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    Whether benefit of Notification No. 75/87-C.E., dated 1-3-1987 as amended and Notification No. 175/86-C.E., dated 1-3-1986, as amended could be availe...
    Central Excise - Rules 173G(2), 223B and 224 of the Central Excise Rules, 1944, Precaution at Budget 1990 - Instructions regarding
    Adjudication of Mineral Oil loss cases - Reg. [Chapter 27]
    Central Excise - Valuation - Meaning of Normal Price where the goods are sold at different prices to different buyers of the same class - Regarding
    Visits of Central Excise Officer to factories - Instructions regarding
    Explanatory notes on the provisions of the Direct Tax Laws (Amendment) Act, 1987 [as amended by the Direct Tax Laws (Amendment) Act, 1989]--Part-III
    Invoice price assessment under Rule 173C(ii) of Central Excise Rules in cases of SSI units availing exemption under notification No.175/86,140/83 & 64...
    Date of coming into force of India -Kenya convention on avoidance of double taxation.
    Admissibility of Modvat on Chlorine used in the manufacture of Bleach Liquor
    Modvat meeting held at Bangalore on 29-11-1989 - Point No. 1 - Modvat on BOPP/ Polyester films used for manufacture of Synthetic Rubber Cots & Aprons ...
    Weightage in respect of high demand appeals.
    Classification of "Name Plates" for fans and benefit of S.S.I. exemption to such name plates under Notification No. 175/86-C.E. as amended - Clarifica...
    Central Excise - Classification of inter mixtures of vitamins used as animal feed supplements - whether classifiable under Heading 23.02 or in Chapter...
    Scope and applicability of Sec.273A(2).
    D.O. of F.M. to all C.M. for providing adequate and timely armed police protection during search and survey action
    C. Ex. - Classification of 'rubber rolls' used in Rice Mill - Clarification regarding
    Wealth Tax-Inclusion of interest on cumulative bank deposits and NSC in net wealth of assessee.
    Central Excise - Classification of 'tar' produced during the course of manufacture of Phenol/Acetone or Beta Napthol
    Authentication of previous year figures in the Cost Audit Report
    Demand - Enforcement during consideration of exemption under Section 11C - Clarification
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    Circulars
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    Whether benefit of Notification No. 75/87-C.E., dated 1-3-1987 as amended and Notification No. 175/86-C.E., dated 1-3-1986, as amended could be availed of simultaneously - Regarding
    Show AI Summary
    Concessional excise exemptions may be availed concurrently, subject to each notification's conditions and aggregate clearance rules.
    Notification No. 75/87-C.E. grants concessional excise treatment for refrigeration and air conditioning goods with specified exempt slabs and aggregate-value limits, excluding certain wholly exempt clearances from aggregation. The circular clarifies that Notification No. 75/87-C.E. does not preclude simultaneous use of Notification No. 175/86-C.E.; both benefits may be availed together if respective conditions are observed, but clearances under the two notifications must be clubbed for computing aggregate clearances.
    Central Excise - Rules 173G(2), 223B and 224 of the Central Excise Rules, 1944, Precaution at Budget 1990 - Instructions regarding
    Show AI Summary
    Budget-day excise removal restrictions: suspends self-removal, mandates stock declarations and officer supervision with penalty risk.
    Enforces procedural restrictions under Rules 173G(2), 223B and 224 of the Central Excise Rules regarding prohibition of removals after 6.00 p.m. on the day preceding Budget Day and regulated removals on Budget Day; suspends Self Removal Procedure after the cut-off, requires designation of a proper officer to receive advance clearance applications, supervise removals and verify stocks, mandates declarations of last gate pass numbers and closing stock balances under rule 223B with penal consequences for non-compliance, permits provisional applications and limited relaxations in specified operational situations, and requires Collectors to grant permissions, report relaxations to the Ministry and ensure recovery of any enhanced duty.
    Adjudication of Mineral Oil loss cases - Reg. [Chapter 27]
    Show AI Summary
    Recorded justification required before condoning mineral oil losses beyond prescribed percentages, based only on genuine evidence.
    Appellate authorities must invariably record adequate reasons and justifications when condoning mineral oil losses beyond Board prescribed percentages, and must do so only in genuine cases supported by proper evidence; reasons must also be recorded when not accepting loss percentages condoned by the original adjudication.
    Central Excise - Valuation - Meaning of Normal Price where the goods are sold at different prices to different buyers of the same class - Regarding
    Show AI Summary
    Normal price principle: factory gate price applies where regional transfers are not sales and dealers' location alone doesn't change class.
    The Board clarifies that wholesale dealers in different locations are not different classes of buyers solely by location, and transfers to regional sales depots are internal transfers, not sales creating separate classes. Accordingly, differing prices charged by geographically separated dealers do not automatically constitute separate normal prices, and the factory gate price may be applied for valuation when it is a genuine price. Circular No. 8/76 C.F.V. is modified to this extent.
