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    Section 144B - pre assessment directions - power
    Proper investigation while arriving at the valuation of the shares of this company.
    Approval of agreement under which assessee-company receives royalty, etc., from Government of foreign State or foreign enterprise, which is eligible f...
    Denial of income-tax clearance certificate to contractors on levy of penalty for concealment and/or conviction - Guidelines therefor
    Whether the outstanding fees of lawyers should be exempted from tax - wealth tax
    Exemption limit of income raised from Rs. 6,000 to Rs. 8,000 by Finance (Amendment) Act, 1975 - Employers permitted to make adjustments of tax deducte...
    Clubbing of income - section 64 - spouses
    whether relief u/s 80J of the Income-tax Act, 1961, is admissible in a case where there is an expansion of an existing industrial unit
    Proper investigation while arriving at the valuation of the shares of Testeels Ltd.
    Applicability of sub‑section (1A) to Government companies incorporated as private limited companies ‑ Proposal for granting exemption
    Clarification - Voluntary Disclosure of Income and Wealth (Amendment) Ordinance, 1975
    Official Liquidator ‑ Supply of certified copies of statement of affairs and other documents ‑ Whether any court‑fee stamp is requir...
    Refunds/adjustment of the amount due under other Tax Credit Certificate Schemes.
    Public company registered under Part IX - Whether public company registered under Part IX is required to comply with sections 149 and 165
    Examination of the various defects noticed in the maintenance of D&CR including those pointed out by the Revenue Audit and communicated vide Board's l...
    TDS - The time and mode of payment to Government account of tax deducted at source
    Inspection of ‑ Whether inspecting officer can seek information about company’s joint ventures with other bodies that are not companies
    Wealth tax - married individual in Goa, Daman and Diu, who is governed by the system of community of property and who has not entered into an antenupt...
    The Voluntary Disclosure of Income and Wealth Ordinance, 1975-Clarifications regarding
    The Voluntary Disclosure of Income and Wealth Ordinance, 1975-Clarifications regarding
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    Circulars
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    Section 144B - pre assessment directions - power
    Show AI Summary
    Pre-assessment directions require draft assessment and binding Inspector review when substantial proposed additions prompt objections and hearing.
    Section 144B empowers the Inspecting Assistant Commissioner to issue pre-assessment directions where proposed additions or disallowances in a draft assessment exceed a Board fixed threshold; the Income tax Officer must serve a draft order, the assessee may object within seven days (with a limited extension), objections are forwarded to the Inspecting Assistant Commissioner who examines records, gives a hearing if directions would be prejudicial, and issues directions that are binding on the Income tax Officer. The Board may fix and vary the monetary threshold and set different amounts by area.
    Proper investigation while arriving at the valuation of the shares of this company.
    Show AI Summary
    Share valuation guidance requires assessing officers to conduct proper investigation when market quotations are inconsistent.
    Board recorded inconsistent Bombay Stock Exchange quotations for New City Mills on 29 March 1975 and an Exchange addendum correcting the official list; assessing officers are to be informed and to make a proper investigation when arriving at the valuation of the company's shares, verifying market quotations before determining tax-related valuations.
    Approval of agreement under which assessee-company receives royalty, etc., from Government of foreign State or foreign enterprise, which is eligible for deduction under the section - Guidelines therefor
    Show AI Summary
    Royalty deduction eligibility clarified to include trademark payments and permit approvals with allocations for composite agreements.
    Approval under section 80-O provides concessional tax treatment for royalty, commission, fees or similar payments from foreign governments or enterprises, subject to Board approval, bona fides, and assessment determination. Trademark payments are within the scope of royalty. Composite agreements may receive approval with suitable disallowance for non qualifying elements so that the qualifying portion may be exempted. The concession is conditional on receipt in convertible foreign exchange, restricted to Indian companies prospectively, and requires submission of a standard application with supporting agreement documentation.
    Denial of income-tax clearance certificate to contractors on levy of penalty for concealment and/or conviction - Guidelines therefor
    Show AI Summary
    Denial of income tax clearance for contractors penalised or convicted enforces a time bound bar from government contracting.
    Denial of income-tax clearance certificates is required for contractors penalised for concealment or convicted for specified tax or related offences on or after April 1, 1975; the prohibition period is three years reckoned from the date of the penalty order (or its confirmation on appeal) or from the date of conviction, with the earlier of conviction date or tribunal confirmation governing where both penalty and conviction proceedings occur. The amended clearance form requires detailed five year assessment and contract receipt disclosures, verification by the Income tax Officer, and certification that the prohibition period has expired before a certificate is issued.
    Whether the outstanding fees of lawyers should be exempted from tax - wealth tax
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    Exemption of outstanding lawyers' fees under wealth tax: assessments to be kept pending until further administrative instructions.
