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    Guidelines for working of valuation cells.
    Printed tinned sheets of Chapter 72 - Eligibility for exemption Notification No. 174/86 - Clarification regarding
    Issue of certificates of TDS under the provisions of the IT Act, 1961--Replacement of the unified Form No. 16 with new Forms Nos. 16, 16A and 16B--Acc...
    Monitoring of Bonds and Bank Guarantees - Instructions thereof
    Central Excise - Problem of 100% Export Oriented units in obtaining CT-3 Forms for seeking excise exemption on the goods purchased from DTA - Simplifi...
    Scope and implementation of Sec.133B.
    Admissibility of Modvat Credit on Sulphuric Acid used in the manufacture of detergent powder - Point No. 24 of 3rd North Zone Tariff Conference held i...
    Filing of Income-tax returns for the assessment year 1991-92--Computation of surcharge on the amount of income-tax--Regarding
    Linking of records with the returns.
    Filing of returns of income u/s 139(1) and interest u/s 234A in case of person claiming exemption u/s11.
    9/91 - 12-06-1991 Central Excise
    Invoice price assessment under Rule 173 (11) of Central Excise Rules in cases of SSI Units availing of exemption under Notifications No. 175/86, 140/8...
    Issue of certificates of TDS under the various provisions of the IT Act, 1961--Replacement of the unified Form No. 16 with new Forms Nos. 16, 16A and ...
    Tax problems of non-resident Indians repatriated from Kuwait
    Scope of Sec.281B.
    Interest u/s 220(2).
    Section 17 of the Income-tax Act, 1961--Valuation of perquisites in the form of reimbursement of medical expenses/provision of medical facilities by a...
    Order under section 9(2)(a) of the Gift-tax Act, 1958--Extension of due date for filing the return of gifts for the assessment year 1990-91 in certain...
    Clarification with respect to scope of Explaination 5 to Sec.271(1)(c) read with Sec.132(4).
    Prima facie adjustments under section 143(1)(a) in respect of disallowance under section 43B of the Income-tax Act, 1961--Nature of evidence to be enc...
    Warehousing of imported plant and machinery at the public bonded warehouse in the inland areas
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Circulars
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Guidelines for working of valuation cells.
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Valuation cell procedures ensure timely referrals, enforce document compliance, and require defence of valuations on appeal.
Valuation Cells must receive all liable case referrals with a maintained register and use enforcement powers to secure documents and levy penalties; work must be prioritised by revenue potential and processed within prescribed time limits. Appellate orders affecting valuation must be supplied to Valuation Cells, whose comments must be incorporated into scrutiny reports and whose officers must defend valuations at appellate hearings. Chief Commissioners and Chief Engineers must ensure timely forwarding, spread of references across the year, adherence to processing timelines, and monthly reporting of delays, while circulating guidance on common valuation errors.
9/91-Cx.4 - 10-07-1991 Central Excise
Printed tinned sheets of Chapter 72 - Eligibility for exemption Notification No. 174/86 - Clarification regarding
Show AI Summary
Classification of printed tinned sheets: varnished-after-printing sheets treated as varnished and eligible for excise exemption.
Printed tinned sheets that are printed and subsequently varnished are to be classified according to the last process under HSN rules and, as varnished sheets, fall within Heading 7210.30 (or Sub heading 7212.30 for narrower sheets). Where printing is incidental to container use, it is not the essential characteristic and the sheets remain classifiable under Chapter 72; such varnished printed sheets are eligible for the exemptions referenced in the circular.
Issue of certificates of TDS under the provisions of the IT Act, 1961--Replacement of the unified Form No. 16 with new Forms Nos. 16, 16A and 16B--Acceptance of TDS certificates in unified Form No. 16 in lieu of Form No. 16B till 31-12-1991
Show AI Summary
Acceptance of old Form 16 permits its use instead of Form 16B for prescribed TDS categories temporarily.
Assessing Officers may accept TDS certificates issued in the old Form No.16 in lieu of Form No.16B for the categories of tax deduction for which Form No.16B has been prescribed; both forms remain valid and tax deductors may use either form, and field officers may sell existing stocks of the old Form No.16.
Monitoring of Bonds and Bank Guarantees - Instructions thereof
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Monitoring of bonds and guarantees: stricter verification, custody and registry rules to secure enforceability and revenue protection.
The circular identifies failures in execution, verification, custody and follow up of bonds and bank guarantees by Custom Houses and prescribes corrective measures: strict compliance with manual procedures, maintenance of prescribed bond registers (CBR CUS. No. 321) and a Forward Diary, acceptance of bonds in presence of an appraiser with verification of bonder authenticity and witness status, spot verification of bank guarantee signatures (with bank confirmation for large amounts), safe custody of original bonds in cash department, monthly audits and pendency abstracts, avoidance of finalisation on photocopies, creation of a common bond cell, prompt enforcement on expiry, and use of computerisation for monitoring.
