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Protocol amending the Agreement between the Government of the Republic of India and the Government of the Republic of Singapore for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income
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Limitation on treaty benefits restricts shell entities and conditions capital gains and information exchange under the amended tax protocol.
The Protocol amends treaty allocation of taxing rights by providing that gains from alienation of property not otherwise covered are taxable only in the alienator's State of residence, enhances exchange of information obligations through Competent Authorities, establishes an intergovernmental review group, and introduces a Limitation on Treaty Benefits denying benefits where arrangements are primarily to obtain treaty advantages and excluding shell/conduit companies unless objective tests (listing or expenditure) are met; it also caps source state tax on royalties where the recipient is beneficial owner.
Section 10(23C)(iv) of the Income-tax Act, 1961 notifies the Krishna Gopai Ayurvedic Dharmarth Aushdhalaya Trust, Ajmer, Rajasthan for the A.Y. 2004-05 to 2006-07
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Tax exemption under section 10(23C)(iv) granted to trust subject to application, investment, business, return filing and dissolution conditions.
Notification grants charitable trust exemption to Krishna Gopai Ayurvedic Dharmarth Aushdhalaya Trust for assessment years 2004-05 to 2006-07, subject to conditions: income must be applied or accumulated wholly and exclusively to its objects; investments and deposits limited to modes in Section 11(5) (except voluntary contributions in kind); business income excluded unless incidental and accounted separately; regular filing of income-tax returns; and on dissolution surplus and assets to be transferred to a charitable organisation with similar objectives.
Central Government approved "Hyderabad Science Society, 12-2-460, Mehdipatanarn, Hyderabad - 500 028, A.P." under section 35(1)(ii)
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Research approval under section 35(1)(ii) enables donor deduction where organisation keeps separate research accounts and auditor certification.
Approval under section 35(1)(ii) is granted to Hyderabad Science Society as a partly research-engaged institution for a defined period, conditioned on maintaining separate research accounts, submitting audited Income and Expenditure accounts for each approved year to the Commissioner or Director (Exemptions) by the filing due date or within 90 days of notification, and furnishing an auditor's certificate specifying donor-eligible research receipts and certifying that expenditures were for scientific research.
I.T. (Twenty-first Amdt.) Rule, 2005
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Annual information return requirement: specified reporting persons must file Form 61A for reportable financial transactions by the prescribed deadline.
Rule 114E mandates furnishing an Annual Information Return in Form No. 61A by specified persons for reportable transactions recorded during a financial year. Form 61A comprises Part A (paper) and Part B (computer-readable media or online) prepared in the data structure specified by the Annual Information Return-Administrator; online submission requires digital signature. Returns must be furnished to the Commissioner (Central Information Branch) or an authorised agency by the prescribed deadline and accompanied, where applicable, by decompression utilities and a certificate of virus-free data.
Income-tax (Twentieth Amendment) Rules, 2005 - Insertion of rules 6DDA and 6DDB in Part II of Income-tax Rules, 1962
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Recognised stock exchange requirements: SEBI approval, client identification, immutable records and audit trail required; notification follows application.
Conditions for notification as a recognised stock exchange for derivatives require SEBI approval for derivatives trading, recording client particulars including unique client identity number and PAN, maintaining a seven year audit trail of cash and derivative transactions, and ensuring transactions once registered cannot be erased or modified. Applications to the Member(L), CBDT must include SEBI approval, current rules and bye laws, confirmation of compliance with those operational conditions and any other information; the Central Government may request further information, decide on notification or rejection within the prescribed period, and the notification remains effective while SEBI approval subsists and until rescinded.
Scheme for furnishing of Paper-Returns of Tax Collected at Source, 2005
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Tax collected at source compliance requires paper TCS returns to be prepared, digitised, and transmitted through designated agencies.
Scheme requires collectors to prepare paper TCS Returns on prescribed Forms quoting their PAN, TAN and the PANs of persons from whom tax was collected, ensure all form fields are correctly completed, and furnish the Return to the designated agency. The agency must check PANs, TANs and deposit details, issue receipts when complete, digitise returns, forward originals to the Assessing Officer, transmit digitised data to the e-filing administrator, and issue deficiency memos for missing PANs requiring correction within seven days, flagging unremedied deficiencies prior to transmission.
Scheme for furnishing of Paper-Returns of Tax Deducted at Source, 2005
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Paper TDS returns require PAN and TAN disclosure; agencies verify, digitise and transmit records to e-filing administrator.
