Notification No.176/2005 – Income Tax In exercise of the powers conferred by section 295 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely
Yes. As discussed supra. A return of production, clearance and duty paid in the prescribed manner, is a statutory requirement. In the absence of a specific reference in Section 32E to ER1/ER3 i.e. monthly/quarterly returns prescribed under Rule 12 of the Central Excise Rules, since the ‘declaration’ filed by a small scale manufacturer also contains the basic particulars of estimated production and clearances though not the duty paid, as the product is totally exempt, and keeps the Department aware of the bona fide existence of the applicant, the yearly declaration can be deemed to serve the purpose of ‘return’, in so far as Sec. 32E(1) of the Central Excise Act is concerned.
In any case if the material is imported from unregistered sources and the licence holder has failed to export the goods, then the Advance Licences cannot be regularised on payment of applicable customs duties etc. Since the material is not to be allowed for consumption within India, the unregistered material may be allowed to be re-exported within valid Export Obligation period to the satisfaction of customs authorities that the material which was imported earlier is the same material that is being re-exported.
In exercise of the powers conferred by sub-clause (i) of clause (a) of sub-section (3) of section 14 of the Customs Act, 1962 (52 of 1962) and in supersession of the notification of the Government of India in the Ministry of Finance (Department of Revenue) No.42/2005-NT-Customs, dated the 26th May, 2005 [S.O.726(E), dated the 26th May, 2005], the Board hereby determines for the purposes of said section relating to export goods, that the rate of exchange of conversion of each of the foreign currency specified in column (2) of each of Schedule I and Schedule II appended hereto into Indian currency or vice versa shall, with effect from the 1st July.
The Government has re-assigned 8 digit of ITC(HS) Codes to the Scheduled Chemicals of CWC and notified them in the Customs Tariff. Some of the commercially important Schedule 2 Chemicals are given at Annexure ‘A’ of this Circular. It is reiterated that the export of these chemicals is allowed only as per provisions in Appendix 3 to Schedule 2 of ITC(HS) after due consideration by the IMWG at DGFT (Hqrs) and not under the Advance Licence and other Export Promotion Scheme. Also the import of these chemicals is allowed freely, except from the 25 countries given at Annexure ‘C’ of this Circular.
Circular No. 4 of 2005-Income Tax Finance Act, 2003 amended section 206 of the Income-tax Act, 1961 to provide for mandatory filing of returns of tax deduction at source in computer media by principal officers of companies responsible for deducting tax in accordance with a scheme to be notified by the Board in the Official Gazette. The “Electronic Filing of Returns of Tax Deducted at Source Scheme, 2003” was notified vide S.O. No. 974(E), dated 26-8-2003. Suitable amendments were made in the various rules and forms
this notification will not apply in relation to any income being profits and gains of business, unless the business is incidental to the attainment of the objectives of the assessee and separate books of accounts are maintained in respect of such business
the assessee will not invest or deposit its fund {other than voluntary contributions received and maintained in the form of jewellery, furniture etc.) for any period during the previous years relevant to the assessment years mentioned above other wise than in any one or more of the forms or modes specified in sub-section (5) of Section 11
this notification will not apply in relation to any income being profits and gains of business, unless the business is incidental to the attainment of the objectives of the assessee and separate books of accounts are maintained in respect of such business
the assessee will not invest or deposit its fund (other than voluntary contributions received and maintained in the form of jewellery, furniture etc.) for any period during the previous years relevant to the assessment years mentioned above other wise than in any one or more of the forms or modes specified in sub-section (5) of Section 11
