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    Calculations of Royalties and deduction of buying commission, in the Valuation of goods under the Customs Valuation Rules, 1988
    50/89 - 29-08-1989 Central Excise
    Stay of recovery of duty but not the issue of show cause notice
    4/89 - 29-08-1989 Central Excise
    Notification 175/86 - Date from which benefit of exemption would be available to unit which obtained SSI Registration Certificate on a date subsequent...
    37/89 - 28-08-1989 Central Excise
    General permission under Rule 57F(1)(ii) - Filing of Pricelist/Classification list - Regarding
    Discontinuance of Fidelity Insurance bonds by TROs/ITIs.
    Dossier reports of cases of tax arrears of more then Rs.10lacs.
    Modvat taken on duty paid inputs whether can be used for payment of duty on similar goods manufacturing out of non-duty paid inputs
    Import of Hop Pallet under O.G.L.
    21/89 - 21-08-1989 Central Excise
    Minutes of the Monthly Modvat meeting held at Bombay on 22-4-1989 - Regarding admissibility of Modvat credit on thinners used in spray painting of Aut...
    Freight and insurance charges in respect of postal consignments
    Central Excise - Laminated Fabrics - Classification or HDPE fabrics laminated with LDPE and Craft paper - Regarding
    34/89 - 16-08-1989 Central Excise
    Monthly Modvat Meeting held at Pune on 23-6-1989 Point No. 5 regarding allowance of Modvat credit for past receipts where the demands are raised and c...
    11/89 - 10-08-1989 Central Excise
    Classification of shelves, Panels and partition plates of steel - CERA Point - Regarding
    25/89 - 09-08-1989 Central Excise
    Classification of flexible shaft machine
    Waiver of time limit prescribed u/s 153.
    49/89 - 07-08-1989 Central Excise
    Bauxite, gypsum etc. Crushed separately and then mixed to produce 'raw feed' slurry - Exemption under Notification No. 447/86-C.E.
    24/89 - 01-08-1989 Central Excise
    Notification No. 275/88-C.E., dated 4-11-1988 clarification - Regarding
    22/89 - 01-08-1989 Central Excise
    Classification of Home Soda Making Machine - Clarification regarding
    Scope of benefit u/s 273A(1).
    46/89 - 31-07-1989 Central Excise
    West Zone Tariff Conference held at Aurangabad on 16th and 17th March, 1989 - Classification of P.V.C. insulated electrical self adhesive insulation t...
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    Circulars
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    Calculations of Royalties and deduction of buying commission, in the Valuation of goods under the Customs Valuation Rules, 1988
    Show AI Summary
    Royalties in customs valuation: add only when they relate to imported goods and are a condition of sale.
    Royalties and licence fees must be added to invoice value only when they relate to the imported goods and are paid as a condition of sale; if such royalties cannot be objectively quantified, the transaction value may be rejected and valuation proceeded under successive rules. Test values are applicable to related party transactions and, if unavailable or unacceptable, permit adoption of alternative valuation methods rather than arbitrary additions. Buying commissions are not deductible from invoice value and are excluded from computing transaction value; an agent issuing the invoice is treated as the seller.
    50/89 - 29-08-1989 Central Excise
    Stay of recovery of duty but not the issue of show cause notice
    Show AI Summary
    Stay of recovery does not bar issuance of show cause notices; proceedings may be initiated unless issuance is stayed.
    A judicial stay limited to collection of duty does not bar issuance of show-cause notices; where there is no stay on issuing such notices, officials may initiate show-cause proceedings and demand imposition of duty to safeguard revenue interests.
    4/89 - 29-08-1989 Central Excise
    Notification 175/86 - Date from which benefit of exemption would be available to unit which obtained SSI Registration Certificate on a date subsequent to commencement of production
    Show AI Summary
    Exemption under Notification 175/86 is available only from the unit's SSI registration date, not production start.
    The exemption under Notification No. 175/86 is available only from the date a unit is registered as a small scale unit with the competent authority under the Industries (Development & Regulations) Act; commencement of production before registration does not confer entitlement to the exemption from the production start date.
    37/89 - 28-08-1989 Central Excise
    General permission under Rule 57F(1)(ii) - Filing of Pricelist/Classification list - Regarding
    Show AI Summary
    General permission for clearance of inputs: pricelist filing waived if sold at receipt price, mandatory if sold higher.
    Where inputs are sold at the same price received or transferred to another factory other than by sale, the assessee may be exempted from filing a pricelist; if goods are sold at a higher price, pricelist filing is mandatory. A classification list is required in all cases where inputs are cleared as such.
