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    Collection of income-tax at source under section 206C of the Income-tax Act, 1961, in respect of profits and gains from the business of trading in alc...
    Section 194D of the Income-tax Act, 1961--Deduction of tax at source from insurance commission during the financial year 1992-93
    Section 194C of the Income-tax Act, 1961--Deduction of tax at source from payment made to contractors and sub-contractors--Instruction regarding
    TDS u/s. 194B, 194BB and 194G of the Income-tax Act, 1961, from winnings from lottery, crossword puzzles, horse races or from commission, etc., paid o...
    Section 193 of the Income-tax Act, 1961--Deduction of income-tax at source from interest on securities during the financial year 1992-93--Instructions...
    1895/1992.
    Income-tax deduction from salaries during the financial year 1992-93 under section 192 of the Income-tax Act, 1961
    5103/1992.
    1894/1992.
    Register of Demand and Collections of Advance Payment of Tax - Modification of - Instructions regarding
    1893/1992.
    1892/1992
    Audit of accounts under section 44AB of the Income-tax Act, 1961--Penalty under section 217B for assessment years 1985-86--Regarding
    Clarification in respect of section 5(1)(xxa) of the Wealth-tax Act, 1957, in view of the omission of Ninth Schedule to the Income-tax Act, 1961
    Deduction of income-tax at source from interest other than ``interest on securities''--Section 194A of the Income-tax Act, 1961--Deduction from intere...
    Issue of certificates of TDS under the provisions of the IT Act, 1961--Replacement of the unified Form No. 16 with new Forms Nos. 16, 16A and 16B--Acc...
    5102/1992.
    Reopening of assessments on account of retrospective amendment made in section 80HHC in respect of ``counter'' sales to foreign tourists in shops and ...
    5101/1992.
    Commutation of pension received by Judges of the Supreme Court and High Courts--Applicability of section 10(10A)(i) of the Income-tax Act, 1961
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Collection of income-tax at source under section 206C of the Income-tax Act, 1961, in respect of profits and gains from the business of trading in alcoholic liquor, forest produce, etc.--Financial year 1992-93
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Tax collection at source on specified goods requires sellers to collect and remit tax with surcharge and strict compliance obligations.
Sellers must collect income-tax at source from buyers on sales of specified goods (alcoholic liquor, timber, other forest produce) at prescribed percentages at the earlier of debit or receipt. The obligation applies at the first sale and excludes public sector companies and subsequent buyers; an Assessing Officer may exempt a buyer by certificate for manufacturing use. Collected tax must be remitted within seven days, certificates issued to buyers, half-yearly returns filed in prescribed forms, and failures attract penalties, interest and potential criminal sanction; a surcharge applies for certain buyers.
Section 194D of the Income-tax Act, 1961--Deduction of tax at source from insurance commission during the financial year 1992-93
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Tax deduction at source on insurance commission: withholding, surcharge and procedural compliance required for payers.
Deduction at source is required on income paid as insurance commission to resident payees under Tax Deduction at Source, with specified rates for non-corporate residents and domestic companies and an additional surcharge; deduction is to be made at payment or credit, subject to a de minimis exemption, and payers must follow certificates from the Assessing Officer for lower or nil deduction.
Section 194C of the Income-tax Act, 1961--Deduction of tax at source from payment made to contractors and sub-contractors--Instruction regarding
Show AI Summary
Tax Deduction at Source on Contractor Payments requires payers to withhold tax and meet payment, certificate and reporting obligations.
Section 194C mandates withholding tax on payments to resident contractors by specified payers and on payments by contractors to resident sub-contractors, subject to surcharge and a small-sum exemption; Assessing Officers may grant Form No.13C certificates for lower or nil deduction. Deductors must deposit withheld tax within prescribed timeframes, furnish Form No.16B certificates, quote TAN on documentation, and file an annual return in Form No.26C. Failures attract interest, penalties, and potential prosecution under relevant provisions.
TDS u/s. 194B, 194BB and 194G of the Income-tax Act, 1961, from winnings from lottery, crossword puzzles, horse races or from commission, etc., paid on sale of lottery tickets--Rates of tax applicable during the financial year 1992-93
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Tax Deduction at Source on gaming and lottery winnings: unchanged rates and mandatory compliance, with applicable surcharge.
Deduction of tax at source applies to winnings from lotteries, crossword puzzles and horse races and to commission or remuneration on sale of lottery tickets; specified rates apply for 1992-93, with commission payments subject to ten per cent and credits to any account (including suspense) treated as payment/credit for TDS. A Union surcharge increases the deductible amount for non corporate residents and domestic companies. Deductors must timely deposit TDS, furnish prescribed certificates, obtain and quote TAN, file annual returns in prescribed forms, and face interest, penalties and prosecution for defaults. Certificates from the Assessing Officer may allow lower or nil deduction in certain lottery business cases.
