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Notifications
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Exemption the duty of customs leviable under the First Schedule (ThisNotification amends the Notification No. 20/2006 dt. 1.3.2006)
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Customs duty exemption scope excludes goods already enjoying full-duty exemptions under specified prior notifications.
The amendment inserts a non-applicability clause providing that the notification shall not apply to goods specified against the first serial entry where an exemption from the whole of the customs duty leviable under the First Schedule is being availed under any of the listed earlier exemption notifications, thereby preserving those prior full-duty exemptions and preventing overlapping concessions.
Amendments in the Notification No. 21/2002-Customs, dated the 1st March, 2002
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Customs tariff amendments: new import classifications added and cardiac catheter description revised, changing duty treatment for specified goods.
The notification amends the customs exemption schedule by inserting three new tariff classifications-Carbon Black Feed Stock; Polyester Chips; Coronary stents and coronary stent systems for use with cardiac catheters-and by substituting in the Annexure List 37 item (2) the description "Cardiac catheters with guidewires," thereby updating the classification and descriptive scope within Notification No. 21/2002-Customs.
Amends Various notification no. 3/2006, 4/2006, 5/2006 and 6/2006 to give make certain goods exempted from duty of Central Excise
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Excise exemptions for specified goods: retail-priced packaged chewing product, candles, certain ceramics and medical and manual machinery relieved.
Amendment to Central Excise notifications inserts and substitutes table entries to grant nil-duty treatment for specified goods: packaged scented supari differentiated by retail sale price bands with an explanatory definition of "retail sale price"; candles; all goods under a specified ceramic heading; manually operated rubber roller machines and copra dryers; and coronary stents and stent systems for use with cardiac catheters, through Notification No.25/2006-Central Excise amending Notifications 3/2006, 4/2006, 5/2006 and 6/2006.
Amends Rule 3(7) of Cenvat Credit Rules to allow the credit equal to the amount of CVD paid by the EOU, EHTP or STP etc.
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Cenvat credit expansion: credit now equals the countervailing duty effectively paid by EOUs and park units for cleared inputs and capital goods.
Provides that CENVAT credit for inputs and capital goods cleared on or after 1 March 2006 from export oriented undertakings or units in Electronic Hardware Technology Parks or Software Technology Parks, which pay excise duty under the specified notification, shall be equal to X multiplied by a prescribed multiplicative formula, thereby aligning the credit with the amount of countervailing duty paid by those units.
Amends Delhi value Added Tax Rules, 2005
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Refund entitlement for Sixth Schedule organisations: quarterly claims allowed subject to invoice and use conditions
The rules amend refund and reporting procedures: Sixth Schedule organisations may quarterly apply for refunds of tax borne by them or qualified persons on purchases made from registered dealers against tax invoices exceeding five thousand rupees, for uses specified in the Sixth Schedule, subject to Commissioner notified conditions; applications are made in Form DVAT 23 within twenty eight days of quarter end and the organisation is deemed agent for attached qualified persons. Dealers effecting inter state sales, exports or branch transfers must file a reconciliation return in Form DVAT 51 within three months after each quarter, with prescribed detailed reporting and verification.
Amendment in Central Sales Tax (Delhi) Rules, 2005
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Reconciliation return requirement mandates quarterly DVAT-51 filings and original declaration-form submissions under specified timelines and conditions.
Every dealer must furnish a Reconciliation Return in Form DVAT-51 within three months after each quarter and, with that return, submit the original portion of any declaration or certificate forms (e.g., Forms C, D, F, J) received from purchasing dealers or authorised officers; the Commissioner may withhold or reject issuance of declaration forms for failure to file returns, utilization accounts, pay taxes, comply with security demands, or where adverse material exists, subject to reasons in writing and opportunity of hearing, with transitional deadlines for specified pre-October 2005 transactions.
Composition of tax scheme - trading of drugs and medicines
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Composition tax scheme for drug traders allows eligible small dealers to pay turnover-based tax with strict trade and record restrictions.
