Bare Act Search Results

Finance (No. 2) Act, 2004 Chapter 5

Title: Service Tax

State: Central

Year: 2004

.....clause shall be inserted, namely:-- '(46a) "forwardcontract" has the meaning assigned to it in clause (c) of section 2 of theForward Contracts (Regulation) Act, 1952(74 of 1952);'; (x) after clause (50), the following clauses shall beinserted, namely:-- '(50a) "goodscarriage" has the meaning assigned to it in clause (14) of section2 of the Motor Vehicles Act, 1988(59 of 1988); (50b) "goodstransport agency" means any commercial concern which provides service inrelation to transport of goods by road and issues consignment note, by whatevername called;'; (xi)after clause (55), the following clauses shall be inserted, namely:-- '(55a) "intellectualproperty right" means any right to intangible property, namely, trademarks, designs, patents or any other similar intangible property, under any lawfor the time being in force, but does not include copyright; (55b) "intellectualproperty service" means,-- (a)transferring, whetherpermanently or otherwise; or (b)permitting the use orenjoyment of, any intellectual property right;'; (xii) after clause (75), the following clauses shall beinserted, namely:-- '(75a) "opinion poll" means any service designedto secure.....

Finance (No. 2) Act, 2004 Section 90

Title: Amendment of Act 32 of 1994

State: Central

Year: 2004

.....clause shall be inserted, namely:-- '(46a) "forwardcontract" has the meaning assigned to it in clause (c) of section 2 of theForward Contracts (Regulation) Act, 1952(74 of 1952);'; (x) after clause (50), the following clauses shall beinserted, namely:-- '(50a) "goodscarriage" has the meaning assigned to it in clause (14) of section2 of the Motor Vehicles Act, 1988(59 of 1988); (50b) "goodstransport agency" means any commercial concern which provides service inrelation to transport of goods by road and issues consignment note, by whatevername called;'; (xi)after clause (55), the following clauses shall be inserted, namely:-- '(55a) "intellectualproperty right" means any right to intangible property, namely, trademarks, designs, patents or any other similar intangible property, under any lawfor the time being in force, but does not include copyright; (55b) "intellectualproperty service" means,-- (a)transferring, whetherpermanently or otherwise; or (b)permitting the use orenjoyment of, any intellectual property right;'; (xii) after clause (75), the following clauses shall beinserted, namely:-- '(75a) "opinion poll" means any service designedto secure.....

Finance (No.2) Act, 2004 Complete Act

State: Central

Year: 2004

FINANCE (NO.2) ACT, 2004 FINANCE (NO.2) ACT, 2004 22 of 2004 PREAMBLE An Act to give effect to the financial proposals of the Central Government for the financial year 2004- BE it enacted by Parliament in the Fifty-fifth Year of the Republic of India as follows: CHAPTER 1: PRELIMINARY: SECTION : Short Title and Commencement: (1) This Act may be called the Finance (No. 2) Act, 2004. (2) Save as otherwise provided in this Act, (S.2) to (S.60) shall lie deemed to have come into force on the 1st day of April, 2004. CHAPTER 2: RATES OF INCOME-TAX: SECTION 2: Income-tax: (1) Subject to the provisions of sub-sections (2) and (3), for the assessment year commencing on the 1st day of April, 2004, income-tax shall be charged at the rates specified in Part I of the First Schedule and such tax as reduced by the rebate of income-tax calculated under Chapter VIII-A of the Income-tax Act, (43 of 1961) (hereinafter referred to as the Income-tax Act) shall be increased by a surcharge for purposes of the Union calculated in each case in the manner provided therein. (2) In the cases to which Paragraph A of Part I of the First Schedule applies, where the.....

Finance (No. 2) Act, 2004 Chapter 4

Title: Indirect Taxes

State: Central

Year: 2004

.....of them, the entry "50%" shall be substituted. Section 79 to 88 - Excise Section 79 - Amendment of Section 9A Section 9A of the Central Excise Act, 1944(1 of 1944) (hereinafter referred to as the Central Excise Act) shall be re-numbered as sub-section (1) thereof and after sub-section (1) as so renumbered, the following sub-section shall be inserted, namely:-- "(2) Any offence under this Chapter may, either before or after the institution of prosecution, be compounded by the Chief Commissioner of Central Excise on payment, by the person accused of the offence to the Central Government, of such compounding amount as may be prescribed.". Section 80 - Amendment of Section 11 In section 11 of the Central Excise Act, the following proviso shall be inserted at the end, namely:- "Provided that where the person (hereinafter referred to as predecessor) from whom the duty or any other sums of any kind, as specified in this section, is recoverable or due, transfers or otherwise disposes of his business or trade in whole or in part, or effects any change in the ownership thereof, in consequence of which he is succeeded in such business or trade by any other person, all.....

Finance (No. 2) Act, 2004 Section 74

Title: Validation of Certain Actions Taken by Central Excise Officers

State: Central

Year: 2004

.....section 4 of the Customs Act, 1962(52 of 1962), retrospectively, at all material times. (3) For the purposes of this section, the designations of the officers of customs and the Central Excise Officers as existed before the commencement of the Finance Act, 1995(22 of 1995), shall be deemed to be the corresponding substituted designations as specified in the Tables respectively below section 50 and section 70 of the said Finance Act. Explanation 1.--For the removal of doubts, it is hereby declared that no act or omission on the part of any person shall be punishable as an offence which would not have been so punishable if the said notification had not come retrospectively into force. Explanation 2.--For the purposes of this section, "hundred per cent. export-oriented undertaking" shall have the meaning assigned to it in clause (ii) of Explanation 2 to the proviso to clause (b) of section 3 of the Central Excise Act, 1944(1 of 1944).

