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Corrigendum to 07/2004-Customs, dated 13-12-2004
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Customs corrigendum corrects tariff notification term, replacing an incorrect equipment acronym with the accurate designation.
The corrigendum amends the customs tariff notification No. 7/2004-Customs published in the Gazette by directing that the term "PEC-CT" in the specified line be read as "PET-CT," effecting a textual substitution in the notification's operative language.
Foreign Exchange Management (Borrowing or Lending in Foreign Exchange) (Second Amendment) Regulations, 2004
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Foreign currency borrowings framework updated: three routes defined with eligibility, permitted end uses, maturities and reporting obligations.
Amendments restructure Regulation 6 to permit resident persons to raise foreign currency borrowings via an Automatic Route, an Approval Route with prior Reserve Bank permission, or as Trade Credit, each governed by separate Schedules specifying eligible borrowers and lenders, permitted end uses and prohibitions, minimum average maturities, all in cost ceilings, security, prepayment, parking of proceeds abroad, loan registration, drawdown and reporting requirements; the Reserve Bank may approve borrowings outside the Schedules on such terms as it considers necessary.
Amendments in the ITC(HS) of Export and Import Items, 2004-09 notified under NTF.NO. 2 DT. 31/8/04 and amended vide NOTIFICATION NO. 4 DT.17/9/04
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Export restrictions on sea shells: free export, CITES-regulated export, or prohibition depending on species listing.
Amendments to the ITC(HS) Classification impose a three-tier export regime for sea shells: specimens not listed under the Wild Life (Protection) Act are free for export; specimens covered by international trade controls are exportable only under CITES regulations; and specimens included in the Schedules of the Wild Life (Protection) Act, 1972 are prohibited from export.
Amendments in Schedule 2 of the ITC(HS) Classifications of Export and Import Items, 2004-09 (Chapter 29)
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Amendment to ITC(HS) classification corrects HCFC 124 structural formula under Foreign Trade Policy.
The notification uses powers under the Foreign Trade (Development & Regulation) Act and Foreign Trade Policy to amend Schedule 2 of the ITC(HS) classifications by correcting the structural formula recorded for HCFC 124 in Annexure C of Chapter 29, replacing the previously published formula with the accurate chemical representation; the change is issued in public interest as an administrative correction to Schedule 2.
Income-tax (20th Amendment) Rules, 2004
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Tax deduction and collection account number: prescribed application procedure, form replacement and deadlines for existing and new deductors.
Application for allotment of a Tax Deduction and Collection Account Number must be made in duplicate in Form 49B to the Assessing Officer assigned the function or the Assessing Officer having jurisdiction; the amendment prescribes filing deadlines for persons who deducted or collected tax before and on/after 1 October 2004 and substitutes Form 49B in Appendix II, effective from publication in the Official Gazette.
Approval of Dharmashila Cancer Foundation & Research Centre u/s 35(1)(ii)
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Research approval under income tax: Dharmashila Cancer Foundation granted institution status subject to annual compliance.
Approval is granted to Dharmashila Cancer Foundation & Research Centre as an institution eligible under the income tax provision for research expenditure for the notified period, subject to maintaining separate books of account for research activities, furnishing an annual return of scientific research activities to the Department of Scientific & Industrial Research by 31 May each year, and submitting audited annual accounts and audited income and expenditure accounts for the research activities to specified authorities by 31 October each year, alongside the return of income; renewal applications must be filed in triplicate and sent to the Department.
Prevention of Fiscal Evasion with respect to Taxes on Income
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Avoidance of double taxation: treaty allocates taxing rights, limits withholding and provides mutual assistance and information exchange.
Treaty between India and Armenia allocates taxing rights for residents and source income, defines residence and place of effective management, and specifies a permanent establishment concept (including a 270 day construction threshold and agent rules) for attributing business profits. It limits withholding taxation on dividends, interest, royalties and fees for technical services where the beneficial owner is resident in the other State, prescribes methods for elimination of double taxation, non discrimination, mutual agreement procedure, exchange of information with confidentiality safeguards, assistance in tax collection, and a limitation of benefits regime to prevent treaty abuse.
Income-tax (19th Amendment) Rules, 2004
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Hospital approval standards for Indian system and homoeopathic treatment now require compliance with prescribed ministry conditions for recognition.
Rule 3A of the Income-tax Rules, 1962 is amended to differentiate approval procedures: approvals for hospitals other than Indian system and homoeopathic hospitals are reworded, and a new sub-rule (1A) mandates that the Chief Commissioner ensure hospitals offering Indian systems of medicine and homoeopathic treatment fulfil the conditions specified in the Departmental Office Memorandum of 6 June 2002 before granting approval; sub-rule (2) is correspondingly updated to correct cross references to the proviso sub clause.
Renewal of recognition to Magadh Stock Exchange Association, Patna.
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Renewal of recognition: trading permitted only after establishment and approval of a Settlement Guarantee Fund.
Renewal of recognition is granted for one year subject to conditions: the exchange must establish a Settlement Guarantee Fund in compliance with the specified SEBI circular and secure SEBI's final approval; trading may commence only after that fund is set up and approved; and the exchange must repay the balance of refundable financial support previously extended by the regulator.
Notified "The Church of South India Trust Association, Chennai" u/s 10 (23C)
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Tax exemption under Section 10(23C): notification conditions charity's income application, investments and compliance.
Notification under Section 10(23C)(v) notifies The Church of South India Trust Association, Chennai for tax concession for assessment years 2004-2005 to 2006-2007 subject to conditions: apply income wholly to its objects; restrict investments to forms permitted by Section 11(5) (with limited exceptions for certain voluntary contributions); exemption excludes business profits unless incidental with separate books; regular filing of income-tax returns; and transfer of surplus and assets to a similar charitable organisation upon dissolution.