    Discontinuance of Fidelity Insurance bonds by TROs/ITIs.
    Show AI Summary
    Fidelity bond requirement for tax recovery officers discontinued; existing bonds must be discontinued and officers notified immediately.
    Fidelity insurance bond requirement for Tax Recovery Officers and Tax Recovery Inspectors is discontinued after a Directorate review found the stipulation unnecessary and inconsistent with practices for officers handling cash in search and seizure duties; existing bonds are to be discontinued and the instruction communicated to all officers in the region or charge.
    Dossier reports of cases of tax arrears of more then Rs.10lacs.
    Show AI Summary
    Dossier reporting requirements mandate quarterly submission for large tax arrears and timely accuracy to enable supervisory review.
    Quarterly dossier reporting is mandated for significant tax arrears: Assessing Officers must send detailed reports to Commissioners/Chief Commissioners and a copy to the Director of Income-tax (Recovery) by the end of the month following the quarter. Commissioners will review recovery progress on these dossiers. Reports must be timely, complete, and accurate, with no blank columns (non-applicable fields to be clearly indicated). Chief Commissioners must fix responsibility and act where delays, discrepancies, or errors are found.
    Modvat taken on duty paid inputs whether can be used for payment of duty on similar goods manufacturing out of non-duty paid inputs
    Show AI Summary
    Modvat credit can be applied to duty on similar goods manufactured from non-duty paid inputs, subject to earlier instructions.
    Modvat credit on duty-paid inputs may be used to pay excise duty on similar goods produced from non-duty-paid inputs; earlier instructions apply mutatis mutandis to the utilisation of proforma credit and field formations are to be instructed and to acknowledge receipt.
    Import of Hop Pallet under O.G.L.
    Show AI Summary
    Import classification: Hop Pallet confirmed as covered by an Appendix Part B entry, prompting customs administrative action.
    The Ministry of Commerce's Chief Controller of Imports & Exports advised the Department of Revenue that the Hop Pallet is covered by the relevant Appendix Part B entry of the Import and Export Policy, based on technical clarification from the Directorate General of Technical Development, and conveyed the clarification for administrative information and necessary action by customs authorities.
    21/89 - 21-08-1989 Central Excise
    Minutes of the Monthly Modvat meeting held at Bombay on 22-4-1989 - Regarding admissibility of Modvat credit on thinners used in spray painting of Automobiles
    Show AI Summary
    Modvat credit permitted for thinners used as diluents in automobile spray painting when thinners are notified under Modvat.
    Modvat credit is allowed for thinners used as diluents in spray painting of automobiles and parts provided those thinners are notified under the Modvat scheme; this action modifies earlier Board instructions and requires informing field formations and trade of the change.
    Freight and insurance charges in respect of postal consignments
    Show AI Summary
    Valuation adjustment for freight and insurance: apply flat rate for non-air imports including postal consignments when charges unavailable.
    When freight and insurance charges are not available, postal consignments and all non-air imports must be valued by applying the flat uplift prescribed by the Customs Valuation Rules, 1988; the Board's 1956 instruction prescribing alternative flat percentages is withdrawn.
    Central Excise - Laminated Fabrics - Classification or HDPE fabrics laminated with LDPE and Craft paper - Regarding
    Show AI Summary
    Tariff classification: laminated textile composites fall under other textile products when plastic lamination is concealed and not visible.
    The composite product of HDPE fabric, an LDPE film sandwiched with craft paper and fused by heat produces a concealed lamination that cannot be seen with the naked eye; therefore it does not qualify as textiles laminated with plastics or as fabrics otherwise impregnated/coated, and should be classified under heading 59.09 as other textile products suitable for industrial use.
    34/89 - 16-08-1989 Central Excise
    Monthly Modvat Meeting held at Pune on 23-6-1989 Point No. 5 regarding allowance of Modvat credit for past receipts where the demands are raised and confirmed at much later dates - Regarding
    Show AI Summary
    Modvat credit entitlement requires filing a Rule 57G declaration and provisional assessment where classification is disputed.
    Allowance of Modvat credit is contingent on filing a declaration under Rule 57G; assessees claiming nil rate should seek approval via a classification list. If the Department disputes the nil-rate claim, the assessee may resort to provisional assessment to avail Modvat credit towards provisionally assessed duty, with any credits adjusted on finalisation using the provisions of Rule 57E.
    11/89 - 10-08-1989 Central Excise
    Classification of shelves, Panels and partition plates of steel - CERA Point - Regarding
    Show AI Summary
    Classification of steel shelves and panels: as furniture parts fall under furniture heading; otherwise classify under structural steel heading.
