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    Instructions regarding Standard Operating Procedure on filing of appeals to High Court under section 260A and related matters
    Clarification on applicability of provisions of Section 108A to 108I of the Companies Act, 1956
    Clarification in respect of General Circular No: 2/2011 dated 8th February, 2011
    Difficulties faced by Service Tax Assessees in e-filling of Service Tax Returns
    Review of the policy on Foreign Direct Investment- Allowing FDI in Limited Liability Partnership firms-amendment to paragraphs 2.1, 3.3.5 and 3.3.6 of...
    Review of the policy on Foreign Direct Investment- Allowing FDI in Limited Liability Partnership firms-amendment to paragraphs 2.1, 3.3.5 and 3.3.6 of...
    Service tax on escort charges collected by the State Police from various clients under Security Service
    Hedging IPO flows by Foreign Institutional Investors (FIIs) under the ASBA mechanism
    Forward cover for Foreign Institutional Investors – Rebooking of cancelled contracts
    Anti-Money Laundering (AML) standards/Combating the Financing of Terrorism (CFT) Standards - Cross Border Inward Remittance under Money Transfer Servi...
    Anti-Money Laundering (AML) standards/Combating the Financing of Terrorism (CFT) Standards - Money changing activities
    Anti-Money Laundering (AML) standards/Combating the Financing of Terrorism (CFT) Standards - Cross Border Inward Remittance under Money Transfer Servi...
    Anti-Money Laundering (AML) standards/Combating the Financing of Terrorism (CFT) Standards - Money Changing Activities
    Green Initiative in the Corporate Governance-Issue of Certificate by Digital Signature.
    Green Initiative in the Corporate Governance- Participation by directors in meetings of Board/ Committee of directors under the Companies Act, 1956 th...
    Green initiative in the Corporate Governance – Participation by Shareholders in general meetings under the Companies Act, 1956 through electronic mo...
    Option to hold units in demat form
    Amendment in Procedure of Tariff Rate Quota Scheme.
    Certification of e-Forms under the Companies Act, 1956 by practicing professionals
    Regarding SEZ – Service Tax Refund
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Instructions regarding Standard Operating Procedure on filing of appeals to High Court under section 260A and related matters
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Substantial Question of Law: High Court appeals require clear SQL framing, rigorous scrutiny reports and strict SOP timelines.
Instructions prescribe an SOP for filing appeals to the High Court under section 260A, assigning the CCIT authority to decide contesting ITAT orders after considering scrutiny reports and recommendations from CIT and Range Head, and requiring the CIT to ensure timely filing and follow up. Annexure I sets a detailed timeline for each stage from receipt of ITAT order to filing; Annexure II prescribes a multi part scrutiny report to identify issues, tax effect and any Substantial Question of Law; judicial folder management, vetting of appeal memos, coordination with Standing Counsel, and monitoring registers and quarterly reporting are mandated.
30/2011 - 23-05-2011 Companies Law
Clarification on applicability of provisions of Section 108A to 108I of the Companies Act, 1956
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Redundancy of sections 108A-108I confirmed; provisions tied to the repealed MRTP Act no longer have legal force.
Following repeal of the MRTP Act, 1969, the Ministry of Corporate Affairs, in consultation with the Ministry of Law & Justice, has determined that provisions of the Companies Act enacted to implement MRTP-related requirements-together with applicability and definitional clauses tied to the MRTP framework-have become redundant and no longer have legal force.
22/2011 - 22-05-2011 Companies Law
Clarification in respect of General Circular No: 2/2011 dated 8th February, 2011
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Exemption under section 212(8): companies must meet all circular conditions, including unlisted entities, to claim benefit.
Companies seeking the exemption under section 212(8) must fulfil all conditions set out in General Circular No. 2/2011, including condition (ii), even if they are unlisted. The Ministry, while acknowledging SEBI's limited scope, requires this administrative condition to ensure transparency where subsidiary balance sheets are not attached to the parent company's accounts.
Difficulties faced by Service Tax Assessees in e-filling of Service Tax Returns
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Account blocking and authentication safeguards in e filing: support, facilitation centres, and automated password regeneration follow procedural safeguards.
A national ACES Service Desk handles e filing complaints by phone and email with ticketing and escalation; taxpayers should attach .xml files when reporting. ACES Certified Facilitation Centers may act for assessees to perform registration, returns and filings for prescribed charges. Learning Management Software and user manuals are available online. Jurisdictional Range Officers can update email IDs, regenerate TPINs/passwords and unblock accounts locked after failed authentication, and an automated password regeneration system using registration details and security answers is being implemented.
Review of the policy on Foreign Direct Investment- Allowing FDI in Limited Liability Partnership firms-amendment to paragraphs 2.1, 3.3.5 and 3.3.6 of ‘Circular 1 of 2011 - Consolidated FDI Policy’
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FDI in LLPs permitted subject to sectoral automatic-route eligibility and strict governance, compliance, and investment restrictions.
