INCOMES FORMING PART OF TOTAL INCOME ON WHICH NO INCOME-TAX IS PAYABLE
Section 85: [Omitted.].
Procedure on death of defaulter.—If at any time after the issue of the certificate by the Assessing Officer to the Tax Recovery Officer the defaulter dies, the proceedings under this Schedule (except arrest and detention) may be continued against the legal representative of the defaulter, and the provisions of this Schedule shall apply as if the legal representative were the defaulter. 86. Appeals.—(1) An appeal from any original order passed by the Tax Recovery Officer under this Schedule, not being an order which is conclusive, shall lie to the 2[Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner.]
(2) Every appeal under this rule must be presented within thirty days from the date of the order appealed against.
(3) Pending the decision of any appeal, execution of the certificate may be stayed if the appellate authority so directs, but not otherwise. (4) Notwithstanding anything contained in sub-rule (1), where a 2[Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner is authorised to exercise powers as such in respect of any area, then, all appeals against the orders passed before the date of such authorisation by any Tax Recovery Officer authorised to exercise powers as such in respect of that area, or an area which is included in that area, shall lie to such Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner.] 87. Review.—Any order passed under this Schedule may, after notice to all persons interested, be reviewed by the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner, Tax Recovery Officer or other officer who made the order, or by his successor in office, on account of any mistake apparent from the record. 88. Recovery from surety.—Where any person has under this Schedule become surety for the amount due by the defaulter, he may be proceeded against under this Schedule as if he were the defaulter. 89. [Penalties.]—Omitted by the Direct Tax Laws (Amendment) Act, 1987 (4 of 1988), s. 126 (w.e.f. 1-4-1989). 90. Subsistence allowance.—(1) When a defaulter is arrested or detained in the civil prison, the sum payable for the subsistence of the defaulter from the time of arrest until he is released shall be borne by the Assessing Officer.
(2) Such sum shall be calculated on the scale fixed by the State Government for the subsistence of judgment-debtors arrested in execution of a decree of a civil court.
(3) Sums payable under this rule shall be deemed to be costs in the proceeding:
Provided that the defaulter shall not be detained in the civil prison or arrested on account of any sum so payable. 91. Forms.—The Board may prescribe the form to be used for any order, notice, warrant, or certificate to be issued under this Schedule. 92.Power to make rules.—(1) The Board may make rules, consistent with the provisions of this Act, regulating the procedure to be followed by Principal Chief Commissioners or Chief Commissioners, Principal Commissioners or Commissioners, Tax Recovery Officers and other officers acting under this Schedule.
(2) In particular, and without prejudice to the generality of the power conferred by sub-rule (1), such rules may provide for all or any of the following matters, namely:—
(a) the area within which Principal Chief Commissioners or Chief Commissioners, Principal Commissioners or Commissioners or Tax Recovery Officers may exercise jurisdiction;
(b) the manner in which any property sold under this Schedule may be delivered;
(c) the execution of a document or the endorsement of a negotiable instrument or a share in a corporation, by or on behalf of the Tax Recovery Officer, where such execution or endorsement is required to transfer such negotiable instrument or share to a person who has purchased it under a sale under this Schedule;
(d) the procedure for dealing with resistance or obstruction offered by any person to a purchaser of any immovable property sold under this Schedule, in obtaining possession of the property;
(e) the fees to be charged for any process issued under this Schedule;
(f) the scale of charges to be recovered in respect of any other proceeding taken under this Schedule;
(g) recovery of poundage fee;
(h) the maintenance and custody, while under attachment, of livestock or other movable property, the fees to be charged for such maintenance and custody, the sale of such livestock or property, and the disposal of proceeds of such sale;
(i) the mode of attachment of business. 93. Saving regarding charge.—Nothing in this Schedule shall affect any provision of this Act whereunder the tax is a first charge upon any asset. 94. Continuance of certain pending proceedings and power to remove difficulties.—All proceedings for the recovery of tax pending immediately before the coming into force of the amendments to this Schedule by the Direct Tax Laws (Amendment) Act, 1987 shall be continued under this Schedule as amended by that Act from the stage they had reached, and, for this purpose, every certificate issued by the 5[Assessing Officer under section 222 before such amendment shall be deemed to be a certificate drawn up by the Tax Recovery Officer under that section after such amendment, and, if any difficulty arises in continuing the said proceedings, the Board may issue (whether by way of modification, not affecting the substance, of any rule in this Schedule or otherwise) general or special orders which appear to it to be necessary or expedient for the purpose of removing the difficulty.] THE THIRD SCHEDULE PROCEDURE FOR DISTRAINT BY ASSESSING OFFICER OR TAX RECOVERY OFFICER [See section 226(5)] Distraint and sale.—Where any distraint and sale of movable property are to be effected by any Assessing Officer or Tax Recovery Officer authorised for the purpose, such distraint and sale shall be made, as far as may be, in the same manner as attachment and sale of any movable property attachable by actual seizure, and the provisions of the Second Schedule relating to attachment and sale shall, so far as may be, apply in respect of such distraint and sale. THE FOURTH SCHEDULE PART A RECOGNISED PROVIDENT FUNDS [See sections 2(38), 10(12), 10(25), 36(1)(iv), 88(2)(vi), 111, 192(4)] 1. Application of Part.—This Part shall not apply to any provident fund to which the Provident Funds Act, 1925 (19 of 1925), applies. 2. Definitions.—In this Part, unless the context otherwise requires,—
(a) “employer” means any person who maintains a provident fund for the benefit of his or its employees, being—
(i) a Hindu undivided family, company, firm or other association of persons, or (ii) an individual engaged in a business or profession the profits and gains whereof are assessable to income-tax under the head “Profits and gains of business or profession”;
(b) “employee” means an employee participating in a provident fund, but does not include a personal or domestic servant;
(c) “contribution” means any sum credited by or on behalf of any employee out of his salary, or by an employer out of his own moneys, to the individual account of an employee, but does not include any sum credited as interest;
(d) “balance to the credit of an employee” means the total amount to the credit of his individual account in a provident fund at any time;
(e) “annual accretion”, in relation to the balance to the credit of an employee, means the increase to such balance in any year, arising from contributions and interest;
(f) “accumulated balance due to an employee” means the balance to his credit, or such portion thereof as may be claimable by him under the regulations of the fund, on the day he ceases to be an employee of the employer maintaining the fund;
(g) “regulations of a fund” means the special body of regulations governing the constitution and administration of a particular provident fund; and
(h) “salary” includes dearness allowance, if the terms of employment so provide, but excludes all other allowances and perquisites. 3. According and withdrawal of recognition.—(1) The 2[Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner] may accord recognition to any provident fund which, in his opinion, satisfies the conditions prescribed in rule 4 and the rules made by the Board in this behalf, and may, at any time, withdraw such recognition if, in his opinion, the provident fund contravenes any of those conditions: Provided that in a case where recognition has been accorded to any provident fund on or before the 31st day of March, 2006 and such provident fund does not satisfy the conditions set out in clause (ea) of rule 4, the recognition to such fund shall be withdrawn, if such fund does not satisfy, on or before the 2[ 3[31st day of March, 2014], the conditions set out in the said clause and any other condition which the Board may, by rules specify, in this behalf:] Provided further that nothing contained in the first proviso shall apply to the provident fund of an establishment in respect of which a notification has been issued by the Central Government under sub-section (2) of section 16 of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952).
