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    Remuneration where it exceeds Rs. 4,000/- per month for the purposes of section 10(6)(viia)(A).
    Depreciation, normal depreciation or extra shift depreciation
    Normal depreciation/Extra shift depreciation allowance up to 1969-70/from 1970-71 in the case of seasonal factories/concerns/approved hotels - Item II...
    Amendments at a glance, Rate Structure, Amendment to Income-tax Act, Amendments to Wealth-tax Act, Amendments to Gift-tax Act, Amendments to Compani...
    Instruction to commissioners of income tax for steps to be taken after receipts instructions of modified procedures
    Punishment - lenient view taken by lower courts - instruction to counsels
    Deduction u/s 80E - deduction in respect of payment for securing retirement annuities and refund of annuity deposit
    TDS on remittance of compensation to non resident shareholders
    Credit of tax on the basis of challans not traceable.
    Consumers' Subsidy Funds as deduction u/s.37(1) and , subsidies received by textile mills from Consumers' Subsidy Fund would be revenue receipts
    Instruction regarding adjournments while passing assessment orders.
    Instructions for deduction of tax at source from salary during financial year 1973-74 at the rates specified in Part III of First Schedule to Finance ...
    Instructions for deduction of tax at source from interest on securities during financial year 1973-74 at the rates specified in Part III of First Sche...
    Exemption u/s 80C - deduction allowed from taxable income or combined income - clarification
    TDs from payments to contractors, vide publicity to be given.
    Compliance of statutory requirement for tds u/s 194C
    Income-tax Officer while issuing certificate under section 222 in the case of firm should also mention the names of the partners of the firm.
    Under-charge of sur-tax due to deduction of tax on excess dividends.
    Where the contracts of service of foreign technicians are approved by the Government of India (in the administrative Ministries concerned), it is open...
    Refund, period of limitation of three months, how to compute
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Remuneration where it exceeds Rs. 4,000/- per month for the purposes of section 10(6)(viia)(A).
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Tax exemption threshold for foreign remuneration reduces the salary amount on which income tax is computed.
Computation under section 10(6)(viia)(A) treats remuneration as including salary, allowances and perquisites provided by the employer outside India; the exempt initial slice of remuneration is not includible in total income and must be deducted from total remuneration to determine the amount chargeable under the head "Salaries."
Depreciation, normal depreciation or extra shift depreciation
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Normal depreciation and extra shift allowance clarified under income tax rules; instructions supersede prior guidance and require officer briefings.
Allowance of normal depreciation and extra shift allowance is restated by a Board circular that supersedes prior instructions; Inspecting Assistant Commissioners are directed to convene meetings of Income-tax officers (or the senior-most Income-tax Officer where no inspecting officer exists) to explain and discuss the circular and ensure uniform administrative application of its provisions.
Normal depreciation/Extra shift depreciation allowance up to 1969-70/from 1970-71 in the case of seasonal factories/concerns/approved hotels - Item III(iii)/(iv) of Part I of Appendix I to Income-tax Rules
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Extra shift depreciation allowance defines eligibility, exclusions, and calculation method for double and triple shift operations.
Normal depreciation rules changed from 1970-71: before 1970 non-seasonal factories' depreciation depended on days worked and seasonal factories required working all seasons for full allowance; from 1970-71 normal depreciation is fully admissible if a factory worked at any time in the previous year. Extra shift depreciation is additional to normal depreciation, claimable only on proof of actual double or triple shift working, excludes plant marked "NESA" and certain categories, uses a 180-day (seasonal) or 240-day (non-seasonal) norm (or actual days if greater), and is calculated by specified formulae for double (half normal depreciation proportionate to double-shift days) and triple shifts (full normal depreciation proportionate to triple-shift days).
Amendments at a glance, Rate Structure, Amendment to Income-tax Act, Amendments to Wealth-tax Act, Amendments to Gift-tax Act, Amendments to Companies (Profits) Surtax Act
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Taxation of casual winnings reclassified as taxable income, with new withholding and tightened exemptions affecting trusts and contractors.
The Finance Act, 1972 updates tax rates and withholding regimes, treating winnings from lotteries and similar prizes as taxable income with source deduction under a new provision and imposing withholding on payments to contractors and sub contractors. It withdraws certain industry and cooperative dividend concessions, narrows exemptions for casual receipts, and prescribes conditions for charitable trusts to retain tax exemptions including registration and audit requirements. Wealth tax and gift tax provisions are amended to clarify exemptions, add asset categories, allow holding period concessions on converted exempt assets, increase interest on arrears and refunds, expand treaty powers for information exchange and recovery, and empower rules regulating admission of additional appellate evidence.
