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    Refund vouchers-Fraudulent encashment.
    Tax clearance certificates in case of poor workers.
    Satisfaction of charge to be filed with ROC within 30 days from the date of satisfaction/payment of charge revising earlier clarification to the effec...
    FINANCE (NO. 2) ACT, 1991
    Proposals for filing SLP in S.C.
    Central Excise - Lamp & lighting fittings - Availability of exemption under Notification No. 80/90-C.E., dated 20-3-1990 - Clarification - Regarding
    Instructions regarding deduction of tax at source on profits and gains from the business of trading in alcoholic liquor, forest produce, etc.
    Instructions for deduction of tax at source from commission, brokerage, etc.
    Bogus TDS Certificates issued from fake TDS-book No. WB-1335051-1335100.
    Modvat meeting held at Bombay on 7-5-1990 - Point No. 32 regarding Rule 57J
    Deduction of tax at source from withdrawals of deposits made in the National Savings Scheme--Section 194EE of the Income-tax Act, 1961--Instructions r...
    Deduction of income-tax at source from interest other than ``interest on securities''--Section 194A of the Income-tax Act, 1961--Extension of applicab...
    TDS u/s. 194B, 194BB and 194G of the IT Act, 1961--Deduction from winnings from lottery, crossword puzzles, horse races or from commission, etc., paid...
    Section 193 of the Income-tax Act, 1961--Deduction of Income-tax at source from interest on securities during the financial year 1991-92--Instructions...
    Section 194D of the Income-tax Act, 1961--Deduction of tax at source from insurance commission, etc., during the financial year 1991-92
    Section 194C of the Income-tax Act, 1961--Deduction of tax at source from payments made to contractors and sub-contractors--Instructions regarding
    Income-tax deduction from salaries during the financial year 1991-92 under section 192 of the Income-tax Act, 1961
    Central Excise - Classification of paper printed with format of airline tickets or embarkation/dis-embarkation cards which have ink/carbon deposited a...
    Admissibility of Modvat credit refunds to the manufacturers not exporting the final products themselves
    25/91 - 03-10-1991 Central Excise
    Central Excise - Chapter 30 - Classification of the products claimed as Ayurvedic medicine under the C.E.T.A., 1985 - Classification regarding
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    Circulars
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    Refund vouchers-Fraudulent encashment.
    Show AI Summary
    Refund voucher controls: strengthen issuance, recordkeeping and bank cancellation to prevent fraudulent encashment through supervisory oversight.
    Supervisory officers must enforce adherence to prescribed procedures for issuance, security, custody and quarterly verification of refund voucher books; maintain proper records of issue and utilisation; and ensure that when the signing officer changes, the incoming officer immediately cancels the earlier bank authorisation and updates custody controls to prevent fraudulent encashment.
    Tax clearance certificates in case of poor workers.
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    Tax clearance certificate issuance expedited to prevent harassment of low-income workers seeking overseas employment abroad.
    Insistence on production of tax clearance certificates by economically disadvantaged workers departing India for overseas employment may cause harassment; the Department is directed to ensure such certificates are issued promptly and without undue delay to avoid hardship.
    Satisfaction of charge to be filed with ROC within 30 days from the date of satisfaction/payment of charge revising earlier clarification to the effect that period of 30 days to be counted from “date of issue of bank’s letter”
    Show AI Summary
    Filing deadline for satisfaction of charge: file with ROC within 30 days from date of payment or satisfaction.
    The circular directs that satisfaction of charge must be filed with the Registrar of Companies within 30 days from the date of payment or satisfaction of the charge, clarifying that the period does not run from the bank's letter advising the company.
    FINANCE (NO. 2) ACT, 1991
    Show AI Summary
    Tax withholding rules expanded to cover broader payments, allow treaty-adjusted rates and provide procedural reliefs.
    The Finance (No. 2) Act, 1991 amends tax law to set rates and surcharge treatments for 1991-92, expands and clarifies the scope of tax deduction at source and withholding (including new TDS provisions on bank interest, lottery agents, National Savings withdrawals, commission/brokerage), creates substantive amendments and new sections for sectoral incentives (software exports, processed minerals, hotels in remote areas, social welfare projects), revises depreciation and bad debt taxation for financial institutions (section 43D), modifies procedural and assessment timelines, and introduces an Interest tax on credit institutions with accompanying compliance and penalty regimes.
    Proposals for filing SLP in S.C.
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    Timely SLP filing: submit complete proposals 45 days before limitation with specific recommendations to avoid delay.
    Chief Commissioners/Directors General must submit complete proposals for special leave petitions (SLP) to the Board at least 45 days before the limitation expiry to permit Board and Law Ministry processing and timely filing; annexure documents must accompany every proposal and officers must give specific recommendations or refrain from forwarding proposals if they do not recommend filing.
    Central Excise - Lamp & lighting fittings - Availability of exemption under Notification No. 80/90-C.E., dated 20-3-1990 - Clarification - Regarding
    Show AI Summary
    Exemption availability for lamps and lighting fittings depends on material predominance by weight for composite articles.
