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    Wealth Tax Act-Rule 8A-Qualification for registration as a valuer of immoveable property.
    FINANCE ACT, 1988
    Expeditious settlement of audit objections timely submission of replies to Half Margin Notes of Audit Parties instructions regarding.
    Notified plans of LIC
    Whether interest payments under Land Acquisition Act are covered by section 194A
    Collection of income-tax at source during the financial year 1988-89-Profits and gains from the business of trading in alcoholic liquor, forest produc...
    Working of Inter Departmental Machinery set up under Bond's Instruction No. 1552 - Dt. 8.2.84 - Action regarding
    Exempion of living allowance to foreign nationals coming to India under training programmes.
    Provisions relating to charitable or religious trusts/institutions and scientific research associations, etc.--Clarification regarding
    Simplified procedure for remission of payments by way of royalty or fees for technical services to a foreign Co.
    In exercise of the powers conferred by section 295 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the follow...
    Effect of the order passed by the Board for Industrial and Financial Reconstruction under a scheme for the rehabilitation of sick units
    Scope of Sec.40A(9) with respect to contributions towards Employee's Welfare Cooperative Society.
    Guidelines with respect to disposal of penalty proceedings.
    Administration of TDS.
    Scope of powers of Asst.Comm. and Dy.Comm. with respect to Sec.132(5),(7)&(9A).
    Amendments to sections 40A(3), 269SS and 269T by Direct Taxes Laws (Amendment) Act, 1987--Date of applicability--Clarification regarding
    Order under section 119(2)(b) of the Income-tax Act, 1961-Condonation of delay in filing refund claims-Authorisation to the Assessing Officers
    Guidelines for admitting belated refund claims.
    Extension of time for deposit of capital gains in the Capital Gains Accounts Scheme, 1988
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    Wealth Tax Act-Rule 8A-Qualification for registration as a valuer of immoveable property.
    Show AI Summary
    Valuer registration criteria updated to raise minimum gross receipts requirement for consulting professionals, affecting property and plant valuations.
    Rule 8A(2)(ii)(B) and Rule 8A(8)(ii)(B) permit registration as valuers where a person has been in practice as a consulting engineer, surveyor or architect for the prescribed period and, in the Board's opinion, has acquired sufficient experience in specified valuation-related fields. The Board applied a gross receipts criterion-minimum gross receipts in any three of the last five years of practice-to assess sufficient experience, and has substituted a revised higher annual gross receipts figure which is effective immediately.
    FINANCE ACT, 1988
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    Surcharge and strengthened withholding rules reshape tax withholding, collection at source and presumptive taxation obligations.
    Finance Act, 1988 prescribes income tax rates for assessment year 1988-89 and introduces a uniform surcharge on income tax, TDS and TCS for taxpayers above a threshold, standardises withholding rates (including on lottery winnings), creates a presumptive taxation and tax collection at source regime for traders in specified goods, omits Interest on Securities as a separate head, and enacts multiple compliance, anti avoidance and incentive amendments including a tax holiday for approved hundred percent export oriented units and revised audit and provisional attachment procedures.
    Expeditious settlement of audit objections timely submission of replies to Half Margin Notes of Audit Parties instructions regarding.
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    Timely audit reply obligations require prompt factual responses to audit memos and supervisory reporting to expedite settlement.
    Assessing officers must give prompt, factual replies to Audit Memos (Half Margin Notes) and record dates of receipt and reply; Range DC/CIT must within a fortnight obtain detailed reports of memos and replies and address defaults; within one month send a consolidated report to DC (Audit) highlighting delays and unresolved legal points; DC (Audit) must personally monitor non compliance and escalate persistent lapses to the CIT; assessing officers must report file requisition, availability and mistakes within seven days of audit completion.
    Notified plans of LIC
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    Specified life insurance plans designated for tax deductions confirmed; deduction eligibility and existing limits and conditions remain unchanged.
    The Central Government has specified the Jeevan Dhara and Jeevan Akshay plans of the Life Insurance Corporation as eligible for the income tax deduction under clause (ii) of sub section (1) of section 80CCA, and the limits and conditions previously announced continue to apply unchanged.
    Whether interest payments under Land Acquisition Act are covered by section 194A
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    Tax deduction on interest: payments under the Land Acquisition Act require withholding under the tax-deduction-at-source regime.
    Interest paid under the Land Acquisition Act falls within the statutory tax-deduction-at-source regime applicable to interest paid to residents; non-individual payers such as State Development Authorities and similar bodies must deduct tax at source at the time of credit or payment, deposit the tax with the Central Government within prescribed periods, and are subject to penal consequences for failure to deduct or remit.
