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Circulars
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Amendment in Para 2.107 (TRQ under FTA/CECA) of Handbook of Procedure 2015-2020.
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Tariff Rate Quotas under India UAE CEPA notified with allocation, eligibility criteria, application timelines, and electronic authorisation requirements.
The Public Notice incorporates Tariff Rate Quotas (TRQs) under India-UAE CEPA into the Handbook and Appendix, specifying tariff reduction schedules and year wise TRQ quantities. It prescribes the import procedure: compliance with the referenced Customs notification, production of Certificate of Origin at clearance, online DGFT application for TRQ authorisations, period bound and non transferable allocations, electronic issuance and transmission of TRQ authorisations to Customs, and special eligibility, documentation and allocation rules for Gold TRQs and specified polymer lines.
Electronic filing and Issuance of Preferential Certificate of Origin (CoO) for India’s Exports under India-UAE Comprehensive Economic Partnership Agreement (India-UAE CEPA) w.e.f. 01st May 2022
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Electronic issuance of Preferential Certificate of Origin enables digital application and QR-based verification for covered exports.
Electronic issuance of Preferential Certificates of Origin under the India-UAE CEPA is effected via the e-CoO platform; certificates on the platform will bear the issuing officer's image signature and issuing agency stamp and include a QR code for electronic verification. The system generates electronic, original and duplicate paper copies; applicants must register and maintain updated IEC details, use a Class III Digital Signature Certificate for submissions, and may access manuals, FAQs and helpdesk support for assistance.
Modification in the Operational Guidelines for Foreign Portfolio Investors, Designated Depository Participants and Eligible Foreign Investors - SEBI to generate FPI registration number and both the Depositories to host the CAF.
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FPI registration number generation centralised by regulator and depositories authorised to host the common application form.
Regulatory amendment mandates that the regulator generate the FPI registration number and that both depositories host the Common Application Form. DDPs must grant certificates of registration bearing the regulator-generated registration number. Name-change procedure is updated so the DDP updates the certificate, issues a letter and fresh registration certificate as acknowledgement, and depositories must enable DDPs to provide such certificates and a statement that the name change is granted without prejudice to tax implications in India.
Amendment of Appendix 2B [List of Agencies Authorised to issue Certificate of Origin (Preferential)] of Foreign Trade Policy, 2015-2020.
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Certificate of Origin (Preferential) authorised agencies listed to issue CoO under India UAE CEPA, specifying product assignments.
DGFT amends Appendix 2B to authorise specified agencies to issue Certificate of Origin (Preferential) for the India UAE CEPA, listing each agency alongside the product categories or SEZ territorial scope assigned to it (ranging from all-products authority to sector-specific mandates for marine products, handicraft, spices and cashew, coir, textiles and clothing, silk products, tobacco, and agricultural products), and notifying that these agencies are empowered to issue preferential CoOs for India UAE CEPA trade.
Reduction of timelines for listing of units of Infrastructure Investment Trust (InvIT)
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Listing timeline reduction for InvIT units accelerates allotment and commencement of trading after issue closure.
The circular shortens the post-issue timeline for InvIT public issues, requiring completion of allotment and listing within six working days from issue closure. It prescribes a T to T+6 schedule assigning duties to stock exchanges, RTAs, SCSBs, investment managers and merchant bankers for bid modification and transmission, fund blocking and certification, technical rejection reconciliation, basis of allotment finalisation and approval, transfer of sponsor assets, credit of units, demat confirmation, unblocking of ASBA funds, and filing of listing application. Applicable to issues opening on or after June 1, 2022.
Reduction of timelines for listing of units of Real Estate Investment Trust (REIT)
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Listing timeline reduction: REIT public issues must complete allotment, demat credit and trading commencement within six working days.
The circular mandates completion of allotment, demat credit and commencement of trading of REIT units within six working days from issue closure, detailing day-by-day obligations: stock exchanges to allow bid modifications and approve allotment basis; RTAs to reconcile electronic bid files, perform technical rejection testing, finalise basis of allotment and obtain demat confirmations; SCSBs to block and transfer funds; managers and merchant bankers to initiate corporate actions, file allotment and demat confirmations and apply for listing. The measure applies to public issues opening on or after June 01, 2022 under the regulator's enacted powers.
Corrigendum - Circular No. -15/2021-GST of State Tax dated 10.03.2022
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Extension of time limit for revocation of cancellation of registration: designated special commissioners to follow prescribed procedure for late applications.
Applications for revocation of cancellation of registration filed beyond sixty days but within ninety days from service of the cancellation order shall be processed by designated Special Commissioners following the SOP steps set out in paragraphs 3.1-3.3 of the original circular mutatis mutandis; other terms and conditions of the original circular continue to apply.
