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    Instructions for Deduction of Tax at Source From Salary
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    Tax Deduction at Source from Salary: employers must compute, deduct and deposit TDS, value perquisites, and file prescribed returns.
    Instructions for Tax Deduction at Source from salaries for 2002-03 require employers to estimate taxable salary (including perquisites), compute tax at prescribed slab rates, allow standard and Chapter VI A deductions and Chapter VIII rebates, apply surcharge where applicable, and deduct equal monthly instalments. Employers may opt to pay tax on non monetary perquisites on behalf of employees; such payments are deemed TDS. Detailed valuation rules for varied perquisites, procedures for aggregation of multi employer salaries, mandatory PAN/TAN quoting, filing of prescribed forms and certificates, deposit and return obligations, and penalties and interest for non compliance are prescribed.
    Exemption from requirement of deduction of income-tax at source on payment to Sri Sathya Sai Central Trust, Sri Sathya Sai Medical Trust and Sri Sathya Sai Institute of Higher Learning, Bangalore, whose incomes are exempt under section 10(23C) of the Income-tax Act, 1961
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    TDS exemption on specified interest, rent and mutual fund income permits payments to exempt charitable institutions without deduction.
    Payments of interest other than interest on securities, rent, and income in respect of units of specified mutual funds or the Unit Trust may be paid to the named Sri Sathya Sai charitable institutions without deduction of income-tax at source for the financial years 2002-03 and 2003-04.
    Exemption from requirement of deduction of income-tax at source on payment to Ramakrishna Math and Ramakrishna Mission, Kolkata, whose income is exempt under section 10(23C)(iv) of the Income-tax Act, 1961
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    Exemption from withholding tax allows interest on securities paid to exempt charitable trusts without TDS deduction.
    Payments to Ramakrishna Math and Ramakrishna Mission, Kolkata, whose income is exempt under section 10(23C)(iv), may be made without deduction of tax at source; interest on all securities covered by section 193 - including Central and State Government securities previously specified - may be paid to these assessees without TDS.
    Mutual Agreement procedure for DTAT.
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    Mutual Agreement Procedure secures treaty-based relief and requires taxpayer acceptance and withdrawal of related appeals for implementation.
    The Mutual Agreement Procedure permits a taxpayer to request resolution from the Competent Authority when a tax action is believed inconsistent with treaty terms; Section 90 gives treaty provisions precedence where more beneficial. Once the Competent Authority communicates a MAP decision to the Chief Commissioner/Director General, the decision is to be treated as part of the applicable treaty for that case. Assessing Officers must give effect to MAP outcomes according to the assessment or appeal stage, obtain the assessee's written undertaking to accept the decision and withdraw related appeals, and record MAP facts in orders passed under section 143(3) read with section 90(2) and the relevant treaty Article.
    Fixation of percentage for verification of TDS certificates.
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    TDS certificate verification now discretionary; assessments permitted when tax quantum, deductor/deductee credibility or circumstances warrant.
    The instruction withdraws any fixed percentage requirement for cross verification of TDS certificates. Assessing Officers may verify certificates at their discretion where the quantum of tax, the credibility of the deductor or deductee, or the circumstances of the case warrant such verification, and Chief Commissioners need not prescribe a uniform sampling rate.
    Submission of No Objection Certificate in case of remittance to a non-resident
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    Tax withholding on non-resident remittances: remitters must file an undertaking and accountant's certificate to permit transfers without NOC.
    Remitters may make payments to non-residents without an income-tax No Objection Certificate if they submit an undertaking to the Assessing Officer and a certificate from an independent accountant certifying the nature, amount and correct rate of tax deduction; authorised dealers or the RBI will forward copies to the Assessing Officer and retain copies for audit. The remitter remains liable to pay any shortfall of tax with interest and is subject to penalties or prosecution for defaults. Revised proformas require detailed particulars and legal basis for the rate of deduction, including treaty considerations and permanent establishment issues.
    Selection of addl cases for non-corporate assesses for scrutiny.
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    Scrutiny selection policy for non-corporate business assesses mandates expanded case selection and monitored completion within prescribed timelines.
