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    Reports on compounding petitions.
    Wealth Tax-Scrutiny cases.
    Power used in heating elements for heating of moulding powder before moulding - Eligible for exemption under Notification No. 144/89-C.E.
    Exciseability and classification of Cotton Linters after processing - Whether classifiable under Heading 1401 or 4701
    Exemption of excise duty on Galvanised Iron Buckets in terms of Notification No. 181/88-C.E., dated 13-5-1988 - Clarification - Regarding
    Finance Act, 1990--Explanatory Notes on the provisions relating to direct taxes
    Deduction under section 80HHC of the Income-tax Act, 1961, as amended by the Finance Act, 1990--Clarification regarding
    CE-MMSF - Fixing of percentage of waste for Polyester Staple Fibre Industry - Regarding
    Particulars of refund exceeding Rs. 50,000/- and above to Income-Tax Authorities - Intimation regarding
    Deduction of income-tax at source under section 194D of the Income-tax Act, 1961--Deduction from insurance commission, etc.--Rate of tax applicable du...
    Deduction of tax at source under sections 194B and 194BB of the Income-tax Act, 1961--Deduction from winnings from lottery or crossword puzzles or hor...
    Income-tax deduction from salaries during the financial year 1990-91 under section 192 of the Income-tax Act, 1961
    Whether the supplier of the raw materials or the Job workers would be the actual manufacturer for purposes of exemption under Notification No.175/86 d...
    Central Excise - Classification of 'Cut tobacco' dust arising in the course of separation of dust from sieved cut tobacco through air-pressure, winnow...
    28/90 - 20-07-1990 Central Excise
    Classification of Steel Tubular Poles, commercially known as 'Transmission Poles 'after 1-3-1988 - Whether under sub-heading No. 7306.90 or 7326.90 or...
    Section 80L of the Income-tax Act, 1961--Admissibility of deduction in respect of income from units of the Unit Trust of India
    Central Excise - Cases relating to cigarette companies - Modalities to be followed in revising Show Cause Notices/demanding lesser amounts of duty tha...
    Modvat - Notional credit under Rule 57B cannot be taken at a later date than the date of taking credit of actual duty at the time of receipts of input...
    Classification of Evaporative type of Air Coolers and its parts
    Mode of investment as specified in sub-section (5) of section 11 of the Income-tax Act--Investment in ``Kisan Vikas Patra'' and ``Indira Vikas Patra''...
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    Circulars
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    Reports on compounding petitions.
    Show AI Summary
    Compounding procedure requirements: reports must address all guideline conditions, factual submissions, and be timely and signed.
    Reports on compounding petitions must address the assessee's submissions, confirm whether guideline conditions are satisfied, and state whether it is a first offence, whether the case involves a large industrial house, prospects of successful prosecution with reasons, and whether the assessee is cooperative. Reports must explain any claimed hardship, be signed by the Chief Commissioner, reach the Board within one month, and explicitly state the assessee's willingness to pay the full composition fee; recommendations to reduce the fee where no guideline permits are impermissible.
    Wealth Tax-Scrutiny cases.
    Show AI Summary
    Wealth tax scrutiny selection revised to tiered scrutiny for mid-range returns and mandatory scrutiny for high-return cases.
    Revises wealth tax scrutiny from the specified assessment year by linking scrutiny to income tax selections, requiring that wealth returns corresponding to income tax scrutiny be examined. Establishes tiered selection intensity for different wealth bands and mandates scrutiny of highest wealth returns; search cases must be fully scrutinised. Jurisdiction for scrutinised wealth cases follows the Wealth Tax Act allocation, so high net wealth does not change jurisdiction if income remains below the threshold for higher officials.
    Power used in heating elements for heating of moulding powder before moulding - Eligible for exemption under Notification No. 144/89-C.E.
    Show AI Summary
    Exemption for power used in pre-moulding heating elements affirmed; power used after moulding may affect exemption eligibility.
