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The Central Govt. approved M/s OPG Energy Pvt. Ltd under section 10(23G)
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Approval under section 10(23G) conditions tax benefit on eligible business, maintenance of accounts and audited reports.
Approval is granted to M/s OPG Energy Pvt. Ltd. for income-tax exemption applicable to its collective captive power plant, subject to compliance with eligibility and procedural requirements, maintenance of books, audit by a qualified accountant, and furnishing of the prescribed audit report; the Central Government may withdraw approval if the undertaking ceases the eligible business or fails to maintain or audit accounts or to furnish the audit report.
The Central Govt. approved M/s Aircel Limited, 'Sterling Tower' under section 10(23G)
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Tax exemption approval renewed, subject to compliance and audit requirements for a cellular service enterprise.
Central Government renewed approval to M/s Aircel Limited under section 10(23G) read with rule 2E for its cellular mobile telephone service project in Tamil Nadu for the period tied to the ten-year Licence Agreement, subject to earlier termination on licence breach. The approval is conditional on conformity with the statutory provisions and rule requirements; the government may withdraw approval if the enterprise ceases the eligible business, fails to maintain audited books, or fails to furnish the required audit report.
The Central Govt. approved M/s Viraj Agro Products Pvt. Ltd under section 10(23G)
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Approval under section 10(23G) renewed for bulk liquid terminal operator, conditional on compliance with rule 2E and audit reporting.
Renewal of approval under section 10(23G) is granted to M/s Viraj Agro Products Pvt. Ltd. for developing, maintaining and operating a bulk liquid storage terminal at Jawaharlal Nehru Port, effective from assessment year 2004-05 until the lease term end (assessment year 2010-11, up to 28.11.2009) or earlier on lease breach; approval is conditional on compliance with the Income-tax Act provisions and the procedural rules and is subject to withdrawal if the undertaking ceases eligible business or fails to furnish the required audit report.
Agreement between the India and Sudan for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income notified
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Avoidance of double taxation: bilateral treaty allocates taxing rights and provides tax relief, dispute resolution and information exchange.
Agreement provides a bilateral framework to avoid double taxation and prevent fiscal evasion between India and Sudan by allocating taxing rights, defining residence and permanent establishment rules, specifying taxing treatments for categories of income (including business profits, dividends, interest, royalties, and capital gains), and prescribing elimination of double taxation through tax credits, a mutual agreement procedure for disputes, and exchange of information and limited collection assistance between competent authorities.
ANNUAL FINANCIAL INFORMATION STATEMENT FOR THE FINANCIAL YEAR
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Annual Financial Information Statement prescribed form under Central Excise Rules mandates use of the specified form for excise reporting.
The Central Board of Excise and Customs, under clause (a) of sub rule (2) of rule 12 of the Central Excise Rules, 2002, prescribes Form ER 4 as the specific form to be used for the Annual Financial Information Statement, establishing the required reporting form for compliance with the annual financial information reporting obligation.
Exempts from the operation of clause (a) sub-rule(2) of rule 12 of the said rules the assessee who paid duty of excise less than One Hundred Lakh Rupees from account current during the financial year
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Exemption from account-current reporting where excise duty paid from account current falls below prescribed threshold.
Exempts from the operation of clause (a) sub-rule (2) of rule 12 of the Central Excise Rules, 2002 the assessee who paid duty of excise less than One Hundred Lakh Rupees from account current during the financial year to which the Annual Financial Information Statement relates, thereby relieving such assessees from the account-current reporting obligation for that year.
Amends the Central Excise Rules, 2002
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Annual Financial Information Statement requirement mandates assessees to file yearly returns by the prescribed deadline; exemptions may be notified.
Every assessee must submit an Annual Financial Information Statement for the preceding financial year in the form specified by Board notification to the Superintendent of Central Excise by the 30th day of November of the succeeding year; the Central Government may, by notification and subject to conditions or limitations, exempt specified assessees or classes of assessees from this filing requirement.
Section 10(23C)(iv) notifies the "India Trade Promotion Organisation, New Delhi" for the A.Y. 2004-2005 to 2006-2007
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Tax-exempt notification applies subject to charitable application of income, permitted investments, business-incidental limits and filing obligations.
Notification under Section 10(23C)(iv) notifies India Trade Promotion Organisation as eligible for the exemption for the stated assessment years, subject to conditions that income be applied wholly and exclusively to its objects; investments and deposits be limited to forms specified in Section 11(5) (except certain voluntary contributions in kind); business income is excluded unless incidental and maintained in separate books; and the assessee regularly files its return of income under the Income-tax Act.
Amendment in the NOTIFICATION NO. 43/2001-CE(N.T.), DT. 26/06/2001 (Education cess on excisable goods )
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Education cess on excisable goods designated as a levy under the Finance Act is incorporated into the Central Excise notification.
The Central Government, under rule 19 of the Central Excise Rules, 2002, amends Notification No. 43/2001 CE(N.T.) by substituting Explanation I item (g) to specify that the Education cess on excisable goods is treated as the cess levied and collected under the Finance Act provision enacted in 2004, thereby altering the explanatory entry without affecting other parts of the principal notification.
Amendment in the NOTIFICATIOIN NO. 42/2001-CE(N.T.), DT. 26/06/2001 (Education cess on excisable goods
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Education cess on excisable goods recognised as levy under section 91 read with section 93 of the Finance Act.
The amendment substitutes entry (g) in Explanation III to treat the Education cess on excisable goods as the cess levied and collected under the Finance (No.2) Act, 2004, thereby identifying that education cess as the statutory levy applicable to excisable goods for purposes of Notification No. 42/2001 Central Excise (N.T.).
