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Notifications
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Central Government notified that certain Special Economic Zones were deemed to be ports under Sec.7 of the Customs Act 1962 from 14 March 2006.
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Deeming of Special Economic Zones as ports enables Customs Act port status for listed SEZs and customs jurisdiction.
Central Government, under the Special Economic Zones Act, 2005, appoints specified Special Economic Zones to be deemed ports under the Customs Act, 1962 effective 14 March 2006, listing named SEZ locations so they fall within the customs regime and oversight applicable to ports.
Amends First Schedule
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Amendments to First Schedule add aids for handicapped, blood components, specific chelating drugs, low priced footwear and hawan samagri.
Amendments to the First Schedule revise serial No. 2 to list aids and implements used by handicapped persons (including orthopedic appliances, artificial joints and parts, hearing aid systems and accessories, wheelchairs and parts, braille typewriters and braille paper), replace serial No. 21 with blood including blood components, and insert entries for deferiprone and desferrioxamine, certain low priced rubber/plastic/rexine footwear with indelibly marked MRP, and hawan samagri, effective immediately.
Amends Sixth Schedule
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Amendment to Sixth Schedule: targeted VAT exemptions and conditional reliefs for humanitarian organisations and specified construction payments.
Amendment to the Sixth Schedule of the Delhi Value Added Tax Act adds specified country names and inserts entries exempting purchases by Indian Red Cross Society and St. John Ambulance Association when not for personal use, exempts specified goods procured by the Confederation of Indian Industry for free distribution to earthquake victims subject to a prescribed certificate, and grants relief for payments by Vivekananda Kendra to named contractors for a defined construction project; effective dates for particular entries are specified and the amendment is made under section 103 of the Act.
Amends Fourth Schedule
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Inclusion of piped natural gas in VAT schedule changes its statutory classification and takes immediate effect.
Amendment inserts piped natural gas into the entry at serial No. 1 of the Fourth Schedule to the Delhi Value Added Tax Act, 2004, placing it after "other than liquid petroleum gas" and before "Compressed Natural Gas," thereby changing the statutory classification of piped natural gas under the Act; the amendment takes effect immediately.
Amends Third Schedule
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Amendment to Third Schedule adds and substitutes specified goods under Delhi VAT, effective immediately by notification.
Amendment to the Third Schedule revises specified goods by substituting the sub-entry to list Uninterrupted Power Supplies (UPS), Inverters and their parts, replacing the entry covering Plastic footwears (including moulded plastic footwears, hawai chappals and straps) and inserting new entries after SI. No. 171 to add various electrical components and consumables, measuring instruments, insulating and jointing materials, protective components, relays and timers, cocoa and coffee, wire and metal mesh, LPG and PNG, and desi ghee; the notification takes immediate effect.
Organisation K.K.BirlaAcademy, New Delhi approved for the purpose of section 35(1)(ii) of the Income-tax Act, 1961, for the period from 1.4.2004 to 31.3.2007
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Research expenditure deduction approval grants recognition subject to separate accounts, audited filing, and auditor certification requirements.
K.K. Birla Academy, New Delhi, is approved as an institution for research expenditure deduction for the period 1 April 2004 to 31 March 2007, subject to maintaining separate accounts for research funds, filing audited Income & Expenditure accounts for the approved research activities to the Commissioner/Director of Income Tax (Exemptions) by the return filing due date or within ninety days of the notification, and enclosing an auditor's certificate specifying donor-eligible amounts and certifying that the expenditure was for scientific research.
For the purpose of Section 35(1)(ii) - organization M/s. Aeronautical Development Agency, 3F, Hansalaya Building, HAL Liaision Office, 15, Barakhamba Road, New Delhi has been approved
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Research donation approval requires audited income-and-expenditure accounts and auditor certificate confirming eligible receipts and research expenditure.
Approval of M/s. Aeronautical Development Agency as an approved organization under Section 35(1)(ii) for 1-4-2003 to 31-3-2006 is conditional on maintaining separate research accounts, submitting audited income-and-expenditure accounts for approved research to the Commissioner/Director by the return due date or within 90 days of the notification, and enclosing an auditor's certificate specifying eligible research receipts and certifying that expenditure was for scientific research.