Permits Foreign Direct Investment in LLPs only where the LLP operates in sectors allowing 100% FDI under the automatic route without FDI-linked performance conditions, via the Government approval route. LLPs with FDI cannot engage in agricultural/plantation activities, print media or real estate, nor make downstream investments. Foreign institutional and venture capital investors are barred and LLPs cannot access external commercial borrowings. Foreign capital must be by cash inward remittance or debit to specified foreign currency accounts. Designated partners bear compliance obligations and liability; corporate designated partners must be Indian companies. Conversion of a company with FDI into an LLP requires prior government approval.
Review of the policy on Foreign Direct Investment- Allowing FDI in Limited Liability Partnership firms-amendment to paragraphs 2.1, 3.3.5 and 3.3.6 of ‘Circular 1 of 2011 - Consolidated FDI Policy’
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Foreign direct investment in LLPs permitted subject to automatic-route sector eligibility and designated partner compliance requirements.
FDI in LLPs is permitted only for LLPs operating in sectors where 100 per cent FDI is allowed via the automatic route and without FDI-linked performance conditions, and such FDI must be through the Government approval route. LLPs with FDI are prohibited from agricultural/plantation activity, print media and real estate, cannot make downstream investments, and may not receive investment from FIIs or FVCIs or access ECBs. Foreign participation must be by cash inward remittance or debit to permitted foreign currency accounts; designated partners must satisfy residency definitions and bear compliance responsibility. Conversion of a company with FDI into an LLP requires prior approval and compliance.
Service tax on escort charges collected by the State Police from various clients under Security Service
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Service tax on escort charges: police-provided escort services to banks are taxable as Security Agency service.
Service tax is leviable on escort charges collected by State Police from banks for cash escort services as taxable Security Agency service, because such compensated escort services are not statutory or sovereign functions and may be treated as services provided to external persons under the Finance Act; formations are directed to safeguard revenue accordingly.
Hedging IPO flows by Foreign Institutional Investors (FIIs) under the ASBA mechanism
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Hedging IPO flows: FIIs may use foreign currency-rupee swaps for ASBA subscriptions under specified amount and tenor limits.
FIIs are permitted to use foreign currency-rupee swaps solely to hedge transient IPO-related flows under the ASBA mechanism, subject to limits: swap amount must not exceed the proposed IPO investment, tenor is limited to thirty days, cancelled contracts cannot be rebooked and rollovers are not permitted. AD Category I banks must convey the circular to constituents; directions are issued under the foreign exchange statutory framework with separate amendments to the derivatives regulations to follow.
Forward cover for Foreign Institutional Investors – Rebooking of cancelled contracts
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Forward cover limits for Foreign Institutional Investors increased, permitting broader rebooking of cancelled contracts under the FEMA framework.
FIIs are authorised to cancel and rebook forward cover contracts up to an enhanced threshold of ten per cent of the market value of the portfolio as at the beginning of the financial year; other operational guidelines and terms and conditions remain unchanged. AD Category I authorised dealer banks must inform their constituents and customers. The direction is issued under the Foreign Exchange Management Act and is without prejudice to other statutory permissions or approvals.
Anti-Money Laundering (AML) standards/Combating the Financing of Terrorism (CFT) Standards - Cross Border Inward Remittance under Money Transfer Service Scheme
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AML/CFT compliance: Indian agents must apply FATF guidance for cross-border remittances and inform customers accordingly.
Indian agents under the Money Transfer Service Scheme must consider the FATF Statement identifying jurisdictions with strategic AML/CFT deficiencies for cross-border inward remittances, notify constituents and customers of its contents, and have their Principal Officer acknowledge receipt; non-compliance with the prescribed guidelines attracts applicable penal and regulatory consequences.
Anti-Money Laundering (AML) standards/Combating the Financing of Terrorism (CFT) Standards - Money changing activities
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Anti-Money Laundering standards: money changers must consider FATF jurisdictional deficiencies and notify customers, with principal officer acknowledgement.
Authorised persons in money changing activities are directed to consider the FATF Statement identifying jurisdictions with strategic AML/CFT deficiencies, to notify their constituents and customers of the Statement, and to have the Principal Officer acknowledge receipt; the circular is issued under FEMA and the PMLA framework and non compliance may attract penal provisions under those schemes.
Anti-Money Laundering (AML) standards/Combating the Financing of Terrorism (CFT) Standards - Cross Border Inward Remittance under Money Transfer Service Scheme
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Anti Money Laundering standards: apply FATF counter measures to cross border remittances and ensure due diligence and reporting.
