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Circulars
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Directions for Streamlining and Timely Processing of GST Refund Applications
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GST refund processing requires first-in-first-out handling, portal-based statutory communications, and weekly reconciled status reporting for administrative oversight.
GST refund applications received through the GST portal must be processed on a first-in-first-out basis. Proper Officers must update refund case status in the zonal Google Sheet under KPI 14, and all refund-related communications must be made through the GSTN Portal using prescribed statutory forms. Nodal officers must compile ward-level data weekly, reconcile consolidated information with GSTN MIS reports, and submit it to the Competent Authority.
Circulation of Circulars on GST Acts/Rules issued by the Govt. of India, Ministry of Finance, Department of Revenue, New Delhi
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Scope of intermediary services clarified as ancillary arrangements requiring third parties, with exclusions and illustrative guidance.
The Odisha Commissionerate adopts CBIC circulars clarifying GST operative points: intermediary services are ancillary arrangements requiring at least three parties and exclude principal suppliers and subcontractors; debit note date governs time bar for ITC on debit notes from the amendment effective date; e invoice QR with IRN suffices instead of physical invoice during movement; export of services condition (v) excludes transactions between establishments of the same person but treats Indian incorporated related companies and foreign companies as separate persons so supplies between them may qualify as export; refunds for tax paid under incorrect heads may be claimed within two years from payment under the correct head; multiple GST classification and rate clarifications and service rate rulings are provided per GST Council recommendations.
Amendment in Para 2.76 of Handbook of Procedures (HBP) of the Foreign Trade Policy (FTP) 2015-20 regarding export of SCOMET items from DTA to SEZ/EOU and outside the country
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Export authorization for SCOMET items: supplies to SEZ/EOU require reporting; authorization needed for physical export abroad.
Supplies of SCOMET items from DTA to SEZ/EOU do not require export authorization but must be reported by the supplier to the Development Commissioner in the prescribed proforma within one week; the Development Commissioner must submit an annual report of such supplies to the SCOMET Section, DGFT, and export authorization is required if SCOMET items are physically exported from SEZ/EOU to another country.
Clarifications regarding applicable GST rates & exemptions on certain services
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GST rate classification clarified: services assigned specific rates and exemptions to ensure uniform implementation nationwide.
Clarification directs that cloud/central kitchen services qualify as restaurant service and attract 5% GST without ITC; ice cream parlours selling pre manufactured ice cream are supplies of goods attracting 18% GST; fully government funded coaching under the scholarships scheme is exempt; satellite launch services to non resident customers meeting export conditions are zero rated; overloading fees at toll plazas treated as tolls; renting/giving on hire to STUs and local authorities is eligible for exemption; grant of mineral exploration/mining rights classified under licensing services and taxable at 18% for 1.7.2017-31.12.2018; amusement park admissions distinguished between 18% and higher rates; job work for alcoholic liquor attracts 18%.
Clarification regarding GST rates & classification (goods) based on the recommendations of the GST Council in its 45th meeting held on 17th September, 2021 at Lucknow
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GST classification and rates clarified for specific goods, setting uniform tax treatment and procedural certificate requirements.
Clarification mandates uniform GST treatment for specific goods: fresh fruits exempt only if supplied unprocessed; dried fruits taxed; seeds not supplied for sowing attract concessional tax while seeds for sowing remain exempt; copra is distinct from coconut and taxed accordingly; pure henna powder/leaves and mehndi paste attract concessional rates; value-added supari and flavored cardamom products attract higher food preparation rates; brewers' residues are classed as residues with concessional rate; all medicaments of the chapter and all laboratory reagents attract their respective concessional rates; original essentiality certificates suffice for inter-state stock transfers of imported concessional goods; UPS and external batteries sold together are taxed separately; renewable projects may use the deemed goods/services valuation for the specified historical period; fibre drums receive a uniform rate going forward, with past lower-rate supplies treated as fully paid.
18/2021 - 29-10-2021 Companies Law
Extension of last date of filing of Cost Audit Report to the Board of Directors under Rule 6(5) of the Companies (Cost Records and Audit) Rules, 2014
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Extension of cost audit report filing deadline under Rule 6(5) - deadline extended and other requirements unchanged.
The circular directs an extension of the last date for furnishing the Cost Audit Report to the Board of Directors under Rule 6(5) of the Companies (Cost Records and Audit) Rules, 2014, substituting the previously specified date with a later date in response to COVID-19 disruptions and stakeholder representations; all other requirements of the earlier circular remain unchanged and the amendment is issued with competent authority approval.