Finance (No. 2) Act, 2004 Section 87

Title: Validation of Certain Actions Taken by Officers of Customs

State: Central

Year: 2004

.....1944(1 of 1944), retrospectively, at all material times. (3) For the purposes of this section, the designations of the officers of customs and the Central Excise Officers as existed before the commencement of the Finance Act, 1995(22 of 1995) shall be deemed to be the corresponding substituted designations as specified in the Tables respectively below section 50 and section 70 of the said Finance Act. Explanation 1.--For the removal of doubts, it is hereby declared that no act or omission on the part of any person shall be punishable as an offence which would not have been so punishable if the principal notification as amended by the first amendment and the second amendment had not come retrospectively into force. Explanation 2.--For the purposes of this section, "hundred per cent. export-oriented undertaking" shall have the meaning assigned to it in clause (ii) of Explanation 2 to the proviso to clause (b) of section 3 of the Central Excise Act, 1944(1 of 1944).

Central Excise Tariff (Amendment) Act, 2004 Chapter LXXXVI

Title: Railway or Tramway Locomotives, Rolling-stock and Parts Thereof; Railway or Tramway Track Fixtures and Fittings and Parts Thereof; Mechanical (Including Electro-mechanical) Traffic Signalling Equipment of All Kinds

State: Central

Year: 2004

.....exempts marine freight containers, falling under Chapter 86 of the Schedule to the Central Excise Tarif Act, 1985 (5 of 1986), produced or manufactured in hundred per cent Export Oriented Unit or a unit in an Export Processing Zone or a Free Trade Zone from the whole of the duty of excise leviable thereon under section 3 of the Central Excise Act, 1944 (1 of 1944), when sold in India for export: Provided that the unit and buyer of the marine freight containers executes a bond in such form and for such sum as may be specified by the Assistant Commissioner of Customs incharge of the hundred per cent Export Oriented Unit or Export Processing Zone or Free Trade Zone, binding themselves to export the said containers within six months from the date of clearance from the hundred per cent Export Oriented Unit or Export Processing Zone or Free Trade Zone and to furnish documentary evidence thereof to the satisfaction of Assistant Commissioner of Customs and to pay the duty leviable thereon in the event of the failure of the said buyer to export the said marine freight containers: Provided further that the aforesaid period of six months may, on sufficient cause being shown, be.....

Central Excise Tariff (Amendment) Act, 2004 Appendix IV

Title: List of Cesses Leviable with Rate of Duty on Agriculture & Processed Food Products & Agriculture Produce & Others and Related Acts

State: Central

Year: 2004

..... Any other article of jute manufacture Two per cent. ad valorem One per cent. ad valorem [The June Manufacture Cess (Amendment) Act, 2002 (No. 13 of 2002)] enected on 27.3.2002. CESS ON COAL In exercise of the powers conferred by sub-section (1) of Section 6 of the Coal Mines (Conservation and Development) Act, 1974 (28 of 1974) and in supersession of the notification of the Government of India in the erstwhile Ministry of Energy (Department of Coal) number S.O. 95(E), dated the 8th February, 1983 except as respects things done or omitted to be done before such supersession the Central Government hereby fixes, with effect on and from the 26th June, 2003 the rates specified in column (2) of the Table given below as the rats at which the duty of excise referred to in the said section shall be levied on coal of the description specified in column (1) of the said Table namely:- Description of coal Rate of excise duty per tonne (1) (2) Coking/non-coking coal Rs. 10.00 (Rupees ten only) [Ministry of Coal Notification S.O.727(E), dt. 25.6.2003] CESS ON TOBACCO Tobacco Board Cess under.....

Central Excise Tariff (Amendment) Act, 2004 Chapter LXXII

Title: Iron and Steel

State: Central

Year: 2004

.....II Application for permission to avail of the special procedure relating to stainless steel patties or pattas or aluminium circles. Name of the factory/factories...................Address............................. I/We.....................manufacturers of stainless steel patties or pattas/ aluminium circles, residing at..............taluk/tehsil...........district........and holders of Central Excise Registration No.....................dated .........................hereby apply to avail myself/ourselves during the.............calendar month/the period beginning with.........20..........and ending with...........20.............of the special procedure in respect of the production or transactions in such stainless steel patties or pattas or aluminium circles at my/our above mentioned factory/factories. 2. I/We hereby agree to abide by the terms and conditions of the said procedure throughout the said period. Place: Date: Signature of manufacturers or his/their authorized agent(s). Countersigned Superintendent of Central Excise........................ Range.......... Circle........... Place: Date: Permission granted for Calendar month........./the.....

Central Excise Tariff (Amendment) Act, 2004 Chapter XXXVIII

Title: Miscellaneous Chemical Products

State: Central

Year: 2004

.....26 (heading 2620); (d) medicaments (Heading 3003 or 3004); (e) spent catalysts of a kind used for the extraction of base metals or for the manufacture of chemical compounds of base metals (heading 2620), spent catalysts of a kind used principally for the recovery of precious metal (heading 7112) or catalysts consisting of metals or metal alloys in the form of, for example, finely divided powder or woven gauze (Section XIV or XV). 2. (A) For the purpose of heading 3822, the expression "certified reference materials" means reference materials which are accompanied by a certificate which indicates the values of the certified properties, the methods used to determine these values and the degree of certainty associated with each value and which are suitable for analytical, calibrating or referencing purposes. (B) With the exception of the products of Chapter 28 or 29, for the classification of certified reference materials, heading 3822 shall take precedence over any other heading in the Schedule. 3. Heading 3824 includes the following goods which are not to be classified in any other heading of this Schedule: (a) cultured crystals (other than optical elements) weighing.....