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Circulars
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Acceptance of e-BRC of DGFT towards proof of realization of sale proceeds for exports with LEO date upto 31.03.2014 under drawback scheme
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Acceptance of DGFT e-BRC as proof of export realization enables drawback claims subject to exporter declaration and misuse safeguards.
DGFT's e-BRC will be accepted by Customs as proof of realization for exports with LEO dates from 12.08.2012 to 31.03.2014 for drawback purposes, subject to an appropriate exporter declaration on the e-BRC and except where specific intelligence or information of misuse exists; this addresses concerns that e-BRCs omit commission, freight, and insurance details relevant to drawback calculations.
Acceptance Of E-BRC of DGFT towards proof of realization of sale proceeds for exports with LEO dated upto 31.03.2014 under Drawback Scheme
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Acceptance of DGFT e BRC as proof of realization for exports with LEO up to 31.03.2014 under the drawback scheme.
Acceptance of DGFT e BRC as proof of realization of sale proceeds is authorised for exports with LEO dated up to 31.03.2014 under the Drawback Scheme per Board Circulars. Exporters must complete a prescribed declaration on the reverse of the e BRC for shipping bills with LEOs from 12.08.2012 to 31.03.2014, confirming realised sale proceeds within the allowed period (or attaching extension proof), specifying whether proceeds meet drawback value or quantifying shortfall with breakup, and documenting return of drawback with interest where applicable, with signature, date, seal and IEC.
Jurisdiction of the Benches for imports/exports through the States
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Jurisdiction of Settlement Commission benches assigned by State for determining the appropriate forum for customs import/export settlement matters.
Allocation of jurisdiction among the Benches of the Customs, Central Excise and Service Tax Settlement Commission for imports and exports is prescribed by state or union territory. The notice maps specific States and Union Territories to the Principal Bench at Delhi and Additional Benches at Mumbai, Kolkata and Chennai, establishing the territorial Bench to be used for settlement matters arising from customs import/export transactions and referencing the Commission's standing order as the source of these allocations.
Issue of notice under section 133(6) of the Income-tax Act, 1961 for verification of cash deposits under 'Operation Clean Money'-regd.
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Verification notices under section 133(6) require online response; failure to comply may lead to administrative escalation and penalties.
Verification of cash deposits for the demonetisation period is to be undertaken via the Online Verification Portal per the SOP dated 21.02.2017. Notices under section 133(6) must be generated through the ITD system only, responses furnished online within the stipulated period, and prior approval of the Pr. CIT/CIT/Pr. DIT/DIT is required before issuing a notice when a person fails to respond to online reminders. Failure to respond may lead to escalation as 'Not-Acceptable' and attract penalty proceedings.
Standard Operating Procedure consequent to commencement of “Document Processing Area” in the Parking Plaza and Gate Automation for Export & Import through JNPCT; reg.
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Automated Gate System: RFID and PIN based verification ties container images to customs approval for gated yard movements.
Procedures require truck registration in the Automated Gate System with RFID tagging and driver image capture, PIN entry on Hand Held Terminals to retrieve container details, capture of container and seal images, transmission of factory stuffed or Direct Port Delivery data to Customs for approval, CISF visual verification via lane cameras, issuance of Drop Off or Pick Up Tickets for yard operations, and generation of out gate passes (EIR) after Out Survey Point checks.
Standard Operating Procedure consequent to commencement of “Document Processing Area” in the Parking Plaza and Gate Automation for Export & Import through NSICT/NSIGT, GTI & JNPCT; reg.
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Container and seal verification required before gate pass; endorsement by Customs enables shipping bill registration and export clearance.
Terminal procedures require that stuffed and self-sealed containers arrive with the invoice and shipping bill check list (including an examination report when stuffing was supervised). Gate passes must not be issued until the container has physically entered the parking plaza. The Customs Gate Officer must verify and endorse the container number, seal number and seal condition on the invoice or check list; this endorsement serves as proof for shipping bill registration and for granting the Let Export Order under the prescribed procedure.
Exim Bank's Government of India supported Line of Credit of USD 78 million to the Government of the Republic of Sierra Leone
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Line of Credit terms require majority India-sourced supplies, EDF declarations and a multi-year terminal utilization period.
A Government of India supported Line of Credit to Sierra Leone finances a transmission line project, requiring eligible goods and services with at least 75 per cent sourced from India and the balance procured abroad; the LOC is effective from February 16, 2017, mandates Export Declaration Form shipment declarations, prescribes a multi-year terminal utilization period after project completion, disallows agency commission under the LOC while permitting exporter-paid commissions from own funds or EEFC balances subject to AD Category-I bank approval after full realization, and is issued under the Foreign Exchange Management Act, 1999.