    Power used to heat moulding powder before moulding does not affect exemption under Notification No. 144/89-C.E., provided other conditions of the Notification are met; proviso (ii) applies only to use of power for operations after moulding. Pending cases should be finalised accordingly and field formations and trade interests informed.
    Exciseability and classification of Cotton Linters after processing - Whether classifiable under Heading 1401 or 4701
    Show AI Summary
    Classification of cotton linters depends on whether pulping causes fundamental transformation, altering tariff heading accordingly.
    Classification of cotton linters after processing depends on the method used: raw, cleaned, bleached or rendered absorbent linters remain under Heading 1401, but where linters are subjected to alkaline cooking/digestion (pulping) that solubilises non cellulosic materials and yields a purified cellulose product, they are classifiable as cotton linter pulp under Heading 4701. Processes that do not produce such a fundamental transformation do not attract additional excise beyond the treatment applicable to bleached cotton linters.
    Exemption of excise duty on Galvanised Iron Buckets in terms of Notification No. 181/88-C.E., dated 13-5-1988 - Clarification - Regarding
    Show AI Summary
    Galvanised iron buckets exemption covers buckets made from mild steel sheets, preserving excise-duty relief under relevant notifications.
    The term galvanised iron buckets includes buckets made from mild steel sheets coated with zinc by galvanisation, and use of mild steel sheets and their cuttings in manufacture does not deny entitlement to excise duty exemption under the cited notifications; field formations and trade are to be informed accordingly.
    Finance Act, 1990--Explanatory Notes on the provisions relating to direct taxes
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    Tax rate restructuring and incentive reform reshape direct tax liabilities and compliance obligations for taxpayers and intermediaries.
    The Finance Act, 1990 restructures income tax and TDS rates, recalibrates surcharge applicability, curtails or phases out selected investment incentives and development allowances, and substitutes deduction based savings reliefs with tax rebate mechanisms. It introduces new measures including Equity Linked Savings and Tea Development Accounts with audit and withdrawal conditions, a deduction for expenditure on handicapped dependants, tighter rules for export incentives and foreign exchange realisation, and procedural changes enhancing assessment, return filing, reopening and penalty administration.
    Deduction under section 80HHC of the Income-tax Act, 1961, as amended by the Finance Act, 1990--Clarification regarding
    Show AI Summary
    Export incentives tax treatment clarified: incentives are taxable but excluded from total turnover for export-profits deduction.
    Cash compensatory support, duty drawback and profit on sale of import entitlement licences are revenue receipts included in taxable business profits by retrospective amendment; however, the Finance Act clarified that computing the export-profits deduction excludes these export incentives from total turnover, and that exclusion is clarificatory and applies to earlier assessment years.
    CE-MMSF - Fixing of percentage of waste for Polyester Staple Fibre Industry - Regarding
    Show AI Summary
    Waste determination for polyester staple fibre: physical verification and sampling govern classification; no fixed waste percentage imposed.
    Waste in polyester staple fibre must be classified by physical verification and sample testing where needed; no statutory percentage is prescribed and the Board advises against fixing any maximum percentage. Each consignment is to be examined on its merits by the assessing officer, and waste cleared after payment of duty in accordance with its classification under the CET.
    Particulars of refund exceeding Rs. 50,000/- and above to Income-Tax Authorities - Intimation regarding
    Show AI Summary
    Reporting of large excise refunds must be made to income tax authorities quarterly, with a copy to supplies oversight.
    Refunds of Central Excise duties above the prescribed threshold must be reported quarterly to the concerned Income Tax authorities, with a copy to the central supplies oversight office; field formations are directed to strictly adhere to this reporting requirement following audit findings of non compliance.
    Deduction of income-tax at source under section 194D of the Income-tax Act, 1961--Deduction from insurance commission, etc.--Rate of tax applicable during the financial year 1990-91
    Show AI Summary
    Tax deduction at source for insurance commission: prescribed withholding rates, surcharge, exemptions, and compliance obligations apply.