(2) An order according recognition shall take effect on such date as the 6[Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner] may fix in accordance with any rules the Board may make in this behalf, such date not being later than the last day of the financial year in which the order is made.
(3) An order withdrawing recognition shall take effect from the date on which it is made.
(4) An order according recognition to a provident fund shall not, unless the 6[Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner] otherwise directs, be affected by the fact that the fund is subsequently amalgamated with another provident fund on the occurrence of an amalgamation of the undertakings in connection with which the two funds are maintained, or that it subsequently absorbs the whole or a part of another provident fund belonging to an undertaking which is wholly or in part transferred to or merged in the undertaking of the employer maintaining the first-mentioned fund. 4. Conditions to be satisfied by recognised provident funds.—In order that a provident fund may receive and retain recognition, it shall, subject to the provisions of rule 5, satisfy the conditions set out below and any other conditions which the Board may, by rules, specify—
(a) all employees shall be employed in India, or shall be employed by an employer whose principal place of business is in India;
(b) the contributions of an employee in any year shall be a definite proportion of his salary for that year, and shall be deducted by the employer from the employee’s salary in that proportion, at each periodical payment of such salary in that year, and credited to the employee's individual account in the fund;
(c) the contributions of an employer to the individual account of an employee in any year shall not exceed the amount of the contributions of the employee in that year, and shall be credited to the employee's individual account at intervals not exceeding one year;
(d) the fund shall be vested in two or more trustees or in the Official Trustee under a trust which shall not be revocable, save with the consent of all the beneficiaries;
(e) the fund shall consist of contributions as above specified, received by the trustees, of accumulations thereof, and of interest credited in respect of such contributions and accumulations, and of securities purchased therewith and of any capital gains arising from the transfer of capital assets of the fund, and of no other sums; (ea) the fund shall be a fund of an establishment to which the provisions of sub-section (3) of section 1 of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952) apply or of an establishment which has been notified by the Central Provident Fund Commissioner under sub-section (4) of section 1 of the said Act, and such establishment shall obtain exemption under section 17 of the said Act from the operation of all or any of the provisions of any scheme referred to in that section;
(f) the employer shall not be entitled to recover any sum whatsoever from the fund, save in cases where the employee is dismissed for misconduct or voluntarily leaves his employment otherwise than on account of ill-health or other unavoidable cause before the expiration of the term of service specified in this behalf in the regulations of the fund:
Provided that in such cases the recoveries made by the employer shall be limited to the contributions made by him to the individual account of the employee, and to interest credited in respect of such contributions in accordance with the regulations of the fund and the accumulations thereof;
(g) the accumulated balance due to an employee shall be payable on the day he ceases to be an employee of the employer maintaining the fund;
(h) save as provided in clause (g) or in accordance with such conditions and restrictions as the Board may, by rules, specify, no portion of the balance to the credit of an employee shall be payable to him. 5. Relaxation of conditions.—(1) Notwithstanding anything contained in clause (a) of rule 4, the 3[Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner] may, if he thinks fit and subject to such conditions, if any, as he thinks proper to attach to the recognition, accord recognition to a fund maintained by an employer whose principal place of business is not in India, provided the proportion of employees employed outside India does not exceed ten per cent.
(2) Notwithstanding anything contained in clause (b) of rule 4, an employee who retains his employment while serving in the armed forces of the Union or when taken into or employed in the national service under any law for the time being in force, may, whether he receives from the employer any salary or not, contribute to the fund during his service in the armed forces of the Union or while so taken into or employed in the national service a sum not exceeding the amount he would have contributed had he continued to serve the employer.
(3) Notwithstanding anything contained in clause (e) or clause (g) of rule 4,—
(a) at the request made in writing by the employee who ceases to be an employee of the employer maintaining the fund, the trustees of the fund may consent to retain the whole or any part of the accumulated balance due to the employee to be drawn by him at any time on demand;
(b) where the accumulated balance due to an employee who has ceased to be an employee is retained in the fund in accordance with the preceding clause, the fund may consist also of interest in respect of such accumulated balance; (c) the fund may also consist of any amount transferred from the individual account of an employee in any recognised provident fund maintained by his former employer and the interest in respect thereof.
(4) Subject to any rules which the Board may make in this behalf, the 3[Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner] may, in respect of any particular fund, relax the provisions of clause (c) of rule 4,—
(a) so as to permit the payment of larger contributions by an employer to the individual accounts of employees whose salaries do not in each case exceed five hundred rupees per mensem; and
(b) so as to permit the crediting by employers to the individual accounts of employees of periodical bonuses or other contributions of a contingent nature, where the calculation and payment of such bonuses or other contributions is provided for on definite principles by the regulations of the fund.
(5) Notwithstanding anything contained in clause (h) of rule 4, in order to enable an employee to pay the amount of tax assessed on his total income as determined under sub-rule (4) of rule 11, he shall be entitled to withdraw from the balance to his credit in the recognised provident fund a sum not exceeding the difference between such amount and the amount to which he would have been assessed if the transferred balance referred to in sub-rule (2) of rule 11 had not been included in his total income. 6. Employer’s annual contributions, when deemed to be income received by employee.—That portion of the annual accretion in any previous year to the balance at the credit of an employee participating in a recognised provident fund as consists of—
(a) contributions made by the employer in excess of twelve per cent. of the salary of the employee, and
(b) interest credited on the balance to the credit of the employee in so far as it [Omitted] is allowed at a rate exceeding such rate as may be fixed by the Central Government in this behalf by notification in the Official Gazette, shall be deemed to have been received by the employee in that previous year and shall be included in his total income for that previous year, and shall be liable to income-tax [Omitted] . 7. Exemption for employee’s contributions.—An employee participating in a recognised provident fund shall, in respect of his own contributions to his individual account in the fund in the previous year, be entitled to a deduction in the computation of his total income of an amount determined in accordance with 9[section 80C.] 8. Exclusion from total income of accumulated balance.—The accumulated balance due and becoming payable to an employee participating in a recognised provident fund shall be excluded from the computation of his total income—
(i) if he has rendered continuous service with his employer for a period of five years or more, or (ii) if, though he has not rendered such continuous service, the service has been terminated by reason of the employee’s ill-health, or by the contraction or discontinuance of the employer's business or other cause beyond the control of the employee, or (iii) if, on the cessation of his employment, the employee obtains employment with any other employer, to the extent the accumulated balance due and becoming payable to him is transferred to his individual account in any recognised provident fund maintained by 2[such other employer; or (iv) if the entire balance standing to the credit of the employee is transferred to his account under a pension scheme referred to in section 80CCD and notified by the Central Government.
