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    Circulars
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    Inordinate delay in registering transfers, endorsing calls, sub‑dividing and consolidating share certificates and returning defective documents
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    Timely processing of share documents: listed companies must return transfers and defective papers within short prescribed periods to protect liquidity.
    Government directs recognised stock exchanges to ensure listed companies complete registration of transfers, endorsement of calls and subdivision or consolidation of share certificates within two to three weeks of lodgement and, in any event, within the one month period of the listing agreement. Defective or incomplete documents must be scrutinised promptly and returned forthwith, and at latest within one week, with a memo stating the defect. Share certificates for new capital, rights or bonus issues must be issued in the market trading unit. Exchanges should require companies to adopt arrangements and delegate authority where necessary to secure compliance.
    Whether an order u/s 61 of the Estate Duty Act is appealable.
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    Appealability of rectification orders under Estate Duty Act affirmed; appeal lies where rectification increases an individual's duty liability.
    The Ministry of Law advised that a rectification order under section 61 is appealable under the residuary clause (b) of section 62 because it alters an individual's liability to estate duty to his detriment and is relatable to the property passing on death; departments were instructed to note this view and withdraw pending contrary appeals.
    Instalment of advance tax due to be paid by 15th September 1979.
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    Deemed payment of advance tax extended for delayed deposits owing to bank disruptions, allowing payment within the extended period.
    The Government directed that the instalment of advance tax due on 15th September 1979 shall be deemed to have been paid in time for all purposes of the Act if it was paid on or before 22nd September 1979; this administrative condonation was issued in response to bank counter disruptions that prevented taxpayers from tendering payment on the scheduled date.
    Classification of decision of High Court during 1st October 1977 to 31st December 1977.
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    Classification of judicial decisions directing when appeals are authorised and how unaccepted decisions are categorised for circulation.
    The Board classified High Court decisions for the quarter ending 31 December 1977 into Statements B, C and D to record the Department's appellate response: Statement B covers non-accepted decisions where Supreme Court appeals were not authorised for administrative reasons; Statement C covers non-accepted decisions where Supreme Court appeals were authorised; Statement D (Part I and II) records cases where leave or special leave petitions were refused. Statement A has been discontinued and circulation to officers and authorised representatives is required.
    Decisions of the High Court during the period from 1.1.77 to 30.9.77.
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    Decision classification and appeal authorisation framework explains when appeals are pursued or withheld.
    Classification of High Court decisions sets out categories for Departmental response and escalation. Statement B covers non-accepted decisions where Supreme Court appeals were not authorised for reasons such as low revenue or existing Supreme Court adjudication; Statement C lists non-accepted decisions where Supreme Court appeals were authorised; Statement D records cases where High Courts refused leave and the Board accepted those refusals. A Part I/Part II division distinguishes leave refusals and special leave denials. Statement A for accepted decisions has been discontinued.
    Power of ITO u/s 220(6) of the Income tax act 1961.
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    Set-off under section 245 may be applied against disputed tax despite non-default treatment under section 220(6).
    The Board concluded that the power to set off refundable amounts under section 245 may be exercised notwithstanding that an assessee has been treated as not in default under section 220(6); the tax liability remains in existence distinct from its enforcement. The Board distinguished prior instructions on abeyance under section 220(7) as not relevant to non-default treatment, directed that orders should use the statutory phrase "treated as not being in default" rather than "stay," and reiterated the requirement to give written intimation before adjustment under section 245.
    Receipt of application u/s 245C of Income-tax Act, 1961/22C of the Wealth-tax Act, 1957.
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    Settlement Commission power to override commissioner's objection allows fresh reports and commissioner revision of views upon reconsideration.
    The Settlement Commission must obtain a report from the Commissioner under section 245D(1)/22D(1); amendments effective from 1 April 1979 allow the Commission to examine and overrule objections after hearing the Commissioner. If the Commission has disposed of an application refusing to proceed, an assessee cannot directly seek reconsideration by the Commissioner. If the Commission reopens the matter and calls for a fresh report, the Commissioner may revise his prior objection on the basis of fresh facts or misappreciation. A Commissioner's report is administrative, not judicial or quasi judicial, and must be exercised with statutory seriousness.
