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    Raw Naphtha-Transfer of raw naphtha by pipeline to L.6 premises for use in the manufacture of specified products
    Expeditious settlement of audit objections timely submission of replies to Half Margin Notes of Audit Parties instructions regarding.
    Central Exicse-PME/PMP cases-Recovery of dues from M/s Punjstar Standard Electronics, Mohali - Regarding
    Classification of Sodium Hypochlorite Solution - whether entitled to exemption under Notification No. 195/86 dated 13.3.1986
    Import by post by 100% EOU - Recommendation for Ad-hoc exemption
    Notified plans of LIC
    Central Excise - Chapter 40 - Classification of vulcanising solution - Regarding
    Payment through RG23 whether eligible for incentive scheme under Notification No. 116/84-CE
    Whether interest payments under Land Acquisition Act are covered by section 194A
    Central Excise - Chapter 27 - Non-levy of duty on Bituminous mixture falling under Sub-Heading No. 2715.90 of the CET - Regarding
    Central Excise - Notification No. 3/82-CE, dated 1-11-82 before its amendment by Notification No. 234/86-C.E., dated 3-4-86 - Manufacture and clearanc...
    26/88 - 02-12-1988 Central Excise
    Classification of steel wires manufactured out of slitting scrap/side cutting scraps of hot rolled strips
    P or P Medicaments - Alignment of duty structure with the Drug (Price Control) Order, 1987
    Delegation of Board's powers to Principal Collectors
    Collection of income-tax at source during the financial year 1988-89-Profits and gains from the business of trading in alcoholic liquor, forest produc...
    Central Excise - Chapter 27 - Raw Naphtha used in petro-chemicals - Notification No. 75/84-CE., dated 1-3-1984, as amended, (Sr. No. 3) Scope of - Cla...
    Central Excise - Whether production of duty paying documents should be insisted upon while granting exemption contained in Sr. No. 38 of Notification ...
    Classification or resin binded glass wool - Regarding
    60/88 - 21-11-1988 Central Excise
    Tolerance limit to be prescribed in case of processed fabrics as per Notification Nos. 4/88 and 5/88, dated 19-1-1988 - Suggestion regarding
    Alumina Balls/rings used as carrier for catalyst in fertilizer industry
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65/88-CX.8 - 12-12-1988 Central Excise
Raw Naphtha-Transfer of raw naphtha by pipeline to L.6 premises for use in the manufacture of specified products
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Concessional duty for pipeline-held raw naphtha where pipelines form part of approved premises is directed to apply.
Where pipelines are included within a manufacturer's approved premises, the Board directs that the pipeline content of raw naphtha intended for manufacture of specified products in those premises be assessed to the concessional rate of duty, modifying its earlier instruction which had required charging duty at the full rate applicable to motor spirit; implementing instructions to field formations are to be issued.
189 - 12-12-1988 Income Tax
Expeditious settlement of audit objections timely submission of replies to Half Margin Notes of Audit Parties instructions regarding.
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Timely audit reply obligations require prompt factual responses to audit memos and supervisory reporting to expedite settlement.
Assessing officers must give prompt, factual replies to Audit Memos (Half Margin Notes) and record dates of receipt and reply; Range DC/CIT must within a fortnight obtain detailed reports of memos and replies and address defaults; within one month send a consolidated report to DC (Audit) highlighting delays and unresolved legal points; DC (Audit) must personally monitor non compliance and escalate persistent lapses to the CIT; assessing officers must report file requisition, availability and mistakes within seven days of audit completion.
Central Exicse-PME/PMP cases-Recovery of dues from M/s Punjstar Standard Electronics, Mohali - Regarding
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Priority of secured creditors may be subordinate to government revenues in liquidation; departments must safeguard revenue.
Ministry of Law advises that in company liquidation government revenues and taxes take precedence over secured creditors, whereas if no winding up is pending secured creditors have priority over unsecured creditors; departments are instructed to safeguard revenue interests accordingly.
Classification of Sodium Hypochlorite Solution - whether entitled to exemption under Notification No. 195/86 dated 13.3.1986
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Classification of sodium hypochlorite determines exemption eligibility under the relevant notification, applied per technical opinion.
Whether a sodium hypochlorite solution qualifies for exemption under Notification No. 195/86 is resolved by adopting the technical opinion of the Chief Chemist, Central Revenue Chemical Laboratory; the Board has accepted that assessment and directs field formations to apply it for classification and exemption decisions.
Import by post by 100% EOU - Recommendation for Ad-hoc exemption
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Duty-free import by post for 100% EOUs: ad-hoc exemptions possible on detailed advance requests.
