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    Filing of references for restoration of ‘struck off’ companies under Companies Act, 2013
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    Restoration of struck-off companies to preserve revenue rights and enable continuation of tax proceedings via RoC or NCLT action promptly.
    Assessing Officers must seek restoration of struck off companies with retrospective effect to the date of striking off where income tax assessments, reassessments, search related proceedings, departmental appeals, penalty proceedings, prosecution, or contemplated proceedings exist, to protect revenue and enable completion of pending tax actions; referrals should be made to the regional Registrar of Companies for revival before the NCLT or appeals filed directly before the NCLT invoking Companies Act restoration provisions and relevant NCLT rules.
    All the non working days/holidays from 23.12.2017 to 31.12.2017 will be treated as working days and all the Income Tax Offices in Delhi shall remain open for normal office hours till 31st December, 2017
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    Time-barring protection: Non-working days reclassified as working days to preserve assessment timelines and office hours.
    Non-working days and holidays in the specified end of year interval are reclassified as working days to protect assessment time limits; all Income Tax Offices in the jurisdiction must remain open for normal office hours through the closing date and the instruction must be given wide publicity.
    Extending the due date of deposit of TDS/TCS​​​​​​​
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    Extension of TDS/TCS deposit due date granted to address electronic payment gateway failure, moving the deadline to the next day.
    Extension of the due date for deposit of tax deducted at source (TDS) and tax collected at source (TCS) was ordered under section 119(2) of the Income-tax Act, 1961 to redress hardship from NSDL e-payment gateway technical issues, by permitting deposits due on 7th November to be made on 8th November, 2017.
    Proposal for extension of date for linking Aadhaar with PAN ​ - Order under section 119 of the Income-tax Act, 1961
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    Aadhaar-PAN linkage requirement: deadline extended by tax authority to allow additional time for taxpayers to comply.
    Under the statutory requirement of section 139AA, taxpayers with an Aadhaar number or enrolment number must link it to their PAN for filing tax returns; the Central Board of Direct Taxes, invoking administrative powers under section 119, extends the period for completing that Aadhaar to PAN linkage to provide additional time for compliance.
    Income-Tax Deduction from Salaries During the Financial Year 2017-18 Under Section 192 of the Income-Tax Act, 1961
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    Income tax deduction from salaries: TDS calculation, employer duties, PAN requirement, Forms 24Q/16, perquisite valuation and penalties.
    Employers must deduct income tax at source under Section 192 on estimated salary income (including perquisites where applicable) for FY 2017-18 by applying the prescribed slab rates, surcharge and education cesses; employers may elect to pay tax on non monetary perquisites at an average rate. Deductors must quote and use TAN/PAN, deposit TDS within prescribed timelines (or seek quarterly permission), file quarterly Form 24Q, issue Form 16 (Part A via TRACES), maintain specified evidence (Forms 12BA/12BB/10E) for exemptions/deductions, apply Section 206AA when PAN is absent, and observe valuation, reporting, correction and penalty rules set out in the circular.
    Unauthorized expansion of the scope of limited scrutiny.
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    Limited scrutiny scope: Assessors must not expand issues without recorded reasons and prior approval, and must maintain order-sheets.
    Limited scrutiny assessments must be confined to the issues for which selection occurred; Assessing Officers must not expand inquiries without recording reasons and obtaining prior approval before conversion to complete scrutiny. Officers are required to maintain comprehensive, dated order-sheet entries and note sheets for each hearing, posting, adjournment, or non-attendance. Failure to comply with these procedural requirements, including perfunctory order-sheet maintenance or unauthorized expansion of scope, can prompt inspection and disciplinary action.
    Some of the important issues to be considered while framing scrutiny assessments pertaining to filing of revised/belated returns by assessees, post-demonetisation.
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    Revised return scrutiny: post demonetisation altered filings may be taxed as cash credits and face anti abuse treatment.
    Where enquiries show that revised or belated returns filed post demonetisation contain fictitious manipulations-such as inflated sales, reduced closing stock, or increased cash in hand-the revised filings are suspect and manipulated receipts/sales/stock may be taxed as cash credit. Assessing Officers should compare disclosures with indirect tax records, verify counterparty genuineness, check tax audit findings, trace sources of payments, and, if income is found undisclosed, apply higher rate taxation applicable to such income; similar scrutiny applies to attempted creation of assets in wealth returns.
