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Income-tax (32nd Amendment) Rules, 2022
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Recomputation of income without surcharge and cess deduction permits taxpayers to apply, pay revised tax and notify assessing officer.
Taxpayers who previously claimed and were allowed a deduction for surcharge or cess under section 40 may apply for recomputation of total income without that deduction by filing Form No. 69 electronically with the Principal Director General/Director General of Income-tax (Systems) by the prescribed deadline; those offices will set procedures and forward applications to the Assessing Officer, who will amend the order, recompute income, issue a notice under section 156 for payment of any tax due for the relevant and affected subsequent assessment years, and the taxpayer must file Form No. 70 to intimate payment within thirty days.
Income-tax (31st Amendment) Rules, 2022.
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Modified return for successor entities required electronically, affecting assessment proceedings and officer's duty to modify income.
Rule 12AD requires successor entities to furnish a modified return under section 170A in Form ITR-A, filed electronically with a digital signature. The Assessing Officer must modify or complete assessment/reassessment proceedings to align total income with the business reorganisation order and the filed modified return. The Principal Director-General/Director-General of Income-tax (Systems) shall specify procedures, formats and security, archival and retrieval policies for secure data capture and transmission.
Income-tax (30th Amendment) Rules, 2022
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Reporting obligations under section 285B require producers to file Form 52A electronically with verification and forwarding to assessing officer.
The amendment substitutes rule 121A to require producers of cinematograph films and persons engaged in specified activities to furnish an annual statement in Form No. 52A within sixty days of the previous year's end, submitted electronically with digital signature or electronic verification code. The Principal Director General of Income-tax (Systems) or Director General of Income-tax (Systems) (or authorised persons) is the prescribed authority to set procedures, administer filing and verification, implement security and archival policies, and forward Form No. 52A to the Assessing Officer.
Specified income arising to a body or authority or Board or Trust or Commission u/s 10(46) of IT Act 1961 - Haryana Electricity Regulatory Commission notified for specified income.
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Specified income notification grants tax-exempt status for regulator fees and interest subject to non commerciality and compliance.
Central Government notifies Haryana Electricity Regulatory Commission as entitled to specified income treatment for fees received under the Electricity Act and interest on government grants and loans and fees; subject to conditions that the Commission shall not engage in commercial activity, that activities and the nature of specified income remain unchanged across the relevant financial years, and that the Commission files its return of income as required under the Income-tax Act.
Specified income arising to a body or authority or Board or Trust or Commission u/s 10(46) of IT Act 1961 - Central Registry of Securitisation Asset Reconstruction and Security Interest of India notified for specified income.
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Specified income exemption for the Central Registry permits tax treatment of certain fees and related interest subject to non commercial conditions.
The Government notifies the Central Registry of Securitisation Asset Reconstruction and Security Interest of India as eligible for specified income treatment, limited to fees from security interest transactions, CKYC transactions, RTI application fees, and interest on these amounts and on fixed deposits, subject to conditions that the Registry not undertake commercial activity, maintain unchanged activities and income nature, and file returns as required; the notification is retrospective for specified earlier financial years and applies to the 2022-2023 year.
Control of income-tax authorities u/s 118 of IT ACT 1961 - subordinate positions to PCIT and CCIT defined.
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Control of income-tax authorities establishes supervisory subordination of commissioners while preserving appellate discretion.
The notification establishes administrative subordination: specified Chief Commissioners of Income-tax are subordinate to designated Principal Chief Commissioners, and specified Commissioners of Income-tax (Appeals) Units are subordinate to those Chief Commissioners or, as listed in a second schedule, to Principal Chief Commissioners; schedules list the precise headquarters-based mappings. It expressly preserves the discretion of Commissioners of Income-tax (Appeals) in exercising appellate functions. The notification is effective from publication in the official Gazette and notes subsequent textual amendments to the schedules.
Income-tax (29th Amendment) Rules, 2022
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Exclusion from Rule 114BB: central and state governments and consular offices exempted from specified reporting, retrospective effect.
Proviso added to rule 114BB of the Income-tax Rules, 1962 excluding deposits, withdrawals and opening of current or cash credit accounts from the sub-rule when the transacting person is the Central Government, the State Government or a Consular Office; the Income-tax (29th Amendment) Rules, 2022 are given retrospective effect from 9 July 2022 and accompanied by an explanatory memorandum stating no person will be adversely affected.
