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    Bodies built on duty paid chassis will fall under heading no.87.07 before 25.7.91 After insertion of note 4 (re numbered as note 3) to chapter 87 on 2...
    Carriage of domestic Cargo in Air-India Flights
    reduce the time frame for consideration of FDI proposals to thirty (30) days from six weeks
    Whether certificate issued under section 197(1) will be applicable only in respect of credit or payments, as the case may be, subject to tax deduction...
    ‘Phenyl’ marketed as disinfectant would be classifiable under sub-heading no.3808.90
    Clarification regarding drawal of samples at the place of dispatch. Disposal of AR4 will be as per para 5 of the circular no.87/87/94-CX dated 26..12....
    Determining of cost of acquisition and taxability in the case of self generating assets - Applicability of clause (a) of sub-section (2) of section 55...
    FILING OF APPLICATION FOR GRANT RENEWAL OF EH/TH/STH/SSTH
    EXPORT OF SANDS AND SOILS TO MALDIVES-MONITORING REGARDING
    Customs Houses to adopt procedure of Mumbai Custom House for verification of DEPB scrip
    Facility for permitting Import under DEPB Scheme at various Ports/Airports/ICDs through TRA Procedure - reg
    Exemption from Customs duties on secondhand computer, computer peripherals, etc., when donated by an outside donor to schools run by Central Governmen...
    Circular no. 5/83 provides for immediate issue of SCN on CERA objections. But no protective demands should be issued pursuant to audit objections whic...
    Instant tea is liable to cess under section 25 of Tea Act 1953
    DEPB scrip to be valid on the date on which actual debit of duty is made
    The DEPB rate for processed cotton made-ups other than grey' would be admissible for cotton made-ups made from yarn dyed fabric
    The lapses on the part of Commissionerate in communicating Board's instructions having financial implications to its attached filed offices/units
    Delegation of powers to the Development Commissioners of Export Processing Zones for post approval amendments - consolidated instructions
    Benefit of this notification not to be denied to units using both imported and indigenous raw material so long it is proved that inputs used in the Ma...
    Alert notice regarding duty evasion in respect of petroleum products.
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Circulars
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447/13/99 - 22-03-1999 Central Excise
Bodies built on duty paid chassis will fall under heading no.87.07 before 25.7.91 After insertion of note 4 (re numbered as note 3) to chapter 87 on 25.7.91, such bodies would be classified as per the new chapter note
Show AI Summary
Classification of vehicle bodies on duty paid chassis: post chapter note classification governs treatment of such bodies.
Classification of vehicle bodies built on duty paid chassis: pre insertion of the Chapter 87 note, bodies manufactured on customer supplied chassis were treated under the tariff provision for complete vehicle bodies; after insertion of Note 4 (renumbered Note 3) to Chapter 87, classification for transactions on or after that date is governed by the chapter note, notwithstanding a tribunal interpretation that the note did not alter treatment of chassis fitted with engines and the department's challenge to that interpretation.
Carriage of domestic Cargo in Air-India Flights
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Carriage of domestic cargo on international flights requires segregation, customs supervision, and separate handling and delivery.
Permits carriage of domestic cargo on the domestic legs of Air-India's international flights subject to controls: clear physical segregation with distinct appearance and colour-coded tags; loading and unloading under customs supervision; acceptance and holding in a designated cargo unit area and processing through the Export General Warehouse within prescribed hours; loading in a separate aircraft hold without mixing with international cargo; separate delivery at the domestic destination; and issuance of standing orders with reporting of implementation difficulties to the Board.
reduce the time frame for consideration of FDI proposals to thirty (30) days from six weeks
Show AI Summary
Timeframe for FDI consideration shortened to expedite government decisions on approvals and rejections.
Proposals for Foreign Direct Investment submitted to the Foreign Investment Promotion Board are to be considered within a time-frame of thirty (30) days for communicating the Government's decision-approval (including approval of IM or CCFI) or rejection-thereby modifying guideline No.2 of the earlier FDI consideration guidelines to expedite disposal of such proposals.
Whether certificate issued under section 197(1) will be applicable only in respect of credit or payments, as the case may be, subject to tax deduction at source, made on or after date of such certificate
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Certificate for reduced tax deduction limited to credits or payments on or after certificate date; late applications not accepted.
A certificate for reduced or nil tax deduction is effective only for credits or payments subject to tax deduction at source made on or after the certificate date; certificates must not be issued after the amounts have been credited or paid, and applications submitted after credit/payment should not be acted upon, though genuine hardship may be referred for condonation of delay.
446/12/99 - 17-03-1999 Central Excise
‘Phenyl’ marketed as disinfectant would be classifiable under sub-heading no.3808.90
Show AI Summary
Classification of disinfectant phenyl as other disinfectants under tariff leads to application of the standard excise duty rate.