Instruction to commissioners of income tax for steps to be taken after receipts instructions of modified procedures
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Implementation of revised procedures: commissioners must hold meetings and ensure regular reviews to secure compliance.
Each Commissioner of Income-tax must meet with Inspecting Assistant Commissioners to plan implementation of new or revised circulars; Inspecting Assistant Commissioners must hold meetings with I.T. Officers and staff, give instructions for proper implementation, and undertake monthly or quarterly reviews (as decided by the Commissioner) to ensure procedures are followed and implementation difficulties are identified and resolved. Circulars will be marked with triple asterisks for identification.
Punishment - lenient view taken by lower courts - instruction to counsels
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Probation of Offenders Act should not be lightly applied where statute prescribes minimum imprisonment; prosecutors urged to rely on principle.
The Board directs prosecution counsels handling cases under Sections 277 and 278 of the Income Tax Act to rely on the Supreme Court's ruling that, while the Probation of Offenders Act applies despite statutory minimum sentences, courts should not lightly grant probation where the statute prescribes a minimum sentence intended to protect the public; prosecution counsel should invoke that guidance and may pursue selective test cases based on enactment-date arguments.
Deduction u/s 80E - deduction in respect of payment for securing retirement annuities and refund of annuity deposit
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Section 80E deduction: refund of annuity deposit not income from personal exertion, affecting deduction eligibility.
Deduction under Section 80E(6)(i) is not allowed where an individual's gross total income includes income under the heads Interest on Securities, Income from House Property, Capital Gains, or Other Sources (insofar as not immediately derived from personal exertion) and the aggregate of such income exceeds ten thousand rupees. The refund of an annuity deposit is not to be treated as income immediately derived from personal exertion for this purpose.
TDS on remittance of compensation to non resident shareholders
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TDS on compensation to non-resident shareholders requires withholding, with taxable portion determinable on application to tax authorities.
TDS must be deducted on compensation remitted to non-resident shareholders as these amounts are capital receipts liable to capital gains tax; withholding is required under Section 195(1). If the payer believes only part is taxable, an application under Section 195(2) may be made to have the Income-tax Officer determine the taxable portion, and tax is then deducted only on that portion. Calculation guidance for cost of acquisition for shares before and after 1 January 1954 is provided, and companies must furnish required information to Income-tax Officers for determination.
Credit of tax on the basis of challans not traceable.
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Tax credit for untraceable challans: certified challan copies and supervisory controls required to secure proper arrear adjustment.
Where challans are untraceable the assessee must provide a duly certified true copy of the challan so payment can be verified from the Daily Collection Register; officers must follow the model circular filing procedure and supervisory staff must exercise administrative control to ensure challans are placed in the proper files for accurate arrear adjustment.
Consumers' Subsidy Funds as deduction u/s.37(1) and , subsidies received by textile mills from Consumers' Subsidy Fund would be revenue receipts
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Business expenditure: contributions to Consumers' Subsidy Funds are deductible and subsidies received are taxable business income.
Contributions by textile mills to Consumers' Subsidy Funds are deductible as business expenditure being laid out wholly and exclusively for business purposes, and subsidies received by the mills from those funds are revenue receipts treated as taxable business income.
Instruction regarding adjournments while passing assessment orders.
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Adjournment restrictions: Assessing officers must limit and carefully grant adjournments when passing assessment orders to prevent delay.
Assessing officers must avoid self initiated or unjustified adjournments and should grant an assessee's request for adjournment only when circumstances pleaded are convincingly genuine and unavoidable; Inspecting Assistant Commissioners must specifically review and note avoidable or unnecessary adjournments to ensure prompt disposal of Category I and II and other revenue yielding assessments.
Instructions for deduction of tax at source from salary during financial year 1973-74 at the rates specified in Part III of First Schedule to Finance Bill, 1973
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Tax Deduction at Source from Salaries: guidance on applicability, allowable deductions, surcharge and compliance requirements.
Instructions for tax deduction at source on salaries for 1973-74 apply rates in Part III of the First Schedule to the Finance Bill, 1973. Tax is deductible only where estimated salary exceeds Rs. 5,000. Allowable deductions include profession tax, standard travelling deductions by vehicle category, and qualifying contributions to life insurance, provident funds and specified accounts subject to percentage rules and a cap (first Rs. 2,000 full; 50% of next Rs. 3,000; 40% of balance; overall limit 30% of estimated salary or Rs. 20,000). Rounding, surcharge with marginal relief, proof requirements and criminal penalties for failure to deduct or pay are specified.
