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Circulars
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Security Agency's Service – CISF provide security service to several other properties including those owned by public sector companies and state governments
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Security Agency's Service exempted retrospectively for CISF-provided security services, relieving recipients from past service tax liability.
Services provided by the Central Industrial Security Force are taxable as Security Agency's Service under the Finance Act; the Central Government, invoking statutory powers, granted a complete exemption from service tax for CISF-provided security services in relation to Security Agency's Service for the period 16 October 1998 to 31 March 2009, thereby relieving taxa liability for that retrospective period.
Establishment of Connectivity with both depositories NSDL and CDSL – Companies eligible for shifting from Trade for Trade Settlement (TFTS) to normal Rolling Settlement
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Dematerialization requirement enables shift from Trade for Trade to Rolling Settlement when majority non promoter holdings are dematerialized.
The circular permits shifting listed securities to normal Rolling Settlement where companies have established connectivity with both depositories, subject to the condition that a majority of non promoter holdings are held in dematerialized form. Certification of dematerialisation must be provided by the Registrar and Transfer Agent or, if none exists, by a practicing Company Secretary or Chartered Accountant. Exchanges must ensure no other grounds justify continued Trade for Trade Settlement and must report the action taken in their periodic development reports.
Trade in Border Haats across the border at Meghalaya between Bangladesh and India. .
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Trade in Border Haats: permitted locally produced commodities and vendor eligibility under the India Bangladesh MOU.
Permitted trade at Baliamari-Kalaichar and Lauwaghar-Balat Border Haats under the MOU includes specified locally produced vegetables, food items, fruits, spices, minor forest produce (excluding timber), cottage industry products, small agricultural implements, garments and processed items; locally produced means produce of the concerned border district and commodity clarifications are to be made by the Haat Management Committee, while vendors must be residents within a five kilometre radius and immediate consumption items may be allowed by the Committee.
Conditions and modalities for registration of contracts of cotton waste including yarn waste and garneted stock [ITC(HS) Code 5202] with DGFT.
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Export registration requirement for cotton waste: contracts must be registered and shipments completed within the prescribed period to avoid penalties.
Export of cotton waste (ITC(HS) Code 5202) is free but subject to registration of export contracts with DGFT Regional Authorities; applicants must submit the export contract with proof of payment (irrevocable LC, full advance remittance evidence, or minimum advance with CAD), a signed Declaration/Undertaking, and copy of IEC. Shipments must be completed within the prescribed period and proof of export furnished to the RA, failing which debarment and penal action under the Foreign Trade (D&R) Act may follow.
Clarification regarding import of Fuel under Advance Authorisation / DFIA Scheme.
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Import of Fuel entitlements clarified: rules differ when fuel is main raw material versus additional input.
Clarification states that when fuel is an additional input entitlement follows the General Note for Fuel; when fuel is the single or basic raw material entitlement must follow SION or, in non SION cases, adhoc procedure under paragraph 4.7 with final adjustment by adhoc norms or SION set by the Norms Committee.
Regarding continuation of DEPB scheme for three months beyond 30.06.2011 i.e. upto 30.09.2011.
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DEPB scheme continuation preserves exporter eligibility; customs must record or manually endorse let export orders to protect entitlements.
Continuation of the DEPB scheme preserves eligibility for DEPB scrip issuance where consignments have a Let Export Order as defined under section 51 of the Customs Act. Customs officers must promptly enter Let Export Orders on the EDI system for consignments fit for export by the cut-off, and manually endorse shipping bills with Let Export Order if system problems occur, to protect exporters' entitlement to DEPB benefits.
Master Circular on Foreign Investment in India.
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Foreign Direct Investment rules require prescribed entry routes, pricing, payment methods and mandated reporting and monitoring.
Foreign investment in India is governed by FEMA and the consolidated FDI policy, permitting investment under the Automatic or Government Routes and specifying eligible non-resident investors and instruments (equity, fully and mandatorily convertible preference shares and debentures). Pricing must be determined upfront with prescribed valuation methods; payments must be made by approved banking channels or escrow; shares must be issued within the stipulated retention period or refunded. Sectoral caps and prohibited activities are specified. Extensive reporting and compliance obligations apply, including prescribed forms for fresh issues, transfers and conversions, and monitoring by AD banks and the Reserve Bank.
Master Circular on Money Transfer Service Scheme.
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Anti Money Laundering compliance: MTSS agents must implement risk based KYC, reporting, and Principal Officer oversight immediately.