Explanation.—Where the accumulated balance due and becoming payable to an employee participating in a recognised provident fund maintained by his employer includes any amount transferred from his individual account in any other recognised provident fund or funds maintained by his former employer or employers, then, in computing the period of continuous service for the purposes of clause (i) or clause (ii) the period or periods for which such employee rendered continuous service under his former employer or employers aforesaid shall be included.] 9. Tax on accumulated balance.—(1) Where the accumulated balance due to an employee participating in a recognised provident fund is included in his total income owing to the provisions of rule 8 not being applicable, the Assessing Officer shall calculate the total of the various sums of tax which would have been payable by the employee in respect of his total income for each of the years concerned if the fund had not been a recognised provident fund, and the amount by which such total exceeds the total of all sums paid by or on behalf of such employee by way of tax for such years shall be payable by the employee in addition to any other tax for which he may be liable for the previous year in which the accumulated balance due to him becomes payable.
(2) Where the accumulated balance due to an employee participating in a recognised provident fund which is not included in his total income under the provisions of rule 8 becomes payable, an amount equal to the aggregate of the amounts of super-tax on annual accretions that would have been payable under section 58E of the Indian Income-tax Act, 1922 (11 of 1922), for any assessment year up to and including the assessment year 1932-33, if the Indian Income-tax (Second Amendment) Act, 1933 (18 of 1933), had come into force on the 15th day of March, 1930, shall be payable by the employee in addition to any other tax payable by him for the previous year in which such balance becomes payable. 10. Deduction at source of tax payable on accumulated balance.—The trustees of a recognised provident fund, or any person authorised by the regulations of the fund to make payment of accumulated balances due to employees, shall, in cases where sub-rule (1) of rule 9 applies, at the time an accumulated balance due to an employee is paid, deduct therefrom the amount payable under that rule and all the provisions of Chapter XVII-B shall apply as if the accumulated balance were income chargeable under the head “Salaries”. 11. Treatment of balance in newly recognised provident fund.—(1) Where recognition is accorded to a provident fund with existing balances, an account shall be made of the fund up to the day immediately preceding the day on which the recognition takes effect, showing the balance to the credit of each employee on such day, and containing such further particulars as the Board may prescribe.
(2) The account shall also show in respect of the balance to the credit of each employee the amount thereof which is to be transferred to that employee’s account in the recognised provident fund, and such amount (hereinafter called his transferred balance) shall be shown as the balance to his credit in the recognised provident fund on the date on which the recognition of the fund takes effect, and sub-rule (4) of this rule and sub-rule (5) of rule 5 shall apply thereto.
(3) Any portion of the balance to the credit of an employee in the existing fund which is not transferred to the recognised fund shall be excluded from the accounts of the recognised fund and shall be liable to income-tax [Omitted] in accordance with the provisions of this Act, other than this Part.
(4) Subject to such rules as the Board may make in this behalf, the Assessing Officer shall make a calculation of the aggregate of all sums comprised in a transferred balance which would have been liable to income-tax if this Part had been in force from the date of the institution of the fund, without regard to any tax which may have been paid on any sum, and such aggregate (if any) shall be deemed to be income received by the employee in the previous year in which the recognition of the fund takes effect and shall be included in the employee’s total income for that previous year, and, for the purposes of assessment, the remainder of the transferred balance shall be disregarded, but no other exemption or relief, by way of refund or otherwise, shall be granted in respect of any sum comprised in such transferred balance:
Provided that, in cases of serious accounting difficulty, the 4[Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner] may, subject to the said rules, make a summary calculation of such aggregate.
(5) Nothing in this rule shall affect the rights of the persons administering an unrecognised provident fund or dealing with it, or with the balance to the credit of any individual employee before recognition is accorded, in any manner which may be lawful. 12. Accounts of recognised provident funds.—(1) The accounts of a recognised provident fund shall be maintained by the trustees of the fund and shall be in such form and for such periods, and shall contain such particulars, as the Board may prescribe.
(2) The accounts shall be open to inspection at all reasonable times by income-tax authorities, and the trustees shall furnish to the Assessing Officer such abstracts thereof as the Board may prescribe. 13. Appeals.—(1) An employer objecting to an order of the 4[Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner] refusing to recognise or an order withdrawing recognition from a provident fund may appeal, within sixty days of such order, to the Board.
(2) The appeal shall be in such form and shall be verified in such manner and shall be subject to the payment of such fee as the Board may prescribe. 14. Treatment of fund transferred by employer to trustee.—(1) Where an employer, who maintains a provident fund (whether recognised or not) for the benefit of his employees and has not transferred the fund or any portion of it, transfers such fund or portion to trustees in trust for the employees participating in the fund, the amount so transferred shall be deemed to be of the nature of capital expenditure.
(2) When an employee participating in such fund is paid the accumulated balance due to him therefrom, any portion of such balance as represents his share in the amount so transferred to the trustees (without addition of interest, and exclusive of the employee's contributions and interest thereon) shall, if the employer has made effective arrangements to secure that tax shall be deducted at source from the amount of such share when paid to the employee, be deemed to be an expenditure by the employer within the meaning of section 37, incurred in the previous year in which the accumulated balance due to the employee is paid. 15. Provisions relating to rules.—(1) In addition to any power conferred by this Part, the Board may make rules—
(a) prescribing the statements and other information to be submitted along with an application for recognition;
(b) limiting the contributions to a recognised provident fund by employees of a company who are shareholders in the company; 1[(bb) regulating the investment or deposit of the moneys of a recognised provident fund:
Provided that no rule made under this clause shall require the investment of more than fifty per cent. of the moneys of such fund in Government securities as defined in section 2 of the Public Debt Act, 1944 (18 of 1944);]
(c) providing for the assessment by way of penalty of any consideration received by an employee for an assignment of, or creation of a charge upon, his beneficial interest in a recognised provident fund;
(d) determining the extent to and the manner in which exemption from payment of tax may be granted in respect of contributions and interest credited to the individual accounts of employees in a provident fund from which recognition has been withdrawn; and
(e) generally, to carry out the purposes of this Part and to secure such further control over the recognition of provident funds and the administration of recognised provident funds as it may deem requisite.
