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    Circulars
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    Viewing of MIS relating to Tax payments made under IDS 2016 and tax payment and TDS claim matching before issue of Form 4 – enhancements of functionalities - Income Disclosure Scheme, 2016
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    Income Disclosure Scheme, 2016: e Filing validates tax/TDS claims and requires numeric reconciliation before issuing Form 4.
    Portal enhancements allow jurisdictional Commissioners to view MIS for Forms 1-4 and display dynamic mismatch reports from OLTAS and e Filing/26AS. Form 3 uploads validate challan and TAN/PAN data against OLTAS and TAN/PAN records; the latest cumulative Form 3 auto populates tax details for Form 4. "Issue Form 4" is enabled only when [(IDS tax per OLTAS) + (allowed TDS/TCS claim)] minus (tax liability per Form 2) is greater than -101 and less than 101, and issuance requires a digitally or manually signed PDF.
    Explanatory Notes on Provisions of the Taxation and Investment Regime For Pradhan Mantri Garib Kalyan Yojana, 2016 as Contained In Chapter IX-A of The Finance Act, 2016
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    Voluntary disclosure scheme requires specified tax, surcharge, penalty and a locked deposit to regularise undisclosed income.
    The circular explains a voluntary disclosure scheme permitting declaration of undisclosed cash or bank/post office account income chargeable to tax up to assessment years commencing on or before 1 April 2017. No deductions or set-offs are allowed against declared income. Declared taxpayers must pay tax at thirty per cent, a surcharge called Pradhan Mantri Garib Kalyan Cess calculated at thirty-three per cent of that tax, penalty at ten per cent, and deposit at least twenty-five per cent into the PMGKY Deposit Scheme (no interest, four-year lock-in); payments and deposit must accompany the declaration.
    Discussion on Official Matters in Social Media
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    Official information restrictions: unauthorized sharing of official documents on social media is prohibited; only designated officers may post.
    Government servants must not communicate or circulate official documents, minutes of in camera meetings or classified information on social media except under a general or special order or in performance of duties in good faith; only designated officers are authorised to post on behalf of the Income Tax Department and heads of charge must notify all officers to refrain from unauthorised dissemination.
    Clarifications on the Direct Tax Dispute Resolution Scheme, 2016
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    Retrospective amendment validation bars constitutional challenges after opting for the scheme and defines settlement eligibility.
    The Scheme treats taxes validated by retrospective amendment as specified tax, enabling settlement if the dispute was pending on 29.02.2016. Declarants must withdraw writs, pending appeals, or arbitration/conciliation/mediation notices as required before declaration; payments must follow section 204 with no instalments. Ineligible matters include taxes determined after 29.02.2016, penalty orders not linked to assessment proceedings (e.g., section 271C/271CA), and search-case assessments under section 143(3) read with 153B. Failure to satisfy section 203(5) conditions results in the declaration being treated as never made and prior proceedings revived.
    Compounding of offence u/s 276C(1) of the IT Act, 1961- Compounding Fee
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    Amount sought to be evaded clarifies that tax, penalty or interest determine punishment under section 276C.
    The phrase "amount sought to be evaded" in section 276C(1) denotes the amount of any tax, penalty or interest chargeable or imposable under the Income Tax Act, and that quantum determines which threshold-based custodial range and fine prescribed by the provision applies for the offence of willful tax evasion.
    Clarifications on Indirect Transfer provisions under the Income Tax Act, 1961
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    Indirect transfer provisions may tax investors in foreign funds whose value derives substantially from Indian assets, with limited carve-outs.
    Explanation 5 to section 9(1)(i) applies to investors in foreign funds whose shares or interests derive substantially from assets located in India, subject to the small investor carve out of Explanation 7 when investors lack management or control and hold below the participation threshold. Master feeder, nominee/distributor, listed fund and sub fund structures are addressed: investors with no control may be excluded, whereas fund level holdings that meet the substantial value test render investor interests taxable. Rule 11UB/11UC govern valuation and apportionment and reporting and withholding obligations remain operative.
    CBDT Issues Direction for Furnishing Specific Information of High-Income Taxpayers to the Ministry of Petroleum and Natural Gas under Section 138 of the Income-tax Act, 1961
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    Taxpayer information sharing: CBDT directs specified authority to provide high income individual data to ministry under section 138.
