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    Board’s report - Companies (Particulars of Employees) Rules, 1975 ‑ Certain queries regarding terms “remuneration” and “last employment ...
    Contracts in which directors are interested ‑ Whether proviso to the sub‑section, requiring approval of Central Government
    Disallowance of expenditure on advertisements in souvenirs. Attention is invited to Boarad's Circular No.19 (F.No. 9/20/69-IT(AII) - See [1969] 73 ITR...
    Scope and applicability of new section 273A of Income tax Act, 1961.
    Money‑lending and financing transactions by erstwhile banks taken up and carried on after nationalisation.
    Deduction of income-tax at source--Section 194D of the Income-tax Act, 1961-Deduction from insurance commission, etc.--Financial year 1976-77
    Deduction of income-tax at source-Section 194B of the Income-tax Act, 1961--Deduction from lottery and crossword puzzle prizes--Financial year 1976-77...
    Whether fee is not payable by liquidator/receivers in respect of various statements, returns, etc.
    Valuation of immovable properties.
    Appellate orders favourable to Department not given effect to for a period exceeding 5 to 6 years.
    Member of Parliament entitled to receive an allowance at the rate of Rs.500/- per month.
    Provisions applicable to every mode of winding up ‑ Deposit of surplus funds available with official liquidator in nationalised bank ‑ Whe...
    Government securities become refundable in cases of invalid declaration.
    Para 5(vii) of the C&AG's Report for the financial year 1974-75-position of arrears of Annuity Deposit.
    Delegating powers to write-off irrecoverable demands relating to other Direct Taxes.
    Working of Valuation Cell.
    Certain queries regarding terms “remuneration” and “last employment held” and other matters connected therewith clarified
    Requirement of passing special resolution for appointment of auditor by company in which shareholding, exceeding 25 per cent of subscribed capital, he...
    Inspection of documents kept by Registrar - Photostat copies of original documents - Registrar may certify on payment of fees
    Allotment of a Permanent Account Number in Form No.49-A before the 31st May, 1976.
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    Circulars
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    Board’s report - Companies (Particulars of Employees) Rules, 1975 ‑ Certain queries regarding terms “remuneration” and “last employment held” and other matters connected therewith clarified
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    Particulars of employees must be included within the directors' report; loose annexures do not satisfy statutory compliance.
    The Companies (Particulars of Employees) Rules, 1975 require specified employee particulars to be presented as part of the directors' report; furnishing those particulars in a loose annexure appended to the report does not constitute proper statutory compliance.
    Contracts in which directors are interested ‑ Whether proviso to the sub‑section, requiring approval of Central Government
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    Approval under special director provisions suffices, eliminating separate general provision approval requirement for overlapping director employment contracts.
    The Department treats the general proviso requiring Central Government approval for contracts in which directors are interested as general and provisions regulating director appointments and employment terms as special; where approval is required under the special provisions for a managing director's employment or related director specific provisions, that approval is sufficient and no separate approval under the general proviso is necessary.
    Disallowance of expenditure on advertisements in souvenirs. Attention is invited to Boarad's Circular No.19 (F.No. 9/20/69-IT(AII) - See [1969] 73 ITR (St.) 18 dated the 13 June, 1969, on the above subject.
    Show AI Summary
    Advertisement expense deductibility: souvenir advertising allowed if rule 6B conditions met and expenditure is evidenced.
    Expenditure on advertisements in souvenirs is to be treated like other advertising expenses and may be allowed as a business deduction where it is incurred wholly and exclusively for business and the conditions of rule 6B are fulfilled, with evidence that the expenditure has been incurred; no distinction should be drawn between souvenir advertisements and other advertisements for purposes of section 37(1).
    Scope and applicability of new section 273A of Income tax Act, 1961.
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    Relief under section 273A: Commissioner discretion to reduce or waive tax interest and penalties for genuine hardship.
    Section 273A allows the Commissioner to reduce or waive interest and penalties for applications made on or after 1 October 1975, or suo motu thereafter, irrespective of the assessment year or date of the underlying order. The Board defines genuine hardship as real, severe suffering or privation, to be assessed on the facts and circumstances; illustrative cases include business ruin from recovery, calamity-induced losses with no recoverable assets, serious illness diverting funds, disproportionate aggregated demands due to departmental delay, and bona fide filing misunderstandings. Applications may be held pending while appeals are exhausted or waived.
    Money‑lending and financing transactions by erstwhile banks taken up and carried on after nationalisation.
