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Circulars
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Electronic filing and Issuance of Preferential Certificate of Origin (CoO) for India’s Exports under India-Mercosur PTA and India-Thailand EHS w.e.f. 25th February 2021
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Preferential Certificate of Origin electronic issuance expanded to include India Mercosur and India Thailand, mandating digital submissions and DSC.
Electronic issuance of Preferential Certificate of Origin (CoO) is extended to India Mercosur and India Thailand trade agreements via the e CoO platform as the exclusive channel; the system will produce existing CoO copies plus an electronic copy with the issuing officer's image signature and agency stamp. Manual applications on or after the effective date must not be submitted. Applicants must use a Digital Signature Certificate (Class II or III) with the IEC embedded, register on the portal to receive credentials, and ensure IEC details in the DGFT database are current.
Pre-Expiry Margin on commodities under Alternate Risk Management Framework
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Pre-expiry margin increases on susceptible cash-settled commodity contracts to incentivize open interest reduction as expiry nears.
Pre-expiry margins shall be imposed on cash-settled commodity contracts identified as susceptible to near-zero or negative prices under the Alternate Risk Management Framework; these margins will be levied during the last five trading days prior to expiry and will increase by a fixed daily percentage each day, to be applied by exchanges and clearing corporations, effective from the first trading day of April.
Clarification in respect of applicability of Dynamic Quick Response (QR) Code on B2C invoices and compliance of notification no.- 429/XI-2-9(47)/17U.P. Act-1-2017-Order-(107)-2020 Dated 30.04.2020
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Dynamic QR Code requirement for B2C invoices: invoiced QR or recorded payment cross reference qualifies as compliance.
Clarifies that the Dynamic QR Code requirement applies to B2C tax invoices issued by registered persons exceeding the turnover threshold, with specified exclusions (certain service providers, OIDAR, and exports treated as B2B). The QR must be scannable and contain supplier GSTIN, UPI ID, bank account/IFSC, invoice number/date, total value and GST breakup. An invoice bearing the QR or an invoice with a payment cross reference (transaction id, date, time, amount, payment mode) is deemed compliant; pre paid supplies are compliant if payment cross references appear, while post invoice payments require the QR on the invoice. E commerce and payment app transactions are addressed similarly, but individual supplier responsibility remains.
Instructions under section 119 of the Income-tax Act, 1961 read with section 6 and section 84 of Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 regarding handling of Income-tax cases and Black Money cases.
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Jurisdiction transfer under Black Money Act directs centralisation of income-tax cases to central charges for coordinated handling.
Directs transfer of Black Money Act matters to Central Charges by competent jurisdictional authorities via orders under section 127 of the Income-tax Act; requires identification of parallel Income-tax proceedings including those under faceless regimes, coordination with NeAC/NFPC to return matters where necessary, and sending copies of transfer orders to the National Faceless Appeal Centre to facilitate transfer of appeals. Upon transfer, jurisdiction for the Black Money Act vests with the Central Charge, and designated officers in Central Charges shall perform Assessing Officer functions for transferred cases.
Guidelines for provisional attachment of property under section 83 of the CGST Act, 2017
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Provisional attachment of property to protect revenue requires recorded Commissioner opinion and may be contested and released administratively.
Provisional attachment under section 83 requires a recorded opinion by the Commissioner that attachment is necessary to protect Government revenue during specified pending proceedings, based on due diligence of facts and prima facie evidence. Attachment is ordered by FORM GST DRC-22, served on the taxable person and relevant authorities, and may be contested by objection and hearing; release is by FORM GST DRC-23. Attachments last one year unless earlier released, must approximate the estimated liability, favour immovable property to avoid business disruption, and include special rules for perishable goods, co-owned shares and statutory exemptions.
Clarification in respect of applicability of Dynamic Quick Response (QR) Code on B2C invoices and compliance of notification 14/2020- Central Tax dated 21st March, 2020
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Dynamic QR Code requirement for B2C invoices - QR content and payment cross references determine compliance.
Notification requiring Dynamic QR Code applies to B2C tax invoices issued by registered persons above the turnover threshold, excluding specified service providers, OIDAR supplies by IGST registered persons, and export supplies treated as B2B. The Dynamic QR Code must include supplier GSTIN, UPI ID, bank account and IFSC, invoice number and date, total invoice value and GST breakup, and enable digital payment. An invoice is deemed compliant if it contains the Dynamic QR Code or, alternatively, if the supplier records on the invoice a cross reference of the payment (transaction id or cash reference with date); post invoice payments require the supplier to provide the QR Code.
Clarification in respect of applicability of Dynamic Quick Response (QR) Code on B2C invoices and compliance of Notification No. 06/2020-State Tax dated 23rd March, 2020
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Dynamic QR Code on B2C invoices required for eligible suppliers; payment cross references and electronic modes deemed compliant.