Provides a composition tax scheme for registered dealers exclusively trading drugs and medicines, permitting eligible small dealers to pay a fixed percentage of entire turnover instead of calculating net tax. Eligibility depends on turnover limits (with a new-entrant exception). Conditions include prohibition on inter state trade, restrictions on purchases from unregistered persons (subject to exceptions), no issuance of tax invoices or tax collection, and mandatory retention of purchase and retail invoice records. Opting, withdrawal, conversion on exceeding turnover, and consequences of return defaults are prescribed with required forms and proofs.
Composition of tax scheme - works contracts of the nature of civil construction
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Composition scheme for works contracts: turnover taxed at a set composition rate, with restricted input credit and procedural conditions.
A composition scheme applies to registered dealers exclusively engaged in civil construction works, fixing composition tax on entire turnover at a lower rate when purchases and sales occur within the territory and at a higher rate where goods are procured from or supplied to places outside the territory. Dealers under the scheme are barred from claiming input tax credit, issuing tax invoices, collecting tax, making interstate purchases on declaration forms for contract use, or importing goods for contract execution. Subcontractor payments certified in the prescribed form may be excluded from a subcontractor's taxable turnover; mandatory forms and transitional adjustments for opening stock and capital goods credit are required, and default in return filing triggers exit to regular tax liability.
International Competitive Bidding - agencies/funds - legal agreements provide for tender
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International Competitive Bidding: amendment permits tender evaluation excluding customs duty and DDP-based bids for turnkey supplies.
International Competitive Bidding for projects financed by notified multilateral or bilateral agencies/funds may be evaluated without including customs duty where legal agreements so provide; supply and installation under turnkey contracts to such projects may be invited and evaluated on the basis of Delivered Duty Paid (DDP) prices for goods manufactured abroad.
Income-tax (Second Amendment) Rules, 2006 - Substitution of rule 31AC and Form No. 26QA
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Quarterly return obligations for time deposit interest must be filed in the prescribed form on electronic media with verification.
The rules require branches of banking companies to maintain particulars of time deposits in Form No. 26QA, with computer-stored particulars where daily accounts are on computer media. Quarterly returns for interest on such time deposits must be furnished in Form No. 26QAA, verified, filed with the Director General of Income-tax (Investigation) or an authorised person, submitted on CD-ROM or DVD with Part A on paper, and accompanied by any decompression utility and a certificate of clean, virus-free data. Time deposits exclude recurring deposits.
Development Council for Sugar Industry
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Establishment of Development Council for Sugar Industry confirms government creation and appointment of council leadership and members.
The Central Government, under the Industries (Development and Regulation) Act and procedural rules, establishes the Development Council for Sugar Industry for a two year tenure and appoints a Chair (Secretary, Department of Food and Public Distribution), a Member Secretary (Joint Secretary in charge of Sugar) and members drawn from government departments, technical institutes, industry associations, financial and cooperative bodies and individual industry representatives.
Offences against Act to be cognizable only on complaint by Registrar, shareholder or Government - Notified authority
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Prosecution authority under Companies Act granted to SFIO Assistant Director to file and conduct prosecutions on authorised complaints.
The Central Government, under section 621(1) of the Companies Act, 1956, authorises Shri M.S. Bhardwaj, Assistant Director in the Serious Fraud Investigation Office, Ministry of Company Affairs, to file and conduct prosecutions for offences under the Companies Act that are cognizable only on complaint by the Registrar, a shareholder, or the Government.
Companies (Amendment) Regulations, 2006 - Insertion of Part F
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Electronic filings permitted for company applications and records under amended regulations, enabling electronic registration, certificates and inspections.
Part F authorises electronic submission and transmission of applications, documents, notices, declarations and statements required under the Regulations; permits electronic issuance and acknowledgement of certificates, licences, receipts and endorsements by Regional Directors and Registrars; allows electronic registration, recording and filing with the Registrar subject to compliance with specified procedural requirements; permits maintenance of registers and indexes in electronic form; and provides for electronic inspection of filed documents upon payment of the prescribed fee, while preserving specified exclusions and procedural conditions.
Foreign Exchange Management (Foreign Exchange Derivative Contracts) (Second Amendment) Regulations, 2006
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Commodity hedge authorization permits residents to use overseas commodity contracts to mitigate price risk under RBI conditions.
