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    Mistakes in Computation of Wealth and in calculating Tax Liability:
    Income-tax (Double Taxation Relief) (Dominions) Rules, 1956 providing for grant of double taxation relief with certain dominions - Present position th...
    Wealth tax - exemption of residential house property
    Reports on Draft Audit Para Cases for C & AG's Report for 1972-73 may be sent in the revised form
    Assessment of directors and senior executives of companies - jurisdiction
    Instructions to scrutinise the cases of claims of exemption of unreasonably high amounts
    Renewals of exemption certificates under section 80G of the I.T. Act, 1961
    Policy in regard to prosecution and compounding of technical offences
    Time for filing of applications for registration by charitable and religious trusts - Extended up to August 1973
    Checking of refund cases
    Deduction u/s 80J - When the working of the unit or hotel or ship results in a loss, relief under section 80J will not be admissible for set off again...
    Arrears of Tax - Non recovery of sur tax
    Co-operative societies included in the categories of persons who are to deduct tax at source from payments to contractors and sub-contractors under th...
    Extension of time for filing return for assessment year 1973-74 in cases where returns due to be filed by June 30 or July 31, 1973 - Waiver of interes...
    Whether manufacture of 'radio receivers' and other 'telecommunication equipment' amounted to manufacture of 'electronic equipment'
    Entertainment of claim of additional refund application u/s 237
    Transfer of cases u/s 127
    New income tax office - criteria
    Deduction u/s 80J, 80K, exemption certificates u/s 197 - responsibility of ITO
    Disposal of assessment cases - administrative time limits for the completion of pending Super Profits Tax and Sur-tax cases
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    Circulars
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    Mistakes in Computation of Wealth and in calculating Tax Liability:
    Show AI Summary
    Wealth-tax assessment accuracy: require arithmetic checks and explicit record of asset location and assessee status to prevent errors.
    The Board directs Wealth-tax Officers to verify arithmetical accuracy of returns and totals, and to record explicitly the location and nature of assets and the citizenship and residential status of assessees in assessment orders; these steps are required to prevent recurring errors-such as incorrect rates, double deductions, omitted additional urban-asset tax, and misapplied reliefs-that have produced under- and over-assessments.
    Income-tax (Double Taxation Relief) (Dominions) Rules, 1956 providing for grant of double taxation relief with certain dominions - Present position thereunder
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    Double taxation relief: transition to unilateral relief for former Dominions after independence, affecting resident taxpayers' claims.
    The Dominions Rules, 1956 provided for relief where income was taxed both in India and listed Dominions, prescribing definitions, a formula for refund rates distinguishing residents and non residents, application procedure, a four year limitation for claims and an appeal to the Appellate Assistant Commissioner. Following independence of several Dominions, some governments stated the bilateral arrangements ceased to subsist; consequently, Indian residents' relief for income in those countries is to be given as unilateral relief from the first assessment year after the year of independence, while Sierra Leone agreed to continue the Dominions Rules.
    Wealth tax - exemption of residential house property
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    Exemption for one house under wealth tax now applies to buildings used commercially as well.
    The phrase requiring exclusive residential use was removed effective 1-4-72; consequently the term house in the one-house exemption now includes buildings used for non-residential or commercial purposes, and the exemption applies regardless of commercial use. Officers are instructed to apply this interpretation in administering the wealth-tax one-house exemption.
    Reports on Draft Audit Para Cases for C & AG's Report for 1972-73 may be sent in the revised form
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    Revised reporting form for draft audit paragraphs: Commissioners must submit reports in the prescribed new format for audit reporting.
    Reports on draft audit paragraph cases must be prepared and transmitted to the Board using the newly modified reporting form reproduced with the Instruction, superseding the earlier prescribed format and imposing a compliance obligation on Commissioners to adopt the revised form.
    Assessment of directors and senior executives of companies - jurisdiction
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    Assessment allocation: assign directors' and senior executives' tax cases to officers handling the related company files for coherence.
    Allocation of assessment responsibility for directors and senior executives of significant companies to the Income-tax Officers who handle the companies' own assessments is mandated; where full implementation is impracticable, assignments are to be made by yearly rotation. Transfers within a Commissioner's territory may be effected by the statutory transfer mechanism; where cases fall under different Commissioners, proposals to assign directors' and senior executives' cases to the officer handling the company case must be forwarded to the Board by the prescribed deadline.