    Delay in giving appeal effect and issue of consequential refund,
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    Delay in giving appeal effect risks interest liability; officers must expedite appeal effect and refund processes to prevent accrual.
    The memorandum mandates prompt implementation of appeal effects and consequent refunds to avoid interest liability: Assessing Officers must give appeal effect within two months so refunds can be issued within three months; refund approval proposals and caging actions must be sent within seven days of appeal effect and range heads and principal chiefs must dispose of proposals within seven days, monitor pendency, use ITBA and physical oversight, and escalate delays.
    Processing of income-tax returns filed in Forms ITR-2, 3, 4, 5 & 6 under section 143(1) of the Income-tax Act-applicability of section 143(1)(a)(vi)-reg.
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    Mismatch in reported income prompts comparison with Form 16/16A/26AS, limited to cases where gross figures are comparable.
    Only information contained in Form 26AS, Form 16A and Form 16 shall be considered for adjustment comparisons; where ITR reporting (net figures, presumptive disclosures, consolidated P&L items, or multi year payment records) prevents reliable gross level matching with those Forms, the matching provision shall not be invoked. Exceptions permit adjustment intimations when receipts are wholly omitted or when presumptive income under a single section shows gross receipts lower than amounts in the three Forms; salary and house property reported on a gross basis in appropriate ITRs remain comparable.
    SoP for issue of notice under section 142(1) of the Income-tax Act in cases related to substantial cash deposit during the demonetisation period—reg.
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    Notice under section 142(1) for demonetisation-period substantial cash deposits: issue via ITBA and postal service with evidence retention.
    A list of non-filers who deposited substantial cash during the demonetisation period is being provided to jurisdictional authorities in the AIMS module of ITBA; Assessing Officers must mark exempt government entities as "no return required," generate notices under the Income-tax Act through ITBA, serve notices electronically and by post while preserving evidence, and where service fails use personal service, local enquiries or affixture with system capture; all service dates must be recorded in ITBA and the process completed by 31 December 2017.
    Approval for filing writ petition against order of ITSC
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    Challenging ITSC orders: file writ petitions sparingly and promptly to avoid preclusive subsequent proceedings.
    Board guidance permits filing writ petitions against ITSC orders without prior approval but requires advance intimation to Member (Investigation) when challenging orders under 245D(2C). Such writs should be filed sparingly on strong merit, dealt with locally where feasible, and initiated promptly-within ninety days-to avoid ineffectiveness due to subsequent proceedings under 245D(4). An annexure is prescribed to record case particulars and litigation action.
    Clarification on Indirect Transfer provisions in case of redemption of share or interest outside India under the Income-tax Act, 1961
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    Indirect transfer exemption: redemption of upstream interests outside India excluded where underlying India transfer is taxed and proceeds are pro rata.
    The circular provides that indirect transfer provisions will not apply to income of a non-resident on redemption or buyback of indirect holdings where that income arises from a transfer of shares or securities held in India by specified funds and is chargeable to tax in India, provided the non-resident's proceeds do not exceed its pro rata share of the total consideration realized by the specified funds; direct investors in the specified funds remain taxable under the extant law.
    Clarification on Cash sale of agricultural produce by cultivators/agriculturist
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    Cash receipt prohibition limits large cash sales by cultivators; smaller cash sales avoid disallowance and PAN/Form60 obligations.
    Payments by traders in cash to cultivators for agricultural produce are excluded from the general disallowance that applies to payments made otherwise than by account payee cheque/draft or electronic transfer, by virtue of the rule that carves out purchases from cultivators. However, a statutory prohibition restricts large cash receipts by cultivators unless received by cheque/draft or electronic transfer; PAN/Form 60 quoting requirements do not apply to sale transactions at or below the statutory threshold. Cash sales below that threshold do not cause disallowance, do not attract the cash receipt prohibition, and do not require PAN/Form 60.
    Order under section 119 of the Income-tax Act, 1961 : Due date for filing return as well as various reports of audit extended to November 7, 2017
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    Due date extension for filing income-tax returns and audit reports to November 7 for affected assessees.