Specified income arising to a body or authority or Board or Trust or Commission - Andhra Pradesh Pollution Control Board, a Board constituted by the State Government of Andhra Pradesh notified u/s 10(46).
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Tax exemption for pollution control board income conditioned on noncommerciality, unchanged activities, and specified return filing.
Specified categories of income of the Andhra Pradesh Pollution Control Board are notified as exempt under clause (46) of section 10 of the Income tax Act, including consent fees, analysis and survey fees, central board reimbursements for monitoring programmes, biomedical authorization fees, cess reimbursements and appeal fees, government grants, RTI fees, non commercial sale of law books, interest on staff loans, miscellaneous receipts and interest on these incomes. The exemption is conditional on no commercial activity, unchanged nature of activities and incomes across years, and specified return filing compliance; retrospective application is stated as subject to a pending special leave petition.
Special Court in the Chhattisgarh u/s 280A of the Income-tax Act, 1961 and section 84 of the Black Money Act, 2015 - Designates all the Chief Judicial Magistrate Courts of the State for the areas falling within the respective territorial jurisdictions of the Chief Judicial Magistrate Courts in the State of Chhattisgarh
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Special Courts designated for income-tax and black-money prosecutions in Chhattisgarh covering Chief Judicial Magistrate jurisdictions.
The Central Government, in consultation with the Chief Justice of the High Court of Chhattisgarh, designates all Chief Judicial Magistrate Courts in Chhattisgarh as Special Courts to hear matters under the Income-tax Act and the Black Money Act for offences and proceedings arising within the respective territorial jurisdictions of those magistrate courts.
Income-tax (Twenty Eighth Amendment) Rules, 2022
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Specified person replaces trust or institution in income-tax rule, aligning definition with section 115TD notification.
Substitutes the phrase "trust or institution" with specified person in rule 17CB of the Income-tax Rules, 1962, and inserts clause (ha) in the Explanation to rule 17CB providing that specified person has the same meaning as assigned in the Explanation to section 115TD, effective from publication in the Official Gazette.
Income-tax (27th Amendment) Rules, 2022.
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Foreign tax credit filing deadlines align with assessment year and updated return submission timing.
The amendment requires that the statement in Form No. 67 and the certificate or statement supporting foreign tax credit claims be furnished on or before the end of the assessment year in which the income was offered to tax or assessed in India, where the return for that assessment year has been furnished within the prescribed time; and where the return has been furnished as an updated return, the statements and certificates relating to income included in the updated return must be furnished on or before the date on which that updated return is furnished.
Applicability of Provisions of sub-section (1G) of section 206C - Not applied to an individual who is not a resident in India in terms of clause (1) and clause (1A) of section 6 of the Act and does not have PAN.
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Non-resident buyer exemption under TDS collection removes obligation where buyer has no permanent establishment in India.
The Central Government notifies that the provisions of sub-section (1G) of section 206C shall not apply to a buyer who is a non-resident under the Act and who does not have a permanent establishment in India, suppressing the earlier notification to that extent, with effect from the date of publication in the Official Gazette.
Income-tax (26th Amendment) Rules, 2022
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Refund under section 239A: new rule mandates Form 29D with agreement, documentation, and agent submission for claims.
Rule 40G prescribes that refund claims under section 239A must be made in Form No. 29D, accompanied by a copy of the agreement or other arrangement, and may be presented by the claimant or a duly authorised agent. The amendment excludes section 239A claims from the scope of rule 41's Chapter XIX reference and inserts Form No. 29D into Appendix-II, detailing applicant and deductee particulars, agreement dates and period, transaction and payment particulars, tax and challan details, explanation for non-deduction, prior similar refunds, and a declarant's verification.
Specified person u/s 10(23FE) - Central Government specifies the pension fund, namely, CPPIB India Private Holdings Inc.in respect of the eligible investment made by it in India.
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Tax exemption for specified pension fund conditioned on compliance, reporting, segmented accounts, and prohibition of borrowing.
CPPIB India Private Holdings Inc. is specified as a specified person for clause (23FE) exemption for eligible investments in India, contingent on conditions including filing returns for relevant years, furnishing the prescribed compliance certificate, quarterly investment intimation, maintaining segmented accounts, remaining regulated under Canadian law, using earnings solely to meet statutory obligations and defined contributions for beneficiaries, prohibiting borrowing for Indian investments, and refraining from day to day participation in investees while retaining monitoring and director appointment rights.
