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    Processing of returns filed in response to notice u/s142(1).
    53/90 - 26-09-1990 Central Excise
    Doctrine on Unjust Enrichment - Correspondence regarding
    Refunds.
    Wealth Tax-Valuers of immoveable property.
    Modalities of fixing the reserve price of properties purchased under Ch.XXC.
    Exemption under section 10(23C)(iv)/(v) of the Income-tax Act, 1961--Clarification regarding
    Deduction of tax at source--Section 193 read with section 197(1)/(2) of the Income-tax Act, 1961--Interest on Government securities--Rates of tax appl...
    TDS & allied matters.
    Allowability of expenditure incurred by sugar factories in case of development programmes--Effect of withdrawal of agricultural development allowance ...
    38/89 - 12-09-1990 Central Excise
    Eligibility of exemption under Notification No. 163/67-C.E., dated 21-7-1967 Newsprint produced out of Chemi-mechanical Pulp
    17/90 - 12-09-1990 Central Excise
    Evasion of duty through fraudulent credit - Modus operandi - Regarding
    21/90 - 11-09-1990 Central Excise
    Central Excise - Classification and excisability of 'Jute Caddies' under the CETA, 1985 - Clarification regarding
    37/90 - 07-09-1990 Central Excise
    Circular No. 14/90-CX.4 - Certain Modification - Matter regarding
    Charges - Registration/Modification of ‑ Delay in registration of charges
    Reward files be made available to receipt audit.
    Guidelines with respect to proposals for SLP to be filed in S.C.
    Provisions of sections 164 and 167B of the Income-tax Act, 1961--Clarification regarding
    52/90 - 04-09-1990 Central Excise
    Central Excise - Classification/excisability of blended oil obtained by mixing of raw groundnut oil and refined cotton seed oil - Clarification regard...
    Effect of the order passed by the Board for Industrial and Financial Reconstruction under a scheme for the rehabilitation of sick units
    ``Convertible foreign exchange'' in section 80HHB, 80HHC and 80-O of the Income-tax Act--Clarification regarding
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    Circulars
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    Processing of returns filed in response to notice u/s142(1).
    Show AI Summary
    Treatment of returns filed in response to notice under section 142(1): treated as non scrutiny returns unless officer directs scrutiny.
    Returns filed in response to a notice under section 142(1) that are processed solely for prima facie adjustment should be treated as non scrutiny returns equivalent to returns under section 139(1). Assessing officers retain discretion to subject such returns to scrutiny when necessary to ascertain any understatement of income, excessive computation of loss, or underpayment of tax.
    53/90 - 26-09-1990 Central Excise
    Doctrine on Unjust Enrichment - Correspondence regarding
    Show AI Summary
    Doctrine on Unjust Enrichment: refunds may be withheld if duty was passed to customers, though judicial awards can be complied with to avoid contempt.
    Refunds of excise duty should be withheld where the officer finds the manufacturer or importer has passed on the duty burden to customers under the Doctrine on Unjust Enrichment; payments ordered by judicial bodies may be allowed to avoid contempt but should be challenged before higher forums on unjust enrichment; the referenced instructions are prospective and do not require reversal of prior refunds unless those refunds are independently erroneous.
    Refunds.
    Show AI Summary
    Refund approval threshold raised, requiring Deputy Commissioner approval for larger refunds to expedite issuance process.
    Prior approval of the Deputy Commissioner of Income-tax is required where a refund exceeds the newly prescribed ceiling, increasing the previous threshold to expedite refund issuance while maintaining supervisory authorization for larger refunds.
    Wealth Tax-Valuers of immoveable property.
    Show AI Summary
    Valuer registration: Reports by unapproved valuers must be rejected and legal action initiated to protect wealth tax valuations.
    Complaints have arisen about valuation reports from unregistered or de registered valuers. Amendments to the Wealth tax Rules confer exclusive authority on the Chief Commissioner to process valuer registrations. The Chief Commissioner should circulate a list of registered valuers with registration numbers to Assessing Officers, who must reject reports from unapproved valuers and initiate legal action against unauthorised valuers.
    Modalities of fixing the reserve price of properties purchased under Ch.XXC.
    Show AI Summary
    Reserve price rules let local tax authorities set minimum thresholds, raise prices, or seek approval to lower them.
    The instructions establish that the minimum reserve price is 115% of the apparent consideration but allow the Chief Commissioner to set a higher reserve if market conditions warrant. Any proposal to set the reserve below that minimum must be sent to the Board with detailed reasons, though prompt disposal measures should be used to avoid such reductions. For repeatedly unsold properties, Chief Commissioners should engage auctioneers and may increase commission to encourage sale. Automatic monthly increases in reserve for auction delays are discouraged; auctions should be completed within three months of completing Chapter XXC formalities.
