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    Deduction of income-tax at source-Section 194D of the Income-tax Act, 1961-Deduction from insurance commission, etc.-Rate of tax applicable during the...
    Deduction of tax at source under sections 194B and 194BB of the Income-tax Act, 1961-Deduction from winnings from lottery or crossword puzzles or hous...
    Deduction of tax at source under section 193 read with section 197(1)/(2) of the Income-tax Act, 1961-Interest on Government Securities-Levy of surcha...
    Scope of audit in respect of Estate Duty assessments completed under Summary Assessment Scheme - Clarification regarding.
    Holding of meetings between Chief Comm./Comm and tax consultants.
    Central Excise - Identification of commodities generally sold through depots for fixing specific rates of duties thereon - Regarding
    Payments made to contractors and sub-contractors-Deduction of tax at source under section 194C of the Income-tax Act, 1961, on income comprised therei...
    Endorsement of certificates issued by M.M.T.C./S.T.C. to buyers etc. for purposes of duty paying documents - Instructions regarding
    6/88 - 18-02-1988 Central Excise
    Classification of Potato Wafers - Instructions regarding
    Classification of grey bolting cloth - Instructions regarding
    4/88 - 16-02-1988 Central Excise
    Central Excise - Classification of Gulab Jamun whether under Chapter 4, 19 or 21 of Central Excise Tariff - Regarding
    Bare copper wires of thickness 2 mm or more which arise in the course of conversion of copper wire rods into winding wires within the same factory of ...
    Central Excise - Valuation - Inclusion of Inspection charges in assessable value - Instructions regarding
    Availability of Modvat Credit in respect of various items used in the Cement Industry - Representation from Cement Manufacturers Association
    88-CX.3 - 15-02-1988 Central Excise
    Modvat Credit - Clarification regarding
    4/88 - 15-02-1988 Central Excise
    Classification of silver powder and silver alloy powder
    Basis for determination of director’s remuneration ‑ Remuneration for professional services.
    12/88 - 12-02-1988 Central Excise
    Conference of Collectors in Nov. 1987 - Certain recommendations relating to public relations and grievances redress - Regarding
    Recommendations of working group on transfer of shares ‑ Acceptance by Government - Follow up for their implementation
    Benzene, Toluene, Benzol, Toluol etc. obtained in terms of Notification No. 75/84-C.E., dated 1-3-1984 for manufacture of solvents, diluents, thinners...
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Circulars
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Deduction of income-tax at source-Section 194D of the Income-tax Act, 1961-Deduction from insurance commission, etc.-Rate of tax applicable during the financial year 1987-88-Levy of surcharge on income-tax-Regarding
Show AI Summary
Deduction of income-tax at source under section 194D now attracts an additional surcharge, increasing withholding obligations.
Deduction of income-tax at source under Section 194D on insurance commission for 1987-88 must use the rates notified earlier, but the income-tax so computed shall be increased by a surcharge for Union purposes at the rate prescribed by the Finance (Amendment) Act, 1987, the levy of which is effective from 16 December 1987; insurers are directed to apply withholding inclusive of this surcharge and to notify all concerned, seeking departmental assistance if required.
Deduction of tax at source under sections 194B and 194BB of the Income-tax Act, 1961-Deduction from winnings from lottery or crossword puzzles or house races-Rates of tax applicable during the financial year 1987-88-Levy of surcharge-Regarding
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Tax deduction at source on prize winnings: statutory surcharge added to applicable tax rates for the relevant financial year.
Deduction of tax at source is required on winnings from lotteries, crossword puzzles and horse races, and the income-tax computed under the applicable withholding rates is to be increased by an additional surcharge for Union purposes; the circular directs communication of this amendment to State Governments, Union Territory administrations and race clubs and offers administrative contacts for assistance.
Deduction of tax at source under section 193 read with section 197(1)/(2) of the Income-tax Act, 1961-Interest on Government Securities-Levy of surcharge on incomes-Regarding
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Surcharge on income-tax increases tax deduction at source on interest from government securities and requires immediate withholding adjustments.
Tax to be deducted at source on interest payable on Government securities must be increased by a surcharge calculated as a percentage of the income-tax so computed, and this surcharge is to be applied from the stated commencement date; Treasury Officers, Banks and other payors are to be instructed immediately to implement the adjusted withholding, with Income-tax Officers available for assistance.
184 - 22-02-1988 Income Tax
Scope of audit in respect of Estate Duty assessments completed under Summary Assessment Scheme - Clarification regarding.
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Remedial measures in summary-assessment cases permitted to rectify assessing officers' mistakes in estate duty and wealth tax.
