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    Applicability of section 269T of the Income-tax Act, 1961, to amounts kept by agriculturists, out of sale proceeds with commission agents--Clarificati...
    Issue of certificates for tax deducted at source under the various provisions of the Income-tax Act--Introduction of unified Form No. 16, effective fr...
    Instructions issued by Board - Implementation of
    C. Ex. - Rule 9A - Durability of goods; produced when exempt from the payment of duty but were liable to pay duty at the time of clearance - Supreme C...
    Processing of petitions and progress report of disposal of same.
    Central Excise - MMF - Assessment of POY and Textured Yara - Review of Ministry's Circular No. YARN/2/80-(F. No. 50/1/80-CX.2), dated 24-9-1980
    Public Deposits - Repayment ‑ Applicability of section 58A(9), in the case of a relief undertaking declared by a local Act or Central Act
    Cellulose powder/microcrystalline cellulose powder and bleached cotton linters/bleached cotton linter pulp - Classification [sub-heading 3912.90 and H...
    Classification of Timer used in Industrial and others purposes to change the sequence of operation on the basis of time - Whether classifiable under H...
    Application for registration u/s12A(a).
    Defacing of Gate Passes on which credit under Rule 57A has been taken - Procedure regarding
    Explanatory Notes on the provisions of the Direct Tax Laws (Second Amendment) Act, 1989
    Application of the agreement between India and Belgium dated February 7, 1974, as modified by the Supplementary Protocol of October 20, 1984--Procedur...
    Modvat on raw materials used in the manufacture of packaging materials
    Central Excise - Permission for storage of non duty paid skimmed Milk Powder outside the factory premises in relaxation of Rule 47 of C.E. Rules, 1944...
    Admissibility of Modvat credit on the anodes/cathodes used in the manufacture of zinc - Regarding
    Approval of the Central Government for turnkey power project for the purposes of section 44BBB of the Income-tax Act, 1961
    Reduction of workload of assessing officers.
    Guidelines in respect of storage of non-duty paid goods outside the factory premises under Rule 47 - Instructions regarding
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    Applicability of section 269T of the Income-tax Act, 1961, to amounts kept by agriculturists, out of sale proceeds with commission agents--Clarification regarding
    Show AI Summary
    Account-payee cheque requirement under section 269T excludes ordinary sale proceeds held by commission agents unless retained by direction.
    Ordinary sale proceeds of agricultural commodities kept by a commission agent (Kachcha Arhatiya) are not treated as a deposit by the agriculturist and their repayment is not covered by section 269T; however, if the commission agent retains the amount pursuant to a direction from the agriculturist, the retained sum assumes the character of a deposit and repayment will be subject to section 269T's account-payee cheque/bank-draft requirement.
    Issue of certificates for tax deducted at source under the various provisions of the Income-tax Act--Introduction of unified Form No. 16, effective from April 1, 1989--Regarding
    Show AI Summary
    Tax deducted at source certificates: old-format certificates may be accepted with verification before credit is allowed.
    Unified Form No.16 under rule 31 requires furnishment of certificates of tax deduction in the new form from 1 April 1989; due to shortages the Board instructed that for returns for assessment year 1989-90 certificates in the old form may be accepted. Assessing Officers must verify the genuineness of such old-format certificates before allowing credit for tax deducted at source.
    Instructions issued by Board - Implementation of
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    Implementation of Board clarifications: field formations must apply MODVAT minutes and cite the Board reference in Trade Notices.
    Field formations must immediately implement clarifications recorded in MODVAT meeting minutes where the Board indicated no further action, and Collectorates must include the Board file reference number and date in Trade Notices to ensure traceability and uniformity of approach.
    C. Ex. - Rule 9A - Durability of goods; produced when exempt from the payment of duty but were liable to pay duty at the time of clearance - Supreme Court decision - Regarding
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    Excise liability on manufacture can be postponed to removal under Rule 9A, making post withdrawal rates applicable.
    The Supreme Court held that excise duty is a duty on manufacture but liability to pay may be postponed until removal under Rule 9A; accordingly, goods manufactured before withdrawal of exemption remain excisable and may be charged at the rate prevailing on the date of removal. The Board has withdrawn prior instructions that protected certain pre budget stocks from duty and directed application of Rule 9A for rate determination and levy on removal.
    Processing of petitions and progress report of disposal of same.
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    Notification processing of tax exempt institutions streamlined: direct reporting to Director General and prescribed timelines established.