Any income received by any person on behalf of Sundaram Charity, Chennai exempted under Section 10 (23C)(v)
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Income exclusion for receipts on behalf of Sundaram Charity applies when recipients observe specified application, investment, filing and dissolution conditions.
Notification exempts income received by any person on behalf of Sundaram Charity, Chennai from inclusion in that person's total income for specified assessment years, provided the Institution applies or accumulates income exclusively for its objects with accumulation above fifteen percent limited to five years, confines investments to forms authorised under section 11(5), treats business income as excluded only if incidental and separately accounted, files returns regularly, and directs surplus on dissolution to a similarly purposed organisation.
Any income received by any person on behalf of Inland Waterways Authority of India, Noida (UP) exempted under Section 10 (23C)(iv)
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Income exemption for receipts held on behalf of Inland Waterways Authority: subject to application, investment, business and dissolution conditions.
Notification exempts income received by any person on behalf of the Inland Waterways Authority of India, Noida under Section 10(23C)(iv) for the specified assessment years, subject to conditions: application or limited accumulation of income to institutional objects with a cap on excess accumulation and time limit; permitted modes of investment; exclusion of business income unless incidental and separately recorded; regular filing of returns; and transfer of surplus assets on dissolution to a like-minded organisation. The exemption applies only to receipts on behalf of the Institution and not to other receipts of the recipients.
Any income received by any person on behalf of Bharatiya Vidya Bhavan, Mumbai exempted under Section 10 (23C)(iv)
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Exemption under Section 10(23C)(iv) excludes receipts for an educational institution from recipients' taxable income, subject to conditions.
Notification excludes from a recipient's total income any income received on behalf of Bharatiya Vidya Bhavan, Mumbai for assessment years 2005-2006 to 2007-2008, provided the Institution applies or accumulates income exclusively for its objects, limits excessive accumulation to five years, confines investments to permitted forms, treats business income as taxable unless incidental with separate books, files returns regularly, and transfers surplus assets on dissolution to a like-minded organisation.
Any income received by any person on behalf of Sri Sarada Math, Dakshineswar, Kolkata exempted under Section 10 (23C)(v)
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Income exemption for donations made on behalf of Sri Sarada Math, Dakshineswar subject to specified application, investment, and reporting conditions.
Income received by any person on behalf of Sri Sarada Math, Dakshineswar is not includible in that person's total income for the notified assessment years, provided the Institution applies or legitimately accumulates its income within prescribed limits, confines investments to modes specified in section 11(5), treats business income as taxable unless incidental with separate books, files returns regularly, and on dissolution transfers surplus and assets to a like minded organisation.
Any income received by any person on behalf of The Congregation of the Fransciscan Sisters of the Presentation of the Blessed Virgin Mary, Coimbatore exempted under Section 10 (23C)(v)
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Institutional income exemption: income received on behalf of a religious congregation excluded from recipient's taxable income.
Notification exempts from taxation any income received by a person on behalf of The Congregation of the Fransciscan Sisters of the Presentation of the Blessed Virgin Mary, Coimbatore under Section 10(23C)(v), subject to conditions: application or limited accumulation of income for institutional objects, restriction of investments to permitted modes, exclusion of non-incidental business income unless separately accounted, regular filing of returns, and transfer of surplus on dissolution to an organisation with similar objectives. The exemption applies to recipients of such income and does not decide the Institution's own taxability.
Any income received by any person on behalf of Shree Datta Deosthan Trust, Ahmednagar exempted under Section 10 (23C)(v)
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Exemption for income received on behalf of a trust: such receipts excluded from donor's taxable income subject to conditions.
Any income received by any person on behalf of Shree Datta Deosthan Trust, Ahmednagar is excluded from that person's total income under a Section 10(23C)(v) exemption, subject to conditions: income must be applied or accumulated exclusively for institutional objects with limits on excess accumulation; funds must be invested only in modes specified in section 11(5); business income is excluded unless incidental and separately accounted; returns must be regularly filed; and on dissolution surplus assets must go to a like organisation. The exemption covers only receipts on behalf of the institution.
