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    Guidelines regarding acquisition proceedings under Ch.XXA.
    Deduction of tax at source-Section 193, read with section 197(1)/(2) of the Income-tax Act, 1961-Interest on Government securities-Rates of tax applic...
    Karnataka State Employee's Group Insurance Scheme, 1981-Relief under section 80C of the Income-tax Act, 1961, to contribution made under this scheme
    Applicability of Sec.10(4) to 'Special Travelling Allowance' of pilots of Pawan Hans Ltd.
    Guidelines for recognition of public charitable trusts u/s 80G.
    Deduction of tax at source-Income-tax deduction from salaries during the financial year 1988-89 under section 192 of the Income-tax Act, 1961
    Provisions relating to assessment of partnership firms--Clarification regarding
    Deduction of tax at source-Section 194B and 194BB of the Income-tax Act, 1961-Deduction from winnings from lottery or crossword puzzle or horse race-R...
    Section 194D of the Income-tax Act, 1961-Deduction of tax at source-Deduction from insurance commission, etc.-Rate of tax applicable during the financ...
    Finance (Amendment) Act--Refund of surcharge to non-residents--Refund of surcharge on income-tax paid by non-residents in accordance with the Finance ...
    Section 5 of Expenditure Act, 1987-Clarification regarding collection of expenditure-tax by hotels under the Expenditure-tax Act, 1987
    Section 5(1)(xxvb) of the Wealth-tax Act, 1957-Whether exemption of the deposits made under the National Savings Scheme, 1987, from wealth-tax contain...
    Meaning of the term 'emolument' for allotment of accomodation for Income Tax Pool.
    Guidelines to Chief Comm./Dir. Gen.(Inv) with respect to acceptance or contesting of adverse orders of Settlement Commission.
    Date of coming into force of Finance (Amendment) Act, 1987.
    Scope of relief u/s 273A.
    Collection of arrear demands.
    Wide publicity of attachment of immoveable property.
    Deduction of tax at source under section 194A of the Income-tax Act, 1961-Deduction from interest income other than income chargeable under the head "...
    Deduction of tax at source under section 194 of the Income-tax Act, 1961-Deduction from dividend income-Rate of tax applicable during the financial y...
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Guidelines regarding acquisition proceedings under Ch.XXA.
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Revision jurisdiction clarified: alternative remedy unavailable where an appeal merges, prompting discontinuance of minor acquisition cases.
Administrative guidance orders discontinuance of numerous small-value acquisition proceedings to reduce backlog and permit focus on significant cases, while amending prior circulars to clarify that the Commissioner's revision jurisdiction is an alternative remedy available only when no appeal has been pursued; where a lower authority's order has been appealed and merged into the appellate decision, revision is rendered otiose under the doctrine of merger.
Deduction of tax at source-Section 193, read with section 197(1)/(2) of the Income-tax Act, 1961-Interest on Government securities-Rates of tax applicable during the year 1988-89
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Tax deduction at source on interest on government securities: rates maintained for 1988-89 with surcharge and specified exemption procedures.
Withholding agents must deduct income-tax from interest on Government securities for financial year 1988-89 at the prescribed basic rates and increase the amount of tax deducted by a surcharge for Union purposes applicable to resident Indians and domestic companies. Exemption or abatement certificates already issued and operative for the year should be accepted; new certificates issued after April 1, 1988 govern the rates to be applied. Specific exemptions and a written declaration by resident individuals claiming non-deduction are recognised. Compliance obligations include quoting the Tax-deduction Account Number, timely payment of deducted tax, prescribed returns, rounding rules, and penalties including criminal sanctions for failure to remit deducted tax.
Karnataka State Employee's Group Insurance Scheme, 1981-Relief under section 80C of the Income-tax Act, 1961, to contribution made under this scheme
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Tax deduction under section 80C applies to Karnataka State Employees' Group Insurance Scheme contributions subject to overall limit.
Contributions by Karnataka State Government employees to the Karnataka State Employees' Group Insurance Scheme, 1981 are eligible for deduction under section 80C of the Income-tax Act, 1961, subject to the aggregate statutory limit applicable to deductions under that provision.
Applicability of Sec.10(4) to 'Special Travelling Allowance' of pilots of Pawan Hans Ltd.
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Exemption for special travelling allowance: reimbursement of crew meal and incidental expenses is tax-exempt with employee certification.
The Special Travelling Allowance paid to pilots as reimbursement for additional meal, tip, refreshment and incidental expenses qualifies for statutory exemption to the extent expenses are actually incurred; an employee's certificate that the allowance was spent suffices for exemption unless the assessing officer has reason to doubt its truth, and these instructions apply to the relevant assessment year and earlier years without requiring reopening of completed assessments.
Guidelines for recognition of public charitable trusts u/s 80G.
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Recognition of public charitable trusts under section 80G: prompt applications enable retrospective certification; short renewal delays condoned.