    The Board has administratively extended the final due date for filing income-tax returns and various audit reports for the assessment year in question, moving the deadline from the previously communicated late-October date to 7th November, 2017, in response to stakeholder representations and by modification of its earlier order.
    Order under section 119 of the Income-tax Act, 1961 in respect of extension of due date for filing of Country-by-Country Report for reporting accounting year 2016-17
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    Country-by-Country Report due date extended for first reporting year; filing deadline moved to end-March under Section 286 framework
    For the first reporting year, the government has extended the prescribed due date for furnishing the Country-by-Country Report for all assessees covered by the statutory furnishing obligation until 31st March, 2018, as an administrative order, while detailed rules and procedures for furnishing the report remain under consideration.
    Clarification related to guidelines for establishing ‘Piace of Effective Management’ (PoEM) in India-reg.
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    Place of Effective Management: routine regional headquarters global policy functions alone do not establish subsidiary residency in India.
    Guidance clarifies that PoEM is presumed outside India if a company's board meetings are held mostly abroad, but PoEM will be in India if the board is effectively standing aside and management powers are exercised by a holding company or persons resident in India. Routine regional headquarters activities performed under general, group level global policy (payroll, accounting, HR, IT, supply chain, routine banking) do not by themselves constitute the board standing aside and will not establish PoEM for subsidiaries; GAAR may apply in cases of abusive tax planning.
    Draft Notification of amendment of Rule 17A and Form 10A of the Income-tax Rules, 1962- comments and suggestions
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    Registration of charitable trusts: amendment requires re-registration after object modification and electronic Form 10A submission.
    The draft substitutes Rule 17A and Form No.10A to require trusts/institutions to apply for registration under clause (aa) or (ab) of section 12A(1) using Form 10A, accompanied by specified self certified documents (founding instrument, registration evidence, documents of modification of objects, up to three years' prior accounts, activity note, and existing registration/rejection orders). Form 10A must be furnished electronically (digital signature or electronic verification code) and verified by the person authorised under section 140; the Principal DGIT (Systems)/DGIT (Systems) will specify data standards, procedures, and security/archival policies.
    Download/Acceptance of STRs on two nodes of FINnet
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    Access to FINnet nodes: registered users must regularly download and accept STRs from both nodes to ensure timely action.
    Registered FINnet users in DGIT(Inv.) offices must regularly access and accept/download Suspicious Transaction Reports from both assigned FINnet nodes to address significant pendency. DGsIT(Inv.) must ensure node details-mail IDs, user login IDs and passwords-are included in handing-over notes on change of incumbents, and notify any user changes or nominations immediately in the prescribed format.
    Disposal of high tax effect cases having tax effect more than ₹ 50 cr. reg.
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    High tax effect appeals must be disposed by the corrected administrative deadline following a typographical deadline error.
    Directs disposal of pending Category A appeals with disputed high tax effect by 31st December, 2017 pursuant to the Central Action Plan 2017-18. Corrects a prior typographical error that incorrectly stated a later deadline and instructs Principal Chief Commissioners and Commissioners of Income-tax (Appeals) to implement the corrected disposal deadline for the specified high tax effect cases.
    Processing of returns in Form ITR-1 under section 143(1) of the Income-tax Act, 1961 - applicability of section 143(1)(a)(vi)
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    Information matching for third-party statements limited: no intimation under section 143(1)(a)(vi) when ITR 1 net data prevents meaningful comparison.
    Where ITR 1 supplies only net figures that do not permit meaningful comparison with Form 26AS, Form 16A or Form 16, section 143(1)(a)(vi) shall not be invoked to issue intimations proposing adjustments; the provision remains applicable if an entire head or item of income is omitted from ITR 1 but specifically appears in any of the three Forms, and only those three Forms will be considered. Pending intimations are to be handled per this direction, and revised returns filed after intimation are valid and to be processed.

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      Download/Acceptance of STRs on two nodes of FINnet

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      Access to FINnet nodes: registered users must regularly download and accept STRs from both nodes to ensure timely action.
      Registered FINnet users in DGIT(Inv.) offices must regularly access and accept/download Suspicious Transaction Reports from both assigned FINnet nodes to ... Summary

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