    Deduction of income-tax at source applies to insurance commission: residents other than companies are to have tax deducted at ten per cent and domestic companies at twenty-one point five per cent, non-resident non-corporates at the higher of the schedule-prescribed rate or thirty per cent and non-domestic companies at sixty-five per cent; an eight per cent surcharge on the computed tax is applicable where specified. Deductions are to be made at payment or credit, with exemptions limited to residents and procedural obligations for certificates, TAN, returns and penalties on non-compliance.
    Deduction of tax at source under sections 194B and 194BB of the Income-tax Act, 1961--Deduction from winnings from lottery or crossword puzzles or horse races--Rates of tax applicable during the financial year 1990-91
    Show AI Summary
    Tax deduction at source on gambling winnings: obligation to deduct unchanged rates and payer liability persists.
    The Finance Act, 1990 did not change rates or surcharge for tax deduction at source on winnings from lotteries, crossword puzzles and horse races for 1990-91. Payors of such winnings must continue to deduct tax at the rates set out in the earlier Circular No.536, deposit amounts to the Central Government within stipulated timeframes, and furnish the annual return; failure to deposit deducted tax or to file returns attracts liability and other consequences.
    Income-tax deduction from salaries during the financial year 1990-91 under section 192 of the Income-tax Act, 1961
    Show AI Summary
    Tax deduction from salaries: updated computation, reliefs and deductor obligations following recent tax amendments.
    Circular prescribing deduction of tax at source from salaries under section 192 for 1990-91: tax to be deducted on estimated annual salary at average annual rates, with monthly division and subsection (3) adjustments. It explains Finance Act, 1990 changes (raised exemption limit, revised slabs, introduction/amendment of sections 88, 88A, 80CCB, 80DD, higher 80CCA ceiling and surcharge), defines salary and perquisite valuation rules, enumerates allowed exemptions and deductions (including standard deduction under section 16 and savings rebates), and sets procedural duties of deductors (verification of claims, Form No.16 issuance, TAN quoting, annual returns, correct challan usage and penalties for defaults).
    Whether the supplier of the raw materials or the Job workers would be the actual manufacturer for purposes of exemption under Notification No.175/86 dated 1-3-1986
    Show AI Summary
    Actual manufacturer status turns on principal-to-principal relationship or whether the job worker is a dummy unit.
    Whether the supplier of raw materials or the job worker is the actual manufacturer for exemption under Notification No.175/86 depends on the legal relationship and factual matrix: if the relationship is principal-to-principal the job worker is the actual manufacturer; if the job worker is established as a dummy unit or mere hired labour under the terms of agreement, the raw material supplier will be treated as the manufacturer.
    Central Excise - Classification of 'Cut tobacco' dust arising in the course of separation of dust from sieved cut tobacco through air-pressure, winnowing waste arising in the course of sieving of cut tobacco, ripped tobacco arising out of the ripping of defective cigarettes - Regarding
    Show AI Summary
    Tobacco refuse duty treatment clarified: refuse from cut tobacco received under Chapter X may be cleared without duty.
    Tobacco refuse from cut tobacco, including winnowing waste, is classifiable as tobacco refuse under Heading 24.01 and, when arising from cut tobacco received under the concessional Chapter X procedure, may be cleared without payment of duty. There is no Chapter X provision requiring levy of differential duty on such refuse; disposal remains subject to examination and written permission under Rule 195, and credit taken need not be expunged when non-dutiable tobacco refuse arises.
    28/90 - 20-07-1990 Central Excise
    Classification of Steel Tubular Poles, commercially known as 'Transmission Poles 'after 1-3-1988 - Whether under sub-heading No. 7306.90 or 7326.90 or under 7308.90 - Clarification regarding
    Show AI Summary
    Classification of steel tubular poles as parts of structures leads to their inclusion under the residuary tariff heading for structures.
