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Central Excise Tariff (Amendment) Act, 2004 Chapter XXXIV

Title: Soap, Organic Surface-active Agents, Washing Preparations, Lubricating Preparations, Artificial Waxes, Prepared Waxes, Polishing or Scouring Preparations, Candles and Similar Articles, Modelling Pastes, Dental Waxes and Dental Preparations with a Basis of Plaster

State: Central

Year: 2004

.....from bulk packs to retail packs or the adoption of any other treatment to render the product marketable to the consumer, shall amount to 'manufacture'. Tariff Item Description of goods Unit Rate of duty (1) (2) (3) (4) 3401 SOAP; ORGANIC SURFACE-ACTIVE PRODUCTS AND PREPARATIONS FOR USE AS SOAP, IN THE FORM OF BARS, CAKES, MOULDED PIECES OR SHAPES, WHETHER OR NOT CONTAINING SOAP; ORGANIC SURFACE-ACTIVE PRODUCTS AND PREPARATIONS FOR WASHING THE SKIN, IN THE FORM OF LIQUID OR CREAM AND PUT UP FOR RETAIL SALE, WHETHER OR NOT CONTAINING SOAP; PAPER, WADDING, FELT AND NONWOVENS, IMPREGNATED, COATED OR COVERED WITH SOAP OR DETERGENT - Soap and organic surface-active products and preparations, in the form of bars, cakes, moulded pieces or shapes, and paper, wadding, felt and nonwovens, impregnated, coated or covered with soap or detergent: 3401 11 -- For toilet use (including medicated products): 3401 11 10 --- Medicated toilet soaps kg. .....

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The 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).....

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The Mizoram (Taxes on Land, Buildings and Assessment of Revenue) Act, 2004 Complete Act

State: Mizoram

Year: 2004

.....this Act;. (d) "competent authority", means any officer appointed or designated by the Government for any purposes under the provisions of this Act; (e) "farm" means a tract of land forming a single property and devoted to the cultivation of land and growing of agricultural and horticultural crops including trees & bambooes, raising livestock or beastor aquatic animal and production of dairies and allied activities; (f) "Government" means the Government of Mizoram; (g) "land" means all lands either vacant or occupied. It shall also include benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth or other defined portions thereof, but shall exclude minerals, mineral oil, natural gas and petroleum; (h) "mutation" means the process of change or alteration or substitution of the name of the previous land owner into the name of the new land owner; (i) "non-agricultural land" means land other than the land used exclusively for the purpose of agriculture; (j) "official Gazette" means the Mizoram Government Gazette; (k) "owner" means and includes any person for the time being receiving or entitled to.....

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The Meghalaya Foodgrains [Public Distribution System] Control Order, 2004 Complete Act

State: Meghalaya

Year: 2004

.....Compliance with order and direction:- Every Nominee / Agent to whom any order or direction is issued under any Powers conferred by or under this Order shall comply with such Orders or direction. 13. Suspension or cancellation of appointment:- If any Nominee / Agent either by himself or through his Agent or Servant acting on his behalf contravenes any of the Provisions of this Order or any of the terms and conditions of the appointment then, without prejudice to any other action that may be taken against him, the authority issuing the appointment may, after giving him an opportunity of hearing and representing his case, suspend or cancel the appointment. A copy of the Order suspending or cancelling the appointment shall also be furnished to the Nominee / Agent. 14. Disposal of stocks in certain cases:- Where the appointment is suspended or cancelled under Clause " 13, the Appointing Authority may by order direct the Person who appointment is suspended or cancelled to dispose of the stock of Foodgrains with him in such manner and within such time as may be specified in the Order. 15. Returns by Nominees / Agent:- Every Nominee / Agent shall submit to the Appointing.....

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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.....

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Finance (No. 2) Act, 2004 Chapter 3

Title: Direct Taxes

State: Central

Year: 2004

.....interest, commission or brokerage, fees forprofessional services or fees for technical services payable to a resident, oramounts payable to a contractor or subcontractor,being resident, for carrying out any work (including supply of labour forcarrying out any work), on which tax is deductible at source under ChapterXVII_B and such tax has not beendeducted or, after deduction, has not been paid during the previous year, or inthe subsequent year before theexpiry of the time prescribed under sub-section(1) of section 200; Provided that where in respect of any such sum, tax has been deductedin any subsequent year or, has been deducted in theprevious year but paid in anysubsequent year after the expiryof the time prescribed under sub-section (1) of section 200, such sum shall be allowed as a deduction in computing the income of the previousyear in which such tax has been paid. Explanation.--for the purposes of this sub-clause,-- (i) "commission or brokerage" shall have the same meaning as in clause (i) ofthe Explanation to section 194H; (ii) "fees for technical services" shall have the same meaning as in Explanation 2toclause (vii) of sub-section (1) ofsection 9; (iii).....