Central Excise - Problem of 100% Export Oriented units in obtaining CT-3 Forms for seeking excise exemption on the goods purchased from DTA - Simplification thereof - Regarding
Show AI Summary
Pre-authenticated CT-3 booklets simplify excise exemption procurement for export oriented units, with post-issue verification requirements.
The circular prescribes issuance of pre-authenticated CT-3 booklets to export oriented units and redesigns the CT-3 into three parts: Part I for retention by the Central Excise officer of the DTA supplier; Part II to be sent by the unit to the Range Superintendent within twenty-four hours of requisition together with material receipt intimation to enable verification of AR-3A forms and issuance of re-warehousing certificates; and Part III for retention by the unit for record and verification.
Scope and implementation of Sec.133B.
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Survey under section 133B: systematic, publicised surveys using Form 45D to identify new taxpayers and prompt Assessing Officer action.
Section 133B permits authorised income-tax officers to survey business premises and collect information on Form No. 45D to identify new taxpayers. Surveys must be planned, publicised, and executed systematically with written authorisation for teams, end-to-end coverage, and maintenance of a Street/Area Directory recording municipal numbers, occupier details, nature of business and recommended action. Forms requiring follow-up are to be forwarded monthly to range Deputy Commissioners, who will send them to Assessing Officers for initiation of proceedings and register entry, while senior officers perform random checks.
23/91-CX-8 - 28-06-1991 Central Excise
Admissibility of Modvat Credit on Sulphuric Acid used in the manufacture of detergent powder - Point No. 24 of 3rd North Zone Tariff Conference held in New Delhi in November, 1990 - regarding
Show AI Summary
Modvat credit on sulphuric acid clarified: restriction to duty on acid actually consumed upheld under classification rules.
The Board reaffirmed that Modvat Credit on sulphuric acid for detergent manufacture is to be restricted to the duty element on the acid actually consumed in sulphonation, derived by deducting the duty-equivalent of spent acid from duty paid on the concentrated acid or oleum. The Chief Chemist opined that spent acid remains the same product and, aligned with tariff conference views, is classifiable under Heading 2807; nevertheless the Board confirmed the earlier instruction needs no review.
Filing of Income-tax returns for the assessment year 1991-92--Computation of surcharge on the amount of income-tax--Regarding
Show AI Summary
Surcharge computation: calculate surcharge on income-tax after deducting Chapter VIII tax rebates for applicable returns.
Surcharge is to be computed on the amount of income-tax as reduced by the tax rebate calculated under Chapter VIII (life insurance premia, provident fund contributions, specified investments); first compute income-tax, deduct Chapter VIII rebates, then apply surcharge to the reduced tax.
Linking of records with the returns.
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Linking records with returns ensures conformity and proper processing under section 143(1)(a) and facilitates prompt rectifications.
Link records with returns when processing income-tax returns under section 143(1)(a); past records must be linked to the current return before making return-based prima facie adjustments, and processed returns must be placed in the relevant files immediately so rectification applications and follow-up actions are attended to promptly.
Filing of returns of income u/s 139(1) and interest u/s 234A in case of person claiming exemption u/s11.
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Return filing extension for trusts claiming exemption under section eleven, with waiver of delay interest until the extended due date.
Persons receiving income from trust property used wholly or partly for charitable or religious purposes and claiming exemption under section 11, whose returns are required under the Explanation to section 139(1), have their filing due dates extended to a later single date. Interest under section 234A for delay in furnishing such returns is waived for the period from the original post-deadline commencement until the earlier of the return filing date or the extended due date.
9/91 - 12-06-1991 Central Excise
Invoice price assessment under Rule 173 (11) of Central Excise Rules in cases of SSI Units availing of exemption under Notifications No. 175/86, 140/83 and 64/83 - Regarding
Show AI Summary
Invoice price assessment under Rule 173C(11) allowed for SSI units with specified exemptions, subject to circular conditions.
Invoice-price assessment under Rule 173C (11) may be adopted by SSI units availing exemption under Notifications No. 175/86, 140/83 and 64/83, subject to conditions in the Board's earlier circular; the circular does not restrict Collectors' powers under Rule 173C (11) for units not covered by the circular.
Issue of certificates of TDS under the various provisions of the IT Act, 1961--Replacement of the unified Form No. 16 with new Forms Nos. 16, 16A and 16B--Acceptance of the unified Form No. 16 for the assessment year 1991-92--Reg
Show AI Summary
TDS certificate acceptance: unified Form 16 permitted as Form 16B for specified source deductions during transitional period.
The Board permits TDS certificates issued in the unified Form No.16 after 28-2-1991 to be accepted by Assessing Officers in lieu of Form No.16B for the assessment year 1991-92 where tax was deducted at source under the provisions governing specified source deductions during the financial year 1990-91.
Tax problems of non-resident Indians repatriated from Kuwait
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Exemption under section 10(4)(ii) extended for Kuwait-returned NRIs allowing continued maintenance of NRE/FCNR accounts.