Products marketed and commonly used as disinfectant liquids, including 'Phenyl' composed of high boiling tar acid and phenolic compounds, are classifiable as other disinfectants rather than pesticides under the current tariff; the earlier judicial decision was applicable to the old tariff only. Accordingly, such 'Phenyl' should attract the standard central excise duty applicable to other disinfectants, and all pending assessments and disputes should be settled in light of these guidelines.
445/11/99 - 17-03-1999 Central Excise
Clarification regarding drawal of samples at the place of dispatch. Disposal of AR4 will be as per para 5 of the circular no.87/87/94-CX dated 26..12.94 and para 4 of the circular no.81/81/94-CX dated 25.11.94
Show AI Summary
Sampling at place of dispatch limited to selective surprise checks; export sampling follows customs guidelines and AR-4 follows self-removal procedure.
Paragraph 7 of the earlier circular on port/place examination is omitted; the Customs Wing circular governs examination of goods cleared on self-certification. Central Excise may draw samples at the place of dispatch only during selective or surprise checks as prescribed; sampling at the place of export follows Customs guidelines. Any conflict with mandatory per-consignment sampling or operational difficulty must be reported to the Board. AR-4 signing and disposal in self-certification cases will follow the self-removal procedure under the specified prior circulars.
Determining of cost of acquisition and taxability in the case of self generating assets - Applicability of clause (a) of sub-section (2) of section 55.
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Capital gains treatment of self generated intangible assets depends on asset classification and legislative amendment timing.
Determination of capital gains on transfer of self generated assets depends on whether the asset is goodwill or a right to manufacture, produce or process; the special cost of acquisition rule in clause (a) of s.55(2) applies from distinct assessment years for goodwill and for rights to manufacture, and intangible assets not constituting goodwill must be tested as acquired for consideration or self generated, since self generated intangibles are not chargeable to capital gains until the amendment bringing them within clause (a).
FILING OF APPLICATION FOR GRANT RENEWAL OF EH/TH/STH/SSTH
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Status renewal relief for export and trading house applicants: late filings until end of December accepted for timeliness.
Applications for recognition or renewal as Export House, Trading House, Star Trading House and Super Star Trading House filed by the end of December may be treated as filed within time for grant or renewal despite an earlier final date, as an administrative accommodation addressing difficulties caused by an advanced deadline; substantive eligibility and procedural standards remain unaffected.
EXPORT OF SANDS AND SOILS TO MALDIVES-MONITORING REGARDING
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Export monitoring: council-issued NOC required to limit sand and aggregate exports and ensure quarterly utilisation reporting.
The Directorate General of Foreign Trade exempts exports of stone aggregate and river sand to the Maldives up to prescribed annual ceilings and requires the Chemicals and Allied Products Export Promotion Council to monitor utilisation, issue an annual NOC limited to those ceilings, and submit quarterly utilisation reports to Policy Cell III of the DGFT.
Customs Houses to adopt procedure of Mumbai Custom House for verification of DEPB scrip
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DEPB verification procedure tightened: standardised receipt, examiner checks, countersignature, computer registration and controlled distribution enforced.
A tightened verification regime requires Custom Houses to adopt Mumbai's procedure for DEPB scrips: prescribed receipt hours, register logging and acknowledgements, alphabet-wise distribution, examiner verification of shipping particulars against computer/EGM data, defacement and signature on DEPBs, appraiser and Assistant Commissioner countersignature by the next day, computerised registration and embossing, controlled third-day distribution to submitters, secure custody of uncollected scrips, computerised debits by registration number, direct-transfer restriction for duty exemption under Notification No. 34/97-Cus, and reinstated Release Advice requirements.
Facility for permitting Import under DEPB Scheme at various Ports/Airports/ICDs through TRA Procedure - reg
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DEPB Scheme port designation expanded; specified ICDs added and Nagpur locations treated as a single port for TRA imports.
The Circular amends customs guidance to extend DEPB Scheme import facilities under the TRA procedure to include ICDs at Varanasi, Jaipur and Jodhpur, and to treat ICD Nagpur, CFS Nagpur and Nagpur Airport collectively as a single port, with all other provisions of the earlier Circular remaining unchanged.
Exemption from Customs duties on secondhand computer, computer peripherals, etc., when donated by an outside donor to schools run by Central Government, State Government, Government of Union Territory or a local body.
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Exemption from customs duties for donated secondhand computer equipment to government schools subject to use and disposal restrictions.