    Steel tubular poles, made by forming and welding HR coil sections into joined tubular sections that lack a uniform cross section and are further fabricated into identifiable articles for transmission systems, do not qualify as "other tubes and pipes." Applying the Explanatory Notes, such tubular poles are complete or incomplete material structures or parts thereof that generally remain in position once installed, and are therefore classifiable under the residuary heading for structures and parts, specifically sub-heading 7308.90 of the Central Excise Tariff Act, 1985.
    Section 80L of the Income-tax Act, 1961--Admissibility of deduction in respect of income from units of the Unit Trust of India
    Show AI Summary
    Deduction for dividend from UTI units recognised as admissible under income tax deduction provision within aggregation limits.
    Income from units of the Unit Trust of India is treated as dividend from an Indian company by virtue of the Unit Trust of India Act, and therefore qualifies for the additional deduction under the second proviso to sub section (1) of the Income tax Act. Such income must be aggregated with specified interest and dividend receipts and considered for the proviso's deduction subject to the overall ceiling and after accounting for amounts already allowed under the main subsection and first proviso.
    Central Excise - Cases relating to cigarette companies - Modalities to be followed in revising Show Cause Notices/demanding lesser amounts of duty than what is demanded in Show Cause Notices - Instructions regarding
    Show AI Summary
    Determination of lesser excise duty: Assistant Collector may fix duty below SCN amount without formal amendment.
    Following the Attorney General's view that higher slab rates apply where cigarettes were sold above declared prices, prior tariff-rate instructions were superseded and SCNs revised. The Law Ministry clarified that under Section 11A the Assistant Collector may, after considering representations, determine the amount of duty due up to the amount specified in the notice; if the duty due is less, the Assistant Collector may fix the lesser amount without a formal amendment to the SCN. Field formations are to dispose of pending SCNs accordingly.
    Modvat - Notional credit under Rule 57B cannot be taken at a later date than the date of taking credit of actual duty at the time of receipts of inputs
    Show AI Summary
    Notional credit timing under Modvat: notional credit cannot be deferred beyond actual duty credit at input receipt.
    Notional credit under Modvat must be taken no later than the date when actual duty credit was taken on receipt of inputs; in the absence of a specific Modvat provision allowing deferred recognition, the Law Ministry has confirmed the Board's instruction that deferred notional credit is not permissible, and aggrieved assessees may pursue appellate remedies.
    Classification of Evaporative type of Air Coolers and its parts
    Show AI Summary
    Classification of evaporative air coolers: treated as miscellaneous mechanical appliances, attracting the applicable excise tariff.
    Evaporative coolers lack the required temperature-changing elements and only increase humidity; therefore they do not qualify as air conditioning machines and should be classified under the miscellaneous machines tariff provision covering individual-function mechanical appliances. Their component parts not specified elsewhere are similarly classifiable, and such goods attract the standard excise duty applicable to that miscellaneous tariff provision.
    Mode of investment as specified in sub-section (5) of section 11 of the Income-tax Act--Investment in ``Kisan Vikas Patra'' and ``Indira Vikas Patra''--Clarification regarding
    Show AI Summary
    Savings certificates recognised as eligible investment for charitable trust surplus, encompassing Indira Vikas Patra and Kisan Vikas Patra.
    Clarifies that Indira Vikas Patra and Kisan Vikas Patra, having been notified under the rule-making powers for savings certificates, constitute savings certificates within the Government Savings Certificates framework and therefore qualify as authorised modes of investment for public charitable or religious trusts under the statutory provision governing investment of surplus funds.

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      Central Excise

      Central Excise - Cases relating to cigarette companies - Modalities to be followed in revising Show Cause Notices/demanding lesser amounts of duty than what is demanded in Show Cause Notices - Instructions regarding

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      Determination of lesser excise duty: Assistant Collector may fix duty below SCN amount without formal amendment.
      Following the Attorney General's view that higher slab rates apply where cigarettes were sold above declared prices, prior tariff-rate instructions were ... Summary

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