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    Guidelines for sale of 25% of the production in the Domestic Tariff Area under Open General Licence by the units approved under 100% Export Oriented U...
    Central Excise - Computation of aggregate value of clearances under Notification No. 175/86/C.E.vis-a-vis value of clearances under Chapter X procedur...
    Central Excise - Classification of Alpha -Beta-Dichloro Ethyl Acetate - Doubts regarding
    Finance (Amendment) Act--Refund of surcharge to non-residents--Refund of surcharge on income-tax paid by non-residents in accordance with the Finance ...
    Central Excise - Woollen fabrics woven from shoddy yarn - Classification regarding
    Central Excise MMSF - Classification and assessment of polyester Staple Fibre and Tow - Stage regarding
    14/88 - 26-05-1988 Central Excise
    Central Excise - Duty liability on component parts/sub-assemblies used in the manufacture of diesel operated Internal Combustion Engines under Notific...
    Central Excise - Classification of H.D.P.E. Blocks of regular geometric shape manufactured from duty paid H.D.P.E. Powder - Question regarding
    Interest on warehoused goods under Section 61(2) of the Customs Act
    Validity of AIT Carnets de Passages
    Handling of seized documents/records - Instruction regarding
    Abolition of L-2 (Tobacco) licence - Recommendation No. 1.16 of Group V of Collectors Conference held in November, 1987 - Regarding
    Admissibility of Modvat credit on oxygen and acetylene gas used in oxy-acetylene flame/torch - Clarification regarding
    Financial year as the uniform accounting year under the Income-tax Act, 1961 ‑ Grant of extension of time for holding annual general meetings un...
    18/88 - 20-05-1988 Central Excise
    Cess on crude oil - Procedure for payment
    Section 5 of Expenditure Act, 1987-Clarification regarding collection of expenditure-tax by hotels under the Expenditure-tax Act, 1987
    13/88 - 18-05-1988 Central Excise
    Central excise duty exemption granted to forgings and forged products of parts and accessories of cycles and cycle rickshaws - Regarding
    Applicability of correct rate of duty on inputs permitted to be cleared to DTA from KAFTZ which are originally brought into the zone after availing th...
    Classification of Railway Brake Block under heading 6806.10 or 6806.90 or 8607.00 regarding
    Import of V/W No. 401-2-6836 (1969) by Mr. Jabbar through Hussainiwala check post on 9-7-1969 under Carnet No. 639658
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Circulars
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Guidelines for sale of 25% of the production in the Domestic Tariff Area under Open General Licence by the units approved under 100% Export Oriented Unit Scheme and Units approved in the Export Processing Zones/Free Trade Zones
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Domestic sale entitlement for export oriented units governed by indigenous content, licence conditions, and certified authorisation.
Approved 100% Export Oriented Units and Export Processing/Free Trade Zone units may sell a limited portion of production into the Domestic Tariff Area under specified Open General Licences, subject to customs duties, exclusion of specified items, measurement by ex factory value excluding approved rejects, and entitlement determined by the value of indigenous constituents; applications require certified production and cost statements, endorsement by Customs/Central Excise, and authorisation by the Export or Development Commissioner permitting removal to the DTA.
21/88-CX.1 - 30-05-1988 Central Excise
Central Excise - Computation of aggregate value of clearances under Notification No. 175/86/C.E.vis-a-vis value of clearances under Chapter X procedure - Clarifications regarding
Show AI Summary
Exclusion of exempt clearances clarified: clearances exempted under other notifications must be ignored when computing aggregate value.
The Government clarifies that, for computing the aggregate value of clearances under Notification No. 175/86, clearances of excisable goods exempted from the whole of duty by any other notification issued under the Central Excise Rules shall not be taken into account; the prior Board clarification to the contrary is withdrawn and trade is to be informed.
11/88-CX.3 - 30-05-1988 Central Excise
Central Excise - Classification of Alpha -Beta-Dichloro Ethyl Acetate - Doubts regarding
Show AI Summary
Tariff classification: Alpha Beta Dichloro Ethyl Acetate deemed classifiable as a saturated chloro derivative under excise tariff.
Alpha Beta Dichloro Ethyl Acetate, an intermediate in sulphonamide manufacture, is a saturated chloro derivative of the acyclic monocarboxylic class and is classifiable for excise under sub heading No. 2915.10 of the Schedule to the Central Excise Tariff Act, 1985, pursuant to the Deputy Chief Chemist's technical opinion.