Imports by post by approved 100% EOUs are not normally eligible for the referenced duty exemption, but the Ministry of Finance may grant discretionary ad-hoc exemptions where genuine difficulties prevent sea/air import. EOUs must submit advance requests with full description, quantity and value for individual consideration.
Notified plans of LIC
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Specified life insurance plans designated for tax deductions confirmed; deduction eligibility and existing limits and conditions remain unchanged.
The Central Government has specified the Jeevan Dhara and Jeevan Akshay plans of the Life Insurance Corporation as eligible for the income tax deduction under clause (ii) of sub section (1) of section 80CCA, and the limits and conditions previously announced continue to apply unchanged.
30/88-CX.3 - 07-12-1988 Central Excise
Central Excise - Chapter 40 - Classification of vulcanising solution - Regarding
Show AI Summary
Classification of vulcanising solution as compounded rubber confirmed, reinforcing tariff heading interpretation and administrative guidance.
The Board reiterates that vulcanising solution is classifiable as compounded rubber under Heading No. 40.05 of the new CET, confirming that this classification rests on HSN Notes and related factors rather than solely on the sale criterion; the Board affirms its prior clarification and maintains the decision to appeal a CEGAT order was taken after considering these factors.
81/88-CX.6 - 06-12-1988 Central Excise
Payment through RG23 whether eligible for incentive scheme under Notification No. 116/84-CE
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Eligibility for production incentive: payments credited under input-credit exemption must be counted when computing incentive credit.
RG 23 Part II payments arising under a notification that provides exemption by way of input credit must be counted, along with production ledger duties, when computing the credit amount available as a production incentive; the effective rate of duty calculation requires treating such credit-granting exemption notifications as part of the duties to be taken into account for incentive computation.
Whether interest payments under Land Acquisition Act are covered by section 194A
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Tax deduction on interest: payments under the Land Acquisition Act require withholding under the tax-deduction-at-source regime.
Interest paid under the Land Acquisition Act falls within the statutory tax-deduction-at-source regime applicable to interest paid to residents; non-individual payers such as State Development Authorities and similar bodies must deduct tax at source at the time of credit or payment, deposit the tax with the Central Government within prescribed periods, and are subject to penal consequences for failure to deduct or remit.
33/88-CX.3 - 02-12-1988 Central Excise
Central Excise - Chapter 27 - Non-levy of duty on Bituminous mixture falling under Sub-Heading No. 2715.90 of the CET - Regarding
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Bituminous mixture classification: duty applies when product is classifiable under the relevant CET subheading, and recovery may be directed.
A manufacturer cleared a bituminous mixture captively without duty claiming non marketability; chemical analysis and H.S.N. explanatory notes indicate the product is a Bituminous mixture classifiable under sub heading 2715.90 of the CET, aligning with a similar dutiable product and prompting admission of objections and directions for recovery of duty where applicable.
31/88-CX.3 - 02-12-1988 Central Excise
Central Excise - Notification No. 3/82-CE, dated 1-11-82 before its amendment by Notification No. 234/86-C.E., dated 3-4-86 - Manufacture and clearance of 'Bulk Drugs' clarification regarding
Show AI Summary
Bulk Drugs exemption: clearance for non medical end uses disqualifies duty relief under use based criteria absent regulatory certificate.
Exemption for Bulk Drugs is available only when the goods satisfy the notification's definition and are actually used for diagnosis, treatment, mitigation or prevention of disease or as ingredients in formulations; following the tariff revision the exemption is subject to a Drugs Controller certificate confirming the goods are Bulk Drugs and are normally used for those medical purposes, and clearances to non medical manufacturers (such as beverage producers) do not qualify for the exemption.
26/88 - 02-12-1988 Central Excise
Classification of steel wires manufactured out of slitting scrap/side cutting scraps of hot rolled strips
Show AI Summary
Classification of slitting scrap: excluded from waste definition when used for manufacture, included as waste under revised definition thereafter.
Slitting and side cutting scrap used for manufacture of products such as wires did not meet the pre 1 March 1988 definition of waste and scrap, and thus should be classified under relevant Tariff Item 25 sub items; after alignment with HSN post 1 March 1988 the revised definition includes re rollable metal waste and scrap, bringing such scrap within the waste and scrap heading and meriting classification under the corresponding subheading.
P or P Medicaments - Alignment of duty structure with the Drug (Price Control) Order, 1987
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Excise duty exemption: do not deny concession for medicament formulations solely because they are not sold to national health programmes.
