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Central Excise Rules - First Amendment of 1998
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Export permit in bond linked to rebate procedures, aligning export without duty with rebate rule mechanisms.
The amendment inserts a cross-reference so that permits to export specified excisable goods in bond without payment of duty are to be issued in the like manner as goods granted rebate under the rebate provision, thereby aligning the procedural treatment of bond exports without duty with the rebate mechanism; the amendment takes effect upon publication in the Official Gazette under the rulemaking power.
Exemption to any advertising agency or courier agency for services provided to UN or an international organisation
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Service tax exemption for services to international organisations removes levy on advertising and courier services provided to UN.
The Central Government exempts from service tax the services provided by any advertising agency or courier agency when rendered to the United Nations or to an international organisation, with "international organisation" defined by reference to the United Nations (Privileges and Immunities) Act as one declared by the Central Government to which that Act's Schedule applies; the notification was later superseded by a subsequent notification dated 24-4-1998.
Exemption to services provided by any advertising agency or courier agency to specified Diplomatic Missions
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Exemption for services to diplomatic missions removes service tax on advertising and courier services to listed missions.
The Notification exempts taxable services provided by any advertising agency or courier agency to the diplomatic missions listed in the annexed Schedule from the whole of service tax leviable under the charging provision, relying on the Central Government's statutory power; later amendments added specified missions to the Schedule, and the Notification was subsequently rescinded by a later Notification.
Securities And Exchange Board Of India (Depositories And Participants) (Second Amendment) Regulations, 1998.
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Government securities exemption: issuers not required to enter depository agreements and some depository rules do not apply.
Amendments add Government Securities references and exempt the State or Central Government as issuer from requirements to enter agreements with depositories; they exempt depository-issuers from agreement requirements, remove certain information obligations where Government securities are issued by the State or Central Government, require daily reconciliation of dematerialised Government securities, and add an express exclusion of the chapter's application to the State or Central Government as issuer.
Securities And Exchange Board Of India (Stock Brokers And Sub-Brokers) (Second Amendment) Regulations, 1998.
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Corporate conversion fee exemption preserves prior paid fees if former member serves as whole-time director and retains required shareholding.
An amendment to Schedule III grants a fee exemption to corporate entities formed by converting an individual or partnership exchange membership, allowing them to be exempt from fees for the period already paid by the erstwhile member, provided the erstwhile individual or partner becomes the whole-time Director and retains at least 40% of the paid-up equity capital for a minimum of three years from conversion. The amendment is effective on publication in the Official Gazette and is made under the Board's statutory power.
Securities And Exchange Board Of India (Merchant Bankers) Amendment Regulations, 1998.
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Registration renewal exemption for merchant bankers temporarily relaxes compliance, with non securities business prohibition deferred until after transition.
The amendment creates a time limited exemption for renewal applicants by suspending the applicability of clause (a) of Regulation 6 to renewals until a specified transitional cut off and clarifies that the prohibition on conducting business other than in the securities market under Regulation 13A will apply only after that transitional cut off; the regulation takes effect on publication in the Official Gazette.
Import for construction of National Highways - Amendment to Notification No. 11/97-Cus.
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Import eligibility and use restriction: goods for national highway construction must be used exclusively and not transferred for statutory period.
The amendment to Condition No. 29B limits exemption eligibility to the Ministry of Surface Transport or contractors awarded highway construction work by that Ministry or the National Highway Authority of India, and requires the importer to furnish an undertaking to the Assistant Commissioner of Customs to use the imported goods exclusively for national highway construction and not to sell or dispose of them for five years from importation.
SSI Exemption - Amendment to Notification Nos. 16/97-C.E. and 38/97-C.E.
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Clearances for home consumption now include exports to Bhutan and Nepal under amended central excise notifications.
The government amends specified central excise exemption notifications to expand the definition of clearances for home consumption by inserting clauses that expressly include clearances for export to Bhutan or Nepal, thereby widening the scope of the notifications' miscellaneous exemptions.
Central Government specifies 7-year 10.5 per cent Secured, Redeemable, Non-Convertible Bonds u/s 10(15)(iv)(h)
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Tax-free bonds specified under section 10(15)(iv)(h) confer income-tax exemption subject to holder registration and issuance conditions.
Government specifies 7-year secured, redeemable, non-convertible bonds as falling within section 10(15)(iv)(h), identifying issuer, series, nominal value and distinctive numbers; interest from these bonds is tax-free under that item. The tax benefit is conditional on each holder registering his or her name and holding with the issuing corporation.
Central Government specifies the 5-year 17 per cent. Secured, Redeemable, Non-Convertible Bonds u/s 80L
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Specified bonds under section 80L: government designates secured redeemable non convertible bonds issued by NHPC as qualifying securities.
The Central Government, under clause (ii) of sub section (1) of section 80L of the Income tax Act, specified two series of taxable, secured, redeemable, non convertible L series bonds issued by the National Hydroelectric Power Corporation Limited: a five year series at 17 per cent and a seven year series at 16 per cent, each of Rs. 1,000 denomination, with distinctive numbering and aggregate issuance amounts identified in the notification.
Central Government specifies 7-year 9.25 per cent. per annum (Tax-free) Rural Electrification Corporation Bonds u/s 10(15)(iv)(h)
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Tax-free bond specification requires registration of holder with issuer to secure tax exemption under the Income Tax Act.
Central Government specifies 7-year, 9.25% per annum Rural Electrification Corporation Bonds (2004, XXXII Series) as tax-exempt under item (h) of sub-clause (iv) of clause (15) of section 10 of the Income-tax Act, listing denominations, distinctive numbers and aggregate issuance; the tax benefit is admissible only if the holder registers his or her name and holding with the issuer corporation.