Amendments in the Service Tax Rules, 1994
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Consignment note requirement: GTAs must issue detailed consignment notes and specified documents qualify as invoices for service tax purposes.
Amendments require goods transport agencies providing taxable road transport services to issue a serially numbered consignment note on receipt of goods, containing consignor and consignee names, vehicle registration, goods details, origin and destination and the person liable to pay service tax. The amendments also treat any document containing consignment note number and date, gross weight and prescribed particulars as an invoice/bill/challan for GTA-provided services, and clarify persons (consignor, consignee or specified commercial entities) in relation to which liability for freight exists.
Exemption to consignments transported by road when gross amount charged is upto Rs. 1500/-or when gross amount charged for an individual consignment is upto Rs. 750/- (w.e.f 1/1/2005)
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Service tax exemption for goods transport agency services when gross charges fall below specified thresholds, effective from January 2005.
Exemption from service tax is provided for taxable services by a Goods Transport Agency for transport of goods by road in a goods carriage where the gross amount charged falls below specified thresholds; an "individual consignment" means all goods transported for a consignee. The exemption was effective from January 1, 2005, was amended to substitute the beneficiary wording, and was later rescinded by a 2012 notification.
Exemption to transport of fruits,vegetables,eggs or milk by road (w.e.f 1/1/2005)
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Service tax exemption for goods transport agency services carrying fruits, vegetables, eggs, milk and food grains by road.
Service tax exemption was granted for taxable services provided by a goods transport agency in relation to the road transport of fruits, vegetables, eggs, milk and, as later amended, food grains and pulses, effective from the first day of January 2005.
Service tax payable on 25% of the gross amount charged by goods transport agency (w.e.f 1/1/2005)
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Service tax on goods transport agency limited to tax on reduced assessed value; exemptions exclude cenvat users and prior-notification beneficiaries.
Service tax on taxable services by a goods transport agency for road transport is limited to tax calculated on a value equal to 25% of the gross amount charged; the exemption does not apply where Cenvat credit has been taken or where benefit under Notification No. 12/2003-Service Tax has been availed.
Income-tax (18th Amendment) Rules, 2004
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Form No.16 amendments: specified rebate fields for sections 88B, 88C and 88D added to salary certificate.
The amendment substitutes sub-item II of item 13 in Form No.16 to add separate rebate fields for sections 88B, 88C and 88D, and replaces item 14 to require the aggregate of tax rebates at item 13 (the sum of the newly specified sub-items) to be shown in the form. The change is effected under section 295 read with section 203 and takes effect on publication in the Official Gazette.
Income-tax (17th Amendment) Rules, 2004
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Annual information return obligations require specified entities to report defined financial transactions to tax authorities on prescribed formats.
The amendments expand rule 114B to add credit-card applications and certain payments/receipts relating to mutual funds, shares, debentures, bonds and Reserve Bank bonds, require PAN quoting or a Form No. 60 declaration where PAN is absent, and allow minors to quote a parent/guardian PAN. Rule 114C extends verification duties to principal officers, trustees and authorised officers to ensure correct PAN quoting. Rule 114D mandates forwarding copies of Forms No. 60/61 to the Commissioner (Central Information Branch) in two instalments. Rule 114E requires specified persons to furnish an Annual Information Return in Form No. 65 on prescribed electronic media with verification, signature and filing deadlines and technical instructions.
Section 10(23) notifies the "Ratnagiri Zilla Bridge Association, Ratnagiri" for the A.Y. 2002-2003
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Tax exemption notification for an association requires exclusive application of income, permitted investments, business incidental limits, and dissolution transfer.
Notification under Section 10(23) designates the Ratnagiri Zilla Bridge Association as eligible for exemption for assessment year 2002-2003, conditional on: applying or accumulating income exclusively to its objects; restricting investments to forms permitted by Section 11(5) (excluding certain voluntary contributions retained in kind); excluding business income unless 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.
Income-tax (Sixteenth Amendment) Rules, 2004
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Collection of tax at source expanded to include buyers, licensees and lessees with revised certificate and form requirements.
The rules insert a reference to section 194LA into withholding provisions and extend Part VIA cross-references to sub-section (1C), broaden "buyer" to "buyer or licensee or lessee," mandate Form No.13 for applications seeking certificates under sub-section (9) of section 206C, add Schedule XII for compensation on compulsory acquisition, and substitute Forms 16A and 27D to capture compensation payments and standardized tax collection certificates.
Extending the period of Supersession of the Committee of the Calcutta Stock Exchange Association Ltd.
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Supersession of stock exchange committee continued; Administrator stays to complete corrective reforms and demutualization process.
Extension of supersession of the Committee of the Calcutta Stock Exchange Association Ltd. continues the appointment of Shri Tushar Kanti Das, IAS (Retd.) as Administrator to exercise and perform all powers and duties of the Committee, to permit completion of corrective measures, the election and constitution process, and demutualization and corporatization, under the statutory powers vested in SEBI and the Securities Contracts (Regulation) Act.
Income-tax (Fifteenth Amendment) Rules, 2004
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Form No.3AA prescribed percentage change alters reporting threshold for asset allowance, affecting calculation and compliance requirements.
Amendment substitutes the existing twenty-five per cent figure with ten per cent in Form No.3AA, item 4, thereby changing the numerical criterion in that Form's Notes; the rule is made under statutory rulemaking authority and takes effect from the first day of April following notification.

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