    The Board is considering whether outstanding lawyers' fees should be exempt from wealth tax and directs that any wealth-tax assessments raising this issue be kept pending; Wealth-tax officers must be informed and no final action taken until further instructions from the Board.
    Exemption limit of income raised from Rs. 6,000 to Rs. 8,000 by Finance (Amendment) Act, 1975 - Employers permitted to make adjustments of tax deducted at source against tax deductible from salaries
    Show AI Summary
    Exemption limit increase allows employers to adjust previously deducted tax at source to relieve affected employees.
    As a limited administrative concession for the financial year 1975-76, non Government employers may, as a special case, adjust excess tax deducted earlier on employees whose annual taxable salary will fall below the revised exemption limit by reducing subsequent monthly tax deductions by the computed excess. Employers must determine the excess, revise earlier Form No. 21 returns, deposit tax as required, furnish certificates confirming reimbursement or adjustment, and indicate the adjustments on individual tax deduction certificates.
    Clubbing of income - section 64 - spouses
    Show AI Summary
    Clubbing of income: transfers purportedly satisfying deferred dower during marriage treated as gifts and aggregated for tax.
    Prompt dower payable on demand is an actionable debt and transfers in its satisfaction are for adequate consideration, not gifts; unregistered transfers of immovable property remain ineffective. Deferred dower does not constitute a present debt during marriage and cannot be converted into a prompt obligation; transfers during subsistence of marriage in satisfaction of deferred dower are treated as gifts, subject to income clubbing and wealth tax aggregation and may attract gift tax, and tax officers should take action and review past cases accordingly.
    whether relief u/s 80J of the Income-tax Act, 1961, is admissible in a case where there is an expansion of an existing industrial unit
    Show AI Summary
    Deduction under Section 80J limited to newly established industrial undertakings; expansions do not qualify unless a new undertaking is formed.
    The Board, in consultation with the Ministry of Law, instructs that a clear legal distinction exists between a new industrial undertaking and expansion of an existing unit; deduction under Section 80J is allowable only when it is established that a new industrial undertaking has been formed, and assessing officers must scrutinise facts carefully before granting the relief.
    Proper investigation while arriving at the valuation of the shares of Testeels Ltd.
    Show AI Summary
    Market price reliability: expunged special-term stock transactions should not determine share valuation; assessing officers must investigate.
    Quoted trades in Testeels Ltd. on 29/3/75 were executed on special terms and have been treated as expunged by the Ahmedabad Stock Exchange; those quotations do not reflect the correct market price and should not be taken into account for share valuation. Assessing officers are directed to undertake proper investigation and to disregard the expunged special-term transactions when arriving at the valuation of the company's shares.
    Applicability of sub‑section (1A) to Government companies incorporated as private limited companies ‑ Proposal for granting exemption
    Show AI Summary
    Exemption under section 620 limited to prospective cases; existing government companies cannot be reconverted to private status.
    Several government companies became public companies by operation of the turnover criterion in sub section (1A) of section 43A. Representations for exemption under section 620 were considered; legal advice indicates exemptions can be granted prospectively but cannot be applied retrospectively to reconvert companies already treated as public. The Department of Company Affairs has granted and is considering other exemptions to lessen operational burdens on government companies.
    Clarification - Voluntary Disclosure of Income and Wealth (Amendment) Ordinance, 1975
    Show AI Summary
    Voluntary disclosure of income secures immunity for disclosed amounts if procedural conditions and investment requirements are met.
    Entries in Form A column 6 must show the extent to which voluntarily disclosed income is represented by assets and must total the declared income; appreciation need not be declared. The Ordinance's immunities attach only to the voluntarily disclosed income. Section 3(1) declarations are permitted where no seizure occurred during a search, but where a seizure led to an officer's computation after search, disclosures for those years must proceed under the alternate procedure in section 14(1). A factual certificate under section 8(2) is issued only after full tax payment and required investment in notified securities.
    Official Liquidator ‑ Supply of certified copies of statement of affairs and other documents ‑ Whether any court‑fee stamp is required to be affixed on application therefor
    Show AI Summary
    Prescribed fees govern certified copies from official liquidators; applicants must follow applicable rules on stamps and paper.
    Applications for certified copies or extracts from official liquidators are governed by the prescribed charges and prescribed fees scheme; where the Companies (Court) Rules do not prescribe fees, the applicable court rules in analogous proceedings control. Each official liquidator must follow the procedural rules of the court to which the office is attached regarding court fee stamps and the requirement to supply copies on non judicial paper.
    Refunds/adjustment of the amount due under other Tax Credit Certificate Schemes.
    Show AI Summary
    Tax credit certificate loss in tax office: allow refund or adjustment without demanding duplicate, ensure no double credit.
