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Finance 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.....

Finance Act 2005 Chapter 4

Title: Indirect Taxes

State: Central

Year: 2005

.....produced or manufactured in India" means the excise duty for the time being in force which would be leviable on a like article if produced or manufactured in India or, if a like article is not so produced or manufactured, which would be leviable on the class or description of articles to which the imported article belongs, and where such duty is leviable at different rates, the highest duty. (2) For the purpose of calculating under sub-sections (1) and (3), the additional duty on any imported article, where such duty is leviable at any percentage of its value, the value of the imported article shall, notwithstanding anything contained in section 14 of the Customs Act, 1962(52 of 1962), be the aggregate of-- (i) the value of the imported article determined under sub-section (1) of section 14 or the tariff value of such article fixed under sub-section (2) of that section, as the case may be; and (ii) any duty of customs chargeable on that article under section 12 of the Customs Act, 1962(52 of 1962), and any sum chargeable on that article under any law for the time being in force as an addition to, and in the same manner as, a duty of customs, but does not include-- (a).....

Finance Act 2005 Section 65

Title: Amendment of Section 28e

State: Central

Year: 2005

In section 28E of the Customs Act, 1962(52 of 1962) (hereinafter referred to as the Customs Act),-- (a) for clause (c), the following clause shall be substituted, namely:-- '(c) "applicant" means-- (i) (a) a non-resident setting up a joint venture in India in collaboration with a non-resident or a resident; or (b) a resident setting up a joint venture in India in collaboration with a non-resident; or (c) a wholly owned subsidiary Indian company, of which the holding company is a foreign company, who or which, as the case may be, proposes to undertake any business activity in India; (ii) a joint venture in India; or (iii) a resident falling within any such class or category of persons, as the Central Government may, by notification in the Official Gazette, specify in this behalf, and which or who, as the case may be, makes application for advance ruling under sub-section (1) of section 28H;'; (b) in clause (e), for the words "Authority for Advance Rulings", the words and brackets "Authority for Advance Rulings (Central Excise, Customs and Service Tax)" shall be substituted.

Finance Act 2005 Section 76

Title: Amendment of Section 23a

State: Central

Year: 2005

In section 23A of the Central Excise Act,-- (a) for clause (c), the following clause shall be substituted, namely:-- '(c) "applicant" means-- (i) (a) a non-resident setting up a joint venture in India in collaboration with a non-resident or a resident; or (b) a resident setting up a joint venture in India in collaboration with a non-resident; or (c) a wholly owned subsidiary Indian company, of which the holding company is a foreign company, who or which, as the case may be, proposes to undertake any business activity in India; (ii) a joint venture in India; or (iii) a resident falling within any such class or category of persons, as the Central Government may, by notification in the Official Gazette, specify in this behalf, and which or who, as the case may be, makes application for advance ruling under sub-section(1) of section 23C;'; (b) in clause (e), for the words "Authority for Advance Rulings", the words and brackets "Authority for Advance Rulings (Central Excise, Customs and Service Tax)" shall be substituted.

Finance Act 2005 Chapter 5

Title: Service Tax

State: Central

Year: 2005

.....sub-section (1) as so numbered, the following sub-section shall be inserted, namely:-- "(2) The person or class of persons notified under sub-section (2) of section 69, shall furnish to the Superintendent of the Central Excise, a return in such form and in such manner and at such frequency as may be prescribed."; (f) in section 73, for the words "Assistant Commissioner of Central Excise or, as the case may be, the Deputy Commissioner of Central Excise", wherever they occur, the words "Central Excise Officer" shall be substituted; (g) in section 74, for the words "Assistant Commissioner of Central Excise or, as the case may be, the Deputy Commissioner of Central Excise", wherever they occur, the words "Central Excise Officer" shall be substituted; (h) in section 78, in the first proviso, for the words "Assistant Commissioner of Central Excise or, as the case may be, the Deputy Commissioner of Central Excise", the words "Central Excise Officer" shall be substituted; (i) in section 83, for the figures and letter "15, 35F,", the figures and letters "15, 33A, 35F" shall be substituted; (j) after section 83, the following section shall be inserted, namely:-- '83A......