The circular clarifies that the Dynamic QR Code requirement applies to B2C tax invoices issued by registered suppliers exceeding the aggregate turnover threshold in any financial year from 2017 18, excluding specified service categories, OIDAR supplies by IGST registered persons, and supplies treated as exports subject to e invoicing. It prescribes QR content (GSTIN, UPI ID, bank account/IFSC, invoice number/date, total value, GST breakup) and confirms that an invoice is deemed compliant where the dynamic QR is displayed or where the supplier records a payment cross reference on the invoice; electronic payment modes capturing transaction details are similarly acceptable, while post invoice payments require the QR code to be provided.
Standard Operating Procedure (SOP) for implementation of the provision of suspension of registrations under sub-rule (2A) of rule 21A of GGST Rules, 2017
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GST registration suspension addresses significant return anomalies, requiring taxpayer explanation before cancellation proceedings are dropped or registration is cancelled.
Suspension of GST registration under rule 21A(2A) applies where return comparisons or other prescribed analysis disclose significant anomalies indicating contravention potentially leading to cancellation. Taxpayers receive reasons for suspension and a cancellation notice, and must reply within thirty days through FORM GST REG-18. Following examination of the reply or expiry of the response period, the proper officer may drop proceedings and restore active status through FORM GST REG-20, or cancel registration through FORM GST REG-19. Suspension may be revoked pending detailed verification and recovery, without preventing fresh cancellation proceedings where warranted.
Clarification regarding payment of Agriculture Infrastructure and Development Cess (AIDC) by EOU under various situations and amendment to Circular no. 35/2016-Customs dated 29.07.2020
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AIDC exemption suspended where EOU basic customs duty relief is denied, requiring AIDC payment and monthly reporting.
Imports by EOUs enjoying BCD exemption under the EOU notification were notified as exempt from the Agriculture Infrastructure and Development Cess (AIDC), but where BCD exemption is denied or repaid-on DTA clearance of finished goods, inputs, capital goods, reusable packing, leftover textiles, exit from the scheme or breach of conditions-the corresponding AIDC exemption is also denied and AIDC must be paid in the same manner as the recovered BCD. Revised monthly digital Form A is mandated to monitor receipts, removals, returns and balances of such imported goods.
Policy and Guidelines for setting up of Inland Container Depots (ICDs), Container Freight Stations (CFSs) and Air Freight Stations (AFSs)
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Application cutoff for inland freight facility approvals ensures quarterly processing and structured reporting by jurisdictional commissioners.
The circular revises the approvals process for ICDs/CFSs/AFSs by moving IMC review to a quarterly cycle with fixed cut off dates, deadlines for comments from IMC and customs formations, issuance of meeting notices and meeting dates. Jurisdictional Principal Commissioners/Commissioners must submit objective, itemised evaluations using Annexure A, which details entity characteristics, zone classification, connectivity, capacity and utilization, projections, manpower and land requirements, ownership, prior experience, DPR verification, exceptions and a clear recommendation.
Standard Operating Procedure (SOP) for implementation of the provision of suspension of registrations under sub-rule (2A) of rule 21A of HPGST Rules, 2017
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Suspension of registration for detected GST return discrepancies requires an online explanation to avoid cancellation proceedings.
Immediate suspension of registration may be imposed where return comparisons reveal significant discrepancies indicating contravention of the HPGST Act or rules; suspension is communicated electronically in FORM GST REG-31 or via dashboard notice in FORM GST REG-17 and taxpayers must reply online in FORM GST REG-18 within the prescribed period addressing anomalies, after which the proper officer may revoke suspension in FORM GST REG-20 or cancel registration in FORM GST REG-19 following examination.
Issuance of Certificate of Origins (Non-Preferential) [CoOs(NP)] through Common Digital Platform(CDP)
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Certificate of Origin online issuance shifts to digital platform, issued on exporter declaration with documents retained for later verification.
Non-preferential Certificates of Origin will be issued through a Common Digital Platform on the basis of the exporter's declaration without immediate document scrutiny; uploaded invoices and prescribed documents will be retained for possible later verification. A uniform administrative fee will apply to each certificate. Manual applications may be accepted until the transition date, after which online submission will be mandatory.
Regarding exchange of enforcement intelligence information and legal action against successor firms of bogus/non-existent firms
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Enforcement Alert System routes intelligence on bogus firms and successor firms through a centralized departmental module.
Enforcement intelligence relating to bogus or non-existent firms and their successor firms is to be exchanged through the departmental Enforcement Alert System module. Where inspection reveals a firm to be non-existent or bogus, information for further legal action against the relevant successor firms must be routed through the module rather than by manual communication, so that collection, monitoring, and reporting remain centralized on the departmental platform.
