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    Drawback - AI rate on cotton handloom terry towels/ cloth - Certificate of manufacture on handloom - Procedure prescribed
    Import of foodstuffs, medicines, clothing etc. by Charitable Institution for free distribution - Asstt. commissioner authorised to issue the distribut...
    Amendments of the definition of tea waste
    Reduction or waiver of interest charged under section 234A/234B/234C
    Issue of invoice under rule 52A and 57 GG of the Central Excise Rules, 1944 in loose form - Regarding.
    Central Excise - Simplified export procedure for exempted units- Instruction regarding
    Parameters for selection of cases for scrutiny during the financial year 1996-97.
    Suggestions of CCsIT/DsGIT.
    Calculation for Compounding Charges in the case of a Firm
    Guidelines for withdrawal of prosecution under the Direct Tax Laws
    Problems faced in availing Modvat on Rule 52A invoice in the name of the Registered Office/ Head Office but credit to be availed by the factory- Regar...
    Private - bonded Warehouse
    Registrars of Companies advised not to permit change of name during pendency/hearing of a petition for alteration of object clause(s) under section 17...
    Deduction in computation of taxable profits u/s 35CC of I.T.Act 1961.
    100% EOUs etc. - CE Commissioners to handle cases where both Cus. & Excise Commissioners exit
    Central Excise - Populated Printed Circuit Board (PPCB)- Applicability of Notification No. 373/86-CE dated 29.7.89 and sub sequent Notification No. 48...
    Problems faced by the Exporters of Cotton Made-ups in respect of rebate claims - Representation from Cotton Textile Export Promotion Council - Regardi...
    Transshipment of import containers from JNP to CFS Mulund, Bombay
    Taxability of unutilised deposit under the Capital Gains Accounts Scheme, 1988*, in the hands of the legal heirs of the assessee - Reg.
    Taxation of foreign telecasting companies - Guidelines for computation of income-tax, etc.
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Drawback - AI rate on cotton handloom terry towels/ cloth - Certificate of manufacture on handloom - Procedure prescribed
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Handloom origin certification: All industry drawback requires Textile Committee inspection and issued certificate for eligible terry handloom exports.
Claimants of All Industry drawback for dyed cotton handloom terry towelling cloth and towels must submit an inspection application in duplicate, with invoice and packing list copies and a service charge of twenty rupees, to the Chief Inspecting Officer, Textile Committee, Bombay; after inspection and verification of handloom origin the Textile Committee inspector will issue the required certificate in duplicate. Items already inspected and certified under bilateral agreements need no separate application and will receive the certificate on the basis of those inspections.
Import of foodstuffs, medicines, clothing etc. by Charitable Institution for free distribution - Asstt. commissioner authorised to issue the distribution certificates
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Distribution certificate authorisation allows assistant commissioners to certify free-distribution imports for exemption under the notification provision.
Authorisation is granted for jurisdictional Assistant Commissioners of Central Excise to issue the distribution certificates required for customs duty exemption on goods imported by recognised charitable organisations for free distribution; the certificate confirms distribution to the poor and needy under departmental supervision. Certification of the bonafide nature of the organisation remains with the State Government. Assessing Officers and the trade are to be informed and a model certificate form is appended.
Amendments of the definition of tea waste
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Tea waste cess exemption confirmed: no cess payable on tea waste as defined under the Tea Act.
Cess under the Tea Act applies to tea produced for market and does not extend to residues described as tea waste; the Board directs that no cess is to be collected on tea waste as defined under Section 25 of the Tea Act and field formations and trade should be informed accordingly.
Reduction or waiver of interest charged under section 234A/234B/234C
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Penal interest relief: waiver authorised for specific hardship cases involving late returns, advance tax defaults, and search-related loss.
Authorisation permits reduction or waiver of penal interest under sections 234A, 234B and 234C where hardship arises: books seized in searches preventing timely return preparation; cash seized that could not be applied to tax instalments; unanticipated income (excluding capital gains) taxed after instalment dates with tax paid thereafter; retrospective law or judicial changes making earlier exempt receipts taxable; and voluntary, undetected filings delayed for reasons beyond taxpayer control. Relief applies from assessment year 1989-90 onward subject to conditions.
Issue of invoice under rule 52A and 57 GG of the Central Excise Rules, 1944 in loose form - Regarding.
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Invoice issuance in loose form allowed for preparation, provided assessee copies are retained and bound at period end.
