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    Finance Act, 2006 - Explanatory Notes on provisions relating to Direct Taxes
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    Income tax rate structure updated, alongside broad amendments to exemptions, anti abuse rules and tax compliance procedures.
    Specification of income-tax rates and surcharge/education cess for assessment year 2006-07, with detailed rate tables for individuals, co-operative societies, firms, local authorities and companies; amendments to TDS/TCS and salary withholding rates. Substantive changes include temporal and definitional amendments to exemptions and deductions (aircraft lease rentals, infrastructure investments, charitable institution rules), anti-abuse clarifications (14A methodology, foreign tax double-benefit exclusion, interest conversion disallowance under 43B), transfer pricing and MAT adjustments, and extensive administrative reforms affecting PAN/TAN, return procedures, TDS/TCS dematerialisation and compliance penalties.
    CBDT revamps refund claims procedure; No interest on belated refund claims; No refund claims to be entertained beyond six years period.
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    Condonation of delay in refund claims: delegated field authority subject to verification, time bar, and no interest on late claims.
    Revision of the refund-claim procedure delegates authority under section 119(2)(b) by monetary bands to field officers while the Board retains larger claims; delegation applies where refunds arise from excess tax deduction or advance tax, the income is not assessable in another person's hands, and the claim is genuine. Refunds beyond a six-year time bar are barred and no interest is payable on belated refund claims; delegated officers may require enquiries or scrutiny to verify correctness, and pending applications are covered.
    Search and seizure assessments
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    Search and seizure assessment procedures emphasize time-bound appraisal, evidentiary handling, and safeguards for assessment integrity.
    Search and seizure assessments require a prompt, joint scrutiny of appraisal reports and seized material and preparation of a timely Action Note identifying notices to be issued, cases for centralisation, third party enquiries, proposals for special audit, and treatment of electronic and handwritten evidence. Post return, the Assessing Officer must map evidence to proposed additions, issue detailed questionnaires tied to annexures, verify affidavits and third party information, and develop an evidence based modus operandi to reach conclusions on the preponderance of probabilities before issuing a comprehensive show cause notice and passing a speaking assessment order that records satisfaction for penalty initiation.
    CBDT asks AOs not to allow deduction for interest in case of provisions for Micro, Small and Medium Enterprises Development Act.
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    Interest deduction prohibition under MSMEDA bars buyers from claiming interest as a tax deduction in income tax computation.
    Section 23 of MSMEDA disallows, for income tax computation, any amount of interest payable or paid by a buyer under or in accordance with the Act. Section 22 mandates audited buyers to disclose separately principal and interest outstanding, interest paid, accrued unpaid interest, and further interest due, enabling assessing officers to ascertain and disallow interest claimed as a deductible expenditure.
    Secret Service expenditure
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    Secret service expenditure controls require internal monitoring, registers, annual inspection and submission of utilization certificates.
    Controlling Officers must allocate Secret Service Fund monies to spending officers, require maintenance of contingent expenditure registers, conduct at least one annual administrative inspection, and ensure submission of Utilization Certificates to Pay and Accounts Offices and the office of the Accountant General by the prescribed deadline. Proposals for augmentation of the fund in-year are restricted and must be supported by details of raids, seizures and revenue attributable to the spending. Controlling Officers must furnish a confirmation report evidencing compliance and financial controllers must instruct PAOs to monitor receipt of utilization certificates.
    Section 194C of the Income-tax Act, 1961 - Deduction of tax at source - Payments to contractors and sub-contractors - Applicability of TDS provisions of section 194C on Contract for Fabrication of Article or Thing as per Specifications given by the Assessee - Contradiction between two Circulars of C
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    TDS under Section 194C applies only to contracts for work, not to contracts that are effectively sales of fabricated goods.
    Payments for manufacture or fabrication to an outside party under specifications will attract tax deduction under section 194C only if the arrangement is, on its true construction, a contract for work; where property in the fabricated article passes to the assessee only on delivery and the arrangement amounts to a contract of sale, section 194C does not apply.
    Release of cash deposited in the PD Account.
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    Release of seized cash: instruction mandates prompt adjustment and release after assessment, retaining only expected penalty amounts.
