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Circulars
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Order under section 119(1) of the Income-tax Act, 1961 fixing monetary limits of the income-tax authorities in respect of reduction or waiver of interest paid or payable under section 220(2) of the Income-tax Act
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Reduction or waiver of interest: monetary limits fixed for tax authorities, subject to hardship, uncontrollable default and cooperation.
The Board fixes tiered monetary thresholds allocating competence to specified income tax authorities to grant reduction or waiver of interest payable under the tax default provision: the lowest tier to Pr.CIT/CIT, intermediate to CCIT/DGIT, and highest to Pr.CCIT. Any exercise of these powers is conditional on genuine hardship to the taxpayer, default due to circumstances beyond the taxpayer's control, and the taxpayer's cooperation in relevant inquiries or recovery proceedings.
Guidelines for Customs field formations in maintaining ease of doing business while engaging in investigation into tax evasion cases in import or export
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Commercial intelligence investigations must balance enforcement with ease of doing business, using proportionate, documented information requests.
Guidelines require the Commissioner to approve and oversee commercial intelligence investigations, necessitate comprehensive pre-initiation analysis of intelligence and records, and mandate that information requests be proportionate, reasoned, and uploaded to the e-file. Summons must follow CBIC instructions and prior approval of content; documents sought must be limited to the inquiry's scope and not be fishing expeditions. Practices should minimize disruption to importers/exporters, allow attendance by authorised agents, avoid routine seeking of publicly available digital records, enable timely closure following payment, and permit Commissioner engagement to address grievances.
Operational Guidelines for Import of Petroleum Products in Flexi-Bags: Stakeholder Representations and Regulatory Considerations Post Public Notice No. 08/2024
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Import documentation requirement: liner gate in certificate and customs verification required before release for flexi bag petroleum imports.
Eligible petroleum consignments in flexi-bags gated-in at the Port of Export on or before 27 September 2024 must have a Certificate from the Shipping Liner showing exact gate-in date and time uploaded to e-Sanchit. Customs officers must verify the certificate before granting Out of Charge by cross-checking container tracking systems and retaining screenshots of tracking information as part of the verification record.
Clarification of various doubts related to Section 128A of the CGST Act, 2017
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Waiver of interest and penalty where full tax demanded is paid by the notified deadline to qualify under Section 128A.
Section 128A allows waiver of interest or penalty or both for demands under section 73 for specified past years if the full tax component of the demand is paid and prescribed procedural conditions are met. Taxpayers must file FORM GST SPL-01 or FORM GST SPL-02 on the common portal within specified timelines, withdraw pending appeals or writs, and make payment via prescribed electronic mechanisms (including ELR-Part II adjustments and DRC-03/DRC-03A procedures). The proper officer processes applications with defined notices, reply opportunities and outcome forms; deemed approval applies on inaction, and waiver lapses if additional tax enhanced on appeal is not paid within the stipulated period.
Clarifying the issues regarding implementation of provisions of sub--section (5) and sub-section (6) in Section 16 of CGST Act, 2017
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Retrospective input tax credit entitlement enables rectification of credit demand orders; special procedure allows adjustments but no refund.
Retrospective insertion of sub sections (5) and (6) to Section 16 extends entitlement to input tax credit for specified years and revoked registrations; authorities must recognise this entitlement at all stages of proceedings. Where demand orders confirming denial of credit exist and no appeal is pending, taxpayers may file rectification under the special section 148 procedure via the GST portal with prescribed annexure details; the original proper officer will decide, upload rectified summaries in specified forms, and observe natural justice. No refund of tax paid or credit reversed is permissible under the Finance Act provision.
Clarification regarding the scope of “as is/as is, where is basis” mentioned in the GST Circulars issued on the basis of recommendation of the GST Council in its meetings
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Regularization on as is basis: lower or nil tax payments accepted as full discharge; no refunds for higher payments.
Clarification explains that when GST Council-recommended Circulars regularize past GST treatment on an "as is" or "as is, where is" basis, taxpayers who paid a lower rate or nil and declared that position in returns will be treated as having fully discharged tax liability for the regularized period and need not pay the differential; taxpayers who paid a higher rate are not entitled to refunds. The regularization does not cover cases where no tax was paid and the correct rate is higher; in such cases the applicable tax will be recovered.
Clarification regarding GST rates & classification (goods) based on the recommendations of the GST Council in its 54th meeting held on 9th September, 2024, at New Delhi
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GST classification updates: reclassifies extruded snacks, railway roof ACs, and vehicle seats with adjusted tax rates and prospective effect.