Manufacturers and registered dealers may temporarily remove invoice sheets from bound invoice-books to prepare invoices, but the assessee's copy must be kept intact and the loose copies bound immediately after the relevant invoice-book is exhausted. Binding remains mandatory at the end of the period, and other requirements-authentication by the assessee and intimating invoice-book serial numbers before using a new book-continue to apply.
Central Excise - Simplified export procedure for exempted units- Instruction regarding
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Simplified export procedure allows exempted manufacturers to use serialised invoices and file export proofs to preserve exemption status.
Manufacturers within the exemption limit need not register but must file a declaration and obtain a declarant's code; they may use serially numbered delivery challans/invoices for clearances, maintain simple production and clearance records, and file quarterly statements per Annexure-A. Proof of export (attested shipping bills, bills of lading, foreign exchange certificates, or attested sales-tax export forms for merchant exports) must be submitted within six months. If combined home-consumption clearances and unproven export clearances are likely to exceed the exemption limit, show-cause notices should be issued and kept pending for six months; thereafter registration and regular AR-4/AR-5 procedure become required.
Parameters for selection of cases for scrutiny during the financial year 1996-97.
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Scrutiny selection parameters set mandatory, sample and information based categories for income tax return examination procedures.
Parameters establish a structured regime for selection of income tax returns for scrutiny for 1996 97, dividing cases into compulsory scrutiny, sample scrutiny, and information based scrutiny, plus a limited scrutiny procedure for DCIT(SR) jurisdictions and corporate returns. Compulsory scrutiny includes searches, surveys, reassessments, investigation recommended matters, high turnover, company returns with large shortfalls to book profit, and substantial capital/loan inflows. Sample scrutiny prescribes sampling percentages by income bands with exclusions and rotation/randomization rules. Information based scrutiny requires supervisory approval. Annexure enumerates illustrative adjustment categories and follow up procedures.
Suggestions of CCsIT/DsGIT.
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Limited scrutiny framework for income tax returns narrows review to legal issues while reserving complex matters for investigation.
A three tier procedure requires initial processing with prima facie adjustments, segregation of returns into Investigation for in depth scrutiny and Limited Scrutiny for legal issues or limited factual variations. Returns must be linked with past records at processing to identify limited scrutiny cases; Assessing Officers must issue notices and show cause letters, endorse copies to supervisory officers, and pass assessment orders after opportunity. Permissible limited scrutiny adjustments are listed in an annexure; complex or numerous matters must be escalated to Investigation and residuary adjustments require prior superior approval.
Calculation for Compounding Charges in the case of a Firm
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Compounding charges calculation prescribes aggregating tax sought to be evaded with consolidated establishment expenses for first offence.
Compute tax and surcharges on concealed firm income at the maximum marginal rate (A). Compute tax on allocable profit in partners' hands, with surcharge (B). Total tax sought to be evaded is C = A + B. Add consolidated establishment expenses to C to obtain total compounding charges, which are recoverable for the first offence.
Guidelines for withdrawal of prosecution under the Direct Tax Laws
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Withdrawal of prosecution where assessment additions and penalties are deleted requires law ministry opinion and finance minister approval.
Withdrawal of prosecution is to be undertaken where prosecutions based on assessment additions and penalty for undisclosed income are negated by appellate deletions accepted by the department; such withdrawal requires the opinion of the Ministry of Law and the approval of the Finance Minister and replaces the earlier Board instruction on the subject.
Problems faced in availing Modvat on Rule 52A invoice in the name of the Registered Office/ Head Office but credit to be availed by the factory- Regarding.
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Modvat credit on Rule 52A invoices allowed if factory receives original consignment and head office endorses delivery.
Credit shall not be denied where the Rule 52A invoice is in the name of the Registered/Head Office provided that the entire consignment is received at the factory in original packed condition and the duplicate invoice is endorsed by the Registered/Head Office confirming delivery to the manufacturing unit. Duty paying documents used to claim credit must be submitted to the Range Superintendent for verification and defacing/endorsement.
Private - bonded Warehouse
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Bonded warehouse licence standards: commissioners must assess violation seriousness; deliberate breaches can bar grant under section 58.
The Commissioner of Customs must evaluate the nature and seriousness of prior violations when considering applications for private bonded warehouse licences; technical breaches may be treated differently, but serious or deliberate violations justify refusal of licence notwithstanding prior temporal guidance, requiring fact-specific assessment and exercise of enforcement discretion.
Registrars of Companies advised not to permit change of name during pendency/hearing of a petition for alteration of object clause(s) under section 17 before Company Law Board
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Change of company name during pending object alteration petition should be withheld to avoid prejudging proceedings.