    Exemption under section 10(23C)(iv)/(v) of the Income-tax Act, 1961--Clarification regarding
    Show AI Summary
    Donations in kind deemed income: their use for charitable objects qualifies trusts for exemption under section 10(23C).
    Donations in kind (books, clothing, food, drugs, equipment) received by charitable or religious funds, trusts or institutions are income under the statutory definition and, when used for the entity's charitable objects, constitute application of income under the proviso restricting investments and deposits; such use supports eligibility for exemption under section 10(23C)(iv)/(v) if the other conditions of that exemption are met.
    Deduction of tax at source--Section 193 read with section 197(1)/(2) of the Income-tax Act, 1961--Interest on Government securities--Rates of tax applicable during the year 1990-91
    Show AI Summary
    Tax deduction at source on interest: prescribed rates and compliance rules for government securities payments.
    Tax on interest on Government securities must be deducted under section 193 at credit or payment, at prescribed rates varying by residential status and company type, with applicable surcharge. Exemptions arise on production of section 197 certificates, statutory exemptions for specified securities, or written declarations under section 197A(1). Payors must issue Form No.16 certificates, quote TAN on documents, file annual returns in Form No.25, apply rounding rules, and adhere to penalties and prosecution provisions for failures under sections 200, 201, 203, 203A, 206, 271C and 276B.
    TDS & allied matters.
    Show AI Summary
    Tax deduction at source procedures mandate TAN allocation, registers, reconciliation, and cross verification of TDS certificates.
    The instruction prescribes a centralised administrative framework for tax deduction at source by designating ITO(TDS) functions and requiring maintenance of specified registers (TAN allotment, TDS Control Registers, Demand and Collection, Daily Collection, Penalties, Prosecution, Alphabetical Employer and Special Watch) to monitor returns, reconcile monthly certificates and challans, record interest and penalties, and enable sample cross-verification of TDS certificates with ITO(TDS) records.
    Allowability of expenditure incurred by sugar factories in case of development programmes--Effect of withdrawal of agricultural development allowance under section 35C of the Income-tax Act, 1961, by the Finance Act, 1984
    Show AI Summary
    Deductibility of development expenditure: sugar factories' cane-programme costs may be deductible if wholly and exclusively for business.
    The circular states that the agricultural development allowance was withdrawn for expenditure incurred on or after March 1, 1984. However, expenditure by sugar factories on cane development programmes can still be deductible under the general business-expenditure rule if, having regard to facts and circumstances, the expenditure is not capital or personal and is laid out wholly and exclusively for business, subject to assessing officer satisfaction.
    38/89 - 12-09-1990 Central Excise
    Eligibility of exemption under Notification No. 163/67-C.E., dated 21-7-1967 Newsprint produced out of Chemi-mechanical Pulp
    Show AI Summary
    Mechanical wood pulp classification clarified: exemption for certain newsprint depends on tariff-era definition and aggregate pulp composition.
    For the period prior to 28-2-1986, chemi-mechanical and chemi-thermo mechanical pulps are to be treated as variations of Mechanical wood pulp and covered by Notification No. 163/67 when testing certified not less than fifty percent mechanical wood pulp. After 28-2-1986, the Tariff definition governs: chemi-mechanical and chemi-thermo mechanical pulps are regarded as semi-chemical and excluded from mechanical wood pulp, and the exemption applies to certain writing and printing papers only where mechanical pulp is under fifty percent but the aggregate of mechanical, chemi-mechanical and thermo-mechanical pulps exceeds fifty percent.
    17/90 - 12-09-1990 Central Excise
    Evasion of duty through fraudulent credit - Modus operandi - Regarding
    Show AI Summary
    Evasion of duty through fraudulent credit: circular issues procedural correction to amend a typographical error in prior guidance.
    The circular addresses evasion of duty through fraudulent credit by issuing a procedural correction to an earlier Board instruction: a typographical error in the prior circular is to be corrected by substituting the specified month in the referenced sentence, thereby amending the textual content of the earlier guidance without altering substantive policy.
    21/90 - 11-09-1990 Central Excise
    Central Excise - Classification and excisability of 'Jute Caddies' under the CETA, 1985 - Clarification regarding
    Show AI Summary
    Classification of jute caddies: captive consumption exempts them, but clearance renders them excisable under tariff rules.
    The Board concluded that jute caddies are short jute fibres classifiable under the residuary Central Excise Tariff entry for other vegetable textile fibres and that they are eligible for exemption if consumed captively in the factory of production; if cleared, they are liable to duty under that tariff heading.
    37/90 - 07-09-1990 Central Excise
    Circular No. 14/90-CX.4 - Certain Modification - Matter regarding
    Show AI Summary
    Classification of utensils: welded trays and tubs excluded from exemption while other items' exclusion is withdrawn.