Authorised persons under the Money Transfer Service Scheme must apply counter measures for identified ML/TF risks in specified jurisdictions, notify constituents and customers of FATF guidance, obtain Principal Officer acknowledgement, and implement due diligence, recordkeeping and reporting; non compliance attracts applicable penal consequences under the governing statutes and rules.
Anti-Money Laundering (AML) standards/Combating the Financing of Terrorism (CFT) Standards - Money Changing Activities
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Anti-Money Laundering measures: apply FATF-recommended counter-measures and strengthen AML/CFT controls for cross-border money-changing risks.
Authorised dealers and money-changing Authorised Persons must consider the FATF statement and apply protective counter-measures, inform constituents and customers, ensure Principal Officer acknowledgement, and maintain AML/CFT controls and records as required under the Foreign Exchange Management Act and the Prevention of Money Laundering framework; non-compliance may attract penal provisions.
29/2011 - 20-05-2011 Companies Law
Green Initiative in the Corporate Governance-Issue of Certificate by Digital Signature.
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Digital signature recognition enables electronic issuance of registrar certificates, replacing manual signed physical certificates for corporate compliance.
The initiative authorizes that all certificates and standard letters issued by the Registrar of Companies shall be issued electronically under the Registrar's digital signature, equating the digital signature with the traditional requirement of the Registrar's manual signature and official seal, thereby validating paperless compliances through electronic mode.
28/2011 - 20-05-2011 Companies Law
Green Initiative in the Corporate Governance- Participation by directors in meetings of Board/ Committee of directors under the Companies Act, 1956 through electronic mode.
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Participation by directors through electronic mode permitted with procedural safeguards ensuring quorum, verification, and minutes retention.
Directors may participate in Board or Committee meetings through electronic mode (audio visual video conferencing) provided companies comply with IT Act provisions and specified procedures: notices must offer video participation and obtain attendance confirmations; chairman/secretary must safeguard video integrity, conduct roll calls recording name, location and communication ability, certify quorum, prepare minutes and preserve video recordings, and ensure statutory registers and directors' consents for deemed signatures are secured.
27/2011 - 20-05-2011 Companies Law
Green initiative in the Corporate Governance – Participation by Shareholders in general meetings under the Companies Act, 1956 through electronic mode.
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Electronic participation via video conference allows shareholder attendance but statutory meeting place and physical quorum must remain enforced.
Shareholders may participate in general meetings through electronic mode via video conference; companies must notify shareholders of access, and the chairman and secretary must safeguard meeting integrity, ensure proper equipment, prepare minutes, restrict attendance to the concerned shareholder or proxy, and manage any interrupted communications. Statutory meeting place and physical quorum requirements remain applicable, and listed companies are encouraged to provide multiple video conferencing locations while using secured electronic voting platforms.
Option to hold units in demat form
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Option to hold units in demat form: mutual funds must enable allotment to demat accounts and disclose correct ISINs.
Mutual funds must offer investors the option to receive allotment of units in demat form across all scheme types by providing a demat account field in subscription forms; AMCs must obtain and quote the correct ISIN for each option of every scheme alongside the scheme name in all Statements of Account/Common Account Statements to prevent dematerialisation rejections and facilitate transfers.
Amendment in Procedure of Tariff Rate Quota Scheme.
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Tariff Rate Quota Scheme amended to zero concessional duty for a listed item and relaxed actual user requirement.
The TRQ Scheme is amended to retitle the items table, change the concessional rate for the listed item at Sr. No. 2 to 0%, extend the application deadline for quota year 2011-12 (except milk) to 15 June 2011 with EFC finalisation within 15 days, add ANF2B option 14C for TRQ applications, and insert guideline 3c limiting completion of rows 12 and 13 to actual users; the Actual User condition is no longer mandatory and maize imports are permitted duty-free.
26/2011 - 18-05-2011 Companies Law
Certification of e-Forms under the Companies Act, 1956 by practicing professionals
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Certification of e-Forms now includes XBRL financial statement filings requiring practitioner certification under Companies Act
The corrigendum clarifies that certification of electronic filings under the Companies Act includes practitioner certification of Financial Statements filed in Extensible Business Reporting Language (XBRL) mode, thereby bringing XBRL submissions within the framework requiring practising professionals to certify e-Forms as amended to paragraph two of the earlier circular.
Regarding SEZ – Service Tax Refund
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Service tax refund for SEZ supplies: refund route and limited upfront exemption require UAC approval and documentation.
Refund is the default mechanism for service tax on services to SEZ Units/Developers under Notification 17/2011-ST, with upfront exemption limited to services wholly consumed in authorised SEZ operations. Refund claims use Table-A of Form A-2; exclusive-use services require invoice designation, UAC approval, and accounting evidence. Shared services attract proportionate refund calculated by reference to total turnover (including DTA), and unrecovered proportions may be availed as cenvat credit by DTA units. Declaration in Form A-1, original invoices, and separate accounts for consolidated claims are required.

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