Registrars are directed not to permit a company to change its name while a petition under section 17 to shift provisions from the "other objects" clause to the main objects clause is pending before the Company Law Board, since permitting such a change would amount to prejudging the issue and effectively endorse reliance on contested object provisions prior to the Board's approval.
Deduction in computation of taxable profits u/s 35CC of I.T.Act 1961.
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Deduction for rural development expenditure enables companies and co operative societies to deduct approved programme spending from taxable profits.
Deduction in computation of taxable profits is permitted for companies and co operative societies for expenditure incurred on approved rural development programmes, allowing them to reduce taxable profits by the amount of qualifying expenditure incurred under government approved schemes as a targeted tax incentive to promote involvement in rural development activities.
100% EOUs etc. - CE Commissioners to handle cases where both Cus. & Excise Commissioners exit
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Administrative control of Export Oriented Units assigned to Central Excise Commissioners where Customs and Excise jurisdictions overlap.
The Board substituted prior instructions to direct that the administrative work of Export Oriented Units, Export Processing Zones, Electronic Hardware Technology Parks and Software Technology Parks in port cities where Customs and Central Excise jurisdictions overlap shall be handled by Commissioners of Central Excise, reallocating supervisory responsibility and replacing the earlier guidance.
Central Excise - Populated Printed Circuit Board (PPCB)- Applicability of Notification No. 373/86-CE dated 29.7.89 and sub sequent Notification No. 48/94-CE-Regarding.
Show AI Summary
Excise exemption for TV chassis: individual populated printed circuit boards qualify for duty exemption under relevant notifications.
The exemption treats a television chassis as the populated printed circuit board or combination of PPCBs mounting components; individual PPCBs that together constitute the TV chassis are eligible for excise duty exemption whether they consist of one or multiple boards. Classification depends on functional composition rather than labeling as sub-assemblies. Where such chassis are used outside the factory of production in manufacturing black-and-white TVs, Chapter X of the Central Excise Rules, 1944 must be complied with for the exemption to apply.
Problems faced by the Exporters of Cotton Made-ups in respect of rebate claims - Representation from Cotton Textile Export Promotion Council - Regarding
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Rebate and drawback coexistence: exporters may claim rebate on fabric processing while avoiding any double benefit.
The Board clarifies that rebate is admissible for the excise duty component attributable to processing of cotton fabrics used in exported made-up articles and that rebate and drawback may be claimed concurrently provided no double benefit accrues in respect of the same duty element; pending claims should be disposed of expeditiously, shipments should not be held up solely because both claims are asserted, and exporters must declare on AR4/AR5 that they will not claim drawback for duties for which they claim rebate.
Transshipment of import containers from JNP to CFS Mulund, Bombay
Show AI Summary
Designation of CFS areas permits transhipment of import containers to designated CFS subject to applicable notifications and circulars.
The Commissioners of Customs have designation power under Sec. 8(a) of the Customs Act to designate areas for loading and unloading called Container Freight Stations (CFS); transhipment to a CFS designated for loading or unloading in the port is therefore within the scope of transhipment. Transhipment from Jawahar Port to CFS Mulund is to be considered under Notification No. 61/95-Cus. (N.T.) read with the Board's circulars, which frame the regulatory conditions for permitting such movements.
Taxability of unutilised deposit under the Capital Gains Accounts Scheme, 1988*, in the hands of the legal heirs of the assessee - Reg.
Show AI Summary
Taxability of unutilised capital gains deposit clarified: unutilised amounts on death are estate property, not taxable as heirs' income.
Where an individual assessee dies before the expiry of the stipulated utilisation period for deposits made under the Capital Gains Accounts Scheme, the unutilised deposit amount is not taxable in the hands of the deceased or in the hands of the legal heirs; the unutilised portion does not become income of the heirs but remains part of the deceased's estate devolving upon them.
Taxation of foreign telecasting companies - Guidelines for computation of income-tax, etc.
Show AI Summary
Presumptive taxation for foreign telecasters: taxable income based on gross remittances and tax deduction under section 195.
For foreign telecasting companies lacking a branch or country-wise accounts, Assessing Officers shall compute taxable income by applying a presumptive profit rate of 10 per cent to gross receipts remitted abroad (after excluding agent commissions), or use the income declared if higher, and tax that amount; tax must be deducted at source under section 195, and voluntary payment of taxes with interest within thirty days will ordinarily avert penalty proceedings.

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