) of sub-section (4) of section 80-IA, subject to conditions: specified area and activity mix, approximately 90% industrial allocation, minimum units requirement, and stated investment and commencement. Conditions include minimum infrastructure investment thresholds (50% general, 60% where built-up space provided), infrastructure definitions, a cap preventing any single unit occupying over 50% of allocable industrial area, separate statutory approvals, operation/maintenance by the developer during benefit period, transfer notification procedures, and invalidity/withdrawal for misrepresentation or non-compliance.
Any income received by any person on behalf of Association of Tribal Welfare Development, Naharbari, Dimapur, Nagaland exempted under Section 10 (23C)(iv) for the Assessment Years 2006-07 to 2008-09
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Income exemption for donations: income received on behalf of Association of Tribal Welfare Development exempted subject to statutory conditions.
Income received by any person on behalf of Association of Tribal Welfare Development, Naharbari, Dimapur, Nagaland is exempt under Section 10(23C)(iv) for assessment years 2006-07 to 2008-09, subject to conditions: income must be applied or accumulated exclusively for institutional objects with any excess accumulation over 15% limited to five years; funds must be invested only in forms specified in section 11(5) (except certain voluntary contributions); business income is taxable unless incidental and separately accounted; the Institution must file returns regularly; and on dissolution surplus assets must transfer to a like-minded organisation.
Income-tax ( 7th Amendment ) Rules, 2006
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Return of fringe benefits now required in prescribed forms and may be filed without supporting tax computations or attachments.
The amendment requires the return of fringe benefits to be filed and verified in the prescribed form, provides transitional guidance for taxpayers filing both income and fringe benefits returns, and stipulates that returns filed in the specified simplified forms need not be accompanied by tax computation, proofs of tax payment or deduction, or any documents, accounts, forms, or audit reports otherwise required.
Chapter 1A - Condition No. 18 will not apply to import of Soyabean Oil till 31/03/2007
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Import exemption for soyabean oil: Condition No. 18 will not apply, permitting imports until a specified deadline.
Condition No. 18 of Chapter 1A will not apply to imports of soyabean oil until 31 March 2007, amending Schedule I (Imports) of the ITC(HS) Classifications under the Foreign Trade Policy 2004-09 so that Condition No. 18 does not govern soyabean oil imports for that period.
The Central Board of Direct Taxes notified the following public facility as infrastructure facility for purposes of section 36
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Infrastructure facility designation extends tax recognition to specified public facilities including expressways, transit systems, and terminals.
The Central Board of Direct Taxes notifies specified public facilities as infrastructure facilities for the Explanation to clause (viii) of section 36 of the Income tax Act, listing inland container depots and container freight stations, mass rapid transit and light rail transit systems, expressways, intra urban or semi urban roads (ring roads, urban by passes, flyovers), bus and truck terminals, subways, road dividers, bulk handling terminals for rail development, and multilevel computerised car parking.
Income-tax (Sixth Amendment) Rules, 2006
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Infrastructure facility eligibility: public facilities must meet ownership, agreement and commencement conditions to qualify.
Rule 6ABAA inserts eligibility conditions for notification of a public facility as an infrastructure facility: ownership by an Indian company, consortium, or statutory authority; a contractual agreement with Central/State/local or other statutory bodies for developing, or operating and maintaining, or both, a new infrastructure facility similar to those in the Explanation to clause (i) of sub-section (4) of section 80-IA; and commencement of operation and maintenance on or after 1 April 1995.
Amendments in the notification No. 21/2002-Customs, dated the 1st March, 2002 reg. imports of hatchery machines at a concessional rate of customs duty of 5%
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Concessional customs duty changes: tariff entry for hatchery machines inserted under section 25, concessional rate applied.
The Central Government amends the principal customs exemption notification by inserting a new table entry for specified hatchery-related goods, applying a concessional customs duty rate to those goods and thereby modifying the Schedule of the original notification.
Amends notification no. 4/2006 to reduce excise duty on textile intermediates
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Excise duty reduction on specified textile intermediates and polyester chips lowers effective rates for listed tariff items.
Amendment inserts new tariff entries into the principal central excise notification to reduce the effective excise duty rates on specified chemical inputs-p-xylene, mono ethylene glycol (MEG), pure terephthalic acid (PTA), dimethyl terephthalate (DMT), acrylonitrile-and adds a reduced-rate entry for polyester chips, altering the duty schedule for these textile intermediates.