The Directorate confirmed that the CBDT instruction against remedial action in summary-assessment cases was taken to apply to Wealth Tax and Estate Duty assessments, but that a subsequent Board instruction permits remedial measures to rectify assessing officers' mistakes even in summary-assessment cases; the matter should be taken up with the local Accountant General.
Holding of meetings between Chief Comm./Comm and tax consultants.
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Annual meetings with tax consultants to discuss law changes and promote timely filing and tax payment cooperation.
Chief Commissioners shall organise annual meetings with tax consultants to discuss problems from law changes and to enlist public cooperation in timely filing of income-tax returns and payment of taxes, with senior departmental officers participating; meetings are normally at the Chief Commissioner's headquarters, outside consultants attend at their own cost, and the Chief Commissioner may choose an alternative venue or ask the local Commissioner to organise the meeting.
Central Excise - Identification of commodities generally sold through depots for fixing specific rates of duties thereon - Regarding
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Sales through depots targeted for identification to enable commodity wise specific duty rates and prevent undue tax benefit.
Identification of commodities sold through depots is required to inform formulation of specific rates of duty and to prevent undue benefit from depot sales. Field formations must compile commodity level data in a prescribed table covering tariff headings, proportions of factory gate and depot sales, assessable values, wholesale depot prices, current duty rates, manufacturer details and suggested specific rates, and furnish comments and suggestions to support assessment, classification and possible legislative amendment.
Payments made to contractors and sub-contractors-Deduction of tax at source under section 194C of the Income-tax Act, 1961, on income comprised therein-Levy of surcharge
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Tax deduction at source under section 194C: deduction rates apply to contractor payments, increased by a Union surcharge.
Payments to resident contractors by specified agencies require deduction of tax at source under section 194C on payment or credit, and contractors must deduct tax on payments to resident sub-contractors; no deduction is required where the contract consideration does not exceed the statutory threshold. An amendment mandates that such deductions be increased by a Union surcharge calculated on the tax deducted, applicable only to payments after the amendment's effective date, and the circular directs state disbursing officers and undertakings to comply and seek assistance from Income-tax Officers if needed.
Endorsement of certificates issued by M.M.T.C./S.T.C. to buyers etc. for purposes of duty paying documents - Instructions regarding
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Modvat credit restriction: endorsed certificates cannot be used to claim Modvat; past claims must be verified and corrected.
Modvat credit is not permissible on endorsed certificates; the original certificate issued by canalising/public sector agencies is a duty paying document and endorsements do not confer entitlement to Modvat. The practice of endorsing certificates for the purpose of claiming Modvat must be stopped, and past credits taken on endorsed certificates should be verified for authenticity with demands raised where discrepancies are found.
6/88 - 18-02-1988 Central Excise
Classification of Potato Wafers - Instructions regarding
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Classification of potato wafers as vegetable preparations confirms placement under heading 20.01, excluding Chapter 11 and residuary headings.
Potato wafers-potato slices fried in edible oil, salted and packed-are vegetable preparations classifiable under heading 20.01 pursuant to note 1 of Chapter 20; they are excluded from the residuary heading 21.07 and from Chapter 11 by note 1(d) to Chapter 11, and a trade notice should be issued.
Classification of grey bolting cloth - Instructions regarding
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Tariff classification of bolting cloth affirmed: grey bolting cloth falls within bolting cloth tariff heading, excluding alternate textile heading.
Grey bolting cloth, a plain-weave man-made monofilament fabric with fine, uniform mesh and non-deforming geometry, possesses the essential characteristics of bolting cloth per technical definitions and Chief Chemist examination. Under the Interpretative Rules of the Central Excise Tariff, these characteristics place the fabric within the bolting cloth tariff heading, thereby excluding classification under the alternative woven-fabric heading; a trade notice is recommended accordingly.
4/88 - 16-02-1988 Central Excise
Central Excise - Classification of Gulab Jamun whether under Chapter 4, 19 or 21 of Central Excise Tariff - Regarding
Show AI Summary
Tariff classification of Gulab Jamun as food preparation for central excise; unit packaging determines applicable subheading.
Gulab jamun, made from skimmed milk powder, milk fats, wheat flour and sweetening matter, is a food preparation based on dairy and not a raw dairy product. Accordingly, when put up in unit containers for sale it is classifiable under the subheading for food preparations of milk and cream; when not so packaged it falls under the residuary subheading for other food preparations.
Bare copper wires of thickness 2 mm or more which arise in the course of conversion of copper wire rods into winding wires within the same factory of production exempt under Notification No. 129/87-CE
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Exemption for intermediate-stage bare copper wires preserved where produced in a continuous same factory winding wire manufacture.
Bare copper wires of thickness 2 mm or more that arise as an intermediate product during the continuous manufacture of winding wire from duty-paid copper wire rods within the same factory remain within the scope of the exemption under Notification No. 129/87-C.E., provided the conversion occurs in a continuous process and production is wholly within the same factory of production.
