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Exchange rates for export goods - Notification No. 37/97-Cus. (N.T.) superseded
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Exchange rate determination for exports sets prescribed currency conversion rates and supersedes the prior notification effective early October.
Determination of exchange rates for export goods under the Customs Act: the Central Government supersedes Notification No. 37/97 and prescribes revised conversion rates for specified foreign currencies into Indian rupees, effective from the first day of October, 1997. Schedule I lists rates per one unit of currency; Schedule II lists rates per one hundred units, establishing official conversion rates for customs valuation and export procedures.
Exchange rates for imported goods - Notification No. 36/97-Cus. (N.T.) superseded
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Exchange rate determination prescribed for import valuation and stamp duty, effective and superseding the prior notification.
Prescribes exchange rates for conversion between specified foreign currencies and Indian currency to be used for calculating stamp duty under the Indian Stamp Act and for the purposes of section 14 of the Customs Act insofar as they relate to imported goods, effective from 1st October 1997, superseding Notification No. 36/97-Cus. (N.T.), and sets out those rates in two appended schedules (rates per unit in Schedule I and rates per 100 units in Schedule II).
Agreement between the Government of the Republic of India and the Government of the Republic of India and the Government of Turkmenistan for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes
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Double taxation avoidance treaty allocates taxing rights, permanent establishment rules, withholding limits and mutual agreement procedures.
Convention gives domestic effect to an agreement to avoid double taxation and prevent fiscal evasion, applying to residents and specified taxes on income and capital; it defines key terms and allocates taxing rights: immovable property is taxable in situs State; business profits are taxable in the resident State except profits attributable to a permanent establishment in the other State determined on an arm's-length separate enterprise basis; specific rules and limitations apply to dividends, interest, royalties and fees for technical services; capital gains, personal services, pensions, government remuneration, artists, students and teachers receive tailored sourcing and exemption rules; relief is by tax credit, mutual agreement procedure, information exchange and collection assistance; entry into force, confidentiality and termination provisions are included.
Agreement between the Government of the Republic of India and the Sultanate of Oman for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes
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Double taxation avoidance: treaty allocates taxing rights and caps source withholding on passive and technical payments.
Treaty between India and Oman provides rules to avoid double taxation and prevent fiscal evasion by defining scope and covered taxes, allocating primary taxing rights (including immovable property, business profits attributable to a permanent establishment, and special regimes for air and sea transport), capping source withholding on dividends, interest, royalties and technical fees where the recipient is beneficial owner, and establishing mutual agreement, exchange-of-information and relief-by-credit mechanisms with confidentiality safeguards.
Commissioners, Customs (Adjudication), Bombay, Delhi and Chennai, have jurisdiction over the whole of India for the purpose of adjudication
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Adjudicatory jurisdiction: Commissioners appointed with nationwide authority to adjudicate customs cases assigned by the central board.
The Central Government, under sub section (1) of section 4 of the Customs Act, appointed the Commissioners of Customs (Adjudications) at Bombay, Delhi and Chennai as Commissioners of Customs each having jurisdiction over the whole of India to adjudicate cases assigned to them by the Central Board of Excise and Customs.
Modvat - Inputs of tooth powder and tooth paste - 11th Amendment of 1997 to Central Excise Rules
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Lapse of MODVAT credit for tooth powder and toothpaste inputs; credit cannot be used for duty payment, stock credit preserved.
The amendment inserts a provision that causes MODVAT/input credit in respect of inputs for manufacture of tooth powder and toothpaste to lapse and prohibits its utilisation for payment of duty on clearances for home consumption or export, while expressly preserving credit attributable to inputs lying in stock or contained in finished products in stock on the commencement date.
Soap, washing / cleaning preparations - Abatement allowed for determining assessable value with reference to retail sale price
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Abatement allowance reduces assessable value of soap and washing preparations under excise valuation rules.
Allows an abatement of thirty-five per cent of the retail sale price for determining the assessable value of soap, washing and cleaning preparations classified under the specified tariff subheadings, by exercising the statutory power to prescribe abatement for excise valuation; the notification sets an operative commencement date for application to eligible goods.
Soap, washing/cleaning preparations - Valuation with reference to retail sale price
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Valuation with reference to retail sale price extends to specified soap and cleaning preparations under section 4A(2).
The Central Government designates goods under sub headings 3401.20 and 3402.90 (soap and washing/cleaning preparations) as subject to valuation by reference to retail sale price and specifies that the provisions of sub section (2) of section 4A of the Central Excise Act, 1944 shall apply to these goods, with the notification fixing a commencement date for that applicability.
Tooth powder and tooth paste - Abatement allowed for determining assessable value with reference to retail sale price
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Abatement for retail-priced toothcare products allowed to reduce assessable value under Central Excise provisions effective on notification
The Central Government, exercising powers under section 4A(2) of the Central Excise Act, allows an abatement of thirty per cent of the retail sale price for goods described as tooth powder and tooth paste, reducing the assessable value for excise purposes; the notification specifies its commencement date.
Tooth powder and tooth paste - Valuation with reference to retail sale price
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Valuation with reference to retail sale price applied to tooth powder and toothpaste under section 4A(2).