Finance Act 2005 Section 88

Title: Amendment of Act 32 of 1994

State: Central

Year: 2005

.....sub-section (1) as so numbered, the following sub-section shall be inserted, namely:-- "(2) The person or class of persons notified under sub-section (2) of section 69, shall furnish to the Superintendent of the Central Excise, a return in such form and in such manner and at such frequency as may be prescribed."; (f) in section 73, for the words "Assistant Commissioner of Central Excise or, as the case may be, the Deputy Commissioner of Central Excise", wherever they occur, the words "Central Excise Officer" shall be substituted; (g) in section 74, for the words "Assistant Commissioner of Central Excise or, as the case may be, the Deputy Commissioner of Central Excise", wherever they occur, the words "Central Excise Officer" shall be substituted; (h) in section 78, in the first proviso, for the words "Assistant Commissioner of Central Excise or, as the case may be, the Deputy Commissioner of Central Excise", the words "Central Excise Officer" shall be substituted; (i) in section 83, for the figures and letter "15, 35F,", the figures and letters "15, 33A, 35F" shall be substituted; (j) after section 83, the following section shall be inserted, namely:-- '83A......

Credit Information Companies (Regulation) Act, 2005 Chapter I

Title: Preliminary

State: Central

Year: 2005

.....means a company formed and registered under the Companies Act, 1956(1 of 1956) and which has been granted a certificate of registration under sub-section (2) of section 5; (f) "credit institution" means a banking company and includes-- (i) a corresponding new bank, the State Bank of India, a subsidiary bank, a co-operative bank, the National Bank and regional rural bank; (ii) a non-banking financial company as defined under clause (f) of section 45-I of the Reserve Bank of India Act, 1934(2 of 1934); (iii) a public financial institution referred to in section 4A of the Companies Act, 1956(1 of 1956); (iv) the financial corporation established by a State under section 3 of the State Financial Corporation Act, 1951(63 of 1951); (v) the housing finance institution referred to in clause (d) of section 2 of the National Housing Bank Act, 1987(53 of 1987); (vi) the companies engaged in the business of credit cards and other similar cards and companies dealing with distribution of credit in any other manner; (vii) any other institution which the Reserve Bank may specify, from time to time, for the purposes of this clause; (g) "credit scoring" means a system which.....

Credit Information Companies (Regulation) Act, 2005 Section 2

Title: Definitions

State: Central

Year: 2005

.....means a company formed and registered under the Companies Act, 1956(1 of 1956) and which has been granted a certificate of registration under sub-section (2) of section 5; (f) "credit institution" means a banking company and includes-- (i) a corresponding new bank, the State Bank of India, a subsidiary bank, a co-operative bank, the National Bank and regional rural bank; (ii) a non-banking financial company as defined under clause (f) of section 45-I of the Reserve Bank of India Act, 1934(2 of 1934); (iii) a public financial institution referred to in section 4A of the Companies Act, 1956(1 of 1956); (iv) the financial corporation established by a State under section 3 of the State Financial Corporation Act, 1951(63 of 1951); (v) the housing finance institution referred to in clause (d) of section 2 of the National Housing Bank Act, 1987(53 of 1987); (vi) the companies engaged in the business of credit cards and other similar cards and companies dealing with distribution of credit in any other manner; (vii) any other institution which the Reserve Bank may specify, from time to time, for the purposes of this clause; (g) "credit scoring" means a system which.....

Credit Information Companies (Regulation) Act, 2005 Complete Act

State: Central

Year: 2005

.....in any other form or manner; (B) who has raised or seeks to raise money by issue of security as defined in clause (h) of (S.2 of the Securities Contracts (Regulation) Act, 1956) (42 of 1956) or by issue of commercial paper, depository receipt or any other instrument; (C) whose financial standing has been assessed or is proposed to be assessed by a credit institution or any other person or institution as may, by notification, be directed by the Reserve Bank; (d) "credit information" means any information relating to (i) the amounts and the nature of loans or advances, amounts outstanding under credit cards and other credit facilities granted or to be granted, by a credit institution to any borrower; (ii) the nature of security taken or proposed to be taken by a credit institution from any borrower for credit facilities granted or proposed to be granted to him; (iii) the guarantee furnished or any other non-fund based facility granted or proposed to be granted by a credit institution for any of its borrowers; (iv) the credit worthiness of any borrower of a credit institution; (v) any other manner which the Reserve Bank may, consider necessary for inclusion in the credit information.....