    Visits of Central Excise Officer to factories - Instructions regarding
    Show AI Summary
    Visitor register requirement: factory visitors must record visit details and produce identity cards on demand during inspections.
    Central Excise officers must use a prescribed proforma register to record visits-date, visitor name and designation, arrival/departure times, purpose of visit (or entry 'official' if purpose cannot be specified), and signatures of officer and factory representative. Senior officers must verify proper entries. All visiting officers must carry and produce identity cards on demand, and the instructions are to be notified to trade.
    Explanatory notes on the provisions of the Direct Tax Laws (Amendment) Act, 1987 [as amended by the Direct Tax Laws (Amendment) Act, 1989]--Part-III
    Show AI Summary
    Tax exemptions and procedural powers revised to streamline assessment, recovery and penalty frameworks under amended Direct Tax Laws.
    Circular explains operative amendments to direct tax law: withdrawal by 1989 of certain 1987 schemes (firms/partners taxation, unified charitable treatment, additional tax in lieu of penalty), restoration and modification of exemptions under section 10 and sections 11-13, notification based exemption mechanisms, liberalisation of business expense allowability (bonuses, bad debts, remuneration ceilings) with actual payment and write off rules, clarified powers for search, seizure and information exchange, streamlined tax recovery procedure and revised penalties and prosecution scope, together with parallel consequential changes to wealth and gift tax provisions and transitional application dates.
    Invoice price assessment under Rule 173C(ii) of Central Excise Rules in cases of SSI units availing exemption under notification No.175/86,140/83 & 64/83
    Show AI Summary
    Invoice price assessment under Rule 173C(ii) limited to SSI units claiming specified exemption notifications, not available otherwise.
    Invoice price assessment under Rule 173C(ii) is limited to SSI units availing exemptions under Notifications No.175/86, 140/83 and 64/83; units not claiming those notifications are not eligible for the invoice assessment facility.
    Date of coming into force of India -Kenya convention on avoidance of double taxation.
    Show AI Summary
    Entry into force of tax convention alters applicability, requiring withdrawal of earlier treaty relief to foreign enterprises.
    The Convention between India and Kenya entered into force on 10th March 1989 and shall have effect in India for income assessable for assessment years commencing on or after 1st April 1989. A prior 14th June 1985 communication was premature. A revised Notification is being issued. Officers must withdraw treaty relief improperly allowed to Kenyan enterprises for assessment years 1985-86 to 1988-89 and report remedial action to the Board by the first week of April 1990.
    Admissibility of Modvat on Chlorine used in the manufacture of Bleach Liquor
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    Modvat credit inadmissibility on inputs: chlorine used to make exempt bleach liquor is not eligible for input credit.
    Admissibility of Modvat credit is denied for the portion of chlorine used in producing bleach liquor that is fully exempt and cleared for home consumption; such bleach liquor cannot be treated as waste for input-credit purposes, the Board accepted the conference recommendation to disallow credit on that portion, directs recovery of wrongly availed credits, and requires field formations and trade interests to be informed.
    3/90-CX - 18-01-1990 Central Excise
    Modvat meeting held at Bangalore on 29-11-1989 - Point No. 1 - Modvat on BOPP/ Polyester films used for manufacture of Synthetic Rubber Cots & Aprons - Admissibility regarding
    Show AI Summary
    Modvat credit denial on covering films used in manufacture-such films are non-inputs; recovery of wrongly availed credits follows.
    Modvat credit on BOPP and polyester films used as coverings or separators in the manufacture of synthetic rubber cots and aprons is not admissible because such films act as temporary covering devices rather than inputs incorporated into the final product; pending assessments are to be finalised and any wrong credits recovered.
    Weightage in respect of high demand appeals.
    Show AI Summary
    High demand appeals weightage: mid tier additional units granted prospectively for appeals decided after specified date.
    A Board instruction modifies weightage for high demand appeals: existing three unit weightage for the highest disputed demands remains; a new mid tier weightage of one and a half units is prescribed for appeals with intermediate disputed demand, applicable prospectively to appeals decided after 1.1.1990, and no other norms of Instruction No. 1819 are changed.
    Classification of "Name Plates" for fans and benefit of S.S.I. exemption to such name plates under Notification No. 175/86-C.E. as amended - Clarification regarding
    Show AI Summary
    Classification of name plates as parts of general use enables SSI exemption under the central excise notification.
    Metallic name plates affixed to fans for brand identification are treated as separately presented parts of general use and are classifiable under Heading No. 83.10; manufacturers of such name plates, not being manufacturers of the fans, are therefore eligible for the small scale industry exemption under Notification No. 175/86 C.E. as accepted by the Board.
