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    Deduction u/s 80C - Hindu undivided family is entitled to deductions only in respect of any sums paid in the previous year by the assessee out of its ...
    The pendency of Revenue Audit objections awaiting settlement and of Internal Audit objections awaiting rectification
    Gross rent - House property - Deduction of expenditure for electricity relating to lights in passages, stair cases privies, washing places compound et...
    Whether both transferor company and transferee company should move High Court for direction where companies involved in amalgamation are incorporated ...
    Company - Tax arrears - unable to pay - compulsory liquidation
    Board meetings when to meet ‑ Interval between board meetingsWhether expression “every three months” used in the section means three months ...
    Scope of provision of the section requiring deduction of tax at source from insurance commission explained
    Information as to pending liquidation ‑ Delay in filing of statements by, liquidators ‑ Whether can be condoned by Government
    Deduction u/s 80MM - approval of agreements
    Deduction of tax at source--Income-tax deduction from "salaries"--Exemption of House Rent Allowance under section 10(13A) of the Income-tax Act, 1961.
    Affixing the seal of the company on the Form of guarantee to be furnished under section 230 of the Income-tax Act, 1961 - liability of employer for th...
    Mode of valuing the net wealth of a firm/association i.e. whether the net wealth of a firm is to be determined in accordance with the provisions of th...
    Winding up by court ‑ Petition for winding up ‑ Management to be asked about non‑payment of debts before approving presentation of p...
    Impress upon the Assistant Controllers of Estate Duty the need for looking into the income-tax, wealth-tax and gift-tax records of the deceased to ens...
    Statistics of arrears
    Summons under section 131 of the Income-tax Act, 1961 to an Editor of a News weekly asking for certain particulars in respect of certain articles
    Jurisdiction for authorising a prosecution under section 276(b), 276(d) and 276B
    Notice u/s 139(2) in case of income below rs. 7,500/-
    Time schedule for submission of proposals to the Board
    Contribution to recognised provident fund - Trustees of funds allowed to make provision that payment to nominee will be sufficient discharge of liabil...
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    Circulars
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    Deduction u/s 80C - Hindu undivided family is entitled to deductions only in respect of any sums paid in the previous year by the assessee out of its income chargeable to tax, to effect or to keep in force an assurance on the life of any member of the family.
    Show AI Summary
    Deduction under section 80C: HUF eligible only for life assurance payments; provident fund and post office deposits not eligible.
    A Hindu undivided family may claim deductions under section 80C only for sums paid out of its income chargeable to tax to effect or keep in force a life assurance on a family member; contributions by a HUF to the Public Provident Fund or to 10 or 15 year Post Office cumulative time deposit accounts are not deductible, as those deposit deductions are confined to individuals, and authorities were instructed to issue clarifications and review past assessments where such deductions were allowed.
    The pendency of Revenue Audit objections awaiting settlement and of Internal Audit objections awaiting rectification
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    Audit pendency reduction directive mandates staged decreases and strict short-term rectification timelines with coordinated action and reporting.
    Instruction directs expedited settlement of pending Revenue Audit objections and Internal Audit rectifications by enforcing existing time limits, treating rectificatory action as settlement without awaiting collection, consulting Accountants General to obtain outstanding replies, and requiring IAPs to prepare draft rectification orders. Commissioners must supervise staged reductions in pendency, submit monthly compliance reports, and ensure complete liquidation of internal audit rectifications by the prescribed terminal deadline while strictly adhering to the short rectification time limit.
    Gross rent - House property - Deduction of expenditure for electricity relating to lights in passages, stair cases privies, washing places compound etc. and gardeners and sweepers salaries.
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    Deductible common-area expenses: assessors may allow electricity and gardener/sweeper salary deductions where municipal valuation omits them.
    Where municipal valuation applies a general statutory allowance but omits specific allowances for electricity to common areas and gardeners' and sweepers' salaries, the Income-tax Officer must add back the statutory allowance to arrive at gross annual value and may allow deduction for those specific expenditures after verifying that the local authority did not already make such allowances.
    Whether both transferor company and transferee company should move High Court for direction where companies involved in amalgamation are incorporated in different States
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    Identity of interests in amalgamation requires both transferor and transferee to obtain separate judicial directions when incorporated in different jurisdictions.
    Where an amalgamation creates an identity of interests between transferor and transferee, approval of shareholders of both companies is required and both companies should apply under the relevant statutory provisions; if companies are incorporated in different States, each should seek its respective High Court's directions under the Companies (Court) Rules, while if both are in the same State the petitioning company should make the other a party to the petition.
    Company - Tax arrears - unable to pay - compulsory liquidation
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    Company inability to pay: tax arrears can justify a statutory winding-up notice, subject to prior commissioner approval.