(2) All rules made under this Part shall be subject to the provisions of section 296. PART B APPROVED SUPERANNUATION FUNDS [See sections 2(6), 10(13), 10(25) (iii), 36(1)(iv), 87(1)(e), 192(5), 206] 1. Definitions.—In this Part, unless the context otherwise requires, “employer”, “employee”, “contribution” and “salary” have, in relation to superannuation funds, the meanings assigned to those expressions in rule 2 of Part A in relation to provident funds. 2. Approval and withdrawal of approval.—(1) The 3[Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner] may accord approval to any superannuation fund or any part of a superannuation fund which, in his opinion, complies with the requirements of rule 3, and may at any time withdraw such approval, if, in his opinion, the circumstances of the fund or part cease to warrant the continuance of the approval.
(2) The 3[Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner] shall communicate in writing to the trustees of the fund the grant of approval with the date on which the approval is to take effect, and, where the approval is granted subject to conditions, those conditions.
(3) The 3[Principal Chief Commissioner or Chief Commissioner or 4[Principal Commissioner or Commissioner] shall communicate in writing to the trustees of the fund any withdrawal of approval with the reasons for such withdrawal and the date on which the withdrawal is to take effect.
(4) The 3[Principal Chief Commissioner or Chief Commissioner or 4[Principal Commissioner or Commissioner] shall neither refuse nor withdraw approval to any superannuation fund or any part of a superannuation fund unless he has given the trustees of that fund a reasonable opportunity of being heard in the matter. 3. Conditions for approval.— In order that a superannuation fund may receive and retain approval, it shall satisfy the conditions set out below and any other conditions which the Board may, by rules, prescribe—
(a) the fund shall be a fund established under an irrevocable trust in connection with a trade or undertaking carried on in India, and not less than ninety per cent of the employees shall be employed in India;
(b) the fund shall have for its sole purpose the provision of annuities for employees in the trade or undertaking on their retirement at or after a specified age or on their becoming incapacitated prior to such retirement, or for the widows, children or dependants of persons who are or have been such employees on the death of those persons ;
(c) the employer in the trade or undertaking shall be a contributor to the fund ; and
(d) all annuities, pensions and other benefits granted from the fund shall be payable only in India. 4. Application for approval.—(1) An application for approval of a superannuation fund or part of a superannuation fund shall be made in writing by the trustees of the fund to the Assessing Officer by whom the employer is assessable, and shall be accompanied by a copy of the instrument under which the fund is established and by two copies of the rules and, where the fund has been in existence during any year or years prior to the financial year in which the application for approval is made, also two copies of the accounts of the fund relating to such prior year or years (not being more than three years immediately preceding the year in which the said application is made) for which such accounts have been made up, but the 4[Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner] may require such further information to be supplied as he thinks proper.
(2) If any alteration in the rules, constitution, objects or conditions of the fund is made at any time after the date of the application for approval, the trustees of the fund shall forthwith communicate such alteration to the Assessing Officer mentioned in sub-rule (1), and in default of such communication any approval given shall, unless the 4[Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner] otherwise orders, be deemed to have been withdrawn from the date on which the alteration took effect. 5. Contributions by employer when deemed to be income of employer.—Where any contributions by an employer (including the interest thereon, if any) are repaid to the employer, the amount so repaid shall be deemed for the purpose of income-tax [Omitted] to be the income of the employer of the previous year in which it is so repaid. 6. Deduction of tax on contributions paid to an employee.— Where any contributions made by an employer, including interest on contributions, if any, are paid to an employee during his lifetime in circumstances other than those referred to in clause (13) of section 10, tax on the amounts so paid shall be deducted at the average rate of tax at which the employee was liable to tax during the preceding three years or during the period, if less than three years, when he was a member of the fund, and shall be paid by the trustees to the credit of the Central Government within the prescribed time and in such manner as the Board may direct. 7. Deduction from pay of and contributions on behalf of employee to be included in return.—Where an employer deducts from the emoluments paid to an employee or pays on his behalf any contributions of that employee to an approved superannuation fund, he shall include all such deductions or payments in the return which he is required to furnish under [Omitted] section 206. 8. Appeals.—(1) An employer objecting to an order of the 4[Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner] refusing to accord approval to a superannuation fund or an order withdrawing such approval may appeal, within sixty days of such order, to the Board.
(2) The appeal shall be in such form and shall be verified in such manner and shall be subject to the payment of such fee as may be prescribed. 9. Liability of trustees on cessation of approval.—If a fund or a part of a fund for any reason ceases to be an approved superannuation fund, the trustees of the fund shall nevertheless remain liable to tax on any sum paid on account of returned contributions (including interest on contributions, if any), in so far as the sum so paid is in respect of contributions made before the fund or part of the fund ceased to be an approved superannuation fund under the provisions of this Part. 10. Particulars to be furnished in respect of superannuation funds.—The trustees of an approved superannuation fund and any employer who contributes to an approved superannuation fund shall, when required by notice from the Assessing Officer, within such period, not being less than twenty-one days from the date of the notice, as may be specified in the notice, furnish such return, statement, particulars or information, as the Assessing Officer may require. 11. Provisions relating to rules.—(1) In addition to any power conferred by this Part, the Board may make rules—
(a) prescribing the statements and other information to be submitted along with an application for approval;
(b) prescribing the returns, statements, particulars, or information which the Assessing Officer may require from the trustees of an approved superannuation fund or from the employer;
(c) limiting the ordinary annual contribution and any other contributions to an approved superannuation fund by an employer ; 2[(cc) regulating the investment or deposit of the moneys of an approved superannuation fund:
Provided that no rule made under this clause shall require the investment of more than fifty per cent of the moneys of such fund in Government securities as defined in section 2 of the Public Debt Act, 1944 (18 of 1944);]
(d) providing for the assessment by way of penalty of any consideration received by an employee for an assignment of, or creation of a charge upon, his beneficial interest in an approved superannuation fund;
(e) determining the extent to, and the manner in, which exemption from payment of tax may be granted in respect of any payment made from a superannuation fund from which approval has been withdrawn;
(f) providing for the withdrawal of approval in the case of a fund which ceases to satisfy the requirements of this Part or of the rules made thereunder; and
(g) generally, to carry out the purposes of this Part and to secure such further control over the approval of the superannuation funds and the administration of approved superannuation funds as it may deem requisite.