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Finance (No. 2) Act, 2004 Section 30

Title: Insertion of New Chapter Xii-g

State: Central

Year: 2004

.....excess shall not form part of the relevant shipping income for the purposes of this Chapter and shall be taxable under the other provisions of this Act. (2) The core activities of a tonnage tax company shall be-- (i) its activities from operating qualifying ships; and (ii) other ship-related activities mentioned as under:-- (A) shipping contracts in respect of-- (i) earning from pooling arrangements; (ii) contracts of affreightment. Explanation.--for the purposes of this sub-clause,-- (a) "pooling arrangement" means an agreement between two or more persons for providing services through a pool or operating one or more ships and sharing earnings or operating profits on the basis of mutually agreed terms; (b) "contract of affreightment" means a service contract under which a tonnage tax company agrees to transport a specified quantify of specified products at a specified rate, between designated loading and discharging ports over a specified period; (B) specific shipping trades, being-- (i) on-board or on-shore activities of passenger ships comprising of fares and food and beverages consumed on board; (ii) slot charters, space charters, joint charters,.....

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Central Excise Tariff (Amendment) Act, 2004 Chapter LXXXV

Title: Electrical Machinery and Equipment and Parts Thereof; Sound Recorders and Reproducers, Television Image and Sound Recorders and Reproducers, and Parts and Accessories of Such Articles

State: Central

Year: 2004

.....circuits may also include discrete components; (c) micro-assemblies of the moulded module, micromodule or similar types, consisting of discrete, active or both active and passive, components which are combined and interconnected. For the classification of the articles defined in this Note, headings 8541 and 8542 shall take precedence over any other heading in this Schedule which might cover them by reference to, in particular, their function. 6. Records, tapes and other media of heading 8523 or 8524 remain classified in those headings, when they are presented with the apparatus for which they are intended. This Note does not apply to such media when they are presented with articles other than the apparatus for which they are intended. 7. For the purposes of heading 8548, "spent primary cells, spent primary batteries and spent electric accumulators" are those which are neither usable as such because of breakage, cutting-up, wear or other reasons, nor capable of being recharged. 8. For the purposes of heading 8524 "recording" of sound or other phenomena shall amount to manufacture. SUB-HEADING NOTES 1. Sub-headings 8519 92 and 8527 12 cover only cassette-players.....

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Central Excise Tariff (Amendment) Act, 2004 Chapter XXXVII

Title: Photographic or Cinematographic Goods

State: Central

Year: 2004

.....falling under headings 3701,3702 and 3703, the process of cutting, slitting, perforation or any one or more of these processes shall amount to 'manufacture'. SUPPLEMENTARY NOTE In this Chapter, the term "Central Board of Film Certification" means the authority established under law in India for the purpose of certifying the films. Tariff Item Description of goods Unit Rate of duty (1) (2) (3) (4) 3701 PHOTOGRAPHIC PLATES AND FILM IN THE FLAT, SENSITISED, UNEXPOSED, OF ANY MATERIAL OTHER THAN PAPER, PAPERBOARD OR TEXTILES; INSTANT PRINT-FILM IN THE FLAT, SENSITISED, UNEXPOSED, WHETHER OR NOT IN PACKS 3701 10 - For X-ray: 3701 10 10 --- Medical m2 16% 3701 10 90 --- Other m2 16% 3701 20 00 - Instant print film kg. 16% 3701 30 00 - Other plates and film, with any side exceeding 255 mm m2 16% .....

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Securities Laws (Amendment) Act, 2004 Section 17

Title: Insertion of New Sections 19a, 19b, 19c, 19d, 19e, 19f, 19g, 19h, 19-i and 19j

State: Central

Year: 2004

..... (2) While holding an inquiry, the adjudicating officer shall have power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document, which in the opinion of the adjudicating officer, may be useful for or relevant to the subject-matter of the inquiry and if, on such inquiry, he is satisfied that the person has failed to comply with the provisions of any of the Sections specified in sub-Section (1), he may impose such penalty as he thinks fit in accordance with the provisions of any of those Sections. 19-I. Factors to be taken into account by adjudicating officer.-- While adjudging the quantum of penalty under Section 19H, the adjudicating officer shall have due regard to the following factors, namely:- (a) the amount of disproportionate gain or unfair advantage, wherever quantifiable, made as a result of the default; (b) the amount of loss caused to an investor or group of investors as a result of the default ; (c) the repetitive nature of the default. 19J. Crediting sum realised by way of penalties to Consolidated Fund of India.-- All sums realised by way of penalties under.....

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