    Direction under section 138(1)(a) designates the Principal Director General of Income-tax (Systems) as the specified authority to furnish individual high-income taxpayer information to the Ministry of Petroleum and Natural Gas, requiring transmission of PAN, date of birth, gender, all addresses in the ITD database, e-mail addresses, and telephone numbers. The authority must execute a Memorandum of Understanding with the Ministry detailing mode of data transfer, confidentiality safeguards, secure preservation, data weeding procedures, and timelines, and must forward a copy of the MoU to the CBDT division for records.
    Launch of Remand Report functionality in Appeal module of Income Tax Business Application (ITBA)
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    Remand Report functionality in ITBA Appeal module lets CIT(A) request, track and close AO remand reports efficiently.
    The ITBA Appeal module implements a Remand Report workflow permitting CIT(A) to request remand reports from jurisdictional AOs, which prepare, generate and submit reports for Range Head endorsement; Range Head may forward or send back for modification, after which CIT(A) views, records action taken and closes the remand workitem. The system creates workitems and pendency markers, does not block appeal disposal if remand is delayed, and includes MIS/dashboard integration.
    Enhancements and improvements to e-Nivaran Module
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    Grievance Management enhancements streamline officer workflows and enable electronic resolution, automated email dispatch and external systems integration.
    Enhancements to the e Nivaran module add supervisory visibility via an improved Control Register with Case History/Notings, export capability and enhanced search; worklist and work item upgrades allowing in item updates to category, status and resolution remarks; automatic removal of resolved items when resolution letters are generated and automated email dispatch to taxpayers; system checks to assist processing; integration with CPC TDS and NSDL for transfers; planned future integrations with UTITSL, Refund Banker and CP GRAMS; and a requirement to scan and upload grievance documents, with helpdesk support available.
    Revised Standard Operating Procedure (SOP) for Prosecution in cases of TDS/TCS default
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    Prosecution for TDS/TCS defaults: CIT(TDS) sanction and TRACES based Form T filing required within prescribed timelines.
    SOP mandates submission of prosecution proposals for TDS/TCS defaults in the prescribed Form 'T' with prior sanction from CIT(TDS). AOs must issue TRACES-generated show cause notices, collect and preserve specified prosecution documents, reconcile contested defaults, and forward complete proposals through the Range Head. CIT(TDS) examines material and explanations, may seek counsel opinion, issues speaking orders granting or dropping sanction, and entries at each stage must be recorded on TRACES; compounding applications may be processed while prosecution proposals remain pending.
    Functionality for processing of returns for AY 2007-08 to 2011-12 having refund claims which were not processed within the time allowed u/s 143(1) due to certain technical or other reasons.
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    Relaxation of time frame permits processing of past income tax returns with refund claims, subject to specified validations.
    Relaxation under Section 119 permits processing of previously time barred returns containing a claim of refund where the return was validly filed and recomputation yields a refund; AST functionality is provided to assessing officers with specified eligibility validations and a defined retrieval and input procedure, supported by a user manual and ITBA helpdesk for technical assistance.
    Directions under section 119 of the Income-tax Act, 1961
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    Reopening assessments should not be based solely on increased turnover from digital payments; requires reason to believe escaped income.
    Reopening an assessment under section 147 requires that the Assessing Officer has reason to believe that income chargeable to tax has escaped assessment; mere increase in turnover, including due to digital payments, cannot alone constitute that reason. Assessing Officers are directed not to reopen past assessments solely on the ground of increased current year turnover absent independent material indicating escaped income.
    Brief guidance note regarding the Prohibition of Benami Property Transactions Act, 1988, being implemented by the Income Tax Department
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    Benami property prohibition: investigators must gather specified evidence and refer suspected benami assets for attachment and action.
    Investigating officers under the Income tax Act must collect evidence relevant to the Prohibition of Benami Property Transactions Act, focusing on identification of legal/apparent and beneficial owners, whether property is held for another's benefit, source of funds, transactions in fictitious names, denial of ownership, and untraceable consideration providers. If there is prima facie belief a property is benami, after controlling officer approval the information must be forwarded to the Initiating Officer within 60 days to enable attachment and other action under the Act.
    Clarification regarding seizure of Old High Denomination (Rs. 500 and Rs. 1000) Bank Notes (OHDBNs) under the Income-tax Act, 1961
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    Demonetization legal tender cessation: exchange window and bank credit rules raise questions about seizure of demonetized notes in tax searches.