Standard Operating Procedure (SOP) for implementation of the provision of suspension of registrations under rule 21A(2A) of UPSGST Rules, 2017
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Suspension of registration for GST return discrepancies triggers a statutory response period and potential cancellation.
Suspension of registration is triggered when reconciliation of returns and GSTR-1 data or other analyses show significant discrepancies indicating contravention and revenue threat; an electronic intimation with reasons is issued (via FORM GST REG-31 or, until functionality exists, as FORM GST REG-17 on the portal). The suspended taxpayer must reply within thirty days in FORM GST REG-18 and may file outstanding returns where non-filing is the cause. The proper officer will examine the reply and may revoke suspension in FORM GST REG-20 or cancel registration in FORM GST REG-19, with tasks and nodal notifications managed via officer dashboards.
IGST refunds on exports-extension in SB005 alternate mechanism
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IGST refund facilitation: permanent officer interface allows SB-005 invoice corrections to unblock refunds, subject to a payable fee.
Exporters may correct SB-005 invoice mismatch errors for all past shipping bills via the Officer Interface to resolve IGST refund holds, subject to a specified fee and following procedures in prior circulars; this facility is now made available on a permanent basis and the Levy of Fee (Customs Documents) Regulations, 1970 amended by Notification No.17/2021 to reflect the fee.
Standard operating procedure (SOP) for implementation of the provision of suspension of registrations under sub-rule (2A) of rule 21A of the CGST Rules, 2017
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Suspension of GST registration requires a 30-day portal reply; officer may revoke suspension or proceed to cancellation.
Suspension under sub-rule (2A) of rule 21A is triggered by significant discrepancies in return comparisons indicating contravention and revenue risk. A system intimation/notice (FORM GST REG-31 or interim FORM GST REG-17 on dashboard) states reasons and requires the taxpayer to reply within thirty days in FORM GST REG-18 via the portal, including filing overdue returns or meeting specified requirements. The proper officer, after review or on expiry of the reply period, may revoke suspension by FORM GST REG-20 or cancel registration by FORM GST REG-19; nodal officers receive lists for action.
Streamlining of Customs post Clearance Audit (PCA) work — Instructions
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Customs post-clearance audit procedures streamlined with mandatory timelines, new reporting formats, monitoring and supervisory requirements.
The Board restructures Customs Post Clearance Audit into Transaction Based, Premise Based and Theme Based audits with directives to clear historical TBA pendency by 30.09.2021, commence Export PCA from 01.04.2021, adopt new MIS formats CUS PCA 1 to CUS PCA 4 uploaded to the DDM portal, require monthly uploads by the 10th, establish Post Audit Compliance Cells in every Commissionerate, hold prescribed half yearly and monthly review meetings, and mandate zonal scrutiny of 5% of audit reports with improved quarterly bulletins.
Remittances to International Financial Services Centres (IFSCs) in India under the Liberalised Remittance Scheme (LRS)
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Remittances to IFSCs under the Liberalised Remittance Scheme now permitted for IFSC securities investment, subject to compliance.
Resident individuals are permitted to remit under the Liberalised Remittance Scheme (LRS) to make investments in securities within International Financial Services Centres (IFSCs) in India via AD Category I banks; investments must be in securities of IFSC entities only. Individuals may open non interest bearing Foreign Currency Accounts in IFSCs for such investments, subject to prompt repatriation of idle funds to domestic INR accounts and prohibition on using FCAs for domestic transactions. AD Category I banks must ensure compliance with LRS terms, reporting requirements and FEMA regulations, with contraventions addressed under RBI compounding rules.
Extension of Board's Circular No. 12/2018-Customs dated 29.05.2018 for sanction of pending IGST refund claims where the records have not been transmitted to ICEGATE due to GSTR-1 and GSTR- 3B mismatch error
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IGST refund mismatch relief extended to pending shipping bills; CA certificate timelines and zonal reporting obligations imposed for affected financial years.
The Board extends the interim solution in Circular Nos. 12/2018 and 25/2019 to subsequent shipping bills, allowing sanction of pending IGST refunds stalled due to GSTR-1/GSTR-3B mismatch; taxpayers must provide CA certificates evidencing no discrepancy between refunded and paid IGST for the extended periods, and Customs zones must report GSTINs that have not submitted such certificates.
Introduction of online e-Certificate Management System for Imports
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Electronic Certificate Management: import certificates must be filed and issued electronically with QR code and UDIN for verification.
Mandated online submission and processing of specified import certificate applications via the DGFT importer/exporter dashboard; certificates will be issued electronically with a QR code and a Unique Document Identification Number (UDIN) for electronic verification, with the process designed to be paperless and contactless though attested paper copies may be requested from the jurisdictional DGFT Regional Authority.

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