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    5/88 - 29-01-1988 Central Excise
    Export of Polyester Staple Yarn under the Intermediate Advance Licensing Scheme - Instructions regarding
    30th Meeting of Customs & Central Excise Advisory Council - Whether bladders, air bags, shaper tubes and curing bags can be treated as input under Rul...
    Works executed under the National Rural Employment Programme (NREP) & Rural Landless Employment Guarantee Programme (RLEGP)-Applicability of the provi...
    Classification of waste arising during the manufacture of synthetic and artificial filament yarns
    Central Excise - P or P Medicines - Exemption on clinical samples
    Central Excise - Modvat - Payment of excise duty on Finished products through P.L.A. Account only - Question regarding
    Deduction of tax at source-Income-tax deduction from salaries during the financial year 1987-88 under section 192 of the Income-tax Act, 1961-Deductio...
    2/88 - 20-01-1988 Central Excise
    Maintenance of folders for the assessee paying duty of Rs.1 crore and above per annum - Representation from M/s. A.C.C. Ltd., regarding
    Acceptance of neutral packing for export - Instructions regarding
    Admissibility of Modvat Credit on melting losses/ slags etc. clarification regarding
    Assessable value for the purposes of levy of cess on motor vechicles - Whether it should be on ex-factory wholesale price as per Section 4 or should i...
    Customs facilities to experts assigned to India under the various Aid Schemes viz. U.N. and its Specialised Agencies (Regular) Programme, UNDP, Colomb...
    Mineral Oils - Accounting of liquified petroleum gas in RG 1 stage - Instruction regarding
    Cost for the posts created on cost recovery basis
    Invoice price assessment under Rule 173C(11)
    Despatch of allotment letters/certificates and refund orders to applicants in public issue of share capital ‑ Instructions to check delays
    Central Excise -Textile Articles - Scope of the expression 'Cotton Belting' falling u/h 59.08 of the CET - Clarification regarding
    Disposal of fire arms imported in baggage upto 31-1-1987 and those imported under Transfer Residence
    Central Excise - Valuation - Shift from wholesale price to retail price as the basis of assessment
    1/88 - 05-01-1988 Central Excise
    Excisablility of structures and parts of structures for fabrication of transmission line-towers, regarding
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5/88 - 29-01-1988 Central Excise
Export of Polyester Staple Yarn under the Intermediate Advance Licensing Scheme - Instructions regarding
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Duty-free procurement under bond for polyester yarn manufacturers enabled with procedural relaxations to promote export compliance.
Polyester yarn manufacturers under the Intermediate Advance Licensing Scheme may procure Polyester Staple Fibre duty-free under bond under Rule 191B with relaxations: the whole factory is treated as bonded, local Central Excise supervision of internal issues is not required, and a one-time procurement permission replaces piece meal consignment permissions; parties must enter a joint bond with licensing authorities to ensure eventual export, and quarterly reports on procedure implementation are to be submitted for review.
30th Meeting of Customs & Central Excise Advisory Council - Whether bladders, air bags, shaper tubes and curing bags can be treated as input under Rule 57A - Point regarding
Show AI Summary
Input classification: reusable tyre moulding implements are not eligible for Modvat credit under Rule 57A.
Devices such as bladders, air bags, shaper tubes and curing bags used inside tyres during vulcanisation are removed and reused repeatedly; by their repeated use and function they are akin to an appliance/apparatus/equipment and therefore do not qualify as inputs for Modvat credit under Rule 57A. Field formations are to be informed of this clarification.
Works executed under the National Rural Employment Programme (NREP) & Rural Landless Employment Guarantee Programme (RLEGP)-Applicability of the provisions of section 194C of the I.T. Act, 1961-Reg
Show AI Summary
Applicability of section 194C: payments under community implemented rural employment schemes not subject to contractor TDS deduction.
Section 194C withholding applies where a contractual relationship with a contractor or sub contractor exists and creates an obligation to deduct tax at source. Payments under NREP and RLEGP are not subject to section 194C because implementation is through Panchayati Raj institutions and voluntary organisations under State supervision, the schemes ban engagement of contractors or intermediaries, and there is no contract with State Governments that would attract section 194C.
Classification of waste arising during the manufacture of synthetic and artificial filament yarns
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Classification of waste: wastes from manufacture of artificial and synthetic filament yarn treated as filament wastes under tariff heading.
The tariff term filament includes filament yarn, so wastes arising during manufacture of filament yarn, whether artificial or synthetic, are covered by the tariff heading for filaments; pending assessments should be finalised accordingly.