(2) All rules made under this Part shall be subject to the provisions of section 296. PART C APPROVED GRATUITY FUND See sections 2(5), 10(25)(iv), 17(1)(iii), 36(1)(v) 1. Definitions.—In this Part, unless the context otherwise requires “employer”, “employee”, “contribution” and “salary” have, in relation to gratuity funds, the meanings assigned to those expressions in rule 2 of Part A in relation to provident funds. 2. Approval and withdrawal of approval.—(1) The 2[Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner] may accord approval to any gratuity fund which, in his opinion, complies with the requirements of rule 3 and may at any time withdraw such approval if, in his opinion, the circumstances of the fund cease to warrant the continuance of the approval.
(2) The 2[Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner] shall communicate in writing to the trustees of the fund the grant of approval with the date on which the approval is to take effect and where the approval is granted subject to conditions, those conditions.
(3) The 2[Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner] shall communicate in writing to the trustees of the fund any withdrawal of approval with the reasons for such withdrawal and the date on which the withdrawal is to take effect.
(4) The 2[Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner] shall neither refuse nor withdraw approval to any gratuity fund unless he has given the trustees of that fund a reasonable opportunity of being heard in the matter. 3. Conditions for approval.—In order that a gratuity fund may receive and retain approval, it shall satisfy the conditions set out below and any other conditions which the Board may, by rules, prescribe—
(a) the fund shall be a fund established under an irrevocable trust in connection with a trade or undertaking carried on in India, and not less than ninety per cent of the employees shall be employed in India ;
(b) the fund shall have for its sole purpose the provision of a gratuity to employees in the trade or undertaking on their retirement at or after a specified age or on their becoming incapacitated prior to such retirement or on termination of their employment after a minimum period of service specified in the rules of the fund or to the widows, children or dependants of such employees on their death ;
(c) the employer in the trade or undertaking shall be a contributor to the fund ; and
(d) all benefits granted by the fund shall be payable only in India. 4. Application for approval.—(1) An application for approval of a gratuity fund shall be made in writing by the trustees of the fund to the Assessing Officer, by whom the employer is assessable and shall be accompanied by a copy of the instrument under which the fund is established and by two copies of the rules and, where the fund has been in existence during any year or years prior to the financial year in which the application for approval is made, also two copies of the accounts of the fund relating to such prior year or years (not being more than three years immediately preceding the year in which the said application is made) for which such accounts have been made up, but the 2[Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner] may require such further information to be supplied as he thinks proper.
(2) If any alteration in the rules, constitution, objects or conditions of the fund is made at any time after the date of the application for approval, the trustees of the fund shall forthwith communicate such alterations to the Assessing Officer mentioned in sub-rule (1), and in default of such communication, any approval given shall, unless the 2[Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner] otherwise orders, be deemed to have been withdrawn from the date on which the alteration took effect. 5. Gratuity deemed to be salary.—Where any gratuity is paid to an employee during his lifetime, the gratuity shall be treated as salary paid to the employee for the purposes of this Act. 6. Liability of trustees on cessation of approval.—If a gratuity fund for any reason ceases to be an approved gratuity fund, the trustees of the fund shall nevertheless remain liable to tax on any gratuity paid to any employee. 7. contributions by employer, when deemed to be income of employer.— Where any contributions by an employer (including the interest thereon, if any) are repaid to the employer, the amount so repaid shall be deemed for the purposes of income-tax [Omitted] to be the income of the employer of the previous year in which they are so repaid. 8. Appeals.—(1) An employer objecting to an order of the 3[Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner] refusing to accord approval to a gratuity fund or an order withdrawing such approval may appeal, within sixty days of such order, to the Board.
(2) The appeal shall be in such form and shall be verified in such manner and shall be subject to the payment of such fee as may be prescribed. 8A. Particulars to be furnished in respect of gratuity funds.—The trustees of an approved gratuity fund and any employer who contributes to an approved gratuity fund shall, when required by notice from the 6[Assessing Officer, furnish within such period, not being less than twenty-one days from the date of the notice, as may be specified in the notice, such return, statement, particulars or information, as the Assessing Officer may require.] 9. Provisions relating to rules.—(1) In addition to any power conferred in this Part, the Board may make rules—
(a) prescribing the statements and other information to be submitted along with an application for approval;
(b) limiting the ordinary annual and other contributions of an employer to the fund; 7[(bb) regulating the investment or deposit of the moneys of an approved gratuity fund:
Provided that no rule made under this clause shall require the investment of more than fifty per cent of the moneys of such fund in Government securities as defined in section 2 of the Public Debt Act, 1944 (18 of 1944);]
(c) providing for the assessment by way of penalty of any consideration received by an employee for an assignment of, or the creation of a charge upon, his beneficial interest in an approved gratuity fund;
(d) providing for the withdrawal of the approval in the case of a fund which ceases to satisfy the requirements of this Part or the rules made thereunder; and
(e) generally, to carry out the purposes of this Part and to secure such further control over the approval of gratuity funds and the administration of gratuity funds as it may deem requisite.
(2) All rules made under this Part shall be subject to the provisions of section 296. THE FIFTH SCHEDULE 2[See section 33(1)(b)(B)(i)] LIST OF ARTICLES AND THINGS
(1) Iron and steel (metal), ferro-alloys and special steels.
(2) Aluminium, copper, lead and zinc (metals).
(3) Coal, lignite, iron ore, bauxite, manganese ore, dolomite, limestone, magnesite and mineral oil.
(4) Industrial machinery specified under the heading "8. Industrial machinery", sub-heading "A. Major items of specialised equipment used in specific industries", of the First Schedule to the Industries (Development and Regulation) Act, 1951 (65 of 1951).
(5) Boilers and steam generating plants, steam engines and turbines and internal combustion engines.
(6) Flame and drip proof motors.
(7) Equipment for the generation and transmission of electricity including transformers, cables and transmission towers.
(8) Machine tools and precision tools (including their attachments and accessories, cutting tools and small tools), dies and jigs.
(9) Tractors, earth-moving machinery and agricultural implements.
(10) Motor trucks and buses.
(11) Steel castings and forgings and malleable iron and steel castings.
(12) Cement and refractories.
(13) Fertilisers, namely, ammonium sulphate, ammonium sulphate nitrate (double salt), ammonium nitrate, calcium ammonium nitrate (nitrolime stone), ammonium chloride, superphosphate, urea and complex fertilisers of synthetic origin containing both nitrogen and phosphorus, such as ammonium phosphates, ammonium sulphate phosphate and ammo-nium nitro phosphate.