    A company defaulting on tax dues may be deemed unable to pay if, after service of a statutory demand under section 434(1)(a) of the Companies Act, it fails within three weeks to pay, secure, or compound the debt; the department may then move for winding up. Liquidation is to be used only after exhausting all other recovery methods and in cases of continuing default. An Income-tax Officer must obtain prior approval of the Commissioner or Additional Commissioner before issuing such a notice.
    Board meetings when to meet ‑ Interval between board meetingsWhether expression “every three months” used in the section means three months taken together
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    Interpretation of "every three months" confirms boards must hold at least one meeting within each successive three month period.
    Interpretation of the timing requirement treats "every three months" as three months taken together: the board meets at least once within each consecutive three month period (any date within that span suffices), and compliance is assessed prospectively by reference to successive three month intervals rather than by retrospective calculations.
    Scope of provision of the section requiring deduction of tax at source from insurance commission explained
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    Deduction of tax at source on insurance commission requires payers to deduct and remit tax when paying resident individuals.
    Section 194D requires deduction of tax at source on payments of insurance commission to resident individuals at prescribed rates, with deduction made at the time of credit or payment; payments to non-residents fall under separate non-resident provisions. Recipients may obtain certificates for lower or nil deduction; deducted tax must be rounded to the nearest rupee, remitted to the Government within one week, and a certificate of deduction issued to the payee. Forms and detailed rules are to be prescribed.
    No. 8 - 22-05-1973 Companies Law
    Information as to pending liquidation ‑ Delay in filing of statements by, liquidators ‑ Whether can be condoned by Government
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    Condonation of delayed filing of liquidator statements rests with the court; Registrar may accept belated filings on payment.
    Delay in filing liquidator statements cannot be condoned by the Central Government and must be addressed by the court under the court rule; failure to file is punishable and the liquidator should seek the court's leave. The Registrar may accept belated statements on payment of an additional fee, but acceptance does not remove the default or its consequences. A prior exemption from filing fees for certain liquidator documents has been withdrawn.
    Deduction u/s 80MM - approval of agreements
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    Approval authority for section 80MM vested in central tax board; relief denied where other ministries granted approvals.
    The statutory authority to approve agreements for claiming deductions under section 80MM vested exclusively in the Central Board of Direct Taxes with effect from 1 April 1972, and approvals granted by any other Ministry after that date are invalid; income-tax officers are instructed not to allow relief under section 80MM where approval was granted by any authority other than the Central Board after that cutoff.
    Deduction of tax at source--Income-tax deduction from "salaries"--Exemption of House Rent Allowance under section 10(13A) of the Income-tax Act, 1961.
    Show AI Summary
    House Rent Allowance exemption reference corrected; tax deduction from salaries follows the amended rule citation for withholding administration.
    The circular corrects an earlier instruction by substituting the incorrect citation "rule 2A of the Income-tax Rules, 1961" with "rule 2A of the Income-tax Rules, 1962," thereby aligning the administrative guidance on deduction of tax at source from salaries and the exemption for House Rent Allowance with the proper regulatory reference for withholding and payroll administration.
    Affixing the seal of the company on the Form of guarantee to be furnished under section 230 of the Income-tax Act, 1961 - liability of employer for the tax liability of the employee after his return to India
    Show AI Summary
    Tax guarantee under section 230: employer-signed or authorized unstamped guarantees accepted; guarantee continues after return.
    The I.T.O. may accept a Form of guarantee under section 230 without the company seal if satisfied by the Articles of Association, power of attorney or other documents that the signatory is duly authorized. Guarantees are to remain in force until the individual's return and for a further period thereafter, subject to the individual remaining in the country for that period and the company promptly notifying the Income-tax Officer; I.T.O.s must ensure timely recovery of taxes on return.
    Mode of valuing the net wealth of a firm/association i.e. whether the net wealth of a firm is to be determined in accordance with the provisions of the wealth-tax Act or in accordance with commercial principals
    Show AI Summary
    Net wealth valuation: whether firm net worth follows Wealth tax Act definitions or commercial accounting principles.
    Whether a firm's net wealth for valuing a partner's interest is determined by the Wealth tax Act's definition or by commercial principles under Rule 2(1). Rule 2(1) requires first determining the firm's net wealth on the valuation date and then allocating it among partners; courts differ on whether exclusions in the Act's asset definition apply to that computation. The Board has accepted the view that the Act's definition governs the firm's net wealth for Rule 2 purposes.
    Winding up by court ‑ Petition for winding up ‑ Management to be asked about non‑payment of debts before approving presentation of petitions under sub‑section (5)
    Show AI Summary
    Winding up petitions: require management confirmation of creditor complaints and present ability to meet liabilities before sanctioning.