Central Excise - P or P Medicines - Exemption on clinical samples
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Exemption on clinical samples limited by value basis; only duty-paid clearances count and exempted clearances excluded.
Exemption on clinical samples under Notification No. 48/77 is capped at 4% of the preceding month's duty-paid clearances, calculated on the section 4 value. Only clearances made on payment of duty in the preceding month are to be included; clearances already fully exempt under other notifications must be excluded from the base used to determine the 4% limit.
Central Excise - Modvat - Payment of excise duty on Finished products through P.L.A. Account only - Question regarding
Show AI Summary
Modvat credit use permitted: taxpayers may discharge excise duty on finished goods via PLA or RG 23A account.
The Board clarifies that under the Modvat scheme, input-duty credit allowed by rule 57A and utilisable under rule 57F(3) may be used to discharge excise duty on final products, and assessees may elect to pay such duty either from the PLA account or by utilising Modvat credit in the RG 23A account.
Deduction of tax at source-Income-tax deduction from salaries during the financial year 1987-88 under section 192 of the Income-tax Act, 1961-Deduction admissible in respect of deposits made in the National Savings Scheme, 1987
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National Savings Scheme deduction permitted for salary TDS; withdrawals and partial interest inclusion taxable on withdrawal.
Deduction for deposits in the National Savings Scheme may be allowed by drawing and disbursing officers when computing tax to be deducted at source from salaries. The statutory provision permits a deduction equal to fifty percent of deposits subject to an annual ceiling; on withdrawal fifty percent of the withdrawn amount is treated as income in the year of withdrawal, and interest on deposits is taxable only in the year of withdrawal to the extent of fifty percent. The deduction is additional to the deduction available under the other deposit-linked deduction provision.
2/88 - 20-01-1988 Central Excise
Maintenance of folders for the assessee paying duty of Rs.1 crore and above per annum - Representation from M/s. A.C.C. Ltd., regarding
Show AI Summary
Maintenance of company folders: duplicate files to be held at division and Collectorate, only two copies required.
Duplicate company-wise folders are to be maintained at division and Collectorate levels for assessees meeting the duty threshold; only two copies of balance sheets and other documents are to be requested from each unit, with one copy retained at the division and the other at the Collectorate to reduce duplication and ease administrative burdens.
Acceptance of neutral packing for export - Instructions regarding
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Neutral packing acceptance limited to cotton yarn; exporters of other goods must comply with packaging marking and manufacturer identification requirements.
Acceptance of neutral packing for export is a limited exception confined to cotton yarn where the requirement to indicate manufacturer/owner name and address on export packages was relaxed. There is no authority to extend that relaxation to other commodities; exporters of other goods must comply with statutory packaging marking and manufacturer identification obligations. No further relaxations should be granted and the instruction must be communicated to field formations.
Admissibility of Modvat Credit on melting losses/ slags etc. clarification regarding
Show AI Summary
Modvat credit admissibility: input credit cannot be denied due to slag, wastes or invisible melting losses in manufacture.
Admissibility of Modvat credit is confirmed where duty-paid inputs are contained in slag, wastes or invisible melting losses arising in the manufacture of copper and articles; such presence in waste does not justify denial of input credit and field formations are directed to apply excise waste provisions accordingly.
Assessable value for the purposes of levy of cess on motor vechicles - Whether it should be on ex-factory wholesale price as per Section 4 or should include the element of excise duty also - Point regarding
Show AI Summary
Assessable value for motor-vehicle cess must include excise duty pending appeal, and demands should be raised.
Assessable value for levy of cess on motor vehicles: whether it should be the ex-factory wholesale price or include excise duty. A tribunal held valuation should follow statutory rules, but pending the department's appeal the Board directed that cess be levied on value inclusive of excise duty and that demands not already issued be raised immediately to keep the matter alive.
Customs facilities to experts assigned to India under the various Aid Schemes viz. U.N. and its Specialised Agencies (Regular) Programme, UNDP, Colombo Plan, Indo-French Programme and other bilateral co-operation agreements with foreign countries
Show AI Summary
Duty free import privileges for foreign experts expanded, with specified personal effects and relaxed baggage valuation and timing rules, plus compliance safeguards.
Customs concessions permit experts assigned to India under aid and technical co operation schemes to import specified personal effects duty free upon execution of a certificate of undertaking, and to import consumable consumer articles duty free up to prescribed annual monetary ceilings (proportionately adjusted for stays under one year). Baggage rules are relaxed so the individual article value limit is not applied and customs may waive duties on additional minor items up to a cap and the time limit for unaccompanied baggage where delay is not abusive; these concessions apply generally at first arrival and sponsoring bodies bear operational responsibilities to ensure compliance and recovery of duty on improper disposal.
