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Notifications
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Amendments in the NOTIFICATION NO. 58/2003-CE(N.T.), DT. 22/07/2003 (Extend the date for insertion and omission)
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Extension of commencement date for a Central Excise notification under Finance Act powers to a later specified date.
This amendment, issued under the Finance Act powers, substitutes the commencement date in Notification No. 58/2003-CENTRAL EXCISE (N.T.) by replacing "1st day of April, 2004" with "1st day of May,2004", and records prior Gazette publication and earlier amendment.
Exemption to services provided to a developer or units of special economic zone
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Service tax exemption for Special Economic Zone services subject to developer/unit approval, in zone consumption, and recordkeeping requirements.
Exemption from service tax applies to taxable services provided to a developer or unit of a Special Economic Zone for consumption within the zone, conditional on approval of the developer by the Board, approval of the unit by the Development Commissioner or Board, and maintenance of proper accounts of receipt and utilisation of such services.
Corrigendum to 12/2004-Customs (N.T.),
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Drawback rate correction adjusts customs drawback entries to amend unit bases and specified rates for certain tariff items.
Correction of prescribed customs drawback rates by corrigendum to Notification No.12/2004 Customs (N.T.), amending column 3 entries for specified serial/sub serial items to revise the unit of assessment and the textual rate description for items at Serial/Sub serial Nos.85.92, 87.38 and 87.110, limited to precise textual corrections in the Table.
The Central Govt. notified "Amalgamated Tamil Nadu Shares of Post War Services Reconstruction Fund and special Fund for Reconstruction and Rehabilitation of Ex-Servicemen, Chennai" under section 10(23C)
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Tax exemption for notified charitable fund under section 10(23C) granted subject to compliance conditions and filing obligations.
Notification under section 10(23C) grants exemption to the Amalgamated Tamil Nadu Shares of Post War Services Reconstruction Fund and Special Fund for Reconstruction and Rehabilitation of Ex-Servicemen, Chennai for assessment years 2001-2002 to 2003-2004, subject to conditions: apply or accumulate income exclusively for the objects; invest only in modes specified in subsection (5) of Section 11 (with specified exception for certain voluntary contributions); exclude business income unless incidental and separately accounted; file returns regularly; and transfer surplus on dissolution to a similar charitable organisation.
Corrigendum to NTF. 7/2004-CE, Dt. 11/03/2004
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Correction of notification reference substitutes 7/2004-CE with 3/2004-ST in a service tax notification.
The instrument replaces the figures and letters previously cited as 7/2004-CE with 3/2004-ST in the Government notification issued under the Ministry of Finance (Department of Revenue), effecting a correction to the official citation in the Gazette entry.
Table B - Code No. 4401 - Extent of making Muli Bamboo free for export till 31st March 2007
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Muli Bamboo export liberalisation made free for export subject to state forest transit rules and export policy amendment.
Amendment makes Muli Bamboo (Melocanna baccifera) free for export until 31st March, 2007 by modifying Code No. 4401 in Table B of Schedule 2 of the ITC(HS) classification, while the parent category of wood products remains prohibited; the liberalised export status is subject to observance of State Forest Department Transit Rules under the Indian Forest Act, 1927.
Specified the "Action for Food Production (AFPRO), New Delhi, registered under the Societies Registration Act, 1860 (21 of 1860)
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Entity specification under income tax law confirms AFPRO's recognition for purposes of the designated sub clause.
The Central Government specifies Action for Food Production (AFPRO), registered under the Societies Registration Act, 1860 and located at 25/1A Institutional Area, Pankha Road, New Delhi, for the purposes of the relevant sub-clause of the income-tax provision by Notification No. 124 of 2004 dated 26th March 2004, exercising the power conferred by that sub-clause.
Approval of Tuberculosis Research Centre by section 35 of the Income tax Act, 1961
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Research institution tax approval requires annual scientific returns and audited research accounts submitted to tax and science authorities.
Approval is granted to Tuberculosis Research Centre as an Institution for purposes of clause (ii) of sub section (1) of section 35 read with Rule 6 for 1 April 2002 to 31 March 2005, subject to conditions: maintain separate books for research activities (noting this may not apply to entities already categorised as "Institution"); furnish annual scientific research return to the Secretary, Department of Scientific & Industrial Research by 31 May; and submit audited annual accounts and audited Income & Expenditure Account for research activities to the Director General of Income tax (Exemptions), the Secretary DSIR, and the Commissioner/Director of Income tax (Exemptions) by 31 October, while also filing the income tax return with the designated assessing officer. Renewal applications must be submitted in triplicate via the Commissioner/Director and three copies sent to the Secretary DSIR.
