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    Computation of income under the head ``Salaries''--Reimbursement of wages of sweeper, gardener and watchman--Applicability of Board's Instruction No. ...
    Amended provisions of Sec.10(14).
    TDS (i) u/s. 194B and 194BB from winnings from lotteries, crossword puzzles and horse races and (ii) under section 194G from commission, etc., paid on...
    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...
    Application of agreement between the Govt. of India and the Govt. of the Federal Republic of Germany for avoidance of double taxation of income and ca...
    Charge of expenditure-tax from World Bank Mission staff and other international organisations--Clarification regarding
    Procedure to be adopted for obtaining prior approval for issue of refunds.
    Explanatory notes on the provisions relating to direct taxes
    Section 194D of the Income-tax Act, 1961--Deduction of tax at source from insurance commission during the financial year 1993-94--Instructions regardi...
    Section 193 of the Income-tax Act, 1961--Deduction of income-tax at source from interest on securities during the financial year 1993-94--Instructions...
    Transfer/postings of IT Inspectors.
    Streamlining of assessment of share brokers.
    Income-tax deduction from salaries during the financial year 1993-94 under section 192 of the Income-tax Act, 1961
    Scheme for disposal of immoveable properties purchased under Ch.XXC of the Act.
    Income chargeable to tax u/s 172.
    Wealth Tax Act - Instruction relating to assessees of J&K in consequence of upholding of extension of WT Act to J&K by Supreme Court.
    Deduction under sections 80U and 80DD of the Income-tax Act, 1961 - Clarification regarding
    Section 32 of the Income-tax Act, 1961--Rate of depreciation on motor lorries used in the business of transportation of goods--Regarding
    Inadmissibility of certain interest payments as deduction under section 37(1)/57(iii) of the Income-tax Act, 1961
    Clarification on applicability of the Expenditure-tax Act, 1987
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Computation of income under the head ``Salaries''--Reimbursement of wages of sweeper, gardener and watchman--Applicability of Board's Instruction No. 133, dated 10-12-1969--Regarding
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Taxability of domestic-staff reimbursements: employer reimbursement for employee-hired sweeper, gardener or watchman is taxable as salary.
Where the employer directly recruits and remunerates a sweeper, gardener or watchman but places their services at the disposal of an employee, specified ad hoc valuation applies; by contrast, reimbursement by the employer of wages for a sweeper, gardener or watchman engaged and paid by the employee is fully taxable as salary in the hands of the employee.
Amended provisions of Sec.10(14).
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Tax exemption for employee allowances limited to actual expenses and notified ceilings, requiring employer disclosure and employee proof.
Exemption for employee allowances applies only to notified allowances not chargeable as perquisites and only to the extent of expenses actually incurred in performance of duties. Notified allowances relevant to airline pilots and crew include travel on tour or transfer, daily subsistence during tours or transfer journeys, conveyance for duties, and uniform purchase or maintenance. A transport-system personal expenditure allowance is available subject to the extent and limit specified in notification. Employees claiming exemption must affirm expenditure and produce evidence if required; employers must detail allowances in salary certificates to ensure correct tax withholding and assessing officers must allow exemptions strictly under law.
TDS (i) u/s. 194B and 194BB from winnings from lotteries, crossword puzzles and horse races and (ii) under section 194G from commission, etc., paid on sale of lottery tickets--Financial year 1993-94--Instructions regarding
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TDS on lottery and betting winnings requires source deduction and strict certificate, return, TAN and payment compliance.
Tax must be deducted at source on lottery, crossword and horse-race winnings under sections 194B and 194BB and on commission or similar payments to persons dealing in lottery tickets under section 194G for 1993-94; thresholds and applicable rates are specified and increased by a Union surcharge. Crediting commission to any account triggers TDS at credit or payment, and affected persons may obtain an Assessing Officer's certificate for lower or nil deduction. Deductors must timely remit deducted tax, issue prescribed certificates, obtain and quote TAN, file annual returns in prescribed forms, and face penalties, interest, and possible criminal sanction for non-compliance.
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 1993-94--Instructions regarding
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Tax collection at source requires sellers to collect from buyers of specified goods, with compliance duties and penalties.
Sellers of specified goods must collect income tax at source at prescribed percentages at the first sale; the obligation excludes certain buyers and second or subsequent sales. Collectors must remit amounts within seven days, issue prescribed certificates enabling buyer credit, and file half yearly returns in specified forms. A buyer's Assessing Officer certificate for manufacture/use exempts the transaction from collection while valid. Failures to collect, remit, issue certificates, or file returns attract interest, daily penalties subject to a cap, surcharges based on buyer type, and potential criminal sanction for non remittance.
Application of agreement between the Govt. of India and the Govt. of the Federal Republic of Germany for avoidance of double taxation of income and capital over the unified territories of Federal Republic of Germany and the German Democratic Republic
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Tax treaty application over unified German territories extends India-Germany avoidance of double taxation framework to new states.