Section 193 of the Income-tax Act, 1961--Deduction of income-tax at source from interest on securities during the financial year 1992-93--Instructions regarding
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Tax Deduction at Source on interest: sets withholding rates, exemptions, filing and penalty obligations for payers.
Deduction of tax at source from interest on securities must be made at credit or payment, with credits to suspense accounts treated as payee credit. Prescribed withholding rates and surcharges apply to residents, non-resident Indians, other non-residents, and companies, subject to specified exemptions and certificates that permit nil or lower deduction. Persons responsible for deduction must deposit withheld tax within prescribed timeframes, obtain and quote tax deduction account numbers, furnish TDS certificates and annual returns in prescribed forms, apply rounding rules to tax amounts, and face interest, penalties and possible prosecution for failures.
1895/1992.
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Appeal weightage reform standardises lower-tier treatment and increases top-tier weightage for tax appeals, effective for appeals decided thereafter.
Revision reassigns unit weightage for income tax appeals by disputed demand bands: a single unit for appeals up to the lower monetary band, three units for appeals above that band up to the mid band, and four units for appeals above the upper band. The existing monthly disposal quota remains unchanged. The revised weightage applies to appeals decided after the stated effective date and operates within the prior scope limiting weightage to assessment and concealment penalty appeals; other norms in the earlier Instruction continue to apply.
Income-tax deduction from salaries during the financial year 1992-93 under section 192 of the Income-tax Act, 1961
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Tax deduction at source from salaries: updated slab structure and employer obligations for withholding and reporting.
Employers must deduct income-tax at source under Section 192 on estimated salary income for FY 1992-93 at average rates based on the revised slab structure and exemption limit introduced by the Finance Act, 1992. Taxable salary includes wages, perquisites, pensions and similar receipts; aggregate salary from multiple employers is to be considered. Compute taxable salary after allowed exemptions and standard deductions, apply rebates under Section 88 and Section 88B, add surcharge where applicable, then deduct tax monthly and comply with prescribed payment, certification (Form No.16) and return (Form No.24) requirements.
5103/1992.
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Workload rationalisation: concentrate search cases with specialist ACIT(Inv) and reassign staff to strengthen assessment capacity.
The Board directs redistribution of assessment and search workloads: the Special Range DCSR will not be assisted by ITOs or ACITs to free ITOs for category A assessments, and headquarters deployments should be reviewed to release ITOs. Assistant Commissioner jurisdictions may be re-arranged in metropolitan areas to increase individual assessment loads so released ACITs can serve as ACIT(Inv) for search cases. Search cases are to be concentrated with ACIT(Inv) for expeditious disposal, with major searches assignable to DCIT(Special Range) and only exceptional assignments to non-ACIT(Inv) ACITs.
1894/1992.
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Selective filing of appeals: require careful scrutiny, accept factual findings unless perverse, and mandate periodic review and reporting.
Commissioners must authorise appeals to the ITAT selectively and only after detailed scrutiny; findings of the CIT(Appeals) on facts should be accepted unless perverse and monetary limits must be followed. CCsIT/DGsIT must review monthly all fact-based appeals and a sample of other appeals, withdraw unjustified appeals, report withdrawals to the Board, and submit a quarterly statistical report of reviews by the end of the subsequent month.
62 - 08-04-1992 Income Tax
Register of Demand and Collections of Advance Payment of Tax - Modification of - Instructions regarding
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Advance tax notice entries under section 210(3) now required; revised register format prescribes demand, revision and collection entries.
Entries in the revised Register of Demand and Collections are limited to assessees served with notices under section 210(3); the revised proforma must record legible name and address, assessment year and income, the amount demanded, control-register serial numbers, revisions under section 210(4), dates of intimations, and adjustment amounts with plus or minus signs. The total payable is recorded as original demand plus additions or minus reductions. Collections, penalty demands and collections are entered in their designated columns, and year-end balances of advance tax and penalty are noted in prescribed balance columns.
1893/1992.
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Tax recovery certificate control: Assessing officers must annotate demand registers when TRO draws up TRCs to avoid duplicate recovery.
Amendment to section 226 and Rule 94 vests exclusive recovery powers in the TRO where a Tax Recovery Certificate (TRC) is drawn up. The Board directs that when the TRO records a TRC in Form ITNS-162 he must notify the Assessing Officer, who shall annotate the corresponding Demand & Collection Register entry to reflect the TRC particulars; these annotations must be carried forward on register migration and applied immediately to existing arrear and current demand entries.
1892/1992
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Presumptive taxation under section 44AC: assessments to follow jurisdictional High Court rulings pending Supreme Court appeal.
