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Foreign Exchange Management (Transfer or Issue of Security by a Person Resident Outside India) (Fifth Amendment) Regulations, 2004
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Foreign investment conversion rules permit equity issuance for royalty or ECB conversion, subject to pricing and sectoral caps.
Amendments allow Indian companies eligible under the Schedule to issue equity/preference shares to non-residents in consideration for conversion of royalty/lumpsum fees or conversion of ECB, subject to pricing guidelines and sectoral foreign equity caps. Conversion of royalty/lumpsum fee or ECB is expressly treated as consideration for issue of shares, and acquisitions beyond sectoral limits include such conversions. Reporting requirements mandate ECB-2 for full conversions and Form FC-GPR for converted portions with ECB-2 for non-converted portions.
Companies (Auditor’s Report) (Amendment) Order, 2004 - Amendments in paragraphs 1, 2 and 4 of Companies (Auditor’s Report) Order, 2003
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Auditor reporting scope expanded to require detailed related party loan, internal control and tax dispute disclosures.
The Order amends auditor reporting obligations by setting quantitative thresholds for private company exemptions; omitting specified clauses in paragraph 2; and revising paragraph 4 to require auditors to disclose detailed information on loans to and from parties in the register under section 301, assess whether loan terms are prima facie prejudicial, report on repayment regularity and recovery steps for overdue amounts, evaluate adequacy of internal controls for purchases, sales and fixed assets, confirm register entries and market reasonableness of related party transactions, broaden referenced statutory forums, and expand tax dispute disclosure requirements.
Amendments in the Cus Ntf No.44/91(NT) dated 30.05.1991
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Customs amendment removes specified tariff entries and adds Raw Wool to the notified Table under Customs authority.
The Central Government, invoking powers under the Customs Act, issues an amendment to the principal non-tariff notification to omit several specified serial entries in the notification's Table and to insert a new Table entry: "Raw Wool." The amendment is promulgated by a departmental notification signed by the Under Secretary and references prior Gazette publications of the principal notification and its earlier amendments.
Exempts interest accrued on the customs duties payable at the time of clearance from Customs Bonded Warehouses by STP, EHTP units
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Exemption of interest on customs duties: interest waived for capital goods cleared from bonded warehouses by export oriented and STP/EHTP units.
Exempts interest on customs duties payable at clearance from Customs Bonded Warehouses for capital goods, specified equipment and accessories (excluding raw materials, components and consumables) imported by export oriented undertakings, EHTP units or STP units and warehoused under the Customs warehousing regime, with beneficiary definitions tied to the respective scheme notifications and statutory meaning of export oriented undertaking.
Import of Biaxally Oriented Poly Propylene film, commonly known as BOPP film, falling under heading 3006 10 or 3920
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Anti-dumping duty on BOPP film imposed with modified country-specific rates and defined currency and exchange rate rules.
Imposition of anti-dumping duty on BOPP film from Taiwan, Hong Kong, Indonesia, Oman, Singapore and Thailand, following designated authority findings of dumping and material injury and a Tribunal-directed modification of definitive rates. The Government, under the Customs Tariff Act and anti-dumping rules, superseded the earlier notification and imposed country-specific duty rates applicable to all exporters from the subject countries, payable in Indian currency, with the rate of exchange for conversion determined by the Government notification and the bill of entry date as the relevant date.
Rule 9A of the CENVAT Credit Rules, 2004 - FORM ER-6
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CENVAT credit form specification: Form ER-6 prescribed under rule 9A sub-rule (3) to standardize compliance.
The notification prescribes Form ER-6 for the purposes of sub-rule (3) of rule 9A of the CENVAT Credit Rules, 2004, establishing the official form required to standardize documentary compliance under that provision.
Rule 9A of the CENVAT Credit Rules, 2004 - FORM ER-5
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Form specification under Rule 9A: Form ER-5 prescribed for CENVAT Credit Rules compliance by notification.