Clarification directs that extruded savoury snack products manufactured by extrusion are reclassified to attract a reduced GST rate prospectively while un fried or uncooked snack pellets remain at a lower rate and past periods remain liable at the earlier rate; Roof Mounted Package Unit air conditioners for railways are classified under air conditioning machines rather than railway parts; two wheeler seats are classifiable as parts and accessories of two wheelers and car seats are classifiable under seats for motor vehicles and have been aligned to the higher rate prospectively. Field formations to implement and report issues.
Clarifications regarding applicability of GST on certain services
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Taxability of affiliation services clarified: university and board affiliation largely taxable while specified exemptions and regularisations apply.
Affiliation services by universities to colleges are taxable and do not fall under the educational exemption; affiliation services by Central/State boards to schools are taxable except when supplied to government schools, with historical GST liability regularized on an "as is where is" basis. DGCA approved flying training courses with mandated completion certificates are exempt under the educational notification. Ancillary services by Goods Transport Agencies performed in the course of road transport constitute a composite supply of transport of goods unless supplied separately. Various other categories (helicopter seat share transport, import of services by foreign airlines without consideration, preferential location charges, electricity utility ancillary services, film distribution rights) are clarified or regularized as specified by the Council.
Clarification regarding regularization of refund of IGST availed in contravention of Rule 96(10) of CGST Rules, 2017, in cases where the exporters had imported certain inputs without payment of integrated taxes and compensation cess
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IGST refund regularisation when import IGST and compensation cess are later paid and entries reassessed restores refund eligibility.
Where inputs were initially imported without payment of IGST and compensation cess under specified customs notifications, but the importer subsequently pays IGST and compensation cess with interest and obtains reassessment of the Bill of Entry by Customs reflecting such payment, the IGST refunded on exports shall not be regarded as contravening sub rule (10) of rule 96 of the CGST Rules; field formations must publicize the clarification and report implementation difficulties.
Clarification on place of supply of data hosting services provided by service providers located in India to cloud computing service providers located outside India
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Place of supply: data hosting services to overseas cloud providers governed by recipient location, permitting export treatment.
Data hosting providers in India supply comprehensive hosting services on a principal-to-principal basis, owning or operating premises and infrastructure and not acting as intermediaries for end users. Such services are not in relation to goods "made available" by the recipient nor directly in relation to immovable property. Therefore, none of the specific place-of-supply rules for intermediaries, goods made available, or immovable property apply, and the place of supply defaults to the location of the service recipient; if the recipient is outside India, the supply qualifies as export of services subject to export conditions.
Clarification on availability of input tax credit in respect of demo vehicles
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Input tax credit on demo vehicles allowed when used to promote further supply; blocked for unrelated transport or agency use.
Demo vehicles used by authorised dealers to provide trial runs and demonstrate features promote sale of similar vehicles and therefore are to be treated as used for making further supply of such motor vehicles; accordingly, input tax credit on their purchase is not blocked under the exclusion for further supply. If demo vehicles are used for unrelated purposes or the dealer merely acts as an agent providing test-drive services on behalf of the manufacturer without supplying the vehicle, ITC is blocked. Capitalisation does not preclude ITC, subject to disallowance where depreciation on the tax component is claimed and to adjustment on subsequent sale.
Clarification in respect of advertising services provided to foreign clients
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Place of supply for advertising services: supplier acting on its own account leads to export classification when recipient is abroad.
Clarification: where an Indian advertising company contracts comprehensively with a foreign client, procures media space from media owners on its own account, invoices the foreign client and receives payment in foreign exchange, the company is a principal (not an intermediary), the recipient is the foreign client located outside India, and the place of supply is the recipient's location, making the service an export of services; by contrast, if the Indian company merely facilitates a direct contract between foreign client and media owner, it is an intermediary and place of supply for its facilitation services is the supplier's location.
Amendment in 4.59 of Handbook of Procedures, 2023 and modification in Standard Input Output Norms (SION) M-1 to M-8 for export of jewellery
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Wastage norms for jewellery exports revised and input-output norms updated, changing permissible metal content calculations.
The amendment revises permissible wastage percentages for gold, silver and platinum jewellery exports by category and by handcrafted versus mechanised processes, and excludes imported mountings and findings from net content calculation. It also updates SION M-1 to M-8 to set input-to-output ratios for gold, platinum and silver per kilogram of exported jewellery or articles, aligned with the new wastage rates and differentiated by production method.
