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Notifications
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Income-tax (Sixth Amendment) Rules, 2005
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Depreciation rates revised to a comprehensive asset class schedule affecting buildings, machinery, pollution control and intangible assets.
Substitution of Appendix I prescribes a detailed schedule of depreciation allowance rates on written down value for defined blocks of assets. It classifies assets into tangible and intangible categories with specified percentage rates for buildings, furniture and fittings, diverse machinery and plant (including pollution control, energy saving and medical equipment), ships and specified intangible assets. The schedule provides enhanced or special rates for assets used in infrastructure water projects, certain replacement vehicles, industry specific acquisitions and renewables, and includes notes clarifying scope, residential building criteria, definitions and qualifying procurement schemes.
Service Tax (Third Amendment) Rules 2005
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Service tax rule amendment extends the compliance deadline by substituting a later date in the rule provision.
The instrument substitutes a later calendar date in the proviso to Rule 4(1) of the Service Tax Rules, 1994, thereby extending the period for the specified compliance or transitional effect; it is named the Service Tax (Third Amendment) Rules 2005 and commences on publication in the Official Gazette.
Power to modify Act in its application to Nidhis, etc. - Notified Nidhis
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Modification of company law application to Nidhis: government declares specified firms as Nidhis and prescribes tailored applicability.
Declares thirteen specified companies to be Nidhis under the power conferred by section 620A of the Companies Act and directs that provisions of the Act listed in Schedule III of the principal notification shall not apply or shall apply with exceptions, modifications and adaptations set out in the corresponding entries. The notification amends Schedule I of the principal notification by adding serial entries identifying the newly declared Nidhis.
The Central Government notifies the "Sanjay Gandhi Memorial Trust, New Delhi" for the purpose of clause (23C)(iv) of section 10 of the Income-tax Act, 1961
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Tax exemption notification: Sanjay Gandhi Memorial Trust granted conditional exemption, subject to investment, accounting and dissolution rules.
Notification designates the Sanjay Gandhi Memorial Trust as eligible for the tax-exemption provision for specified assessment years, conditional on exclusive application or accumulation of income to its objects, permitted forms of investment for funds, exclusion of business income unless incidental and separately accounted, regular filing of income-tax returns, and transfer of surplus and assets on dissolution to a similar charitable organisation.
Under section 10(15)(iv)(h) the Central Government specified the 40th series of Tax free bonds of rupees 10,00,000 each
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Tax exemption for specified tax-free bonds notified; benefit conditional on holder registration with issuer during the financial year.
The Central Government notifies a specified series of tax-free bonds issued by M/s. North Eastern Electric Power Corporation Limited as eligible for exemption under item (h) of sub-clause (iv) of clause (15) of Section 10 of the Income-tax Act, identifying their denomination, interest rate and aggregate issue amount for the financial year, and conditions entitlement on the holder registering name and holding with the issuer.
Revised rates on tariff value for brass scrap (all grades) and amended notification 36/2001(N.T)
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Tariff value fixation updates replacement table and adds brass scrap valuation under customs notification effective immediately.
Substitution of the tariff-value Table in Notification No.36/2001-Cus (N.T.) under Section 14(2) of the Customs Act, effecting revised tariff values in US dollars per metric tonne for listed headings; the Table newly records a tariff value for Brass Scrap (all grades) while most other specified entries are unchanged.
Makes changes consequent to the introduction of new Tariff
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Tariff reference substitution required: Special orders' chapter and heading citations updated to amended tariff items upon commencement.
Substitutes references in all special orders from obsolete Chapter, heading or sub-heading citations to the corresponding Chapter, heading, sub-heading or tariff item as renumbered by the Central Excise Tariff (Amendment) Act, 2004, effective from that Act's commencement; the changes are technical adjustments to classification numbering and do not alter substantive provisions of the special orders.
Makes changes consequent to the introduction of new Tariff
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Tariff classification update substitutes revised chapter and heading references in existing notifications, effecting technical renumbering without substantive change.
Substitutes references in notifications so that any citation to a Chapter, heading, sub heading or tariff item in the First or Second Schedule to the Central Excise Tariff Act, 1985 shall be read as the corresponding reference amended by the Central Excise Tariff (Amendment) Act, 2004, with such substitution taking effect from the commencement of that Amendment Act; the change implements technical renumbering and does not alter the substantive effect of existing notifications.
Makes changes consequent to the introduction of new Tariff
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Tariff renumbering aligns Central Excise notification references with amended classification, preserving prior actions and substantive content.
Substitutes references in all existing Central Excise notifications so that any reference to a Chapter, heading or sub heading in the Schedules to the Central Excise Tariff Act is deemed replaced by the corresponding amended Chapter, heading, sub heading or tariff item introduced by the Tariff Amendment Act; the substitution applies prospectively from the commencement of that Amendment Act and preserves prior actions while making only technical classification changes without substantive effect.
Central Excise (Removal of Difficulties) Rules, 2005.
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Tariff reference substitution updates rules and notifications to align classifications with the amended Central Excise tariff.
References in rules made under section 37 of the Central Excise Act and in notifications issued under those rules to Chapters, headings or sub-headings of the First or Second Schedule to the Central Excise Tariff Act are deemed substituted by the corresponding Chapter, heading, sub-heading or tariff item as amended by the Central Excise Tariff (Amendment) Act, 2004, to reflect the revised tariff numbering scheme.