Approval of - M/s Aspee Agricultural Research & Development Foundation under section 35 of the Income Tax Act, 1961
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Research approval under section 35 requires institutions to maintain research accounts, file annual returns and submit audited research accounts.
Approval is granted to M/s Aspee Agricultural Research & Development Foundation under the research-expenditure approval regime, subject to conditions: maintain separate books of account for research activities (except Associations), file an annual return of scientific research activities with the Secretary, Department of Scientific & Industrial Research by 31 May each year, and submit audited annual accounts and an audited income & expenditure account for research activities to designated tax and research authorities by 31 October each year, in addition to filing the return of income.
Approval of - Bio-Technology and Eco Development Research Foundation under section 35 of the Income Tax Act, 1961
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Research expenditure approval under section 35 requires association status, annual DSIR return and audited account submissions.
Approval is granted to the Foundation as an Association for tax relief on scientific research subject to conditions: maintain separate books for research (unless exempted for Associations); furnish an annual return of scientific research activities to the Secretary, Department of Scientific and Industrial Research by 31 May; and submit copies of audited annual accounts and audited income & expenditure accounts for research activities to the Director General of Income tax (Exemptions), the Secretary, DSIR, and the Commissioner/Director of Income tax (Exemptions) by 31 October, in addition to the regular income tax return.
Approval of - M/s Institute of Kidney Diseases & Research Centre under section 35 of the Income Tax Act,
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Research approval under section 35: institution approved with reporting, audit requirements and annual filing deadlines enforced.
M/s Institute of Kidney Diseases & Research Centre is approved as an Institution under section 35 for 1.4.2001-31.3.2004, subject to maintaining separate books for research, furnishing an Annual Return of scientific research activities to the Secretary, Department of Scientific & Industrial Research by 31 May, and submitting copies of audited Annual Accounts and audited Income & Expenditure Account for research activities to specified tax and departmental authorities by 31 October each year, in addition to filing the return of income. The bookkeeping condition does not apply to entities categorised as Associations.
Notified under section 10(23C) of the Income Tax Act, 1961-"Guru Gobind Singh Foundation, Chandigarh"
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Tax exemption notification under section 10(23C) recognises charitable status subject to specified compliance and investment conditions.
Notification under section 10(23C)(v) recognises the Guru Gobind Singh Foundation, Chandigarh for tax-exempt status for the stated assessment years subject to conditions: exclusive application or accumulation of income to its objects; permitted forms of investment as under Section 11(5) (except specified voluntary contributions); exclusion of business income unless incidental and separately accounted; regular filing of returns under the Income-tax Act; and transfer of surplus and assets on dissolution to a like charitable organisation.
Notified under section 10 (23C) of the Income Tax Act, 1961- "West Bengal Council for Child Welfare, Kolkata"
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Tax exemption for charitable institutions granted subject to application of income, permitted investments, recordkeeping and dissolution rules.
Notification grants tax exemption to West Bengal Council for Child Welfare, Kolkata for assessment years 2003-2004 to 2005-2006 subject to conditions: apply or accumulate income exclusively to its objects; invest or hold funds only in permitted forms or investment modes consistent with statutory provisions; exemption excludes business profits unless incidental and separately accounted; regularly file income-tax returns; and on dissolution transfer surplus assets to a like charitable organisation.
Notified under section 10 (23C) of the Income-tax Act, 1961-Chief Minister's Relief Fund, Mumbai"
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Tax exemption notification requires exclusive application of fund income, permitted investments, separate business accounts and return filing.
The Chief Minister's Relief Fund, Mumbai is notified under section 10(23C) for assessment years 2002-2003 to 2004-2005 subject to conditions: apply or accumulate income exclusively for its objects; restrict investments to modes permitted by section 11(5) (except specified voluntary contributions in kind); exclude business income unless incidental and separately accounted for; file income-tax returns regularly; and on dissolution transfer surplus and assets to a charity with similar objectives.