Central Government specifies Arulmigu Thiruvaleeswarar Temple, Madras, Government by Hindu Religious and Charitable Endowment Department of Tamilnadu u/s 80G
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Charitable donation deduction eligibility affirmed for specified temple's repair and renovation under Section 80G, subject to a capped amount.
Central Government specifies Arulmigu Thiruvaleeswarar Temple, Madras, administered by the Hindu Religious and Charitable Endowment Department of Tamilnadu, as a place of historical and archaeological importance and a place of worship of renown for the purposes of Section 80-G, limited to repair and renovation work of the temple to the extent of Rs. 3,25,000.
Iron ore concentrate/pellets export canalised
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Export canalisation of iron ore concentrate and pellets: specified products restricted for controlled export under FTP.
The Central Government amended the Export and Import Policy to canalise exports by adding iron ore concentrate (from beneficiation of low grade ore containing forty percent or less iron) and iron ore pellets manufactured from such concentrates to the list of canalised items, linking those products to the named domestic producer and invoking powers under the Foreign Trade (Development & Regulation) Act and the EXIM Policy; the notification is issued in the public interest.
Exemption u/s 35 AC - Central Government had specified for Mahatama Gandhi Mission for Gram Swarajya, Construction and Equipment of one hundred women and children centres in the Tribal Banwasi Bhawana of Banwasi Seva Ashram, U. P. as an eligible project or scheme
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Exemption under section 35AC extended for specified charitable projects, permitting an additional three-year eligibility period for tax deductions.
The Central Government specifies that the Mahatama Gandhi Mission for Gram Swarajya and associated Banwasi Seva Ashram projects in Sonbhadra, Uttar Pradesh, remain eligible projects for tax-deduction purposes and are specified as such for a further three assessment years commencing from the assessment year 1999-2000, following a recommendation by the National Committee that the projects are being executed properly.
Exemption u/s 35 AC - Central Government had specified for conduct eye operation, polio operation, camps, oxygen cylinder seva and ambulance service all over Gujarat of Karuna Trust, Ahmedabad as an eligible project or scheme
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Exemption under section 35AC extended for Karuna Trust scheme, renewing tax-eligible project designation for three assessment years.
The Central Government, under section 35AC of the Income-tax Act, specified Karuna Trust's scheme of eye operations, polio operations, camps, oxygen cylinder seva and ambulance service across Gujarat as an eligible project for tax exemption, following a National Committee recommendation that the project is being properly executed. The notification fixes the estimated project cost at ninety-four lakhs and extends the scheme's eligibility for a further three assessment years commencing from assessment year 1999-2000.
Exemption u/s 35 AC - Central Government had specified for Girnar Development/Drinking Water Project at Mount Girnar, Junagadh District, Gujarat of Shree Neminath Bhagwant Public Trust Rajkot as an eligible project or scheme
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Section 35AC exemption extended for Girnar Development drinking water project, eligible for two further assessment years commencing 1998-99.
The Central Government specified continued eligibility under Section 35AC for the Girnar Development/Drinking Water Project of Shree Neminath Bhagwant Public Trust, following a National Committee recommendation that the project was being executed properly; the project, at an estimated cost of one hundred fifty lakhs, is specified as an eligible scheme for a further two assessment years commencing with the assessment year 1998 99.
Exemption u/s 35 AC - Central Government had specified for Expansion of Hindu Mission Hospital by addition of Geriatric Division and Ophthalmic Block to benefit people living in and around Tambaram of Hindu Mission Hospital, Chennai as an eligible project or scheme
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Exemption under section 35AC: expansion of Hindu Mission Hospital specified as eligible project for a further year.
The Central Government specified the Expansion of Hindu Mission Hospital-addition of a Geriatric Division and an Ophthalmic Block (7,400 sq. ft. each)-as an eligible project under section 35AC for a further one-year period (assessment year 2000-2001), following the National Committee's recommendation and with an enhanced estimated project cost.
U/s 35AC - Notifies the various institutions Approved by the National Committee
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Tax deduction eligibility under section 35AC: government lists approved institutions, projects and capped deductible costs for assessment years.
Notification approves specified institutions and their listed projects for deduction under the income tax provision, states the maximum portion of estimated project cost allowable as a deduction (including where designated as corpus fund), and prescribes the assessment year periods during which those approvals and deductible caps apply.
Agreement between the Government of the Republic of India and the Government of Canada for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes
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Double taxation treaty establishes allocation rules, withholding limits, and dispute resolution to prevent fiscal evasion and double taxation.
Agreement allocates taxing rights between India and Canada for taxes on income and capital, defines residence and permanent establishment rules including duration and agency thresholds, prescribes category by category taxing rules (business profits, dividends, interest, royalties, capital gains, personal services and others), sets withholding ceilings for certain cross border payments, establishes domestic relief methods to eliminate double taxation, and provides non discrimination, mutual agreement, and exchange of information mechanisms together with entry into force and termination provisions.
Exchange rates for imported goods - Amendment to Notification No. 73/97-Cus. (N.T.)
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Exchange rates for imported goods amended, updating statutory customs conversion rates and specifying effective date.
Central Government amends the earlier customs notification to substitute specified entries in Schedule I and Schedule II, setting the Indian rupee equivalents for selected foreign currencies (unit rates in Schedule I and 100-unit rates in Schedule II) for valuation of imported goods under customs and stamp law powers; the revised rates take effect from the stated effective date in the notification.

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