    Regional Directors must not approve presentation of winding up petitions solely on account of historical accounts showing excess liabilities; they must ask company management whether creditors have complained about non payment, whether the company can meet current liabilities, and if so, how, to ensure the petition has a sound factual basis.
    Impress upon the Assistant Controllers of Estate Duty the need for looking into the income-tax, wealth-tax and gift-tax records of the deceased to ensure that the estate duty assessment is net at variance with the information available in these records.
    Show AI Summary
    Estate duty record reconciliation: Require checking income, wealth and gift tax files to prevent underassessment and mandate interdepartmental death notification.
    Directs Assistant Controllers of Estate Duty to examine deceased persons' income-tax, wealth-tax and gift-tax records to identify valuation discrepancies that could cause underassessment of estate duty, and reiterates that Income-tax and Wealth-tax officers must notify and supply further relevant information to the Assistant Controller upon learning of an assessee's death with significant estate duty potential.
    Statistics of arrears
    Show AI Summary
    Recheck of income-tax arrears statistics: annual inspections by Inspecting Assistant Commissioners and Commissioners to ensure correct postings.
    A directive requires the Inspecting Asst. Commissioner to inspect Income-tax Officers' offices annually to verify that arrears and collections are correctly posted, using the Head Clerk to assist; Commissioners must select five or six offices already checked and perform a thorough annual inspection to confirm arrears statistics are properly maintained and that necessary action has been taken, and these instructions must be communicated to all officers and staff.
    Summons under section 131 of the Income-tax Act, 1961 to an Editor of a News weekly asking for certain particulars in respect of certain articles
    Show AI Summary
    Journalist source protection: tax officers must refrain from summoning newspaper editors over published articles pending legal guidance.
    Income-tax officers are directed to refrain from issuing summons under section 131 to editors of newspapers and magazines seeking particulars about published articles, acknowledging journalists' asserted right to refuse disclosure of sources and avoiding actions seen as infringing press freedom; the Board will consult the Law Ministry on broader treatment and issue fresh instructions before any further measures.
    Jurisdiction for authorising a prosecution under section 276(b), 276(d) and 276B
    Show AI Summary
    Jurisdiction for tax deduction prosecution: Commissioner over the person responsible must authorise, or separate authorisations if jurisdictions differ.
    Jurisdiction for authorising prosecution depends on the person responsible for deduction and payment: for a company that includes the company and its principal officer, and for a firm the firm and its partners. The Commissioner with jurisdiction over that person must authorise prosecution; if the company/firm and the principal officer/partner fall under different jurisdictions, the respective Commissioners must issue separate authorisations.
    Notice u/s 139(2) in case of income below rs. 7,500/-
    Show AI Summary
    Notice under section 139(2): send return forms to all persons on the GIR despite periodic notice formula.
    The Board directs that, although notices under the notice provision for low-income cases should be issued periodically in accordance with the established formula, forms of return must nevertheless be sent to all cases recorded on the Government Index Register (GIR); officers in each charge are to advise staff accordingly and ensure compliance.
    Time schedule for submission of proposals to the Board
    Show AI Summary
    Timely submission of Board proposals: ensure pre-limitation filing and Board clearance for references and appeals.
    Proposals for references and appeals must be submitted to the Board in advance of limitation: reference applications under Sections 256(1) and 256(2) four weeks before expiry, and leave to appeal and special leave petitions six weeks before expiry. The Board reiterates that this time schedule is mandatory, disapproves provisional filing before Board clearance, and requires that, except to save limitation in exceptional cases, proposals be cleared by the Board prior to filing.
    Contribution to recognised provident fund - Trustees of funds allowed to make provision that payment to nominee will be sufficient discharge of liabilities - Clause (iv) of sub-section (1) read with rules 67A and 101A of Income-tax Rules
    Show AI Summary
    Nominee entitlement: payment to nominee can discharge trustees' liabilities, permitting recognition of trust deeds if rules satisfied.
    Trustees of recognised provident funds may include a clause that payment to the nominee or nominees constitutes sufficient discharge of the trustees' liabilities; nominees are entitled to receive the subscriber's balance without automatic requirement of probate or letters of administration, though trustees may require a grant of representation if they deem it necessary; trust deeds with such a payment-discharge provision should not be refused recognition if other rule conditions are satisfied.

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      Wife or minor child of individual incurs loss, which if it were income would be includible in income of that individual - Whether such loss should be treated as if it were loss sustained by that individual

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      Spousal attribution of losses: losses of wife or minor child treated as individual's loss permitting set-off and carry forward.
      Losses incurred by a wife or minor child from sources whose income would be includible in an individual's income may be set off against that individual's ... Summary

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      ActsIncome Tax