The Central Board of Excise and Customs, exercising the power conferred by the relevant sub rule of the CENVAT Credit Rules, 2004, prescribes Form ER-5 as the standardized form to be used for purposes of administering CENVAT credit, thereby establishing an administrative compliance requirement under the central excise non tariff framework.
Class of manufacturers, of final products who manufacture excisable goods
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CENVAT Credit rule 9A exemption for specified classes of manufacturers, based on tariff classification and duty threshold.
Notification exempts classes of manufacturers from the operation of rule 9A of the CENVAT Credit Rules, 2004: (i) those manufacturing goods listed in the annexed Table (specified tariff Chapters and Headings) who paid excise duties below a prescribed threshold in the preceding year; and (ii) manufacturers of excisable goods under the First Schedule not listed in the Table. The Table defines the tariff-based category, and a subsequent amendment omits the phrase "through account current."
Amendments in the CENVAT Credit Rules, 2004
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Principal inputs declaration required annually with monthly returns to report input receipt and consumption for manufactured excisable goods.
Rule 9A requires manufacturers to file an annual declaration identifying principal inputs and quantities per unit of final product by 30th April (transitional date for 2004-05), to notify any proposed changes before or within fifteen days of change, and to submit monthly returns within ten days after each month reporting receipt and consumption of each principal input; the Central Government may exempt certain manufacturers, and "principal inputs" are those whose cost constitutes not less than ten percent of total raw-material cost per unit.
FTA with Thailand – Customs Notif. No. 101/04 Amended
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Rules of Origin updated: new local value added requirement for threaded iron or steel fittings and deletion of interim list.
Annexure A is amended to add a product specific rule for subheading 730792 (threaded elbows, bends and sleeves): change at the 4 digit HS level to 730792 from any other heading is permitted provided Local Value Added Content is not less than 20%; this increases Annexure A to 25 items. The list of eighty two items under the "Interim Rules of Origin for Early Harvest Scheme (EHS)" is deleted.
Exchange Rates effective from 1st December, 2004 Relates to export goods
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Exchange rate determination for export goods sets specified foreign currency conversion rates, superseding earlier notification.
The Board, under the Customs Act, prescribes specified exchange rates for conversion between listed foreign currencies and Indian rupees for purposes relating to export goods, effective from the stated date and superseding the earlier notification; Schedule I lists per-unit rates for multiple currencies while Schedule II lists the rate per 100 units for the Japanese Yen.
Exchange Rates effective from 1st December, 2004 Relates to imported goods
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Exchange Rate Determination sets official foreign currency conversion rates for imported goods, superseding the prior notice.
The Board determines official foreign currency conversion rates for customs purposes, effective 1st December, 2004, superseding the prior notification; Schedule I provides rupee equivalents per one unit of listed currencies and Schedule II provides rupee equivalents per one hundred units for the specified currency, with the rates shown in column (3) being operative for imported goods.
Securities and Exchange Board of India (Debenture Trustee) (Amendment) Rules, 2004.
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Debenture trustee rules expanded to include private placements of listed-company debentures, extending trustee oversight after Gazette publication.
The 2004 amendment to the Debenture Trustee Rules inserts into rule 2(e) an express provision bringing private placements of debentures made by a listed company, which are proposed to be listed, within the scope of the debenture trustee regulatory framework, thereby extending trustee obligations and oversight to such placements; the amendment takes effect upon publication in the Official Gazette.
Amendments in the Notification No. 40 /2004, dated 4th February, 2004
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Exemption for royalty and fees for technical services: royalty exempt only where earned on or after 1 April 2003.
Amendment revises the notification to include royalty in addition to fees for technical services within the exemption and inserts a proviso that royalty is exempt only where it is earned on or after 1 April 2003, effected by exercise of the government's power under the relevant income tax provision.
Publication of Daily Lists of Imports and Exports Rules
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Publication of daily import-export lists: Commissioner must publish EDI consignments' particulars on customs website or noticeboard.