Conflicting High Court rulings on the scope and validity of section 44AC require assessors to follow the law of the jurisdictional High Court pending the Supreme Court appeal; where no such decision exists, assessors may apply section 44AC and refer to supportive precedents; stays on operation of the provision must be observed and timing extensions apply selectively; a register of cases affected by High Court decisions must be maintained for subsequent rectification.
Audit of accounts under section 44AB of the Income-tax Act, 1961--Penalty under section 217B for assessment years 1985-86--Regarding
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Audit-report compliance under section 44AB: withdrawal of a circular that clarified exemption from penalty under section 271B.
The Board had issued administrative instructions refraining from initiating penalty proceedings where the prescribed audit report had been obtained by the specified date and self-assessment tax paid within the normal filing period, and a later circular clarified that no penalty would be imposed where the audit report was obtained by that date. The Board has now withdrawn that later clarification circular following reconsideration in consultation with the Ministry of Law.
Clarification in respect of section 5(1)(xxa) of the Wealth-tax Act, 1957, in view of the omission of Ninth Schedule to the Income-tax Act, 1961
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Exemption under section 5(1)(xxa) preserved despite omission of Ninth Schedule; assessing officers to decide claims.
The omission of the Ninth Schedule from the Income-tax Act does not affect entitlement to the exemption under section 5(1)(xxa) of the Wealth-tax Act; for the limited purpose of adjudicating claims under that provision the Ninth Schedule is to be treated as if still on the statute, and assessing officers shall decide claims accordingly.
Deduction of income-tax at source from interest other than ``interest on securities''--Section 194A of the Income-tax Act, 1961--Deduction from interest on time deposits with banks--Clarification regarding
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Tax deduction at source on bank time deposit interest applies only to interest paid or credited after the effective date.
The provisions for deduction of tax at source from interest on bank time deposits became effective on 1 October 1991; only interest paid or credited after that date is liable for deduction at the specified rate, while interest paid or credited between 1 April 1991 and 30 September 1991 is aggregated for the financial year solely to determine whether the aggregate exceeds the threshold that triggers withholding on later payments.
Issue of certificates of TDS under the provisions of the IT Act, 1961--Replacement of the unified Form No. 16 with new Forms Nos. 16, 16A and 16B--Acceptance of TDS certificates in unified Form No. 16 in lieu of Form No. 16B, till March 31, 1992
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TDS certificate acceptance: unified Form 16 temporarily accepted in lieu of Form 16B pending specified cutoff.
TDS certificates issued in the old unified Form No.16 will be accepted in lieu of Form No.16B for certificates issued up to 31st March, 1992, but only for those categories of TDS for which Form No.16B is prescribed. Both the unified Form No.16 and Form No.16B may be used by tax deductors during this transitional period; certificates issued after the cutoff will not be accepted in the old unified Form No.16.
5102/1992.
Show AI Summary
Acceptance of old TDS certificates permits tax credit for banks, subject to indemnity bond and genuineness verification.
Tax credit may be allowed to banks on the basis of TDS certificates issued in old forms for interest on securities, provided the assessee furnishes an indemnity bond under rule 31(5) and the Assessing Officer verifies the genuineness of the certificates; no interest under section 244A will be payable. This facility is extended to private, foreign and other banks on the same conditions, while Chief Commissioners may decide acceptance for other government bodies based on Form No.16 availability.
Reopening of assessments on account of retrospective amendment made in section 80HHC in respect of ``counter'' sales to foreign tourists in shops and emporia, etc., located in India--Clarification regarding
Show AI Summary
Export definition excludes in India counter sales, limiting reopening of past assessments unless relief was clearly granted.
A clarificatory amendment specifies that export out of India excludes sales in shops, emporia or other establishments in India not involving customs clearance; the amendment is retrospective and, while it would normally affect completed assessments, past completed assessments will not be reopened except where records clearly show counter sales were given relief under section 80HHC, in which case the Assessing Officer must rectify the mistake.
5101/1992.
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Return filing deadline extension for certain companies; delay interest waived for limited period upon filing.
Where the explanation to Section 139(1) required a company's return by 31 December 1991, the due date is deemed extended to 31 January 1992, and interest for delay is waived for the period from 1 January 1992 until the date of filing or 31 January 1992, whichever is earlier.
Commutation of pension received by Judges of the Supreme Court and High Courts--Applicability of section 10(10A)(i) of the Income-tax Act, 1961
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Commutation of pension exemption affirmed for judges, with commuted portion excluded from taxable income under income tax law.
Judges of the Supreme Court and High Courts are governed by their respective Conditions of Service Acts which apply the Civil Pension (Commutation) Rules with necessary modifications; under rule 3 those Rules permit commutation of up to one half of pension as a lump sum, and commutation paid to Judges under those Rules is exempt from inclusion in total income under section 10(10A)(i) of the Income tax Act.

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