    Instructions to scrutinise the cases of claims of exemption of unreasonably high amounts
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    Exemption under Section 10(14): occasional checks ordered so only allowances actually spent are admitted.
    Directs scrutiny of exemption claims under Section 10(14) so that only allowances actually spent are allowed; occasional checks should be made and routine verification confined to daily allowances at or above a specified threshold. These instructions supersede earlier guidance and are to be circulated to all officers in charge.
    Renewals of exemption certificates under section 80G of the I.T. Act, 1961
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    Exemption certificate renewals under section 80G: limited to one year unless registered under section 12A(a) for longer.
    Renewals of exemption certificates under section 80G were to be granted only for one year because trusts and charitable institutions had to register under section 12A(a) by 1.7.1973; if registered with the Commissioner of Income-tax, renewals may, in suitable cases, be granted for periods exceeding one year subject to an overall limit of three years.
    Policy in regard to prosecution and compounding of technical offences
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    Compounding of technical tax offences: initial procedural defaults may be compounded; repeat defaults warrant prosecution.
    The Board directs a lenient administrative policy for technical offences under the Income-tax Act-procedural defaults such as delayed TDS payment, failure to file returns, and failure to produce documents-favoring compounding of an initial offence to achieve educative and reformative aims, while reserving prosecution for repeat offences; Commissioners must forward specified particulars when recommending compounding to enable considered approval.
    Time for filing of applications for registration by charitable and religious trusts - Extended up to August 1973
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    Registration under section 12A: deadline for charitable and religious trusts extended, extensions beyond considered on merits.
    Charitable and religious trusts seeking tax exemption under sections 11 and 12 must file a registration application in the prescribed form under section 12A before the Commissioner; the filing deadline has been extended to August 15, 1973, or one year from creation of the trust, whichever is later, and Commissioners may allow further extensions on merits.
    Checking of refund cases
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    Refund scrutiny threshold increased; Inspecting Assistant Commissioners must narrow checks and follow revised procedural instructions.
    The instruction raises the monetary threshold for refunds requiring full checking, reducing the number of cases to be inspected; Inspecting Assistant Commissioners must continue to initial checked vouchers and report on disposal delays and excesses or shortfalls in refunds, and the relevant paragraph of the manual is modified accordingly with a directive that its procedural instructions be scrupulously followed.
    Deduction u/s 80J - When the working of the unit or hotel or ship results in a loss, relief under section 80J will not be admissible for set off against positive income from any other source of income.
    Show AI Summary
    Deduction under Section 80J denied where an industrial unit, hotel or ship incurs a loss; relief must be carried forward.
    Relief under Section 80J is confined to positive profits and gains of an industrial undertaking, hotel or ship; if that activity shows a loss, no deduction under the provision may be set off against positive income from other sources, and any shortfall in applicable relief must be carried forward under the statute, with administrative review and rectification of prior erroneous allowances.
    Arrears of Tax - Non recovery of sur tax
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    Arrears of surtax: prioritized collection, expedited appeal hearings, quarterly reporting and enhanced oversight for high-value cases.
    Mandatory administrative measures require priority rectification, revision and collection of undisputed surtax demands within one month; identification and expedited hearing requests for cases locked by appeals with monthly Commissioner review; quarterly submission of outstanding surtax details to the Directorate of Inspection; and submission and scrutiny of detailed statements and a consolidated annual report for high-value surtax cases, with Commissioners issuing necessary instructions to Income-tax Officers.
    Co-operative societies included in the categories of persons who are to deduct tax at source from payments to contractors and sub-contractors under the section with effect from 1-4-1973
    Show AI Summary
    Tax Deduction at Source: co-operative societies must withhold tax from contractor payments, extending withholding obligations to contractors and sub contractors.
    Section 194C is amended to require co-operative societies to deduct tax at source from payments to contractors for works and labour contracts; contractors (other than individuals or Hindu undivided families) receiving such contracts from co-operative societies must in turn deduct tax from payments to sub contractors. The obligation applies where consideration exceeds the statutory threshold and excludes sums paid or credited before the amendment's commencement.