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    Exemption for post nationalisation lending excluded when banking is the company's primary activity; statutory lending limits must be observed.
    The circular applies the primary object test to conclude that an erstwhile banking company whose principal purpose was banking is not covered by the exemption for companies established primarily for financing industries; incidental advances made post nationalisation do not remove the statutory restrictions on lending, and officers must ensure compliance with the prescribed lending limits for such post nationalisation money lending and financing transactions.
    Deduction of income-tax at source--Section 194D of the Income-tax Act, 1961-Deduction from insurance commission, etc.--Financial year 1976-77
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    Deduction of income-tax at source requires insurers to deduct tax from insurance commission and meet payment and reporting obligations.
    Deduction of income-tax at source from payments by way of insurance commission is mandated under Section 194D, with rates for the financial year prescribed by the Finance Act. Deduction is to be made at the earlier of credit or payment and applies to amounts credited or paid after 31 May 1973. Payers must remit tax deducted promptly to Government accounts, apply rounding rules, refrain from adjusting current deductions for earlier excess credits, permit recipients to obtain certificates for lower or nil deduction, issue prescribed deduction certificates, and file quarterly and annual statements in prescribed forms.
    Deduction of income-tax at source-Section 194B of the Income-tax Act, 1961--Deduction from lottery and crossword puzzle prizes--Financial year 1976-77.
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    Tax deduction at source on lottery winnings required at prescribed rates, with exemption for small prizes.
    Section 194B requires deduction of income tax at source on lottery and crossword puzzle winnings for 1976-77 at Finance Act prescribed rates, with no deduction where winnings do not exceed the statutory threshold. Tax is deductible on cash prizes and on the aggregate value when prizes are partly in kind; instalment payments are taxed on actual payment. Rounding rules apply to tax deducted; government and other payers have specified timelines for remittance. Forms 13 B, 19B and 26B govern certificates, withholding documentation and quarterly reporting.
    Whether fee is not payable by liquidator/receivers in respect of various statements, returns, etc.
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    Fee exemption for liquidators: filings with the Registrar under the earlier Companies Act are not subject to Schedule X fees.
    Liquidators and receivers filing statements and returns with the Registrar under the earlier Companies Act are not required to pay fees prescribed in Schedule X of the later Companies Act, by virtue of the saving in section 647; statements of accounts are governed by rules framed by the respective High Courts.
    Valuation of immovable properties.
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    Valuation of immovable properties requires sharing tribunal decisions with Valuation Cell chief engineers for administrative guidance.
    Instruction mandates that tribunal decisions concerning valuation of immovable properties (excluding agricultural land, forests and mines) be circulated to the Valuation Cell and specifically brought to the attention of Chief Engineers so tribunal reasoning can guide valuation practice.
    Appellate orders favourable to Department not given effect to for a period exceeding 5 to 6 years.
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    Compliance with appellate orders: ensure prompt implementation, record retention, and accountability for delays in enforcement.
    The Board directs a review of Income-tax Appellate Tribunal orders to determine whether they have been implemented, requires that all pending Tribunal orders be given effect forthwith, and instructs maintenance of copies on assessment files. Where inordinate delays are found in implementing orders favourable to the Department, the Board advises considering disciplinary action against responsible officers and mandates development of administrative systems to prevent future lapses.
    Member of Parliament entitled to receive an allowance at the rate of Rs.500/- per month.
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    Parliamentary allowance exemption: fixed allowance is non-taxable; documented excess expenditure may be deducted.
    MPs receive a statutory monthly allowance in lieu of specified additional facilities which is exempt from tax; the prior minimum standard deduction need not be allowed from the allowance's commencement. If actual expenditure exceeds the statutory allowance, the tax officer may examine evidence and allow deductions for the excess when computing the MP's income under the general deduction provision.
    Provisions applicable to every mode of winding up ‑ Deposit of surplus funds available with official liquidator in nationalised bank ‑ Whether court’s approval is to be obtained
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    Investment of Official Liquidator Funds: court approval permits depositing surplus company funds in nationalised banks.
    Surplus moneys of an official liquidator not immediately required for winding up must be invested in government securities or held as interest bearing deposits in the designated State bank; deposits in other scheduled banks-including nationalised banks-are permissible with the prior approval of the court, and court approval may be obtained where convenient to deposit such surplus funds in nationalised banks in the official liquidator's name for the company concerned.
    Government securities become refundable in cases of invalid declaration.