Instructions for deduction of tax at source from interest on securities during financial year 1973-74 at the rates specified in Part III of First Schedule to Finance Bill, 1973
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Tax deduction at source on interest requires prescribed rates, applicable exemptions, certificates, and rounding rules for payers.
Deduct income tax and surcharge at prescribed rates from interest on Government securities from April 1, 1973, distinguishing residents and non residents and domestic and non domestic companies; accept operative exemption or abatement certificates and apply certificate specified rates; do not deduct where exemptions apply for specified Bonds, National Defence Loans, designated National Savings Certificates, small holding resident individuals who declare low income and nominal holdings, and exempt Central corporations; round tax fractions to nearest rupee and consult Income tax Officer in doubt.
Exemption u/s 80C - deduction allowed from taxable income or combined income - clarification
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Deduction under Section 80C limited to payments made from income chargeable to tax; mixed-account payments conditional.
Deduction under Section 80C is confined to payments made out of income chargeable to tax; payments that cannot be correlated to taxable income in the relevant year are not eligible. Contributions from mixed accounts are allowable only to the extent taxable income exceeds the payment, whereas payments from exclusively non-taxable sources, Provident Fund withdrawals, or loans are inadmissible.
TDs from payments to contractors, vide publicity to be given.
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Tax Deduction at Source on contractor payments requires publicity and departmental compliance to secure uniform withholding.
The Board directs extensive publicity of the withholding obligation under Section 194C due to observed failures to deduct tax at source on payments to contractors, and requires that Government Departments be specifically notified and engaged to ensure uniform implementation, with acknowledgement of receipt.
Compliance of statutory requirement for tds u/s 194C
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Tax Deduction at Source compliance required for contractor payments; assessing officer must enforce collection and penal action.
Tax Deduction at Source obligations under section 194C and Rule 37(2C) require the assessing ITO to ensure collection, enforce statutory deduction requirements and take penal action for defaults. Branches may use challans from local ITOs for payment to Government accounts provided the challans clearly indicate the payer's PAN and the designation of the assessing ITO to enable correct credit and reconciliation. Any conflicting instructions from Commissioners must be withdrawn or modified and intimated to the Board.
Income-tax Officer while issuing certificate under section 222 in the case of firm should also mention the names of the partners of the firm.
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Certificate under section 222 must identify partners so recovery proceedings can validly proceed against firm members.
Certificates issued under section 222 naming only the firm, and not the individual partner, do not permit recovery proceedings against that partner because the term "defaulter" is limited to the assessee named in the certificate; the Income-tax Officer may amend an issued certificate to include a partner's name, and the Board directs officers to include partner names in certificates for firms to enable Tax Recovery Officers to proceed.
Under-charge of sur-tax due to deduction of tax on excess dividends.
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Deductibility of income tax on excess dividends not allowable for company surtax, prompting review of completed assessments.
Deduction of income-tax on distribution of excess dividends is not allowable when computing chargeable profits for the Companies (Profits) surtax; Revenue Audit identified under-charges where this exclusion under Rule 2(i)(b) was not applied, and officers are directed to review completed assessments and report, ensuring corrective action is not time barred.
Where the contracts of service of foreign technicians are approved by the Government of India (in the administrative Ministries concerned), it is open to the I.T.O. to go into certain questions.
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Technician status: administrative approval generally binds tax officers unless definite contrary information prompts referral to the Board.
Income-tax Officers should accept administrative Ministries' approvals that a foreign employee qualifies as a technician-both as possessing specialised knowledge and as being employed in a qualifying capacity-unless they possess definite information showing the application facts were incorrect or that the person was employed in a non-qualifying capacity from the outset or for part of the claimed exemption period; where such definite information exists, the officer must refer the matter to the Board for decision in consultation with the administrative Ministry.
Refund, period of limitation of three months, how to compute
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Interest on delayed refunds accrues from the appellate order unless refund depends on subsequent officer decision triggering a new start.
Where an appellate order directly fixes a refundable sum or mandates recomputation, the refund is deemed due as a consequence of that order and interest time runs from the end of the month in which it is passed. If the appellate order requires further enquiries or a decision by the Income-tax Officer before a refund arises, the refund is not due from the appellate order; the period for interest begins when the officer reaches the requisite conclusion.

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