The India-Federal Republic of Germany Convention for avoidance of double taxation is applied to the unified territories of Germany, including five new La nder and parts of Berlin, effective from 1 January 1991 under mutual agreement reached pursuant to Article XVIII; the earlier agreement with the former German Democratic Republic remains applicable only until 31 December 1990.
Charge of expenditure-tax from World Bank Mission staff and other international organisations--Clarification regarding
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Exemption for international organisation officials withdrawn; expenditure tax now applies to their foreign exchange hotel charges on official duty.
Exemption from expenditure tax for officials of international organisations staying in hotels on official duty who paid or incurred charges in foreign exchange has been withdrawn effective October 1, 1992, and such officials (including World Bank mission staff) are no longer entitled to exemption; expenditures by persons covered by diplomatic or consular immunity under the Vienna Conventions remain excluded from the chargeable expenditure for expenditure tax. Board Circular No. 637 is modified accordingly.
Procedure to be adopted for obtaining prior approval for issue of refunds.
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Prior approval removal for tax refunds shifts verification to Deputy Commissioners and mandates monitoring to prevent fraud.
The instruction removes the requirement for prior approval of the Commissioner of Income Tax for issuance of refunds; assessing officers may issue refunds without CIT clearance. For refunds exceeding Rs.1 lakh the assessing officer must obtain Deputy Commissioner approval, and a DC acting as assessing officer is personally responsible for verifying refund correctness and must follow the verification procedure from Instruction No.1889. Chief Commissioners must establish monitoring systems, including involving Commissioners of Income Tax, to prevent fraud and ensure correct refunds.
Explanatory notes on the provisions relating to direct taxes
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Tax reform: expanded targeted exemptions, new advance rulings authority for non resident transactions and investor incentives.
The Act prescribes income tax and withholding rates for the 1993-94 assessment year, preserves and narrows surcharge application, introduces new provisions for Foreign Institutional Investors and non resident technicians, and establishes an Authority for Advance Rulings for non resident transactions with defined composition, procedure and binding limited effect. It expands targeted exemptions and tax holidays (including software parks, backward state undertakings and power projects), increases individual reliefs and research incentives, revises withholding coverage for capital gains and strengthens procedural, valuation and penalty approval rules.
Section 194D of the Income-tax Act, 1961--Deduction of tax at source from insurance commission during the financial year 1993-94--Instructions regarding
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Deduction of tax at source on insurance commission requires withholding, deposit, certification and reporting with prescribed compliance obligations.
Tax must be deducted at source on remuneration for soliciting or procuring insurance business under section 194D, subject to the prescribed threshold exception; resident and non-resident treatment differs with section 195 covering non-residents. A lower or nil deduction certificate may be obtained under section 197. Deductors must deposit tax within statutory timelines, issue Form 16A to payees, quote TAN, and file the annual Form 26D return, with statutory penalties, interest and criminal sanctions for non-compliance.
Section 193 of the Income-tax Act, 1961--Deduction of income-tax at source from interest on securities during the financial year 1993-94--Instructions regarding
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Tax deduction at source on interest on securities requires specified withholding rates, exemptions, documentation and strict compliance obligations.
Deduction of tax at source under section 193 is required on interest on securities for 1993-94 at rates in Part II of the First Schedule to the Finance Act, 1993, payable at credit or payment, with credit to suspense accounts treated as payee credit. The circular identifies resident/non-resident and company/domestic company rate categories, applicable surcharges, specified exemptions (including Form 15F declarations and section 197 certificates), and prescribes compliance obligations: payment timelines, Form 16A issuance, TAN quoting, annual Form 25 returns, rounding rules, and penalties, interest and criminal sanctions for non-compliance.
Transfer/postings of IT Inspectors.
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Reassignment of Tax Inspectors: majority shifted to territorial charges for survey duties; limited retention for CIB work.
Order reorganises deployment of Income-tax Inspectors by transferring the majority from Investigation survey wings to Commissioners' charges for exclusive territorial survey duties, assigning them to Range DCs with accountability for area-specific survey and information, ordinarily for two years; a minority will remain with Investigation for CIB and search support, and clarifies that "existing sanctioned strength" refers to Inspectors on survey duty since 1986, with city ITOs (Survey) remaining under Directorate Investigation and separate directions for mofussil stations.
Streamlining of assessment of share brokers.
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Assessment of share brokers: ensure tax returns filed, statutory notices issued, and priority finalisation of assessments.
The Board directs monitoring of share brokers so that returns are filed; where returns are not filed, prompt statutory notice is issued; missing subsequent returns are followed up; and where selected for scrutiny, assessments are finalised on a priority basis. Chief Commissioners may set up separate assessment circles or wards for persons connected with the capital market to ensure timely notices, follow-up, and expedited completion of assessments.