17/2021 - 29-10-2021 Companies Law
Relaxation on levy of additional fees in filing of e-forms AOC-4, AOC-4 (CFS), AOC-4, AOC-4 XBRL AOC-4 Non-XBRL and MGT-7/MGT-7A for the financial year ended on 31.03.2021 under the Companies Act, 2013
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Relaxation on additional filing fees allows annual company e-form filings to be completed with normal fees until specified deadline.
No additional fee shall be levied for filing e-forms AOC-4, AOC-4 (CFS), AOC-4 XBRL, AOC-4 Non-XBRL and MGT-7/MGT-7A in respect of the financial year ended on 31.03.2021 if filed within the announced relief period; only normal fees shall be payable during that period.
Maintenance of current accounts in multiple banks by Stock Brokers
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Multiple bank accounts for client funds: brokers may hold segregated client and settlement accounts across banks subject to exchange limits.
Stock brokers must segregate client, settlement and other exchange-mandated monies into distinct bank accounts and may maintain current accounts in multiple banks to facilitate fund settlement, provided they observe any maximum limits prescribed by exchanges or the regulator and use each account exclusively for its defined purpose.
Investment/ trading in securities by employees and Board members of AMC(s) and Trustees of Mutual Funds
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Insider trading controls: updated clearance, cooling off and disclosure rules govern AMC employees' and trustees' securities transactions.
Regulatory controls require prior written clearance by the Compliance Officer for secondary-market transactions by defined Access Persons, mandate a non-speculation expectation including a 30-calendar-day rule on round-trip trades, prescribe a recorded pre-clearance process, and allow limited sale-only relaxations of the cooling off restriction subject to holding-period, frequency and non-possession of material non-public information conditions; disclosures of transactions, annual holdings and declarations against front running and self dealing are mandatory and Boards must review compliance.
Request for data for determination of Remission of Duties and Taxes on Exported Products (RoDTEP) rates for Advance Authorization (AA)/ Export Oriented Unit (EoU)/ Special Economic Zone (SEZ) exports.
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RoDTEP rates for AA/EoU/SEZ exports: industry must submit certified product wise data on unrefunded tax incidence within three weeks.
The Drawback Division requests product wise data from Export Promotion Councils, Commodity Boards, trade associations and chambers to determine RoDTEP ceiling rates for AA/EoU/SEZ exports for 01.10.2019-31.03.2020. Submissions must list all inputs, quantify input use and indigenous ratios, and detail currently unrefunded central, state and local duties/taxes/levies (including embedded CGST/SGST, electricity duty, fuel and stamp duty) per unit. Data must be certified by the manufacturer and its Chartered Accountant/Cost Accountant, supported by invoices, shipping bills and notifications, limited to units consenting to inspection, and sent to the Drawback Division within three weeks.
Clarifications regarding applicable GST rates & exemptions on certain services
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Cloud kitchens taxed at 5% as restaurant service; ice cream parlors at 18%; several service GST clarifications issued.
Services by cloud kitchens/central kitchens involving cooking and supply of food are covered under restaurant service and attract 5% GST without ITC; ice cream parlors selling pre manufactured ice cream are supplies of goods and attract 18% GST. Government funded coaching under the Scholarships for Students with Disabilities scheme is exempt where total expenditure is borne by the Government. Satellite launch services to foreign customers qualify as export of service and are zero rated where place of supply is outside India.
Clarification in respect of refund of tax specified in section 77(1) of the HGST Act and section 19(1) of the IGST Act
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Refund of wrongfully paid tax: entitlement where supply classification is later corrected, subject to filing within the prescribed limitation period.
The term subsequently held covers taxpayer self reclassification and officer determinations; refund claims require payment under the correct tax head and must be filed within the period prescribed by the amended procedural rule measured from the date of such payment, with transitional relief for payments made before the amendment; refunds are barred where tax was adjusted by issuance of a credit note.
Amendment in Para 2.107 (TRQ under FTA/CECA) of Handbook of Procedure 2015-2020.
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Tariff Rate Quota access under India Mauritius CECPA: online TRQ applications extended and allocation mechanism clarified.
The Public Notice amends the TRQ framework under India-Mauritius CECPA by revising covered tariff lines and TRQ quantities and by prescribing that TRQ imports comply with the revised Annexure III and the applicable Customs notification. Applications must be submitted online via the DGFT portal with a pre purchase agreement from an eligible Mauritian exporter. Allocation will be made equally among eligible applicants; TRQ authorisations will be issued electronically, transmitted to the Customs EDI system and imports permitted only upon electronic debiting in that system.
