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Start Free TrialFinance Act 2005 Chapter 3
Title: Direct Taxes
State: Central
Year: 2005
.....namely:- "(d) an eligible transaction in respect of trading in derivatives referred to in clause (aa) of section 2 of the Securities Contracts (Regulation) Act, 1956(42 of 1956) carried out in a recognised stock exchange;"; (B) after the proviso, the following Explanation shall be inserted, namely:- 'Explanation.-For the purposes of this clause, the expressions-- (i) "eligible transaction" means any transaction,- (A) carried out electronically on screen-based systems through a stock broker or sub-broker or such other intermediary registered under section 12 of the Securities and Exchange Board of India Act, 1992(15 of 1992) in accordance with the provisions of the Securities Contracts (Regulation) Act, 1956(42 of 1956) or the Securities and Exchange Board of India Act, 1992 or the Depositories Act, 1996(22 of 1996) and the rules, regulations or bye-laws made or directions issued under those Acts or by banks or mutual funds on a recognised stock exchange; and (B) which is supported by a time stamped contract note issued by such stock broker or sub-broker or such other intermediary to every client indicating in the contract note the unique client identity.....
View Complete Act List Judgments citing this sectionFinance Act, 2005 Complete Act
State: Central
Year: 2005
FINANCE ACT, 2005 FINANCE ACT, 2005 18 of 2005 CHAPTER 1: PRELIMINARY: Section 1: Short title and commencement: (1) This Act may be called the Finance Act, 2005. (2) Save as otherwise provided in this Act, Sections 2 to 64 shall be deemed to have come into force on the 1st day of April, 2005. 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, 2005, income tax shall be charged at the rates special in Part I of the First Schedule and such tax as reduced by the debate of income tax calculated under Chapter VIII-A of the Income Tax Act, 1961 (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 assessee has, in the previous year, any net agricultural income exceeding five thousand rupees, in addition to total income, and the total income exceeds fifty thousand rupees, then, (a) the net agricultural income shall be taken into.....
List Judgments citing this sectionPatents (Amendment) Act, 2005 Section 54
Title: Insertion of New Section 92a
State: Central
Year: 2005
.....licence for export of patented pharmaceutical products in certain exceptional circumstances.-- (1) Compulsory licence shall be available for manufacture and export of patented pharmaceutical products to any country having insufficient or no manufacturing capacity in the pharmaceutical sector for the concerned product to address public health problems, provided compulsory licence has been granted by such country. (2) The Controller shall, on receipt of an application in the prescribed manner, grant a compulsory licence solely for manufacture and export of the concerned pharmaceutical product to such country under such terms and conditions as may be specified and published by him. (3) The provisions of sub-sections (1) and (2) shall be without prejudice to the extent to which pharmaceutical products produced under a compulsory license can be exported under any other provision of this Act. Explanation.-For the purposes of this section, 'pharmaceutical products' means any patented product, or product manufactured through a patented process, of the pharmaceutical sector needed to address public health problems and shall be inclusive of ingredients necessary for their.....
View Complete Act List Judgments citing this sectionFinance Act 2005 Section 12
Title: Amendment of Section 36
State: Central
Year: 2005
In section 36 of the Income-tax Act, in sub-section (1), with effect from the 1st day of April, 2006,-- (a) after clause (iii), the following shall be inserted, namely:-- '(iiia) the pro rata amount of discount on a zero coupon bond having regard to the period of life of such bond calculated in the manner as may be prescribed. Explanation.--For the purposes of this clause, the expressions-- (i) "discount" means the difference between the amount received or receivable by the infrastructure capital company or infrastructure capital fund or public sector company issuing the bond and the amount payable by such company or fund or public sector company on maturity or redemption of such bond; (ii) "period of life of the bond" means the period commencing from the date of issue of the bond and ending on the date of the maturity or redemption of such bond; (iii) "infrastructure capital company" and "infrastructure capital fund" shall have the same meanings respectively assigned to them in clauses (a) and (b) of Explanation 1 to clause (23G) of section 10;'; (b) after clause (xii), the following shall be inserted, namely:-- '(xiii) any amount of banking cash transaction tax.....
View Complete Act List Judgments citing this sectionFinance Act 2005 Section 48
Title: Amendment of Section 194a
State: Central
Year: 2005
In section 194A of the Income-tax Act, in sub-section (3), with effect from 1st day of June, 2005,-- (i) after clause (ix), the following clause shall be inserted, namely:- "(x) to such income which is paid or payable by an infrastructure capital company or infrastructure capital fund or a public sector company in relation to a zero coupon bond issued on or after the 1st day of June, 2005 by such company or fund or public sector company;"; (ii) for the Explanation, the following Explanations shall be substituted, namely:- "Explanation 1.--For the purposes of clauses (i), (vii) and (viia), "time deposits" means deposits (excluding recurring deposits) repayable on the expiry of fixed periods. Explanation 2.--For the purposes of clause (x), "infrastructure capital company" and "infrastructure capital fund" shall have the meanings respectively assigned to them in clauses (a) and (b) of Explanation 1 to clause (23G) of section 10.".
