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Exemption to goods imported against a Duty Free Credit entitlement Certificate by a status holder
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Duty credit certificate exemption permits customs duty relief for status holders importing specified goods under conditions.
Goods specified under paragraph 3.7.2.1(vi) of the Export and Import Policy imported by eligible status holders against a Duty Credit Entitlement Certificate are exempt from customs duty, additional duty under section 3, and special additional duty under section 3A, subject to conditions: certificate issuance by licensing authority, non-transferability (with limited use by named supporting manufacturers), installation and use certification for capital goods within six months (or authorised extension), presentation of the certificate at customs clearance, sufficient credit on the certificate, designated ports/locations for import, and provisions on drawback or CENVAT credit.
Amendment in the Notification No.07/2003-CE, Dt. 01/03/2003 (Effective rates of duty on textile articles - 5805.11 and 5805.19 & Chap. 59)
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Tariff amendment: nil excise for factory-use printing frames and a specified effective duty for certain textile headings.
The amendment inserts two tariff entries: a nil excise duty exemption for printing frames under chapter 59 when intended for use within the factory of production, and an entry treating all goods under headings 5805.11 and 5805.19 as subject to an effective duty rate of ten percent with no additional duty leviable, implemented by executive notification in the public interest.
SSI Exemption from Excise Duty – Conditions and Other Provisions Changed
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SSI exemption conditions revised - specified clearances excluded from computation of first clearances and aggregate home consumption value.
Amendments limit which clearances count toward the SSI excise exemption by excluding: goods wholly exempt from excise under other notifications or exempt for other reasons; clearances bearing another person's brand or trade name that are ineligible; specified goods cleared for use as inputs within the same factory; strips of plastics used within the factory for weaving or manufacture of polymer sacks or bags; and, for aggregate home consumption value, duty free clearances to FTZs, SEZs, 100% EOUs, EHTPs/STPs and supplies to the UN or international organizations exempt under the earlier notification. Terry towels (Chapter 63) are added to the Annexure.
Amendment in the Notification No.06/2002-CE, Dt. 01/03/2002 (Machinery & Rolling Stock for Delhi Metro Rail Exempted from Excise Duty)
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Excise duty exemption for metro procurement: machinery and rolling stock exempt upon DMRC certificate confirming use and ownership.
Amendment inserts S.No.260A granting Nil excise duty on all equipment, including machinery and rolling stock, procured by or on behalf of the Delhi Metro Rail Corporation Ltd. for use in the Delhi MRTS Project. It adds Condition 61 requiring that, prior to clearance, the manufacturer produce to the Deputy/Assistant Commissioner of Central Excise a certificate from the Chairman or Managing Director of the Corporation confirming procurement for project use and that the goods form part of the Corporation's inventory and will be finally owned by it.
NOTIFICATION No. 35/2001-CE(N.T.), Dt. 26/06/2001 (Central Excise Single Regn. For Manuf. of Textiles, etc.)
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Single registration for textile manufacturers allows consolidated registration of multiple premises under one commissioner's jurisdiction upon declaration.
The notification proviso permits single registration for persons manufacturing or trading in textiles and related goods who have more than one premises requiring registration, provided all such premises fall within one Commissioner of Central Excise's jurisdiction and the applicant declares details of all premises in the form specified in Annexure 1 when applying.
Aamend the CENVAT Credit Rules, 2002
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CENVAT credit eligibility expanded for textile and made up articles; endorsed documentary transfers preserve input credit rights.
Amendments broaden covered textile goods to include made up textile articles and replace rule 7(1)(e) to allow CENVAT credit where specified documents issued in the name of persons engaged in purchase, sale or manufacture of such textiles-including activities exempt, nil-rated, or not amounting to manufacture-are endorsed in full for the entire consignment to another manufacturer, producer or dealer; recipients shall not be denied credit solely because the goods' description changed. Rule 9A allows credit calculation by rates or in such manner, treats inputs in garments or fabrics in stock for credit, and requires the prescribed declaration by the stated deadline.
Amend the Central Excise Rules, 2002
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Central Excise amendment clarifies one month payment deadline and expands textile tariff coverage to include made up textile articles.
The notification amends the Central Excise Rules, 2002 by substituting the proviso to rule 8 to state that goods removed "without payment of duty" where duty and interest remain unpaid more than one month from the due date will attract the prescribed consequences and penalties, and by expanding rule 12B's tariff descriptions to include readymade garments and expressly add made up textile articles within the enumerated tariff coverage.