Approval of 1171 Kms transmission System from Siliguri to Mandaula Project by M/s Powerlinks Transmission Ltd., New Delhi u/s. 10(23G)
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Tax exemption approval under section 10(23G) granted for a transmission project, subject to compliance and timelines.
Approval is granted to M/s Powerlinks Transmission Ltd for the 1171 kms Siliguri-Mandaula transmission project under the income tax provision for specified exempt enterprises, effective from assessment year 2004-05 for the licence period. The approval is conditional on conformity with the governing provision and rule, maintenance and audit of prescribed accounts, furnishing the audit report, and commencement of the project's transmission or distribution lines by 31 March 2006; failure on these conditions permits Central Government to withdraw the approval.
Approval of Central Manufacturing Technology Institute, Tumkur Road, Bangalore for the period 1.4.2001 to 31.3.2004 u/s. 35(1)(ii)
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Research institution approval: conditional tax recognition with mandatory separate research accounts and specified annual reporting obligations.
Approval is granted to Central Manufacturing Technology Institute as an Institution for research-related tax benefits, conditional on maintaining separate books for research, filing an annual return of scientific research activities to the Secretary, Department of Scientific & Industrial Research by 31st May, and submitting copies of audited annual accounts and audited income & expenditure account for research activities to the Director General of Income-tax (Exemption), the Secretary, DSIR, and the relevant Commissioner/Director of Income-tax (Exemptions) by 31st October, in addition to the designated income-tax return. Renewal applications must be filed in triplicate.
Restriction on import of worn clothing and other worn articles (63090000)
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Restriction on import of worn clothing imposed, bringing used garments under regulatory controls and restricted import policy.
The Central Government amended the ITC(HS) Classification to place worn clothing and other worn articles (Exim code 63090000) under a restricted import policy, stating the restriction is imposed in the public interest and bringing imports of used garments within the regulatory controls applicable to restricted items under the Foreign Trade Policy.
Exchange Rate effective from 1st November, 2004 Relates to export goods
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Exchange rate determination for export goods prescribes specified currency-to-rupee conversion rates effective from 1 November 2004.
The Board, exercising powers under the Customs Act, determines that the rate of exchange for each foreign currency specified in Schedule I and Schedule II for purposes relating to export goods shall, with effect from 1 November 2004, be the rate mentioned against it in the corresponding entry of the schedules; the notification supersedes the prior notification and operationalises the prescribed currency-to-rupee conversion rates for export-related customs purposes.
Exchange Rate effective from 1st November, 2004 Relates to imported goods
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Exchange rate determination sets conversion rates for imported goods under the Customs Act, superseding prior notification.
The Board, under section 14(3)(a)(i) of the Customs Act, 1962, determines official rates of exchange for conversion between specified foreign currencies and Indian rupees for imported goods, superseding the earlier notification; two schedules list the foreign currencies and the rupee equivalents per unit to be applied for customs valuation and related conversion purposes.
Income-tax (Twelfth Amendment) Rules, 2004
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Delegation of signature and approval authority: Principal Scientific Adviser may authorise deputy secretary to issue R&D orders and sign forms.
The amendment authorises the Principal Scientific Adviser to permit an officer not below the rank of Deputy Secretary to issue orders approving scientific research programmes and to sign prescribed forms for specified persons; that authorised officer must submit the report to the Director General (Income tax Exemptions). It replaces the bracketed prescribed authority signature text with a generic "(Signature)" and adds notes that Heads of National Laboratories, Universities or Indian Institutes of Technology shall sign for those institutions while specified persons' forms may be signed by the authorised Deputy Secretary rank officer.
Amendment in the notification No. 33/94-CUSTOMS(NT), dated the 1st July 1994
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Customs notification amendment raises the monetary threshold in Table A item (ii) under Notification No.33/94-CUSTOMS(NT).
Amendment increases the monetary threshold in Notification No. 33/94-CUSTOMS(NT) by substituting the existing monetary expression in Table A, item (ii) with a higher prescribed amount; the change is effected under clause (a) of section 152 of the Customs Act, 1962 and is published as Notification No.122/2004-Customs (NT).
Anti-dumping — Appeal, revision of fees, etc. — Section 77 of the Finance (No. 2) Act, 2004, effective from 1-11-2004
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Anti-dumping appeals statutory commencement notified, enabling revised fees and appeal provisions to take effect under finance legislation.
The Central Government has designated the commencement of the provision governing appeals and revision of fees under the Finance (No. 2) Act, 2004, thereby activating the statutory framework that regulates anti-dumping appeal procedures and associated fee structures and enabling customs authorities and affected parties to operate under the amended regime.
Appeal to Appellate Tribunal — Revision of fees, etc. — Section 69 of the Finance (No. 2) Act, 2004, effective from 1-11-2004
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Appeal to Appellate Tribunal provision takes effect, enabling revision of fees under Finance Act for customs appeals.
The Central Government has notified the commencement of Section 69 of the Finance (No. 2) Act, 2004, bringing into force the provision concerning appeals to the Appellate Tribunal and the revision of fees, by appointing the commencement date for its operation within the customs/non tariff regulatory context.
Central Government hereby appoints the 1st day of November, 2004, for the purposes of Section 83 of the Finance (No. 2) Act, 2004 (23 of 2004)
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Commencement date appointed for Section 83 of the Finance (No. 2) Act, making the provision effective from 1 November 2004.
The Central Government appoints 1st November 2004 as the commencement date for the purposes of Section 83 of the Finance (No. 2) Act, 2004 by notification issued under the powers conferred by that Act, published as a Central Excise (Non Tariff) notification dated 25 October 2004.

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