View Complete Act List Judgments citing this sectionFinance Act 2005 Section 3
Title: Amendment of Section 2
State: Central
Year: 2005
..... (b) after clause (23A), the following clause shall be inserted, namely:- '(23B) "fringe benefits" means any fringe benefits referred to in section 115WB;'; (c) in clause (42A), in the proviso, after the words, brackets, figures and letter "clause (23D) of section 10", the words "or a zero coupon bond" shall be inserted; (d) in clause (43), after the words "the aforesaid date", the words, figures and letters "and in relation to the assessment year commencing on the 1st day of April, 2006, and any subsequent assessment year includes the fringe benefit tax payable under section 115WA" shall be inserted; (e) in clause (47), after sub-clause (iv), the following sub-clause shall be inserted, namely:- "(iva) the maturity or redemption of a zero coupon bond; or"; (f) after clause (47) and the Explanation relating thereto, the following shall be inserted, namely:- '(48) "zero coupon bond" means a bond- (a) issued by any infrastructure capital company or infrastructure capital fund or public sector company on or after the 1st day of June, 2005; (b) in respect of which no payment and benefit is received or receivable before maturity or redemption from.....
View Complete Act List Judgments citing this sectionInsurance Regulatory and Development Authority (Microinsurance) Regulation, 2005 Complete Act
State: Central
Year: 2005
.....Authority Act, 1999 (41 of 1999) or in any Rules or Regulations made there under shall have the meanings respectively assigned to them in those Acts or Rules or Regulations. Regulation 3 Tie-up between life insurer and non-life insurer (1) An insurer carrying on life insurance business may offer life micro-insurance products as also general micro-insurance products, as provided herein. Provided that where an insurer carrying on life insurance business offers any general micro-insurance product, he shall have a tie-up with an insurer carrying on general insurance business for this purpose, and subject to the provisions of Sec. 64-VB of the Act, the premium attributable to the general micro insurance product may be collected from the prospect (proposer) by the insurer carrying on life insurance business, either directly or through any of the distributing entities of micro-insurance products as specified in Regulation 4, and made over to the insurer carrying on life insurance business. Provided further that in the event of any claim in regard to general micro-insurance products, the insurer carrying on life insurance business or the distributing entities of micro-insurance.....
List Judgments citing this sectionFinance Act 2005 Section 21
Title: Insertion of New Section 80c
State: Central
Year: 2005
.....finance for construction or purchase of houses in India for residential purposes which is eligible for deduction under clause (viii) of sub-section (1) of section 36, or (6) any company in which the public are substantially interested or any co-operative society, where such company or co-operative society is engaged in the business of financing the construction of houses, or (7) the assessee's employer where such employer is an authority or a board or a corporation or any other body established or constituted under a Central or State Act, or (8) the assessee's employer where such employer is a public company or a public sector company or a university established by law or a college affiliated to such university or a local authority or a co-operative society; or (d) stamp duty, registration fee and other expenses for the purpose of transfer of such house property to the assessee, but shall not include any payment towards or by way of-- (A) the admission fee, cost of share and initial deposit which a shareholder of a company or a member of a co-operative society has to pay for becoming such shareholder or member; or (B) the cost of any addition or alteration.....
View Complete Act List Judgments citing this sectionTaxation Laws (Amendment) Act, 2005 Section 5
Title: Amendment of Section 80-ia
State: Central
Year: 2005
In section 80-IA of the Income-tax Act, in sub-section (4), after clause (iv), the following clause shall be inserted with effect from the 1st day of April, 2006, namely:-- "(v) an undertaking owned by an Indian company and set up for reconstruction or revival of a power generating plant, if-- (a) such Indian company is formed before the 30th day of November, 2005 with majority equity participation by public sector companies for the purposes of enforcing the security interest of the lenders to the company owning the power generating plant and such Indian company is notified before the 31st day of December, 2005 by the Central Government for the purposes of this clause; (b) such undertaking begins to generate or transmit or distribute power before the 31st day of March, 2007.".
View Complete Act List Judgments citing this sectionDisaster Management Act, 2005 Chapter VII
Title: National Institute of Disaster Management
State: Central
Year: 2005
.....made may be altered or rescinded by the National Institute of Disaster Management in exercise of its powers. (8) Subject to the provisions of this Act, the National Institute of Disaster Management shall function within the broad policies and guidelines laid down by the National Authority and be responsible for planning and promoting training and research in the area of disaster management, documentation and development of national level information base relating to disaster management policies, prevention mechanisms and mitigation measures. (9) Without prejudice to the generality of the provisions contained in sub-section (8), the National Institute, for the discharge of its functions, may - (a) develop training modules, undertake research and documentation in disaster management and organise training programmes; (b) formulate and implement a comprehensive human resource development plan covering all aspects of disaster management; (c) provide assistance in national level policy formulation; (d) provide required assistance to the training and research institutes for development of training and research programmes for stakeholders including Government functionaries.....
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