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    1/88 - 21-03-1988 Central Excise
    Central Excise - Chapter 24 - Question of classification of Tobacco Powder - Regarding
    9/88 - 18-03-1988 Central Excise
    Classification of Chiller trays, freezer doors, evaporator door, outer/inner butter box, base plates for handle, ice tray grill & grill of plastic man...
    Scope of relief u/s 273A.
    22/88 - 15-03-1988 Central Excise
    Visits to Small scale units - Instructions regarding
    21/88 - 11-03-1988 Central Excise
    Return of defective goods for reprocessing, remanufacture etc.
    8/88 - 10-03-1988 Central Excise
    Classification of Reel Core - Regarding
    Central Excise - Assessable value - Determination of - When additional consideration is received by the manufacturer - CEGAT decision no. 440/87-B.1 -...
    7/88 - 07-03-1988 Central Excise
    Classification on Solenoid Assembly under T.I. 68 of old Central Excise Tariff during the period prior to 28-2-1986 - Doubts regarding
    Solenoid assembly - Classification of
    C.E. - Sending out packing material to job workers for conversion under Rules 57F(2) - Admissibility of Modvat thereon - Clarification regarding
    14/88 - 02-03-1988 Central Excise
    Rule 56-B - Instructions regarding
    6/88 - 01-03-1988 Central Excise
    Duty on tin cuttings generated during manufacture of metal containers - Clarification regarding
    5/88 - 29-02-1988 Central Excise
    Central Excise - Classification of Chir/Plywood Scantilings timber plywood of assembly used in errection and commission of towers, glass fibres reinfo...
    8/88 - 25-02-1988 Central Excise
    Central Excise - Classification of ghee whether under heading 04.04 or sub-heading 0402.10 of Central Excise Tariff 1985 - Regarding
    Collection of arrear demands.
    Wide publicity of attachment of immoveable property.
    7/88 - 24-02-1988 Central Excise
    Central Excise - Classification of Shrikhand and Peda - Regarding
    13/88 - 24-02-1988 Central Excise
    Refund under Section 11C - Instructions regarding
    Deduction of tax at source under section 194A of the Income-tax Act, 1961-Deduction from interest income other than income chargeable under the head "...
    Deduction of tax at source under section 194 of the Income-tax Act, 1961-Deduction from dividend income-Rate of tax applicable during the financial y...
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1/88 - 21-03-1988 Central Excise
Central Excise - Chapter 24 - Question of classification of Tobacco Powder - Regarding
Show AI Summary
Tobacco powder classification: powdered tobacco treated as a manufactured tobacco product for tariff and assessment purposes.
The administrative determination treats intentional powdering of tobacco leaves as a process of manufacture; therefore tobacco powder produced by crushing unmanufactured leaves is classifiable as a manufactured tobacco product under the Central Excise Tariff, and pending assessments should be decided accordingly.
9/88 - 18-03-1988 Central Excise
Classification of Chiller trays, freezer doors, evaporator door, outer/inner butter box, base plates for handle, ice tray grill & grill of plastic manufactured from plastic and used in Refrigerators & Airconditioners
Show AI Summary
Classification of refrigerator components: specified plastic components treated as parts; freestanding butter boxes classified as plastic articles.
Applying HSN explanatory principles, plastic fittings that are fabricated as integral components of a domestic refrigerator cabinet or its refrigerating unit (such as chiller trays, freezer and evaporator doors, base plates for handles, ice tray grills and similar grills) are to be classified as parts of the refrigerator; butter boxes that are usable independently and not solely designed for refrigerators are to be classified as articles of plastic. Earlier departmental guidance on the matter is revised.
Scope of relief u/s 273A.
Show AI Summary
Successive relief under section 273A permitted where no prior relief under subsection (1) was availed, per legal advice.
The prohibition on successive relief applies only where the taxpayer has already availed the benefit under the primary relief provision; if no such primary relief was granted, the bar does not prevent granting successive relief under the alternative provision, which may be applied independently.
22/88 - 15-03-1988 Central Excise
Visits to Small scale units - Instructions regarding
Show AI Summary
Visits to small scale units: existing Board instructions remain in force; implementation issues to be reported for review.
The Board has examined the prior instructions on visits to small scale factories and decided that, since they have not obstructed effective administration of Central Excise law, those instructions shall continue to be followed by the field formations. Specific cases presenting implementation difficulties may be brought to the Board's notice for review after one year.
21/88 - 11-03-1988 Central Excise
Return of defective goods for reprocessing, remanufacture etc.
Show AI Summary
Refund of duty for returned goods retained to allow reprocessing and avoid waste, rule deletion rejected.