Exemption for income from NRE/FCNR accounts is available to Indian nationals normally resident in Kuwait who returned to India after 2 August 1990, in respect of accounts maintained in banks in India or foreign currency accounts and assets abroad up to 30 June 1991, following Reserve Bank permission to continue such accounts and an extension of the earlier concession that had applied through 31 March 1991.
Scope of Sec.281B.
Show AI Summary
Provisional attachment under Section 281B preserves revenue by allowing temporary attachment during assessment, subject to prior commissioner approval.
Section 281B permits an Assessing Officer, with prior approval of the Chief Commissioner/Commissioner, to issue a written order for provisional attachment of an assessee's property during pendency of assessment or reassessment proceedings to protect revenue. Attachments are valid for six months and may be extended by the Chief Commissioner/Commissioner for up to two years; the procedure follows the Second Schedule. The Board directs Assessing Officers to use this measure in suitable cases and to notify officers in their regions.
Interest u/s 220(2).
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Interest under section 220(2) accrues immediately and must be calculated annually with prompt demand issued.
Assessing Officers must calculate interest under section 220(2) at each financial year end for unpaid tax and issue demand notices by April 30; if tax is paid before year end interest is calculated up to payment and charged within one week. Interest up to the date of drawing up a recovery statement must be shown in the statement and thereafter collected by the Tax Recovery Officer with the outstanding demand. Supervisory officers must carry out half yearly reviews to ensure compliance.
Section 17 of the Income-tax Act, 1961--Valuation of perquisites in the form of reimbursement of medical expenses/provision of medical facilities by an employer
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Valuation of medical perquisites: specified employer-paid or reimbursed medical benefits are excluded from taxable salary under defined conditions.
Exemptions from taxable salary under Section 17 are specified for employer-paid or reimbursed medical treatment and provision of medical facilities where treatment is received in employer-maintained institutions, government or approved hospitals, or where expenditure is on medical insurance premiums. Reimbursement for treatment from outside practitioners is exempt up to a prescribed aggregate annual ceiling. Expenditure for treatment abroad, including travel and stay for the patient and one attendant, is exempt to the extent permitted by the foreign exchange regulator, subject to an income-linked exclusion for travel components. The circular supersedes prior instructions and attaches a list of approved hospitals.
Order under section 9(2)(a) of the Gift-tax Act, 1958--Extension of due date for filing the return of gifts for the assessment year 1990-91 in certain cases
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Extension of filing deadline for gift-tax returns; interest and penalty waived if revised returns or disclosures filed by specified deadline.
The Board extended the filing date for returns of gifts for assessment year 1990-91 for assessees who made gifts during 20 March 1990 to 31 March 1990 and waived interest for late filing up to 30 June 1991. Assessees who previously filed returns omitting such gifts may avoid penalty by filing revised returns disclosing all gifts by 30 June 1991, or where assessment is completed, by furnishing written particulars to the Assessing Officer by 30 June 1991.
Clarification with respect to scope of Explaination 5 to Sec.271(1)(c) read with Sec.132(4).
Show AI Summary
Exclusion from deemed concealment allows disclosure during search and payment of tax plus interest to avoid penalty under specified conditions.
Exclusion from deemed concealment is available where, on search, assets are found that are not recorded in the assessee's books and the assessee makes a statement under section 132(4) that such assets were acquired out of income for a year for which the return filing period has not yet expired, specifies the manner of derivation of that income, and pays the tax together with interest; alternatively exclusion also applies where the income is already recorded in books or disclosed to the Chief Commissioner/Commissioner before the search.
Prima facie adjustments under section 143(1)(a) in respect of disallowance under section 43B of the Income-tax Act, 1961--Nature of evidence to be enclosed with the returns in support of actual payment, wherever required
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Prima facie adjustment evidence: deductions under tax law require payment proof with return; accountant or institution certificates accepted.
Prima facie adjustments under section 143(1)(a) disallow deductions under section 43B when evidence of actual payment is not filed with the return. Payment proof ordinarily takes the form of challans for taxes and duties; where such proof cannot be enclosed, a certificate from an accountant (as defined in the Explanation to section 288) is acceptable. For certain payments an accountant's certificate is required, and for interest to financial institutions either the institution's certificate or an accountant's certificate will suffice. These certificates are adequate for prima facie adjustment purposes, subject to further evidence if selected for scrutiny.
Warehousing of imported plant and machinery at the public bonded warehouse in the inland areas
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Warehousing restrictions limit inland public bonded warehouse storage to industrial raw materials and components, subject to customs approval.
Warehousing in inland public bonded warehouses is restricted principally to industrial raw materials and components; prior permissive circulars are withdrawn and Board instructions must be strictly followed. The Board will declare warehousing stations in consultation with the Collector, keep station numbers minimal to ensure customs expertise and equitable industrial access, appoint public warehouses (phasing out private licences), and limit the manufacture-in-bond facility in inland areas to predominantly export oriented industries with Board reference required. Customs staff for warehouses will be on a cost recovery basis.

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