(14) Soda ash.
(15) Pesticides.
(16) Paper and pulp including newsprint.
(17) Electronic equipment, namely, radar equipment, computers, electronic accounting and business machines, electronic communication equipment, electronic control instruments and basic components, such as valves, transistors, resistors, condensers, coils, magnetic materials and microwave components.
(18) Petrochemicals including corresponding products manufactured from other basic raw materials like calcium carbide, ethyl alcohol or hydrocarbons from other sources.
(19) Ships.
(20) Automobile ancillaries.
(21) Seamless tubes.
(22) Gears.
(23) Ball, roller and tapered bearings.
(24) Component parts of the articles mentioned in item Nos. (4), (5), (7) and (9), that is to say, such parts as are essential for the working of the machinery referred to in the items aforesaid and have been given for that purpose some special shape or quality which would not be essential for their use for any other purpose and are in complete finished form and ready for fitment.
(25) Cotton seed oil. 1[(26) Tea.
(27) Printing machinery.] 2[(28) Processed seeds.
(29) Processed concentrates for cattle and poultry feed.
(30) Processed (including frozen) fish and fish products.
(31) Vegetable oils and oil-cakes manufactured by the solvent extraction process from seeds other than cotton seed.] 3[(32) Textiles (including those dyed, printed or otherwise processed) made wholly or mainly of cotton, including cotton yarn, hosiery and rope.
(33) Textiles (including those dyed, printed or otherwise processed) made wholly or mainly of jute, including jute twine and jute rope.]] THE SIXTH SCHEDULE Omitted by the Finance Act, 1972 (16 of 1972), s. 43 (w.e.f. 1-4-1973). Originally, the Schedule was inserted by the Finance Act, 1968 (19 of 1968), s. 30 and the Third Schedule (w.e.f. 1-4-1969) and was later amended by the Finance (No. 2) Act, 1971 (32 of 1971), s. 30 (w.e.f. 1-4- 1972). THE SEVENTH SCHEDULE [See section 35E PART A MINERALS 1. Aluminium ores. 2. Apatite and phosphatic ores. 3. Beryl. 4. Chrome ore. 5. Coal and lignite. 6. Columbite, Samarskite and other minerals of the "rare earths" group. 7. Copper. 8. Gold. 9. Gypsum. 10. Iron ore. 11. Lead. 12. Manganese ore. 13. Molybdenum. 14. Nickel ores. 15. Platinum and other precious metals and their ores. 16. Pitchblende and other uranium ores. 17. Precious stones. 18. Rutile. 19. Silver. 20. Sulphur and its ores. 21. Tin. 22. Tungsten ores. 23. Uraniferousallanite, monazite and other thorium minerals. 24. Uranium bearing tailings left over from ores after extraction of copper and gold, ilmenite and other titanium ores. 25. Vanadium ores. 26. Zinc. 27. Zircon. PART B GROUPS OF ASSOCIATED MINERALS 1. Apatite, Beryl, Cassiterite, Columbite, Emerald, Felspar, Lepidolite, Mica, Pitchblende, Quartz, Samarskite, Scheelite, Topaz, Tantalite, Tourmaline. 2. Iron, Manganese, Titanium, Vanadium and Nickel minerals. 3. Lead, Zinc, Copper, Cadmium, Arsenic, Antimony, Bismuth, Cobalt, Nickel, Molybdenum, and Uranium minerals, and Gold and Silver, Arsinopyrite, Chalcopyrite, Pyrite, Pyphrotite and Pentalandite. 4. Chromium, Osmiridium, Platinum and Nickel minerals. 5. Kyanite, Sillimanite, Corrundum, Dumortierite and Topaz. 6. Gold, Silver, Tellurium, Selenium and Pyrite. 7. Barytes, Fluorite, Chalcocite, Selenium, and minerals of Zinc, Lead and Silver. 8. Tin and Tungsten minerals. 9. Limestone, Dolomite and Magnesite. 10. Ilmenite, Monazite, Zircon, Rutile, Garnet and Sillimanite. 11. Sulphides of Copper and Iron. 12. Coal, Fireclay and Shale. 13. Magnetite and Apatite. 14. Magnesite and Chromite. 15. Talc (Soapstone and Steatite) and Dolomite. 16. Bauxite, Laterite, Aluminous Clays, Lithomorge, Titanium, Vanadium, Gallium and Columbium minerals.] THE EIGHTH SCHEDULE [See section 80-IA(2)(iv)(b) LIST OF INDUSTRIALLY BACKWARD STATES AND UNION TERRITORIES
(1) Arunachal Pradesh
(2) Assam
(3) Goa
(4) Himachal Pradesh
(5) Jammu and Kashmir
(6) Manipur
(7) Meghalaya
(8) Mizoram
(9) Nagaland
(10) Sikkim
(11) Tripura
(12) Andaman and Nicobar Islands
(13) Dadra and Nagar Haveli
(14) Daman and Diu
(15) Lakshadweep
(16) Pondicherry.] [THE NINTH SCHEDULE]. Omitted by the Taxation Laws (Amendment & Miscellaneous Provisions) Act, 1986 (46 of 1986), s. 31(w.e.f. 1-4-1988). Original Ninth Schedule was inserted by the Direct Taxes (Amendment) Act, 1974 (26 of 1974), s. 16 (w.e.f. 1-4-1975). [THE TENTH SCHEDULE]. Omitted by the Finance Act, 1999 (27 of 1999), s. 89 (w.e.f. 1-4-2000). THE ELEVENTH SCHEDULE 2{[See section 32A, 3[section 32AB, #section 80CC(3)(a)(i), section 80-I(2), 4@[section 80J(4) and $section 88A(3)(a)(i)]]} LIST OF ARTICLES OR THINGS 1. Beer, wine and other alcoholic spirits. 2. Tobacco and tobacco preparations, such as, cigars and cheroots, cigarettes, biris, smoking mixtures for pipes and cigarettes, chewing tobacco and snuff. 3. Cosmetics and toilet preparations. 4. Tooth paste, dental cream, tooth powder and soap. 5. Aerated waters in the manufacture of which blended flavouring concentrates in any form are used. Explanation.—“Blended flavouring concentrates” shall include, and shall be deemed always to have included, synthetic essences in any form. 6. Confectionery and chocolates. 7. Gramophones, including record-players and gramophone records. [Omitted] 9. Projectors. 10. Photographic apparatus and goods. [Omitted] 22. Office machines and apparatus such as typewriters, calculating machines, cash registering machines, cheque writing machines, intercom machines and teleprinters. Explanation.—The expression “office machines and apparatus” includes all machines and apparatus used in offices, shops, factories, workshops, educational institutions, railway stations, hotels and restaurants for doing office work and for data processing (not being computers within the meaning of section 32AB). 23. Steel furniture, whether made partly or wholly of steel. 24. Safes, strong boxes, cash and deed boxes and strong room doors. 25. Latex foam sponge and polyurethane foam. [Omitted] 27. Crown corks, or other fittings of cork, rubber, polyethylene or any other material. 28. Pilfer-proof caps for packaging or other fittings of cork, rubber, polyethylene or any other material. [Omitted] ] THE TWELFTH SCHEDULE [See section 80HHC(2)(b)(ii) PROCESSED MINERALS AND ORES
(i) Pulverised or micronised—barytes, calcite, steatite, pyrophylite, wollastonite, zircon, bentonite, red or yellow oxide, red or yellow ochre, talc, quartz, feldspar, silica powder, garnet, silliminite, fireclay, ballclay, manganese dioxide ore. (ii) Processed or activated—bentonite, diatomious earth, fullers earth. (iii) Processed—kaoline (china clay), whiting, calcium carbonate. (iv) Beneficated-chromite, flourspar, graphite, vermiculite, ilmenite, brown ilmenite (lencoxene) rutile, monazite and other mineral concentrates.