    Where steel shelves, panels and partition plates are mainly used as furniture parts they are to be classified under the furniture tariff heading; if not mainly used as furniture and having broader industrial or structural uses they are to be classified under the structural steel tariff heading. The Board accepted the East Zone Tariff Conference decision and directed pending assessments be finalised according to this predominant use criterion.
    25/89 - 09-08-1989 Central Excise
    Classification of flexible shaft machine
    Show AI Summary
    Classification of flexible shaft machine: assembled motor, shaft and tool holder constitute the machine and are assessed as such.
    The flexible shaft machine, comprising an electric motor, flexible shaft and interchangeable tool holder used for grinding, polishing and similar operations, is to be treated as the machine itself when cleared from the factory. Fixing the tool holder to the motor with flexible shaft creates the excisable flexible shaft machine; such assembled units must be assessed and classified as that machine rather than as separate parts or under the heading for handheld electromechanical tools.
    Waiver of time limit prescribed u/s 153.
    Show AI Summary
    Waiver of time limits under section 153 requires naming responsible officers and stating action taken when sought.
    When forwarding proposals for waiver of the time limit for assessment under section 153, CCsIT/CsIT must furnish the names of officers or officials responsible for the lapse and specify action taken or proposed against them; where responsibility cannot be fixed, the reasons must be stated.
    49/89 - 07-08-1989 Central Excise
    Bauxite, gypsum etc. Crushed separately and then mixed to produce 'raw feed' slurry - Exemption under Notification No. 447/86-C.E.
    Show AI Summary
    Exemption for raw feed slurry applies to crushed minerals used captively in cement clinker manufacture, regardless of crushing method.
    Where crushed minerals such as bauxite and gypsum are mixed to form a 'raw feed'/'slurry' that is captively consumed in the manufacture of cement clinkers within the same factory, those crushed minerals are eligible for the exemption under Notification No. 447/86-C.E., regardless of whether they were crushed separately or together.
    24/89 - 01-08-1989 Central Excise
    Notification No. 275/88-C.E., dated 4-11-1988 clarification - Regarding
    Show AI Summary
    Exemption eligibility for un machined iron castings affirmed despite fettling, clarifying scope of notification under central excise law.
    The Board confirms that iron castings and cast articles of iron that have undergone only fettling operations remain un machined and are eligible for exemption under Notification No. 275/88 C.E., relying on TRU advice and prior Board guidance; field formations are directed to apply this clarification in assessing eligibility.
    22/89 - 01-08-1989 Central Excise
    Classification of Home Soda Making Machine - Clarification regarding
    Show AI Summary
    Classification of home soda makers as machinery for aerating beverages affirmed, directing tariff treatment accordingly.
    The Conference applied Chapter and Section Notes, notably Note 5 to Section XVI, and HSN explanatory notes to conclude that the appliance's primary function of aerating beverages places it within the specific tariff description for machines for aerating beverages; the residual machinery heading was inappropriate when a specific heading applies. The Board agreed and clarified classification under Heading 84.22 CETA, directing field formations to be informed.
    Scope of benefit u/s 273A(1).
    Show AI Summary
    Voluntary disclosure must be individual to secure a penalty waiver; separate disclosures cannot be combined for eligibility.
    The waiver under section 273A(1) depends on a singular voluntary and good faith disclosure; disclosures made on different dates for different assessment years cannot be clubbed together to obtain the once in a lifetime benefit, though simultaneous applications for multiple years may be considered year by year by the commissioner.
    46/89 - 31-07-1989 Central Excise
    West Zone Tariff Conference held at Aurangabad on 16th and 17th March, 1989 - Classification of P.V.C. insulated electrical self adhesive insulation tapes
    Show AI Summary
    Classification of PVC self-adhesive electrical insulation tapes prefers plastics heading; administrative position pending appeal.
    The Board considers P.V.C. self-adhesive electrical insulating tapes to be classifiable under Heading No. 39.19 (plastics) as a more specific description than the electrical insulators heading, and has not accepted the tribunal decision classifying them under Sub-Heading No. 85.46; an appeal is pending and field formations and trade are to be informed of the Board's position.

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      General principles for determining whether shares held as stock in trade or capital assets.

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      Characterisation of shares as stock-in-trade or capital asset determines whether sale proceeds qualify as business income.
      Determination whether shares are stock-in-trade or capital assets turns on the totality of factors: the purchaser's intention (notably intention to resell ... Summary

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