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Circulars
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Section 194D of the Income-tax Act, 1961--Deduction of tax at source from insurance commission during the financial year 1993-94--Instructions regarding
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Deduction of tax at source on insurance commission requires withholding, deposit, certification and reporting with prescribed compliance obligations.
Tax must be deducted at source on remuneration for soliciting or procuring insurance business under section 194D, subject to the prescribed threshold exception; resident and non-resident treatment differs with section 195 covering non-residents. A lower or nil deduction certificate may be obtained under section 197. Deductors must deposit tax within statutory timelines, issue Form 16A to payees, quote TAN, and file the annual Form 26D return, with statutory penalties, interest and criminal sanctions for non-compliance.
Section 193 of the Income-tax Act, 1961--Deduction of income-tax at source from interest on securities during the financial year 1993-94--Instructions regarding
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Tax deduction at source on interest on securities requires specified withholding rates, exemptions, documentation and strict compliance obligations.
Deduction of tax at source under section 193 is required on interest on securities for 1993-94 at rates in Part II of the First Schedule to the Finance Act, 1993, payable at credit or payment, with credit to suspense accounts treated as payee credit. The circular identifies resident/non-resident and company/domestic company rate categories, applicable surcharges, specified exemptions (including Form 15F declarations and section 197 certificates), and prescribes compliance obligations: payment timelines, Form 16A issuance, TAN quoting, annual Form 25 returns, rounding rules, and penalties, interest and criminal sanctions for non-compliance.
Transfer/postings of IT Inspectors.
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Reassignment of Tax Inspectors: majority shifted to territorial charges for survey duties; limited retention for CIB work.
Order reorganises deployment of Income-tax Inspectors by transferring the majority from Investigation survey wings to Commissioners' charges for exclusive territorial survey duties, assigning them to Range DCs with accountability for area-specific survey and information, ordinarily for two years; a minority will remain with Investigation for CIB and search support, and clarifies that "existing sanctioned strength" refers to Inspectors on survey duty since 1986, with city ITOs (Survey) remaining under Directorate Investigation and separate directions for mofussil stations.
Classification of books imported alongwith floppy diskettes
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Classification of mixed media imports: treat books with accompanying floppy diskettes according to the principal commodity imported.
Classification depends on the principal commodity: if the diskette only supplements the printed book, classify as a printed book under Chapter 49; if the diskette is the principal object and the book is merely instructional, classify as computer software under Chapter 85. Each import must be assessed on its merits applying the rule for goods put up in sets for retail sale, and unresolved difficulties may be referred to the Board.
9/93-CX.8 - 24-08-1993 Central Excise
Clarification regarding simultaneous availment of Modvat and small scale exemption
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Prohibition on simultaneous Modvat and small scale exemption reiterated; field units must cease dual benefit and ensure compliance.
Simultaneous availment of Modvat credit and the small scale industry exemption is prohibited; this prohibition is established by earlier departmental letters and remains in force. Field formations must not permit assessees to claim both benefits concurrently; instances of dual availment have been observed and are subject to strict departmental action. The Board directs collectors and field officers to enforce the instructions scrupulously and treat any lapses seriously.
12/93-CX.6 - 23-08-1993 Central Excise
Classification of deposit of duty, pending adjudication with the adjudicating authority under Section 35F of Central Excises and Salt Act, 1944
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Deposit pending appeal treated as revenue receipt under excise accounting, classified as remittance of duty.
Deposits of duty or penalty required to be made pending adjudication under the statutory appeal provision must be accounted for from the initial stage as remittance of duty and booked directly to the final excise revenue head in Government accounts, rather than to a separate deposit head, consistent with departmental instructions that provisionally collected duties, fines and penalties be treated as revenue receipts pending adjudication.
Approval of Central Government under section 295 not required for purpose of grant of house building loan to managing directors/whole-time directors
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House building loan exemption: companies may grant loans to managing directors on employee terms without prior government approval.
Companies may grant house building loans to managing directors and whole time directors without prior Central Government approval if the loans are made on the same terms and conditions as those applicable to the company's officers and employees; if no such officer scheme exists or the proposed loan falls outside those terms, prior government approval is required.
11/93-CX.6 - 19-08-1993 Central Excise
Issuance of gate passes in respect of clearance of good's manufactured by Ordnance Factories and despatched to Defence/Para Military Services - Regarding
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Exemption for ordnance factory goods: gate-pass clearance follows prescribed manual procedure and assessment records duty as nil.
Ordnance Factory goods intended for Armed Forces consumption are exempt from excise under Notification No. 278/82. The circular requires application of the Basic Excise Manual para.104 procedures for submission, package examination and removal under gate pass to such exempted clearances, with the modification that the assessment memorandum shall record duty as NIL while maintaining other gate pass documentation and controls.
Streamlining of assessment of share brokers.
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Assessment of share brokers: ensure tax returns filed, statutory notices issued, and priority finalisation of assessments.
The Board directs monitoring of share brokers so that returns are filed; where returns are not filed, prompt statutory notice is issued; missing subsequent returns are followed up; and where selected for scrutiny, assessments are finalised on a priority basis. Chief Commissioners may set up separate assessment circles or wards for persons connected with the capital market to ensure timely notices, follow-up, and expedited completion of assessments.
Refusal to register transfer of shares on grounds that signatures do not tally
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Signature verification: where attested signatures appear doubtful, companies should refer to the transferor before refusing registration.
Companies should not refuse registration of share transfers merely because signatures do not tally when attested by an authorized attestor; if there is doubt or apprehension about the genuineness or adequacy of attestation, companies should satisfy themselves by making a reference to the transferor, using such verification as an exception rather than a routine practice.