Guidelines prescribe that an original 80G certificate can be effective from creation if the trust applies for registration within three months of clearance and applies for the 80G certificate within a further three months of registration. For renewals, delays up to three months are ordinarily condoned without reason; longer delays require satisfactory explanation and merit-based consideration to avoid hardship.
Deduction of tax at source-Income-tax deduction from salaries during the financial year 1988-89 under section 192 of the Income-tax Act, 1961
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Tax deduction at source on salaries: computation rules, exemptions, standard deduction increase and employer compliance obligations.
Employers must deduct income-tax from salaries at the average rate on estimated annual salary, with monthly deductions based on the annual estimate divided by twelve; no deduction is required if estimated annual salary does not exceed the statutory threshold. Perquisites and employer-provided benefits must be valued and included in estimated salary under applicable rules. The Finance Act, 1988 adjusts the standard deduction and certain investment and annuity deductions while continuing the surcharge; employers must verify qualifying investments, deposits and exemptions before allowing deductions for TDS. TAN quoting, correct challan use, timely deposit, prescribed returns and penalties for non-compliance are mandatory.
Provisions relating to assessment of partnership firms--Clarification regarding
Show AI Summary
Assessment of partnership firms: commencement of the new scheme deferred; transitional and compliance provisions clarified.
The new partnership assessment scheme under the Direct Tax Laws (Amendment) Act, 1987 is deferred to 1-4-1990; therefore, pre-amendment provisions continue to apply for assessment years 1988-89 and 1989-90, including rules on partner remuneration disallowance, inclusion of family members' shares, computation of partner's share, carry-forward of firm losses, rebates for unregistered firms, and registration and assessment procedures. Separate amendments-uniform financial year, new return and assessment procedure, and interest provisions-apply from 1-4-1989, while advance tax provisions apply from 1-4-1988; TDS changes under section 194E are deferred to 1-4-1989.
Deduction of tax at source-Section 194B and 194BB of the Income-tax Act, 1961-Deduction from winnings from lottery or crossword puzzle or horse race-Rates of tax applicable during the financial year 1988-89
Show AI Summary
Tax deduction at source on casual winnings requires flat rate withholding, surcharge and strict TAN, payment and reporting compliance.
Deduction of tax at source is required on winnings from lotteries, crossword puzzles and horse races under sections 194B and 194BB, with such casual income taxed under section 115BB at a flat rate of 40%. Winnings below the statutory exemption threshold in aggregate are not taxable; where winnings exceed that threshold tax is deductible on gross winnings after treating the exempt amount and after excluding commissions to agents. Deductors must quote TAN in specified documents, file prescribed returns, deposit TDS to Government within prescribed time, and face civil and criminal consequences for defaults.
Section 194D of the Income-tax Act, 1961-Deduction of tax at source-Deduction from insurance commission, etc.-Rate of tax applicable during the financial year 1988-89
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Tax deduction on insurance commission: mandatory withholding at payment or credit with distinct resident and non-resident rules.
Deduction of tax at source is required on remuneration or reward for soliciting or procuring insurance business under section 194D, to be made at payment or credit, with a resident exemption threshold; no exemption applies to non-residents and credits to any account are treated as payment. Withholding rates differ for persons and domestic companies and are subject to a surcharge; non-resident and foreign company payments attract separate higher rates. Payers must quote TAN, file returns, remit withheld tax within prescribed time, and face penalties and criminal sanction for failure to deduct or pay withheld tax.
Finance (Amendment) Act--Refund of surcharge to non-residents--Refund of surcharge on income-tax paid by non-residents in accordance with the Finance (Amendment) Act, 1987
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Refund of surcharge for non residents authorised by retrospective amendment; tax commissioners may grant refunds subject to set off.
The Finance (Amendment) Act, 1987 removed the surcharge liability for non-residents with retrospective effect to the date of the Ordinance, creating entitlement to refunds for non-residents who paid or had surcharge deducted. The Central Board authorised concerned Commissioners of Income-tax to permit such refunds despite the absence of an express refund provision in the Income-tax Act, subject to adjustment of any outstanding demands against the assessee.
Section 5 of Expenditure Act, 1987-Clarification regarding collection of expenditure-tax by hotels under the Expenditure-tax Act, 1987
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Exemption for foreign tourists: payments converted from foreign exchange by travel agents are not subject to hotel expenditure-tax.
Payments to hotels made in Indian currency obtained by conversion of foreign exchange brought into India through an authorised dealer by a travel agent on behalf of foreign tourists are deemed to have been made in foreign exchange and thus are exempt from expenditure-tax. Hotels need not collect or remit expenditure-tax on bills for such foreign tourists where payment will be made by the travel agent in converted foreign exchange, and the hotel's collection and monthly payment obligations do not apply in these cases.
Section 5(1)(xxvb) of the Wealth-tax Act, 1957-Whether exemption of the deposits made under the National Savings Scheme, 1987, from wealth-tax contained in clause (xxvb) of sub-section (1) of section 5 of the Wealth-tax Act is not subject to the limit of Rs. 5 lakhs specified in sub-section (1A) of
Show AI Summary
Wealth tax exemption for National Savings Scheme deposits confirmed as not subject to the overall statutory limit.