Exemption from customs duties applies to imported secondhand computer equipment donated to government-run schools, subject to an undertaking by the Head Master/Principal to notify customs of receipt and installation within three months and to refrain from commercial use or disposition without permission for five years; donations may be received directly or via NGOs or government departments, valuation should approximate resale value, the superintendent of central excise will verify receipt and report to the Assistant Commissioner of Customs, and no bank guarantee is required at the port.
444/10/99 - 12-03-1999 Central Excise
Circular no. 5/83 provides for immediate issue of SCN on CERA objections. But no protective demands should be issued pursuant to audit objections which are contrary to section 37B orders
Show AI Summary
Protective demands barred where audit objections conflict with board uniformity orders, preventing contradictory levy actions.
Assessing Officers must not raise Protective Demands in response to Accountant General audit objections when those objections conflict with Board orders issued under section 37B; Circular No. 5/83 is modified solely to that extent to preserve uniformity in classification and levy treatment.
443/9/99 - 11-03-1999 Central Excise
Instant tea is liable to cess under section 25 of Tea Act 1953
Show AI Summary
Classification of instant tea as tea prompts liability to cess under tea legislation; clarification directs collection and dispute resolution.
Instant tea falls within the Tea Act's definition of tea as commercially known varieties under Section 3(n) and is therefore liable to cess under the Act; levy and collection procedures for tea apply and pending disputes or audit objections should be decided in light of this clarification.
DEPB scrip to be valid on the date on which actual debit of duty is made
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DEPB scrip validity must subsist on the date customs duty is actually debited to permit duty credit utilisation.
A DEPB scrip is a duty credit entitlement and must be valid on the date on which the actual debit of customs duty is effected in the scrip; validity at the time of actual debit determines permissibility of debiting customs duty against the scrip.
The DEPB rate for processed cotton made-ups other than grey' would be admissible for cotton made-ups made from yarn dyed fabric
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DEPB eligibility for processed cotton made-ups affirmed when yarn-dyed fabric underwent post weaving processing; HEPC certification required.
DEPB rates for processed cotton made-ups other than grey apply where made-ups are from yarn-dyed fabric that underwent specified post-weaving processes. For handloom exports, exporters must state the post-weaving process on the shipping bill, which must be certified by the export promotion council before submission to the Custom House. The Custom House should accept such certified shipping bills for DEPB eligibility but may challenge the declaration if it holds documentary evidence disputing it.
The lapses on the part of Commissionerate in communicating Board's instructions having financial implications to its attached filed offices/units
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Communication of Board instructions must be immediate to protect revenue; delays may attract financial liability for responsible officers.
Delays by Commissionerates in transmitting Board instructions with financial implications to attached field units caused preventable revenue loss; Commissionerates are directed to ensure immediate dissemination and implementation of Board orders and warned that repeated failures may result in financial liability being fixed on responsible officers.
Delegation of powers to the Development Commissioners of Export Processing Zones for post approval amendments - consolidated instructions
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Delegation of powers to Development Commissioners permits specified post approval amendments for EPZ/EOU units within prescribed limits.
Delegation authorises Development Commissioners of EPZs to approve post-approval amendments for EPZ/EOU units, including enhancement of imported capital goods value within prescribed ceilings, adjustment for currency fluctuations, attestation of imported capital goods lists, capacity enhancement and broad-banding limited by additional capital goods thresholds, revision of value addition and export obligations within policy minima, disposal of obsolete capital goods on payment of duties, import of office equipment per EXIM policy, change of name and location under specified conditions, approval of additional locations within the same customs jurisdiction, extension of approval validity within delegated limits, and merger of units under the same Commissioner.
442/8/99 - 04-03-1999 Central Excise
Benefit of this notification not to be denied to units using both imported and indigenous raw material so long it is proved that inputs used in the Manufacture of goods sold in DTA or made from indigenous raw materials
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Exemption eligibility for DTA sales: imported inputs allowed if units prove DTA goods are wholly from indigenous raw materials.
Benefit of Notification No. 8/97-CE may be granted to units using both imported and indigenous raw materials if they satisfy Central Excise authorities that inputs used for goods sold in the DTA were manufactured wholly from indigenous raw materials by maintaining records, permitting physical verification and, where necessary, fixing input output norms via a Cost Accountant; in cases of common inputs, non segregated lines, or indistinguishable products, the benefit should be denied to avoid misuse.
Alert notice regarding duty evasion in respect of petroleum products.
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Customs duty evasion in petroleum pipeline transfers prompts verification of warehousing values and strengthened compliance checks.
Alert identifies Customs duty evasion at a bonded warehouse receiving petroleum via pipeline where assessable values declared in port warehousing bills were not used for exbond clearances, causing underpayment of Customs duties; some imported consignments appear unreceived at destination and were cleared on Excise duty alone, generating additional duty differentials and exposing potential legal violations, and field formations are instructed to verify records, take action, and report recoveries.

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