Mandates publication of daily lists for ports operating on the Electronic Data Interchange (EDI) system; the Commissioner of Customs must publish import and export lists, which may be exhibited on the customs house notice board or web-site. The EDI system is defined as the customs computer system through which electronic declarations or manifests are lodged by authorized persons via service centre data-entry facilities or NIC networking facilities. Required particulars for imports include port or country of origin, description, quantity, value and names of the steamers; for exports required particulars include destination, description, quantity, value and names of the steamers.
Commissioner of Customs (Exports), Jawaharlal Nehru Custom House, Nhava Sheva appointed as Commissioner of Customs (Exports), New Custom House, Mumbai for adjudication of specified case
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Adjudicating commissioner appointment for customs show cause proceedings reassigns adjudicatory jurisdiction to hear specified export cases.
Appointment under sub section (1) of section 4 of the Customs Act, 1962 designates the Commissioner of Customs (Exports), Jawaharlal Nehru Custom House, Nhava Sheva to act as Commissioner of Customs (Exports), New Custom House, Mumbai for adjudication of matters arising from a Show Cause Notice issued to M/s. Frost International Limited and others, thereby reassigning adjudicatory jurisdiction to hear the specified export-related proceedings.
Amendments in the Cus Ntf No. 21/2002 dated. 01.03.2002
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Import duty exemption for hand-knotted carpet samples linked to export-based import limits and certification requirements.
Inserts a tariff entry exempting samples of hand knotted carpets from standard and additional customs duty, and amends annexure conditions to cap imports under the scheme by reference to preceding-year FOB export values: 3 percent for textile (non-handloom) or leather garments, 5 percent for handloom garments, with lining/inter-lining limited to 2 percent. Establishes condition 21C for carpets limiting imports to 1 percent of FOB carpet exports and requiring a Carpet Export Promotion Council Certificate verifying export values and prior imports.
Approval of the project of Jaypee DSC Ventures Ltd. u/s 10(23G)
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Tax exemption approval under 10(23G) for a highway BOT project is conditional on compliance and audited accounts.
Approval under section 10(23G) is granted to M/s Jaypee DSC Ventures Ltd. for a twenty-year period from AY 2003-04 to AY 2023-24 (up to 11.01.2023) per the concession agreement dated 18.04.2002. The approval is subject to compliance with section 10(23G) read with rule 2E, including continuation of the eligible business, maintenance of books and an audit as required by sub-rule (6) of rule 2E, and furnishing the audit report; the Central Government may withdraw approval on breach of these conditions. The approved project is the BOT conversion of Delhi-Gurgaon NH-8 (Km.14.30-Km.42.00) into an access-controlled 8/6 lane highway.
Poject of providing Cellular Mobile Telephone Service in Chennai Metro Service Area by M/s Aircel Cellular Limited has been approved u/s 10(23G)
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Approval under section 10(23G) renewed for a telecom project, subject to compliance with audit and reporting conditions.
Renewal of approval under section 10(23G) is granted for the Chennai Metro cellular mobile telephone service project, effective for the specified assessment years up to the end of the applicable twenty year period, contingent on compliance with section 10(23G) and rule 2E. Conditions include maintaining books of account, obtaining an audit as required by sub rule (6) of rule 2E, and furnishing the audit report; the Central Government may withdraw approval for ceasing the eligible business or failing to meet these audit and reporting obligations.
Specification of the amount to be converted by the Government of Delhi into Long Term advances to securities outstanding State Electricity Board's dues
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Conversion of State electricity board dues into long term advances secures outstanding liabilities under income tax provision.
Central Government, invoking powers under Section 10(15) of the Income Tax Act, specifies a sum to be converted by the Government of Delhi into long term advances to secure outstanding State Electricity Board dues; the conversion is to take the form of Long Term advances to securities carrying interest at 8.5% per annum for a fifteen year period.

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