    Cessation of legal tender for old high denomination bank notes from 9 November 2016 is coupled with an exchange or deposit facility up to 30 December 2016, permitting crediting of equivalent value to bank accounts without a specified limit and providing for further deposit facilities; the clarification examines whether demonetized notes continue to be seizable as valuables/assets during searches or requisitions under the Income-tax Act.
    Transport, Power and Interest subsidies received by an Industrial Undertaking - Eligibility for deduction under sections 80-IB, 80-IC etc., of the Income-tax Act, 1961- Reg.
    Show AI Summary
    Subsidies as business receipts eligible for Chapter VI-A deductions, including transport power and interest; department instructed not to appeal.
    Transport, power and interest subsidies reimbursing production or sale costs have a direct nexus with the profits and gains of business of an industrial undertaking and are to be treated as business receipts eligible for deduction under Chapter VI-A where the business qualifies; the Department is directed not to file or to withdraw appeals on this settled issue.
    Admissibility of expenditure incurred by a Firm on Keyman Insurance Policy in the case of a Partner- Reg.
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    Keyman insurance admissibility: premiums for partners qualify as business expenditure under Section 37; appeals to be withdrawn.
    Premiums paid by a firm on a Keyman Insurance Policy for a partner, obtained to safeguard the partnership against business disruption from a partner's premature death, are allowable as business expenditure; CBDT accepts High Court decisions extending keyman coverage to persons connected with the business and directs that departmental appeals on this issue should not be filed or should be withdrawn, treating such premiums as admissible under Section 37.
    Notification of Protocol amending the Double Taxation Amending Convention (DTAC) between India and Japan
    Show AI Summary
    Exchange of information on tax matters expanded, with authorised law enforcement sharing and mutual assistance in tax collection strengthened.
    Protocol entered into force and establishes standards for exchange of information, including bank information and information without domestic tax interest, permitting authorised sharing with law enforcement; it exempts source taxation of interest on government insured debt-claims and inserts mutual assistance in collection of taxes obligations.
    Chapter VI-A deduction on enhanced profits
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    Chapter VI-A deduction on enhanced profits permitted where business-related disallowances increase taxable profits, deduction admissible accordingly.
    Chapter VI-A deductions are to be allowed on profits increased by business-related disallowances; disallowances arising from TDS non-compliance, payment-related or other specific disallowances that pertain to the eligible business increase taxable profits, and deduction under Chapter VI-A is admissible on those enhanced profits. The Board directs that appeals opposing this position should not be filed and existing appeals on this ground may be withdrawn or not pressed.
    Launch of Income Tax Business Application (ITBA) - Investigation Module Phase 2
    Show AI Summary
    Investigation Module registration enables electronic allocation, reporting and assessment-unit referral, streamlining investigation oversight.
    Phase 2 of the ITBA Investigation Module adds electronic recording and upload of offline Excel utilities for pending TEPs, STRs and other investigations, role-based registration and hierarchical allocation of cases from DGIT/PDIT to Investigating Officers, and structured report submissions (Preliminary, Interim, Part Final and Final). Part Final and Final Reports create pendency for Assessing Officers for action under section 148 or section 143(2). The release also enables multiple strong room management including deemed seizure recording under the second proviso to section 132(1), and requires name based departmental email IDs and RSA tokens for access.
    Notification of Revised Double Taxation Avoidance Agreement (DTAA) between India and Republic of Korea – regarding
    Show AI Summary
    Revised DTAA expands source-based capital gains taxation and lowers withholding burdens while enabling MAP and APA mechanisms.
    The revised DTAA establishes source based taxation for capital gains on substantial shareholdings, reduces withholding tax rates on royalties/technical fees and interest to facilitate cross border investment, expands dependent agent Permanent Establishment rules, and provides exclusive residence taxation for international shipping income. It creates explicit access to the Mutual Agreement Procedure and bilateral Advance Pricing Agreements for transfer pricing disputes, provides for suspension of tax collection during MAP on security, updates Exchange of Information to international standards including bank information, adds assistance in collection, and inserts a Limitation of Benefits anti abuse article.

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      Chapter VI-A deduction on enhanced profits

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      Chapter VI-A deduction on enhanced profits permitted where business-related disallowances increase taxable profits, deduction admissible accordingly.
      Chapter VI-A deductions are to be allowed on profits increased by business-related disallowances; disallowances arising from TDS non-compliance, ... Summary

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