    The Director General (Income tax Exemptions) is the central authority for processing petitions for notifications and approvals across specified categories of tax exempt institutions, with Rule 6 adding concurrence with the Secretary, DSIR for research notifications. CITs and Directors must send reports directly to the Director General (Calcutta) under allocated roles to reduce delays, observing a two month timeline; the Director General may obtain CCIT comments. Monthly progress reports in a prescribed proforma are to be sent to the Director General, who will consolidate and forward duplicate reports to the board by the twentieth.
    Central Excise - MMF - Assessment of POY and Textured Yara - Review of Ministry's Circular No. YARN/2/80-(F. No. 50/1/80-CX.2), dated 24-9-1980
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    Classification of partially oriented yarn: excise charged at the yarn's own denier at take up, not on post processing denier.
    POY is a finished, marketable filament yarn and central excise must be levied on POY at its own denierage at the take up stage rather than on the finer denier reached after subsequent drawing and texturising; textured yarn resulting from further processing is liable to duty separately unless exempted.
    Public Deposits - Repayment ‑ Applicability of section 58A(9), in the case of a relief undertaking declared by a local Act or Central Act
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    Suspension of liabilities suspends enforcement proceedings including section 58A(9) until the relief undertaking notification ends.
    Where a relief undertaking is notified under a State or Central relief enactment, monetary liabilities and remedies accrued before declaration are suspended and all pending proceedings, including enforcement proceedings under the Companies Act provision referenced, are stayed for the notified period; action under that Companies Act enforcement provision may be taken only after the relief notification expires.
    Cellulose powder/microcrystalline cellulose powder and bleached cotton linters/bleached cotton linter pulp - Classification [sub-heading 3912.90 and Heading 14.01]
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    Classification of cellulose powder confirmed in the cellulose tariff heading; cotton linters placed in the textile related tariff heading.
    Cellulose powder and microcrystalline cellulose powder, produced from bleached cotton linters or similar feedstocks by acid treatment and pulverisation, are cellulose in a primary form and should be classified under the tariff heading for cellulose and its derivatives. Bleached cotton linters and linter pulp are specifically covered by the textile/vegetable fibres heading applicable to cotton linters and should be classified under the consolidated textile heading in the tariff.
    Classification of Timer used in Industrial and others purposes to change the sequence of operation on the basis of time - Whether classifiable under Heading 91.06 or 91.07 or under Heading 90.29 of the CET
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    Time switch classification: timers that control circuits are classifiable as time switches, not as clocks or counters.
    Devices that automatically make or break electrical circuits on a preset programme, lacking clock characteristics and not functioning as time-of-day recorders or counters, are classifiable as time switches used for control of circuits rather than under headings for clocks or for revolution/production counters; the Board has accepted this classification and directed dissemination to field formations and trade.
    Application for registration u/s12A(a).
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    Registration under 12A(a): applications must be filed with CC/CIT; eligibility for exemption should not be pre adjudicated.
    Applications for registration under 12A(a) must be filed with the concerned CC/CIT in Delhi, Bombay, Calcutta and Madras; the CC/CIT retains discretion to admit belated applications. Commissioners of Income-tax must admit applications under 12A(a) following established procedure and should not refuse admission on the ground that eligibility for exemption under sec. 11 is questionable, deferring substantive eligibility queries to a later stage.
    Show AI Summary
    Modvat credit admissibility: credit on inputs in cut tyres and tubes remains unaffected despite exemption status.
    Under Rule 57D(1), credit for duty paid on inputs embodied in cut tyres and tubes cannot be varied even where those goods are exempted under Notification 76/86-C.E.; the exemption does not alter entitlement to Modvat credit attributable to such inputs.
    Defacing of Gate Passes on which credit under Rule 57A has been taken - Procedure regarding
    Show AI Summary
    Verification of duty paying documents requires defacement and return after inspection under substituted Rule 57F(4) procedure.
    Central Excise officers are authorized to verify original duty paying documents on which Modvat credit under Rule 57A has been taken, to deface the gate passes or related documents indicating inspection, and to return the original documents to the assessee following verification pursuant to the substituted Rule 57F(4).
    Explanatory Notes on the provisions of the Direct Tax Laws (Second Amendment) Act, 1989
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    Assessment procedure reforms expand intimation, deemed firm registration and refund withholding to remedy procedural anomalies.
    Amendments recalibrate the assessment procedure to align with the new framework by providing for deemed registration of firms upon filing where no assessment order is made, restoring pre-amendment rules for assessments of the year beginning 1 April 1988 and earlier, expanding intimation obligations when adjustments to returns are made even if no tax is payable, authorising withholding of any refund under the Act, enabling adjustment of provisional collections or refunds against demands from regular assessments, and prescribing safeguards on notice periods and penalty limitation to prevent time-bar anomalies.