Any income received by any person on behalf of Raja Charity Trust, Rajapalayam, Tamil Nadu exempted under Section 10 (23C)(v)
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Income exemption for charity receipts - donations received on behalf of a trust excluded from donor income, subject to compliance.
Receipts received by any person on behalf of Raja Charity Trust shall not be included in that person's total income, provided the Institution applies or accumulates its income exclusively for its objects within the prescribed accumulation limits, confines investments to permitted modes, maintains separate books for any incidental business, files returns regularly, and on dissolution transfers surplus and assets to an organization with similar objectives.
Any income received by any person on behalf of Maninagar Shree Swaminarayan Gadi Sansthan Shreeji Sankalp Murti Adya Acharya Pravar Dharmadhurandhar 1008 Shri Muktajeevan Swamibapa Survarna Jayanti Mahotsav Smarak Trust, Ahmedabad exempted under Section 10 (23C)(v)
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Tax exemption under Section 10(23C)(v) for income received on behalf of a notified charitable trust, subject to conditions.
A Section 10(23C)(v) exemption treats income received by any person on behalf of the specified trust as not includible in that person's total income for the assessment years notified, subject to conditions: application or limited accumulation of income for institutional objects, restricted modes of investment per section 11(5), exclusion of business income unless incidental with separate books, regular filing of returns, and transfer of surplus on dissolution to a similar organisation.
Tariff value of certain items under chapter headings 1511 and 7404 revised
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Tariff value revision updates import valuation for specified vegetable oils and brass scrap, altering customs valuation benchmarks.
The Board, exercising powers under the Customs Act, substitutes the tariff-value table in the principal notification to prescribe updated US dollar per metric tonne tariff values for specified edible oils and brass scrap. The amendment replaces the prior table in Notification No.36/2001-Cus (N.T.) with a new table listing commodity descriptions and revised tariff values for the listed chapter headings and sub-headings, thereby updating the administrative benchmarks used for import valuation and customs assessment.
Drawback rates - when goods are re-exported after specified period
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Drawback rates reduced progressively with longer delays before re-export, ending in no refund after the longest prescribed interval.
Amendment substitutes a new schedule specifying graduated drawback rates tied to the period between clearance for home consumption and placement under Customs control for export, with the proportion of import duty refundable decreasing in defined intervals and ceasing to be payable when the period exceeds thirty-six months.
Refund of Cenvat Credit - Prescribes safeguards, conditions and limitations for the purpose of Rule 5 of Cenvat Credit Rules, 2004
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Refund of Cenvat Credit: unutilised input and input service credit refundable for exports subject to procedural safeguards and proportionate limit.
Refund of CENVAT credit is allowed for inputs and input services used in export of goods under bond/letter of undertaking and for exported output services without payment of service tax, subject to conditions: compliance with export procedure, submission of Form A with shipping bill or certified copy or invoice and bank realisation certificate, filing within the statutory claim period, and refund limited to unutilised credit where it cannot be utilised against duties, with input service credit refundable proportionately to the export turnover-to-total turnover ratio for the claim period.
Amends Cenvat Credit Rules, 2004 – Replaces Rule 5 – Refund of Cenvat Credit in case of Export
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Refund of Cenvat Credit: export-used inputs and services may be adjusted or refunded subject to notified safeguards.
Substitutes Rule 5 to allow CENVAT credit on inputs and input services used in exported final or intermediate products, or in exported output services, to be utilized towards excise duty or service tax; where adjustment is not possible, refund is allowed subject to safeguards and conditions notified by the Central Government. Refund is prohibited if drawback or rebate for the same duty or tax has been claimed, and credit of the additional duty under section 3(5) of the Customs Tariff Act cannot be used to pay service tax. "Output service which is exported" is defined by the Export of Services Rules, 2005.
Additional Secretary to the GOI the words Special Secretary to the GOI shall be substituted
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Administrative designation change: 'Special Secretary' replaces 'Additional Secretary' in SEZ notification under regulatory framework.
Under Section 8(1) of the Special Economic Zones Act, 2005, Notification S.O. 195(E) dated 10th February, 2006 is amended by substituting the phrase "Additional Secretary to the Government of India" with "Special Secretary to the Government of India" in the entry at serial number 1.

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