Income-tax (25th Amendment) Rules, 2022
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Electronic filing requirement for accumulation and setting apart statements mandates Forms 9A and 10 before return due.
The amendment replaces rule 17 to require that the option to accumulate or set apart income be exercised in Form No. 9A and the corresponding statement furnished in Form No. 10 before the time allowed for filing the return; both must be submitted electronically under digital signature or electronic verification code. The Principal Director General/Director General of Income-tax (Systems) will prescribe filing procedures, data standards and electronic verification code generation and will implement security, archival and retrieval policies. Form No. 10 specifies the particulars and schedules to be provided regarding accumulation, investment, application and court interrupted application.
Specified person u/s 10(23FE) - Central Government specifies the sovereign wealth fund, namely, INQ Holding LLC in respect of the investment made by it in India.
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Specified person status for sovereign wealth fund grants tax exemption under 23FE subject to filing, audit, reporting and ownership conditions.
INQ Holding LLC is specified as the specified person for exemption under clause (23FE) for investments in India during the notified period, conditional on timely filing of returns, statutory audit with prescribed annexed report, quarterly electronic investment statements, maintenance of segmented accounts, continued ownership and control by the Government of Qatar, regulation under Qatari law, prohibition on borrowings for such investments, vesting of assets in the Government on dissolution, and restriction on day to day participation in investees.
Income-tax (24th Amendment) Rules, 2022
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Books of account and records requirement mandates detailed donor, income, investment and corpus records with electronic storage and ten year retention.
Entities claiming specified exemptions must maintain comprehensive books of account and other documents, including primary books (cash book, ledger, journal), bills and receipts, and records detailing projects, donor contributions (with donor identity, PAN and Aadhaar if available), applications of income (domestic and foreign), credits to other specified institutions, accumulations and investments in prescribed and other modes, corpus contributions (including for notified religious places), loans and borrowings, properties, and transactions with specified persons. Records may be electronic, must be kept at the registered office unless another Indian location is resolved and notified to the assessing officer within seven days, and retained for ten years from the end of the relevant assessment year (extended while any reopened assessment remains pending).
Specified person in respect of the investment made by it in India u/s 10(23FE) - Central Government specifies the sovereign wealth fund, namely, Qatar Holding LLC.
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Sovereign wealth fund exemption specified for Qatar Holding LLC: qualifying investments exempt subject to filing, audit, reporting and ownership conditions.
Central Government designates Qatar Holding LLC as the specified person for sovereign wealth fund exemption under clause (23FE) of section 10 for investments made in India from publication up to the notified cut off date, subject to conditions: timely filing of returns, statutory audit and prescribed audit report, quarterly electronic investment statements, segmented accounting, maintained ownership and regulatory links to the Government of Qatar, prohibition on borrowings for the purpose of investment in India, earnings credited to government designated accounts, vesting of assets in the government on dissolution, non participation in day to day operations of investees, and ineligibility on any breach of these conditions.
Amount received from the employer or any other person of the deceased on Death due to COVID-19 - Addition u/s 56(2)(x).
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Tax treatment under section 56(2)(x): COVID related death receipts require prescribed proof and Form A reporting to tax authorities.
Receipts received by a family member on account of a deceased individual's death due to COVID-19 are treated as income under section 56(2)(x) only when the death occurred within six months of COVID-19 diagnosis and the recipient retains medical proof of diagnosis and a medical report or death certificate linking death to COVID-19; such sums from employers or other persons must be reported and verified in prescribed Form A and furnished to the Assessing Officer within the specified filing period.
Amount received for any expenditure actually incurred by an individual for his medical treatment or treatment of any member of his family, for any illness related to COVID-19 - Specified conditions u/s 56(2)(x) for individual to keep record of documents.
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Recordkeeping for COVID-19 medical treatment receipts required; furnish prescribed declaration with supporting medical and payment documents.
Specified conditions require individuals claiming amounts received for expenditure actually incurred for COVID-19 medical treatment to retain a COVID-19 positive report or treating physician's medical report and all documents evidencing diagnosis or treatment within six months of determination, and to verify amounts received by furnishing prescribed Form No. 1 with identity, PAN, diagnostic and treatment identifiers, total expenditure, payer details and a signed declaration. The notification applies retrospectively from 1 April 2020 and covers the assessment year 2020-21 and subsequent years.

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