    If an assessee has duly produced a Tax Credit Certificate before an Income-tax Officer but the certificate is later lost in the Income-tax Office, paragraph 15's duplicate-certificate rule-meant for losses attributable to the assessee-does not apply; the officer should allow adjustment or refund without requiring a duplicate, after ensuring the correct amount is paid and that no duplicate credit or refund is given. The same rule applies to other Tax Credit Certificate Schemes.
    Public company registered under Part IX - Whether public company registered under Part IX is required to comply with sections 149 and 165
    Show AI Summary
    Applicability of sections 149 and 165: public companies registered under Part IX remain subject to those statutory requirements.
    Under section 578(1) all provisions of the Act apply to companies registered under Part IX subject to the exceptions listed in clauses (a)-(g); accordingly, sections 149 and 165 are fully applicable to public companies registered under Part IX and such companies must comply with the duties and governance requirements set out in those sections.
    Examination of the various defects noticed in the maintenance of D&CR including those pointed out by the Revenue Audit and communicated vide Board's letter dated 22-8-1975
    Show AI Summary
    D&CR test check scope expanded to inspect maintenance defects and require annual reporting by responsible officers.
    The Board enlarged the scope of test check of D&CR maintenance to include defects noted by Revenue Audit; the proforma has been amended. I.A.Cs. must extend test checks to all D&CRs in their charge, confined to a suitable percentage of entries, and submit the amended proforma report to the Board annually by 31st December.
    TDS - The time and mode of payment to Government account of tax deducted at source
    Show AI Summary
    Time and mode of payment of TDS: quarterly concession restricted; large employers must remit monthly and concessions withdrawn.
    Income-tax rules require prompt remittance of tax deducted at source for salaries, permit quarterly payment only with prior approval of the Inspecting Assistant Commissioner as an administrative concession for small employers, and require monthly deduction returns which the Commissioner alone may waive; officers must not grant quarterly payment to employers with significant monthly deductions, must withdraw improper concessions, and should direct employers to apply to the Commissioner for any waiver of monthly return obligations.
    Inspection of ‑ Whether inspecting officer can seek information about company’s joint ventures with other bodies that are not companies
    Show AI Summary
    Inspection powers allow officers to obtain records of company joint ventures with non-company bodies under expanded document access.
    An inspecting officer may, under the expanded inspection power authorizing access to 'the books of account and other books and papers of every company', require information and documents relating to a company's joint ventures with bodies that are not companies; the earlier phrase confined to 'books of account of every company' was limited to records a company is required to maintain and did not by itself extend to joint venture documents.
    Wealth tax - married individual in Goa, Daman and Diu, who is governed by the system of community of property and who has not entered into an antenuptial agreement of the nature referred to therein
    Show AI Summary
    Community property assessment: spouses assessed on individual shares and each spouse entitled to wealth tax exemptions.
    A married person under the community of property regime in Goa, Daman and Diu without an antenuptial agreement must be assessed for wealth tax on his or her individual share of communal property, and wealth-tax exemptions are admissible to each spouse separately as individuals.
    The Voluntary Disclosure of Income and Wealth Ordinance, 1975-Clarifications regarding
    Show AI Summary
    Voluntary disclosure immunity ensures Companies Act penal provisions and information-gathering will not be invoked after a valid disclosure.
    A company making a declaration under the Voluntary Disclosure of Income and Wealth Ordinance, 1975 receives immunity from penal provisions of the Companies Act for matters arising from that voluntary disclosure, and the Companies Act will not be invoked to collect information about the accounting periods to which the disclosed income relates.
    The Voluntary Disclosure of Income and Wealth Ordinance, 1975-Clarifications regarding
    Show AI Summary
    Voluntary disclosure permits any person to declare income with secrecy protections, subject to search-year limits and securities rules.
    Any person may make a declaration under the Ordinance and section 12's secrecy applies; Form A must show only assets representing declared income without stating nature or source. Multiple declarations by the same individual are permitted when they concern different taxable entities, but only one declaration should cover a given person's undisclosed income. Declarations cannot relate to the previous year in which a search and seizure occurred or earlier years, though declarations for subsequent years and separate seized-year declarations under another provision are possible. Seized cash may be adjusted toward declared tax only after the requisite seizure-order is passed. A firm's declaration under the seizure-linked provision covers only the firm's tax, partners being assessed normally. If half the tax is paid in cash, a bank guarantee or Government securities must secure the balance. Notified Government bonds purchased as required are non-negotiable and may pass to heirs or successors under law.

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      The Voluntary Disclosure of Income and Wealth Ordinance, 1975-Clarifications regarding

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      Voluntary disclosure permits any person to declare income with secrecy protections, subject to search-year limits and securities rules.
      Any person may make a declaration under the Ordinance and section 12's secrecy applies; Form A must show only assets representing declared income without ... Summary

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      ActsIncome Tax