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Circulars
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829/CBDT.
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Authorized representative qualifications: prescribed cumulative conditions bar certain income-tax practitioners from estate and wealth tax representation.
Qualifications for authorised representatives are cumulative and all prescribed conditions must be satisfied; Income-tax Practitioners and Commerce Graduates who had not appeared before an income-tax authority prior to the amendment are disqualified from representing accountable persons in estate duty proceedings, and persons not qualified under the estate duty rules are likewise disqualified from representing assessees under the Wealth-tax Act.
Provisions applicable to members winding up ‑ Whether firm of chartered accountants can be appointed as liquidator
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Appointment of chartered accountant firms as liquidators affirmed as permissible under company law without statutory restriction.
There is no restriction in the Act on the appointment of a firm of chartered accountants as liquidators of a company in winding up, clarifying that firm entities of chartered accountants are not excluded from eligibility to be appointed as liquidators under the statutory framework.
No. 5/75 - 31-03-1975 Companies Law
Beneficial interest in shares ‑ Scope of the section relating to declaration by persons not holding beneficial interest in share
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Beneficial interest in shares: declaration duties attach where legal and beneficial title are separated, not to mere joint ownership.
The circular clarifies that section 187C's declaration rules apply where there is a separation of legal and beneficial title: registered joint holders and public charitable trust trustees without distinctive individual beneficial interests are outside the rules; guardians holding in own name, partners holding for absent partners, holders of bank named shares for others, and shares outside the HUF estate held for another attract the rules; completed transfers under section 108 are the operative trigger, while stock exchange dealings without executed transfer deeds and official or clearly identified executor/administrator entries are excluded.
Contracts in which directors are interested ‑ Whether proviso to the sub‑section, requiring approval of Central Government in the case of companies having paid‑up capital of Rs. 1 crore or more, applies to contract of employment of director as managing director
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Prior approval requirement: companies exceeding paid up capital threshold must obtain Central Government approval for director employment contracts.
Where a company meets the paid up share capital threshold, no contract in which a director is interested, including an employment contract as managing director, may be entered into without prior Central Government approval. The only exception is the specified statutory exception; the relaxation provision that permits conditional board approval does not apply to companies subject to the prior approval proviso.
Denial of income-tax clearance certificate to contractors on levy of penalty for concealment and/or conviction - Guidelines therefor
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Denial of tax clearance for penalised contractors restricts government contracting after penalty or conviction.
Denial of income-tax clearance certificates is required for contractors penalised for concealment or convicted for specified tax or penal offences on or after April 1, 1975; the prohibition lasts three years from the penalty order (or Tribunal confirmation if appealed) or from the conviction order, and where both penalty and conviction arise it runs from the earlier of conviction or Tribunal confirmation. The clearance application form was amended to require disclosure of penalties, convictions, five-year contract receipts, assessment particulars and partner details, and the revised proforma is mandatory for subsequent applications.
Instructions for deduction of tax at source from salary during financial year 1975-76 at the rates specified in Part III of First Schedule to Finance Bill, 1975 and Finance (Amendment) Act, 1975
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Tax withholding on salaries: updated deduction rates and modified exemptions applicable for the fiscal year
Revision of rules for deduction of income-tax at source from salaries for the financial year 1975-76 prescribes the applicable rate schedule and raises the nil-exemption slab; taxable salary is computed including fees, commission, perquisites and profits in lieu of salary but excluding specifically exempt payments, with deposits under the Additional Emoluments Act excluded when credited and included when repaid. A standard deduction for employment expenses is allowed subject to percentage, ceiling and restriction rules, qualifying payments for insurance and provident fund receive staged allowances subject to an overall cap, and a deduction for higher education expenses of dependents is available within prescribed eligibility limits.
Instructions for deduction of tax at source from interest on securities during financial year 1975-76 at the rates specified in Part III of First Schedule to Finance Bill, 1975
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Tax deduction at source on interest from government securities: prescribed withholding rates, exemptions, and certificate rules apply.
Prescribes tax deduction at source on interest payable on Government securities for the financial year from April 1, 1975, with specified withholding and surcharge rates for residents, non-residents, domestic and non-domestic companies; defines domestic company for rate application; mandates acceptance of exemption or abatement certificates and written declarations to avoid deduction in specified cases; exempts certain Defence Loans, specified National Savings Certificates, and securities held by exempt corporations; requires statutory rounding of tax to the nearest rupee and consultation with Income-tax Officers where doubts arise.
828/CBDT.
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Selective audit control: supervisors must review objections and direct appropriate remedial action to protect revenue timely.
Commissioners must personally examine significant audit objections and issue instructions to ITOs within one month of the local Audit Report; Range Inspecting Assistant Commissioners must do likewise for lower-threshold matters. The choice of remedial action-rectification under section 154, reassessment under section 147, or revision under section 263-must be carefully considered to protect revenue and improve prospects of sustaining action on appeal; routine recourse to section 154 is to be discontinued.
Whether fees on application made under section 496(1)(a) and section 551 are required to be paid by liquidator
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Liquidator fee exemption: applications under company law provisions require no fee because fees are payable by companies.
The Companies (Fees on Applications) Rules require fees to be paid by companies, not by liquidators; therefore a liquidator need not pay any fee for applications made to the Regional Director under the relevant company law provisions, and past cases decided otherwise are not to be reopened.