The exemption of deposits under the National Savings Scheme, 1987 from wealth-tax is not subject to the aggregate monetary limit in section 5; deposits under the Scheme are exempt from wealth-tax without any limits, and the explanatory language of the earlier circular is accordingly modified.
Meaning of the term 'emolument' for allotment of accomodation for Income Tax Pool.
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Definition of emoluments clarified as pay determining accommodation eligibility for income tax pool allotment under service rules.
For accommodation allotment from the Income tax Pool, emoluments mean pay as defined in the Fundamental Rules, excluding special pay and pay granted for personal qualifications, and comprising pay sanctioned for a post held substantively or in an official capacity or to which an officer is entitled by reason of position in a cadre; eligibility for accommodation categories must be determined on that basis.
Guidelines to Chief Comm./Dir. Gen.(Inv) with respect to acceptance or contesting of adverse orders of Settlement Commission.
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Settlement Commission orders: Chief Commissioners and DGs must decide acceptance or contest and follow internal reporting procedures.
Decision-making authority to accept or contest adverse Settlement Commission orders rests with the concerned Chief Commissioner of Income-tax or Director General (Investigation); Commissioners must report orders they find incorrect to those officers rather than to the Board, and proposals to contest by filing a Special Leave Petition must be sent to the Board with the original order after internal approval. The practice of monthly submission of orders with comments to the Board is discontinued; such copies and comments must now be sent to the concerned Chief Commissioner and Director General (Inv.).
Date of coming into force of Finance (Amendment) Act, 1987.
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Surcharge on tax deducted at source applies from enactment; non compliance before public announcement will not attract penalties.
A five percent surcharge on income tax was made applicable to specified categories of tax deducted at source from the date the Bill was enacted, increasing required TDS on payments such as interest, lottery and horse race winnings, insurance commission and contractor payments. Where, for payments made after enactment but before public announcement, the surcharge was not added to TDS, the deductor or company will not be treated as an assessee in default for interest or penalty purposes, and prosecution will not be initiated.
Scope of relief u/s 273A.
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Successive relief under section 273A permitted where no prior relief under subsection (1) was availed, per legal advice.
The prohibition on successive relief applies only where the taxpayer has already availed the benefit under the primary relief provision; if no such primary relief was granted, the bar does not prevent granting successive relief under the alternative provision, which may be applied independently.
Collection of arrear demands.
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Collection of arrear demands: instruction mandates supervisory accountability and procedural measures to ensure timely reconciliation and recovery.
Instruction addresses neglect in the collection of arrear demands by identifying operational failures-absence of demand certification and reconciliation, unprocessed rectification and stay petitions, lack of follow-up on show-cause notices, incomplete application of appeal effects, failure to pursue collection after demands crystallise, missed seizure adjustments, and inaction on write-offs-and directs senior officials to ensure inspections comment on these items, increase supervisory involvement, coordinate ITOs and Tax Recovery Officers, and take steps to expedite recovery.
Wide publicity of attachment of immoveable property.
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Publicity of attachment: require newspaper advertisements naming defaulter and clearly identifying attached property to warn third parties.
Upon an order of attachment under the Second Schedule, the Tax Recovery Officer must issue advertisements in English and local language newspapers stating the defaulter's name and specific, identifying details of the immovable property to enable clear identification; for existing attachments a similar list of particulars must be prepared and published.
Deduction of tax at source under section 194A of the Income-tax Act, 1961-Deduction from interest income other than income chargeable under the head "Interest on securities"-Rate of tax applicable during the financial year 1987-88-Levy of surcharge on income-tax-Regarding
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Tax deduction at source on interest: surcharge addition increases withholding tax obligation for payers under amended finance provisions.
Rates for deduction of tax at source on interest (other than interest on securities) are in Part II of the First Schedule to the Finance Act, 1987 and deductions are subject to statutory exemptions. The Finance (Amendment) Act, 1987 immediately amended the Schedule to require that income-tax computed under those rates be increased by a surcharge of five percent of such income-tax, with the surcharge effective 16-12-1987; taxpayers and withholding agents are to be informed and may seek assistance from Income-tax Officers or Local Public Relations Officers.
Deduction of tax at source under section 194 of the Income-tax Act, 1961-Deduction from dividend income-Rate of tax applicable during the financial year 1987-88-Levy of surcharge on income-tax-Regarding
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Tax deduction at source on dividends: mandatory withholding from dividend payments, with surcharge increasing tax liability.
Section 194 mandates tax deduction at source from dividends by principal officers before payment or issuance of cheques or warrants, with an exemption for resident individuals in companies substantially owned by the public where dividends are paid by account payee cheque and aggregate distributions do not exceed a small-amount threshold. An amendment to the Finance Act First Schedule imposes a surcharge on income-tax, increasing tax computed under the Finance Act rates, effective 16 December 1987, and this surcharge is to be included in computing TDS on dividends.

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