Exim Bank's Government of India supported Line of Credit of USD 26 million to the Government of the Republic of Senegal
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Line of Credit support for export procurement sets Indian supply requirement and foreign exchange and compliance conditions.
A Government of India supported Line of Credit from Exim Bank to the Republic of Senegal finances bus procurement, requiring at least 75% of contract value supplied from India and permitting 25% foreign procurement; the LOC is effective from February 16, 2017 with a 60 month terminal utilization period. Shipments must be declared on the Export Declaration Form. No agency commission is payable under the LOC, though exporters may use own resources or EEFC balances for commission payments subject to realisation and applicable rules; AD Category I banks must notify exporters and may allow remittances accordingly. The directions are issued under the Foreign Exchange Management Act.
Exim Bank's Government of India supported Line of Credit of USD 23.50 million to the Government of the Republic of Malawi
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Line of Credit supports Malawi water project; majority sourcing from India, shipments require Export Declaration Form compliance.
Exim Bank provided a Government of India supported Line of Credit to Malawi for a water supply project, permitting financing of eligible Indian exports including goods, plant, machinery and consultancy; the contract mandates that the majority of goods and services be supplied from India while a portion may be procured abroad, shipments must be declared on the Export Declaration Form, and the LOC is subject to a terminal utilisation period. No agency commission is payable under the LOC, though exporters may remit commission from own funds or EEFC balances after full realisation, subject to remittance rules and Authorised Dealer Category I bank oversight.
Exim Bank's Government of India supported Line of Credit of USD 15 million to the Government of the Republic of Kenya
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Government-supported Line of Credit requires majority Indian-sourced supplies, EDF shipment declaration, and exporter-funded commissions allowed.
A Government of India supported Line of Credit to Kenya finances eligible exports under India's Foreign Trade Policy, requires a substantial portion of contract value to be supplied from India with the balance possibly procured abroad, mandates Export Declaration Form filing for shipments, sets a terminal utilization period post project completion, disallows agency commission under the LOC while permitting exporter-funded commission remittances from own funds or Exchange Earners' Foreign Currency Account after realization, and directs Authorised Dealer Category I banks to notify exporters; issued under the Foreign Exchange Management Act.
Exim Bank's Government of India supported Line of Credit of USD 29.95 million to the Government of the Republic of Kenya
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Line of Credit supported by Government enables export financing with Indian content requirement and FEMA-directed compliance.
Exim Bank's Government of India supported Line of Credit to Kenya finances eligible imports of goods, machinery and services from India for a textile factory upgrade, requiring at least 72 per cent Indian-sourced value and permitting up to 28 per cent foreign procurement; the LOC is effective from February 2017 with a terminal utilization period of 60 months. Shipments must be declared on the Export Declaration Form and exporters must follow Reserve Bank and FEMA instructions. No agency commission is payable under the LOC, though exporters may remit commission from their own resources or EEFC balances after full realization and subject to extant rules.
Procedure for Scanning of DPD containers
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Container scanning procedure: suspicious DPD containers moved to nominated CFS for examination and OOC temporarily suspended.
Selected DPD containers will generally be scanned by mobile scanner; containers found Clean continue with the existing Out Of Charge process. Containers found Suspicious are moved to a nominated/preferred CFS, marked "suspicious" on the EIR, examined by the Docks officer, and have OOC temporarily suspended on the hard copy of the Bill of Entry. If no discrepancy is found, the prior OOC is restored with a remark; if discrepancies are found, the report is recorded and documents are sent to DC/EDI for cancellation of OOC and further action. Where scanning lists are unavailable or mobile scanners fail, specified fallback selection, seal integrity and fixed scanner procedures apply.
Procedure for clearance of remnant Aviation Turbine Fuel (ATF)- reg.
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Remnant ATF duty payment via provisional prior bill with advance deposit enables debit-based clearance after post-landing quantity verification.
Procedure prescribes filing a Prior Bill of Entry with an estimated remnant ATF quantity, provisional assessment backed by a Provisional Duty Bond and an Advance Duty Deposit from which provisional duty is debited; actual quantity is determined after landing from the aircraft log/pilot declaration, leading to final assessment within seven days after endorsing the IGM, audit and manifest closure linking duty payment to the IGM, with an alternate regular Bill of Entry option for non-participating airlines.
Improving Ease of Doing Business, Issuance of Electronic Delivery Orders
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Electronic Delivery Orders to become compulsory; stakeholders must adopt e-DO systems and expand payment options immediately.