Scheme requires deductors to prepare TDS Returns on prescribed Forms, quote their PAN and TAN and deductee PANs, ensure all columns are correctly filled, and furnish the paper return to the designated agency. The agency verifies PAN/TAN and tax deposit details, issues a receipt if complete, digitises the return, issues a deficiency memo for missing deductee PANs with a seven-day cure period, and transmits digitised data (with unresolved deficiencies flagged) to the e-filing administrator; the assessing officer maintains the digitised returns as record.
Income-tax (Nineteenth Amdt.) Rules, 2005 - Amendments in Rules 31A, 31AA, 31AB, 37 and 37A and substitution of rule 36A of Part VI; amendments in rules 37E and 37F of Part VIA; amendments in Form No. 16, Form No. 16A, Form No. 16AA and Form No. 27D; omission of Form No. 27 and insertion of Form No.
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Electronic filing requirement: deductors must submit quarterly TDS/TCS statements to designated e filing authority with TAN and PAN included.
Deductors and collectors must prepare quarterly TDS/TCS statements in the prescribed electronic data structure and deliver them on specified computer media to the designated e filing administrator or an authorised person/agency; government offices and company principal officers must use computer media while others may opt in. Quarterly statements must quote TAN and PAN where applicable, include particulars of tax paid to the Central Government, accompany any compression software on the same media, and bear labels identifying the filer, period and volume.
IT (Eighteenth Amdt.) Rules, 2005
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Medical certification requirement for disability deductions now mandates specific medical authorities and Form 10-IA for certain disabilities.
The substituted rule 11A designates the medical authority for certifying autism, cerebral palsy and multiple disabilities as either a Neurologist (or Paediatric Neurologist) with an MD in Neurology, or a Civil Surgeon/Chief Medical Officer in a Government hospital, and requires assessees to file the medical certificate with the return: Form No. 10-IA for autism, cerebral palsy or multiple disability, or the notified certification for other disabilities; certificates needing reassessment must state the reassessment period and their assessment year validity.
I.T. (Seventeenth Amdt.) Rules, 2005
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Quarterly return for non-deduction of tax requires Form 26QA filing with payer and payee transaction details.
Insertion of rule 31AC mandates a verified quarterly return in Form 26QA for interest paid or credited to residents without deduction of tax, to be furnished to the Director General of Income-tax (Systems) or an authorised person by specified quarterly due dates. Part A of the form captures payer identifiers (TAN, PAN, assessment and financial year), totals and verification by the principal officer; Part B (computer media) requires payer details and transaction-level fields for each payee, including name, PAN or NA, deposit and interest particulars, reference numbers, dates, amounts and payee address.
Section 10(23C)(iv) of the Income-tax Act, 1961 notifies Bharat Sevashram Sangha, Kolkata for the A.Y. 2005-06 to 2007-08
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Tax exemption notification under section 10(23C)(iv) grants recognition subject to application, investment and compliance conditions.
Notification recognizes Bharat Sevashram Sangha, Kolkata under section 10(23C)(iv) for assessment years 2005-06 to 2007-08 subject to conditions: income must be applied or accumulated solely for charitable objects; accumulations invested only in modes permitted by section 11(5) (excluding certain voluntary contributions held in kind); business income is excluded unless incidental and maintained in separate books; regular filing of returns is required; and on dissolution surplus and assets must pass to a charitable organisation with similar objectives.
Section 10(23C)(iv) of the Income-tax Act, 1961 notifies Federation of Indian Export Organisation, New Delhi for the A.Y. 2004-05 to 2006-07
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Tax exemption under section 10(23C)(iv) for Federation of Indian Export Organisation subject to compliance with specified conditions.
Notification under Section 10(23C)(iv) grants tax-exempt status to the Federation of Indian Export Organisation for assessment years 2004-05 to 2006-07, conditional on applying or accumulating income solely for its objects; restricting investments to forms permitted by Section 11(5) (excluding certain voluntary in-kind contributions); excluding business income unless incidental and separately accounted; regular filing of income-tax returns; and on dissolution, transferring surplus and assets to a charitable organisation with similar objectives.
Section 10(23C)(iv) of the Income-tax Act, 1961 notifies International Commission on Irrigation and Drainage, New Delhi for the A.Y. 2005-06 to 2007-08
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Charitable recognition under income tax provision granted subject to exclusive application of income and compliance conditions.
Notification grants tax recognition to the International Commission on Irrigation and Drainage, New Delhi for specified assessment years subject to conditions: income must be applied or accumulated exclusively for its objects; investments limited to forms specified in Section 11(5) (excluding certain voluntary contributions retained as jewellery, furniture etc.); business income excluded unless incidental and maintained in separate books; regular filing of income tax returns; and surplus on dissolution to be given to a charitable organisation with similar objectives.