Regarding the exchange of information of fake ITC cases by the non-existent firms found in the investigation and monitoring of follow-up proceedings
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Bogus ITC claims require complete Enforcement Alert System entries, ITC blocking under Rule 86(A), and timely adjudication to monitor recovery.
Disciplinary units must enter details of every non-existent firm and related subsequent firms found after 01-07-2017 into the Enforcement Alert System Module by the deadline; for subsequent firms claiming bogus ITC based on such invoices, authorities must block ITC under Rule 86(A), complete adjudication within prescribed timeframes, and regularly update the module to enable effective monitoring of revenue recovery.
Extension of period for completion of Audit as per the proviso to sub-section (4) of section 65 of the WBGST Act, 2017 for the period starting on or after 1st day of July, 2017 and ending on or before 31st day of March, 2018 in cases where audit has commenced till date.
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Audit completion extension under Section 65 granted due to GSTN portal glitches, new deadline set for affected audits.
Extension of time for completion of audits under the proviso to sub section (4) of section 65 of the WBGST Act, 2017 is granted for audits of the period from 1 July 2017 to 31 March 2018 that have commenced, because technical glitches in the GSTN Back Office portal impede required document upload and communication; such audits are extended until 31 July 2022 by order of the Commissioner, effective immediately.
Extension of Date for Mandatory electronic filing of Non-Preferential Certificate of Origin (CoO) through the Common Digital Platform to 1st August 2022
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Mandatory electronic filing extended; agencies must adopt the online CoO system or face delisting and penalties.
The transition period for mandatory electronic filing of Non-Preferential Certificate of Origin through the Common Digital Platform is extended to 1st August 2022, during which manual/paper processing remains permitted. Authorised issuing agencies must register and adopt the e-CoO platform by that date; failure to use the Online System after 1st August 2022 will attract penal action and may result in de-listing. Guidance and Help Manual are available on the platform landing page, and IT issues should be reported to DGFT.
Implementation of Notification No. 28/2021-Customs dated 24th April, 2021
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Customs exemption for medical oxygen parts preserved where emergency imports were used for intended manufacture and use.
Notification No. 28/2021 exempted customs duty and health cess on oxygen and related equipment, and paragraph 11 extended full exemption to parts of specified medical oxygen equipment subject to IGCR compliance. These instructions state that due to COVID 19 emergency circumstances, procedural non observance of IGCR for emergency imports will not alone defeat the exemption, provided the imported parts were used for manufacture, transport, distribution or storage of oxygen and such use is verifiable from invoices and related documents; the relief applies only to imports under Notification No. 28/2021.
Regarding Registration Verification
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Registration verification compliance directed to curb bogus firms, ensure full verification, and strengthen revenue protection monitoring.
Pending registration verification cases were found to be substantial in the departmental VAT MIS, including recent and earlier registrations, and the delay was considered a serious concern because it may allow bogus firms and cause revenue loss. All Additional Commissioners were directed to ensure 100% completion of registration verification in their zones, regularly review pending matters, and submit fortnightly reports to headquarters, while headquarters would also conduct regular monitoring.
Clarification regarding extension of time limit to apply for revocation of cancellation of registration in view of Notification No. 34/2021-State Tax dated 05.01.2022
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Extension of time to apply for revocation of cancelled GST registration extended to 30 September 2021 with specified extension rules.
Notification No. 34/2021-State Tax extends the due date to 30 September 2021 for filing applications to revoke cancellation of GST registration where the original due date fell between 1 March 2020 and 31 August 2021 and where cancellation occurred under clause (b) or clause (c) of sub section (2) of section 29; the extension applies to unfiled, pending, rejected and appealed cases and officers and appellate authorities must consider the notification when processing or deciding such matters.
Clarifications regarding applicable GST rates & exemptions on certain services
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GST classification of food services clarified: restaurant style cooking treated as restaurant service; ice cream parlors treated as goods.
Cloud and central kitchens that cook and supply food, including takeaway and delivery, are classified as restaurant service and attract the concessional rate without ITC; ice cream parlors selling pre manufactured ice cream are supplies of goods and taxed accordingly. Government funded coaching under the scholarships for students with disabilities is exempt as training fully funded by government. NSIL's satellite launches to recipients outside India qualify as export of services where place of supply rules are met. Overloading charges at toll plazas are treated as toll access charges and exempt. Renting or giving on hire of qualifying vehicles to State Transport Undertakings or local authorities is included within the exemption for such services. Granting mineral exploration and mining rights is classified as licensing services for the right to use minerals and, for the disputed 2017-2018 period, is regarded as taxable at the residuary standard rate. Admission to casinos/race clubs or sporting events is treated under the higher entertainment entry, while admission to amusement parks and rides falls under the other amusement entry; job work for manufacture of alcoholic liquor is excluded from the reduced job work entry for food and taxed at the standard residuary rate.