Income-tax deduction from salaries during the financial year 1993-94 under section 192 of the Income-tax Act, 1961
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Tax deduction at source from salaries: employer obligations, permitted exemptions, and compliance procedures under the income-tax code.
Tax deduction at source under section 192 requires employers/payors to deduct tax monthly on estimated annual salary income by computing tax at the average rate and dividing by twelve; aggregation of salary from multiple employers is required, and prescribed forms allow inclusion of other income for computing TDS. The circular details operation of standard deduction, valuation and inclusion of perquisites, specified exemptions and deductions (house rent allowance, gratuity, pension commutation, medical reliefs, charitable contributions, and special concessions such as sections 80DD, 80GG, 80RRA and 80U), and sets out procedural obligations for deposit, certification, reporting and penalties for non-compliance.
Scheme for disposal of immoveable properties purchased under Ch.XXC of the Act.
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Disposal of immovable property under Chapter XXC: auctions, sealed tenders, and direct negotiation procedures govern sale and payment terms.
Properties purchased under Chapter XXC must be offered by open public auction within three months; if unsold after three auctions they shall be offered by sealed tenders, and if still unsold may be disposed of by direct negotiations limited to public sector undertakings and government departments starting at market value and not below the fixed reserve price. A tiered payment schedule and bank payment requirements apply; defaults lead to forfeiture and re-sale with recovery of any deficiency. Purchasers bear conveyance costs and outstanding dues, and standard auction and tender terms and procedural safeguards are prescribed.
Income chargeable to tax u/s 172.
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Deemed income under section 172: mothership taxed on whole freight; daughter vessel payments treated as deemed expenditure.
Deemed income under section 172 is chargeable on the entire freight where the bill of lading shows the mothership as recipient; payments to a daughter vessel operator are treated as expenditure implicitly covered when estimating deemed income at the prescribed rate, and the daughter operator is separately taxable on its own freight receipts. Administrative apportionment relief would require a Board clarificatory circular; absent that and absent agreements or separate exporter payments, apportionment is not recommended.
Wealth Tax Act - Instruction relating to assessees of J&K in consequence of upholding of extension of WT Act to J&K by Supreme Court.
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Extension of wealth-tax to Jammu & Kashmir permits phased recovery with waiver of interest and cancellation of penalties for the judgment gap.
The Supreme Court validation of the Wealth-tax Act's extension to Jammu & Kashmir permits completion of assessments and recovery of outstanding demands; the Board directs phased recovery or instalments to avoid hardship, liberal write-off for small or untraceable demands, waiver of interest for the inter-judgment period, cancellation or reduction of penalties for defaults in that period by Commissioners using remission powers, and non-imposition of penalties in pending proceedings for defaults within the specified interval.
Deduction under sections 80U and 80DD of the Income-tax Act, 1961 - Clarification regarding
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Disability deduction claims: rectification and revised returns permitted to claim missed deductions and obtain refunds.
Affected taxpayers may seek rectification or file revision petitions with supporting medical certificates where assessments or intimations under section 143(1)(a) are completed; authorities shall admit such applications, condone delay if necessary, decide them on merits and grant refunds where due. Where assessments are pending or no intimation has been issued, the Board extends the time for filing revised returns solely to claim the disability deductions and authorises assessing officers to consider those returns on merits and grant refunds.
Section 32 of the Income-tax Act, 1961--Rate of depreciation on motor lorries used in the business of transportation of goods--Regarding
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Higher depreciation for hired transport vehicles allowed when vehicles are used in the assessee's transport-on-hire business.
A higher rate of depreciation is admissible on motor buses, motor lorries and motor taxis when used in a business of running them on hire; this benefit applies to vehicles owned and used by the assessee in providing transportation of goods on hire, but not where such vehicles are used in the assessee's non-hiring business activities.
Inadmissibility of certain interest payments as deduction under section 37(1)/57(iii) of the Income-tax Act, 1961
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Non-deductibility of statutory interest on delayed payments restricts buyers from claiming mandated interest as a tax deduction.
Statutory interest on delayed payments to small scale and ancillary industrial suppliers, compounded monthly and payable from the appointed day or next day after the agreed date at a rate above bank lending rates, is expressly excluded from deduction for income computation; Assessing Officers must ascertain and disallow such inadmissible interest claims in buyers' assessments.
Clarification on applicability of the Expenditure-tax Act, 1987
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Luxury tax characterization clarifies that taxes similar in nature to luxury tax are included in room charges for expenditure tax.
The Board confirms that State-imposed levies characterized as luxury tax are included in the room charges for determining applicability of the Expenditure-tax Act, and that the phrase "such other taxes" must be construed ejusdem generis to mean only taxes of the same nature as luxury tax.

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