    Exemption under Notification No. 80/90-C.E. for lamps and lighting fittings not made of glass is to be determined by applying a material predominance test: predominance by weight of metal or other material used in manufacture should guide classification and eligibility, and this criterion is to be communicated to trade and field formations.
    Instructions regarding deduction of tax at source on profits and gains from the business of trading in alcoholic liquor, forest produce, etc.
    Show AI Summary
    Tax collection at source on specified goods requires sellers to collect, remit promptly, issue certificates and file returns.
    Collection of tax at source is required on receipts from trading in specified goods - alcoholic liquor (excluding Indian-made foreign liquor), timber and other forest produce - by sellers at the time of debiting the buyer's account or on receipt of payment. Preserved rates are subject to a surcharge where the buyer is a domestic company or otherwise. Sellers must remit collected tax within seven days, issue collection certificates within ten days, and file prescribed half yearly returns; failures attract penalties, interest and possible criminal sanction for non payment.
    Instructions for deduction of tax at source from commission, brokerage, etc.
    Show AI Summary
    Tax deduction at source on commission and brokerage requires timely withholding, deposit, certificate issuance, and TAN compliance.
    Section 194H requires non-individual payers to deduct tax at source on commission or brokerage at the time of credit or payment; commission includes payments for non professional services and credits to any account are treated as payment. Constructive receipt by agents triggers deduction by principals. Deductors must deposit tax within prescribed timeframes, may seek quarterly deposit permission, and face interest, penalties and possible prosecution for failures; they must also issue prescribed deduction certificates and quote TAN in documentation.
    Bogus TDS Certificates issued from fake TDS-book No. WB-1335051-1335100.
    Show AI Summary
    Bogus TDS certificates: refuse credit or refund for specified TDS book and reopen cases to recover revenue.
    Instruction directs that no credit or refund be allowed in respect of TDS certificates issued from TDS-book No. WB-1335051-1335100, since specified Form No.16 serials were confirmed not to have been issued and the book is counterfeit; where credit or refund has been given, matters should be reopened and recovery of the revenue effected.
    Modvat meeting held at Bombay on 7-5-1990 - Point No. 32 regarding Rule 57J
    Show AI Summary
    Correction of administrative circular reference clarifies the applicable Modvat meeting and Rule 57J application.
    The Board corrects an earlier circular that misidentified the Modvat meeting location: references to the Modvat meeting should read as the meeting held at Bombay on 7-5-1990, thereby clarifying the factual basis for matters concerning Rule 57J, and disposes of the CCE, Bombay-III letter noted in correspondence.
    Deduction of tax at source from withdrawals of deposits made in the National Savings Scheme--Section 194EE of the Income-tax Act, 1961--Instructions regarding
    Show AI Summary
    Tax Deduction at Source on National Savings Scheme withdrawals: TDS and surcharge apply, with exemptions and payer obligations.
    Section 194EE mandates deduction of tax at source at twenty per cent on payments falling under clause (a) of sub section (2) of section 80CCA (notably NSS withdrawals), with a twelve percent surcharge on such tax. Exemptions include payments below the two thousand five hundred rupee threshold in a financial year, payments to heirs of a deceased depositor, and where an individual resident furnishes Form No.15-I declaring nil tax. Deductors must remit deducted tax timely, issue Form No.16A, obtain and quote a TAN, file annual returns of deduction, and comply with prescribed penalties and interest for defaults.
    Deduction of income-tax at source from interest other than ``interest on securities''--Section 194A of the Income-tax Act, 1961--Extension of applicability to interest on time deposits with banks, etc.--Regarding
    Show AI Summary
    Tax deduction at source on bank time deposit interest now applies; deduct at credit or payment, subject to exemptions and compliance.
    Section 194A was amended to make tax deduction at source applicable to interest on time deposits with banking companies and certain cooperative societies from 1 October 1991, with deduction required at the time of credit or payment. Cumulative deposits credited in the payer's books trigger deduction on each credit; interest relating to periods before 1 April 1991 on earlier deposits is excluded. Exemptions include a threshold for aggregate interest in a year and declarations or certificates permitting nil or lower deduction. Payers must obtain TAN, issue TDS certificates, file returns, and face interest, penalties and criminal sanctions for non-compliance.
    TDS u/s. 194B, 194BB and 194G of the IT Act, 1961--Deduction from winnings from lottery, crossword puzzles, horse races or from commission, etc., paid on sale of lottery tickets--Rates of tax applicable during the financial year 1991-92
    Show AI Summary
    TDS on lottery commissions requires 10% withholding plus surcharge and triggers strict depositor and reporting duties.
    Sections 194B and 194BB require withholding from winnings from lotteries, crossword puzzles and horse races at the existing rate of forty percent plus surcharge, with section 194BB's exemption limit reduced; section 194G, effective 1-10-1991, requires ten percent withholding (plus surcharge) on commission, remuneration or prize paid to persons involved in sale or distribution of lottery tickets where payments exceed the prescribed threshold, and crediting to any account (including suspense accounts) is deemed payment for withholding purposes.
    Section 193 of the Income-tax Act, 1961--Deduction of Income-tax at source from interest on securities during the financial year 1991-92--Instructions regarding
    Show AI Summary
    Tax Deduction at Source on interest on securities requires deduction on credit or payment, with exemptions and strict compliance obligations.