Application for recognition as Pre-Shipment Inspection Agency (PSIA) and issuance and electronic Verification of Pre-Shipment Inspection Certificate (PSIC)
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Pre-Shipment Inspection Certificate digitalisation mandates online PSIA registration, issuance and public verification to streamline inspection compliance.
All existing PSIAs must register and activate an online PSIA account on the DGFT portal to generate and upload Pre-Shipment Inspection Certificates (PSICs). PSICs must be produced after inspection with required video and photographic evidence. Importers may download PSICs by certificate number and PSIA name without logging in, and Customs may verify PSIC authenticity via the same public access. Amendments to instruments or areas of operation must be filed through the PSIA account. Guidance is available through DGFT help resources and helpdesk channels.
Standard Operating Procedure (SOP) for Scrutiny of returns for FY 2017-18 and 2018-19
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Scrutiny of GST returns for FY2017-18/18-19 uses risk-based selection, ASMT-10 notices, and reconciliation of returns and credits.
Selection of GSTINs for scrutiny is to be risk based using DGARM data; ward in charges act as proper officers to scrutinize returns using system sources (DGARM, GSTN, E Way Bill Portal), issue a compiled FORM GST ASMT-10 per GSTIN for the financial year, quantify discrepancies where possible, accept payment via FORM GST DRC-03 or explanations in FORM GST ASMT-11, conclude by FORM GST ASMT-12 if acceptable, or proceed to determination of tax and referral for audit/investigation where explanations or payments are not satisfactory.
Clarification on certain refund related issues
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Excess electronic cash ledger refunds not subject to time limit; TDS/TCS refundable and deemed export refund date follows supplier return
Refunds of excess balance in the electronic cash ledger are not subject to the time limit in section 54(1) and do not require unjust enrichment certification under the refund rules. TDS/TCS amounts credited to the electronic cash ledger are equivalent to cash deposits, may be used at the taxpayer's choice to discharge liabilities from credit or cash ledgers, and any unutilised amount may be refunded as excess balance. For deemed exports, the relevant date for refund is the date of the return relating to those supplies, typically the supplier's return when the supplier pays the tax.
Clarification in respect of applicability of Dynamic Quick Response (QR) Code on B2C invoices and compliance of G.O. (Ms) No.71, dated 13.4.2020, TN Notfn No.II(2)/CTR/232(h-6)/2020, dated 13-4-2020 [Issue No.158]
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Dynamic QR Code requirement relaxed where payment from overseas recipient is received via RBI approved convertible foreign exchange or permitted INR.
Invoices issued to recipients located outside India for services whose place of supply is in India may be issued without a Dynamic QR Code where payment is received by the supplier in convertible foreign exchange or in Indian Rupees wherever permitted by the RBI, clarifying the substitution of Entry SI. No. 4 of Circular No.14/2021 to remove doubt about applicability when payment is received via RBI approved modes.
Clarification regarding GST rates & classification (goods) based on the recommendations of the GST Council in its 45th meeting held on 17th September, 2021 at Lucknow
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GST classification and rates clarified for specified goods, fixing applicable tax treatment and procedural record requirements.
Clarification of GST classification and rates for a list of specified goods: fresh versus dried fruits and nuts (exemption limited to truly fresh produce), tamarind seeds classed as seeds with a taxable rate when not for sowing, copra excluded from coconut exemption, pure henna products taxed under heading 1404, value added supari and coated cardamom taxed as prepared foods, residues like Brewers' spent grain under heading 2303 attracting concessional rate, all goods under heading 3006 and 3822 covered by the respective concessional entries, original DGH essentiality certificate sufficing for intra-company stock transfers, separate taxation of UPS and external batteries, deemed 70:30 valuation for certain renewable projects, and uniform higher rate for fibre drums with past regularisation.
Revised guidelines for National Risk Management Committee (NRMC) for Customs & GST
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Risk management committee strengthens national and local oversight of Customs and GST risk parameters and analytics-driven interventions.
The National Risk Management Committee (NRMC) is established as a standing national body to review and update risk parameters for Customs and GST, convened by the nodal analytics agency and chaired by the Member (Investigation). It will meet at least annually to advise on risk criteria across import/export, passenger and cargo profiling, post clearance audit and technology adoption (including AI/ML and image analytics), oversee centralised digitised examination orders, and forward recommendations to the Board. Local Risk Management Committees in each Customs and CGST zone will meet quarterly to apply local risk indicators, decide interventions, review alerts and submit minutes to the NRMC secretariat.

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