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    Adjustment of Refund order "Payment to Income tax" through Refund Banker - Regarding
    Steps to clear backlog of returns
    Instruction regarding issue of certificate of lower collection of tax at source u/s 206C(9) of the Income-tax Act 1961
    Constitution of Dispute Resolution Panel (DRP-II, Mumbai)
    Clean up of TAN database relating to Central/State Government On analysis of TAN database, it is seen that in substantial number of cases though reg.
    Enhancement in the functionality of TDS software for generating multiple certificates for no deduction/collection of tax or deduction/collection of ta...
    Tax Credit Statement (in Form 26AS) - missing entries or unmatched entries,
    Filing of SLPs and compliance of directions - Hon'ble Supreme Court of India.
    Explanatory notes to the provisions of the Finance (No. 2) Act, 2009
    Deduction of tax at source - Instructions for issue of certificate u/s 197 mandatorily through ITD system - Section 197 of the Income-tax Act, 1961
    Widening of existing road - definition of a new infrastructure facility - clarification regarding
    On line approval of high value refunds AST Instruction No.79
    Clarification regarding allowing losses on account of trading in forex derivatives
    Periodicity of meetings of Committees of Write off of irrecoverable demands and raising of monetary ceiling - Modification of Instruction No. 16/2003,...
    Dispute Resolution Panel (DRP) - duty to exercise the powers and perform the functions in respect of specified cases or classes of cases
    Tax deduction at source on payment of interest on time deposits under section 194A of the Income-tax Act, 1961 by banks following Core-Branch Banking ...
    Processing of returns of A.Y. 2008-09 - Steps to clear the backlog
    Section 144C of the Income-tax Act, 1961 - Reference to Dispute Resolution Panel - Modification/supersession of orders relating to nomination of membe...
    New functionality in the TDS software for generating multiple certificates for no deduction/collection of tax or deduction/collection of tax at lower ...
    Clarification regarding deduction in respect of contribution to pension scheme under Section 80 CCD - matter reg
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80 - 04-08-2010 Income Tax
Adjustment of Refund order "Payment to Income tax" through Refund Banker - Regarding
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Adjustment of refund orders: Refund Banker now processes departmental payment adjustments electronically to address automated bank clearing.
A new functionality in the Refund Banker module allows transmission of adjustment Refund Orders in favour of the Income Tax Department electronically because banks' automated clearing systems have reduced acceptance of manual departmental cheques; officers must implement and note this change. Handling of FBT refunds payable to Income Tax remains unchanged.
Steps to clear backlog of returns
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TDS claim acceptance expedited: specified return categories receive automatic TDS processing while remaining cases require due verification.
TDS credit for assessment year 2009 10 shall be accepted at the time of return processing for returns in ITR 1 and ITR 2 meeting prescribed low thresholds, and for other return forms meeting the same thresholds plus a ten percent TDS matching requirement; remaining cases require due verification before granting TDS credit.
Instruction regarding issue of certificate of lower collection of tax at source u/s 206C(9) of the Income-tax Act 1961
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Lower tax collection certificates require prior administrative approval; station-based thresholds trigger higher-level sign-off and endorsement.
Prior administrative approval is required for issuance of certificates under section 206C(9) permitting lower collection of tax at source, with Addl. CIT/JCIT approval in each case and CIT(TDS) approval where cumulative tax foregone for a buyer, licensee or lessee in a financial year exceeds specified station-based thresholds; approvals must be endorsed to the jurisdictional CIT. Equivalent powers are delegated to officers in the Directorate of Income Tax (International Taxation). "Tax foregone" ordinarily means the difference between tax at the statutory collection rate and tax at the reduced rate for which the certificate is sought.
Constitution of Dispute Resolution Panel (DRP-II, Mumbai)
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Dispute resolution panel constitution under section 144C names three members and establishes DRP II in Mumbai effective immediately.
Constitution of a Dispute Resolution Panel under section 144C: the Board constitutes DRP II, Mumbai as a three member panel, superseding the earlier order, effective immediately and until further orders. The order names the panel members by office and records approval of the Chairman, CBDT.
40 - 30-06-2010 Income Tax
Clean up of TAN database relating to Central/State Government On analysis of TAN database, it is seen that in substantial number of cases though reg.
Show AI Summary
TAN database cleanup: re categorization and closure measures to secure government TANs and map them to PAOs.
Instruction directs TDS Assessing Officers to identify and re categorize TANs misclassified as Government in the TAN database, using the attached Annexure for the re categorization procedure. The exercise includes mapping active Government TANs to Principal Accounts Officers/Tax Officers for allocation of Account Officer Identification Numbers, and closing TANs for offices that have ceased operations to prevent misuse, with closure steps provided in the Annexure.