Conditions for appointment of managing/whole-time Director - Expenses incurred on travelling and transportation of personal effects of managing or whole-time director or manager
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Reimbursement of director travel and personal effects transport permitted if company rules allow, without external approval.
Expenses on travel of a managing or whole-time director or manager and family and on transportation of personal effects on expiry of tenure are not perquisites and are not covered by Schedule XIII; companies may incur such expenses if the company's travelling rules provide for them, and no Central Government approval is required.
Conditions for appointment of managing/whole-time Director, etc.
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Application of revised Schedule XIII governs appointments and remuneration; increases allowed without Central Government approval except where specific conditions apply.
The revised Schedule XIII governs appointments and remuneration of managing/whole-time directors and managers from its notification; increases in remuneration for incumbents may be made from that date without Central Government approval unless earlier approval imposed specific conditions, which remain binding. For salary and perquisites the effective capital is calculated as at the last date of the financial year preceding the year of appointment or fixation/revision, except companies incorporated in the same financial year may use the date preceding appointment.
Income-tax deduction from salaries during the financial year 1993-94 under section 192 of the Income-tax Act, 1961
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Tax deduction at source from salaries: employer obligations, permitted exemptions, and compliance procedures under the income-tax code.
Tax deduction at source under section 192 requires employers/payors to deduct tax monthly on estimated annual salary income by computing tax at the average rate and dividing by twelve; aggregation of salary from multiple employers is required, and prescribed forms allow inclusion of other income for computing TDS. The circular details operation of standard deduction, valuation and inclusion of perquisites, specified exemptions and deductions (house rent allowance, gratuity, pension commutation, medical reliefs, charitable contributions, and special concessions such as sections 80DD, 80GG, 80RRA and 80U), and sets out procedural obligations for deposit, certification, reporting and penalties for non-compliance.
Scheme for disposal of immoveable properties purchased under Ch.XXC of the Act.
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Disposal of immovable property under Chapter XXC: auctions, sealed tenders, and direct negotiation procedures govern sale and payment terms.
Properties purchased under Chapter XXC must be offered by open public auction within three months; if unsold after three auctions they shall be offered by sealed tenders, and if still unsold may be disposed of by direct negotiations limited to public sector undertakings and government departments starting at market value and not below the fixed reserve price. A tiered payment schedule and bank payment requirements apply; defaults lead to forfeiture and re-sale with recovery of any deficiency. Purchasers bear conveyance costs and outstanding dues, and standard auction and tender terms and procedural safeguards are prescribed.
Income chargeable to tax u/s 172.
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Deemed income under section 172: mothership taxed on whole freight; daughter vessel payments treated as deemed expenditure.
Deemed income under section 172 is chargeable on the entire freight where the bill of lading shows the mothership as recipient; payments to a daughter vessel operator are treated as expenditure implicitly covered when estimating deemed income at the prescribed rate, and the daughter operator is separately taxable on its own freight receipts. Administrative apportionment relief would require a Board clarificatory circular; absent that and absent agreements or separate exporter payments, apportionment is not recommended.
10/93-CX.6 - 13-07-1993 Central Excise
Central Excise - Transfer of Credit Balance lying in PLA under one minor head to another minor head - Corrigendum regarding
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Correction of notification citation clarifies reference for transfer of excise credit balances between PLA minor heads.
The Board corrects a prior citation: references in Circular No. 7/93-CX.6 and its enclosure (Circular No. 23/86-CX.6) that quoted Notification No. 178/86-C.E., dated 1-3-1986 should instead read Notification No. 172/86-C.E., dated 1-3-1986; the corrigendum concerns the documentary reference in relation to transfer of excise credit balances between minor heads of the Public Ledger Account.
9/93-CX.6 - 08-07-1993 Central Excise
Check-list for adjudication - Regarding
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Adjudication checklist promotes pre adjudication scrutiny to limit delays and improper invocation of extended periods in excise cases.
A procedural check list is prescribed for Assistant Collectors/Investigating Officers to ensure documentary and factual completeness before adjudication in classification, price list and Modvat cases, focusing on approval status of lists/declarations, presence of supporting product literature or contracts, whether assessments for the notice period have been finalised, grounds for invoking extended periods, and whether show cause notices arise from audit observations or offence proceedings.
7/93-CX.8 - 07-07-1993 Central Excise
Neutral Packing for export - Request for permission to print foreign collaborator's name/trade mark on packages meant for export - Regarding
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Neutral packing for export permits printing a foreign collaborator's mark at the exporter's risk while serials and marks stay required.
The Board clarifies that progressive serial numbers and any special marks must remain on export packages; the proviso permits exemption only for the owner's name. There is no prohibition on printing other brand names or particulars, including a foreign collaborator's name or trademark, on export packaging, but doing so is at the risk and responsibility of the person who prints them.
2/93-CX.1 - 25-06-1993 Central Excise
Classification of 'Jute Twine'
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Classification of jute twine under tariff headings confirms its placement in twine subheading, affecting its duty treatment and relief.
The Board clarified that although exemption notifications cover jute yarn in Chapter 53 supplied in plain reel hanks, Chapter 56.07 specifically covers twine, cordage, rope and cables and is a more precise reference for jute twine; accordingly, 'Jute twine' is classifiable under the twine subheading of the CETA, 1985 rather than being treated merely as multifold jute yarn.
Memorandum of association ‑ Acceptance of computer printed documents for registration of companies
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Acceptance of computer printed company documents - registrars must accept legible, compliant memoranda and articles for registration.
Registrars are directed to accept computer printed memorandum and articles of association for registration, including for purposes of sections 15 and 30, provided the documents are neatly and legibly printed and comply with the other requirements of the Companies Act; such acceptance is effective immediately and Registrars should take such documents on record.

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