The Board declined to delete Rule 173L, which provides for refund of excise duty where duty-paid goods are returned to the factory for reprocessing, remanufacture or repair. The Board found the rule prevents destruction or abandonment of defective or damaged goods and serves a trade-facilitating, resource-conserving purpose, and therefore retained the refund mechanism under the existing framework.
8/88 - 10-03-1988 Central Excise
Classification of Reel Core - Regarding
Show AI Summary
Classification of reel core as support material under excise tariff, analogous to paper tubes and cones.
Reel cores, strengthened paper tubes forming the central support for paper rolls, perform the same support function as paper tubes and cones. On analogy with Board instructions classifying paper tubes and cones under sub-heading 4818.19 of the Central Excise Tariff, reel cores are likewise classifiable under that tariff sub-heading as support materials for goods wound or wrapped.
9/88-CX.1 - 08-03-1988 Central Excise
Central Excise - Assessable value - Determination of - When additional consideration is received by the manufacturer - CEGAT decision no. 440/87-B.1 - Regarding
Show AI Summary
Additional consideration in assessable value: duty payable on declared value plus any extra payments, per tribunal and board.
When a manufacturer receives additional payments not included in the declared price, those sums are additions to the transaction value and must be included in the assessable value for central excise. The tribunal's ratio that duty is payable on the declared assessable value plus such additional money has been accepted by the Board, which directs field formations to issue show cause notices where necessary.
7/88 - 07-03-1988 Central Excise
Classification on Solenoid Assembly under T.I. 68 of old Central Excise Tariff during the period prior to 28-2-1986 - Doubts regarding
Show AI Summary
Classification of Solenoid Assembly as switch under T.I. 68 reaffirmed; pending assessments to be finalised accordingly.
Solenoid Assembly is to be treated as a switching device and classified under T.I. 68 of the old Central Excise Tariff for the period prior to 28-2-1986, in accordance with Board Tariff Advice No. 52/79, because the 1979 restructuring of T.I. 34 (restructured T.I. 34A) did not specify Solenoid Assembly as a motor vehicle part; pending assessments should be finalised on this basis and trade advised.
Solenoid assembly - Classification of
Show AI Summary
Tariff classification of solenoid assembly: treated as goods not elsewhere specified rather than motor vehicle parts.
The Department addressed whether a solenoid assembly fell under Tariff Item 34A as a motor-vehicle part or under Tariff Item 68; it directed that, for the period prior to 28-2-1986, the solenoid assembly is classifiable under erstwhile Tariff Item 68 as goods not elsewhere specified.
C.E. - Sending out packing material to job workers for conversion under Rules 57F(2) - Admissibility of Modvat thereon - Clarification regarding
Show AI Summary
Modvat credit limited to ready-to-use packing material; credit not available on raw materials used to make packaging.
The Board clarified that Modvat credit on packaging is permissible only when the packing material is brought into the manufacturer's premises in a ready to use condition; Modvat credit is not admissible on raw materials brought in and sent to job workers for conversion into packing material. Manufacturers availing such credit on raw materials must stop the practice and recovery action should be taken for wrong availment; field formations are to be informed.
14/88 - 02-03-1988 Central Excise
Rule 56-B - Instructions regarding
Show AI Summary
Rule 56B permissions for outside processing require review, withdrawal if erroneous, and exclusive collector authority.
Retention of Rule 56B is confirmed, permitting removal of semi-finished goods for specified outside processing provided the sub-heading remains unchanged. Collectors must review all permissions, withdraw those erroneously granted, fix responsibility of officers, and exercise exclusive authority to grant Rule 56B permissions; prior delegation entries are to be deleted. An illustrative list of allegedly erroneous permissions is appended to guide enforcement.
6/88 - 01-03-1988 Central Excise
Duty on tin cuttings generated during manufacture of metal containers - Clarification regarding
Show AI Summary
Classification of tin plate cuttings: treated as waste and scrap when only fit for metal recovery, altering prior guidance.
Cuttings and trimmings of tin plates/sheets that are fit only for the recovery of metal or for use in the manufacture of chemicals (and not slag, ash or residues) are to be classifiable as waste and scrap of iron or steel under the Chapter 72 tariff provisions; prior Board instructions are modified to the extent that non-reusable trimmings should be treated as waste and scrap rather than as cuttings of tin plates.
5/88 - 29-02-1988 Central Excise
Central Excise - Classification of Chir/Plywood Scantilings timber plywood of assembly used in errection and commission of towers, glass fibres reinforced plastic goods and cooling towers - Regarding
Show AI Summary
Classification of cooling towers as non refrigerating machinery means duty at a specified ad valorem rate under tariff.