Drawback Schedule
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Duty drawback rates established, subject to procedural compliance, exclusions for alternative relief schemes, and verification requirements.
Determines rates of duty drawback subject to the Drawback Rules and conditions: entitlement requires compliance with procedural requirements; exclusions apply where alternative duty relief or export schemes (Advance Licence, DFRC/DEPB, EOU, FTZ/EPZ/SEZ, rebate or CENVAT) have been used; unspecified products may have rates fixed on application; rates include packing materials; de minimis and per-shipment floors apply; partly assembled exports qualify subject to a minimum FOB test and evidence; composite articles may receive pro rata drawback on self-declaration subject to verification.
SECTION 50, READ WITH SECTION 5 OF THE FOREIGN EXCHANGE REGULATION ACT, 1973 (REPEALED ACT) - PENALTY/ENTRUSTMENT OF FUNCTIONS OF DIRECTOR OR OTHER OFFICERS OF ENFORCEMENT - NOTIFIED ADJUDICATING OFFICERS
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Adjudicating Officers designation under foreign exchange law enables specified officers to adjudicate contraventions assigned by enforcement.
The Central Government authorises specified officers as Adjudicating Officers to adjudicate contraventions of the Repealed Foreign Exchange Regulation Act (excluding specified provisions), with cases assigned by the Directorate of Enforcement, thereby delegating adjudicatory functions to officers of Customs, Central Excise and Income tax to give continued effect to enforcement action under transitional provisions.
Companies (Second Amendment Act,2002)-(Effective Date of Section 2 & Section 6 i.e. 1-4-2003)
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Effective date appointment: sections two and six of the Companies Amendment commence on 1 April 2003.
The Central Government appoints the 1st day of April, 2003 as the commencement date for sections 2 and 6 of the Companies (Second Amendment) Act, 2002, exercising the power conferred by sub section (2) of section 1 of that Act, as notified by the Department of Company Affairs in the Gazette.
Corrigendum
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Corrigendum adding vehicle to permitted assets in an income tax notification governing a charitable project description.
This corrigendum amends a prior Income Tax notification by inserting the word vehicle into the project description, so that the enumerated activities include construction of buildings, purchase of equipment, vehicle, furnishing, development of a botanical garden and running of the named research foundation; it specifies that the replacement applies to the identified paragraphs of the original Gazette notification.
Exemption u/s 35AC - Central Government had specified for Integrated Rural Development Project by Jankidevi Bajaj Gram Vikash Sanstha as an eligible project or scheme - Amendment in N. No. S.O. 878(E) dated the 30th November, 1992
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Exemption under section 35AC: specification continued and approved project cost increased for Integrated Rural Development Project.
The Central Government specifies the Integrated Rural Development Project by Jankidevi Bajaj Gram Vikash Sanstha as an eligible scheme under section 35AC and, following a National Committee recommendation, amends the prior notification by substituting a higher approved maximum project cost in the notification Table, thereby changing the ceiling for amounts allowable as a deduction under the provision for that project.
Exemption u/s 35AC - Central Government had specified for Integrated Rural Development at Bharatpur (Rajasthan) and Raisen (Madhya Pradesh) by Lupin Human Welfare and Research Foundation as an eligible project or scheme
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Exemption under section 35AC extended for specified Integrated Rural Development projects, preserving their eligible project status under income-tax rules.
The Central Government, under the Explanation to Section 35AC of the Income tax Act, specifies the Integrated Rural Development scheme by Lupin Human Welfare and Research Foundation at Bharatpur and Raisen as an eligible project for a further period of three years commencing from assessment year 2003 2004, following the National Committee's recommendation that the project is being executed properly.
Exemption u/s 35AC - C. G. had specified for Expansion of Educational activities by construction/repair of buildings and pipe lines to economically weaker sections whose family income is not more than Rs. 18,000 per annum at Gujarat by Bhil Seva Mandal as an eligible project or scheme
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Exemption under section 35AC: specified educational project by Bhil Seva Mandal extended as eligible scheme for tax-exempt donations.
The Central Government specifies and extends qualification of Bhil Seva Mandal's Expansion of Educational activities project as an eligible scheme for exemption under section 35AC, covering construction/repair of buildings and walls, purchase of equipment, erection of hedges/bunds/trenches, and provision of water tanks and pipe lines for economically weaker sections in specified Gujarat districts, following a National Committee recommendation and including an estimated project cost and corpus fund.