    Collection of income-tax at source during the financial year 1988-89-Profits and gains from the business of trading in alcoholic liquor, forest produce, etc.-Instructions regarding
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    Collection of tax at source mandates sellers to withhold and remit tax on specified goods with strict payment and certification duties.
    Sections 44AC and 206C prescribe that at the point of first sale certain percentages of the purchase price for specified goods are to be deemed profits of the buyer and that designated sellers must collect income-tax at source at prescribed rates at the earlier of debiting the buyer's account or receipt of payment. Collected tax must be remitted to government within seven days, certified to the buyer within ten days, treated as tax paid for the buyer on production of the certificate, and non-payment or non-collection renders the seller liable for tax, interest and assets charge, subject to limited exemptions by assessing officer certificate.
    Working of Inter Departmental Machinery set up under Bond's Instruction No. 1552 - Dt. 8.2.84 - Action regarding
    Show AI Summary
    Inter-departmental coordination: Ensure regular Audit-Revenue meetings to expedite settlement of major receipt audit objections through mandated quarterly reports.
    Inter Departmental Machinery must operate via monthly DC (Audit) meetings with DAG/Sr. DAG and quarterly CIT-AG meetings, supported by quarterly reports to monitor settlement of major receipt audit objections. Analysis of 1987-88 reports showed widespread failure to hold scheduled meetings and submit reports. CsITs are directed to ensure regular meetings and liaison with AGs, to notify DIT(Audit) of difficulties for escalation, and to achieve demonstrable compliance in the next quarterly report.
    Exempion of living allowance to foreign nationals coming to India under training programmes.
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    Exemption of living allowance for foreign trainees permitted temporarily; future treatment to follow amended section 10 provisions.
    Living allowances paid to foreign nationals training in India under Colombo Plan, SCAAP and ITEC may be treated as exempt under section 10(14)/section 10(16) of the Income-tax Act, 1961 for and up to the assessment year 1988-89. After that period, the exemption and tax treatment will be governed by the substituted provisions of section 10(14) introduced by the Direct Tax Laws (Amendment) Act, 1987 effective 1 April 1989.
    Provisions relating to charitable or religious trusts/institutions and scientific research associations, etc.--Clarification regarding
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    Deferral of charitable trusts amendment: pre-amendment assessment regime retained until 31 March 1990 for affected institutions
    A temporary deferral retains the pre-amendment assessment regime for charitable and religious trusts, institutions and scientific research associations: amendments effected by the Direct Tax Laws (Amendment) Act, 1987 with effect from 1 April 1989 will not apply for assessment year 1989-90 and the pre-amendment provisions of income-tax, wealth-tax and gift-tax statutes will continue to operate until 31 March 1990, including the listed definitions, exemption, deduction and assessment provisions and certain newly inserted reliefs.
    Simplified procedure for remission of payments by way of royalty or fees for technical services to a foreign Co.
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    Withholding tax procedure permits remittance without tax authority NOC when tax deducted and paid via designated banks.
    Remittance of royalty or fees for technical services to a foreign company under an approved agreement may proceed without a No Objection Certificate if tax is deducted at the specified rate and paid to an authorised public sector bank acting as a designated bank. The remitter must submit a prescribed form certified by a Chartered Accountant and the Income-tax challan; the designated bank will forward a certificate of payment to the Reserve Bank of India, which will then permit the remittance. Other payment types or claims of a lower tax rate require an NOC.
    In exercise of the powers conferred by section 295 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely:
    Show AI Summary
    Tax deduction certificates: mandatory Form 16 format, issuance timelines, duplicate certificate procedure and AO verification required.
    The amendment replaces rule 31 to require TDS certificates to be issued in prescribed Form No.16 printed and serially numbered in government-supplied books on application in Form No.17, with a waiver for computerized companies; it prescribes issuance timelines for different payment types, permits duplicate certificates on plain paper when originals are lost, and requires AO certification and an indemnity bond before granting credit on duplicates, while substituting Forms 16 and 17 and omitting specified other forms.
    Effect of the order passed by the Board for Industrial and Financial Reconstruction under a scheme for the rehabilitation of sick units
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    BIFR rehabilitation schemes can override Income-tax provisions, so sanctioned exclusions affect taxability of waived or reduced liabilities.
    A sanctioned rehabilitation scheme by the Board under the Sick Industrial Companies Act has an overriding effect on inconsistent Income tax provisions; where the scheme excludes or limits application of income tax provisions for specified assessment years, Assessing Officers must implement that exclusion and not tax remissions of liabilities. Non scheme orders of the Board do not have this overriding effect.
