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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.....

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Central Excise Tariff (Amendment) Act, 2004 Chapter LXXXVII

Title: Vehicles Other Than Railway or Tramway Rolling-stock, and Parts and Accessories Thereof

State: Central

Year: 2004

.....building a body or fabrication or mounting or fitting of structures or equipment on the chassis falling under heading 8706 shall amount to 'manufacture' of a motor vehicle. 6. For the purposes of this Chapter, "station wagons" means vehicles which may be used, without structural alteration, for the transportation of both persons and goods. Tariff Item Description of goods Unit Rate of duty (1) (2) (3) (4) 8701 TRACTORS (OTHER THAN TRACTORS OF HEADING 8709) 8701 10 00 - Pedestrian controlled tractors U 16% 8701 20 - Road tractors for semi-trailers: 8701 20 10 --- Of engine capacity not exceeding 1,800 cc U 16% 8701 20 90 --- Other U 16% 8701 30 - Track-laying tractors: -- Garden tractors: 8701 30 11 ---- Of engine capacity not exceeding 1,800 cc U 16% 8701 30 19 -- Other U 16% --- Other: 8701 30 91 ---- Of engine capacity not exceeding 1,800 cc U 16% .....

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Finance (No. 2) Act, 2004 Section 101

Title: Recognised Stock Exchange to Furnish Prescribed Return

State: Central

Year: 2004

.....being sale of units to such Mutual Fund during such financial year. (2) Where any assessee fails to furnish the return under sub-section (1) within the prescribed time, the Assessing Officer may issue a notice to such assessee and serve it upon him, requiring him to furnish the return in the prescribed form and verified in the prescribed manner setting forth such particulars within such time as may be prescribed. (3) Any assessee who has not furnished the return within the time allowed under subsection (1) or sub-section (2), or having furnished a return under sub-section (1) or subsection (2), discovers any omission or wrong statement therein, may furnish a return or a revised return, as the case may be, at any time before the assessment is made.

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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 XLIX

Title: Printed Books, Newspapers, Pictures and Other Products of the Printing Industry; Manuscripts, Typescripts and Plans

State: Central

Year: 2004

.....item 4907 00 30, "Information Technology software" means any representation of instructions, data, sound or image, including source code and object code, recorded in a machine readable form, and capable of being manipulated or providing interactivity to a user, by means of an automatic data processing machine. Tariff Item Description of goods Unit Rate of duty (1) (2) (3) (4) 4901 PRINTED BOOKS, BROCHURES, LEAFLETS AND SIMILAR PRINTED MATTER, WHETHER OR NOT IN SINGLE SHEETS 4901 10 - In single sheets, whether or not folded: 4901 10 10 --- Printed books kg. Nil 4901 10 20 --- Pamphlets, booklets, brochures, leaflets and similar printed matter kg. Nil - Other: 4901 91 00 Dictionaries and encyclopaedias, and serial instalments thereof kg. Nil 4901 99 00 -- Other kg. Nil 4902 NEWSPAPERS, JOURNALS AND PERIODICALS, WHETHER OR NOT ILLUSTRATED OR CONTAINING ADVERTISING MATERIAL 4902 10 Appearing at least four times a week: .....

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Securities Laws (Amendment) Act, 2004 Chapter II

Title: Amendments to the Securities Contracts (Regulation) Act, 1956

State: Central

Year: 2004

In Section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956) (hereafter in this Chapter referred to as the principal Act),- (i) clause (aa) shall be re-lettered as clause (ac) thereof and before the clause (ac) as so re-lettered, the following clauses shall be inserted, namely:- '(aa) "corporatisation" means the succession of a recognised stock exchange, being a body of individuals or a society registered under the Societies Registration Act, 1860 (21 of 1860), by another stock exchange, being a company incorporated for the purpose of assisting, regulating or controlling the business of buying, selling or dealing in securities carried on by such individuals or society; (ab) "demutualisation" means the segregation of ownership and management from the trading rights of the members of a recognised stock exchange in accordance with a scheme approved by the Securities and Exchange Board of India; (ii) clause (ga) shall be re-lettered as clause (gb) thereof and before the clause (gb) as so re-lettered, the following clause shall be inserted, namely:- '(ga) "scheme" means a scheme for corporatisation or demutualisation of a recognised stock exchange which may.....

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Securities Laws (Amendment) Act, 2004 Section 3

Title: Insertion of New Sections 4a and 4b

State: Central

Year: 2004

.....of 1956), or any other law for the time being in force, have full effect. (8) Every recognised stock exchange, in respect of which the scheme for corporatisation or demutualisation has been approved under sub-Section (2), shall, either by fresh issue of equity shares to the public or in any other manner as may be specified by the regulations made by the Securities and Exchange Board of India, ensure that at least fifty-one per cent. of its equity share capital is held, within twelve months from the date of publication of the order under sub-Section (7), by the public other than shareholders having trading rights: Provided that the Securities and Exchange Board of India may, on sufficient cause being shown to it and in the public interest, extend the said period by another twelve months.'.

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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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Finance (No. 2) Act, 2004 Chapter 7

Title: Securities Transaction Tax

State: Central

Year: 2004

.....Boards of Revenue Act, 1963(54 of 1963); (4) "derivative" has the meaning assigned to it in clause (aa) of section 2 of the Securities Contracts (Regulation) Act, 1956(42 of 1956); (5) "equity oriented fund" means a fund-- (i) where the investible funds are invested by way of equity shares in domestic companies to the extent of more than 1 [sixty-five per cent]. of the total proceeds of such fund; and (ii) which has been set up under a scheme of a Mutual Fund: Provided that the percentage of equity share holding of the fund shall be computed with reference to the annual average of the monthly averages of the opening and closing figures; (6) "Mutual Fund" means a Mutual Fund specified under clause (23D) of section 10 of the Income-tax Act, 1961(43 of 1961); (7) "option in securities" has the meaning assigned to it in clause (d) of section 2 of the Securities Contracts (Regulation) Act, 1956(42 of 1956); (8) "option premium" means the premium payable by the purchaser of an "option in securities" at the time of such purchase; (9) "prescribed" means prescribed by rules made by the Board under this Chapter; (10) "recognised stock exchange" shall have the.....

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Securities Laws (Amendment) Act, 2004 Section 11

Title: Insertion of New Sections 23a to 23o

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. 23J. Factors to be taken into account by the adjudicating officer.-- While adjudging the quantum of penalty under Section 23-I, 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. 23K. Crediting sum realised by way of penalties to Consolidated Fund of India.-- All sums realised by way of penalties.....

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