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Start Free TrialFinance Act, 2003 Chapter III
Title: Direct Taxes
State: Central
Year: 2003
.....of April, 2004, namely:-- 'Explanation 2.--For the removal of doubts, it is hereby declared that "business connection" shall include any business activity carried out through a person who, acting on behalf of the non-resident,-- (a) has and habitually exercises in India, an authority to conclude contracts on behalf of the non-resident, unless his activities are limited to the purchase of goods or merchandise for the non-resident; or (b) has no such authority, but habitually maintains in India a stock of goods or merchandise from which he regularly delivers goods or merchandise on behalf of the non-resident; or (c) habitually secures orders in India, mainly or wholly for the non-resident or for that non-resident and other non-residents controlling, controlled by, or subject to the same common control, as that non-resident: Provided that such business connection shall not include any business activity carried out through a broker, general commission agent or any other agent having an independent status, if such broker, general commission agent or any other agent having an independent status is acting in the ordinary course of his business: Provided further that where.....
View Complete Act List Judgments citing this sectionFinance Act, 2003 Complete Act
State: Central
Year: 2003
FINANCE ACT, 2003 FINANCE ACT, 2003 May 14, 2003 An Act to give effect to the financial proposals of the Central Government for the financial year 2003-2004 BE it enacted by Parliament in the Fifty-fourth Year of the Republic of India as follows :- SECTION 01: SHORT TITLE AND COMMENCEMENT (1) This Act may be called the Finance Act, 2003. (2) Save as otherwise provided in this Act, sections 2 to 103 [except clause (b) of section 92] shall be deemed to have come into force on the 1st day of April, 2003. SECTION 02: INCOME TAX (1) Subject to the provisions of sub-sections (2) and (3), for the assessment year commencing on the 1st day of April, 2003, 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 underChapter VII-Aof theIncome-lax 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.....
List Judgments citing this sectionFinance Act, 2003 Section 65
Title: Insertion of New Sections 153a, 153b and 153c
State: Central
Year: 2003
.....as the case may be, shall abate. Explanation.-For the removal of doubts, it is hereby declared that,- (i) save as otherwise provided in this section, section 153B and section 153C, all other provisions of this Act shall apply to the assessment made under this section; (ii) in an assessment or reassessment made in respect of an assessment year under this section, the tax shall be chargeable at the rate or rates as applicable to such assessment year. 153B. Time-limit for completion of assessment under section 153A.-- (1) Notwithstanding anything contained in section 153, the Assessing Officer shall make an order of assessment or reassessment,-- (a) in respect of each assessment year falling within six assessment years referred to in clause (b) of section 153A, within a period of two years from the end of the financial year in which the last of the authorisations for search under section 132 or for requisition under section 132A was executed; (b) in respect of the assessment year relevant to the previous year in which search is conducted under section 132 or requisition is made under section 132A, within a period of two years from the end of the financial year in.....
View Complete Act List Judgments citing this sectionRepatriation of Prisoners Act, 2003 Complete Act
State: Central
Year: 2003
.....namely :" (a) a statement or document indicating that the prisoner is a citizen of the contracting State; (b) a copy of the relevant law of the contracting State constituting the act or omission as the offence, on account of which the sentence has been passed in India, as if such act or omission was an offence under the law of that State; (c) a statement of the fact or any law or regulation relating to the duration and enforcement of the sentence of the prisoner in the contracting State upon his transfer; (d) the willingness of the contracting State to accept the transfer of the prisoner and an undertaking to administer the remaining part of the sentence of the prisoner; (e) an undertaking to comply with the conditions, if any, specified by the Central Government; and (f) any other information or document which the Central Government may consider necessary. SECTION 07: CONSIDERATION OF REQUEST BY CENTRAL GOVERNMENT (1) If the Central Government, on receipt of a communication from the concerned contracting State," (a) expressing its willingness to accept the transfer of the prisoner; and (b) undertaking to comply with the conditions specified in the warrant, is satisfied that the.....
List Judgments citing this sectionRepatriation of Prisoners Act, 2003 Section 2
Title: Definitions
State: Central
Year: 2003
In this Act, unless the context otherwise requires,-- (a) "contracting State" means a Government of any country or place outside India in respect of which arrangement has been made by the Central Government with the Government of such country or place through a treaty or otherwise for transfer of prisoners from India to such country or place and vice versa and includes any other Government of such country or place specified by the Central Government, by notification in the Official Gazette, under sub-section (1) of section 3; (b) "prescribed" means prescribed by rules made under this Act; (c) "prisoner" means a person undergoing a sentence of imprisonment under an order passed by a criminal court including the courts established under the law for the time being in force in contracting States; (d) "warrant" means a warrant issued under sub-section (1) of section 7 or subsection (2) of section 12, as the case may be; (e) words and expressions used herein and not defined but defined in the Code of Criminal Procedure, 1973(2 of 1974) have the meanings respectively assigned to them in that Code.