    Scope of Sec.40A(9) with respect to contributions towards Employee's Welfare Cooperative Society.
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    Section 40A(9) restricts tax deductions for contributions to employee welfare cooperative societies unless such payments are mandated by law.
    Contributions by an employer to an Employees' Welfare Co-operative Society fall within Section 40A(9) as the phrases "Association of persons" and "Body of individuals" encompass such societies; accordingly, such contributions are not deductible unless required by or under any other law, and tax officers should, where practicable, withdraw deductions already allowed in completed assessments.
    Guidelines with respect to disposal of penalty proceedings.
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    Penalty proceedings prioritisation to expedite finalisation, ensure procedural safeguards and adjust penalties when assessments change.
    Directs prioritisation of penalty proceedings with charge-wise action plans to maximise disposal and adhere to a de minimis threshold for initiating penalties. Requires initiation only after due application of mind, proper opportunity to be heard, complete record management, timely orders before limitation, thorough investigation for concealment findings, and prompt reduction of penalty quantum where total income or tax is later reduced.
    Administration of TDS.
    Show AI Summary
    TDS administration clarified: ITO postings, branch TAN allocation, verification discretion, and unified Form 16 notification issued.
    ITO(TDS) postings are to be made under the Chief Commissioner or respective Commissioner with discretion to Chief Commissioners on the percentage of certificates under section 203 to be cross verified. Distinct TANs should be allotted to each branch responsible for deduction, certificate issuance and return filing, but temporary work site branches may be covered by an elected branch or head office. A unified Form No.16 has been prescribed under the newly substituted rule 31 to standardise TDS certificates.
    Scope of powers of Asst.Comm. and Dy.Comm. with respect to Sec.132(5),(7)&(9A).
    Show AI Summary
    Assessing Officer designation enables Assistant and Deputy Commissioners to exercise powers under section 132 provisions.
    The amendment replacing "Income tax Officer" with Assessing Officer means Assistant Commissioners and Deputy Commissioners exercising prescribed delegated powers fall within the definition of Assessing Officer, and therefore are authorized to perform functions under the specified search and seizure provisions formerly attributed to an Income tax Officer.
    Amendments to sections 40A(3), 269SS and 269T by Direct Taxes Laws (Amendment) Act, 1987--Date of applicability--Clarification regarding
    Show AI Summary
    Applicability of payment restrictions clarified: amended payment and repayment rules apply from the effective amendment date.
    The amendments raising monetary ceilings were made effective from 1 4 1989. The amended payment restriction provisions apply to payments or repayments made on or after 1 4 1989, while the amendment affecting disallowance under the business expense rule applies to payments made in the previous year relevant to the assessment year 1989 90 and subsequent years.
    Order under section 119(2)(b) of the Income-tax Act, 1961-Condonation of delay in filing refund claims-Authorisation to the Assessing Officers
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    Condonation of delay in refund claims: Assessing officers authorised to admit belated claims subject to specified conditions.
    Assessing Officers are authorised to admit belated refund claims arising from excess advance tax payments provided specified conditions are met: the refund arises solely from excess advance tax, the returned income is not a loss claimed for carry forward, the refund claimed is not supplementary after completion of the original assessment, and the income is not assessable in the hands of any other person. This delegation is effective from the stated commencement date and is intended to prevent hardship while ensuring compliance with the listed safeguards.
    Guidelines for admitting belated refund claims.
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    Admitting belated refund claims requires prior supervisory approval under a tiered threshold regime and administrative oversight.
    Authorises Assessing Officers to admit belated refund claims, including those from excess advance tax payments, subject to a tiered prior-approval regime: lower-value refunds require prior approval of the Commissioner of Income-tax, while refunds above that level but below a higher threshold require prior approval of the Chief Commissioner or Director General; the designated senior officers will exercise administrative control and ensure compliance with the conditions of the Board's order.
    Extension of time for deposit of capital gains in the Capital Gains Accounts Scheme, 1988
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    Capital gains deposit deadline extended to July 31 for taxpayers filing June 30 returns to preserve exemption.
    Taxpayers required to file returns by June 30 are granted an extension to July 31, 1988, to deposit unutilised capital gains in specified banks under the Capital Gains Accounts Scheme, 1988 so as to preserve the capital gains exemption; such deposits will be treated as timely and no interest or penalty is to be levied.

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      Administration of TDS.

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      TDS administration clarified: ITO postings, branch TAN allocation, verification discretion, and unified Form 16 notification issued.
      ITO(TDS) postings are to be made under the Chief Commissioner or respective Commissioner with discretion to Chief Commissioners on the percentage of ... Summary

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      ActsIncome Tax