    Jurisdictional ranges must select additional top non-corporate business assesses for scrutiny, with assessing officers choosing cases in consultation with range leadership; selections supplement prior selections and are subject to monitoring by Commissioners and cadre-controlling offices, with a requirement to complete a substantial portion of assessments within the current financial year to facilitate revenue collection.
    Applicability of the provisions in respect of income paid or credited to a member of co-operative bank
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    TDS exemption for co-operative bank members: interest on deposits received without withholding, subject to qualifying membership.
    Section 194A exemption permits a member of a co-operative bank to receive interest on both time deposits and deposits other than time deposits without TDS; clause (viia) applies only to non-member depositors for interest on deposits other than time deposits. The member exemption is confined to members admitted per registration and bye-laws who have subscribed and fully paid at least one share, have voting/participation rights in general meetings, and are entitled to share in profits.
    Finance Act, 2002—Explanatory Notes on provisions relating to direct taxes
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    Taxation of dividends shifted to recipients, reviving TDS and restructuring related compliance obligations.
    The Finance Act, 2002 extensively amends direct tax law: it revises rate structures and surcharge mechanics, withdraws and narrows numerous exemptions, clarifies the definition of person, brings casual receipts within the tax net, tightens capital gains valuation for immovable property, refines transfer pricing rules (including a Transfer Pricing Officer mechanism and price tolerance), introduces additional depreciation incentives, reworks MAT and shipping relief, strengthens search and seizure and electronic records access (with penal sanctions), revives and expands TDS obligations (including on dividends and mutual fund distributions), and modifies compliance, assessment and penalty procedures with detailed effective date and transitional provisions.
    Removal of curbs on transfer of cases.
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    Transfer of tax cases: central ban lifted, now allowing intra-departmental reassignments without prior Board approval.
    Ban on inter-officer transfer of income-tax cases is withdrawn with immediate effect, removing the prior-Board-approval requirement. The prohibition had been imposed for computerisation and PAN allotment and extended during departmental restructuring; it is now considered unnecessary, restoring routine administrative authority for reassigning cases between Assessing Officers.
    Availability of benefit under section 80-IA in respect of infrastructure facilities notified by CBDT prior to 31-3-2001
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    Section 80-IA infrastructure benefit continues for projects notified before cutoff, subject to prior eligibility conditions.
    Projects with agreements executed on or after 1-4-1995 and on or before 31-3-2001 that were notified by the Board on or before 31-3-2001 continue to be eligible for the income-tax benefit under the pre-amendment definition of infrastructure facility, and remain exempt provided they fulfil the eligibility conditions that existed under the prior wording of the provision.
    Centralisation of search cases.
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    Centralisation of search cases: normally allocate searches to central charges, with exceptions for workload or low investigation potential.
    Instruction directs that search cases be centralised in central charges as a norm, but permits the Director General (Inv.) or Chief Commissioner (Central) to withhold centralisation due to heavy workload or low investigation potential; where no central charge exists, cases must be centralised in other charges after consultation with the Chief Commissioner(s) having jurisdiction over the group's core cases.
    Finance Act, 2002 - Threshold limits for deduction of tax at source from income by way of dividends and income from units
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    Threshold limit for TDS on dividend and mutual fund income raised, so no tax deduction below the specified limit.
    The Finance Act, 2002 makes dividend and mutual fund unit income taxable in the hands of shareholders and unitholders; the threshold limit for deduction of tax at source under the TDS provisions for dividends and for income from units is revised upward and shall apply with immediate effect so that no tax is deductible where the dividend or income from units received from a single company or mutual fund does not exceed the revised threshold.
    Instruction related to refunds.
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    Refund procedure: administrative-approval refunds must be issued promptly; interest computed until refund signature and monthly reporting required.
    Directives require that refunds needing administrative approval be issued within thirty days of determination; interest on refunds be calculated up to the date of the assessing officer's signature when granting refunds; monthly reporting of refunds issued, pending refunds and interest paid must be submitted as per the prescribed proforma; and returns with refundable amounts must be processed first to minimise interest liability.