Removal of Difficulty Order
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Commencement of Amendment Act: government appoints operative date for the Act's provisions to come into force.
The central government, exercising the power under sub section (2) of section 1 of the Central Excise Tariff (Amendment) Act, 2004, appoints a specific operative date for the coming into force of that Act's provisions by issuing a Removal of Difficulty Order in the form of a notification to operationalise the amendment.
Amendment in all the notification issued under section 4A consequent to change in Central Excise Tariff
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Tariff reference substitution under section 4A ensures all notifications reflect updated Central Excise Tariff numbering scheme.
Amendment requires substitution of references to Chapter, heading, sub heading or tariff item in all notifications issued under the enabling provision so that references correspond to the First Schedule as amended by the Central Excise Tariff Amendment Act, 2004; the change implements the revised numbering scheme for classification without substantive alteration of existing notifications.
Exempts various products
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Excise duty exemption: prescribed effective rates cap duty on listed goods, exempting any excess from Central Excise.
Notification No. 03/2005-CE (24-02-2005) limits Central Excise duty on specified goods by prescribing an effective rate of duty; any duty in excess of that rate is exempt. The notification lists tariff-classified items granted nil or reduced effective rates-including selected foodstuffs, medicaments, chemical contraceptives, raw materials and utilities consumed within factories, nuclear fuel, certain papers for educational and Braille use, and specified components or waste used in manufacture-and applies packaging or use conditions such as "not put up in unit containers" or "used within factory of production."
8 Digit classifications effective from 28/2/2005
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Tariff classification renumbering requires existing notifications to adopt updated tariff-item references, preserving their substantive effect.
The Government directs substitution of references in all in force notifications so that Chapter, heading, sub heading and tariff item citations are replaced by their corresponding references as amended by the Central Excise Tariff (Amendment) Act, 2004; the change is technical and non substantive and takes effect on the notified commencement date.
8 Digit classifications effective from 28/2/2005
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Tariff classification update: existing excise notifications' references substituted to correspond with amended tariff headings.
The notification substitutes, in all notifications then in force under the cited excise statutes, references to Chapters, headings, sub headings or sub heading numbers of the First or Second Schedule with the corresponding Chapter, heading, sub heading or tariff item as amended by the Central Excise Tariff (Amendment) Act, 2004; the substitution is technical and non substantive to reflect the revised eight digit numbering scheme and comes into force on the stated commencement date.
Gold, silver, platinum and other precious metals in any form, including plain and studded jewellery
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Target Plus scheme expanded to include precious metals and jewellery, altering commodity coverage under foreign trade policy.
Amendment to Paragraph 3.7.5(f) of the Foreign Trade Policy expands the Target Plus scheme coverage to include "Gold, silver, platinum and other precious metals in any form, including plain and studded jewellery," effected by Notification No. 27/2004-09 and issued under the Foreign Trade statutory framework.
Exchange rate (Export) with effect from 1st march 2005
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Exchange rate determination: new export conversion rates established under Customs Act for specified foreign currencies
Administrative notification under the Customs Act, 1962 fixes conversion rates for specified foreign currencies into Indian rupees for export goods, effective 1 March 2005, superseding the prior notification and prescribing per unit rates in a primary schedule and a separate basis for Japanese Yen in a second schedule.
Exchange rate (import) with effect from 1stmarch 2005
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Exchange rate determination for import valuation establishes specified foreign currency conversion rates effective under Customs Act, regulating customs valuation procedures.
Determination of exchange rates for import valuation under the Customs Act prescribes conversion rates for specified foreign currencies into Indian rupees effective from 1st March, 2005, superseding the earlier notification. The Board issues two schedules: Schedule I with rates per unit for listed currencies and Schedule II with the rate per one hundred units for Japanese Yen, making those rates the operative conversion basis for imported goods under the cited statutory provision.
Amendment in Notification No. 2/2005 - MRP on Medicaments
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MRP adjustment on medicaments: amends prior notification to standardise specified entries under section 4A of excise.
Exercising powers under section 4A of the Central Excise Act, 1944, Notification No. 4/2005 amends Notification No. 2/2005-Central Excise (N.T.) by substituting the entries in column (4) of the Table for S.No.1 and S.No.2 with a uniform new entry, thereby revising the MRP treatment for the specified medicaments as published in the Gazette on 7 January 2005.
Amended Condition No. 11 of Chapter 1A : General Conditions of Import Policy
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Import Restrictions on Hazardous Dyes require pre shipment certificates and specified testing for textile consignments.
Imports of textiles must not contain hazardous dyes prohibited under the Environment (Protection) Act; consignments require a pre shipment certificate from an accredited textile testing laboratory, or else sampling and testing by designated domestic agencies per Public Notice No. 12 (RE-2001)/1997-2002. Sampling will test at least 25% of items, prioritise consignments from countries without dye prohibitions, and permit test reports valid for six months for identical-specification consignments from the same importer, supplier and country. Woolen and wool-blended imports additionally require fibre composition marking, a pre shipment inspection certificate, a certificate of origin, and brand owner certification of genuineness.

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