The excise duty exemption for formulations based on bulk drugs listed in the DPCO First and Second Schedules is not conditioned on sale to or declared use for a National Health Programme; refusal of the concession or insistence on a declaration solely for that reason is not justified under Notification 29/88-C.E.
Delegation of Board's powers to Principal Collectors
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Delegation of powers to collectors sets criteria for declaring warehousing stations and restrains extensions of warehousing periods.
The delegation authorises Principal Collectors to declare warehousing stations and grant warehousing-period extensions subject to criteria: declaration depends on local industrial development, warehousing need, availability of public bonded warehouse facilities (with relaxation for certain export units), and adequate Customs staffing and training; cases outside criteria go to the Board. Extensions require assurance goods will not deteriorate, testing if necessary, valid grounds (lack of funds alone insufficient), shortest practicable duration with limits, liberal treatment for specified categories after condition checks, and monthly reporting to the Board for interest-waiver consideration.
Collection of income-tax at source during the financial year 1988-89-Profits and gains from the business of trading in alcoholic liquor, forest produce, etc.-Instructions regarding
Show AI Summary
Collection of tax at source mandates sellers to withhold and remit tax on specified goods with strict payment and certification duties.
Sections 44AC and 206C prescribe that at the point of first sale certain percentages of the purchase price for specified goods are to be deemed profits of the buyer and that designated sellers must collect income-tax at source at prescribed rates at the earlier of debiting the buyer's account or receipt of payment. Collected tax must be remitted to government within seven days, certified to the buyer within ten days, treated as tax paid for the buyer on production of the certificate, and non-payment or non-collection renders the seller liable for tax, interest and assets charge, subject to limited exemptions by assessing officer certificate.
29/88-CX.3 - 24-11-1988 Central Excise
Central Excise - Chapter 27 - Raw Naphtha used in petro-chemicals - Notification No. 75/84-CE., dated 1-3-1984, as amended, (Sr. No. 3) Scope of - Clarification regarding
Show AI Summary
Concessional duty on raw naphtha clarified to apply when intended for specified petrochemical products despite incidental by products.
The Ministry's prior instruction that raw naphtha procured for manufacture of specified petrochemical products is to be deemed wholly used for those products - and thus eligible for concessional duty even if incidental by products arise - continues to apply where the earlier notification has been incorporated into a later notification at the same serial entry. Field formations must be advised and pending assessments finalised on this basis.
28/88-CX.3 - 24-11-1988 Central Excise
Central Excise - Whether production of duty paying documents should be insisted upon while granting exemption contained in Sr. No. 38 of Notification No. 132/86 and Sr. No. 39 of notification No. 53/88-C.E
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Duty-paid evidence requirement relaxed - documentary proof not routinely required for plastic-articles exemption under applicable guidance.
Exemptions conditional on inputs being duty-paid do not ordinarily require documentary proof in each case; proof should be demanded only if the officer is not satisfied with the genuineness of the claim. Earlier administrative instructions in F.No. 13/93/82-CX.1 apply mutatis mutandis to the specified exemptions, and pending assessments should be finalised following these guidelines.
12/88-CX-4 - 24-11-1988 Central Excise
Classification or resin binded glass wool - Regarding
Show AI Summary
Classification of resin-bonded glass wool affirmed as mats under the excise tariff, attracting applicable excise duty.
Resin binded glass wool formed as mats is classifiable as glass wool under the relevant tariff heading and attracts excise duty under the applicable notification; the Department found no genuine divergence in assessment practice and issued an administrative clarification requiring uniform classification and assessment for central excise purposes.
60/88 - 21-11-1988 Central Excise
Tolerance limit to be prescribed in case of processed fabrics as per Notification Nos. 4/88 and 5/88, dated 19-1-1988 - Suggestion regarding
Show AI Summary
Processed fabric measurements: declare actual post-processing weight and width for excise assessment; no tolerance limit prescribed.
Declarations and assessments must be based on the actual weight and width of processed man-made fabrics as shown in classification lists and price lists; because duty rates apply to processed fabrics, no tolerance limit need be prescribed and assessments should follow the declared processed measurements.
Alumina Balls/rings used as carrier for catalyst in fertilizer industry
Show AI Summary
Tariff classification: alumina catalyst carrier balls/rings classified as ceramic wares, attracting central excise duty under ceramic goods heading.
Alumina balls and rings used as carriers for catalysts in the fertilizer industry are not classifiable under sub heading 2804.90; they are ceramic articles falling under sub heading 6907.00 of the Central Excise Tariff as ceramic wares for laboratory, chemical or other technical uses and attract central excise duty under that ceramic wares heading.

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