(v) Mica blocks, mica splittings, mica condenser films, mica powder, micanite, silvered mica, punched mica, mica paper, mica tapes, mica flakes. (vi) Exfoliated-vermiculite, calcined kyanite, magnesite, calcined magnesite, calcined alumina. (vii) Sized iron ore processed by mechanical screening or crushing and screening through dry process or mechanical crushing, screening, washing and classification through wet process. (viii) Iron ore concentrates processed through crushing, grinding or magnetic separation. (ix) Agglomerated iron ore.
(x) Cut and polished minerals and rocks including cut and polished granite.
Explanation.—For the purposes of this Schedule, “processed”, in relation to any mineral or ore, means—
(a) dressing through mechanical means to obtain concentrates after removal of gangue and unwanted deleterious substances or through other means without altering the minerological identity;
(b) pulverisation, calcination or micronisation;
(c) agglomeration from fines;
(d) cutting and polishing;
(e) washing and levigation;
(f) benefication by mechanical crushing and screening through dry process;
(g) sizing by crushing, screening, washing and classification through wet process;
(h) other upgrading techniques such as removal of impurities through chemical treatment, refining by gravity separation, bleaching, floatation or filtration.] THE THIRTEENTH SCHEDULE 2[[See sections 80-IB(4) and 80-IC(2)] LIST OF ARTICLES OR THINGS PART A FOR THE STATE OF SIKKIM S. No. Article or thing 1. Tobacco and tobacco products (including cigarettes, cigars and gutka, etc.) 2. Aerated branded beverages 3. Pollution-causing paper and paper products PART B FOR THE STATE OF HIMACHAL PRADESH AND THE STATE OF UTTARANCHAL S. No. Activity or article or thing Excise classification Sub-class under National Industrial Classification (NIC), 1998 1. Tobacco and tobacco products 24.01 to 24.04 and 1600 including cigarettes and pan masala 21.06 2. Thermal Power Plant (coal/oil 40102 or 40103 based) 3. Coal washeries/dry coal processing 4. Inorganic Chemicals excluding Chapter 28 medicinal grade oxygen (2804.11), medicinal grade hydrogen peroxide (2847.11), compressed air (2851.30) 5. Organic chemicals excluding Pro- Chapter 29 24117 vitamins/vitamins, Hormones (29.36), Glycosides (29.39), sugars* (29.40) 6. Tanning and dyeing extracts, Chapter 32 24113 or 24114 tannins and their derivatives, dyes, colours, paints and varnishes; putty, fillers and other mastics; inks 7. Marble and mineral substances not 25.04 14106 or 14107 classified elsewhere 25.05 8. Flour mills/rice mills 11.01 15311 9. Foundries using coal S. No. Activity or article or thing Excise classification Sub-class under National Industrial Classification (NIC), 1998 10. Minerals fuels, mineral oils and products of their distillation; Chapter 27 bituminous substances: mineral waxes 11. Synthetic rubber products 40.02 24131 12. Cement clinkers and asbestos, raw 2502.10, 2503.00 including fibre 13. Explosive (including industrial 36.01 to 36.06 24292 explosives, detonators and fuses, fireworks, matches, propellant powders, etc.) 14. Mineral or chemical fertilizers 31.02 to 31.05 2412 15. Insecticides,fungicides, herbicides 3808.10 24211 or 24219 and pesticides (basic manufacture and formulation) 16. Fibre glass and articles thereof 70.14 26102 17. Manufacture of pulp—wood pulp, 47.01 21011 mechanical or chemical (including dissolving pulp)` 18. 2201.20, 2202.20 15541 or 15542 Branded aerated water/soft drinks (non-fruit based) 1[19. Manufacture of pulp-wood pulp, 4701.00 mechanical or chemical (including dissolving pulp) Newsprint in rolls or sheets 4801.00 Writing or printing paper for 4802.10 printing of educational textbooks Paper or paperboard, in the 4802.20 manufacture of which—
(a) the principal process of lifting the pulp is done by hand; and
(b) if power driven sheet forming equipment is used, the Cylinder Mould VAT does not exceeds 40 inches Maplitho paper supplied to a 4802.30 Braille press against an indent placed by the National Institute for Visually Handicapped, Dehradun Others 4802.90 S. No. Activity or article or thing Excise classification Sub-class under National Industrial Classification (NIC), 1998 Toilet or facial tissue stock, towel or 4803.00 napkin stock and similar paper of a kind used for household or sanitary purposes, cellulose wadding and webs of cellulose fibres, whether or not creped, crinkled embossed, per- forated, surfact-coloured, surface decorated or printed, in rolls of a width exceeding 36 cms. or in rectangular (including square) sheets with at least one side exceeding 36 cms. in unfolded state. Kraft paper supplied to a Braille 4804.10 press against an indent placed by the National Institute for Visually Handicapped, Dehradun 4804.20 Kraft paper and paperboard used in the manufacture of cartons for packing of horticultural produce 4804.90 Others Other uncoated paper and paper- 4805.00 board, in roll or sheets, not further worked or processed than as specified in Note 2 to this Chapter. Grease-proof paper 4806.10 Glassine and other glazed 4806.20 transparent or translucent paper Others 4806.90 Straw Board, in the manufacture of 4807.91 which sun-drying process has been employed. Straw paper and other straw board, 4807.92 whether or not covered with paper other than straw paper. Other 4807.99 Carbon or similar copying papers 4809.10 Self-copy paper 4809.20 Others 4809.90 S. No. Activity or article or thing Excise classification Sub-class under National Industrial Classification (NIC), 1998 Paper and paperboard of a kind used 4810.10 for writing, printing or other graphic purposes. Kraft paper and paperboard other 4810.20 than that of a kind used for writing, printing