View Complete Act List Judgments citing this sectionRepatriation of Prisoners Act, 2003 Section 13
Title: Determination of Prison and Issue of Warrant for Receiving Transfer in India
State: Central
Year: 2003
..... (2) The Central Government shall authorise any officer not below the rank of a Joint Secretary to that Government to issue a warrant under sub-section (2) of section 12 and to direct the officer referred to in sub-section (1) to receive and hold the prisoner, with respect to whom the warrant is issued, in custody, (3) It shall be lawful for the officer referred to in sub-section (1) to receive and hold in custody any prisoner delivered to him under the direction made in the warrant issued under sub-section (2) of section 12 and to convey such prisoner to any prison determined under sub-section (1) for being dealt with in accordance with the said warrant and if the prisoner escapes from such custody, the prisoner may be arrested without warrant by any person who shall without undue delay deliver such prisoner to the officer in charge of the nearest police station and the prisoner so arrested shall be liable for committing an offence under section 224(45 of 1860.) of the Indian Penal Code and shall also be liable to be dealt with in accordance with the said warrant. (4) A warrant under sub-section (2) of section 12 shall provide for-- (a) the bringing of the prisoner.....
View Complete Act List Judgments citing this sectionRepatriation of Prisoners Act, 2003 Section 8
Title: Provision to Issue Warrant for Transfer
State: Central
Year: 2003
..... (2) Upon the presentation of a warrant referred to in sub-section (1), the officer in charge of the prison shall forthwith comply with the warrant and obtain, thereon the signature of the person to whom delivery of the prisoner, records and the personal effects relating to the prisoner to be removed from the prison is given. (3) After delivery of the prisoner to the person authorised by the contracting State under sub-section (2), the officer in charge of the prison transferring the prisoner shall forward a copy of the warrant to the court which committed the prisoner to the prison, along with a statement that the prisoner has been delivered to the person authorised by the contracting State under sub-section (1). (4) The delivery of the prisoner in compliance of the warrant issued under subsection (1)shall discharge the officer in charge of the prison from the responsibility of keeping the prisoner in his custody.
View Complete Act List Judgments citing this sectionRepatriation of Prisoners Act, 2003 Section 9
Title: Operation of Warrant and Retaking Prisoner
State: Central
Year: 2003
It shall be lawful for the person authorised by the contracting State to whom the custody of a prisoner is delivered under the provisions of sub-section (2) of section 8 to receive and hold in custody such prisoner and to convey him out of India and if the prisoner escapes from such custody within India, the prisoner may be arrested without warrant by any person who shall without undue delay deliver such prisoner to the officer in charge of the nearest police station and the prisoner so arrested shall be liable for committing an offence under section 224(45 of 1860.) of the Indian Penal Code and shall also be liable for such sentence of imprisonment in India which he would have to undergo if the delivery of custody of such prisoner had not been made under section 8.
View Complete Act List Judgments citing this sectionKarnataka Value Added Tax Act, 2003 Section 55
Title: Penalty in Case of Under - Valuation of Goods
State: Karnataka
Year: 2003
.....the regular trade practice of the seller or any special discount or margin allowed by the seller or the goods being sold by the seller after manufacture to the trade mark or brand holder] such authority or officers, for reasons to be recorded in writing and after allowing the person or dealer a reasonable opportunity of being heard, may impose a penalty of a sum not exceeding twice the amount of the tax due on such goods. (2) The amount of tax and the penalty levied under this Section shall be recovered in the manner specified under sub-Section (14) of Section 53. (3) The value of goods in transit shall be the total price as mentioned in the invoice, challan, delivery note, or any other related document, plus the cost of transportation of the goods incurred up to the time of its interception. (4) In determining whether or not the price shown in the invoice, challan, delivery note, or any other related document involves under-valuation, in the case of owner of the goods other than an owner carrying on business in packaged goods, the authority exercising the power under sub-section (1) shall apply the prevailing market price or fair market value and in the case of an.....
View Complete Act List Judgments citing this sectionValue Added Tax Act, 2003 Section 55
Title: Penalty in Case of Under-valuation of Goods
State: Karnataka
Year: 2003
.....in the invoice, challan, delivery note, or any other related document involves under-valuation, in the case of owner of the goods other than an owner carrying on business in packaged goods, the authority exercising the power under sub-section (1) shall apply the prevailing market price or fair market value and in the case of an owner carrying on business in packaged goods, shall apply the Maximum Retail Price. (5) Any person objecting to an order affecting him under this Section may appeal to the prescribed authority. (6) Such appeal shall be dealt with as if it were an appeal filed under Section 62 or Section 64, as the case may be, and all the provisions of those Sections shall mutatis mutandis apply to such appeal.
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