Chir/plywood scantlings and timber/plywood assemblies for erection of cooling towers are classifiable as sawn or chipped wood under Heading 44.03; glass fibre reinforced plastic grids used in towers are classifiable as builders' ware of plastics under Heading 39.25; cooling towers, which cool process water by contact with atmospheric air rather than by refrigeration or air conditioning processes, fall under Heading 84.19 as products other than refrigerating or air conditioning machinery and attract the applicable ad valorem duty.
8/88 - 25-02-1988 Central Excise
Central Excise - Classification of ghee whether under heading 04.04 or sub-heading 0402.10 of Central Excise Tariff 1985 - Regarding
Show AI Summary
Classification of ghee as other dairy produce under central excise tariff, not as butter, changing its excise classification.
Ghee is classifiable as other dairy produce under heading 04.04 of the Central Excise Tariff rather than under the butter heading. The Ministry relied on the distinct wording of the Central Excise Tariff compared with the HSN, the absence of any Tariff note equating ghee with butter, and the established trade distinction between ghee and butter to conclude that ghee falls within the residuary "other dairy produce" entry.
Collection of arrear demands.
Show AI Summary
Collection of arrear demands: instruction mandates supervisory accountability and procedural measures to ensure timely reconciliation and recovery.
Instruction addresses neglect in the collection of arrear demands by identifying operational failures-absence of demand certification and reconciliation, unprocessed rectification and stay petitions, lack of follow-up on show-cause notices, incomplete application of appeal effects, failure to pursue collection after demands crystallise, missed seizure adjustments, and inaction on write-offs-and directs senior officials to ensure inspections comment on these items, increase supervisory involvement, coordinate ITOs and Tax Recovery Officers, and take steps to expedite recovery.
Wide publicity of attachment of immoveable property.
Show AI Summary
Publicity of attachment: require newspaper advertisements naming defaulter and clearly identifying attached property to warn third parties.
Upon an order of attachment under the Second Schedule, the Tax Recovery Officer must issue advertisements in English and local language newspapers stating the defaulter's name and specific, identifying details of the immovable property to enable clear identification; for existing attachments a similar list of particulars must be prepared and published.
7/88 - 24-02-1988 Central Excise
Central Excise - Classification of Shrikhand and Peda - Regarding
Show AI Summary
Product classification: Shrikhand and peda treated as other dairy products under tariff, not as cereal preparations.
Shrikhand and peda are classifiable as other dairy products because they are made wholly from milk constituents (muska or khoa) with only sugar and flavouring added; absence of flour excludes them from cereal preparations. Note 4 to Chapter 4 treating products consisting of natural milk constituents (with or without added sugar or flavouring) supports their classification under the tariff heading for other dairy products rather than headings limited to milk, cream, butter or cheese.
13/88 - 24-02-1988 Central Excise
Refund under Section 11C - Instructions regarding
Show AI Summary
Refund under Section 11C: refunds not admissible where duty has been paid, per government instruction.
Whether assessees who paid duty are entitled to refund where a notification under Section 11C directed non-collection of duty is the central issue. The Law Ministry advised that once duty has been paid refund is not admissible, and the Board accepted that legal advice. Pending cases asserting refund in comparable circumstances are to be disposed of accordingly.
Deduction of tax at source under section 194A of the Income-tax Act, 1961-Deduction from interest income other than income chargeable under the head "Interest on securities"-Rate of tax applicable during the financial year 1987-88-Levy of surcharge on income-tax-Regarding
Show AI Summary
Tax deduction at source on interest: surcharge addition increases withholding tax obligation for payers under amended finance provisions.
Rates for deduction of tax at source on interest (other than interest on securities) are in Part II of the First Schedule to the Finance Act, 1987 and deductions are subject to statutory exemptions. The Finance (Amendment) Act, 1987 immediately amended the Schedule to require that income-tax computed under those rates be increased by a surcharge of five percent of such income-tax, with the surcharge effective 16-12-1987; taxpayers and withholding agents are to be informed and may seek assistance from Income-tax Officers or Local Public Relations Officers.
Deduction of tax at source under section 194 of the Income-tax Act, 1961-Deduction from dividend income-Rate of tax applicable during the financial year 1987-88-Levy of surcharge on income-tax-Regarding
Show AI Summary
Tax deduction at source on dividends: mandatory withholding from dividend payments, with surcharge increasing tax liability.
Section 194 mandates tax deduction at source from dividends by principal officers before payment or issuance of cheques or warrants, with an exemption for resident individuals in companies substantially owned by the public where dividends are paid by account payee cheque and aggregate distributions do not exceed a small-amount threshold. An amendment to the Finance Act First Schedule imposes a surcharge on income-tax, increasing tax computed under the Finance Act rates, effective 16 December 1987, and this surcharge is to be included in computing TDS on dividends.

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