39 - 28-06-2010 Income Tax
Enhancement in the functionality of TDS software for generating multiple certificates for no deduction/collection of tax or deduction/collection of tax at lower rates under section 197/206C of the Income-tax Act.
Show AI Summary
No/lower TDS certificates: software updated to allow bulk issuance and a streamlined file utility removing WinSCP.
TDS software is enhanced to permit bulk issuance of certificates for no deduction/collection or lower deduction/collection rates; a file preparation utility enforces the required field structure for creating multiple certificates and removes the need for WinSCP for file transfer, with detailed instructions and screenshots provided and the modification to be notified to all TDS assessing officers.
Tax Credit Statement (in Form 26AS) - missing entries or unmatched entries,
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Tax Credit Statement visibility enables taxpayers to identify and rectify missing or unmatched TDS entries before filing returns.
The circular explains that the Tax Credit Statement (Form 26AS) is compiled in near real time and is the operative source of tax credits used when processing returns. It instructs taxpayers to check Form 26AS for missing or unmatched entries and to contact deductors to correct PAN errors, non filing of TDS returns, or non deposit of TDS so that credits are complete and accurate before filing. The circular also outlines online registration, distribution of password protected statements, publicity measures, and contact points for assistance.
Filing of SLPs and compliance of directions - Hon'ble Supreme Court of India.
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Filing of SLPs: centralised monitoring and strict submission procedures to ensure timely appeals and compliance with interim directions.
Designate an officer to monitor court pronouncements, alert officers and Standing Counsel to obtain certified copies and views, assemble complete dockets for paper-book preparation, and clearly state reasons and draft the substantial question(s) of law. Send proposals with a hard copy and an MS Word electronic copy to DGIT (L&R) observing prescribed margins within the prescribed post pronouncement period.
Explanatory notes to the provisions of the Finance (No. 2) Act, 2009
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Tax rate structure and compliance reforms: revised rates, TDS rationalisation, LLP tax alignment and new dispute resolution measures.
The Act prescribes revised income tax and TDS/advance tax rates with surcharge and education cess treatments, aligns LLP taxation with partnership law, defines "manufacture", empowers scheduled banks to issue zero coupon bonds, and introduces a 100% capital expenditure investment linked deduction for specified infrastructure businesses with restricted set off and consequential asset valuation changes. It broadens anti abuse rules (e.g., property received without adequate consideration treated as income), rationalizes TDS (including mandatory PAN and computerized processing), clarifies transfer pricing methodology and introduces a Dispute Resolution Panel and procedural modernizations such as DIN and electronic service.
Deduction of tax at source - Instructions for issue of certificate u/s 197 mandatorily through ITD system - Section 197 of the Income-tax Act, 1961
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Mandatory issuance of certificates under section 197 through the ITD system to centralize data and improve TDS processing.
Certificates permitting no deduction or lower deduction of tax at source under Section 197 must be generated and issued by Assessing Officers mandatorily through the ITD system to capture comprehensive deductor/deductee and payment details for reconciliation with TDS returns; if system issuance is not possible immediately, the Assessing Officer must upload the certificate data into the ITD system within seven days of manual issue.
Widening of existing road - definition of a new infrastructure facility - clarification regarding
Show AI Summary
Widening of road qualifies as new infrastructure facility for tax deduction eligibility, while simple relaying does not.
Widening an existing road by constructing additional lanes as part of a highway project is treated as creation of a new infrastructure facility for the purpose of the income tax deduction under Section 80IA(4)(i), whereas simple relaying of an existing road does not qualify as a new infrastructure facility.
79 - 03-05-2010 Income Tax
On line approval of high value refunds AST Instruction No.79
Show AI Summary
On-line approval of high value refunds required; senior tax officers must approve before bankers process refunds.
On-line Refund Approval functionality requires refunds in prescribed slabs to receive electronic prior approval from Addl. CIT or CIT before disbursement; the Refund Banker will not pick up a refund unless approval is recorded in AST. The system includes a user manual and allows generation of pending-approval lists for CIT and Addl. CIT.
Clarification regarding allowing losses on account of trading in forex derivatives
Show AI Summary
Marked to market losses on forex derivatives are disallowed unless settled losses qualify as non speculative eligible transactions.
Allowability of losses from forex derivatives depends on whether they are notional mark to market adjustments or losses on actual settlement. Notional mark to market losses booked in profit and loss are contingent and should be added back for tax purposes. Losses on actual settlement must be examined to determine whether they are speculative; transactions fulfilling the conditions of an eligible exchange traded derivative are not speculative. Assessing Officers should examine accounts, seek breakups of aggregated loss heads, and adjust taxable income as appropriate.