    Types of payments.
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    Tax Deduction at Source expansion mandates dedicated TDS cells, sample salary-return checks in metros, and reporting by authorities.
    Tax Deduction at Source applies to a specified list of payment types including salaries, annuities, interest, dividends, contractor payments, insurance commissions and non-resident payments. The Instruction mandates sanctioned ITOs to act as ITOs Salary Circle to check annual salary returns, recover short payments or deductions and process defaults; encourages establishment of dedicated TDS Cells to maintain registers, collection records and liaise for discovery of deductors; allows sample checking of salary returns in eight metropolitan centres to clear backlogs and requires Commissioners to report organisational arrangements, staff deployment and collection improvements to the Board by the stated deadline.
    Audit objections.
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    Reopening assessments based on audit objections: preserve initiated reassessments and prefer supervisory revision where feasible.
    The Board instructs that reassessment proceedings already initiated on the basis of audit objections must not be dropped pending review of a court decision questioning whether audit objections constitute information sufficient to reopen assessments; the scope of that decision is under consideration with the Ministry of Law. For future remedial action, authorities should, where feasible, prefer exercise of supervisory revision powers rather than initiating reassessment under the reopening provision.
    Liability of the trustees u/s. 53(1)(b) of the Estate Duty Act-Payment to be made to legal heirs/nominees of the deceased members of provident funds, etc.-Clarification regarding
    Show AI Summary
    Trustee liability under estate duty permits limited payments to heirs without clearance if affidavit and indemnity are furnished.
    Section 53(1)(b) of the Estate Duty Act makes trustees personally liable for estate duty on assets they managed. The Board authorised limited administrative exceptions allowing trustees to pay accumulated provident fund and certain insurance benefits without an estate duty clearance certificate where claimants provide an affidavit denying estate duty liability and an indemnity bond; trustees remain statutorily liable and may meet any duty from fund reserves and seek recovery from payees under the indemnity.
    Appointments of Officers of the rank of Assistant Commissioner u/s 12A of the Wealth-tax Act, 1957.
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    Valuation Officer appointments under wealth-tax rules: reappointments allowed and eligibility requires company-circle service or commerce/CA qualification.
    Approval is granted for appointing Assistant Commissioners as Valuation Officers for shares and securities; officers whose earlier valuation appointments were cancelled on promotion may be reappointed. Appointment proposals may include Income-tax Officers and Assistant Commissioners provided the officer has worked in Company Circles, or is a Commerce graduate, or is a Chartered Accountant.
    Central Board of Direct Taxes empowers the following Deputy Directors of Inspection and Inspecting Asstt. Commissioners to authorise action under section 132(1)
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    Search and seizure powers: specified Deputy Directors of Inspection and Inspecting Assistant Commissioners may authorise action under section 132(1).
    The Central Board of Direct Taxes delegates authority to authorise action under section 132(1) to Deputy Directors of Inspection posted in the Directorate of Inspection (Investigation) and working under the Director of Inspection (Investigation), Deputy Directors of Inspection posted in the Intelligence Wings, and the Inspecting Assistant Commissioner of Income-tax.
    Empowering Deputy Directors of Inspection and Inspecting Assistant Commissioners to authorize searches u/s 132(1) of the Income-tax Act and 37A(1) of the Wealth-tax Act
    Show AI Summary
    Authorization of searches limited to consequential searches; officers must record reasons and promptly report proceedings.
    Deputy Directors of Inspection and Inspecting Assistant Commissioners are empowered to authorize searches u/s 132(1) of the Income-tax Act and 37A(1) of the Wealth-tax Act, but such powers must be used only for consequential searches arising during ongoing authorized searches and only after recording reasons. Preliminary search reports must be sent in the prescribed proforma to the Directorate of Inspection (Investigation) and the Board for close supervision, and a critical appraisal of the searches and their effectiveness must be reported to the Board by the specified deadline.