The Reserve Bank may authorize residents to enter into commodity contracts abroad to hedge price risk subject to conditions and Schedule III procedure; authorized dealer banks can be specially authorized to permit listed domestic companies to hedge imported/exported commodities under RBI directions and may seek RBI authority to grant such permissions. SEZ units may hedge on a stand-alone basis isolated from parent or subsidiary financial contracts, and Schedule III requires authorized dealers to verify documents and forward applications with recommendations to the Reserve Bank where applicable.
Foreign Exchange Management (Foreign Exchange Derivative Contracts) (Amendment) Regulations, 2006
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Rupee involved derivative contracts: rebooking restricted but rollovers and hedging cancellations allowed at on going rates.
Amendment restricts rebooking of foreign exchange derivative contracts involving the rupee as one of the currencies, permitting rollovers at on going rates on or before maturity. Exceptions allow residents' contracts hedging current account transactions (not based on undocumented past performance or rupee settled foreign currency transactions) to be cancelled and rebooked freely at on going rates; export related contracts may also be cancelled, rebooked or rolled over at on going rates without restriction. The amendment is retrospective with a non adverse effect clarification.
Any income received by any person on behalf of SOS Childrens Villages of India, New Delhi exempted under Section 10 (23C)(iv)
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Income exemption for funds received on behalf of a charitable institution, subject to application, investment and dissolution conditions.
Notification exempts amounts received by any person on behalf of SOS Childrens Villages of India from assessable total income for assessment years 2003 04 to 2005 06, subject to conditions: income must be applied or accumulated for institutional objects with accumulation above fifteen percent limited to five years; investments restricted to forms permitted by law (except certain voluntary contributions in kind); business income excluded unless incidental and separately accounted; regular filing of returns required; and on dissolution surplus and assets must transfer to a similar organisation.
Any income received by any person on behalf of Mata Amrithanandamayi Math, Amritapuri, Kollam Distt. Kerala exempted under Section 10 (23C)(iv)
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Charitable income exemption: donations received on behalf of a religious institution excluded from donor's taxable income when conditions met.
Any income received by any person on behalf of Mata Amrithanandamayi Math is excluded from that person's total income for specified assessment years under clause (23C)(v) of section 10, subject to conditions: exclusive application or limited accumulation of income, investment only in modes specified for charitable funds, business income being incidental with separate books, regular filing of returns, and transfer of surplus on dissolution to a similar organisation.
Any income received by any person on behalf of Krishnamurthy Foundation India, Chennai exempted under Section 10 (23C)(iv)
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Income received on behalf of a charitable institution exempt from inclusion in a person's total income subject to compliance conditions.
Any income received by any person on behalf of Krishnamurthy Foundation India, Chennai shall not be included in the total income of such person for the specified assessment years, provided the Institution applies or accumulates its income wholly and exclusively for its objects with limited accumulation excess, restricts investments to modes permitted by law, treats business income as excluded only if incidental with separate books, files returns regularly, and on dissolution transfers surplus and assets to an organisation with similar objectives.
Amends Notification No. 3/3206 - to exempts from excise duty processed food meant for free distribution to weaker sections
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Excise duty exemption for packaged food distributed free to economically weaker sections, subject to government certification and time limits.
Amendment grants Nil excise duty to food preparations (tariff item 1901) in unit containers intended for free distribution to economically weaker sections under programmes approved by the Central or State Government. The manufacturer must, within five months of clearance or such further period as the Deputy/Assistant Commissioner of Central Excise may allow, produce a certificate from an officer not below Deputy Secretary to the Central or State Government confirming free distribution under a government-approved programme.
The Central Government notified that the provisions of Chapter XA of the Customs Act 1962, the Special Economic Zones Rules 2003 and the Special Economic Zones (Customs Procedure) Regulations 2003, were not applicable to Special Economic Zones from 14 March 2006.
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Non-applicability of Customs provisions: SEZ rules and SEZ customs regulations ceased to apply from appointed date.
The Central Government appointed 14 March 2006 as the date from which the provisions of Chapter XA of the Customs Act, 1962 and the Special Economic Zones Rules, 2003 and the Special Economic Zones (Customs Procedure) Regulations, 2003 shall not apply to Special Economic Zones, by notification under the Special Economic Zones Act, 2005 (S.O. 320[E]).

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