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    Refund of tax paid on invalid declarations: Commissioner to order refund and Income tax Officer to issue adjusted voucher.
    Where declarations are treated as invalid because they fall outside the statutory cut off, the Commissioner must pass a formal order stating the reason for non acceptance and the refundable amount, send a copy to the Income tax Officer, who will then issue a refund voucher with the three prescribed certificates scored out and notify the bank; adjustments against other demands are not permitted unless the declarant agrees, in which case records must be updated accordingly.
    Para 5(vii) of the C&AG's Report for the financial year 1974-75-position of arrears of Annuity Deposit.
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    Annuity deposit arrears recovery: priority treatment with mandated verification procedures and expedited collection measures.
    Commissioners must treat arrears of Annuity Deposits and appeals thereon as priority matters, take immediate steps to ensure adjustment, reduction and collection, and segregate amounts deemed irrecoverable while withholding write-off pending central clearance. Where payments lack counterfoils, assessees must file an amended Form No.5 with certified copies verified by the ITO (and IAC countersignature where prescribed), the ITO must record verification in the assessment file, and a separate register must record details of adjustments for revenue audit. Reporting is reinforced by adding a column to the Quarterly Statement to track arrears reduction.
    Delegating powers to write-off irrecoverable demands relating to other Direct Taxes.
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    Delegation of write-off powers for direct taxes aligned with income-tax procedure; higher-value cases require Board review.
    Delegation of write-off powers for irrecoverable demands relating to other Direct Taxes is authorised to Commissioners/controllers, to be exercised following the same procedure as for income-tax write-offs, but subject to a prescribed monetary ceiling; proposals exceeding that ceiling must be sent to the Board with the Zonal Committee's recommendations. Existing Board instructions on income-tax write-offs apply to Wealth-tax, Gift-tax, Expenditure-tax and Estate Duty within these limits.
    Working of Valuation Cell.
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    Valuation referrals timing: send references early to the Valuation Cell to ensure even workload and avoid year-end rush.
    Assessing officers are directed to forward references for property valuation to the Valuation Cell in the early part of the year to permit even distribution of assignments among Valuation Officers and to avoid a year-end rush of work.
    Certain queries regarding terms “remuneration” and “last employment held” and other matters connected therewith clarified
    Show AI Summary
    Remuneration disclosure: report only cash amounts in the "remuneration received" column; exclude non cash contributions and perquisites.
    Total emoluments for determining inclusion must include perquisites valued under income tax rules, but the "Remuneration received" column in the Schedule must record only amounts actually paid in cash; contributions to provident, gratuity or superannuation funds and perquisites in kind are excluded from that cash remuneration figure.
    Requirement of passing special resolution for appointment of auditor by company in which shareholding, exceeding 25 per cent of subscribed capital, held by public institutions, etc.
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    Significant public shareholding requires a special resolution for auditor appointment, material date is the general meeting.
    The material date for triggering the requirement of a special resolution for auditor appointment is the date of the annual general meeting at which the resolution is to be passed. If shareholding changes between issue of notice and the meeting, the company may either adjourn and reissue notice to pass the special resolution, or omit/pass over the agenda item, in which case the statutory alternative procedure will apply.
    Inspection of documents kept by Registrar - Photostat copies of original documents - Registrar may certify on payment of fees
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    Certification of photostat copies permitted after comparison with originals, subject to prescribed fee and registrar's seal.
    The Registrar may, in addition to certifying typed or printed copies, compare photostat copies voluntarily produced by companies or parties with the original documents filed and certify them under hand and seal upon payment of the prescribed fee, to avoid delay in supplying certified copies.
    Allotment of a Permanent Account Number in Form No.49-A before the 31st May, 1976.
    Show AI Summary
    Permanent Account Number compliance grace: administrative deferral of penalty where prescribed PAN application is filed within extended period.
    Section 139A requires specified persons to apply for allotment of a Permanent Account Number in Form No.49-A under Rule 114 by the prescribed filing date; the Board directed that penal action under Section 272B shall not be initiated for default where the prescribed Form No.49-A is submitted by 31 July 1976, constituting an administrative deferral of enforcement for late applications within that extended period.

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      Computation of capital gains on the basis of the fair market value.

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      Computation of capital gains on fair market value may trigger gift-tax implications requiring concurrent examination and proceedings.
      Computation of capital gains adjusts consideration to fair market value when transfer consideration is inadequate, and officers should concurrently assess ... Summary

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      ActsIncome Tax