Exemption u/s 35AC - Central Government had specified for Land development, construction, equipments, furnishing and running of Sri Sathya Sai Heart Hospital at Rajkot, Gujarat by Prashanti Medical Services and Research Foundation as an eligible project or scheme
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Exemption under tax provision extended for Sri Sathya Sai Heart Hospital scheme, renewing its eligible project status further.
The Central Government specifies the land development, construction, equipment, furnishing and operation of Sri Sathya Sai Heart Hospital by Prashanti Medical Services and Research Foundation as an eligible project under the tax exemption provision, on the National Committee's recommendation that the project is being executed properly, and records the project scope, executing entity, and estimated cost with a corpus fund for a further renewal term.
Exemption u/s 35AC - Central Government had specified for purchase and running of Willingdon Hospital, Chennai, Tamil Nadu by Medical Research Foundation as an eligible project or scheme - Amendment in N. No. S.O. 862(E) dated the 12th December, 1997
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Section 35AC exemption: project specification amended to raise the approved project cost, expanding deduction eligibility for the hospital project.
The Central Government specifies the purchase and running of Willingdon Hospital, Chennai by Medical Research Foundation as an eligible project under section 35AC and amends the original notification to substitute the previously approved maximum cost in the notification's table with a higher amount, following the National Committee's recommendation that the project is being properly executed and the approved cost should be revised upward.
Exemption u/s 35AC - Central Government had specified for Bhaorao Deoras Health Science Institution Lucknow: Purchase of land, construction of building and furnishing, Uttar Pradesh by Bhaorao Deoras Seva Nyas as an eligible project or scheme
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Exemption under section 35AC extended for Bhaorao Deoras health and training projects for a further three-year period.
Central Government extended tax exemption under section 35AC to projects by Bhaorao Deoras Seva Nyas, Lucknow, covering land purchase, construction and furnishing, purchase of vehicles, instruments and equipment, acquisition of books and the running of institutional facilities for a Health Science Institution and an Industrial Training Institute; the extension follows the National Committee's recommendation and applies for a further three year period commencing with the assessment year 2003 2004 at the stated estimated project cost.
Exemption u/s 35AC - Central Government had specified for Leprosy eradication, rehabilitation of leprosy afflicted and their children and rural health at Rajendranagar, Distt. Sabarkantha, Gujarat by Sahyog Kushthayagna Trust as an eligible project or scheme
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Section 35AC exemption: Leprosy eradication project by Sahyog Kushthayagna Trust specified as eligible for further three-year period.
Central Government specifies under Section 35AC the leprosy eradication, rehabilitation and rural health project at Rajendranagar carried out by Sahyog Kushthayagna Trust as an eligible project for tax exemption, following a National Committee recommendation and prior extensions, and re specifies the project for a further three year period with recorded estimated project cost and corpus fund.
Exemption u/s 35AC - C. G had specified for Construction of Tutorial and Children activity hall/compound wall at Ranasan-Harsol-Sabarkantha, Gujarat by Anjali (Society for Rural Health and Development) Post-Ranasan as an eligible project or scheme
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Section 35AC exemption extended for rural health and educational project; eligibility continued for a further three year period.
The Central Government, under the Explanation to section 35AC, specifies the Anjali (Society for Rural Health and Development) project at Ranasan Harsol Sabarkantha-comprising construction of a tutorial and children activity hall, compound wall, equipment, vehicle, furnishing, and operation of Anjali Hospital and a T.B. centre with children and educational activities-as an eligible project for tax exemption for a further three year period commencing with assessment year 2004 2005, following the National Committee's recommendation; the notification records the estimated project cost and a corpus fund.
Exemption u/s 35AC - C. G had specified for Integrated Rural Development Project by Murleidhor Jalan Foundation as an eligible project or scheme
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Exemption under section 35AC extended for Murleidhor Jalan Foundation's Integrated Rural Development Project, permitting further eligibility.
The Central Government specifies the Integrated Rural Development Project carried out by Murleidhor Jalan Foundation as an eligible project under section 35AC for a further period of three years commencing from the assessment year 2003-2004. The project includes construction of primary schools, community centres, a vocational training centre at Dibrugarh, old age homes, tubewells, health centres, mobile dispensaries, road construction, dwelling units for the poor, low-cost latrines and the first phase of a sports stadium, at an estimated cost of rupees Four crore Seventeen lakhs Seventy-Four thousands, following a National Committee recommendation under rule 11M of the Income-tax Rules.

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