    Extension of time for filing return for assessment year 1973-74 in cases where returns due to be filed by June 30 or July 31, 1973 - Waiver of interest chargeable for period of delay up to August 15, 1973
    Show AI Summary
    Extension of time for filing returns allows waiver of interest for delay up to August 15 for affected taxpayers.
    Interest chargeable for delay in furnishing voluntary returns of income due on June 30 or July 31, 1973 is to be waived for the period up to August 15, 1973; waivers are to be exercised by Income-tax Officers under rule 117A(v), with prior approval of the Inspecting Assistant Commissioner required where the amount waived exceeds the proviso threshold. Taxpayers must submit returns in the revised up-to-date forms and may seek assistance from the Income-tax Officer or Public Relations Officer.
    Whether manufacture of 'radio receivers' and other 'telecommunication equipment' amounted to manufacture of 'electronic equipment'
    Show AI Summary
    Classification of radio receivers as non-electronic equipment alters eligibility for income tax rebate and priority industry benefits.
    Technical advice concluded that radio receivers and public address systems are not electronic equipment; accordingly, manufacture of these items and their parts shall not be treated as manufacture of electronic equipment for purposes of income tax rebates, higher development rebate, priority industry relief, and inter corporate dividend relief, and income tax officers are to issue instructions, review past assessments where feasible, and report results to the Board.
    Entertainment of claim of additional refund application u/s 237
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    Additional refund claims under Section 237 cannot be entertained by income-tax officers after completion of assessment.
    Additional refund claims under Section 237 are not to be entertained by the Income-tax Officer once an assessment has been completed; after finalisation, applications seeking additional refund under that provision should be rejected and not processed.
    Transfer of cases u/s 127
    Show AI Summary
    Transfer under section 127 requires reasons to be communicated to the assessee and recorded if objections are overruled.
    Transfer under section 127 requires that Commissioners provide the Board with precise reasons and prima facie factual information justifying reassignment, including grounds such as wealth beyond known sources, inflated purchases, suppressed sales or unaccounted assets, and that objections by the assessee, if overruled, be recorded on file; these procedural requirements take effect immediately.
    New income tax office - criteria
    Show AI Summary
    Office opening criteria: new income-tax officer requires sufficient taxpayer base, no nearby income-tax office, and district exclusivity.
    Opening a new single Income-tax Officer office requires prior Board consultation and satisfaction of all specified criteria: a sufficiently large local assessee base, absence of any nearby Income-tax Office, and exclusivity within the revenue district. If any criterion is unmet, the Commissioner must make a specified case to the Board seeking approval to open the office.
    Deduction u/s 80J, 80K, exemption certificates u/s 197 - responsibility of ITO
    Show AI Summary
    Provisional tax exemption certificates: issue, review and corrective reopening required when dividend deductions are later disallowed.
    A company must obtain a certificate under section 197(3) from the Income-tax Officer assessing the company to authorise non-deduction of tax at source on dividend portions deductible under section 80-K; such certificates are provisional pending final determination of section 80-J claims. Assessing officers must clearly mark certificates provisional, ensure company endorsements, review certificates at assessment finalisation, and where deductions are disallowed, obtain shareholder lists, notify Commissioners with corrected figures, seek reopening of shareholders' assessments under section 147(b), and secure acknowledgements. The assessing officer is liable for revenue loss from failure to comply.
    Disposal of assessment cases - administrative time limits for the completion of pending Super Profits Tax and Sur-tax cases
    Show AI Summary
    Administrative time limits require completion of pending Super Profits Tax and Sur-tax assessments and submission of a compliance report.
    Directs strict adherence to administrative time limits for completion of pending Super Profits Tax and Sur-tax assessments, noting concern over existing pendency where corresponding income-tax assessments are complete. Although the Sur-tax Act contains no statutory time limit, prior administrative time limits must be followed; officers must identify and remove causes of delay. Necessary instructions are to be issued to Income-tax Officers and a compliance report indicating the post-deadline position must be submitted to the Board within the prescribed reporting timeframe.

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      Co-operative societies included in the categories of persons who are to deduct tax at source from payments to contractors and sub-contractors under the section with effect from 1-4-1973

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      Tax Deduction at Source: co-operative societies must withhold tax from contractor payments, extending withholding obligations to contractors and sub contractors.
      Section 194C is amended to require co-operative societies to deduct tax at source from payments to contractors for works and labour contracts; contractors ... Summary

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