Central Government notified the specified areas of village Sriperumbudur, Tamil Nadu along with their survey numbers as a ‘Special Economic Zone’.
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Special Economic Zone designation for electronics and telecom activities designates Sriperumbudur and Pondur areas for approved developer.
Notification under Section 4 of the Special Economic Zones Act, 2005 declares specified survey parcels in Sriperumbudur 'C' and Pondur 'C', Kancheepuram District, Tamil Nadu, as a Special Economic Zone for the developer granted a letter of approval under Section 3(10), following satisfaction of Section 3(8) requirements, and specifies activities including manufacture and assembling of electronics, telecommunications and IT hardware, software development, R&D and related services; total area recorded as 85.37.5 hectares.
Amendment in the Convention between the Government of the Republic of India and the Government of Japan
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Withholding tax caps on cross border dividends, interest and royalties limited by amended treaty protocol, with transitional application rules.
Amendments replace Articles 10(2), 11(2) and 12(2) to impose a ten per cent withholding tax cap on dividends, interest and royalties/fees for technical services when the recipient is the beneficial owner, while preserving the source state's taxation of the payer's profits. The Protocol deletes sub paragraph (c) of Article 23(3) and sets entry into force and transitional application dates for each Contracting State; the Central Government directed implementation domestically to give effect to the Protocol from the notified effective date.
Anti-dumping duty on ethylene-propylene-non-conjugated diene rubber (EPDM)
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Anti dumping duty on EPDM: duty equals difference between reference price and landed value, payable in local currency.
Definitive anti dumping duty is imposed on EPDM (tariff item 4002 70 00) where dumped imports from listed origins and exporters entered below normal value and caused material injury; the duty equals the difference between specified reference prices per kilogram and the landed value of imports, duties are payable in Indian currency, "landed value" follows assessable value under the Customs Act, and the rate of exchange is the Finance Ministry rate on the bill of entry date.
Amends notification no. 5/2006 dated 1-3-2006 to exempt roofing tiles from Duties of Excise
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Central Excise exemption for roofing tiles modifies prior tariff notification to set nil duty, altering excise treatment.
Amends the Central Excise tariff notification to exempt roofing tiles by substituting the entry in the tariff Table for the specified serial number with Nil in the duty column, under powers conferred by section 5A(1) of the Central Excise Act, thereby changing the effective rate of duty applicable to roofing tiles.
Central Government notified the specified areas of Pune, Maharashtra along with their survey numbers as a ‘Special Economic Zone’.
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Special Economic Zone notification formalises specified Pune land parcels for pharmaceuticals and biotechnology use under statutory approval.
The Central Government notified specified land parcels in Pune, Maharashtra, as a Special Economic Zone for Pharmaceuticals and Biotechnology after approval of the proposal of M/s Serum Bio-pharma Park and satisfaction that the statutory requirements were fulfilled. The notified area comprises survey numbers in Hadapsar and Manjri villages, with the aggregate extent stated as 23.1793 hectares, and the schedule records the area-wise survey details for the designated SEZ land.
Officers having jurisdiction over assessees to be AO for BCTT
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Assessing Officer designation for BCTT: the officer with jurisdiction over the assessee handles BCTT assessment powers.
The Central Board of Direct Taxes authorises Income-tax authorities to exercise all powers and functions conferred on, or assigned to, an Assessing Officer for purposes of Chapter VII of the Finance Act, 2005 relating to Banking Cash Transaction Tax, and specifies that the Assessing Officer for Chapter VII shall be the officer who has jurisdiction over the assessee under the Income-tax Act, 1961.
SEZ notified at Siruseri and Egattur, Chennai in the State of Tamil Nadu
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Special Economic Zone notification designates specified land parcels for an IT sector SEZ after statutory approval and compliance.
Notification designates specified survey-numbered land parcels at Siruseri and Egattur, Chennai totaling 28.53 hectares as a Special Economic Zone for the information technology sector under the Special Economic Zones Act, 2005 and Rules, 2006, following grant of a letter of approval and satisfaction of statutory prerequisites.
Continuation of anti-dumping duty on 2-Methyl (5) Nitro Imidazole (2-MNI)
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Anti-dumping duty extension on 2-MNI continues pending review, keeping the duty in force under amended notification.
The Central Government amends the principal notification to extend the existing anti-dumping duty on 2-Methyl (5) Nitro Imidazole (2-MNI) so that the duty remains effective up to and inclusive of 17th July, 2007, payable in Indian currency, pending the outcome of the review investigation initiated by the designated authority.

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