The notice directs shipping lines, consol agents and other cargo service providers to adopt electronic Delivery Orders in lieu of paper delivery orders to simplify customs clearance and reduce dwell time. It gives advance intimation that electronic Delivery Orders will be made compulsory from a date to be notified, and instructs stakeholders to implement suitable measures immediately, including creating multiple payment options, ensuring transparency in charges, and complying with Handling of Cargo in Customs Area Regulations and customs cargo service approval requirements.
Expansion of 24x7 customs clearance and clarification of levy of MOT charges in CFSs attached to 24x7 ports
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Round the clock customs clearance extended to all bills of entry and MOT waived for services at attached CFSs.
Extension of round the clock customs clearance to all bills of entry makes 24x7 operations universal at designated sea ports, assigning logistical responsibilities to custodians, brokers or importers. The customs fee regulations were amended to eliminate merchant overtime fee for services by customs officers at 24x7 ports and airports; this MOT exemption is clarified to cover attached Container Freight Stations, including factory stuffed containers and stuffing at CFSs for exports, treating CFS activity as an extension of port clearance.
Extending e-SANCHIT Facility to Tuticorin Custom House - Procedure for uploading of Documents
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Digital submission of supporting documents: e SANCHIT requires upload, IRN linking and online access for customs assessment.
Tuticorin Custom House adopts e SANCHIT for uploading digitally signed supporting documents on ICEGATE; authorized persons must upload necessary documents, obtain an Image Reference Number (IRN) for post filing uploads and link them to the Bill of Entry by amendment. Customs will access electronic documents on ICES for assessment, queries and Post Clearance Compliance Verification. Certain documents must still be presented in original at goods registration, all supporting documents must nevertheless be uploaded, manifest departments will not receive hardcopy dockets, and originals must be retained for five years per draft regulations.
Procedure for filing warehouse Bills of Entry in cases where PGA NOC is required.
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PGA NOC procedure enables advance warehouse Bills of Entry with bonded release conditional on PGA NOC verification.
Importers must file an advance Warehouse Bill of Entry and register a one time bond; out of charge and bond release are performed by Appraising Group or Docks officers who will annotate that ex bonding requires PGA NOC. Upon receipt of PGA NOC the importer files an Ex Bond Bill of Entry for assessment or OOC, and the OOC officer must verify the PGA NOC before OOC. Bonded warehouses charge storage from the date of physical warehousing. Alternative clearance under the No Use Bond facility is permitted without awaiting PGA NOC; consignments needing only markings may be cleared in Home Consumption same day.
Investments by FPIs in corporate debt securities
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FPI investment in unlisted corporate debt and securitised instruments permitted subject to maturity, end use and compliance conditions.
Foreign Portfolio Investors are permitted to invest in unlisted non-convertible corporate debt and specified securitised debt instruments subject to Ministry of Corporate Affairs guidelines, a three-year minimum residual maturity for unlisted corporate debt, and end-use restrictions forbidding investment in real estate business, capital market activity and land purchase; custodians must ensure compliance per RBI directions. Securitised debt issued by SPVs or listed under SEBI securitised debt regulations is eligible without the three-year maturity requirement. Aggregate investments in these categories are capped within the extant corporate debt limit; all other existing FPI conditions remain applicable.
Circular on Mutual Funds
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Investment restrictions on mutual funds require an exit option for unitholders before REIT/InvIT investments.
Amendments to mutual fund regulations impose investment restrictions on acquisitions of REIT and InvIT units, making the Seventh Schedule restrictions applicable to all fresh investments by schemes. Existing schemes proposing such investments must comply with the relevant mutual fund regulation and provide unitholders a minimum exit period before investing. The circular states immediate applicability and invokes the regulator's statutory authority for issuance.
Quarterly Report of demands pending for realization after issuance of order by Income Tax Settlement Commission under Section 245D(4) of the I.T. Act, 1961.
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Monitoring of ITSC tax demands required; quarterly reports are due to Member (Inv.) after each quarter.
A departmental instruction requires Principal Chief Commissioners, Director Generals (Inv.) and Chief Commissioners (Central) to submit a Quarterly report of demands pending for realization after issuance of Settlement Commission orders under 245D(4), in the prescribed Annexure A format capturing opening pending cases, demands arising during the quarter, collections, and closing pending cases, to be sent to Member (Inv.) by the 10th of the month following the quarter; first report for Jan-Mar 2017 due by 10.04.2017.

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Classification of Selfie Sticks with or without Bluetooth

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Classification of Selfie Sticks: treated as monopod/tripod category regardless of Bluetooth or remote control features.
Selfie sticks, including hand held devices designed to take self portraits, are included in the monopods/bipods/tripods category under the updated HS ... Summary

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Acts Income Tax