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Start Free TrialFinance (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.....
View Complete Act List Judgments citing this sectionFinance (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.....
View Complete Act List Judgments citing this sectionThe Tripura Value Added Tax Act, 2004 Complete Act
State: Tripura
Year: 2004
.....73 87. Power to Make Rule 73 Chapter "XIV (TRANSITION, REPEAL AND SAVINGS) 88. Transition 74 89. Repeal and Savings 77 THE TRIPURA VALUE ADDED TAX ACT, 2004 An Act to provide for the levy and collection of Value Added Tax at different points of sale in the State of Tripura. Be it enacted by the Tripura Legislative Assembly in the fifty fifth year of the republic of India as follows:- Chapter- I PRELIMINARY 1. Short Title, Extent and Commencement - (1) This Act may be called the Tripura Value Added Tax Act, 2004. (2) It extends to the whole of the State of Tripura. (3) It shall come into force on such date as the State Government may, by notification in Official Gazette, appoint. 2. Definitions - In this Act, unless the context otherwise specifies, (1) ˜Act' means the Tripura Value Added Tax Act, 2004. (2) "Assessee" means any person by whom tax or any other sum of money is payable under this Act and includes every person in respect of whom any proceeding under this Act has been taken for the assessment of tax payable by him; (3) 'Assessing Authority' means an officer of the Finance (Excise & Taxation) Department, authorised to make any assessment under the Act. (4).....
List Judgments citing this sectionFinance (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.....
List Judgments citing this sectionFinance (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.....
View Complete Act List Judgments citing this sectionFinance (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).
View Complete Act List Judgments citing this sectionFinance (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).
View Complete Act List Judgments citing this sectionThe Chhattisgarh Excise (Amendment) Act, 2004 Complete Act
State: Chattisgarh
Year: 2004
.....Section 28 of the Chhattisgarh Excise Act, 1915 (No. II of 1915) (hereinafter referred to as the Principal Act), the following new section shall be inserted, namely :-- "28-A. Payment of Supervision Charges -- The State Government may be general or special order in writing direct that the manufacture, import, export, transport, storage, sale, purchase use, collection or cultivation of any intoxicant, denatured spirituous preparations or hemp shall be under the supervision of such Excise staff as the Excise Commissioner may deem proper to appoint in this behalf and that the person manufacturing, importing, exporting, transporting, storing, selling, purchasing, using, collection or cultivating the intoxicant or denatured spirituous preparations shall pay to the State Government towards supervision charges as Levy as may be imposed by the State Government in this behalf. Provided that the State Government may exempt any class of person or any institution from paying the whole or any part of such Levy." Chhatisgarh State Acts
List Judgments citing this sectionCentral 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.....
View Complete Act List Judgments citing this sectionCentral 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.....
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