    Central Excise - Classification of inter mixtures of vitamins used as animal feed supplements - whether classifiable under Heading 23.02 or in Chapter 30 or Chapter 29
    Show AI Summary
    Tariff classification: vitamin-only animal feed mixtures classifiable under inter mixtures of vitamins heading, not under general feed or medicament headings.
    Products composed solely of vitamins with only solvents, stabilizers or antioxidants and used as animal feed supplements are specifically classifiable as inter mixtures of vitamins under heading 29.36; they are not to be classified under the general animal-feeding preparations heading or as medicaments, a view supported by HSN Explanatory Notes and a Chief Chemist opinion.
    Scope and applicability of Sec.273A(2).
    Show AI Summary
    Prior approval requirement for waiver or reduction of specified tax penalties where thresholds are exceeded limits local authority action.
    The Board requires prior approval before a Commissioner may reduce or waive specified penalties where either the aggregate amount of penalties under clause (i) of section 271 or section 273 exceeds the monetary threshold, or the aggregate income for relevant years subject to penalty under section 271(1)(c) exceeds the monetary threshold; satisfaction of either condition brings the listed penalties within section 273A(2) and prohibits reduction or waiver without Board approval.
    D.O. of F.M. to all C.M. for providing adequate and timely armed police protection during search and survey action
    Show AI Summary
    Search and survey protection: states urged to provide armed police assistance to secure tax enforcement operations and deter obstruction.
    The communication directs State police heads to provide adequate and timely armed police protection to Income-tax search and survey parties, urging coordination between Income-tax investigation directors and local police to establish standing arrangements or assist as requests arise, because increased assaults and organised violence against tax personnel hinder searches, seizures and revenue enforcement.
    C. Ex. - Classification of 'rubber rolls' used in Rice Mill - Clarification regarding
    Show AI Summary
    Classification of rubber rolls as articles of vulcanised rubber clarifies tariff treatment for rice-mill replacement components.
    Whether rubber rolls used in rice mills are classifiable as parts of milling machinery or as other articles of unhardened vulcanised rubber; Note 2 to Section XVI is subject to Note 1(a) which excludes such articles from machinery chapters, and the Explanatory Note to the vulcanised rubber heading includes articles for technical uses; the Board accepted the Tariff Conference view that the rolls merit classification under Heading 40.16 as other articles of vulcanised rubber.
    Wealth Tax-Inclusion of interest on cumulative bank deposits and NSC in net wealth of assessee.
    Show AI Summary
    Accrued interest inclusion in net wealth: compounded interest on savings certificates and cumulative deposits counts as taxable wealth.
    Accrued interest on instruments that deem interest to accrue and be reinvested, such as certain National Savings Certificates and cumulative bank term deposits under reinvestment plans, must be included in the assessee's net wealth; where interest is actually paid periodically the accrual treatment does not apply. The accrued interest is taxable on annual accrual and is eligible for the Wealth-tax Act deductions available for bank deposits and savings certificates.
    Central Excise - Classification of 'tar' produced during the course of manufacture of Phenol/Acetone or Beta Napthol
    Show AI Summary
    Classification of chemical-process tar as a chemical-residue, not a mineral bitumen, determining tariff treatment.
    Tar produced as a residue during manufacture of Phenol/Acetone or Beta Napthol from organic feedstocks is not a distillate of coal or mineral oils nor natural bitumen or asphalt; it is a mixture of hydrocarbons and unknown compounds usable essentially as fuel and should be classified as a chemical-process residual product under the tariff heading for residues of organic chemicals rather than under mineral fuel or bitumen headings.
    Authentication of previous year figures in the Cost Audit Report
    Show AI Summary
    Authentication of previous year figures: cost auditors should certify prior-year figures as based on management information and certificate.
    Cost auditors reporting previous-year figures in the Cost Audit Report should include a certificate note stating that such figures are based on information furnished by management and that the auditor has obtained a management certificate corroborating those figures, rather than simply qualifying or disclaiming responsibility for unaudited prior-year data.
    Demand - Enforcement during consideration of exemption under Section 11C - Clarification
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    Enforcement restraint during exemption consideration: do not initiate coercive recoveries while exemption claims remain under formal consideration.
    Where a survey under Section 11C has been conducted and an exemption claim is under consideration, authorities are directed not to undertake coercive action or press demands for recovery until the matter is finally determined; this administrative instruction responds to trade representations about premature recoveries and imposes a moratorium on enforcement pending finalisation of the case.

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      Scope and applicability of Sec.273A(2).

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      Prior approval requirement for waiver or reduction of specified tax penalties where thresholds are exceeded limits local authority action.
      The Board requires prior approval before a Commissioner may reduce or waive specified penalties where either the aggregate amount of penalties under ... Summary

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