Guiding Principles for bringing uniformity in Benchmarks of Mutual Fund Schemes
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Benchmarking of mutual fund schemes: two-tier total-return index framework standardizes category and style-specific benchmarks, with AMFI publication and phased applicability.
Mandates a two-tier benchmarking framework for mutual fund schemes: a mandatory first tier comprising a single broad market benchmark per index provider representative of the scheme category, and an optional second tier of bespoke benchmarks reflecting a fund manager's investment style. Requires all benchmarks to be Total Return Indices and prescribes single-benchmark approaches for hybrid, thematic, index funds, ETFs and specified treatment for fund-of-funds. Directs AMFI to publish first-tier benchmarks and debt-scheme benchmarks under the Potential Risk Class Matrix, with phased applicability.
Power delegation to STO under section 61(2) and (3) of Gujarat Goods and Services Tax Act, 2017
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Scrutiny of returns assigns designated officers to communicate accepted explanations and address resulting audit, inspection, search, seizure and adjudication.
Schedule A is revised, effective from 1 July 2017, to allocate proper-officer functions for scrutiny of returns. Assistant Commissioners and State Tax Officers are designated to intimate registered persons when an explanation is accepted. Where scrutiny results in audit or inspection, search and seizure, or adjudication, Joint Commissioners, Deputy Commissioners, Assistant Commissioners and State Tax Officers are designated as proper officers.
Import of crushed and de-oiled GM soya cake - Relaxation in applicability of provision in Para 6 (b) of-General Notes Regarding Import Policy Schedule -I (Imports) of the ITC(HS) 2017, Schedule I(Import Policy)
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Import relaxation for genetically modified soya cake permits controlled imports through specified ports with mandatory GM status declaration and monitoring.
The Central Government relaxed Condition 6(b) of the General Notes on Import Policy to permit controlled import of crushed and de oiled GM soya cake (non living organism) under ITC(HS) codes 23040020 and 23040030 through specified ports only, subject to a time bound last shipment/document date, strict aggregate quantity monitoring, and mandatory Bill of Entry declarations of GM status and product grade; Customs must monitor and report clearances daily and publish permitted daily quantum to aid trade planning.
Reducing compliance burden regarding registration of Authorised Couriers
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Authorised courier registration now has lifetime validity with provisions for deemed invalidity on prolonged inactivity and renewal.
Amendments grant lifetime validity to Authorised Courier registrations, allow voluntary surrender, and specify deemed invalidity for continuous one-year inactivity while enabling Principal Commissioners/Commissioners to renew such registrations; duplicate registrations across Customs Stations are to be rationalised by treating the first registration as the single registration with other locations regularised through the prescribed intimation and bond/security procedures, aided by DG Systems, and revocation communications must be coordinated to other stations and designated nodal officers.
CBDT authorizes the Director General of Income-tax (Systems) for Reporting Financial Information in Form 26AS - Order under section 285BB of the Income-tax Act, 1961
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Annual Information Statement: authorized upload of specified financial data into taxpayers' Form 26AS within prescribed timeframe.
Authorization is given to the Director General of Income tax (Systems) to upload specified categories of financial information held by that office into the Annual Information Statement in Form 26AS on the assessee's electronic filing account within three months from the end of the month in which the information is received, including foreign remittance reports, Annexure II TDS data, other taxpayers' ITR information, interest on income tax refund, Form 61/61A data where PAN is available, off market transaction reports from depositories, and mutual fund reports from registrars and transfer agents; the Director General shall specify procedures, formats and standards for such uploads.
Clarification in respect of refund of tax specified in section 77(1) of the BGST Act and section 19(1) of the IGST Act
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Refund of wrongly paid tax: taxpayers may claim refund after correcting classification and payment under the correct tax head.
Clarification explains that refund for tax wrongfully paid because a supply was misclassified is available whether the taxpayer reclassifies the supply or a tax authority does so, provided the taxpayer pays tax under the correct head. The refund claim must be filed within two years from the date of payment under the correct head, or, for payments made before the notification, within two years from the notification date. Refunds are not available where the tax has been adjusted by issuance of a credit note.
Clarification in respect of certain GST related issues - reg.
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Input tax credit on debit notes follows their issue date, and e-invoices eliminate physical invoice carriage during transit.
Input tax credit on debit notes is determined, from 1 January 2021, by the financial year in which the debit note is issued rather than that of the underlying invoice. For ITC availed on or after that date, the amended rule governs debit notes issued either before or after that date. Where an e-invoice is generated in the prescribed manner, electronic production of the QR code containing the embedded Invoice Reference Number is sufficient instead of a physical tax invoice during movement of goods.

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