    Clarifications on various provisions relating to tax deduction at source regarding changes introduced through Finance Act, 1995
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    Tax Deduction at Source clarified: scope for advertising, work contracts, rent, professional services, and interest on deposits.
    Clarifies the expanded scope of tax deduction at source post-Finance Act, 1995, specifying that payments for advertising by clients to agencies and payments to print/electronic media attract withholding under advertising provisions, while agencies' payments to artists and professionals attract withholding under professional and technical services. Payments for carriage of goods to clearing and forwarding agents and couriers are treated as work contracts for withholding; ticket purchases for individual travel are not. Rent for hotel accommodation taken on a regular basis is treated as rent for withholding; reimbursements for actual expenses are excluded from gross for withholding.
    Selection of scrutiny cases.
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    Selection of scrutiny cases: mandatory categories and procedural safeguards govern assessments and officer accountability.
    Compulsory scrutiny applies to cases where survey has detected additional income, where concealment reports are received from investigative or enforcement agencies, and where departmental issues with tax impact above prescribed thresholds warrant limited scrutiny. DCIT/ACIT and ITOs must propose scrutiny lists based on departmental information and scrutiny potential-including large deductions, significant refunds and disproportionate income-subject to CIT approval after consultation with JCIT/Addl. CIT. Assessing officers must record reasons before selection, conduct investigations under JCIT/Addl. CIT supervision, and are fully accountable; Addl. CIT/JCIT should assign cases evenly by workload.
    Whether prescribed self-declaration under section 197A can be submitted by entities whose income is exempt under section 10
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    Tax deduction exemption for entities with unconditionally exempt income-no TDS required even if payments exceed the threshold.
    Where a recipient's income is unconditionally exempt under the income-tax law and the recipient is statutorily not required to file a return, there is no requirement to deduct tax at source on payments to that recipient even if payments exceed the prescribed threshold; the circular identifies specified categories of funds, authorities, boards and bodies that qualify for this non-application of TDS.
    Search & Seizure work/block assessments-matters relating thereto
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    Search and seizure procedures require objective evidence recording, timely asset release and strict time bound reporting.
    Search & Seizure operations must be conducted with objectivity and accountability: record statements under Sec 132(4) with supporting evidence, preserve and back up seized electronic data, include computer knowledgeable staff in search teams, lift restraint orders within one month, process explained seized assets for release under Sec 132B within 120 days after giving opportunity to the assessee, allow inspection of seized records within 15 days of application, initiate assessments promptly after the return filing window, resolve major appraisal/assessment deviations through recorded discussions, and maintain a detailed register plus periodic progress reports to supervisory authorities.
    Guildelines for Limited Scrutiny u/s 143(2)(i).
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    Limited scrutiny under section 143(2)(i) requires reasoned written notice and supervisory approval before challenging return claims.
    Procedural guidelines require an assessing officer who believes a claim is inadmissible to record reasons in writing, serve a prescribed notice specifying the challenged claim and require supporting evidence on a specified date; supervisory approval is needed for issuing notices, time limits for service and completion must be observed, and control registers and order sheets must be maintained to track cases and ensure timely assessment.
    Exemption from requirement of deduction of income-tax at source on payment of income to Ramakrishna Math and Ramakrishna Mission whose income is exempt under section 10(23C)(iv)
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    Exemption from TDS on specified interest and mutual fund receipts allows exempt charitable entities to receive payments without withholding.
    Exemption from deduction of tax at source is permitted for Ramakrishna Math and Ramakrishna Mission whose income is exempt under sub-clause (iv) of section 10(23C). Specified payments-interest on Central and State Government securities, other interest, and income in respect of units of specified mutual funds or the Unit Trust of India-may be made to those entities without withholding. The instruction applies from the current financial year, allowing payers to make the listed disbursements without deduction of tax at source.

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      Centralisation of search cases.

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      Centralisation of search cases: normally allocate searches to central charges, with exceptions for workload or low investigation potential.
      Instruction directs that search cases be centralised in central charges as a norm, but permits the Director General (Inv.) or Chief Commissioner (Central) ... Summary

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      ActsIncome Tax