or other graphic purposes. Other paper and paperboard 4810.90 Tarred, bituminized or asphalted 4811.10 paper and paperboard. Gummed or adhesive paper and 4811.20 paperboard Paper and paperboard coated, impregnated or covered with plastic (excluding adhesives). Products consisting of sheets of 4811.31 paper or paperboard, impregnated, coated or covered with plastics (including thermoset resins or mixtures thereof or chemical formulations containing melamine, phenol, urea formaldehyde with or without curing agents or catalysts), compressed together in one or more operations; Products known commercially as decorative laminates. Others 4811.39 Paper and paperboard, coated, 4811.40 impregnated or covered with wax, paraffin wax, stearin, oil or glycerol. Other 4811.90 Cigarette paper, whether or not cut 4813.00 to size or in the form of booklets or tubes.] 20. Plastics and articles thereof 39.09 to 39.15] PART C FOR THE STATE OF JAMMU AND KASHMIR S. No. Article or thing Cigarettes/cigars of tobacco, manufactured tobacco and substitutes 1. Distilled/brewed alcoholic drinks 2. Aerated branded beverages and their concentrates. 3. THE FOURTEENTH SCHEDULE [See section 80-IC(2)] LIST OF ARTICLES OR THINGS OR OPERATIONS PART A FOR THE NORTH-EASTERN STATES 1. Fruit and Vegetable Processing industries manufacturing or producing—
(i) Canned or bottled products; (ii) Aseptic packaged products; (iii) Frozen products; (iv) De-hydrated products;
(v) Oleoresins. 2. Meat and Poultry Product industries manufacturing or producing—
(i) Meat Products (buffalo, sheep, goat and pork); (ii) Poultry production; (iii) Egg Powder Plant. 3. Cereal Based Product industries manufacturing or producing—
(i) Maize Milling including starch and its derivatives; (ii) Bread, Biscuits, Breakfast Cereal. 4. Food and Beverage industries manufacturing or producing—
(i) Snacks; (ii) Non-alcoholic beverages; (iii) Confectionery including chocolate; (iv) Pasta products;
(v) Processed spices, etc.; (vi) Processed pulses; (vii) Tapioca products. 5. Milk and milk based product industries manufacturing or producing—
(i) Milk powder; (ii) Cheese; (iii) Butter/ghee; (iv) Infant food;
(v) Weaning food; (vi) Malted milk food. 6. Food packaging industry. 7. Paper products industry. 8. Jute and mesta products industry. 9. Cattle or poultry or fishery feed products industry. 10. Edible Oil processing or vanaspati industry. 11. Processing of essential oils and fragrances industry. 12. Processing and raising of plantation crops—tea, rubber, coffee, coconuts, etc. 13. Gas based Intermediate Products Industry manufacturing or producing— (i) Gas exploration and production; (ii) Gas distribution and bottling; (iii) Power generation; (iv) Plastics; (v) Yarn raw materials; (vi) Fertilizers; (vii) Methanol; (viii) Formaldehyde and FR resin melamine and MF resin; (ix) Methylamine, Hexamethylenetetramine, Ammonium bi-carbonate; (x) Nitric Acid and Ammonium Nitrate; (xi) Carbon black; (xii) Polymer chips. 14. Agro forestry based industry. 15. Horticulture industry. 16. Mineral based industry. 17. Floriculture industry. 18. Agro-based industry. PART B FOR THE STATE OF SIKKIM S. No. Activity or article or thing or operation 1. Eco-Tourism including Hotels, Resorts, Spa, Amusement Parks and Ropeways. 2. Handicrafts and handlooms. 3. Wool and silk reeling, weaving and processing, printing, etc. 4. Floriculture. 5. Precision Engineering including watch making. Electronics including computronics hardware and software and Information Technology (IT) related 6. industries. Food processing including Agro-based industries. Processing, preservation and packaging of fruits and 7. vegetables (excluding conventional grinding/extraction units). 8. Medicinal and aromatic Herbs—Plantation and Processing. 9. Raising and processing of plantation crops, i.e., tea, oranges and cardamom. 10. Mineral based industry. 11. Pharma products. 12. Honey. 13. Biotechnology. PART C FOR THE STATE OF HIMACHAL PRADESH AND THE STATE OF UTTARANCHAL S. Activity or article or 4/6 digit Sub-class under NIC ITC(HS) classification 4/6 N thing or excise classification on 1998 digit o operation classificatio . n 1. Floriculture 0603 or 060120 or 06029020 or 06024000 2. Medicinal herbs and aromatic herbs, etc., processing 3. Honey -040900 4. Horticulture and agro-based industries such as 15135 to 15137 and 15139 21.03 (a) Sauces, ketchup, etc. 2202.40 (b) Fruit juices and fruit pulp 20.01 (c) Jams, jellies, vegetable juices, puree, pickles, etc. (d) Preserved fruits and vegetables (e) Processing of fresh fruits and vegetables including packaging (f) Processing, preservation, packaging of mushrooms 5. Food Processing Industry excluding those 19.01 to included in the 19.04 Thirteenth Schedule 6. Sugar and its by- 17019100 products 7. Silk and silk products 50.04 17116 50.05 8. Wool and wool 51.01 to 17117 products 51.12 S. Activity or article or 4/6 digit excise Sub-class under NIC ITC(HS) classification No. thing or operation classification classification on 1998 4/6 digit 9. Woven fabrics (Excisable 6101 to 6117 garments) 9506.00 10. Sports goods and articles and equipment for general physical exercise and equipment for adventure sports/activities, tourism (to be specified, by notification, by the Central Government) 11. Paper and paper products excluding those in the Thirteenth Schedule (as per excise classification) 12. Pharma products 30.03 to 30.05 13. Information and 84.71 30006/7 Communication Technology Industry, Computer hardware, Call Centres 14. Bottling of mineral water 2201 15. Eco-tourism including 55101 hotels, resorts, spa, entertainment/ amusement parks and rope-ways 16. Industrial gases (based on atmospheric fraction) 17. Handicrafts