The Circular sets the MTSS regulatory regime permitting only inward personal remittances to individuals, with Reserve Bank authorisation required for Indian Agents and specified eligibility, application, collateral and renewal conditions. It mandates comprehensive risk based KYC/AML/CFT policies, enhanced due diligence for high risk customers and PEPs, appointment of a Principal Officer, strict record retention, and timely CTR/STR reporting to FIU IND; agents remain accountable for sub agents and are subject to inspection and ongoing supervisory reporting to the Reserve Bank.
Master Circular on Memorandum of Instructions governing money changing activities.
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Money changer licensing: RBI consolidates licensing, franchisee, operational, KYC/AML and reporting obligations for authorised money changers.
The Master Circular consolidates RBI instructions for authorised money changers: licensing and net owned funds prerequisites for FFMCs; prior approval requirements for additional branches and franchisee appointments with due diligence, surrender and reporting obligations; operational rules on purchase/sale, payment modes, registers and non-cash settlements; mandated risk-based KYC/AML/CFT measures including appointment of a Principal Officer and mandatory CTR/STR reporting to FIU-IND; concurrent audit, inspection powers and RBI's authority to vary or revoke licences for non-compliance.
Master Circular on Risk Management and Inter-Bank Dealings.
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Risk management for FX derivatives: rules require documented underlying exposures, prudential safeguards and mandatory reporting.
Master Circular consolidates rules on Risk Management and Inter-Bank Dealings, specifying permissible foreign exchange and commodity hedging products, operational safeguards tying derivatives to verified underlying exposures, eligibility and prudential criteria for market-makers and users, prohibitions on certain leveraged and exotic structures, documentation and auditor certification requirements, conditions on cancellation/rebooking and detailed reporting obligations by Authorised Dealers to the Reserve Bank.
Master Circular on Direct Investment by Residents in Joint Venture (JV) / Wholly Owned Subsidiary (WOS) Abroad.
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Direct investment by residents in overseas joint ventures and wholly owned subsidiaries governed by FEMA rules, funding, caps, and reporting.
Consolidated RBI guidance under FEMA 120/2004 governing direct investments by residents in overseas JVs and WOS establishes an Automatic Route (investments up to 400% of net worth, subject to conditions on equity participation, guarantees, valuation and reporting) and an Approval Route for other cases; prescribes permitted funding methods, sectoral compliance (financial services, energy), documentation and valuation norms, reporting via the ODI form with UIN allocation, designated AD bank procedures, obligations to submit APRs and evidence of investment, and operational rules for pledges, guarantees, hedging, write offs and disinvestments.
Master Circular on Export of Goods and Services.
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Export realisation and repatriation - exporters must remit full export proceeds; banks must verify, report and monitor compliance.
Consolidation of RBI and FEMA directions requiring exporters to furnish prescribed export declaration forms (GR/SDF/PP/SOFTEX), and obliging exporters to realise and repatriate full export proceeds to India within prescribed periods. AD Category I banks must verify, process and report export receipts, maintain export bills registers, operate NOSTRO collection and EEFC/DDA/foreign currency accounts under specified conditions, monitor overdue bills, manage extensions and write offs subject to documented evidentiary and prudential safeguards, and follow detailed operational procedures for trade fairs, consignments, consignor dispatches, software invoicing, SEZ/project exports and special settlement mechanisms.
Master Circular on External Commercial Borrowings and Trade Credits.
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External commercial borrowings rules: two routes define borrower eligibility, permitted end uses, maturity and reporting obligations.
The Master Circular consolidates the regulatory framework for External Commercial Borrowings and trade credits, establishing two routes: the Automatic Route for eligible corporates, SEZ units and specified NGOs subject to recognised lender categories, minimum average maturities, all in cost ceilings and defined permitted end uses concentrated on real and infrastructure investment; and the Approval Route for proposals outside automatic limits or special entities subject to Reserve Bank approval. It prescribes security, guarantee restrictions, parking of proceeds, prepayment and refinancing rules, delegation to AD banks for limited post LRN changes, and detailed reporting and disclosure obligations including Loan Registration Number requirements and periodic returns.
Master Circular on Compounding of Contraventions under FEMA, 1999.
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Compounding of contraventions enables voluntary settlement under FEMA, with Reserve Bank administered procedure and referral for serious breaches.
Compounding under FEMA is a voluntary settlement mechanism administered by the Reserve Bank (except clause (a) of Section 3 matters handled by the Directorate of Enforcement). Applications in prescribed form with fee are submitted to the Compounding Authority, which may call for documents, hold personal hearings and conclude proceedings within the prescribed period. The Compounding Order specifies the provisions contravened and the sum to be paid; quantum is determined at the discretion of the Authority based on factors such as unfair gain, loss to the exchequer, repetitiveness and the contravener's conduct. Non-quantifiable, money-laundering, national security or serious regulatory breaches are excluded and referred for investigation.