Basis for determination of director’s remuneration ‑ Condition restricting travelling/daily allowance to limits laid down in Income‑tax Rules ‑ Whether to be imposed while giving approval under the section
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Director travel allowance limits: government declines to mandate income tax caps, urging payments on actual expenditure instead.
The Central Government decided that no mandatory condition should be imposed requiring travelling and daily allowances payable to directors to be limited to amounts laid down in the income tax rules; instead, companies should ensure such payments are made on the basis of actual expenditure and that expenditure is kept to a minimum.
826/CBDT.
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Location of movable property rules adjusted: goods in transit to India are not treated as located in India for wealth-tax.
Board Circular No.3 W.T. (1957) provision that rights in tangible movable property are located in India "or if it is in transit to India" is rendered inapplicable by the Supreme Court decision in Consolidated Pneumatic Tools Co., which held that goods in transit to India are not located in India for wealth-tax; accordingly that phrase in paragraph 2(c) of the 1957 Circular is cancelled and officers are to be informed.
825/CBDT.
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Right to receive compensation becomes the taxable asset after vesting, with claimed additional compensation includible in net wealth.
Where land is under acquisition, pre-vesting valuation may be based on the market value ascertained by court determinations; after the Collector takes possession and vesting occurs the asset shifts from the land to the right to receive compensation, which is an indivisible property right assessable from the date of vesting. If additional compensation is claimed and referred to court, that claim may be included in net wealth without deductions for uncertainty, while tax demands on disputed differences may be kept in abeyance with recovery safeguards.
854/CBDT.
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Audit objection procedure: require focused, timely examination, explanations, and remedial measures for significant revenue-impacting mistakes.
The instruction shifts emphasis to early, objective examination of audit objections and requires retaining ledger cards while obtaining ITO explanations where Audit reports mistakes involving revenue of Rs. 10,000 or more in Income-tax or Rs. 1,000 or more in other taxes caused by failure to follow departmental instructions, failure to follow binding judicial decisions, or palpable mistakes from gross negligence or mala fide action. Explanations are also mandatory where the ITO fails to take timely, adequate remedial action on audit objections causing irretrievable revenue loss.
824/CBDT.
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Appeal monetary thresholds raised for tax references, increasing High Court and Supreme Court filing limits due to cost.
The Board raises the departmental monetary thresholds for higher court litigation: references to the High Court now require consideration only where the revenue effect exceeds Rs.10,000, and appeals to the Supreme Court where the revenue effect exceeds Rs.30,000, a partial modification justified by increased litigation costs and intended to limit sanctioning of cases below those limits.
823/CBDT.
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Classification of advance tax payments requires concurrent challan bifurcation into income tax and surcharge and register maintenance.
Concurrent checking of advance tax challans is mandated: where challans omit or misstate the bifurcation into Income-tax and Surcharge (Union) staff must compute and stamp the challan with Total, Income-tax and Surcharge, include signatures of the entering clerk and a checking supervisor, and record corrected entries daily in a separate register to be totaled monthly and made available for audit reconciliation.
No order to be made by High Court for dissolution of transferor company unless official liquidator makes report to the effect that affairs of company have not been conducted in a manner prejudicial to interests of its members
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Amalgamation procedure: official liquidator's adverse report must be considered to protect members' interests before dissolution of transferor company.
Amalgamation may be sanctioned without simultaneous dissolution, but the official liquidator's adverse report under the proviso must be given full effect to prevent orders that would permit dissolution without winding up when affairs have been conducted in a manner prejudicial to members or public interest; Regional Directors and the Company Law Board should make representations to ensure such reports are considered and improper orders are averted.
Procedure to be followed in the matter of crediting of fees to Central Government in terms of rule 291 of Court Rules, 1959
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Crediting of government fees must occur promptly after realisations so audited accounts and liquidator registers accurately reflect payments.
Rule 291 read with rule 286 requires the official liquidator to credit fees to the Central Government at the earliest practicable date after realisations or disbursements so that audited accounts and the register for realisations and disbursements (maintained in Form No. 142Q) reflect those realisations/disbursements and the fees paid. Fees credited to the Government are subject to audit and must be shown in the half yearly audited statement of accounts prepared in the prescribed form, with entries made in the register in accordance with instruction No. 3 of Form No. 142Q.
821/CBDT.
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Custody of distrained goods: store seized assets in sealed bank or treasury boxes and detain defaulters in civil prison.
Distrained articles are to be kept in sealed boxes in banks or treasuries rather than departmental strong rooms or safes, creating an administrative custody requirement. Existing arrangements allow detention of tax defaulters in civil prisons, with Commissioners defraying related expenses from departmental funds; Commissioners should report any difficulties concerning storage, jail cooperation, or fund inadequacy to the Board for remedial action.
819/CBDT.
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Concealment of income: record prosecution suitability in the penalty register and note unfit or petty cases accordingly.
Tax officers must record prosecution suitability for all established concealment cases in an added "Prosecution" column (with two sub-columns) in Part II of the Register of Penalties; petty cases within the Board's non-prosecution threshold receive the entry "Concealment not exceeding Rs.10,000", and cases considered unsuitable for prosecution must be logged as "Not fit for prosecution" with a confidential file page reference.

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842/CBDT.

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Transfer of registration information must be forwarded to tax authorities to assist income, wealth, gift and estate assessments.
Inspecting Assistant Commissioners receive fortnightly returns from Registering Officers containing transferees' statements at registration of immovable ... Summary

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Acts Income Tax