    Commissioners' charge-wise demand.
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    Timing of tax demands: assess and dispose large-demand cases by December to secure year-end revenue collections.
    The instruction notes a heavy concentration of tax demands raised in March 1979-30.33% of the year's total-and warns that substantial year end demands primarily create arrears and harm budget collections; it directs officers to plan work so that assessments generating large demands are disposed of preferably by 31st December to enable collections within the same financial year.
    Prompt service to the tax payers.
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    Prompt service to taxpayers: Special Cell established to expedite refunds and ensure rapid redress of refund-related complaints.
    A Special Cell under the Chairman will handle taxpayer grievances about delays in direct refund claims, refund vouchers, appellate order implementation, section 146 applications, and crediting of prepaid taxes; complaints will be forwarded to the concerned Commissioners for redress and reporting within seven days, Commissioners should reorganise Refund Circles as needed to ensure direct refund claims are disposed of within one month, and Public Relations Offices must be strengthened to attend to complaints promptly.
    Exemption from income-tax U/s 10(14), Finance Act, 1975.
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    City compensatory allowance taxability under amended provision affirmed; officers instructed to rely on the decision and proceed.
    The amendment to the exemption provision excludes allowances given to meet personal expenses at the place of duty or residence; the Allahabad High Court held that City Compensatory Allowance, being granted with reference to place of posting to meet higher living costs, is not exempt. Commissioners and Appellate Officers are directed to rely on that decision when deciding appeals on CCA, and if a tribunal follows contrary High Court authority it should be asked to refer the conflicting question to the Supreme Court.
    Offence compounded u/s 279(2) on payment of certain composition fee.
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    Offence compounding requires the taxpayer's consent and confirmed payment arrangements to prevent procedural complications.
    The Board directs that no order compounding an offence under section 279(2) should be issued unless the assessee expressly agrees to the proposed composition fee and has made satisfactory arrangements for its payment, to avoid procedural complications from non payment.
    Double Taxation Avoidance Agreement between the Governments of India and Malaysia.
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    Taxation of foreign government pensions: source and residence may both tax, with double-tax relief available.
    Article 18(3) permits a Government to tax pensions it pays, using permissive language "may"; this allows both the payor State and the residence State to tax a government pension, and any resulting double taxation is to be relieved under the Treaty's double-tax relief provision.
    Para 19.04 of the Minutes of the Conference of Commissioners of Income-tax.
    Show AI Summary
    Briefing requirements for departmental representatives: officers must prepare full factual and point by point briefs and supply flagged records.
    Income tax Officers must, on receipt of grounds of appeal, prepare comprehensive briefs containing a factual narration and point by point rebuttals with references to flagged documents; where facts are complex or revenue stakes are high, or in search and seizure cases, Commissioners may direct the assessing ITO to assist the Departmental Representative and aid paper book preparation. The brief, copies of orders, and the memo of appeal with grounds must be sent to the Departmental Representative through the Commissioner, with the original memo returned for verification, and Commissioners must ensure assessment records reach the representative before hearing.
    Stay of demands.
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    Stay of demand: expedite appeal hearings and use supervisory powers to reduce and recover disputed tax.
    A study of 240 stayed tax demands showed disputes-especially miscellaneous additions and estimated gross profits-were the main cause, with stays often granted by Income tax Officers and security seldom taken. The Board directs avoiding high pitched assessments, full use of supervisory powers under sections 144A and 144B by Inspecting Assistant Commissioners to curb needless additions, and active steps to expedite appeals (requests for early hearings, Tribunal follow up, counsel action) together with continuous monitoring to enable prompt recovery when appeals are decided.

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      Companies Law

      Inordinate delay in registering transfers, endorsing calls, sub‑dividing and consolidating share certificates and returning defective documents

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      Timely processing of share documents: listed companies must return transfers and defective papers within short prescribed periods to protect liquidity.
      Government directs recognised stock exchanges to ensure listed companies complete registration of transfers, endorsement of calls and subdivision or ... Summary

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      ActsIncome Tax