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.
20/88-CX.1 - 26-05-1988 Central Excise
Central Excise - Woollen fabrics woven from shoddy yarn - Classification regarding
Show AI Summary
Predominant-fibre rule governs classification of shoddy woollen textiles, based on raw materials and administrative verification.
Classification of woollen products from shoddy must be determined from raw materials and production processes because chemical testing cannot reliably separate shoddy percentage; apply the principles of Note 2(A) and Note 2(B)(ii) of Section XI, treating mixed-fibre textiles as composed of the single material that predominates by weight and selecting the heading by first determining the Chapter and then the applicable heading. Collectors may require subsidiary records and periodic inspections to ensure eligibility for concessional treatment.
Central Excise MMSF - Classification and assessment of polyester Staple Fibre and Tow - Stage regarding
Show AI Summary
Classification of polyester tow and staple fibre: duty payable at tow stage unless exempted, separate clearances require prior duty.
The circular clarifies that polyester tow and staple fibre are separately included in the tariff and recognised as distinct commodities; tow produced and cleared separately is chargeable to excise duty at the tow stage, and tow used as an intermediate in continuous manufacture must be treated as liable to duty before consumption unless specifically exempted.
14/88 - 26-05-1988 Central Excise
Central Excise - Duty liability on component parts/sub-assemblies used in the manufacture of diesel operated Internal Combustion Engines under Notification No. 217/85-C.E., dated 8-10-1985 as amended Notification No. 217/85-C.E.
Show AI Summary
Excise exemption for component parts extends to parts used in sub-assembly manufacture, subject to qualifying conditions.
Component parts intended for use in manufacture of diesel operated internal combustion engines are exempt under Notification 217/85-C.E., and this exemption extends to parts and sub assemblies used in the manufacture of those component parts, subject to observance of the other statutory and notification conditions.
10/88-CX.3 - 25-05-1988 Central Excise
Central Excise - Classification of H.D.P.E. Blocks of regular geometric shape manufactured from duty paid H.D.P.E. Powder - Question regarding
Show AI Summary
Classification of HDPE blocks as materials in primary form permits excise levy at the block stage rather than as finished articles.
H.D.P.E. blocks of regular geometric shape, produced by compression moulding of duty-paid H.D.P.E. powder and requiring surface working before use as finished components, are to be treated as materials in a primary form and classified under the tariff entry for block/lump forms derived from the CCCN, permitting excise duty to be levied at the block stage rather than as finished articles.
Interest on warehoused goods under Section 61(2) of the Customs Act
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Interest on warehoused goods: short grace for waiver when non-clearance arises from reasons beyond bonder's control, subject to verification.
The Board will consider waiving interest on warehoused goods for a brief post-payment period where non-clearance is due to circumstances beyond the bonder's control, provided cases are forwarded after verification of the genuineness of the reasons for not removing the goods following payment of duty.
Validity of AIT Carnets de Passages
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AIT Carnet validity requirements: customs must accept only carnets with specified watermark, relief stamp and approved serial series.
Every AIT Carnet must bear an AIT logo watermark on all volets (pages) and a round relief stamp on the cover reading "ALLIANCE INTERNATIONAL" with "DE TOURISME A.I.T." in the centre; customs are to accept only carnets displaying these markings and authorised serial-letter series.
42/88-CX.6 - 24-05-1988 Central Excise
Handling of seized documents/records - Instruction regarding
Show AI Summary
Handling of seized documents requires segregation of relied records and return of non relied records after show cause notice.
Immediate segregation of seized documents is required into those relied upon for framing charges and those not relied upon; retained documents intended for proceedings must be preserved, while documents not relied upon should be returned to the party against proper receipt once a show cause notice is issued, to reduce time taken for inspection.
41/88-CX.6 - 24-05-1988 Central Excise
Abolition of L-2 (Tobacco) licence - Recommendation No. 1.16 of Group V of Collectors Conference held in November, 1987 - Regarding
Show AI Summary
Abolition of tobacco licence removes prior licensing requirement for purchase, storage and manufacture of unmanufactured tobacco.
The requirement to obtain an L-2 licence for purchase, storage or use of unmanufactured tobacco for trade or for manufacture of tobacco products has been removed. The Board rescinded the earlier notification, and Notification No. 41/79 has been rescinded by Notification No. 10/88, effective the date specified, so that no person is now required to take an L-2 (tobacco) licence; trade interests are to be informed.