Further abeyance of Public Notice No. 05/2024 dated 27.05.2024 until 31.12.2024.
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Abeyance of public notice restores prior wastage norms and SIONs for jewellery exports during interim period.
Public Notice No. 05/2024 modifying wastage and Standard Input-Output Norms for precious-metal jewellery is placed in abeyance until 31st December 2024 under powers of the Foreign Trade Policy. During this interim, pre-existing wastage norms in the Handbook of Procedures and the earlier Standard Input-Output Norms for jewellery items are restored pending finalisation of revised SIONs.
Digitization of Customs Bonded Warehouse procedures relating to obtaining Warehouse License, Bond to Bond Movement of warehoused goods, and uploading of Monthly Returns - Reg.
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Digitization of customs bonded warehouse procedures enables online licensing, bond-to-bond transfers, and electronic monthly returns uploads.
Digitization implements an online Warehouse License application and backend processing on ICEGATE, including officer query and response workflows, warehouse code generation and license issuance; it also enables electronic processing of bond-to-bond transfers across three scenarios with validation, recording of parties, reconciliation of quantity and value, and requirement of the warehousing (triple duty) bond, while retaining the existing physical transfer Form until integration; scanned Monthly Returns (Form A and Form B) can be uploaded, and prescribed security in addition to the bond must be furnished at the Port of Import.
Export of Rice - Instructions
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Export testing requirement for rice removed; sampling obligation withdrawn and risk management checks remain mandatory under revised export policy.
The requirement to draw and test routine samples for rice consignments under Public Notice No. 37/2023 is withdrawn following removal of export duty entries and the liberalisation of Non Basmati White Rice export policy; routine live consignment sampling is no longer required, but compliance with RMS instructions and immediate reporting of any discrepancies to the Export Section remains mandatory, and implementation difficulties should be notified to the Principal Commissioner.
Disposal of gold - revised mapping of Customs jurisdictions to Focal Customs Commissionerate (FCC) and India Government (IG) Mints
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Disposal of seized gold: mapping revised so Telangana and Andhra Pradesh consignments are processed at IG Mint Mumbai.
Seized or confiscated gold of 24 carat purity will be processed under existing procedures, with seized gold from Customs Zones in Telangana and Andhra Pradesh now to be lifted and processed by IG Mint, Mumbai in place of IG Mint, Hyderabad; the Instruction updates the FCC-to-IG Mint mapping table accordingly while leaving all other aspects of the prior instructions unchanged.
Mandatory additional qualifiers in import/export declarations in respect of Synthetic or Reconstructed Diamonds w.e.f. 01.12.2024
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Synthetic or reconstructed diamonds must include declared production method in import/export filings to improve customs assessment and clearance.
Mandatory additional qualifiers for synthetic or reconstructed diamonds require traders to declare the method of production (e.g., Chemical Vapour Deposition, High Pressure High Temperature, Other) in import/export declarations under the Bill of Entry and Shipping Bill electronic declaration regulations; these qualifiers are to be enabled in systems and made mandatory at filing from 01.12.2024 to improve assessment, technical certification and reduce clearance queries.
Condonation of delay under clause (b) of sub-section (2) of section 119 of the Income-tax Act, 1961 for returns of income claiming deduction u/s 80P of the Act for Assessment Year 2023-24
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Condonation of delay under section 119 extended to AY2023 24 for returns claiming deduction under section 80P.
Condonation of delay under clause (b) of sub section (2) of section 119 is extended to returns claiming deduction under section 80P for assessment year 2023 24 where delay arose from delayed statutory audits; Circular No.13/2023 is applied to such returns, subject to its conditions, so they may be treated as returns furnished on or before the due date under sub section (1) of section 139 if conditions are met.
Clarification on the provisions of clause (ca) of Section 10(1) of the Integrated Goods and Service Tax Act, 2017 relating to place of supply of goods to unregistered persons
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Place of supply for unregistered persons: delivery address on the invoice determines place of supply when billing and delivery differ.
Where goods are supplied to an unregistered person, the place of supply is the location shown by the recipient's address recorded on the invoice; if the invoice lacks the recipient's address, the supplier's location applies. If billing and delivery addresses differ, the place of supply shall be the delivery address recorded on the invoice, and suppliers may record the delivery address as the recipient's address to determine place of supply.

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