Mineral Oils - Accounting of liquified petroleum gas in RG 1 stage - Instruction regarding
Show AI Summary
Accounting of liquefied petroleum gas: weight-based records for containers; pipeline measures by refinery devices accepted.
LPG dispatched in unit containers must be accounted for on a weight basis; where pipeline supply precludes weight accounting, refinery-adopted devices measuring pipeline clearance may be accepted as substitutes for initial regulatory accounting.
Cost for the posts created on cost recovery basis
Show AI Summary
Cost recovery for posts adjusted: for export oriented units, cost limited to actual salaries and emoluments.
Where posts are created on a cost recovery basis to serve export oriented units, recoverable cost for such posts shall be equivalent to the actual salary and emoluments of the staff deployed rather than the earlier prescribed multiplier of average cost; this partial modification takes effect from the date of issue and existing instructions on cost sharing in specified cases continue to apply.
73/88-CX.6 - 11-01-1988 Central Excise
Invoice price assessment under Rule 173C(11)
Show AI Summary
Invoice price assessment allowed for small scale units if invoice prices conform to statutory value and Assistant Collector acknowledgement is obtained.
Small scale units may be assessed on invoice prices instead of filing price lists if their invoice prices conform to the valuation provision of the Central Excise Act. Each unit must submit a declaration to the Assistant Collector that invoice prices represent the statutory value; a dated acknowledgement from the Assistant Collector will serve as permission under the invoice assessment rule.
Despatch of allotment letters/certificates and refund orders to applicants in public issue of share capital ‑ Instructions to check delays
Show AI Summary
Timely dispatch of allotment letters: companies must file undertakings and exchanges may penalise delays.
Companies must ensure timely dispatch of allotment letters/certificates and refund orders within the ten week limit under Section 73; listing applications must include a signed undertaking and a detailed compliance scheme, a post expiry certificate must be filed with the regional exchange and endorsed to the Controller of Capital Issues, and stock exchanges are directed to monitor compliance, conduct checks, and impose penalties for delays while coordinating with registrars and postal authorities.
Central Excise -Textile Articles - Scope of the expression 'Cotton Belting' falling u/h 59.08 of the CET - Clarification regarding
Show AI Summary
Cotton belting classification: products classed as cotton when cotton predominates by weight for tariff classification.
Classification of 'cotton belting' is governed by the Section Notes to Section XI: where articles contain two or more textile materials they are to be classified as if consisting wholly of the one material which predominates by weight. Therefore 'cotton belting' includes belting made exclusively of cotton and belting in which cotton predominates by weight, and classification should follow the predominance rule in Note 2 and Section Note 14.
Disposal of fire arms imported in baggage upto 31-1-1987 and those imported under Transfer Residence
Show AI Summary
Firearms imported in baggage up to 31 1 1987 are regularised but barred from transfer during the licensee's lifetime.
Firearms imported in baggage up to 31-1-1987 are regularised provided they are not transferred within India during the licensee's lifetime. Transfer of Residence imports are limited to one firearm proven to have been possessed for at least one year, with possession licences and purchase vouchers required; sporting weapons imports for recognised rifle clubs may be allowed on departmental recommendation. Detained firearms may be released subject to licence endorsement; doubtful TR imports should be denied and confiscated, and clearance of TR firearms must occur at Assistant Collector level after verification.
Central Excise - Valuation - Shift from wholesale price to retail price as the basis of assessment
Show AI Summary
Valuation basis shift to retail price proposed where retail markedly exceeds wholesale, prompting data submission for affected commodities.
Proposed adoption of retail price as the basis for central excise valuation where retail markedly exceeds wholesale; Board seeks detailed tabulated data from collectors listing commodity, heading, wholesale price, retail price, percentage variation and applicable duty rate to assess which items warrant valuation on a retail-price basis.
1/88 - 05-01-1988 Central Excise
Excisablility of structures and parts of structures for fabrication of transmission line-towers, regarding
Show AI Summary
Excisability of transmission line tower components clarified: processed structural metal parts are classifiable and subject to excise duty.
Components such as sheets, angles, channels, beams and plates processed into columns and trusses for transmission line tower fabrication are not immovable goods, are classifiable as structural metal goods, and are liable to excise duty; the Board's prior determination in a comparable contractor case governs and pending assessments must be finalised accordingly.

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