    Seized cash in the PD Account must be applied first to existing liabilities and liabilities determined on search-and-seizure assessment under Section 132B, with any balance released and interest payable. Assessing officers must release cash promptly where its nature is satisfactorily explained, or within one month of assessment after adjusting for demands and retaining only amounts sufficient for expected penalties; balances must be reviewed and adjusted on appellate orders and past PD holdings examined for retrospective release.
    Allocation of work for CIT (DRs) and SDRs.
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    Work allocation for tax department representatives sets mandatory categories and reporting duties for tribunal advocacy.
    Allocation of responsibility for representation before the income-tax appellate tribunal assigns core search and block assessment cases, Special Bench or Third Member Bench references, revision-provision appeals, scam-related matters, and appeals exceeding prescribed monetary thresholds to CIT(DRs), with all other appeals to be handled by Senior Departmental Representatives; CCIT may exceptionally reassign cases, and both CIT(DRs) and Sr. DRs must submit monthly performance reports in a Board-prescribed proforma.
    New return Form No. 1 for companies for assessment year 2006-07 furnishing of return by representative assessees of non-residents
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    Electronic filing requirement for corporate returns excluded agents of nonresidents due to multiple-agent software constraints.
    Form No. 1 was notified as the mandatory electronic return format for companies, but because the e-filing software enforces a one-assessee-one-PAN-one-return model and cannot accommodate multiple agents or agents representing multiple nonresidents, agents acting as representative assessees of nonresidents are not required to electronically furnish nonresident returns in Form No. 1 for the relevant assessment year.
    Allocation of work for CIT (DRs) and SDRs.
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    Allocation of appellate representation directs who will represent high-value and special-category tax appeals before the tribunal.
    Allocation of appellate representation before the Income Tax Appellate Tribunal assigns CIT(DRs) to represent core search and block assessment appeals and other search-related matters as designated by the CCIT; appeals before Special Benches or Third Member Benches; appeals under section 263; scam-related matters; and appeals exceeding specified city-based monetary thresholds. Sr. DRs handle all other appeals. The CCIT may reassign cases in exceptional circumstances, and both categories must submit monthly performance reports in a proforma to be provided.
    INCOME-TAX DEDUCTION FROM SALARIES DURING THE FINANCIAL YEAR 2006-07 UNDER SECTION 192 OF THE INCOME-TAX ACT, 1961
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    Tax Deduction from Salaries: employers must compute and deduct income tax from salary payments using prescribed procedures.
    Employers must estimate salary income inclusive of perquisites, compute tax at prescribed rates by reference to age and gender, and deduct tax on average at each payment under section 192; employers may opt to pay tax on non-monetary perquisites by computing an average rate on total salary inclusive of such perquisites and depositing tax at the time of payment, and must obtain and retain employee declarations and furnish prescribed certificates and returns in specified formats.
    Audit procedure streamlined.
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    Revenue audit procedure: consolidated timelines and accountability for handling audit objections and initiating remedial action.
    Instruction No. 9/2006 consolidates procedures for Revenue Audit objections: maintain registers and AST records, cooperate with Revenue Audit parties, require three day AO replies to Audit Memos, and set timelines for AO, Range and CIT responses. It prescribes supervisory accountability, ledger cards, calling explanations for failures to follow instructions or for manifest errors, initiation of remedial action within prescribed periods unless barred by specified judicial precedents or Board approvals, and standardised Proforma Reports and ATN preparation for Draft Paras, with DIT(Audit) monitoring compliance.
    Certificate for lower deduction or non-deduction of tax.
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    Certificates for lower or non-deduction under Section 197 must follow prescribed rules and obtain prior approval before issuance.
    Issuance of certificates for lower or non-deduction under Section 197(1) must be strictly in accordance with rule 28AA or rule 28AB; certificates must not be issued outside those rules. Assessing officers must obtain prior administrative approval from the Range JCIT/Addl. CIT, who must verify rule compliance before authorising issuance, and a record of each certificate must be maintained in the assessing officer's office.
    Extension of due date for obtaining audit report and filing of returns of income and fringe benefits by companies
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    Extension of filing deadline for company audit reports and income and fringe benefit returns granted under income tax powers.