    CEGAT's rectificatory order restricts its earlier finding and holds that only welded trays and tubs are not utensils for exemption under Notification No. 244/77-C.E., dated 15-7-1977; references excluding wire tiffins, papad dabbas, garma dabbas, dhokla dabbas, dabba ubha and dabba betha are deleted and field formations and trade are to be informed, with pending assessments finalised accordingly.
    Charges - Registration/Modification of ‑ Delay in registration of charges
    Show AI Summary
    Registration of charges: certified filings may be taken on record within ten days; uncollected certificates sent by post.
    Documents relating to creation, modification or satisfaction of charges, when filed by companies or creditors and duly certified by a chartered accountant, cost accountant or company secretary in practice, may be taken on record within ten days; if the relevant certificate is not collected within seven days thereafter, it should be sent by post.
    Reward files be made available to receipt audit.
    Show AI Summary
    Informant confidentiality: only anonymised reward files and reward register details to be provided for receipt audit.
    The Board directs that reward files-which include summaries of information, notes on assistance, evaluations tied to amounts added and taxes realised, Assessing Officer reports, and Competent Authority orders but do not contain informant names or addresses-may be made available to Receipt Audit. Statistical data maintained in the Reward Register (para 8.02(iii), Chapter VIII, Search Audit) should also be furnished; information files that record informant identity are to be protected to preserve informant security.
    Guidelines with respect to proposals for SLP to be filed in S.C.
    Show AI Summary
    Special Leave Petition filings require legible certified High Court judgments and complete, timely proposals for legal processing.
    Proposals for filing Special Leave Petitions must include legible certified High Court judgments, complete photostat copies of all relevant orders, Standing Counsel opinion, and a fully completed proforma 'B' showing the correct tax effect; incomplete or illegible submissions will not be accepted. Departments must promptly apply for certified copies after pronouncement and transmit proposals well in advance to the Income-tax (Judicial) or Wealth-tax (Judicial) Sections to permit legal scrutiny and reference to law officers.
    Provisions of sections 164 and 167B of the Income-tax Act, 1961--Clarification regarding
    Show AI Summary
    Taxation of will-declared trusts: income taxed at ordinary association-of-persons rate, not at maximum marginal rate.
    Income of a trust declared by will, where it is the only trust so declared, is to be taxed under the special charging rule in the first proviso to section 164(1) rather than at the maximum marginal rate applicable under the general provision for associations of persons; other cases covered by the first provisos to sections 164(1) and 164(3) are likewise not subject to the general maximum-marginal-rate provision and are taxed at the ordinarily applicable association-of-persons rate.
    52/90 - 04-09-1990 Central Excise
    Central Excise - Classification/excisability of blended oil obtained by mixing of raw groundnut oil and refined cotton seed oil - Clarification regarding
    Show AI Summary
    Classification of blended oils: essential character determines heading; duty nil unless the blend has been hardened for human consumption.
    Classification of a blended oil of raw groundnut oil and refined cottonseed oil turns on which oil gives the essential character under Rule 3(b) of the Rules for Interpretation; absent chemical analysis it may be classifiable under either component's heading. In either case the blend attracts a nil rate of duty provided it has not been hardened for human consumption; hardened mixtures are classed with hardened edible fats and receive the duty treatment applicable to hardened oils.
    Effect of the order passed by the Board for Industrial and Financial Reconstruction under a scheme for the rehabilitation of sick units
    Show AI Summary
    Carry forward and set off of losses: BIFR sanctioned rehabilitation schemes can override income tax carry forward restrictions.
    A BIFR sanctioned rehabilitation scheme that prescribes carry forward and set off of losses will have overriding effect over conflicting provisions of the Income tax Act where the loss return was filed late; the Assessing Officer must implement the scheme's tax treatment. BIFR cannot itself authorize late filing but may direct an operating agency to prepare a scheme which, once sanctioned, allows carry forward despite delayed filing.
    ``Convertible foreign exchange'' in section 80HHB, 80HHC and 80-O of the Income-tax Act--Clarification regarding
    Show AI Summary
    Convertible foreign exchange clarification: non convertible rupee receipts from bilateral account countries and government credits qualify for deductions.
    The circular reiterates that the expression "convertible foreign exchange" for purposes of deductions tied to foreign project income, export proceeds and royalties/commissions/fees also includes amounts received in non convertible rupees from bilateral account countries and receipts in Indian rupees under Government to Government credit, but excludes remittances from Nepal and Bhutan.

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      ``Convertible foreign exchange'' in section 80HHB, 80HHC and 80-O of the Income-tax Act--Clarification regarding

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      Convertible foreign exchange clarification: non convertible rupee receipts from bilateral account countries and government credits qualify for deductions.
      The circular reiterates that the expression "convertible foreign exchange" for purposes of deductions tied to foreign project income, export proceeds and ... Summary

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