Admissibility of Modvat credit on oxygen and acetylene gas used in oxy-acetylene flame/torch - Clarification regarding
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Modvat credit inadmissibility for oxygen and acetylene used in cutting and welding; existing credits to be stopped and recovered.
Modvat credit on oxygen and acetylene used exclusively as consumables in oxy acetylene torches for cutting runners and risers and for welding is not admissible because these gases are not used in or in relation to the manufacture of the finished product. Practices allowing such credit must be stopped and remedial action to recover already allowed credits should be taken.
Financial year as the uniform accounting year under the Income-tax Act, 1961 ‑ Grant of extension of time for holding annual general meetings under section 166(1) and permission to extend financial year under section 210(4), proviso, Companies Act, 1956
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Uniform accounting year requirement permits liberal extensions for annual general meetings and financial year changes to ensure tax compliance.
A uniform accounting year is being introduced under the Income tax Act amendment, requiring alignment of companies' accounting year end for statement of affairs; authorities are advised to grant extensions for annual general meetings under the second proviso to section 166(1) and permission to extend financial years under the proviso to section 210(4) of the Companies Act, 1956, liberally and only to the extent permissible, to enable compliance with the tax amendment.
18/88 - 20-05-1988 Central Excise
Cess on crude oil - Procedure for payment
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Cess on crude oil payment procedure requires producers to file monthly returns and remit assessed cess through PLA promptly.
Despatches must be covered by serialised delivery tickets with one certified copy returned by the refinery; producers must debit cess in a separate PLA per refinery upon receipt of test-verified net quantities. Within twenty days after month-end producers file a quadruplicate monthly return with PLA entries, receipted treasury challans and delivery tickets. The proper officer finalises assessment after scrutiny and serves a notice for payment within ten days if amounts remain unpaid. Regional offices bear payment obligation where production spans Collectorates, and specified distribution of return copies is required.
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.
13/88 - 18-05-1988 Central Excise
Central excise duty exemption granted to forgings and forged products of parts and accessories of cycles and cycle rickshaws - Regarding
Show AI Summary
Excise duty exemption for cycle forgings clarified: shaped parts qualify for unconditional exemption, others require Chapter X compliance.
Where a forging or forged product of iron or steel has acquired the essential character of a finished cycle or cycle-rickshaw part (by having the approximate shape or outline of the finished article, including blanks), it should be classified as the finished part and be unconditionally exempt from excise duty without Chapter X procedure; items lacking that essential shape or recognisability must follow Chapter X to ensure use in manufacture of exempted parts. Decisions on classification must be taken not below Assistant Collector level.
21/88-CX.8 - 17-05-1988 Central Excise
Applicability of correct rate of duty on inputs permitted to be cleared to DTA from KAFTZ which are originally brought into the zone after availing the benefit of Notification No. 272/79-C.E., dated 18-10-1979 - Instructions regarding
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Duty-free inputs restrictions: FTZ inputs cannot be cleared to the domestic tariff area unless exemption notification permits.
Inputs procured duty-free within a Free Trade Zone for manufacture of export goods must be used for export only and may not be cleared to the Domestic Tariff Area; only capital goods may be cleared to DTA after a prescribed period subject to conditions and duty. Clearance of duty-exempt inputs to DTA absent express notification permission is unlawful and must not be permitted.
Classification of Railway Brake Block under heading 6806.10 or 6806.90 or 8607.00 regarding
Show AI Summary
Classification of railway brake blocks as parts of rolling stock, not unmounted friction material, changing tariff treatment.
Railway brake blocks moulded on steel back plates are mounted brake linings and therefore do not fall within the heading for unmounted friction material; applicable HSN and chapter notes direct classification of mounted brake linings and brake-gear as parts of the machines or vehicles for which they are designed, making such brake blocks classifiable as parts of railway rolling stock under the railway parts tariff heading.
Import of V/W No. 401-2-6836 (1969) by Mr. Jabbar through Hussainiwala check post on 9-7-1969 under Carnet No. 639658
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Customs duty obligation persists despite confiscation; contractual guarantor remains liable to pay unpaid customs duty under the Act.
Import duty is an independent, exigible obligation arising on importation and remains payable notwithstanding confiscation or imposition of penal consequences; a contractual third party liable under an agreement must pay the customs duty as if it had imported the goods, and recovery may be effected where auction proceeds fall short of the leviable duty.

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