Goods under sub heading 3306.10, namely tooth powder and toothpaste, are specified as subject to valuation with reference to retail sale price by operation of sub section (2) of section 4A of the Central Excise Act, 1944, altering the assessable value basis for excise duty assessment and taking effect from the notified commencement date.
Notifies the Haryana Cricket Association, Bhiwani (H. P.) u/s 10(23)
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Tax exemption for notified association: conditional relief subject to proper application of income, permitted investments, and no member distributions.
Notification grants tax exemption to the Haryana Cricket Association, Bhiwani, under clause (23) of section 10 for specified assessment years subject to conditions: income must be applied or accumulated solely for the association's objects in line with section 11 as modified; investments and deposits are limited to permitted modes with restricted holding of voluntary contributions in notified forms; income distribution to members is prohibited except as grants to affiliated bodies; business income is excluded unless incidental and separately accounted.
Securities and Exchange Board of India (Registrar to Issue and Share Transfer Agents) Amendment Regulations, 1997.
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Registrar conflict of interest barred when registrar is an associate of the issuer, preventing appointment on that issue.
Regulation 13A bars a registrar to an issue from acting for any securities issue if the registrar and the issuing body corporate are associates, defined by direct or indirect control of not less than ten percent of voting power or by the registrar or any of his relatives being a director of the other; 'relative' has the meaning given in the Companies Act.
Securities and Exchange Board of India (Debenture Trustees) Amendment Rules, 1997
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Decision timeframe for debenture trustee applications: Board must decide within three months and notify applicants.
The amendment inserts a new sub-rule under rule 3 requiring the Board to take a decision on an application for recognition as a debenture trustee within three months of receipt of all information necessary for consideration, and to dispatch an intimation of that decision to the applicant.
Special duty of Customs - Partial exemption
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Special duty exemption caps additional customs levy on specified imported goods by reference to a fixed ad valorem rate.
The Central Government limits the special duty of customs on specified imported goods by exempting any portion of that duty exceeding an amount calculated at a fixed ad valorem rate; the exemption applies only to goods expressly listed by tariff sub-heading in the First Schedule, encompassing specified food and beverage preparations, telecommunication components, storage units, magnetic media, and digital still image video cameras.
Imports under EPCG Scheme - Amendment to Notification No. 29/97-Cus.
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Additional duty exemption under EPCG scheme narrowed; excess duty remains payable, while certain garment and agro inputs remain fully exempt.
Amendment substitutes the exemption wording to limit relief to so much of the additional duty as is in excess of an amount calculated at a fixed proportion of value, thereby narrowing the blanket exemption; specified inputs for manufacture of leather garments, textile garments (including knitwear), agro products and products of horticulture and floriculture remain fully exempt, subject to stated conditions.
Exemption to goods imported under EPCG Scheme - Amendment to Notification No. 111/95-Cus.
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Customs additional duty exemption limited to duty above a standard threshold, with full relief for garment and agro inputs.
The amendment narrows the opening exemption in Notification No.111/95-Cus so that additional duty relief for goods imported under the EPCG scheme applies only to the portion of additional duty exceeding an amount calculated at a prescribed rate of value, while providing full exemption where the goods are required for manufacture of leather garments, textile garments (including knitwear), agro products and products of horticulture and floriculture; this exemption remains subject to the conditions in paragraph 2.
Customs airport for importation of goods and baggage - Amendment to Notification No. 61/94-Cus. (N.T.)
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Customs airport importation: rules amended to permit unloading of specified imported goods and passenger baggage at designated airport.
The Central Government, under section 7(a) of the Customs Act, 1962, substitutes the entry in the notification table so that the authorised activity at the specified customs airport expressly includes unloading of imported goods from Sri Lanka, Sharjah and Kuwait and baggage, thereby defining the scope of import unloading authorised under Notification No. 61/94 (N.T.).
Customs - Director General (Safeguards) - Appointment of
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Appointment of Director General (Safeguards) under customs safeguard rules to administer safeguard duty measures.
The Central Government, exercising powers under sub rule (1) of rule 3 of the Customs Tariff (Identification and Assessment of Safeguard Duty) Rules, 1997, appointed Shri R.K. Gupta, Additional Director General in the Office of the Director General of Inspection, Customs and Central Excise, New Delhi, as Director General (Safeguards) to administer and implement the said Rules; the appointment was later superseded by a 2003 notification.
Imports for defence forces - Amendment to Notification No. 39/96-Cus.
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Amendment to Customs exemption: substitution of January with July modifies timing for defence imports under statutory authority.
Amendment substitutes the word July for January in the Explanation to S. No. 15 of the Table to Notification No. 39/96 Customs, changing the temporal reference applicable to the customs exemption for imports for defence forces; the Central Government effected the change under its statutory authority in the public interest.
Modvat credit - Refund of - Inputs used in the goods exported under bond
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Modvat credit refund: amendment updates rule reference and permits deemed credit register alongside form RG 23A.
Modvat credit refund procedure is amended by substituting the opening paragraph reference from sub-rule (3) to sub-rule (13) and by revising Appendix references so that mentions of form RG 23A in paragraph 6 and in Form A, paragraph II, are replaced with "form RG 23A or the deemed credit register maintained in respect of textile fabrics, as the case may be," permitting either document as evidence for claiming credit on inputs used in goods exported under bond.

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