    The Central Board of Direct Taxes, under section 119, extended the due date for companies (other than those assessed or assessable in the State of Gujarat) to obtain the audit report under section 44AB and to furnish the return of income under section 139(1) and the return of fringe benefits under section 115WD(1) for the specified assessment year, by administrative order.
    Filing of Return of Income by the Coffee growers being individuals covered by Rule 7B of the Income tax Rules, 1962 - Clarification regarding
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    Filing requirement for coffee growers: taxable portion computed at 25% or 40% of coffee income decides return obligation.
    An individual coffee grower need not file a return if the aggregate of the prescribed taxable fraction of coffee receipts (25% for growing and curing; 40% for growing, curing, roasting and grounding, with or without mixing) plus other taxable income is equal to or less than the basic exemption (first-slab) applicable to that individual in the relevant assessment year.
    Income-tax Act, 1961 : Order under section 119 : Extension of due date for filing of returns as well as for obtaining tax audit report on ground of disruption caused due to heavy rains/floods in the State of Gujarat
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    Extension of Filing Deadlines for tax audits and income-tax returns due to flood disruption, deadline moved to December.
    The Central Board of Direct Taxes, invoking section 119 of the Income-tax Act, 1961, extended the due date for obtaining the tax audit report under section 44AB and for filing income-tax returns that were required to be furnished by 31st October, 2006, to the 31st day of December, 2006, for income-tax assessees in the State of Gujarat owing to disruption caused by heavy rains and floods.
    Centralised processing of returns furnished with Post offices / electronically.
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    Centralised processing of tax returns empowers designated assessing officers to process returns and issue intimations, demands, and refunds under concurrent jurisdiction.
    Centralised processing applies to postal and electronic returns, with regionally designated Assessing Officers granted concurrent jurisdiction to process returns under section 143(1), issue intimations, demand notices and refunds, and carry out rectifications under section 154. Designated officers will centrally collect and store paper returns, correct mismatches between e-returns and paper returns, allow TDS/TCS credit based on return information subject to selective verification, adjust refunds against IRLA liabilities before issuing refunds, and refer potential penalty matters to the Assessing Officer for decision.
    New Return Forms for assessment year 2006-07 - Matters connected thereto
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    Electronic filing requirement: companies must file income-tax returns electronically; limited paper filing follows a two-step procedure.
    New return forms reorganise return categories and require electronic filing options: digitally signed e-returns or a two-step electronic transmission followed by a paper return. Corporate taxpayers must e-file. New forms must be submitted without attachments; taxpayers must retain supporting documents, obtain the tax-audit report before the return due date to avoid penalties, and produce originals during assessment. TDS/TCS credit will be allowed on schedules as if certificates were filed. Filing date rules depend on digital signature or timely matching paper returns; e-returns are filed at the designated website and processed on priority.
    Clarification regarding the meaning of the expression the produce of animal husbandry used in sub-clause (ii) of clause (f) of rule 6DD of the Income-tax Rules, 1962
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    Produce of animal husbandry: payments to meat producers avoid disallowance if declaration, payment confirmation and veterinary certificate provided.
    Produce of animal husbandry is defined to include livestock and meat; purchasers who pay otherwise than by account payee cheque or bank draft will not face payment disallowance if seller is a producer. Persons who buy animals from farmers, slaughter them and sell carcasses are treated as producers. The rule 6DD benefit is subject to: a declaration by the payee that he is a producer of meat; confirmation that the non account payee payment was made at his insistence; and a veterinary certificate confirming producer status and supervised slaughtering.
    Income-tax Act, 1961 : Order under section 119 : Extension of due date for filing of returns by Gujarat assessees
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    Extension of return filing deadline for affected assessees due to floods, shifting the July deadline to September.
    The tax administration, exercising powers under the Income tax Act, extended the due date for filing returns that were required to be furnished by 31 July 2006 to 30 September 2006 for assessees in the flood affected area, as an administrative instruction to relieve compliance burdens caused by the severe floods.

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      Allocation of work for CIT (DRs) and SDRs.

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      Allocation of appellate representation directs who will represent high-value and special-category tax appeals before the tribunal.
      Allocation of appellate representation before the Income Tax Appellate Tribunal assigns CIT(DRs) to represent core search and block assessment appeals and ... Summary

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      ActsIncome Tax