3/88-CX.1 - 16-02-1988 Central Excise
Central Excise - Valuation - Inclusion of Inspection charges in assessable value - Instructions regarding
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Inspection charges inclusion in assessable value required for essential quality checks, treated as part of manufacturing cost.
Inspection charges essential to ensure product quality or compliance with standards are specific ingredients of the cost of manufacture and must be included in the assessable value for central excise; inspection fees, whether paid to an external agency or incurred as in house quality control overheads, are not optional extras but form part of manufacturing cost for valuation purposes.
Availability of Modvat Credit in respect of various items used in the Cement Industry - Representation from Cement Manufacturers Association
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Modvat credit eligibility denied for listed cement-industry inputs because they constitute machinery or unrelated items.
The Board concluded that items listed by cement manufacturers-including explosives, grinding media, refractories, lining plates, cooling chains, spare parts, conveyor belts, HDPE bags, diesel oil and printing ink-either are unrelated to cement manufacture or constitute plant, machinery, tools or appliances and therefore do not qualify as inputs for Modvat credit; field formations are to be informed, a trade notice issued, and receipt of these instructions acknowledged.
88-CX.3 - 15-02-1988 Central Excise
Modvat Credit - Clarification regarding
Show AI Summary
Modvat credit entitlement: electing to pay duty on otherwise exempt inputs allows credit where those inputs are used in manufacture.
If the assessee elects to pay duty on goods that are otherwise fully exempt, the assessee may claim Modvat credit on the duty paid when those inputs are used in the manufacture of final products; administrative and trade instructions are to be issued for implementation.
4/88 - 15-02-1988 Central Excise
Classification of silver powder and silver alloy powder
Show AI Summary
Classification of silver powder: silver and silver alloy powder are to be treated as silver under the excise tariff, not as articles.
Silver powder and silver alloy powder are to be classified as silver rather than as 'articles of silver' because the unqualified tariff description for silver covers unwrought and powder forms, and chapter notes permit inclusion of the relevant alloys; the Board concurs with this classification and trade is to be informed accordingly.
Basis for determination of director’s remuneration ‑ Remuneration for professional services.
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Director professional remuneration: Central Government opinion required when a director provides professional services, including advocates.
The Central Government's expression of opinion is required where a director renders professional services, including practice as an advocate; the company must apply naming the company(ies) involved and obtain a separate opinion for each director from the Government. Section 309 concerns remuneration of individual directors, not firms, so advocate firms need not seek approval for the director's services.
12/88 - 12-02-1988 Central Excise
Conference of Collectors in Nov. 1987 - Certain recommendations relating to public relations and grievances redress - Regarding
Show AI Summary
Grievance redressal framework: designate dedicated grievance officers and standardized acknowledgement and coordination procedures for taxpayer complaints.
Establish a structured grievance redressal framework by appointing dedicated Grievance Officers at key Custom Houses, airport terminals and Collectorate headquarters with authority to call for papers, propose solutions and refer matters to Collectors; ensure recordkeeping and monitoring by Collectors and Zonal Principal Collectors. Complementary measures require filling Public Relation Officer posts with experienced officers or deputationed specialists, providing special pay, issuing a leaflet on complaint procedures, prompt acknowledgement of grievances with timelines, acknowledgement slips on forms, appellate office grievance coordinators, and combined interdepartmental committees for single-point redress.
Recommendations of working group on transfer of shares ‑ Acceptance by Government - Follow up for their implementation
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Transfer of shares procedures: measures require decentralised receipt, stamp facilitation, delegated transfers, uniform record dates and prompt listing.
Government directs implementation of Working Group recommendations to streamline share transfers: companies must provide counter receipt points for transfer documents, with additional metropolitan collection centers for large issuers; improve stamp availability via franking machines and bank branches; delegate transfer authority for small transfers to committees; amend listing agreements for uniform record dates and reduced book closures; adopt a uniform system for consolidating odd lot transfer deeds into marketable lots; permit single quotation and pari passu delivery for new shares from further issues; and require timely listing of specified issues including rights issues.
Benzene, Toluene, Benzol, Toluol etc. obtained in terms of Notification No. 75/84-C.E., dated 1-3-1984 for manufacture of solvents, diluents, thinners. End-use verification regarding
Show AI Summary
End-use verification now required for excise exemptions when goods are shown to be used for the intended purpose.
End-use verification is required under Notification No. 75/84-C.E. for benzene, toluene and related goods exempted for manufacture of solvents, diluents and thinners because the 1984 proviso conditions exemption on proof to the satisfaction of an officer not below Assistant Collector that such goods are used for the intended use, distinguishing it from the earlier 1973 wording which referred to intended use.

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