    Deduction of income-tax at source from interest on securities for 1991-92 requires tax to be deducted at the earlier of credit to the payee's account (including credit to suspense accounts) or payment, at specified rates and surcharges for residents, non-residents and companies. Identified exemptions include prescribed declarations by resident individuals, exemption or abatement certificates issued by Assessing Officers, and notified exempt securities or exempt corporations. Deductors must deposit tax within prescribed times, issue TDS certificates, quote TAN, file an annual TDS return with copies of certificates, and face penalties, interest and possible prosecution for noncompliance.
    Section 194D of the Income-tax Act, 1961--Deduction of tax at source from insurance commission, etc., during the financial year 1991-92
    Show AI Summary
    Tax deduction at source on insurance commission requires prescribed rates, surcharge and compliance with certificate, deposit and reporting obligations.
    Tax deduction at source on payments by way of insurance commission for residents is subject to prescribed rates with an additional surcharge; payments to non-residents are handled under separate withholding provisions. No deduction is required where annual aggregate commission does not exceed the small threshold. A resident may obtain a certificate for lower or nil deduction under the statutory procedure, and the payer must deposit deducted tax within prescribed time, issue Form No.16A, quote TAN and file annual return in Form No.26D, with statutory penalties and interest for noncompliance.
    Section 194C of the Income-tax Act, 1961--Deduction of tax at source from payments made to contractors and sub-contractors--Instructions regarding
    Show AI Summary
    Deduction of tax at source from contractor payments requires prescribed withholding, procedural filings, and possible certificate-based relief.
    Section 194C requires deduction of tax at source on payments to resident contractors and sub contractors for carrying out work, including supply of labour, at prescribed withholding rates and subject to a monetary exemption threshold; Assessing Officers may, on application in Form No.13C, issue certificates directing lower or no deduction. Deductors must pay amounts to government in the prescribed manner and time, furnish Form No.16B certificates, quote TAN, and file annual returns in Form No.26C; statutory provisions prescribe interest, penalties and prosecution for failures.
    Income-tax deduction from salaries during the financial year 1991-92 under section 192 of the Income-tax Act, 1961
    Show AI Summary
    Tax deduction at source on salaries: compute on estimated annual salary after statutory exemptions; verify claims and remit timely.
    Employers must deduct income-tax at source from salary payments by computing tax on the employee's estimated annual salary at the average rate in force, after allowing statutory exemptions, prescribed deductions and rebates; valuation of perquisites follows Income-tax Rules; deductors must verify claims, deposit tax within prescribed time, furnish TDS certificates and annual returns, quote TAN, and face interest, penalties and possible prosecution for failures to deduct, remit or report correctly.
    Central Excise - Classification of paper printed with format of airline tickets or embarkation/dis-embarkation cards which have ink/carbon deposited at appropriate places on reverse side, and of continuous stationery for computers whether single ply, or inter-leaved with carbon, and printed - Clarif
    Show AI Summary
    Printed tickets classified as printed matter, while continuous computer stationery is classed as stationery and eligible for exemption.
    Paper formatted as airline tickets or embarkation/disembarkation cards, including blanks and those with ink/carbon on the reverse, are classed as printed matter with fiduciary character under Chapter 49 constructs. Continuous computer stationery, single ply or inter leaved with carbon and whether plain or printed with EZR lines or business formats, is classifiable under Heading 4820 as stationery and eligible for exemption under the relevant notification. The classification turns on whether an item is essentially printed matter or a form used as sheets torn off for business transactions.
    Admissibility of Modvat credit refunds to the manufacturers not exporting the final products themselves
    Show AI Summary
    Modvat credit refunds barred where drawback recovers excise on the same exported goods to prevent double benefit.
    Manufacturers must not receive cash refunds of Modvat credit for exported goods when the Central Excise duty on those same goods is recovered by drawback, since allowing both would yield a duplicate benefit; field formations are instructed to withhold such refunds pending detailed examination.
    25/91 - 03-10-1991 Central Excise
    Central Excise - Chapter 30 - Classification of the products claimed as Ayurvedic medicine under the C.E.T.A., 1985 - Classification regarding
    Show AI Summary
    Classification as Ayurvedic medicine requires common parlance recognition and listed ingredients to guide excise assessments.
    Classification as Ayurvedic medicine for Central Excise requires that the preparation be, in common parlance, known as an Ayurvedic medicine and that all its ingredients appear in authoritative Ayurvedic books; collectors must examine each case on its merits and, if doubt remains, refer to the Board and the Drugs Controller, and pending assessments should be finalised accordingly, excluding herbal or Ayurvedic cosmetics.

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      Central Excise

      Central Excise - Lamp & lighting fittings - Availability of exemption under Notification No. 80/90-C.E., dated 20-3-1990 - Clarification - Regarding

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      Exemption availability for lamps and lighting fittings depends on material predominance by weight for composite articles.
      Exemption under Notification No. 80/90-C.E. for lamps and lighting fittings not made of glass is to be determined by applying a material predominance ... Summary

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