Foreign Exchange Management (Export of Goods and Services) (Second Amendment) Regulations, 2004
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Foreign exchange regulation updates: export value thresholds redefined in foreign currency and increased for specified categories.
Amendment to Regulation 4 of the Foreign Exchange Management (Export of Goods and Services) Regulations, 2000 substitutes a USD-denominated threshold for the former rupee-denominated threshold in clause (d) and increases the rupee threshold in clause (e) by textual substitution; the amendment is effective on publication in the Official Gazette and constitutes a partial modification of the principal regulations.
Foreign Exchange Management (Borrowing and Lending in Rupees)(Amendment) Regulations, 2004
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Loans in rupees to non-residents: permitted under authorised dealer board policy with strict use, account, and repayment limits.
Authorised Dealers may grant loans in rupees to non-residents under Board-approved loan policy, subject to prohibitions on use for chit funds, Nidhi companies, agriculture/plantation, real estate/farmhouses, TDR trading, and capital market investments including margin trading and derivatives; compliance with Reserve Bank directives is required. Loan amounts must not be credited to NRE/FCNR(B) accounts or remitted outside India, and repayments must be effected by inward remittances through normal banking channels or by debit to NRE/FCNR(B)/NRO accounts.
Commissioner of Customs (Imports), Air Cargo Complex, Sahar Airport, Mumbai appointed as Commissioner of Customs, Bangalore for adjudication of specified cases
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Appointment of Adjudicating Commissioner under Customs Act assigns adjudication of specified show cause notices to an alternative officer.
Using powers under section 4(1) of the Customs Act, 1962, the Central Board of Excise and Customs appoints the Commissioner of Customs (Imports), Air Cargo Complex, Sahar Airport, Mumbai to act as Commissioner of Customs, Bangalore solely for adjudicating specified show cause notices issued in November 2003 concerning three named entities, with the reassignment effected by formal notification and file reference.
Commissioner of Customs (Import and General), New Customs House, New Delhi appointed as Commissioner of Customs, Calcutta and Commissioner of Customs, Delhi — Amendment to Notification No. 8/98-Cus. (N.T.)
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Amendment to Customs notification: reassigns Commissioner designation and substitutes specified show cause notices and entries in statutory record
Amendment to a Customs notification substitutes the earlier office designation with Commissioner of Customs (Import and General), New Customs House, New Delhi, replaces a single cited show-cause notice date with three specified show-cause notice dates, and modifies a referenced entry/file identifier. The amendment is issued under sub-section (1) of section 4 of the Customs Act, 1962, as an amendment to Notification No. 8/98-Cus. (N.T.) published in the Gazette of India.
Commissioner of Customs (Imports), Air Cargo Complex, Mumbai appointed as Commissioner of Customs, Airport and Air Cargo Complex, Chennai and Commissioner of Customs (Import and General), New Customs House, IGI Airport, New Delhi for adjudication of specified case
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Adjudicating authority appointment: Commissioner of Customs designated to adjudicate show cause notice related to M/s Manjri Stud Farm.
The Central Board of Excise and Customs, under section 4(1) of the Customs Act, 1962, appoints the Commissioner of Customs (Imports), Air Cargo Complex, Mumbai to act as the adjudicating Commissioner of Customs for specified matters relating to a Show Cause Notice issued to M/s. Manjri Stud Farm Pvt. Limited by the Additional Director General, Directorate of Revenue Intelligence, Mumbai Zonal Unit, effected by Notification No. 41/2004 - Custom (N.T).
Commissioner of Customs, Airport and Air Cargo Complex, Chennai appointed as Commissioner of Customs (Imports), Air Cargo Complex, Sahar, Mumbai for adjudication of specified case
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Appointment of adjudicating authority: Commissioner designated to adjudicate specified customs show-cause proceedings under statutory power.
The Central Board of Excise and Customs, under section 4(1) of the Customs Act, appoints the Commissioner of Customs, Airport and Air Cargo Complex, Chennai to act as Commissioner of Customs (Imports), Air Cargo Complex, Sahar, Mumbai for adjudication of the Show Cause Notice issued to M/s. Kehlan Stud (file No.DRI/BZU/E/14/2003 dated 29 January 2004), effecting a temporary reassignment of adjudicatory responsibility for that specified import-related proceeding.

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