Section 10(23C)(iv) of the Income-tax Act, 1961 notifies Society of Sisters of Charity of Saint B. Gapitanio and Saint V. Gerosa, Koikata for the A.Y. 2001-02 to 2003-04
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Tax exemption recognition for a charitable society granted subject to compliance, investment limits, and dissolution asset rules.
Notification under Section 10(23C)(iv) of the Income-tax Act, 1961 recognizes the Society of Sisters of Charity of Saint B. Gapitanio and Saint V. Gerosa, Kolkata for assessment years 2001-02 to 2003-04, subject to conditions: exclusive application or accumulation of income for its objects; investments limited to modes in Section 11(5) (with specified exceptions); business income treated as taxable unless incidental and separately recorded; regular filing of income-tax returns; and transfer of surplus assets on dissolution to a like-minded organisation.
Section 10(23C)(iv) of the Income-tax Act, 1961 notifies Prajapita Brahma Kumaris Ishwariya Vishwa Vidyalaya, Mount Abu, Rajasthan for the A.Y. 2006-07 to 2008-09
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Tax exemption recognition for an educational religious institution subject to exclusive income application, permitted investments, and separate business accounts.
The Central Government notifies Prajapita Brahma Kumaris Ishwariya Vishwa Vidyalaya for the specified assessment years subject to conditions: apply or accumulate income wholly and exclusively to institutional objects; confine investments to modes permitted for charitable trusts (except certain voluntary contributions held as jewellery or furniture); exclude business income unless incidental and maintained in separate books; file income tax returns regularly; and on dissolution transfer surplus and assets to a charitable organisation with similar objectives.
Section 10(23C)(v) of the Income-tax Act, 1961- Central Govt. notified "Nathdwara Temple Board, Nathdwara, (Rajasthan)" for the A.Y. 2005-06 to 2007-08
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Tax exemption under section 10(23C)(v) granted subject to income application, permitted investments, business and filing requirements.
Notification under section 10(23C)(v) recognizes Nathdwara Temple Board as eligible for tax exemption for assessment years 2005-06 to 2007-08 subject to conditions: apply income wholly to its objects or accumulate for them; restrict investments to modes specified in Section 11(5) (except certain voluntary contributions); treat business income as taxable unless incidental and separately accounted; file returns regularly; and on dissolution transfer surplus and assets to an organisation with similar objectives.
For the purpose of Section 35(1)(ii) - organization M.S. Swaminathan Research Foundation, 3rd Cross Road, Taramani Institutional Area, Chennai has been approved
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Scientific research association approval requires separate research accounts, audited filings and auditor certificates for donor-eligible deductions.
M.S. Swaminathan Research Foundation is approved as a scientific research association for purposes of clause (ii) of sub section (1) of section 35 for 1 April 2004-31 March 2007, subject to maintaining separate accounts for research (except where categorized as "Association"), submitting audited Income and Expenditure accounts for each approved financial year to the Commissioner/Director (Exemptions) by the later of the return filing due date or within 90 days of the notification, and providing an auditor's certificate specifying donor eligible amounts and certifying that expenditure was for scientific research.
For the purpose of Section 35(1)(ii) - organization M/s Sir Ganga Ram Trust Society has been approved
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Approval under Section 35(1)(ii) requires separate research accounts, timely audited submissions and auditor certificates verifying research receipts and expenditure.
Approval under Section 35(1)(ii) is subject to maintenance of separate accounts for research activities, timely submission of audited Income and Expenditure accounts for those activities to the tax authority by the due date or the interim period following notification, and inclusion of an auditor's certificate specifying amounts received for qualifying scientific research and certifying that the expenditure was incurred for scientific research.
Central Government notified the "Maharashtra Energy Development Agency, Mumbai" for the purpose of section 10(23C)(iv) for the assessment year 2004-2005 to 2006-2007
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Tax notification under section 10(23C)(iv): exemption for Maharashtra Energy Development Agency subject to specified compliance conditions.
Central Government notified the Maharashtra Energy Development Agency, Mumbai under section 10(23C)(iv) for assessment years 2004 2005 to 2006 2007, subject to conditions: exclusive application or accumulation of income to its objects; permitted forms of investment or deposit; exclusion of business income unless incidental with separate books; regular filing of income-tax returns; and transfer of surplus and assets to a like charitable organisation on dissolution.
Assessing Officers notified for securities transaction tax in Mumbai
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Assessing Officer designation for securities transaction tax clarified, aligning STT jurisdiction with territorial income-tax officers.
The notification designates the officers authorised to act as Assessing Officer for Securities Transaction Tax: for assessees with principal place of business or registered office within Greater Mumbai municipal limits, the Joint or Additional Commissioner of Income-tax of the specified Mumbai range; for other assessees, the same officer who has jurisdiction over the assessee for income-tax purposes.

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