Master Circular on Import of Goods and Services.
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Import compliance: banks must secure prescribed documentary evidence and apply strict KYC and due diligence before permitting import payments.
Consolidated Reserve Bank instructions require AD Category I banks to ensure imports conform with the Foreign Trade Policy and FEMA, follow UCPDC and KYC/AML norms, obtain prescribed documentary evidence such as Exchange Control copies of Bills of Entry or auditor certificates for imports, and apply commercial judgment and due diligence when permitting advance remittances or special sectoral exceptions, with specified time limits, guarantee requirements, reporting obligations and document preservation duties.
Master Circular on Non-Resident Ordinary Rupee (NRO) Account.
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Non Resident Ordinary Rupee Account rules define permissible credits, debits and repatriation subject to documentary and tax compliance.
The Master Circular consolidates rules for Non Resident Ordinary Rupee (NRO) accounts under FEMA: eligible NRIs/PIOs may open various rupee account types for bonafide transactions; permitted credits include inward remittances, legitimate India sourced income and sale proceeds of assets, while debits include local rupee payments and remittance of current income abroad. Remittance of sale proceeds and balances is allowed subject to documentary proof, an undertaking and a Chartered Accountant certificate in prescribed formats, with specified nationality based restrictions. Operational rules cover account re designation on change of residence, loans/overdrafts against deposits, Power of Attorney operations, tax compliance and reporting obligations for authorised dealers.
Master Circular on Memorandum of Instructions for Opening and Maintenance of Rupee/ Foreign Currency Vostro Accounts of Non-resident Exchange Houses.
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Rupee Vostro account rules require prior approval, restricted uses, collateralised funding and strict KYC and reporting.
Requires prior Reserve Bank approval for AD Category I banks to open and maintain Rupee and foreign currency vostro accounts of non resident Exchange Houses; mandates credit only, non transferable, non interest bearing accounts used solely to channel specified cross border personal remittances and limited trade payments; prescribes DDA, Non DDA and Speed Remittance procedures with auditor/representative oversight, collateral requirements based on vintage of operations, and stringent KYC/AML/CFT, internal controls, periodic inspections and statutory reporting through prescribed statements and an annual board approved review to the Reserve Bank.
Master Circular on Acquisition and Transfer of Immovable Property in India by NRIs/PIOs/Foreign Nationals of Non- Indian Origin.
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Immovable property acquisition rules: conditions, payment routes and repatriation limits govern cross-border property transactions.
The Master Circular consolidates FEMA-based rules governing acquisition and transfer of immovable property by NRIs, PIOs and foreign nationals, specifying that NRIs and PIOs may buy residential and commercial property but not agricultural land, plantation property or farmhouses; payments must be by inward remittance or from specified non-resident accounts; certain acquisitions require Form IPI declaration; repatriation of sale proceeds is conditional on original compliance, limits tied to original foreign exchange outlay or non-resident account balances, production of documentary evidence and tax clearance, and special permissions apply for diplomatic entities and citizens of specified countries.
Master Circular on Establishment of Liaison / Branch / Project Offices in India by Foreign Entities.
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Establishment of foreign liaison, branch and project offices requires Reserve Bank approval and compliance with activity, reporting and closure rules.
Establishment and regulation of foreign entities' offices in India require prior Reserve Bank approval through designated AD Category I banks, assessed via Reserve Bank or Government Routes based on sectoral FDI permission. The RBI considers track record and net worth thresholds, permits letters of comfort from parents for subsidiaries, and assigns a Unique Identification Number; approved offices must obtain PAN. Liaison Offices are limited to non income liaison functions and renewable by AD banks; Branch Offices may undertake specified commercial activities but not retail trading or manufacturing outside SEZ permissions. Project Offices qualify under funding or sanctioning criteria and may maintain restricted foreign currency accounts. Annual Activity Certificates and audited accounts, AD bank scrutiny, and prescribed closure documentation are mandatory for compliance and remittance of profits.
Master Circular on Remittance Facilities for Non-Resident Indians / Persons of Indian Origin / Foreign Nationals.
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Remittance limits for non-residents require bank certification and tax compliance before repatriation is permitted.
Remittance facilities under FEMA permit NRIs/PIOs and certain foreign nationals to remit current income, sale proceeds of assets and salary subject to documentation, tax compliance and Authorised Dealer bank satisfaction. Repatriation of sale proceeds requires evidence of acquisition/inheritance, an undertaking by the remitter and a Chartered Accountant certificate in prescribed formats. Specified annual repatriation limits and nationality based exclusions apply. Authorised Dealer banks must obtain and preserve declarations, ensure transactions do not contravene FEMA, and report suspected contraventions to the Reserve Bank.

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