Periodicity of meetings of Committees of Write off of irrecoverable demands and raising of monetary ceiling - Modification of Instruction No. 16/2003, dated, 18-11-2003
Show AI Summary
Write-off of irrecoverable demands: quarterly committee review, raised approval ceiling, and departmental write-off without waiving recovery rights.
Committees for recommending write off of income tax arrears must meet at least once a quarter to review cases ripe for write off, cases under processing and referrals to the Directorate; meetings convened by the senior-most officer must be held by the 15th of the last month of the quarter with reports to reach the higher authorities by the 30th. The Chief Commissioner's monetary approval ceiling for recommending write offs has been raised, subject to reporting to the next higher authority. A departmental write off does not waive the Government's right to recover the debt within thirty years.
Dispute Resolution Panel (DRP) - duty to exercise the powers and perform the functions in respect of specified cases or classes of cases
Show AI Summary
Dispute Resolution Panel jurisdiction allocated by assessee name initials under section 144C for balanced case distribution.
The Board directs designated DRPs at Delhi and Mumbai to exercise powers under section 144C for eligible assessees, allocating cases by specified territorial groupings and by the alphabetical range of assessee name initials so that each DRP unit (DRP-I or DRP-II) handles only cases falling within its combined territorial and name-initial criteria to ensure balanced workload and efficient functioning of the dispute resolution mechanism.
03 - 02-03-2010 Income Tax
Tax deduction at source on payment of interest on time deposits under section 194A of the Income-tax Act, 1961 by banks following Core-Branch Banking Solutions (CBS) software—Reg.
Show AI Summary
Tax deduction at source: banks need not withhold on CBS provisioning; withhold when interest is credited, accrued, or paid.
Banks using CBS that sweep interest into provisioning or suspense accounts for macro-monitoring only do not thereby effect constructive credit to depositors; therefore TDS need not be deducted on such daily/monthly provisioning. TDS is required when interest is actually accrued or credited to the depositor-at financial year end, at periodic intervals per bank practice or depositor request, on maturity, or on encashment-whichever occurs earlier, and when aggregate interest exceeds the statutory thresholds for withholding.
Processing of returns of A.Y. 2008-09 - Steps to clear the backlog
Show AI Summary
TDS claim acceptance clarified for specified return categories; matching reduces verification requirements during return processing.
Instruction prescribes acceptance of TDS claims at processing for ITR 1 and ITR 2 where aggregate TDS claimed does not exceed Rs. four lakh and refund does not exceed Rs. 25,000; for other ITR forms acceptance is allowed under the same monetary limits only if there is at least 70% matching of the TDS claimed. All other cases require TDS credit to be given after due verification.
Section 144C of the Income-tax Act, 1961 - Reference to Dispute Resolution Panel - Modification/supersession of orders relating to nomination of members to the Dispute Resolution Panel
Show AI Summary
Dispute Resolution Panel constitution under Section 144C establishes three-member tax panels at specified locations effective immediately.
The Board, exercising powers under Section 144C of the Income-tax Act, constitutes Dispute Resolution Panels of three Commissioners/Directors at specified places, nominates individual members for each panel, modifies earlier orders and supersedes a prior notification, and declares the panels effective immediately and until further orders, with approval of the Chairman.
38 - 15-02-2010 Income Tax
New functionality in the TDS software for generating multiple certificates for no deduction/collection of tax or deduction/collection of tax at lower rates under section 197/206C of the Income-tax Act.
Show AI Summary
Certificates for no/low TDS/TCS: new bulk-generation tools permit Excel upload or screen replication for rapid issuance.
TDS software now permits Assessing Officers to issue multiple certificates for no/low tax deduction or collection under section 197/206C via two facilities: an Excel-based upload utility that validates bulk spreadsheet data and generates printable certificates (requiring Winscp installation via IBM support), and a screen-based replication option that copies an entered record for rapid editing and issuance.
Clarification regarding deduction in respect of contribution to pension scheme under Section 80 CCD - matter reg
Show AI Summary
Pension contribution deduction limited by employee and employer contribution rules and aggregate cap with other sections.
Deduction under Section 80 CCD permits employees to claim ten per cent of salary and others ten per cent of gross total income for contributions to a notified pension scheme; employer or Central Government contributions are deductible to the extent they do not exceed ten per cent of salary. Salary includes dearness allowance if provided by terms of employment but excludes other allowances and perquisites. The aggregate deduction with sections 80C and 80CCC is capped at one lakh rupees.

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