    Application of the agreement between India and Belgium dated February 7, 1974, as modified by the Supplementary Protocol of October 20, 1984--Procedure regarding
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    Withholding tax limits on cross-border dividends, interest and royalties permit treaty-based reduced source taxation with prescribed certification procedures.
    The Supplementary Protocol limits source-country taxation on dividends, interest, and royalties and fees for technical services when the beneficial owner is a resident of the other Contracting State and the income is not effectively connected to a permanent establishment or fixed base. Treaty relief from Belgian tax requires Forms 276 Div.-Aut. or 276 Int.-Aut. certified by the Indian Assessing Officer and timely submission for reduced withholding or refund; relief from Indian tax requires a Belgian certificate of residence (Form 276, Conv) to enable deduction at the treaty rate or a refund claim if excess tax was withheld.
    Modvat on raw materials used in the manufacture of packaging materials
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    Modvat credit on raw materials disallowed generally; integrated manufacturers may claim direct credit for dutiable packaging production.
    Admissibility of Modvat credit is limited to duty on ready-to-use packaging articles; raw materials used to make packaging are excluded because they are general-purpose and not recognisable as packaging. If raw materials are converted into dutiable ready-to-use packaging treated as final products, credit for the raw materials is admissible. Integrated manufacturers are permitted a procedural simplification to claim credit directly for such raw materials and apply it against duty on final products, without changing the fundamental rule restricting credit to packaging materials.
    Central Excise - Permission for storage of non duty paid skimmed Milk Powder outside the factory premises in relaxation of Rule 47 of C.E. Rules, 1944 - Request of M/s. The Madurai District Co-operative Milk Producer's Union Limited, Madurai
    Show AI Summary
    Storage permission for non duty paid skimmed milk powder approved ex post; retrospective approvals discouraged to ensure prior authorisation.
    The Central Board approved ex post the storage of non duty paid skimmed milk powder outside the factory premises for a three month period and directed that the practice of Commissioners granting permission first and seeking the Board's retrospective approval thereafter should be avoided, emphasising adherence to prior authorisation under the excise regulatory framework.
    Admissibility of Modvat credit on the anodes/cathodes used in the manufacture of zinc - Regarding
    Show AI Summary
    Modvat credit inadmissibility on anodes and cathodes used in electrolytic zinc manufacture affirmed; such items are not inputs.
    Admissibility of Modvat credit is denied for anodes and cathodes used in the electrolytic metallurgical extraction of zinc because they do not participate in the chemical reaction and are not consumed; accordingly Modvat credit shall not be permitted on such items and trade and field formations are to be advised.
    Approval of the Central Government for turnkey power project for the purposes of section 44BBB of the Income-tax Act, 1961
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    Deemed Central Government approval: Department of Power approvals qualify as Central Government approval for section 44BBB tax purposes.
    Approvals issued by the Department of Power in the Ministry of Energy shall be deemed to be the approval of the Central Government for the purposes of section 44BBB of the Income-tax Act, 1961, and Chief Commissioners of Income-tax are requested to bring this clarification to the notice of officers in their region.
    Reduction of workload of assessing officers.
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    Assessment assistance for low-return cases: inspectors may process and certify simple returns, with officers retaining final oversight.
    The instruction delegates processing of filed returns below a prescribed threshold to Inspectors of Income-tax to reduce assessing officers' workload. It delineates four post-filing categories-no adjustments and no tax due; no adjustments but tax/interest due requiring intimation; no adjustments but refund due; and prima facie adjustments requiring intimation-and prescribes that inspectors may certify category (i) cases, prepare intimation/refund papers for assessing officer signature in categories (ii) and (iii), and compute and propose prima facie adjustments in category (iv). Inspectors' certificates and proposals are to be kept on record while assessing officers retain final oversight.
    Guidelines in respect of storage of non-duty paid goods outside the factory premises under Rule 47 - Instructions regarding
    Show AI Summary
    Storage of non-duty paid goods: first in first out, external warehouses under authority control, and duty secured with liability for loss.
    Where permission is given to store non-duty paid excisable goods outside factory premises, clearances must follow a first in first out regime, the outside godown must be under the physical control of excise authorities on a cost recovery basis, and the duty must be secured with the assessee unconditionally liable for duty in case of pilferage, damage, or loss.

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      Companies Law

      Clarification under section 224 (1B) of the Companies Act, 1956 read with section 233 of the Act.

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      Cost auditor report submission determines appointment conclusion and counts toward the statutory ceiling when reports remain outstanding.
      A cost auditor's appointment is deemed concluded upon submission of the cost audit report to the Central Government pursuant to the Cost Audit Report ... Summary

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      ActsIncome Tax